To the Court of Ordinary of Harralson County, Georgia
The petition of Austin Ayres respectfully therewith that Martin Ayres of said county has become insane and incapable of attending to his own business therefore your petitioners pray that a guardian may be appointed for said Martin Ayres to take charge of his person and property as your petitioner will ever pray Austin Ayres (signed) Nov. 1, 1869

Georgia Haralson County
In person came Austin Ayres before me who being duly deposeth and sayeth that the above petition is just and true sworn to and subscribed to before me this 1st of November 1869 Austin Ayres

A.D. Woods
Ordinary

Estate Case Files 32

Ayers, Martin (Insane)
1869-1889

Minor child:
Orlevia Ayers Perryman

Austin Ayres (son) executor

Sarah E. Ayers (wife)
Austin Ayers (son) Guardian of Father
William Johnston (son-in-law) Executor

J.M. Perryman (Husband and Guardian of Minor child of Martin Ayers)

Sarah Bradley Sarah E. Ayers Julian Lassiter H.L. Head as Guardian ad litem of all the Minor heirs of Martin Ayers deceased and Austin Ayers petitioner

David Bowling
Ordinary

State of Georgia Harralson County
Know all me by these Presents, That we Austin Ayers ________and Wyette H. Williams and Wm Thompson and H.H. ________Security are held and firmly bound unto A. D. Woods Ordinary of said county for the time being, and his successors in office, in the sum of Seven Thousand Dollars to be paid to the said Ordinary, his successors in office, or assigns: for which payment, well and truly to be made and done, we bind ourselves, jointly and severally, and each of our heirs, executors and administrators, firmly by these presents.

Sealed with our seals, and dated at office this the 6th day of December in the year of our Lord one thousand eight hundred and Sixty Nine.

The condition of the above obligation is such, That whereas the said Austin Ayers is this day appointed Guardian to Martin Ayers an Imbecile person of said county. Now if the said Austin Ayers do well and truly demean himself as Guardian aforesaid, agreeably to Letters of guardianship, bearing even date herewith, and agreeably to law in such case made and provided the above obligation to be void, otherwise to remain in full force and virtue this 6th December 1869.

Attest,
Austin Ayres
Wyatt N. William
Wm Thompson
H.H.________

State of Georgia. You, Austin Ayers do solemnly swear that you will do and perform all the duties required of you as guardian of Martin Ayers, according to the law of this State to the best of your ability and understanding so help you God.

Austin Ayres

A. D. Woods
Ordinary

Georgia Haralson County

To the Ordinary of said County The Petition of Sarah E. Ayers Widow of Martin Ayers.

Showeth that Martin Ayers late of said County, departed this life on the 9th day of Sept. 1875 and left your petitioner his widow. And she desires to have his twelve months support set apart and therefore prays the court as the act of 1856 requires to appoint five discreet persons to set apart to the widow of the said Martin Ayers the amount necessary for the support and maintenance of said widow and one minor child for the space of twelve months either in money or such property as may be selected by the widow. And also to set apart a sufficient amount of household furniture for said widow and minor child. And your petitions will ever pray____ this Dec. 6th 1875

Sarah E. Ayers

Haralson Court of Ordinary February Term 1879

And now at a regular term of the Court came Orlevia Perryman a minor child of Martin Ayers deceased and filing her petition to have J.M. Perryman her husband appointed her guardian in conformity with the law and showing to the court that she is fourteen years of age. Therefore it is ordered by the court that said J.M. Perryman be and he is hereby appointed guardian of Orlevia Perryman's property upon his giving bond and security in the sum of three hundred dollars to be approved by the court and taking the usual oath of office.

S.M. Davenport
Ordinary

(Guardian's Bond)

Georgia Haralson County

Know all men by these presents, that we, J.M. Perryman and Wm M. Williams are held and firmly bound unto the Ordinary of said county, and his successors in office, in the sum of Three hundred Dollars for the payment of which sum we bind ourselves, our heirs, executors and administrators, jointly and severally.

