Butts CO. GA James D. Head Submitted by Barbara Walker Winge ************************************************************************ 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/ *********************************************************************** State of Georgia County of Butts In the name of God, Amen. I, James D. Head being far advanced in life and being desirous to dispose of the property which a kind Providence has bestowed upon me, while blessed with the proper faculties of my mind do make and publish this my last Will and Testament in manner and form following, hereby revoking any will heretofore made. Item 1 - I give and bequeath my soul to God who gave it and desire that my body be decently buried by my friends. Item 2 - I give and bequeath to my beloved wife Nancy H. Head all of lots of land, numbers two hundred and thirty-six and two hundred and forty-five and also all of the 0 (sic). Also all that part of lot of land number Two hundred and thirty-five lying northwest of the Alabama road of the above lands in the third district of originally Monroe, now Butts County, with all the improvements thereon. I also give and bequeath to her all my household and kitchen furniture with such of my stock of horses, mules, cattle, and hogs that she may desire with one Year's support, and at her death I desire that all of the above property left to my wife, after paying her burial expenses be equally divided between my children; Mrs. Martha Huddleston, Thomas J. Head, Susannah E. Dupree, George W. Head, H. H. Head, and Emily Head, except the lands I willed to my wife, the proceeds of which I desire shall be equally divided between my wife's children or their legal representatives, viz: T. J. Head, Susannah E. Dupree, George W. Head, H. H. Head, and Emily E. Strickland, either by lot or they can sell the whole property and divide proceeds as they think proper. Item 3 - Having advanced to my daughter Martha T. Huddleston, one carriage and piano and other advances the sum of Six hundred and twenty-five dollars, I desire that my executors hereinafter appointed shall pay her the sum of Eight hundred and seventy-five dollars, this with former advances making the sum of Fifteen hundred dollars which amount is to be paid before any distribution is made as provided for in the 2nd item of my will out of the property to be equally divided amongst all my children after my wife's death. Item 4 - Having advanced to my son T. J. Head Fifteen hundred dollars which amount I propose in my will to allow each of my children with property in kind, with the advances heretofore made, and I desire that my son Thomas shall receive one fifth of the proceeds of the lands (set apart for my wife) after my wife's death and one sixth of any other property not disposed of by this will, and at his death to be equally divided among his children. Item 5 - Having advanced to my daughter Susannah E. Dupree, Six hundred and Seventy-five dollars principally in money, I give and bequeath to her one half lot of land number Seventy-four in the fourth district of originally Monroe now Butts at the sum of Eight Hundred and twenty-five dollars, with one-fifth interest in the land set apart for my wife, after her death, and one sixth interest in all other left after paying the specified legacies named in this will, for and during her natural life time and at her death to be equally divided among her children. Item 6 - Having advanced to my son George W. Head about the sum of Two hundred dollars, I give and bequeath to him all that portion of the Hale lot number two hundred and thirty-five in the third district of orginially Monroe, now Butts County, lying south of the Alabama road, at the sum of thirteen hundred dollars, which sum comes the value of fifty acres of land also adjoining the same place, being a part of Mrs. Rebecca Hale's lot of land which I also give to him, with one fifth of the land left to my wife after her death and one sixth of all other property not disposed of by this will. Item 7 - I give and bequeath to my beloved daughter Harriet H. Head one undivided half interest in lots of land number two hundred and three and two hundred and fourteen all in the third district of orginally Monroe now Butts County at the price of fifteen hundred dollars, also one fifth part of the part left to my wife after her death and one sixth part of all other property not disposed of by this will. Item 8 - I give and bequeath to my beloved daughter Emily E. Strickland one undivided half interest in lots of land number two hundred and three and two hundred and fourteen in the third district of orginially Monroe now Butts County, at the sum of Fifteen hundred dollars also one fifty interest in the lands set apart for my wife, after her death, and one sixth interest in all other property not disposed of by this will. Item 9 - I desire that after my death, my executors hereinafter appointed take charge of any money that may be on hand, and any other property not named in this will and dispose of the property either by public or private sale, as they shall think best, and after paying my burial expenses and any debts that I may be owing, to apply the balance to making my daughter Martha T. Huddleston, equal to the rest of my children and if there is still an overplus to be equally divided between my six children first named in the 2nd item of this will. Item 10 - I desire that my executors hereinafter appointed shall have full power and authority to sell & dispose of all the lands belonging to my estate not named in this will either publicly or privately as they shall think best, and divide the proceeds equally between my six children named in this will or their legal representatives. Item 11 - I desire that after my wife's death, my son George W. Head shall have the privilege, if he desires to purchase all that part of lot No. 235 lying northwest of the Alabama road for three (300) hundred dollars. Item 12 - I hereby appoint my beloved sons, T. J. Head and G. W. Head my executors and trust they will see to it that my will is duly executed. In witness whereof, I hereunto set my hand and seal this 27th day of July A.D. 1878 J.D.H. J. D. Head (L.S.) We, whose names are underwritten certify that we saw James D. Head voluntarily sign the above and foregoing Will, and that we signed the same as witnesses at his request and in his presence and in the presence of each other. Thos. S. M. Bloodworth J. M. Ogletree T. P. Bell, N.P. Probated in Common Form December 1882.