Clarke COUNTY GA Wills Lucy Barrow Cobb - 1880 File contributed for use in USGenWeb Archives by Laura Stotler LStotler@aol.com http://files.usgwarchives.net/ga/clarke/wills/barrow2.txt Wills: Lucy Barrow Cobb, 1880: Clarke Co., GA Last Will and Testament of Lucy Barrow Cobb Clarke County, GA Court of Ordinary, Will Book D, 1859-1885, page 410. State of Georgia, County of Clarke, I Mrs. Lucy Barrow Cobb, of Athens, Clarke County Georgia do make and publish this to be my last will and testament and revoke all other wills heretofore made by me: Item 1st: I will and bequeath all my property of every nature and all my rights of property of every character (whether such property be realty or personally or in possession Expectancy or remainder) absolutely in fee simple to my five children: Howell, Sarah Pope, John Addison, Lucy Middleton, and Mary Ann Lamar. Share and share alike, each to take one fifth of my estate absolutely in fee simple: provided my Executor may create trust for either as herein after provided. Item 2nd: I will that my husband John A. Cobb shall act as testamentary Guardian for each and all of my children named in item first during the minority of each and I nominate and make him such testamentary Guardian both as to the person of each and as to all property and rights of property. I hereby will and bequeath to each and I release him from making any bond as Guardian of each and from making returns as such Guardian of each to the Court of Ordinary or other Court having jurisdiction of Estates minors. Item 3rd: It is my will and desire that my husband John A. Cobb, who I hereinafter nominate my Executor shall as my Executor and as Guardian testamentary of each of may said mentioned children control and managed all property and rights of property hereby bequeathed to my said children during the minority of each of them as in his discretion may be best, either to keep the property jointly for them or to divide and keep each share separately for each; and in his discretion to use the income and if he think needful the corpus, for their support, maintenance and education, and such proportion for the benefit of each as he thinks best: Item 4th: It is my desire and will that my said husband as my said Executor and testamentary Guardian of my said children shall have power in his discretion at any time without any order of any court whatever, to sell, convey, or transfer by deed or other necessary writing any or all of the property and rights of property hereby bequeathed, either at public or private sale, either for the purpose of reinvestment or for use for benefit of my said children or wither of these in pursuance of this my last will; and to make any and all sale and exchanges of property at any time as often as he thinks needful or expedient; and to make any and all writings necessary to that end as my Executor until he shall distribute my estate as hereinafter provided: Item 5th: It is my desire and will that my husband as my Executor, and Guardian testamentary of my said children shall only be held to account to my said children or their heirs for such portion of my estate as he shall report unconsumed(?), either income or corpus and that he shall distribute among the said children or their heirs at such time as he thinks best; either holding the whole until the last is of age; or giving a share to each as he or she becomes of age or advancing to either upon marriage before becoming of age; or before marriage and before of either; it being my will to leave to his discretion absolutely when and how and what proportion to use of my estate of my said legatees: and it is further my will & desire that my Executor when he turns over any portion to either shall have power to create trusts for the protection of the shares due to my daughters or either of them as in his discretion proper-such trusts to be conveyed by deed of my Executor. Item 6th: I nominate John A. Cobb my husband as the Executor of this my last will and testament and believe of necessity or duty of making any appraisement, or returns and of all accountability for management of my estate & Executor of this will to any court of ordinary or other court whatever and only ask that he have this will probated in the court of ordinary of Clarke County Georgia. Item 7th. It is my will and purpose to give my husband as my Executor and testamentary Guardian the widest discretion and trust to his parental love and care my children and their property, and if any language of this will should be ambiguous it should be construed in the light of my desire and wish which is to place my children and their property in his care and to trust them and their property, under God to his absolute discretion as to the best course to pursue in the care of them and the control of their property. In testimony whereof I hereto affix my hand & seal this the eighteenth day of May 1880. Lucy B. Cobb (signed and sealed) Signed, sealed, published & declared to be the last will & testament of Mrs. Lucy Barrow Cobb, by her, in the presence of each and all of us & we subscribed our names as witnesses hereto at her request, in the presence of each of other and in her presence this May 18th 1880: Sallie E. Barrow (signed) P.F. Barrow (signed) Pope Barrow (signed) Georgia Clarke County} Personally came before me Pope Barrow one of the subscribing witnesses to the within and foregoing will of Lucy B. Cobb deceased who hath saith that he saw said deceased sign & seal said will and testament, that she did so of her own free will and accord and without any coercion or persuasion on the part of any person or persons whatsoever, that at the time of so doing she was of sound and disposing mind and memory, that he and Sallie E. Barrow & P. F. Barrow all signed said will as witnesses in the presence of each other and of the testator and at her request. Sworn to and subscribed before me this 5th day of June 1880} Pope Barrow Asa M. Jackson (signed) Ordinary Whereupon it is ordered and considered by the Court that the said will of Lucy Barrow Cobb is in common form of law duly proved to be the last will and testament of said deceased and that the same together with the probate thereof be recorded in terms of the law. Regular term June 7th 1880 Asa M. Jackson (signed) Ordinary Transcribed by Laura Stotler October 21, 2001 Note: Spelling, punctuation and capitalization are transcribed as written. ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. 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