Wills: Hamden Sidney McLean: Fayette Co., Ga. Petition of John E. McLean in the matter of H S McLean's Estate This copy contributed for use in the USGenWeb Archives. http://www.genrecords.net/emailregistry/vols/00003.html#0000645 ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ Page 30 Georgia, Fayette County To the Court of Ordinary of said County The Petition of John E. McLean, shows that on the 20th day of Sept. 1905, H. S. McLean late of said County, departed this life, after having made and published his last Will and Testament in which he named your petitioner as Executor. Petitioner shows that the following named persons are the heirs at law of said deceased to wit. John E. McLean, Mrs. Vada Roberts, Mrs. Sallie Stephens, Odd McLean, Dallie Foster & Walter McLean said heirs reside in the State of Georgia, in Fayette and Coweta Counties and are all sui juris except Dallie Foster & Walter McLean. Petitioner in court and prays that it be proven in solemn form, and to this end he prays that the said J. E. McLean, Vada Roberts, Sallie Stephens, Odd McLean, Dallie Foster & Walter McLean be cited to appear at the next term of the court of Ordinary for said County to be held on the first Monday in November next to show cause, if any exist, why said will should not be proven in solemn form and entered of record as the last Will and Testament of said deceased, and that letters testamentary issue in terms of the Law. This 14 day of October 1905. John E. McLean, Petitioner Fayette Court of Ordinary At Chambers Oct 14, 1905 Upon Reading and considering the foregoing Petition, it is ordered that John E. McLean, Walter McLean of Coweta County, Ga. And Mrs. Vada Roberts, Mrs. Sallie Stephens, Odd McLean & Dallie Foster of Fayette County, Ga. Appear before the court of Ordinary to be held in and for said County on the first Monday in Nov next then and there to show cause, if any exist, why the paper offered for probate by the Petitioner John E McLean as the last Will and Testament of H. S. McLean late of said County, deceased, should not be proven in solemn form and admitted to record as the last Will and Testament of said deceased and it is further ordered that the said John E. McLean, Vada Roberts, Sallie Stephens, Odd McLean, Dallie Foster and Walter L. McLean, be served personally with a copy of the within Petition and this order at least ten days before the next Nov. term of this Court of Ordinary this 14 day of October 1906. Page 31 Georgia, Fayette County J. E. McLean having applied as executor for probate in solemn form of the last will and testament of H. S. McLean, of said County. You as one of the heirs at law, of said H. S. McLean are hereby required to appear at the court of Ordinary for said county on the 6 day of Nov. 1905, next when said application for probate will be heard this 14 day of Oct. 1905. S. S. Lewis, Ordinary Georgia, Fayette County I acknowledge due and legal service of the within petition order and will and waive copy process this 14 day of October 1905. Sallie A. Stephens John E. McLean Georgia, Coweta Co. I have this day served W. L. McLain one of the heirs at law of H. S. McLain, late of Fayette County deceased with a copy of the within petition will and order of the court of Ordinary. This Oct 23 1905. J. L. Brown/Shff Coweta Co., Ga. due and legal service acknowledged and copy process by a lawful officer waived this 14 day of Oct 1905. Odd McLain Vada Roberts Served Dallie Foster one of the heirs at law of H. S. McLain deceased with a true copy of the within Petition Order and will personally. This the 24 day of October 1905 F. B. Brown, Sheriff State of Georgia, Fayette County December 14, 1900 I H. S. McLean do make this my last will and testament Any debts that I may owe that enough of my perishable property be sold to pay them. I will and bequeath to my son John E. twenty five acres of land that he now holds in Coweta. I will and bequeath to my daughter Cleo Vadah $250.00 two hundred and fifty dollars that I paid on the place that she now lives on. I will and bequeath to my daughter Sallie A. twenty acres that she now lives on. I will and bequeath to my son Odd twenty five acres on the East of my residence and joining lands of Wm. Walls. I will and bequeath to my daughter Dallie A. twenty five acres on the east of my residence and joining lands that I give to my son Odd. I will and bequeath to my son Walter L. twenty five acres that I own in Coweta County joining lands that his Mother willed to him also joins lands on the west by his brother John E. My remaining lands with my residence I will and bequeath to my wife Nancy until her death then I desire it sold and the proceeds divided equally between all of my children. Page 32 I appoint my son John E. as my executor to see that my wishes are carried out. I also appoint him as Guardian for my son Walter L. McLean but wish him to let Walter live with his Mother during her lifetime or until he attains his majority. I do also appoint him as guardian for Dallie A. until she attains her majority or married. Signed in the presence of , H. S. McLean R. P. Minter J. C. Stephens W. A. Vandevender N P State of Georgia, County of Fayette Before me came R. P. Minter, named as a witness to the within writing purporting to be H. S. McLean's last Will, and being sworn saith that he with J. C. Stephens and W. A. Vandevender at the request of H. S. McLean and in his presence and in the presence of each other, did attest as witnesses the within writing as H. S. McLean's will that the same was signed and published by H. S. McLean in their presence as his last will, that he was at the time of said attestation and signing by him of sound and disposing mind and memory that he executed the within paper voluntarily. This the 29 day of Nov. 1905 . R. P. Minter S. B. Lewis, Ordinary State of Georgia, County of Macon Before me came J. C. Stephens named as a witness to the within writing purporting to be H. S. McLean's last will, and being duly sworn saith that he with R. P. Minter and W. A. Vandevender at his request of H. S. McLean and in his presence and in the presence of each other did attest as witnesses the within writing as H. S. McLean's will, that the same was signed and published by H. S.McLean in their presence as his last will, that he was at the time of said attestation and signing by him of sound and disposing mind and memory that he executed the within paper voluntarily. Sworn to and subscribed before me this 17 day of Nov 1905. J. C. Stephens J. S. Elmore, Ordinary Page 33 State of Georgia, County of Meriwether. Before me came W. A. Vandevender named as a witness to the within writing purporting to be H. S. McLean's last will and being duly sworn saith that he with J. C. Stephens and R. P. Minter at the request of H. S. McLean and in his presence and in presence of each other did attest as witnesses the within writing as H. S. McLean's Will that the same was signed and published by H. S. McLean in their presence as his last Will, that he was at the time of said attestation and signing by him of sound and disposing mind and memory that he executed the within paper voluntarily. Sworn to and subscribed before me this 14 day of Nov 1905. W. A. Vandevender Jas. C. Anderson, J. P. Fayette Court of Ordinary, Nov. Term 1905 The above Petition of John E. McLean nominated executor of the last alleged will of H.S. McLean duly filed; having been supported by proper proof of R. P. Minter, J. C. Stephens, W. A. Vandevender , witnesses to said Will, that said H. S. McLean died a resident of said County that they R. P. Minter, J. C. Stephens and W. A. Vandevender witnesses saw him sign and heard him publish the alleged will as his own last will that they attested the same as witnesses at his request and in his presence and at his request that said H. S. McLean was at the time of said signing and attestation of sound and disposing mind and memory, and did in the execution of said will act freely and voluntarily, It is ordered that the same be duly recorded, having been duly proved in solemn form, and that letters testamentary Issue to Jno. E. McLean upon his taking the usual oath of office. S. B. Lewis, Ordinary