Wills: Morgan County, Will of George F. Ponder ======================================================================= USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Carolyn L. Harper Johnson clhjohnson@aol.com Last Will and Testament of George F. Ponder Georgia} Morgan Co.} I George F. Ponder of Morgan County, Georgia, being of sound and disposing mind and memory, do make this my last will and testament hereby revoking all other will or wills, by me at any times heretofore made. I commit my soul to God who gave it and direct that my body be buried in my family burial ground at Fairplay by the side of my deceased wife who was so near and dear to me. Item 1st I direct that all my just debts be paid out of any money on hand at the time of my death and direct that my executors herein after named, purchase and have erected over my grave a tombstone and monument of the same size and design as that I have placed over the grave of my deceased wife: the material to be Georgia or Tennessee marble. Item Second, I direct that a 3 square acre of land in and around the present grave of my wife in my burial ground at Fairplay, with my wife's grave as the center, be reserved and kept as a family burial ground, and I bequeath five hundred dollars to T. B. Baldwin, Ordinary of said county, and his successors in office in trust - to keep up and in repair said burial ground, the said sum to be invested under the order of Morgan Superior Court and the interest to be used in keeping up said burial grounds and in paying reasonable compensation for executing this trust. Item Third, I give, bequeath and devise to my brother, James M. Ponder in fee simple, three hundred (300) acres of land & not including the one acre burial ground mentioned in Item Second, lying at Fairplay, in Morgan County, Georgia and on which is located my dwelling house, stockhouse, gin house, and other building, the same adjoining lands of David Williams estate, lands of Mrs Martha Huestor?, Abner Jones, J. A. Shepherd and other lands belonging to me: the same to be cut off from my home places so as to include those three hundred (300) acres. I also go to my said brother, James M. Ponder, all of my household and kitchen furniture of every kind, and all horses and stock I may have at the time of my death on my place at Fairplay. Item Fourth I give and devise to my nephew, Ernest D. Ponder, one hundred (100) acres of land in fee simple the _____ in Fairplay, in Morgan County, Georgia __________ _______ of the public good land _____ ______ ??????? of J. M. Adair, the same to be surveyed and so cut off from my other lands as to adjoin said named public road and lands bequeathed to James M. Ponder in "Item Third" of this will of this will. Item Fifth I give and devise to Prospect Methodist Church near Fairplay in said county, the sum of one thousand dollars; to Sandy Creek Missionary Baptist Church in said Morgan County, the sum of one thousand dollars, and to Rock Spring Primitive Baptist Church in said Morgan County, the sum of one thousand dollars. Said several amounts to be held in trust by the trustees of said churches in paying the salary of the ministers, and I direct that said named sums be invested by the respective trustees of said church, under the order of the Judge of the Superior Court of said Morgan County and that the interest be applied annually in part-payment of the salaries of the ministers in ____ of said named churches. I further direct that the trustees of said named churches give ____ bond and security for the fruitful performance of the trust - as the Judge of the Superior Court of said County may receive. Item Sixth [written in the margin] I give and devise to Mrs. Emma Partee all notes and evidence of indebtedness held by me at the time of my death against the ____ husband, A. M. Partee. Item Seventh I give and devise to my niece, Mrs. Gussie Ponder for and during her maidenhood and at-her marriage to Mrs. Ophelia Ponder, wife of E. C. Ponder, my double-face ladies gold watch and chain, that belonged to my wife during her life. Should my said niece Gussie Ponder die before marrying, then said watch is to be the property of said Mrs. Ophelia Ponder. I give and devise to my nephew Ernest C. Ponder, in fee, my double face gold watch now worn by me. Item Eighth I direct that after my just debts are paid, and after paying for the monument provided for in "Item First" of this will the special liqueirs, and expenses of administoretion, the remainder of my property of whatever kind, both real and personal, be sold by my executors hereinafter named, and I devise a two ninths ____ of the proceeds thereof to my sister Louisa Malcom wife of Wm. Malcom, and the remainder I devise be equally divided between William Stallings, son of A. J. Stallings, ____ Stallings, son of A. J. Stallings, George Hurst, son of Adaline Hurst, deceased; James M. Hurst Jr., son of Adaline Hurst, dec., William Hurst, son of Adaline Hurst, dec'd, James Holloway, son of Ophelia Holloway, dec'd. all without limitations or reserves. Item Ninth I hereby constitute and appoint my brother James M. Ponder and my nephew, James M. Hurst Jr., executors of this my last will and testament and suggest to my executors that should they need the services of an attorney? At-law in carrying out this my last will that they employ my friend W. R. Mustin, Esq. This August 20th 1894. George F. Ponder Signed, sealed, declared and published by George F. Ponder as his last will and testament in the presence of us the subscrinbers, who subscribe our names hereto in the presence of said testator, at-his special instance and request and in the presence of each other he signing in our presence and we signing in his presence. Augt 20, 1894 James Bruck James M. Adair W. R. Mustin "Probate in solemn form" Georgia} Morgan Co.} Before me come James M. Adair and W. R. Mustin named as witnesses to the within and foregoing writing, purporting to be George F. Ponder's last will and being duly sworn say that they with James Bruck who is now dead, at the request of George F. Ponder and in his presence did attest as witnesses the witnesses writing as his George F. Ponders will: that the same was signed and published by George F. Ponder in their presence and of James Brucks as his last will: that he was at the time of said attestation and signing by himself of sound and disposing mind and memory and that-he executed the written paper voluntarily. Before me this Nov 2 1896 W. R. Mustin T. B. Baldwin James W. Adair Ordinary, Morgan Co. GA Recorded October 4-1897 T. B. Baldwin, Ordinary