Will: George Thomas Whitworth,19 April 1924: Madison County GA Contributed for use in USGenWeb Archives by Sandi Franklin *********************************************************************** USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Georgia, Madison County I, Geo. T. Whitworth, being of sound and disposing mind and memory, do make this my last will and testament, revoking all others by me made. Item 1. - It is my will that after my death, my body be buried in a decent manner. Item 2. - It is my will that after my death, my executors hereinafter named take charge of my entire estate, both real and personal, and as soon as practicable all my perishable property be sold according to law to the highest bidder. After such sale, I want all my just debts paid, should I leave any. Should there be enough money to pay any such debts, I hereby authorize and empower my executors to borrow money to pay any creditors who may be pushing for settlement. In case there is not enough money to settle up everything, the terms of this will included, I will that all my real estate be held together by my executors and rented until there is a sufficiency of money to pay all such debts. There is a drainage debt of $1,550.00 outstanding against me that I do not consider just. It is the grandest fraud that I have ever been caught in. I have about $350.00 extra for branch and drain ditches, in consequence of the project. I have also paid $180.00 interest, and it all is proving to be a curse instead of the expected blessing. I do not know what will be the final result, but hope that we can at least get a compromise, and I hereby will that my executors be empowered to use their best efforts to this end. Item 3. - It is my will that my grave together with that of my first beloved wife, Fannie E., and the graves of my three dead children which will lay to my left, all be covered in concrete in first class style with head and feet markers set in concrete. It is my will that the date of my death be placed directly under the date of my birth on my monument, and directly under this, I want the following inscribed, "All Primitive Baptist members of Moriah church, Oconee Association." In this last part an abbreviation may be used. If my present beloved wife, Linnie E. so desires, I want her buried on my right and her grave covered in concrete like unto the others with her birth and death dates inscribed on the west side of same monument with the following: "Linnie E. daughter of J. B. and M. E. Thompson, second wife of Geo. T. Whitworth." I will that head and foot markers be placed to her grave, set in concrete like unto the others. Item 4. - I will to my present beloved wife Linnie E. $1,000.00 in lieu of a share of my real estate. It is my will further, that my present wife, Linnie E., have full conctrol of my home dwelling place with surroundings, including smokehouse, poultry house, and yards and what use she may have to the pasture, barns and barnyards, together with fire wood and so on, orchard to be included. I will further that whatever may be left in my dwelling or smoke house, at my death, in the way of an every-day living shall go to, and be the property of, my present beloved wife, Linnie E. After her death, full control of said home place shall go to my son Hoke H. as herein after provided. Item 5. - It is my will that after my just debts have been paid or satisfied, that my real estate be divided as follows: First: I will to my daughter, Emma L. Brown, the place on which she now resides containing 52 1/2 acres. Second: I will to my daughter, Ella E. Thompson, my father's old home place on which she now lives containing 44 and 76/100 acres. And, while I can not make it binding, it is my wish, and I have her promise so to do, to keep said place so long as she lives leaving the use of it to her bodily heirs so long as they live and then to their bodily heirs. This being my grandfather Hampton's old home place. Third: I will to my son, Thomas L., the old J. B. Whitworth home place, containing 42 acres. Fourth: I had formerly willed to my son, George Preston, my Ware land containing 3/4 undivided interest in 80 and 31/100 acres - I had given him the right to sell the 45 acres and reinvest in land more suited to his convenience. But now in consideration that I have had to pay a security debt of $3,600.00 for him and on account of which I have bound about 200 acres of my other lands which I have and not willing to my other heirs. So, in this instance, it is my will that in the vent he fails to pay or relieve me or my estate of this $3,600.00 that as soon as practicable after my death all the Ware land go to sale to best advantage by my executors, and the proceeds go to pay the $3,600.00 debt, which includes principal, interest and court cost and so on. I now hold a security deed from him to the undivided one fourth interest to the