Lumpkin County, Georgia
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| John Simmons' Will |
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Probate Records for John Simmons died Feb. 5, 1901
To the Honorable John Huff, Ordinary of said County: Petitioners herewith present the last will and testament of said deceased and show that they are named therein as Executors. Your petitioners show that the following named persons are all the heirs at law of said testator, Sallie Simmons (widow), Kate Montgomery (daughter), Lizzie Davis (daughter), Benjamin Simmons (Son), and Nancy Simmons (daughter) widow of Elijah Simmons, deceased (Son), all of Lumpkin County, Georgia, Samantha Landrum (daughter) of Rome, Floyd County, Georgia, Martha Pitner of Glascow, Cloud County State of Kansas and D.T. Simmons (Son) of Omer, Oklahoma and that all of said persons named are of full age. Petitioners show that said will has already been probated in common form and duly admitted to record in the Court of Ordinary of said County, and that letters testamentary have issued to your petitioners. Petitioners now desire to prove and probate said will in solemn form and therefore now pray leave to prove said will in solemn form and to that end they pray that citation do issue to said heirs at law in terms of the Statute in such cases made and provided. This April 1st 1901.
Miller Davis, John Montgomery
===================================================== Ordered that Sallie Simmons, Kate Montgomery, Lizzie Davis, Nancy Simmons, Benjamin Simmons, Martha Pitner, Samantha Landrum and D.T. Simmons do be and appear before the Court of Ordinary to be held in and for said State of Georgia and County of Lumpkin on the first Monday in May 1901. Let citation issue accordingly, and be served personally upon Sallie Simmons, Kate Montgomery, Lizzie Davis, Nancy Simmons, Benjamin Simmons and Samantha Landrum ten days before the said term of this Court; And let Martha Pitner and D.T. Simmons, non-residents of the State of Georgia, be served by publication of said citation once a week for 2 months in the Dahlonega Nugget, a newspaper published in the City of Dahlonega said State and County. John Huff, Ordinary
Application filed in Office this April 1st 1901
===================================================== I, John Simmons of said County being of sound mind and memory but frail of body and of advanced age do make and declare this my last will and testament, hereby revoking all other wills heretofore made by me. Item 1 I desire my Executors herein after named as soon as possible after my death to pay my debts if I should at that time owe any, and for that purpose and for the purpose of paying funeral and all other expenses including expenses of Administration I desire that the money and property embraced in the residuary clause of this my will to be used so far as may be necessary. Item 2 I give and devise to my wife Sarah Simmons, all my household and kitchen furniture and all live stock, cattle, hogs, sheep, corn, fodder, provisions and all personal property of whatsoever kind I may have around my home and farm; And also the following land being one tract comprising twenty five acres more of less of my house lot number 1291 in the 11th District and 1st Section of said County including the dwelling house the said 25 acres of said lot being included in the following bounds; beginning on the East boundary line of said lot at a point where Coopers Creek crosses the same, thence following said creek to where the same empties into Two Run Creek, thence up Two run Creek to the North boundary line of said lot, thence West to the Northwest corner of said lot, thence South to the Hightower River, thence down the Hightower River to the mouth of the lower main ditch, thence West with said lower main ditch to the West boundary line of said lot, thence South with said West boundary line to the southwest corner of said lot, thence East to the Southeast corner of said lot, thence North to the beginning point. Also the South half of lots of land 1290 and 1289 in said District and Section said South half to be all of said lots lying South of a line to be drawn trough said lots so as to divide the same equally; Also all that part of lot 210 in the 12th District and 1st Section of said County (Known as the Mill lot) lying East of the pasture fence and North of the Pierce Cut road as the same runs through said lot, said part of said lot containing 20 acres, more or less; Also lot of land number 211 in said 12th District and 1st Section; All of said lots and parts of lots comprising said tract containing by estimation 125 acres, more or less. I desire that the property I have above devised to my said wife and the further provision hereinafter made for her shall be in lieu of dower and years support. Item 3 I give and devise to Nancy Simmons, widow of my son Elijah Simmons, and to Ben Simmons, my grandson, as tenants in common, to have the same share and share alike, the following land, to wit; 28 acres, more or less, of lot of land number 1229 in said 11th District and first Section of said County, being all of said lot lying East of the Hightower River; Also, 30 acres, more or less, of lot 1230 in said 11th District and 1st Section lying North of the following conditional line; beginning on the West boundary line of said lot where the road crosses the same, then following said road in an Easterly direction to where said road forks (the one prong going to where Nancy Simmons now lives and the other fork going to where Miller Davis now lives), then from said forks of said road due East to the East boundary line of said lot; Also lots of land numbers 1219 and 1218 both in said 11th District and 1st Section; the said lots and parts of lots embraced in this item forming one tract of land containing by estimation 128 acres, more or less. Item 4 I give and devise to my daughter Elizabeth Davis, wife of Miller Davis, the following land; that part of lot number 1229 in the 11th District and 1st Section of said County lying