GILMER CO., GA - ESTATE RECORDS - Will and Probate of the estate of William Henry Foster, 1920 ==================================================================== 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 the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Suzanne Forte sforte3@cs.com ==================================================================== WILL OF WILLIAM HENRY FOSTER Georgia, Gilmer County I, W. H. Foster, of said County being of sound and disposing mind and memory, do make this my last will and testament, never having made any previous will. I direct that all my just debts be paid by my Executors hereafter named. I direct that all of my estate, both real and personal, not heretofore disposed of - be sold by my executors at private sale, without the order of any Court therefor, and at such times and in such quantities as may seem best to my Executors, and the proceeds thereof, after paying any costs and expenses incurred, be divided among the following persons to wit: - To Russell Foster’s children, in place of the father, to William Foster, To Stanley Foster, To Benton H. Foster, To Mary Milton, To Lorena Weeks, To Alice Foster, each one share, and to Marylena Foster and Hayden Foster one share between them, making eight shares in all. I have already advanced to my son Ralph Foster, all that he should have, but I make his children, Marylena and Hayden Foster, who are minors, the beneficiaries of one share between them with this condition, that if one of said last named children should die before it reaches its majority and before distribution, that its part shall go to the other named child, and if both should die leaving no child or children, then the said share shall be equally divided among the other beneficiaries before named (the children of Russell Foster only having, jointly, one share) and I hereby appoint my Executors hereafter named, to be Testamentary Guardians of Marylena and Hayden Foster, during their minorities, as to the share herein given them, and said Guardians are not required to give bond. I hereby appoint Benton H. Foster and R. L. Milton, the Executors of this my last will and testament, and relieve them from making any returns to any Court except a final return when the administration and distribution is fully completed and inventory or appraisement of my property, and from giving any bond. Witness my hand and seal this the 6th day of May 1920. Declared, published, signed and sealed by W. H. Foster as his last will and testament in the presence of the undersigned as witnesses, he first signing in our presence, and we then, at his special instance and request, signing in his presence and in the presence of each other, this May 6th 1920. W.K. Reece F.A. Reece W. H. Dobbs PROBATE OF WILLIAM H. FOSTER’S WILL State of Georgia, Gilmer County To the Hon. J. C. Allen, Ordinary of Said County The petition of R. L. Milton and B. H. Foster residents of said county and nominated executors of the last will of W. H. Foster, above, a resident of said county, who died on the 29th day of June 1920, owning valuable real and personal estate in said State disposed of by said will, amounting to the sum of three thousand dollars and which remains to be administered, respectfully showed that said W. H. Foster died testate, that his will is herewith presented for probate at the regular term of the Court of Ordinary of said county in common form; that your petitioners pray leave to prove said will in common form and the issuing to them of letters testamentary upon this taking the oath of office. B. H. Foster R. S. Milton State of Georgia County of Gilmer Before me came named as a witness to the within writing purporting to be W. H. Foster’s last will and being duly sworn, saith that he with and at the request of W. H. Foster and in his presence and in presence of each other, did attest as witnesses the within writing as W. H. Foster’s will; that the same was signed and published by him in their presence as his last will; that he was at the time of said attestation and signing by him of sound and disposing mind and memory; that he executed the within paper voluntarily. Sworn and subscribed before me, this 2nd day of Aug 1920 W. H. Dobbs J.C. Allen, Ordinary Gilmer Court of Ordinary, August Term, 1920 The above petition of R. L. Milton and B. H. Foster nominated executors of the last alleged will of W. H. Foster duly filed, having been supported by proper proof of W. H. Dobbs, a witness to said will, that said W. H. Foster died a resident of said county; that he and the other witnesses W. K. Reece and F. A. Reece saw him sign and heard him publish the alleged will as his own last will, that he attested that same as a witness at his request and in his presence with W. K. Reece and F. A. Reece so attesting also at his request that said W. H. Foster was at the time of said signing and attestation of sound and disposing mind and memory and did in the execution of said will, act freely and voluntarily; it is ordered that the same be duly recorded having been duly proved in common form and that letters testamentary issued to them upon this taking oath of office. Georgia, Gilmer County: Me, R. L. Milton and B. H. Foster, do solemnly swear that the paper filed by us purporting to be the will of W. H. Foster, deceased, contains the true last will of said 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 us god. Sworn to and subscribed Before me Aug 2, 1920 R. H. Foster R. L. Milton