State of Maryland to Burke Co., NC to Franklin Co., GA to Habersham Co., GA and Lincoln Co., TN; Mid-Seventeen Hundreds to Late Eighteen Hundreds
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Habersham Co., GA:
Children of JAMES MCCRACKEN and ELINOR WILSON OR WOFFORD are:
1. DAVID MCCRACKEN, m. SARAH DEAVORS.
2. ELIZABETH MCCRACKEN, m. GEORGE C. BRANCH.
3. CARA MCCRACKEN, b. 1789; d. 1887; m. JOHN VAUGHN.
4. MARY MCCRACKEN, b. Abt. 1800, State of Georgia; m. DANIEL CHITWOOD, 03 October, 1817, Franklin Co., GA.
5. SARAH "SALLIE" MCCRACKEN, b. Abt. 1804, State of North Carolina or Georgia; d. Habersham co., GA (Probable); m. HAYWOOD ENGLISH, 11 April, 1822, Habersham Co., GA.
6. ALTA MCCRACKEN, b. 1808, Franklin/Habersham Co., GA; d. Cass/Bartow Co., GA; m. JAMES WOFFORD, 08 October, 1822, Habersham Co., GA.
7. HANNAH MCCRACKEN, b. 05 January, 1809, Franklin/Habersham Co., GA; d. 18 January, 1867, Bartow Co., GA; m. SILAS BELL.
8. PERMILIA MCCRACKEN, b. 1812, Franklin/Habersham Co., GA.
9. NANCY MCCRACKEN, b. 1814; m. GEORGE MCCRACKEN, 28 April, 1833, Habersham Co., GA.
10. JAMES MCCRACKEN, b. 1816, Franklin/Habersham Co., GA; m. CHARLOTTE WOFFORD, 04 October, 1837, Cass Co., GA.
Children of JAMES MCCRACKEN and LUCINDA LAWRENCE are:
1. CINTHA MCCRACKEN, m. HOWARD CASH, 03 February, 1846.
2. LYDIA MCCRACKEN, b. 18 November, 1821, State of Georgia; m. THOMAS LECROY.
3. JOSEPH WILSON MCCRACKEN, b. Abt. 1831, Habersham Co., GA; d. 09 August, 1864; m. MARY RACHEL PRINCE, 10 July, 1856.
4. WILTHA A. MCCRACKEN, b. Abt. 1831; m. STARLING YEARWOOD.
5. REBECCA CATHERINE MCCRACKEN, b. 22 August, 1833, State of Georgia; d. 04 June, 1917, Chattanooga, Hamilton Co., TN; m. (1) CHARLES D. AKINS, 14 December, 1856; m. (2) NEWTON CLEVELAND THOMAS, 08 November, 1860.
6. JOHN VAUGHAN MCCRACKEN, b. Abt. 1840, Habersham Co., GA; d. Bef. 1880, Dekalb Co., AL; m. NANCY A. GILBREATH.
7. CALEB MCCRACKEN, b. Abt. 1844, Habersham Co., GA; d. Habersham Co., GA.
THE ESTATE OF JAMES McCRACKEN OF HABERSHAM COUNTY, GEORGIA
COURT MINUTE BOOK 6, PAGE 2, HABERSHAM COUNTY, GA
MINUTES COURT ORDINARY, SEPTEMBER, 1859
I, Joseph W. McCracken, do solemnly swear that this writing now presented contains the true last will of the within named James McCracken, late of said County deceased So far as I know or believe, and that I will well and truly execute the same by paying first the debts and then the Legacies contained in the Said will, So far forth as his goods & Chattels will thereto extned and the law requires me, and that I will make a just and true appraisment of all such goods and Chattels and a just and true return thereof when thereunto required So Help me God.
J. W. McCracken
Sworn to and subscribed in open court this 5th September, 1859.
C. H. Sutton, Ordinary
The last will and testament of James McCracken Decd., who died on the Eighth day of August, 1859, having been proved upon the oath of P. Martin, Ricd. Jones & Peter King--witnesses to said will and of Joseph W. McCracken Executor therein named; It is considered by the Court that the probate of Said will is sufficient and that the same be admitted to record and that letters Testamentary do issue to said Joseph W. McCracken the Executor in and by said will named and appointed, and it is further ordered that Wm. S. Meeks (?), Moses Ayers, Richard Jones, Amos Jackson, & M.M. Sanders be and they are hereby appointed appraisers of Said estate.
