Thomas was the son of Benjamin and Nancy Steadman Ashworth.

His Last Will and Testament was filed in Gwinnett County, Ga.

Petition

Georgia
Gwinnett County : To the court of Ordinary of the said county :
The petition of R.W. Mullinax and William W. Ashworth shows as follows:

Par. 1st

That Thomas Ashworth, a resident of the said county, departed this life in the city of Atlanta, in the said state, while temporarily absent from his home, on the 6th day of June 1919., leaving in existence a paper which he had executed therof, which paper
is on file in the Clerk's office of the said court, and copy thereof attached hereto.

Par. 2nd

The next of kin to said deceased intitled to inherit his estate under the was of this
State, are Mrs. Ida Ashworth, his widow, and the following named children, to-wit:- Fannie May Ashworth, Bertha V. Ashworth, and Marion E. Ashworth (children of said Ida Ashworth) Linda Ashworth, Ollie Ashworth and Mrs. Ina Shaw all of said county: and Silas W. Ashworth, Your petitioner William W. Ashworth, Mrs Lou Hansford and Oliver Ashworth of Forsyth county Mrs. Minnie Mullinax and Mrs. Lizzie Tidwell of Ben Hill County; and Mrs. Lisabella Beal of Fulton county, all of State.

Par. 3rd

Each of the said next of kin are above the age of twenty one years and sui juris except Oliver Ashworth of Forsyth county, and Ollie Ashworth, Fannie May Ashworth, Bertha V. Ashworth and Marion E. Ashworth of said county, who are minors, the three last named each being Under the age of fourteen years; neither of said minors have any legal guardian.

Par. 4th

Albert Wesley Holtclaw, who is named in said will as a legatee and interested here-in,
is also a minor, is a resident of said county, and has no legal guardian.
Wherefore, your petitioners showing the court that the said deceased died possessed
Of considerable property both real and personal. desiring to offer said will for probate,
Come now and present this petition and pray the same be field and that citations be issued
And served as the law directed upon each of the named next of kin, requiring them to show cause at the next term of the Honorable Court why said paper should not be set up and established as t he only true last will of the said Thomas Ashworth. And that some fit and proper perso be appointed by the Court as guardian ad litem for the minors as interested therein to represent the, in this proceeding; and upon proper proof in solemn from admitted to record by the Court. And petitioners be allowed to qualify as executors thereof and that letters testamentary issue to them as such executors.
And petitioners will ever pray, etc.

H. L. Patterson,
Attorney-for Petitioners.

ORDER OF CITATION SERVICE
Ordinary's office, Gwinnett, Georgia, June 11, 1919.
The foregoing petition read, and considered and filed. It is ordered that cita-
tion issue and be served as the law directs upon each of the persons named as next of kin to said Thomas Ashworth deceased, requiring them to appear at the next term of said court to be on the first Monday of in July 1919, and show cause if any they have, why the prayers of petitioners should not be granted. The Sheriff of his lawful deputy in any county in either parties named may respectively reside, is herein directed to serve such citation to this county and make return thereof.

COPY OF WILL ATTACHED TO PETITION
I, Tom Ashworth, of said state and county, being of sound and disposing mind and
memory, do make this my last will and testament, hereby revoking all wills heretofore
made by me.

Item 1st. I wish my executor as soon as possible after my death to pay my debts. If a
sale of property shall be necessary I wish him to sell my Forsyth County property, consisting of 152 acres of land more or less, After said property is sold and my debts are paid I wish my two sons Albert and Oliver to be given One Hundres ($100.00) Dollars each, and that my seven daughters, to-wit: Linda; Ina; Lou, Ollie, Fannie May, Bertha, Vivian, Marion Euthella, shall be given the sum of seventy five $75.00 each from said sale, and the remainder to be equally divided between all the heirs, and that Albert Worley Holtzclaw shall share said balance of said sale as one of the heirs.

Item 2nd. I will to my beloved wife, Ina, the place where we now live with all the
personal property to have and to use as she may see proper as long as she remains my widow. If she should marry again I will that all my property, both real and personal, shall be sold and equally divided and that my wife shall have a child's part, and that Albert Wesley Holtzclaw shaw have an equal share with all the heirs which his is entitled to his mother my wife Ida furnished part of the money to purchase this home place and Albert hs worked the same as our other children.

Item 3rd. I do hereby appoint R. W. Mullinax and W. W. Ashworth Executors of this my will In testimony whereof I have hereto set my hand and affix my seal this 17th day of February, 1915.
(Signed) T. Ashworth

Signed and published by Tom Ashworth as his last will and testament in the presence
of the undersigned, who subscribe our names hereto as witnesses, at the instance and request of said testator, and in his presence, and the presence of each other, this the 17th day of February, 1915

J. S. Cochran, M.D.
S. R. Beal
L. H. Letson

In the matter of "ORDER OF SERVICE"
R.W. Mullinax and Application for probate of will in solemn from
William W. Ashworth, In the Court of Ordinary of Gwinnett County, Georgia
Nominated Executors of the July Term, 1919
Will of Tom Ashworth, dec'd. Filed in office, Jun 11, 1919. G. G. Robinson, Ordinary

To Mrs. Ida Ashworth; Fannie May Ashworth, Bertha V. Ashworth; Marion E. Ashworth; Linda Ashworth; Ollie Ashworth; Mrs. Ina Shaw and ALbert Wesley Holtclaw of Gwinnett County; Silas W. Ashworth; Mrs Lou Hansard and Oliver Ashworth of Forsyth County; Mrs. Minnie Mullinax adn Mrs. Lizzie Tidwell of Ben Hill County, and Mrs. Isabella Beal of Fulton County, all of the said state.

