Monroe COUNTY GA Wills -Pope, Jesse 1844 File contributed for use in USGenWeb Archives by Larry C. Comer LComer@houston.rr.com http://files.usgwarchives.net/ga/monroe/wills/popej.txt LAST WILL AND TESTAMENT OF JESSE POPE - 1844 Monroe County, Georgia, Will Book A, pages 224-227 Office of the Probate Judge of Monroe County, Georgia Georgia } Monroe County } In the name of God Amen. I Jesse Pope of the County and State aforesaid being weak in body but of sound and disposing mind and memory and considering the certainty of death and the uncertainty of the time thereof and to the End that I may be better prepared to leave this world whenever it shall please God to call me hence -do therefore make publish and declare this my last will and testament hereby revoking all former wills by me at any time made. And first and principally I commit my Soul into the hands of God who gave it and my body to the earth to be buried in a decent and Christian like manner. Item first. It is my will and desire that all my just debts be paid by my executors hereinafter named and appointed, out of my estate as Soon as conveniently may be after my decease. Item Second. It is my will and desire that all my personal estate be kept together by my beloved wife Delilah Pope during her life time or widowhood or until my eldest child arrives at full age, or one of my children marry, the same to be under her entire control and management at the at the [sic] time giving my executors full power to sell and dispose of such part or portion as my wife may not choose or wish to keep, to be sold at her request and direction in such manner and at such times as my executors may think best for the interest of my estate, and in the event of my said wife's marriage it is my will and desire that all my estate then on hand both real and personal, be divided between my said wife and children each having Share and Share alike and in the event of my said wife's death before marriage it is my will and desire that all my estate then on hand, both real and personal be equally divided between my children share and share alike. And it is further my will and desire that on the coming of age of my eldest child or on the marriage of either of my children during the lifetime and upon the marriage of my said wife, that then my said wife give off and advance to such child such part or portion of my said estate as she may think proper not to exceed the one fourth part of the value of said estate. Item third. Inasmuch as my beloved wife Delilah Pope may wish to remove from town to the country it is my will and desire that my executors make sale of my real estate in the town of Forsyth whenever my said wife may desire it and on such terms as they may deem most to the interest of my estate which real property consists of the house and lot whereon I now reside, containing some seven acres - The house whereupon John S. Morris now resides and known as the Botanic Shop - and one vacant half acre lot adjoining Deauford & one vacant acre lot adjoining Mrs. Dunn but my wife is to have the possession and control of all said property in this item mentioned as long as she may desire during her life time or widowhood - at the termination of either said property or the proceeds thereof to Subject to Such division as mentioned in Item Second. Item Fourth - I desire and request that my executors sell and dispose of all my other real estate at such time and on such terms as in their opinion may be to the interest of my estate, unless my said wife may desire to keep a portion thereof for her support & the support of my children which it is my desire for her to do if she may so wish during her lifetime or widowhood, at the termination of either said property or the proceeds thereof to be subject to such division as mentioned in Item Second - & which real estate other than that mentioned in the last item consists of four hundred acres of land in Russell County, Alabama, one lot near Forsyth containing one hundred & Eighty two acres, one lot adjoining Wiley Curry in Monroe County, an undivided interest in Mrs. Pinckards Estate and one third of a lot in Merriwether County known as the gold lot. Item Fifth - It is my will and desire that my Executors purchase for my beloved wife Delilah Pope a plantation should she desire it in such place and at such time as she may request - and said plantation so purhcased with all its appurtenances shall be under the entire control & management of my said wife during her lifetime or widowhood, and on the termination of either that said plantation to be subject to such division as mentioned in Item Second. Item Sixth. It is my will and desire and I so give and bequeath it that any portion of my estate advanced to either of my daughters Sarah F. Pope and Arabella A. Pope by my wife during her widowhood - or any share of my estate that they or either of them may be entitled to receive under the division of my estate as mentioned in Item second be and the title to the same is hereby vested in my Executors _________________ in trust and for the use of my said daughters respectively each share being kept Separate and distinct and the same in no wise to be subject to any debts or liabilities of any future husband either of them may have but the same to remain to their use or the use of their children should they have any. Item Seventh. Having the most entire and unlimited confidence in the prudence and good judgment of my beloved wife Delilah Pope I intrust to her the management and control of the children and intrust their education entirely to her direction during her life or widowhood and should she die or marry before all my children become of age, it is then my desire that the Court of Ordinary appoint proper persons as the guardians of their persons and property. Item Eighth. I nominate and appoint my beloved wife Delilah Pope Executrix & my trusty friend John F. Pinckard executor to this my last will & testament - this 11th day of October 1844 -the same being contained on pages 1, 2, 3, 4, 5. Jesse Pope (Seal) Signed Sealed declared and published by Jesse Pope as his last will and testament in the presence of us the Subscribers who Subscribed our names hereto in presence of said testator and at his instance and in presence of each other and saw him attach pages 1, 2, 3, 4, 5 as said will. Daniel Sanford R. J. Pinckard Z. E. Harman Georgia } Monroe County } Personally came before us John H. Banks & William S. Norman two of the Justices of the Inferior Court of said County, Rufus J. Pinckard and Zachariah E. Harman two of the witnesses to the foregoing will who being duly sworn depose and say they saw Jesse Pope sign seal publish and declare the foregoing for his last will & testament that they in the presence of the testator & at his request in presence of each other & of Daniel Sanford attested said will as witnesses, that Daniel Sanford in presence of the testator & at his request & in presence of the testator & at his request & in presence of deponents also attested said will that said testator at the time of execution of Said will was of sound disposing mind & memory & that he executed the same freely voluntarily & without compulsion. Sworn to & subscribed before us } R. J. Pinckard this 11th day of December 1844 } Z. E. Harman } William S. Norman J.I.C. } J. H. Banks J.I.C. } The last will & testament of Jesse Pope decd having been proven in vacation before their honors William S. Norman & John H. Banks two of the justices of the Superior Court of Monroe County upon the oaths of Rufus J. Pinckard and Zachariah E. Harman two of the subscribing witnesses to said will. It is ordered by the Court that the same be admitted to record and that letters testamentary be granted to Delilah Pope the executrix in said will named. Georgia } Monroe County } I do solemnly swear that this writing contains the true last will of the within named Jesse Pope deceased so far as I know or believe, that I will well & truly execute the same by paying first the debts & then the legacies contained in the said will as far as his goods & chattels will thereunto extend & the law charge me, & that I will make a true & perfect inventory of all such goods & chattels So help me God. Sworn to & Subscribed in Delilah Pope open court this 10th day of January 1845. E. G. Cabaniss C.C.O. [TRANSCRIBER'S NOTE: the blank line in Item Sixth appears in the original document] ************************************************************************** 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. This file was contributed for use in the USGenWeb Archives by: Larry C. Comer LComer@houston.rr.com