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~ Estate Record of John Lay ~

Estate Records of
John Lay of Gordon Co, GA
submitted by Angus P. Robinson

Surnames contained in these estate records: 
Bishop, Chandler, Cheatham, Fain, Fricks/Frix, Fuller, Garrett, Hawpe, Kellogg, Kiker, Knox, Lain, Lay, Lovinggood, Mackinley, McCarey, McConnell, McCreary, Mile, Miller, Mylie, Neal, Peeples, Phillips, Prater, Reeves, Reynor, Ritter, Smith, Stanford, Sutton, Terrell, Tinsley, Wilby
 
John Lay and his wife are buried in Chandler Cemetery in Calhoun.
Tombstones are still erect on their graves.  The LAY family owned
a ferry crossing on the river passing through their plantation prior
to the Civil War.  At the beginning of the war, they sold the ferry
crossing to the Confederacy.
Page 1
GEORGIA                   ] To the Honorable Court of Ordinary of said County,
 
GORDON COUNTY ] The petition of James Lay, Administrator on the
Estate Of John Lay, deceased, showeth that on the 15th day of eighteen hundred and sixty four, Petition was proposed in his own right as Administrator of the Estate of John Lay, deceased, dated June 2nd, 1864 and signed by S. D. Mylie, Ordinary.
          Your petitioner further showeth that he had the Ordinaries office of the County aforesaid the following petition applications, vis, upon which orders were issued & other proceedings had and will hereafter more appear.
          Petition for Citation to issue to obtain letters of Administration on the Estate of John Lay., deceased, dated April 22, 1862.

James Lay [Seal]

* * * * *

Order granted by the Court of Ordinary of said County that Citation dated April 22, 1862.

S. D. Mylie, Ordinary.

* * * * *

Citation for Letter of Administration on the Estate of John Lay, deceased, dated 2nd day of June 1862.

S. D. Mylie, Ordinary.

* * * * *

Administration bond for the sum of Seventy thousand dollars, dated 2 day of June 1862.

S. D. Mylie, Ordinary.

* * * * *

Application for the appointment of appraisers to appraise the estate of John Lay, deceased, and an order for Warrant of Appraisement to be issued to Henry McConnell, P. Fricks, A. W. Reeves, S. G. Chandler and J. D. Tinsley, J.P., dated June 2, 1862. 

S. D. Mylie, Ordinary.

* * * * *

Warrant of Appraisement directed to J. D. Tinsley, J.P., Henry McConnell, P. Fricks, A. W. Reeves and S. G. Chandler to appraise the estate of John Lay, deceased & return to the Court of Ordinary an inventory of the Appraisement, dated 2nd Day of June 1862.

S. D. Mylie, Ordinary

Page 2
* * * * *

Inventory of the personal property (as returned by the appraisers) of the estate of John Lay, deceased, dated lst day of July 1862.

J. D. Tinsley, J.P.
Henry McConnell
Pleasant Fricks
A. W. Reeves, appraisers.

* * * * *

Sale Bill of personal property including negros with affidavits annexed. Made before S. D. Mylie, Ordinary, on the lst Day of April 1863.

James Lay

* * * * *

Annual Returns on said Estate & Affidavit annexed before S. D. Mylie, Ordinary.

James Lay

* * * * *

GEORGIA                    ] By S. D. Mylie, Ordinary of Said County
GORDON COUNTY ] To: J. D. Tinsley, J.P., Henry McConnell, Pleasant Fricks, A. W. Reeves, S. G. Chandler. This is to authorize  you or any three of you to appraise the good and chattels of the late John Lay, ten dollars & cents so far as the sum shall be produced to you by James Lay, the Administrator of John Lay (The said Administrator being bound to produce to you for appraisement all and singular the goods and chattels of his intestate which hath or shall come into his hands, possession and knowledge) you having first taken an oath before some proper person well and surely so to do. A certificate for which oath you are required to return annexed to said appraisement; and when the same appraisement is completed you are required to make an inventory of all the property appraised and the value of appraised articles by any three or more of you and return the whole to the Ordinary of said County within the time prescribed by law together with this warrant.
In Testimony whereof I Have hereunto set my hand and seal this June 2, 1862.
 
