WILLS
L.C. HOLLIFIELD
Rabun County, Georgia
1917
Submitted by Kay Pressley Martynuska
Will Book C 1881-1928 Pages 203 through 208
PETITION
GEORGIA, RABUN COUNTY,
To THE COURT OF ORDINARY OF SAID COUNTY:
The petition of W.S. Long shows that on the first day of October, 1917
L.C. Hollifield, late of said County, departed this life, after having made and
published his last will and testament, in which he name your petitioner as
executor. Petitioner shows that the following named persons are the heirs at law
and parties at interest of said deceased, to wit: Millie J. Hollifield, of Rabun
County, Georgia, Cansas Lovell, of Liberty, State of South Carolina, and the
following heirs at law of P.G. Pressley, deceased, to wit: Julia Pressley, J.F. Pressley,
Laura Pressley Martin, Gordon Pressley, Cail Pressley, Golden Pressley, Silvie Pressley,
all of Hall County, Georgia, and O.L.Pressley, of Douglas County, Georgia, and
are all sui juris except Gordon Pressley, age 19 years, Cail Pressley, age 16 years,
Golden Pressley, age 11 years, and Silvie Pressley, age 9 years.
Petitioner produces said will in Court and prays that it be proven in solemn
Form, and to this end prays that the said Millie J. Hollifield, Cansas Lovell, and
the heirs at law of P.G. Pressley, deceased, to wit: Julia Pressley, J.F. Pressley, Laura
Pressley Martin, Gordon Pressley, Cail Pressley, Golden Pressley, Silvie Pressley,
and O.L. Pressley, be cited to appear at the next term of the Court of Ordinary
for said County, to be held on the first Monday in November next, to show cause,
if any exists, why said will should not be proven in solemn form and entered of
record as the last will and testament of said deceased, and that letters testamentry issues to petitioner in terms of the law.
W.S.Long, Petitioner
ORDER OF SERVICE
RABUN COUNTY, COURT OF ORDINARY
At Chambers, October 3, 1917
Upon reading and considering the foregoing petition, it is ordered that Millie
J. Hollifield, Cansas Lovell, Julia Pressley, J.F. Pressley, Laura Pressley Martin,
Gordon Pressley, Coil Pressley, Golden Pressley, Silvie Pressley and O.L.Pressley
appear before the Court of Ordinary to be held in and for said County on the
first Monday in November next, then and there to show cause, if any exists, why the
paper offered for probate by the Petitioner, W.S.Long, as the last will and testament
of L.C.Hollifield, 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 Millie J. Hollifield, Julia Pressley, J.F.
Pressley, Laura Pressley Martin, Gordon Pressley, Coil Pressley, Golden Pressley,
Silvie Pressley and O.L.Pressley be served personally with a copy of the within
petition and this order and a certified copy of said will, at least ten (10) days
before the next November term of this Court; and that as Cansas Lovell resides
out of the State of Georgia, and can only be served by publication, that she be
cited and made a party by publication of notice of said proceeding once a week
for four successive weeks in The Clayton Tribune, a newspaper published in the
City of Clayton, Rabun County, Georgia, before the November term,1917, of said Court
of Ordinary..
James F. Smith, Ordinary
CITATION.
STATE OF GEORGIA, RABUN COUNTY
COURT OF ORDINARY OF SAID COUNTY
In re: Petition for probate in solemn form of the last will L C Hollifield, deceased. and
testament.
W.S.Long having applied, as Executor, or probate in solemn form of the last willand testament of L.C.Hollifield, late of said County, deceased, you Cansas Lovell,
of Liberty, State of South Carolina, as an heir of L.C. Hollifield, deceased, are
hereby required to be and appear at the Court of Ordinary for said Rabun
County, Georgia, on the first Monday in November, 1917, when said application for
Probate will be heard.
Given under my official signature, this 3rd day of October, 1917
James F. Smith, Ordinary
Rabun County, Georgia
STATE OF GEORGIA, DOUGLAS COUNTY
I, A.S. Baggett, Sheriff in and for said County, have this day personally servedO.L. Pressley, of said County, with a true copy of the within petition, order and
Certified copy of will. This 23, day of October, 1917
A.S. Baggett, Sheriff
Douglas County, Ga.
STATE OF GEORGIA, RABUN COUNTY
I, W.S.Long, of said County, have personally served a true copy of the within petition and order and certified copy of will on the following named persons, by delivering said copies to them in person on the following named dates, to wit:
Millie J. Hollifield, Oct.25,1917;
Julia Pressley, Oct.24,1917;
J.F. Pressley , Oct.24,1917;Laura Pressley Martin, Oct.24,1917;
Cail Pressley, Oct 24, 1917;
Golden Pressley, Oct.24,1917;
Silvie Pressley, Oct.24,1917.
