Georgia: Oglethorpe County: Last will and Testament of John V. Collier 12 March 1881, and Codicil dated 17 April 1886 ==================================================================== 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: Troy Colquitt telles@elberton.net ==================================================================== Will Book E pages 202, 203, 204 and 205 ( page 202 ) Last will and testament of John V. Collier deceased State of Georgia ] Oglethorpe County ] I John V. Collier of the county and state aforesaid being of sound and disposing mind and memory-do make this my last will and testament-hereby revoking all others heretofore made by me. 1st I desire that all my debts be paid as soon as practicable without unnecessary delay by my Executors hereinafter appointed. 2nd It is my will that my family grave yard described in a plat of the same and on record in the Clerk's office of the Superior Court of said county be reserved from sale or distribution and remain forever the joint property of my children and their legitimate descendants forever. 3rd It is my will that my own grave shall be covered with a decent and substantial tombstone; and the grave of my wife Lucy H. Collier should she out live me, and desire to be buried by my grave-shall also be covered with a decent and substantial tombstone-and that my own grave and the grave of my former wife Elizabeth Collier -and the grave of of my wife Lucy H. Collier should she be buried by my grave shall all three be enclosed with a substantial railing of such kind as my Executors may think best, and I wish my Executors to look after this enclosure and not let it be disturbed. 4th I give to my wife Lucy H. Collier all of that tract of land in said county known as the William Everett tract of land, and said tract of land I give to her in lieu and instead of Dower and I request my son Locke W. Collier to look after the management, working or renting of said land for the benefit of my said wife Lucy H. Collier 5th I give my wife Lucy H. Collier the bureau and the top on it in the middle room. One washstand - one bowl and pitcher such as she may select-one cushioned bottom rocking chair - one reed bottom rocking chair-six caned bottomed chairs-two beds and two bedsteads-one chest, three trunks nine quilts -one comfort-one spread-one clothes wardrobe- two yarn coverlids such as she may select-one pair of homemade blankets-twelve pairs of sheets-one pair of manufactured or northern made blankets -eight counterpanes-the top Buggy and my riding horse. 6th I give to my wife Lucy H. Collier three hundred Dollars in money in lieu and instead of a twelve months support from my estate. 7th In the month of November 1880, I gave a Deed to my daughter Sarah E. Colquitt ( wife of John R. Colquitt ) and her children three hundred and twenty two and one half ( 322 1/2 ) acres of land -- & valued this land to her and her children at fifteen hundred and twenty five ( $1525.00 ) Dollars-at this sum my said daughter and her children are to have said land as an advancement-but they are not to be charged with any interest on said sum until after my death the said Sarah E. Colquitt and her children are to have nothing more from my estate until all of my children are made equal with the said Sarah E. Colquitt and her children 8th The distributive portion of my estate that goes to my Daughter Olive P. J. Dillard shall not be subject to the debts, contracts or control of her present or ( page 203 ) Last will and testament of John V. Collier deceased, continued Any future husband, but shall be the property of her and her children- Item 9th My son Locke W. Collier shall not account to my estate for the horse named Morgan that I gave to him when he returned from the war: and my said son Locke W. Collier shall not account to my estate for the twenty two and one half ( 22 1/2) acres of land which I sold him for one hundred and sixty dollars on the 20th day of November, 1880. Item 10th None of my children shall be required to pay any rent to my estate for any land of mine that they may have worked or used during my lifetime unless it is found charged by me during my lifetime. Item 11th My executors may sell or divide all of my household and kitchen furniture (except what I have given to my wife Lucy H. Collier) as they may think to the best interest of my estate-My bedding and bed clothing shall be divided amongst my children-or if they prefer the executors may sell the bedding and bed clothing and divide the proceeds among my children. Item 12th Whatever advancements have been made my me to any of my children must be accounted for by them before they receive any further portion from my estate-I mean such advancements as may be found charged in my book or books against any of my children-no interest shall be charged in any such advancements to any of my children until after my death-that is to say interest is to be commenced only after my death. Item 13th All the residue of my estate, real and personal that I may own at my death shall be equally divided between my children Arian W. Olive-Sara E. Colquitt-Locke W. Collier- Olive P. J. Dillard and John E. Collier. The distributive portions of