S. D. Mylie, Ordinary &
Ex-Officio Clerk
* * * * *

Recd. of James Lay, Administrator on the estate of John Lay, decd., one thousand eight hundred & seventy one & 28/100 dollars in lieu of my distributive share of all monies raised from the sale of real and personal property of said estate sold prior to this date, Dec. 28th, 1862.

John Lay

* * * * *

Receipt for three thousand, six hundred & forty two & 56/100 dollars, December 28th, 1862.

E. H. Lain.

Page 3
Receipt for three thousand, six hundred & forty two & 56/100 dollars, December 28th, 1862.

Charles Lay.

* * * * *

Receipt for three thousand, six hundred & forty two & 56/100 dollars, December l8th, 1862.

Polly Mile.

* * * * *

Receipt for three thousand, six hundred & forty two & 56/100 dollars, December 28th, 1862.

James Lay

* * * * *

Receipt for three thousand, six hundred & forty two & 56/100 dollars, December 28th, 1862.

J. P. Terrell

* * * * *

Receipt for three thousand, six hundred & forty two & 56/100 dollars, December 28th, 1862.

W. J. Fuller

* * * * *

Receipt for three thousand, six hundred & forty two & 56/100 dollars, December 28th, 1862.

Joel Fain

* * * * *

Receipt for one thousand, eight hundred & seventy one & 28/100 dollars, December 28th, 1862.

John Lay

* * * * *

Receipt for one thousand, eight hundred & seventy one & 28/100 dollars, December 28th, 1862.

Bowdin Lay

Page 4
GEORGIA               ]
Court of Ordinary ] Citations having been duly issued and January Term - 1863 ] published requiring all and singular, the next of kin and creditors of John Lay, deceased, late of said county, why permanent letters of Administration should not be granted to James Lay of said county, and the parties making no valid objection in the premises; it is ordered, viz, the court, that the letters of administration issued to James Lay, as Administrator of John Lay upon his givinq bond and security in the sum of seventy thousand dollars, the usual oath of office, Charles Lay, his surity

S. D. Mylie, Ordinary.

GEORGIA         ] Know all men by these presents that we, James Lay
Gordon County ] as principal and Charles Lay as surety are held and firmly bound with the Ordinary for said county and his successors in office in the just and full sum of seventy thousand dollars for the payment of such sum to the Ordinary and his successors
in office we find ourselves, our heirs jointly and singularly firmly by these presents, sealed with our seals and date, this 2nd day of January 1863.
The conditions of the obligations is such that if the above bound
James Lay who has permanent Administration of the goods & chattels and credits of John Lay, late of said county, decd., do make a true
and perfect inventory of all and singular, the good chattels and credits of said deceased which have or shall come to the hands, possession or knowledge of the said James Lay or in the hands of any other person of persons for him and the same so made to exist in said county of Ordinary when he shall be there unto required by the Court of Ordinary for said County and all the rest of the goods, Chattels and credits which shall be found remaining upon the account of said administration, the same being first, allowed by the court, shall deliver and pass to such person or presents, respectively, as are entitled to the same by law and if it shall hereafter appear that any last Will and Testament was made by the deceased and the same be proven before the court and the executor obtain a certificate of the Probate thereof and James Lay, Administrator in such case, if required, surrender & deliver up the said letters of Administration, then this obligation to be void, else remain in full force.
James Lay (Seal}
Charles Lay [Seal}
Signed, Sealed and acknowledged in open court by me, S. D. Mylie, Ordinary.
JAMES LAY, Administrator of John Lay, deceased,
in a/c with the estate of John Lay. 1862
Dec. 28, by Acct. as per voucher No.  1       $ 3,642.56
Dec. 28, by Acct. as per voucher No.  2          3,642.56
Dec. 28, by Acct. as per voucher No.  3          9,642.56
Dec. 28, by Acct. as per voucher No.  4          3,642.56
Dec. 28, by Acct. as per voucher No.  5          3,642.56
Dec. 28, by Acct. as per voucher No.  6          3,642.56
Dec. 28, by Acct. as per voucher No.  7          3,642.56
Page 5
Dec. 28, by Acct. as per voucher No.  8          1,821.28
Dec. 28, by Acct. as per voucher No.  9          1,821.28
Dec. 28, by Acct. as per voucher No. 10              21.50
Dec. 28, by Acct. of money received                   868.06
Dec. 28, by Acct. as per paid out                         744.80
                                                                      ______________
                                                                          $ 30,766.92
Dec. 28, by Acct. Allow by Ordinary                    73.87
                             extra services
                                                                       _____________
                                                                          $ 30,739.99
To Acct. from sale of personal property      23,452.55
To Acct. from sale of land                              11,850.00
                                                                       ______________
                                                                         $ 34,503.55
Sale Bill Of John Lay, Late of Gordon County, deceased.
 
