Taliaferro County GaArchives Wills.....Andrews, John Vincent November 3, 1913 ************************************************ 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: Rhoda Taylor Fone http://www.genrecords.net/emailregistry/vols/00012.html#0002953 December 6, 2007, 9:39 pm Source: Taliaferro Co., Ga Will Book B, Pages 333-338 Written: November 3, 1913 Recorded: August 3, 1914 Wills 1826-1922 – Georgia Court of Ordinary (Taliaferro County) LDS Film No. 220541 Transcribed by Rhoda Taylor Fone State of Georgia, Taliaferro County. Last will and testament of John V. Andrews I, John V. Andrews, of said State and County, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking all wills heretofore made by me. Item 1. It is my will and desire that my Executor, hereinafter named, out of the cash on hand and the funds arising from the insurance on my life, pay all my just debts, and that he have erected at the graves of my daughter, Mrs. A.R. Taylor, my son, Norman Andrews, and my wife’s sister, Miss Jettie Gunn, each a monument or tombstone costing Fifty Dollars each, or approximately that sum, to be selected by my said Executor. It is my will further that my said Executor have erected at the graves of my self and wife, Mrs. Laura Andrews, a double stone or monument at a cost of One Hundred and Twenty five Dollars, or approximately that sum, to be selected by my said Executor. Item 2. My said Executor is hereby empowered and authorized to purchase from the remainder of said cash and insurance money the one half undivided interest of John F. Holden in and to a tract of land containing One Hundred and Four acres, more or less, now owned jointly by said Holden and myself, without any order of the Court, provided in the discretion of said Executor it is advisable or advantageous to purchase same at the price said Holden may be willing to accept. Item 3. It is my will that the remainder of such cash and proceeds from said life insurance, whether said interest in said land is purchased by my Executor or not, be equally divided among my children, W.C. Andrews, R.L. Andrews, Mrs. Roxie Callahan, Miss Gordon Andrews, and my two grandchildren, Glenn Taylor and Robert Taylor, said two grandchildren receiving together the one share represented by the interest of their deceased mother. The interest of the said R.L. Andrews under the provisions of this item of my will, my said Executor shall apply toward discharging the indebtedness of the said R.L. Andrews to me and to such debts as my estate may be liable for on his account. Item 4. My said Executor is hereby empowered and authorized to sell, without any order of any Court, in his discretion, the bank stock owned by me in the Bank of Taliaferro, Crawfordville, Ga. Should my said Executor see fit to sell said bank stock, the proceeds from the sale of same shall be subject to the provisions of items 1, 2 and 3, of this will and disposed of as therein provided. Item 5. My said Executor is also hereby empowered and authorized to sell, without any order of Court, my interest in any mercantile business in which I may be interested at the time of my death, the proceeds of such sale, as well as the sale of any notes and accounts in which I may be jointly interested with others, which notes and accounts my Executor is likewise authorized to dispose of without any order of Court, in his discretion, shall also be subject to the provisions of said items 1, 2, and 3 of this will and disposed of accordingly. Item 6. It is my will and desire that the remainder of my estate, both real and personal, remain intact and be kept together as long as my beloved wife, Laura Andrews, and my daughter, Gordon Andrews, or either of them, shall live, or until my said daughter, Gordon Andrews, shall marry, should she marry after the death of my said wife, or until the marriage of my said wife, should she marry after the death of my said daughter. Item 7. It is my will and desire, and I hereby bequeath to them, that my wife, Laura Andrews, and said daughter Gordon Andrews, have the use and occupancy, or income from same, of the home in Crawfordville, where I now reside, free of all rent, taxes, repairs and insurance, my said Executor to keep said home insured for at least $1000.00 and the household goods for at least $500.00 during their natural lives, or until the marriage of said Gordon Andrews, should she marry after the death of my said wife, or until the marriage of my said wife, should she marry after the death of said Gordon Andrews. Item 8. Out of the income from my estate I will and bequeath to my said wife the sum of $275.00 annually, so long as she shall live, or until she may marry again, and to my said daughter, Gordon Andrews, the sum of $275.00 annually, during her life or until she shall marry. In addition to said sums annually, should my said wife and daughter, Gordon, or either of them, before marriage, have any sickness requiring unusual or extraordinary expense for medicine or medical attention, such expense shall be borne by the income from my estate before there shall be any division of such income any year. The foregoing provisions in this will for my said wife are intended and shall be in lieu of a years support and dower, or years support or dower out of my estate. Item 9. It is my will and desire that the balance of the income from my estate shall be equally divided each year by said Executor