Ware place, as well as the joint deed given to W. M. Threatt to secure the original debt of $2,500.00. I also hold a note against him for the sum of $731.20, loaned him and which went in to the purchase price of his H. W. Roberts land containing 45 acres and into the improvements of the same, for which I hold bond for title and other security. It is my will that in the event the Ware land is sold as herein provided, and that there is not sufficient money raised from said sale to pay off the $3,600.00 debt that the collection of the $731.20 note be applied on said debt if necessary, and if said $3,600.00 debt has not already been paid. If he shall relieve me or my estate of these two debts, it is my will that he come into full possession of said Ware land. He now controlling said land, I shall expect him to pay me or my estate the regular rents in the same proportion as my other children pay me. Fifth: I will to my son Homer C., the James H. Bullock old homestead containing 45 and 83/100 acres. He now living in the State of Texas, I give him the right to sell said land and make deeds so that he may reinvest in a home more suited to his convenience. Sixth: I will to my son, Samuel E., the place on which he now lives, containing 45 and 47/100 acres. Seventh: I will to my daughter, Fannie Ruth Tolbert, the Windham place together with a part of the J. B. Whitworth place containing 45 acres. Eighth: I will to my son Hoke H., my home place containing 44 and 37/100 acres subject to my present wife's life time claim as stated in item four of this my will. I will that he shall have and control said estate so long as he lives, and will that after his death, said estate go to his heirs. This being the old home whereon the family burying ground is situated, I desire to keep it in my name and family as long as possible. Ninth: I will to my son Reese M. the R. B. Bullock place, containing 44 and 37/100 acres. Item 6. - It is my will that after my just debts have been fully paid, or satisfied in terms of this my will, that my heirs herein mentioned come into full possession of their respective shares of my real estate as above outlined and as a recent survey made by W. M. Coile, but I positively forbid any of my heirs to sell and make titles to their respective shares except as herein before provided, after they shall reach the age of sixty years, I will that they may sell and make titles if they so desire, except my daughter, Ella Thompson, and my son, Hoke H., I forbid either of them to ever sell and make titles - for reason I have given in Item 5, sections 2 and 8. Item 7. - It is my will that in the event any of the companions of my heirs should outlive them, that such one shall have the use and control of said estate so long as they live, but shall have no right to sell or make titles to said land. Item 8. - If any one of my heirs herein mentioned should fail to pay the taxes on their shares of their real estate obtained by virtue of this my will, it is my will that such shares revert back to my other heirs, they to take possession of such share, rent said land, pay the taxes, keep up the place and divide the over plus equally between all until delinquent heir shall pay up all taxes and thereby come back into full possession of such share. Item 9. - It is my will that in case any of my heirs herein named should owe me any money at the time of my death, or at the time of the final settlement of all my debts that such one shall pay into my estate such money, and in the event they could not pay, it is my will that their respective share be rented by my executors and said rent controlled by them until such debt is fully settled the distribution of same to be equal among all my heirs. After such shall have been fully paid, such heir shall come into full control of their share. Item 10. - It is my will that in case there is any money left after a final windup of all my affairs, that such money be equally divided between all my heirs herein mentioned including my present wife, Linnie E. Item 11. - I Hereby appoint my two sons, George Preston and Samuel E., executors of this my last will and testament. In the event of the death of either of them, it is my will that my son Hoke H. act instead. I will further that my executors shall make annual reports on the conditions of my estate, and that they have the sum of two dollars and fifty cents ($2.50) each per day for their services. Published, signed and sealed by George T. Whitworth as his last will and testament, in the presence of the undersigned as witnesses, he first signing in our presence, and we signing in his presence, at his instance and request as witnesses in the presence of each other. This 19th day of April, 1924. H. H. Hart, C. N. P. Geo. T. Whitworth, Testator H. C. Hardman W. S. Lowe, C. N. P. Probated and admitted to record, common form, July 2nd, 1934 N. C. Bullock, Ordinary