Page 122 Book A

Georgia  Banks County

To the Court of Ordinary of said county the petition of W. D. Pitman residuary legate under the will of Patterson Dodd deced. late of said county. Showeth that Elisha M Smith the executor of Patterson Dodd duly qualified by this court. and that there are apprehensions on the part of petitioner as to the correct management of said estate be said that Elisha M Smith as executor Wherefore petitioner  ------  ------{?} requiring said Elisha M Smith as such executor to show cause at the next term of this court why he should not give security for the execution of Patterson Dodd’s will.                                James Turnbull

                                                                                         Petitioners Atty

 

Page 126 Book A

Banks Court of Ordinary             March Term   1868

W.D. Pitman and William L Armer heirs at law applies to the Court for and order to require the executor of the will of Patterson Dodd. to have the will proven in lollemin form. It is ordered by the court that Elisha M Smith the executor in the will of Patterson Dodd be required to prove the will of Patterson Dodd in lollemin form at the next term of this court.

 

 

Banks Court of Ordinary        May Term  1868

                     Present his honor A.C. Moss    Ordinary

W.D. Pitman and William L Armer and Caveators

                 VS

Elisha M Smith Executor

And now at this term of the court comes W D Pitman and William L Armer next of kin of Patterson Dodd deceased. And caveat the probate and administration to record of said Patterson Dodd’s will Because it is not the last will and testament of Patterson Dodd because Patterson Dodd was of unsound mind and therefore incapable of disposing

Page 127 Book A

of his property by will. It is not Patterson Dodd’s last will and testament because while executing it he was under the influence of his son Albert Dodd and did not execute it fully. It is not Patterson Dodd’s will because he was led to believe the paper  signed by him was his will when it was not and that he was ignorant of the imposition being practiced upon him by his son Albert Dodd and others .

                                                                James J Turnbull

                                                                 Atty for Caveators

 Georgia  Banks County

I hereby acknowledge due and legal service on the wishes and wants {?} copy and notice 2 cd. Mark1868                           Elisha M Smith Executor

 

Elisha M Smith executor of the will of Patterson Dodd comes into court by his attorney D. G. Candler and traverses the grounds of the caveat of W D Pitman and William J Armer in said case. And says that Patterson Dodd was of sound mind and disposing memory at the time of executing said will. And that he then proposed mind sufficient for the transaction of the ordinary business of life.

That he executed said will freely and voluntarily without any compulsion or undue influence whatever and that no fraudulent practices or undue influence whatever was used to induce the said Patterson Dodd to make said will.

Wherefore they say that said will is the true and last will and testament of said Patterson Dodd. and that said will is good and valued in law and ought to be admitted to be proven in lollemin form and recorded and of this he prays the judgment of this honorable court-

                                  D G Candler

                                     Atty for propounder

 

Georgia Banks County

To W D Pitman, William L Armer, Albert H Dodd, Eliza Duncan and heirs at law of Patterson Dodd late of said county deceased. you and each of you are hereby notified that agreeable to an order of the honorable the court of Ordinary of Banks County I shall proceed at the term of the court of Ordinary of said County to be held on the first Monday in [ blank ] 1868

to propound the will of the said Patterson Dodd decd in lollemin form.

April the 20th 1868        Elisha M Smith Executor

 

Page 193 Book A

To the court of Ordinary of Banks County as Clerk

William D Pitman and William Armer respectfully showeth that Patterson Dodd a resident of said county until his death which happened on or about the     of June 1867 has left a small estate real and personal and without a will. Your petitioners showeth that on account of the length of time required by law to advertise for permanent letters of administration and the circumstance of said Patterson Dodd’s estate great loss and injury may happen unless temporary administration is granted immediately on Patterson Dodd’s estate. Your petitioners showeth that they are the next of kin of Patterson Dodd they being his sons in law of the said deceased and claims to be appointed on this ground. In conclusion we would the state further for information in the ------{?} that the estate of Patterson Dodd is worth at least five hundred dollars.

This 27th day of Jan. 1870                      William D Pitman

                                                                    William Armer       petitioners

 

27th Jan 1870

The application of William D Pitman and William Armer for temporary letters of administration on the estate of Patterson Dodd late of Banks County being before me for action. And being satisfied that their application should be granted. It is therefore ordered that temporary letters of administration on said Patterson Dodd’s estate issued to said William d Pitman & Wm Armer.

 

Page 206 Book A

Banks Court of Ordinary June term 1870

Citation having been issued and published requiring all and singular the next of kin and executors of Patterson Dodd deceased late of said county to appear at this term and show cause if any they could why permanent letters of administration should not be granted to William D Pitman and William Armer of Hall County County and the parties so cited inferring no objections in the premises. It is ordered by the court that letters of administration issue to William D Pitman and William Armer as administrators of Patterson Dodd upon their giving bond and security in the sum of one thousand dollars with good security and taking the usual oath of office.

 

Contributed by Russell Hathcock

Copyright 2005 Vicky Chambers & Jacqueline King