Greens of Floyd Co., GA  

Legal Will of Melvin Cyrenious Green
Floyd County, GA - Record of Wills
Volume G - Aug. 1922?-April 1942
(should have been Aug 1932 - Apr 1942, book was apparently labeled wrong)

p. 4
No. 2.
STATE OF GEORGIA,                             Last Will and Testament of M. C. Green:
COUNTY OF FLOYD.
 I, M. C. Green, of said State and County, being of sound and disposing mind and memory, do make, declare and publish this my last Will and Testament.
 ITEM I:  It is my will that all my just debts be paid as soon as possible after my death.
 ITEM II:  I desire that my body be buried in a christian like manner, suitable to my condition and station in life.
 ITEM III:  I will, bequeath and devise, all my property, both real and personal, to my beloved, Jennie Rebecca Green, for and during her natural life, and after the death of my said wife, I will that my property be sold and equally divided between my children living to-wit: Mrs. Bessie G. Boggs, Floyce G. Wilson, H. C. Green and M. O. Green, all of Floyd County, Georgia, and Vivian Wilson Landers and Gordon Wilson, children of my deceased daughter Lillie Green Wilson, they to take the part of their deceased parent per stirpes.
 ITEM IV: In any event it is my desire that my beloved wife should be provided during her life, and should it become necessary for her support and maintenance, I desire that my Executors hereinafter named sell my property they deem necessary for that purpose, they to sell at either public or private sale, without the order of any court. 
 ITEM V:  I nominate and appoint my two sons, H. C. Green and M. O. Green, Executors, of this my last will and testament, relieving them of making bond or returns to any court, and at the final distribution of my estate, after the death of my said wife, my said executors are granted leave to sell my property at either public or private sale, as they may deem best, without the order of any court.
 IN WITNESS WHEREOF, I hereto set my hand and seal, this the 28th day of Jany, 1931. 
                                                                                     M. C. Green (L S)

 Signed, sealed, declared and published by M. C. Green, as his last will and testament, in the presence of the undersigned, who subscribe their names as witnesses, at the instance and request of said testator, and in his presence, and in the presence of each other. This 28th day of Jany 1931.

                                                                                    S. L. Graham
                                                                                    F. L. Samons
                                                                                    Andrew J. Cothran
p. 5
Filed in office July 7th, 1932.                                       Harry Johnson, Ordinary

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OATH OF EXECUTORS

GEORGIA, FLOYD COUNTY.
    We, H. C. Green and M. O. Green, do solemnly swear that this writing contains the true last Will of the within named M. C. Green, 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 me God.
Sworn to and subscribed before me this 
1st day of August, 1932.                                                H. C. Green
Harry Johnson, Ordinary.                                              M. O. Green

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H. C. Green, M. O. Green
Executors of                               LETTERS
M. C. Green, Deceased.
GEORGIA, FLOYD COUNTY
BY THE HONORABLE THE ORDINARY OF SAID COURT
TO ALL TO WHOM THESE PRESENTS SHALL COME OR BE MADE KNOWN--GREETING:
    KNOW YE, That on the 1st day of August in the year of our Lord One Thousand Nine Hundred and Thirty Two, the last Will and Testament of M. C. Green, of said County, deceased, was exhibited in open Court, and in solemn form of law, proved and admitted to record, a copy of which is hereunto annexed; and administration of all and singular the goods, chattels, credits, lands and tenements of said deceased, was granted to H. C. Green and M. O. Green the Executors in and by said Will named and appointed they having first taken the oath and performed all other requisites required by law they are by order of said Court, and by virtue of these presents, legally authorized to administer the goods, chattels, credits, lands and tenements of said deceased, according to the tenor and effect of said Will and Testament, and according to law until their administration is fully completed.
 In Witness Whereof, I have hereunto set my hand and affixed the seal of my office, this 1st day of August, 1932.
                                                                                 Harry Johnson, Ordinary.

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Recorded August 15, 1932                                          Harry Johnson, Ordinary.

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Floyd County, GA Court of Ordinary - Minutes
Volume 5 - Aug. 1930-Aug. 1932

p. 585 - MINUTES August Term, 1932, FLOYD COURT OF ORDINARY
No. 558.

PETITION TO PROBATE WILL IN SOLEMN FORM

GEORGIA, FLOYD COUNTY:

TO THE COURT OF ORDINARY OF SAID COUNTY:

 The Petition of H. C. Green and M. O. Green, residents of said State, showing that on the 3rd day of July, 1932 M. C. Green, late of said County, departed this life, after having made and published his last Will and Testament, in which he named your petitioners as Executors. Petitioner shows that the following named persons are the heirs at law of said deceased, to-wit: Mrs. Jennie Rebecca Green, Mrs. Bessie G. Boggs, Mrs. Floyce G. Wilson, H. C. Green of Armuchee, Georgia Rt. #1, said County, and M. O. Green, of Calhoun, Gordon County, Georgia; And Vivian Wilson Landers and Gordon Wilson, children of Lillie Green Wilson deceased, resiging (sic) in Armuchee, Ga. Rt. 1--Said heirs reside as above set forth, and are all sui juris except Vivian Wilson Landers and Gordon Wilson, minors.
 Petitioners asks that Guardian ad litem be appointed to represent the interests of said minors.
 Petitioners produces said Will in Court and prays that it be proven in solemn form, and to this end they pray that said above named heirs at law be cited to appear at the next term of the Court of Ordinary for said County, to be held on the first Monday in August, next, to show cause, if any exists, why said Will should not be proven in Solemn Form and entered at record as the last Will and Testament of said deceased, and that letters testamentary issue to petitioners in terms of the law.
This 7th day of July, 1932.                                           H. C. Green      PETITIONERS.
                                                                                   M. O. Green

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Filed in office July 7th, 1932.                                      Harry Johnson, Ordinary.

