State of Georgia, Cass County.

I Robert Rogers of the State and county aforesaid, being of sound mind after considering that I must shortly go the way of all Earth.  Trusting in a happy immortality do make this my last will—revoking all others.  After paying my just debts, I will to my wife Mary Rogers all my land being and lying on the East side of the Road leading from Cassville to Cartersville also the building appertaining to the same.  I also leave my negro man Andy and also my negro girl Lucy and child. Also two horses or mules to be valued at one hundred dollars each.  Also my buggy and harness, three cows and calves, one sow & shoats, two beds, bedsteads and furniture, also the cooking utensils.  I also allow my wife the privilege of getting fire wood off my other land.  I also allow my wife one year’s provision.  The above property to return to my Executors after my wife’s death or marriage & to become subject the same as the balance of the property agreeable to the directions given in the will.

The balance of my land I wish to be rented out and to be kept in good repair out of the proceeds of the rent the balance of the proceeds of the rent after keeping up the farm to be equally divided and after my wife’s death or marriage, I wish my land all to be sold and the proceeds to be divided agreeable to the directions below. I also wish my wife to have one two horse wagon & harness.  I also allow Minas N. M. Rogers one horse worth eighty dollars, one bed, and the things belonging to the same, one cow and calf, one sow and pigs.

The balance of my property I allow to be sold, I allow my negroes, namely Ned, Charlott, Green, Rose and child, and Miles, to choose their own Masters among my children and that they shall be valued by three men chose by my children and also Andy and Lucy shall have the same privilege at their mistresses’ death or marriage.  I also allow my old negro woman Clara to be provided for during her life and her support to come out of my estate.  I now shall proceed to divide my property amongst my children as follows.  I allow an equal division amongst my children, John S. Rogers, James C. Rogers’ children, William P. Rogers, Nancy Wofford, Robert L. Rogers, Martha Murphey, Thomas J. Rogers, Hosea M. Rogers, Jane Williams, Mariah L. Hawkins, Minas M. Rogers.  I allow to my aforesaid four daughters their distributive shares and in case of death to the lawful heirs of their body.

I will to my two daughters Masey (Mary?) Smith and Sarah Freeman the sum of one dollar each to be paid by my Executors.  I allow my Executors to put the money that will be coming to James C. Roger’s children on interest up to the time the youngest is twenty one years old and lay out the interest portion benefit of the children.

If any of my sons should die without lawful issue, the property to be returned to my lawful heirs.  My lime kiln to be rented until the land comes in sale, sold with the land  My two wood lots to be sold when my other land is sold.  I also direct my Executor to put Tomb stones over our children and also over myself and your mother, and pay the expenses out of my estate.
I nominate and appoint my two sons William P. Rogers and Robert L. Rogers my lawful Executors to execute this my last will and testament.  Signed, sealed and acknowledged in presence of these witnesses this 29th day of July 1859.

Robert Rogers [Seal]
J. D. Carpenter
G. L. Upshaw
Thos. A. Word

Probate, Georgia, Bartow County.

Before me Nathan Land Ordinary of said County came on the 5th day of January 1863 at chambers for the purpose of proving the last Will and Testament of Robert Rogers, two of the witnesses of said will Viz J. D. Carpenter and Thomas A. Word and the Will having been before that time brought before me by the Executor Robert L. Rogers, who has filed his petition for the probate of the same in common form, they the said witnesses, depose and say that they saw the testator Robert Rogers sign declare and publish the same as his last Will and Testament on the day and year there state as executed by him, that they witnessed the same at his request in his presence and in presence of each other, and they saw George L. Upshaw sign the same as witness and in presence of the Testator and in presence of us; that said Will was truly and voluntarily executed by him while he was of sound and disposing mind and memory.

J. D. Carpenter
Thos. A. Word
Sworn to and Subscribed before me at chambers this 5th day of January 1863.  Nathan Land, Ordinary.

Oath of Execution

I do solemnly swear this writing contains the true last will and testament of the within named Robert Rogers 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, as far as his goods and chattels will thereunto attend, and the law charge me; and that I will make a true and proper Inventory of all such goods and chattels, so help me God

R. L. Rogers
Sworn to and Subscribed before me in open court this 14th day of January 1863.  Nathan Land, Ordinary
Recorded January 21st 1863
Nathan Land Ordinary