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Ordinary Court Minutes 1897; Union Co., GARoll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 243 thru 281  -- 1897]

Transcribed by Linda Smith Murray on October 25, 2000, from microfilm copy

purchased from the Georgia Archives.

Note:  Most pages are not transcribed verbatim, but all contain all pertinent

information.  Please do not copy for the purpose of reproduction or sale.  No

linking to this webpage without written permission from the County Coordinator. 

This webpage page is for  1897 only.

 

 

 

 

 

Page 243

Court of Ordinary - January Term 1897

Court met according to adjournment, JT Colwell, Ordinary, presiding, January 4,

1897

Order passed dismissing RL England as administrator of the estate of Athen

England, deceased.

 

 

 

 

Order passed dismissing John C. Cobb and William Davenport administrators of the

estate of John Davenport, deceased.

Adjourned until next regular term of court - John T. Colwell, Ordinary

 

 

 

 

Page 244

Court of Ordinary - February Term 1897

Report of commissioners to assign a years support to Mrs. Minty L. Nix and her

minor children, the widow of John W. Nix, approved and order to record - no

objections being made and proper citation having been published.

No other business before the court, adjourned until next regular term of court,

February 1, 1897 - John T. Colwell, Ordinary

 

 

 

 

In vacation - Ordered that SY Jarrett be appointed Clerk of Court of Ordinary

for and during this term of office and the said SY Jarrett is required to enter

upon the duties as Clerk of the Court and do all and singular the duties as

Clerk as required by the laws of this state. - Granted this 19 day of February,

1897

John T. Colwell

Oath of SY Jarrett.

 

 

 

 

Page 245

In vacation

Petition of Martha A Mason shows that Charles Mason died on the 13th day of

April, 1882, requests twelve months support.

Ordered that NY Reid, Brad Brackett, Jack Kelly, GB McBee and George R. Mauny

appointed commissioners to set apart from the estate of Charles Mason, twelve

months support for the widow, Martha A. Mason. - February 16, 1897 - JT Colwell,

Ordinary

Page 246

Court of Ordinary - March Term 1897

Report of the commissioners to set apart twelve months support for Martha A.

Mason. - March 1, 1897 - JT Colwell, Ordinary

 

 

 

 

Petition of James Stephens at the February Term of this court shows that on the

11th day of January, 1897, Cannon Stephens died owning real and personal

property in this state, and leaving a paper purported to be his LW&T. 

Petitioner shows that the following persons are next of kin of said Cannon

Stephens, to wit:  Jane Stephens, Nancy Stephens, General Stephens, Wilson

Stephens, Martha Rogers, Mary Mauney, Martha Russ, Lou Stroud, Alfred Swanson,

James Swanson, Judge Swanson, minor Sam Stephens, Mrs. Truelove and ____

Stephens, all of whom reside in said state except Wilson Stephens, Alfred

Swanson, Sam Stephens, and _____ Stephens.  Your petitioner shows further that

Judge Swanson is a minor.  Petitioner prays leave to probate will in solemn form

and therefore requests citation to issue according to law to said next of kin,

and that a guardian ad litem be appointed to represent said minor when made a

party to this proceeding by proper service.  James Stephens, Petitioner

Court of Ordinary - February Term 1897

James Stephens, executor of Cannon Stephens, deceased, having filed his petition

for probate in solemn form, citation issued to be served personally on James

Stephens, Nancy Stephens, General Stephens, Martha Rogers, Mary Mauney, Martha

Ross, Lou Stroud, James Swanson, Judge Swanson (by BW Swanson, guardian ad

litem) and MA Truelove.  Ordered that the usual citation issue to be served on

them ten days before the March term of this court, and as Wilson Stephens,

Alfred Swanson, Sam Stephens and Exie Stephens reside out of said State of

Georgia and cannot be served personally and can only be served by publication

that they be cited and made parties by publication once a week for four weeks in

the Blairsville Herald, a newspaper published in the town of Blairsville, State

of Georgia, before the March term of this court of Ordinary and that this order

so published constitute such citation.  This 1st day of February 1897 - JT

Calwell, Ordinary

BW Swanson appointed guardian ad litem of Judge Swanson - February 1, 1897

Page 249

Cannon Stephens will admitted to record - March 1, 1897 - JTC, Ordinary

Page 250

Court of Ordinary - March Term 1897

JV Lance, FM Owenby, John Deaver, JP Teague and John G. Anderson appointed

appraisers of the estate of Cannon Stephens, deceased. - March 1, 1897 - JT

Calwell, Ordinary

Listing of dates of service on the Cannon Stephens heirs.

