Georgia Dade County

To J A Bennett Ordinary of said County

The petition of S.C. Hale and J.P. Bond residents of said County show that on the 8th day of November 1890 Frank P. Hale late of said County departed this life after having made and published a last will and testament of which he nominated your petitioners his executors.

Your petitioners show that the heirs at law of said deceased are five in number to wit: Susan D. Hale widow of said deceased and Stonewall J Hale, Grover C Hale, Calvin G Hale and Franklin D Hale children of said deceased all of whom are minors.

Your petitioners produce said will in court and pray that it may be proven in solemn form.

To that end we pray that the heirs at law of said deceased, to wit: Susan D. Hale, Stonewall J. Hale, Grover C. Hale, Calvin G. Hale and Franklin D. Hale all of said County be cited to appear at the next court of Ordinary for said County to be held on the first Monday in December next and show cause if any exists why said will should not be proven in Solemn form and admitted to record as the last will and testament of said deceased and that Letters Testamentary issue to petitioners in terms of the law.

S. C. Hale
J. P. Bond
Petitioners

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Georgia Dade County

Upon reading and considering the foregoing petition It is ordered that Susan D Hale, Stonewall J Hale, Grover C Hale, Calvin G Hale and Franklin D Hale appear before the Court of Ordinary to be held for said County on the first Monday in December next then and there to show cause if any exists why the paper offered for Probate by the Petitioners S. C. Hale and J. P. Bond as the last will and testament of Frank P. Hale late of said County deceased should not be proven in solemn form and admitted to record as the last will and testament of said deceased. And it is further ordered that the said Susan D Hale, Stonewall J Hale, Grover C Hale, Calvin G Hale and Franklin D Hale be each served personally with a copy of the foregoing petition and this order at least ten days before the next term of this Court.

J A Bennett
Ordinary Dade County

Georgia Dade County


Executed the within by serving a copy personally on Susan D. Hale Stonewall J Hale Grover C. Hale Calvin G. Hale and Franklin D. Hale this November 18 1890

W. A. Byrd
Sheriff Dade County

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Georgia Dade County

Court of the Ordinary Regular Term

Dec 1st 1890

It appearing to the Court in the matter of the Probate of the last will of Frank P. Hale in solemn form, now pending before this court that Stonewall J Hale, Grover C. Hale, Calvin G. Hale and Franklin D. Hale the minor heirs at law have been duly cited and made parties to said case.

Ordered by the Court that T. H. B. Cole be coming into Court and expressing his willingness to act as such be and is hereby made Guardian Ad Litum to represent said minors in said case.

J. A. Bennett
Ordinary Dade County

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Frank P. Hale’s Will

Georgia Dade County

I Frank P. Hale of said State and County being of sound and disposing mind and memory do make this my last will and testament

I desire my executors hereinafter named to take control of all my property, both real and personal, to collect all due me and receipt for same and pay all debts that I owe. I further authorize my executors to sell and make title to any or all of my property in this State and the State of Tennessee and when said executors have sold said property I desire that they purchase a farm for the benefit of my wife and children they exercising their best judgement in selecting said farm the same to be held and controlled for the benefit of my wife and children and if at any time they deem it advisable to sell said farm they are hereby authorized to do so.

I desire that they have full authority to sell, make and deliver titles to any property that I own or they may purchase for the benefit of my wife and children without application to any court and in any manner they may see proper.

I further desire that my executors herein after named shall not be required to give bond in this State or the State of Tennessee, and be relieved from making returns to any court either in this State or the State of Tennessee and that my estate be used for the maintenance of my wife and children, and the education of my children and that when my youngest child becomes of age (twenty one years old) that all my property be sold by my executors and equally divided between my wife and children.

I hereby constitute and appoint S. C. Hale and J. P. Bond Executors of this my last will and testament and in case either one dies I desire that the surviving one have full power to act this 13th day of October 1890.

