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Last Will and Testament

J.O. Moye

 

Last Will and Testament

J.O. Moye

 

Georgia Wilcox County

I, J. O. Moye, of said State and County, being of sound and disposing mind and memory do make this my last will and testament, hereby revoking all will heretofore made by me.

Item I. I direct that my Executor hereinafter named to pay all of my just debts as soon after my death as possible. If a sale of any of my property real or personal, shall become necessary for the purpose of paying my debts my executor is hereby authorized to sell any of my property at either public or private sale, as he may see fit, without any court order or previous advertisement, it being my desire that such debts be paid at once, without any delay by any application to the courts for any order of sale.

 

Item II. I give and bequeath to my beloved wife Mattie Moye, a life estate in and to all of my property real and personal of which I am possessed. It is my wish will and desire that all of my property and my present home and lands be held and kept by her and for her benefit for and during her life, and after her death the same to be disposed of as hereinafter provided.

 

Item III. I hereby give and bequeath to my grandson Oliver Hollingsworth the sum of $500.00 in cash to be delivered and paid to him by my executor as soon as and not before he reaches his majority. It is my wish and I hereby direct my executor to sell any or all of my personal property at either public or private sale and without any order of court for the purpose of raising the said sum of $500.00 to be paid to my said grandson as soon as he becomes twenty one years of age and not before that time.

 

Item IV. I hereby give and bequeath to my son S.P. Moye, of the lands which I now own and possess in lots 30, 31 and 2 in the 12th Dist. of Wilcox County, and lying and adjacent to the lands now held and owned by my said son the amount of Fourteen (14) acres same to be measured lengthwise and broadside along and adjacent to the said lands so held and owned by my said son S.P. Moye.

 

Item V. I hereby give and bequeath to my son D. G. Moye, the balance of the lands above mentioned, after measuring off the fourteen acres above mentioned which said tract herein conveyed being Sixty-four acres more or less and being the remainder of my present home place and this bequest and gift being made to the said with the provision that in the event the said D.G. Moye should die before the death of my said son S.P. Moye above mentioned, then the said tract herein described in this paragraph shall become the property of my said son S.P. Moye. It being my wish and desire that in the event of the death of my said son D. G. Moye before the death of S.P. Moye then the lands bequeathed to D. G. Moye herein shall pass to and become the property of my said son S.P. Moye, his heirs or legal representatives. The purpose of this bequest and conveyance is to give to my said son only such an interest in and to the said lands that he may use and enjoy for his own use and benefit and not such an interest as will pass to his wife and child upon his death but it being my will and purpose to have the said lands at the death of my said son D.G. Moye pass to and become the property of my said son S. P. Moye or his heirs and legal representatives.

 

Item VI. I hereby name constitute and appoint my son S.P. Moye my executor of this my last will and testament and do hereby clothe him with full and exclusive power to do and perform any and all acts or things as may become necessary and incident to the discharge of his duties as such executor and he is hereby authorized to sell any of the property either real of personal that my become necessary for the performance of his duties, in the payments of debts or the payment of the bequest to my grandson as herein set forth and said sale or sales shall be had and done by him without any order from court and without any bond or formalities of court procedure.

 

In testimony whereof, I have hereto set my hand and affixed my signature, this the 6th day of Aug. 1926

J.O. Moye (his mark)

 

Signed and published by J. O. Moye as his last will and testament in the presence of the undersigned who subscribe our names hereto as witnesses at the instance and request of said testator and in his presence and in the presence of each other.

This the 6th day of Aug. 1926.

J. M. Mixon Jr.

Wright Mixon

J.M. Warren, Ordinary

 

Last Will and Testament of J.O. Moye

Georgia Wilcox County

To J.M. Warren Ordinary of Said County:

The petition of S. P. Moye, resident of said county and nominated executor of the last will of J.O. Moye also a resident of said County, who died on the 2nd day of July 1927 owning valuable real and personal estate in the State disposed of by said will amounting to the sum of Three Thousand Dollars and which remains to be administered respectfully, showeth that said J. O. Moye died testate, that his will is herewith presented for probate at the regular term of the Court of Ordinary of said County, in common form that our petitioner is named in said will as its executor. Wherefore your petitioner prays leave to prove said will in common form and the issuing to him of letters testamentary upon his taking he oath of office.

S.P. Moye

 

This 1st day of Aug. 1927

Court of Ordinary for the County of Wilcox

State of Georgia

Term August 1st 1927

The above petition of S.P. Moye nominated executor of the last alleged will of J. O. Moye duly filed, having been supported by proper proof of Wright Mixon, a witness to said will, that said J. O. Moye, died a resident of said County, that he and the other witnesses J.M. Mixon, Jr. and J.M. Warren saw him sign and heard him publish the alleged will as his own last will; that he attested the same as a witness at his request and in his presence with J. M. Mixon Jr. and J.M. Warren so attesting also at his request; that said J. O. Moye was at the time of said signing and attestation of sound and disposing mind and memory, and did in the execution of said will, act freely and voluntarily: it is ordered that the same be duly recorded, having been duly proved in common form, and that letters testamentary issue to him upon his taking the usual oath of office.

J. M. Warren, Ordinary

 

Georgia Wilcox County

I, S.P. Moye do solemnly swear that this writing contains the true last will of the within named J.O. Moye deceased so far as I know and believe; that I will well and truly execute the same in accordance with the laws of this state. So help me God.

S. P. Moye

 

Sworn to and subscribed before me August 1st 1927.

J.M. Warren, Ordinary

 

 

 

Source: Will Book 1858-1957 Page 169-171

Film No. 271348

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

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