UPSON COUNTY, GA - WILLS Flewellen, Edward A. ***************** 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 Georgia: Upson County I, Edward A. Flewellen of said State and County, conscious of the uncertainty of life and being of sound mind and disposing memory, desire while in life and health to dispose of the property with which a kind Providence has blessed me; do hereby make and publish this my last Will and Testament expressly revoking all wills heretofore executed by me. Item One: I desire that my body be buried in a Christianlike manner and that I hereby expressly enjoin my Executors hereinafter numerated to purchase a burial lot in Thomaston, if possible & desirable, or accept room in some lot that might be offered as the last resting place for my remains and that they purchase a suitable monument not to cost less than One thousand ($1,000) Dollars and as much over as they in their discretion decide to expend as a suitable mark and protection for my grave. Item Two: I direct that my just debts be all paid promptly and without delay. Item Three: I was born on the 17th day of September 1819 and am the oldest child of my parents James Flewellen and Elizabeth Persons Flewellen and the sole survivor, the other children of my parents namely: Robert T., Sarah Ann and James Persons Flewellen all being dead. My brother Robert T. Flewellen left surviving him: Jennie Flewellen, his widow, and Robert T. Flewellen and John D. Flewellen, and Edward A. Flewellen. My sister Sarah Ann married Jos. A. Holland & left surviving her the following children: Ella, who married Dennis Call; Ida, who married Dr. Frank Shepard; and Annie, who married James Johnson. My brother James Persons Flewellen married Sarah E. Everette and left surviving her the following children: Mary, who married first Van DeThornhill and second Ed C. Hughes; Jas. Edward Flewellen; and Bessie, who married John Sloan. Item Four: I will and devise unto Jennie Flewellen, the widow of my deceased brother, Robert T. Flewellen the note which I hold against her dated January 1st 1900 for the principal sum of $2234.93 with interest thereon at the rate of 8% per annum from date of execution. Item Five: I will and devise unto my nephew Robert T. Flewellen the sum of $12,000.00 Item Six: I will and devise unto my nephew John D. Flewellen the sum of $12,000.00 which bequest is to be charged and credited with the sum of $4277.33 formerly advanced to him on January 20th 1895 this was the total amount then due by him. This amount shall continue to bear interest from said date Jan 20th 1895 at the rate of 7% per annum & finally computed & deducted from the said sum of $12,000.00 on payment of said bequest. Item Seven: I will and devise unto my nephew Edward A. Flewellen the sum of $12,000.00 which bequest is to be charged with a certain note for the sum of $980.35 dated December 28th 1899 and due September 1st 1900 with interest thereon at the rate of 7% per annum which shall be finally computed and deducted from said sum of $12,000.00 on payment of said bequest. Item Eight: I will and devise unto my niece Ella Call the sum of $12,000.00 Item Nine: I will and devise unto my niece Ida Shepard the sum of $12,000.00. Item Ten: I will and bequeath unto my niece Annie Johnson the sum of $12,000.00 Item Eleven: I will and bequeath unto my niece Mary Hughes the sum of $12,000.00 Item Twelve: I will and devise unto my nephew Jas. E. Flewellen the sum of $12,000.00 which bequest is to be charged with the following amounts: $4,100.00 evidenced by note dated Dec. 17th 1908 and bearing interest thereon from said date at the rate of 7% per annum, and the sum of $1900.00 evidenced by note dated January 7th 1909 & bearing interest thereon from said date at the rate of 7% per annum which said sums shall be finally computed and deducted from said sum of $12,000.00 on the payment of said bequest. Item Thirteen: I will and devise unto my niece Bessie Sloan the sum of $12,000.00. Item Fourteen: I will and devise unto each of the children now living of my aunt, Mary Ann Drake, and unto the children of any of the children now deceased the sum of $200.00 each; the children of any deceased child or children to receive said sum of $200.00 collectively, not singularly. Item Fifteen: I will and devise unto Dr. Calvin Weaver my library with the exception of my family bible which I give to Jas. E. Flewellen. Item Sixteen: I will and devise unto Mrs. Fannie Bevel, my friend and with whom I have boarded for many years the sum of $500.00 and all of my furniture and household effects. I also will and devise unto Pearl, Bessie and Lillian Bevel the sum of $100.00 each. Item Seventeen: I will and devise unto my former old slave Joannah King the sum of $300.00. Item Eighteen: After all of the special