Georgia: Coweta County: Last Will & Testament of Franklin Parks, 3 September 1859 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Jeanie Smith Zadach DaisyZ@aol.com ======================================================================== FRANKLIN R. PARKS LWT FHC #0470379 Book B, P. 163 September 3, 1859/October 3, 1859 Georgia Coweta County In the name of God Amen. I Franklin R. Parks of said State and County being of sound and disposing mind and memory and being desirous of settling my worldly affairs do make and publish this my last will and testament hereby revoking all will by me at any time heretofore made ~~ And first I commit my soul to the God who gave it, and my body I desire buried in the family burial ground, and my worldly estate I dispose of as follow ~~ Item 1st I desire and direct that all my just debts be paid without delay by my Executor hereafter named and appointed, as I am unwilling that my creditors should be delayed in their rights. Item 2nd I give and devise and bequeath to Welcome Parks my nephew and the son of William Parks deceased late of said County, one Negro boy of yellow complexion ten or twelve years of age to have and to hold the said Negro by named Spencer unto him my nephew the said Welcome Parks for his sole use and benefit subject to the following conditions to wit ~ That the said Welcome Parks shall have a lifetime estate in said Negro boy Spencer and after the death of said Welcome Parks, then said boy Spencer shall become the property of the lawful children of said Welcome Parks; but in case the said Welcome Parks should die with out lawful children then the Negro boy Spencer is to become and shall be held and owned as the property of Franklin Storey ( my nephew) and son William F. Storey deceased late of Carroll County, Georgia and appoint my worthy friend James Parks Trustee of the property herein given and bequeathed to my nephew the said Welcome Parks the trusteeship of said James Parks to expire when said Welcome Parks shall have attained his majority and I request said trustee when the said boy Spencer shall have arrived at the proper age to have __learn and acquire the carpenter trade and keep him engaged in said trade until said Welcome shall have become twenty one years of age. Item 3rd I give devise & bequeath to Norman Pinkard by reason of his marriage with my niece Emily E. Crane (both of the state of Arkansas) and who is now her husband said Pinkard the sum of five hundred dollars without restriction or condition. And I give devise and bequeath unto Emily E. Pinkard for her sole use and benefit without regard to marital rights the sum of ten dollars. Item 4th I give devise and bequeath the residue of my property both real & personal to be equally & fairly divided and distributed to my four remaining sisters to wit ~ Mrs Elizabeth Barrett, Mrs Lucy Glenn (both of whose husbands are now living) and Mrs. Caroline E. Carter relict of Thomas O. Carter, and Mrs. Mary D. Storey relict of William F. Storey, the former two of the state of Alabama, Mrs. Storey of Carroll County, Georgia and Mrs. Carter of Coweta County, Georgia ~ That is the said property is given devised and bequeathed subject to the conditions and restrictions herein after made and set forth to wit ~ Mrs. Lucy Glenn shall have & hold and own her portion of said residue of my property both real and personal (an equal portion as one of the sisters mentioned above) entirely free from the disposition of her present husband (Mathew Glenn) or any future husband to have & to hold said property for her sole use & benefit without regard to marital rights. And Mrs. Elizabeth Barnett shall have & hold her portion of said property both real & personnel (an equal portion of the residue first mentioned in Item 4th) not subject to the control of present husband James H. Barnett or any future husband but free from his disposition and for her sole use & benefit and without regards to marital rights. And Mrs. Caroline E. Carter and Mrs. Mary D. Storey shall have & hold their respective portions as pointed out that is equal shares of the residue of my property both real & personal as mentioned in Item 4th. My intention is that the four sisters mentioned in clause fourth share equally the property described as residue and that the restrictions and conditions herein set forth be observed & carried out in full as to those to whom they refer and are applicable. No restriction or condition is put upon the property herein bequeathed to Mrs. Caroline Carter & Mrs. Mary D. Storey. They shall have & hold without limitation or condition and make what disposition they please of it. Item 5th I hereby appoint John F. Cook my worthy friend Executor of this my last will and testament this September 3rd 1859. F.R. Parks {LS} Signed and sealed and published and declared by Franklin R. Parks as his last will & testament in the presence of us the subscribers who subscribed our names hereto in presences of said testator (at his instance & request) and in presence of each other this September 3rd, 1859 W.H. Stokes Test Ira E. Smith Bird Parks Georgia Coweta County Court of Ordinary October Term 1859 Present B.H. Mitchell Ordinary. In person came in open court William H. Stokes & Bird Parks two of the subscribing witnesses to the within last will and testament of Franklin R. Parks deceased who after being duly sworn depose and say that they saw Franklin R. Parks the testator sign seal and declare and publish the instrument now presented as his last will and testament freely and voluntarily of his own accord and without any compulsion or influence whatever. That at the time of the execution of said will said testator was of sound and disposing mind and memory that deponents signed said will as witnesses in the presence of the testator and at his special instance & request and in the presence of each other and saw Ira E. Smith sign also as a witness. Sworn to & subscribed in open Court this 3rd day of October 1859 - B.H. Mitchell, Ordy. W.H. Stokes Bird Parks