John L. Harris, 1933
GEORGIA, JACKSON COUNTY[sic]
I, John L. Harris, of said State and County, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking and annulling all others by me heretofore made.
- I desire and direct that my body be buried in a decent and Christianlike manner, suitable to my circumstances and condition in life, and that my grave be marked by a suitable monument.
- I desire and direct that all of my just debts be paid without any unnecessary delay by my executors hereinafter named and appointed by me.
- I give, bequeath, and devise to my wife, Nancy Drucilla Harris, to be used and enjoyed by her for and during the remainder of her life, the two hundred sixty-five (265) acres, more or less, of land lying about four miles out from Winder known as my old home place whereon my wife and I resided for many years, and I also give, bequeath, and devise to her for and during the remainder of her life the residence now occupied by us in Winder, Georgia, and it is my last will that she have and enjoy the said devised lands together with all the income therefrom during the remainder of her life and that her estate in all of such property be a life estate, and that upon her death all of the said property enjoyed by her as a life estate be further administered by my executors of my estate.
- To my grand-son, Emory McElroy, I give, bequeath, and devise a feather-bed and the necessary bedding for its use and enjoyment.
- I give, bequeath, and devise to each of my children, Allie Harris, Omie Harris Perkins, W. J. Harris, Prudie Harris Hardigree, Callie Harris Segars, Emmie Harris Gunnin, Jessie Harris Bennett, Nobie Harris McElroy, Lallie Harris Hill, Robert Harris, an equal share in my estate, the interest of each being an undivided one-eleventh of said estate, by this item ten-elevenths being disposed of. The remaining one-eleventh of my estate I give, bequeath, and devise to my grand-children, Sadie May Harris, Clare Harris and Gladys Harris, the children of my deceased son John Sanford Harris, the said one eleventh of my estate that would have gone to my deceased son to be equally divided among the said three children, or among the survivors of them should any one or more of them be deceased, and if none of them survive the said eleventh of my estate shall be equally divided among my surviving children or their representatives.
- As a part of the share of my estate going to my son Robert Harris, I specially bequeath to him that part of my land known as the Sam Smith place, with the buildings thereon, now occupied by said Robert Harris, and, also, all that strip of land lying on the same side of the public [road] from Winder to Statham, and adjoining lands of Green W. Smith, and the House lands, it being all of my lands on the left side of the road going from Winder towards Statham, and containing about fifty-seven (57) acres, more or less.
As a part of the share of my estate going to my son William J. Harris, I specially bequeath to him the sixty-eight (68) acres of land, more or less, of the place on which he now resides on the right side of road from Winder to Statham, Georgia.
The value of these two special bequeaths [sic] is to be determined by my executors, and the said Robert Harris, and the said W. J. Harris, shall each have such other and further sums as when added to the said value of lands shall make the share of each of the[m] equal to that of my other children, it not being my intention or desire to prefer either of them over my other children, but by this item I simply desire to bequeath to each of them that special property above mentioned in this item.
- Should any of my children die without issue then in life, it is my will and desire that whatever property such child has received from my estate shall revert to my estate to be administered as my estate, and the interest of each and every child in my estate is subject to this provision.
- It being my desire that the two hundred and sixty-five (265) acres known as my home place, which by item three of this will I bequeathed to my wife for and during her natural life, shall be held by my children and their children as long as possible, it is my will and desire that after termination of the life estate therein of my wife, above mentioned, the said home place shall be divided into four tracts of land by my executors and said four tracts of land thus subdivided shall by the executors be made parts of the shares of four of my children, but with the condition that the interest of the said child so taking any of the said lands thus divided shall be that of a life estate, and the remainder over in said lands shall go to the children of such child, if any, and if none at the time of the death of such child of mine, that it is my will and desire that such tract of land shall revert to my estate to be again administered as if no estate therein had been granted. The portion of this land already specially bequeathed to W. J. Harris in item six shall be specially set part to him by executors after this division into four parts, but subject to the provisions of this section eight.
- The valuation of the several tracts of land of my estate shall be fixed by my executors but if the child or children to whom this land shall fall disagree as to the value of the said lands, then I direct that the majority of the children shall choose a freeholder familiar with the said lands, and the two freeholders so chosen shall act with my executors in fixing the valuation, and the valuation fixed in this manner shall determine the value of said tracts of land, and this valuation shall guide my executors in apportioning my estate to the several heirs thereto, and no appeal from this valuation shall be had but the executors are herein directed to proceed with the apportionment with the valuations so fixed where any disagreement has arisen about a valuation fixed by the executors in the first instance.
- Certain advancements have been made by me to several of my children represented by notes and receipts, against them, and in making distribution of my estate I desire that all advances of money either as loans or otherwise be first accounted for by each of my children to whom such advances were made, it being my desire and intention that in the distribution of my estate my children be made as nearly equal as possible, in accordance with the general scheme of this will. But no advancement or loan shall be taken into consideration unless evidenced by written instrument.
