February Term 1876
Georgia, Washington County
To the Court of Ordinary of Said county
The petition of Nathan Hataway respectfully showeth that Baton Hataway
late of said county died testate leaving a will bearing date 25 April 1875
That he died on January 1876 leaving a wife
and Nathan Hataway, John Hataway, Benj O Hataway, Alfred B Hataway, Penny
Hataway Ann Giles wife of N B Giles Polly Curry widow of John Curry
Francis Hataway and the wife and children of Jack Hataway residing in the
State of Alabama Lee Hataway's widow residing in the county of Washington
where all the Legatees other than Jack Hataways children also reside.
That his property consists of notes and accounts, House hold &
Kitchen funrature all of the aggregate value of Six Hundred Dollars-- And
your petitioner is the Executor duly named in said Will and he is
desirious of proving the same in common form upon the testimony of Geo W
Stavely one of the subscribing witnesses-- And your petitioner prays that
upon such proff being had that Letters Testamentary do issue to him in
terms of the Statute.
Langmade & Evans Atty for Excr.
Upon hearing the above petition and upon the testimony of
George W Stavely who came into open court and was examined as to the
competency & execution of the paper purporting to be the Will of Baton
Hataway says that Baton Hataway at the time of the execution of said Will
was of sound and deposing mind and memory, that the same was executed
voluntarilyand without any undue influence or compulsion whatever, but the
same was his free and voluntary act & deed and that he signed the same
in the presence of the Testator with the other witnesses who saw said
Testator sign the same in the presence of said witnesses and all done at
his special instance and request.
Whereupon it is ordered and considered by the court that
the same be admitted to record as proven in common form and that letters
Testamentary do issue to said Nathan Hataway in terms of the law.
Clement C. Brown Ordny W C
Whereas the Cash in the county Treasury is insufficient to
pay off the Pauper Scrip of the county and whereas the holders of said
scrip can get provisions at cash prices on said said where 12 percent per
annum is allowed.
It is therefore ordered that 12 percent per annum be
allowed on pauper scrip from the date of its issue and that the Treasurer
is hereeby authorized to pay said interest with the principlal out and any
county funds coming into his hands.
Feb 7th 1876
Clement C. Brown Ordinary
Source: Washington County Georgia Court of
Ordinary, February Term 1876, p. 320
The list of legatees is interesting. Baton's surviving sons appear to be
listed in birth order: Nathan, John, B. O. and A. B. The wife of his
eldest son David J ("Jack"), who is known to be deceased, is
listed as is the widow of Leonidas ("Lee"). Thomas L. M.
Hattaway is not mentioned at all. Jack's wife Elizabeth is known from
census records and probably died about 1884, as a
quitclaim deed was filed in January 1885 by B. O., A. B. and Francis
Hattaway and Ann Giles. The deed is in favor of Mary Ann Joiner, unknown
except from that document. Jack's children are not evident from Alabama
census records; however the family has not been found in the 1860
The name after "Alfred B Hataway" has been
previously transcribed as "Henry" but the initial letter is
nothing like the numerous other H's in the document. The only known Penny
Hattaway in Washington County was Penny Stavely Hattaway, probably the
widow of John B. Hattaway; this information is from her son John Penny
Hattaway's death certificate and I have no other information on John B.
Hattaway. Baton and Martha Hattaway had some daughters whose
marriages/fates are not known so it is not impossible that the Penny
Hattaway mentioned in this document is an unmarried older daughter. Other
transactions and census records show that Penny Hattaway and her children
were very close to Baton and Martha but her exact relationship is unknown.
If she is not a daughter, she is the only person listed who is not a
member of the immediate nuclear family.
While the sons appear to be listed in birth order the
same does not appear to hold for the daughters. Ann Giles (b. 1827) is
younger than Mary Curry (b. 1819) but by 1876 Mary Curry had been declared
an imbecile and was under a guardianship. In addition, Ann's husband N. B.
Giles seemed to have a very high standing in the community, based on
numerous newspaper references. Francis is the youngest daughter and is the
only child left a specific bequest in the will. Jack and Lee's widows are
not named, although as stated previously Jack's wife Elizabeth is known
from census records. Leonidas appears on the 1850 census as a 19 year old
but no other reference to him has been found, nor is his wife's name
Curiously, Baton's presumed daughter Martha Hattaway
Amerson is known to be alive, married and living in Washington County in
1876 but she and her family are not mentioned, nor is she listed on the
Alabama quitclaim deed (neither is John Hattaway). There is the
possibility that one of Baton and Martha's unknown daughters was Lucresia
Hattaway, who married John Giles and bore a son, Andrew, before dying at a
young age. Andrew Giles is also not mentioned as a legatee. By 1876 he was
the 26 year old son of a well-to-do Bibb County farmer.