Hall County GaArchives Court.....Grant, John December 3 1891
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Jacqueline King fammaw51@yahoo.com November 6, 2004, 11:08 am

Source: Hall County Probate Court, Gainesville, Georgia
Written: December 3 1891

Miziah E. Clark and Sarah Ann White vs. Hiram Grant, Executor of the Last Will 
and Testament of John Grant, deceased (December 1891)

GEORGIA
HALL COUNTY

To the Court of Ordinary of Said County:

The petition of Miziah E. Clark of the county of Cherokee and Sarah Ann White 
of the county of Gordon shows that they are children and heirs at law of John 
Grant late of said Hall County deceased.

Petitioners further show that said John Grant departed this life on the 7th day 
of May 1891 in said Hall County leaving as his heirs at law his six children to 
wit: J. I. Grant, John Grant, Francis Jane Grant, Emily Indiana Grant and your 
petitioners, Meziah E. Clark and Sarah Ann White.

Petitioners further show that said John Grant died intestate leaving no valid 
Will.

They further show that on the 5th day of October 1891 one Hiram Grant presented 
a paper to the court of Ordinary purporting to be the last Will and Testament 
of said John Grant deceased.  That upon affidavits of M. Cox, J. W. Smith and 
Phillip Grant the three Subscribing Witnesses to said paper the same was 
probated and admitted to record as the last Will and Testament of said John 
Grant deceased.  That said probate was in common form and no notice was given 
to petitioners of the proceedings to have said paper probated.

Petitioners further show that said John Grant left a valuable estate in said 
county  consisting of both land and personal property.  That by terms of said 
pretended Will your petitioners are cut off from any participation in the 
benefits of said estate only one dollar being devised to each of them by said 
paper.

Petitioners further show that they had no notice of any proceedings to probate 
said pretended Will that if they had received sufficient notice they would have 
at once filed a caveat to said proceedings.  That said pretended Will is not 
the last Will and Testament of their father the said John Grant deceased.  That 
at the date that said pretended Will purports to have been executed said John 
Grant was old and in a very poor state of health; that his power of mind was 
almost wholly gone.  So much so as to exclude any possibility of his having 
decided as to the disposition of his property.  That said deceased was not 
possessed of sufficient strength of mind to enumerate the different articles of 
his own property nor the names of his children and hence was incapable of any 
rational action in disposing of his property.

That said John Grant in his weak and enfeebled condition of body and mind was 
the victim of undue and improper influence exerted upon him by the legatees in 
said Will.

That he was unable to resist their entreaties and that said paper admitted to 
probate as the Will of John Grant deceased is not his will but is the product 
of a plot on the part of the other legatees to exclude your petitioners from 
any part in the estate of their father.  That said paper was probated in common 
form without any notice whatever to petitioners in order to present the filing 
of a caveat to the motion to probate.

Petitioners further show that they desire to be allowed to make proof of their 
facts to the court in order that said Will may be declared void and set aside.

Wherefore the petitioners pray that this court issue a Rule requiring Hiram 
Grant the qualified Executor under said pretended Will to come into court and 
bring with him said Will and show cause before this Court at such time as your 
Honor may think best why said Will should not be probated in Solemn form after 
legal notice to all the parties in interest as required by law.

And your petitioners will ever pray,

Signed: Samuel C. Dunlap
           W. L. Telford
           Petitioners Attorneys


Georgia
Cherokee County

You, Meziah E. Clark do swear that the facts in the foregoing petition are true 
to the best of your knowledge and belief.

Sworn to and subscribed before me this 3 day of December 1891

Witness Signed: J. T. Heard J. P.

J. L. Haygood



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