Clarke County GaArchives Wills.....W. J. (William Jeff) Bates April 30 1910 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jimmie Boyett jimmie@jboyett.com October 23, 2003, 3:43 pm Source: Clarke Co. Probate Court Written: April 30 1910 Georgia Clarke County I W. J. Bates of said state & county being of sound & disposing mind & memory do make publish and declare this my last will & Testament. Item 1st I give to my wife Catherine Bates all my property both real & personal of every kind & nature to be held used & controlled by my said wife for her own benefit during her natural life or widowhood and on her death or re- marriage (should she marry again) to be disposed of as hereinafter provided. Item 2nd I think it advisable & best for my wife to rent out the farm & not try to farm or run the business on her own account & in this view of the case I think it advisable and best for her to sell (at the end of the year in which I may depart this life) all the livestock (that is mules and horses) & all the wagons, plantation tools & implements in fact dispose of by sale all the personal property (outside of household goods) exclude (?) such as she may need for her own use or comfort. But if my wife sees fit & prefers (not withstanding my advice & suggestion) to run & manage the farm herself she shall not be authorized to sell the stock, wagons __ to irresponsible parties on credit. Item 3rd It is my will I so direct that while I expect my wife to rent out the farm & live comfortably from the rents (which she ought to be able to get from the farm) still if from necessity or other good reason of which I leave her to decide she finds it necessary to sell & dispose of the farm in order to get the means to support herself comfortably my said wife is hereby authorized to make sale of the farm (after due notice & public advertisement) & execute give fee simple title to the purchaser. The proceeds of such sale she is allowed to use for her own support & maintenance and on her death (or remarriage) the same to be disposed of as hereinafter directed—the house property containing over 12 acres is not to be sold in any event until my wife’s death. Item 4th Upon the death of my wife or remarriage (should she remarry) I wish my property & effects to be distributed as follows: all my lands (farm & home place) and all other property (except the organ) to be sold by my executors hereinafter names after due & public advertisement. The proceeds after the payments of any debts due by my estate to be equally divided among my children share & share alike—the children of any of my deceased children to take the share in lieu or place of their deceased parent. Item 5th The Crown organ which I have I wish given to my daughter Cleo Smith she not to remove from house until the death of my wife unless my wife consents to same. Item 6th I wish & direct that a suitable tablet or monument not very costly be erected by my executors on the graves of myself & wife. Item 7th Should my wife by reason of old age or protracted illness before her death require & need any special attention and services from any of our children it is my will & I direct that the child or children rendering such service or giving such attention to my wife be paid & compensated for the same by my executors & that such service be paid & settled for before there is any division or distribution among my children. Item 8th I constitute & appoint my wife Catherine Executrix of this my last will & Testament & empower her to make any sale of my property above authorized without any order of court being necessary. I also relieve her from the necessity of making any inventory of my estate or any return to the ordinary. Item 9th Upon the death or remarriage of my wife I hereby constitute & appoint the following as Executors to wind up the business of my estate & I give them the same authority & privilege as that given above to my wife. The Executors (to succeed my wife) shall be A. S. Towns [Albert Sidney Towns m. Rowena Bates], my son W[illiam] H. Bates, Parks Williams [m. Flora Tempy Bates] and Weldon Smith [m. Martha Cleo Bates]. Should my daughter the wife of A. S. Towns die before her mother then the said A. S. Towns is not & shall not be one of my Executors. In witness whereof I have hereunto set my hand this April 30th 1910. Signed published & declared by W. J. Bates [signature of] W. J. Bates as his last will & testament by signing in our presence & we signing in his presence (at his insistence & request) & in the presence of each other [signature of] J. N. Booth [signature of] Chas. Emory Smith [signature of] Henry C. Tuck Additional Comments: SURNAMES: Bates, Smith, Towns, Williams, Booth, Tuck This file has been created by a form at http://www.poppet.org/gafiles/ File size: 5.0 Kb