among my other children, W.C. Andrews, R.L. Andrews, Mrs. Roxie Callahan, and my two grandchildren, Glenn Taylor and Robert Taylor, or their children, should any one or more die leaving children, said grandchildren, Glenn Taylor and Robert Taylor, and the children of any deceased child, taking per stirpes and not per capita. And should my said wife, or my said daughter, Gordon, marry, she shall participate in the division of the said income from my estate in lieu of the provisions made for them in the foregoing items of this will, each taking a child’s part with the other children and grandchildren as provided in this item. The portion of such income from my estate falling to the said R.L. Andrews, shall be applied by my said Executor to the debts of the said R.L. Andrews, until such indebtedness to me and my estate shall have been fully paid. Item 10. Upon the death of my said wife, Laura, and daughter, Gordon, or upon the marriage of either of them after the death of the other, my entire estate then remaining shall be divided equally in kind among my children, or grandchildren, as the case may be, per stirpes. Should the said R.L. Andrews at any time voluntarily encumber the interest or property coming to him under the provisions of this item of this will, or should such property or interest of the said R.L. Andrews be levied on or seized in any way by any creditors of the said R.L. Andrews, such interest and property shall at once, in either event, become the property and interest of the children, or grandchildren, as the case may be, taking per stirpes, of the said R.L. Andrews and not subject to any debts of the said R.L. Andrews, except as above provided. Item 11. Upon the death of any one, or more, of my said children, or of my said grandchildren, Glenn Taylor and Robert Taylor, leaving no child or children, the interest of such deceased child or children, or of such grandchildren, Glenn Taylor and Robert Taylor, shall revert back and become a part of my estate and be divided as herein provided among those remaining, or their children, as the case may be, the children and grandchildren taking per stirpes and not per capita. Item 12. I hereby nominate and appoint my son, W.C. Andrews, my Executor under this will, and in addition to the authority above given him under this will I hereby [word missing] him to sell any live stock I may have at the time of my death without the order of any Court, and hereby relieve him of the duty of having my estate appraised. In testimony whereof, I have hereunto set my hand, this the 3rd day of November, 1913. All interlineations herein made before signing. /s/ John V. Andrews. Signed and published by John V. Andrews, as his last will and testament, in the presence of the undersigned, who subscribe our names hereto as witnesses at the instance and request of said testator, and in his presence, and in the presence of each other. This the 3rd day of November, 1913. W. O. Lunsford Jos. A. Rhodes M. R. Saggus. [Codicil] Georgia, Taliaferro County. I, John V. Andrews, of said State and County, being of sound and disposing mind and memory, do make this codicil to my last will and testament heretofore made by me, to wit: On the 3rd day of November, 1913, said will being attested by W.O. Lunsford, Jos. A. Rhodes and M. R. Saggus, so as to change the provisions of said will in the following particulars: I wish to change item 6 of said will by striking from said item all the words in same following the words “shall live”, so that said item shall read as follows: “Item 6. It is my will and desire that the remainder of my estate, both real and personal, remain intact and be kept together so long as my beloved wife, Laura Andrews, and my said daughter, Gordon Andrews, or either of them, shall live”. I wish Item 10 so changed in said will, and I hereby make such change in same, that the words “or upon the marriage of either of them after the death of the other” shall be stricken from said item, so that the division in kind therein provided for will not be made till the death of both my said wife and daughter, Gordon. I wish to change, and I hereby make said change, Item 12 of said will by nominating and appointing my friend, Hawes Cloud, as Executor with my said son, W.C. Andrews, already named in said item, hereby authorizing my said Executors, W.C. Andrews and Hawes Cloud, to use their discretion in all matters necessary to carry out the provisions and intention of this will above referred to being authorized to sell at public or private sale without order of Court, being my last will and testament with the changes above made. It is not my intention that the commissions as Executor compensate said Cloud for any legal services he may render my estate. In testimony whereof, I have hereunto set my hand, this the 28th day of March, 1914. The above interlineations made before signing. /s/ John V. Andrews. Signed and published by John V. Andrews, as a codicil to his last will and testament, in the presence of the undersigned, who subscribe our names hereto as witnesses at the instance and request of said testator, and in his presence, and in the presence of each other. This March 28, 1914. U.S. Gunn Jos. A. Rhodes W. J. Sturdivant [Codicil] Georgia, Taliaferro County. I John V. Andrews of said State and County, being of sound and disposing mind and memory, do make this codicil to my last will and testament heretofore