Will of William Randolph Simpson
Contributed by Wanda Snyder
Will - File # D-2 - died
9-Sept-1899
State of Georgia Gwinnett County
I W R Simpson of said State and County being
of sound and disposing mind and memory do make this my last will and testament
hereby revoling all wills heretofore made by me.
Item 1st: I desire tht my body be
buried in a manner suitable to my circumstances in life and that my executors
hereinafter named shall have such a fence put around my grand and the grave of
my wife Susan M. Simpson and have such monuments erected over our graves
as they may think appropriate and pay for them out of my estate.
Item 2nd: I desire that - if I should
owe any debts at the time of death that they be paid by my executors
hereinafter named as soon as possible.
Item 3rd: Should my wife Susan M.
Simpson survive me or be living at the time of my death I give and bequeath to
her for and during her natural life to live on as a home together with such of
my children as may be here with us at the time of my death all of the farm that
I have recently bought - from Mrs. Almeda Camp formerly Kelly consisting of 215
acres off of lot no. 297 also 50 acres off of lot no. 196 and 30 acres off of
lot no. 198 containing 295 acres more or less in the 6th Dist. of Gwinnett
County and more fully described in the bond for titles from Mrs. Almeda Camp to
be dated August 22, 1899 in addition the above I give and bequeath to my said
wife for life all the crop of every kind and meat - hogs corn horses or mules
wagon buggy farm tools and all the household and kitchen furniture that I may
have at the time of my death and after the death of my wife I give and bequeath
and devise to my daughter Hannah Kent - and my two sons, B. F. Simpson
and O. O. Simpson the above and foregoing described plantation together with
all the improvements therein each to have and own a third interest therein with
the rights to divide the same among themselves the above devise is made to my
wife in lieu of dower and twelve months support - She to have the right to sell
any of the personal property and reinvest the proceeds either of like character
said farm and improvements I value to Hannah Kent - B. F. Simpson and O. O.
Simpson at two thousand and five hundred dollars ($2500) or $833.33 1/3 each to
each they to take the same subject to the life estate of my wife.
Item 4th: I give and bequeath to my
daughter Hnnah Kent all the household and kitchen furnitive provisions farm
products farming tools that may be on the place at the death of my said wife
also the best horse or mule to be selected by her the buggy wagon cow and calf
that may be on hand at the death of my wife in the event that she should
outlive me this bequest is not to be accounted for my daughter for the reason
that her and her children have done more work for me than the other children.
Item 5th: I desire that my executors
hereinafter named dispose of all other property I may own at the time of my
death at public or private sale for cash or on time as they may think best and
to collect all debts that may be due me and after paying debts and expenses to
divide the same so as to make each child receive an equal share after each have
accounted for all adancements that I have made to them I have already advanced
to the following of my chidren the following advances which they are to account
for in the division of any estate to wit - my Son John T. Simpson Two Hundred
and fifty dollars to my Son W. P. Simpson Four Hundred and fifty dollars to my
Son B. F. Simpson Two Hundred and fifty dollars to my Son O. O. Simpson Two
Hundred and Fifty dollars and to my Daughter Lou Webb Four Hundred and fifty
dollars To my daughter Almeda McLauchlin Four Hundred and fifty dollars To my
daughter Mary Lidell Four Hundred and fifty dollars To my daughter Lala Simpson
One Thousand dollars the Same being the one half undivided interest in the
Hopkins place which I have heretofore deeded to her.
Item 6th: It is my intention and desire
that Hannah Kent, B. F. Simpson, O.O. Simpson and Lala Simpson have no further
interest in my estate besides the property heretofore given to them in this
will until the other children have received as much as Their property is valued
to them at in this will but in no event are my daughters Hannah Kent and Lala
Simpson to be required to pay back anything to my estate on account of the
property given to them and mentioned in this will.
Item 7th: I hereby give bequeath and
devise to my Son O.O. Simpson in trust and as trustee for my Son J. T. Simpson
and his present wife Lizzie and the children of the Said J. T. Simpson by the
Said Lizzie if any and I hereby direct that my executors pay over to said
trustee what ever would be the Share of J. T. Simpson under this will and by
Said trustees hold be managed or invested as he may think best for the use and
benefit of said J. T. Simpson his Said wife and the Children by her if any and
to pay over to them issue rents and profits arising from said funds from time
to time as they may need it and should the Said J. T. Simpson die without wife
or children by the Said Lizzie then and in that event Said fund to be by said
trustee equally divided among Brothers and Sisters of the Said J. T. Simpson
Then living. This bequest is not to be subject to the debts - contracts -
____ or liabilities of the Said J. T. Simpson I hereby release said trustee
from making returns of his debts unless he desires to do so.
