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Last Will and Testament
Mr. and Mrs. M. W. Mitchell
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)

 

Source: Will Book 1858-1957 Page 148 -149

Film No. 271348

transcribed by Janet Moore
to provide free research
to Wilcox County families.
 
 

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