Will of Mary Ann Fellows

Filed in Clarke County, Georgia Ordinary Court, Estate Records Book D page 382:

I Mrs Mary Ann Fellows, widow of George P Fellows deceased of said State and county being of sound and disposing mind and of advanced age and realizing that it is appointed unto all persons to die and desiring to make a just and proper disposition after my death of all the real and personal property with which God has blessed me do make declare, and publish this as my last will and testament revoking any and all other wills heretofore made and published by me.

Item 1st I desire all my just debts paid including the necessary expenses attending my burial which I wish to be had according to my position in life and the usual religious Exercises of the christian church.

Item 2nd I have this day executed a deed of trust to Samuel M Hunter as trustee for his wife Caroline O Hunter my daughter and her children born and to be born to her for the trust and use therein provided to the North end of the lot whereon I now reside and where my husband George P Fellows now deceased formerly resided the metes and boundaries of said lot are accurately and fully set forth in said deed This lot I conveyed to Samuel M Hunter as trustee for his wife and children my said daughter having never received any property from her Father during his life nor from me since his death.

Item 3rd My husband George P Fellows made full and just provision for my other two daughters Mrs Frances A Williamson and Mrs Georgia Ann Waramberling (sic) during his life He having given Land to the former and other property to the latter Also for my daughter Mary E Swan her Father made suitable provision during his life.

Item 4th I give and bequeath to my remaining children for whom neither their Father nor I have made any other provision Miss Elmira Clayton Fellows, Ella Nora Fellows, my daughters and Cyrus Stephen Fellows my son all my property real and personal and of all kinds and descriptions, whatever that I may die possessed of subject to the trust and uses hereinafter provided trust all of the residence lot of said husband George P Fellows deceased and on which I now reside less the portion on North End this day conveyed to Samuel M Hunter in trust for his wife & children it being the balance of the two lots after deducting said portion in the city of Athens purchased by my husband George P Fellows deceased of Daniel Grant the deed from Said Grant dated Feb 22 1838 and being lots No 20 & 21 in the Merriwether Survey of Said City of Athens and each containing four acres more or less less the streets and both together containing eight acres more or less less the streets and the South portion with the dwelling other houses Spring etc theron hereby bequeathed containing after deducting the North portion this day conveyed as herein before Stated about seven acres less the streets more or less and also all the household furniture and other personal property of any description on land.

Item 5th It is my will purpose and desire to provide a permanent home for my said three children Elmira Clayton Fellows Ella Nora Fellows and Cyrus Stephen Fellows and therefore will and bequeath to them all the property real and personal described in the fourth (4) Item of this instrument for their trust use and benefit for and during their natural life with remainder over in fee simple after the death of the last surviving one of the three among their children share and share alike taking per stipend.

Item 6th Should however my said three children be unable to continue to live together for any reasons satisfactory to themselves and desire to divide said property herein bequeathed them then it is my will and desire that they divide the said lot into three parts it as nearly equal value as near as possible each taking one of the three lots when so divided and if this cannot be done then I desire the property sold by my Executor herein after named and direct him to reinvest the proceeds of said sale in such manner as he shall think best for the interest of each of my said children said property so purchased by my Executor to be in the name of some suitable person in each case as trustee for my said daughters and son and to beheld subject to the trust and use before created for their sole and separate use and benefit during their natural lifes free from the debts contracts and control of any future husband in case of my two daughters and remainder after their death to such child or children or representative of child or child born to them or shall survive them the representative of child or children taking per stipend.

Item 7th After my Executor has sold and reinvested proceeds of sale of property as herein before provided then I desire that the portion reinvested for benefit of my son Cyrus Stephen Fellows share be for his sole use and benefit free from his debts and contracts during his natural life and with remainder over to his child or children or representative of child or children surviving him the latter taking "per Stipe".

Item 8th After my Executor has nominated a Trustee for each of my daughters and son as herein before provided and invested proceeds of sale of property for their benefit subject to use and trust herein created it is then my desire and purpose that in the event said trustee shall resign his trust each of my daughters and son may appoint themselves trustee and as often as may be necessary and I give to their Trustees nominated by my Executor or appointed by themselves power in response to the written desire and application his [entire?] trust either of my daughters [desire?] to sell at his discretion and reinvest their portion for their benefit subject to trust & use herein created as often as my be necessary

Item 9th I nominate S M Hunter Executer of this my last will & testament. Words on 3rd page 6 line "also for my daughter Mary E Swan her Father made suitable provision during his life" interlined before execution "Also death of" 5 page 12 line her

Mary Ann X Fellows
dated 11 March 1876

witnesses: Howell Cobb, PA Heard, William King

Codicil dated 1 May 1879: ... First I remove Samuel M Hunter as my Executer and I nominate my son Cyrus Stephen Fellows in his place as the Executor of my said last Will and testament

witnesses: Howell Cobb, Andrew J Cobb, Samuel M Hunter

Inventory and Appraisement of the Estate of Mrs Mary Ann Fellows Deceased

About 6 acres of land in Athens with house thereon where on Mrs Mary Ann Fellows resided - $5000

About one tenth (1/10) of an acre of land in triangular lot opposite residence of late Thos, RR Cobb in Athens Ga on which was shop of George P Fellows deceased - $500

Household & Kitchen furniture - $100

dated 16 March 1882, appraisers Howell Cobb, Jas H Huggins, SM Hunter

Other Clarke Co Estate papers:

Oath of Cyrus on Mary Ann Fellow's will
Petition of CS Fellows to be relieved from default in returning
Petition of CS Fellows, Executor to prove will
Petition of CS Fellows, Executor for dismissal

Contributed by Margaret James