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Last Will
and Testament
Mary Wilcox
State of
Georgia
Montgomery
County
I, Mary
Wilcox of the County of Wilcox and state of Georgia being of sound and
disposing mind and memory do make this my last will land testament this
third day of July 1899.
Item 1st
I want my
medical bills with Dr. A.R. Royal and Dr. R.A. Trammell burial expenses
and all debts that I am legally owing at my death paid first.
Item 2nd
I give
bequeath and devise to my Children Williard, Mattie, Noah, Mary F., Ada
R., Benjamin F. Jr. and Fort (?) G. Wilcox all of my personal property
to wit One buggy one two horse wagon two horses fifteen heads of stocks
hogs farming utensils housed and kitchen furniture and also all my real
estate as follows.
Two hundred
and eighty acres of land more or less from lot of lands number 245 in
the 3rd dist. Y.M. of Wilcox County also seventy acres of
land from lot of land number 236 in the 3rd dist YM of Wilcox
County Georgia also whatever interest I may have in the disputed lot of
land number 266 in the 3rd District YM of Wilcox County the
said lot of land number 266 now being in suit in Wilcox County Georgia.
My wishes are that each one of my children shall share and share alike
in said property mentioned in this item.
Item 3rd
I appoint
my husband Benjamin F. Wilcox the Executor of this my last will and
testament.
Item 4th
I authorize
my said Executor to handle the said property mentioned in this will
without making bond for same under in the Judgment of the Ordinary he
should deem a bond necessary for the protection of the estate I further
authorize my said Executor to handle and manage said estate to he best
interest of my said children in raising educating and maintaining them.
Item 5th
I further
authorize my executor that if it should become necessary to settle off
with any one of my children when they become of age that he is
authorized to do so ascertaining as near as possible each ones interest
at the time of settlement.
Item 6th
It is my
wishes and desire that should it become necessary for executor to use
more than one heirs probate share in this estate in taking care of that
one that he shall do so in otherwords I want my estate for the benefit
of my children and used as the cost of any of them may demand.
Item 7th
If it
should not be necessary to make full Settlement with each heir as they
become of age my executor is hereby authorized to make a full settlement
when the youngest heir becomes of age.
Item 8th
I hereby
authorize my said executor to make any compromise with the estate of D.
Reid late of Wilcox County Ga that he may see best in the suit now
pending on lot of land number 266 in the 3rd Dist YM of
Wilcox County, Georgia.
Mary Wilcox
(L.S.)
Signed
declared and published by Mary Wilcox as her last will and testament in
presents of us the Subscribers who subscribe our names hereto in the
presents of said Testator at her request and of each other she singed in
our presents and we singed in her presents.
Witness
Arthur
Mason
M.G.
Redmond Jr.
Ira T.
McLemore N.P. and Exofficio JP Montgomery Co Ga
Georgia
Montgomery County
Personally
appeared Ira T. McLemore who after being duly sworn deposes and says
that the annexed instrument singed by Mary Wilcox in the presents of and
attested by Arthur Mason, MG. Redmond and Ira T. McLemore N.P. Exofficio
J P of Montgomery County Georgia was in fact singed by the said Mary
Wilcox voluntary and in the presents of eh said witnesses named and at
the time of signing the same the said Mary Wilcox was of sound and
disposing mind. Affiant makes this affidavid for the purpose of
admitting the said will to probate.
Ira T.
McLemore
Sworn to
and Subscribed before me
This the 6th
ay of June 1904
Alex
McArthur
Ordinary
Montgomery County Ga
Montgomery
County Court of Ordinary
Ira T.
McLemore having appeared before me and being duly sworn having made
proof of the Execution by Mary Wilcox of her last will and testament by
Afidavid of said subscribing witness attached to said original will and
it appearing that the said Mary Wilcox signed sealed and published and
declared the said instrument to be her last will and testament in the
presence of aid three subscribing witnesses who signed the same as such
Witnesses in the presence of said Mary Wilcox and of each other. It is
thereupon ordered that said Will be and it is hereby admitted to probate
in Common form. And it appearing that at the time of the death of said
Mary Wilcox she was a resident of the County of Wilcox but was
temporarily in the County of Montgomery and the said will having been
executed in Montgomery County and the Witnesses thereto being in
Montgomery County it is therefore ordered that the said Original will
with the said affidavids and this order be transmitted under the seal of
the Ordinary of Montgomery County to the Court of Ordinary of Wilcox
County as provided in Section 3280 of the Code of Georgia.
Witness my
hand and seal this the 6th day of June 1904
Alex
McArthur
Ordinary
Montgomery County
Georgia
Montgomery County
I Alex
McArthur Ordinary of Montgomery County and exofficio Clerk of the Court
of Ordinary do Certify that the Will hereto annexed is the original will
of Mary Wilcox which was probated in Common form in the County of
Ordinary of Montgomery County on the annexed affidavid of Ira T.
McLemore one of the subscribing witnesses to said Will and this
certificate is made for the purpose of transmitting said Will and the
proceedings thereon to the Court of Ordinary of Wilcox County as
provided in Section 3280 of the Code of Georgia.
I further
Certify that I have no Clerk and have affixed my own Clerk.
Witness my
hand and seal this 6th day of June 1904
Alex
McArthur
Ordinary
Montgomery County Ga
Exofficio
Clerk of the County Court
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