Last Will And Testament Of Silas J. Arrington
I, SILAS J. ARRINGTON, 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 hereofore 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, devise and bequeath to my two (2) grandchildren, GENE ARRINGTON and PATSY ARRINGTON, three (3) acres of land together with the house that I presently live in located on the east side of the Wrens-Harlem public road, share and share alike, with the express provision that they nor their representatives can sell this property before the youngest of the two reaches his or her twenty-first (21st.) birthday.
4. All the rest and residue of my property, both real and personal, of every kind and character, I give devise and bequeath to my children T. H. ARRINGTON, HORACE ARRINGTON, BEATRICE A. JAMES, FLOSSIE A. MCDONOLD, IRA DELL A. DIXON and WILLIE ARRINGTON, share and share alike. Now should any of the aforesaid children predecease me then that share that would go to the deceased child shall be divided equally among the children of that deceased child and if any child of mine shall die without children, then that share that would go to the deceased child shall be equally divided between my remaining children. In connection with the division of the residue of my estate it is my desire that my executor sell the farm I presently own at the best available price as soon as practical after my death and the proceeds therefrom are to be included in the residue of my estate.
5. I do hereby constitute and appoint my son, T. H. ARRINGTON, the sole Executor of this my last will and testament, and I expressly confer upon him power, as such, to administer my estate, excusing him from giving any bond, or making any returns to the ordinary, and I expressly confer upon him the full authority and power to sell any part of my estate not hereinbefore specially devised, at public or private sale, with or without notice, as he may deem best, and without any order of court, making good and sufficient conveyances to the purchaser and holding the proceeds of the said sale to the same uses as hereinbefore declared in the several items of this my will. I further expressly confer upon him the authority and power to borrow money for the use of my said estate, in any instance where he may think it necessary the proper, and to secure the same by lien, mortgage, security deed, or trust deed, or other form of security to or upon any part of my estate, not herinbefore specifically devised; this he may do without the order of any court.
This 30 day of October, 1958.
Silas J. Arrington (Seal)
The foregoing instrument was signed, sealed, declared, and published by SILAS J. ARRINGTON, as his last will and testament, in the presence of us, the undersigned, who, at his special instance and request, do attest as witnesses, after said testator had signed his name thereto, and in his presence, and in the presence of each other.
This 30 day of October, 1958.
Witness: Jean D. Matthews, Wrens, Georgia
Witness: Carlton G. Matthews, Jr., Wrens, Georgia
Files in Office April 25, 1962, Q. L. Bryant, Jr., Ordinary
PROBATE IN SOLEMN FORM
PETITION
GEORGIA, JEFFERSON COUNTY
TO THE COURT OF ORDINARY OF SAID COUNTY:
The petition of T. H. Arrington, whose post office address is Matthews, Georgia, respectfully showeth that on the 17th. day of October, 1961, Silas J. Arrington a resident of said State and County, who resided at RFD Matthews, Georgia, departed this life after having made and published his last Will and Testament where in he nominated your petitioner as executor.
Petitioner further shows that the following named persons are all the heirs-at-law, devisees, and legatees of the deceased, to wit:
T. H. Arrington, RFD Matthews, Georgia, age 57, Son
Beatrice A. James, RFD Matthews, Georgia, age 55, Daughter
Flossie A. McDonald, RFD Matthews, Georgia, age 52, Daughter
Ira Dell Dixon, RFD Matthews, Georgia, age 45, Daughter
Willie O. Arrington, Port Wentworth, Georgia, age 59, Son
*Gene Arrington, RFD Matthews, Georgia, age 18, Grandson
*Patricia Arrington, RFD Matthews, Georgia, age 14, Grand-daughter
(*Children of Horace Arrington, Deceased)
Petitioner produces said Will in Court and prays that it be proven in Solemn Form, and to this end he prays that the heirs-at-law, devisees, and legatees, as aforesaid be cited (unless notice is waived as provided in Section 113-602 Ga. Code Ann. as amended) to appear at the next term of the Court of Ordinary, which shall be held in and for said County on the first Monday in May, 1962, 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.
Wherefore, petitioner prays that Letters Testamentary issue to him in terms of the law,
This 20 day of April, 1962.
T. H. Arrington
Carlton G. Matthews, Jr., Attorney for Petitioner
OATH
GEORGIA, JEFFERSON COUNTY
Personally appeared before me, T. H. Arrington, who on oath says that the facts set forth in the foregoing petition are true.
T. H. Arrington
Sworn to and subscribed before me this 20 day of April, 1962.
Carlton G. Matthews, Jr. Notary Public, Jefferson County, Georgia, My Commission Expires Sept. 28, 1965.
