Georgia: Walton County: Last Will & Testament of Marguret A. Dalton 15 October 1906 ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store this file permanently for free access. This file was contributed by: Cindy Norwood Ladyluc91@aol.com ==================================================================== State of Georgia, Walton County Last Will and Testament p. 224 (this was hand written in the book) Last Will and Testament of Marguret Ann Dalton I, Marguret Ann Dalton of said State and County being of sound and disproving mind and memory do make this my last will and testament. Hereby revoking all wills here to fore made by me. Item 1st: I wish my execution, herein after named, as soon as possible after my death to pay my just-debt. I desire and wish that my body, shall be buried in a decent-and Christian like manner and then my executor shall pay all my burial expenses out-of my estate. Item 2nd: I give and bequeath and devise to my grandson Willie Benjamin Dalton all my property of every kind and description after my death, which will include all my household and kitchen furniture of every description all my other personal property, horses, mules, cows, hogs, buggy, fowls, money notes and accounts of every kind and all other personal property I may own at the time of my death free from all charge of limitation what ever to his own proper use and benefit. Item 3rd: I hereby constitute and appoint my daughter Mary M. Dalton executrix of this my last will and testament this 15th day of October 1906. M.A. Dalton Signed declared and published by Marguret Ann Dalton as her last will and testament in the presence of us the subscribers, who subscribe our names thereto in the presence of said testator, at her instance and request and in presence of each other, she signing in our presence and we signing in her presence. This October 15, 1906. E.C. Arnold Jno T. Robertson J.O. Lawrence Temporary Letters & Bonds of Administration X-1 Walton Probate Court STATE OF GEORGIA, WALTON COUNTY. By E.C. Arnold Ordinary for said County. Whereas M.A. Dalton late of said County, deceased, died intestate, having whilst she lived and at the time of her death, considerable property within the State; and it being proper, right and necessary that the said deceased should be collected and taken care of, until a citation in due form of law can issue, and it be ascertained to whom the right of administration doth appertain. I do, therefore, here ordain, depute and constitute J.W. Dalton with full power, by the tenor of these presents to collect and take care of the moneys, goods, chattels and other property of the said M.A. Dalton deceased, and the same safely to keep until it can be ascertained to whom the right of administration doth belong; and thereupon the said J.W. Dalton immediately to deliver up the said moneys, goods, chattels and other property to whomsoever the Court shall commit the administration of the Estate of said deceased, agreeably to law. IN TESTIMONY WHEREOF, I have hereunto affixed my signature as Ordinary for said County, and seal of office, this 1st day of July 1911. E.C. Arnold Ordinary Recorded 1 day of July 1911 E.C. Arnold Ordinary Minutes Court of Ordinary, July 3rd Term, 1911 p.84 (below was also hand written) Georgia Walton County To the Hon. E.C. Arnold Ordinary of said County the petition of Joseph W. Dalton shows: 1. That Mrs. M.A. Dalton died in June 1911, that previous to her death she made her will to with: on the 15th day of Oct 1906, in which she nominated as her executrix Mrs. M.M. Dalton. 2. That the said Mrs. M.M. Dalton fail and refuses to qualify as executrix of said will, and that she would be unable to give bond as required by law. 3. That the estate consist of about five hundred dollars worth of personal property, and that it is necessary for the preservation of same shall administration be granted, that temporary letters of administration should be granted to take charge and preserve the same till a permanent administrator can be appointed. 4. Petitioner shows that he is the son of the deceased, and is a creditor of the estate in that he is responsible for her Physicians bill and burial expenses. 5. Petitioner presents herewith the will, prays that the same be probed in common form, that temporary letters of administration with the will annexed be granted and further that Permanent letters of administration be granted to him with the will annexed, and citation issue and be published as required by law for the appointed of permanent administration of said estate with the will annexed. W.O. Dean Attorney for J.W. Dalton Walton Court of Ordinary July 1st, 1911 The application of Joseph W. Dalton for probate in common form of the will of Mrs. M.A. Dalton, and for letters temporary on the estate of Mrs. M.A. Dalton, being before me, and in appearing that the executrix therein named does not qualify and is unable to give the bond required by law, it is therefore ordered that the will be admitted to record as proven in common form on the affidavit of the subscribing witness there to attached, and being satisfied that the letters testamentary (temporary) showed issued on said estate, it is therefore ordered that temporary letters do issue to said J.W. Dalton upon his giving bond and security in the sum of Eight Hundred dollars. This July 1st, 