Will of Louise Gargett, Bay County, FL File contributed for use in the USGenWeb Archives by: Judi Z. Gharst, (JGharst@bellsouth.net). USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or publication by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ****************************************************************************************** Louise Gargett to James Gargett (WILL) I Louise Gargett of the village of Alma, in the county of Gratiot and State of Michigan do make, publish and declare this my last will and testament in manner following toweit: First, I hereby direct and enjoin that all my just debts and funeral expenses be paid in full. Second, All the rest residue and remainder of my property both real personal and mixed, I give, bequeath and devise to my beloved husband James Gargett, to have hold and use without impeachment for waste for and during the term of his natural life hereby giving and granting to my said husband full power to lease mortgage or sell in fee simple or otherwise the said property so bequeathed and described herein and devised to him if it shall become neccessary for his support and maintenance the fact of such neccessity to be decided by him. This bequeath and devise is nevertheless upon the conditions following viz First-my said husband shall accept the administration of this my last will and testament and carry out all the provisions thereof Second-my said husband shall provide for the support and mantenance of my beloved daughter Minnie L. in such way and manner as he sall deem best and, Third-my husband shall out of my effects enclose my burial lot with a suitable fence or hedge, and erect a family monument thereon, upon which shall be inscribed the names of our departed loved ones and designate their final resting place. Third, From and after the death of my husband I give and bequeath and devise all my said property and estate hereinbefore bequeathed and devised to him, and which shall be then left remaining to my said daughter Minnie L. to have and to hold, to herself and her heirs forever. Lastly, I hereby nominate and appoint my said husband James Gargett Executor of this my last Will and testament hereby giving and granting to him full power to lease mortgage or sell any or all such real estate and personal property as may become necessary for the purpose of carrying out the provisions of this my said last will and testament. And I further direct that my said executor shall not be required to give any bond or bonds in the settlement of my said estate nor shall he be required to make out or file inventory or appraisal of my said property and estate or of any part thereof and I further direct and declare my will to be that under no circumstances shall my husband be called to account by or be subject to account to my said daughter or to any of her heirs assigns or successors in internest but that in all dealings and transactions between my said husband either when acting as executor or otherwise and my said daughter, the wishes and judgement of my said husband shall be final and binding upon my said daughter and her heirs representatives and assigns and In testimoney whereof I have hereunto set my hand and seal this twelfth day of March A. D. 1877. Louise Gargett Seal) The above instrument consisting of two sheets was at the date thereof signed sealed, published and declared by the said Louise Gargett as and for her last will and testament in presence of us who at her request and in the presence of each other have subscribed our names as witnesses hereto. Chas W Silkey, Residing at Alma Mich Laura E Detwiler Residing at Alma Mich S. D. Detwiler Certificate of Probate of Will ________________________ State of Michigan County of Gratiot At a session of the Probate Court, for the county of Gratiot holden at the Probate Office in the Village of Ithaca on Monday the 13th day of August in the year one thousand eight hundred eighty eight Present, James Paddock, Judge of Probate. In the Matter of the Estate of Louise Gargett Deceased. This day having been assigned by the Court for hearing the petition of James Gargett praying amongst other things for the Probate of the Instrument heretofore filed in this Court, porporting to be the last Will and Testament of said deceased, now come into court the said Petitioner James Gargett. And it appearing to the Court by due proof on file, that a copy of the Order of this Court, touching the hearing of said petition made on the 8th day of May lasst past, has been duly published as therein directed, whereby all parties interested in the premises, were duly notified of said hearing, whereupon the hearing upon said petition was adjourned from time to time by consent of parties in interest to the 13th day of August 1888 and, Whereupon Laura E and S D Detwiler the subscribing witnesses to said instrument appeared in Court, and made oath that they saw the said Louise Gargett at Alma in said County of Gratiot sign, seal and heard her publish and declare the said instrument to be her last Will and Testament and Laura E. and S. D. Detwiler subscribing witnesses at the same time, attested the same, and subscribed thier names as witnesses thereto, in the presence of each other, and of the Testator and at her request, and that she was then, according to the discernment of said witnesses of sane mind. And it Further Appearing that said Louise Gargett last dwelt and had her residence in, and was an inhabitant of Alma in said County and died in Florida. And the Evidence touching the premises naturely considered and it satisfactorily appears to this Court, that said instrument is duly proved, and ought to be allowed as the last Will and Testament of said deceased; and that the same be recorded as required by law. And it is Further ordered, Adjudged and Decreed, by this Court that said Instrument be approved, allowed, established and have full force and effect, as the last Will and Testament of said deceased; and the the same be recorded as required by law. And it Further Ordered, that the execution of said Will be committed, and the Adminstration of the Estate of said deceased be granted to said James Gargett the Executor in said Will named, who is ordered to give bond in the penal sum of One Thousand dollars, with sufficient sureties, as required by the Statute in such case made and provided; and upon the same being duly approved and filed that Letters Testamentary do issue in the premises. James Paddock, Judge of Probate ________ State of Michigan County of Gratiot Be it remembered; That the annexed instrument, being the last Will and Testament of Louise Gargett late of Alma in said County, deceased, was duly approved, approved, allowed, and ordered to be recorded, as more fully appears by the decree of said Court, of which the foregoing is a true, full and correct copy. Witness Whereof, I have hereunto set my hand and affixed the seal of said Probate Court at Ithaca in said County, this 13th day of August in the year one thousand eight hundred and eighty eight. James Paddock, Judge of Probate (Seal) ______________________________ Exemplification of Record State of Michigan County of Gratiot Probate Court for said County. I Millie Paddock Clerk of the Probate Court for said County, do hereby certify that I have compared the foregoing copy of last Will and Testament and Certificate of Probate, Estate of Louise Gargett deceased, with the original record thereof, now remaining in this office, and have found the same to be a correct trancript therefrom, and of the whole of such original record. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said Probate Court at Ithaca, this 27th day of August 1888. Millie Paddock, Clerk of Probate Court (Seal) ________________________ State of Michigan County of Gratiot Probate Court for said County. I James Paddock, sole Judge of the Probate Court aforesaid, do hereby certify that Millie Paddock who signed the foregoing certificate, is Clerk of the Probate Court for said County, and that the foregoing exemplification of record is authenticated in due form. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the said Probate Court, at Ithaca, this 27th day of August 1888. James Paddock, Judge of Probate (Seal) Filed for record and recorded this 5th day of February A. D. 1898. W. B. Lassitter, Clerk Ct. Ct. State of Florida, County of Bay. I hereby certify that the foregoing is a true and correct copy of the original as recorded on pages 437 and 440, inc., Deed Book U, of the Washington County Records. H. A. Pledger, Clerk Circuit Court Bay County Court House Records, Panama City, Bay County, Florida Deed Book G Page 192-195