This 25th day of October,1917.W.S.Long
APPOINTMENT OF GUARDIAN AD LITEM
STATE OF GEORGIA, RABUN COUNTY
Court of Ordinary of said County, At Chambers, October 25,1917.
In re: Petition for probate of will in solemn form L.C.Hollifield, deceased.
It appearing to the Court in the matter of the petition of W.S. Long for probate in
solemn form of the last will and testament of L.C.Hollifield, deceased, that
Gordon Pressley, age 19 years, Cail Pressley, age 16 years, Golden Pressley,
age 11 years, and Silvie Pressley, age 9 years, parties at interest in said cause,
are minors, and have no regular guardian, and that each of said minors, except
Gordon Pressley, who is a nonresident, have been personally served with a copy of
the petition, will and order of citation: It is, therefore ordered by the Court
that V.A. Green be, and is hereby appointed, directed and authorized to
be guardian ad litem to represent the minors, Gordon Pressley, Coil
Pressley, Golden Pressley and Silvie Pressley, in said litigation.
James F. Smith, Ordinary.
Acceptance of appointment
Georgia, Rabun County
Having been appointed guardian ad litem to represent Gordon Pressly,
Coil Pressley, Golden Pressley and Silvie Pressley, minors in the matter
of the probate of the last will and testament of L.C.Hollifield, dec’d
in the Court of Ordinary for said County, I hereby accept said appointment,
and I agree to represent said minors in said proceedings. I waive
all further service and notice.
This 26th day of October, 1917.
V.A. Green.
IN RE: APPLICATION AND PETITION FOR PROBATION of what has been offered
as the last will and testament of L.C.Hollifield, deceased, which was
filed in the Court of Ordinary of Rabun County, Georgia, on the 3rd day
of October, 1917.
----------------------------------------
Now comes Mrs. L.C.Hollifield, the widow of the late L.C. Hollifield,
deceased, in the above stated case, caveats and objects to the pretended
last will and testament above named, and to the probation of the same
before it has been probated and within the time allowed by law in such
cases, and says:
1. That the said last will and testament is not the last will and
testament of the late L.C. Hollifield, deceased, and should not be admitted
to record or probated
2. That on the 10th, day of April in the year 1909 the said L.C. Hollifield,
contracted and agreed to make and execute and publish his last
will and testament, giving and bequeathing all of the property that he
may own at the time of his death to caveator, Mrs. L.C. Hollifield, Nee
M.J.Shedd, for and in consideration of the latter marrying the said L.C.
Hollifield, caring for and living with him during his lifetime, all of
which considerations she give him in good faith, thereby
completely entitling her, caveator, to all of the property he owned at the time of
his death, making her have and own a completed equitable title to the
said property, but the L.C.Hollifield, now deceased, did not make
the last will and testament he contracted to do as set out in this
paragraph of this caveat, but the complete equitable title for all of
the property of the estate above named is in caveator, and the pretended
last will and testament is null and void as to caveators interest
in said estate and should not be probated and admitted to record.
Wheretofore, caveator, Mrs.L.C.Hollifield, prays that the said last
will and testament so offered be not probated and that the same be
declared void and of no effect and that all of the property
the legal title which is in the said estate be declared and decreed
or judgemented to be the property of Mrs. L.C. Hollifield, she having
the complete equity in and to the same, and that such other and further
judgement be rendered in the premises as may seem just and equitable
in the eyes of good conscience.
Thad L. Bynum
Attorney for Mrs. L.C.Hollifield, Caveator
GEORGIA, RABUN COUNTY
Personally came Mrs. L.C.Hollifield before the undersigned officer authorized
to administer oaths in and for said State and County, who on oath says that the
facts set forth in the for going caveat are true.
Mrs. L.C. (her mark) Hollifield
Sworn to and subscribed before me, this 3rd, day of November, 1917.
Chas. A. Rogers, Clerk Superior Court,
Rabun County, Georgia
Filed in Court of Ordinary, this November 3rd,1917.
T. F. Smith, Clerk, Court of Ordinary
CITATION.
STATE OF GEORGIA, RABUN COUNTY
COURT OF ORDINARY OF SAID COUNTY.
In re: Petition for probate in solemn form of last will and Testament
L C Hollifield, deceased.
