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Last Will
and Testament
Mrs. Mary
A. Mitchell
Georgia
Wilcox County
I, Mary
Adell Mitchell, resident in said County, being of sound mind and memory,
having in mind the uncertainty of life and the certainty of death, do
make declare and publish this my last will and testament.
Item First:
It is my
will and desire that after my death my body shall be buried in a decent
and proper manner and that a suitable monument be erected over my grave;
and I desire that my body be buried at Cedar Creek Church. The expense
of such burial and monument is not to exceed the sum of three hundred
dollars.
Item
Second:
It is my
will and desire that all of my just debts, if any, and all legal charges
of every character against me at the time of my death shall be paid by
my executor hereinafter named as soon after my death as possible without
loss to my estate.
Item Third:
I give
devise and bequeath to my daughter Bell Martin one seventh of all
property both real and personal of which I may die seized and possessed,
after the payment of all legal charges against my estate: and in the
event the said Belle Martin should die before I die then her share is
to be given to her lawful heirs.
Item
Fourth:
I give
devise and bequeath to my daughter Adell Cook one seventh of all
property both real and personal of which I may die seized and possessed,
after the payment of all legal charges against my estate: and in the
event the said Adell Cook should die before I die then her share is to
be given to her lawful heirs
Item Fifth:
I give
devise and bequeath to my daughter Nettie Adams one seventh of all
property both real and personal of which I may die seized and possessed,
after the payment of all legal charges against my estate: and in the
event the said Nettie Adams should die before I die then her share is
to be given to her lawful heirs.
Item Sixth:
I give
devise and bequeath to my daughter Dora Colley one seventh of all
property both real and personal of which I may die seized and possessed,
after the payment of all legal charges against my estate: and in the
event the said Dora Colley should die before I die then her share is to
be given to her lawful heirs.
Item
Seventh:
I give
devise and bequeath to my daughter Fannie Johnson one seventh of all
property both real and personal of which I may die seized and possessed,
after the payment of all legal charges against my estate: and in the
event the said Fannie Johnson should die before I die then her share is
to be given to her lawful heirs. In the event that said Fannie Johnson
should die before I die, leaving no descendants or descendant, I
contemplate that her husband will be her sole heir under the provisions
of this will whether contained in this item or other item or items
hereof.
Item
Eighth:
It is my
will and desire that my son John J. Mitchell shall have one seventh of
all property both real and personal of which I may die seized and
possessed, after the payment of all legal charges against my estate;
conditioned however as follows: I estimate that said John J. Mitchell is
indebted to me at the time of the date of this will in the sum of
thirteen hundred dollars including interest, and the said John J.
Mitchell shall not be allowed to share in my said estate until he shall
pay over to me or to my executor hereinafter named the said sum of
thirteen hundred dollars, and this shall be whether the estimate I have
herein made as to the indebtedness of the said John J. Mitchell to me is
in fact correct or not. If any payment on this debt shall be made to me
during my life, the same shall be a credit on said indebtedness under
this will provided I enter the amount of such credit on this will and
sign such credit thereon. The said debt or charge of thirteen hundred
dollars shall bear interest at 8% per annum from the date of this will.
In the event that the said John J. Mitchell shall fail to comply with
the conditions here named within six months from the date of the probate
of this will, then he shall have no further interest in any of my
property and his said seventh interest shall be divided among the other
legatees of this will and be counted into the items herein wherein each
of said legatees has been hereinbefore bequeathed a one seventh
interest, and shall be added to the bequeath of each of said legatees
hereinbefore made under the exact terms that the said seventh interest
was given and Stephen J. Mitchell shall share in such reversion provided
he complies with the conditions named in the following bequest to him.
In the event that said John J. Mitchell shall die before I die, it is my
will and desire that the seventh interest conditionally herein
bequeathed to him shall upon the same conditions to any child or
children which he may leave surviving him, and if he leaves no surviving
child, then his said seventh interest in my estate shall be divided
among the other legatees as provided hereinbefore in this item of my
will.
