Last Will and Testament
Mr. and Mrs. M. W. Mitchell
Note from transcriber: This is Moses W. Mitchell
and his wife Julia McBryant
Georgia
Wilcox County
In the name
of God, Amen. We, M. W. Mitchell and Mrs. M.W. Mitchell each being of
sound mind and memory being husband and wife, and desiring that that the
death of either of us all of the property of every description and kind
owned and possessed at the time of his or her death of such one of us as
a Providence shall first call, shall be and become the absolute property
of the survivor, subject to the legacies herein provided, do make and
publish this our mutual will and testament being the last will and
testament of either of us, herby revoking any and all previous will made
by either of us, and provide and declare as follows:
Item 1: We
each desire that after our death our bodies be buried in decent and
christianlike manner.
Item 2: It
is our will and desire that all the property of every kind and nature
possessed by us at our death, both real and personal, shall be and
become the property of our son John C. Mitchell and our daughter Viola
Brooks share and share alike in said property by an equal division
between them, the property going to the said John C. Mitchell shall be
his in fee simple, and the property going to Viola Brooks to be hers for
and during her natural life and at her death to go to our two
grandchildren, towit: Arthur Adams and Curtis Adams in fee simple.
Item 3: We
remember kindly our daughter Emma Nipper, but she has been amply
provided for and we make no bequest for her.
Item 4: The
said M.W. Mitchell does hereby name and appoint the said Mrs. M.W.
Mitchell his Executor of this his will and testament and authorizes her
to act as such without the giving of any bond, and to sell and dispose
of any and all property at private sale without any order of any court.
Item 5: The
said Mrs. M.W. Mitchell does hereby name and appoint the said M.W.
Mitchell her executor of this her will and testament and authorizes him
to act as such without the giving of any bond and to sell and dispose of
any and all property at private sale without any order of any court.
This
September 25th, 1918
M.W.
Mitchell
Mrs. M.W.
Mitchell (her mark)
Signed
sealed and declared published by M.W. Mitchell and Mrs. M.W. Mitchell as
their last will and testament of each of them in the presence of us the
undersigned who subscribe our names hereto in the presence of each other
and both of said testators after they and each of them signed his and
her names thereto at the special instance of each and both of them and
in the presence of each other. This Sept. 25th, 1918
J.M. Warren
W.J.
Hancock
F.L. Stone
Georgia
Wilcox County
To the
Honorable J.M. Warren Ordinary of said County.
The
petition of Mrs. M.W. Mitchell a resident of said state shows that M.W.
Mitchell late of said county, died testate on the 4th day of
November 1925 after having made his 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 her according to
the stature in such case made and provided.
This the 1st
day of Feby. 1926
Mrs. M.W.
Mitchell (her mark)
Before me,
the undersigned, Wright Mixon Clerk Superior Court of said County, came
J. M. Warren whose name appears as a subscribing witness to the within
writing purporting to be the last will and testament of M.W. Mitchell
who being duly sworn, on oath says that he together with W. J. Hancock
and F. L. Stone on the 25th day of September 1915, subscribed
the said will as a witness thereto, at the special instance and request
of the said M.W. Mitchell, the testator therein, and in his presence and
in the presence of each other, as did also the said W. J. Hancock and
F.L. Stone after, he, the said M.W. Mitchell in their presence freely
and voluntarily signed and published the same as his last will and
testament, and at the time of said signing and attestation, he was of
sound and disposing mind and memory.
J. M.
Warren
Sworn to
and subscribed before me this 1st day of Feb. 1926.
Wright
Mixon C.S.C.
In re:
M.W.
Mitchell
Probate of
will in common form at chambers.
The
foregoing petition of Mrs. M.W. Mitchell praying probate in common form
of the will of M.W. Mitchell deceased, and further praying that letters
testamentary do issue to her being supported by the affidavit annexed
thereto of J.M. Warren one of the witnesses to 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 satisfactorily proven in
common form.
Let Letters
Testamentary Issue to the said Mrs. M.W. Mitchell the executor named in
said will, upon her taking and subscribing the usual oath of office.
This 1st
day of Feby. 1926
J.M. Warren
Ordinary
I, Mrs. M.W.
Mitchell, do solemnly swear that this writing contains the true last
will of the within named M.W. Mitchell deceased, 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.
Feby 1st
1926
Mrs. M.W.
Mitchell (her mark)
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