Bed & Bedding to E. J. Kiker                      $ 100.00
Bed & Bedding to Sarah Lain                         110.00
Buggy to Joseph Terrell                                  198.00
Blaze backed horse to Charles Lay                800.00
Cover lid?                                                              85.00
Cover lid?                                                              85.00
Cover lid?                                                              65.00
Cover lid?                                                              70.00
Cover lid?                                                              60.00
Cow & calf                                                           100.00
Cow & calf                                                             80.00
Doublewove counterpin                                       35.00
Doublewove counterpin                                       30.00
Doublewove counterpin                                       50.00
Set chairs                                                              15.00
Set chairs                                                                8.00
Negro man, George to J. P. Terrell            1,500.00
                                                                  ________________
                                                                     $ 23,452.55

**********

GEORGIA         ] In person appeared James Lay, Administrator
Gordon County ] of the estate of John Lay, decd., who being
duly sworn saith that the above return is just and true as it stands.
Sworn to & subscribed before me Jan. 25, 1863
James Lay (Seal)
S. D. Mylie, ordinary

1 Farm to Lawson Fields for $ 11,000.00

Page 6
GEORGIA         ] In person appeared before the undersigned
Gordon County ] James Lay, Admins. of John Lay, deceased, who being duly sworn saith that the above return is just and true as it stands stated.
Sworn & Subscribed before
before me this April 1, 1863.                                                                                     James Lay
S. D. Mylie, Ordy.

********

Two months after application will be made to the Court of Ordinary of Gordon County, Georgia at the first term after the expiration of the two months from this notice for leave to sell the lands & negros belonging to the Estate of John Lay, deceased, for the benefit of the heirs 6 children of said deceased, Apri1 1, 1863.                                                                                                           James Lay
                                                                                                 Administrator of                                                                                                John Lay

********

GEORGIA         ] To the Court of Ordinary of said County, the Gordon County ] petition of James Lay, Administrator of John Lay, showeth that John Lay, late of said county, departed this life leaving as part of his estate sixteen slaves, all specified in the inventory returned to the Court and a tract of land in said county on which he resided. That such is the situation of the estate of John Lay that said land and slaves should be sold for division, that no fair division can be had among the heirs at law, nine in number, of the land and negros aforesaid. That he has given due notice of this, his intended, by publication whereof he prays the judgement of the Court of Ordinary
granting said order to sell the land and negros.
                                                                                                    James Lay
                                                                                                  Administrator of                                                                                                      John Lay
 
In person before me came the aforesaid James Lay, Administrator of John Lay and being duly sworn saith the facts stated in the above petition are true.
Sworn to & Subscribed                                                                                      James Lay
before me this June 2nd, 1863                                                            Administrator of John Lay. 
                                                                                                                         S. D. Mylie, ordinary.
 