Frank P. Hale


Signed, declared and published by Frank P. Hale as his last will and testament in the presence of us the subscribers who subscribe our names hereto in the presence of said Testator (at his instance and request) and of each other, he signing in our presence and we signing in his presence and the presence of each other this 13th day of October 1890

M A B Tatum
J. H. Carter
J. A. Bennett


State of Georgia
Dade County

Court of Ordinary December 1st 1890

In the matter of Probating the last will and testament of Frank P. Hale late of said County deceased.

And now at this Term of the Court Ordinary in and for said County comes M. A. B. Tatum, J. H. Carter and J. A. Bennett subscribing witnesses to the Will of F. P. Hale deceased who being duly sworn deposes and says that the pap [sic] now before the Court of Ordinary for Probate is the last will and testament of said Frank P. Hale that they were present together at the residence of said F. P. Hale in said County on the 13th day of October 1890 when said paper was read by said F. P. Hale that he acknowledged it their presence as his last will that he signed the same in their presence freely and without compulsion upon the part of any one that was of sound mind that they and each of them signed said paper as witnesses in his presence at his special request and in the presence of each other

M.A.B. Tatum
J. H. Carter
J. A. Bennett

Sworn and subscribed before Me this December 1st 1890

S. H. Thurman
Clerk Superior Court


Georgia Dade County
Court of Ordinary Regular Term
December 1st 1890

Upon the hearing of the petition of S. C. Hale and John P. Bond for the probate in solemn form of the paper propounded by them as the last will and testament of Frank P. Hale late of said County deceased and for its admission for record as such and it appearing that Susan D. Hale widow of said deceased Stonewall J. Hale Grover C. Hale Calvin G. Hale and Franklin D. Hale minors and 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 cause why said paper should not be proven and admitted to record as the last will and testament of said deceased.

It is therefore ordered and adjudged by the [blank space] upon the proof of all the witnesses to said will 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 S. C. Hale and John P. Bond the executors named in said will upon their taking the oath required by law this 1st day of December 1890

J. A. Bennett
Ordinary Dade County


Georgia Dade County

We S. C. Hale and John P. Bond do solemnly swear that this writing contains the true last will and testament of the within named Frank P. Hale deceased so far as we know or believe and that we will and truly execute the same in accordance with the laws of the this State. So help me God.

S. C. Hale
J. B. [sic] Bond

Sworn and subscribed before this December 1st 1890

J. A. Bennett Ordinary Dade County


Georgia Dade County

To S. C. Hale and John P. Bond
Greeting

The will of Frank P. Hale of said County having been duly proven in solemn form and admitted to record in my office in which you are the persons named to carry out its provisions and said S. C. Hale and John P. Bond having taken and subscribed the oath required by law as the executors thereof: these are therefore to authorize you and you are hereby authorized and required to do and perform all the duties imposed upon you by said will and the laws of said state

Given under my hand and seal of this office this 1st day of December 1890

J. A. Bennett
Ordinary Dade County
[seal]


Georgia Dade County

I J. A. Bennett Ordinary in and for said County and Ex Officio Clerk of the Court of Ordinary do hereby certify that the foregoing pages contain a true and correct exemplification of all the proceedings had in the Court of Ordinary of said County in the matter of Probating the last will and testament of Frank P. Hale late of said County deceased.

In testimony whereof I have herewith set my hand and affixed the seal of said office this 3rd day of February 1891

J. A. Bennett
Ordinary Dade County
And Ex Officio Clerk
[seal]

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Georgia Dade County

I S. H. Thurman Clerk of the Superior Court in and for said County do hereby certify that J. A. Bennett whose name appears to the foregoing certificate is the Ordinary and Ex Officio Clerk of the Court of the Ordinary of said County duly qualified and commissioned under the laws of Georgia and that his signature is genuine.

In testimony whereof I have herewith set my hand and affixed the seal of my office this 3rd day of Feb. 1891

S. H. Thurman
C.S.C
[seal]

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Georgia Dade County

I J. A. Bennett Ordinary in and for said County do hereby certify that S H Thurman is the Clerk of the Superior Court of said County duly qualified and commissioned under the laws of Georgia and that his signature to the foregoing certificate is genuine

In testimony whereof I have herewith set my hand and affixed the seal of my office this 3rd day of February 1891

J A Bennett
Ordinary Dade County
[seal]