bequests above named, subject to all the legal expenses attached to the administration of my estate and the payment of all debts that I may owe at my death. I hereby direct my Executors to divide the remainder into equal parts which I hereby devise unto my nieces and nephews above named. In the event of the death of any of my heirs above named before my death, I devise and bequeath the part herein devised unto them to their child or children surviving them. Item Nineteen: Having confidence in the integrity and business ability of my cousins Robert T. Persons and G. O. Persons and my friend Mrs. Nettie Davis, I hereby nominate and appoint them as my Executors to administer my estate, a majority of them to act on every matter concerning the conduct and management of the same. My said named Executors shall make a complete inventory of my estate which shall be filed of record in the Ordinary's office. I hereby fully authorize and empower my Executors to sell or otherwise in any manner convey any property belonging to my Estate either publicly or privately and any instrument thus executed shall convey as full and complete title as I may be able to convey while in life, it being my intention to give them full plenary power to manage and dispose of my estate as I could myself. I also give them power to make any compromise or settlement of any debt or claim which may be due my Estate as their discretion and judgment might dictate. They shall not be required to execute any bond nor to make any returns to the Court of Ordinary in any other Court other than one final return when my said Estate has been fully administered. For all services which my said named Executors shall render unto my Estate, I hereby direct that they be paid the sum of $5,000.00 each from my estate as a net compensation unto them for their services in lieu of any legal commissions fixed by law and they shall receive only said sum as Executors upon qualifying as such. In testimony whereof, I the said Edward A. Flewellen do freely and voluntarily hereto affix my signature to this my last Will & Testament, this May 6th 1909. Edward A. Flewellen We the undersigned whose names are hereto affixed do hereby attest this the last will and testament of Edward A. Flewellen, who has freely and voluntarily executed & signed the same as such in our presence & we each of us have attested the same as witnesses in his presence & in the presence of each & every one of us. This May 6th 1909. J. H. Marchman James R. Jackson L. A. Torbert (Codicil to the Will of Edward A. Flewellen) Georgia - Upson County I, E. A. Flewellen, being of sound and disposing mind do make the following codicil to my Will executed by me on the 7th day of May 1909. First: Since executing my said will I have purchased a burying lot in the Cemetery at Thomaston, Georgia and a monument for the same. Having done this myself it will not be necessary for my said executors to carry out that portion of Item One of my said will relative to a burying lot and the purchase of a monument and that portion of said Item One I hereby revoke, with instructions that my body be interred in my own lot. Second: I desire to increase the bequests made to the children of my aunt Mary Ann Drake from $200.00 each as is set forth in Item Fourteen of my said will to the sum of $400.00 each so that her said children and the children of any deceased child shall receive the sum of $400.00 instead of the sum of $200.00 as is set forth in said will. Third: I hereby re-affirm the appointment of the parties named in my said will of May 6th 1909 as my executors. If because of death or any other reason any one or more of my said executors cannot act as such, then those remaining who can act as such shall execute the provisions of my said will and this codicil to the same. I hereby revoke the special bequests made by me to my said executors as compensation for their services as such and they are appointed to serve as my executors without any further compensation other than that which I have already given them. Such actual expenses as they may incur in their administrative capacity is to be paid out of my estate as other expenses of administration are paid. The above and foregoing codicil to my said will is hereby executed by me as such on this the 18th day of November 1910. E. A. Flewellen The above and foregoing instrument was freely and voluntarily signed by said E. A. Flewellen as the codicil to his will dated May 6th 1909 in the presence of each and every one of us and we the undersigned did witness the execution of the same as such & did attest the same in his presence and in the presence of each and all of us. This 18th November 1910. J. E. ????? R. E. ????? G. C. Bevel NOTE: Dr. Edward A. Flewellen 1819 - 1910 Buried: Glenwood Cemetery