It being reprented to the court tghat you are each of next of kin to Thomas Ashworth, the deceased; or intersted as a legatee under the will offered for probate in the above state application: You and each of you are hereby notified to be and appear, either in person or by attorney, at the next term of said court to be held on the first Monday, the seventh day, in July, 1919. and show cause if you have, why said application should not be granted, and the paper submitted for probate be set up and established as the only true last will of the said Thomas Ashworth deceased and admitted to record as such by the Court upon the proof offered.

"ACKNOWLEDGMENT OF SERVICE"
We each do hereby acknowledge due legal service of this citation waive copy and
personal service by the Sheriff reserving the right to appear and caveat the will at the
date named if I shoujld decide to do so, this 11th day of June, 1919.

Ida Ashworth
Malinda Ashworth
S. W. Ashworth
Minnie Mullinax
Lizzie Tidwell
Lou Hansard
Isabel Beal
Ina Shaw

Georgia, Forsyth County.
I have this day served Oliver Ashworth personally with a citation in this case
worded like the annexed one and signed as it is.

June 11, 1919 W. T. Merritt, Sheriff Forsyth County


"ACCEPTANCE OF APPOINTMENT"

I hereby accept the above appointment, acknowledge due and legal service of the citation therein consent for said application to be heard and determined at the present term of the court July 7th, 1919.
(signed) Sarah I. Ashworth

"AFFIDAVIT OF WITNESS ---INTERROGATORY"
Georgia, Gwinnett County :-
By his Honor G. G. Robinson :

Judge of the Court of Ordinary for the County and State aforesaid :
To: J. B. Patterson and H.S. Brooks : Esquires, Greetings :

Whereas, There is a certain matter of controversy now pending in the Court of Ordinary of said County, to-wit : Thew matter of R.W. Mullinax and W. W. Ashworth, nom. executors of the will of Tom Ashworth. dec'd, Application for probate in solemn form. And Whereas S. R. Beal is a material witness in said suit, and cannot attend our said court in person without manifest inconvenince: Now, Know ye, That we, reposing special trust and confidence in your prudence and fidelity, have appointed you; and you, or any two of you, are hereby authorized and required to cause the said S. R. Beal personally to come before you, and after being duly sworn, to examine him concerning the suit, agreeably to the interrogatories hereto annexed, and the answers to the same being plainly and distinctly written, you are to send the same closed up under your hands and seals, to our said Court, to be held on the 7th day of July, 1919, together with this writ.

Witness the Honorable G. G. Robinson Judge of the said court this 3rd day of July, 1919
G. G. Robinson

"SHERIFF ENTRY --- GWINNETT COUNTY"
Georgia, Gwinnett County :
I have this day served Ollie Ashworth; Fannie May Ashworth; Betha V. Ashworth;
Marion E. Ashworth and Albert Wesley Holtzclaw, each personally with citation in the case herein stated worded, dated and signed like the annexed one hereto.
This 18th day of June, 1919

"APPOINTMENT OF GUARDIAN-AD-LITEM"
In the matter of
R.W. Mullinax & Application to prove Will in solemn form.
W. W. Ashworth, Nom in the Court of Ordinary of Gwinnett County
Exer's of the Will July Term, 1919

of Tom Ashworth,
Deceased

The next of kin to the said Tom Ashworth who are minors to-wit : Oliver Ashworth,
Ollie Ashworth; Fannie May Ashworth; Bertha V. Ashworth and Marion E. Ashworth and ALbert Wesley Holtzclaw, who is a named beneficiary under the said will and also a minor having benn personally served by the Sheriff with citation in the above stated application n. It is ordered that Mrs. Sarah I. Ashworth appearing to the court as a suitable person to act, be and she is hereby appointed Guardian Ad Litem for the said minors to represent them pending the hearing of the said application for probate of said will. Granted in open court this 7th day of July, 1919.

Applications to prove will in solemn form.
R. W. Mullinax & In Court of Ordinary of Gwinnett County, Georgia
W. W. Ashworth July Term, 1919.
Nom. Exsr's of the Filed in office, June 25, 1919
will of Tom Ashworth G.G. Robinson, Ordinary

Original Interrogatories to be propounded to S.R. Beal, who does not reside in said county, but in Fulton County, Georgia, whose testimony is material for application the above matter.

DIRECT INTERROGATORIES

Where do you reside? Were you acquainted with Mr. Tom Ashworth in his life time?
Is so how long had you know him? Were you related to him in any way ? If so what
was the relationship ?

