In the name of God, Amen I, Tinsley Powell of the county and state aforesaid being of advanced age, but of sound and disposing mind and memory, deem it right and proper that I should make an equal and just disposition of the property with which I have during my past life been blessed with. I, therefore, make this my last Will and Testament hereby remaking and annulling all others by me hertofore made.
FIRST I desire and direct that my body be buried in a decent and christian like manner suitable to my circumstances and conditions in life.
SECOND I desire and direct that all my just debts be paid as early as practical and also the legal expenses necessary in the establishment and carrying out the true intent of this
my will by my executors herein after named and appointed.
THIRD I give and bequeath to my oldest daughter, Sarah Ann Dyar, widow of Elias Sanders Dyar and my oldest son, Noah T. Powell, to each of them the sum of one dollar to be paid by
said executors ou of my estate. I also direct my executors turn over to my son, Noah T.
Powell all the notes I hold against him which bear date before the 1st day of April, 1865. All notes to be collected if possible for use of said estate.
FOURTH I give and bequeath to my daughters, Milly Dyar, wife of James Dyar, Mary Steifle, wife of James Steifle, Louise J. Partain, wife of James Partain, Mary E. Vickery, wife of Eddy
Vickery and Nancy Matilda Crittendon, wife of William M. Crittendon, to each of them
named in this item the sum of five dollars. These amounts named in this and the third item I consider a sufficiency to equalize the above named seven children with the amounts my younger children are to receive.
FIFTH I give, bequeath and desire to my daughter Patience, the sum of one hundred dollars for sale and separate use free from all liabilities during her natural life and at her death to her
living issue, if none, then to pass to those named in item NINTH.
SIXTH I Give and bequeath and desire to my son, Matthew T. Powell, all that part of a tract of land known as the Quincy Black place lying on the right of the road leading from Hartwell
towards Parkers Store or Mills adjoining Hugh Mclane, J.P. Chambers and other with the
rights, members and appurtenances in manner belonging forever in fee simple.
SEVENTH I give, bequeath and desire to my sons, Lindsey R. Powell and Francis M. Powell the remainder of the land of said Quincy Black place lying on the left of public road leading
from Hartwell towards Parkers Store or Mills to be divided as near as equal a possible as to
quantities and value by my executors with such assistance as they may deem necessary, with all the rights, members and appurtenances in any manner belonging forever in fee simple.
EIGHTH I give, bequeath and desire to my son, John T. Powell and my daughter, Dicey Powell, each one half of the Harriet Sanders tract adjoining lands of Samuel B. Sanders, Nathanel Bowers and others containing one hundred acres more or less to be divided as near as possible as to quantity and value by members and appurtenances in any manner belonging in fee simple.
NINTH I bequeath and desire to my wife, Mary Powell, during her natural life or widowhood of my home place whereas I now live, containing two hundred and thirty acres more or less.
Also such stock of horses or mules, hogs, cattle, farming tools, household and kitchen
furniture, and any other personal property that she may select for the sole use of my wife, Mary and our children, to wit: Patience Powell, Cynthia Powell and Powell yet to be born. The profits, rents issues and increase of the above named property in this item to be expended in the support, maintenance and edcuation of our minor children to wit: JohnT., Lindsey R., Frances M.,Dicey, Cynthia, Patience and Mathew T. Powell, so long as they remain in minority and remain under the control and protection of my wife, Mary, which is my desire they should do and I further desire that as each of the above named sons in this item arrives of age, they and each of them are to be given a horse of their selection from the stock included in this item and each daughter on arriving at majority or marries is to receive one feather bed and one cow and calf of their own selection. Should my said wife, Mary, either die or marry, I desier my executors to sell all of the property mentioned in this item and be equally divided share and share alike between my wife, Mary, Cynthia Powell, Patience Powell, my two daughters and the one yet to be born of said Mary, my wife. Should any or either of the last named children die leaving no issue then I desire the last named survivors to inherit his/her as their part equally including my wife,Mary. The said last named seven children in this item are not to be chargeable for any support maintenance or edcuation but to be paid out ot the rents and profits of said property mentioned in this item, so long as they remain on said homstead.. After selection by my the remaining property besold by my executors.
TENTH I hereby constitute and appoint my friends E. B. Benson and C. A. Nabb Executors of this my last Will and Testament this January 18th 1878.
His Tinsley X Powell Mark
SIGNED SEALED AND DECLARED AND PUBLISHED BY TINSLEY POWELL AS HIS LAST WILL AND TESTAMENT IN THE PRESENCE OF US THE UNDERSIGNED WHO SUBSCRIBE OUR NAMES HERETO IN THE PRESENCE OF SAID TESTATOR AT HIS SPECIAL INSTANCE AND REQUEST AND IN THE PRESENCE OF EACH OTHER THIS JANUARY 18TH 1878.
Allen S. Turner
J. R. Myers
Hardly nine months passed when Tinsley Powell died. His baby daughter had not been born when he made his will. Some sources say she was born after he died. Other sources say her birth was in March of 1878. Tinsley died in September of 1878. The following year 1879, Noah T. Powell contested his fathers will.
Tinsley Powell, with his three wives are buried in the Powell Family Cemetery on Powell Road in Hartwell, Ga. When the homeplace was there, the cemetery was on the property.
Tinsley Powell owned land 'all over Hart County' as quoted by his granddaughter. He gave tracts of land to his children.