Will of William Penn Simpson
Contributed by Wanda Snyder
Will - File # G-3
State of Georgia, Gwinnett County -
Know all men by these presents that I, W. P. Simpson being of sound mind and disposing make
this my last will and testament.
Article 1. THAT I appoint A. H.
Simpson my executor with full power to collect up my estate, to make deed, sign
any papers necessary in the wind up of my estate without any order from any
court of record, and he is relieved from making any returns to any court of
record whatever, and he is only entitled to Fifty dollars for setting up my
estate. The Raburn papers is no part of my estate though in my name the
same belongs to Cora Hill and when col to be turned over to her.
2. That
W. T. Simpson be paid Twenty Two Hundred and Fifty dollars out of my estate
(more.
3. That
J. H. SIMPSON be paid Two Thousand more. All the household goods except
what my wife a part for the others. Also the car.
4. The
balance of estate to be divided equal according to what each has had.
A. H. Simpson,
rec prins $1000
Cora Hill, rec prins
700
Ola Mays, rec prins
700
Oliver O. Simpson, rec prins
300
5. I
direct that James F. Simpson be paid Two Hundred & Twenty five I owe him.
Know if A. H. Simpson fails from any cause to carry out my will then I
direct W. K. Mays to do the with all power granted to A. H. Simpson in said
will.
W.
P. Simpson
C.
E. Johnson
J.
J. Cruce
W.
S. Cruce
We and each of
sign in the presents of each other.
This August 7,
1919
William Penn Simpson - various
probate records - Gwinnett Co., GA
"PETITION"
Georgia--Gwinnett County.
To the Ordinary of said county.
The petition of A. H.
Simpson, Executor of the estate of W. P. Simpson, deceased shows that it is
necessary for the purpose of paying debts and making a distribution among the
heirs of said deceased to sell the personal property belonging to the said
estate.
Petitioner prays an
order authorizing him to sell the said personal property. Said personal
property consists of lot of corn and lint cotton.
This September 1st, 1919.
A.
H. Simpson.
"ORDER"
Gwinnett County of Ordinary,
Upon reading and
considering the foregoing application it is ordered that the said executor has
leave to sell the said personal property s named in the above petition, on the
open market.
G. G. Robinson, Ordinary.
[source: Gwinnett County Probate Minutes Book N pg 62]
"PETITION"
State of Georgia,
Gwinnett County:-
To the Hon. G. G. Robinson, Ordinary of said county:-
The petition of A. H. Simpson,
a resident of said county, and nominated executor of the last will of W. P.
Simpson, also a resident of said county, who died on the 13th day of August,
1919., owning valuable real and personal estate, in said State, disposal of by
said will, amounting to the sum of Dollars, and
which remains to be administered, respectfully shown that said W. P. Simpson
died testate, that his will is herewith presented for probate at the regular
term of the court of Ordinary of said County in common form, your petitioner
prays leave to prove said Will in common form, and the issuing to him of
letters testamentary upon his taking the oath of office.
September 1st, 1919.
A. H. Simpson
"AFFADAVIT OF WITNESS"
State of Georgia, Gwinnett County.
Before me came J. J. Cruce named as a
witness to the within writing, purporting to be W. P. Simpson last will, and
being duly sworn, saith that he with E. C. Johnson and W. G. Cruce at the
request of W. P. Simpson and in his presence and in the presence of each other,
did attest as witnesses the within writing as W. P. Simpson's Will; that the
same was signed and published by W. P. Simpson in their presence as his last
will; and he was at the time of said attestation and signing by him of sound
and disposing mind and memory; that he executed the within paper voluntarily.
J. J. Cruce.
Sworn to and subscribed before me, this 1st day of September, 1919.
G. G. Robinson, Ordinary
"ORDER"
Gwinnett Court of Ordinary.
September Term, September 1st, 1919.
The above petition of A. H.
