Jefferson-Burke County GaArchives Wills.....Pierce, William A February 5 1895 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Beverly Black http://www.genrecords.net/emailregistry/vols/00012.html#0002902 September 28, 2004, 2:47 am Source: Office Of Ordinary Jefferson County, Georgia Will Box P Written: February 5 1895 COURT OF ORDINARY, JEFFERSON COUNTY, GEORGIA MAY 7, 1895 PETITION ORDER TO PROBATE WILL OF WILLIAM A. PIERCE Filed with office May 6, 1895, Cain & Polhill, Attorney (Copied from Jefferson County Ordinary’s Office by Beverly Walden Black in 2003) Georgia, Jefferson County: I, William A. Pierce, being of sound and disposing mind and memory do make this my last will and testament. Item first: I give, bequeath and devise to the immediate relations and their lawful heirs, of my first wife, Lizzie Tyson Pierce, now deceased, a one half interest in my entire estate both real and personal, this one half interest to be divided equally between the heirs of James Leaptrot now deceased, Chloe Ann McNeely now in life and Elizabeth Chestnut now in life. Item second: I give, bequeath and devise to all the brothers and sisters alike, now living, of my second wife Sarah Walden Pierce, now deceased, the remaining half interest in my entire estate both real and personal, to be divided among them viz: Frank Walden, Eb Walden, Josh Walden, Jim Walden, John Walden, Sam Walden, Bob Walden, Margaret Walden, Della Walden, part and part alike of this one half interest. Item third: It is my will that at my death the executor hereafter named shall wind up and sell my estate both real and personal and make ?????last will and testament above written. Item fourth: I hereby constitute and appoint my last wife’s brother, Sam Walden, Executor of this my last will and testament. This the fifth day of February 1895. Signed William A. Pierce Signed, declared and published by William A. Pierce, as his last will and testament in the presence of us, the subscribers, who subscribed our names hereto, in the presence of said testator (at his instance and request) and of each other, he directing his name to be signed in our presence and our signing in his presence. R. H. Hardeman J. W. Harden R. U. Rhodes Researcher’s Note: This Will is not indexed or recorded in Jefferson County Probate Office. The Will was discovered from the original filing boxes found in the Ordinary’s office and is handwritten by William A. Pierce and appears to be an original. Researcher continued It is of the opinion of the researcher that the legal names of the WALDEN brothers and sisters named in this will are as follows: Mitchel Franklin “Frank” Walden, Ebenezer Mitchell “Eb” Walden, Jesse Joshua “Josh” Walden, Albert Samuel “Jim” Walden, John Lane Walden, Samuel Mitchel “Sam” Walden, Robert L. “Bob” Walden, Margaret N. Walden, and Della Walden. Researcher notes continued: It appears William A. Pierce and Elizabeth Tyson did not have children. The non-Walden heirs are most likely Elizabeth’s sisters. They are found living with a Henry Garrett prior to William Pierce’s death, which appears to be a second marriage for Elizabeth Tyson’s mother. This information is not confirmed and has not been researched further. A suit was filed in Jefferson County by the parties of the first part, Sarah E. McNeely and J. J. Leaptrott against Samuel Walden, the Executor for not carrying out his duties: Ordinary Minutes, Book C, page 286 – S. E. McNeely & J.J. Leaptrott vs. S. M. Walden, Executor W. A. Pierce, deceased. The petition of Mrs. S. E. McNeely and J. J. Leaptrott etal shows the following facts: 1st that S.M. Walden is the lawful executor of the last will and testament of W. A. Pierce late of said county deceased and that your petitioners are legatees under said will. 2nd Your petitioners further show that said executor is mismanaging said estate in this to wit that he has collected as said executor the sum of three hundred dollars and that he has not paid any of the bills of said estate and that he has appropriated to his own use some two hundred dollars of said sum belonging to the said estate and that he cannot account for the same and that the said Walden is absolutely insolvent. 