made by me, to wit: on the 3rd day of November, 1913, and codicil to same made by me March 28th 1914, to change the same in the following particulars: Whereas my son W.C. Andrews, named as one of my Executors under said will and codicil, departed this life on the 25th day of May, 1914, I hereby nominate and appoint my son-in-law, J.H. Callahan, as Executor in his stead as co-executor with the said Hawes Cloud, also named in the codicil above referred to. In testimony whereof, I have hereunto set my hand this the 10th day of June, 1914. /s/ John V. Andrews. Signed and published by John V. Andrews, as a codicil to his last will and testament, and codicil to same, in the presence of the undersigned, who subscribe our names hereto as witnesses at the instance and request of said testator, and in his presence and in the presence of each other. This June 10, 1914 U.S. Gunn William J. Sturdivant Jos. A. Rhodes. Georgia, Taliaferro County Before me personally appeared W.O. Lunceford, Jos. A. Rhodes and M.R. Saggus, named as witnesses to the within writing purporting to be the last will and testament of John V. Andrews, who being duly sworn, each deposes and says that he with the other witnesses named above, did on the 3rd day of November 1913, attest as witnesses the within writing, in the presence of said John V. Andrews, who in their presence voluntarily signed and published the same as his last will, the undersigned witnesses attesting said will in the presence of said John V. Andrews and in the presence of each other, and that the said John V. Andrews was, at the time of said attestation and signing, of sound and disposing mind and memory. M. R. Saggus Jos. A. Rhodes W.O. Lunsford Sworn to and subscribed before me, this Aug. 3, 1914. /s/ Ralph W. Golucke Ralph W. Golucke, Clerk Superior Court Taliaferro County, Ga. Acting as Ordinary Pro Hac Vice. Georgia, Taliaferro County. Before me personally appeared U.S. Gunn, Jos. A. Rhodes and W.J. Sturdivant, named as witnesses to the within writing, same being a codicil to the will of John V. Andrews, late of said County, decd., who being duly sworn each deposes and says that he with the other witnesses named above, did on the 28th day of March, 1914, attest as witnesses the within writing, in the presence of each other and in the presence of said John V. Andrews, who in their presence voluntarily signed and published the same as a codicil to this last will and testament, and that the said John V. Andrews was, at the time of said attestation and signing of sound and disposing mind and memory. U.S. Gunn W.J. Sturdivant Jos. A. Rhodes Sworn to and subscribed before me, this Aug. 3, 1914 /s/ Ralph W. Golucke Ralph W. Golucke, Clerk Superior Court Taliaferro County, Ga. Acting as Ordinary Pro Hac Vice. Georgia, Taliaferro County. Before me personally appeared U.S. Gunn, W.J. Sturdivant and Jos. A. Rhodes, named as witnesses to the within writing, same being a codicil to the will of John V. Andrews, late of said County, decd., who being duly sworn each deposes and says that he with the other witnesses above named did on the 10th day of June, 1914, attest as witnesses the within writing, in the presence of each other and in the presence of said John V. Andrews, who in their presence voluntarily signed and published the same as a codicil to his last will and testament, and that said John V. Andrews was at the time of said attestation and signing of sound and disposing mind and memory. U.S. Gunn W.J. Sturdivant Jos. A. Rhodes Sworn to and subscribed before me, this Aug. 3, 1914. /s/ Ralph W. Golucke Clerk Superior Court Taliaferro County, Ga., Acting as Ordinary Pro Hac Vice. The above and foregoing will of John V. Andrews admitted to probate in solemn form and admitted to record. In open Court, This 3rd day of August, 1914. /s/ Ralph W. Golucke, Clerk Clerk Superior Court Taliaferro County, Ga., Acting as Ordinary Pro Hac Vice. Georgia, Taliaferro County. We and each of us do solemnly swear that this writing with the two codicils filed herewith contains the true last will of the within named Jno. V. Andrews, deceased, so far as we know or believe, and that we will well and truly execute same in accordance with the laws of the State. So help us God. J.H. Callahan Hawes Cloud Sworn to and subscribed before me this August 3rd, 1914. /s/ M.Z. Andrews Ordinary, Taliaferro Co., Ga. State of Georgia, Taliaferro County. To whom it may concern: Whereas, at a regular term of the Court of Ordinary for said County, on the 3rd day of August, 1914, the last will and testament of John V. Andrews, late of said County, deceased, was duly proved and admitted to record, and it was ordered that letters testamentary issue to J.H. Callahan and Hawes Cloud, the Executors named in said will, upon their taking the oath of office. Now therefore, the said J.H. Callahan and Hawes Cloud, having taken said oath, are by these presents authorized and empowered to act as Executors of said will, and to administer all and singular the goods and chattels, rights and credits, lands and tenements of said deceased according to said will and the laws of said State. Given under my hand and official seal, This August 3rd 1914. /s/ M.Z. Andrews Ordinary and Exoff. Clerk of Court of Ordinary, Taliaferro County, Georgia File at: http://files.usgwarchives.net/ga/taliaferro/wills/andrews636gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 16.8 Kb