In Equity, in Taylor Superior Court. Tried before Judge Worrill, at April Term, 1860.
This was a bill filed originally by William K. Lowe, executor and legatee in remainder of William H. Lowe, deceased, against Martha T. Lowe, widow of testator, to compel her to give bond and security for the forthcoming of certain negroes and other personal estate, which the bill alleged she held only for life, under the terms and provisions of the, last will and testament of said testator.
The following is a copy of said will and codicil thereto:
"GEORGIA—Taylor County:
"I, William H. Lowe, of the county and State aforesaid, being of advanced age, but of sound and disposing mind and memory, and being desirous of making a disposition of the effects with which a. kind Providence has blessed me, after my death, do make this my last will and testament, hereby revoking and annulling all others heretofore made by me.
"Item 1st. It is my will and desire that my body be buried in a decent and-Christian-like manner, suitable to my circumstances and condition in life. My soul, I trust, shall return to rest with God, who gave it, as I hope for eternal salvation through the merits and atonement of Jesus Christ.
"Item 2d. It is my will and desire that all my just debts be paid by my executors, hereinafter named, as I am unwilling my creditors should be delayed of their rights, especially as there is no necessity for delay.
"Item 3d. I give, bequeath and devise to my beloved wife, Martha T. Lowe, for and during her natural life, the following property, to wit: George, a negro boy about eighteen years old; Ellen, a woman about 22; Tilly, a girl about ten; Ben, a boy about five; Osborn, a man about fifty; and Ma-riah, a woman about fifty years old. All of the household furniture which I received by my said wife upon our intermarriage, to wit: one trustor bedstead and furniture, one bureau, one work-stand, one half-teastor bedstead and furniture, four trunks, two wash-stands, three looking-glasses, and one brass clock. And at the death of my said wife, Martha T. Lowe, my will is, that said property shall go to and become the property of my child or children which my said wife may have living by me, to them and their heirs forever; and in the event that my said wife should not have by me any child or children at her death living, then said property to become the property absolutely of my said wife, to be disposed of as she may think proper by will or otherwise.
"Also, I give, bequeath and devise unto my said wife, Martha T. Lowe, for and during her natural life, the following lands, to wit: Twenty-five acres off of lot No. 224, in the northeast corner of said lot, in the 3d district of originally Muscogee, now Taylor county, and 125 acres off of the west side of lot of land No. 242, in the 2d district of originally Muscogee, now Taylor county, with all the members, rights and appurtenances; also, my match-horses, rockaway, and harness. And at the death of my said wife, said land, horses, rockaway and harness shall be equally divided among all my children subject to the restrictions hereinafter named.
"Item 4th. I give and bequeath unto my step-daughter, Jeffersonia R. Brooks, one half-teastor bedstead and furniture, and one gold watch, which I received by my said wife upon our intermarriage; and if my said step-daughter, Jeffersonia R. Brooks, should depart this life before marrying or arriving at the age of twenty-one years, then said bedstead, furniture and watch to become the property of my said wife, subject to her disposal.
"Item 5th. I give and bequeath unto my son, James M. Lowe, two hundred dollars, to my son Augustin L. Lowe,
two hundred and fifty dollars, and to my daughter R-
Lowe, three hundred and fifty dollars, to make them equalwith my children to whom I have already given a portion of my property.
"Item 6th. All the balance of my property of every description whatever, real, personal and mixed, not heretofore disposed of by this my will, I desire shall be equally divided among all my children subject to the restrictions hereinafter named, share and share alike, to wit: Patience L. Gates, William R. Lowe, Sarah A. Bryant, James M. Lowe, Augus-tin L. Lowe, and Roena Lowe (including any children I may hereafter have by my said wife); the land to be rented and the negroes hired out not exceeding fifteen months (discretionary with my said executors, they taking into consideration the time of the year in which I may die to govern them as to the length of time of renting and hiring), and the proceeds of the rent and hire thereof to be applied to the payment of my debts and the specified legacies in this my last will. My further will and desire is, that the negroes (not heretofore disposed of by this my will) shall be divided without a sale thereof, and that the balance of my property— lands, household and kitchen furniture, and stock of every description—shall be sold according to law, and the money arising from the sale thereof be applied to the payment of debts and legacies, and the balance of said money to be equally divided among all my children, subject to the restrictions hereinafter named.
"Item 7th. It is my will and desire, if any of my aforesaid children should die without lawful issue, that then and in that event, his, her or their distributive share of my estate shall go to and be equally divided among his, her or their brothers and sisters, subject to the same restrictions hereinafter named.
"Item 8th. It is my will and desire that all the property conveyed by this my last will to my children aforesaid, shall go to them respectively in trust for their children; that they shall not have the power to dispose of the property which they may respectively take under and by virtue of this my will, in any manner whatever, nor shall said property be liable to the payment of the debts of my said children; but at their respective deaths, their respective shares shall vest absolutely in their children and their heirs forever. And if any of my said children should die without lawful issue, thathis, her or their share or shares under this my will to be divided according to the seventh item of this will.
"Item 9th. I hereby nominate and appoint my sons, William R. Lowe, James M. Lowe, and Augustin L. Lowe, my executors under this my last will and testament.
"In witness whereof, I have hereunto set my hand and affixed my seal, this the 25th day of October, A. D., 1855.
"Wm. H. Lowe" [l. s.]
Codicil.
"GEORGIA—Taylor County:
"Whereas, I, William H. Lowe, did, on the 25th day of October, A. D. 1855, sign, seal, declare and publish my last will and testament, in the presence of Franklin A. Royal, Elias W. Bowden, J. P., and James S. Harris, C. J. C, who signed the said will and testament as witnesses; and whereas, I am desirous of altering and changing a bequest in said will: I therefore make and publish this codicil to said will:
"Item 1st. That my sons, after receiving their several bequests, named in my previous will, may have power to dispose of their respective shares as they may think fit and proper.
"Item 2d. My wife, Martha T. Lowe, to have a...