Sara E. Colquitt and Olive P. J. Dillard shall be forever free from the debts-contracts or control of their present or any future husbands during the lives of said Sarah E. Colquitt and Olive P. J. Dillard and at the death of Sarah E. Colquitt and Olive P. J. Dillard said property shall go to their children-and if they have no living children then to the heirs at law of said Sarah E. Colquitt and Olive P. J. Dillard- Item 14th In the event that my son Locke W. Collier should die before I do it is my will that the distributive portion of my estate which would go to him shall be the property of his present wife and she shall stand in his place in case he should die before I do- Her name is Sidney Collier. Item 15th My executors may sell my land in different lots or may divide my land amongst my children as they may consider for the best interest of my estate or my executors may rent my land at such times and for such periods of time as they may deem best for the interest of my Estate-each of my children to be made equally in my Estate and in the event that my son Locke W. Collier should die before I do then his wife shall stand in the place of Locke W. Collier as though she was one of my children. Item 16th On the 4th of March 1881 I conveyed by deed to my son John E. Collier one hundred and ninety seven (197) acres of land which I valued to him at eleven hundred $1100.00 dollars-This is an advancement to him but he is not to be charged with any interest on it until after my death- (page 204) That is to say interest is to commence after my death- Item 17th I request my son Locke W. Collier to see that my wife Lucy H. Collier (if she out lives me) is provided and furnished with a room and home with some of my children as long as she lives if she desires to do so. Item 18th I appoint-my son Locke W. Collier and my son-in-law J. G. Olive my executors to carry into effect this my will in testimony where I have hereinto set and sign my name and seal this the (twelfth) 12th day of March 1881 John V. Collier Sign-Sealed- Declared and published by John V. Collier as his last will and testament in the presence of us the subscribing witness who subscribed our name hereto in the presence of said John V. Collier at his special instance and request-this the 12th day of March (1881) one thousand eight hundred and eighty one. Jos. J. Smith John T. M. Haire Whitson G. Johnson State of Georgia} Oglethorpe County} I John V. Collier of the county and state aforesaid makes and declares this codicil to my last will- which will is dated the twelfth (12th) day of March eighteen hundred and eight one (1881) and said will witness by Joseph J. Smith-John T. M. Haire and Whitson G. Johnson. Item, first, I do hereby give to my grandson Miles W. Collier the son of John E. Collier-one hundred dollars to be applied to the education of my said grandson Miles W. Collier. Item, second-I do hereby give to my grandson Ralph S. Collier the son of John G. Collier- one hundred dollars to be applied to the education of by said grandson Ralph S. Collier. Item, third-I nominate and appoint as the executors of the codicil Locke W. Collier and my son-in-law J. G. Olive and desire that they as such executors will see that they sums of money herein given to my two grandsons- Miles W. Collier and Ralph S. Collier shall be applied as I have directed in the first and second items-in testimony whereof I have here in to signed by name and affixed my seal this the 27th day of April 1886. John V. Collier Signed, sealed- declared and published as the codicil of John V. Collier who signed the same in the presence of us the subscribing witnesses-who subscribed our names in the presence of the said John V. Collier at his special instance and request on the 27th day of April 1886. Jos. J. Smith John T. M. Haire Whitson G. Johnson ( page 205 ) State of Georgia ) Oglethorpe county) To Jack J. Bacon Ordinary for said county The petition of J. G. Olive and Locke W. Collier shows that J. V. Collier late of said county - departed this life on the 27th day of January 1889-after having made his last will and testament and codicil wherein petitioners are nominated the executors- your petitioners produced said will and codicil in court and pray that the same may be admitted to record upon the proof there of in common form and that letters testamentary issue to them in terms of the law - This February 14th 1889 L. W. Collier J. G. Olive Petitioners Georgia ) Oglethorpe county ) I J. J. Smith do sear that I as well as J. T. M. Haire and Whitson G. Johnson saw the written named J. V. Collier sign and publish the within papers as his last will and testament and codicil thereto that I subscribed the same as a witness thereto at the special instance and request of the said J. V. Collier and in his presence as did also J. T. M. Haire and Whitson G. Johnson-that the said J. V. Collier signed the same freely and voluntarily-and was at the time of such signing of sound and disposing mind and memory Joseph J. Smith Ordinary ) Sworn to subscribed before me ) February 4th 1889 ) ) Joel J. Bacon ) Ordinary O. C.) Upon the affidavit of J.J. Smith one of the subscribing witness to the written will and codicil