Pike County GaArchives Wills.....Lavender, James S May 4, 1872 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: William Russell dragonraj@comcast.net January 1, 2007, 12:52 pm Source: Pike County Probate Court Written: May 4, 1872 Recorded: July 6, 1881 “Exhibit A” State of Georgia County of Pike I James S. Lavender of the County and State aforesaid do make publish and declare this writing to be my last will and testament Item 1st It is my will wish and desire that my Executors hereinafter named shall sell at private or public sale as they in their wisdom may deem but a sufficiency of my personal property to pay all my just debts if any and the expenses of my last sickness and burial expenses. Item 2nd It is my will wish and desire that my Executors keep together the whole of my Estate except as mentioned in item the first of this my will be the same and personal or [ _ ] and that the same be managed by them in running a farm from year to year for the purpose of supporting my family and educating my children and that they have full power without being required to obtain orders from the Court of Ordinary for that purpose to dispose of such portions of said crops as to be raised as they may deem necessary for the purpose of keeping up and running said farm, and other necessary Expenses incident upon the support of my family and the education of my children and to invest the surplus if any in land or other good property for my legatees Item 3rd It is my will wish and desire that my wife Eliza and my children and my wifes mother remain at my present homestead during my wifes widowhood should she marry again I will that the whole of my Estate be divided agreeably to the Laws of distribution of this State by five discrete citizens to be selected and appointed by the Ordinary they to first take an Oath to perform the duties required of them impartially and that they set apart and design my wifes portion to her and that the remainder remains in the hands of my said Executors hereafter named and be managed as directed in the item the 2nd of this my will for the benefit of all my children until the oldest shall arrive to the age of her or his majority - then his or her part to be set apart in like manner and the remainder kept together for the benefit of my other children and so on until Each shall have received his or her portion of my Estate at his or her majority Item 4th It is my will wish and desire and I so direct that the land to be set apart as directed in the foregoing item of this my will To my children upon their arriving at majority shall be theirs for and during their lives and upon their death leaving a child or children in life or in case the land [ _ ] to and be theirs forever in fee simple and should one of the children die without leaving child or children, his or her portion to be set apart and returned to and become a portion of my Estate to be divided as before mentioned among my children then in life and the children of those who may be dead the children of the deceased parent to receive the portion that his or their deceased parent would have received according to the laws of distribution had he of she been in life at the time of the death of the brother or sister without child or children Item 5th It is my will wish and desire and I hereby nominate my relative James R. Campbell and my friend James B. Hanson Executors to carry our this my Will and that in lieu of being required to make annual returns of their actings and doings as Executors that they procure a suitable well bound book and at the close of each year in said book their several acts in relation to the Estate making a balance sheet of the income and expenses and that they place an affidavit on the same as to the correctness thereof which book shall be at all times subject to the inspection of my Legates when either of them may so desire and as I am aware that to manage my Estate successfully my Executors will have to exercise judgment and devote considerable to the same and as I am unwilling to require services as valuable without paid compensation and as my Estate will in all probability be in such a condition that it would be impossible to ascertain the amount allowed by law I desire that at the end of each year they select three discrete men judges of such labor and that these three men thus selected name a sum which in their judgment would be a just and equitable compensation for their services rendered and that they retain said sum for said Services out of the funds in their hands as Executors aforesaid In witness hereof James S. Lavender has hereunto set his hand and Seal this the 4th day of May 1872 J. S. Lavender We the undersigned witnesses saw Jas. S. Lavender sign and seal the foregoing writing and heard him publish and declare the same to be his last will and testament and that he signed the same in our presence and each of us at his request sign the same as witnesses in his presence and in the presence of each other May 4th 1872 W. D. Waggoner Wm. R. Evans Jno. H. Mangham Hartford Green J. F. Howard & S. Lavender Propounders Application to probate will of J. S. Lavender dec’d on solemn form in court of ordinary Pike County July Term 1881 Interrogatories to be exhibited to W. D. Waggoner a material witness for propounders in the above stated cause who lives out of the county of Pike & in Monroe Co Ga Inty 1st Do you know the parties? Inty 2nd Please examine the attached paper marked “Exhibit A” and state whether or not you saw J. S. Lavender sign, seal, publish & declare the same to be his last will & testament and whether or not he signed the same in your presence & in the presence of each of the other witnesses - and whether or not you & each of the other witnesses, to wit Wm R. Evans, John H. Mangham & Hartford Green signed the same in his presence & in the presence of each other at his request Inty 3rd State all you know that will benefit the Propounders Jos. J. Rogers Pro Atty Due and legal service acknowledged on the within, copy [ _ ] further notice waived this June 1881 S. F. Mann Eliza Lavender It is hereby agreed that when the written Intys are executed the paper attached