Georgia: Oglethorpe County: Will of Emsly P. Burt 4 November 1881 ==================================================================== 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: Wayne Tiller wtiller@attglobal.net ==================================================================== The Will of Emsly P. Burt - Will Book E Part I Page 165 Georgia, Oglethorpe County -- I Emsly P Burt being of sound mind and disposing memory do make and declare this to be my last Will and Testament hereby revoking all others by me heretofore made. Item 1st - It is my will that all my just debts be paid. Item 2nd - It is my will that my home place whereon I now live (of about one hundred and forty acres) shall go and belong to my beloved wife Francis Jane Burt during her natural life or widowhood. Item 3rd - It is my will that the balance of my estate both real and personal be equally divided & distributed among my children according the laws of this state with the following exceptions - The children of my daughter Mrs. Damaris Ann Jane Smith deceased, shall inherit one share of my estate, but the property shall be kept in the hands of my Executors hereinafter named until they shall become of age & also the share that would go the child of my daughter Martha Ella Bridges shall be kept in the hands of my Executors until he shall become of age, and in case of his death his share shall go back into the hands of my said Executors & be divided equally among the rest of my children - also it is my will in case of the death of all the children of my daughter Damaris Ann Jane Smith decd., that the share willed to them shall go to and belong to my said Executors to be equally divided among the heirs of my Estate. Item 4th - It is my will that my beloved wife Frances Jane Burt shall have a twelve months support out of my estate, and all my cattle, hogs, horses, household & kitchen furniture to keep during her natural life or widowhood and afterwards to be returned into & back to my estate for equal distribution among my heirs as before mentioned. Item 5th - It is my will that buggy, wagon and plantation tools also go & belong to my beloved wife Francis Jane Burt during her natural life or widowhood. Item 6th - I hereby appoint my sons William T Burt and John R Burt my legal & lawful Executors to carry into effect & execution this my last Will and Testament - Witness my hand and seal this the 4th Nov. 1881. Emsly P Burt (LS) The above was signed sealed published & declared to be the last Will and Testament of the said Emsly P Burt by him in our presence and each of us signed the same in the presence of him and each other as witnesses the date above given. R M Bridges Joseph Glenn Jos H Echols State of Georgia, Oglethorpe County -- In person appeared R M Bridges and Joseph Glenn witnesses to the within paper purporting to be the last Will & Testament of Emsly P Burt, who on oath says that they saw the Testator sign the same, that he was of a sound disposing mind and memory, that they as witnesses signed the the same in the presence of said Emsly P Burt at his special instance and request, Joseph Glenn R M Bridges Sworn to and Subscribed in open court June 4th Thos D Gilham Ordinary Ordered to Record June 4th 1883. Thos D Gilham Ordinary Recorded June 7th 1883. Tho D. Gilham ExoffClkCO