Receipt for twenty one & 50/100 dollars, April l, 1863.
S. D. Mylie, Ordinary.
* * * *
Sale Bill of Personal Property at 2nd sale with affidavit annexed made before S. D. Mylie, Ordinary, January 15, 1864.
                                                                                                James Lay
 
GEORGIA                    ] In person appeared before the undersigned,
GORDON COUNTY ] James Lay, Adm. of the Estate of John Lay,
late of said county, desd., who being sworn saith that the return is just & true as it states.
Sworn to & Subscribed before
me this January l5th, 1864.                                                                            James Lay.
                                                                                                                   S. D. Mylie, Ordinary

 

Page 7
Return of James Lay, Administrator on the Estate of John Lay, decd., with affidavit annexed made before 8. D. Mylie, Ordinary,
March 1st, 1864.                                                                                  James Lay

********

Receipt for one hundred & ninety one & 79/100 dollars, March 1st, 1864.
                                                                                                                       Fannie Terrell.

********

Receipt for one hundred & ninety one & 79/100 dollars, March 1st, 1864.
                                                                                                                         W. J. Fuller.

********

Receipt for one hundred & ninety one & 79/100 dollars, March lst, 1864.
                                                                                                                          Sarah Lain.

********

Receipt for one hundred & ninety one & 79/100 dollars, March lst, 1864.
                                                                                                                           James Lay.

********

GEORGIA                             ] To James Lay, it has been represented
Gordon Court of Ordinary ] to the court that you claim to be the Administrator of the estate of John Lay, decd. and upon examination of the record it appears that you have not given bond and security in terms of the law and if so the same has been lost or destroyed, and you not having made any actual return of your actions and doings as administrator, it is therefore ordered that you show cause at the next term of this court why you should not give bond & security in terms of the law and make a true return of your actions and doings as administrator if ever you was such and in default. Therefore your said letters, if any you ever have, will be revoked and set aside.
Given under my hand and official seal this June 3, 1868.
 
                                                                                  D. W. Neal
                                                                                Ordinary
I hereby acknowledge service on the within rule, vis., and will attend at the next court of Ordinary, June 19, 1868.
                                                                              James Lay
That on or about the said day eighteen hundred and sixty four said
papers, as well as the ordinaries books upon which said were recorded, were destroyed by the Federal Army wherefore your petitioner prays the annexed copies of said papers may be established in lieu of originals and that said copies so established be admitted to record in the Ordinary Office of said County as your petitioner will ever pray.
July 2, 1868.
                                                                             Cantrell V. Kiker,
                                                                             Petitioners Atty.
Page 8

*********

State of Georgia ] In person appeared before the undersigned
Gordon County   ] James Lay who being sworn saith that the facts stated in the foregoing petition relative to annexed copies of papers are true and that the copied papers are true and exact copies of the original papers destroyed as near as he can recollect.
Sworn to before me this 18 August 1868
D. W. Neal, ordinary                                                                           James Lay

**********

GEORGIA         ]
Gordon County ] To the Court of Ordinary of said county the petition of James Lay, Adms't. of John Lay, showeth that as Adms't. he has on hand a lot of rent corn belonging to said John Lay's estate, and that it is to the interest of said estate to sell said corn at  public sale and James Lay, admis't, as aforesaid prays an order granting leave to sell said corn, your petitioner will ever pray.
Nov. 4, 1868.
                                                                           Cantrell V. Kiker
                                                                          Personal Atty.

**********

Gordon Court of Ordinary
November term - 1868
The application of James Lay to sell the rent corn on the farm of John Lay having been received and considered, it is ordered by the court that said James Lay has permission to sell the corn on hand at private or public sale as he may think best for the interest of the estate.
                                                                   D. W. Neal, Ordinary

**********

ABSTRACTS OF GORDON COUNTY ESTATE RECORDS
 
NERO LAY, April 10, 1893, Sons: Sam, Joseph, and William Lay; Also James Garrett and Belle Wilby. William Lay, executox.
 
