Will (& Probate) of Thomas T. Ellison 28 Apr 1885 No 355: Georgia } Floyd County } To H. J. Johnson Ordinary of said County The petition of E. B. Ellison shows that on the 24th day of April 1888 Thos. T. Ellison late of said County -- departed this life after having made and published a last will and testament of which he nominated your petitioner the Executrix. Your petitioner shows that the heirs at law of said deceased are your petitioner and the following named children and representatives of children, To wit -- J. R. Ellison, J. A. Ellison, Mrs. C. V. Killen, G. T. Ellison, J. W. Ellison, C. S. Ellison, W. R. Allen, G. T. Allen, J. H. Allen, Aurelia Allen, Lila Allen, Mrs. Augusta Smith, Mrs. Virginia Reed, Mrs. J. A. Horsley, Mrs. J. A. Stapleton, Varina Killen & Julia Killen, The two last named being minors. Your petitioner produced said will in Court, and prays that it may be proven in solemn form to the end she prays that the Heirs at law of said deceased as afore named be cited to appear at the Term of the Court of Ordinary for said County to be held on the first Monday in August next and show cause if any exists, why said will should not be proven in Solemn form & admitted to record as the last will and testament of Said deceased and that letters testamentary issue to Petitioner in terms of the law. Elizabeth B. Ellison Floyd County of Ordinary At Chambers July 1888 Upon hearing and considering the foregoing petition It is ordered that a copy of the following notice be served upon each one of the heirs named in said petition --- Georgia Floyd County To R. I. Ellison, J. A. Ellison, C. V. Killen, G. T. Ellison, Mariah Anderson, J. W. Ellison, C. S. Ellison, W. R. Allen, J. T. Allen, J. H. Allen, Aurelia Allen, Lila Allen, Mrs. Augusta Smith, Mrs. Virginia Reed, Mrs. J. A. Horsley, J. S. Stapleton, Varina Killen and Julia Killen, Mrs. E. B. Ellison having applied for the Probate of the will of Thomas T. Ellison to which she claims to be the Executors, being so named in said will, You and each of you are Cited to be and appear at the Ordinary's Office in Rome Floyd County Ga. At the regular August term 1888 of the Court of Ordinary for Floyd County it being the first Monday in said month to attend the probate of said will of you so desire. This 9th day of July 1888. H. J. Johnson, Ordinary Georgia, Floyd County To R. J. Ellison, J. A. Ellison, J. W. Ellison, C. S. Ellison, G. T. Ellison, C. V. Killen, Varina Killen, Julia Killen, Mrs. Mariah Anderson, Mrs. J. A. Horsley, W. R. Allen, G. T. Allen, J. H. Allen, Aurelia Allen, Lila Allen, Mrs. Virginia Reed, Mrs. Augusta Smith, & J. L. Stapleton, Mrs. E. B. Ellison, having applied for the probate of the will of Thos. T. Ellison to which she claims to be the Executrix, being so named in said will, you and each of you are cited to be and appear at the Ordinary's Office, in Rome Floyd County, Ga. At the regular Aug Term 1888 of the Court of Ordinary for Floyd County it being the first Monday of Said month to attend the probate of said will if you So desire, This 9th day of July 1888 H. J. Johnson, Ordinary Served Mrs. Augusta Smith, G. T. Allen, Mrs. Virginia Reed, J. H. Allen, Aurelia Allen, and Lila Allen, with a Copy of the written notice on the 14th day of July 1888 W. R. Allen Service acknowledged and copy and all other further notice of Service waived this July 9th 1888 R. J. Ellison Served J. A. Ellison with a copy of the written notice on this 11th day of July 1888 -- Served Mrs. Mariah Anderson with a copy of the written notice on the 13th day of July 1888. C. S. Ellison Service acknowledged and Copy notice and all other and further notice of Service waived. July 10th 1888. J. W. Ellison C. S. Ellison Served Mrs. J. L. Stapleton, Mrs. J. A. Horsley, Julia Killen, Varina Killen, & Mrs. C. V. Killen with a copy of the written notice July 12, 1888. R. J. Ellison Served G. T. Ellison with a copy of the written notice on the 30th day of July 1888. C. S. Ellison Floyd Court of Ordinary August Term 1888 It appearing to the Court from the petition of Mrs. Elizabeth. B. Ellison the nominated Executrix of the last will and testament of Thos. T. Ellison deceased to prove said will in Solemn form, that Varina Killen and Julia Killen heirs at law of said Thomas T. Ellison, are minors and without a Guardian, and should be made parties to the proceedings for probate of said will. It is ordered by the Court that Geo. L Payne be and he is hereby appointed Guardian ad litem (He Consenting thereto) of the Said Varina Killen & Julia Killen to represent said minors upon such probate and he is hereby invested with full power and authority to represent said minors in said proceedings to have said will proven in Solemn form. H. J. Johnson, Ordinary I Georgie L. Payne hereby agree & Consent to be & become the Guardian Ad Litem for Varina Killen & Julia Killen minors and heirs at law of Thomas T. Ellison dec'd in the proceedings now Pending in the Court of Ordinary of Floyd County to have the Will of said Thomas T. Ellison proven in Solemn form. Geo. L. Payne Service acknowledged copy