Gibson, Ellington L. ("Ellie")

   General Notes:

Her name is likely a family name. Her father's brother, William F., had a son, William T. (1844-1912), who named his son, Willis Milner Gibson (1866-1920), and he named HIS son, William Ellington Gibson (1885-1996).

see Marriage Book A, at p. 199: 3 Sep 1876 - Ellington L. Gibson was married to Edward A. Baker, by Joel Brewer, Ordinary, in Polk Co., GA. Witnesses: James E. Jones and M. G. (?). Sometime after that, although I cannot find the record, her sister Jimmie married Ed�s brother, A. L. Baker. Strangely, the marriages are all recorded alphabetically, out of chronological sequence. It is probable that while recording them after the fact, the Clerk failed to record Jimmie�s marriage.

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

February Term 1877
p. 2845 Feb - Petition of Ellington Baker, under 21 but over 14, recently married E. A. Baker who is of full age, asking that L. H. Walthall be released as her guardian & she asks that the court appoint her husband her legal guardian. Witnesses: Mary T. Trotter and Hattie Hurst. Ellington�s husband gave bond of $3,000. Joel Brewer, Ordinary

March Term 1877
p. 28622 Feb - Petition of E. A. Baker as guardian of Ellington Baker, says L. H. Walthall repeatedly refuses to turn over said estate to him and asks the court to require Walthall to appear at the next term & produce his accounts for settlement & turn over to Petitioner the estate of his said ward. [signed] E. A. Baker

Ordered that citation issue. Ordered that Walthall submit his accounts for settlement & turn over to E. A. Baker, Guardian, all property & effects in his hands, possession, or control belonging to Ellington Baker. [signed] Joel Brewer, Ordinary

September Term 1879
p. 392Annual return of E. A. Baker, Guardian for Ellington Baker, filed 10 Jul 1879. Ordered allowed & recorded as correct 1 Sept 1879. [signed] Joel Brewer, Ordinary


Jan 1880 - Dr. Trotter wrote to Judge Brewer asking if he would collect $30 from E. A. Baker (Ellington Gibson�s husband) for farming implements according to their rent contract. Perhaps Mr. Baker never knew where to find Dr. Trotter?

November Term 1880
p. 429Petition of Ellington G. Baker, wife of Ed A. Baker, & daughter of James G. Gibson, deceased, and A. L. Baker, Guardian of Jimmie G. Baker [why did she not appear for herself?], and daughter of James G. Gibson, Respectfully shows that said Ellington Gibson & Jimmie Gibson are the daughters & heirs of said James G. Gibson late of said County deceased, & that Springer S. Gibson of said County, is Admnr. of the Estate of said James G. Gibson, & that more than one year has elapsed since said administration began. Your Petitioners further show that said S. S. Gibson as such Administrator received a large amount of money & property both real & personal which he has failed & refused to pay over to the heirs of said Estate. He has failed & refused to settle with your Petitioners & two pay them the money due them as such heirs. Your petitioners therefore pray that S. S. Gibson, Admnr. as aforesaid, be compelled to appear before your Honorable Court at the next term thereof & then & there account & settle for all the assets of said Estate & pay over to your Petitioners all sums of money due them from said estate. [signed] Ivy F. Thompson, Petitioners Attorney

Your Petitioners amend the foregoing application & say that the land which was homesteaded by Mrs. Mary T. Trotter now Mrs. Mary T. King & formerly the wife of said James G. Gibson, deceased, should be sold by the Administrator of the estate of said J. G. Gibson for distribution. Said Homestead is & was void ab entio (?)1stBecause the Petition does not allege that the applicant was a citizen of the County;2ndBecause she was then the wife of J. M. Trotter & could not be the head of the family.3rdShe having married was not entitled to a Homestead out of her former husband�s
estate.4thThere was no assignment of the property to her husband J. M. Trotter.5thIf the said Homestead had been valid it has now reverted to the Estate of James G. Gibson because she has married H. C. King, & her two minor children, Clide Gibson and Eva S. Trotter died on or about the 15th of Sept. 1880 leaving only the heirs of said Estate your Petitioners & Mrs. Mary T. King.

[signed] Ivy F. Thompson, Petitioners Attorney [underscoring is mine]

Service waived & acknowledged 28 Oct 1880. [signed] Jos. A. Blauer, Respondents
Attorney

Filed in Ordinary Court 11 Nov 1880. [signed] Joel Brewer, Ordinary

November Term 1880
p. 430Answer
Baker vs. S. S. Gibson, Admnr. J. G. Gibson, for Settlement
To the Honourable Joel Brewer the Ordinary of Said County