marked “Exhibit A” may be detached & not sealed up with the Intys & answers, as the same is to be used in taking[?] other intys June 1881 Jos J Rogers Prop Atty S. F. Mann [ _ ] Eliza Lavender Georgia Spalding County By virtue of an agreement between the parties or consul in the case of John F. Howard and S. Lavender Propounders [ _ [ pending in the ordinary court of Pike County, the undersigned acting as commissioners have caused W. D. Waggoner, a material witness in said case to come before us who being duly sworn true answers to make to the annexed interrogatories, depose & answers as follows Ans to 1st Int - I no[sp] the parties Ans to 2nd Inty I no J S Lavenders will and saw him sign the will in my presences in Zebulon Pike County Georgia also in the presence of Lavender and each of the witnesses at his request Ans to 3rd Inty All I no Hartford Green wrote J S Lavenders will and I signed it as one of the witnesses W. D. Waggoner Answered subscribed and sworn to before us this June 27th 1881’ John B. West Comm J C Collier Comm J. F. Howard & S. Lavender Propounders Application to probate will of J. S. Lavender dec’d on solemn form in court of ordinary Pike County July Term 1881 Interrogatories to be exhibited to John H. Mangham a material witness for propounders in the above stated cause, who lives out of the county of Pike & in Spaulding Co. Ga. Inty 1st Do you know the parties? Inty 2nd Please examine the attached paper marked “Exhibit A” and state whether or not you saw J. S. Lavender sign, seal, publish & declare the same to be is last will & testament ? And whether of not he signed the same in your presence & in the presence of each of the other witnesses ? And whether or not you & each of the witnesses to wit Wm R. Evans, W. D. Waggoner & Hartford Green, signed the same in his presence & in the presence of each other & at his request Inty 3rd State all you know that will benefit the propounders Jos J Rodgers Due & legal service is hereby acknowledged on the within copy [ _ ] & further notice waived June 1881 S. F. Mann [ _ ] Eliza Lavender It is hereby agreed that when the written Intys are executed the paper attached marked “Exhibit A” may be detached & not sealed up with the Intys & answers, as the same is to be used in taking[?] other intys June 1881 Jos J. Rodgers [sp] Prop. Atty S. F. Mann [ _ ] [ _ ] Eliza Lavender Georgia Spalding Country By virtue of an agreement between the parties or their consul in the case of John F. Howard & J. S. Lavender Jr. propounders [ _ ] pending in the court of ordinary of said County, the undersigned acting as commissioners have caused John H. Mangham a witness in said case to come before us, who being duly sworn true answers to make to the amended Interrogatories, depose & answers as follows. Answer to Inty 1st I know the parties Answer to Inty 2nd I have examined the attached paper marked“Exhibit A”, and do hereby state that I saw J. S. Lavender sign and seal, and heard him publish and declare the same to be his last will and Testament, and that he signed the same in my presence and in the presence of the other witnesses to wit W. D. Waggoner W. R. Evans and Hartford Green and that I and each of the other witnesses named signed the same in his presence, and in the presence of each other and at his request Answer to Inty 3rd I know of nothing further that will benefit the propounders Answers subscribed & sworn to before us this June 27 1881 John H. Mangham John Stilwell Com G. W. White Com Rec’d the within package from George W. White one of the commissioners to be forwarded by due course of mail this June 30th 1881 James H. Logan PM Rec’d the within from PM C. J. Driver upon oath in open court this July 4th 1881 Harry Wells Ordinary Rec’s this PK by due course of mail this July 1st 1881 C G Driver PM Zebulon Ga J. F. Howard & S. Lavender Propounders Application to probate Will of J. S. Lavender dec’d in solemn form in court of ordinary Pike County July Term 1881 Interrogatories to be exhibited to Wm R. Evans, a material witness for propounders in the above stated cause who lives the county of Pike but who is physically unable to attend court in consequence of a low state of health Inty 1st Do you know the parties? Inty 2nd Please examine the attached paper marked “Exhibit A” & state whether or not you saw J. S. Lavender sign, seal, publish & declare the same to be his last will & Testament and whether or not he signed the same in your presence & in the presence & in the presence of each of the other witnesses and whether of not you & each of the other witnesses, to wit, W. D. Waggoner, John H. Mangham & Hartford Green, signed the same in his presence & in the presence of each other and at his request Inty 3rd State all you know that will benefit the propounders Jos J. Rogers Prop Atty Due & legal service is hereby acknowledged on the within copy Commission & all further notice waived June 1881 S. F. Mann Eliza Lavender Georgia Pike County By virtue of an agreement between the parties or consul in the case of John F. Howard & J. S. Lavender propounders pending in the court of ordinary of said County the undersigned acting as commissioners have caused W. R. Evans witness in said case to come before them, who being duly sworn to answer [ _ ] make to the [ _ ] interrogatories, depose & answers as follows Answer to 1st Inty Witness says he knows the parties Answer to 2nd Inty Witness examined paper and says he saw J. S. Lavender sign the same, also saw the other witnesses sign and heard the Dr declare said paper to be his last will & testament also says all the witnesses signed in presence of each other and at the request of Dr Lavender Answer to 3rd Inty To the 3rd Interrogatory witness says he knows of nothing else that will benefit the propounders Wm. R. Evans Answered subscribed & sworn to before us this July 4th 1881 J. A. Williams Comm G. W. Evans Comm The informality of the return of the within Intys waived this July 4th 1881 Jos. J. Rogers Prop Att S. F. Mann Recorded July 6th 1881 Harry Wills Ordinary File at: http://files.usgwarchives.net/ga/pike/wills/lavender697wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 13.0 Kb