Wayne County GaArchives Wills.....Harris, Henry William July 23, 1923
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Amy Hedrick http://www.genrecords.net/emailregistry/vols/00013.html#0003209 November 1, 2006, 8:05 pm

Source: Will Book B Pgs. 42-51
Written: July 23, 1923
Recorded: 1923


Will Book B pgs. 42-51 Wayne County, Georgia

State of Georgia }
County of Wayne  }

I Henry W. Harris, of said State and County, being of sound and disposing mind 
and memory, do make this my last will and testament, hereby revoking all 
others by me heretofore made.

Item I
It is my will that my body be buried in a decent and Christianlike manner 
suitable to my condition and circumstances in life, in the family burying lot 
in the cemetery at Big Creek Church Wayne County, Georgia.

Item II
I desire and direct that all of my just debts if any be paid without 
unnecessary delay by my executors hereinafter named and appointed.

Item III
I give, bequeath and devise to my beloved wife, Susan Agnes Harris, for and 
during her natural life, with remainder over at her death to my four (4) 
children as hereinafter recited, the following described real and personal 
property, subject to the terms and conditions hereinafter expressed.

Two hundred (200) acres, more or less, of lots of land numbers two hundred and 
fifty five (255) and two hundred and fifty six (256) in the fourth land 
district of originally Appling County, now Wayne County, Georgia, and bounded 
on the north by a certain branch dividing said premises from another farm 
owned by testator, known as the “J.T. Williamson Place.”  East by land of said 
Susan Agnes Harris; South by land of Dr. W.G. Harris; and west by a certain 
branch known as Big Branch and being the certain farm known as “the Home 
Place” of said testator.

Also, one hundred and twenty five (125) acres more or less, of lots of land 
numbers two hundred and fifty two (252), two hundred and fifty five (255), and 
two hundred and fifty six (256) in said Fourth Land District of originally 
Appling, now Wayne County, Georgia, commonly known as the “Hatt Wilson Place” 
and bounded on thenorth by lands of The Home Realty Company; east by a certain 
branch known as Big Branch; south by the run of a certain branch dividing the 
aforesaid home place of Testator from this said tract of land, and west by 
lands of The Home Realty Company, Joshua and Sarah Bland and John M. Harris.

Also, the certain farm known as the “J.T. Williamson Farm,” consisting of 
three hundred (300) acres, more or less, of lot of land number two hundred 
fifty five (255), in the aforesaid District and County, bounded on the North 
by land of The Home Realty Company; East by land of said Susan Agnes Harris; 
South by a certain branch known as Coon Bottom Branch, dividing said described 
premises from the aforesaid home place of said testator as well as a straight 
line from the head of said branch to a stake, and West by aforesaid Big Branch.

My said wife is to have the use, possession, rentals, and profits of said 
described three farms after paying all expenses, including repairs and taxes 
on said property, for and during her natural life as aforesaid.

Also each and every article of personal property located on and belonging with 
said above described three farms at the time of my death, consisting of 
principally mules, farming utensils, buggies, wagons, horses, gears, 
automobiles, hogs, cattle, agricultural products and the like, with the right 
to use, sell or otherwise dispose of some or any portion thereof, that she may 
elect for her own personal benefit and support, without any restrictions of 
any kind or character whatsoever, but if there remain on hand any of said 
personal property, or the proceeds thereof upon the death of my said wife, 
such remaining personal property and proceeds shall revert to and become a 
part of the assets of my estate.

