Georgia: Decatur County: Last Will & Testament of Adam Spooner 9 September 1874 ==================================================================== 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: Bonnie Toole EToole@aol.com ==================================================================== This is a typed copy of the will of Adam Spooner. The original is located in the County Judge's office, Bainbridge, Decatur County, Georgia. Will of Adam Spooner State of Georgia County of Decatur In the name of God Amen. I Adam Spooner being of sound and disposing mind and memory and considering the uncertainty of this mortal life, do make and declare this my last will and testament in manner and form following. Item 1st I desire that my body be interred in my family burying ground according to my means. 2nd I desire that all of my just debts be paid out of my estate. 3rd I give, bequeath and devise unto my beloved wife Irena Spooner and my children by her, all of my estate both real and personal of every kind and description for their use until the youngest child becomes twenty one years old. Then I desire my wife Irena Spooner to have during her lifetime the Homestead, embracing lot of land number two hundred and fifty nine, including houses, household and kitchen furniture. 4th I desire that at the time my youngest child attains the age of twenty one years of age, that all my estate be equally divided among all my children - except lot of land above mentioned, which I desire for my wife her life time. But should she be dead at the time, I desire all to be equally divided amongst all my children, except my daughter Catherin Lambert. I desire she have her share equal to my other children less fifteen dollars for a saddle she has had of mine. I desire and give to my son Reubin and my daughter Harriett a bed each, and the bed clothes to go with their beds. All to make them equal to my older children. 5th I desire my wife have everything she brought to me when I married her, including beds, chairs, household and kitchen furniture. These I never pretended to be my property. They belong exclusively to her, to make such disposition of as she may think best. 6th I desire that at the time of dividing my estate among my children, I desire that my youngest child be made equal to my older children in beds and bed clothes or its equivalent in money, as all of my older children have had beds. I mean my children by my wife Irena Spooner. 7th I desire in order to prevent expense to my estate, to constitute and ???? my executors to act for my estate, as they may in their judgment think best, if they think proper to sell any of the perishable property for the use of my wife and younger children, or to purchase any thing for their use. It's my desire for them to do so. I constitute them to act as they think I would under the same circumstances. My landed estate, I desire not be sold under any circumstances until the youngest child becomes twenty one years of age, and, if my wife is still living at that time, I desire lot of land number 259 to be left as mentioned in item 3rd. But after the youngest child attains his majority, and at the death of my wife, I desire them, for lot of land number 259 to be disposed of and equally divided among all my children including my grand sons Henry J. Spooner, Marion Spooner and grand daughter Jane Spooner, children of my son Benjamin Spooner deceased. I hereby make and constitute and appoint my beloved wife Irena Spooner executrix, and my son Henry Clay Spooner and my friend James Shephard my lawful executors, all to act in unison and harmony to this my last will and testament. Witness my hand and seal, this the 9th day of September one thousand eight hundred and seventy four. The interlining Jane Spooner was done before signing. The grandchildren mentioned in Item 7 - give to said Henry, Marion, Jane Spooner the heirs of my estate, so far as their father would were he living at this time. His Adam X Spooner Mark Signed, sealed, delivered and published by Adam Spooner as his last will and testament in presence of us the subscribing witness, who subscribed our names thereto in the presence of said testator at his special instance and request and in the presence of each other, the day and date above written. L. H. Peacock William Gunn Isaac M. Gnffin ????? (may be Griffin) __________ Georgia - Decatur County To the Hon. Ordinary of said County. The Petition of H. C. Spooner, a resident of said county and named as one of the executors of the last will and testament of Adam Spooner, also a resident of said county, who died on the 7th day of September 1882, owning real and personal property in said state. Disposed of by will, amounting to the sum of one thousand dollars, and which remains to be administered; respectfully showeth that said Adam Spooner, died testate, that his will is herewith presented for probate at the regular time of the court of ordinary of said county, in common form; that your petitioner is named as one of the executors of said will; wherefore your petitioner prays leave to prove said will in common form and the assining of attirs testamentary upon the executors taking the oath of office. H. C. Spooner __________ Georgia, Decatur County To the ordinary of said county. The petition of H. C. Spooner, as Exc. of the estate of Adam Spooner, deceased, showeth that the estate of said deceased, consist one lot land number two hundred and fifty nine, in the twentieth dist. of the said county and state and said to contain two hundred and fifty acres more or less. This property being set aside by deceased for his wife Irena Spooner, during her life, and at her death to be disposed of and equally divided between the heirs, and that for the purpose of division it is necessary to sell the said land; wherefore petitioner prays an order directing citation to issue and published as the law requires, and if no good cause be showing to the contrary your petitioner be granted leave to sell said land. H. C. Spooner, Exr. Petitioner Decatur Court of Ordinary - August, 1898 Upon reading the foregoing petition, it is ordered that citation be issued therein and published as the law requires. T. B. Maxwell, Ordinary Submitted by: Bonnie Toole