HARALSON COUNTY WILLS - S THRU Z
Copyright 2008 by Elizabeth
Robertson
S - T -
U - V - W - Y
SHEPPARD, MARY DAYTON 269
SLAUGHTER, W. E. 167
SMITH, H. M. 297
SMITH, L. E. T. 124 (FINAL ORDER 135)
SMITH, THOMAS C. 145 TO 149 EX. RECORDS
SNOW, HENRY F. 189
SPEIGHT, ROBERT T. 136-137-138
STEWART, ANDREW J. 158-159
STRICKLER, SMITH 250
SUMMERLIN, J J M, P267
SUMMERVILLE, B. F. 255
SUMMERVILLE, ROBERT 5 - 6
THOMAS, J. R. SR., 226
TROUTMAN, MARY A. (WILL) 308
UPSHAW, C. A. 273
VERY, SARAH B. 210
WEATHERBY, AARON 103-106
WESTBROOK, LOCKIE 241
WESTBROOKS, JAMES 65-66-67
WHEELER, MRS. H. V.. 207
WHEELER, W. W. 283
WHITTON, B. W. 200
WILLIAMS, J. B. 71 (See JAMES H. WILLIAMS)
WILLIAMS, JAMES H. 16-17
WILLIAMS, SAMUEL 68 (AGREEMENT)
WILLIAMS, WYATT N., GUARDIAN FOR PIETY CLETY
AND WHISENHUNT, HUGH
WILLIAMS, WYATT N. 55-56-57
WILLIAMS, Z. T. 69-70 (See JAMES H. WILLIAMS)
WILSON, ABSALOM 89-90-91-92
WINBRENER, DAVID C. 176
WOODS, A. D. , P40-41-42
YOUNG, MRS. S. A. E. F. 98-99-100
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WILL BOOK A, PAGE 269
WILL OF MARY DAYTON SHEPPARD, DECEASED
STATE OF GEORGIA
HARALSON COUNTY
Tallapoosa, Georgia, April 11, 1908
I, MARY DAYTON SHEPPARD, being of good health and
sound mind, declare this to be my last will and
testament.
I give, devise and bequeath all the property I may
own at the time of my death, whether real or
personal and wherever located to my sister, IRA F.
SANFORD
I appoint my nephew, ISA EDWARD SANFORD, Executor
Witness my hand this April 11th, 1908
MARY DAYTON SHEPPARD
Mary Dayton Sheppard this day executed the foregoing
will in our presence and we hereby attest the same
at her request and in her presence and in the
presence of each other
Witnesses: C. W. COLLEY
GOODE PRICE
T. M. KIMBALL
Filed in office January 8th 1915. W T. EAVES, ORDINARY
Probate proceedings recorded on Minutes “3", page 301
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WILL BOOK A, PAGE 167
WILL OF W. E. SLAUGHTER
STATE OF GEORGIA
HARALSON COUNTY
I, W. E. Slaughter, of said State and County, being
of sound and disposing mind and memory do make this
my last will and testament.
Item 1st. I give bequeath and devise to my wife C.
E. SLAUGHTER the following property to with: Four
city lots in the town of Tallapoosa no’s 15, 16, 17
& 18 in block 170, also an eight room two story
dwelling house being on lot No. 15 in said named
block, also all of the household and Kitchen
furniture that I possess, also one horse and buggy,
one milk cow, two hogs , all poultry, also all my
farming tools, and all other property that I have
that is not herein mentioned, free from all charge
or limitation whatever to her own proper use benefit
and behoof during her natural life or widowhood.
Should she get married then this will to be void and
of no effect, at such time the remainder of my
property to be sold and divided equally among my
children.
Item 2nd. I give bequeath and devise to my son
JOHNNIE, when he becomes of age the following
property: All of my dental tools and office
furniture and fixtures I also will this to be owned
and controlled by my wife C. E. Slaughter untill my
son Johnnie becomes twenty one years of age.
Item third. I hereby constitute and appoint my
wife, C. E. Slaughter, Executrix of this my last
will and testament. This Dec 15th, 1903
W. E. SLAUGHTER
Witnesses: I. B. Witcher
A. A. Saxon
J. A. Rowell
Delivered in the presence of: J. A. Cantrell, NP & Ex Off J.
P., This 15trh Dec. 1903
Sworn statement of Executrix presenting will for probate
March 7th 1904
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WILL BOOK A, PAGE 297
WILL OF HENRY MARTIN SMITH
STATE OF GEORGIA,
HARALSON COUNTY
Filed for Probate in Common form August 30, 1917
Probated September 3, 1917
I , Henry Martin Smith of Bremen, Georgia make this
my last will . I give, devise, bequeath my estate
and property, real and personal , as follows, that
is to say:
I give to my daughter, MRS. BEAULAH COOK, Bremen,
Ga; from the proceeds of my estate, the sum of one
thousand $1,000) Dollars. I give my daughter MRS.
BEULAH COOK, the above mentioned one thousand
dollars for her faithful service to me, and for the
faithful service of her husband, Dr. H. C. Cook to
me while sick and on my bed of affliction.
The remainder of my estate, I wish divided equally
between my remaining children, as follows: MRS.
FLORENCE WILLIAMS, RUFUS SMITH, FERMAN SMITH, WARREN
SMITH AND JOE SMITH, each to share and share alike
after all debts and exepsnes that may accumulate
during my life have been paid.
All and expenses shall be paid out of the remainder
of my estate, and no part of it from the amount
given to said Mrs. Beaulah Cook she being given the
one thousand net.
I also suggest that should I depart this life during
the year 1917, that my daughter Mrs. H. C. Smith and
family remain in my house, now occupied by them for
the remainder of the year without paying rent.
I appoint Ferman Smith, Carlton, Ga. And Warren
Smith, Athens, Ga. Executors of this my will. Said
executors are not required to make any returns to
any court of to give any bond for any amount
whatever.
In Witness whereof, I have signed and sealed and
published and declared this instrument as my last
will dated the 15th day of Jan. 1917.
Henry Martin Smith
Witnesses: B. T. Kent
L. E. Moore
Taylor Smith
NP State at Large
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Will book A, PAGE 124 (and 135)
WILL OF LUCRETIA E. T. SMITH
Be it remembered that I Lucretia E. T. Smith, widow
of Talllapoosa, in the County of Haralson and State
of Georgia, being weak in body but of sound and
disposing mind and memory do declare and publish
this my last Will and Testament in the manner
following that is to say:
First, I order my Executor hereinafter named to pay
all my just debts and funeral charges as soon as may
be conveniently done after my decease.
Second, I give, bequeath and devise all the rest,
remainder and residue of my estate whether real,
personal or mixed wherever found or however situated
to my brother CHAS. R. TAYLOR to be his forever.
Third, I hereby constitute and appoint my brother
Chas. R. Taylor sole executor of this my last will
and testament hereby revoking all former wills by me
made.
In witness whereof, I have hereunto set my hand this
ninth day of October, A. D., 1896
LUCRETIA E. T. SMITH (SEAL)
Witnesses: Clark Shipman
Sarah A. Shipman
Geo. M. Williams
May C. Bingham
Filed Nov 2, 1896
Recorded May 5, 1897 Thos. A. Hutcheson, Ordinary
WILL BOOK A, PAGE 135
HARALSON COURT OF ORDINARY, MAY TERM 1897
In re petition of CHAS. R. TAYLOR for probate in
solemn form of the will of LUCRETIAL E. T. SMITH.
The above stated petition coming on regularly to be
heard and it appearing that parties of interest
resident in this State were personally served with
notice of the petition for probate at least ten days
before the term of this Court at which said notice
required appearance and that the parties of interest
not resident in this State were duly served by
publication of Citation as the law requires and it
appearing to the satisfaction of this Court by the
testimony of all the subscribing witnesses that the
instrument offered for Probate is the last will and
testament of LUCRETIA E. T. SMITH as alleged by the
propounder in his petition and no legal and
sufficient reason appearing why said will should not
be admitted to Record as prayed. Ordered that said
will be and the same is hereby established in solemn
form as the Last Will and Testament of LUCRETIA E.
T. SMITH and that the same be admitted to Record.
Ordered further that letters testamentary do issue
to the Executor named in said Will to wit, the said
CHAS. R. TAYLOR UPON his taking the usual oath of
office. This 3rd day of May 1897.
