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State of Georgia County of Wilcox
In the name of God Amen, I Charity Ball being of sound and
disposing mind and memory do make this my last will and testament.
Art 1st After Burial expenses and the
liquidation of all my just debts I will and bequeath to my beloved niece Sarah
Land all the notes held by me at the my death against James Land (her husband).
Art 2nd I will and bequeath to my beloved niece
Celia Odom in some kind of property to be agreed upon between her and the
Executor (price) amount of Fifty dollars.
Art 3rd I will and bequeath to my beloved niece
Eliza Gibbs and her children all the property that remains of my property both
real and personal after setting apart what is Called in Art 1st and
Art 2nd to her Said Eliza Gibbs and her children with all the rights
titles appertanent as held by myself while living in Warranty and fee simple.
Art 4th I hereby Constitute elect and appoint
my trusted friend and Neighbor A.B. Cain my Executor of this my last will and
testament this 28th day of May 1892.
Charity Ball (her mark)
Signed and declared and published by Charity Ball as her
last will and testament in the presence of us the subscribing who subscribed our
names hereto in the presence of said testatrix and at her instance and request
and of each other she signed in our presence and we signed in her presence.
Witnesses
W.M. Gibbs
G.W. Young
G.W. Williams
Codicil to above will:
In Article 2nd I revoke the bequest to my
beloved niece Celia Odom who is now dead and will to my beloved niece Eliza
Gibbs and her Children what I intended for Celia Odom to have had. This I
request my executor A.B. Cain to see executed in accordance to this Codicil this
31st day of March 1902.
Charity Ball (her mark)
This Codicil was signed declared and published by Charity
Ball as her last will and testament in the presence of us the subscribers who
subscribed our names hereto in the presence of the testatrix and her instance
and request and she said testatrix signed in our presence and we signed in her
presence and in presence of each other.
Witnesses
D.E. Smithart
Lizzie Smithart
M.A. Cain
Georgia Wilcox County
Before me personally appeared Mrs. M.A. Cain named as a
witness to the codicil to the within writing purporting to be the last will and
testament of Charity Ball and who being duly sworn deposed and says that She
with D.E. Smithart and Lizzie Smithart did on the 31st day of March
1902 attest as a Witness the Codicil to the last Will and Testament a part of
the within writing in the presence of the said Charity Ball who in this presence
is Voluntary signed and published said Codicil as a part of her last will and
testament and that the said Charity Ball was at the time of said attestation and
signing of Sound and disposing mind and memory.
Sworn to and subscribed before
me M.A. Cain
5th day of January 1907
J.M Warren Ordinary Wilcox County
Georgia Wilcox County
Before me personally appeared W.M. Gibbs named as a witness
to the codicil to the within writing purporting to be the last will and
testament of Charity Ball and who being duly sworn deposed and says that he with
George W. Young and George Williams did on the 31st day of March 1902
attest as a Witness the Codicil to the last Will and Testament a part of the
within writing in the presence of the said Charity Ball who in this presence is
Voluntary signed and published the same as her last will and that the said
Charity Ball was at the time of Sound and disposing mind and memory.
Sworn to and subscribed before
me W. M. Gibbs
7th day of January 1907
J.M Warren Ordinary Wilcox County
Georgia Wilcox County
To the Honorable J.M. Warren Ordinary of the said County
The petition of A.B. Cain a resident of said state shows that Charity Ball late
of said County died on the (blank) day of (blank) 1906 leaving a last will and
testament owning real and personal property in Said State amounting in value to
the probable sum of (blank) dollars. Petitioners herewith presents the last will
and testament of said deceased and shows that he is named therein as executor
wherefore he prays leave to prove said will in Common form and that letters
testamentary to issue to him.
A.B. Cain
In Re
The Will of Charity Ball Wilcox
Court of Ordinary Jan Twenty 1907
The petition of A.B. Cain praying proof in Common form of
the will of Charity Ball and further praying the issuance of letters
testamentary of the petitioner being sufficient by the affidavits of W.M. Gibbs,
one of the witnesses to said will and M.A. Cain one of the witnesses to the
Codicil to said will and the contents of said will appearing to be true it is
now ordered the Same be recorded having been duly proved in Common form. Let
Letter testamentary issue to him upon his taking the usual oath of office this 7th
day of January 1907.
J.M. Warren
Ordinary Wilcox County
Source: Will Book 1858-1957
Film No. 271348
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