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Last Will and Testament

T. T. Summerford

 

Last Will and Testament

T. T. Summerford

 

Georgia, Wilcox County

 

I, T. T. Summerford of the county of Wilcox said State being now of sound mind and disposing memory, do make this my last will and testament and revoke all wills heretofore made by me.

Item 1. I desire that after my death, my body be buried in a Christian like manner in keeping with my circumstances when in life.

Item 2. My debts shall be paid from my estate by my executor before any of my property is distributed.

Item 3. My Daughter Mrs. Terry Brown and my son Walter Summerfield and my deceased daughter Mrs. Charlie Reynolds have all been given a sufficiency and for this reason, I desire that my executor give to Mrs. Terry Brown, and to Walter Summerford Ten Dollars each and to Thurman Reynolds and to Other Reynolds five dollars each this amount to suffice as a bequest to these named from my estate.

Item 4. I give devise and bequeath to my Daughter B. Gregory the wife of Anthony Gregory of Wilcox County Georgia, all of my personal goods and effects of which I may die seized and possessed.

Item 5. I give and bequeath to my Daughter B. Gregory the wife of Anthony Gregory of Wilcox County, Ga. all of my real Estate consisting of the following property. To Wit: 100 acres of the South half of lot of land number 73 in the 5th Land District of Pulaski County Georgia. Also Lots numbers 5, 5, and 7 on which is situated my residence in Pineview Georgia, the place where I now live.

Item 6. My wife S. M. Summerford and myself are old and need care and attention, and we have taken our home in the Pineview residence above named, with Anthony Gregory and his wife my daughter where we expect to spend the remainder of our days, and I therefore make the above bequest.

Item 7. I give and bequeath to my Daughter Mrs. Anthony Gregory the following land in Wilcox County Ga. where my shop is situated Beginning at South West Corner of Lot 85 in 5th District; Run North on land line to Commerce Street when east 100 feet South to Line then west to starting point. Situated in Pineview Ga.

Item 8. I appoint my Daughter Mrs. Anthony Gregory of Wilcox County Executor of this will and I relieve my executor of giving bond and making returns of her conduct to any court whatever.

This January 15th A.D. 1926.

T.T. Summerford

 

Declared published signed and sealed by T.T. Summerford as his last will and testament in the presence of the undersigned witnesses; he signing first in our presence, and we each then signing at his special instance and request in his presence, and in the presence of each other.

This January 15th A.D. 1926

B.F. Dorminey

M.H. Boyer

H.A. Haskins

 

Ordinary Pulaski Co.

The foregoing petition of Mrs. Anthony Gregory, the nominated executrix of T. T. Summerford, late of said County deceased asking for probate in solemn form of the will of said testator having been presented and duly considered.

It is ordered that the heirs at law of the said T. T. Summerford therein, to wit: his daughter Mrs. Terry Brown his son Walter Summerford and the children of his daughter Mrs. Charles Reynolds viz Thurman Reynolds and Other Reynolds, all of said county and being the heirs at law in addition to petitioner; be served each with a copy of said petition and this order at least ten days before the next term of this court, and that they then and there at the January Term 1929 of the Court of Ordinary of Wilcox County Georgia, show cause if any they can, why the prayers of said petition should not be granted and said will proven in solemn form as prayed.

So ordered this 3rd day of December, 1928. December Term 1928 of Court of Ordinary of Wilcox County, Ga.

J.M. Warren

Ordinary Wilcox County Georgia

 

It being made to appear to the Court that Thurman Reynolds and Other Reynolds are minors and that they have no regular statutory guardian and that they have been regularly served with copy of the petition and order as required by law; it is therefore ordered that T.I. Brown be and he is hereby appointed guardian ad litem for said Thurman Reynolds and Other Reynolds minors, January Term 1929 of Court of Ordinary of Wilcox County, Georgia. This 7th day of January; 1929

J.M. Warren

Ordinary Wilcox County, Ga.

I accept this appointment of guardian ad litem for Thurman Reynolds and Other Reynolds. This 7th day January, 1929.

T. I. Brown

 

Re: T. T. Summerford

Petition of Mrs. Anthony Gregory

For the probate of will in Solemn Form

Wilcox Court of Ordinary

January Term, 1929.

In the above styled case caveat having been filed and the parties having come to an agreement the said parties have come to the following agreement.

1. Caveators will not insist upon the caveat filed.

2. The property of the estate not including the lands heretofore deeded, by T. T. Summerford to Mrs. Anthony Gregory shall be charged with a payment of all claims against the estate of T. T. Summerford as follows, to wit: All court costs accruing on the probate of the will and all other costs for the winding up of the estate including whatever fees may be assessed by the Ordinary to Hal Lawson as attorney for services performed to said estate; a bill due Dr. J. M. Horne for $100.00 and an account due to W. L. Joiner of $214.00 and also any other item or items of indebtedness that may be legally chargeable to the estate of T. T. Summerford and it is agreed that all the heirs of said estate except the said Mrs. Anthony Gregory shall be and are, personally liable for that debt of said estate whether herein designated or not.