- I hereby constitute and appoint as the executors of this last will and testament my son, Willie J. Harris, and W. D. Perkins, and relieve them from making any bonds or returns to any Court of Ordinary or any other court. I direct that they probate this will only in common form and that such probate as fully protect them as probate in solemn form. I expressly empower my said executors with the authority to sell either publicly or privately any part of the personal property of my estate should it become necessary for the purpose of distribution or for the payment of debts or for any other purposes and I empower them to sell any of the realty that it may be necessary to sell either for the purpose of paying debts or for equal distribution which has not been specifically bequeathed or charged with life estate or remainder interests. All sales shall be without any order of any court and with one weeks advertisement in County organ. The purpose and desire of the testator is that the realty so far as possible be held and apportioned among the children as hereinbefore set forth in detail, and none of it is to be sold unless it is absolutely necessary to make a sale of it in order to carry out the provisions of this will.
- I hereby will and direct that within ten days after my death that my executors have prepared and presented to each of the legatees under my will an instrument reading as follows: “I hereby agree to the probate of the will of John L. Harris and agree that it is legal in ever[sic] respect”.
If any legatee shall fail to sign said instrument and return it to my executors within three days after it is presented to him or her by either of my executors, then such legatee shall forfeit his or entire legacy and whatever I bequeathed in the former items of this will to such legatee shall be sold and the proceeds of such sale be equally divided among my children who do sign said instrument within the time herein provided.
This July 5st, 1932 /s/John L. Harris
Witnesses: B. C. Hill, A. T. Harrison, W. H. Maxwell
Eliza Collins House, 1924
I, Eliza C. House, being of a sound and disposing mind and memory, do make 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 decent, Christian burial, suitable to my circumstances in life.
Item 2. I desire that all of my just debts be paid as promptly as possible after my death.
Item 3. I give and bequeath to my two daughters, Maggie House and Una House jointly, all of my household effects, farm products, livestock, and any and all other personal property except such cash as I may leave and notes and accounts due me, it being my will and desire that the cash and any notes and accounts shall go into the residue of my estate for distribution as is hereinafter provided.
Item 4. It having fallen to the lot of my said two daughters, Maggie House and Una House, to give a great deal of care and attention to my late husband, John H. House, and to myself through many years at a sacrifice of comfort to themselves, and desiring in some small way to repay them for the care and attention and devotion shown by the to my said husband and myself through many years, I do give and bequeath to my said two daughters, Maggie House and Una House, all that tract of land described in a plat thereof made by L. A. House, County Surveyor, on December 26, 1921, containing 95 acres, more or less, which said plat is hereto attached for identification of the tract of land hereinafter bequeathed, the said land being described as follows:
Commencing at a stake with lands of L.A. and J. H. House adjoining lands of Mrs. E.C. House; thence S. 87 E. 11.50 chains to a gum; thence with lands of L.A. and J. H. House S.40 E.26.39 chains to a rock; thence with lands of M. E. Guffin S. 5 1/4 W. 18.35 chains to post oak stump; thence N. 43 W. 9.40 chains to an iron pin; thence N. 17 1/2 W. 5.40 chains to an iron pin; thence N. 9 1/2 E. 22 chains to an iron pin at branch; thence with branch S.78 E. 1.20 chains to a stake; thence N. 25 E. 2.17 chains to the beginning point with lands of L. A. and J. H. House
Item 5. It is my further will and desire that should either of my named daughters, Maggie House or Una House, die, leaving no children, then the entire property bequeathed to them jointly under the provisions of items 3 and 4 of this will shall go to the survivor in fee simple, but should either of them die leaving children, then the share of property bequeathed by items 3 and 4 of this will to such deceased daughter shall descend per stirpes to her children.
Item 6. It is my will and desire that the residue of my estate, real and personal, be divided into 10 equal parts and that one of such parts be given to each of my nine children, to-wit: W. J. House, J. T. House, L. A. House, J. H. House, Mrs. Ella Dunnahoo, Mrs. Bettie Stewart, Mrs. Ara Patrick, Maggie House, Una House, making nine-tenths (9/10) of the said residue, and that the remaining one tenth (1/10) of my estate to be divided equally between Edgar Hill and Florine Hill, my grand-children, children of my daughter, Susan Hattie Hill, and I direct that the residue be distributed in accordance with this scheme. Should any child of mine be dead at the time this will takes effect, then it is my will and desire that the share that would have gone to such deceased child under this item of my will shall go to the children of such deceased child per stirpes, if any, and likewise should either Edgar Hill or Florine Hill be dead at the time this will takes effect, then it is my will and desire likewise that the share of my estate that would have gone to such deceased grand-child under this item of my will shall go to the children per stirpes of such deceased grand-child if any, but should any of my children or my said named two grand-children be dead at the time this will takes effect and leave no children, then it is my will and desire that the share that would have gone to such deceased child or grand-child under this item of my will shall follow the laws of descent and distribution of the State of Georgia as now enacted.
Item 7. I hereby nominate, constitute and appoint my sons, J. T. House, L. A. House and Joseph H. House, as the executors of this my last will and testament, and I expressly relieve them from giving bond or from making returns to any court, and should a sale of my property be necessary to carry into effect the terms of this will, then it is my will and desire and direction that my said executors make such sales either publicly or privately as they may deem best and without asking the leave of any court before making such sales, and I expressly relieve them from making any returns to any court.
Item 8. Should either of my said executors die, then it is my will and desire that the survivors or the survivor continue as the executors or the executor, as the case may be, of this my will.
This the 4th day of May, 1922
Eliza C. House
Witnessed by C. W. Parker, S. N. Brown, Z. W. Howington
This will was presented to the Court of Ordinary 1 Sep 1924, stating that Mrs. Eliza C. House had died 25 June 1924.