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
-----
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
-----
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.
-----
Recorded August 15, 1932
Harry Johnson, Ordinary.
- - - - - - - - -
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
*****
Filed in office July 7th, 1932.
Harry Johnson, Ordinary.
-----
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.
-----
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
-----
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.
- - - - - - - - -
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.
-----
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.
-----
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.
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