Item IV
I further desire and direct that my executors hereinafter named and appointed 
hold and employ all of the money, stocks, bonds and proceeds of all notes 
accounts and other evidences of indebtedness of which I may be seized and 
possessed at the time of my death, in trust for the use of my said wife for 
and during the continuance of her natural life, and said executors are hereby 
directed to use and expend as much of the interest or income from said money 
and other evidences of indebtedness as may be necessary for the proper support 
of my said wife and for the payment of taxes, improvements and up keeping of 
the three tracts of land hereinbefore bequeathed to my said wife for and 
during her natural life; and in the event that necessity may demand to be 
judged of by said executors they may use so much of the corpus of said money, 
bonds, etc. as they may deem necessary for the proper improvement, up keep and 
payment of taxes and expenses in the operation of said described tracts of 
land, and for the support and maintenance of my said wife.  Provided, however, 
I direct that there be an appraisement made by three disinterested persons of 
all of the money, stocks, bonds, notes, accounts and evidences of indebtedness 
as mention in Item IV of this will and that said inventory and appraisement be 
entered in a book to be kept by my executors, and if as they keep an itemized 
statement of all receipts and disbursements, which book shall be open at all 
times to inspection by the balance of my heirs; and I further direct that the 
executors give a good and sufficient bond in an amount of only the appraised 
value of the money, stocks, bonds, notes, and evidences of indebtedness as 
mentioned in this Item; said bond to be made payable to the Ordinary of Wayne 
County, Georgia, in like form of other bonds of executors and administrators 
as provided by law, and in the event my executors give surety  bond the same 
is to be paid out of my estate.

Item V
I give, bequeath and devise to my executors hereinafter named and appointed 
and to the survivors of them, in trust for the sole and separate use and 
benefit of my daughter, Ella Lane, for and during the continuance of her 
natural life, with remainder over at her death to such of her children as may 
survive her, in equal parts, share and share alike, but to beheld in trust by 
said executor or executors for the use and benefit of said children until the 
youngest one of them shall have attained his or her full majority, and then to 
be surrendered to said child or children forever, without any further charge 
or limitation, the following described real estate to wit:

One Hundred (100) acres, more or less, of lot of land number two hundred and 
ninety six (296) and ten (10) acres more or less, of lot of land number two 
hundred and ninety five (295) in the Fourth District of originally Appling now 
Wayne County, Georgia, adjoining and forming one tract of land, bounded on the 
north by land of Dr. W.G. Harris; East by lands of J.C. Brewer, Linnie Bell 
Owens, Bertie Graham and J.R. Graham, Jr.; South by a certain place known as 
the “Bill Morgan Place” and west by land of J.H. McDonald and which tract of 
land shall be charged against my said daughter’s distributive share in my 
estate at the valuation of $6,500.00.  Said ten acres of lot number 295 being 
the land conveyed by L.W. Rogers, Sheriff of said County, to said testator by 
virtue of a tax fi fa issued by the Tax Collector of said county; said 
conveyance appearing of record in said county, in Deed Book “45” folios 216 
and 217, in the event said ten acres of land should be redeemed under the laws 
of Georgia, relative to tax sales, then I give and bequeath to my said 
executors for the uses and purposes aforesaid, one hundred dollars ($100.00) 
in cash money, to be substituted in lieu of said ten acres of land.

Also, the tract of land mentioned and described in Item III, hereinbefore 
as “The J.T. Williamson Place” containing three hundred (300) acres, more or 
less, subject however to the life estate in said tract of land bequeathed to 
my wife, Susan Agnes Harris as set forth in said Item III.  Said remained 
interest in said J.T. Williamson place to be charged against my said daughters 
distributive share of my estate at the valuation of Four Thousand Five Hundred 
Dollars ($4,500.00).

Item VI
I give, bequeath and devise to my son, Oscar L. Harris, the tract of land 
mentioned and described in Item III hereof, as “The Hatt Wilson Place,” 
containing one hundred and twenty five (125) acres, more or less, subject to 
the life estate in said tract of land bequeathed to my wife in said Item III.  
Said remainder interest to her charged against my said son’s distributive 
share in my estate at the value of Six Thousand, Five Hundred Dollars 
($6,500.00).

Item VII
I give, bequeath and devise to my son Dr. W.G. Harris the tract of land 
described in Item III hereof as testator’s home place, containing two hundred 
(200) acres, more or less, subject to the life estate in said tract of land 
bequeathed to my wife in said Item III, said remainder interest to be charge 
against my said son’s distributive share in my estate, at the valuation of Six 
Thousand five hundred Dollars ($6,500.00).