THOS. A. HUTCHESON, ORDY
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WILL BOOK A, PAGE 145-149
(Note by transcriber: This will includes property located in
Tallapoosa GA that was probably purchased during the “boom’
years
when Tallapoosa was promoted as a resort health area. It
does not
give the address of the property)
STATE OF GA, HARALSON CO.
WILL OF THOS. C. SMITH
STATE OF NEW YORK
The People of the State of New York
To all to whom these presents shall come or may concern,
Greeting:
Know ye, that we having examined the records and
files in the office of the Surrogate of the County
of Kings, do find there remaining a certain of the
will and of the Decree admitting same to probate in
the matter of the probate of the last Will and
Testament of THOS. C. SMITH, deceased in the words
and figures following, to wit: The last will and
testament of Thos. C. Smith.
I, Thos. C. Smith, of Greenpoint in the borough of
Brooklyn, City of New York, do make, publish and
declare this my last Will and Testament namely:
First: I give to my wife, Margaret E. Smith, all my
furniture, plate books, pictures and other articles
of household use or ornament which at my decease may
be in or appartenant to our residence, and all my
wearing apparel, and personal ornaments excepting,
however, that I give to my son Chas. My Portrait
which has been in the 17th Ward Bank.
Second. I give devise and bequeath to my son, Chas.
H. L. Smith, absolutely and in fee my factory and
factory lands and permises, being all my lots of
land with the buildings and improvements thereon,
situated in the block bounded by and between Eckford
St., Oakland St., Calyer St., and Greenpoint Ave. at
Greenpoint in the Borough of Brooklyn, City of New
York, and also my twelve or more lots of land with
the improvements thereon situated on the Easterly
side of Oakland St., opposite the said block, and
also my Quarry and mining lands and property at
Branchville, Conn. And also all my share and
interest of and in the business of manufacture and
sale of Porcelain an similar articles no carried on
by son Chas. And me as Co-partners at Greenpoint
aforesaid under the firm name of Thos. C. Smith and
C. H. L. Smith and in condition that such shall be
in at my decease and the stock materials and
machinery which shall then belong or appertain
thereto, and all sums and property then or
thereafter receivable from the same, subject,
nevertheless, to all debts and sums then or
thereafter payable or for which I may in any wise be
liable in or for what account of such business or
secured by mortgage or other lien upon the land and
permises described in this article or any part or
parts thereof.
And I also give and devise to my son Chas.
Absolutely and in fee my stores and lots of land on
the Northerely side of Milton St., and taken
together extending along the same 200 feet westerly
from Manhatten Ave. in the said Borough of Brooklyn.
Third: I give and devise my five houses and lots
known by St. and N0s. 119 and 127, and 129, and 131
and 133 Milton St. at Greenpoint in the Borough of
Brooklyn aforesaid, and also my three houses and lot
s known by St. Nos. 143 and 145 and 149 Milton St.,
and also the premises known as Keramas Building at
the Southwesterly Corner of Milton St. and Manhatten
Ave. and having a width on Milton St. of 91 feet in
the same Borough to my wife Margaret E. Smith to be
held and enjoyed by her during her natural life, and
upon her decease, I give and devise the same
aboslutely and in fee to my daughter Pastora Chase
or if she shall then be deceased to her then living
children, or the ten living lawful issue of any
child of hers theretofore deceased, such issue of a
deceased child in any case taking per Stirpes the
share which their parents would take if living.
Fourth. I give and devise to my wife Margaret E.
Smith my dwelling house known by St. No. 140 Milton
St., at GreenPoint the the Borough of Brooklyn
together with the outbuildings and lots fenced
therewith or forming the curtilage thereof to be
held and enjoyed by her during her natural life, and
upon her decease, I give and devise the same
absolutely and in fee to my son Chas. H. L. Smith or
if he be then deceased, to his then living children,
and the then living lawful issue (taking per
Stirpes) of any child of his theretofore deceased.
Fifth. I give and devise to my grand children Chas.
S. Chase and Franklin M. Chase absolutely and in fee
all my interest or estate in lands in the State of
Georgia.
Sixth. I direct that there be paid to my daughter,
Ida during her natural life in monthly or other
convenient installments the annual sum of six
hundred dollars and that such payments be made to
her by my son Chas. By reason of devises made in
this will to him other than my factory premises and
it not being my wish to encumber what is thus
devised to him with a charge or lien for such
annuity. I direct that his personal bond to my
daughter shall be deemed a full and sufficient
substitute for any such encumbrances, and that such
bond can be executed by him and deposited with any
trust Co. n the city of New York for her benefit or
be delivered directly by him to my daughter, Ida, as
he may deem most advisable.
But, the said bond is to expressly provide that no
annuity payment shall be payable to any assignee of
my said daughter and that the said bond shall not be
obligatory upon my son Chas. In favor of any
assignee or transferee thereof, or any or either of
the sums payable thereunder.
Seventy: I give devise and bequeath all residue of
my estate and property of every kind soever and
wheresoever situated or to which I may die siezed
possessed or entitled to the executors of this my
will and the survivors or the survivor thereof and
their or his successors upon Trust nevertheless for
the purposes hereinafter indicated. The Trustees
are to receive and collect the rents and other
income thereof and are to apply the next income
realized therefrom to the use of my wife Margaret E.
Smith during her natural life. And from and after
the decease of my wife the trustees are to apply the
net income realized from the one quarter part of
such residuary estate to the use of my daughter,
Ellen H. Corwine during her remaining natural life,
upon her deceased the trustees are to payover
transfer or convey such one quarter absolutely in
fee then to her living child or children and the
then living lawful issue (taking per stirpes) of any
child of hers theretofore deceased, and upon the
decwease of my wife, I give devise and bequeath the
remaining three quarters of such residuary
absolutely and in fee to my daughter Pastora or if
she shall be then deceased to her then living
children and lawful issue (taking per stirpes) of
any child of hers theretofore deceased.
Eighth: I appoint my wife Margaret E. Smith and my
Son Chas. H. L. Smith and my friend Wm. H. Webster
to be the executors of this my will and such of them
as shall qualify and act are empowered to perform
the trust, and exercise the power given to my
executors by this my will. And I empower them in
their discretion and at such time or times and in
such mode and upon such credit or terms as they may
deem expedient to sell and convey any real estate or
interest in real estate held by them in trust or to
lease from year to year or for a term or terms of
years any such real estate. And in making
investments the trustees are not to be confined to
what are know as approved securities, but may also
in their discretion retain investments left by me
and not hereinbefore specifically be bequeathed) or
invest in obligations of any city, town or county
within the state of New York or the state of New
Jersey or secured by mortgage of any dividend paying
rail way co., with the United States of America,
Ninth: The devise of lands and premises by this last
will is to be treated as subject to the lien of any
mortgage executed by me which shall then be upon the
premises devised.
Tenth: In case by refusal to act or death of all the
persons hereinbefore named for executors or from
other cause, the office of trustee shall become
wholely vacant, I appoint the Brooklyn Trust Co.,
Trustee to fill the vacancy.
Lastly: The provisions of this my will in favor of
my wife are intended and are to be in lieu of all
claims of her by dower in my estate. And I revoke
all former or other wills made by me.
In witness whereof, I hereto set my hand and seal at
Greenpoint in the City of New York, on the 30th day
of December in the year of our Lord Nineteen
hundred.
THOS. C. SMITH
(In the 8th article, the word paying inserted after
“dividend”) ( In 9th Article the word “in” changed
to ‘of’ in 1st line.
Witnesses George D. Hamlin, 143 Kent St., Brooklyn
Albert L. Perry, 180 Calyer St., Brooklyn, N. Y
B. M. Richardson, 151 Milton St., Brooklyn
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WILL BOOK A, PAGE 189
WILL OF HENRY F. SNOW
In the name of God, Amen!
I, HENRY F. SNOW, of Tallpoosa , Haralson County,
and State of Georgia, being weak in body, but sound
and perfect mind and memory do make this my last
will and testament and herein dispose of all my
worldly estate in manner following, to wit:
First, I order and direct my Executrix herein named
to pay all my debts and funeral charges as soon as
may be after my death.
Second, I grant and bequeath unto my beloved Grand
Daughter of Portland Maine the sum of one thousand
dollars.
Third, I give bequeath and devise to my dear and
beloved wife, M. AUGUSTA SNOW, HER HEIRS and
assigns, all the real estate I may possess at the
time of my decease and all the rest of my estates
both Real and personal wherever situated or wherever
found of which I may be seized and possessed after
the payment of my debts and the agency aforesaid.
