Hart County Wills & Probate

Adams, Moses F.
Chapman, Elijah
Cunningham, Franklin
Dunn, Lettie E.
Thornton, Rev. Benjamin Jr.

ADAMS, Moses F.
WILL: State of Georgia, Hart County 1910

I Moses F. Adams of Hart County and State of Georgia, do hereby make, publish and declair this my last will and testament, in manner and form as follows: 1st - I direct that all of my just debts and funeral expenses be paid as soon after my decease as conveniently can be done. 2nd - I give and bequeath all of my property consisting of real and personal to the children of James Dillard Adams,Bowman, Ga. to Martha Dyar of Hart County Georgia,Sallie Bobo of Alabama, to the children of Mary Cason formally of Hart County, Georgia, to John L. Adams of Oklahoma, to Lavonia Locke of Hart County, Georgia, to Moses F. Adams, Jr. of South Carolina, to Hellen Burden of Hart County, Georgia, to Geo. S. Adams of Hart County, Georgia, and W. J. Adams of Hart County, Georgia, to the children of Ida Shaw formerly of Hart County, Georgia, to be distributed per stirpes and not by per capita, to James Dillard Adams being still in life, Mary Cason and Ida Shaw being now dead, that is to say that the children of all deceased parties or children are to share the part that their deceased parents would have gotten and that the children of James D. Adams receive his entire share, and that the title vest directly in said children. 3rd - I also give to my daughter Hellen Burden and her husband, W. W. Burden the entire rent and profits, during my life time only, in the event they continue to support me, of all of my land south of the road leading from the old John E. Teasley place in Hart County to Pleasant Hill Church as full and complete compensation for their services in taking care of me and my wife. 4th - In event of my decease before that of my wife she is to have the rent now coming to my daughter Hellen Burden and W. W. Burden remainder of her life as her full portion of my estate. 5th - I nominate and appoint my three sons James Dillard Adams of Bowman, Ga, William J. Adams and Geo. S. Adams of Hart County, Ga my executor of this my last will and testament and in the event of the death of James Dillard Adams before mine I appoint in his stead to act with the other two Worley Adams of Royston, Ga and in the event of the death of either of the others, the two surviving shall act. 6th - My executors shall not be required to give bond. 7th - Should any of the beneficiaries of this my last will object to the probate thereof or in any way wise directly or indirectly contest or aid in contesting the same or any of the provisions thereof or the distribution of my estate then in that event I annull any beneficiaries herein made and it is my will that such beneficiaries shall be absolutely barred and cut off for part of my estate. In witness whereof I hereunto subscribe my name and affix my seal in the presence of L. J. Brown, Gordon Scarboro, and L. N. Whorton, whom I have requested to become attesting witnesses hereto. his M.F. x Adams mark The foregoing instrument was subscribed, sealed and declaired by Moses F. Adams,Sr. as and for his last will and testament in our presence and in the presence of each of us and we, at the time at his request, in his presence, and in the presence of each other, hereto subscribe our names as attesting witnesses this the 7th, day of October, 1910. L. J. Brown L. N. McWhorter Gordon Scarboro Recorded ___ 1912

Submitted by Chandler Eavenson


CHAPMAN, Elijah (6 Dec 1822 SC - 21 Nov 1893 Hartwell, Hart County)
WILL: COUNTY OF HART

