Mary Telfair’s Will

I, Mary Telfair, of this City of Savannah, and State of Georgia, being of sound and disposing mind, and memory, do hereby make, publish and declare this my last Will and Testament, hereby revoking and marking null and void any and every Will by me at any time heretofore made.

FIRST. I hereby give, devise and bequeath to George Noble Jones, son of the late Noble Wymberly Jones, all that full lot of land in the City of Savannah on Bryan street, east of and near Drayton street, with the buildings and improvements thereon, commonly known as “Oglethorpe Hall,” to him and his heirs forever, and I also give, devise and bequeath to the said George Noble Jones, to him and his heirs forever, all those lots of land on Fahm, Poplar and Harrison streets, in the City of Savannah, of which I am seized and possessed, or of which I am at present the bona fide owner.

SECOND. I Hereby give, devise and bequeath to Mary Harrison, wife of the Reverend William Harrison, at present residing in Newark, New Jersey, for her sole and seperate[sic] and only use, and subject to her exclusive control and disposition, One Hundred Shares of the Capital Stock of the South Western Rail Road of the State of Georgia.

THIRD. I give, devise and bequeath to Mary E. Thompson, a resident of Litchfield, Connecticut, One Hundred Shares of the Capital Stock of the Camden and Amboy Rail Road, of New Jersey, each Share of the par value of One Hundred Dollars, the Dividends on said Stock to be paid by my Executors regularly to the said Mary E. Thompson during her life, and the Shares to be subject to disposition at her death by the last will and testament of the said Mary E. or any instrument in the nature thereof to be executed by her.

FOURTH. I give, devise and bequeath to Margaret Ewing Ritchie neice[sic] of this said Mary E. Thompson, also One Hundred Shares of the Capital Stock of the Camden and Amboy Rail Road Company, the Dividends arising from the same to be paid by my Executors regularly to the said Margaret Ewing Ritchie, for her sole and separate use, and the Shares to be subject to disposition after her death by the last will and testament of the said Margaret Ewing Ritchie, or any instrument of writing for that (for that) purpose made and executed by the said Margaret.

FIFTH. I give, devise and bequeath to Kentwyn DeRenne, son of G. W. J. DeRenne, of Savannah, Fifty Shares of the Capital Stock of the South Western Rail Road of Georgia.

SIXTH. I give, devise and bequeath to Catherine Jones Bulloch, now residing in Morristown, New Jersey, Fifty Shares of the Capital Stock of the South Western Rail Road Company of Georgia, to receive the Dividends regularly from my Executors during her life, and from and after her death said Shares to be held by my Executors and their successors in trust for the use and benefit of the three neices[sic] of the said Catherine Jones Bulloch, to wit: Martha Hunter, Lydia Hunter, and the present wife of William T. Gould, of Augusta, formerly named Hunter, and for the use and benefit of the survivor of them.

SEVENTH. I give, devise and bequeath to my friend Frances F. Chrystie, of Hastings, on the Hudson River, One Thousand Dollars should she survive me, and not otherwise.

EIGHTH. I give, devise and bequeath to my friend Matilda F. Tillotson, if she survives me, and not otherwise, One Thousand Dollars.

NINTH. I give, devise and bequeath to my faithful colored servant George, now in my service, Twenty-five Shares of the Capital Stock of the South Western Rail Road of Georgia, provided said servant George be in life at the time of my death.

TENTH. I hereby give, devise and bequeath to the Trustees of the Independent Presbyterian Church, of the City of Savannah, all that full lot of land in the City of Savannah, on the south-west corner of Broughton and Bull streets, with the buildings and improvements thereon, to have and to hold the same on the following terms and conditions, and not otherwise, to-wit: FIRST. That the Trustees of the said Independent Church shall appropriate annually out of the rents and profits of said lot and improvements the sum of One Thousand Dollars to one or more Presbyterian or Congregational Churches in the State of Georgia, in such destitute and needy localities as the proper officers of said Independent Presbytherian Church might select, so as to promote the cause of religion among the poor and feeble churches of the State. SECOND. This give and devise is made on the further condition that neither the Trustees nor any other officers of said Independent Presbyterian Church will have or authorize any material alteration or change made in the pulpit or galleries of the present church edifice on the corner of Bull and South Broad streets, but will permit the same to remain substantially as they are, subject only to proper repairs and improvement, nor shall they sell or alien the lot on which the Sabbath School Room of said church now stands, but shall hold the same to be improved in such manner as the Trustees or pew-holders my direct. THIRD. Upon the further condition that the Trustees of said Independent Presbyterian Church will keep in good order and have thoroughly cleaned up every spring and autumn, my lot in the Cemetery of Bonaventure, and that no interment or burial of any person shall ever take place either in the vault or within the enclosure of said lot, and for the purpose of having the same protected and cared for, I hereby give, devise and bequeath my said lot in the Bonaventure Cemetery to the Trustees of the Independent Presbyterian Church and their successors.