GEORGIA, HABERSHAM COUNTY
Before me, C. H. Sutton Ordinary of said County, in open court came Philip Martin, Richard Jones and Peter King---who being duly sworn, depose and say that they saw James McCracken, the Testator, Sign, Seal, Publish and declare this writing now presented as his last Will and testament freely voluntarily and of his own accord and without any compulsion or undue influence That at the time of the signing of the same the said James McCracken was as they believed of sufficient (stricken out is: sound and disposing) mind and memory ^ to make a will That deponent signed said will as witness in presence of the Testator and at his request and in presence of each other.
Phillip Martin, Richard Jones, Peter King
Sworn to and subscribed before me in open court this fifth day of September, 1859.
C. H. Sutton, Ordinary
GEORGIA, HABERSHAM COUNTY
In the name of God-Amen. I James McCracken of the County and State aforesaid, being advanced in age and weak in body, but of sound and disposing mind and memory, and knowing the uncertainty of life deem it advisable and proper, that I should while in life, make a disposition of the property both real and personal, with which it has pleased a divine Providence to bless me, have and do hereby make publish and declare the following writing to be and contain my true last will and testament hereby revoking all other will or wills by me heretofore made.
Item 1st. In the first place I commit my soul to God who gave it me, and my body to the dust from whence it came to be buried after my death in a decent and becoming like manner, at the discretion of my Executor and friends.
Item 2nd. I give and bequeath unto my beloved wife Lucinda McCracken, for her use and benefit during her natural life, or widowhood, and after her death or marriage, should she again marry, then to my son Caleb McCracken, his heirs and assigns, Lot of land Number One hundred and nine in the tenth District of Said County, containing two hundred and fifty acres whereon I now live, also all that part of lot of land number Eight in the twelfth District of Said County on the South Side of the Mill Creek the Said Creek to be the line all the way through said, also all that part of lot number nine in the (12) twelfth District of Said County, on the South Side of Said Mill Creek, also fifty acres off of lot Number one hundred and twelve in the tenth District of said County on the side adjoining to lot No. 109 first aforesaid in Said 12th District.
Item 3rd. I give and bequeath to my son John McCracken all that part of lot of land number Eight in the (12th) twelfth District of Said County on the North Side of the Mill Creek, the Said Creek to be the line all the way through and to his heirs and assigns with the exception that my son Joseph Wilson (?) McCracken is to have a right to use and keep up the Saw-mill on Said Creek & lot, for his own use and benefit, equal with my said son John; that is they, my said sons John & Joseph W. are hereby made equal in the use of Said Saw Mill.
Item 4th. My will and desire is that at and after my death that my Executor Sell either at public or private sale whichever he may think most advantageous all the balance of Said lot of land number one hundred and twelve, in the tenth District of Said County after deducting the fifty acres herein before disposed of and which contains two hundred acres more or less and divide the proceeds of Such Sale Share and Share alike among all my children.
Item 5th. I give and bequeath, unto my beloved wife Lucinda McCracken for her use and benefit during her natural life or widowhood and at and after her death or marriage Should she again marry then to my sons and daughters by my Said Wife Lucinda to be sold if they can not be otherwise equally divided, all the negro Slaves which I may die Seized and Possessed of and those which I ("now" stricken out) have, now, to wit; Lucy, a female about fifty years old, Betsy, a female Slave about thirty years of age, Mary, a female slave about fifteen years old, George Anna (?), a female Slave about twelve years old and John, a male Slave about fifteen months old and the increase of Said female slaves, to be divided as aforesaid and share & share alike, among and between all my ^ Said sons & daughters, which I have by my last wife Lucinda McCracken, and their heirs & assigns after the death or marriage again, as aforesaid, of my Said Wife Lucinda.
Item 6th. I give and bequeath at and after my death and after the payment of all my just debts and other expenses attending this my last will and testament all the residue of all the personal property, of whatsoever kind, not disposed of in the preceding 5 Items of this My will and testament, that I may die seized and possessed of in my right to my beloved wife, Lucinda for her use and benefit and for the use and benefit of my said son Caleb during the natural life or widowhood of the Said Lucinda and at & after her death or marriage, should she again marry, if there should be a residue ow such personal property, then to my Son Caleb, his heirs and assigns.
Item 7th. And lastly, for the purpose of carrying into execution and full effect, this my last will and testament, I do hereby Constitute, Ordain and Appoint, my son Joseph Wilson McCracken, my Executor and desire him to execute after my death, this my last will and testament in all its requisites.
In testimony whereof I, James McCracken have hereunto set my hand and seal in the presence of the subscribing witnesses hereto and who I request to witness the same, this twelfth day of August, 1856. ?