In the name of God Amen. I, Elijah Chapman, of said State and County being of advanced age, but of sound mind and memory knowing that I must shortly depart this life, decree it right and proper both as respects my family and myself that I should make a disposition of the property with which a kind providence has blessed me. I do therefore make this my last will and testament hereby revoking and annulling all others heretofore made.
Item 1st. I desire and direct that my body be buried in a decent and Christian manner suitable to my circumstances and condition in life; my soul I trust shall return to rest with God who gave it as I hope for salvation through the merits and atonements of the blessed lord and savior Jesus Christ.
Item the second. I desire and direct that my just debts be paid without delay.
Item 3d. I give, bequeath and devise to my beloved wife, Matilda C. Chapman, for and during her natural life or widowhood one hundred and fifty acres of land being the place whereon I now live including all the improvements so as not to require the sale of the remainder of the lands. Also one half interest of my one half interest in the Heard Mill tact of land together with all the machinery and appurtenances then belonging being one fourth interest of said tract of land wherein John E. Chapman now lives in Elbert County, Georgia. Also, one sixth interest of the money notes and accounts I may be possessed of at my death, and all my personal property I may possess of at the time of my death; and I hereby authorize her to give off any of the same to my children that she may desire keeping an account of the same as to exchange any of the personal that may be of interest to my estate. At my wife's death, all of the property named in this item to be sold by my executors and the proceeds equally divided among my children, to wit: D.O. Chapman, J.E. Chapman, Mary Taylor, wife of J.C. Taylor, , Lucy V. Parker, wife of Edgar A. Parker, and the children of W.D. Chapman, deceased, making five distributive shares.
Item 4. The remainder of my property I desire and direct to be sold by my executors and the proceeds to be equally divided between my son D.O. Chapman and my son John E. Chapman and my daughter Mary Taylor, wife of J.C.Taylor, and my daughter, Lucy V.Parker, wife of Edgar A. Parker, and the children of my son W.D. Chapman, deceased making five distributive shares.
Item 5. I hereby constitute and appoint my son D.O. Chapman, and my son John E. Chapman, my executors of this my last will and testament this March 4, 1894 (sic).
his ELIJAH "x" CHAPMAN mark
Signed, sealed and declared by Elijah Chapman as his last will and testament in presence of us the witnesses who subscribed or names in the presence of each other and in the presence of testator and at his request this March 4, 1890(sic).
C.L. SCOTT JOHN PECK I. F. MYERS
GEORGIA HART COUNTY
I, John Peck, do swear that I, as well as C.L. Scott and I.F. Myers, saw the within paper signed by Elijah Chapman as his last will and testament that we subscribed our names as witnesses thereto at the special instance and request of the said Elijah Chapman and in his presence as did also C.L. Scott and I.F. Myers. The said Elijah Chapman signed the same freely and voluntarily and was at the time of such signing of sound and disposing mind and memory.
Sworn to and subscribed before me Dec 4th, 1894(3)?
S/ JOHN PECK F.C. STEPHENSON ordy (Ordinary?)
Georgia Hart County
I, D.O. Chapman and J.E. Chapman do swear that this writing contains the true last will and testament of the within named Elijah Chapman, deceased, so far as we know or believe, and that we will well and truly execute the same in accordance with the laws of this state, so help us God.
Sworn to and subscribed before me, Dec 4, 1893. D.O. CHAPMAN,
J.E. CHAPMAN
F. C. STEPHENSON ordy
Recorded January 20, 1894

Additional information about this story:
Description This is the last will and testament of Elijah Chapman as appears of record in the Probate Court records of Hart County, Georgia, along with the oath of office of the executors of his estate, D.O. Chapman and J.E. Chapman Date March 4, 1893,filed Dec.4, 1893 and recorded Jan 4, 1894 Location Hart County, Georgia


