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Last Will
and Testament
Celia E.
Fuller
Georgia,
Wilcox County
I, Celia E.
Fuller, a resident of said county desiring to make disposition of the
property owned by me, and having in mind the uncertainty of life and the
certainty of death, do make declare and publish this my last will and
testament.
Item No. 1.
It is my desire that my body be given Christian burial suitable to my
condition and estate and that all my just debts be paid in full.
Item No. 2.
The home place owned and occupied by me consists of a farm of about 230
acres which was given to me by my father Drury Reid, the deed being
dated July 6th 1877, and recorded in the office of the Clerk of the
Superior Court of Wilcox County, Georgia, in book of Deed & page 412:
the land consists of the West side of lot No. 17 in the 1st
District of Wilcox County, Georgia, having such metes and bounds as are
set forth in the above described deed to which reference is made for a
more particular description of the land. On this land is the house in
which I have lived for many years and to which I have a special and
peculiar attachment not only because it has been my home for so many
years but also because the land was given to me by my father. Now it is
my will and desire that my executor hereinafter named shall, as soon as
it is convenient to do, lay off on said farm a tract of 25 acres in the
form of a square, and the center of said square shall be the center of
the house in which I live on said land; the boundary lines of said
square shall be parallel with the corresponding boundary lines of the
said farm on its North, South and West lines and the East boundary line
of said square shall be parallel with the West boundary line of the said
farm. This tract of 25 acres will include the house in which I live, the
store house in which a merchantile business has been conducted by me,
and the greater part of the improvement on the said farm; The balance of
said farm after said 25 acre tract is laid off shall be divided into ten
parts of equal value. It is my will and desire that after my death and
at as earlier a date as may be convenient these ten tracts shall be laid
off and marked with necessary markers to show the location of each of
said tracts by my sons, Thomas D. Fuller, George R. Fuller, and Drew C.
Fuller, or if any of them fail or refuse to act, by the remaining ones.
This division of my said farm will therefore make 11 tracts of land to
wit: the 10 tracts of equal value and the one tract containing 25 acres
as aforesaid.
Item No. 3.
It is my will and desire that my executor hereinafter named shall take
charge of all property both real and personal of which I may died
possessed and shall collect the insurance policies upon my life: and he
is authorized and directed to operate both the store and farm that I own
until all of my debts shall be paid in full, and all the expenses of the
administration and of the operation of the business and all claims and
charges of every character against my estate. For this purpose he is
empowered to purchase other goods from time to time for sale in the
store using his own judgment in such purchases and is also authorized to
make such purchases and is also authorized to make such contracts, make
such purchases and assume such obligations as may, in his judgment, be
necessary or advisable in the operation of my farm during the time that
the said mercantile business and said farm are being operated under this
provision it is my will that all proceeds of both store and farm over
and above operating expenses thereon shall be used by my executor in the
payment of my debts, and among such debts there is included a promissory
note that I have given to my son Albert A. Fuller for the sum of
$2315.24 dated the 27th day of January, 1927 and due the 17th
day of January 1928. This note being given for money that I am justly
due to my said son. The possession of my executor of the said business
and of all my property shall be full and exclusive until all items of
debts and charges of every character against my estate shall have been
paid in full and until my estate is free from any debt or charge
whatever against it: he shall have the same full and exclusive
possession of all my personal property of every character for the same
purpose.
Item No. 4.
There are certain life insurance policies upon my life which are payable
to my estate, and it is my will and desire that my executor after
collecting the said life insurance policies shall use the money derived
therefrom in payment as far as may be of the amount due by me to George
N. Matthews, Jr. who holds a security deed upon said farm, and if at the
time of my death said indebtedness to said George N. Matthews, Jr. shall
have been paid in full or reduced to such amount that the insurance
money aforesaid will pay off it in full and leave a balance, it is my
will and desire that there shall be next paid from the said insurance
money the promissory note, hereinbefore referred to of my son, Albert A.
Fuller, in whole or in part.
Item No. 5.
The 25 acres tract aforesaid, my mercantile business aforesaid, all live
stock of every character, including mules, cattle, hogs and poultry, all
machinery and farm tools and all the household and kitchen furniture,
musical instruments, pictures, books and other like personal property
and my Ford automobile shall together constitute a unit to be devoted to
the following purposes to wit: After my executor shall have paid all
debts and charges of every character against my estate as set forth in
item two aforesaid, the said property as a unit shall be kept together
as a home for the use of any and all my children who may desire to use
it jointly, either for a long or short period, to live in or stay at;
and it shall be under the direction and control of my executor until all
of my ten children are dead. For these purposes I give the said property
subject to said limitations to all my children equally for and during
their natural lives, provided that on the death of any of my said
children, his or her share in said life estate in the said 25 acres
tract with the personal property used with it as aforesaid, shall go to
and belong to the survivors or survivor among my said children. This
life estate will terminate at the death of the last one of my children
and the remainder interest in the 25 acres tract and the said personal
property used with it shall be and is hereby vested in the heirs of each
of my said children, the heirs of each of my children to stand in the
place of such children.
Item No. 6.
My executor is given full power to manage the said 25 acre tract and the
personal property used therewith and in his discretion he may from time
to time sell any portion of such personal property and purchase other
personal property for the rest of the said tract of land for the purpose
for which it is designed: my object is that the said tract as a unit
with the personal property aforesaid shall be by my executor effectively
kept together for the use of my ten children until the last one of said
ten children is dead.
