Will of John W. Smith, Oglethorpe CO. GA

Submitted by: Wayne D. Tiller <wtiller@attglobal.net>


Will Book E: Part 1 1863-1886 Page 170

State of Georgia, Oglethorpe County -- We Drury L Smith, Millard F Burt
and Joseph Glenn were present at the residence of John W Smith in said
County during his last illness and just before and immediately preceeding
his death, and while the said John W Smith was in perfect possession of
his mental faculties, and while he was of sound and disposing mind and
memory, he the said John W Smith called upon us to remember and take notice
of what he was about to say; and that said John W Smith then and there
said that it was his wish and will and desire that his entire estate of
every kind both real and personal should be kept together and managed by
his wife Martha E Smith, for and during her natural life or widowhood,
for her use and benefit, and for the support maintainance and education
of his children now living with his said wife; and in case of her death
or marriage, he desired his said estate to be equally divided between his
said wife and all of his children, and if any of his children should then
be dead the representatives legal heirs of said deceased children should
take the place of such deceased children and take per stirpes and not per
copita. In case his said wife, Martha E Smith should not marry again, the
said John W Smith said it was his desire that his wife and children could
if they desired divide his said estate equally amongst his wife and all
of his children, when his youngest child now living, or that might be born
after his death, should become twenty one years of age, and if any of his
said children should then be dead the legal heirs of said deceased children
to stand in the place of such deceased children - It was also his desire
and wish that in any division of his Estate, that his said wife and all
of his children now living or any child or children of the said John W
Smith by his said wife Martha E Smith should be born after his death, should
be made as nearly equal as it may be possible to be done. The said John
W Smith desire and his will and wish that his wife Marth E Smith should
manage his said estate as his Executrix and she should not be required
to make any returns of his Estate to the Court of Ordinary, and that in
any division of his estate, as herein before declared that it should not
be necessary for his said wife as Executrix to obtain any orders from any
Court to do so. Soon and immediately after these declarations of his wishes
and will the said John W Smith died on the 4th day of March 1884.

D L Smith
M F Burt
Joseph Glenn

State of Georgia, Oglethorpe County -- In person appeared before me Kinney
J Smith a Justice of the Peace in and for said County, Drury L Smith Millard
F Burt and Joseph Glenn who being duly sworn say, that the above and foregoing
paper pages 1 and 2 contains the last requests and verbal disposition of
the estate both real and personal of John W Smith late of said county deceased,
and is just and true in all its parts.

D L Smith
M F Burt
Joseph Glenn

Sworn to and subscribed before me
this the 18th day of March 1884

Kinney J Smith J.P.

Court of Ordinary of Oglethorpe County Regular April Term 1884.
It appearing to the Court in the matter of the probate of the nuncupative
Will of John W Smith by Martha E Smith nominated Executrix of said will,
that Ida E Goolsby, Emington P Mathews, Lilla A Smith Joseph J Smith Obadiah
W Smith Irene B Smith and Jennie L W Smith all heirs at law and Legatees
of said John W Smith have been duly cited to be and appear at the regular
April Term of the Court of Ordinary for the County aforesaid at the aforesaid
April Term 1884 and hear the proof of said will and contest the same if
they desire to do so, that the witnesses to said will required by law have
all proved in open court this day that they were present at making of said
; that then were being fo present bidden by the said John W Smith to bear
witness that such was his will as now presented to this Court; that the
said will was made in the last sickness of John W Smith in the house of
his habitation in said County; and it being further proved that within
thirty days after the speaking of said will by John W Smith the same was
reduced to writing, which writing is here in open Court produced and is
as follows, And it appearing that the persons so cited do offer no objections
by contest against said paper which is now propounded in open court as
John W Smith's last will, It is therefore Ordered by the Court that the
same be admitted to record as John W Smith's Nuncupative Will, and that
the Executrix therein named have leave to qualify and that Letters Testamentary
issue to her upon so qualifying the said Martha E Smith Executrix having
already by said witnesses shown that said will was voluntarily executed
by said John W Smith when of sound and disposing mind and memory and was
executed according to law, this April 7th 1884.

Thos D Gilham.

Recorded April the 12th 1884

Thos D Gilham Ex off Clerk C. O.

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