Schley-Sumter-Marion County GaArchives Wills.....Cottle, Ebenezer J. November 7, 1842 ************************************************ 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: Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 November 29, 2006, 10:30 am Source: Orig. Documents, Schley Co. Courthouse Written: November 7, 1842 From the transcriber: The following transcriptions were amongst some of the cache of very old documents recently found in the crawlspace beneath the Schley county courthouse. They are indeed in very bad condition. The pages of the document itself were actually fused together from many years of humidity and bugs, etc. The pages were carefully pried apart and due to their age, there were many tears, but I think there is enough here to be of use to researchers. It includes the will of Ebenezer J. Cottle (dated 1842) which had damage but is easily understood. This tells us much about the Cottle and Battle families involved. I speculate that the Mary L. Cottle Hart mentioned here several times is the same as Mary E. Hart that is the subject of another lawsuit in 1883, that being the case of Wiggins vs. Hart, which bears a remarkable similarity to the charges against her in the case below. Interested persons may read this other case at: http://files.usgwarchives.net/ga/schley/court/wigginsv487gwl.txt GEORGIA SCHLEY COUNTY To the honorable C.F. Crisp, judge of the Superior Court of the South Western Circuit and entertaining chancery jurisdiction thereof. Honorably complaining, showeth unto your honor your orators Oscar Battle of the county of Terrell, Joseph Battle of the county of Talbot and oratrix C. Hudson (wife of W.R. Hudson) of the county of Schley, all children and heirs at law of Elizabeth Battle (Transcriber’s note: Elizabeth Battle, nee Cottle was 1st wife of Elder Warren R. Battle), deceased, formerly Elizabeth Cottle, and orators Cullen Cottle and James Cottle and (paper incredibly discolored, perhaps two lines of handwritten words indiscernible) that heretofore to wit: the (blank) day of November 1844, Ebenezer J. Cottle, then of the county of Sumter, departed this life leaving a large estate consisting of land, negro slaves and other personal property mostly situated in Marion (?) was then Sumter then Schley county. A copy of (unreadable) will is hereto attached as (unreadable) and marked as exhibit “A”. Orators complaining show that Ebenezer J. Cottle left a widow Nancy and nine children surviving—to wit: Thomas P. Cottle, Mrs.(?) E.J. Cottle, Cullen H. Cottle, Elizabeth Cottle (who afterwards married Warren Battle), E.J. Cottle, Sarah S. Cottle, Mary L. Cottle, Solomon M. Cottle and Obediah J. Cottle. That the said will was duly (unreadable) by the Court of Ordinary of Sumter county & John Woods (Transcriber’s note: on the 1850 Sumter census, John Woods, with wife Louisa and children Martha & Jackson is living three doors from Nancy Cottle.) and said Nancy Cottle qualified as Executor and Executrix, that by the terms of said will the entire estate, real and personal, was to be divided into two equal shares, one share to go to the widow during (unreadable) life or widowhood, and the other half to be equally divided among the children of said Ebenezer J. Orators show that by virtue of an order granted by the court of Ordinary of Sumter County the estate was divided one half to the widow and the other half to the children. Orators further show that Nancy Cottle remained a widow until her death which occurred in March 1878. Of the property which she received under said will, she died in possession of the following lands: lot no. 202, parts of lots 201, 203, 214, 215 and 235, all the 30th district of Schley county containing 877 acres more or less and orators submit that under said will at the death of said Nancy said land was subject to be divided between the nine children aforesaid and their lawful representatives. And the said Ebenezer J. Cottle owes no debt. All of the debts of said estate being paid by his Executors and there is no reason that said land could not be divided. Orators show that Thomas P. Cottle resides in the state of Alabama. Cullen H. Cottle has departed this life leaving a family (torn, couple of words missing) reside in the state of Louisiana. Sarah S. and John E.J. died without leaving any issue then living. Elizabeth Battle died leaving orator and oratrix first named as her heirs at law, and E.J. Cottle died leaving your orator and oratrix last named as his heirs at law. O.J. Cottle (resides in?) the county of Marion and Solomon and Mary L., now the wife of A.T. Hart, resides in the county of Schley. Orators show that after the death of the said Nancy to wit on the ---- day of - ---- 1878, the said Solomon M. Cottle and the said Obidiah J. Cottle made application to the court of Ordinary of Schley county and were appointed administrators of the estate of the said Ebenezer J. Cottle, deceased, giving as Sctys., on their bond as administrators one Hansel Beckwith of the county of Schley and one Samuel W. Smith of the said county of Schley. (Torn) death of the said Nancy, the said Solomon M. and the said Mary L. and her husband have been in the possession of said lands, converting and appropriating the rents, issues and profits thereof to their own use and they refuse to allow your orator and oratrix to be and accompany (unreadable) thereof. Orator further charges that Solomon M. and Obediah J. the administrators are utterly insolvent and know (?) to (unreadable) to your orator in (unreadable) that the securities in this bond to wit the said Hansel Beckwith and the said Samuel W. Smith are utterly insolvent and unable to (unreadable) in (unreadable) and that if the proceeds of said land are allowed to go into the hands of said administrators the entire estate will be wasted and none of the heirs will receive anything except the said Solomon M. and O.J. and Mary L. And Orators charge that the said Solomon M., Obediah J. and Mary L. with her husband Aaron T. Hart have combined and confederated together