Fourth, I hereby nominate and appoint my wife M.
AUGUSTA SNOW as my Executrix of my last will and
testament without bond.
.....affix my seal this Nineteenth day of March in
the year of our Lord, One Thousand nine hundred and
seven.
HENRY F. SNOW (SEAL)
Witnesses: S. S. Rambo
J. L. Head
W. I. Duke
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WILL BOOK A, PAGE 136-137-138
WILL OF R. T. SPEIGHT
STATE OF GEORGIA
HARALSON COUNTY
To Honorable Thos. A. Hutcheson, Ordinary of said
County: The petition of MARY ANN SPECIGHT, a
resident of said county shows that R. T. SPEIGHT,
late of said County, died testate on the 7th day of
September 1900, owning valuable real estate and
personal property in said State. Petitioner herewith
presents the last will and testament of said
deceased and shows that she is interested in said
will.
Your petitioner shows that the following named
persons are all the heirs at law of said testator,
ALLEN SPEIGHT, POST OFFICE DELIA, GA., MARTHA T.
DAVIS, CLEBORNE COUNTY, AL., SARA JANE CORNELL,
BUCHANAN, GA., JOHN SPEIGHT, NEWSVILLE, GA., MRS.
NANCY STANFORD, BREMEN, GA., MRS. SARAH A. GRIFFIN
,-------TEXAS, MRS. ELIZABETH M STEPHENS, DRAKETOWN,
GA., JAMES SPEIGHT, BREMEN GA., CORA HOWARD, -------
ALA., AND that of said persons named, the following
are minors, CORA HOWARD AND JAMES SPEIGHT.
Petitioner Prays leave to prove said will in solemn
form, and to that end, she prays that citation do
issue to said heirs at law in terms of the statutes
for such cases made and provided, and that guardians
adlitem be appointed to represent said minors when
made parties to this proceeding by proper service.
Beall and Edwards
Petitioners Attorneys
The foregoing petition read and considered:
Ordered that Allen Speight, Martha T. Davis, Sarah
Jane Connell, John Speight, Mrs. Nancy Stanford,
Mrs. Sarah Griffin, Mrs. Elizabeth M. Stephens, Cora
Howard and James Speight do be and appear before the
Court of Ordinary to be held in and for said state
and county on the first Monday in December 1900.
Let citation issue accordingly, and be served
personally on ALLEN SPEIGHT, SARAH JANE CONNELL,
JOHN SPEIGHT, MRS. NANCY STANFORD, MRS. ELIZABETH M.
STEPHENS, AND JAMES SPEIGHT, TEN DAYS before the
said term of this Court. Let MARTHA T. DAVIS, SARAH
A. GRIFFIN, AND CORA HOWARD, NON RESIDENTS of the
State of Georgia, be served by publication of said
citationtwice a week for two months in the Tribune,
a newspaper published in the town of Buchanan, said
County.
Thos. A. Hutcheson, Ordinary
GEORGIA, HARALSON COUNTY
ORDINARY’S OFFICE, Dec. 8, 1900.
Whereas MRS. MARY ANN SPEIGHT, WIDOW of R. T.
Speight, deceased, late of said County, has applied
to me in due and legal form to prove the last will
and testament of the said R. T. SPEIGHT in solemn
form, and it appearing that Martha T. Davis, Mrs.
Sarah A. Griffin, and Cora Howard, heirs of the said
R. T. Speight reside without the limits of said
State of Georgia, be it therefore ordered that said
non-resident heirs be served by Publication as
required by law in such cases, in the Tribune a
newspaper published in said County
This 8th day of December 1900, Thos. A. Hutcheson,
Ordinary
PAGE 138 Signed, declared, and published by R. T.
Speight as his last will and testament in the
presence of us the subscribers, who subscribed our
names hereto in the presence of said testator, at
his instance and request, and of each other, he
signing in our presence , and we signing in his
presence. This May 10, 1900.
R. T. SPEIGHT
Witnesses: H. N. Easterwood
James Lynch (X his mark)
W. H. Swofford, N.P. & Exoff J. P.
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WILL BOOK A, PAGE 158-159
WILL OF ANDREW J. STEWART
STATE OF GEORGIA
HARALSON COUNTY
Too the Honorable Thos. A. Hutcheson, Ordinary of
said County:
The petition of C. B. Stewart shows that Andrew J.
Stewart, late of said county died testate in said
county on the 10th day of February 1903. Owning
real and personal property in said county.
Petitioner herewith persents the last Will and
Testament of said deceased and shows that he is
named therein as executor. Your petitioner shows
that the following named persons are all the heirs
at Law of said testator: MARY J. WILLIAMS, NANCY A.
NETTLES, ROBERT STEWART, MARTILE STEWART AND CLEO
STEWART, ALL OF POLK COUNTY, GA., AND MALINDA A.
STEWART (WIDOW) AND YOUR PETITIONER of said Haralson
County Georgia and that of said persons names
Martile and Cleo Stewart are minors.
Petitioner pray leave to prove said in solemn form,
and that letters testamentary do issue to him; and
that citation do issue to said heirs at law in terms
of the statute in such cases made and provided, and
that guardians ad litem be appointed to represent
said minors when made parties to this proceeding by
proper service.
C. B. STEWART, Petitioner
Read and considered, Ordered that MARY J WILLIAMS,
NANCY A NETTLES, ROBERT STEWART, MARTILE STEWART AND
CLEO STEWART of Polk County, Malinda J. Stewart, of
Haralson County be and appear before the Court of
Ordinary to be held in and for said county on the
6th day of April1903. Let citation issue
accordingly and be served personally ten days before
said term of court. Thos. A. Hutcheson, Ordinary
Due and legal service of the within petition
acknowledged; citation and all further service and
copies waived this 23 day of March 1903
MARY J. WILLIAMS
NANCY A. NETTLES
R. S. STEWART
MALINDA L. STEWART
I have this day served Martile Stewart and Cleo
Stewart each personally with a citation issued from
the Court of Ordinary of Haralson County, GA citing
each be and appear before said court by 10 o’clock
AM on April 6, 1903 to show cause why the will of
Andrew J. Stewart should not be proven in solemn
form and admitted to record as prayed for herein.
J. E. DEMPSEY, SHERIFF [POLK COUNTY GA]
STATE OF GEORGIA
HARALSON COUNTY IN RE.
Petition of C. B. Stewart for probate in solemn form
of the will of A. J. Stewart deceased.
And now comes Martile and Cleo Stewart, by their
guardian ad litem, Mrs. N. L. Stewart and files this
their caveat to the above stated petition and object
to the admission to record of said will and for
cause of objection say first. Said instrument is
not the will of A. J. STEWART because he did not
execute the same voluntarily and freely but was
moved thereto by some undue influence exert4ed over
him by his son C. B. Stewart
2nd. Prior to the execution of the instrument
sought to be probated as the will of A. J. Stewart,
said A. J. Stewart did execute a will but through
the undue influence exerted over him and fraud
practiced upon him by his son C. B. Stewart, the
said A. J. Stewart was influenced and induced to
make and execute the instrument now sought to be
probated as his last will.
WHEREFORE, caveators ask that the said instrument be
refused probate.
SANDERS & DAVIS
E. S. GRIFFITH
ATTYS. FOR CAVEATORS
Last WILL AND TESTAMENT OF ANDREW J. STEWART
I, A. J. Stewart of said State and County being of
sound and disposing mind and memory do make and
publish this my last Will and Testament. Item 1. I,
give and bequeath to my wife Malinda J. Stewart,
land lot no. Seventy one (71) in the seventh Dist
and 5th section of said County to be by her held and
used for her support and benefit during her natural
life or until she should marry again, in which event
this life estate shall terminate and shall be sold
by my executor and the proceeds thereof divided
equally among my heirs under the rules of
inheritance.
Item 2. Since the execution of my first will I have
paid to Mrs. Nannie J. Stewart widow of my deceased
son Jno. M. Stewart, six hundred dollars ($600.00)
to be by her held and used and expended for the use
and benefit of her two girl children Martile and
Clio according to her best judgment and discretion.
This provision having already been made and executed
the said Martile and Cleo do not participate in the
provisions of this will except as to such residue as
may arise under its provisions.
