Copyright USGenNet Inc., 2013, All Rights Reserved U.S. Data Repository Please read U.S. Data Repository Copyright Statement on this page: Wills 1826-1922 – Georgia Court of Ordinary (Taliaferro County) LDS Film No. 220541 Taliaferro County, Georgia Will Bk. B, Pages 44-47 Transcribed and submitted by Rhoda Taylor Fone for the US Data Repository http://www.us-data.org/ ========================================================================= U.S. Data Repository NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization. Non-commercial organizations desiring to use this material must obtain the consent of the transcriber prior to use. Individuals desiring to use this material in their own research may do so. ========================================================================= Formatted by U.S. Data Repository Chief Archivist, Linda Talbott All of the above information must remain when copied or downloaded. ========================================================================= WILL OF ELIZA EVANS Dated: June 8, 1870 Proved: August 1, 1870 Georgia Taliaferro County In the name of God Amen – I ELIZA M. EVANS of the state of Georgia and County of Taliaferro being of sound mind and disposing memory, do make declare and publish this my last will and testament, hereby revoking and annulling all other wills made by me. Item 1st. It is my will and desire that all my just debts shall first be paid out of my Estate; Item 2nd. After the payment of all my just debts, I will and bequeath all the balance and residue of the property I may die possessed of or that may be coming to me from the Estate of MY DECEASED HUSBAND JOHN EVANS SHALL BE EQUALLY DIVIDED AMONG MY FOUR CHILDREN TO WIT: WALTER A. OVERTON, JOHN T. OVERTON, HESTER A. COLCHLOUGH [sic} AND SUSAN J. WALKER, share and share alike and it is further my will and desire that in the distribution of my Estate that my son John T. Overton, and my daughter Hester A. Colchlough, shall take and have my plantation whereon I now live at and for the sum of Fifteen Hundred dollars which said plantation I wish to be equally divided between the said John T. Overton and Hester A. Colchlough share and share alike. All the property herein willed my said daughter Hester A. Colchlough I will to her for and during her natural life only and at her death it is my will that all the property herein willed to her shall go to and be equally divided among all her children living at that time, and the representatives of such of her children as may be dead at that time, leaving representatives – said representatives taking by representation. Item 3rd. I nominate and appoint my son John T. Overton Executor to this my last will & testament and I authorize and empower him to sell and dispose of any of my property that he may find necessary to sell in order to make a settlement and distribution of my Estate either at private or public sale as he may think best. In testimony whereof I the said Eliza M. Evans have hereto set my hand and seal this the 8th day of June 1870. Eliza M. Evans [Seal] Signed, sealed, declared, and published by the above named Eliza M. Evans as her last will and testament in our presence as Witnesses thereto at her request; and we signed the same in the presence of the testatrix and in the presence of each other this June 8th 1870. George F. Bristow James W. Asbury George W. Mitchell Court of Ordinary for Taliaferro County August Term 1870 In open Court comes George F. Bristow and George W. Mitchell at this term of the Court and being duly sworn deposes and says that they saw Eliza M. Evans sign and publish the foregoing as her last will and testament while of sound mind and disposing memory, that they witnessed the same for her, at her rquest, and in her presence, and in the presence of each other; and that the same was Executed voluntarily by her and on the day it purports to have been Executed. George F. Bristow George W. Mitchell Sworn to and subscribed before me in open court this August term 1870 Charles A. Beazley Ordinary T.C. Whereupon it is considered and adjudged by the Court that the will is duly proven in common form of law and ordered that the will and probate be recorded this August 1st 1870. Charles A. Beazley, Ordinary Will, probate, and letters recorded August 1st 1870. Charles A. Beazley, Ordinary Letters Testamentary Georgia, Taliaferro County By the Ordinary of said County To all whom these presents shall come; Know ye that on the first day of August in the year of our Lord 1870 the last will and testament of Eliza M. Evans of said County deceased, was Exhibited in open court and in common 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 John T. Overton the Executor in and by said will named and appointed he having first having taken the oath and performed all other requirements required by law he is 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 and he is hereby required to render a true and perfect inventory of all and singular the goods, chattels, credits, lands and tenements of the said deceased, appraised and returned to this Court according to law, and to render a true and correct amount to the Ordinary of the said County of Taliaferro of his actings and doings yearly untill his administration is fully completed. In witness whereof, I have hereunto set my hand and affixed the seal of my office the first day of August 1870. Charles A. Beazley, Ordinary. Letters recorded August 1, 1870 Charles A. Beazley, Ordinary ===========================================================================