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Last Will and Testament

Mrs. M.A. Cain

 

Last Will and Testament

Mrs. M.A. Cain

 

State of Georgia Wilcox County

In the name of God Amen,

I, M.A. Cain being of sound mind and of good memory and recognizing the certainly of Death do make this my last will and testament.

Art 1st I will and bequeath to my beloved husband A.B. Cain all my property lands tenements for use during his natural life and in trust for my beloved son V.H. Cain and his heirs if my husband should survive me and after my husbands demise my entire property to go to my beloved son and only child V.H. Cain and his heirs.

Art 2nd I hereby Constitute and appoint my beloved husband A.B. Cain and beloved son V.H. Cain Executors of this my last will and testament This 20th day of April 1899.

M.A. Cain

 

Signed and published by M.A. Cain as her last will and testament in the presence of us the subscribers who subscribe our names hereto in the presence of said testator and at her instance and request and in presence of each other she signed in our presence and we signed in her presence.

D.B. Nicholson

W.C. Simmons

J.M. Taylor

 

Georgia Wilcox County

To the Hon. J.M. Warren Ordinary of said County The petition of Arthur H. Cain a resident of Fulton County and a legatee of the last will of Mrs. M.A. Cain who died in Wilcox County GA on the day of ____(no day given) 1909 owning valuable real and personal property amounting to about five thousand dollars and which remains to be administered respectfully showeth that said Mrs. M.A. Cain died testate that her will is herewith presented for probate at the regular term of the Court of Ordinary of said County in Common form that your petitioner is a legatee the Executor named having departed this life wherefore your petitioner prays leave to prove said Will in Common form and the issuance to him of letters of Administration with the will annexed upon his taking the usual oath Feby 25th 1910

Arthur H. Cain Petitioner

 

Georgia Wilcox County

Before me came D.B. Nicholson named as a witness to the within writing purporting to be Mrs. M.A. Cain’s last will and being duly sworn saith that he with W.C. Simmons and J.M. Taylor at the request of Mrs. M.A. Cain and in her presence and in the presence of each other did attest as Witnesses the within writing as Mrs. M.A. Cains Will that the same was signed and published by Mrs. M.A. Cain in their presence as her last will she was at the time of said attestation and signing by her of sound and disposing mind and memory that she executed the within papers voluntarily.

D.B. Nicholson

Sworn to and subscribed before me March 7th 1910

J.M. Warren Ordinary

 

Wilcox Court of Ordinary March Term 1910

The above petition of Arthur H. Cain Legatee of the last will and testament of Mrs. M.A. Cain duly filed having been supported by proper proof of D.B. Nicholson a Witness to said Will that said Mrs. M.A. Cain died a resident of said County that he and the other Witnesses W.C. Simmons and J.M. Taylor saw her sign and heard her publish the alledged will as her own last will and that he attested the same as a witness at her request and in the presence of her and in the presence of W.C. Simmons and J.M. Taylor as attesting also at her request that said Mrs. M.A. Cain was at the time of said signing and attesting of sound and disposing mind and memory and did in the execution of said will act freely and voluntarily it is ordered that he same be duly recorded having been duly proven in Common form and that letters testamentary issue to him upon his taking the usual Oath of Office.

J.M. Warren Ordinary.

  

 

Source: Will Book 1858-1957

Film No. 271348

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

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