LAUDERDALE COUNTY, TN - WILLS - Gus L. Fitzgerald 1945 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb by transcribed by Sarah Hutcherson <> ===================================================================== LAST WILL AND TESTAMENT OF GUS L. FITZGERALD State of Tennessee Lauderdale County IN THE NAME OF GOD,AMEN I,GUS L.FITZGERALD,a citizen and resident of Lauderdale County,Tennessee,do hereby make,publish and declare the following to be my last will and testament and hereby revoke any and all wills heretofore made by me: ITEM I--I am the owner of a tract of 127 acres of land in the 5th district of Lauderdale County,Tenn which I purchased from HUGH DAVIS about 1925,which said 127 acres includes a tract of 25 acres of land on the northern end of said farm known as the HATTIE KELLER Farm and the boundaries of said Hattie Keller Farm or place of 25 acres are well defined by roads on all sides which have been there for many years. T have a contract with my wife,MATTIE M.FITZGERALD under which she may be entitled to a life estate in said 25 acre Hattie Keller Farm,and in event she is so entitled and does receive a life estate in said 25 acres,then I do hereby will and devise the remainder or reversionary interest in said 25 acres to my son,J.D.FITZGERALD in fee simple. ITEM II--In event my said wife,MATTIE M.FITZGERALD,is not entitled to and does not receive a life estate in said 25 acre Hattie Keller Place,at my death,then I hereby will,devise and bequeath unto my son J.D.FITZGERALD in fee simple the northern one-half of said 127 acre Hugh Davis Place which will include the 25 acre Hattie Keller Place; and I will,devise and bequeath to my son WILLIS FITZGERALD the southern one-half of said 127 acre tract. I will that my executor will obtain the services of a capable surveyor to survey and run off the dividing line between the said two parties,to wit my two sons above mentioned,and that said tract will be divided on an equal acreage basis and that the dividing line will be run from east to west so that said acreage may be divided equally. ITEM III--In the event my said wife is entitled to a life estate in said 25 acre Hattie Keller Place as above setout,then I will and devise the remaining 102 acres in the Hugh Davis Place to my two sons,J.D.FITZGERALD and WILLIS FITZGERALD in the same manner as setout in Item II of this will,towit,the northern one-half of said 102 remaining acres,I will and devise to my son,J.D.FITZGERALD and the southern one-half I will and devise to my son,WILLIS FITZGERALD and I desire that the division shall be made by running a line from east to west through said tract so as to give each son an equal amount of acres. ITEM IV--I am the owner of a remainder or reversionary interest in 84 acres of land in Dyer County,Tennessee near Tennemo on which my former wife,NEELIE A.FITZGERALD is now living and in which she has a life estate by virtue of a divorce decree and settlement made between her and me about 1927.The remainder or reversionary interest in said 84 acres of land in Dyer County,Tennessee,I hereby will,devise and bequeath unto my daughter MRS.MAIE F.CROWELL forever in fee simple. ITEM V--I am the owner of a tract of 75 acres of land in the 11th district of Layderdale County,Tennessee which I purchased of W.A.PARRISH about 1938 on which we have been living and making our home,but under the terms of the contract which I have with my wife,MATTIE M.FITZGERALD,she has relinquished any and all claims she may have to this place or any other property that I have and own,and accordingly I hereby will,devise and bequeath said farm of 75 acres near Lightfoot to my two sons,J.D.FITZGERALD and WILLIS FITZGERALD,in fee simple and I devise to J.D.FITZGERALD the eastern one-half and I devise WILLIS FITZGERALD the western one-half and I desire my executor to have a line run from north to south so as to divide the said farm equally on an acreage basis. ITEM VI--All the balance of my property of every kind and nature which I may own at the time of my death,I will,devise and bequeath to my three children,J.D.FITZGERALD,WILLIS FITZGERALD and MRS.MAIE F.CROWELL,equally and share and share alike.I do not have any other children or heirs ay law. ITEM VII--I hereby nominate and appoint my friend,C.S.CARNEY JR.,as Executor of this my last will and testament and I desire that he will carry out the terms and provisions of this will as soon after my death as is possible,and especially do I desire that he pay any and all debts which I may owe at the time of my death as soon as possible. ITEM VIII--I do not make any provisions for my wife MATTIE M.FITZGERALD in this will for the reason that she and I have had a full settlementt of our property rights by virtue of a contract made and executed between us on October 30,1940 and under the terms of said contract she receives the property set out and described therein in lieu of all other interests in my property,including homestead,dower,year's support or exempt property etc. Witness my hand on this 15th November 1945 in Ripley,Tennessee: GUS L.FITZGERALD. We,the undersigned,hereby certify that the above and foregoing will containing three typewritten pages was on this day in our presence declared by the said GUS L.FITZGERALD to be his Last Will and Testament and said will was signed by him in our presence and that we in his presence and at his express request and in the presence of each other have and do hereunto sign and affix our names and signatures as attesting witnesses to said will.Done at Ripley,Tennessee on this 15 November 1945.S.N.ANTHONY. W.R.BURGESS. (Many of the bequests were changed following the divorce of Gus and Mattie Fitzgerald.) CODICIL IN HANDWRITING OF GUS L.FITZGERALD: G.L.FITZGERALD Will to WILLIS FITZGERALD You pay the hospital debt and pay the Doctors to clear all Debts first and This is the Way I Want the Money Divided. First to HURMAN RHODES one thousand Dollars, and one thousand to LOREAN RHODES.MAIR 2,000 Get The Notes at C S CARNEY office in Ripley Tennessee and Give MAIE the Notes They are the same as Money and Divide the Rest of The money.The Money is in The Ripley Bank. G.L.FITZGERALD. Another Writing: WILL OF G.L.FITZGERALD September 1,1953. Brownsville 10-R.2. Haywood Place I will MAIE CROWELL 3,000 worth of Notes the 10/11/12 Note hold against the Place and will give WILLIS the 7/8/9 Note for 3,000 I Hold against The Place and Will give J.D. 3,000 notes 4/5/6 I Hold against the Place the other 3 Notes Be Longs to me the first is to be paid off The cows is to be sold ____17 head. September 1,1953.signed: G.L.Fitzgerald. Another Writing: September 1,1953. THE WILL OF G.L.FITZGERALD the Money I have in the Both Banks I will Give SARA $500 for her part and will give HURMAN and LOREAN 8,000 to by a place Not to Be Sold if HURMAN BY it One Year After I am Dead some Where Else Besides Mattie's Place. $500 Hospital Care. $1000 Burial. $500 C S CARNEY Carry this out.Signed G.L.Fitzgerald.