W.S.Long having applied, as executor, for probate in solemn form of the last
will and testament of L.C.Hollifield, late of said County, deceased, you,
Cansas Lovell, Of Liberty, State of South Carolina, and Gordon Pressley, a minor,
(whose last known address was, Chattanooga, Tennessee, care U.S.Army.) as heirs of
said L.C. Hollifield, are hereby required to be and appear at the Court of Ordinary
for said Rabun County, Georgia, on the first Monday in December, 1917, when said
application for probate will be heard.
Given under my official signature, this 5th day of November, 1917.
James F. Smith, Ordinary
In re: Application for probate of a will offered as the last will and testament of L.C. Hollifield,
In Court of Ordinary of Rabun County Ga., December Term, 1917.
Mrs. L.C. Hollifield, Caveator.
Now comes Mrs. L.C.Hollifield, caveator, in above stated caused, and amends the
original caveat heretofore filed, and says:
1. That in addition to the said L.C.Hollifield contracting to will and bequeath all of the property
he may own at the time of his death, he bought a tract of land at Tiger, Ga., same being the tract of land on which he lived at the time of his death, including the land under the two enclosures, and gave same to caveator for and in consideration of her having so carried out her part of said contract and that he announced said gift to Fletcher Hollifield and L. C. Hollifield, Jr., and Nancy Welborn and others immediately, and some time before his death, thereby vesting all right of title in caveator and that she is now in possession of said land as her own.
2nd. That notice is hereby given that caveator contends for the entire tract or
lot of land above and herein referred to has her own and in her own right, and that
said will and testament cannot affect her rights therein, even the Court may set
same up-the title in equity not being in said testator, the said will cannot convey
title to same.
3rd. That this Court is without jurisdiction to render equitable relief and caveator files this
amendment and the answer or caveat theretofore filed preserving
her rights and claims of record herein.
Thad L. Bynum, Atty. for Caveator.
Amendment filed and disallowed, this December 3rd, 1917 In open Court.
Chas. A. Rogers, Acting Ordinary.
In the Ordinary’s Court of Rabun County, Georgia, Proceedings to probate will
Mrs. L.C. Hollifield
Vs
W S Long, Executor named in the Will of L.C.Hollifield, deceased.
Now comes, W.S.Long, the Executor named in the last will and testament of L.C. Hollifield, deceased, and demurs to the caveat filed by Mrs L.C. Hollifield, and for grounds of demurrer says:
1. That there are not objections to the probation of said will set
out in the said caveat as required by law.
2 That the Court of Ordinary has not jurisdiction in equity; thatsaid alleged oral contract comes within the statute of frauds to real
estate and as to marriage.
3. Paragraph 2 is demurred to specially on the grounds, that it is toovague and indefinite, that there is not property described either real
or personal in the said alleged contract, the consideration mentioned
therein is not adequate and sufficient as required by law.
WHEREFORE, the petitioner for the probation of the said will asks
that each and all of the grounds of the demurrer by sustained and that
the said caveat be dismissed.
Grover L. Bynum, Attorney for W.S.Long
Executor, named in the will and
petitioner for probate
Allowed, this 3rd, day of December, 1917
Chas. A. Rogers, Acting Ordinary
AFFIDAVIT TO PROBATE OF WILL
GEORGIA, RABUN COUNTY.
You, M. H. James and James F. Smith, do sweareth that you as well as E.M.
Canup, saw the within named L.C.Hollifield sign and publish the within
attached paper as his last will and testament; that you subscribed the
same witnesses thereto at the special instance and request of the
said L.C. Hollifield, and in his presence, as did also E. M. Canup, in the
presence of testator and of each other; that the said L.C. Hollifield
signed the same freely and voluntarily, and was, at the time of such
signing, of sound and disposing mind and memory.
M. H. James
James F. Smith
Sworn to and subscribed before me, this 3rd day of December, 1917
Chas. A. Rogers, Clerk S.C. Acting Ordinary
GEORGIA, RABUN COUNTY
Before me, the undersigned Ordinary of said County, came E.M. Canup
whose name appears as a subscribing witness to the accompanying writing
purporting to be the last will and testament of L.C. Hollifield who,
being duly sworn, on oath says that he, together with M. H. James and James
F. Smith, on the 7th day of September, 1909, subscribed the said will as
a witness thereto, at the special instance and request of the said L.C.
Hollifield, the testator therein, and in his presence, and in the presence
of each other, as did also the said James F. Smith and M.H. James, after he
the said testator, had signed his name thereto; that the said L.C. Hollifield, in their
presence, freely and voluntarily signed and published the same as his last will
and testament, and at the time of said signing and attestation, he was of sound
and disposing mind and memory.