ELEVENTH. I give, and devise to the Union Society of Savannah, all that lot or parcel of land in the City of Savannah on the north side of Bay street and at or near its intersection with Jefferson street extended or prolonged, known in the plan of said city as Lot Letter”B,” with the buildings and improvements thereon, but on the express condition that said Society shall not sell or alienate said lot, but shall use and appropriate the rents and profits of the same for the support of the School and charities of said institution, without said lot being at any time liable for the debts or contracts of said Society.

TWELFTH. I give, devise and bequeath to the Widows’ Society of Savannah, all that lot or parcel of land in Savannah on the corner of President and West Broad streets, on which the improvements now consist of four brick tenement buildings, the rents and profits of the same to be appropriated to the benevolent purposes of said Society, but this devise is made on condition the said Savannah Widows’ Society shall not sell or alienate said lot or improvements, nor hold the same subject to the debts, contracts or liabilities of said Society.

THIRTEENTH. Should either one or more of the corporate bodies or institutions named in the preceding items of my Will, attemt[sic] to seek, alienate, otherwise dispose of the property and estate therein devised, contrary to the terms and conditions therein set forth, or should there by an levy on the same to satisfy the debts of said corporation, then I hereby direct my Executors or legal representatives to repossess and enter upon said property or estate as to which the conditions may be so broken or violated, and in that event I do hereby give and devise the said property so entered upon and repossessed unto the Savannah Female Orphan Asylum.

FOURTEENTH. I hereby give, devise and bequeath to the Georgia Historical Society and its successors, all that lot or parcel of land, and the buildings and improvements thereon, fronting on St. James Square, in the City of Savannah, and running back to Jefferson street, known in the plan of said city as Lot Letter “N,” Heathcote Ward, the same having been for many years past the residence of my family, together will all by Books, Papers, Documents, Pictures, Statuary, and Works of Art, or having relation to Art or Science, and all the furniture of every description in the dwelling house and on the premises, (except bedding and table service, such as china, crockery, glass, cutlery, silver plate and linen,) and all fixtures and attachments to the same, to have and to hold the said Lot and Improvements, Books, Pictures, Statuary, Furniture and Fixtures, to the said Georgia Historical Society and its successors, in special trust, to keep and preserve the same as a Public Edifice, for a Library and Academy of Arts and Sciences, in which the Books, Pictures and Works of Art herein bequeathed and such others as may be purchased out of the income, rents and profits of the bequest hereinafter made for that purpose shall be permanently kept and cared for, to be open for the use of the public on such terms and under such reasonable regulations as the said Georgia Historical Society may from time to time prescribe; but this devise and bequest is made upon condition that the Georgia Historical Society shall cause to be placed and kept over and against the front porch or entrance of the main building on said lot, a marble slab or tablet, on which shall be cut or engraved the following words, to-wit:

TELFAIR ACADEMY OF ARTS AND SCIENCES

The word “TELFAIR” being in larger letters and occupying a seperate[sic] line above the other works, and on the further condition that no part of the buildings shall ever be occupied as a private residence or rented out for money, and none but a Janitor and such other persons as may be employed to manage and take care of the premises shall occupy or reside in or upon the same, and that no part of the same shall be used for public meetings or exhibitions or for eating, drinking or smoking, and that no part of the lot improvements shall ever be sold, alienated or encumbered, but the same shall be preserved for the purposes herein set forth. And it is my wish that whenever the walls of the building shall require renovating by paint or otherwise, the present color and design shall be adhered to as far as practicable. For the purpose of the providing more effectually for the accomplishment of the objects contemplated in this item or clause of my Will, I hereby give, devise and bequeath to the Georgia Historical Society and its successors, One Thousand Shares of the Capital Stock of the Augusta and Savannah Rail Road, of the State of Georgia, in special trust to apply the dividends, income, rents and profits arising from the same, to the repairs and maintenance of said buildings and premises, and the payment of all expenses attendant upon the management and care of the Institution herein provided for, and then to apply the remaining income, rents and profits in adding to the Library, and such works of Art and Science as the proper officers of the Georgia Historical Society may select, and in the preservation and proper use of the same, so as to carry into effect in good faith the objects of this devise and bequest.