ORDER OF SERVICE
JEFFERSON COURT OF ORDINARY, At Chambers April, 1962
Upon reading and considering the foregoing Petition, it is ordered that T. H. Arrington, Beatrice A. James, Flossie A. McDonald, Ira Dell Dixon, Willie O. Arrington, Gene Arrington and Patricia Arrington appear before the Court of Ordinary to be held in and for said County on the first Monday in May, next, then and there to show cause, if any exists, why the paper offered for probate by the Petitioner, T. H. Arrington as the last Will and Testament of Silas J. 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 Gene Arrington and Patricia Arrington be served personally with a copy of the within petition and this order at least ten (10) days before the next May term of this Court;
Q. L. Bryant, Jr., Ordinary
GEORGIA, JEFFERSON COUNTY
I have this day served Gene Arrington and Patricia Arrington personally with a copy of the within petition and order. 4-27-62
W. E. Miller, Sep. Sheriff, Jefferson County, Ga.
STATE OF GEORGIA, COUNTY OF JEFFERSON
IN THE COURT OF ORDINARY OF SAID COUNTY
PROBATE IN SOLEMN FORM
IN RE: ESTATE OF SILAS J. ARRINGTON
WAIVER OF SERVICE
It appearing to the Court in the above proceeding that Gene Arrington and Patricia Arrington, have been properly served in accordance with a previous order of this Court in this proceeding that they are minors and heirs at law of the descendent and have no legally appointed guardian:
It is therefore ordered that G. T. Harris of said State and County be and he is hereby appointed guardian ad litem to represent said minors in these proceedings.
In Open Court this the 5th day of May, 1962.
Q. L. Bryant, Jr., Judge Court Ordinary, Jefferson County, Ga
STATE OF GEORGIA, COUNTY OF JEFFERSON
IN THE COURT OF ORDINARY OF SAID COUNTY
PROBATE IN SOLEMN FORM
IN RE: ESTATE OF SILAS J. ARRINGTON
TO THE COURT OF ORDINARY OF SAID COUNTY:
ACCEPTANCE OF GUARDIAN AD LITEM
Having been appointed Guardian Ad Litem to represent Gen Arrington and Patricia Arrington, who are minors, in the matter of the Probate of the last Will and Testament of Silas J. Arrington, deceased, in Solemn Form in the Court of Ordinary of Jefferson County, Georgia, I hereby accept said appointment and agree to represent said minors in said proceedings.
I do hereby acknowledge receipt of a copy of the petition and order for service and hereby waive all further service or notice, and agree that said Last Will and Testament be probated instanter or at any time.
This the ________ day of April, 1962.
G. T. Harris
AFFIDAVIT TO PROBATE OF WILL
GEORGIA, JEFFERSON COUNTY
I, Carlton G. Matthews, Jr. do swear that I as well as Jean D. Matthews, saw the within named Silas J. Arrington sign and publish the within attached paper as his Last Will and Testament; that we subscribed the same as witnesses thereto at the special instance and request of the said Silas J. Arrington and in his presence, as did also the witnesses in the presence of the testator and of each other; that the said Silas J. Arrington signed the same freely and voluntarily, and was, at the time of such signing of sound and disposing mind and memory.
Witness: Jean D. Matthews, Wrens, Georgia
Witness: Carlton G. Matthews, Jr., Wrens, Georgia
Sworn to and subscribed before me, this 7 day of May, 1962.
Q. L. Bryant, Jr., Ordinary
FINAL ORDER
T. H. ARRINGTON, PROUFOUNDER
VS.
SILAS J. ARRINGTON
JEFFERSON COURT OF ORDINARY
PETITION FOR PROBATE IN SOLEMN FORM
MAY TERM, 1962
The above stated petition coming on to be heard, and it appearing that the parties at interest , T. H. Arrington, Beatrice A. James, Flossie A. McDonald, Ira Dell Dixon, Willie O. Arrington, Gene Arrington and Patricia Arrington have had legal notice of said application and time of its hearing, and it appearing to the satisfaction of this Court by the testimony of the witnesses to this Will, Carlton G. Matthews, Jr. and Jean D. Matthews that this paper is the Last Will and Testament of Silas J. Arrington and that he was competent to make a Will at the time he signed and executed the same.
It further appearing that no legal and sufficient cause has been shown why said paper should not be proved and admitted to record as the Last Will and Testament of Silas J. Arrington, said deceased.
Ordered further that Letters Testamentary issue to T. H. Arrington, the executor named in said Will, upon his taking oath required by law.
This 7th day of May, 1962.
Q. L. Bryant, Jr., Ordinary
OATH OF EXECUTOR
GEORGIA, JEFFERSON COUNTY
I, T. H. Arrington, do solemnly swear that, so far as I know or believe the writing contains the true Last Will and testament of the within named "Silas J. Arrington" deceased, and that I will well and truly execute the same in accordance with the laws of this State, So help me, GOD.
T. H. Arrington
Sworn to and subscribed before me, this 7th day of May, 1962.
Q. L. Bryant, Jr., Ordinary
Filed in Office April 25, 1962
Q. L. Bryant, Jr., Ordinary
