Last Will And Testament Of Mrs. Elizabeth Arrington
STATE OF GEORGIA
JEFFERSON COUNTY
I, Mrs. Elizabeth Arrington, 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.
1. I desire and direct that my body be buried in a Christian like manner suitable to my circumstances and condition of life.
2. I desire and direct that all my just debts be paid without unnecessary delay, by my executor hereinafter named and appointed.
3. I give, bequeath and devise, share and share alike, to my five children, to wit: T. W. Arrington, J. H. Arrington, T. G. Arrington, E. M. Arrington and Mrs. B. J. Byrd, all of my estate, both real and personal and chooses in action. This devise and bequeath is made to these five children with knowledge and realization that the real and personal property I now own was purchased and acquired by me from the proceeds of moneys belonging to these five children, and with the knowledge and realization that they have never been repaid any of the said moneys.
4. In the event that any one of these five children should predecease me without leaving a child or children, then the share of such deceased child I direct shall go to the surviving children of the five above named.
5.Should any one or more of my children predeceased me, leaving a child or children surviving, then I direct that the share of such deceased child or children shall to the child or children of such deceased child or children, such children of my deceased child taking per stirpes and not per capita.
6. I direct that my executrix hereinafter names shall exercise her own discretion as to whether the personal property or real estate owned by me shall be divided in kind or sold and the proceeds thereof divided as hereinbefore directed.
7. My executrix hereinafter named, if she should decide to sell said real estate, is authorized and empowered to sell either at public or private sale, and is by this will authorized and empowered to execute a deed in her name as such executrix to the purchasers of such real estate, conveying into such purchaser or purchasers a perfect fee simple title.
8. I especially relieve my executrix from giving a bond, filing an appraisal or inventory of my estate, and from making any returns to any court on official whatever, and confer upon her plenary power to administer my estate as hereinbefore directed without reference to any court or other authority.
9. I hereby nominate and appoint my daughter, Mrs. B. J. Byrd, executrix of this my last will and testament.
This the 28 day of April, 1930.
Mrs. Elizabeth herXmark Arrington (L.S.)
Signed, sealed, declared and published by Mrs. Elizabeth Arrington as her last will and testament, in the presence of said testatrix, after she had signed her name thereto, and at her special instance and request, and in the presence of each other.
J. W. Quinn
W. F. Denny
R. I. Marshall
Filed in office June 6th, 1930...............................Louisa M. Wright, Ordinary
Petition to Probate Will in Solemn Form
GEORGIA, JEFFERSON COUNTY
To the Court of Ordinary of Said County:
The petition of Mrs. B. J. Byrd shown that on the 2nd day of June, 1930, Mrs. Elizabeth Arrington as of said County, departed this life, after having made and published her last will and testament, in which she named your petition as Executor. Petitioner shows that the following named persons are the heirs at law of said deceased, to-wit:
Ms. Eula Rowell, Wadley, Ga
Robert Beckum, Louisville, Ga
Edward M. Arrington, Louisville, Ga
T. Gordon Arrington, Bartow, Ga
Your Petitioner, Mrs. B. J. Byrd, Louisville, Ga
T. Watson Arrington, Louisville, Ga
J. H. Arrington, Wadley, Ga
said heirs reside in Jefferson County, Ga and are all suit juris.
Petitioner produces said will in Court and prays that it be proven in solemn form and to do this and she pray that the said :
Ms. Eula Rowell, Wadley, Ga
Robert Beckum, Louisville, Ga
Edward M. Arrington, Louisville, Ga
T. Gordon Arrington, Bartow, Ga
Your Petitioner, Mrs. B. J. Byrd, Louisville, Ga
T. Watson Arrington, Louisville, Ga
J. H. Arrington, Wadley, Ga
be cited to appear at the next term of the Court of Ordinary for said County, to be held on the first Monday in August next, to show cause, if any exists, why said will should not be proven in solemn form and entered of record as the last will and testament of said deceased, and that letters testamentary issue to petitioner in terms of the law.
This 8th day of July, 1930.
