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Last Will and Testament

David Fitzgerald

 

Last Will and Testament

David Fitzgerald

 

Georgia Wilcox Co.

 

In the name of God, amen, I David Fitzgerald of said State & County being of advanced age & knowing that I must shortly depart from this world deem it right & proper both as respects to myself & my family that I should make a disposition of the property with which a kind Providence has blessed me. I therefore make this my last Will & Testament hereby revoking & annulling all others heretofore made by me.

 

Item First

I desire & direct that my body be buried in a decent manner suitable to my circumstances & condition in life, my soul I trust shall return to rest with God who gave it as I hope for eternal salvation through the blessed Lord & Savior, Jesus Christ, whose religion I have professed & as I humbly trust enjoyed for the last ten or twelve years.

 

Item Second

I desire & direct that all my just debts be paid without delay by my executors hereinafter named as I am unwilling my creditors should be delayed of their rights especially as there is no necessity for delay.

 

Item Third

I give & devise to my beloved wife Galzey, with whom I have lived for the last twenty years, lot of land no. two hundred & forty in the 12th dist of originally Dooly now Wilcox County containing two hundred & two & one half acres, during her natural life, or widowhood and at the death or marriage of my said wife Galzey, the said lot of land & its appurtenances to be sold & equally divided among my children, I also devise to my said wife twenty head of stock cattle, also twenty head of stock hogs as she may choose also one horse & cart, & all property that be her herein devised to my said wife after her deceased or marriage, I desire to be sold & equally divided among my children. I also devise to my said wife all the cooking utensils & farming tools, also one bed & stead & furniture thereunto belonging. I also devise to my daughter Mary one bed & stead & furniture, also to my daughter Susan one bed & stead & furniture, also to my daughter Elizabeth one bed & stead & furniture also I devise to my son Thomas one bed & stead & furniture also to my son David one bed & stead & furniture, also I devise to my sons Thomas & David one horse each.

 

Item Fourth

I devise & direct that in the event of the death of my children without issue the property of said child to be equally divided among my other children.

 

Item Fifth

I devise & direct that my son Williamís daughter draw & have the portion of my property that my son William would have owned had he lived.

 

Item Sixth

I devise & direct that lot of land no. two hundred & forty one in the 12th dist. or originally Dooly now Wilcox County be sold & equally divided among any my five oldest children, viz: Green, Millis, Anna, Cynthia, Elizabeth & my grand daughter Mattie.

 

Item Seventh

I constitute & appoint my two sons Green & Millis & James Owens executors of this my last Will & Testament.

This 23rd of September 1873

David Fitzgerald (L.S.) (his mark)

 

G.R. Reid

W.N. Fleetwood

E. B. Mixon

Joseph Rainy (his mark)

 

Georgia Wilcox Co

Court of Ordinary

May term 1885

In person appeared in open court Joseph Rainy & E.B. Mixon who do swear that they as well as G.R. Reid & W.N. Fleetwood saw the within named David Fitzgerald sign & publish this within paper as his last Will & Testament, that we subscribed the same as witnesses at the special instance & request of  the said David Fitzgerald & in his presences as did also G.R. Reid & W.N. Fleetwood & that the said David Fitzgerald signed the same freely & voluntarily & was at the time of such signing of sound & disposing mind & memory..

Joseph Rainy (his mark)

E.B. Mixon

 

Sworn to & subscribed before me

This the 4th day of May 1885

C.S. McCall

Ordinary

 

Georgia Pulaski Co.

In person came before the undersigned W.N. Fleetwood who on oath saith that he saw David Fitzgerald late of Wilcox County sign, seal, declare & publish the within instrument as his last Will & Testament for the purpose therein mentioned. That the deponent signed the same as a witness thereto & saw Joseph Rainy, E.B. Mixon do the same, also G.R. Reid.

W.N. Fleetwood

 

Sworn to & subscribed before me

The 30th day of May 1885

C. Pearce N.P.

 

 

 

Source: Will Book 1858-1957

Film No. 271348

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

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