JOHN A. BERRYMAN, Will, 1923, Madison Co, GA ***************************************************************** 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.rootsweb/~usgenweb/ Submitted by Leonard Frank Rice - ricelf@mindspring.com 7 Dec 2000 ***************************************************************** JOHN A. BERRYMAN, DECEASED G E O R G I A ] ] MADISON COUNTY ] I, John A. Berryman, of said State and County, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking and annuling all others, by me heretofore made. ITEM I. I desire and direct that my body be buried in a decent and Christian like manner, suitable to my circumstances and conditions in life. ITEM II. I desire and direct that all my just debts be paid without unnecessary delay by my Executrix hereinafter named and appointed. ITEM III. I hereby give bequeath and devise to my beloved wife, Mrs. Lelia Berryman, all of my estate, of whatever discription, both real and personal, for her own benefit and use, during her natural life, or widowhood. She to keep every thing as it is at the time of my death, and to have the use of the issues, rents and profits thereof, during her natural life or widowhood, to dispose of as she sees fit. What I mean by this, is all the property, both real and personal, that I may die seized and possessed of. And if any of said property, such as cows, mules, sheep or hogs, she to have use of the as her property and whatever of these that are on hand at her death, or at the end of her widowhood, to stand in lieu of any that may be on hand at my death. She to dispose to dispose of any such property as she may see fit, and to have the right to issues rents and profits thereof, What I mean by this is, as to the personal property only, and she does not have the right to dispose of any of the realty. If it should become necessary to dispose sell any of said property to pay my debts, then she to select that which she sees fit, and to sell the same at public or private sale without any order of court to do so, for this purpose. ITEM IV. It is my will and I desire, I hereby will devise and bequeath to my children, Mrs. Valley Rice, Arie Rice, Scott Berryman, Carmel Hairston, Kate Stephenson, Lottie Berryman, Arnold Berryman, Herald Berryman and Luna Berryman, after the death of my said beloved wife, or after she should marry again, if she sees fit to do so, in remainder all of my property that may be left after the death or marriage of my said beloved wife, to be equally divided between them, the same to be divided in kind if they can satisfactorily do so. If not, the same to be sold and equally divided between them. If any of my children herein named should die, and leave no child or children, then the part that would go to them to revert to my estate, and be equally divided between the other children herein named, or their descendants. If any of the children herein named should die before my death, then the part that is to go to such child or children, is to go and be the property of their said child or children. The share that would go to them, to be equally divided between such children. This to be of the real and personal property that may be on hand at the death or marriage of my said wife, Mrs. Lelia Berryman. ITEM V. I hereby appoint my beloved wife, Mrs. Lelia Berryman, my executrix, to carry this my last will and testament in to effect, hereby relieving her from making any returns to the Ordinary or having said estate appraised, or from giving any bond, and all that is required of her under this will is, to probate said will, and to enter upon and take charge of all the property that I may die seized and possessed of and hold the same in accordance herewith. If there should be any bond for titles out standing, for any lands sold by me, or for any money loaned, she is hereby authorized to collect the amounts due thereon, and to make titles for the purchaser for the same, or to cancel any security deed, without any order from the Ordinary so to do. ITEM V. (See Item VI above) It is my will and desire, and I so intend, that the provisions made for my beloved wife in item third of this my will, and the interest therein conveyed to my wife, shall be in lieu of dower and year's support, and if my wife takes under this will, then it is understood that she renunciates all of her rights to dower and a year's support, and if she does not take under this will, and takes a dower and year's support in lieu thereof, then the said will to be effective in the same way, and to the same extent as she should die or marry again, and the property is to be then disposed of as is provided in the fourth item of this my last will and testament. This December 3rd, 1917. John A. Berryman Signed, sealed, declared and published by John A. Berryman as his last will and testament, in the presence of the undersigned witnesses thereto, being called upon individually and specifically by John A. Berryman as witnesses to this will, he first signing the same in our presence, and we then signing as witnesses in his presence. This December 3rd 1917. T. C. David. D. A. Moseley Berry T. Moseley Probated and admitted to record this March 5th, 1923. N. C. Bullock, Ordinary