 

 

 

 

Page 251

In vacation

Petition of Henry McBee, HT Cobb, et al, of Ivy Log District asking for an

election on the fence law - Petition February 16, 1897 - Citation ordered

published in terms of law, election to be held April 3, 1897 on the fence and

stock law - March 8, 1897 - JTC, Ord.

Page 252

In vacation

Application of JV Lance, HT Cobb and Doctor Anderson, et al, petition court to

revoke order for election on fence law. - Granted March 24, 1897

 

 

 

 

Page 253

April Term 1897

Application of Martha Stephens, widow of Joseph Stephens, deceased, for years

support from estate of same - Commissioners appointed, WW Erwin, Newt Davis,

Oscar Daniel, JT Hulander and Alonzo Hulander to set aside years support. -

April 5, 1897

 

 

 

Page 254

Years Support for the widow of Charles Mason awarded.

 

 

 

Page 255

May Term 1897

Petition of Mary Collins, widow of AB Collins shows that he died on the 4th day

of April 1897, intestate, leaving an estate of the probable value of $3000,

requests that a temporary receiver be appointed to sell the goods, collect the

debts &c of said deceased, and requests that she be appointed temporary

administrator.  ML Ledford, Petitioner’s Attorney

Letters Administration issued Mary Collins on the estate of AB Collins,

deceased, and bond of $3000 given.  May 2, 1897

 

 

 

 

Page 256

May Adjourned Term 1897

Report of appraisers appointed to set apart to the widow Martha Stephens of

Joseph Stephens, decd., twelve months support - May 5, 1897

 

 

 

Page 257

Same as above - Mary L Collins, widow of AB Collins, requests Permanent Letters

of Administration - May 5, 1897

Citation issue and be published in terms of law - John T. Calwell, Ordinary

 

 

 

 

Petition of JB Cochran, heir at law of Henry P. Cochran, deceased, requesting

the court to cite George W. Cochran, admr. of said estate, to appear before this

court the 1st Monday in June 1897 and to submit to a settlement in accordance

with the records and as administrator of the estate of the above.  Filed in

office May 5, 1897

Page 258

Ordered by the Court Ordinary that a rule nisi issue and be served on the said

George W. Cochran with copy of above petition. May 5, 1897 JTC, Ordy.

Adjourned until 1st Monday in June next - May 5, 1897 - SY Jarrett, CCO

 

 

 

 

Page 259

June Term 1897

JB Cochran, Ptf vs George W. Cochran, adm. of estate of Henry P. Cochran, decd.

- Citation for settlement.  The main contention in this case being the question

as to whether JB Cochran should be charged by the Administrator with the value

of a mule at the sum of one hundred dollars.  It is ordered by the court that

said mule was a gift by HP Cochran, deceased, to JB Cochran, and that he should

no be charged by said administrator with the value of the same and that JB

Cochran do recover of GW Cochran, administrator, the sum of ____ and ____cents

as costs of suit. - June 7, 1897 - John T. Calwell, Ordinary

 

 

 

Page 260

Application of Mary Collins, widow of Benjamin Collins, decd., for Permanent

Letters of Administration - Granted with bond of $3000.  JTC, Ord.

 

 

 

Page 261

In vacation - June 9, 1897

Application of Mary L. Collins, widow, for a Years Support for herself and 7

minor children from the estate of AB Collins, deceased.  Ordered that JE Martin,

JD Sexton, JA Allison, Jack Shular, Joab Curtis be appointed appraisers to set

apart same. - June 9, 1897 - JTC, Ordinary

 

 

 

Page 262

Court of Ordinary - July Term 1897

GW Cochran, admr. of the estate of Henry P. Cochran, deceased, made his return.