Springer S. Gibson as the administrator on the Estate of James G. Gibson, deceased in answer to a note served on him at the instance of Ellington G. Baker [his niece] & A. T. Baker as the Guardian of Jimmie G. Baker [his niece] calling upon him to account to & settle with them for their interests in the estate of James G. Gibson deceased, Says that about the sum of eight thousand dollars came into his hands as such administrator, this sum was made up of the personal & real estate & suits (?) issues & profits. This statement will be verified by the appraisement made & returned to Commissioners appointed by the Ordinary of said County to which respondent begs to refer as often as may be necessary. Respondent says that in a short time after his qualification as such administrator, commissioners were appointed by the Ordinary to set apart a years support for the widow & minor children of said James G. Gibson & that they set apart for said widow & minor children the sum of twelve hundred dollars as will appear by their return to said Ordinary to which respondent asks leave to refer as often as the necessity of the case may require. Respondent says that the indebtedness existing against the said estate at the time the assets thereof passed into his hands was considerable & that the proceeds arising from the sale of the personable perishable property was altogether inadequate to the full payment & discharge thereof. The said Sale having been held on the _____ day of ___________ 1868 [blanks in the recorded document] as will appear by reference to the Sale Bill returned to the office of the Ordinary of said county & to which respondent begs the privilege of referring so often as he may see fit so to do. Respondent says that to pay off & fully discharge the remaining indebtedness against said estate he found it necessary to obtain an Order from the Ordinary of said county for a sale of a portion of the real estate. That said order was duly granted & in pursuance thereof and in compliance with statute for such cases made & provided sold some of the land of said estate to William Hurst on the 1st Tuesday in November, 1871 for the sum of $1,366.00 cash. The quantity sold & the time place & person to whom sold will all appear by reference to his annual returns made to the Ordinary of said county as required by law & to all of which he now begs leave to refer in this or any other connection that the exigency of the case may require. Respondent says that in pursuance of said order to sell he sold another portion of the real estate on the 1st Tuesday in January 1872 which was purchased by Messrs. Bunn & Neil at & for the sum of one thousand dollars. This fact will also appear by reference to the returns of Respondent & to verify which he begs [words missing here] belonging to said estate were divided in kind to the heirs at law of said James G. Gibson of whom Petitioners were a portion. This division & partition was had & made in conformity to the provisions of the Law respecting such matters as will be disclosed by the records of the court. [underscoring mine] Respondent says that on the application of the former wife of said James G. Gibson deceased, but at the time of said application the wife of Dr. J. M. Trotter with whom she had intermarried subsequent to the death of said James G. Gibson an exemption of personalty & a homestead of realty was set apart for the sole use & benefit of the said former wife & the minor children of said deceased among whom petitioners were included. The realty set apart included the dwelling house formerly occupied by said deceased & all the improvement adjacent thereto & one hundred acres of land, all of which was valued at the sum of two thousand dollars in gold. The personalty was valued at the sum of one thousand dollars in gold. Whether the exemption & household allowed as aforesaid was void originally or by dower the present cause has ceased to be of any legal force effect or validity, is to the mind of the respondent a question of delicacy & difficulty & one upon the satisfactory solution of which there can but exist the gravest doubts & embarrassments in the view of the most learned in the law. Respondent without dwelling further on this point presented by the petition of the Complainants will observe before dismissing the subject entirely that the law has exacted tribunal faithful & competent for the adjudication of matters involving such serious and complicated responsibilities & to them he now refers to problem in the faith & belief that then disposition of the course will be made wisely & well. Respondent says that if the courts shall decide that the homested is for any cause either originally or subsequently invalid he will take much pleasure in yielding his obedience thereto since he has no other concern in the matter but to follow the law & do right. Respondent says that in the ways above stated he received and disposed of the assets of the said estate & he thinks in so doing he has violated no rule of Law. He feels sure that his intuitions have been good throughout the whole course of his administration & if he has erred at all it has resulted from the want of more light & knowledge in the premises. Respondent says that by his land annual return made to the Ordinary on the 6th day of July in the year 1874 which said return he then & now says was true & correct he was as such administrator indebted to said estate in the sum of ninety five dollars and sixty cents ($95.60), that since that date he has paid to Dr. S. A. Borders the sum of forty seven dollars & twenty five cents (47.25) for costs due to him as the former Ordinary of said County, which sum deducted from the ninety five dollars and sixty cents leaves the sum of forty eight dollars & thirty five cents which now has in hand & had so kept & retained it in order to pay the expense of winding up the said estate & being dismissed therefrom as the administrator. Respondent now finally refers the whole of his actings & doings to the saniting (?) & decision of the court & offers to do any & every thing that shall be right & proper in the premises.
[signed] Joseph A. Blauer, Respondents atty.

Filed in office Nov 1st 1880. [signed] J. Brewer, Ordinary

p. 432To the Sheriff of Said County. Petition for Settlement.
Ellington G. Baker & A. L. Baker Guardian of Jimmie G. Baker
vs. S. S. Gibson admnr of J. G. Gibson Deceased

The Defendant is hereby notified and required personally or by attorney to be and appear at a court of Ordinary to be held in & for said County on the first Monday in November next then and there to answer the complaint of Petitioners as in default thereof the Court will proceed as to Justice shall appertain. Given under my hand this Sept 11th 1880. [signed] Joel Brewer, Ordinary

Nov 1st 1880 by Consent of Parties above case continued. [signed] J. Brewer, Ordinary

Petition for Settlement &c in the Court of Ordinary of Said CountyThe Parties to the above stated case agree & consent to appeal the said case to the Superior Court the cost to abide the final decision & further agree that all the questions made therein, the Validity of the Homested, its termination & settlement of S. S. Gibson admnr. with heirs of J. G. Gibson decsd. be all submitted to the Judge Presiding in Polk Superior Court & that he hear all the facts without the intervention of a jury & adjudicate the rights of the Parties, either party reserving the right of appeal to the Superior Court. Dec 6th 1880. [signed] Ivy F. Thompson, atty for Ellington Baker & A. L. Baker, Guard. and Joseph A. Blance atty for S. S. Gibson & Mary T. King

In pursuance to the above agreement, It is ordered that the above stated case together with all the papers & Bill of costs be transferred to Polk Superior Court on appeal. Dec 6th 1880. [signed] Joel Brewer, Ordinary