JAMES LAY, wife Elizabeth, June 21, 1868, Sam Lovinggood; grand-daughter, Josephine Lovinggood, Charles Middleton Lay (son).
 
ARCHELEUS LAY, April 25, 1904, wife Martha Elvina [Grant) Lay.
Children: Emma C. Lay, Myra Lay Reed, Mary Jerusha Lay McCreary,
James A. Lay, John T. Lay, and Louis A. Lay.
 
LOUIS A. LAY, May 14, 1919, wife Emma Jane Lay, widow age 47, Frank A. Lay, son age 28, of Birmingham, Alabama; Ruth Ritter age 26 of SC; James A. Lay age 24, of Calif.; Marjorie age 22 of SC;  Oscar Lay age 28 of Calif.; Louis R. Lay, age 19 of SC.
Page 8
ANNA LAY, age 18, SC; Charlie H. Lay, age 15, SC; Ella Lay, age 13, SC; Clyde B. Lay, age 11, SC; Joe H. Lay, age 9, SC; Green Lay, age 7, SC; Wilson MacKinley Lay, age 5, SC; Boone C. Lay, age ?, SC. May 14, 1919.

JAMES LAY, Sept. 5, 1868, late of Louisiana, wife Elizabeth McKinney Lay, Sons: Charles M. Lay, T.H. Lay, C.M. Lay, adm.

WILSON LAY (of Texas), Children: W. M. Lay, J. H. Lay, R. W. Lay, Mrs. S.A. Smith, John H. Lay, T. H. Lay, and L. B. Lay.

JOHN T. LAY, February 13, 1929, Heirs Mrs. Martha Reyner, Mrs. Thomas Cheatham, Mrs. Myra Pater, Mrs. Mary Stanford, James A. Lay Jr., M.J. McCarey: Mrs. Emma Sutton.

L. A. LAY, deceased, heirs of: Assigned shares: Mrs. Emma J. Lay to F. A. Lay, Mrs. C. H. Phillips, O. R. Lay, L. R. Lay.

ANNIE LAY, C.B. Lay, Mrs. Emma J. Lay (guardian), Mrs. H. J. Ritter, J. A. Lay, Ella Lay, Clyde Lay, Joseph Lay, Irene Lay, Mark Lay, and Boone Lay.

LOUIS ROBERT LAY, deceased October 31, 1947 (will made on that date), wife Lillie Mae Lay.

JESSE "Dock" LAY, August 17, 1957, wife Helen Knox Lay, age 54, Adm. Heirs: Mary Lay, age 34, daughter; James R. son; Bobbie S., son; Jennetta, daughter; Margaret Lay (Montona) age 32, daughter; Carolyn, daughter; Bennett, son; Francis E. Lay, daughter.

EMMA JANE LAY, Nov. 9, 1951, names heirs Francis Irene Lay; also Boone and Louis Lay.

ARCHELEUS LAY, Feb. 3, 1930, names wife, Nancy Lay, Heir, by Jesse Lay.

********************************************

COUNTY LAND RECORDS

Georgia Archives MF 93I57 Murray County, GA Deed Book G, 1846-1849, p.326

Murray Co., Georgia - 23 March 1835 - Deed from John Lay of Cass County to George Hawpe . . . for $200.00 . . . Lot #78 in the 9th District and 3rd Section, 168 acres. (Signed) JOHN LAY
Witnesses: Wm. N. Bishop, George Kellogg, I.P.
Recorded 8 March 1848
 
Gordon County Deed Book "A' pp. 432-433
Gordon County 15 December 1852, Justices of Inferior Court to JOHN LAY, #402 Calhoun town lot # 5, 8th section, 50' x 100'.
J. N. Miller.
William M. Peeples, C.S.C.
 
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