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Nuncupative Will

Z.W. Benton

 

Nuncupative Will

Z.W. Benton

Note from transcriber: In this will and the related papers Z.W. Benton was also referred to as Z. B. Benton in the statement made by his father A.Y. Benton.

 

Georgia Wilcox County

 

The petition of Mrs. Sarah E. Benton by her attorney J. S. Bankston shows that Z.W. Benton a resident of said county on the 11th day of November 1893 departed this life owning valuable real & personal property in Said State having on the 4th day of Nov. 1893 duly made a nuncupative will which your petitioner claims was made according to law, said will being attached to this petition and marked exhibit “A”. Your petitioner alleges that Said will was reduced to writing within thirty days after the speaking of the same by Z.W. Benton and is now herewith offered for probate within Six months after the death of Z.W. Benton: that the next of kin having a greater interest assigns them as legatees. One Mrs. Mary E. Coble, his sister, and his brothers, Schofield Benton and A.Y. Benton Jr. and A.Y. Benton Sr. and your petitioner desiring to prove said will as other wills are proved in solemn form prays that the usual may issue to said A.Y. Benton and Mrs. Mary E. Coble and that a Guardian ad-litem be appointed for Scofield Benton and A.Y. Benton as minors and that citation issue to him requiring them to be and appear at the January Term 1894 of the court of the Ordinary of said County to hear the proof of said nuncupative will and contest the same if they desire to do so.

Sarah E. Benton

By her Atty. J. S. Bankston

 

Georgia Wilcox County

It appearing to the court in the matter of the probate of the nuncupative will of Z.W. Benton by Sarah E. Benton, that A.Y. Benton and Mrs. Mary E. Coble and S.H.D. Barnes Guardian ad-litem of Schofield Benton and A.Y. Benton as both minors and all heirs at law necessary to be cited, having a greater interest as heirs at law, share as legatees to be duly cited, to be and appear at the regular Term in Jan. 1894, of the court of Ordinary for the County aforesaid and hear the proof of said will, and the contest the same if they desire so to do: that the witnesses required by law, to said will has all proved in open court this day what were present at the making of Said Will: that they were being as present bidden by said Z.W. Benton to hear witness that Such was his will as now presented to this court: that the said will was made in the last sickness of Z.W. Benton in the house of his habitation in said county; and to bring further proof that within thirty days after his speaking of said will of Z.W. Benton the same was reduced to writing here in open court, and marked Exhibit “A” And it appears that the person so cited do offer no valid objection by caveat against said paper, which is now propounded in open court as Z.W. Benton’s last will, it is therefore ordered by the court that the same be admitted to record as Z.W. Benton’s Nuncupative Will, the said witnesses having shown that said will was voluntarily executed by said Z.W. Benton when of sound mind and memory and was executed according to law.

This 1st day of January 1894

Benjamin F. Blasingame

Ordinary

 

Georgia Wilcox County

Personally came A. Y. Benton who on oath says that he was present with Mrs. Sarah E. Benton and Mary Eliza Coble and others at the bedside of Z. B. Benton, the son of A. Y. Benton and Sarah E. Benton, when said Z.B. Benton, my son aged 20 years and six months, and some days. Knowing he was afflicted of consumption or some other incurable disease, and feeling that he was going to die very shortly, expressed himself as follows in Substance, Mama, I want you to have my property, I have always said I wanted you to have what I had, when I lived, and when I die it must belong to you. I, A. Y. Benton heard this Boy say the above words or words to that effect, I A.Y. Benton Say on oath that the above mentioned Z. B. Benton was of sound mind and disposing memory, and made that his will and that I believe on oath that he knew he would shortly die and I further state and swear that this statement of his will was made on the 4th day of November 1893, Deponant borrowed from J.S. Bankston, a Georgia Form “Book” and that said form book was wanted by my son Z.B. Benton to draw a will in favor of his mother, Mrs. Sarah E. Benton, but he was too weak and put it off and was never able thereafter to draw any will except as aforesaid, a verbal will, the Said Z.B. Benton without having made a written will died on November 11th, 1893, one week after the aforesaid circumstances. I further state that to me his plainly expressed will and desire that all his property to bequeathed to his mother said Sarah E. Benton. This was his last illness only one week before he died.

A.Y. Benton

 

Sworn to and subscribed before me

This November 17th 1893

Benjamin F. Blasingame

Ordinary

 

Georgia Wilcox County

Personally came Sarah E. Benton and Mary E. Coble, who on oath say that they know the above and foregoing affidavit to be true, because they were present and heard the words to wit: Mama, I want you to have what I had when I lived and when I die it must belong to you” I have always Said that I wanted you to have my property when I died.” We further Swear that to the best of Knowledge and belief the said Z.B. Benton was of Sound mind and memory and knew what he was doing, And that he was in his last illness, and that he was in his mother’s house where he had lived for 9 years previous to his death. We further swear that according to he best of Knowledge and belief that Said Z.W. Benton deceased owned in his own right the following property to Wit: 1/5 Interest in Brick building in town of Abbeville in Wilcox County GA, also 1/3 interest in stock of Goods in said building at this time, also one mule and Buggy, and 1 cow and calf and lot of Hogs, marked over Bit in one ear underbit in the other ear.

Sarah E. Benton

Mary E. Coble

Sworn to and Subscribed before me

This 17th of November 1893

Benj. F. Blasingame

Ordinary

 

State of Georgia

Wilcox County

Personally came A.Y. Benton, who on oath Says that the above Affidavit made by Sarah E. Benton and Mary E. Coble is true he being present and that he knows that in intent of the words used by Z.W. Benton were intended to be his Will.

Signed Seal and dated this Nov. 17th 1893

A.Y. Benton

Benjamin F. Blasingame

Ordinary

 

State of Georgia

Wilcox County

We and each of Swear that we have Sworn to the within affidavit in the presences of each other and that we have signed same in presences of each other and that we saw each other sign same.

A. y. Benton

Sarah E. Benton

Mary E. Coble

Sworn to and subscribed before me

This November 17th 1893

Benjamin F. Blasingame

Ordinary W.C.

 

To S.H.D. Barnes

Guardian ad-litem of Schofield Benton and A.Y. Benton as minor you are hereby notified that a Nuncupative will of Z.W. Benton late of Said county deceased has been propounded to me by J.S. Bankson attorney for Mrs. Sarah E. Benton and the same will probated by me at my office, on the first Monday in January 1894 unless cause be shown why it should not be.

Given under my hand and official signature

This 16th day of Nov. 1893

B. F. Blasingame

Ordinary W.C.

 

We the committee of friends to examine the books of the said county officers by the Grand Jury of Sept. term of Superior Court 1895 find the book correct and (illegible word) kept.

Oct 30/95

Committee

Wm. R. Bowen

J.M. Warren

J.L. Bankson

 

 

Source: Will Book 1858-1957

Film No. 271348

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

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