Item 8th: I hereby constitute and
appoint Sons W. P. Simpson and B. F. Simpson the Executors of this my last will
and testament and release them from the necessity of appearing to and receiving
orders from the Ordinary to do any act from having my estate appraised from
making annual returns in carrying out the provisions of this my will except to
have will probated and the letters testamentary issued whereby I have hereunto
set my hand this 8 day of Sept 1899.
William
R Simpson
Signed declared and published by W R
Simpson as his last will and testament in the presence of us the subscribers
who subscribed our names hereto in the presence of said testator at his
insistence and request and of each other he signing in our presence and us
signing in his presence.
W.
__ Burtehaell
L.
Lawson
J.
W. Haynie ___J.P.
MINUTES Book F. pgs 541-2 Gwinnett County, GA Probate Records
Petition - State of Georgia Gwinnett County
To the Ordinary of Said County
The petition of W. P. & B. F.
Simpson residents of Said State Showeth that on the 9th day of Sept 1899 W. R.
Simpson a resident of said county departed this life owning valuable real and
personal property in said state having previous to that time signed a paper
presented with this petition which your petitioners claims to be the said W. R.
Simpsons last will and testament and to be duly executed your petitioners shows
the following persons are heirs at law of said deceased to wit - Mrs. Hannah
Kent - John T. Simpson, W. P. Simpson, Mrs. Lou Webb, O. O. Simpson, Mary Lidell,
Almeda McLachlin, Lala Simpson, B. F. Simpson and Mrs. W. R. Simpson all
residing in Gwinnett County except B. F. Simpson who resides in Milton County
and Almeda McLachlin who resides in Fulton County Ga and John T. Simpson who
resides in Blount County Ala your petitioners pray leave to prove said will in
solemn form.
W.P. & B. F. Simpson
(etc...)
W.R. Simpson To J. M. Mitchell - Georgia, Walton County
Whereas Thomas H. Mitchell did by his
last will & testament constitute & appoint J. M. Mitchell a trustee for
his said Thomas H.'s daughters, Mrs. Susan M. Simpson & her children &
also gave him as her Trustee power to use the money belonging to said Susan M.
& her children by virtue of said Will, in purchasing property, Now
therefore this Indenture made this thritieth day of December AD Eighteen
hundred and sixty-nine, between WR Simpson of above County and State of the one
part, & J. M. Mitchell of said State and County of Green as Trustee for
Susan M. Simpson & her children of the other part. Witnesseth that
the said WR Simpson for and in consideration of the sum of Six hundred dollars
of said Susan M. Simpson's distributive share of the Estate of Thomas H.
Mitchell deceased, (formerly of above State and County) to him in hand paid at
and before the sigining & delivery of these presents, the receipt of which
is hereby achknowledged hath bargained and sold, & does by these presents
grant ___ give sell & convey such said J. M. MItchell as trustee as
aforesaid a certain tract of land in the Sixth (6th) District of Gwinnett
County & State aforesaid, bounded as follows, commencing at a stake corner
on Chattahoochee River, between James & Newton Waits; along said river to
the mouth of a branch, a corner on said river between Newton Waits & Jenkins,
thence up said ranch to the original line of the lot of land known as the
Worthy lot, thence South on original line of said lot to the original corner
thence west on the original line to a corner on said line between James &
Newton Waits; thence on a line between Newton & James Waits running in a
Northerly direction to a branch thence along a line to a stake corner at end of
a line which comes from Howell and Waits ferry on Chattahoochee River, thence
along said line, to a corner between said premises, James Waits &
Meartain(?); thence North ot the stake corner on said river where is the
starting point, containing three hundred and fifty-five acres ((___ one hundred
acre dower) more or less. To have and to hold the said bargained premuses
unto the said J. M. MItchell as trustee as aforesaid, for the use and benefit
of the said Susan M. Simpson & her children with all the rights titles
members & appurtenancess there in any way belonging.
And the said
WR Simpson for himself his heirs & assigns the rights & titles of said
bargained premises unto S. J. M. MItchell as trusteee as aforesaid, his
successor & said Susan M. Simpson her children & their heirs &
assigns will warrant & forever defends against himself & against all
other previous _________.
In testimony
whereof said WR Simpson has bereto set his hand & affixed his seal the day
& year first above written signed sealed & delivered in presence of
Sterling Eckles
DeKalb Reynolds, J.P.
WR
Simpson
Recorded the 31st of January 1877 - WS
Vaughn, Clk.