Mrs. B. J. Byrd, Petitioner
ORDER OF SERVICE, JEFFERSON COUNTY COURT
Upon reading and considering the foregoing Petition, it is ordered that
Ms. Eula Rowell, Wadley, Ga
Robert Beckum, Louisville, Ga
Edward M. Arrington, Louisville, Ga
T. Gordon Arrington, Bartow, Ga
Your Petitioner, Mrs. B. J. Byrd, Louisville, Ga
T. Watson Arrington, Louisville, Ga
J. H. Arrington, Wadley, Ga
appear before the Court of Ordinary to be held in and for said County on the first Monday in August next, then and there to show cause, if any exist, why the paper offered for probate by the Petitioner, Mrs. B. J. Byrd, as the last will and testament of Mrs. Elizabeth Arrington, late of said County, deceased, should not be proven in solemn form and admitted to record as the last will and testament of said deceased, and it is further ordered that the said
Ms. Eula Rowell, Wadley, Ga
Robert Beckum, Louisville, Ga
Edward M. Arrington, Louisville, Ga
T. Gordon Arrington, Bartow, Ga
Your Petitioner, Mrs. B. J. Byrd, Louisville, Ga
T. Watson Arrington, Louisville, Ga
J. H. Arrington, Wadley, Ga
be served personally with a copy of the within petition and this order at least be ten (10) days before the next August term of this Court.
This 8th, day of July, 1930......................Louisa . Wright, Ordinary
Georgia, Jefferson County.
Due and legal service of the within petition and order of the court is hereby acknowledged; copy, process and any and all other or further service or notice are hereby waived, and we agree for said will to be probated in solemn form at the approaching August term 1930, referred to in said petition.
Ms. Eula Rowell
Robert Beckum
Edward M. Arrington
T. Gordon Arrington
Petitioner, Mrs. B. J. Byrd
T. Watson Arrington
J. H. Arrington
GEORGIA, JEFFERSON COUNTY
W. F. Denny, J. W. Quinn, & R. I. Marshall, do swear that we saw the within named Mrs. Elizabeth Arrington sign and publish the within attached paper as her last will and testament; that we subscribed the same as witnesses thereto at the special instance and request of the said Mrs. Elizabeth Arrington and in her presence, as did in the presence of testatrix and of each other; that the said Mrs. Elizabeth Arrington signed the same freely and voluntary, and was, at the time of such signing of sound and disposing mind and memory.
W. F. Quinn
J. W. Quinn
R. I. Marshall
Sworn to and subscribed before me this 9th day of August, 1930.
Louisa M. Wright, ordinary
GEORGIA, JEFFERSON COUNTY
In Re Petition for probate in Solemn Form of the Will of Mrs. Elizabeth Arrington, by Mrs. B. J. Byrd.
The above stated petition coming on to be heard, and it appearing that the parties at interest , resident in this State, were personally served with notice of the petition for probate ten days before this term of the Court, and that the parties at interest, not resident of this state, were duly served by publication of citation once a week for four weeks in the News and Farmer, a newspaper published in Louisville said State and County, and it appearing to the Court by the testimony of all the subscribing witnesses that the instrument offered for probate is the Last Will and Testament of Mrs. Elizabeth Arrington, deceased, as alleged in the petitioner of Mrs. B. J. Byrd and no sufficient reason appearing why said will should not be admitted to record as prayed.
Ordered, that said will be and the same is hereby established in solemn form as the last will and testament of Mrs. Elizabeth Arrington, and that the same be admitted to record.
Ordered, further that letters testamentary do issue to Mrs. Byrd the Executor named in said will, upon him taking the usual oath of office.
This 9th day of August, 1930.
Louisa M. Wright, Ordinary
GEORGIA, JEFFERSON COUNTY
I, B. J. Byrd, do solemnly swear that, so far as I know or believe the writing contains the true Last Will and testament of the within named "Mrs. Elizabeth Arrington" deceased, and that I will well and truly execute the same in accordance with the laws of this State, So help me, GOD.
Mrs. B. J. Byrd
Sworn to and subscribed before me, this 7th day of May, 1962.
Louisa M. Wright , Ordinary
Filed in Office July 8th, 1930
Louisa M. Wright, Ordinary
NOTES: PER TOM WILLIAMS-