James McCracken {SEAL}
Signed, Sealed, published ("and" stricken out) acknowledged, and declared by the Testator to be his last will and testament in the presence of the undersigned witnesses who hereunto subscribed their names in the presence of the Testator and of each other.
Richard Jones, Peter King, Philip Martin
THE COURT ADJOURNED TILL COURT IN COURSE
C. H. Sutton, Ordinary
GEORGIA, HABERSHAM COUNTY
Ordinary Office
Sept 20th 1859
Ordered that Joseph W. McCracken Exr. of James McCracken have leave to sell all the personal property of said decd. by giving ten days notice of the time & place of sale at three or more public places in the County.
C. H. Sutton, Ordinary
PAGE 24 BOOK 6 MINUTES COURT OF ORDINARY, MAY, 1860
To the Heirs and Legatees of James McCracken, Decd. upon (?) having the foregoing caveat and petition it is ordered that Joseph W. McCracken the Executor in & by the last will named of the Said Decd. do show Cause at the next term of this Court to be held on the first Monday in May next, 1860 why said Will Should not be revoked annuled and set aside and intestacy declared and the he be Served with a copy fo the Said Caveat and petition and of this order twenty days previous to the Said May Term of this Court.
PAGE 25 BOOK 6 MINUTES COURT OF ORDINARY, MAY TERM, 1860
GEORGIA, HABERSHAM COUNTY
The Court met according to Law Monday 6th day of May, l860 Present J. G. Porter, Ordinary of Said County
Tuesday May 7th, 1860
Cary Vaughan estate caveator Caveat & (?) to will
VS of said Deceased, May Term, 1860
Joseph W. McCracken, Exr. Of James McCracken, Decd.
Upon hearing the above State Case upon the proofs and agreement of Council it is ordered that the Said Caveat be overruled and that Said Will be considered and adjudged to have been proved in Sollum (solemn) form. It being the opinion of this Court. 1st that it was Signed in the presence of the Witnesses to Said Will and that it was Signed by the Witnesses in the presence of the Testator 2d. That the Testator ^ was of Sufficient mind to make a Will at the time of the Execution of said Will. 3d. and that there was no undue influence ("sufficient to break the will of Said testator" is stricken out) now (?) over the Testator during the Execution of Said Will, that the proofs of incapacity and imbecility of mind in this case are not Sufficient in Law to authorize the Setting aside fo Said Will.
THE COURT ADJOURNED TILL COURT IN COURSE
John G. Porter, Ordinary
GEORGIA, HABERSHAM COUNTY
Court of Ordinary, April Term, 1860
In the matter of the last will and testament of James McCracken, Decd. now at this time comes Cary Vaughan, Haywood English in right of his wife, Salley English, all heirs at Law and distributees of the Estate of Said Deceased and their attorneys W. L. (?) Wofford & C. H. Sutton enter their Caveat and Sollemn protest before Said Court against the further execution of the supposed or pretended Last Will and Testament of Said deceased on the following grounds and for the following reasons to wit; First-Because at the time of Executing the Said pretended or suposed will, the said Deceased was not of sound and disposing mind and memory; Second-Because at the time of Executing the last or pretended will the Said Decd. was laboring under the influence of alcohol and Intoxicating Drinks and was too much Intoxicated and Drunk to be capable of making a will or Disposing of his property or transacting any business. Third-Because at the time of Executing said supposed and pretended will, the said Decd. was wholly under the Influence of his younger(?) son & daughter's children by his last wife who by undue influence and Coercion procured said will to be made whereby they took the larger portion of the estate of said Decd. to the amount (unreadable) exclusive of your Caveators and other children of Said Decd. by a former wife. Fourth-Because at the time of the execution of the Supposed or pretended will, was not signed by the Testator in presence of the witnesses not attested by the witnesses in presence of the Testator as required by Law and for these reasons your Caveators say that the said, pretended last will is not the will of the said James McCracken, Decd. and should not stand in Law or be executed as such and pray an order of said Court setting the same aside and that Joseph W. McCracken, the Executor in said pretended will named may be directed by order of Said Court to (unreadable) and cause the further execution of said will and this end your Caveators (unreadable) order of this (?) calling upon and directing the Said Joseph W. McCracken the Executor named in the said pretended will to probate to (unreadable) in solemn form.
W. T. Wofford, C. H. SuttonAttys. (something unreadable)
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Original background graphics by Elaine Randall English Copyright ã Elaine Randall English, 1999-2002