Sealed with our seals and dated this third day of February 1879

The condition of the above obligation is such that whereas the said J.M. Perryman is this day appointed Guardian to Orlevia Perryman orphan of Martin Ayers deceased: now if the said J.M. Perryman do well and truly demean himself as Guardian, agreeably to law in such case made and provided, the above obligation to be void, otherwise to remain in full force an virtue.

Attest:
S.M. Davenport Ordinary

J.M. Perryman
Wm. Williams

Georgia Haralson County

To W.M. Ayers, the Children of Mary Johnson, Milley Goggans, Emily Stewart, N.E. Ganus, Mary Ann Ayers Hiram Ayers, Sarah Bradley. The children of Martin Ayers Jr.. Olivia Ayers, Sarah E. Ayers, Harriet Haynes, Julian Lassiter, and H.L.(?) Head, guardian ad litem of all the minor heirs of said Martin Ayers deceased.

Austin Ayers, applied for Probate of the Will of Martin Ayers to which he claims To be Executor, being so named in said Will.
You and each of you, are required and cited to be and appear at the Ordinary's Office, in the Court House in Buchanan in said County at the regular term of said Court, to be held on the first Monday in December next to attend the Probate of said Will, this October 11th 1875.
David Bowling
Ordinary

The State of Georgia In the name of God Amen

I, Martin Ayers of the county of Haralson County and State of afforsaid do make, ordain and publish this my last will and testament in manner and form following:

First I will order and direct that all my just debts and funeral charges be paid. Secondly I give and bequeath to my beloved wife Sarah Elender one Negro girl (Jane) which Negro was bid off at eight hundred and eighty-five dollars. Together with her increase that said Negro girl may have hereafter which property I desire to go to my wife Sarah Elender and her last child or children. I also give to my wife Sarah Elender one old Negro man Bob and also all the households furniture that was bid off for my wife Sarah Elender at Walter Barry's Sale, her first husband. Now it is my will and desire that my wife Sarah Elender have so much of the proceeds of my Estate as will make the sum of fifteen hundred dollars taking out the price of the property above mentioned.

Thirdly it is my will and desire that so soon as may best accord with the interest of my estate that my executor herein after named after my death shall see at public sale all effects on a credit of twelve months and it is my desire that the proceeds thereof after all my just debts and funeral charges are paid to be equally divided among all my children with the exception of the one by last wife, Sarah Elender, which my desire is for it to have half a share with the rest of my children.

Fourthly I do hereby constitute and appoint my beloved son Austin Ayres and my son in law William Johnston executors of this my last will and testament hereby revoking all former wills heretofore made and declaring this to be my last will and testament.

Haralson Court of Ordinary at Chambers Oct 11, 1875

It appearing to me from the above petition that the children of Mary Johnson whose names are not given and the children of Martin Ayers Jr. Olievia Ayers and the children of Harriet Haynes are minors, and are included as the next of kin in the probate of Martin Ayers Will and should be made parties to the proceedings for probate. Ordered that H. C(?) be having consented thereto be and is hereby appointed Guardian ad litem to represent all of said minor heirs of Martin Ayers deceased, upon such probate. And it further appearing to me from said petition, that citation to next of kin to witness the probate of Martin Ayers will is prayer for. Ordered also that Citation issue to the above named parties and Austin Ayers petitioners.

David Bowling, Ordinary

To W.M. Ayers, Milly Goggans, Emily Stewart N.E. Ganus Mary Ann Ayers Hiram Ayers

( the crossed out items appeared crossed out on the original)

The Petition of Austin Ayers showeth that on the 9th of September 1875, Martin Ayers late of said county departed this life testate being possessed at the time of his death of a large estate both real and personal, prior to this time he made and executed in form of law his last will and testament and in said will appointed your petitioner executor of said will which will is legally executed and is the last will and testament of Martin Ayres deceased and petitioner prays the probate of said will in solemn form the next of kin are your petitioner W.M Ayres, the children Mary Johnson, Milly Goggans, Emily Stewart., N.E. Ganus, Mary Ann Ayres, who lives in ____, Hiram Ayres, Sarah Bradley. The Children of Martin Ayres Jr., Olivie Ayers, Sarah E. Ayres. The children of Harriet Haynes who live in Texas, Julian Lassiter. Your petitioner prays the usual citation requiring them to appear at the December term of the court of Ordinary.

