Will of Harriet Cone Hayden
The Will of Harriet Cone Hayden
State of Georgia
County of Fulton
I, H. E. Hayden of said State and County, being of sound mind and disposing memory, mindful of the uncertainty of life, and wishing to leave written instructions as to the disposal and management of my property after death, do now make and declare and publish this my last Will and Testament hereby revoking all other Wills by me heretofore made.
Item First. It is my will and desire that all of my children shall
share and enjoy my estate real, personal, and choses in action, equally,
subject to the conditions hereinafter named, viz: -- Whereas my husband
(the late J. A. Hayden) made advancements in real estate to some of our
children as follows:
To Leslie Thrasher Five Thousand Dollars:
To E. H. Phillips Five Thousand Five Hundred Dollars:
To Julia Hightower Five Thousand Dollars:
And to Lucy Harrison Ten Thousand Five Hundred Dollars, as appears in
and by the seventh item of his last will and testament.
And whereas I have advanced to Mary Whitner Five Thousand five hundred Dollars: Therefore it is my desire that the other children, viz: Julius A., Nellie, and Reuben C. Hayden, to whom no advancements have been made, shall from their deceased father's estate receive each the sum of Five Thousand Five Hundred Dollars, and that Leslie Thrasher and Julia Hightower shall each receive therefrom the additional sum of Five Hundred Dollars, and thus equalize all the advancements to each and all in the sum of Five Thousand Five Hundred Dollars, and if the estate of their deceased father shall prove insufficient for that purpose, then I desire and direct that such equalization shall be made up and completed from the rents, income, or sales of my own estate: and in such division and distribution the child or children of a deceased child shall stand in loco parentis and take the share to which the deceased parent would be entitled to in life.
Item Second. I bequeath to my children all my real estate in Marion County, State of Florida, and all my real estate in Fulton County, State of Georgia, including the Arlington Hotel property and the [Cannon] House property and stores in the Gate City Block on Marietta Street, Atlanta, Georgia, for and during their natural lives: remainder to their children.
And should any one or more given children die without issue, his, her, or their share and interest in my estate shall be equally divided among the other children, and the children of such as may be dead; a child or set of children to stand in loco parentis.
Item Third. It is my will and wish that, should a majority of my children desire a sale be made of my estate for the purpose of a division, my executors or majority of them shall make a sale thereof at public outcry, to the highest bidders, and out of the proceeds, all my children shall first be made equal, that is to say, they shall each receive an amount in the manner hereinafter designated, which added to the amount they shall have before received from their father in his time and from his estate and from me in my lifetime and from my estate shall make the sum of Five Thousand Five Hundred Dollars without taking into account or charging Lucy Harrison with the extra Five Thousand Dollars charged up against her in and by the before mentioned seventh item of the last will and testament of her deceased father and then the remainder and balance to be divided equally, share and share alike, nevertheless said proceeds are not to be paid over in cash funds but my executors here and after named or a majority of them are required to invest such amounts as my children may be entitled to receive in real estate and which each child may designate or select for him or herself; the deeds thereto should be taken in the names of the respective children for and during their natural lives, remainder to their children.
Nevertheless, with the expressed right and authority, set out in such deeds, to sell the same without obtaining an order from the courts to do so, for the purpose of changing such investments into to other property, and in case of the death of any of my children before such sale and reinvestment of the said funds aforesaid, leaving child or children then and in that event the funds of such child or set of children shall be invested in real estate in their names, by my executors or a majority of them and the Guardian or Guardians of such child or set of children.
Item Fourth. Should a majority of my children not desire a sale and division of my property as contemplated by and in the foregoing item of this Will, then my executors or majority of them shall manage and control the property, pay taxes, Insurance, and repairs and divide the net income pro rata among them till all shall have received the sum of Five Thousand Five Hundred Dollars and thence forth there shall be an equal division between them all.
It being my will, wish, and desire that the amounts which may be realized from any and all sources, from the estate of my deceased husband, shall be brought in and taken into account in the division of my estate and the equalization thereof among the children so that none shall have or obtain an advantage over the other just as if the estate of my deceased husband and of my own were one estate.
And the real estate shall remain in and under the control of my executors so long as the majority of my children in life shall not desire a sale thereof for division. And in the event of the death of any of my children leaving child or children surviving, then the share or shares of such deceased child or children to be paid to the Guardian or Guardians of such child or set of children.
Item Fifth. I will and direct in that in the case of the death of any one or more of my executors, a majority of my children shall choose others to act in place of such as may die before the administration of my estate is completed and such as may be selected shall have the same power and authority as though appointed by me.
Item Sixth. It is my will and desire that should either Julius A. or Ruben C. Hayden die after marriage without issue, then their wife or wives, as the case may be, shall have hold and enjoy the rent, issues and income of and from their respective husband's estates so long as she or they remain unmarried and no longer, and after such marriage the estate or share or shares of the said J.A. Hayden and Ruben C. Hayden shall be divided in accordance with the second and third items this my Will.
