Will of James A. R. Kennedy
Hancock County, Georgia
February 28, 1880
Copy of transcribed will provided by Katherine Bray ([email protected])
STATE OF GEORGIA
HANCOCK COUNTY
In the name of God, Amen. I, James A. R. Kennedy of said county and state being of a sound and disposing mind and memory but advanced in years for the purpose of disposing of my estate in a manner which I decree just and proper do make, publish and declare this __________ to be my only true last will and testament, hereby revoking all former wills by me made. The pages being designated by the numbers 1, 2, 3, 4, 5, 6, 7.
Item 1st, I direct all my just debts, if any, at my death paid - at present I owe nothing and that my body be decently buried.
Item 2nd, I have had a survey and map made of all my lands which is subdivided into eight divisions. I have also made a map of each tract hereinafter bequeathed by this my will which may aid in the execution of it and prevent any misunderstanding about my lands, all of which lie in this county.
Item 3rd, I give, bequeath and devise to Malcolm Arnold of said county and state in trust to and for the sale and separate use of my daughter, J. Ellen Arnold, wife of Roscoe Arnold for and during her natural life subject to conditions hereinafter expressed free clear and exempt from the control and liabilities of her present or any future husbands , all that lot of land designed as Col. ______ and in the division of my lands above referred to containing about two hundred twenty six acres and at her death to her child or children and the representative or representative of a deceased child or children such representative taking her strife. Should my daughter die leaving no child or representative of a deceased child surviving her then said land shall to go her surviving sister and the representative or representatives of a deceased sister. Should my daughter die leaving a child or children or representatives of a deceased child, said trustee shall hold said lad in trust for them until they or either of them attain majority in the mean time, applying the rents and profits to their support and education. In connection with and as part and parcel of the bequest to my said daughter, I expressly declare it to be my intention that she shall not either alone or coupled with any other person whomsoever, contract any debt for which said land shall be ______ shall she or any other person for her mortgage or sell said land or any interest in the same with or without the consent of ay court in this state in the court she or any person for her shall attempt to do so, her life estate in said land shall then cease and determine and said land shall go as if she were dead as above expressed. I do further more make this further condition in reference to her enjoyment of said land should the parents or sister of her present husband live on said land or directly or indirectly _____ any benefit or cultivate any part of said land this I do hereby declare that the bequest shall be revoked and I give said land in that event to my son Albert Sidney John Kennedy, subject to all the terms named in the bequests by this will to my sons.
The trustee of my daughter may if he sees the necessity for so doing sell annually not exceeding two hundred dollars worth of timber from the land and invest the proceeds in property needed by my daughter and her children, but he shall not sell or mortgage the land. In the event of the death of the trustee appointed by me, the Judge of the Superior Court may appoint his successor to carry out this ____ of my will. I intend the land given to my daughter to be a permanent home for her and her children for their exclusive benefit. When she violates the conditions accompanying the bequest.
Item 4. I give bequeath and devise to my son Albert S. J. Kennedy, the lot of land being noted as number (2) two in the division of my lands over referred to containing two hundred and thirty one acres more or less upon the express condition that while he may enjoy the rents issues and profits thereof at my death, yet the title to the land shall be and remain in my executor and my executrix until he is thirty five years of age then said title shall vest absolutely in him. In case of his death said land shall go to his wife or child or representatives of a deceased child said land shall go to his surviving brothers and the representatives of a deceased brother. The division of my lands under this will in every inclusion shall be in hand.
Item 5th. I give bequeath and devise to my beloved wife, Elmira A. Kennedy during her natural life or widowhood the lot of land known in this division of any lands above referred to as number (3) three and on her marriage or decease I give said lot of land to my son Robert L. Kennedy, subject to the same restrictions conditions and limitations in every respect as are expressed in the bequeath to my son Albert S. J. Kennedy. I do hereby charge this land bequeathed by this item o my will with the support and education of my son Robert and expressly forbid its sale as I intend it as a home for my wife and said child. I also give and bequeath to my said wife all my personal property of every kind whatever including my household and kitchen furniture, farming implements, stock of all kinds and all produce on hand at my death leaving it in her discretion if she desire to do so to give to her children as they come of age each portion as she can conveniently spare. I make this request to my wife in lieu of domain homestead and redemption of ____requests to my children are more upon like condition.