Item Ninth:
It is my
will and desire that my son Stephen J. Mitchell shall have one seventh
of all my property both real and personal of which I may die seized and
possessed after the payment of all legal charges against my estate
conditioned however as follows. I estimate that said Stephen J. Mitchell
is indebted to me upon the date of this will in the sum of eight hundred
dollars including interest and the said Stephen J. Mitchell shall not be
allowed to share in my estate until he shall pay over to me or to my
executor hereinafter named, the said sum of eight hundred dollars and
this shall be whether the estimate I have herein made as to the
indebtedness of said Stephen J. Mitchell to me is in fact correct or
not. If any payment on this debt shall be made to me during my life, the
same shall be a credit on said indebtedness under this will provided I
enter the amount of such credit on this will and sign such credit
hereon. The said debt or charge of eight hundred dollars shall bear
interest at 8% per annum from the date of this will. In the event that
the said Stephen J. Mitchell shall fail to comply with the conditions
herein named within six months from the date of the probate of this
will, then he shall have no further interest in any of my property, and
his said seventh interest shall be divided among the other legatees of
this will and be counted into the items wherein each of the said
legatees has been hereinbefore bequeathed to each of said legatees
hereinbefore made under the exact terms that the said seventh interest
was given: and said John J. Mitchell shall share in such reversion
provided he complies with the conditions named in item eighth of this
will. In the event said Stephen J. Mitchell shall die before I die, it
is my will and desire that the seventh interest conditionally herein
bequeathed to him shall upon he same conditions go to this legal heirs.
Item Tenth:
In the
event that said John J. Mitchell and his legal heirs shall fail to
comply with the conditions named in item eighth of this will as provided
therein, the interest of the said John J. Mitchell shall be divided
among the other legatees on the same terms and conditions that I have
hereinbefore affixed to the devise of the said seventh interest to each
of them: and in the event that said Stephen J. Mitchell and his legal
heirs shall fail to comply with the conditions named in item ninth of
this will as provided therein the interest of the said Stephen J.
Mitchell shall be divided among the other legatees on the same terms and
conditions that I have hereinbefore affixed to the devise of the seventh
interest to each of them.
Item
Eleven:
I hereby
appoint E.F. Martin executor of this my last will and testament: he
shall make an inventory of my estate to be filed with the Ordinary, and
shall make returns of all sales made by him, and all annual and other
returns as are required of administrators, and he shall give bond as
administrators do, the amount of such bond however is herein fixed at
six thousand dollars; He is authorized to sell any part of all of my
property for the purpose of payment of debts and for division among the
legatees according to the terms of this will and he may make such sales
without any order from the Court of Ordinary and such sales may be
public or private in the discretion: he may sell, if he deem it best on
time taking care however that the extension of time to purchasers shall
not delay beyond a reasonable time the complete winding up of my estate;
and the said executor shall have the same compensation as is provided by
law for like services by administrators. It is my wish that promptly
after my death my said executor shall present for probate and have
probated this my last will and testament: and that if he make any sales
on time or partly on time the time payments shall be so fixed that if
paid promptly; the estate may be completely wound up and distributed
within one year from the date of the probate of the said will.
In
conclusion I state as facts that I am now enjoying a fair share of good
health; and am not conscious of any physical infirmity except such as
are incident to persons of my age: that my mind is clear: that I myself
have determined without suggestion the disposition that I desire made of
my property, that I have carefully considered the terms of the foregoing
will the will itself being read over to me by my attorney Hal Lawson,
and that it is my true will and testament.
This page
and the foregoing four pages numbers from one to five and each page
having on the margin thereof my signature as an identification
constitutes my last will and testament.
This May 12th,
1916
Mary Adell
Mitchell
Signed,
sealed declared and published by Mary Adell Mitchell 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, she signing in our presence and we in hers.
This May 12th,
1916
E.S.
Hamilton
G.B.
Parrott
Wright
Mixon
Georgia,
Wilcox County.
To the Hon.
J.M. Warren, Ordinary of said County.
