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Will of John Vincent Andrews

 

Will of John Vincent Andrews
Wills 1826-1922 – Georgia Court of Ordinary (Taliaferro County)
LDS Film No. 220541
Will Bk. B, pp. 333-338
Transcribed by Rhoda Taylor Fone

Dated: November 3, 1913

Recorded: August 3, 1914

State of Georgia, Taliaferro County.

Last will and testament of John V. Andrews
I, John V. Andrews, of said State and County, being of sound and
disposing mind and memory, do make this my last will and testament, hereby
revoking all wills heretofore made by me.

Item 1. It is my will and desire that my Executor, hereinafter named,
out of the cash on hand and the funds arising from the insurance on my
life, pay all my just debts, and that he have erected at the graves of
my daughter, Mrs. A.R. Taylor, my son, Norman Andrews, and my wife’s
sister, Miss Jettie Gunn, each a monument or tombstone costing Fifty
Dollars each, or approximately that sum, to be selected by my said
Executor. It is my will further that my said Executor have erected at the
graves of my self and wife, Mrs. Laura Andrews, a double stone or monument
at a cost of One Hundred and Twenty five Dollars, or approximately that
sum, to be selected by my said Executor.

Item 2. My said Executor is hereby empowered and authorized to
purchase from the remainder of said cash and insurance money the one half
undivided interest of John F. Holden in and to a tract of land containing
One Hundred and Four acres, more or less, now owned jointly by said
Holden and myself, without any order of the Court, provided in the
discretion of said Executor it is advisable or advantageous to purchase same at
the price said Holden may be willing to accept.

Item 3. It is my will that the remainder of such cash and proceeds
from said life insurance, whether said interest in said land is purchased
by my Executor or not, be equally divided among my children, W.C.
Andrews, R.L. Andrews, Mrs. Roxie Callahan, Miss Gordon Andrews, and my two
grandchildren, Glenn Taylor and Robert Taylor, said two grandchildren
receiving together the one share represented by the interest of their
deceased mother. The interest of the said R.L. Andrews under the
provisions of this item of my will, my said Executor shall apply toward
discharging the indebtedness of the said R.L. Andrews to me and to such debts
as my estate may be liable for on his account.

Item 4. My said Executor is hereby empowered and authorized to sell,
without any order of any Court, in his discretion, the bank stock owned
by me in the Bank of Taliaferro, Crawfordville, Ga. Should my said
Executor see fit to sell said bank stock, the proceeds from the sale of
same shall be subject to the provisions of items 1, 2 and 3, of this will
and disposed of as therein provided.

Item 5. My said Executor is also hereby empowered and authorized to
sell, without any order of Court, my interest in any mercantile business
in which I may be interested at the time of my death, the proceeds of
such sale, as well as the sale of any notes and accounts in which I may
be jointly interested with others, which notes and accounts my Executor
is likewise authorized to dispose of without any order of Court, in
his discretion, shall also be subject to the provisions of said items 1,
2, and 3 of this will and disposed of accordingly.

Item 6. It is my will and desire that the remainder of my estate, both
real and personal, remain intact and be kept together as long as my
beloved wife, Laura Andrews, and my daughter, Gordon Andrews, or either
of them, shall live, or until my said daughter, Gordon Andrews, shall
marry, should she marry after the death of my said wife, or until the
marriage of my said wife, should she marry after the death of my said
daughter.

Item 7. It is my will and desire, and I hereby bequeath to them, that
my wife, Laura Andrews, and said daughter Gordon Andrews, have the use
and occupancy, or income from same, of the home in Crawfordville, where
I now reside, free of all rent, taxes, repairs and insurance, my said
Executor to keep said home insured for at least $1000.00 and the
household goods for at least $500.00 during their natural lives, or until the
marriage of said Gordon Andrews, should she marry after the death of
my said wife, or until the marriage of my said wife, should she marry
after the death of said Gordon Andrews.

Item 8. Out of the income from my estate I will and bequeath to my
said wife the sum of $275.00 annually, so long as she shall live, or until
she may marry again, and to my said daughter, Gordon Andrews, the sum
of $275.00 annually, during her life or until she shall marry. In
addition to said sums annually, should my said wife and daughter, Gordon,
or either of them, before marriage, have any sickness requiring unusual
or extraordinary expense for medicine or medical attention, such
expense shall be borne by the income from my estate before there shall be any
division of such income any year. The foregoing provisions in this
will for my said wife are intended and shall be in lieu of a years
support and dower, or years support or dower out of my estate.

