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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 William’s 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.
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