DAWSON COUNTY, GA - WILLS James J. Burt Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: MARPAT33@aol.com Pat Floyd Table of Contents page: http://www.usgwarchives.net/ga/dawson.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm State of Georgia Dawson County In the name of God, Amen. I, James J. Burt of said county and state, being of sound and disposing mind and memory, and deeming it right and proper that I should make a disposition of the property with which a Kind Providence has blessed me, while I have thought so to do, do hereby make and publish this my last Will and Testament hereby revoking all other wills and testaments heretofore by me made. Item 1. I desire that my body be buried in a decent and Christian like manner suitable to my condition and circumstances in life. Item 2. I desire that all my just debts be paid without delay, as I do not wish my executors, hereinafter appointed to incur costs, nor that my creditors should be delayed in the collection of what is justly due them. Item 3. I desire and direct that my beloved wife, Theodosia M. Burt, after my death, take charge of all my estate, both real and personal, and use the same, for the support and maintenance of herself and my minor children, during her natural life or widowhood. But in the event she should again intermarry all of said real and personal property shall remain in her care and possession and not subject to the debts or control of her husband by such intermarriage. And, at her death, I desire and direct that all of my property both real and personal be equally divided among all my children, each taking share and share alike taking this into consideration that I have paid four hundred dollars in cash on a Security debt to Aaron Palmour for my daughter Elizabeth husband Benjamin Barker and I direct that the heirs of my said daughter Elizabeth shall receive no part of my estate real or personal until each of my other children has received four hundred dollars. Then if there is any of said property real or personal remaining, it shall be equally divided as herein before directed, among all my children. My daughter Sarah M. Summerour has received from me land to the value of two hundred dollars, for which she shall account as part of her share in the division herein before provided for. Item 4. I give and bequeath to each of my sons, William Henry and Jefferson Davis, one horse, bridle and saddle, cow and calf, bed and bed clothing and fifty dollars in addition to what they are to receive under the Item 3 of this will -- to make them equal with those of my children who have married, to be turned over and paid to them as they each arrive at majority or marry and receive from me during my life time, the property and money mentioned in this Item, then the one so arriving at majority or marrying and receiving such property and money shall take nothing under this Item. Item 5. I direct that John Sheriff and Sarah Brown children of my said wife by her first husband, have an equal share of all my household and kitchen furniture that is that each of my children and John Sheriff and Sarah Brown take Share and Share alike. Item 6. I hereby dispose with the necessity of my executrix and executors, or either of them making inventory and return. Item 7. I hereby appoint and constitute my beloved wife Theodosia M. Burt my executrix and my beloved sons, Moses M. Burt and William Henry Burt my executors of this my last will and testament. Witness my hand and seal this the 5th day of May 1875. J.J. Burt (SEAL) Signed, sealed, declared and published in our presence by James J. Burt the testator as his last will and testament and attested and subscribed by us the undersigned as witnesses in the presence of said testator and at his instance and request This 5th day of May 1875. Marshall L. Smith, R.E. Burt Henry C. Johnson Georgia Dawson County We William H. Burt and Theodosia M. Burt do Solemnly swear that this hand writing contains the true last will of the within named J.J. Burt, deceased so far as we know or believe and that we will well and truly execute the same in accordance with the laws of this state So help me God Sworn to and Subscribed } T.M. Burt Before me 2nd day of } W.H. Burt March 1891 } Virgil D. Monroe } Ordinary } State of Georgia Dawson County by Virgil D. Monroe Ordinary of said County to Daniel Fowler and Geo K Looper ____ Greeting As a paper reporting to be the last Will and Testament of James J. Burt late of said county deceased---has been filed in my office by Theodosia M. Burt & Dr. W. H. Burt who are named in said paper as executrix and executor thereof who _________ said paper and who moves to probate the same in solemn form as this last Will and Testament of said deceased and whereas Marshall L Smith is a material witness to said will, and who resides out of said county of Dawson and in the county of Hall in said state and cannot without manifest inconvenience attend the February term 1891 of said court of Ordinary when and where said case is pending. Now known ye, that reposing confidence in you, we authorize you to bring before you said Marshall L. Smith and after duly swearing him, to examine him under oath, touching certain interrogations hereto attached and annexed, which have been legally of file in my office; and the answer to said interrogations be plainly written. You must after properly testing the same, send to me. Sealed up under your hand and seal as required by law and delivered as requested by law to be produced in my said court and read in said case on the first Monday in February 1891. Witness my official Signature and Seal of this office. This the 13th day of January 1891 V D Monroe Ordinary {SEAL} and Ex officio Clerk of Ordinary Georgia Dawson County In the manner of probating in Solum form the last will and Testament of James Jefferson Burt deceased __________ in Dawson Court of Ordinary by Theodosia M Burt & W H Burt Original interrogations to be ___________ to Marshall L Smith a material witness for ____________ and who resides in the city of Gainesville Hall County Georgia Entry 1 To the Witness-- Please examine this paper hereto attached purposing to be the last Will and Testament of James J. Burt late of said county of Dawson deceased and say whether or not -- you said testator James J Burt sign, and heard him publish this said paper as his own last will and testament. If Yea, please say whether or not you attested as a witness ? If yea, was it done at the