Brown, Mary

   General Notes:

Mary was evidently fond of her step-granddaughter, Ellie Gibson, daughter of Dr. James M. Trotter's second wife. Ellie was one of the witnesses to Mary's will.

After the deaths of her son, George M. Trotter, and daughter, Adelaide, in the 1856 typhoid epidemic, Mary moved to Garrard Co. KY and lived a while with her son, Manning Cora Trotter, and his family (U.S.Census, 1860, Gerrard Co., KY). After M.C. died, Mary moved to Taylor Co. with his widow and children. Later Mary moved to Cedartown, Polk Co., GA to live with another son, Dr. James M. Trotter, and his family, until Mary's death in 1874.

There were 8 children born to Mary and Benjamin. The 1840 Census lists 6 boys and 1 girl. We know they had one more girl after that Census and that Stephen died before the next one.

   Events:

1. Probate; 23 Jul 1874; Cedartown, Polk Co., GA.

2. Probate; 21 Apr 1874; Cedartown, Polk Co., GA. see photocopy in my file. Polk Co. Will Book A, p. 56:

"1st Probate. Georgia, Polk County: Before me came on thi
s the 21st day of April 1874 at chambers for the purpose of proving the last will and testament of Mary Trotter the witnesses to Said will to wit Ellie Gibson & Fannie Powell and the will having been before that time brought before me for probate by the Executor James M. Trotter who has filed his petition for probate of the Same, they the Said witnesses deposeth & saith that they Saw Said Mary Trotter Sign & publish the Same attached to this Sheet as her last will & testament on the day & year therein Stated as executed by her; that they witnessed the Same at her request in her presents [sic] and in the presence of each other, that the Same was voluntarily Executed by her while She was of Sound and disposing mind & memory.

Ellie Gibson Fannie Powell

Sworn to and Subscribed before me this the 21st day of Apri
l 1874. Joel Brewer, Ordinary

Miss Fannie Power was Sworn to and Subscribed before me Apr
il 27th 1874. Joel Brewer, Ordinary"

3. Probate; 16 May 1874; Cedartown, Polk Co., GA. Polk Co. Record of Wills, Book A, Part 1, p. 56:

"Counter Affidavit of Fannie Powell
State of Georgia, Polk County
Personally appeared before me Joel Brewer ordinary in and f
or Said county, Fannie Powell, who after being duly Sworn deposeth & saith that She assigned the will of Mary Trotter hereto attached to this Sheet as a subscribing witness and that She also was qualified in the proving & probate of Said will as appears from the above affidavit and that the Same was read over to her by the ordinary before qualifying & being assigned by her, but that she did not understand what she was doing that she had never previous thereto been, nor Saw any one since and that she did not know truly that she was being sworn tho she had heard what she has since been informed to be an affidavit read & held up her right hand and also assigned said affidavit but as before stated was perfectly ignorant of the true intent & meaning of the Same. Said Deponent further Saith that in place of her assigning said will as a witness at the request of Said Mary Trotter while she was of sound and disposing mind and memory, that Mr. J. M. Trotter & his wife, Mary T. Trotter was the parties that requested deponent to assign said will as a witness and that she does not believe that Mrs. Mary Trotter was of Sound and disposing mind & memory or that the Same was Voluntarily executed by said Testator for the reasons to wit: That Testator was raised up by Mrs. Mary T. Trotter in a sitting position on the bed while a colored woman sat at said testators back to hold her up. Mrs. Mary T. Trotter then held Testators hand & fingers to the pen in one hand & assigned said will with the same. That J. M. Trotter & Mary T. Trotter his wife repeatedly called Testator but she did not answer except to groan. And that the Said Deponent believes that Mary Trotter the testator was at that time dying. Said deponent further Saith that upon being informed of the true intent & meaning of the first named affidavit as aforesaid that she voluntarily makes this the second one that the error may be corrected & justice done in the premises. [signed] Fannie Powell

Sworn to and Subscribed before me May 16th 1874. Joel Brew
er, Ordinary"

As damning as this affidavit may have been, nothing came o
f it and the probate of Mary's will and estate was accomplished by Dr. Trotter without incident.

4. Probate; 6 Jun 1874; Cedartown, Polk Co., GA. Ordinary Court of Polk Co., GA
The Hon. Joel Brewer, Ordinary Presiding
as recorded in Minute Book A

p. 177 To the Ordinary of said County, The petition o
f James M. Trotter Respectfully showeth that Mary T. [surely this initial is an error, confusing the deceased with her daughter-in-law!] Trotter late of Said County departed this life on the 8th day of April last past leaving a considerable Estate both real and personal and that prior to that time she made her Last Will appointing therein your petitioner her Executor. He therefore prays that said will be proved in vacation and that an order do pass admitting same to Record and that Letters Testamentary do issue in terms of the law and as in duty bound your petitioner will ever be, this the 6th day of June 1874. [signed] J. M. Trotter

