Butts County GaArchives Wills.....Evans, David May 8 1873
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Teresa Rozich Teresa@maro.net October 18, 2004, 8:00 pm

Source: Butts County Courthouse
Written: May 8 1873

Will of DAVID EVANS
State of Georgia, Butts County

In the name of God Amen. I David Evans of said state and county being of 
advanced age but of sound mind and memory knowing that I must shortly depart 
this life deem it right and proper both as respecting 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 ------ing 
and annulling all others by me heretofore made. 

First I desire and direct that my body be buried in a decent and Christianlike 
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 atonement of the blessed Lord and Saviour Jesus Christ. 

Secondly I desire and direct that my just debts be paid without delay by my 
Executor hereinafter named and appointed. 

Thirdly I give, bequeath and devise to my beloved wife Sarah Evans for and 
during her natural life only the Home and lands whereon I now live, said lands 
being parts of Lots No two hundred and fifty No two hundred and fifty one and 
No two hundred and forty two In the Third District of said county containing in 
all two hundred acres more or less. I also give and bequeath to my beloved wife 
in the same manner all my household and kitchen furnature and stock of all 
kinds consisting of mules cows hogs and all stock of which I may be possessed 
at the time of my death together with all farming utensils used and belonging 
to the farm. 

Fourthly I will and direct that after the death of my wife that all the 
property which I have given and bequeathed to her for and during her natura 
life shall be sold at public sale by my executor hereinafter named and 
appointed 

Fifthly I have heretofore given to my daughters Elizabeth W Sparks, Mary A 
Lunceford and my sons John B Evans, Willis J Evans, David F Evans, Stephen C 
Evans each fifty acres of Land which I have valued at Five hundred dollars per 
lot and I will and direct that My children named in this article shall each 
account for the sum of Five hundred dollars a piece in a final distribution of 
my estate after the death of my wife. 

Sixthly. I desire and direct that after the death of my wife and sale of the 
property belonging to my estate by my Executor that my son Jessie E Evans, My 
Daughter Martha L Carter my son James A Evans and William H Evans and my 
daughter Sarah J McGough or their legal representative shall each receive five 
hundred dollars from the proceeds of the sale of my estate as herein directed 
should not be sufficient to raise the amount of five hundred dollars for such 
of my children here named then I will and direct that Elizabeth W Sparks Mary A 
Lunceford John B Evans Willis J Evans David F Evans and Stephen C Evans shall 
refund to my estate an amount sufficient to make the distributive share of all 
my children equal, If on the sale of my estate by my executor as herein 
directed there should be a residue after each of my children have received Five 
hundred dollars apiece and in the event I will and direct that said Residue 
shall be equally divided among my children and their legal representative share 
and share alike. 

Seventhly I desire and direct my executor to sell immediately or as soon as 
circumstances will permit my Stallion named Charger and to use or invest the 
money in such way or manner as will best promote the interest of said estate. 

Eighthly I hereby constitute and appoint my son John B Evans Executor of this 
my last will and Testament this May 8th 1873. 


David Evans
Signed sealed and delivered ad published by David Evans as his last Will ad 
Testament in the presence of us the undersigned who subscribed our names 
hereunto in the presence of said Testator at his special request and the 
presence of each other this May 8th 1873.
W S Andrews
J H Benton
Thomas S Hammond


Codicil 

State of Georgia, Butts County 

Whereas I David Evans did on the eighth day of May in the year eighteen hundred 
and seventy three sign seal declare and publish my last will and testament in 
the presence of W S Andrews J H Benton and Thomas S Hammond who signed the said 
and testament as witnesses And whereas I am desirous to supply an omission 
therein. I therefore publish this Codicil to said will and testament. 

First I desire and direct that all surplus property or such property sd may not 
be necessary for the use and comfort of my wife or necessary to be kept on the 
farm be sold by my executor after my death at public sale and the money arising 
from the sale of said property to be used or invested in such manner as will 
best promote the interest of my estate and I leave it with my executor and my 
wife to determine what property may be sold as directed in this article. 

Secondly I will and desire that after the death of my wife that in the division 
of my estate and hereinbefore directed that my son John B Evans shall be 
trustee of the property that may come to the minor children of Jessie E Evans 
decd Martha L Carter decd James A Evans decd and that said trustee shall 
control said property for said minor children till they attain the age of 
twenty one or marry. 


David Evans
(July 1st 1873)








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