Milton Co. Ga - Will of Joel C. Day Submitted by: Meredith Clapper ************************************************************************ 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, Milton County I Joel C. Day of said county, being of sound and disposing mind and memory do make this my last will and testament, hereby revoking all other wills heretofore made by me. Item 1. I desire and direct that after my death that my body be buried in a decent and Christian like manner. Item 2. I desire and direct that after my death my Executors hereinafter named shall as early as possible pay all of my just debts if any I owe. Item 3 I desire and direct that after my death and the death of my wife Mary S. Day that my Executors hereinafter named expend one Thousand dollars or more, if it takes it to fix up both our graves. I desire and direct both mine and the grave of my wife be cemented, and a nice tombstone be placed over each of our graves. Item 4 I desire and direct that after my death, that my wife Mary S. Day have and possess all of my property both real and personal for and during her natural life. Item 5 I desire and direct that after the death of my said wife Mary S. Day that my home farm, all the land I possess be divided equally between Henry E. Phillips and Ura White and also that they each one of them have one thousand dollars in money from my estate, for the faithful services they have already rendered me and my said wife. If the said Henry E. Phillips and Ura White, cannot agree on an equal division of my said land, I direct that three disinterested persons and that they each abide the results of such division. Item 6 I also give and bequeath to Mamie White Rogers one thousand dollars to be paid to her by my executor after the death of myself and my said wife. Item 7 I also give and bequeath to my sister Sarah Phillips Five hundred dollars to be paid by my executor after the death of myself and my said wife. Item 8 I also give and bequeath to my brother Mitchell Day five hundred dollars t be paid to him after the death of myself and my said wife. Item 9 I give and bequeath to the heirs of my deceased brother James L. Day to be equally divided among said heirs the sum of five hundred dollars to be paid to them after my death and the death of my wife. Item 10 I give and bequeath to the heirs of my deceased brother E M Day the sum of five hundred dollars to be paid to them after the death of myself and my said wife to be equally divided among said heirs. Item 11 I give and bequeath to my nephews Bartow Phillips and Odie Garrison the sum of five hundred each to be paid to them after the death of myself and my said wife. Item 12 I give and bequeath to Boiling Springs Primitive Baptist Church to be paid to the deacons of said church and the successors the sum of five hundred dollars to be loaned out or invested on good and permanent security. I want the pstor of said church to have ten dollars per year of this amount, and the income to be used for the benefit of said church property, and I want the said amount to last said church just as long as possible and bear the name of the J C Day Church fund. Item 13 I desire and direct that after all the foregoing bequeaths are paid in full and all the expense of winding up my said estate in full, then if there is any balance on my said estate left over, I desire and direct that such balance no matter how much nor how little such balance may be go to the Milton County High School at Alpharetta, Ga to be used for the purpose of buying school books for the children who attend said school when such children's parents are not financially able to buy such books for their children and to be used for other charitable purpose connected with said school, which in the best judgement of the Trustees of said school is advisible. I constitute and appoint my two nephews Bartow Phillips and Odie Garrison as Executors of this my last will and testament, relieving them of giving bond and making returns to the Ordinary. And of all other expense except the expense of probation this my last will this October 15, 1925. Signed sealed and published as the last will and testament of Joel C Day and witnessed by the undersigned He, signing in the presence of each of us and we signing in his presence and the presence of each other at his request. This Oct. 15, 1925. W H Spence J H Manning Eli Broadwell Probate in Common form March 1, 1926 O C Shirley Ordy Petition of Bartow Phillips and Odie Garrison to probate in solemn form, will of J C Day Georgia, Milton County To the Ordinary of said county The Petition of Odie Garrison and Bartow Phillips respectfully shows the following facts: 1st That Joel C Day departed this life on the 24th day Feb 1926. That he died a resident of said county. 