Item Seventh. I now nominate constitute and appoint my children Leslie Thrasher, E. H. Phillips, Julius A. Hayden and Ruben C. Hayden the executors of this my last Will and Testament and they shall not be required to give bond nor shall they be required to make returns to any Court, but they shall keep plain books of accounts and shall satisfy the other children that the estate is being properly managed and the proceeds and income paid out in accordance with this Will.
Item Eighth. Any amounts I may advance to Julius, Nellie or Ruben in money or real estate, and which is intended as an advancement by me during my life shall be taken into account and charged against them or either of them, when a division or distribution is made of my estate.
In witness whereof, I hereto set my hand and affix my seal this the 12th day of April 1893
Harriet E. Hayden (seal)
We the undersigned, witnesses at the request of H. E. Hayden have signed the same in her presence and in the presence of each other, and she signed the same in our presence and here declare the above instrument to be her last will and testament.
A. P. Herrington (seal)
D.H. Howell (seal)
State of Georgia
Fulton County
Whereas, I Harriet E. Hayden have made my last will and testament in writing bearing date April 12th, 1893 and for good reasons I desire to make additions thereto.
Now, I do by this my writing, which I do hereby declare a codicil to my said last will and testament and to be taken as a part thereof, order and declare that my will is that in my plan of equal division of my estate in advancements made during my life and in the distribution of my estate after my death.
That Julius A. Hayden shall be charged with sum of Three Thousand and Five Hundred Dollars which is held by me as trustee for him which I have advanced to him since April 12, 1893.
That Nellie H. Williams, wife of J. G. Williams. shall be charged with the sum of Four Thousand Eight Hundred and Seventy-Seven Dollars, which I have advanced to her since the 12th day of April, 1893.
I further order and declare that my will is, that all money or property which may be found to be due to Mary H. Whitner shall be paid to E.H. Phillips and L.H. Harrison, and whom I nominate, constitute and appoint trustee for said Mary H. Whitner and her children, and same to be by them used, invested and managed for the maintanence and support of said Mary and her children, during the life of the said Mary--remainder in trust for her children till they shall arrive at the age of 21 years.
Should either of said trustees die, the surviving trustee shall have power to act. They shall also manage and control the real estate in Sanford, Florida, viz: lot 8, block 2, tier 5 of Sanford, according to E. R. Traffords map of said town, which is now held in my name for said Mary and her children, as trustee.
The said trustees (or one of them, in case of the death of either) are hereby granted the same power and authority that I as trustee have over said property, in the sale thereof on such terms as they think best, and to reinvest the proceeds derived from such sale in other property in the name, and for the use of, the said Mary and her children.
Also to collect the rents and income thereupon and use the same for the advantage, benefit and maintenance of said Mary, and her children, and without an order of Court, and without bond.
Nevertheless, if said Mary should die without leaving child or children, or descendant of children or child, then said property shall revert to the brothers and sisters of said Mary, or to their heirs in accordance with the previous items of this will.
I furthermore desire that the house and lot known to us as land section 85 of 14th district of Fulton County, Georgia, commencing at a point on north side of Thurmond Street, 164 feet west of NW corner of Thurmond and Eliott Streets, running thence west along the north side of Thurmond street 36 feet, thence north 50 feet, thence east 36 feet thence south 50 feet to point of beginning.
The house on said lot is known as nos. 79 and 81 Thurmond St. and it shall be used by my executors for the purpose of keeping up my cemetery lot. If it is desirable at any time to sell the property, my executors are empowered to sell the same and invest the proceeds and use the income therefrom, or as much as is necessary, for the purpose aforesaid.
In witness whereof I hereto set my hand and seal this day, the 26th of April at Sanford, Florida 1899.
Harriet E. Hayden, L.S.
Signed and sealed in the presence of H. E. Hayden at her request, in her presence and in the presence of each other.
J. F. Welborne
Thos. E. Wilson
Richard H. Marks
State of Georgia
Fulton County
We do solemnly swear that this writing contains the true last Will and Codicil of the within named Harriet E Hayden, deceased, so far as we know, or believe, and that we will well and truly execute the same in accordance with the law of this State. So help us God.
Sworn to and subscribed before me, this 2nd day of April 1900.
Leslie H. Thrasher
Evelyn H. Phillips
J.A. Hayden
W. H. Huskey, Ordinary
[Later Addition]:
Sworn to me and subscribed before me this 4 day of April, 1929.
Frank P. Phillips
Thos. H. Jeffries, Ordinary ]
Filed in office January 1st, 1900.
Proven in solemn for and ordered recorded April Term 1900.
Recorded April 2nd, 1900. WH Huskey, Ordinary
[Later Addition]:
Sworn to and subscribed before me, this 8 day of January, 1936.
George W. Harrison, jr
Thos. H. Jeffries, Ordinary.
[Later Addition]:
Sworn to and subscribed before me, this 24th day of May 1949.
Mrs. John G. Williams,
Fulton County, Georgia
Eugene Gunby, Ordinary
William F Waugh Judge of Probate Court of Cook County, Illinois
Accepted and approved May 25, 1949
