Will of Green Berry Johnson

Submitted by Harriett Fuquay
[mailto:dumaxeth@atlantic.net
]



State of Georgia, Macon County

I, G B Johnson, of such State and County, being of sound and disposing mind and memory, do hereby make and publish this, my last will and testament hereby expressly revoking any and all wills heretofore made by me.

Item 1st I desire and direct that my body be buried in a decent and
Christian like manner, suitable to my circumstances in life.

Item 2nd I desire and direct that all my just debts shall be paid as soon as practicable after my death.

Item 3rd I give, bequeath and devise to my wife, Martha A. Johnson, my horses (?) which now own and keep at my home in Oglethorpe, Ga: this bequeath being made to my said wife in lieu of dower and years support out of my estate.

Item 4th I desire and direct that my executors, hereinafter named, shall as soon as practicable, sell all my property both real and personal, and reduce my estate to cash, to be distributed hereinafter provided. And for the purpose of carrying out this provision of my will, my said executors are hereby authorized a empowerment to make such sales of the property belonging to my estate, either at public or private sale, and at such times and places as in their judgment shall be deemed best and without an order or judgment of any court authorizing such sales; and they are further authorized and empowered to execute and deliver to the purchaser or purchasers of any of said property good and sufficient titles, deeds or other writings necessary to convey title to any such property as sold.

Item 5th Whereas I have heretofore made certain advancements out of my estate to certain of my children, as follows. To Andrew J. Johnson, the sum of $998.60 (?), in which he is entitled to a credit of $132.50, paid back to me.
To W G Johnson, the sum of $375.00
To J M Johnson, the sum of $375.00
To M M Johnson, the sum of $375.00
To Matchet C Johnson, the sum of $375.00
To Mattie B Bryan, formerly Johnson $410.45 Most of these items of advance are shown by notes or receipts now in my possession, as to some of them I have no written evidence but here state that all said advancements have been made.; and whereas I have taken and now hold a policy of insurance on my life amounting to $3000.00 in the P**** Mutual Life Insurance Co_______ made the same payable as follows: to my wife, Martha A Johnson _________ seventh of the amount of said policy and to my children viz, _______, Leila Mae, Eunice E., Mary P and Ola I. one seventh each of its ________ said policy. Therefore I do hereby direct that after (rest of page is too dark to read). Next page resumes with - to my children viz: Potter, Walter, Leila and Edgar Lee, that the remainder of my estate, or the proceeds thereof shall be divided equally among my wife, and all my said children, named in this will: however, I direct that before any such division is made that the advances which I have made to certain of my children, as above set!
forth, together with interest thereon at 7 percent per annum, shall be by them accounted for: and further that the amount received by my wife and other children, above mentioned, under the policy of insurance mentioned, shall be by them accounted for; in other words it is my will and desire and I hereby direct that my estate or the proceeds thereof, after the payments of my debts and other legacies provided for shall be equally divided among my wife and all my children but that in such division the amounts heretofore received by my children and my wife in the way of advancements and under the insurance mentioned shall be deducted from the share of each one: and should the advancements made to anyone exceed the share such one would be entitled to in such division, then I direct that such one shall pay to my estate the difference between such share and such advancement.

Item 6th I further direct that in the event of any of my said children shall die before this will becomes effective then the interest or share of each child after the accounting provided for in the preceeding item of this will shall be paid to such child or children as may survive such deceased heir. This provision applies to the interest or shares of my son, Matchet C Johnson, and my daughter, M B Bryan, both of whom are now dead. Said provision also applies ot the interest or share of my son Middleton M. who is also dead.

Item 7th By way of explanation the special bequest of $150.00 each to the four children mentioned in Item 5 of this will is made to them for the purpose of equalizing their shares with other of my children in my estate, in this ______: my other children from time to time received from me various items of personal property, in the way of household furniture and the like, and this bequest is made as stated for the purpose of an equalization on this line.

Item 8th I do hereby constitute and appoint my daughter-in -law, Mrs.
Rhetta Johnson as guardian of the minor child of Middleton M Johnson , deceased, to receive such child's share in my estate: and I do hereby constitute and appoint my son-in-law Loraine Henley guardian of my daughter Eunice who is the wife of the said Loraine Henley; the said guardians so appointed to act as such without the giving of any bond as such guardians as ordinarily required by law.

Item 9th I hereby nominate, constitute and appoint my wife Martha A
Johnson, and my two sons Andrew J Johnson and Walter B Johnson as executrix and executors respectively of this my last will and testament: they to be invested with and have the power and authority as set forth and granted in Item 4 of this my last will and testament.

In witness whereof I have hereunto set my hand and seal this the 3rd day of February, 1912.

G. B. Johnson LS

Signed, sealed and published by G B Johnson, as his last will and testament in the presence of us, the undersigned, who subscribe ___________ hereto in the presence of said testator after he had signed his name thereto and at his special instance and request, and in the presence of each other. This February 3rd 1912.

A H Perry
W J Griffin
R S Green

Georgia Macon County

I, G B Johnson, of said State and County, being of sound and disposing mind and memory, do make and publish this Codicil to my above and foregoing last will and testament viz:

I desire and direct that no sale nor disposition of my farm lands shall be made by my executors during the term for which the same one now rented or leased, such lease or rental having been made for the term of five (5) years, one year of which having already expired and such lease therfore being of force for four years longer. The income from said lands on said lease contracts to be collected by my Executors and applied on my indebtedness as far as may be necessary. When such lease shall have expired either by its own terms or by abandonment thereof by the tenants or lessee, then my said Executors shall have the right to sell said farm lands as provided in Item four (4) of my above and foregoing will.

In witness whereof, I have hereunto set my hand and seal the February 9th 1912.
G B Johnson

Signed, sealed, delivered and published by G B Johnson as a Codicil to his above and foregoing last will and testament, in the presence of us the undersigned who subscribe our names hereto in the presence of said testator, after he had signed his name thereto and at his special instance and request, and in the presence of each other. This February 9th 1912.
C. A. Allison
W J Griffin
R. S. Green

[Green Berry Johnson's first wife was Elizabeth Bryan, daughter of Magruder and Martha Bryan of Macon County GA. Elizabeth was the sister of Martha Bryan wife of Caleb F. Hill, sister of Little Jesse Bryan and sister of William Washington Bryan husband of Elizabeth T. A. McMurrain Bryan. Green Berry, Elizabeth, his second wife Martha A Dwight, William W and Elizabeth T A Bryan are buried in Pleasant Grove Methodist Cemetery in Macon Co., GA as are several other family members.]

 

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Last date updated 04/10/2006

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