Item No. 7.
After my executor shall have paid all debts and other charges against my
estate and the operating expenses as hereinbefore provided, then the ten
tracts of land of equal value shall be partitioned to my said children
in the following manner: my executor shall mark ten strips of paper with
the number from one to ten inclusive, each strip having one number, and
he shall mark and designate the ten parcels of land with the numbers
from one to ten; each of my ten children shall then be allowed to draw
from the said ten strips of paper so numbered as aforesaid and without
having knowledge of the number written on the said strips, one strip,
and thereupon will receive the corresponding number on the said ten
tract the last remaining number will be assigned to the executor
himself, he being one of my children. Should any of my children die
before such drawing as aforesaid his or her heirs shall draw in lieu and
in place of the deceased. When such drawing has thus been had the part
drawn shall belong to he child who drew it for and during his or her
natural life with remainder over to his or her heirs; provided however
that no life estate in any of said tracts shall be sold by the holder
thereof to any person other than some other or others of my surviving
children: and in the event of such sale the price to be paid shall be
such price as shall be agreed upon by the parties thereto, or upon their
failure to so agree, then each of the parties to the contract of sale
shall select n arbitrator and such two arbitrators shall decide what
price is fair and reasonable, which shall then be fixed as the price for
which said tract shall be sold; and on failure of said two arbitrators
to agree upon a price they shall select a third arbitrator and two of
the three shall fix a price; provided of course that only the life
estate will pass by such sale, the remainder being vested as
hereinbefore set forth.
Item No. 8.
I hereby appoint as my executor my son Albert A. Fuller and desire that
he be not required to give bond and that he be relieved of making
returns of any character as executor to the Ordinary; and my executor
shall be authorized to make such sales of personal property as in his
judgment may be advisable for carrying out the scheme and purpose of
this will without an order of any court, either before or after such
sales. If for any reason there shall at any time be no executor then it
is my desire that and administrator cum testimento annexo shall be
appointed by the Ordinary of said County and such administrator shall be
vested with the same powers as are herein given my executor, save on
that he shall give bond and that he shall make returns of his acts and
doings as executor to the Ordinary.
Item No. 9.
I especially enjoin upon my children that they abide by the terms of
this my will and I have hope and confidence that they will do so. I feel
sure of their love and affection to me. But if any of my children shall
undertake by any caveat to the probate of my will or by any act of
adverse litigation to my estate either to break this will, in whole or
in part, or to hamper the carrying out of the scheme or plan which I
have herein outlined, then it is my will and desire that such child
shall inherit nothing under this will and that the other children under
the same limitation hereinbefore set forth shall receive the property
which would otherwise have gone to such contesting child or children.
This 28th
day of January, 1927.
Celia E.
Fuller (Seal)
Signed,
sealed, declared and published by Celia E. Fuller as her last will and
testament, in the presence of us, the undersigned who subscribe our
names hereto in the presence of said testator after she had signed her
name thereto, and at her special instance and request, and in the
presence of each other.
This 28th
day of January 1927.
L.A. Hunter
T.F.
Roberts
Perry
Fitzgerald
Georgia
Wilcox County
To the
Honorable J.M. Warren Ordinary of said County
The
petition of Albert A. Fuller a resident of said State, shows that Celia
E. Fuller late of said county, died testate on the 18th day
of May 1927 after having made her last will and testament in which
petitioner is named as executor. Petitioner produces said will in Court
and prays that the same may be admitted to record upon proof thereof in
common form and that letters testamentary do issue to him according to
the statute in such case made and provided.
Albert A.
Fuller
This 6th
day of June 1927
J.M.
Warren, Ordinary
Affidavit
of Subscribing Witnesses
Georgia
Wilcox County,
Before me,
the undersigned Ordinary of said County, came L.A. Hunter who name
appears as a subscribing witness to the within writing purporting to be
the last will and testament of Celia E. Fuller who on oath says that he,
together with T.F. Roberts and Perry Fitzgerald on the 28th
day of Jany 1927 subscribed the said will as a witness thereto, at the
special instance and request of the said Celia E. fuller the testator
therein, and in her presence and in the presence of each other as did
also the said L.A. Hunter, T.F. Roberts and Perry Fitzgerald after he
(sic) the said testator, had signed his (sic) name thereto. That the
said Celia E. Fuller in their presence freely and voluntarily signed and
published the same as her last will and testament, and at the time of
said signing and attestation, she was of sound and disposing mind and
memory.
L.A. Hunter
Sworn to
and subscribed before me this 6th day of June 1927.
J.M. Warren
Ordinary
J.M. Warren
Ordinary
Order of
Probate in Common Form
In Re:
Celia E. Fuller Probate of will in common form
The
foregoing petition of Albert A. Fuller praying in common form of the
will of Celia E. Fuller deceased, and further praying that letters
testamentary do issue to him being supported by the affidavit annexed
thereto of L.A. Hunter one of the witnesses of the said will and the
contents of said petition appearing to be true, it is ordered by the
court that said will be admitted to record as satisfactory proven in
common form.
Let letters
testamentary issue to the said Albert A. Fuller the executor named in
said will, upon his taking and subscribing the usual oath of office.
This 6th
day of June 1927.
J.M.
Warren, Ordinary
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