FIFTEENTH. Such of my household furniture as is not included in the above bequest to the Georgia Historical Society, (except silver and silver-plate, which is hereinafter provided for,) and all kitchen furniture proper, and wearing apparel, I hereby give and bequeath to Mary E. Thompson, herein before named, to be disposed of as she may think most proper.

SIXTEENTH. I hereby give and bequeath to such persons as I may name and indicate on a list to be signed by me and folded up with this, my Will, and in the proportions and the classes there in set forth, all my silver-ware and plate of every description, said list to be taken as part of this, my last Will and Testament, and said persons therein named to be legatees under this clause or item of my Will.

SEVENTEENTH. I hereby give, devise and bequeath to the Presbyterian Church of the City of Augusta, which has its church edifice on Telfair street, in that city, or to the Trustees thereof, and its or their successors, the sum of Thirty Thousand Dollars in United Sates currency, to be appropriated to and expended in the building and erection of a suitable and commodious Sunday School House and Library on a portion of the said lot fronting on Telfair street. And I hereby request and direct my Executors to pay over said sum of Thirty Thousand Dollars from the funds in the hands of Baring Brothers and Company, of London, which funds are to be by them withdrawn after my death.

EIGHTEENTH. In addition to the gifts and bequests to Mary E. Thompson and her niece[sic] and adopted daughter, Margaret Ewing Ritchie, contained in the third and fourth items or clauses of this my Will, I do hereby further give and bequeath to each of them, One Hundred and Twenty-five Shares of the Capital Stock of the South Western Rail Road Company of Georgia, to be held upon the same trusts, uses and conditions as are set forth in said third and fourth clauses respectively.

NINETEENTH. I hereby give, devise and bequeath to my Executors, hereinafter named, and to the survivor of them, Twenty-one Thousand Dollars in the Registered Bonds of the United States, at their par value, in trust, to hold the same for the only use and benefit of Mary Martha Wetter and Louise Alberta Wetter, children of the late Alberta Wetter, formerly Alberta Cobb, to pay the income, rents and profits arising from the same directly for the support and education of the said Mary Martha Wetter and Louisa Alberta Wetter, and the survivor of them, not into or through the hands of their father, or any other person for them, until both of them, or the survivor of them, shall arrive at twenty-one years of age. And after they, or the survivor of them, shall have arrived at the age of twenty-one years, to pay the income arising from this bequest to the said Mary Martha Wetter and Louisa Alberta Wetter, or the survivor of them directly, and not into or through the hands of any other person, during the natural lives of them, or the survivor of them, and from and after the death of the survivor to divide the same, with any accumulations of income or interest that may have been invested, equally among the children of the said Mary Martha Wetter and Louisa Alberta Wetter, who may be then living, and in default of any such children then living to return the corpus of this bequest with any accumulations thereon to the body of my estate, to be disposed of as directed and provided for in the residuary clause of this, my Will.

TWENTIETH. It is my wish and desire, and I do hereby so request, that my friend, Mary E. Thompson, hereinbefore named, shall remain in my dwelling house a sufficient time after my death, to assort and arrange the furniture, wearing apparel, and other articles of value, and to take away such as are not included in the devise and bequest to the Georgia Historical Society, and I desire that no formal inventory be taken or made of said furniture, apparel and other articles in my dwelling house to be returned to the Court of Ordinary, and that no auction or sale of any kind shall take place in the house or on the premises.

TWENTY-FIRST. All the rest and residue of my estate, of whatever the same my consist, real, personal and mixed, and wherever situated, I hereby give, devise and bequeath to my Executors hereinafter named, and to the survivor of them, and to the successors in this trust of said survivor, in trust, to use and appropriate the proceeds arising from the same to the building and erection and endowment of a Hospital for Females within the City of Savannah, on a permanent basis, into which sick and indigent Females are to be admitted and cared for, in such manner and on such terms as may be defined and prescribed by the Trustees or directresses provided for in this item or clause in my Will. The income, rents and profits of such portion of the residuum of my Estate as may not be expended in the building, erection and furnishing said Hospital shall be annually appropriated to the support and maintenance of the same. My desire and request is that a thoroughly convenient Hospital, of moderate dimensions, suited to the wants of the City of Savannah, and capable of enlargement if necessity should require, may be built and erected, with no unnecessary display connected with it. And I do hereby nominate as the first Trustees, Managers or Directresses, of said Hospital, Mrs. Louisa F. Gilmer, Sarah Owens, Mary Elliott (formerly Habersham), Susan Mann, Florence Bouquin, Eva West and Eliza Chisholm, all of Savannah, Georgia, and do request and instruct my Executors to advise and consult with the Ladies named as to the construction, arrangement and furnishings of said Hospital. It is further my wish and desire, and I do hereby request, that a suitable and proper Act of Incorporation for said Hospital shall be obtained from such tribunal in the State of Georgia as may have jurisdiction in the premises, to be called and known as the “TELFAIR HOSPITAL FOR FEMALES” with the ladies above named, or such of them as may consent to serve, and such others as they may apply for to be associated with them as the first Trustees, Managers or Directresses under said Act of Incorporation, with power to fill any vacancies that occur in their number. And for the purposes of accomplishing the objects contemplated in this item or clause of my Will, I do hereby authorize and empower my Executors, or the survivor of them, to sell and convey all or any portion of the real estate, or any interest in the same, which I may have or be entitled to, and not given or devised in any of the previous items or clauses of this, my Will, using their discretion as to private or public sales, and as to whether and at what time such sales shall be made.