process & all further service waived. August 6th 1888 Geo. L. Payne Floyd Court of Ordinary August 6th Term 1888 Upon hearing the petition of Elizabeth B. Ellison for the probate in Solemn form of the paper propounded by her as the last will and testament of Thomas T. Ellison late of said County deceased and for its admission to Record as such, and it appearing that J. R. Ellison, J. A. Ellison, Mrs. C. V. Killen, G. T. Ellison, J. W. Ellison, C. S. Ellison, W. R. Allen, G. T. Allen, J. H. Allen, Aurelia Allen, Lila Allen, Mrs. Augusta Smith, Mrs. Virginia Reed, Mrs. J. A. Horsley, Mrs. J. A. Stapleton, Varina Killen, & Julia Killen, the two last named being minors, al the heirs at law of said deceased have had legal notice of said application and the time of hearing, and have failed to show any legal and sufficient cause why said paper should not be proven and admitted to record as the last will & testament of said deceased, and it further appearing that Geo. L. Payne was duly appointed Guardian Ad Litem, for the said Varina Killen & Julia Killen to take part in said proceedings to Probate said Will and no objections being mode or offered by the said Geo. L. Payne as such Guardian, It is therefore ordered and adjudged by the Court upon the proof of said will by all the witnesses to said Will, (they being examined only) that the same be set up as the last will and testament of said deceased, and be admitted to Record as such, and it is further ordered that letters testamentary issue to the said Elizabeth B. Ellison the Executrix named in said will upon her taking the oath as required by law. This August 6th 1888 H. J. Johnson, Ordinary In the name of God Amen, I Thomas T. Ellison of the County of Floyd and State of Georgia, being of sound and disposing mind and memory and being desirous to settle my worldly affairs while I have strength to do so, do make and publish this my last will and Testament hereby revoking all wills made by me at anytime heretofore. First - I commit my Soul to God who gave it, my Body I desire to be decently buried and my worldly estate I dispose of as follows. First -- I desire my just debts paid and the remainder of whatever property, real and personal, I may be in possession of at the time of my decease. I hereby give and bequeath as follows, To my wife Elizabeth B. Ellison, ad my children by her viz. Joseph W. Ellison and Chas. S. Ellison, I give and bequeath the entire remainder of my property Real and personal to be equally divided between them at such time as they may mutually agree upon -- Lastly having full confidence in said Elizabeth B. Ellison doing justice I appoint Executrix to this my last will, In Witness whereof I said Thos. T. Ellison to this my last will and testament Consisting of one sheet of paper have set my hand and seal this 28 April 1885 Thomas T. Ellison We undersigned subscribing witness to this the last will and testament of Thomas T. Ellison do Certify that at the special instance of and request of Ellison we became and are subscribing Witnesses, that in our presence he signed sealed and executed the same, and that we saw him do so, and that he is of sound mind and disposing memory, & that we saw each other sign this instrument as subscribing witnesses in presence of said Testator This April 28 1885 Jake C. Moore Wm. E. Byseigel H. E. Ross Elizabeth B. Ellison, Executrix } of } Letters Thomas T. Ellison } Georgia, Floyd County By the Honourable the Ordinary of said County To all whom these presents shall come or be made Known --- Greeting -- Know you that on the 6th day of August in the year of our lord one thousand Eight hundred and Eighty Eight, the last will and testament of Thomas T. Ellison of said County, deceased was exhibited in open Court and in Common form of law, proved any admitted to Record, a copy of which is hereto annexed, and administration of all and Singular & the Goods, Chattels, Credits, Sands and tenements of said deceased was granted to Elizabeth B. Ellison, the Executrix in and by said Will named and appointed you having first taken the oath & performed all other requisites required by law, she by order of said Court, and by virtue of these presents legally authorized to administer the Goods, Chattels, Credits, Sands and Tenants of said deceased, according to the tenor and effect of said will and testament and according to law and she is hereby required to render a true and perfect inventory of all & Singular the Goods, Chattels, Credits, lands, and ten____of the said deceased appraised and returned to this Court according to law and to render a true and Correct account to the Ordinary of said County of Floyd her actions and doings, yearly until her administration is fully completed. In witness whereof I have hereunto set my hand and affixed the seal of office this 7th day of August 1888 H. J. Johnson, Ordinary From Floyd County, Georgia Will Book C 1871-1892 Pages 399-404, Number 355 =================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Nancy Gilstrap Mann ====================================================================