I, W. J. T. Whaley of said County, hereby make declare, and publish this as my last will and testament, it being the only one I have ever made.
1st. I give to my wife Fannie V. Whaley and our two minor children, Birdie Stewart Whaley and Robert Roy Whaley, my home place in the Tenth (10th) District of Randolph County, Georgia, whereon I and my family now reside, containing five hundred and three and one-half acres, more or less, consisting of lots of land, nos. one hundred and sixty-three, one hundred and sixty-four, ninety-eight acres off the East side of lot number one hundred and sixty-five and also one & 9/16 of an acre off of number one hundred and sixty-five, that was conveyed by Jas. T. Cleveland to me and lying in front of my home, said lands being in one body.
Also all my mules, horses bubbies,wagons,money, notes and accounts, household and kitchen furniture and all my personal property of every Kind and description, which is to be held and used jointly for the use benefit and support of my said wife and at her death to go to my said two children named in this item above. The object and purpose of this is to give my wife the Joint use and benefit of all of the above property during her life and for it to go at her death to our said two children, provided however, that she with the assent of her Co-Executor named in this will if he be alive and if not, then my Said wife may, if she so desires give off to each of our Said two minor children as they shall become of age, such parts of Said property as she sees fit; not in excess of his or her part. With the power in my said wife to use and operate said land and plantation with the stock thereon for the benefit of herself and children, but not to involve the corpus of said estate with debts that would consume said corpus.
2nd. I give all the rest of my lands that I may have at the time this will goes into effect, to my children, Wm. W. Whaley, Jos. D. Whaley, Homer P. Whaley, Tommie W. W. Plowden and Annie May Holman, Share and Share alike, after the following ones of my children have accounted for the following advancements that I have charged to them, namely: Tommie W. Plowden, Two hundred & fifty-six and 17/100, ($256.17/100) Jos. D. Whaley for one thousand and eighty-three and 76/100 Dollars, ($1083.76/100) Homer P. Whaley for Thirteen hundred and seventy & 22/100 dollars, ($1370.22) and Annie May Hollman for Fifty & 17/100 ($50.17/100 - Also Each one shall account for any advancements that I may hereafter make them.
It is my desire that said property Shall be divided in Kind, if possible. If the said children can not agree, then I desire that upon notice of such fact to the Ordinary of said County, he shall appoint five discreet appraisers to divide and appraise said property and should any one or more of them disagree & that if a majority of my said children desire it, then they may, through my said Executors pay off to such dissatisfied child or children, money equal to his of her distributive Share which Shall discharge the interest of Such dissatisfied child or children, who may refuse to accept such division in Kind, said money not to be furnished out of my Estate, but by such of my said children as may desire to make said division in Kind.
If for any reason such money can not be paid over legally to any dissatisfied party, the deposit of such sum with my Said Executors shall be sufficient.
If such division can not, practically, in the opinion of my Said Executors be perfected in the modes herein provided, then said lands shall be sold and the proceeds divided among my said five children named in this item.
3rd. I nominate and appoint my wife, Fannie V. Whaley and my son Homer P. Whaley, Executors of this, my will - I relieve them of making returns as far as is consistent with law - I Empower them, if necessary at any time to see any of my property & to do so without any order of Court and either at public or private sale.
This 3rd day of January 1901.
Signed, Sealed declared and published by W. J. T. Whaley as his last will and testament. We the witnesses hereto Signing it as witnesses at his special instance and request; signing also as witnesses in the presence of the testator and of each other and he also signing it in the presence of us the witnesses.
This 3rd day of January 1901.