HARALSON COUNTY, GA - WILLS - Andrew J. Stewart

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WILL BOOK A, PAGE 158-159                  

WILL OF ANDREW J. STEWART
STATE OF GEORGIA
HARALSON COUNTY  
Too the Honorable Thos. A. Hutcheson, Ordinary of
said County:

The petition of C. B. Stewart shows that Andrew J.
Stewart, late of said county died testate in said
county on the 10th day of February 1903.  Owning
real and personal property in said county.
Petitioner herewith persents the last Will and
Testament of said deceased and shows that he is
named therein as executor.  Your petitioner shows
that the following named persons are all the heirs
at Law of said testator: MARY J. WILLIAMS, NANCY A.
NETTLES, ROBERT STEWART, MARTILE STEWART AND CLEO
STEWART, ALL OF POLK COUNTY, GA., AND MALINDA A.
STEWART (WIDOW) AND YOUR PETITIONER of said Haralson
County Georgia and that of said persons names
Martile and Cleo Stewart are minors.

Petitioner pray leave to prove said in solemn form,
and that letters testamentary do issue to him; and
that citation do issue to said heirs at law in terms
of the statute in such cases made and provided, and
that guardians ad litem be appointed to represent
said minors when made parties to this proceeding by
proper service.

C. B. STEWART, Petitioner

Read and considered, Ordered that MARY J WILLIAMS,
NANCY A NETTLES, ROBERT STEWART, MARTILE STEWART AND
CLEO STEWART of Polk County, Malinda J. Stewart, of
Haralson County be and appear before the Court of
Ordinary to be held in and for said county on the
6th day of April1903.  Let citation issue
accordingly and be served personally ten days before
said term of court.  Thos. A. Hutcheson, Ordinary

Due and legal service of the within petition
acknowledged; citation and all further service and
copies waived this 23 day of March 1903

   MARY J. WILLIAMS
   NANCY A. NETTLES
   R. S. STEWART
   MALINDA L. STEWART

I have this day served Martile Stewart and Cleo
Stewart each personally with a citation issued from
the Court of Ordinary of Haralson County, GA citing
each be and appear before said court by 10 o’clock
AM on April 6, 1903 to show cause why the will of
Andrew J. Stewart should not be proven in solemn
form and admitted to record as prayed for herein.
J. E. DEMPSEY, SHERIFF [POLK COUNTY GA]

STATE OF GEORGIA
HARALSON COUNTY  IN RE.

Petition of C. B. Stewart for probate in solemn form
of the will of A. J.  Stewart deceased.

And now comes Martile and Cleo Stewart, by their
guardian ad litem, Mrs. N. L. Stewart and files this
their caveat to the above stated petition and object
to the admission to record of said will and for
cause of objection say first.  Said instrument is
not the will of A. J. STEWART because he did not
execute the same voluntarily and freely but was
moved thereto by some undue influence exert4ed over
him by his son C. B. Stewart

2nd.  Prior to the execution of the instrument
sought to be probated as the will of A. J. Stewart,
said A. J. Stewart did execute a will but through
the undue influence exerted over him and fraud
practiced upon him by his son C. B. Stewart, the
said A. J. Stewart was influenced and induced to
make and execute the instrument now sought to be
probated as his last will.

WHEREFORE, caveators ask that the said instrument be
refused probate.
 SANDERS & DAVIS
 E. S. GRIFFITH
 ATTYS. FOR CAVEATORS

   Last WILL AND TESTAMENT OF ANDREW J. STEWART
I, A. J. Stewart of said State and County being of
sound and disposing mind and memory do make and
publish this my last Will and Testament. Item 1. I,
give and bequeath to my wife Malinda J. Stewart,
land lot no. Seventy one (71) in the seventh Dist
and 5th section of said County to be by her held and
used for her support and benefit during her natural
life or until she should marry again, in which event
this life estate shall terminate and shall be sold
by my executor and the proceeds thereof divided
equally among my heirs under the rules of
inheritance.

Item 2. Since the execution of my first will I have
paid to Mrs. Nannie J. Stewart widow of my deceased
son Jno. M. Stewart, six hundred dollars ($600.00)
to be by her held and used and expended for the use
and benefit of her two girl children Martile and
Clio according to her best judgment and discretion. 
This provision having already been made and executed
the said Martile and Cleo do not participate in the
provisions of this will except as to such residue as
may arise under its provisions.

Item 3.  I give bequeath and devise to my son C. B.
stewart, the entire farm where he resides including
the place where John Smith now resides and known as
the “T., S. Latham Place”: Also my home place and
all other real estate situated in the town of
Buchanan, GA. To be by him held in trust for his
children now in life and such other children as may
be born to him.  His wife shall be a beneficiary
under this trust coequal with the children during
the life of my son or during her widowhood in event
of his death the trustee herein named shall have the
entire control and management of said property to be
used as his best judgment may dictate.  If in his
judgment it shall be to the interest of said cestuy
que trust to sell any portion of said lands for
reinvestment, then he may do so without further
authority and such sale shall be good and valid.  He
shall not be required to  make annual returns as
such trustee.  At the death of said trustee, the
property shall be sold and the proceeds equally
divided between the heirs of his body.

Item 4.  I give, bequeath and devise to my daughter
MRS. MARY J. WILLIAMS AND MRS. NANCY A. NETTLES the
farm known as the ‘STEEL PLACE” where Connell now
resides and the farm on which Allen Bishop now
resides. This item includes the lands purchased of
R. D. Latham.

Item 5.  I desire my household and kitchen furniture
disposed of as folows: My wife to have one large
metal trunk, one spinning wheel and a small rocking
chair this in addition to what she owned at the time
of our marriage.  My executor will select some lady
fried of mine who will so divide the bedsteads and
bedding that each of my children and the widow of my
deceased son shall receive an equal portion. The
balance of my household and kitchen furniture to e
equally divided between my wife and children and
daughter and law.

Item 6.  I want my wife to have a twelve months
support in provisions if the same shall be on hand
at my death and if not sufficient $20'00
(transcribers note: way amount was typed)
additional.

Item 7. I give, bequeath and devise to my grand-sons
ROBERT AND CALAWAY STEWART the sum of $200'00, two
hundred dollars each.

Item 8.  My wife and all beneficiaries under the
will to whom property in kind is given will be given
possession with all growing or matured crops subject
to expenses of administration.

Item 9.  As to all property which I may own at the
time of my death, I empower by executor to sell at
private sale if in his judgment a better sum can be
secured than at public sale and to divide the
proceeds among my heirs under the rules of
inheritance.

Item 10.  I hereby constitute and appoint my son C.
S. Stewart, Executor of this my last will and
testament.  I desire that he shall not make annual
returns after the first two years from his
appointment.
     ANDREW J. STEWART (X HIS MARk)
Signed, sealed 6TH DAY OF April 1901
Witnesses: Jesse Beall
     Chas. B. Weatherly
     Price Edwards