Dougherty County, Georgia - Wills Henry H. Nelms died 1943 Submitted by Debra Boswell Crosby http://www.genrecords.net/emailregistry/vols/00010.html#0002467 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ Georgia Dougherty County I, Henry H. Nelms (H.H.Nelms) of said State and County being of sound and disposing mind and memory do hereby make this my last will and testament hereby revoking any and all other wills by me heretofore made. Item 1 -I desire and direct that my body be buried in a decent and Christianlike manner, suitable to my circumstances and condition in life and request that my executors hereinafter named and appointed see that my wishes are carried out, and they are hereby directed to erect a suitable monument over my grave. Item 2 -I direct that all of my farm lands and my farming operations shall be continued after my death and the management thereof be placed by my executors in my said nephew, Bennie Janes until the end of the year 1950. There are now living on said farm lands a number of sharecroppers and/or tenants who have been with me for many years, some of them are indebted to me for supplies, money or other things and I feel kindly toward them. I wish and direct that they are to have the privelege of continueing to live on said plantatioon so long as they conduct themselves properly until the end of the year 1950 should they desire to do so, so that thereby they may not be disturbed and that they may be assisted in paying off their indebtedness to my estate and it is my wish that they continue their farming operations as they are now doing for the period aforesaid, subject to the discretion and control of the said Bennie James. it is not to be understood from the forgoing that such tenants and/or sharecroppers are to have any interest whatsoever in my estate. Item 3 - The said Bennie James is to have exclusive management and control of all my said farm lands for said period ending 1950 as aforesaid. He is familiar with my plan page 2 of farming and my farming operations and I want him to "step into my shoes" so to speak and manage and control for said period the said farming operations with full authority to the best of his ability as nearly as I would do in his good judgement if I were living. A record of income and disbursements in connection therewith is to be kept by my executors with his assistance and they are to furnish him any financial assistance necessary in carrying on my said farming operation. Should he need any financial assistance in connection with the operation of his individual lands my executors are hereby authorized to make advances to him for such purposes and keep a record of the same such sums advanced to him for his own interst to be charged against his share in my estate, as hereinafter bequeathed unless repaid. The said Bennie James and my executors are hereby directed to have an accounting with each other at least once a year so as to avoid any confusion at the end of 1950 period. Item 4 - In the event of the death of the said Bennie James before the end of the year 1950 the management and control of said farm lands is to be taken over by my cousin E. E Nelms, and in that event his is directed to manage and control with the same authority and duties as have inbfoe set forth with reference to the said Bennie James. Item 5 - All the remainder of my estate not herein before devised, I bequeath to my five relatives, share and share alike namely Ruby Wingate (my half-brother's child); Will James and Mrs. Agnes Boyer (children of my deceased sister); my said nephew, Bennie James; and my said cousin E. E. Nelms, but subject to the qualifications herein after set forth. My executors are hereby authorized in their discretion to page 3 make advances to my said five named legatees at any time prior to the end of the year 1950, out of any funds available for such purpose, and charged against them accordingly but it is my wish and desire that my said executors shall retain and keep on hand at least at all times necessary a sufficient amount for the purpose of the operation of my said farm lands. Item 6 - In the event of the death of either of my five named legatees, his or her respective share in my said estate is to belong to his or her heirs at law according to the laws of inheritance of the State of Georgia. Item - 7 I wish my estate finally distributed among my said five named legatees (or in case of their death, to their heirs at law as aforesaid) at the end of the year 1950, and my executors are so hereby directed, If my said legatees ( or their heirs in case of their death) can agree upon a division in kind of my land at that time my executors are hereby authorized to make division accordingly, but if there is no agreement for division in that event my executors are directed to convert all of my estate or any portion not divided by agreement, into cash and make distribution accordingly and they are hereby authorized in that event to execute good title to the purchaser, or purchasers of any of my estate either at public or private sale. Item 8- It is my wish and desire that any undistributed funds in the hands of my executors are not to remain idle but that my executors in their good discretion are hereby authorized to handle the same in any way that in their best judgement will bring interest or income therefrom and they are authorized to purchase bonds or make loans or handle said funds in whatever way in their good judgement will be for the best interest of my estate. Item 9- Inasmuch as I am providing for the ultimate distribution of my estate at the end of the year 1950 and my executors may need the services of an attorney while handling my estate, I direct that my friend E. L. Smith attorney at law of Albany, Georgia in whom I have confidence and trust, shall be used as attorney for my estate. Item 10- I hereby nominate and appoint my two trusted friends H. E. Davis and Hoyt D. Edge as the joint executors of this my last will and (testament marked out)and they are to ??? at this my last will and testament in common form and carry out the bequests and follow the requirements, terms and conditions set forth therein. They are hereby relieved of the necessity of giving any bond, but it is my wish and desire that they shall annually make a report to the Ordinary of Dougherty County, Georgia setting forth therein the amount of all income and disbursements and the source from which any income is derived and the name of any person or persons to whom disbursments are made. Executed this 23 day of January 1942 H. H. Nelms Signed sealed and declared and published by Henry H. Nelms (H.H. Nelms) as his last will and testament in the presence of us the undersigned, who subscribe our names heretofore in the presence of said testator after he had signed his name thereto, and at his special instance and request, and in the presence of each other. This the 23rd day of January 1942 Probated in Common Clyde Yates form October 4, 1943 Laura W. Clark Recorded October 4, 1943 P. H. Hilsman