Clarke County Georgia Will Sarah K. Pope File contributed for use in USGenWeb Archives by Laura Stotler Lstotler@aol.com Table of Contents page: http://www.usgwarchives.net/ga/crawford.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Last Will and Testament of Sarah K. Pope, Clarke County, GA Court of Ordinary, Will Book D (1859-1885), Pgs 362-264 ******************************************************** *************** 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 ******************************************************** *************** I Sarah K. Pope of the City of Athens, in the County of Clarke, and State of Georgia, do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made. And, first I will and direct that my body be decently interred in my lot in Oconee Cemetery in said City. Also, I will and direct that the remains of my husband and son, now interred in the old Cemetery in said City be removed therefrom and interred in the same lot with mine. Also, I will and direct that the said lot be properly enclosed, and that the graves of my husband and son and my own be marked by suitable tombstones. And, as to my worldly estate I dispose of the same as follows; First-- I will and direct that all my debts and funeral expenses be paid, as soon as possible after my decease, out of the first-moneys that shall come into the hands of my Executors from any portion of my estate. Also, I will and direct that a fair appraisement be made, by three judicious neighbors to be chosen and appointed by my Executors, of all my estate both real and personal including railroad stock and debts due me, and that a copy of said appraisement duly signed be given to each of my Executors. Also, I will and direct that all my said estate both real and personal, including railroad stock and debts due me, be divided, after deducting the payment herein before required to be made and all proper expenses, into four parts, each of equal cash value, by three discreet persons to be chosen and appointed by my Executors. And, I hereby authorize and empower my Executors to convert into cash all my said estate or any part thereof, if for the purpose of said division they shall think best. Also, I will and direct that one of said equal parts of my said estate be given and paid over by my Executors to my daughter Julia A. F. Stanley for her own use and benefit; to be disposed of by her as she may think proper. Also, I will and direct that one of said equal parts be given and paid over to my son A. F. Pope to be disposed of by him as he shall think proper. Also, I will and direct that one of said equal parts shall be safely invested by my Executors, and in that form paid over to my said son A. F. Pope in trust for my son Benjamin H. Pope, so that it shall not be liable for any indebtedness of said B. H. Pope existing at the time of my decease, but the profits shall be paid to the said B. H. Pope for his own use. But if at any time both the said A. F. Pope and my son John H. Pope, or if either die then the one still living, or if both die, then my daughter Julia shall deem it best for the interest of said B. H. Pope, that the said trust shall cease, then it shall cease and the part so held in trust shall be paid to the said B. H. Pope in his own right. Provided, however, if the said B. H. Pope shall die before the termination of said trust, leaving neither widow nor heir of his body, then the said part so held in trust for him shall revert and be divided equally among my other heirs; Provided also that the said A. F. Pope shall not be required to give bond or security for the execution of said trust. Also, I will and direct that the remaining equal part of my said estate shall be safely invested by my Executors, and in that form paid over to my said son A. F. Pope in trust for my son William E. Pope, subject to all the directions, conditions and provisions herein before made and written in reference to the part given in trust for my son B. H. Pope. As to my son J. H. Pope at his own special instance and request, I leave him no part of my estate but I leave him my earnest blessing, and invoke for him the blessing of Almighty God. And to effectuate my intentions in this my last will and testament, I do hereby invest my Executors with full power and authority to dispose of all my said estate in as large and full manner in every respect as I myself would do if living. And I do hereby make and ordain my son-in-law M. Stanley, and my son A. F. Pope, Executors of this my last will and testament; and I do also will and direct that no bond or security shall be required of them, or of either of them in the execution of it. And, I do further will and direct that with the exception of probate of this my last will and testament, and record of such matters connected with its execution as my executors shall think proper to be made, no recourse shall be had if possible to be avoided, to the Court of Ordinary or any other Court of law, in carrying out my will and directions as herein contained. In witness whereof I Sarah K. Pope testator have to this my will written in one sheet of paper, set my hand and seal, this fourth day of August. A. D. One thousand eight hundred and seventy-six. S. K. Pope (Seal) Signed and sealed by Mrs. Sarah K. Pope and by her declared to be her last Will and Testament in the presence of the undersigned witnesses, who have each signed this instrument in the presence of all the others and of the testatrix. This fourth day of August 1876. R. L. Moss C. G. Talmadge A. E. Griffeth Georgia } Clarke County } Court of Ordinary of said County. Regular Term 1st October 1877. Personally appeared in Open Court, R. L. Moss, C. G. Talmadge, and A. E. Griffith the three subscribing witnesses to the --- will of Sarah K. Pope late of said County deceased, dated 1st day of August, 1876 who on Oath say that they saw said deceased sign and seal said instrument and heard her declare the same to be her last Will and Testament, that she done so freely and voluntarily without any concern or persuasion on the part of any other person or persons whatever, that at the time of so doing, she was of sound and disposing mind and memory, that they all signed the same as witnesses in the presence of each other and of the Testatrix and at her request. Sworn to and subscribed in Open Court } R. L. Moss Asa M. Jackson, Ordinary } C. G. Talmadge A. E. Griffith Georgia } Clarke County } Court of Ordinary of said County, Regular Term 1st October 1877. In matter of the will of Sarah K. Pope late of said County deceased propounded for probate in Solemn form of law by Marcellus Stanley and Alexander F. Pope the Executors in said Will named, it appearing to the Court that all the heirs at law of said deceased, except said Alexander F. Pope one of the propounders who is present in Court have been personally and duly sworn with legal citations to appear at this term of the Court to attend the probate of said Will in solemn form of law, and have been Regularly made parties to wit- John H. Pope, Benjamin H. Pope, William E. Pope, and Julia A. F. Stanley, that said Will has been fully proved to be the last Will and Testament of Sarah K. Pope deceased, by the subscribing witnesses hereto who have been examined orally in Open Court, and besides made the usual affidavit of execution annexed to said Will. It is therefore considered and ordered by the Court that said Will and Testament of said Sarah K. Pope deceased, and is hereby established as such and that the same together with said affidavit and this Order be admitted to Record in terms of the law, and that said Executors has leave to qualify, and on so doing, that Letters Testamentary do issue to them. Asa M. Jackson, Ordinary Who were accordingly duly qualified in writing as follows to wit-We do solemnly swear that this writing contains the true last will of the within named Sarah K. Pope deceased so far as us know or believe, and that we will well and truly execute the same in accordance with the laws of this State. So help us God. Sworn to and subscribed } Before me this 1st day of } M. Stanley October, 1877 } A. F. Pope Asa M. Jackson, Ordinary Whereupon said Letters Testamentary accordingly duly issued to said Marcellus Stanley and Alexander F. Pope. Asa M. Jackson, Ordinary Recorded October 5, 1877 ________________________________________________________________________ Transcribed by Laura Stotler February 2, 2002 ======================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for FREE access. ==============