Petition of Mary Francis Akin Kirk on the estate of her husband, James Lafayette Kirk

State of Georgia, Haralson County} To the Ordinary of said County: The petition of Mrs. M. F. Kirk respectfully showeth that J. L. Kirk a resident of said County until his death, which happened on the 4th day of November 1917, has left a considerable estate, real and personal, in said State, and that he died without a will; that on account of the time required by law to advertise for Permanent Letters of Administration, and the circumstances of the estate of said J. L. Kirk deceased, great loss and injury may happen, unless Temporary Administration is granted immediately on said estate, and that she is entitled by law to be appointed Administrator of said estate, she being the widow of said J. L. Kirk deceased. Petitioner would further state that she is a resident of said State, and that the estate of said J. L. Kirk deceased, is worth about Eight Thousand dollars.

Haralson Court of Ordinary. At Chambers, November 21, 1917. The application of Mrs. M. F. Kirk for Temporary Letters of Administration on the estate of J. L. Kirk late of Haralson county, deceased, being before me for consideration, and being satisfied by proper proof that her application should be granted: It is therefore ordered that Temporary Letters of Administration on the estate of said J. L. Kirk deceased, do issue to said Mrs. M. F. Kirk upon she giving bond and security in the sum of Twenty five Hundred dollars, and taking the usual oath. Signed: Joe W. Kelley ordinary.

State of Georgia, Haralson County} You, M. F. Kirk do solemnly swear that you will well and truly perform all the duties of Temporary Administratrix on the estate of J. L. Kirk deceased, according to law, to the best of your ability. So help you God. Sworn to and subscribed before me, this 21st day of November 1917. Signed: M. F. Krk (x - her mark) and Joe W. Kelley, Ordinary.

J. W. Johnson vs. Estate of J. L. Kirk

Filed in office Feby 1st 1921, Joe W. Kelley Ordinary; Recorded in Minutes "4" page 327.

Georgia, Haralson County} To Joe W. Kelley Ordinary of said county. The petition of J. W. Johnson shows that J. L. Kirk late of said County, departed this life on or about the 4th day of Nov. 1917, intestate, leaving surviving him his wife and following children, to-wit: J. A. Kirk Americus GA, The 7 minor children of Ada McMillien, John Kirk of the State of Missourie, James Kirk in the State of Florida, Mrs. Frona Cooper of Winder, GA., Mrs. Emma Adams of Kennasaw GA., G. J. Kirk Felton GA, R. H. Kirk Rockmart R#2 GA, Bettie Alexander, Amanda Kirk Felton, GA, Miss Sallie Kirk Felton, GA, Mrs. Delia Johnson Felton, GA, T. L. Kirk Felton GA. Petitioner further shows that Mrs. M. F. Kirk is the lawfully constituted Administratrix of the estate of the said J. L. Kirk. Petitioner further shows that the said J. L. Kirk during his lifetime, to-wit: on the 10 day of August 1914, executed to your petitioner his bond for titles to certain lands, described in said bond a copy of which bond is hereto attached as a part of this petition, and of which bond your petitioner is the holder, and that said J. L. Kirk died without having made titles to said lands. Your petitioner further shows that he has fully complied with the conditions of said bond, by paying to the aforesaid Administratrix the purchase-money of said lands. Wherefore, your petitioner prays an order requiring the said Mr. M. F. Kirk as the Administratrix of said deceased, to execute titles according to the conditions of said bond, and that the said heirs and said Administratrix be notified to be and appear before you on the first Monday in March 1921, and show cause, if any they can, why such order should not be granted. Signed: J. W. Johnson, Petitioner.

Haralson Court of Ordinary, at Chambers Feby 7th 1921. Read and considered. Ordered, that Mrs. M. F. Kirk Administratrix of the estate of J. L. Kirk deceased, and J. A. Kirk, The Seven minor children of Ada McMillin, John Kirk, James Kirk, Frona Cooper, Mr. Emma Adams, G. J. Kirk, R. H. Kirk, Amanda Kirk, Sallie Kirk, Delia Johnson, T. L. Kirk be and appear before the Ordinary of said County on the first Monday in March 1921, then and there to show cause, if any they have, why an order should not be granted directing the said Mrs. M. F. Kirk as Administratrix to make and execute to J. W. Johnson titles to the lands described in the coy of the bond for titles annexed to the foregoing petition. And it is further ordered that the said Mrs. M. F. Kirk as Administratrix of said estate and that L. P. McMillin as Guardian of the 7 minor children of himself and Ada McMillin also be served personally with a copy of this order and petition at least fifteen days before the day fixed upon for a hearing, and the said heirs at law be notified by publication of the notice to them in the Haralson County Tribune this Feby 7th 1921. Signed: Joe W. Kelley, Ordinary.

Haralson Court of Ordinary, April 4, 1921 April Term. It appearing to the Court that the notice required by law to be given to Mrs. M. F. Kirk Admrx of J. L. Kirk deceased, and the heirs at law to-wit: J. A. Kirk, the Ada McMillin minor children, John Kirk, James Kirk, Frona Cooper, Emma Adams, G. J. Kirk, R. H. Kirk, Amanda Kirk, Bettie Alexander, Sallie Kirk, Delia Johnson, T. L. Kirk has been given; and it further appearing that no good cause has been shown why titles to the lands described in the bond for titles, a copy of which bond is attached to the petition of J. W. Johnson should not be executed to the said J. W. Johnson; and it further appearing that the purchase-money for said lands has been paid to the said Administratrix by said J. W. Johnson: It is ordered and directed that the said Admininistratrix execute to the said J. W. Johnson titles to the said lands in terms of said bond. It further appearing that the said J. L. Kirk died Nov 4th 1917 and the last payment for said lands was not due until Nov. 15th 1917. It is therefore further ordered that the costs of this proceeding to have titles executed be paid by the said M. F. Kirk the Administratrix of said deceased. Signed: Joe W. Kelley, Ordinary.

Georgia Haralson County} I hereby acknowledge due and legal notice of the foregoing petition of J. W. Johnson and of the order of the Court of Ordinary for service of notice and I waive other and further notice and service in the matter thereto pertaining. This 10th 1921. Signed: M. F. Krk by G. L. Kirk Administratrix of the Estate of J. L. Kirk, deceased.

Georgia Haralson County} I hereby adknowledge due and legal of the foregoing petition of J. W. Johnson,and of the order of the Court of Ordinary for service of notice and I waive other and further notice and service in the matter thereto pretaining this March 10th 1921. Signed: L. P. McMillan as guardian for the minor children of myself and Ada McMillen.

This ends the Probate Records of J. L. Kirk.

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