JONES COUNTY GA Will Pitts, A. Noel- 1865 File contributed for use in USGenWeb Archives by Larry Comer LComer@houston.rr.com Last Will and Testament of A. N. [Archibald Noel] Pitts ==================================================================== Jones County, Georgia Will Record E, pages 37-40 Noel Pitts Will together with proceedings in Establishing the same. State of Georgia } Jones County } Jones Court of Ordinary Feby Term 1865 The Petition of Peyton T. Pitts respectfully showeth that from information received he has just reason to believe that his Nephew A. N. Pitts late of said county deceased did make and Execute his last will and Testament Sometime during the year 1864; and prior to his death; That said will was Deposited with F. S. Johnson Esqr. or Some other citizen and that said will was destroyed by the public enemy sometime during the month of November last and that the Same was lost by reason of a hurried removal of papers or confusion incident to the presence of the public enemy. That said A. N. Pitts was taken Sick soon after said Enemy passed through the county, and died, as petitioner has reason to believe without the knowledge of the destruction of or loss of his said Will. That Petitioner was nominated and appointed Executor to said Will as he is informed and believes and therefore Submits to the Honorable the Ordinary of said county a paper purporting to be a true copy of said will and prays a citation may issue to the heirs at law of said deceased, to show cause at the April Term of this Court for the present Year why said last will should not be Established and that the paper purporting to be a copy of the same should not be set up in lieu of the original and the said be admitted to probate and record, and in duty bound will ever pray etc. Peyton T. Pitts Petitioner By his atty. R. W. Bonner Citation issued upon above petition Jones Court of Ordinary Feby. Term 1865 Upon hearing the Petition of Peyton T. Pitts Sr. to establish the last will and testament of A. N. Pitts decd - it is hereby Ordered that a citation be issued and published at Macon until the first Monday in April next calling upon and notifying the heirs at law of said A. N. Pitts decd to be and appear at the April Term of this Court to show cause why said will should not be established and admitted to probate and record. COPY WILL State of Georgia } Jones County } I A. N. Pitts of said State and county being of sound and disposing mind and memory hereby publish and declare the following as my last will and testament Viz Item 1st. It is my will and desire and I direct my Executor herein after named to pay all debts credited or incurred by me during my minority where he shall be satisfied that they are just and not fraudulent as I wish all proper debts paid. Item 2nd. After the payment of my debts and all necessary expenses attending the administration of my estate - I give and bequeath to my brother John M. Pitts all of my estate real and personal of all kinds. Item 3rd. I hereby nominate and appoint my Uncle Peyton T. Pitts my Executor to carry into effect and to execute this my last will and Testament. In Testimony whereof I have hereunto set my and and seal this the [blank] day of April 1864. A. N. Pitts (Seal) Signed sealed and executed by the Testator in our presence who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto the day and year above written. R. W. Bonner F. S. Johnson Sr. W. A. Juhan Evidence Submitted Jones Court or Ordinary April Term 1865 In open court personally came Thomas A. Bowen and Peyton T. Pitts who being duly Sworn deposeth and saith that sometime during the year 1864 A. N. Pitts now deceased informed said Deponents that he had made his will, and that they believe that it was during the Spring or Summer of Said year that deceased Testator imparted said information - Peyton T. Pitts one of said deponents further Swears that said deceased told him that in his will he had given his property to his Brother John M. Pitts - Deponents further Swear that they verily believe that said A. N. Pitts died without the knowledge of the loss or destruction of his said Will. Thomas O. Bowen Peyton T. Pitts Sr. Sworn to & Subscribed in Open Court April 3rd 1865. Roland T. Ross Ordinary Georgia } Jones County } Jones Court of Ordinary April Term 1865 In open court personally came R.W. Bonner and F. S. Johnson Sr. Who being duly Sworn deposeth and Saith that they were two of the subscribing witnesses to a will made by and executed by A. N. Pitts of said county sometime during the first part of the year 1864. That they Saw said Pitts Sign and Execute his Said Will, and that he was of Sound and disposing mind and memory at the time; That he Executed the Said freely voluntarily and without compulsion and that Said Deponents Signed said will, and as they believe together with, W. A. Juhan as witnesses in the presence of Testator, and in the presence of each other - Deponents further Swear that said Will was legally signed and executed, having the required number of witnesses, to make a valid and legal instrument; that said will after being properly executed was placed in a letter envelope and left in the care of said F. S. Johnson Sr. for Safe Keeping. That said F. S. Johnson Sr. has been unable to find said will since the death of the Testator and believes that it was either destroyed by the public Enemy or lost in the confusion incident to a hurried removal of papers on the approach of the Public Enemy; and that said Testator was not informed of the loss or destruction of his said Will, and deponents believe he died ignorant of the fact of the loss or destruction of his said will - R. W. Bonner one of the above deponents further Sweareth that he wrote the said will of said deced - and that a copy of the same now propounded to the court for probate and record is correct in Substance and is near a literal copy as human memory can make it, and that the bequests are without a doubt not varied in the copy sought to be established from the Original. F. S. Johnson Sen. R. W. Bonner Sworn to and subscribed in open court April 3rd 1865. Roland T. Ross Ordinary Jones Co. Ga. ======================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access.