Simpson nominated executor of the last alleged will of W. P. Simpson, having
been duly supported by proper prodd of J. J. Cruce a witness to said will, that
said W. P. Simpson died a resident of said county; that he attested he and the
other witnesses, E. C. Johnson and W. G. Cruce saw him sign and heard him
publish the alleged will as his own last will, that he attested the same as a
witness at his request, and in his presence with E. G. Johnson and W. G. Cruce
so attesting also at his request; that said W. P. Simpson was, at the time of
said signing and attestation, of sound and disposing mind and memory, and did
in the execution of said will, act freely and voluntarily; it is ordered that
the same be duly recorded, having been duly proven in common form, and that
Letters testamentary issue to him upon his taking the oath of office.
G.
G. Robinson, Ordinary.
"OATH"
Georgia, Gwinnett County:-
I, A. H.
Simpson, do solemnly swear that this writing contains the true last will of the
within named W. P. Simpson, deceased, and that I will well and truly execute
the same in accordance with the laws of the State.
So help me GOD.
A. H. Simpson
Sworn to and subscribed before me,
this 1st day of Sept, 1919.
G. G. Robinson, Ordinary.
[source: Gwinnett County Probate Minutes Book N pg 63-64]
"PETITION"
Georgia, Gwinnett County
To The Honorable G. G. Robinson, Ordinary of said county:-
The petition of A. H. Simpson, a resident of said State and County, respectfully shows the following:-
1.
That W. P. Simpson, late of said county died testate on the 13th day of August
1919, owning valuable property in said State and County.
2.
Petitioner herewith presents the last will and Testament of said deceased and
shows that he is named therein as Executor.
3.
Your petitioner further shows that the following named persons are all
the children and heirs at law of said deceased, to-wit:-
Your petitioner who resides in Gwinnett County, Georgia; Ola Mays who resides
in Gwinnett County, Georgia, Cora Hill who resides in at Ranger, Gordon
County, Georgia; W. T. Simpson, who resides in Gwinnett County, Georgia; J.H.
Simpson who resides in Gwinnett County, Georgia, J. F. Simpson who is now in
the United States Navy and whose residence and address if Brooklyn, N.Y.,
Barracks A 4; O. O. Simpson who resides in Gwinnett County, Georgia, and Myrtle
Roten who resides at 20 Baker St, Atlanta, Georgia.
4.
That all of the above children and heirs at law of said deceased are of full
age except Myrtle Rotan who is married but is still a minor under twenty one
years of age.
Petitioner prays leave to prove
aid will in solemn form and that Letters Testamentary do issue to him and to
that end prays that citation do issue to said heirs at law in terms of the
status for such cases made and provided and that all of said heirs at law be
duly served as provided by law and that second originals issue for the counties
of Gordon and Fulton and that the children residing in said counties be duly
served as provided by law and also that J. F. Simpson who resides in the State
of New York be duly served by publication as provided by law and that a
Guardian-Ad-Litem be appointed to represent the said Myrtle Rotan, a minor when
made a party to this proceeding by proper service.
A. H. Simpson
By his Atty at law.
I. L. Oakes
"ORDER OF SERVICE"
Georgia, Gwinnett County.
The foregoing petition read and
considered.
Ordered that Cora Hill, W. T. Simpson,
Ola Mays, J. H. Simpson, J. F. Simpson, O. O. Simpson, and Myrtle Rotan to be
and appear before the court of Ordinary to be held in and for said State and
county on the first Monday in October 1919, Let citation issue
accordingly and be served personally upon Mrs. Cora Hill, W. T. Simpson, Ola
Mays; J. H. Simpson, J. F. Simpson; O. O. Simpson, and Myrtle Rotan ten
days before the said term of this court.
Ordered further that second originals
issue for the counties of Gordon and Fulton and let J. F. Simpson, a
non-resident of the State of Georgia, be served by publication of said citation
once a week for four weeks in the Gwinnett Journal, a news-paper published in the
city of Lawrence said State and County and being the official organ of said
county.
This 15th day of September, 1919.
[source: Gwinnett County Probate Minutes Book N pg 86]
"CITATION"
Georgia, Gwinnett County:
To Cora Hill; W. T. Simpson; Ola Mays; J. H. Simpson; J. F. Simpson; O. O. Simpson and Myrtle Rotan/-
A. H. Simpson having applied as
Executor for probate in solemn form of the last will and testament of W. P.
