Butts Co. Page 451

George K. Byars
Georgia        }        In the name of God Amen
Butts County}        I GEORGE K. BYARS of said State & County being of advanced age & knowing that I must shortly depart this life, deem it right and proper both as respects myself & my family that I should make a disposition of the property with which a kind providence has blessed me, I therefore make this my last will and testament hereby revoking & annulling all others heretofore made by me.
  Item 1st  I desire & direct that my body be buried in a decent & Christian like manner suitable to my circumstances & conditions, My soul I trust shall return to rest with God who gave it as I hope for eternal salvation through the blessed Lord and Savior Jesus Christ, whose religion I have professed and as I humbly trust have enjoyed.
Item 2nd- I desire that all my just debts be paid without delay by my executors herein after named, as I am unwilling my creditors should be delayed of their rights especially as their is no need of delay.
Item 3rd- I give and devise to my beloved wife Anna with whom I have lived with for forty years;  All the property which I now posses after my just debts are all paid and my sons Benjamin M. And Harrel N. & James M. Byars to receive an equal portion with those that have already drawn property the same to be defined by the executors and to them as they become of age or as quick as practicable; the above mentioned property to belong to beloved wife ANNA during her natural life (to wit) one lot of land which I now live on & all that appertaining thereunto also the household and kitchen furniture, all my horses & mules and all my stock of every description & farming utensils which property and the increase, if one, I desire & devise to be equally divided among those of my children that may survive my beloved wife ANNA at her death.
I constitute & appoint Joel B. & Richard G. Byars Executors to this my last Will and Testament this Dec. 30th 1842.
Signed, sealed, declared and published by George K. Byars as his last will and testament in the presence of us the subscribers who subscribed our names hereto in the presence of said Testator and of each other this Dec. 30th 1842
Isaac W. Smith
Geo. W. Byars
Cintha McMahan X         George K. Byars (L.S.)
Robert McMahan X

Butts Court of Ordinary January adjourned Term 1843, In Open Court in person came Robert McMahan, Cinthy McMahan & George W. Byars, three of the subscribing witnesses to the above and foregoing last will and testament of George K. Byars, Decd. who being sworn, depose and swear that they saw George K. Byars when in life sign seal publish & declare said paper as his last will and testament and at the time of making the same the said George K. Byars was of sound and disposing mind and memory and that these deponents in his presence and at his request and in the presence of each other attested the execution thereof.
Sworn to & subscribed in Court Jan. 23rd 1843.
Edmund McDaniel J.I.C.
G. Hendrick  J.I.C.
Thos. P. Atkinson J.I.C.

   Ordered that the Will of George K. Byars submitted to record and that letters testamentary do issue to the executors therein named on their taking the usual oath.
signed this 26th Jan. 1843
John McCord C.C.O.                        

Edmund McDaniel J.I.C.
G. Hendrick  J.I.C.
Thos. P. Atkinson  J.I.C.

    








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