Item 3. I give bequeath and devise to my son C. B.
stewart, the entire farm where he resides including
the place where John Smith now resides and known as
the “T., S. Latham Place”: Also my home place and
all other real estate situated in the town of
Buchanan, GA. To be by him held in trust for his
children now in life and such other children as may
be born to him. His wife shall be a beneficiary
under this trust coequal with the children during
the life of my son or during her widowhood in event
of his death the trustee herein named shall have the
entire control and management of said property to be
used as his best judgment may dictate. If in his
judgment it shall be to the interest of said cestuy
que trust to sell any portion of said lands for
reinvestment, then he may do so without further
authority and such sale shall be good and valid. He
shall not be required to make annual returns as
such trustee. At the death of said trustee, the
property shall be sold and the proceeds equally
divided between the heirs of his body.
Item 4. I give, bequeath and devise to my daughter
MRS. MARY J. WILLIAMS AND MRS. NANCY A. NETTLES the
farm known as the ‘STEEL PLACE” where Connell now
resides and the farm on which Allen Bishop now
resides. This item includes the lands purchased of
R. D. Latham.
Item 5. I desire my household and kitchen furniture
disposed of as folows: My wife to have one large
metal trunk, one spinning wheel and a small rocking
chair this in addition to what she owned at the time
of our marriage. My executor will select some lady
fried of mine who will so divide the bedsteads and
bedding that each of my children and the widow of my
deceased son shall receive an equal portion. The
balance of my household and kitchen furniture to e
equally divided between my wife and children and
daughter and law.
Item 6. I want my wife to have a twelve months
support in provisions if the same shall be on hand
at my death and if not sufficient $20'00
(transcribers note: way amount was typed)
additional.
Item 7. I give, bequeath and devise to my grand-sons
ROBERT AND CALAWAY STEWART the sum of $200'00, two
hundred dollars each.
Item 8. My wife and all beneficiaries under the
will to whom property in kind is given will be given
possession with all growing or matured crops subject
to expenses of administration.
Item 9. As to all property which I may own at the
time of my death, I empower by executor to sell at
private sale if in his judgment a better sum can be
secured than at public sale and to divide the
proceeds among my heirs under the rules of
inheritance.
Item 10. I hereby constitute and appoint my son C.
S. Stewart, Executor of this my last will and
testament. I desire that he shall not make annual
returns after the first two years from his
appointment.
ANDREW J. STEWART (X HIS MARk)
Signed, sealed 6TH DAY OF April 1901
Witnesses: Jesse Beall
Chas. B. Weatherly
Price Edwards
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WILL BOOK A, PAGE 250
WILL OF SMITH STRICKLER
STATE OF GEORGIA
HARALSON COUNTY
I, Smith Strickler, of said State and County being
of sound and disposing mind and memory do make this
last will and testament hereby revoking all other
wills heretofore made by me.
Item 1. I wish my executors as soon as possible
after my death, to pay my debts.
Item 2. I give to JESSIE SHANE of Carlton, Penn.
$1.00 one dollars.
Item 3. I give HENRIETTA SHANE of Wautauga, Tenn,
$1.00 one dollar
Item 4. I give GERTIE STANTON STRICKLER, ETHEL
MAY STRICKLER, EARL ALMONT STRICKLER, and FLORENCE
MAY STRICKLER one dollar each.
Item 5. I give to my wife MARY R. STRICKLER, all of
my property both real and personal of which I die
possessed after paying my debts and funeral expenses
and the erection of a suitable monument on my burial
lot in the cemetery at Tallapoosa, GA. Upon the
condition that my said present wife MARY R.
STRICKLER shall give to me proper care and nursing
in my declining days. Should the said MARY R.
STRICKLER fail to give me proper care and nursing,
then I direct my executors to sell my propertyu, and
use all of the same not disposed of by Items 2, 3,
and 4, of this in erecting a monument on my said
burial lot, and for beautifying said lot and keeping
it in good condition. Item 6. I appoint M. J. HEAD
executor of this my last will to act without bond or
appraisement or return.
In testimony whereof, I have hereto set my hand
this12th day of August 1911.
SMITH STRICKLER
Witnesses:
J. E. HUGHIE
H. W. GILL
M. J. HEAD
Probated in common form September 12, 1913 and proceedings
recorded on First Monday minutes of the Court of Ordinary,
Book 3, Pages158
Will filed in Office for Probate September 12th, 1913 W. T.
EAVES, ORDINARY
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WILL BOOK A, PAGE 267-268
WILL OF J. J. M SUMMERLIN, DECEASED
STATE OF GEORGIA,
HARALSON COUNTY
I, J. J. SUMMERLIN, OF SAID State and County, being
of sound and disposing mind and memory, do make this
my last will and testament hereby revoking and
annulling all others by me heretofore made.
1. I direct and desire that my body be buried in a
decent and Christian like manner suitable to my
circumstances and condition in life.
2. I desiring and direct all my just debts be paid
by executor hereinafter named and appointed.
3. I hereby give and bequeath to my son HUBERT
SUMMERLIN one sorrell, white face, horse cold now
five months old.
4. I give and bequeath to my wife EMMA SUMMERLIN
all my realestate and all my personal property of
every sort whatsoever except the colt mentioned in
paragraph three. It being my intention to give my
said wife all of my property of every description
both real and personal except that set out in
Paragrph 3.
5. I hereby constitute and appoint my said wife
EMMA SUMMERLIN the sole executrix of this my last
will and testament and I expressly confer upon her
power, as such to administer my estate, excusing her
from giving any bond or making any returns to the
Ordinary, and I expressly confer upon her the full
authority and power to sell any part of said estate
at public or private sale, with or without notice
the fee simple title to all of said property to vest
in her at my death.
This August 23, 1912 J. J. M. SUMMERLIN
Witnesses: IVEY T. GOLDIN
M. BULLARD
WALTER MATTHEWS
Filed in the office on 12th day of February 1915. W. T.
Eaves, Ordinary
(The proceeding of Probating the foregoing will in Solemn
Form entered of record First Mon
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Last Will and Testament of B. F. Summerville
deceased
State of Georgia, Haralson County
This September 2nd 1908
Know all men by these presences
I B.F. Summerville with my own free will and
accord deem necessary to make a revokable the
condition that my business is in. Knowing the
uncertainty of life and the assurety of death.
In case I should die I make my wife L. L.
Summerville her to have full force of all of my
business, in first to to see that all of my
debts is paid.
Second For her to have all power to make deed
to any land that I have sold to collect any
debt or note that is coming to me so long as
she keeps her right mind and live and remain
unmarried and in case that she should lose her
mind or die then Fannie and Minnie transact
any business and have the same power she
would.
L.L. Summerville can buy or sell any part or
parts of it anything that I might have as she
thought best and use any contents for her own
abiltity. In case that she was going through
anything extravagently any of the heirs could
report to the ordinary and stop her at once.
And at her and my death Fannie should have
lot of land No. 874 1 & 4 District containing 36.
acres. And Minnie to have lots of land Nos. 872 &
870 1 & 4 District containing 22 1/2 acres more or
less said land lies in Haralson County
Then all of my property be equally divided among
all heirs at law. The land is not an equal
proportion to what I may have, divided up the
remainder to an equal share with the balance.
In case that I should live to wind up my
business and divide it up among the heirs this
will should be of no force and should be void/
I am here at my home none of my folks is
present--knows nothing about it. So I fix my
hand and seal
B. F. Summerville
Witnesses
Perry Sanders
Ida Williams
Sudie Cauthen
Dora Wood
Little Murdock
Luther Wood
Arthur Cauthen
Jesse Cauthen
Memphis Sanders
Willis Connell
This was witnessed by Wild Cat School students.
The foregoing Will filed in office Nov. 19th 1913.
W.T. Earnest, Ordinary
Proceedings to Probate recorded on First Monday Minutes "3"
page 187
W.T. Earnest, Ordinary
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WILL OF ROBERT SUMMERVILLE
State of Georgia
Haralson County
In the name of God Amen
I Robert Summerville being of advanced age
and knowing that I must shortly depart this life
deem it right and proper both as expects my
family and myself that I should make a
disposition of the property with which a kind
providence has blessed me do therefore make this
my last will and testament hereby revoking all
others heretofore made by me.
Ist Item I direct that my body be buried in
a decent and Christian-like manner suitable to
my circumstances and condition in life. My soul
I trust shall return to rest with God who gave
it as I hope for eternal salvation through the
attonement of the Blessed Lord and Saviour Jesus
Christ whose religion I have professed and I
humbly trust I have enjoyed for some time
passed.
2nd Item I desire and direct that all my
just debts be paid without delay by my
executors here after to be appointed as I am
unwilling my creditors should be delayed in
their rights.
