TAYLOR COUNTY, GA - WILLS Whittington, Allen 1882 ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: Virginia Crilley varcsix@hot.rr.com Wills 1860-1917 pg 102-107 Last Will and Testament of Allen Whittington State of Georgia Taylor County I, Allen Whittington, of said State and county being of sound and disposing mind and memory do make and ordain this my last will and testament -- hereby revoking all others by me at any time heretofore made. I make this will because, recognizing the uncertainly of life, I feel that it is a duty I owe no less to myself than to others to dispose of the property with which I have been blessed in such a manner as shall in my judgement be con ? with principles of justice, right and equity. Item 1. The place and manner of my burial, I leave to my family confident that they will do what is right and proper in the premises. My soul I bequeath to God who gave it as I hope for mercy though my Lord and Savior Jesus Christ. Item 2. Should I leave any debts unpaid at my death I desire that they shall be paid without delay out of any money that I may leave on hand. Item 3. My "Home place" described as follows: to wit: Lot of land No 272 Two hundred and Seventy Two in the First District said county containing Two hundred two and one-half (202 1/2 acres more or less) the same being the Lot on which stand my dwelling, gin house and other houses and on which said lot I now reside -- also fifteen or twenty acres more or less, adjoining the aforesaid lot on the West, the same being a part of the North east corner of Lot 273 Two hundred and seventy three in said district, the boundaries and location being as described in the deed which I hold to the same. Also lot of land Not 257 two hundred and fifty seven in the Dist aforesaid containing two hundred and one half more or less. Said lot cornering on the Southwest corner of the lot first aforesaid. Of the lot last named, Twelve acres more or less in the Southwest corner of said lot South of the Parks branch and Beaver creek is hereby reserved (out of the lot aforesaid - namely Lot No 257) to be disposed of by me as I shall hereafter see fit. In the event however that I do not dispose of said reserve tract, then the same shall go with the lands above described and subject to the same limitation as the other lands named in this item. All the land described in this item (including the 12 acres reserved in the event I do not otherwise dispose of the same) I desire and direct shall go to and belong to my beloved daughter Mary Ella Ruffin (wife of George A. Ruffin) during her natural life, subject to her direction and control. And upon the death of my said daughter, Ella, I desire that all the property described in this item (of course the two twelve acres more or less if the same has been sold -- otherwise to go in the same manner and with this other property described in this item) shall go to an belong equally to any children that my said daughter may leave.... or her body begottne absolutely and in fee simple. In the event any of the children of my said daughter Ella shall have died previous to the death of my said daughter, Ellan, then the lineal descendants or representatives of such deceased child or children of my said daughter, Ella, shall take per stipes ? and not per captita. In the event my said daughter, Ella shall die leaving no child or children nor lineal representatives of child nor children than all of the property described in this item (except the reserved twelve acres if the same has been sold) shall go to vest in, and belong absolutely in fee simple to George T. Ruffin the husband of my daughter Ella. Item The following described property to wit: Lots of land No 9 nine in the 12th twelfth district in the said district lying east of said lot No 9 containing Two hundred two and one half (202 1/2 acres more or less) , The South half of lot No 10, Ten (North of Lot No 9) containing one hundred and one fourth acres (100 1/4) more or less. Also Lots of land No 43 forty three and No 53 fifty three containing each 202 1/2 acres more or less and the East half of Nor 22 twenty two containing one hundred one and one fourth acres more or less all lying and being in the Twelfth District and amounting in the aggregate (said lots 43, 53 and east half of No 22 in said district ) to five hundred acres more or less. All the above described lands amounting in the aggregate to one thousand acres more or less, I desire shall go and belong to my said daughter Ella for and during her natural life subject to her control together with all the improvements therein. At or upon the death of my said daughter, Ella, I desire and direct that the lands described in this item (continuing consisting of the said thousand acres more or less) shall go to and vest absolutely and in fee simple in the child or children that she, my said daughter, may leave at her death (begotten on her body) in equal shares. In the event any of the children of my said daughter Ella shall have died previous to the death of my said daughter, Ellan, then the lineal descendants or representatives of such deceased child or children of my said daughter, Ella, shall take per stirpes and not per capita. In the event my said daughter, Ella shall at her death leave no child or children nor lineal descendents of child or children, then I desire and direct that the property described in this item (or the proceeds of teh sale of said property shall go in equal shares to the children (or representatives of children if the children be dead) of my brothers and sisters. In the event Cader Pierce shall not pay the rent and purchase money for the five hundred acres of land described (to wit Lots of land No 53, fifty three, 43 forty three and the east half of land No 22 twenty tow, all in Twelfth 12th District, said county before my death, then I authorize and empower my said daughter, Ella, whenever the said Pierce shall pay a note which I hold against him for about one hundred and ninety dollars -- the purchase money due for said five hundred acres of land above mentioned, shall also pay all due for rent of said place and ___ fray in addition for a set of Blacksmith's tools to make and deliver to said Pierce a quit claim title to the land last above described. This ? to pay for said land and take title therefore is to be extended to said Pierce as long as but no longer than the said Pierce shall continue to promptly pay the rent due and agreed upon for said land to wit a bale of cotton annually of good middling quality. In directing that the land described in this item shall be divided equally between the children or their representatives as aforesaid of my brothers and sisters' children in the event my said daughter Ella shall leave no children on her body begotten, nor representatives