of J. V. Collier deceased-it is ordered by the court that said will codicil be admitted to record as satisfactorily proven in common form-and it is further ordered - that letters testamentary issue to J. G. Olive and Locke W. Collier the Executors named in said will-upon their taking and subscribing the oath required by law this the 14th day of February 1889- Joel J. Bacon Ordinary & Ex office C. C. O. O. C. Recorded Feb. 4th 1889 J. J. Bacon-Clerk C. O. O. C. Estates Returns 1885---1891 ( page 178 ) Estate of John V. Collier Deceased L. W. Collier, one of the Executors on the estate of John V. Collier, Deceased, makes this his first Annual return on the estate of said estate 1889 March 22 To amt recd from R. H. Bullock on note $50.00 April 2 " " " J. E. Collier " a/c 25.50 " " " " " " " " " 19.94 " " " Mrs. P. O. Dillard " note 14.15 " " "J. E. Collier " " 78.48 May 8 " "Dividends on Ga. R. Rd. Stock 131.25 " National Bank of Athens on sundry checks 791.15 cash on hand at death of deceased 26.80 ---------- Total amt. Received 1137.35 1889 Disbursements March 11 by amt., pd. Edge & Dorsey as in voucher # 1 $60.00 April 6 " " Lawten & Harrison " 2 1.65 " " H. H. Tucker " 3 1.05 " 2 J. E. Collier " 4 125.00 Feb. 27 " " Geo. H. Lester " 5 1.00 April 19 " " J. J. Bacon Ordinary 6 16.50 " 23 " " A. R. Robertson " 7 175.00 " 1 " " Mrs. L. H. Collier " 8 300.00 " 2 " " P. O. Dillard " " 9 14.50 " " " " Sarah E. Colquitt " 10 125.00 " " A. W. Olive " " 11 125.00 Feb 14 " " Dr. W. H. Thurmond " 12 2.00 April 2 " Mrs. P. O. Dillard " 13 40.00 ------------- Total amount paid out $985.80 Copy of Vouchers Voucher 1 Received of L. W. Collier Executor of Estate of John V. Collier Sixty Dollars for Burial Casket Athens Ga. March 11th 1889 Edge, Dorsey & Co. Voucher 2 Received of L. W. Collier And J. G. Olive, Executors of J. V. Collier Deceased one and 45/100 dollars for Christian Index This 6th /89 Lawton and Harrison For J. F. Cheney ------------------------- Estate of John V. Collier, Deceased ( page 379 ) voucher 3 Received of L. W. Collier And J. G. Olive Executors of J. V. Collier Deceased, one and 05/100 dollars for Christian Index This 6th April /89 H. H. Tucker, for J. F. Cheney Voucher 4 Received of L. W. Collier and J. G. Olive Executors of John V. Collier deceased One Hundred and Twenty Five Dollars, in part payment of my legacy Given to me by will of John V. Collier-This April 2nd 1889 J. E. Collier ---------------- voucher 5 Received of L. W. Collier and J. G. Olive Executors of John V. Collier , Deceased, one Dollar for recording deed from J. N. Dillard to John V. Collier This 27th day of February 1889 Geo. H. Lester Clerk S. C. ----------------------------- --- voucher 6 Received of L. W. Collier and J. G. Olive Executors of John V. Collier, Deceased, Sixteen and 15/100 dollars in payment of bill cost for Probate & record of will of said deceased, and copy thereof, and receiving recording appraisement of said Estate-This 19th day of April 1889 J. J. Bacon Ordinary --------------- voucher 7 Received from L. W. Collier and J. G. Olive, Executors of John V. Collier, deceased, One Hundred and Seventy Five Dollars for Marble Tombstone-April 23rd 1889 A. R. Robertson ----------------------- voucher 8 Received of L. W. Collier and J. G. Olive, Executors of John V. Collier deceased, Three Hundred Dollars for my years support, Given to me by will of J. V. Collier-April 1st 1889 Mrs. Lucy H. Collier -------------------------- voucher 9 Received of L. W. Collier and J. G. Olive, Executors of J. V. Collier deceased, Fourteen and 15/100 Dollars, in part pay of my Legacy, on note Given by me - This April 2nd 1889 P. O. Dillard ----------------- voucher 10 Received of L. W. Collier and J. G. Olive Executors of John V. Collier, deceased One Hundred and Twenty Five Dollars In part pay of my Legacy, given to me by him. This April 2nd /89 Sarah E. Colquitt ---------------------- voucher 11 Received of L. W. Collier and J. G. Olive Executors of John V. Collier, deceased, One Hundred and Twenty Five Dollars in part Pay of my Legacy, given to me by him. This April 1st /89 Arian W. Olive Estate of John V. Collier, Deceased ( page 380 ) VOUCHER 12 Received of L. W. Collier, Executor in Estate of John V. Collier Deceased, Two Dollars, balance on medical a/c February 14th 1889 W. H. Thurmond, M. D. ----------------------------- - Voucher 13 Received of L. W. Collier and J. G. Olive, Executors of John V. Collier, deceased, Forty Dollars in part pay of my Legacy Given to me by him-This 2nd day of April /89 P. O. Dillard ----------------- Georgia ) Oglethorpe County ) Personally appears Locke W. Collier one of the Executors In the Estate of John V. Collier deceased, who on oath says that the above return is Correct and true as it stands stated , to the best of his knowledge and belief Sworn to and subscribed before ) L. W. Collier Me, this 27th day of June 1889 ) ----------------- J. J. Bacon ) Examined -Appeared Ordinary ) and Ordered to Record ------------------ ) June 27th , 1889 J. J. Bacon Filed in office June 27th 1889 ) Ordinary J. J. Bacon ) ----- -------- Ordinary ) ------------ ) Recorded, Sept 13th 1889 J. J. Bacon Ex, off. Clk. C. O. O. C.