Baker County, Georgia - Wills Martin W. Stamper 1868 Submitted by Debra Boswell http://www.genrecords.net/emailregistry/vols/00010.html#0002467 ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation 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. http://www.usgwarchives.net/ *********************************************************************** Georgia Baker County In the name of God Amen, I M. W. Stamper of said state and county being of advanced age and knowing that I must shortly die deem it right and proper both respects myself and family that I should make disposition of the property and estate that I may have at my death and that I have at present therefore make this my last will and testament revoking all other wills heretofore made by me. Item 1st: I think it unnecessary to say what shall be done with my body that I leave with such friends as I have in the world. Item 2nd: I desire all of my just debts to be paid as soon as possible consistent with the interest of my estate. Item 3rd: As for my worldly effects - I dispose of them as follows hereinafter written To my wife Elizabeth Stamper I give my mare and buggy which I consider worth as much as the one she had at our marriage. I also give her all the effects she had when I married her. I also give her seventy five dollars per year as long as she lives or remains my widow to be paid at the end of the year to be paid by my executor I? think that as much as I should give her. Item 4th: To my son James M. Stamper my oldest sons children I give one fifth of my estate on these conditions. My Mountain Iron & Coal C. stock not to be subject to any sale by them during their life at their death to go to their children and their interest in my estate to be controlled by my executor for their benefit till they become of age or marry then my executor to pay them their part of my estate taking into consideration to hold enough of each of my heirs sufficient to pay what my wife shall be entitled to before she dies. Item 5th: I give to my son Wm J. Stamper and his three children Susan F. Christian, Lucretia W. Trammell and Mary L. Warren one fifth part of my estate and their heirs on these conditions all the interest I own in the Red Mountain Iron & Coal Company I give to them and their heirs I mean those of their body. My executor to hold what he may think necessary in winding up my estate. Item 6th: I give unto my sons wife and three children of Martin W. Stamper one fifth part of my estate as here after all of my estate exept my interest in the Red Iron & Coal Company in Alabama I give my daughter in lawa equal share of one fifth with her three children the fifth interest in the Red Iron & Coal Company I give to the children and the heirs of their body should they die without heirs or their heirs die without heirs or there heirs die revert back to the other heirs also all of the rest of my estate they may get under this will to under such circumstances of death my executor to manage as he may think best for the children and mother. My executor holding sufficient to pay expences of each ones part to all expences and pay what I set apart for my wifes support and what I will set apart for the schooling of my grandson Wm D. Stamper I give five hundred dollars to school him. and my executor to manage it for his best interest. This five hundred dollars set apart I shall take from Charly M. Ridley's part as I think his mother had more than the rest. Item 7: I give to my Grandson Charles L. Ridley one fifth part of my estate five hundred dollars short which I have set apart for reason above stated. This part of my estate I give on the following conditions should he die leaving no heirs of his body of his share of my estate to revert back to the heirs subject to such division as I have made with the rest of my estate all the interest I hold in the Red Mountain Iron & Coal Company in Alabama I give him one fifth interest to him and the heirs of his body not subject to sale during his life all benefit that may be subject to distribution heirs entitled to receive and enjoy as he may think best. My executor take out of the estate such sums as may be necessary to defray all expenses he may have to defray. Item 8: I give to my son Mannen G. Stamper one fifth part of my estate but my interest in the Red iron & Ore Company in Alabama that I give him during his lifetime then to go to the heirs of his body I also appoint him my executor to my will. To wind up my estate as soon as he can for the best interest of the estate The three tracts of Land in Baker County No 292 #293 #294 all in the 7th district of said county I desire in three payments one third cash the other two thirds in one and two years. Deeds to be made and mortgage to secure? the other two payments all other property to be sold as soon as my executor may think best for the interest of the estate. There is nothing more that I desire to recommend this my last will and testament This 1868 Signed sealed and witnessed with the undersigned witnesses Signed M. W. Stamper signed: John F. Griffin James W. Nichols Wilson L. Sperlin --------------------------------------------------------------------- Georgia Baker County To the Hon Ordinary of said county. The petition of Manning G. Stamper as Executor of the Last Will & Testament of Martin W. Stamper deceased respectfully showeth that in the year 1868 the said Martin W. Stamper made his last will & Testament who afterwards on the _____day of 187_ departed this life. That said Will was probated as the law directs in one and solemn form and was recorded in office of the Ordinary of said county where said original was also deposited of which the said original the written and foregoing is a substantial copy and that afterwards to wit on the 17th day of December 1873 the same both the original and record thereof were burned and destroyed by fire on the Court House in said county. Therefore your petitioner prays that an order be granted establishing the written and forgoing copy in leu there of said last original will to all intents and purposes. Further prays that all the heirs & be notified of this proceeding and your petitioner wil ever pray Eugema C. Bower Petitioner Atty ------------------------------------------------------------- Georgia Baker County In person came before me M. G. Stamper executor of the last will & testament of Martin W. Stamper deceased who after being duly sworn deposeth saith the above and forgoing is in substantial a true copy of the original last Will and testament of the aforesaid Martin W. Stamper decd damaged by fire as aforesaid and that fact set forth the foregoing petition are true to the best of his knowledge & recollection and belief. Sworn to and subscribed M. G. Stamper Exe before me this the 12th day of Feby 1874 James B. Jones Ord --------------------------------------------------------------------- Georgia Baker County Court of Ordinary of Said County November Term 1874 Upon hearing & considering the forgoing petition and after examination of the within and foregoing copy will and also after having heard the evidence of John F. Griffin & Wilson L Sperlin two of the subscribing witnesses to said original will James W. Nichols the other of said witnesses being dead who were examined before me in open court upon this subject and they having declared on their oath to the best of their recollection and knowledge and belief that the aforesaid copy is substantially a true copy of the original last will of the said Martin W. Stamper to which they were witnesses with one James W. Nichols whi is now decd and that they saw the said Martin W. Stamper sign said will which was done in their presence and in the presence of the said Nichols and that the said Nichols signed the same as a witness in their presence and all the heirs of law and parties of interest having been notified. It is therefore ordered by the court that the said copy Will be and the same is hereby established in lieu of the said destroyed original will to all intents and purposes and the same be recorded as such & be admitted to record in the Court house in open court this 1st day of Feby 1875 James P. Broadaway Ordinary Recorded Feb 1st 1875 Jas P. Broadaway Ordinary