Haralson Court of Ordinary Dec. Term 1875.

It appearing to the court that Martin Ayers late of said county died on the 9th day of September 1875 leaving a will which has been proven and ordered to be recorded and ___ Austin Ayers as Executor of said will that he left a widow and one minor child viz. Sarah E. Ayers the widow and Olevia Ayers the minor child. And said widow having petitioned this court to have a suitable allowance of said Estate set apart for her and one minor child to wit Olevia Ayers. It is ordered by the Court that John J. Wilson., E..M. Head , G.W. Gentry, Seaborn Gann, and Wm. Wesson five discreet freeholders of said county be and they are hereby appointed to set apart and appraise, so much of said Estate as will be sufficient support for said widow and minor child for 12 months and a sufficient amount of the household furniture to be set apart in money or such other articles as the widow may select. And when they have done so, they are hereby required to make their return to me on or before the first Monday in January next.

David Bowling
Ordinary

Georgia Haralson
To the Ordinary of county said county the petition of Orlevia Perryman a minor child of Martin Ayers died. Respectfully showeth to the court that she is over fourteen years of age, that she desires to have a guardian appointed for her to take charge of her property that she has selected as such guardian her husband J.M. Perryman and prays the court to sanction her choice and appoint her said husband J.M. Perryman her guardian.

Orlevia Perryman
X
Her mark

Came into open court said Orlevia Perryman and being duly sworn said that the facts stated in the above petition are true swarn to and subscribed before me this February 3rd 1879.

Orlevia Perryman
X
Her mark

S.M. Davenport
Ordinary

Haralson Court of Ordinary
December Term 1875

It being shown to the court in the matter of Martin Ayers Will propounded by Austin Ayers, named as Executor. And no caveat having been filed. That the next of kin of testator have all been cited and made parties that due notice of the intentions of said propounder to proceed with the proof at this term of the court has been given to the next of kind viz..W.M. Ayers, Milley Goggans, Emily Stewart, N.E. Ganus, Mary Ann Ayers, Hiram Ayers, Sarah Bradley, Sarah E. Ayers, Julian Lassiter and H.C. Head as Guardians ad litem of all the minor heirs of the said Martin Ayers decd. That the said will has been proven to be the last will and testament of Martin Ayers as alleged by the propounder in his petition by the witness thereto who has been examined orally in open court. And besides made the usual affidavit of execution endorsed on said will.

Ordered by the court that said will be established as Martin Ayers last will and testament that the same be admitted to record and that said Executor have leave to qualify and upon so doing the letters testamentary issued to him.

David Bowling
Ordinary

State of Georgia
To the Ordinary of said Haralson County. County the petition Austin Ayers respectfully executor of Martin Ayers late of said county departed this life leaving as part of his estate specified in the inventory returned to the court a tract of land in said county and on which he resided that such is the condition of the estate of Martin Ayers that said land be sold to pay his debts and division that no fair division can be had amongst the heirs at law 13 in number of the land aforesaid wherefore he prays the judgment of the court of Ordinary granting an order to sell the land this August the 6th day 1877
Austin Ayers
Executor

Haralson Court of Ordinary

September Term 1877

The application of Austin Ayers Executor of Martin Ayers decd. To sell the real Estate of said deceased for distribution among the heirs having been read and considered and it appearing that it is to the interest of the heirs to have said sale and there being no objection filed. It is ordered that Austin Ayers executor as aforesaid have leave to sell all the real estate of said Martin Ayers for distribution among said heirs.

S.M. Davenport
Ordinary


This ends the Probate Records of Martin Ayers.

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