 

 

 

BS Nix, admr. of estate of James Nix, deceased, made his return

 

 

 

Mary L. Collins, administratrix of estate of AB Collins, deceased, made her

return.

 

 

 

William Davenport, Guardian of minor heirs of _____ Davenport, deceased, made

his return.

 

 

 

EW Butt, Guardian of Edgar Butt made his return

 

 

 

SF Butt, Guardian of Paul Butt made his return.

 

 

 

Petition of EW Butt, Guardian of property of Edgar G. Butt, minor of JG Butt,

deceased, shows the following facts:  That his ward owns an undivided one third

interest in certain lands located in said county and that said ward has together

with his mother removed from this state and now resides in the state of

Colorado, and it is not probable that he will ever return to this state to make

it his home.

 Petitioner shows further that it is not in the interest of said ward for him to

any longer own said interest and the petitioner has given notice of his

intention to apply to the court for an order to sell the same on the 1st Monday

in July next.

 Wherefore your petitioner prays the granting of an order allowing him to sell

the interest of his said ward in all the land his said ward owns in this county,

and petitioner will ever pray &c.  WE Butt, Guardian of the property of EG Butt

Page 263

July Term 1897

Ordered that petitioner be allowed to sell all the land belonging to his ward in

Union County, GA. - John T. Colwell, Ordinary - July 5, 1897

 

 

 

 

Page 264

blank

 

 

 

Page 265

Court of Ordinary - August Term 1897

Petition of John Casteel, CC McBee, et al, asking for a change in the district

line between Ivy Log and Gum Log Districts - Beginning on the original district

line at or near NB Hill’s residence, running east with the Murphy Road to the

land line between CC McBee and James Stephens, thence south to the river, thence

down said river to the original district line.  Ordered that John Casteel, CC

McBee and Jeff Hartgrove appointed to lay out said line and report to this court

on August 10, 1897.  August 2, 1897 - JT Colwell, Ordinary

Application of JV Lance, Enoch Chapman et al, of Ivy Log District asking the

court to order an election on the stock law or no fence law in said district -

ordered that citation do issue and be published in the Blairsville Herald and at

other places in the district as the law requires, and the case be heard by the

court on the 28th day of August 1897. - JTC, Ord.

 

 

 

 

Page 266

Application of Thomas K. Jackson by his attorney, Pat Haralson for the

guardianship of Thornton C. Crump, an imbecile, as he alleges, of said county. 

Ordered that citation do issue and be published and case be heard on the 1st

Monday in September next. - August 2, 1897

 

 

 

In the case of Mary L. Collins’ application for Twelve Months Support out of the

estate of AB Collins, deceased, for herself and 7 minor children - Ordered that

the same be set up and ordered to record.  August 2, 1897

 

 

 

Page 267

 Petition of BB Anderson, BW Swanson, ET Gallaway, et al, of Gum Log District,

asking that the district line between Gum Long and Ivy Log be changed as

follows:  Beginning at the corner of the Ivy Log District line and running with

the Lower Youngcane line, to the Blairsville District line, then with the

Blairsville district line to the Gum Log Road.  Then in a straight line in a

northern direction to the top of the mountain between Frank Rogers and Bart

Swanson’s, thence with the top of the ridge between the _____ cove branch, and

then running to Swanson’s mill and Ivy Log Creek, thence with said creek by

Swanson’s Mill, TE Owenby’s near Ebenezer Church to the Pine Log Road, thence

running with said road so as to include William Borne’s land, thence in a

straight line in a northwest direction to the North Carolina line, thence the

same to the beginning corner.

 Said change asked for upon the grounds that said petitioners will be benefited,

and that the public will not be injured.  Commissioners having been appointed by

the court and made their return in accordance with said petition; and the case

heard upon the sworn testimony of Bart Swanson and others, ordered that the

change as described be made as defined above.  August 16, 1897 - John T.

Colwell, Ordinary - SY Jarrett, Clerk Court Ordinary

Page 268

Order revoking previous order to change District lines, the court discovering

that it was not requested from necessity.