Item 6th. I give bequeath and devise to Malcolm Arnold in trust for the sole and separate use of my daughter Kitty Emma Kennedy free from the marital _____ of any husband she may have lot of land number (4) four in the division of my land hereintofore referred to containing about two hundred and eighty acres for and during her life and at her death to her child or children or representatives of child of children as before mentioned; if none, then to her surviving sisters and the representatives of a deceased sister. This bequest to my daughter Kittie Emma Kennedy is made with every condition attaching to it that I have expressed in the bequest herein made to my daughter, J. Ellen Arnold as to appointment of trustee by the Judge of the superior Court in case of the death of her trustee and as to the right of trustee to dispose of timber on this land.
Item 7th. I give bequeath and devise to Malcolm Arnold in trust for my daughter Lora Kennedy for and during her life and then to her child or children and the representatives of a deceased child in every particular as in the bequest to my daughter Kittie Emma Kennedy the lot of land in my afore mentioned division o land known as number (5) five containing two hundred and twenty six acres more or less.
Item 8th. I give bequeath and devise to my son James B. Kennedy the lot of land known in the aforesaid division of my lands as lot number (6) six containing two hundred and twenty four acres more or less the title to said land to be held and his to use and enjoy the rents, issues and profits as I have provided in the bequest to my son Albert A. J. Kennedy in every particular as if here repeated.
Item 9th. I give bequeath and devise to Malcolm Arnold in trust in every respect as I have herein before expressed in the bequest to my other daughter for the sole and separate use of my daughter Willie Antoinette Kennedy for her lifetime and then to her child or children and the representative of deceased children precisely as in the gifts to my other daughters the lot of land in my afore said division of my lands known as lost number (7) seven containing two hundred acres more or less.
Item 10th. The eight division of my lands is known as the Poplar Hill Place containing above two hundred and eighty six acres. I desire this land rented and that the rents shall be applied to the education of my four youngest children, first and the balance of said rents to be used in the support of each of my children remaining at home with their mother. If there rents with the other means on hand at my death ____ insufficient for the purposes named in this item, then my executor and executrix may sell the Poplar Hill Place first giving notice by advertising the same thirty days in different parts of the county without an order of court to do so.
Item 11th. I contemplate the sale of some forty five acres of land which I have given to my daughter Lora Kennedy if I do so, I shall apply the proceeds to her education and this sale or the sale of nay ot eh lands by me during my lifetime bequeathed by this will shall not in any manner affect the will.
Item 12th. I nominate Malcolm Arnold, Executor and my wife Elmia A. Kennedy executrix of my will and I direct them to consult with C. W. DuBose attorney at law when necessary in the execution of my will. All erasure in my will made before signing.
In witness whereof I have hereunto set my hand and seal this 28th day of February 1880.
Signed sealed published and declared by the testator in our presence to be his last will and testament who in his presence and in the presence of each other have hereto subscribed our names as witnesses:
J. A. R. Kennedy (seal)
1. L. Pierce
2. W. A. Buckner
3. W. F. Little
A paper ________ to be the last will and testament of J. A. R. Kennedy having been produced in open court by Malcolm Arnold the executor named there and offered for probate in common form of law and in due and legal execution of said Kennedy as his last will and testament having been shown by the testimony of L. Pierce one of the subscribing witnesses thereto, and the county of the testator at the time of the execution of said paper and the free and voluntary execution of the same having been shown by this testimony of the same that said papers so offered is duly _______ in common form as the last will and testament of said deceased and that as such it be admitted to record.