Sunday, April 26, 2015

James Larkin Hendricks will

Oconee County, Georgia, Wills 1875-1966, p 193, available online at familysearch.org.  James was the brother of Warren David Hendricks and the son of George Washington Hendricks and Jane Keith.  He died of cancer on 11 June 1921.

Georgia, Oconee County}}  Last Will and Testament of Jas. L. Hendrix

I Jas L Hendrix of said state and county, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking and annulling all others, by me heretofore by me made.

Item 1st) I desire and direct that my body be buried in a decent and Christianlike manner suitable to my circumstances and condition in life.

Item 2)  I desire and direct that all my just debts be paid as soon as practicable by my executor hereinafter named and appointed.

Item 3)  I give, bequeath, and devise to my beloved wife, Elizabeth Hendrix, for and during her natural life, my tract of land in Statham Barrow County Georgia containing twenty nine and three tenths acres (29.3) the same being the same tract of land which was deeded to me and Pool W. Hendrix jointly and later Pool Hendrix deeded his one half undivided interest to me, said tract bounded on north by Day, East by a public road, South by Thrasher, West by ?Afrin? and being about one half mile west of present site of S. A. L. Ry depot in said town of Statham.   At her death said land is to go to and be divided between my estate and my son Oscar Hendrix upon said Oscar paying over to my estate the sum of three hundred ($300) Dollars before coming into his half interest in said land. The half coming into my estate as well as the three hundred dollars to be paid by Oscar to be disposed of as hereinafter directed.

Item 4)  I have delivered to my sons Pool W. Hendrix and Carl W. Hendrix possession and controll of my place near Eastville, Ga Oconee County together with certain personal property for running said farm and they have agreed to assume an indebtedness against said land, and it is my will and it is my will and desire and I hereby give, bequeath and devise to my said sons Pool W. and Carl W. Hendrix my said tract of land in Oconee County, about one mile north of the town of Eastville, eighty two (82) acres more or less, bounded on north by Breedlove, East by Thomas, South by R. L. Malcom, and west by a public road leading from said town of Eastville, and lands of Hardy Breedlove. This land to go to and become the property of my said sons Pool W. and Carl W. Hendrix upon their paying of the loan which is on the property or whatever part thereof remains unpaid at my death and upon their paying over [[end of page]]

[[start of page 2, reads like clerk may have left out a few words]] and grandchildren the sum of three hundred ($300.00) dollars each.  My Grand Children are to receive the share that would have been coming to their father or mother if in life,  in other words my children Arvie Jane Graham, Fulton Hendrix, Vercy Hendrix, Candie Hendrix are to receive the sum of three hundred dollars each, or their children if I should survive them shall receive the respective share of their father or mother, and the children of my deceased son Warren Hendrix, to wit Fred, Carrie, Dottie, Willie and David Hendrix are to receive their father's part or the sum of three hundred ($300) dollars to be equally divided between them .

The payments of said sums being a charge upon my estate and upon the land.

Item 5) I give and bequeath to my son Oscar Hendrix one mule to be selected by him after my death.

Item 6) I give and bequeath to my wife Elizabeth Hendrix one milk cow to be selected by her after my death.

Item 7) I give and bequeath to daughter Mrs. Georgia Ann Palmer five ($5.00) dollars and no more, she having heretofore received from me her share of my property real and personal.

Item 8)  My son Archie Hendrix who enlisted in the U.S Navy during the war with Germany and who was on board a U.S. steamship Cyclops which disappeared and was never heard from is supposed to be dead but in case he is in life and shows up at any time he is to receive the sum of three hundred ($300) dollars to be paid as the other items in item fourth of this will, except, however this item shall not be a charge upon the lands.  

Item 9)  All the rest of my property real and personal shall shall [sic] be sold by my executor hereinafter named and appointed, at public or private sale, with or without advertisement and without any order of court.  And the proceeds thereof shall be applied to the payment of debts which I owe and the obligations outstanding which are a charge or lien upon the lands herein described if there is a residue after the legacies hereinbefore specified are satisfied, the remainder if any shall be equally divided between my children, share and share alike, except Grand Children shall receive the share of their parent to be equally divided between them.

Item 10) I hereby constitute and appoint my wife Elizabeth Hendrix sole executrix of this my last will and testament and expressly confer upon her power, as such, to administer my estate, excusing her [[end of page]]

[[start of page 3]] from giving any bonds or making any returns to the ordinary, and I expressly confer upon her full authority and power to sell any part of my estate which is not hereinbefore specifically devised, at public or private sale, with or without notice, as she may deem best, and without any order of court, making good and sufficient conveyances to the purchases and holding the proceeds of said sale to the same uses and trusts as hereinbefore declared in the several items of this will
And I further expressly confer upon her full power and authority and power to borrow money for the use of my estate, in any instance where she may deem necessary and proper, and to secure the same by lien, security deed, trust deed, or other form of security to or on any part of my estate not herein specifically devised, all this she may do without any order of court and without making any returns to the Court of Ordinary.  This the 21st day of May 1921.
  [[ss]] J. L. Hendrix

Signed, sealed, declared, and published by Jas L Hendrix as his last will and testament, in the presence of us, the undersigned who subscribe our names hereto, in the presence of said testator, after he had signed his name thereto, and at his special instance and request, and in the presence of each other.  This the 21st day of May 1921.

 [[ss]] F. S. Dooley
 [[ss]] John F. Ridgeway
 [[ss]] F. A. Gillen

Probated Jan 2, 1922
Recorded Feb 10 1922