Pike County GaArchives Wills.....Giles Driver July 19 1869 ************************************************ 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 October 4, 2003, 12:27 pm Source: Pike County, Georgia Probate Court Written: July 19 1869 Recorded: October 5 1874 Georgia Pike County In the name of God Amen I, Giles Driver of said State and County, being of advanced age and knowing that I must shortly depart this life, deem it right and proper, both as respects myself and family, that I should make a disposition of the property with which a kind Providence has (Helped?) me. I therefore make this my last will and testament hereby revoking and annulling all others made by me heretofore. Item 1st: I desire and direct that my body be buried in a decent and Christian manner, suitable to my circumstances and condition, but nothing unnecessary about it. My soul I hope and trust shall return to rest with God who gave it, as I hope for eternal salvation through the blessed Lord and Savior Jesus Christ. Item 2nd: I desire and direct that all my debts be paid by my Executors herewithin named. Item 3rd: I have given my daughter Sarah (?) who intermarried with Charles (?) Hubble, one thousand and thirty-five dollars in cash, the leaving, no child at her death, my wish is for said Hubble to have no more interest in any estate whatever. Item 4th: My wish and desire is for my youngest son Charles G. to have one hundred dollars extra and more than the balance of my children, this diference is made because he has not received his due proportion of education. Item 5th: I give and bequeath to my wife Mary all the property that she was possessed of at the time of our marriage to do with as she may think proper at her death. I also desire (this phrase written twice) that three hundred dollars be laid out in hand, of which she is to have full control during her natural life or widowhood but at her death or marriage for this land to return to my estate and be equally divided among my children or their children as the case may be{ see marriage contract} Item 6th: I (?) this restriction and qualification around the property or effects that may fall to my son Julius W.. That is, it is not to be subject to any of his debts or contracts now made or hereafter made, but he is to use it for his support and benefit and that of his family, and at his death to be equally divided among his children but his present wife and the Reeves wife, neither of them is to have any interest in my estate or its increase whatever. At the death of my son Julius W. Driver I make this difference because he is divorced from the Reeves wife and I understand that the father of his present wife intends to make a similar will. Item 7th: My wish and desire is for my Grandson Giles L. Driver and my grand daughter Sarah F. Driver each to have one hundred dollars to be retained in the hands of my executor until these children become of age or marry. These amounts to be retained out of the portion falling to their fathers. Item 8th: If any of my children die before or after me and leave a child or children such child or children to draw their parents interest in my estate under this will. Item 9th: I hereby put this condition and qualification upon the property or its effects that may be received by each of my children [to wit] if any of them die and leave no living or posthumous child then the property or its effects falling to such child to return to my estate and to be equally divided among all my children or their children as the case may be in the manner herein specified for division, observing the restrictions and qualifications in this will. Item 10th: My wish and desire is that each of my children that have not had a bed bedstead and furniture to have one and after paying off all my just debts for each child to draw an equal share of my estate both real and personal, not (?) any old debts against any of them observing the restrictions, qualifications and differences in this will. Item 11th: I have given my two sons Julius W. and Robert (P?) each a mule each mule valued at one hundred and forty one dollars sixty-six cents, each of them have an extra cow which must be valued. I also paid Doyal (?) Nunnaly fifty eight dollars for Julius (?) for cotton twenty one dollars leaves due for (? hay) thirty-seven dollars these amounts I have counted against their (?) interest. Item 12th: I constitute and appoint my two sons Alonzo C. Driver and James L. Driver my lawful executors to this my last will and testament This 19 July 1869 Signed, Sealed, declared and published by Giles Driver as his last will and testament in the presence of the subscribers who subscribed our names hereto in the presence of said Testator and of each other all done by the request of the said Testator. This 19 July 1869 R.V. Reid John J. Caldwell C.F. Redding I hope and trust that my children will settle up this estate according to the stipulations of this will without any contention whatever Giles Driver Georgia Pike County Mr. R.V. Reid, John J. Caldwell and Charlie F. Redding do solemnly swear that we saw Giles Driver sign and seal and heard him publish and declare this writing to be and contain his last will and testament and at the time there of he was of sound disposing mind and memory and that he did it freely without compulsion to the best of our knowledge and belief so help us God. R.V. Reid J.J. Caldwell C. F. Redding Sworn and subscribed before me and in open Court this October 5th 1872. F. J. Blasingame Ordinary Whereas I Giles Driver did on the nineteenth day of July in the year of our Lord Eighteen hundred and sixty nine, sign seal and declare and publish my last will and testament in the presence of Robert V. Reid, John J. Caldwell and Charles F. Redding who signed the will and testament as witness and whereas I am desirous of altering and changing (?) my said will and testament I therefore make and publish this codicil to said will. First: Whereas I have understood that my son Julius W. Driver intends to claim some property that he was in possession of at the time when he broke up house keeping and separated from his second wife and whereas I feel satisfied that I have fully compensated him for said property. Now if he claims said property and continues to contend for it then I want the five hundred dollars that I handed him when he started to (California) counted against him without interest but if he relinquishes his claim to said property I want the will to be carried out without this codicil so far as he is concerned. Second: In lieu of the one hundred dollars mentioned in the fourth item of my will to my youngest Charles G. my wish is to alter it to two hundred and twenty-five dollars. Third: I also want my son James L. to have two hundred and twenty-five dollars. These last two items they are to have before there is any division made. Fourth: I want my wife Mary. M. to have the bedstead and mattress that we lie on in lieu of her bedstead she sold when she came here. Fifth: There is due from A. C. Driver two hundred and twenty-five dollars for his mare without interest. Sixth: My wish and desire is for the portion falling to my daughter Synthia E. Pryor for her and her husband to have the use and benefits of the proceeds of the property-but her present or future husband not to be allowed to trade off any of the property neither to be subject to any of his debts or contracts now or hereafter made. The said property is to be exclusively for my daughter Synthia E. and her children. Seventh: This I think will make my children as near equal as I can fix it. Giles Driver Signed, Sealed declared and published by Giles Driver as a codicil to his Will and Testament of the nineteenth of July Eighteen hundred and sixty nine in presence of us to subscribers who subscribe our names hereto in the presence of said Testator and of each other. John W. Reid Jas J. Cook J (L.?)(G.) Caldwell JP Georgia Pike County We John W. Reid James J. Cook and J (L.?)(G.?) Caldwell do solemnly swear that we saw Giles Driver sign and heard him publish and declare this writing as a supplement or codicil to his will and at the time there of he was of sound disposing mind and memory and that he did it freely without compulsion to the best of our knowledge and belief so help us God. Sworn to and subscribed before me in open court this 5th day of October 1874. (?)(?) Blassingame John W. Reid Ordinary Jas J. Cook J (L?)(G.?) Caldwell Georgia Pike County We A.C. Driver and James L. Driver do solemnly swear that this writing contains the last true will and testament and supplemental will of Giles Driver deceased so far as we know or believe and that we will well and truly execute the same by paying first the debts and then the legacies contained in said will so far as his goods and chattels will thereunto extend and the law charges and that we will make a true and perfect inventory of all such goods and chattels so help us God. Sworn to and subscribed before me in open court this fifth day of October 1874 (?)(?) Blasingame A.C. Driver Ordinary Jas L. Driver Recorded October 6th 1874 (?)(?) Blasingame Ordinary This file has been created by a form at http://www.poppet.org/gafiles/ File size: 11.3 Kb