special instance and request of said testator, and in his presence; If yea, did or not the other witnesses to said paper -- so sign and attests the same at the request and in the presence of said J J Burt testator, in your presence and in the presence of each other If yea, please name the other two witnesses; If you answer yea, to the above interrogations state whether or not at the time of all said signing, and attesting said testator J J Burt was of sound and disposing mind and memory and in the execution of said will whether said testator acted freely and voluntarily. January 1st 1891 James M. Bishop Atty for Propound ---- In Re= } Application to probate will of T M Burt & } J J Burt in the Court of Ordinary W H Burt } of Dawson County Georgia By virtue of a commission from the Court of Ordinary of Dawson County Ga we have called Marshall L Smith the person named in said commission to come before us in Gainesville Georgia --- and after being duly sworn ___ answer to make --a certain interrogation states _____ deposes and answers as follows To the first interrogation --- he answers I do not remember seeing him sign the will attached--but from my attesting the will and what is stated in the attestation clause---I am satisfied that he did sign and publish it--as his will- I attested said will as a witness ---I do not remember the circumstances of its execution- but am satisfied for the reason stated above that I and the others witnesses R.E. Burt and Henry C Johnson attested the will in the presence of J J Burt the testator and at his instance and request---at the time of the signing and attesting said will---I think J J Burt the testator was of sound and disposing mind and memory---and that in the execution of said will he acted freely and voluntarily. Sworn to and subscribed } Marshall L Smith before us January 14th 1891 } Geo K Looper Commissioner {SEAL} Daniel Fowler Commissioner {SEAL} State of Georgia Dawson County by Virgil D. Monroe Ordinary of said County to R E Saul & J. D Perkins Greeting As a paper purposing to be the last Will and Testament of James J Burt late of said county, deceases has been filed in my office, by Therodosia M. Burt and William H. Burt who are named in said paper as executrix and Executor, thereof, who propounds said paper, and who coves to probate the same in Solom form--as the last will and testament of said deceased and whereas henry C Johns Esqs --is a material witness to said will---and who resides out of said county of Dawson --and in the city of Atlanta in the county of Fulton in said State, and cannot without manifest inconvenience--attend the February Term 1891 of said court of said county, in which court said case is pending--and to be heard and adjudged at said term-- Now know ye-that reposing confidence in you, we authorize you to bring before you said Henry C Johnson Esqr. and after duly swearing him--to examine him under oath, touching certain interrogatories, hereto attached, and annexed, which have been legally of file in my office; and the answers to said interrogatories be plainly written out, you must after properly testing the same send to me, sealed up, and delivered as required by law, to be produced in my said court, and read in said case on the first Monday in February 1891. Witness my official signature and seal of office this 15th day of January 1891 {SEAL} V D Monroe Ordinary & Ex offices Clerk of Ordinary State of Georgia Dawson County In Rev. Proving the will of James J Burt late of Dawson County deceased - in Solom form propounded in Dawson Court of ordinary by Theodosia M Burt and W. H. Burt- named as executor and executrix in said will. Original interrogator to be propounded to Henry C Johnson a material witness for propounders and who resides in the city of Atlanta, County of Fulton said state. Interrogator 1st To Witness Please examine the paper hereto attached purposing to be the last will and testament of James J Burt late of said County of Dawson deceased and say whether or not you saw testator J J Burt sign and heard him publish this said paper as his own last will and testament; If yea, please say whether or not you tested or signed the same as a witness; If yea, was it done at the special instance and request of said testator, and in his presence; If yea, did or not the other witnesses subscribed thereto, so sign and attest the same --at the request-and in the presence of said J J Burt testator, in your presence and in the presence of each other; Name the other two witnesses; If you answer yea, to the foregoing interrogator Please state whether or not-at the time of said signing and attesting--said J J Burt testator was of sound and disposing mind and memory; and in the execution of said will whether said testator acted freely and voluntarily January 1st 1891 James M Bishop Atty for Propounders Theodosia M Burt } In the Court of Ordinary Dawson W H Burt } County Georgia Application for of } probate in Solem form J J Burt deceased } Georgia Fulton County By virtue of a commission form the Court of Ordinary of Dawson County Georgia we have caused Henry C Johnson, the persons named in said commission to come before us-who being _______true answers to make - to certain interrogatories thereto annexed-deposes and answers- as follows; To the first interrogatory he answers- I saw J J Burt, the testator, sign the paper attached to the interrogatories and exhibited to me by the commissioners and heard him publish said paper as his ________last Will and Testament; I signed the same as a witness at the request and in the presence of said testator and in the presence of the other subscribing witnesses. The other witnesses to wit. Marshall L Smith and R E Burt, whose names are subscribed to said paper, signed the same as witnesses- at the request- and in the presence of said testator and in my presence- and in the presence of each other The said J J Burt testator at the time of said signing and attesting was to the best of my knowledge and belief, of sound and disposing mind and memory, and that he acted freely and voluntarily in the executor of said will. Answered, sworn to and } subscribed before us this } Henry C Johnson 28th day of January 1891 } R E Saul Commissioner {SEAL} J O Perkins Commissioner {SEAL} <><><><><><><><><><><><><><> ************************************************ Source Book "F' 1876-1906 Pages: 77-85 Dawson County---State of Georgia ---Court of Ordinary Wills 1876- 1959 FHL- US/CAN Film 288158