Glynn County GaArchives Wills.....HOYT, Leander D. April 2, 1881 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Amy Hedrick http://www.genrecords.net/emailregistry/vols/00013.html#0003209 March 13, 2009, 3:11 am Source: Will Book G Pgs. 463-465; Glynn Co., Georgia Probate Court Written: April 2, 1881 Recorded: February 9, 1884 I, L.D. Hoyt of the city of Brunswick Glynn County Georgia being of sound and disposing mind and memory and desiring to provide for the conduct of the partnership business in which I am engaged with my partner M.J. Colson in the event of my death do hereby make this my last will and testament. Item First: I desire that said partnership business shall be continued by said M.J. Colson and the share of net profits of the partnership paid to my wife to be expended by her for herself & the children born during said marriage with my present wife Rachel Hoyt. Item 2nd: I desire said business continued & the profits of said business so app?? until my youngest child born or to be born of such marriage to my present wife Rachel Hoyt shall arrive at age unless the said M.J. Colson shall deem it advisable to close said business at an earlier date. Item 3rd: Should M.J. Colson continue the business until my youngest child by my present marriage with Rachel Hoyt shall arrive at age I desire a division of the interest coming to me as follows should there not be more than $1000 each to my wife and her children or to such as may be then in life I desire it equally between my children then in life but should it exceed the sum of one thousand dollars each for my wife and children or such as may be living at the time of such division then any surplus over such $1000 each to be divided equally between such of my wife children as may be living and said M.J. Colson this provision being in consideration of part & prospective services by said M.J. Colson in said partnership business—the words children wherever they occur in the last item is intended to refer solely to the issue born & to be born of my present marriage with Rachel Hoyt. Should the said M.J. Colson desire to an deem it advisable to dissolve said business which I desire continued in the old name & style before my youngest child shall arrive at age, He to pay the share my estate may be entitled to over to my wife if living to be held by her and applied to her & my said children’s support education &c and by her to be divided equally between her & her said children when the youngest of said children by my present marriage with said Rachel Hoyt shall arrive at age—and should my wife die before such division then I desire that M.J. Colson shall in event of a division before my youngest child arrives at majority then I desire that he shall hold said money & apply such portion as may be necessary for their support & maintenance until the youngest child arrives at age & then distribute the residue among such of said children as may be living at the time. I desire M.J. Colson to have exclusive power to determine as to the wisdom of continuing or dissolving said Partnership before my youngest child by my marriage to Rachel Hoyt arrives at age. In all the previous items my reference to my children where not so specifically stated is intended to apply to my children by my marriage with Rachel Hoyt. Item 4th: Whereas I have made advances in the past to my son Charles Hoyt my child by a former marriage equal to his full interest in any estate I now have or hope to have in the future I desire that my Executors of this my will do pay to said Charles Hoyt out of said partnership business the sum of $50 Fifty Dollars and no more this to be the sole provision for him. Item 5th: I desire that my wife Rachel Hoyt shall act as Executrix & M.J. Colson as Executor of this my last will and testament and that they shall be excused from giving bond as such executor or executrix. Item 5 [sic]: I authorize and empower the said M.J. Colson or the said executor & executrix jointly or the survivors of either to make private sale of any property of said partnership necessary in carrying on the business or in carrying out the division provided for in previous items of this will. Item 6th: Should the said M.J. Colson die during the life of my said wife Rachel Hoyt in that event the partnership to be closed & divided between the estate of said M.J. Colson & my estate, the share coming to my estate to be held by my said wife Rachel & divided by her as heretofore provided. In witness whereof I have hereto set my hand and seal this 2 April 1881. L.D. Hoyt Attested by each of us in the presence of the Testator L.D. Hoyt this April 2nd 1881, who acknowledged the foregoing to be his will. A.C. Bartlett A.W. Cornell C.P. Goodyear Georgia} Glynn County} I C.P. Goodyear do swear that I as well as the written named A.C. Bartlett and A.W. Cornell saw the within named L.D. Hoyt sign and publish the within paper as his last will and testament that I subscribed the same as a witness thereto at the special instance and request of the said L.D. Hoyt and in his presence as did also the said A.C. Bartlett and A.W. Cornell; that the said L.D. Hoyt signed the same freely and voluntarily and was at the time of said signing of sound and disposing mind and memory. C.P. Goodyear Sworn to & subscribed before me this 4th day of February 1884, Edgar C.P. Dart Ordinary. Recorded February 9th 1884, E.C.P. Dart Ordinary. Additional Comments: More Glynn County Genealogy & History can be found at File at: http://files.usgwarchives.net/ga/glynn/wills/hoyt760gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 5.9 Kb