2nd That prior to his death said Joel C Day made and published his Last Will and Testament in which he named your petitioners as executors. 3rd Petitioners how that the following named persons are the heirs at Law of said deceased: Mitchell Day, Sarah Phillips, Mrs. Addie Russell, Will Day, Charlie Day, J W Day, Mrs. Sallie Wood, Mrs. Nora Wood, Mrs. Alma Watson, Mrs. Laura Carmichael, Mrs. Mattie Tucker, Mrs. Mary Harman [Hardeman] Hood, Mrs. Monterey Westbrook, Mrs. Alpha Land, John Day, Mrs. Ella Porter, Mrs. Minnie Bates, Mrs. Mary Pruett, L R Day, Dollie Morris, W M Day, John Day, James Day, Samuel C Day, Mrs. Lucy Upton, Mrs. Leola Umphrey, Charlie Pritchett, James Pritchett, Grady Pritchett, Roy Pritchett, Alma Long, Lorena Fawcett, children of W L Day, Floyd N. Ivey, William Ivey, Margaret Campbell, Sarah E. Smith, John A. Ivey, Oscar Lamar Ivey, Collie D. Ivey, Mary I White, Emory C. Ivey, Herbert Richardson, Cletus Richardson, Annie Adams, Annie Lee Bennett, Laura Henderson, Alma Gassett, Charlie Wilson, Tom Wilson, John Wilson, Geo. Wilson, Will Wilson, Mrs. J P Watkins, John Day's sister, Rome, Ga. Frances Harden, Sarah Harden, Benjamin Harden, Fannie Day Hawkins, C C Day. 4th The following named of said heirs resides in said Milton County, Ga. to wit: Sarah Phillips, J W Day, Mrs. Sallie Wood, Mrs. Nora Wood, Mrs. Mary Harden [Hardeman] Hood, Mrs. Monterey Westbrook, Mrs. Alpha Land, L R Day. 5th Mitchell Day resides at Cumming, Forsyth County, GA. 6th Mrs. W A Waters resides at Marietta, Rt. 5, Cobb County, Ga. 7th H J Chamblee & Fannie Day resides at Marble Hill, Pickens County, Ga. 8th Mrs. Addie Russell resides at Athens, Clarke County, Ga. 9th Mrs. Laura Carmichael, Mrs. Ella Porter, Mrs. Minnie Bates, Mrs. Mary Pruett, Mrs. Dollie Morris, reside at Canton, Cherokee Co., Ga. 10th Will Day, Charlie Day, Mrs. Annie [sic-Anna] Adams, Mrs. Alma Watson, Mrs. Mattie Tucker, reside at Atlanta, Fulton Co., GA. 11th John Day and ___ his sister reside at Rome, Ga. Floyd County 12th Mrs. Laura Henderson, Mrs. Alma Gassett, reside at Union Point, Greene county, Ga. 13th Charlie Wilson resides at Winterville, Clarke County, Ga. 14th Will Wilson and Tom Wilson reside at Meno, Chatooga county, Ga. 15th W M Day, W L Day reside at Santa Anna, Texas 16th James Day resides at Dora, Texas 17th John Day, Charlie Pritchett, James Pritchett, Grady Pritchett, Benjamin Pritchett reside at Tyler, Texas. 18th Samuel C. Day resides at Cleburne, Texas. 19th Lucy Upton resides at Fort Worth, Texas. 20th Lula Umphrey resides at Edgewood, Texas. 21th Lorena Fawcett resides at Hillsboro, Texas. 22th Alma Long resides at Dallas, Texas; also John Wilson resides at Dallas, Texas. 23rd The five children of Lon Day, namely ___ reside at Sayre, Oklahoma 24th Floyd N. Ivey resides at St. John, Kansas. 25th Margaret Campbell, John A. Ivey, Oscar Lamar Ivey, Collie D. Ivey, Emory C. Ivey, Herbert Richardson, and Cletus Richardson, reside at Paul's Valley, Okla. 26th Sarah C. Smith resides at Ada, Oklahoma. 28th Frances A. Harden, Sarah Harden, and Benjamin Harden reside at 404 Washington Ave. Montgomery, Ala. [should be Hardeman or Hardman] 29th Mrs. J P Watkins resides at Benton, Tenn Rt. 1 30th George Wilson resides at Seattle, Washington 31st All of the above named heirs are sui juris except Herbert Richardson, Cletus Richardson. 32nd Petitioners produce the will of the testator Joel C. Day in court and prays that it be proven in soleman form and to this end they pray that each and all of the above named heirs at law of Joel C. Day be cited as provided by law to be and appear at the next term of said court of ordinary to show cause, if such exists, why said will should not be proven in Solomn Form and admitted to record as the last will and Testament of said deceased and letters testamentary issue to petitioners in terms of the law. This June 7, 1926. O B Garrison & Bartow Phillips Petitioners