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Last Will and Testament

Mary Wilcox

 

Last Will and Testament

Mary Wilcox

 

State of Georgia

Montgomery County

 

I, Mary Wilcox of the County of Wilcox and state of Georgia being of sound and disposing mind and memory do make this my last will land testament this third day of July 1899.

Item 1st

I want my medical bills with Dr. A.R. Royal and Dr. R.A. Trammell burial expenses and all debts that I am legally owing at my death paid first.

Item 2nd

I give bequeath and devise to my Children Williard, Mattie, Noah, Mary F., Ada R., Benjamin F. Jr. and Fort (?) G. Wilcox all of my personal property to wit One buggy one two horse wagon two horses fifteen heads of stocks hogs farming utensils housed and kitchen furniture and also all my real estate as follows.

Two hundred and eighty acres of land more or less from lot of lands number 245 in the 3rd dist. Y.M. of Wilcox County also seventy acres of land from lot of land number 236 in the 3rd dist YM of Wilcox County Georgia also whatever interest I may have in the disputed lot of land number 266 in the 3rd District YM of Wilcox County the said lot of land number 266 now being in suit in Wilcox County Georgia. My wishes are that each one of my children shall share and share alike in said property mentioned in this item.

Item 3rd

I appoint my husband Benjamin F. Wilcox the Executor of this my last will and testament.

Item 4th

I authorize my said Executor to handle the said property mentioned in this will without making bond for same under in the Judgment of the Ordinary he should deem a bond necessary for the protection of the estate I further authorize my said Executor to handle and manage said estate to he best interest of my said children in raising educating and maintaining them.

Item 5th

I further authorize my executor that if it should become necessary to settle off with any one of my children when they become of age that he is authorized to do so ascertaining as near as possible each ones interest at the time of settlement.

Item 6th

It is my wishes and desire that should it become necessary for executor to use more than one heirs probate share in this estate in taking care of that one that he shall do so in otherwords I want my estate for the benefit of my children and used as the cost of any of them may demand.

Item 7th

If it should not be necessary to make full Settlement with each heir as they become of age my executor is hereby authorized to make a full settlement when the youngest heir becomes of age.

Item 8th

I hereby authorize my said executor to make any compromise with the estate of D. Reid late of Wilcox County Ga that he may see best in the suit now pending on lot of land number 266 in the 3rd Dist YM of Wilcox County, Georgia.

Mary Wilcox (L.S.)

 

Signed declared and published by Mary Wilcox as her last will and testament in presents of us the Subscribers who subscribe our names hereto in the presents of said Testator at her request and of each other she singed in our presents and we singed in her presents.

Witness

Arthur Mason

M.G. Redmond Jr.

Ira T. McLemore N.P. and Exofficio JP Montgomery Co Ga

 

Georgia Montgomery County

Personally appeared Ira T. McLemore who after being duly sworn deposes and says that the annexed instrument singed by Mary Wilcox in the presents of and attested by Arthur Mason, MG. Redmond and Ira T. McLemore N.P. Exofficio J P of Montgomery County Georgia was in fact singed by the said Mary Wilcox voluntary and in the presents of eh said witnesses named and at the time of signing the same the said Mary Wilcox was of sound and disposing mind. Affiant makes this affidavid for the purpose of admitting the said will to probate.

Ira T. McLemore

Sworn to and Subscribed before me

This the 6th ay of June 1904

Alex McArthur

Ordinary Montgomery County Ga

 

Montgomery County Court of Ordinary

Ira T. McLemore having appeared before me and being duly sworn having made proof of the Execution by Mary Wilcox of her last will and testament by Afidavid of said subscribing witness attached to said original will and it appearing that the said Mary Wilcox signed sealed and published and declared the said instrument to be her last will and testament in the presence of aid three subscribing witnesses who signed the same as such Witnesses in the presence of said Mary Wilcox and of each other. It is thereupon ordered that said Will be and it is hereby admitted to probate in Common form. And it appearing that at the time of the death of said Mary Wilcox she was a resident of the County of Wilcox but was temporarily in the County of Montgomery and the said will having been executed in Montgomery County and the Witnesses thereto being in Montgomery County it is therefore ordered that the said Original will with the said affidavids and this order be transmitted under the seal of the Ordinary of Montgomery County to the Court of Ordinary of Wilcox County as provided in Section 3280 of the Code of Georgia.

Witness my hand and seal this the 6th day of June 1904

Alex McArthur

Ordinary Montgomery County

 

Georgia Montgomery County

I Alex McArthur Ordinary of Montgomery County and exofficio Clerk of the Court of Ordinary do Certify that the Will hereto annexed is the original will of Mary Wilcox which was probated in Common form in the County of Ordinary of Montgomery County on the annexed affidavid of Ira T. McLemore one of the subscribing witnesses to said Will and this certificate is made for the purpose of transmitting said Will and the proceedings thereon to the Court of Ordinary of Wilcox County as provided in Section 3280 of the Code of Georgia.

I further Certify that I have no Clerk and have affixed my own Clerk.

Witness my hand and seal this 6th day of June 1904

Alex McArthur

Ordinary Montgomery County Ga

Exofficio Clerk of the County Court

 

 

 

Source: Will Book 1858-1957

Film No. 271348

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

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