2nd

Look upon the name of S. R. Beal on the annexed paper and say whether or not
that is your signature ? If it is how came you to sign this paper ? At whose request did you
sign it? At the time you signed the paper was Tom Ashworth present and was he or not so
seated that he could see you a tthe time you signed it ?

3rd

What was Mr. Tom Ashworth's purpose in executing ths paper ? If you answer that it was to make a will, state whether or not the paper was freely and voluntarily executed by him ? Form you acquaintance with Mr. Ashworth, your conversations with him and conduct, and physical appearance at the time he executed that paper, state whether or not in your opinion he was then possessed of sufficient mental capacity to make a will.

In the matter of R.W. Mullinax H.L. Patterson, Atty for Aplicant
and W.W. Ashworth, Nom. Exer's Application to prove will in solemn form of the will of Tom Ashworth, deceased In the court of Ordinary of Gwinnett County,
Georgia, July Term 1919

State of Georgia, Forsyth County :
By virtue of a commission to us directed from the Court of Ordinary of Gwinnett County, we have caused S. R. Beal the person named in the said commission to come before us, who being duly sworn true answers to certain interrogatories to said commission annexed
depsoes and answers, as follows -

To first Interrogatories he answers :
I resided in Fulton County, Oak Grove District, Northern part. I was. Something like ten years. I was not related to him in anyway. No relationship at all.

To the second Interrogatories he answers : as follows :
That is my signature. I signed this as a witness, at the request of Tom Ashworth. J.S. Cochran, Dr. D was present also L. H. Letson was present, and his children some of them were there in and out. I can't say which of the children were present at the time is was signed. I saw Mr. Tom Ashworth sign his Will. Mr. Ashworth was present and was so situtated that he could see me and the other witness sign the same.

To the Third Interrogatory he answered :
This was for his last will. IT was freely and voluintarily executed by him. In my opinion he
was capasitated to make his will.

Answers sworn to and subscribed before us, this 5th day of July, 1919

The matter of R.W. Mullinax and W.W. Ashworth, Nom. Exer's of the will of Tom Ashworth dec'd.
Application to prove will in Solemn form. In the court of Ordinary, Gwinnett County, Georgia.
Received this package in open court upon the usual statement of H. L. Patterson atty for the propounder with leave to open July 7th, 1919.

G.G. Robinson, Ordinary

Patterson Com, L.S. H.S. Brooks, Comm. L.S.

" FINAL ORDER "


In the matter of W.R. Mullinax & Application to prove in solemn form
W.W. Ashworth, Nom.Exer's of the In the Court of Ordinary of Gwinnett County, Georgia
Will for Tom Ashworth, deceased. July Term, 1919

This matter coming on at this term of the court in its order, and it appearing to the court that each and all of the next of kin to said deceased who are above the age of twenty one years, to-wit Mrs. Ida Ashworth; Linda Ashworth; Ina Shaw; Silas W. Ashworth; Lou Hansard; Minnie Mullinax; Lizzie Tidwell; and Isabella Beal, have acknowledged due and legal service of the citation isssued in the said matter and waived serivce thereof by the Sheriff, And (cant read) and all the next of kin who are minors to-wit Oliver Ashworth as well as Albert Wesley Holtzclaw who is interested as Legetee under the said will have been personally serviced with such citation by the Sheriff as required by law; and it further appearing that neither of said minors have any legal guardian upon sworn service should be made and Mrs. Sarah I. Ashworth considered by the court as comptent person to repressent said minors as guardian Ad Litem in the said matter by the court appointed as such guardian and she coming into court and signifing her acceptance of the appointment as such guardian Ad Litem for the said minors and entering acknowledgment of Service of the citation in the said matter and consenting for hearing of the said matter to proceed and be disposed of at this term of court. And it being satisfactorily shown to the Court that the said Tom Ashworth a resident citizen of said county departed this life on the 6th day of June 1919, leavind the paper offered for probate in existence and it being shown by the testimony of the three subscribing witnessess thereto that said paper was freely and voluntarily executed by the said Tom Ashworth as his last will at the date the same bears date, and that he was at that time of sound and disposing mind and memory and possessed of sufficient mental capacity to make a will under the law of this state; and no sufficient legal objection being offered to the probate of the same. It is thereupon considered, ordered and ajudged by the Court that the writing so offered for probate dated February 17th, 1915, signed by said Tom Ashworth and attested by J.S. Cochran, S.R. Beal and L.H. Letson, as subscribing witnesses thereto be and the same hereby found, declared and set up as the only true last will and
testament of the said Tom Ashworth, deceased, with leave granted to the Applicants, R.W. Mullinax and W.W. Ashworth to qualify as executors thereof, It is further ordered that upon the qualification of said executors or either of them that letters of Testamentary issue ot them thereon : It is further ordered that the cost of probating said will to-wit, the sum of (no amount) dollars and (no amount) cents be paid by said executors out of the assets of said estate.

Granted in open court, this 7th day of July, 1919

G.G. Robinson, Ordinary