Will of I. H. Pitts 11 Dec 1913 Harris County, GA Harris Co., GA, Will Book 3, pp. 351-353 (this is a typed entry in the will book) Georgia, Harris County In the name of God Amen. I I. H. Pitts, of said state and county, being of sound and disposing mind and memory, and desiring to dispose of my worldy [sic] effects at my death in a manner which I deem just and proper to my child-ren and grand children, do hereby make this my last will snand [sic] testament hereby expressly revoking all others hertofore [sic] made by me. Item 1st. I desire that my body be given a decent and Christian like burial, suitable to my circumstances and conditions in life. Item 2nd. I desire that my executors hereinafter named pay all of my just debts as soon after my decease as can be don, using for that purpose any moneys which may come into their hands as such. Item 3rd. I will bequeath and devise unto my son W. I. H. Pitts the sum of Fifteen hundred ($1500.00 dollars in cash as a special legacy to him. independent of the elegacy [sic] hereinafter bequeathed and to be paid to him befre [sic] any division of my estate is made as hereinafter directed. Item 4th: I will and direct that my executors heinafter [sic] named at such time as they may deem advisible [sic] to do so not exceeding five 5 years after my death to fdivide [sic] my estate into six (6) equal parts. after payment of my debts and the special legacy mentioned in the preceding item of this will; one of which I give, bequeath and devise to each of my children, towit [sic], W. I. H. Pitts T. R. Pitts, Mrs. Nannie Schley, Mrs Estelle Frizzell and Irene Pitts, one share each? [sic] and one of said partts [sic] to my grand children, Mrs. Mary Dixon, wife of T. B. Dixon, Miss Willie Neal. Harry Neal and Schley Neal, share and share alike. I have heretofoer [sic] made advancements to some of my children, including my deceased daughter, Kate Neal, the mother of the aforenamed Grandchildren from who I have receipts. My said executors before making distribution of my estate state as herein provided, will require said children to whom I have made advancements to account for such advance-ments in making settlement for their distributive share of my estate, without the payment of any interst [sic] on said advances. The share bequeath to the aforesaid grand children will account for the advancements made to their deceased mothe [sic] without interst [sic]. Item 5th. My estate consist largely in a mercantile and Banking business at Waverly Hall, Georgia and in order to afford time within which to wind up said business without loss to my estate, I do hereby authorize and empower my executors herinafter[ sic] named to conduct and carry on said mercantile and banking business after my death, and also the operation of my farming interst [sic], until such time as my executors may deem it proper to make a distribution of my estate as directed in the preceding item of this will; such time however for the condicting [sic] and carrying on of said business by my executrs [sic] shall not exceed five (5) year [sic] from the date of my death; and for the purpose of sucessfully [sic] carrying on and conducting the farming p [sic] operations and said mercantile and banking business, my said executors are hereby invested with the power and authority to purchase merantive [sic] borrow mony [sic] and sell the same in due course of business, either for cash or on credit, in the same manner in which the same is now conducted and carried on, keeping appropriate books as are now kept in connction [sic] with my affairs. Item 6th: on the first day of Janury [sic] 1902 I entered into a contract with my two sons W. I. H. Pitts and T. R. Pitts and my son/in-law [sic]. J. E. Frizzelle, whereby they were employed in connection with my mercantile business at Waverly Hall on certain sallries [sic] therein mentioned, and also were to receive one half of the yearly net profits of the business in said contract referred to, after deducting all expenses for carrying on the same. Proper books have been kept showing the annual profits of the business and no division thereof has ever been made under the terx [sic] of the aforesaid contract. Before makin [sic] a division of my estate and a distribution thereof as set forth in Item Four of this Will, I desire that my said two sons and son- in- law J. E. Frizzell be paid said one half of the profits as is shown upon the books of the business to have been accumulated since said contract was made and entered into. I hereby ratify and confirm said contract and direct the payments to be made to them in accordance therewith in the same nammer [sic] as any other debt or obligation which I may be due or owing. Item 7th: I have an insurance policy on my life and when the same is collected by my executors I direct that the proceeds arising from said insurance be immediately divided in the manner and in the proportion as stipulated in Item Four of this will, without waiting for the general distribution of my estate as herinbefore provided. Item 8th: I hereby nominate and appoint my beloved sons W. I. H. Pitts and Thomas R. Pitts and my son- in-law J. E. Frizell, as executors of this, My Last will and Testament and having confidence in their ability, judgment and integrity in carrying out the provisions of this will. I will and direct that they be not required to give any bond as such, nor shall they be required to make any returns of their actins [sic] and doings as such to the Court of Ordinary, or any other Court? [sic] My said executors are hereby given the power and authority to sell all or any part of my estate, either at public or private sale, as to them may seem for the best interst [sic] of the estate, and according to their best judgment as to how and when the same shall be sold and disposed of. In witness whereof I hereto subscrie [sic] my name and affix my seal this the 11th day of December 1913. I. H. Pitts (L.S.) Signed, sealed, declared and published by I. H. Pitts as his Last Will and Testament, in the presence of us the subscribers, who subscribed our names hereto as witnesses, in the presece [sic] of said Testator, and in the presence of each other: the said Testator signing in our presence, and we signing in his presence and in the presemce [sic] of each other, on this the 11th day of December 1913. A. H. Whitehead. J. G. Owen. J. H. Harris. Georgia Harris County. We A. H. Whitehead J. G. Owen and J. H. Harris do swear that we as well as each of us saw the ithin [sic] named I. H. Pitts sign and publish the within attached paper as his last will and testament that we subscribed the same as witness thereto at the special instance and request of the said I. H. Pitts and in his prence [sic] as did also each and all of us in the presenve [sic] of testator and of each oother [sic] that the said I. H. Pitts signe [sic] the same freely and voluntarily and was at the time of such signing of sound and disposing mind and memory. A. H. Whitehead. J. G. Owen. J. H. Harris Sworn to and subscribed before me this 3rd day of September 1917. J. F. C. Williams Ordinary. ==================================================================== 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 this file permanently for free access. This file was contributed by: Sarah Sharpless sks6@earthlink.net ====================================================================