TWENTH-SECOND. It is my wish, and I do hereby so direct, that none of the legacies bequests and devises in any of the clauses of this, my Will, shall be executed or take effect until the building and other improvements of the lot on the corner of Gaston and Whitaker streets, and known as the “HODGSON MEMORIAL HALL,” which I have conveyed in trust to the Georgia Historical Society, shall be completed and entirely paid for out of my estate.

TWENTY-THIRD. I hereby give, and bequeath to the First Christian Church erected or to be erected, in the Village of TELFAIRVILLE, in Burke County, or to such persons as may become trustees of the same, the sum of One Thousand Dollars, and a like sum of One Thousand Dollars to the HODGSON INSTITUTE in the same village.

LASTLY. I hereby nominate William Neyle Habersham and William Hunter, both of the City of Savannah, as the Executors of this, my last Will and Testament, and Trustees under the provisions of the same.

In witness whereof I do hereby and hereto set my hand and seal this First day of June, in the year Eighteen Hundred and Seventy-five.

MARY TELFAIR.

Signed, sealed, declared and published by MARY TELFAIR, the Testatrix, as, and for her last Will and Testament, in our presence, who in her presence and at her request, and in the presence of each other, have subscribed the same as attesting witnesses, (the word “not” being erased and written again in nineteenth clause,) fifteen pages of writing, the seventh page being blank.
A. R. LAWTON,
JAS. B. REID,
WILLIAM J. Marshall.
Savannah, Mary 29, 1874.

Memorandum of Silver Plate, to be divided as herein set forth among my friends named, and to be taken as part of my last Will and Testament.

I give to Mrs. Mary Harrison, wife of the Rev’d W. H. Harrison of Newark, New Jersey, a plain silver Tea Set, consisting of a Tea-Pot, Milk-Pot, Sugar-Dish and Bowl, marked W. G., also, a pair of small Wrought Silver waiters without any initials upon them.

I give to Mrs. Mary DeRenne, wife of G. W. J. DeRenne, of Savannah, an ancient carved Coffee Pot, of Silver, also a Silver Tureen and a pair of carved Oyster Dishes, with covers to them, also a small carved Cake Basket.

I give to Mrs. Francis Chrystie, of Hastings, on the Hudson, State of New York, a large Silver Cake Basket, with a handle across the top, marked TELFAIR, also, two plain Silver Dishes, for vegetables, with covers to them, without a mark.

I give to Mrs. Matilda Tillotson, of New York, a dozen dessert Silver Knives and Forks, and one dozen Silver Table Spoons, marked M. T., also, a Silver Saucepan with a cover to it.

I give to Mrs. Sarah H. Kollock, a Silver Chocolate Pitcher, with a top to it.

I give to Mrs. Mary Elliott, of Savannah, Orleans Square, one large Silver Cake Knife.

I give to the Rev’d Telfair Hodgson, one dozen Tea Spoons, marked with the HODGSON crest, a bird, on the handle of each spoon. I also give to him a gold watch, worn by his uncle William B. Hodgson.

The remainder of my Silver-plate, not hereinbefore named, I give to Mary E. Thompson, for and during her natural life, and after her death, to her niece, Margaret Ewing Ritchie.

In presence of-In duplicate.
A. R. LAWTON,
WILLIAM J. MARSHALL,
JOHN S. COBURN,
ORDINARY’S OFFICE,
Chatham County, State of Georgia.

I, Ordinary of Chatham County, State of Georgia, do hereby certify the foregoing instrument to be a true and faithful copy of the last Will and Testament, and “Attested Memorandum” thereto, of MARY TELFAIR, late of said County and State, decreased, as appears, reference being had to the original on file and of record in this office.
In witness whereof I have hereunto set my official signature and attached the Seal of the Court of Oridinary, at the City of Savannah, County and State aforesaid,
this June 9th, A. D. 1875.
O.C.C.