Will

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 pre½onderance 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]