with the purpose of appropriating the entire estate to their own use exclusive of the other lawful heirs most of which reside in distant states and are unable (unreadable). Orators show that as part of the (unreadable) the said Solomon M. & Obediah J. openly admit that none of the children of the said Ebenezer J. are entitled to participate in the distribution of his estate except the said Mary L. and said Seber(?) and to this end they have applied to the court of ordinary of Schley county for an order to sell the said 870 acres of land and said land was advertised to be sold on Friday the 5th day of the seventh(?) month for cash. Orators further show that the said Solomon M. in the lifetime of said Nancy, executed mortgages on a portion of said land and the same would not (torn) its time (unreadable) with the mortgages (torn) unsatisfied. Orators show that the land is easily susceptible of division among the heirs, that if sold at the time advertised it will be (unreadable, three words) of the heirs that reside out of this state and no notice of (unreadable) and could not be present to ensure the land brings its value and that those who are in the states named not bid and it would be dangerous and indeed serious for the money to be paid over to said administrators, they and their securities being utterly insolvent. Therefore expressly waiving discovery of the motion (unreadable) charged the (unreadable) considered. May it please your honor to grant to your orator and oratrix the stated writ of injunction to be directed to the said Solomon M. and the said Obediah J. Cottle enjoining and restraining them, their agents and employees from selling or offering for sale the lands herein mentioned. And may it please your honor to appoint some fit and proper person, receiver, to take charge of said land, the rents, issue and profits thereof and hold the same until such time as the lands can be divided among the heirs at law. And may it please your honor to decree that the land mentioned (be?) divided among the several heirs at law and may it please your honor to grant the stated writ of subpoena to be directed to the said Solomon M. Cottle and Mary L. Hart of the county of Schley and the said Obediah J. Cottle of the county of Marion requiring them to be and appear at the next term of Schley Superior court there and then to stand by and perform the petition order and decree of this favorable court and to appoint(?) other sibling as to your honor may see fit & (unreadable, several words) considered & orators will ever pray. J.B. Hudson B.F. Hollis Court (unreadable) GEORGIA SUMTER COUNTY Tom(?) Oscar Battle answers (unreadable, several words) set forth in the foregoing bill are true so far as they come within your own knowledge as concerns your own deed and so far as derived from information from others you believe them to be true. T.O. Battle Sworn to and subscribed before me this Mar 2, 1878. (Totally unreadable signature), N.P. GEORGIA SUMTER COUNTY In the name of God, Amen. I Ebenezer J. Cottle of the state and county aforesaid being low in health but in a sound mind and knowing that I am mortal and must die sometime and wishing to settle my affairs to the benefit of my family before my decease to which I now proceed as follows: 1st—I will and bequeath my soul to God who gave it to me. 2nd--- I will and bequeath my body to the dust from whence it came. And as to (torn) affairs I will and bequeath first of all that the (torn) is due to me be collected and all of my just debts paid (torn) of it. In the next pla (torn) I bequeath that said lands (torn) I now reside and where my plantation is and my interest in the mill and plantation attached to it and the negroes thereon remain as they are and our half of said plantation(?) and negroes to belong to my wife Nancy Cottle during her lifetime of widowhood and the other half to my children but bequeath it all to remain together and the profits arising there from to go to the use and benefit of my family till such time as my children come of age and I bequeath that whenever one comes of age and calls for his (torn) that it shall be dealt (torn) to him or her according (torn) valuation. My present (torn) cotton I bequeath to (torn) in market as family (torn) the use and benefit for my family and my cow, fodder and pork I bequeath to be kept on the plantation for the use and benefit of my family, my horses, mules, cattle, hogs, oxen, cart and wagon, plantation, household and kitchen furniture I bequeath to remain on the plantation to be disposed of the same way that my land and negroes is to be. The remaining part of my property is to be sold and the price equally divided between my wife and children. I do by these presents constitute and appoint my wife Nancy Cottle to be my executrix and John Woods and son John E. J. Cottle to be my executors to execute this my last will and testament. Where unto I set my hand and seal this seventh day of November 1842. E.J. Cottle (L.S.) Signed in the presents of these witnesses: Joseph Gilpin John Harper David W. Irvin At Chambers 2nd November 187(torn) Read & Sanctioned. The respondents will show cause before me at my office in Americus on Friday, the 8th day of November present why the injunction prayed for should not be granted, and until the hearing the respondents are restrained and enjoined as prayed for under such presently as may be imposed. C.F. Crisp NCSWC 8 Jan. 1878 Upon reading the (unreadable) applied for injunction after hearing Executor(?) & argument it is ordered that the injunction prayed for be and the same(?) is hereby refused. C.F. Crisp ?CSWC NOTES: Ebenezer Cottle, Jr. married Amanda T. Murray in Sumter Co., 2 Aug 1850. W.R. Battle married S.C. Battle in Schley Co. 28 Nov. 1877 http://files.usgwarchives.net/ga/schley/court/wigginsv487gwl.txt Wiggins vs. Hart Aaron T. Hart & Mary Cottle were issued a marriage license in Sumter Co. 25 Apr 1857. File at: http://files.usgwarchives.net/ga/schley/wills/cottle514gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 12.6 Kb