Item IX
It is my intention and desire and I so direct, that upon the death of my said 
wife, my four children, Oscar L. Harris, Dr. W.G. Harris, Ella Lane, for life 
with a remainder over to her children, through my executors as trustees as 
aforesaid, and Stella Davis share in my estate equally, share and share alike, 
but that certain advancements mentioned in this will be charged and accounted 
for in said final settlement, upon condition nevertheless, that Oscar L. 
Harris, Dr. W.G. Harris, and Ella Lane accept the real estate herein 
bequeathed to them at the valuations stipulated in this will, and in the event 
any or all of said three named children shall refuse to accept said bequests 
at the said stipulated valuations, then said land thus refused shall be sold 
by me executors and the net proceeds derived form such sale or sales shall to 
the child or children by whom such land or lands was refused, and in the event 
the net proceeds of such sale or sales shall amount to less than the valuation 
hereinabove placed on the particular land sold, such difference shall be 
deducted from such child’s share in said estate.

Item X
I desire and direct that in making final settlement with my four children that 
there be taken into consideration and charged against Oscar L. Harris, Five 
Thousand Four Hundred and Eighty nine Dollars and Fifty Cents ($5,489.50) as 
the value agreed upon between him and testator for lands heretofore conveyed 
to him, as well also Six Thousand Five Hundred Dollars ($6,500.00) for the 
remainder interest in the “Hatt Wilson Place” as mentioned in Item VI.

Also, that there be charged against Dr. W.G. Harris in said final settlement, 
One Thousand Dollars ($1,000.00) in cash heretofore advanced to him, Four 
Thousand Dollars ($4,000.00) for certain land heretofore conveyed to him, and 
Six Thousand Five Hundred Dollars for the remainder interest in the home place 
of testator as mentioned in Item VII of this will.

Also, that there be charge against Ella Lane Four Thousand Five Hundred 
Dollars ($4,500.00) and $6,500.oo for the lands mentioned in Item V of this 
will.

And that there be charged in said final settlement against Stella Davis Five 
Thousand Eight Hundred and Forty Two Dollars and Fifty Cents ($5,842.50) and 
Five Thousand Dollars ($5,000.00) for lands heretofore conveyed to her by 
testator and her mother, Susan Agnes Harris, respectively, said land valued at 
Five Thousand Dollars ($5,000.00) having been conveyed to said daughter by her 
said mother by agreement between testator and said grantor and accounted for 
to said grantor by testator in this will.

Item XI
I desire and direct that all property, both real and personal, mentioned and 
referred to in this will as going to my daughter, Ella Lane, and that all of 
her distributive share in my estate shall be received and accepted by my 
executors hereinafter named and appointed, and who I hereby appoint trustees 
for said real and personal property, and which property shall be held and 
managed by said trustees for the use and benefit of said Ella Lane during the 
continuance of her natural life with remainder over to such child or children 
whether now born or to hereafter be born by the said Ella Lane, that may be in 
life at the time of her death, and that such property shall not be delivered 
to said child or children until the youngest one of them shall have attained 
his or her full majority.  Said trustees shall allow said Ella Lane, in the 
event she desires such privilege, to reside upon or otherwise take possession 
of an cultivate said mentioned and referred to lands, but in the event she 
does not desire to reside upon or cultivate said lands then said trustees 
shall employ the same as to produce, in their judgment, the greatest net 
[illegible] for the use and benefit of said Ella Lane during her lifetime and 
her children after her death.

The share of money, bonds or other thing representing money that goes to said 
Ella Lane shall be vested in the same manner as said bonds, but the possession 
oand control of same shall be retained by said Trustees and the profits 
thereon clear of taxes and expenses paid to said Ella Lane during her lifetime 
and to be used for the benefit of her children after her death, and when the 
youngest one of her children shall have attained to his or her full majority 
then all of said property remaining on hand at such time, both real and 
personal, shall be delivered by said trustees to said child or children and if 
more than one child the same shall be divided, share and share alike, between 
or amongst them.

I further devise and direct that in the event of necessity, to be judged of by 
said trustees, they may use and expend any portion of the corpus of the 
personal property going as aforesaid for the use and benefit of said Ella Lane 
and her children, for the proper support and maintenance of said Ella Lane 
during her lifetime and after he death for the proper support and maintenance 
of her child or children during minority.

I further direct that said trustees shall be entitled to a commission, to be 
divided between themselves as they may agree, of ten per centum of the gross 
income from said trust estate for the use and management of same as herein 
directed.