Simpson of said county, you as heirs at law of said W. P. Simpson, are hereby
required to appear at the Court of Ordinary of said county on the first Monday
in October1919, when said application for probate will be heard.
This 15th day of September, 1919.
G. G. Robinson
"ACKNOWLEDGEMENT OF SERVICE"
Georgia, Gwinnett County:-
We, the undersigned heirs of W.
P. Simpson, deceased, hereby acknowledge sue and legal service of the within
petition to probate the last will and testament of said W. P. Simpson.
Also orders of Court. All other and further service is waived.
This 15th day of September, 1919.
Cora
Hill.
W.
T. Simpson
J.
F. Simpson
O. O. Simpson
J. H. Simpson
Ola Mays.
"SECOND ORIGINAL FULTON COUNTY"
Gwinnett Court of Ordinary.
In Re: Application
of A. H. Simpson, for probate in
October Term, 1919.
Solemn
form of the last will and Testament of W. P.
Simpson,
deceased.
Second original for Fulton County. Filed in office, 15th day
of September, 1919.
I. L. Oakes, Attorney for Petr.
G.
G. Robinson, Ordinary.
"SHERIFF'S ENTRY"
Georgia, Fulton County:-
I have this
day served Myrtle Rotan in person with a copy of the within petition
and orders of Court.
This September
17, 1919.
Jas.
F. Schilling, Deputy Sheriff
Fulton County, Ga.
"APPOINTMENT OF
GUARDIAN-AD-LITEM"
Georgia, Gwinnett County.
In Re:
Petition of A. H. Simpson, for probate in solemn form of the last will
and testament of W. P. Simpson, deceased:
It appearing
to the court that Myrtle Rotan, a minor heir at law, has been duly cited and
made a party to this case and has been duly served in person with a copy of the
petition in said case. It is ordered that C. J. Bolton be and he is
hereby appointed as Guardian as litem to represent said minor heir in
this matter.
This October
6th, 1919.
G.
G. Robinson, Ordinary.
I hereby accept
the above appointment and hereby agree to act as such.
This Oct. 6th, 1919.
C.
J. Bolton.
[source: Gwinnett County Probate Minutes Book N pg 87]
"FINAL ORDER"
Georgia, Gwinnett County.
In Re: Petition of A. H.
Simpson for probate in solemn form of the will of W. P. Simpson, deceased.
The
above stated petition coming on regularly to be heard, and it appearing
that all the heirs at law of said deceased and all partied at interest, reside
within the State of Georgia, and it
further appearing that all the heirs at law who are of full age except one; and
it further appearing that all the heirs at law who are of full age have
acknowledged service in writing of the petition for probate at least ten days
before the term of this court at which said notice required them to appear; and
it further appearing that the minor heir at law has been duly served with a
copy of the petition for probate and order of the court thereon more than ten
days before this term of court, and that a Guardian as litem has been appointed
to represent said minor in this matter, who has accepted said appointment in
writing:
And it
appearing to the satisfaction of the court by the testimony of all the
subscribing witnesses, that the instrument offered for probate is the last will
and testament of W. P. Simpson, as alleged by the propounder in his petition,
and no legal and sufficient reason appearing why said will should not be admitted
to record as prayed. On examining each and all of the Three witnesses to
said will in open court they all testified that they signed as witnesses in the
presence of the testator and in the presence of each other; that the testator
asked them to witness his will and when the question was asked as to whether or
not it was necessary for them to know the contents of the will the testator
stated that it was not and that they were only to witness his signature to said
will. One of the witnesses stated that his best recollection was that he
saw the signature of W. P. Simpson on the Will, and all the witnesses stated
that their impression and recollection was that his signature was on the will.
This explanation is made in this order for the reason that the alleged
will is rubbed from carrying, and the name of one of the witnesses and the
testator almost entirely rubbed off, but the witness whose signature was
partially rubbed off testified that he signed it and that was his signature and
the preponderance of the testimony from the witnesses to said will was that it
was duly signed by the testator when they signed as witness and the testimony
further showed that the entire will was in the handwriting of the testator.