3. The said Mrs. Anthony Gregory having already received a deed from T. T. Summerford to property described in said deed agrees and does hereby waive her interest in the estate of T. T. Summerford, not of course including lands heretofore conveyed to her and she agrees that upon the probate of the will and the payment and adjustment of all debts as aforesaid, to make whatever papers, assignments or transfers may be necessary for the purpose of passing into the other heirs of T .T. Summerford all her rights, title and interest in the property of the estate of the said T. T. Summerford.

This agreement to be filed with the Ordinary of Wilcox County, as a court agreement.

This January 7th, 1929.

Mrs. A. Gregory

Mrs. T. I. Brown

W. D. Summerford

T.I. Brown, Guard. Ad. Lit

Hal Lawson. Atty for petitioner

D.C. Chalker Atty for Caveator

 

 

Last Will and Testament of T. T. Summerford

Georgia Wilcox County

In Re: Petition of Mrs. Anthony Gregory for Probate in Solemn Form of the will of T. T. Summerford. To the Hon. J.M. Warren Ordinary of Wilcox County and to the Court of Ordinary of Wilcox County: December Term, 1928.

At this the December Term 1928 of the Court of Ordinary of said County comes Mrs. Anthony Gregory and shows he Court:

1. Petitioner is a resident of said County

2. T. T. Summerford, late of said county died on the 1st day of November 1928, leaving real and personal property therein after making and publishing his last will and testament a copy of which is hereto attached in which the petitioner is named the executrix thereof: the copy of said will hereto attached is marked exhibit A and the original will is of file in the said office of the said Ordinary.

3. The following named persons are the heirs at law of the testator together with their place of residence excepting that your petitioner is the daughter of deceased to wit;

Mrs. Terry Brown daughter of Wilcox County, Ga. Walter Summerford, son of Wilcox County, Ga. both of whom are of age: and Thurman Reynolds and Other Reynolds minors of the ages of about 20 and 18 years respectively, the sons of Mrs. Charles Reynolds deceased who was the daughter of deceased testator, both of whom reside in Wilcox County and for whom guardians ad litem are requested.

4. Petitioner prays leave to prove the said will in solemn form and to that end that all the heirs at law of said deceased testator be cited to appear at the Court of Ordinary to be held in and for the said county on the first Monday in January, 1929, and show cause if any they have why said will should not be proven in solemn form and admitted to record as the last will and testament of said T. T. Summerford, deceased, and why letters testamentary should not issue to petitioner according to the statute in such cases made and provided.

Hal Lawson,

Petitionerís Attorney

 

Court of Ordinary

Wilcox Co. Ga.

In Re: T. T. Summerford deceased,

Petition of Mrs. Anthony Gregory

For Probate of Will in Solemn Form

The foregoing petition coming on regularly to be heard, and it appearing that all parties at interest are residents of Wilcox County; and that they, together with the petitioner are the heirs at law and the only heirs at law of T.T. Summerford deceased: and that all said heirs at law have been duly served personally with legal notice of said application and the time and place of hearing, at least ten days before the term of court named in said notice: and a guardian ad litem having been duly appointed by the court for the minors Thurman Reynolds and Other Reynolds, and that said guardian accepted said appointment as provided by law; and it further appearing to this Court by the testimony of all the subscribing witnesses that the paper offered for probate as the last will and testament of T. T. Summerford deceased, and that said testator was of sound and disposing mind and memory at the time he executed the said will, and no legal and sufficient cause being shown why said paper should not be proven and admitted to record as the last will and testament of said deceased as prayed.

It is therefore ordered and adjudged b this Court that the same be set up and established as the last will and testament of the said T. T. Summerford and be admitted to record as such.

Further ordered that Letters Testamentary do issue to said Mrs. Anthony Gregory the executor named in said will upon her taking the oath required by law.

So ordered in open court Jany Term 1929. This 8 day of January 1927.

J. M. Warren, Ordinary

 

Georgia, Wilcox County

I, Mrs. Anthony Gregory do swear that the will presented for probate is the true last will and testament of T.T. Summerford, deceased and that I will well and truly perform the duties devolving on me as executrix of said will to the best of my ability so help me God.

Mrs. Anthony Gregory

 

Sworn to and subscribed before me

Term Jany 7th 1929

J. M. Warren, Ordinary

 

 

Source: Will Book 1858-1957 Page 171-176

Film No. 271348

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

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