Bulloch County Georgia - Wills: Allison Deal ========================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Nancy Gay Crawford ========================================================================= Transcribed by Sherry Deal Jones Last Will and Testament of Allison Deal Georgia - Bulloch County, I, Allison Deal, 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. ITEM ONE I desire and direct that my body be buried in a decent Christian-like manner, suitable to my circumstances in life. ITEM TWO I direct that all of my just debts be paid without unnecessary delay. ITEM THREE I have heretofore, July 1919, caused to be made a survey and plat of my lands by J.E. Rushing, County Surveyor, Bulloch County, which plat is of record in the office of the Clerk of the Superior Court of Bulloch County, in plat Book No 1, page 33, and desire that my lands be divided according to said plat with the changes indicated hereinafter in the dividing line between lots No 6 and No 7, in which I direct that my executor shall cause to be cut from the north side of lot No 7 fifteen acres by a line running parallel with the present dividing line, as indicated on said plat, said fifteen acres to be added to lot No 6, raising the supposed acreage in said lot to fifty-one acres, reference being had especially to said recorded plat and copy of the same being attached hereto: [a] Lot Number 1 on said plat containing seventy-two and five tenths (72.5) acres, I give and bequeath to my son John F. Deal. [b] Lot Number 2 containing forty-one and five tenths (41.5) acres, I give and bequeath to my grandson Clyde Donald Smoak. [c] Lot Number 3, containing sixty-two (62) acres, I give and bequeath to my son, James Allison Deal. [d] Lot Number 4, containing ninety-six (96) acres I give and bequeath to my grand-daughter, Sarah Helen Martin. [e] Lot Number 5, containing sixty (60) acres, I give and bequeath to my son, Arthur B. Deal. [f] Lot Number 6, containing thirty-six acres and fifteen acres to be cut as directed above from Lot No 7 making the total acreage fifty-one acres, I give and bequeath to my son, Curtis S. Deal. [g] Lot Number 7, containing one hundred fourteen (114) acres, and lot No 8, containing sixty-eight (68) acres, I give and bequeath to my son, Oscar Deal. Fifteen acres, as provided above, to be cut from Lot No 7 and added to Lot No 6. This bequest to my son Oscar is made with the condition affixed that he and his family shall make their home with me, Lot No 7 being my present home, and take care of me, provide me with support, nursing, medical attention and funeral expenses free of charge to me or my estate. [h] Lot Number 9, containing fifty-six (56) acres, I give and bequeath to my daughter, Lollie May Richardson. [i] Lot Number 10 containing forty-seven (47) acres, I give and bequeath to my two grand-children, Julia Frances Barnes and Johnnie May Barnes. [j] I give and bequeath to my three grand children, Myrtle May Lee, Albert Lee, and William Lee, children of my daughter Mattie, One Hundred Dollars each, to be paid to each of them, when the youngest of the three arrives at the age of twenty-one years. [k] I give and bequeath to my daughter Josephine DeLoach, Six Hundred Dollars. [l] I give and bequeath to my daughter Florence Willard Waller a piano which she now has, and Three Hundred Dollars in cash. [m] Out of any residue of my estate I direct that my son John F. Deal, have Five Hundred Dollars. And that any remainder of said residue be equally divided among my sons, Oscar Deal, Arthur B. Deal, James Allison Deal, Curtis S. Deal. ITEM FOUR It is my will, desire and purpose that my children and grand children to whom I have bequeathed land in ITEM No THREE of this will, shall have only a life estate in the tracts of land bequeathed to them in this will, and at their death the land bequeathed to each of them shall descend to their child or children; and in the event anyone of the children and grand children to whom I have given land herein shall die without leaving child or children, then, and in that event, said land shall go to the brothers and sisters of said deceased, or to the children of such brother or sister. ITEM FIVE Lot No 4 mentioned above is to be burdened with a private way leading from the residence on Lot No 1 to the public road in a straight line, where the same is now laid out. Lot No 10 mentioned above is to be burdened with a private way from the residence on Lot No 9 to the road where public travels, as now laid out. And also Lot No 10 is burdened with a private way leading from where the residence may be built on Lot No 8 across said Lot in a straight line to said road where the public travels. Lot No 7 is burdened with a cemetery lot consisting of one-fourth of an acre in a square where the cemetery is now located, with a right of way to and from the same, with the right of any member of my family to bury their dead there, at which place I desire and direct my body to be buried. ITEM SIX It is my desire and it is expressly stipulated herein that none of the holders of the various tracts of land described above shall erect a fence or any form of enclosure or place any obstruction within six feet of the dividing lines between said lots of land, it being my desire that there shall be a twelve-foot opening or passage way between the enclosures on each of these lots, for the use of the public; this provision as to