UPSON COUNTY, GA - WILLS Drake, John Calvin ***************** 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: Archie Colburn acolburn@tyler.net State of Georgia Upson County I, John Calvin Drake, of said State and County, being conscious of the uncertainty of like and being of sound and disposing mind and memory, desire, while in life and health, to dispose of the property with which a kind Providence has blessed me. Therefore I do make this my last will and testament hereby revoking and annulling all others by me heretofore made. 1st I desire that my body be buried in a decent and Christian like manner. 2nd I desire that my just debts be paid as soon as possible. 3rd I give and bequeath to my wife, Mary Ann Drake, during her life, all of my property, real, personal, and mixed, to be disposed of by her among our children and grandchildren as may be deemed by her to be just and proper. 4th I hereby constitute and appoint my said wife sole executrix of this will & testament. She shall have full power to sell privately or publicly, as may by her be considered best, any property belonging to my estate, or that may hereafter be acquired and to convey the same. She shall also have full power to make such compromise settlements as may be deemed most to the interest of my estate. Having full confidence in the integrity of my wife she shall not be required to give bond and security as Executrix, nor shall she be required to make any returns to the Ordinary or any other Court. Signed sealed & published by John C. Drake as his last will and testament in the presence of us who subscribe our names hereto in the presence of the said testator at his request and in the presence of each other - he signing in our presence and we signing in his presence this the 16th day of September 1889. John C. Drake J. W. F. Hightower R. A. Mathews B. A. Childs Jr. CODICIL I, John Calvin Drake, of Thomaston, Georgia, having made my last will and testament and published the same September 16th, 1889, hereby make, declare & publish this codicil to the same. 1st It is my special desire and I do direct that the debt due to my son, James A. Drake for money loaned me, on account, amounting to about five hundred, together with interest thereon, be the first debt paid after payment of burial expenses. 2nd My sons, John C. Drake Jr. and Thomas F. Drake and my son-in-law George P. Harrison who married my daughter Mary F. Drake, now deceased, having already received a larger portion of my estate than can be given to my other children, my executrix is directed to give to each of them, or to their children, the sum of only one dollar each, and at her death it is directed that the rest of my estate be divided equally between my other children & grandchildren. Namely James H. Drake, Martha F. Weaver, Maria C. Beall, Archelaus A. Drake, Edward A. Drake, Leona Bullard, the daughter of my deceased daughter, Ida Bullard, and Flewellen L. Drake. Should either of the above married children or my grandchild, Leona Bullard, die without children, then the share of such deceased shall be equally divided among the other survivors. 3rd As an exception to the above directed distribution of my estate it is particularly directed that my said Executrix shall have authority to divide our household goods and heirlooms among our children and grandchildren in such way as she may desire & prefer. Signed Sealed & published by John C. Drake as a codicil to his last will & testament in the presence of us who subscribed our names hereto in the presence of said testator and at his request & in the presence of each other. He signing in our presence & we signing in his presence, this the 8th day of May 1894. John C. Drake Witnesses: J. W. F. Hightower R. A. Mathews B. A. Childs NOTE: Dr. Drake's wife, Mary Ann Flewellen, was a younger sister of Thomas Flewellen.