Item 9. It is my will and desire that the balance of the income from
my estate shall be equally divided each year by said Executor among my
other children, W.C. Andrews, R.L. Andrews, Mrs. Roxie Callahan, and my
two grandchildren, Glenn Taylor and Robert Taylor, or their children,
should any one or more die leaving children, said grandchildren, Glenn
Taylor and Robert Taylor, and the children of any deceased child, taking
per stirpes and not per capita. And should my said wife, or my said
daughter, Gordon, marry, she shall participate in the division of the
said income from my estate in lieu of the provisions made for them in the
foregoing items of this will, each taking a child’s part with the
other children and grandchildren as provided in this item. The portion of
such income from my estate falling to the said R.L. Andrews, shall be
applied by my said Executor to the debts of the said R.L. Andrews, until
such indebtedness to me and my estate shall have been fully paid.

Item 10. Upon the death of my said wife, Laura, and daughter, Gordon,
or upon the marriage of either of them after the death of the other, my
entire estate then remaining shall be divided equally in kind among my
children, or grandchildren, as the case may be, per stirpes. Should
the said R.L. Andrews at any time voluntarily encumber the interest or
property coming to him under the provisions of this item of this will,
or should such property or interest of the said R.L. Andrews be levied
on or seized in any way by any creditors of the said R.L. Andrews, such
interest and property shall at once, in either event, become the
property and interest of the children, or grandchildren, as the case may be,
taking per stirpes, of the said R.L. Andrews and not subject to any
debts of the said R.L. Andrews, except as above provided.

Item 11. Upon the death of any one, or more, of my said children, or
of my said grandchildren, Glenn Taylor and Robert Taylor, leaving no
child or children, the interest of such deceased child or children, or of
such grandchildren, Glenn Taylor and Robert Taylor, shall revert back
and become a part of my estate and be divided as herein provided among
those remaining, or their children, as the case may be, the children and
grandchildren taking per stirpes and not per capita.

Item 12. I hereby nominate and appoint my son, W.C. Andrews, my
Executor under this will, and in addition to the authority above given him
under this will I hereby [word missing] him to sell any live stock I may
have at the time of my death without the order of any Court, and hereby
relieve him of the duty of having my estate appraised.

In testimony whereof, I have hereunto set my hand, this the 3rd day of
November, 1913.
All interlineations herein made before signing.
/s/ John V. Andrews.

Signed and published by John V. Andrews, as his last will and
testament, in the presence of the undersigned, who subscribe our names hereto as
witnesses at the instance and request of said testator, and in his
presence, and in the presence of each other.
This the 3rd day of November, 1913.
W. O. Lunsford
Jos. A. Rhodes
M. R. Saggus.

[Codicil]
Georgia, Taliaferro County.
I, John V. Andrews, of said State and County, being of sound and
disposing mind and memory, do make this codicil to my last will and testament
heretofore made by me, to wit: On the 3rd day of November, 1913, said
will being attested by W.O. Lunsford, Jos. A. Rhodes and M. R. Saggus,
so as to change the provisions of said will in the following
particulars:
I wish to change item 6 of said will by striking from said item all
the words in same following the words “shall live”, so that said item
shall read as follows: “Item 6. It is my will and desire that the
remainder of my estate, both real and personal, remain intact and be kept
together so long as my beloved wife, Laura Andrews, and my said daughter,
Gordon Andrews, or either of them, shall live”.
I wish Item 10 so changed in said will, and I hereby make such change
in same, that the words “or upon the marriage of either of them after
the death of the other” shall be stricken from said item, so that the
division in kind therein provided for will not be made till the death of
both my said wife and daughter, Gordon.
I wish to change, and I hereby make said change, Item 12 of said will
by nominating and appointing my friend, Hawes Cloud, as Executor with
my said son, W.C. Andrews, already named in said item, hereby
authorizing my said Executors, W.C. Andrews and Hawes Cloud, to use their
discretion in all matters necessary to carry out the provisions and intention
of this will above referred to being authorized to sell at public or
private sale without order of Court, being my last will and testament
with the changes above made. It is not my intention that the commissions
as Executor compensate said Cloud for any legal services he may render
my estate.
In testimony whereof, I have hereunto set my hand, this the 28th day of
March, 1914.
The above interlineations made before signing.
/s/ John V. Andrews.

Signed and published by John V. Andrews, as a codicil to his last will
and testament, in the presence of the undersigned, who subscribe our
names hereto as witnesses at the instance and request of said testator,
and in his presence, and in the presence of each other.
This March 28, 1914.
U.S. Gunn
Jos. A. Rhodes
W. J. Sturdivant

[Codicil]
Georgia, Taliaferro County.
I John V. Andrews of said State and County, being of sound and
disposing mind and memory, do make this codicil to my last will and testament
heretofore made by me, to wit: on the 3rd day of November, 1913, and
codicil to same made by me March 28th 1914, to change the same in the
following particulars:

Whereas my son W.C. Andrews, named as one of my Executors under said
will and codicil, departed this life on the 25th day of May, 1914, I
hereby nominate and appoint my son-in-law, J.H. Callahan, as Executor in
his stead as co-executor with the said Hawes Cloud, also named in the
codicil above referred to.
In testimony whereof, I have hereunto set my hand this the 10th day of
June, 1914.
/s/ John V. Andrews.