of such children at the time of her death. I intend and hereby direct that said lands to wit the lands described in this item, shall be sold, and the money arising from said sale be divided as aforesaid. The following described lands to wit: Lots 133 one hundred and thirty three and 136 one hundreds and thirty six (except five acres in the northeast corner of said lot that i do not own. I desire and direct shall go, and belong to my said daughter Ella during her natural life and at her death the said lands (amounting to four hundred acres more or less and lying and being in the twenty fourth 24th district said county) shall to to, vest in, and belong absolutely and in fee simple to the child or children or lineal descendants of any child or children of my said daughter Ella shall have died previous to the death of my said daughter, Ellan, then the lineal descendants or representatives of such deceased child or children of my said daughter, Ella, shall take per per stirpes. and not per capita. In the event my said daughter, Ella shall at her death leave no child or children nor lineal descendents of child or children, then I desire and direct that the property described in this item (or the proceeds of the sale of said property shall go in equal shares to the children (or representatives of children if the children be dead) of my brothers and sisters. Item VI The following described property to wit: One hundred acres more or less being the south half of Lot 219 two hundred and nineteen in the First District Macon county and state except three acres in the north east corner of said land. Also sixty acres of land in the northwest corner of Lot of land No 234 in said First District of Macon County. Also fifty acres more or less on or in the Northeast side of Lot No 296 in the 1st dist of Taylor County, I desire and direct shall go and belong to my said daughter, Ella during her natural life and at her death to her children (of her body begotten) absolutely and in fee simple; but if she shall leave no child or children (of her body begotten) at her death nor lineal representatives of child or children of my said daughter, Ella, shall take per stirpes then the property described in this item shall be sold and equally divided between the children of my brothers and sisters. But if Riley Carson shall comply with the written contract which he has with me then I authorize my said daughter, Ella to execute and deliver to said Riley good and lawful title to the fifty acres of land last described in this article in the event i should not then be in life. All the money or cotton that my said daughter, may receive for rent or purchase money of land sold by me shall belong to her absolutely. And all the land heretofore described in this will shall be subject to her control, use and support during her natural life. Item VII. I hereby charge the property described in item Third of this will with the decent and comfortable support of Mary McDaniel during the natural life of the said Mary McDaniel, and I hereby charge my said Daughter Ell (and in the event the said Mary shall outlive my said daughter, Ella) I charge George T. Ruffin with the duty and power )with the duty of seeing that my intention i thi sparticular is carried out in letter not spirit. Item VIII. I hereby give and bequeat to my daughter Ella all the money notes account and demands of any nature whatsoever that I may leave on hand at my death. Also I give and bequeath to my said daughter Ella all my household and kitchen furniture including my iron safe. I also give an bequest to her my said daughter, all the stock, cattle, cotton, corn and farm produce , wagons and farming tools, that I may have on hand at the time of my death. In the event any of the property described in this item shall remain on hand at the death of my said daughter, Ella, it is to go subject to the limitations and provisions of item third of this will. Item IX I charge all the property described in this will except the property described in the item third with the responsibility and liability of paying to my sister, Martha Adams, One hundred dollars per annum for and during her natural life and charge my daughter, Ella, with the duty of seeing that this provision is faithfully carried out. I also charge the property described in the Item Third of this will with the liability and responsibility of paying to my brother, Clayton, for and during his natural life with the amount of twenty five dollars annually and charge my daughter, Ella with carrying out this provision in good faith. In the event this property subject to the charges of this item shall be sold and divided under the provision of this will then and in that event the charges of this item shall cease, determine, and end. I hereby apoit and constitute and ordain my beloved daughter, Ella (Mary Ella) executrix of this my last will and testament, and in the event she shall die before the provisions of this will have been executed, then and in that event, I constitute appoint and ordain her husband, George T. Ruffin, my Executor in this my will. The words "shall" on first page ; "other" "children on third page; "next" on second page and "fourh" "half" "to five hundred acres more or less" on the fourth page; "my" "or shares on the fifth page; and "sisters" on seventh page of this will interlined before signing sealing, and publishing this will also the word "sister on the 7th page and the words "I owe" on first page of this will. Witness my hand and seal this 7th day of November 1882. Allen Whittington Georgia Taylor County Signed, sealed and published by Allen Whittington as his Last Will and Testament in our presence who have signed the same as witnesses at his special instance and request in his presence and in the presence of each other while he was of sound and disposing mind and memory. This 7th November 1882. G.W. Newsom J.L. Ogburn C.M. Lucas NOTE: Buried in New Hope - Little Vine Cemetery, Reynolds Whittington, Allen 1825 ? 64 yrs- Feb 21, 1883 (buried in Ruffin plot) NOTE: Per stirpes is a Latin phrase (meaning per branch) used in wills that specifies that each branch of the testator's family is to receive an equal share of the estate. As an example, suppose that the testator is A, whose will specifies that his estate is to be divided among his children per stirpes. A has three children, B, C, and D. B is already dead, but has left two children (grandchildren of A), named B1 and B2. When A's will is executed, under a per stirpes division, C and D each receive one-third of the estate, and B1 and B2 each one sixth, because their "branch" of the family has received one equal share. Under a per capita distribution, each of the surviving descendants B1, B2, C, and D would have received one quarter of the estate.