Before me came on this the 6th day of June 1874 in chamber
s for the purpose of proving the last will and Testament of Mary T. (sic) Trotter, the witness to wit. Ellie Gibson and the will having been before that time brought before me for probate by the Executor James M. Trotter who has filed a petition for probate of the same. She the said witness depose and saith of the same that she saw said Mary Trotter sign and publish the same as her last will on the day and year then stated as executed by her, that Deponent saw Fannie Powell & W. J. Marion sign said will together with herself as witnesses, that they witnessed the same at Testators request in her presents (sic) and in presents (sic) of each other and that the same was voluntarily executed by Testator while she was of sound and disposing mind and memory. [signed] Ellie Gibson

Sworn to and subscribed before me this 6th day of June AD 1
874 [signed] Joel Brewer, Ordinary

5. Probate; 14 Jul 1874; Cedartown, Polk Co., GA. Record of Wills, Book A, Part 2
By Joel Brewer, Ordinary in & for said County. To all to whom these presents shall come. Greeting. Know ye that on the sixth day of June 1874 the last will and testament of Mary Trotter late of said County was exhibited & proven in vacation and admitted to record at the regular term of the Court of Ordinary for said County on the sixth day of the present month July 1874. A copy of which is annexed duly certified at which time an order was also taken to allow James M. Trotter named Executor in said Will to qualify and that letters Testamentary should issue to him upon qualifying as such Executor. Now therefore the said James M. Trotter having taken the oath of office anu complica (?) with all necessary prerequisites of the law, said James M. Trotter is hereby authorized to discharge all the duties of an Executor on the will of Mary Trotter to administer the property of said deceased which is devised according to the will and the Law of the Land, and said James M. Trotter is hereby required to render a true and perfect Inventory and Appraisement of all and singular the goods & chattel rights & credits of said Deceased and make returns of them to the proper Court, and further to report annually to the same officer the situation of said Estate his actings & doings until his Executorship is fully discharged.

Given under my hand and affixed seal this the 14th day of J
uly 1874. [signed] Joel Brewer, Ordinary Ex officio Clerk thereof of said county [Note: I did not find any further record of Dr. Trotter filing an annual return or any other documents regarding his mother�s estate.]


Ordinary Court of Polk Co., GA
The Hon. Joel Brewer, Ordinary Presiding
as recorded in Minute Book A

July Term 1874
p. 186 The last will and Testament of Mary Trotter of S
aid county Deceased having been proven in vacation by one of the witnesses to witt Ellie Gibson on the 6th day of June 1874 who was one of the Subscribing witnesses thereto in common form of law, and upon motion it is ordered that Said will be admitted to record and that James M. Trotter the Executor named in Said will have leave to qualify as such, & upon him taking the oath of office then letters Testamentary will issue to him. [signed] Joel Brewer, Ordinary

I do solemnly swear that this writing contains the last wil
l of the within named Mary Trotter Deceased, so far as I know or believe and that I will and truly execute the same in accordance with the laws of this state so help me God. [signed] J. M. Trotter

Sworn to and subscribed before me July 14th 1874 [signed
] Joel Brewer, Ordinary

6. Will; 7 Apr 1874; Cedartown, Polk Co., GA. see photocopy of her will in my file. Polk Co. Record of Wills, Book A, Part 1, pp. 55-56:

"This is the last will and testament of me Mary Trotter o
f the County of Polk, State of Georgia. I will and bequeath my property of land with all of its tenements, appurtenances, rights and hereditaments and premises with all of my personal property which is situated lying and being in the Second District and fourth Section of Polk County and State of Georgia with all of my landed estate with its tenements, rights, appurtenances, hereditaments and premises with all personal property now lying & being in the Eighth Section of Orange County, Florida, with all other lands with improvements in Said county with personal property therein. And I do hereby give and bequeath all of my interest in the Estate with all rights and titles of property or money inherited from my husband, Benjamin Trotter, deceased, of the State of Indiana, all of which property and estate herein specified I will and bequeath to my son, James M. Trotter, during his life to use, control, enjoy, sell and convey and at his death to be the property of his heirs who may survive him which shall be equally divided among them. And I do constitute and appoint my son, James M. Trotter, the Executor of this my last will and testament who shall not be answerable to any one else for any act or Deed in any way connected with the disposition of my real or personal estate, money or property, Deeds, Bonds, Mortgages or accounts owned or inherited which I herein bequeath to him. And I do hereby revoke all former wills by me at anytime heretofore made or promises or declarations heretofore made. And I do declare this only to be my last will and testament. In witness whereof I have to this last will set my hand and seal. Mary X [her mark] Trotter (seal)

In presence of us, Witnesses: Ellie Gibson, Fannie Powell
, W. J. Marion

This the Seventh day of April AD (1874) Eighteen Hundred an
d Seventy four"

   Marriage Information:

Mary married Benjamin Trotter, son of James Trotter Jr. and Rachel E. (Trotter), in Jul 1820 in Guilford Co., NC. (Benjamin Trotter was born about 1800 in North Carolina and died on 24 Jun 1849 in Aurora, Dearborn Co., Indiana.)