3rd Item I give and bequeath to my beloved
wife Drucilla Summerville all my estate both
real and personal and paying my debts during her
lifetime or widowhood and at death or marriage it
is my desire that my property be sold and
equally divided between all my children.
4th Item I hereby appoint my esteemed friends
Thomas Waldrop and William Garner executors of
this my last will and testament this 18th April
1864
Robert Summerville
Signed sealed declared and published by Robert
Summerville as his last will and testament in
the presence of us the subscribers who subscribe
our names hereto in the presence of said testator
as his special instance and request and of each
other this April 18th 1864
W. M. Sockwell
J. Kirk
D. B. Head
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WILL BOOK A, PAGE 226
WILL OF J. R. THOMAS, DECEASED
STATE OF GEORGIA
HARALSON COUNTY
J. J. RILEY THOMAS, Sen. OF said State and County
and being of sound and disposing mind and memory, do
make this my last will and testament.
Item 1st. I give, bequeath and devise to my three
daughters, to wit: LOUISA THOMAS, CYNTHIA THOMAS,
AND PENELOPY THOMAS the following property to wit or
the income thereof and during the period they shall
or remain single all my personal perishable property
and also my real estate to wit, one hundred and
fifty seven acres of land consisting of Lots of land
situated in Haralson County and state aforesaid
known and distinguished by number (126) One hundred
twenty six and Number 127, One hundred Twenty-seven.
This income is intended for my three daughters above
named for a support only for the time they remain
single or while I may live and if either or any of
them should marry during the time I may live or
after my death, then this interest shall cease to
those who marry.
Item 2. Now should they all marry, I want all my
effects of whatsoever kind to be equally divided
among my lawful heirs at my death.
Item 3. I hereby constitute and appoint, A. I.
THOMAS, executor of this my last will and testament.
This 17th day of June 1892. W. M. THOMAS J. R. THOMAS, Sen.
Witnesses: Z. L. ALLEN
N. H. HUMPHRIES
J. J. GREEN
R. M. HOLCOMBE
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WILL BOOK A, PAGE 308
WILL OF MARY A. TROUTMAN
STATE OF GEORGIA
HARALSON COUNTY
I, Mary A. Troutman, of said State and County, being
of sound and disposing mind and memory, do make this
my last will and testament, hereby revoking and
annulling all others by me heretofore made.
1. I desire and direct that my body be buried in a
decent and Christian like manner suitable to my
circumstances and condition in life.
2. I desire and direct that all my just debts be
paid without unnecessary delay by my executor
hereinafter named.
3. I give, bequeath and devise to my husband P. S.
TROUTMAN, five dollars $5.00.
4. I give, bequeath and devise to my daughter
CARROLL GRIFFIN HUDGSON, of Mt. Sterling, Illinois,
five dollars $5.00.
5. I give, bequeath and devise to MRS. GEORGIA
GRIFFIN WILSON, of Casper, Wyoming, all my property
both real and personal of which I may die possessed
after paying the legacies specified in items three
and four.
6. I hereby constitute and appoint MRS. GEORGIA
GRIFFIN WILSON the executrix to this my last Will
and Testament and I expressly (etc, etc)
MRS. MARY A. TROUTMAN
Witensses:
Mrs. H. D. Tuggle
Miss Julia G. Barton
M. J. head
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WILL BOOK A, PAGES 273-274
WILL OF CLAUD ALBUN UPSHAW
STATE OF GEORGIA
BREMEN, GA.
HARALSON CO.
I, CLAUD ALBUN UPSHAW, 54 years of age being of
sound mind and body do hereby create this my last
will and testament.
I hereby bequeath to my two sons W. A. UPSHAW AND R.
B. UPSHAW my two story frame dwelling on BRYANT ST.,
BREMEN, GA. With all the furniture, carpets, rugs,
bedding, china, silver, cut-glass, and such other
furnishings as are therein, or owned by me at any
other place, as their undivided interest in my
estate.
To by granddaughter ADVIAN UPSHAW, daughter of R. B.
Upshaw, I will and bequeath my Harvard upright
piano.
To my mother, MRS. SALLIE E. ATWELL, I will and
bequeath three shares of stock, valued at $108.00
per share in the Farmers Bank at Bremen, Georgia.
To my son R. B. UPSHAW I will and bequeath the
unpaid notes against G. P. HODNETT, now in the hands
of W. G. POST, ATTY., NEWNAN, GA. Any and all other
property, real or personal not herein mentioned I
hereby will and bequeath to my sons W. A., AND R. B.
UPSHAW.
I also will that W. A. UPSHAW and R. B. UPSHAW
execute this will without any cost whatsoever to the
estate, and that out of any funds I may have all my
indebtedness if there be any, be paid.
After the death of my mother I hereby will and
bequeath to the legal heirs of W. A., & R. B.
UPSHAW, the home she now occupied 18 STEWART ST.,
CARROLLTON, GA to be either held in trust or sold
and divided equally between them by the above
mentioned executors.
Signed by my hand this February 13, nineteen Hundred
and Fourteen.
CLAUD ALBUN UPSHAW
WITNESSES: W. A. Duncan
G. L. Suggs
J. H. Shelnut
Filed in office May 11, 1915 W. T. Eaves, Ordinary
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- V -
WILL BOOK A, PAGE 210-211
WILL OF SARAH B. VERY
STATE OF GEORGIA
HARALSON COUNTY
I, SARAH B. VERY, of said State and County, being of
sound and disposing mind and memory do make this my
last Will and Testament.
Item First. I give, bequeath and devise to my
husband MILES T. VERY, the use during his natural
life of all property both real and personal of which
I may die possessed. Said MILES T. VERY shall not
have the right to dispose of any of said property
nor to in any manner incumber same and shall keep
same in good repair natural wear and tear excepted.
Item Second. I give bequeath and devise to our two
children, ERNEST F. VERY AND MABEL GERALDINE
RUSSELL, share and share alike all my property, both
real and personal of every name and nature of which
I may die possessed, but it to be strictly
understood that this bequest is subject to the
provisions of Item Fist, in other words my said
husband shall have the use of all such property free
of rent, during his natural lifetime as provided in
said First Item.
Item Third. I hereby constitute and appoint my son
ERNEST F. VERY, executor of this my last will and
testament and I hereby direct that my said executor
shall not be required to give any bond whatsoever in
the matter, and further that he shall have the right
to sell any or all of said property, either at
public or private sale as he may deem proper. Said
executor shall, however, not sell any of said
property until after the death of said MILES T.
VERY.
Witness my hand and seal at Tallapoosa, Ga. This
12th day of April, 1906.
SARAH B. VERY, L. S.
Witnesses: Isabel A. Colby
George F. Snyder
A. V. Howe
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- W -
WILL BOOK A, PAGE 103-104
(DUPLICATED ON PAGE 106)
WILL OF AARON WEATHERBY COMMON FORM
STATE OF GEORGIA
HARALSON COUNTY
I, AARON WEATHERBY, of said county being of sound
and disposing mind and memory do make this my last
Will and Testament.
Item First: I give and bequeath to my children
REBECCA LANGLEY, SARAH ANN HARPER, ISBELL JEFFERST,
LOUIZE MALINDA ALDRIDGE, CHARLOTT MORGAN, MATHEW W.
WEATHERBY, who are now in life and DARTHA JACKSON,
ISAAC WEATHERBY AND JAMES E. F. WEATHERBY, my grand
children who are the children of my oldest son
EDMUND J. WEATHERBY and to my wife FRANCIS MAY JANE
WEATHERBY all of my property both real and personal
of whatever kind or description, the said DARTHA
JACKSON, ISAAC WEATHERBY AND JAMES E. F. WEATHERBY
grandchildren receiving only the one share; that of
their deceased father EDMUND WEATHERBY. This bequest
is made to my wife FRANCIS MAY JANE WEATHERBY in
lieu of dower, but it is my will that she shall
receive a reasonable twelve months support after my
death. _ _ _ _ __ _ _ (line of dashes)
Item Second: I hereby constitute my son Mathew W.
Weatherby, executor of this my last will and
Testament
This June 21st, 1889. Ss: AARON WEATHERBY
Signed, declared and published by Aaron Weatherby as
his last Will and Testament in the presence of us
the subscribers who subscribe our names hereto in
the presence of said testator at his instance and
request, and of each other he signing in our
presence and we signing in his.