I further direct that upon the death of my wife, and when a division is had of 
my estate, that an inventory and appraisement be made by three disinterested 
persons of the actual amount of money, stocks, bonds, and other evidences of 
indebtedness going to Ella Lane as her distributive share of said monies and 
evidences thereof, and that said appraisement and inventory be entered in a 
book, to be kept by my executors and that they keep an itemized statement of 
all receipts and disbursements of money coming to and paid out for the use and 
benefit of my said daughter, Ella Lane, and her children, which book shall be 
open at all times to the said Ella Lane and her children and to the remainder 
of the heirs; and I further direct that my said executors give good and 
sufficient bond in an amount equal to the valuation of the share of such money 
and other evidences of indebtedness going to my daughter Ella Lane, and her 
children, payable to the Ordinary of Wayne County, Georgia, as other bonds of 
executors and administrators are made, and as provided by law, and in the 
event they give surety bond, that then the same shall be paid for out of the 
share of the said Ella Lane and her children.

Item XII
I give and bequeath to my said four children all of the residue of my estate, 
both real and personal of every sort soever, not hereinbefore specifically 
devised, in equal shares share and share alike, subject always, however, to 
the life interest of my said wife in all of my said property as stipulated in 
Item III of this will, and subject also and in accordance with the provisions 
and stipulations recited in the above Item XI as to the portion going to my 
said daughter Ella Lane.

Item XIII
I further desire and direct that in the event of any of my said named four 
children shall die before the provisions of this will shall become operative, 
leaving no child or children, then the entire interest of said deceased child 
or children shall go to the survivors of them and if one or more of said 
children be dead leaving child or children, such child or children are to take 
per stirpes in lieu of their deceased parent.

Item XIV
On account of the age of my wife, it is my will and desire, and I so direct, 
that my executors look after the farms above designated as bequeathed to my 
wife; that is to say, that they take said farms in charge, have the same 
operated for her, pay the taxes, look after all the personal property and 
manage the same for her in a skillful and upright manner, accounting to her 
for all the proceeds derived from the operation of said farms and the looking 
after and managing the personal property and for the services thus rendered, 
that they receive a commission not to exceed ten per centum of the gross 
income as I have full confidence in them and their ability to treat their 
mother right as well as my daughter Mrs. Ella Lane, for whom they are made 
trustees.

Item XV
I hereby constitute and appoint my two sons, Oscar L. Harris and Dr. W.G. 
Harris, the sole executors of this my last will and testament, and I expressly 
confer upon them the power as such to administer my estate excusing them from 
giving any bond, except as mentioned in Item IV and Item XI of this will or 
making any return to the Ordinary and expressly confer upon them the full 
power authority in the event it become necessary to sell any part of my 
estates at either public or private sale, with or without notice, as they may 
deem best, and without any order of count, making good and sufficient 
conveyances to the purchaser and holding the proceeds of such sale to the same 
uses and trusts as hereinbefore declared in the several items of this my will.

Item XVI
I further direct that upon my death, that this will be probated, and that my 
executors employ as their attorney W.B. Gibbs, of Jesup, Georgia to act for 
them in probating this will and in all other legal matters connected with my 
estate in the event he is in life at the date of my death and when it becomes 
necessary to probate this will:  Provided the necessary arrangement can be had 
with him; and that they be paid for his services out of my estate; it being my 
intention that this item is directory and not mandatory, and in the event my 
executors and said attorney can not agree or if for any reason said attorney 
is not qualified, then my executors may employ any other counsel when they may 
desire and they further have authority to employ counsel to assist other 
counsel in the event of legal difficutly may arise over any my estate.

This 9th day of July 1923

Henry W. Harris {L.S.}

Signed, sealed, declared and published by H.W. Harris as his last will and 
testament in the presence of the undersigned as witnesses hereto, being called 
individually and specially by H.W. Harris as witnesses to this will, he first 
signing the same in our presence and we then signing as witnesses in his 
presence and in the presence of each other.  This 9th day of July 1923.

Witnesses
D.F. Pearce
J.T. McLaughlin
Raymond Pierce


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