MILLER COUNTY Will - J. S. Wilkin ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: Mary Lewis < lewis4@wcsonline.net > Georgia, Miller County: I J. S. Wilkin, of Miller County, Georgia being of sound amd disposing mind and memory, do make this my last will and testament, hereby revoking all others that I have heretofore made. Item 1. It is my will that my body be buried in a decent and Christian-like manner. Item 2. It is my will and desire that my just debts be paid as soon as practicable after my death. Item 3. I hereby will, bequeath and devise unto mysaid wife, Tempie Bush Wilkin, any and all interest and equity I may have in or to any and all property, both real and personal belonging to the firm of J.S. Wilkin & Son. This bequest includes stock of merchandise, fixtures and accessories as well as chases in action and money in bank belonging to said firm of J.S. Wilkin & Son. All of same to be the property of Tempie Bush Wilkin, absolutely and in fee simple. Item 4. I hereby will, bequeath and devise unto my said wife, Tempie Bush Wilkin, my one-half undivided interest in and to 140 acres tract of land lying in the north side of lot of land no 363 in the 13th district of Miller County, Georgia, known as the Holt place, for her natural life and at her death to my children as herinafter provided. Item 5. I will bequeath and devise all of my property, both real and personal of whatever kind and wherever situated to my beloved wife, Tempie Bush Wilkin; for her use and benefit for an during her natural life and she has the right to borrow money or dispose of do anything in reference thereto that she may deem proper without any order of court, and without the consent, control of interference with her by any person, subject only to the obligations upon her to pay the taxes, keep the property insured and preserve it in such way as she may deem best and proper without any liability to any other person for waste or mismanagement. Item 6. At the death of my said wife, it is my will and desire that all of my property, both real and personal, not disposed of by my wife and not used by her, be divided equally among all of my children share and share alike, and in the event any one of said children should die leaving children, then such child or children to have the share going to its parents, per capita, as between themselves if more than one child of such deceased parent. Item 7. I hereby name and appoint my wife, Tempie Bush Wilkin, as executrix of this will, and I hereby expressly relieve her of making any inventory or appraisement of my estate, or from giving any bond or making any returns to any court and all that is required of her under this will is to probate the will and then enter upon and take charge of the property as provided in Item 4 of this will. This April 6th 1936. Signed J. S. Wilkin (L.S. ) Signed, sealed, declared and published by J. S. Wilkin as his last will and testament, in the presence of the undersigned as witnesses thereto, being called individually and specially by J. S. Wilkin as witnesses to this will, he first signing the same in our presence, and we then signing as witnesses in his presence and in the presence of each other. This the April 6, 1936. signed G.C. Jinks D.B. Bell W. W. Bird Georgia, Miller County Whereas, I the undersigned, J. S. Wilkin, of said State and County, did on the 6th of April 1936, sign, declare and publish my last will and testament, and Whereas, I am desirous of changing the same, I therefore make and publish this codicil as follows: First: I will and bequeath to my daughter Cappie Wilkin, my residence in the City of Colquitt, Georgia, and the lot on which same is located, including all theland on which the present pecan grove is located and being what is knows as my home place where I now reside, said property consisting of eight acres of land, more or less, located on the west side of Cuthbert Street, in the City of Colquitt, Miller County, Georgia and being a part of lot of land no 170 in the 13th District of Miller County, Georgia. This bequest, however, being made subject to the life estate in said property bequeath to my wife, Tempie Bush Wilkin in Item Five of the will above referred to it being my desire that at the death of my said wife, Tempie Bush Wilkin, said residence and lot including the pecan grove shall belong to my said daughter, Cappie Wilkin in fee simple . And it is understood that this bequest is made to my said daughter, Cappie Wilkin, in full settlement of any interest she might have in my estate as an heir at law, and that she is not to share in the division of the other property devised by me to my wife for life, with the remainder over to my children. Second: I will and bequeath to my grandson, Willie Joe Wilkin, that certain vacant lot in the City of Colquitt, Miller County, Georgia, fronting one hundred feet on the west side of Cuthbert Street and extending back west three hundred feet. Said lot being bounded on thenorth by property recently set apart as a years support to the wife and children of my deceased son, W. J. Wilkin, on the east by Cuthbert Street, and on the south and west by other property owned by me. It is understood that at my death that lot is to become the property of said Willie Joe Wilkin in fee simple. Third: Referring to Item Six of the will above referred to, it is my will and desire that in the division of the remainder of my estate at the death of my wife, Tempie Bush Wilkin, the three children of my deceased son, W.J. Wilkin, to-wit: Dorothy Wilkin. Willie Joe Wilkin and Jane Wilkin, shall jointly have a child’s share in my estate. In other words, I wish my said three grandchildren to receive the interest in my estate that would have gone to my deceased son, W.J. Wilkin, had he bee in life. Fourth: I hereby name and appoint my daughter Cappie Wilkin to act as executrix of this will, after the death of my wife, Tempie Bush Wilkin, said Cappie Wilkin being appointed executrix for the purpose of winding up and distributing the remainder interest in my property, after the death of my said wife, Tempie Bush Wilkin, and as such executrix I hereby expressly relieve her the said Cappie Wilking making any inventory or appraisement of my estate or from giving any bond or from any returns to any court, and she is expressly authorized bythis will to take charge of said property on the death ofher mother, Tempie Bush Wilkin, and divide and distribute same as provided in my original will and in this codicil. Signed J.S. Wilkin Published, declared and executed by J.S. Wilkin as a codicil to his last will and testament, on the 23rd day of July 1936, he signing in our presence and we signing in his presence and in the presence of each other. Signed E. L. Cheshire Mary J. Austin N. L. Stapleton Recorded August 10, 1936 W.C. Dancer, Ordinary (signed)