 

 

 

 

Page 269

In Vacation

The application of WB Cutcher asking to supplement his homestead taken and filed

in this office July 1, 1871, under the Constitution of 1868 - Ordered citation

issue and published in terms of law. - August 20, 1897

Case set for hearing September 13, 1897

 

 

 

Ordered that an election be held in the Ivy Log District regarding the stock law

on the 1st Saturday of September.

 

 

 

Page 270

September Term 1897

Petition of Benj. M. Dyer for Permanent Letters of Administration on the estate

of John M. Dyer, deceased.  Citation issued and order be published in terms of

law.

 

 

 

Petition of Thomas K. Jackson says that Thornton C. Crump is an imbecile and

asking that a commission be appointed to inquire into the matter.  Petition to

be acted upon on September 17, 1897 at 10 am.  Notice to relatives to be given

as required by law .

 

 

 

Page 271

Petition of William Davis for Permanent Letters of Administration on the estate

of GW Davis, deceased, ordered citation issue and be published.  September 2,

1897 - John T. Colwell, Ordinary

Adjourned until 1st Monday in October, 1897

In vacation - Petition of Thomas K. Jackson at the Sept Term of this court

showing Thornton C. Crump to be an imbecile and needing a guardian.  The hearing

was set for this 17th September, 1897.  The commission was issued to Dr. FJ

Erwin, AB Rogers, JE Martin, Isaac Glazier, Isaac Petty, SR Rich, E. Boling, GM

Stephens, AB Butt, DW Mathis, WA Weaver and AL England, jury, who adjudges said

Crump an imbecile and recommended a guardian appointed for him.  Ordered that

Thomas K. Jackson be and is hereby appointed guardian of the said Crump and

Letters be issued upon his giving bond and taking the oath as the law requires -

September 17, 1897

 

 

 

 

Page 272

In vacation - September 20, 1897

It appearing that an election held in the 843rd District GM of said county on

the 4th day of September 1897 n the stock law and the majority of the votes cast

being in favor of fence, it is ordered that said result of the election be and

is declared to be in favor of fence. - September 20, 1897 - John T. Colwell,

Ordinary

 

 

 

Page 273

Court of Ordinary - October Term 1897

Application of Nancy Cavender, widow of George W. Cavender, decd, application

for Permanent Letters of Administration.  Citation issued and ordered published.

 

October 4, 1897 - JTC, Ord.

 

 

 

John R. Dyer vs BN Dyer - VM Waldroop, Atty for JR Dyer - ML Ledford, Atty for

BN Dyer

Petition of John R. Dyer, et al, objecting to BN Dyers being administrator of

John M. Dyer, deceased, as asked for by petition at the September Term of this

court.

Upon hearing the case, it is ordered that BN Dyer be and he is hereby appointed

Administrator of the Estate of John M. Dyer, deceased, and that Permanent

Letters of Administration be issued upon his giving bond and subscribing to the

usual oath as the law requires.  October 4, 1897 - John T. Colwell, Ordinary

 

 

 

Page 274

In the matter of Thomas K. Jackson requesting Guardianship for Thornton Crump,

an imbecile, on the 17th September 1897, a jury was summoned to examine said

Crump and found him to be an imbecile and recommended a Guardian, it is

therefore ordered that Thomas K. Jackson be appointed, after giving bond and

taking oath.  October 4, 1897

 

 

 

William Davis, Application for Permanent Letters of Administration on the estate

of GW Davis, deceased - Ordered issued with bond of $1500 and oath. - October 5,

1897 - John T. Colwell, Ordinary

 

 

 

Page 275

Application of JN Fortenberry for a Guardian to be appointed for Hamp

Fortenberry, alleged to be mentally incapacitated to run his estate.  Ordered

that ten days notice be given to TI Fortenberry, John Fortenberry, ML

Fortenberry and JC Fortenberry as the law requires before the commission shall

be issued to the jury. October 5, 1897

 

 

 