Submitted by Barry Chapman


CUNNINGHAM, Franklin
1856 WILL State of Georgia, Hart County

In the name of God Amen I Franklin Cunningham feeling the disolution of my mortal body fast approaching Do think proper to make this my last Will and testament and I do by these presents make, ordain constitute and appoint this to be my last Will and Testament (to wit) 1st I return my soul to God who gave and my body to the earth from whence it came to be buried in a plain Christian burrial at the Descretion of my Executors and surviving friends And as touching the worldly property wherwith it has pleased God to bless me I give bequeath and dispose of in the following form and manner (to wit) 1st Item I give to my wife Nancy Cunningham after my just Debts being paid all my property both real and personal to be and remain in her peceable possession for her support comfort and enjoyment during her natural life or widowhood and I authorise my Executors to act as superintendants in the case and management of the Estate as they in their discretion may think best for the well being and increase of the same from my decease to the death or intermarriage of my Wife Nancy Cunningham and at the expiration of her life or Widowhood then my Executors to expose to sale according to law in such cases made and provided the Whole Estate both real and personal a after taking five hundred Dollars of the amount of the Sale Which five hundred Dollars I give to my Son James S. Cunningham and my Son Fleming B. Cunningham to be equally divided between them The remaining amount of Said estate to be divided in to Eight equal Shears One Sheare to the Children of my Daughter Permealy F. Fleming deceased to be Equally divided between them One Shear to my Daughter Averrela Fleming and her Children One Shear to my Daughter Averline W. Smith One Shear to my Daughter Ann D. Fleming and children One Shear to my Son James S. Cunningham One Shear to my Son Fleming B.Cunningham One Shear to Sarah Smith my Daughter and her children and One Shear to my Daughter Nancy Elizabeth Cunningham and I appoint constitute authorise and ordain James S. Cunningham and Fleming B. Cunningham to be my legal lawful Executors to this my last Will and testament ratifying and confirming the same by these presents In testimony wherof I have herunto set my hand and affixed my Seal This the twenty eighth day of March Eighteen hundred and fifty six Signed in the presence of George Cauthern Franklin Cunningham (Seal) James E. Henderson Francis M. Cook "I addeth this article to this the component part of this my last Will and testament I give devise and dispose of the following articles to be raised out of my estate to wit Item 1st I Give to Daughter Nancy E. Cunningham One bed and furniture and painted bedsted with all the furniture that she is interested in One Cow and Calf, One Sow and pigs four chairs I give to John F. Fleming my nefew One horse Saddle and bridle to be worth Sixty five Dollars I give to Jane C. Fleming neese One bed and bed sted and furniture One Cow and Calf and Sow and pigs I give to Eliza B. N. Fleming One hundred Dollars to go into the hands of my Executors for Safe keeping I give to Samuel Fleming and Margaret Fleming Son and Daughter of David C. Fleming fifty Dollars apiece I certify the above to be a part of my last Will and testament In Witness Whereof I Set my hand and fix my Seal This May 28 1856 Signed in the presence of George Couthern Franklin Cunningham (Seal) James E. Henderson Francis M. Cook " "State of Georgia, Hart County Before me James Jones Ordinary of said County in Open Court personally came James S. Cunningham and Fleming B. Cunningham Executors of the last Will and testament of Franklin Cunningham late of Said County deceased and produced before me the last and testament of said Franklin Cunningham deceased and the Codicil of said Will annexed and the Witnesses of Said Will and Codicil to wit George Cauthern James E. Henderson and Francis M. Cook Which Witnesses being duly sworn depose and say that they Saw Franklin Cunningham the testator Sign Seal deliver and publish the instrument now presented as his last Will and testament and Codicil freely voluntarily and of his own account accord and without any compulsion or influence whatever that at the time of this Execution of the Said Will and Codicil Said testator was of sound and disposing mind and memory that deponents Signed Said Will and Codicil as Witnesses in the presence of the testator and at his Special instance and request and in the presence of each other Sworn to and Subscribed before me 3 Nov 1856 George Cauthern James E. Henderson Francis M. Cook"

Submitted by Chandler Eavenson


DUNN, Lettie E.
Hart County, Georgia Will Book B Page 260-261
Written: June 2, 1925
Recorded: June 2, 1925