R. E. LOVELESS
J. K. HOLCOMBE, JR
PRICE EDWARDS
STATE OF GEORGIA
HARALSON COUNTY
I, J. K. Holcombe, do solemnly swear that I as well
as R. E. Loveless and Price Edwards saw the within
named Aaron Weatherby sign and publish the within
paper as his last will and testament that I
subscribed the same as a witness thereto at the
special (blank space) and request of the said Aaron
Weatherby and in his presence as did R. E. Loveless
and Price Edwards, that the said Aaron Weatherby
signed the same freely and voluntarily and was at
the time of such signing of sound and disposing mind
and memory.
Ss: J. K. Holcombe, Jr.
Sworn to & Subscribed
before me Jany 8th, 1894 Joe W. Kelley, Ordinary
WILL BOOK A PAGE 106 - Proven in Common Form January 8,
1894, Joe W. Kelley, Ordinary
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===============================================================
WILL BOOK A, PAGE 241-242
WILL OF LOCKIE WESTBROOK
STATE OF GEORGIA
HARALSON COUNTY
Know all men by these presents, that I, LOCKIE
WESTBROOK, being of sound and disposing mind and
memory, do make this my last will and testament
hereby revoking all heretofore made by me and I now
hereby dispose of my property of which I may die
seized and possessed as follows to wit:
First: I desire and hereby direct that my body shall
be buried in a respectable and decent manner.
Second. I give and bequeath to my daughter MRS.
SARAH R. MORGAN, one third of the real estate which
I may die possessed and one third of any personal
property, money , notes and accounts of which I may
die possessed. Said real estate consisting of about
six hundred and seven acres of land, except about
seventy five acres hereto fore sold to CHAMPION
ALLEN. Said land being in land Lots numbers 219,
254 and 255 in the 8th district and 5th section of
said county of Haralson.
Third. I also give and bequeath unto MRS. WILLENA
S. STRIPLING one third of all the aforesaid real and
personal property, money, notes and accounts.
Fourth. I also give and bequeath unto the children
of my deceased daughter MRS. SUSAN ELIZABETH LEE a
like one third of all my said real and personal
property, money, notes and accounts.
Fifty. It is will that the aforesaid property,
money, notes and accounts shall be collected and
divided in the manner aforesaid in kind if it can be
done equitably and justly to the said devisees, but
if such divisions cannot be so made, then it is my
wish that my executrix shall sell all said and
divide the proceeds thereof together with any other
money or collections that there may be and divide
the same in the manner before stated and first
herein provided for.
Sixth. I hereby appoint the said WILLENA S.
STRIPLING executrix of this my will and she shall
not be required to give bond as such executrix.
In witness whereof I have hereto set my hand and
affixed my seal this May 15, 1896.
LOCKIE WESTBROOK
Witnesses: S. L. Hilton
J. T. Mauk
A. N. McBride
J. H. Harrison
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Will Book A Page 65-66-67
WILL OF JAMES WESTBROOKS
State of Georgia
Haralson County
In the name of God, amen.
I, JAMES WESTBROOKS, of the County of Haralson and
State of Georgia, being of sound and disposing mind
and memory and being desirous to settle my worldly
affairs while I have strength to do so, do make and
publish this my last Will and Testament hereby
revoking all wills by me heretofore made, and first
I commit my soul to God who gave it and my worldly
estate I dispense of as follows:
Item 1st.... I hereby bequeath to LOCKIE WESTBROOKS,
my wife, all my lands, money, notes accounts, bonds
and other things of value except my interest in lots
of land number two hundred and three (203), two
hundred and twenty two (222) containing 125 acres
more or less. All of land in original 8th Dist. And
5th Section of Carroll, now Haralson County. Which
land she is to have and use until her decease then
the same land known as the Stewart Place, I bequeath
to T. M. B. STRIPLING, my stepson who now resides on
the same bequeathing the privilege to him to clear
and use for his own use free from rent, and
privileges to (the use) of all necessary privileges
for his convenience.
In witness whereof I the said JAMES WESTBROOKS to
this my will consisting of one sheet of paper, set
my hand and seal this the 12th day of May 1885.
JAMES WESTBROOKS
Signed, sealed, published and declared by the above named
JAMES WESTBROOKS as his last Will and Testament in the
presence of us before signing.
Witnesses: L. M. Speights
Champion Allen
J. D. Speights
I hereby appoint LOCKIE WESTBROOKS , my wife, and T. M. B.
STRIPLING, my stepson as Executors of the within will. This
May 12th, 1885. ss/ JAMES WESTBROOKS
Witnesses: L. M. Speights
Champion Allen
J. D. Speights
Sworn statement of Witnesses
Sworn statement of T. M. B. Stripling
Presented for Probate: November 3rd, 1885, F. R. Smith,
Ordinary
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WILL BOOK A, PAGE 283-284
WILL OF W. W. WHEELER
STATE OF GEORGIA,
HARALSON COUNTY
I, W. W. Wheeler, of said State and County, being of
sound and disposing mind and memory do make this my
last Will and Testament, hereby revoking all wills
heretofore made by me.
Item 1. I will that my executor as soon as possible
after my death pay my just debts.
Item 2. I will to my beloved wife, MARTHA BE.
WHEELER, a house and lot of the value of Eight
Hundred Dollars ($800.00) to be hers as long as she
lives widow but in case she marries again then I
will that said house and lot to be sold by my
executor and the proceeds to be divided as here and
after described:
Item 3. It is my will that RASTERS BENTON and WILL
THOMPSON her half brother and brother shall not be
allowed to live in the above described house.
Item 4. I wish my executors after my death to sell
all my property both real and personal except house
and lot described in Item 2. If I own such house and
lot at my death and I am out money and pay interest
on said money to MARTHA B. WHEELER as she needs it
for her support as long as she lives or remains a
widow, but at her death, or when she remarries, then
wish my executors to sell all my property and take
all money on hand and divide it equally among my
five children:VIZ . EUNICE HOUSEWORTH, MARY POWELL,
WILLIAM WHEELER, THOMAS TYLER WHEELER AND C. W.
WHEELER.
Item 5. My Son J. H.
WHEELER having already
received his part of my estate.
Item 6. I hereby appoint
B. C. POWELL AND
YOUNG HOUSEWORTH executors of this my will and
testament
In testimony whereof I have set my hand and seal
this the 30th day of April 1914.
W. W. WHEELER
Witnesses: T. G. Powell
A. C. Marchman
W. J. Hall, JP
Filed in Office March 2, 1916 W. F.
Edwards, Clk, Court of Ordinary
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WILL BOOK A, PAGE 207-208
WILL OF MRS. H. V. WHEELER
STATE OF GEORGIA
HARALSON COUNTY
I, MRS. H. V. WHEELER, of said Sate and County,
being of sound and disposing mind and memory do make
this my last Will and Testament hereby revoking all
wills heretofore made by me.
Item 1. I wish my Executrix as soon as possible
after my death, to pay my debts, if any be owing.
If a sale of property be necessary , I wish here to
select for sale that which can be most
advantageously used for that purpose; and I
authorize her to sell the same at public or private
sale, as she may see fit.
Item. 2. I give to my beloved daughter MARY H.
WHEELER my home in the City of Tallapoosa GA where I
now reside, being Lot No. 20 (20) and (22) Twenty-
two in Block No. (40) Forty
Item 3. I give also to my beloved daughter MARY H.
WHEELER my certificate of deposit issued to me by
the Banking House of Georgia L. Burrows & Company of
Saginaw Michigan.
Item 4. I desire that my said daughter MARY H.
WHEELER. Furnish here father BRAYTON WHEELER a home
with her as long as he wishes one.
Item 5. I do hereby appoint my daughter MARY H.
WHEELER Executrix of this my will.
In testimony whereof, I have set my hand this 11th
day of June 1903.
MRS. H. V. WHEELER
Witnesses:
H. H. Bonner
U. G. Brock
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M. J. Head
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STATE OF GEORGIA
HARALSON COUNTY
WILL OF BENJAMIN W. WHITTON
I, Benjamin W. Whitton, of said State and County
being of sound and disposing mind and memory do make
and publish this my last Will and Testament
Item 1. I will that all my just debts be paid in
full.
Item 2. It is my will that my beloved wife SARAH
JANE WHITTON have an possess all of my property both
real and personal during her natural life or
widowhood to be by her held and used for her support
and benefit. If the income from all my property
should not be sufficient for her ample support then
and in that event she is given full and ample power
to dispose of such property as will be sufficient
for her support.