1. The
petition of E.F. Martin, a resident of Wilcox County State of Georgia,
shows that Mary Adell Mitchell, late of Wilcox County, died in said
County on the 21st day of April 1927, leaving real and
personal property therein after having made and published her last will
and testament in which your petitioner is designated as the executor
thereof.
2.
Petitioner herewith presents said last will land testament of said
deceased.
3.
Petitioner shows that the following named persons are the heirs and all
the heirs of the said deceased to wit: (1) J.J. Mitchell, a son who
resides in Wilcox County, Ga. And whose post office address is Pineview,
Ga. (2) S. J. Mitchell a son who resides in Chatham County, Ga. And
whose post office address is Savannah, Ga. Care of Central of Georgia
Railway, Shops (3) Mrs. Fannie Johnson, a daughter who resides in Horry
County S.C. and her post office address is Conway, S.C. R. #2, (4) Adell
Cook, a daughter who resides in Wilcox County, Ga., and who post office
address is Rochelle, Ga, R.F.D. No. 2 (5) Nettie Adams, a daughter who
resides in Wilcox County, Ga., and whose post office address is
Rochelle, Ga., R.F. D. No. 5 (6) Belle Martin a daughter who resides in
Wilcox County, Ga., and who post office address is Rochelle, Ga. R.F.D.
No. 5.
All the
above named heirs are of full age: and in addition thereto there are
three minors: who are the children of Dora Colley, a daughter who died
prior to the death of her mother, the said Mary Adell Mitchell. Theses
minors the only children of the said Dora Colley, reside with the
father, H.V. Colley in Dougherty County, Ga. and his post office address
is Albany, Ga., 412 W. 8th Street. These minors are Buren
Colley, a boy about 16 years of age, Mitchell Colley, a boy about 12
years of age and Lenora Colley, a girl about 9 years of age.
4.
Petitioner prays leave to prove the said will of the said Mary Adell
Mitchell in solemn form and to that end that each of the above
designated heirs at law of the said deceased be cited to appear at the
next term of the Court of Ordinary for the said County to be held on
the1st Monday in June, 1927, and show cause if any they have, why said
will should not be proven in solemn form and admitted to record as the
last will and testament of the said Mary Adell Mitchell and why letters
testamentary should not issue to E.P. Martin, your petitioner according
to the statute in such case made and provided.
E.F. Martin
Petitioner
Hal Lawson
Petitioners
Attorney
The
petition of E.F. Martin, the nominated executor of Mary Adell Mitchell,
late of Wilcox County, deceased, praying for the probate of the will of
the said testate in solemn form having been presented and considered, it
is ordered that the heirs at law named in the said petition and who
reside within the State of Georgia, be served with a copy of the said
petition and this order at least 10 days before the next term of this
court and to this end it is ordered that second originals do issue as
appears necessary and let Fannie Johnson, non resident of the state of
Georgia be served by publication of citation once a week for four weeks
immediately proceeding the time herein set for the hearing in the
Abbeville Chronicle, a newspaper published in the State and County
aforesaid in which the Sheriff’s advertisements are published. And let
all defendants named show cause, if any they can before the Court of
Ordinary of Wilcox County, Ga., on the first Monday in June 1927, why
the prayers of said petition should not be allowed and said will proven
in solemn form as prayed.
J.M. Warren
Ordinary
Wilcox County
Court of
Ordinary of Wilcox County, Ga.
Petition
for probate of will in solemn form
In re: Mary
Adell Mitchell
Deceased
To: J.J.
Mitchell, S.J. Mitchell, Fannie Johnson, Adell Cook, Nettie Adams,
Bettie Martin, Buren Colley, Mitchell Colley, and Lenora Colley heirs at
law.
E.F.
Martin, having applied as executor for probate in solemn form of the
last will and testament of Mary Adell Mitchell late of Wilcox County,
Ga., deceased, you and said each of you as the heirs at law of said Mary
Adell Mitchell are hereby required to be and appear at the Court of
Ordinary for said County on the 1st Monday in June 1927, when
said application for probate will be heard and show cause if any you
have or can, why the prayer of the said petition should not be granted.
