Search billions of records on Ancestry.com
   

Will of Harley Maxwell Bates
 

Last Will and Testament of
Harley Maxwell Bates

State of Georgia

County of Cherokee

     I, Harley Maxwell Bates, of said State and County, being of sound mind and memory do hereby revoke all wills and codicils heretofore made by me and do hereby make, publish and declare this to be my Last Will and Testament.

Item I

     I desire that my body be buried in a Christianlike manner suitable to my condition and circumstances in life.

Item II

     I direct that all my just debts, including expenses of last illness and funeral, be paid by my Executor from the assets of my estate as soon as practicable after my death.

Item III

     I hereby appoint Mr. Fuller Clinton Bates and Mrs. Betty Jo Bates Gunter jointly or the survivor of them as Executor of this Will.

Item IV

     In the management, care and disposition of my estate, I hereby confer to my Executor the power to do all things and to execute such instruments as may be deemed necessary and proper, including the following powers, all of which may be exercised without the order of or report to any Court:

 (a)     To sell, exchange and otherwise dispose of any property held or acquired under this Will,
           at private or public sale, for cash or on terms, without advertisement;
 (b)     To compromise, settle or adjust any claim or claims by or against my estate and to agree
           to any rescission or modification of any contract or agreement affecting my estate;
 (c)     To renew any indebtedness, as well as to borrow money, and to secure the same by
           mortgaging, pledging or conveying any property of my estate; and
 (d)     My Executor shall not be required to file any inventory or appraisal or any annual or
          other returns or reports to any Court or to give bond while serving as my Executor.

Item V

     I bequeath and devise all my personal property and real property of every kind and description and wherever located to Mr. Fuller Clinton Bates, in fee simple title, provided he survives me.  If Mr. Fuller Clinton Bates does not survive me, I bequeath and devise all of my personal property and real property of every kind and description and wherever located to Mrs. Betty Jo Bates Gunter, in fee simple title.

Item VI

     I hereby appoint Mr. Fuller Clinton Bates and Mrs. Betty Jo Bates Gunter, jointly or the survivor of them as Guardian of the person and property of Miss Sally Ruth Bates, my daughter.  In appointing said Guardian under this Item of my Will, it is my primary intent that Miss Sally Ruth Bates be supported and cared for as well as possible until she becomes capable mentally to care for herself and to earn a livelihood for herself, rather than the preservation of the property bequeathed herein to her; and I direct said Guardian to be guided by this consideration in determining the amount to be used for her support and care.  In carrying out my primary intent expressed above under this Item of my Will and also in the care, and management and protection of any property which shall go under this Will to Miss Sally Ruth Bates, I hereby authorize and empower said Guardian to sell, convey, mortgage, lease or otherwise deal with and dispose of any and all property that may come into his hands as said Guardian, on such terms and at such terms and in such manner as to him shall seem best,  and without the permission or order of any Court therefor, and without any bonds in any proceeding in the matter of such Guardianship and to make, execute, acknowledge and deliver any and all instruments in writing necessary and proper and requisite therefor.

Item VII

     In making this Will and Testament, I have borne in mind the various members of my family and have made what I consider the most wise and just disposition of my property, and it is my intent that my property shall be disposed of only as hereinbefore provided and any relative of mine or other person who are not mentioned herein have not been overlooked but have been intentionally omited.

     IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal to this my Last Will and Testament, consisting of this page and one (1) preceding page, this 26th day of March, 1987.

 

Harley Maxwell Bates.  (SEAL)
Harley Maxwell Bates                

The foregoing instrument was signed, sealed, declared and published by HARLEY MAXWELL BATES, as and for his Last Will and Testament, in the presence of us and each of us, and we, at the same time, at his request, in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses the day and year above set forth.

 

WITNESS:    Dane K. Whipkey          ADDRESS:      Marietta, Ga.   
WITNESS:
 Naomi C. Holland          ADDRESS:     Marietta, Ga.      

 

Dated: March 26, 1987

AFFIDAVIT

STATE OF GEORGIA

COUNTY OF CHEROKEE

Before me, the undersigned authority, on this day personally appeared HARLEY MAXWELL BATES,  Dane K. Whipkey, and    Naomi C. Holland  , known to me to be the testator and the witnesses, respectfully, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and, all of said persons by me duly sworn, HARLEY MAXWELL BATES, Testator, declared to me and to the said witnesses in my presence that said instrument is his Last Will and Testament and that he had willing made and executed it as his free act and deed for the purposes therein expressed.  The witnesses each on his or her oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is his Last Will and Testament and that he executed the same as such and wanted each of them to sign it as a witness; and upon his/er oath each witness stated further that he or she did sign the same as witness in the presence of the testator and at his request; that he was at that time fourteen (14) years of age or over and was of sound mind; that each of said witnesses was then at least fourteen (14) years of age.

 

Harley Maxwell Bates   TESTATOR
Dane K. Whipkey           WITNESS
Naomi C. Holland         WITNESS

 

Sworn to and subscribed before me by HARLEY MAXWELL BATES, Testator, and sworn to and subscribed before me by    Dane K. Whipkey   and   Naomi C. Holland   , witnesses this 26th day of March 1987.

 

 Hubert Holland   
    Notary Public

Transcribed by Kimberly Miller Bates

 

Probate Records

 

 

2006-2014  Kimberly Miller Bates
All Rights Reserved