Item 3. At the death of my wife it is my will, that
all my property be sold by my Executor according to
law and the proceeds thereof divided among my heirs
under the rules of inheritance.
Item 4. I hereby constitute and appoint my son-in-
law R. H. HALLMAN executor of this my last will and
testament.
B. W. WHITTON
Witnesses: W. F. Goldin
J. C. Chance (x his mark)
Price Edwards
July 16, 1906.
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STATE OF GEORGIA
HARALSON COUNTY
WILL OF BENJAMIN W. WHITTON
I, Benjamin W. Whitton, of said State and County
being of sound and disposing mind and memory do make
and publish this my last Will and Testament
Item 1. I will that all my just debts be paid in
full.
Item 2. It is my will that my beloved wife SARAH
JANE WHITTON have an possess all of my property both
real and personal during her natural life or
widowhood to be by her held and used for her support
and benefit. If the income from all my property
should not be sufficient for her ample support then
and in that event she is given full and ample power
to dispose of such property as will be sufficient
for her support.
Item 3. At the death of my wife it is my will, that
all my property be sold by my Executor according to
law and the proceeds thereof divided among my heirs
under the rules of inheritance.
Item 4. I hereby constitute and appoint my son-in-
law R. H. HALLMAN executor of this my last will and
testament.
B. W. WHITTON
Witnesses: W. F. Goldin
J. C. Chance (x his mark)
Price Edwards
July 16, 1906.
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WILL BOOK A, PAGE 70
AGREEMENT C. E. CARMICHAEL/ H. C. WILLIAMS
STATE OF GEORGIA
Articles of Agreement between H. C. Williams as
Executor of the last will and testament of James H.
Williams late of said County deceased on the one
part and C. E. CARMICHAEL of Henry County and State
aforesaid one of the heirs of the said JAMES H.
WILLIAMS OF THE other part Witnesseth that whereas
there is some dissatisfaction in regard to the Will
of the said James H. Williams and whereas it is the
desire of all the heirs and the executor that there
be no litigation about said Will, it is therefore
agreed that the said H. C. Williams execute said
will as to the specific legacies and that he sell
the undisposed of property and distribute the
proceeds equally between all the heirs of the said
James H. Williams and I the said C. E. CARMICHAEL do
agree to abide said Will as to the specific legacies
and an equal distribution of the undisposed of
property and sustain the said H. C. Williams in the
execution of the same both now and forever. In
testimony whereof I the said C. E. CARMICHAEL have
hereunto set my hand and seal this November 25,
1893. SS;
C. E. CARMICHAEL
tEST: Z. T. Williams and Josephine L. Lovvorn
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WILL BOOK PAGE 16-17
WILL OF JAMES H WILLIAMS
I James H Williams of said State and County being
of advanced age and knowing that I must shortly
depart this life deem it right and proper that I
should make a distribution of the property with
which a kind Providence has blessed.
I therefore make this my last will and testament
hereby revoking all former wills made by me.
Item 1st....I resign my spirit to God who gave it.
Item 2nd...The following land which I now describe
in this will is all situated in the 7th District of
original Carroll now Haralson County.
Item 3rd... I give and bequeath to Daughter C. E.
Carmichael lot number one hundred and ninety six
containing two hundred two and one half acres more
or less. Item 4th... I give and bequeath to my
daughter Mary A. Cox lot of land number one hundred
and ninety seven containing two hundred two and one
half acres, more or less
Item 5th... I give and bequeath my son Z. T.
Williams Lot of land number one hundred and eighty
containing two and one half acres more or less.
Item 6th... I give and bequeath to my daughter Ann
Elizabeth the west half of lot number one hundred
and forty six and the east half of One hundred forty
five containing in the aggregate two hundred two and
one half acres more or less.
Item 7th.. I give and bequeath to my daughter
Josaphine all that portion of Lot number one
hundred and sixty eight which is situated west of
the Bowden and Buchanan Road, and the west half of
lot number one hundred and forty five containing in
the aggregate two hundred and fifty acres more or
less.
Item 8th....I give and bequeath to my son Samuel
Williams, lots of land number one hundred and three
and two hundred and sixty six containing four
hundred and five acres more or less and one gray
horse and to the said Josaphine and my wife E. C.
Williams I give all my growing crop of every
description. and all stock of hogs to them jointly
and all my farming utensils.
Item 9th....I appoint my son Henry C. Williams sole
Executor to this my last will and testament. And if
I have any other property not enumerated in this
will, that my executor dispose of it as he may
think best for the legatees and I desire that my
executor have this will admitted to record and that
he be required to no other return but that each
legatee receive their portion.
Signed and published by James H. Williams as his last will
and testament in our presence as witnesses thereto this 18th
day of
August 1873.
JAMES H WILLIAMS
TEST: M. J. Holden
Thomas J. Bryce
(includes sworn statement by witnesses): Recorded this
September 1, 1873, by David Bowling, Ordinary
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WILL BOOK PAGES 55-56-57
WILL OF WYATT N. WILLIAMS
STATE OF GEORGIA
HARALSON COUNTY
I, WYATT N. WILLIAMS, of said state and county,
being of sound and disposing mind and memory do make
this my last Will and Testament.
Item 1.....I give bequeath and devised to my wife
MARY WILLIAMS and my daughters PRISCILLA E, LOUIZA,
DELLA J. S., DELA AND MARY J. WILLIAMS the following
property, to wit, Lots of land No., 73 & 1/2 of Lot
79, 7th Dist, 5th Sect. Lots no. 813, 816, 890,
891, 887 & ten acres more or less of 961 lying North
of Tallapoosa River, 20th Dist., 3 Sect 683 - 1st
Dist and 4th Sect. also town lots in the town of
Buchanan said State and County, to wit, Lots No. 70,
71, 76, 77, 61, 62, 52, 53, 54, 56, 34, 35, 36,
30and 50 & 51. Known as the Brock place. Also all
my household and kitchen furniture and all my stock
of all kinds and plantation and mechanical tools,
also all debts due me from all persons whatever
said sums of money or the interest on the same to be
used to pay the Tax on the above described property
and to educate said daughters and HESAKIAH WILLIAMS,
my son. All the above real estate to remain
undivided until MARY J., BECOMES eighteen years old
and then all the above named property except said
sums set apart for the support and education of the
children aforesaid to be equally divided among the
said PRISCILLA E, LOUIZA, DELLA J. S., DELA AND
MARY J. This bequest free from all charge or
limitation whatever, to their own proper use benefit
and behoof. The use of said property given to my
wife MARY WILLIAMS in lieu of whole dower.
Item 2....I give bequeath and devise to MARY
THOMPSON, Lots of Land No. 819 and all of Lot No.
884 lying west of Tallapoosa Rever 20th Dist, 3rd
Sect. Land being sold to N. E. BROWN for eight
bales of cotton and he holds my bond for titles. If
said BROWN should pay to the said MARY THOMPSON said
purchase money, in cotton then said MARY THOMPSON is
to make to said BROWN A title to said land, and on
failure to pay said cotton, said BROWN is to pay
rent on said land to said MARY THOMPSON, my
daughter/
Item 3rd...I give bequeath and devise to my sons
MANSEL, WILLIAM M. & JONATHAN WILLIAMS and my
daughter JANE BURNS, lot of land No. 14 - 7th
Dist, 5th Sect. Also one steam engine and saw mill.
Item 4...I give bequeath and devise to my son WYATT
WILLIAMS lots of land Nos. 759, 832 - 1st dist.,
4th Sect. said County. Said land to be held in trust
by the said WYATT for his legally begotten heirs.
Item 6....I give bequeath and devise to my daughter
ALDORA SIMPSON and the heirs of her body, lots of
land No. 880- 1st Dist., 4th Sect. and forty acres
of Lot No. 146- 7th Dist, 5th Sect. all the land
described in the above and forgoing lies in Haralson
County, Georgia (Note: Item 6 to be read after the
one below)
Item 5.... I give bequeath and devise to my sons
BERRY WILLIAMS AND HESAKIAH WILLIAMS, Lots of land
No. 171 and one half of lot No. 170 7th Dist., 5th
Sect. and the mill and gin and all appurtenances
these unto belonging, except the use of said mill
and gin to grind and give for the use of said mill
and gin to grind and gin for the persons named in
the first item of this my will to be free.
Item 7...I hereby constitute and appoint my son
WILLIAM M WILLIAMS Executor of this my last Will and
Testament this the 23rd day of DECEMBER 1884.
