Will of John Henry Fry 16 Jul 1908 Fulton County, GA Contributed by: Beth Collins Email: Copyright. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm County of Fulton I John Henry Fry, of said State and County, being of sound and disposing mind and memory, do make, declare and publish this my last will and testament, hereby revoking all others heretofore made. Item First I desire that my body shall receive respectable and decent burial; and hope that my soul shall, through the mercies of the Lord Jesus Christ, return unto God who gave it. Item Second I desire that all of my just debts shall be paid by my Executrix, hereinafter named, as soon after my decease as possible. Item Third I desire and nominate to be my sole executrix by beloved wife, Mollie E. Fry; and desire that she continue to act as such so long as she remains a widow. If after my death she [sees] fit to marry, I desire that she continue as Executrix, as hereinafter set forth, and to act in said capacity with equal power of office with my son, W. H. Fry, and my daughter, Bessie Fry Smith. Item Fourth I desire that all of my property, real and personal, with which a kind providence has blessed me, shall be taken by said Executrix and managed and controlled and disposed of in the following manner, to-wit: I give her, my said Executrix, full and complete charge and control of all of my said property, to manage the same in as complete and full a manner as I might do, if living. This being a peculiar trust and confidence reposed in her, as aforesaid, I desire that she be relieved of making bond and returns to any Court whatsoever. I give her full and complete power and authority to sell, in fee simple, at public or private sale, as she may deem best, any or all of my said property, to convey the same, and to invest the proceeds thereof in other of different property as she may think best; or to sell and convey, as aforesaid, any part of said property whenever it may be deemed necessary to provide additional funds for her own support and the support and education of my children, as hereinafter set forth. Item Fifth I desire that each and all of my said children who shall not have already obtained such prior to my death, be given a good education, if he or she may desire to take advantage of the same, the cost or which to be defrayed out of my estate. Item Sixth I further desire that in the event any of my said children should marry, after my death, my Executrix shall give off and set apart to the sole and separate use and ownership of such child or children such amount of money or property as she may deem wise, charging said children with such advancement. Item Seventh The provision herein made for my said wife I desire to be in lieu of her whole dower. Item Eighth I further desire that in the event of the intermarriage of my said wife the above estate, and the aforesaid management and control of the same, shall immediately terminate; that at the happening of such event my said son, W. H. Fry and my said daughter, Bessie Fry Smith, shall become Executors, for which and as which I hereby nominate them, equal in power and authority with my said wife in the further management and control of my estate; that all of my said property, both real and personal, shall immediately, thereupon, be divided between my said wife and my said children then in life, in equal shares, share and share alike. This division may be made in kind, or the property be reduced to money and that distributed, as my Executors may deem best. If any of my said children shall at that time be in minority I desire that their part of said distribution shall vest in my said wife and my said son W. H. Fry and my said daughter, Bessie Fry Smith, as Executors aforesaid, and as their guardian for the remainder of the minority of said minors and be managed and controlled for their use and benefit. In the event that any child or children shall have died subsequently to my death and prior to said distribution, leaving any heir or heirs of body, I desire that such heir or heirs of body shall stand in the place and stead of their deceased parent, and receive the parent's share, but per stirpes. If any heir or heirs of body of any deceased child or children of mine shall be in minority at the time of such distribution I desire that the part of said distribution going to said minor or minors shall vest in the surviving parent of said minor or minors, respectively, as their guardian during the remainder of their minority and be managed and controlled by him or her for the benefit of such minor or minors. And I so nominate said surviving parent and vest him or her with full and complete power and authority to manage said minor's part of said distribution, as he or she may deem best, without being required to make bond or returns to any Court whatsoever. If both the parents of any of the minor heirs of body of a deceased child or children of mine should die I hereby nominate my son W. H. Fry as their guardian of such minor heir or heirs of body during the remainder of their minority, with the same powers and authority and restrictions as were above provided for if there were a parent surviving. If any of said Executors should die pending this administration, I desire that the survivor or survivors shall carry out the provisions and execute the powers above enumerated. I further desire that in making said division if any of my children, not having previously received such, wish to take advantage of an education, my Executors shall set apart a sufficient amount of money or property for said purpose, which money or property I desire not to be deemed as an advancement, but as a special and superior legacy to said child or children for the purposes enumerated. Item Nineth And upon the happening of another event, to-wit: the death of my said wife, I desire that my said surviving Executors, which I now nominate, in that case to be, my son W. H. Fry and my daughter, Bessie Fry Smith, distribute my estate as set forth in item eighth above; and the same appointment as to guardian for minors to apply here; and the same relief from bond and returns is hereby given. The only difference I intend between this item and item eight is that my said wife, on account of her death, shall be eliminated herefrom. The above consisting of nine items and written on three pages of legal paper is my last will and testament. This the 16th day of July 1907 John Henry Fry Signed, declared and published by John Henry Fry as his last will and testament in the presence of us, the subscribers, who subscribe our names in the presence of said testator (at his instance and request) and of each other, he signing in our presence, and we signing in his presence and in the presence of each one of us. ? C. Hendrix T. C. Wesley Geo. B. Rush