Signed and published by John V. Andrews, as a codicil to his last will
and testament, and codicil to same, in the presence of the undersigned,
who subscribe our names hereto as witnesses at the instance and
request of said testator, and in his presence and in the presence of each
other.
This June 10, 1914
U.S. Gunn
William J. Sturdivant
Jos. A. Rhodes.

Georgia, Taliaferro County
Before me personally appeared W.O. Lunceford, Jos. A. Rhodes and M.R.
Saggus, named as witnesses to the within writing purporting to be the
last will and testament of John V. Andrews, who being duly sworn, each
deposes and says that he with the other witnesses named above, did on the
3rd day of November 1913, attest as witnesses the within writing, in
the presence of said John V. Andrews, who in their presence voluntarily
signed and published the same as his last will, the undersigned
witnesses attesting said will in the presence of said John V. Andrews and in
the presence of each other, and that the said John V. Andrews was, at
the time of said attestation and signing, of sound and disposing mind and
memory.
M. R. Saggus
Jos. A. Rhodes
W.O. Lunsford
Sworn to and subscribed before me,
this Aug. 3, 1914. /s/ Ralph W. Golucke
Ralph W. Golucke, Clerk Superior Court
Taliaferro County, Ga.
Acting as Ordinary Pro Hac Vice.

Georgia, Taliaferro County.
Before me personally appeared U.S. Gunn, Jos. A. Rhodes and W.J.
Sturdivant, named as witnesses to the within writing, same being a codicil to
the will of John V. Andrews, late of said County, decd., who being
duly sworn each deposes and says that he with the other witnesses named
above, did on the 28th day of March, 1914, attest as witnesses the within
writing, in the presence of each other and in the presence of said
John V. Andrews, who in their presence voluntarily signed and published
the same as a codicil to this last will and testament, and that the said
John V. Andrews was, at the time of said attestation and signing of
sound and disposing mind and memory.
U.S. Gunn
W.J. Sturdivant
Jos. A. Rhodes
Sworn to and subscribed before me,
this Aug. 3, 1914
/s/ Ralph W. Golucke
Ralph W. Golucke, Clerk Superior Court
Taliaferro County, Ga.
Acting as Ordinary Pro Hac Vice.

Georgia, Taliaferro County.
Before me personally appeared U.S. Gunn, W.J. Sturdivant and Jos. A.
Rhodes, named as witnesses to the within writing, same being a codicil to
the will of John V. Andrews, late of said County, decd., who being
duly sworn each deposes and says that he with the other
witnesses above named did on the 10th day of June, 1914, attest as
witnesses the within writing, in the presence of each other and in the
presence of said John V. Andrews, who in their presence voluntarily signed
and published the same as a codicil to his last will and testament, and
that said John V. Andrews was at the time of said attestation and
signing of sound and disposing mind and memory.
U.S. Gunn
W.J. Sturdivant
Jos. A. Rhodes
Sworn to and subscribed before me,
this Aug. 3, 1914.
/s/ Ralph W. Golucke
Clerk Superior Court
Taliaferro County, Ga.,
Acting as Ordinary Pro Hac Vice.

The above and foregoing will of John V. Andrews admitted to probate in
solemn form and admitted to record.
In open Court,
This 3rd day of August, 1914.
/s/ Ralph W. Golucke, Clerk
Clerk Superior Court
Taliaferro County, Ga.,
Acting as Ordinary Pro Hac Vice.

Georgia, Taliaferro County.
We and each of us do solemnly swear that this writing with the two
codicils filed herewith contains the true last will of the within named
Jno. V. Andrews, deceased, so far as we know or believe, and that we will
well and truly execute same in accordance with the laws of the State.
So help us God.
J.H. Callahan
Hawes Cloud
Sworn to and subscribed before
me this August 3rd, 1914.
/s/ M.Z. Andrews
Ordinary, Taliaferro Co., Ga.

State of Georgia, Taliaferro County.
To whom it may concern:
Whereas, at a regular term of the Court of Ordinary for said County, on
the 3rd day of August, 1914, the last will and testament of John V.
Andrews, late of said County, deceased, was duly proved and admitted to
record, and it was ordered that letters testamentary issue to J.H.
Callahan and Hawes Cloud, the Executors named in said will, upon their
taking the oath of office. Now therefore, the said J.H. Callahan and Hawes
Cloud, having taken said oath, are by these presents authorized and
empowered to act as Executors of said will, and to administer all and
singular the goods and chattels, rights and credits, lands and tenements of
said deceased according to said will and the laws of said State.

Given under my hand and official seal,
This August 3rd 1914.
/s/ M.Z. Andrews
Ordinary and Exoff. Clerk of Court of
Ordinary, Taliaferro County, Georgia


 

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