W. N. WILLIAMS
Witnesses: T. J. Loveless
A. J. Stewart (X his mark)
H. C. Head
(Sworn statement of witnesses)( January 31, 1885, Miles
Edwards, Ordinary)
(Probated February 2, 1885, Miles Edwards, Ordinary
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WILL BOOK A PAGE 89-90-91-92
WILL OF ABSALOM WILSON
(AND CHANGE IN WILL)
STATE OF GEORGIA
HARALSON COUNTY
I, ABSALOM WILSON, OF SAID STATE AND COUNTY being of
and disposing mind and memory make this my last Will
and Testament
Item 1st....... I give to my wife NANCY J. WILSON,
all my lands and stock of all kinds . Also all my
household and kitchen furniture to have full control
of the same during her natural life.
Item 2nd..... In the even that any of my four
children that is with me now shall remain single
until and after my wife’s death, they shall have
full control of said lands and the proceeds thereof
so long as they remain single and they shall divide
proceeds of said land equally.
Item 3rd.... If all my single children shall marry,
I want all of my lands and stock of all kinds to be
divided equally between all of them.
Item 4th .... I wish my Executors as soon as
possible after my death to pay my debts.
Item 5th.... I do hereby appoint my sons E. C.
WILSON, W. E. WILSON AND J. T. WILSON, executors to
this my last Will and Testament.
In Testimony whereof I have hereto set my hand this
April 15th, 1890. Ss: Absalom Wilson
Witnesses: F. R. Smith, W. A. Mccalmon, A. J. Mcbride
CHANGE IN WILL OF ABSALMON WILSON
I, ABSALMON WILSON, of said state and county having
on the 15th Day of April 1886 made a Last Will and
Testament and witnessed by F. R. Smith, W. A.
Mccalmon, and J. M. McBride on the 15th day of April
1886 and now being of sound and disposing mind and
memory, do hereby make a change in said will.
Item 1st.....In the event that J. A. ATKINSON should
pay my son W. E. Wilson, eighty five dollars due him
and my son J. T. WILSON, one hundred and ten dollars
due him then an equal division shall be had as set
forth in said will and in case said amounts should
not be paid as aforesaid, said W. E. and J. T.
WILSON shall have said amounts due them out of the
distributive share of my daughter R. C. ATKINSON
this 21st day of March 1890.
Ss: Absalmon WILSON
Sworn statement of witnesses: F. R. Smith, S. M. Davenport,
M. W. Weatherby
Sworn statement of witnesses: F. R. Smith, W. A. McCalmon,
J. M. McBride, October 6, 1890
Sworn statement of Executors: John T. Wilson, E. C. Wilson,
W. E. Wilson
Presented for Probate, October 6th 1890
Signed and approved for the January Term 1891 and we find
the book neatly kept.
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Will book A, PAGE 176-185
WILL OF DAVID C. WINEBRENER
(This is the will leaving an extensive estate, part
of which I assume was in Haralson County, probably
Tallapoosa Probably purchased during the Boom years
when Tallapoosa was advertised nationwide as a
resort/spa area). No specific mention is made in the
will of any property in Georgia. There is a David D.
Winebrener
listed on the 1900 Census for Fredrick County MD)
I, David C. Winebrener, of FREDRICK COUNTY, in the
state of Maryland
Son: D. Charles Wienbrener
Grandson: James H. Gambrill III
Grandaughter: Susan May Gambrill
Grandson: David C. Winebrener
Grandson: Phillip Ritchie Winebrener (bequeathed cane owned
by David C. Winebrener’s Grandfather Phillip Winebrener
Daughter: Grace Winebrener Trial
Deceased Daughter: Susan May Gambrill
Son-in-law: James H. Gambill, Jr.
Friend: Joseph D. Baker
14th Day of October 1903
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WILL BOOK A, PAGE 40-41-42
WILL OF A. D. WOODS
STATE OF GEORGIA
HARALSON COUNTY
In the name of God, Amen!
I, A. D. Woods, of said State and county being an
advanced age but sound and disposing mind and memory
knowing that I must shortly depart this live deem it
right and proper both as respects my family and
myself that I should make a disposition of the
property with which a kind Providence has blessed
me. I therefore make this my last WILL AND TESTAMENT
, hereby revoking and annulling all others by me
heretofore made.
First, I desire that my body be buried in a decent
and Christian like manner suitable to my
circumstances and condition in life, my soul I trust
shall return to rest with God who gave it as I hope
for salvation through the merits and atonements of
the blessed Lord and Savior Jesus Christ.
Secondly, I will and bequeath to my beloved wife
ELLENDER WOODS all my town property in the Town of
Buchanan said County and State. I further will that
on or after the 15th day of November my tools, Broad
Ax, Augers, Plains etc. be sold and further that
said Ellender have my Buggy now under repair during
her natural life or widowhood.
Thirdly. I will and bequeath that the following
Lots of Land To Wit. No 662; 663, Dist 20 Section 3,
610-Dist 1, Section 4, one half interest in Lots No.
369 -368 - 445 Dist 1 Section 4 be sold at public or
private sale by my executor hereinafter appointed.
Fourthly, I hereby Ordain constitute and appoint H.
C. HEAD MY TRUE and lawful Executor according to the
laws of this State.
Fifthly, I will that my Executor correspond with my
attorneys in Texas in regard to my legacy in the
David Moses Estate.
Signed, sealed, declared and published by A. D.
Woods as his last will and testament in the presence
of the undersigned who subscribed our names hereto
in the presence of said testator at his special
instance and request and in the presence of each
other
A. D. WOODS
Witnesses:
T. P. Moore
Cornelius Munroe
Grace Weatherby
Sworn statement of witnesses dated November 1, 1880
Presented for Probate: Will of Abraham D. Woods, late of
said county, deceased presented on November 1, 1880
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WILL BOOK A, PAGE 99-100-101
WILL OF MRS. S. A. E. F. YOUNG
STATE OF GEORGIA
HARALSON COUNTY
I, S. A. E. F. YOUNG, of said State and County being
of sound and disposing mind and memory do make this
my last Will and Testament.
Item First: I direct that my real estate be sold and
all my individual debts be paid out of the proceeds
of the same.
Item Second: I give, bequeath AND devise to my three
youngest children; B. L. YOUNG, M. J. YOUNG AND F.
L. YOUNG, four hundred ($400.00) each after my debts
are paid provided my property brings that amount.
If my property does not bring that amount then the
balance whatever it may be after my debts are paid,
I direct to be equally divided between my said three
youngest children and if my property not otherwise
disposed should bring more than said amount
bequeathed to my said three youngest children then I
direct the balance be equally divided among all my
children.
Item Third: I give bequeath and devise to my
daughter F. V. KEELER, my small black cow
Item Fourth: I direct that my black yearling be sold
and the proceeds appropriated to my burial expenses.
I further direct that the accts due me be collected
and the same be appropriated to my burial expenses.
Item Fifty: I direct that my daughter M. E. HEAD and
F. V. KEELER take my three youngest children B. L.
YOUNG, M. J. YOUNG AND F. L. YOUNG, and take care of
them until they become of age this August 10th,
1892. Ss; S. A. E. F. (X HER MARK) YOUNG Signed
sealed and published by S. A. E. F. Young as her
last will and testament in the presence of us the
subscribers who subscribed our names hereto in the
presence of said Testator and of each other. She
signing in our presence and we signing in her
presence. John T. Cobb
A. D. Whitton E. S. Griffith
STATE OF GEORGIA HARALSON COUNTY I, S. A. E. F.
YOUNG of said State and County being of sound and
disposing mind and memory do make this codicile to
my last Will and Testament. I hereby constitute and
appoint my son-in-law M. J. HEAD Executor of my Last
Will and Testament, August 10th, 1892. (Her mark)
S. A. E. F. YOUNG Witnessed: W. H. Stewart Albert
Smith E. S. Griffith To S. M. Davenport, Ordinary of
said County.
The petition of M. J. Head shows Mrs. S. A. E. F.
Young late of said county departed this life on the
____day of _________1892. After having made her
last will and testament wherein your petitioner is
nominated the Executor. Your petition produces said
will in court and prays that the same may be
admitted to record upon the proof thereof in common
form and that letters testamentary issue to him in
terms of the law.
M. J. HEAD, PETITIONER
Sworn statement of witnesses. January 2 1893
Presented for probate January 1893 dated January 2nd 1893
Authorization from court to carry out will address to M. J.
Head, January 9, 1893
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