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FLOYD COURT OF ORDINARY.   JULY 7th, 1932.
 It appearing to the Court in the matter of the Petition of H. C. Green and M. O. Green for Probate in solemn form of the last Will and Testament of M. C. Green, deceased, that Vivian Wilson Landers and Gordon Wilson, minor heirs at law of said deceased, and there is not regular Guardian: It is therefore ordered by the Court that L. T. Rhinehart be, and is hereby appointed Guardian ad litem, to represent said Minors in this litigation.
 This 6th day of July, 1932.                                          Harry Johnson, Ordinary.

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p. 586 - MINUTES AUGUST TERM, 1932, FLOYD COURT OF ORDINARY

GEORGIA, FLOYD COUNTY.
 We, S. L. Graham, F. L. Sammons and Andrew J. Cothran do swear that we saw M. C. Green sign and publish the foregoing paper (or writing) as his last will and Testament; that we subscribed the same as Witnesses thereto, at the special instance and request of the said M. C. Green and in his presence, and in the presence of each other, he signing in our presence and we signing in his, and that said M. C. Green 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,                               S. L. Graham
this August 1st, 1932.                                                    F. L. Sammons
Harry Johnson                  Ordinary.                             Andrew J. Cothran

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FLOYD COURT OF ORDINARY:                                                 AUGUST TERM, 1932.
 Upon the hearing of the petition of H. C. Green and M. O. Green for the probate in solemn form of the paper propounded by them as the last will and testament of M. C. Green, late of said Floyd County, deceased, and for its admission to record as such: and it appearing that Mrs. Jennie Rebecca Green, Mrs. Bessie G. Boggs, Floyce G. Wilson, H. C. Green, M. O. Green, Vivian Wilson Landers and Gordon Wilson, the heirs at law of said deceased have had legal notice of said application and the time of hearing, as directed by an order for service heretofore granted, and have failed to show any legal and sufficient cause why said paper should not be proven and admitted to record as the last will and testament of said deceased: It is therefore ordered and adjudged upon the proof of said will by all the witnesses to said will, that the same be and is hereby established in solemn form as the last will and testament of M. C. Green, and that the same be admitted to record as such.  And it is further ordered that letters testamentary issue to the said H. C. and M. O. Green the executors named in said will, upon their taking the oath required by law.
This 1st day of August, 1932.                                         Harry Johnson, Ordinary.

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p. 587 - MINUTES August TERM, 1932, FLOYD COURT OF ORDINARY

GEORGIA, FLOYD COUNTY.
 Having been appointed Guardian ad litem, to represent Vivian Wilson Landers and Gordon Wilson, minors, in the matter of the probate of the last Will and Testament of M. C. Green, deceased, in said Court, I hereby accept said appoint, and I agree to represent said minors in said proceeding.  I waive all further service or notice.
This 9th day of July, 1932.                                            L. T. Rhinehart.

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ORDER OF SERVICE

FLOYD COURT OF ORDINARY                                         JULY TERM, 1932.

 Upon reading and considering the foregoing Petition, it is ordered that Mrs. Jennie Rebecca Green, Mrs. Bessie G. Boggs, Mrs. Floyce G. Wilson, H. C. Green, M. O. Green, Vivian Wilson Landers and Gordon Wilson appear before the Court of Ordinary to be held in and for said County on the first Monday in August, 1932, next, then and there to show cause, if any exists, why the paper offered for probate by the Petitioners, H. C. Green and M. O. Green, as the last Will and Testament of M. C. Green, late of said County, deceased, should not be proven in solemn form and admitted to record as the last Will and Testament of said deceased, and it is further ordered the said above named heirs at law, who are of age, be served personally with a copy of the within petition and this order unless service is acknowledged at least ten (10) days before the next August 1932 term of this Court.
This 7th day of July, 1932.                                              Harry Johnson, Ordinary.

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GEORGIA, FLOYD COUNTY.

 Due and legal service of the within petition and order to probate the last will and testament of M. C. Green, late of said County, deceased, is hereby acknowledged, copy and all and further service waived.
                                                                                      Jennie Rebecker Green
                                                                                      Bessie G. Boggs
                                                                                      Floyce G. Wilson
                                                                                      H. C. Green
                                                                                      M. O. Green

Georgia, Floyd County.
 I have this day served Vivian Wilson Landers, minor, in person with a copy of the within.
This 7th day of July, 1932.                                             O. L. Betts, Sheriff.

Georgia, Floyd County.
 I have this day served Gordon Wilson, minor, in person with a copy of the within.
This 7th day of July, 1932.                                             O. L. Betts, Sheriff.

Transcribed January 2002 by Melanie Capps.
Please request permission before using this information for anything beyond personal family genealogy.

Page created: Jan. 1, 2002