1911 E.C. Arnold, Ordinary Georgia Walton County I, Joseph W. Dalton, do solemnly swear that I will well and truly perform the duties of temporary administrator with the will annexed of the estate of Mrs. M.A. Dalton deceased according to law to the best of my ability and skill. So help me God. J.W. Dalton Sworn to and subscribed before this day July 1st, 1911 E.C. Arnold, Ordinary p. 85 Georgia Walton County J.T. Robertson do swear that I as well as E.C Arnold and J.O. Lawrence saw the within named Mrs. M.A. Dalton sign and publish the with papers as her last will and testament, that I subscribed the same as a witness thereto, at the special request and instance of the said Mrs. M.A. Dalton and in the presence of E.O. Arnold and J.O. Lawrence and the said Mrs. M.A. Dalton signed the will freely and voluntarily and was at the time of signing the same of sound and disposing mind and memory. Jno T. Robertson Sworn to and subscribed to before me July 1st 1911. E.C. Arnold, Ordinary Georgia Walton County I, Jos W. Dalton do solemnly swear that this writing contains the true last will of the within named Mrs. M.A. Dalton, deceased so far as I know or believe, and I will well and truly execute the same in accordance with the laws of this State. So help me God. J.W. Dalton Sworn to and subscribed to before me this July 1st 1911 E.C. Arnold, Ordinary I, Mrs. M.M. Dalton the person named in the will of Mrs. M.A. Dalton as executrix of said will being unable to give the bond required by law and not deserving to be appointed as such executrix of said will do hereby refuse to qualify as executrix. The Ordinary is authorized to appoint Administrators with the will annexed in terms of the law. Mrs. M.M. Dalton (X) [her mark] July 1st 1911 E.C. Arnold, Ordy Minutes of the Court of Ordinary August 7, Term, 1911 p. 97 (handwritten) Georgia Walton County To the Ordinary of said County. The petition of J.W. Dalton respectfully showeth that Mrs. M.A. Dalton resident of said county, departed this life on the 29th day of June, 1911 leaving your petitioner as her next of kin and also leaving an estate of personal property worth the sum of Four hundred dollars, and at the time of her death the said Mrs. M.A. Dalton left a will and that Mrs. M.M. Dalton Executrix refused to qualify and that administration with will annexed should be appointed. Wherefore he prays the issue citation in such cases to issue, in order that he may obtain permanent letters of administration with will annexed on Mrs. M.A. Dalton estate and your petitioner will ever pray. W.O. Dean, Atty July 1st, 1911 Jos W. Dalton Walton Court of Ordinary July 1st 1911, The above petition of Joe W. Dalton that he may obtain letters of administration with will annexed having been read and considered by me, ordered that the usual citation issue. E.C. Arnold, Ordy Georgia Walton County To all whom it may concern, Jos W. Dalton having in proper form appeared to me for Permanent Letters of Administration with the will annexed on the estate of Mrs. M.A. Dalton, late of said County, this is to (illegible) and singular the creditors and next of kin of Mrs. M.A. Dalton to be and appear at my office within the time allowed by law and show cause, if any they can, why permanent administration with will annexed should not be granted to Jos W. Dalton on Mrs. M.A. Dalton estate. Witness my hand and official signature 3rd day of July 1911. E. C. Arnold, Ordy Walton Court Ordinary August Term, Aug 7-1911 Citation having been duly issued and published, requiring all and singular next of kin and creditors of M.A. Dalton deceased, late of said County, to appear at this time and show cause, it they can, why Permanent Letters of Administration should not be granted to J.W. Dalton of said County, and they the (illegible) so cited making no valid objections in the premises, it is ordered by the Court that Letters of Administration issue to J.W. Dalton s Administrator of M.A. Dalton upon hi giving bond and security in the sum of One Thousand Dollars taking the issue oath. E. C. Arnold, Ordinary I, J.W. Dalton do solemnly swear that M.A. Dalton died testate so far as I know or believe and then I will well and truly administer on all the estate of the said deceased and disburse the same as the law requires and discharge to the best of my ability all my duties as Administrator on the estate of said deceased. So help me God. J.W. Dalton Sworn to and subscribed before me 7 day of Aug 1911 E.C. Arnold, Ordinary ADMINISTRATOR'S LETTERS AND DISMISSIONS Page 87 GEORGIA, WALTON COUNTY BY THE HONORABLE THE ORDINARY OF SAID COUNTY To all whom these Presents shall come or be made known, Greeting: Whereas, J.W. Dalton Administrator of the Lands and Tenements, Goods, Chattels and Credits of Mrs. M.A. Dalton, deceased, hath made application for the dismission thereof; and on examination of the appraisement and inventory of said estate of Mrs. M.A. Dalton, deceased, having found all and singular the property of said estate which came to the hands of said J.W. Dalton from the administration as aforesaid, and further discharge, exonerate, and dismiss His Securities from any security entered into by and for J.W. Dalton in consequence thereof. Given under my official signature, this 4 day of Aug, 1913 E.M. Williams, Ordinary Recorded 4 day of Aug, 1913 E.M. Williams, Ordy