E. M. Canup
Sworn to and subscribed before me, this 3rd day of December, 1917
James F. Smith, Ordinary
GEORGIA, RABUN COUNTY.
Court of Ordinary December Term, 1917
In Re Petition for Probate in Solemn For of the Will of L.C.Hollifield by W.S. Long
The above petition coming to be heard, and it appearing that the parties atinterest, resident in this State, were personally served with noticed of the petition
for probate ten days before this term of Court, and that the parties at interest, not
resident in this State, were duly served by publication of citation once a week for
four weeks in The Clayton Tribune, a newspaper published in Clayton, said
State and County, and it appearing to the Court by the testimony of all the subscribing
witnesses that the instrument offered for probate is the last will and
testament of L.C. Hollifield, deceased, as alleged in the petition of W.S.Long, and
no sufficient reason appearing why said will should not be admitted to record as
prayed:
Ordered that said will be and the same is hereby established in solemn for
as the last will and testament of L.C. Hollifield, and that the same be admitted to
record.
Ordered further, that letters testamentary do issue to W.S. Long, the Executor
named in the will, upon his taking the usual oath of office, and giving bond
in the sum of $1000.00.
This 3, day of December, 1917
Chas. A. Rogers, Acting Ordinary
COPY OF WILL.
STATE OF GEORGIA,
COUNTY OF RABUN.
Last will and testament of L.C. Hollifield
I, L.C.Hollifield, of said State and County, being of sound and disposing mind
and memory, do make this my last will and testament, hereby revoking all wills
heretofore made by me.
Item 1. I wish my Executor, hereinafter name, to have my body decently buried
and to pay all my just debts as early as possible after my death.
Item 2. After all my just debts and burial expenses are paid by my Executor, It
is my desire that the remainder of my property be disposed of as follows:
I give and bequeath to my wife, Millie J. Hollifield, all of my household and kitchen
furniture.
The remainder of my property, real and personal, that I may have at my death,
it is my will that the same be sold either privately or by public outcry, in the
discretion of my Executor, as he thinks best, and be equally divided between my
wife, Millie J. Hollifield, P.G. Pressley and Cansas Lovell.
Item 3. I do hereby appoint W.S.Long Executor of this my last will and testament
with full power to dispose of my property in the way and manner above named and
that he be paid for his trouble and expenses out of the estate.
In testimony whereof, I have hereto set my hand this 7th day of September, 1909
L.C.Hollifield,
Signed and published by L.C. Hollifield, as his last will and testament, in the pres-
ence of the undersigned, who subscribe our names hereto as witnesses at the instance
and request of said testator, and in his presence, and in the presence of each other.
E. M. CanupThis 7th day of September, 1909. M. H. James
James F. Smith
OATH OF EXECUTOR
STATE OF GEORGIA, RABUN COUNTY.
I, W.S.Long, do solemnly swear that the within writing contains the true last
will and testament of L.C. Hollifield, deceased, so far as I know or believe, and that
I will well and truly execute the same according to the will and the law. So help
me God.
W.S.Long
Sworn to and subscribed before me, this 3rd day of December, 1917
Chas. A. Rogers, Clerk Superior
Court, Rabun County, Georgia
LETTERS OF TESTAMENTARY.
STATE OF GEORGIA, RABUN COUNTY.
By Chas. A. Rogers, Clerk of Superior Court and Acting Ordinary for said County.
KNOW ALL WHOM IT MAY CONCERN:
That on the 3rd day of December, 1917, the last Will and Testament
of L.C. Hollifield, deceased, at the time of his death a resident of
said County, was legally proven in solemn form, a copy of which is annexed,
duly certified, and on the third day of December, 1917, at a regular term of the
Court of Ordinary, said Will was admitted to record by order, and W.S. Long
named Executor in said Will, allowed to qualify, and upon so doing, Letters Testamentary
ordered to be issued to him as such Executor.
Now, Therefore, The said W.S.Long, having taken the oath of office,
is legally authorized to discharge all of the duties of an Executor on
the Will of said deceased, to administer the property of said deceased,
which is devised according to the will and the law; and he is hereby required to
render a true and perfect inventory and appraisement of all
and singular the goods and chattels, rights and credits, of said decease
and make a return of them to the Ordinary of Rabun County; and further
to report annually to the same officer the situation of said estate,
his actings and doings, until his Executorship is fully discharged.
Given under my hand and official seal, this 3rd day of December, 1917
Chas. A. Rogers, Clerk Superior Court and
(Clerk’s Seal) Acting Ordinary, Rabun County, Ga
