CHEROKEE COUNTY, GA - WILLS Lewis Day Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Meredith Clapper" Table of Contents page: http://www.usgwarchives.net/ga/crawford.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Lewis Day will Georgia, Cherokee County: In the name of God, Amen, I, Lewis Day, of said state and County, being of advanced age, deem it right and proper, both as respects myself and my family, 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 revoking all others heretofore made by me. Item 1st I desire and direct that my body be buried in a manner suitable to my circumstances and condition. Item 2nd I desire and direct that all my just debts be paid by executors hereafter named without delay. Item 3rd I give and devise to my beloved wife Alpha Day, with whom I have lived for number of years--all my estate, both real and personal, for her use, for and during her natural life. And upon the death of my said wife, I direct my executors hereinafter named to sell all of my estate both real and personal, either at public or private sale as they may deem best, and for the best interest of those entitled to the proceed of the sale, and and divide the proceeds of said sale equally among my children except to Frances Hardeman, in place of paying her a share of my estate, I direct that Lewis Martin Chamlee her son, shall receive one share of my estate in lieu of her. Item 4th I hereby constitute and appoint my two sons, James L. Day and E. M. Day, executors of this my last will and testament. Item 5th My ecutors upon my death are required to probate this will and qualify as executors, but are not required to make any inventory or appraisment of my effects neither are they required to make annual returns, nor to procure orders for leave to sell the estate real or personal, upon the death of my beloved wife, but may sell the same at public or private sale as they deem best. This the 4th day of October 1876 Lewis Day Signed sealed, declared and published by Lewis Day, as his last will and testament in the presence of us the subscribed, who subscribed our names hereunto in the presence of said testator and of each other this 4th day of October 1876. John T. Hughes Jonathan L. Pruitt Jackson B. Day Came into open Court, at this term of the Court, John T. Hughes Jonathan L. Pruitt, and Jackson B. Day, who being duly sworn depose that they saw Lewis Day sign and publish the within as his last will and testament, while of sound and disposing mind and memory, that they witnessed the same for him at his request and in his presence and the presence of each other and that the same was executed voluntarily by him on the day it purports to have been executed. Sworn to and subscribed before me in open Court January Term 1877. C. M. McClure, Ordinary John T. Hughes Jonathan L. Pruitt Jackson B. Day We do solemnly swear that the within writing contains the last will of the within named Lewis Day, deceased, so far as we know or believe; and that we will well and truly execute the same by paying first the debts, and then the legacies contained in said will, as far as his goods and chattels will thereunto extend, and that we will carry out the provisions of said will so help us God. Sworn to and subscribed in open Court before me. January 1st 1877 J. L. Day C. M. McClure, Ordinary E. M. Day Recorded January 8th 1877 C. M. McClure, Ordinary