West of the Hightower River, containing 12 acres, more or less; Also lot number 1292 in said 11th District and 1st Section; Also 5 acres, more or less, of lot number 1291 in said 11th District and 1st Section, being a triangular piece of land lying West of Hightower River and North of the lower ditch on said lot; also lot number 141 in the 12th District and 1st Section of said County; Also that part of lot number 210 in the said 12th District and 1st Section being the Northwest corner of said lot, and being that part of said lot lying West of the pasture fence and North of the Pierce Cut road; the said lots and parts of lots embraced in this item forming one tract of land containing by estimation 107 acres, more or less. Item 5 I give and devise to my daughter, Samantha Landrum, wife of L.M. Landrum, the following land; 10 acres, more or less, of lot number 1230 in the 11th District and 1st Section of said County being all that part of said lot not disposed of by the 3rd item of this will; Also lot number 1231 in said 11th District and 1st Section, being all that part of said lot not disposed of by the 2nd and 4th items of this will; Also, the North half of lots numbers 1290 and 1289 in said 11th District and 1st Section, being all that part of said lots not disposed of by the 2nd item of this will; the said lots and parts of lots embraced in this item forming one tract of land containing by estimation 100 acres, more or less. Item 6 I give and devise to my daughter, Kate Montgomery, wife of John Montgomery, the following lands; All that part of lot of land number 210 in the 12th District and 1st Section of said County not disposed of by the 2nd and 4th items of this will; Also lots of land numbers 142, 209, 212, 208 and 213 = all in said 12th District and 1st Section; the said lots and parts of lots embraced in this item forming one tract of land containing by estimation 210 acres, more or less. Item 7 I give and devise to my daughter Martha Pitner, the following land, to wit; the tract known as the Gaddis Place comprising lot of land 1158 and that part of lots 1159 and 1146 lying West of the ridge road that runs through said lots; all of said lots being in the 11th District and 1st Section of said County, the said tract being more particularly described in the deed from Lewis C. Gaddis to John Simmons dated March 11th 1879 and recorded in the office of the clerk of the Superior Court of said County in Book S page 733; Also that tract known as the Lingerfelt Place comprising the following lots and parts of lots of land; number 32 and four acres on West side of number 33, both in the 5th District and 1st Section of said County and lot number 306 and one and a half acres on West side of 307 both in 6th District and 1st Section of said County- said Lingerfelt Place containing 205 ½ acres, more or less, and being more particularly described in the deed conveying same from Jas. O. Jones to John Simmons dated April 29th 1895 and recorded in said clerks office in Book A1 pages 378 and 379. Item 8 I give and bequeath to my wife, Sarah Simmons, the sum of Five Hundred dollars in money, which my executors shall pay to her as soon after my death as practicable. Item 9 All the balance of my estate of whatsoever the same may consist I desire divided equally between my said wife, Sarah Simmons, my children, Elizabeth Davis, Kate Montgomery, Samantha Landrum, Martha Pitner, Tate Simmons, and my daughter in law Nancy Simmons and my grand child Ben Simmons, it being understood however that in said division the said Nancy Simmons and Ben Simmons shall jointly be entitled to only one share, it being my intention to have the residuum of my estate embraced in this item divided into seven equal parts or shares, and that my wife and my said children shall each have one part or share, and the said Nancy Simmons and Ben Simmons shall have jointly the remaining share. Item 10 Should any of the legatees herein named die before this takes effect I desire that the property herein given to such legatee shall go to his or her heirs according to the Statue of Descent and Distribution of Georgia, said heirs to take the share only of such deceased legatee. Item 11 I will, if any person herein named as legatee shall endeavor, in any manner whatever, directly or indirectly, to set aside this will, or to defeat any clause of the same, the legacy willed to him or her shall immediately vest in the legatees who do not take part in such effort. Item 12 I nominate and appoint my sons in law, John Montgomery and Miller Davis, Executors of this my will, and I hereby empower them to sell at private or public sale and without the order of any court any property, notes, accounts or effects belonging to my estate that may be necessary to sell in winding up or administering my estate; I also confer upon them as full and ample power as I myself could have in the collection or compromise of debts, and generally in the management of my estate, I desire that they make and have filed and recorded with the ordinary a complete inventory of my estate and that they make annual returns; but I do not desire that they be required to give bond. In testimony whereof I have hereunto set my hand and affixed my seal this 17th day of December 1900. John Simmons {Seal} Signed, Sealed, declared and published by John Simmons as his last will and testament in our presence as witnesses thereto by his request this 17th day of December 1900, he signing in our presence and we signing as witnesses in his presence and in the presence of each other:
W.A. Charters
===================================================== I do solemnly swear that this (foregoing) writing contains the true last will of the within named, John Simmons, deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of the State, so help me God. Taken, sworn to and subscribed before me by Miller Davis and John Montgomery on this the 4th day of March 1901.
Miller Davis John Huff, Ordinary
Filed in office February 16th 1901
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