Taliaferro County GaArchives Wills.....Ellington, Samuel S. March 17, 1914 ************************************************ 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 October 24, 2007, 9:33 pm Source: Taliaferro Co., Ga Will Book B, Pages 331-332 Written: March 17, 1914 Recorded: May 4, 1914 LDS Film No. 220541 Wills 1826-1922 – Georgia Court of Ordinary (Taliaferro County) Transcribed by Rhoda Taylor Fone State of Georgia Taliaferro County. Last will and testament of S. S. Ellington. I, S. S. Ellington, of said State and County, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking all other wills heretofore made by me. Item 1. I wish my executor, hereinafter named, as soon as practicable after my death, to pay all my just debts. If a sale of any of my property should be necessary for this purpose, I wish my said executor to select for sale that which can be most advantageously used for the purpose; and I hereby authorize him to sell the same at public or private sale, as he may see fit, without the order of any Court. Item 2. I give and bequeath to my beloved wife, Sarah Elizabeth Ellington, all the remainder of my property, both real and personal, for and during her natural life, and she is hereby authorized to use any and all of such property as she may see fit during her life. Should she at any time deem it advantageous or advisable to do so, she is hereby authorized to exchange any of said personal property for other property whether of like kind or not, or to dispose of any of the personal property, as she may see fit, without any order of Court. Item 3. It is my will and desire that at the death of my said wife all of my property, both real and personal, be divided equally among my two children, Paul Ellington and Amanda Ellington, and my grandchild Annie Ogletree, daughter of C. H. Ogletree, share and share alike. It is my expressed desire, however, that the interest in my estate hereby bequeathed to my said grandchild is on the condition that she remain with my wife and said children, or with my said children, or either of them, after the death of my wife, and provided no effort is ever made by the father, or any of his relatives, of said grandchild to change the custody of said grandchild from the said members of my immediate family, or to prevent said grandchild from remaining with them as above stated. Should said grandchild so remain with my said family, as stated, and should no such effort, as above stated be made by any one to prevent her doing so, I hereby appoint my said son, Paul Ellington, as trustee of the share of said grandchild in my estate for her, to hold said property in trust for said grandchild, she being now only about two years old, and to use it for her in such way as he may deem best till she shall arrive at the age of twenty one years. In the event of any effort on the part of the father, or of any of his relatives, of said grandchild to take her from the custody of my family as above stated, then the share above bequeathed to said grandchild shall at once be forfeited and become a part of my estate and shall be equally divided between my said two children, Paul and Amanda Ellington. Item 4. I hereby nominate and appoint my said son, Paul Ellington, executor of this my will, hereby relieving him from having any appraisement of my estate and from making annual returns to the Ordinary. In testimony whereof, I have hereunto set my hand this the 17th day of March, 1914. /s/ S. S. Ellington Signed and published by S. S. Ellington, 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 17th day of March, 1914 Hawes Cloud John S. Jackson Jos. Rhodes The foregoing will of S. S. Ellington admitted to probate in solemn form in open Court. This 4th day of May, 1914 /s/ M. Z. Andrews, Ordinary of Taliaferro County, Ga. Georgia, Taliaferro County. Before me personally appeared Hawes Cloud, J. S. Jackson and Jos. A. Rhodes, named as witnesses to the within writing purporting to be the last will of S. S. Ellington, who, each being duly sworn, each and all depose and say that they did on the 17th, day of March, 1914, attest as witnesses the within writing, in the presence of S. S. Ellington, who in their presence voluntarily signed and published the same as his last will; and that said S. S. Ellington was at the time of said attestation and signing of sound and disposing mind and memory. Hawes Cloud Jos. A. Rhodes John S. Jackson Sworn to and subscribed before me, This May 4th, 1914. /s/ M. Z. Andrews, Ordinary, Taliaferro County, Ga. Georgia, Taliaferro County. To whom it may concern: Whereas, at a regular Term of the Court of Ordinary for said County, on the 4th, day of May, 1914, the last will and testament of S. S. Ellington, late of said County, deceased, was duly proved and admitted to record, and it was ordered that Letters Testamentary issue to J. P. Ellington, the Executor named in said will, upon his taking the oath of office; Now therefore, the said J. P. Ellington having taken said oath, is by these presents authorized and empowered to act as executor 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 4th day of May, 1914. /s/ M. Z. Andrews, Ordinary of Taliaferro County, Georgia. File at: http://files.usgwarchives.net/ga/taliaferro/wills/ellingto628gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 6.1 Kb