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.
January 15th A.D. 1926.
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.
January 15th A.D. 1926
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
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.
this 3rd day of December, 1928. December Term 1928 of Court
of Ordinary of Wilcox County, Ga.
Wilcox County Georgia
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
Wilcox County, Ga.
this appointment of guardian ad litem for Thurman Reynolds and Other
Reynolds. This 7th day January, 1929.
T. I. Brown
Re: T. T.
Mrs. Anthony Gregory
probate of will in Solemn Form
Court of Ordinary
above styled case caveat having been filed and the parties having come
to an agreement the said parties have come to the following agreement.
Caveators will not insist upon the caveat filed.
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.
agreement to be filed with the Ordinary of Wilcox County, as a court
January 7th, 1929.
Mrs. T. I.
Guard. Ad. Lit
Atty for petitioner
Chalker Atty for Caveator
and Testament of T. T. Summerford
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:
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.
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;
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.
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.
In Re: T.
T. Summerford deceased,
Mrs. Anthony Gregory
of Will in Solemn Form
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.
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.
ordered that Letters Testamentary do issue to said Mrs. Anthony Gregory
the executor named in said will upon her taking the oath required by
in open court Jany Term 1929. This 8 day of January 1927.
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.
and subscribed before me
Term Jany 7th