Page 276

Court of Ordinary - November Term 1897

 In the case of the application of Nancy Cavender, widow of George W. Cavender,

deceased, for Permanent Letters of Administration at the October Term of court -

And now at this term of court, comes William Cavender and Nancy Gilreath, son

and daughter of said deceased and caveats the granting of Letters of

Administration to Nancy Cavender on the estate for the following reasons, to

wit:

 Because Nancy Cavender is wholly incompetent of managing, by reason of the fact

that she is old, infirm, illiterate, has no business qualifications and is

mentally incapacitated to take charge of said estate and manage it without

relying on some one else to manage the same, who caveators pray that Henry

Gurley or some other fit and proper person be appointed to represent said

estate.  WE Candler, Atty. for Caveators

Ordered that Nancy Cavender, widow of said deceased and first applicant, be

appointed Administratirx upon said estate upon condition that she give good bond

in the sum of $4000, and subscribing the proper oath.  November 1, 1897

Page 277

Nancy L. Cavender requests twelve months support from the estate of GW Cavender,

deceased, for herself and her minor child, Nelly D. Cavender.  November 1, 1897

Ordered that (large blank here) be appointed to set apart and assign years

support for Nancy L Cavender and her minor child, Nellie D. Cavender.

November 1, 1897

 

 

 

 

Petition of Benjamin N. Dyer, Administrator of the estate of John M. Dyer,

deceased, requesting Leave to Sell personal property of estate.

So ordered. - November 1, 1897

 

 

 

 

Application of NB Hill, Administrator of Felix Hill, deceased for Letters of

Dismission. Ordered citation issue and be published - November 1, 1897

Page 278

Application of Benjamin N. Dyer, Administrator of the estate of John M. Dyer,

deceased, requesting Leave to Sell Real Estate, showing that the lands of the

deceased consists of Lots # 205, 164, 93, 92, 85, 187 and 186, all in the 16th

and 1st of said county. November 1, 1897

Ordered citation issue and be published in the Blairsville Herald as the law

directs. - John T. Colwell, Ordinary

Petition of JR Dyer asking for Guardianship of William and Frank Dyer, minor

heirs of John M. Dyer, deceased.  Ordered continued until November 3, 1897 for a

hearing.  November 1, 1897

Page 279

Court of Ordinary - November Adjourned Term 1897

Case of JR Dyer, applicant for Letters of Guardianship of William and Frank

Dyer, minor heirs of John M.Dyer, deceased.  Now comes JR Dyer to court and

agrees that Benjamin N. Dyer be appointed Guardian of said minors, ordered

Letters issued upon his giving good and sufficient bond and subscribing the

usual oath - November 3, 1897 - John T. Colwell, Ordinary

 

 

 

 

Page 280

Court of Ordinary - December Term 1897

Application of Nancy L. Cavender, Administatrix of GW Cavender, deceased,

requesting Leave to Sell personal property belonging to the estate.  Ordered

that she be given Leave to Sell after giving notice of sale by written

advertisement for ten days at three or more public places in said county. 

December 6, 1897

 

 

 

Application of William Davis, Administrator of the estate ofh John Woody,

deceased, sows that the land belonging to the estate was in Lumpkin County,

Georgia, and that he had to go there to rent and sell said land, which is now

sold and that he had to make five trips for said purposes; which cost him about

$5 a trip, making $25 in all.  Ordered by the court that the said William Davis,

admr. be given $25 for his extra trouble and traveling expenses in making the

trips to Lumpkin County.  December 6, 1897 - John T. Colwell, Ordinary

 

 

 

Page 281

Letters Guardianship issued to Benj. N. Dyer, Guardian of William J. and F. M.

Dyer, minor heirs of John M. Dyer, deceased - bond $600 - December 6, 1897.

 

 

 

Court adjourned December 6, 1897.

In vacation - It being made to appear to the Court of Ordinary that there is a

vacancy in the Board of Commissioners of Roads and Revenue by the removal from

within the county by John R. Ross, a member of said board, and under the act of

1887 creating such board, making the duty of the Ordinary to fill said vacancy

by appointment... it is therefore ordered by the court that James A. Butt, Sr.,

be appointed to fill the unexpired term of John R. Ross.

 


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