HARALSON COUNTY, GA - WILLS - Benamin Cagle Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: lrober@plantationcable.net E. Robertson Table of Contents page: http://www.usgwarchives.net/ga/haralson.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm WILL BOOK A, PAGE 108 WILL OF BENJAMIN CAGLE (Common Form) STATE OF GEORGIA HARALSON COUNTY I, BENJAMIN CAGLE, of the State and County aforesaid being mindful of mortality, and being now of sound disposing mind and Memory (blessed be Almighty God for the same) do hereby make, publish and declare this to be last Will and Testament in manner and form following to wit: Item 1st..... I will and desire that all my just debts be paid Item 2nd .... I leave all my property both real and personal for the use of my beloved wife PARTHENA CAGLE as long as she lives and remains a widow and at her death to be equally divided with and among my following named children, share and share alike to wit....JACKSON CAGLE, CAROLINE STERLING, SARAH ANN MORRIS, FRANCIS BOWMAN, NANCY CAGLE, ELIZABETH JAN MORRIS, , SAMUEL CAGLE, MARGARETT BROWN, BENJAMIN F. CAGLE, AUGUSTUS CAGLE, LOUISA ANN CAGLE, AND JESSE M. CAGLE. But should my said wife marry again then it is my will that she have the use of one third of said property her lifetime and that the other two thirds be divided among my children as above named at the time of her marriage and the remaining third at the time of her death. Item 3rd ....I hereby nominate and appoint WILLIAM M. HUTCHENS my Executor to execute this my last Will and Testament hereby revoking all former will by me made. In Testimony whereof I have hereunto set my hand and seal this 25th day of April 1869. BENJAMIN CAGLE, SEN. (SEAL) Signed, sealed and acknowledged by the above named Testator to be his last Will and Testament in presence of us, who at his request and in his presence and in the presence of each other have signed the same as witnesses. Thomas A. Duke John D. Phillips William Duke Proven in Common Form, October 27, 1894, Joe W. Kelley, Ordinary GEORGIA - HARALSON COUNTY I, J. D. Phillips, do swear that I was as well as Thomas A. Duke and Welcome Duke, saw within named Benjamin Cagle sign and publish the within paper as his last Will and Testament. That I subscribed the same as a witness thereto at the special request of the said Benjamin Cagle and in his presence as did Thomas A. Duke and Welcome Duke that the said Benjamin Cagle signed the same freely and voluntarily and was at the time of such signing of sound and disposing mind and memory. J. D. Phillips Sworn to and subscribed before me October 27, 2894, Joe W. Kelley, Ordinary (Note by transcriber. Will signatures say WILLIAM DUKE, other reference WELCOME DUKE. WILL BOOK A, PAGE 110 SOLEMN FORM WILL OF BENJAMIN CAGLE .... SAME AS ABOVE BUT NOW WITNESSED BY WELCOME DUKE. Georgia - Haralson County We, Welcome Duke and John D. Phillips do swear that we saw the within named BENJAMIN CAGLE sign and publish the paper this day offered by FRANCIS BROOKS for probate in solemn form as his last will and testament - that we subscribed the same as witnesses thereto at the special instance and request of the said BENJAMIN CAGLE in his presence and in the presence of each other - that the said BENJAMIN CAGLE signed the same freely and voluntarily and was at the time of such signing of sound and disposing mind and memory. John D. Phillips, Welcome Duke Sworn to and Subscribed before me September 2, 1895 HARALSON COUNTY COURT OF ORDINARY September thru September 2, 1895 Upon hearing of the petition of FRANCIS BROOKS for the probate of the will of BENJAMIN CAGLE in solemn form propounded as the last Will and Testament of the said BENJAMIN CAGLE late of said county and it appearing that the heirs at law have of said deceased have had legal notice and that all the minor heirs have been properly and legally represented in this Court and all parties interest have failed to show any legal and sufficient cause why said paper should not be proven in solemn form and admitted to record as the last Will and Testament of said deceased and also to show any cause why there should not be permanent letters of Administration with the Will annexed issued to the said FRANCIS BROOKS it is therefore ordered and adjudged by the Court thereto that the same be set up as the last Will and Testament of said deceased and be admitted to record as such. And it is further ordered that letters of Administration with the will annexed issue to the said FRANCES BROOKS that she may carry out the interest of said will upon her taking the oath required by law and giving bond in the sum of Two Thousand dollars. Joe W. Kelley, Ordinary STATE OF GEORGIA HARALSON COUNTY You, Frances Brooks, do solemnly swear that you will well and truly perform all the duties of Adminstration of the Estate of Benjamin Cagle dec’d with his will and in accordance thereto as the law directs to the best of your ability so help you God. Ss: Frances Brooks Sworn to and subscribed before me, September 2, 1895 Joe W. Kelley, Ordinary