Worth County, Georgia - Wills - MRS. ADA P. DUPRIEST 1949 Submitted by Harris Hill ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/ *********************************************************************** LAST WILL AND TESTAMENT OF MRS. ADA P. DUPRIEST STATE OF GEORGIA, WORTH COUNTY. I, Mrs. Ada P(atton) DuPriest, a citizen and resident of said County, being of sound mind and disposing menorym do make and publish this my last will and Testament, hereby revoking all other wills heretofore made by me. ITEM 1. I desire that my body be given a simple Christian burial. ITEM 2. I desire that my just debts, including also the expenses of my last illness and funeral, be paid as soon as may be practicable after my death. ITEM 3. I give, bequeath and devise all of the rest, residue and remainder of my property, real and personal, unto my beloved children, to-wit: Gladys DuPriest Bozeman, Robert Patton DuPriest, Elyeen DuPriest O'Sheal, Mildred DuPriest Purdom, Raymond Hadley DuPriest, Alda DuPriest DuPree, and Frances DuPriest Park, in equal shares; provided, however, that should any or either of my said children predecease me, and be survived by child or children who are in life at the time of my death, Then such child or children in each such case shall take the share of of their deceased parent; but should any or either of my said seven children predecease me and not be survived by child or children who are in life at the time of myu death, then in each such case the share of each such deceased childless child of mine shall be divided among the other beneficiaries under this item of this will in proportion to the respective interests which they take. ITEM 4. I hereby nominate and appoint Mrs. Gladys DuPriest Bozeman, Mr. Raymond Hadley DuPriest, and Mrs. Mildred DuPriest Purdom as executors of this my last will and testament, and authorize them, or the survivor of them, to administer and distribute my estate fully according to this will, and I relieve and excuse said executors from making inventory, bond, appraisement and returns to any court. And for the purpose of carrying out this will, I express- ly empower and authorize my said executors, or the survivor of them, to sell all my property, real and personal, at public or private sale, and with or without advertisement, in each case as they see fit, and to make proper conveyances to the purchasers; and my said executors, or the survivor of them, may make final distribution of my estate in money, or part in property and part in money, as my executors, or the survivor of them, deems best; and all of said things and duties of my said executors, or the survivor of them, may do without the order of any court. Witness my hand and seal this 22nd day of November, 1949. Mrs. Ada R. DuPriest (L.S.) Foregoing instrument declared, published, signed and sealed by Mrs. Ada P. DuPriest, as her last Will and Testyament, in the presence of all of us, the undersigned witnesses, who, at her request, and in her presence and inthe presence of each other have hereunto set our hands, this 22nd day of November, 1949. Ida Westberry Eleanor S. Griner J. H. Westberry, Jr. STATE OG GEORGIA, WORTH COUNTY. WHEREAS, I, Mrs. Ada P. DuPriest, a citizen and resident of said County, did on the 22nd day of November, 1949, sign, seal and publish my last Will and Testament; and WHEREAS, I am now desirous of Changing said will; I, therefore, hereby make, sign, seal and publish this codicil to my said will as follows: FIRST. I strike and eliminate from my said will any and all direct benefit and devise which was made therein to my son Robert Patton DuPriest; and I further bequeath and devise all of the share and interest which was set up, beaqueathed and devised for my said son, Robert Patton DuPriest, in said will, is instead hereby bequeathed and devised unto my daughter, Mrs. Gladys Bozeman, and my son Raymond DuPriest, as Trustees, strictly in trust, for and upon the following uses and purposes: the said Trustees and the survivor of them, shall manage, posess and control said trust property in their discretion and shall pay taxes and other expenses necessary to protect the trust property, and they shall pay out from time to time the remaining net income from said trust property for the support and maintenance fromsaid trust property fot the support and maintenance of my said son Robert Patton DuPriest. If necessary, in the judgement of said Trustees, they may from time to time encroach upon the corpus of said trust property, to such extent and as often as may be necessary in their judgement to provide sufficient funds for the support and maintenance of said Robert Patton DuPriest. Said Trustees may make investments of the trust property, and they may change the form of the trust property as they see fit from time to time, and they may make such investments as they see fit, they not being required to invest in such securities and property only as the law generally provides for Trustees and Guardians. Said Trustees may sell trust property at public or private sale, and with or without advertisement, as they may see fit from time to time, and may make proper conveyance in each case; and said Trustees are excused from making bond, inventory, appraisement and returns to any court. Any and all powers herein vested in said Trustees may be performed by them, or by their survivor, without order of any court. If any of said trust property remains after the death of said Robert Patton DuPriest, and after payment of his funeral expenses and expenses of last illness, the same shall be distributed by said Trustees among my my children who are then in life, and the lineal blood descendants of any of my children who are then dead shal take per stirpes the share of their deceased parent in each case. Said trust property shall never be liable for any debt or liability created by Robert Patton DuPriest. This spendthrift trust is created under the provisions of section 108-114 of Code of Georgia and the grounds set out in said section exist for creation of such trust, and this trust is necessary for the protection of said Robert Patton DuPriest and for the protection of said trust property. Said Trustees shall not be liable for mistakes of judgment. Published, and witness my hand and seal, this 14th day of July, 1956. Mrs. Ida P. DuPriest(L.S.) The foregoing signed, sealed, published and declared by Mrs. Ada Patton DuPriest, as a codicil to her said last will and testament, she first signing and publishing said codicil in our presence, and we then signing it in her presence and in the presence of each other, at her special request, this 14th day of July, 1956. Kathleen Lyle J. H. Westberry, Jr. W. L. Wingate GEORGIA, WORTH COUNTY. We do solemnly swear that the within writing(and codicil of July 14th, 1956) contain the true last will and testament of Mrs. Ada P. DuPriest, now deceased, so far as we know and believe; and that we will well and truly execute the same, in accordance with the laws of this state. So help us God. Mrs. J.W. Bozeman Sworn to and subscribed before me, Mrs. T.M. Purdom this 3rd day of May, 1960. R. H. DuPriest W.G. Paul Ordinary. Recorded May 4, 1960.