It is
therefore ordered that said will be and the same is hereby established in
solemn form as the last will and testament of W. P. Simpson, and that the same
be admitted to record.
Ordered
further that letters testamentary do issued to the executor named in said will,
to-wit:- the said A. H. Simpson, upon his taking the usual oath of office.
This October
6th, 1919.
G.
G. Robinson, Ordinary.
"OATH"
Georgia---Gwinnett County:-
I, A. H.
Simpson, do swear that the writing contained in will filed for probate contains
the true last will of the within named W. P. Simpson, deceased, and that I will
well and truly execute the same in accordance with the laws of the State.
So help me GOD.
A.
H. Simpson
Sworn to and
subscribed before me this 6th day of October, 1919.
G. G. Robinson, Ordinary.
[source: Gwinnett County Probate Minutes Book N pg 88]
State of Georgia, Gwinnett County:
This
Indenture, made and entered into on the 3rd day of February 1921 between A. H. Simpson,
W. T. Simpson, J. H. Simpson, Mrs. W. K. Mays, of the County of Gwinnett, and
Cora Hill, J. F. Simpson, Gordon, County, and M. V. Raten, of the State of
Mississippi of the first part and Fred Mitchell of the County of Gwinnett of
the second part, witnesseth:
That for and in consideration of the
sum of "One dollar" paid by the party of the second part, to the
party of the first part, the receipt whereof is hereby acknowledged, the said
party of the first part, does hereby give, grant, remise, release and forever
quite claim, unto the said Fred Mitchell, part of the second part, his heirs
executors, administrators, and assigns, the following described lands, situated
in the County of Gwinnett, State of Ga. known and distinguished as part of land
lot number 259, Two hundred and fifty nine,containing Forty five (45) acres,
out of the northeast corner of land lot 259, Beginning at Russels and Hoopers
corner, running South, One hundred and sixty rods, Thence East forty five (45)
rods, thence North One hundred and sixty rods, parallel with original line,
Thence west forty five rods to beginning corner. Bounded as follows: On
the West by G. W. Russell on the South by lands of W. P. Simpson, on the
East by Albert L. Poss, On the North by W. R. Hooper, The above land lying and
being in the 6th District of Gwinnett County Ga. Together with all the
rights, members and appurtenances thereto in any manner belonging in
fee-simple. The said Party of the first part does not warrant the title
to said premises herein conveyed, except against themselves, and against those
claiming under us.
In testimony
whereof the said parties of the first part has hereunto set their hand and
affixed their seals the day and year above written.
Signed, sealed and delivered in the presence of.
O.
O. Simpson (Seal)
F. A. McElvaney
A.
H. Simpson (Seal)
S. F. McElvaney N. P. & J. P.
Feb. 6th, 1921
J.
H. Simpson (Seal)
witness as to A. H. & J. H. Simpson
D. B. Phillips
Mrs.
W. K. Mays (Seal)
D. W. Wilson, N. P.
June 8th, 1921
witness as to Mrs. W. K. Mays,
Robert Reid
D. W. Wilson N. P. June 8th, 1921
W.
T. Simpson (Seal)
Witness as to W. F. Simpson,
C. P. Wooten
J.
F. Simpson (Seal)
P. W. Summerour C. N. P. Gwinnett Co. Ga.
Witness as to J. F. Simpson
Cora
Hill (Seal)
and Cora Hill,
Ida Hopper,
C. J. Hopper N. P. & J. P.
State of Miss. Union Co.
Mrs.
J J. Roaten (L. S.)
Personally appeared before me, the
undersigned a Justice of the Peace Mrs. J. J. Roaten who acknowledged that she
signed the foregoing as her and deed
This Sept. 19th, 1921
A.
H. Ragggett Justice
of
Peace.
Recorded Nov. 1st, 1921
W. G. Holt, Clerk Superior
Court
[source: Gwinnett County Deed Record Book 38, pg. 339]