I Lettie E. Dunn of said State and county being of sound mind and memory do make this my last will and testimony hereby revoking and annuulling all others by me heretofore made. 1st I desire and direct that my body be buried in a decent and christian like manner, suitable to my circumstances and conditions in life. 2nd I desire and direct that all my just debts be paid without unnecessary delay, by my executor hereafter named and appointed. 3rd I desire and direct that all my property remain as it is at my death, and I give my said husband for and during his natural life only all of said property of every nature in case he lives longer than me, and at his death, that is the death of my husband Henry D. Dunn. I direct that he be buried in a decent and christian like manner out of said estate, and after both the death of myself and that of my said husband Henry D. Dunn, I direct that all of my said property be sold as soon as suitable for the best interest of the estate, and this to be determined by my executor herein after named and appointed and the proceeds divided as follows. 4th I give, bequeth and devise to Elbert N. Duncan one Seventh interest in all of my estate, One Seventh interest in all of my estate to Anderson Duncan, One Seventh interest in all of my estate to Armon Cheek, One Seventh interest in all of my estate to Parris S. Duncan, One Seventh interest to Veal Duncan, One Seventh interest in all of my estate to Mollie Pruitt, and One Seventh interest to Mrs. Lou Booth and Freeman R. Dunn, jointly to be divided equally between them two. 5th I hereby consitute and appoint Elbert N. Duncan 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 bond, or making any returns to the Ordinary, and I expressly confer upon him the full authority and power to Sell all of my estate, at public or private Sale with or without notice, without any Order of Court, making good and sufficient titles to any purchases, and holding the proceeds of said Sale for the purpose of distribution as declared in the several items of this will. This June 2nd, 1925 L. E. Dunn Sighed Sealed, declared and published by Lettie E. Dunn as her last will and testament in the presence of us, the undersigned who Subcribe our names hereto in the presence of Said testator, after she had Signed her name thereto, and at her Special instance and request and in the presence of each other. This June 2nd, 1925.

George M. Parks J.P J.J. Rucker A.C. Scarboro


THORNTON, Rev. Benjamin Jr.
WILL: State of Georgia, Hart County 21 January 1870
Recorded: Hart County Will Book A, pages 307-309:

In the name of God Amen. I Benjamin Thornton of the State and County aforesaid being sound and disposing in mind and memory, thanks be to God for the same but knowing that all men has to die I have thought proper after mature reflection to make this my last will and testament, And I recommend my soul to God who gave it and my body to be decently buried and my worldly estate I disposed of in the following manner and form to wit. Item 1st I will that all my just debts be paid. Item 2nd I give unto L. J. Thornton my beloved wife all my estate both personal and real debts and money during her natural life to use and if she thinks necessary to sell any portion of said estate and reinvest the same in any property she thinks necessary and I give her the right to sell or use any portion of said estate for her support and that she will not be held bound to account to any of my heirs for the use of said property as executor or in any other manner whatever and at the death of my wife said property is to be equally divided between my children living and the children of those that are dead share and share a like. Item 3rd I do hereby nominate ordane and appoint my beloved wife L. J. Thornton my executrix to execute this my last will and testament hereby revoking all former wills by me made. In testimony whereof I have set my hand and seal in presence of these witnesses whom I requested to sign this will as witnesses this Jany 21st 1870. Signed Sealed and acknowledged in presence of interlined before signed. J. H. Shelton J. B. Benson Benjamin Thornton (LS) Charlie Webb "Hart Court of Ordinary, May term 1878 Personally appeared J. H. Shelton, J. B. Benson and C. A. Webb before the undersigned and being duly sworn says that they saw Benjamin Thornton sign the foregoing will that at the time of signing the same the said Benjamin Thornton published and declared it to be his last will and testament that deponents together whose names are subscribed thereto in the presence and at the request of said testator at the date thereof that testator at the time of signing the same was in opinion of deponants of sound and disposing mind and that we signed the same in the presence of each other at the date thereof. Sworn and Subscribed John H. Shelton before me May 6th 1878 John B. Benson F. C. Stephenson C. A. Webb Ordinary" "Georgia, Hart County" I do solemnly swear that this writing contains the true last will and testament of the within named Benjamin Thornton deceased so far as I know or believe and that I will well and truly execute the same in accordance with the laws of this State So help me God.
Sworn and Subscribed before me May 6, 1878 Louisa J. Thornton F. C. Stephenson, Ordinary Recorded May 6th 1878, F. C. Stephenson, Ordy."

Submitted by Chandler Eavenson


Back to Hart County Home Page

gagenweb logo
Compilation Copyright 1997 - Present by The GAGenWeb Project Team

This page was last updated on -10/26/2013