3rd Wherefore petitioners pray that a rule may issue against said executor requiring him to show cause why he should not be required to give bond and security for the faithful performance of his duties as executor or in default thereof be removed from said trust. R. Hardeman, Petitioner. Upon reading and considering the foregoing petition it is ordered that the said S.M. Walden be and appear at the next term of the court of ordinary for said sounty to be held on the first Monday in July next then and there to show cause why he should not be required to give bond and security as prayed for in said petition or be removed from his executorship and it is further ordered that a copy of this petition and order be served personally upon the said S.M. Walden at least ten days before the next term of said court. This June 1, 1897 A. H. Worthen, Ordinary Georgia, Jefferson County To the Honorable the Court of Ordinary of said County: The petition of Sam Walden respectfully sheweth that William A. Pierce late of said county, deceased, departed this life Testate, that your Petitioner is by the last Will and Testament of said deceased duly appointed and charged with the execution of the same, that the same is now in this Court, and that J. U. Harden one of the witnefses to said Will is present ready to prove the execution thereof. Your Petitioner therefore pray that said Will be probated and admitted to record, that Letters Testamentary and Warrant of Appraisement do ifsue to Sam Walden and as in duty bound will ever pray. Cain & Polhill Attorney for Propounder. Georgia, Jefferson County In open Court appeared Sam Walden Executor of the last Will and Testament of William A. Pierce deceased, and produced the said Will and Testament of said William A. Pierce and one of the witnefses of said Will to wit: J. U. Harden who being duly sworn, deposes and says that he saw William A. Pierce the Testator sign, seal, declare and publish the instrument now presented as his last Will and Testament freely, voluntarily and without compulsion, or undue influence; that at the time of the execution of the same said Testator was of sound and disposing mind and memory. That deponent signed said Will as witness in the presence of the Testator at his special instance and request, and in the presence of R. N. Hardeman & R. U. Rhodes the other witnesses & who signed as witnesses in his presence of each other. Whereas Sam Walden duly appointed Executor of the last Will and Testament of William A. Pierce deceased has had said Will probated in Common form and pray the record thereof, therefore it is ordered that the same be admitted to record, and filed in office, that Letters Testamentary and Warrant of Appraisement issue upon his taking the oath prescribed by law. T. F. Canes, Ordinary State of Georgia, Jefferson County. Know all men by these presents, that we S. M. Walden Executor of the last Will and Testament of W. A. Pierce, Dec’d as Principal, J. J. Walden, A. S. Walden, J. B. Williams securities, are held and firmly bound unto the Ordinary of said County, and his successors in office, and assigns, in the just and full sum of Twelve Hundred Dollars for the payment of which sum to the said Ordinary, and his successors in office, we bind ourselves, our heirs, executors and administrators, in the whole and for the whole sum, jointly and severally, and firmly by these presents. Sealed with our seals, and dated this 24th day of June 1897. S. M. Walden (his mark) J. J. Walden A.S. Walden J.B. Williams Signed in the presence of W. R. Thompson N.P. & Ex Off. J.P. Approved by A. M. Warthen Ordinary J.C. Researcher notes: Samuel M. Walden, Executor of the Estate of William A. Pierce is found in no other record after June 1897 and is not located in the 1900 census. Earlier in October 1893 S. M. Walden deeded Angelou S Walden Lot 2 of the Estate of Mitchell Walden containing 77 ½ acres (recorded Nov 14, 1893/Jefferson County Clerk of Court). Witness: E. M. Walden; BAJ Kitchens JP. Although no marriage record is found, it is believed Samuel M Walden married Angelou Kitchens about 1890-95 in Jefferson County, daughter of Rev. Benjamin A J Kitchens (1840 Warren County, Georgia) and Amey Miranda Harrison (1841). Angelou Walden is found a widow in 1900 Jefferson County census living with her parents, mother of 2, 0 children living. On 29 April 1908 Mrs. Angelo Walden married W A Brinson in Jefferson County. A William A. Brinson died 1 Feb 1910 age 62 buried Brinson Cemetery Jefferson County, Georgia. 1910 Jefferson census Angelo Brinson age 36 widow is living with Aaron J Johnson 44 and wife Susie age 46. BAJ Kitchens had a daughter Susan Missouri born c 1862. Aaron Johnson appears to be Angelo Walden Brinson’s brother in law. 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.usgenwebarchives.org Additional Comments: This Will is not officially recorded in Jefferson County, Georgia but was found in the original Will Box "P" in the Office of Ordinary. It was filed with attorneys Cain & Polhill May 6, 1895. File at: http://files.usgwarchives.net/ga/jefferson/wills/nwl30pierce.txt This file has been created by a form at http://www.genrecords.net/gafiles/ File size: 10.2 Kb