an opening between the lots does not apply to the dividing line between lots No 7 and No 8, both of which are bequeathed to my son, Oscar. ITEM SEVEN Such household effects that I may die seized and possessed I bequeath to my son John F. Deal. ITEM EIGHT The acreage mentioned in the foregoing described lots of land is not intended as being absolute, the lines and corners of these lots are where I desire them to be; and the acreage mentioned I suppose to be approximately correct. ITEM NINE I hereby constitute and appoint A.M. Deal as executor of this my last will and testament. This the 23rd day of July, 1924. His Allison x Deal Mark Signed, sealed, declared and published by Allison Deal as his last will and testament, in the presence of us, the undersigned, who subscribe our names hereto in the presence of said testator after he had signed his name thereto, and at his special instance and request, and in the presence of each other. This the 23rd day of July, 1924. J.L. Renfro A.M. Deal J.D. Fletcher LETTERS TESTAMENTARY A. M. Deal Executor} LETTERS For Allison Deal } By the Honorable, the Ordinary of said County. To All Whom These Presents Shall Come or be Made Known-Greeting: Know ye, that on the 10th day of June in the year of our Lord, 1926 the last will and testament of Allison Deal of said County, deceased, was exhibited in open court, and in common form of law proved and admitted to record, a copy of which is hereunto annexed, and administration of all and singular the goods, chattels, credits, lands and tenements of said deceased was granted to A.M. Deal. The executor in and by said will named and appointed he having first taken the oath and performed all other requisites required by law he is by order of said court, and by virtue of these presents legally authorized to administer the goods, chattels, credits, lands and tenements of said deceased, according to the tenor and effect of said will and testament and according to law, and he is hereby required to render a true and perfect inventory of all and singular the goods, chattels, credits, lands and tenements of the said deceased, appraised and returned to this court according to law, and to render a true and correct account to the Ordinary of said county of Bulloch of his actings and doings yearly until his administration is fully completed. In witness whereof, I have hereunto set my hand and affixed the seal of my office, this 10th day of June 1926. A.E. Temples, Ordinary Affidavit to Probate of Will GEORGIA, Bulloch County Court of Ordinary, Nov. 1 term, 1926. In Re Petition for Probate in Solemn Form of the Will of Allison Deal by A.M. Deal, Executor. The above stated petition coming on to be heard, and it appearing that the parties at interest, resident in this State, were personally served with notice of the petition for probate ten days before this term of the Court, and that the parties at interest, not resident in this State, were duly served by publication of citation once a week for four weeks in the Bulloch Times, a newspaper published in Statesboro said State and County, and it appearing to the Court by the testimony of all the subscribing witnesses that the instrument offered for probate is the last will and testament of Allison Deal deceased, as alleged in the petition of A.M. Deal, Executor, and no 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 Allison Deal, and that the same be admitted to record. Ordered, further, that letters testamentary do issue to A.M. Deal the Executor named in said will, upon him taking the usual oath of office. This 1st day of Nov. 1926 A.E. Temples, Ordinary [Other document copies in possession, not transcribed here: Annual accounting return; Account sale of personal property; Petition for probate; Guardianship; Caveat; Probate in Solemn Form; Probate of Will; Petition; Order of Service; Handwritten Sworn Oath of A.M. Deal]. Allison Deal home place is located in Briar Patch, 47th GMD, Bulloch Co., GA. Allison Deal, born 22 May 1851, was the 6th son and 10th child, of 11 children, born to James Deal and Martha Brack. Allison married first, Mary Missouri Lee-Williams-Brack, on 30 March 1871 in Bulloch Co. Twice widowed and 19 years his senior, Missouri was born 01 Jan 1832 and died 06 Mar 1883. There were seven children of her marriage to William B. Williams, and one son of her marriage to John Eleazar Brack. Allison and Missouri had one daughter, Josephine Deal, born July 13, 1875, who married Eli Wornell "Gus" DeLoach, (Josephine was the second of his three wives). (Note: The first son of Gus and Josephine was named Eugene Walton DeLoach, and not E.W. Jr.). Allison married second, Julia Eliza Lee (the niece of his first wife), on 03 February 1884 in Bulloch Co. Julia was born 06 June 1863 and died 20 April 1924. There were 15 children born of their marriage. Oscar-05Nov1884; Cleveland-30Dec1885; Missouri- 15Apr1887; Arthur Boyd-Oct 1888; Carswell-06Feb1891; Ruth B.-01Nov1891; Mattie- 22Mar1893; Mittie-21Oct1894; Minnie Floyd-19Mar1896; James Allison-21Nov1897; Curtis S.-18Mar1899; Lollie Mae-21Nov1900; Florence Willard-16Dec1903; Porter Stamps-16Jan1906, and John F.-09Sept1908. Transcribed and submitted 05 August 2002 by: Sherry Elizabeth Deal Jones, daughter of Wiley Bruce Deal, granddaughter of Oscar Deal, and great granddaughter of Allison Deal. [Also great granddaughter of E.W. "Gus" DeLoach and first wife, Julia Ella Iler].