This 2nd day of May 1927.
Pertaining
to will of Mrs. Mary Adell Mitchell
Georgia
Chatham County:
I have this
day served the defendant S.J. Mitchell personally with a copy of the
within petition, order citation, and copy of interrogatories and notice
thereon. This 7th day May, 1927.
J.L. Wilder
Dep.
Sheriff Chatham County Ga.
Georgia
Dougherty County,
I have this
day served Buren Colley, Mitchell Colley, and Lenora Colley each
personally with a copy of interrogatories and notice thereon. This 9 day
May, 1927.
O.F. Tarver
Sheriff
Dougherty County Ga.
J.M. Warren
Ordinary,
ex officio Clerk of the Court
Of
Ordinary, of Wilcox County, Ga.
In re: Mary
Adell Mitchell, Deceased
Petition
for probate of will in solemn form
Court of
Ordinary, Wilcox County, Ga.
It
appearing in the above styled case that Buren Colley, Mitchell Colley,
and Lenora Colley, are minors and that they have no regular guardian,
and that they each have been personally served by the Sheriff with the
petition and order of Citation and Citation: It is therefore ordered by
the court that Wright Mixon be and is hereby appointed guardian ad
litem, to represent said minors in this litigation. This 4th
day of July 1927.
J.M.
Warren, Ordinary
Georgia,
Wilcox County
Having been
appointed guardian ad litem to represent Buren Colley, Mitchell Colley,
and Lenora Colley, minors in the above styled and foregoing petition for
probate in solemn form of the last will and testament of Mary Adell
Mitchell deceased in said court, I herby accept said appointment and I
agree to represent said minors in said proceedings and waive all further
service or notice. This 4th day of July 1927.
Wright
Mixon
In Re: Mary
Adell Mitchell
Deceased
Court of
Ordinary Petition for Probate of Will in Solemn Form
Georgia
Wilcox County
The above
case coming in regularly to be heard and it appearing that all parties
at interest residents of this state to wit: J. J. Mitchell, S.J.
Mitchell, Adell Cook, Nettie Adams, and Bell Martin, adults and Buren
Colley, Mitchell Colley and Lenora Colley, minors, for whom guardian ad
litem has been duly appointed, have all been duly served as provided by
law with legal notice of said application and the time of hearing, 10
days before this term of court to which said notice required them to
appear; and it further appearing that Mrs. Fannie Johnson, a party at
interest and non-resident of this State, was duly served by publication
of citation once a week for four weeks in the Abbeville Chronicle, a
newspaper in which the Sheriffs advertisements are published for said
County and it appearing that those thus served constitute all of the
heirs at law of the said Mary Adell Mitchell.
And it
further appearing to the satisfaction of this court by the testimony of
E.S. Hamilton and Wright Mixon, subscribing witnesses the other
subscribing witness, G.B. Parrott, being dead, that the paper offered
for probate is the last will and testament of Mary Adell Mitchell as
alleged by the propounder and that said Mary Adell Mitchell the
testator, was of sound mind and disposing memory at the time she signed
and executed the said will, and no legal and sufficient cause being
shown why said paper should not proven and admitted to record as the
last will and testament of said deceased as prayed.
It is
therefore ordered and adjudged by the court that the same be set up and
established as the last will and testament of the said deceased and be
admitted to record as such and it is further ordered that letters
testamentary do issue to E.F. Martin, the executor named in said will
upon his giving bond taking the oath required by law. This 4th
day of July 1927.
J.M.
Warren,
Ordinary
Georgia
Wilcox County:
I, E.F.
Martin do solemnly swear that this writing contains the true last will
and testament of the within named Mary A. Mitchell, so far as I know and
believe, and that I will well and truly execute the same in accordance
with the laws of the State. So help me, God.
E.F. Martin
Sworn to
and subscribed before me
This 4th
day of July, 1927
J.M. Warren
Ordinary
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