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Union Co., GA - Ordinary Court Minutes - 1898Roll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 282 thru 315  -- 1898]

Transcribed by Linda Smith Murray on October 30, 2000, from microfilm copy

purchased from the Georgia Archives.

Note:  Most pages are not transcribed verbatim, but 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  1898 only.

 

 

 

 

 

Page 282

Court of Ordinary - January Term 1898

Petition of JF Prater, showing Henderson D. Cambell died on the 2nd of November,

1897, after having made his LW&T, wherein petitioner was nominated Executor. 

Prays the same admitted to record and Letters Testamentary issue to him.

HL Carroll swears that he, Thos. J. Butt and ED Rogers witnessed the will of HD

Cambell.  January 3, 1898.  HL Carroll

Letters Testamentary ordered issued.  John T. Colwell, Ordinary

 

 

 

 

Page 283

Application of Mary Rhodes, requesting the small estate of Wesley Rhodes, her

deceased husband, be administered.

Appraisers appointed - HT Cobb, FE Conley, James Elliott, Miles Deaver appointed

to appraise estate of Wesley Rhodes. - January 3, 1898

 

 

 

 

Ordered that the return of the appraisers be recorded in the matter of WJ and FM

Dyer, minor heirs of John M. Dyer.  January 3, 1898

 

 

 

Page 284

Petition of Nancy L. Cavender for Years Support for herself and one minor child

from the estate of GW Cavender, deceased - granted and ordered to record.

 

 

 

Application of Louisa Young by her attorney WE Candler for Years Support from

the estate of David Young, who died in 1896.  Ordered that NY Reid, Thomas

Brackett, James Stephens, Jack Kelly and John Penland be appointed appraisers to

set apart same.  January 3, 1898

 

 

 

Page 285

In vacation - January 24, 1898

Application of Ivy Log citizens in September 1898 asking that a definite line be

established at the district line between Ivy Log and Gum Log Districts - The

case having been set for a hearing today - Upon hearing and considering the

report of the marking commissioners and all concerning - Ordered that the

boundary line of the 843rd District GM of said county be as follows, to wit: 

Beginning at the North Carolina line where it crosses Notly River, thence up

said river with bed of same to the Young-ford, thence northern direction with an

old road running west of James G. Casteel and James Stephens and James

Simpson’s, intersecting with the Blairsville and Murphy Road at ford of Reece’s

Creek near NB Hill’s, thence with an old road west of the residence of said NB

Hill, leading by JG Anderson’s and the old Robert Conley place to the top of the

ridge east of JP Teague’s; thence directly north to the North Carolina line;

thence west with said line to the beginning point.  It is further ordered that

this order go to record in my office, this 24th day of January 1898 - John T.

Colwell, Ordinary

 

 

 

Page 286

Union Court of Ordinary - February Term 1898

In the case of the application of NB Hill, Administrator of the estate of Felix

Hill, deceased, at the November term of this court for Letters of Dismission -

The advertisement having been run in the Blairsville Herald and no objections

filed, Ordered that he be dismissed.  February 7, 1898

 

 

 

Ordered that the application of Mary Rhodes, widow of Wesley Rhodes for Twelve

Months Support be approved.  February 7, 1898

 

 

 

Page 287

Union Court of Ordinary - March Term 1898

Court met according to adjournment and there being no business before the court,

it is ordered and adjourned until the first Monday in April next.  This March

7,1898

Union Court of Ordinary - April Term 1898

Court met according to adjournment and there being no business before the court,

it is ordered adjourned until the first Monday in May next regular term.

This April 4, 1898.

 

 

 

 

April 6, 1898

Dr. FJ Erwin this day made oath as to the insanity of Laura J. Jones; warrant

issued, jury summoned and she to was tried in terms of the law and committed to

the Asylum and sent there by WL Boling, Sheriff.  JT Calwell, Ordinary

 

 

 

Page 288

In vacation

Petition of CS Reid shows that on the 11th day of January 1898, Mrs. CM Reid

departed this life after having made and published a LW&T of which she nominated

petitioner the executor &C

Ordered will of Mrs. CM Reid to probate in solemn form, and ordered that Mrs.

Laura E. Rogers, Mrs. EC Logan, Mrs. Florence A. McCravey, NY Reid and HM Reid

and CS Reid appear before the Court of Ordinary to be held in and for said

county on the 1st Monday in May, and then and there to show cause if any exists

why the paper offered for probate by the petitioner, CS Reid , should not be,

etc.  Each to be served with a copy of petition at least ten days before the

next term of court.  This April 12, 1898

Page 289

Union Court of Ordinary - May Term 1898

Application, same as above, will admitted to record and Letters Testamentary

issued.  May 2, 1898

 

 

 

 

Page 290

Petition of WMD Nelson, Administrator on the estate of Colbert Nelson,

requesting Letters of Dismission.  Ordered citation issued and published.

 

 

 

In vacation

Application made by 23 freeholders of Ivy Log for an election on the stock law -

Ordered that an election be held in said district on the fence or stock law on

the 24th day of May 1898.  May 9, 1898

 

 

 

Page 291

Union Court of Ordinary - June Term 1898

Application of WL England, guardian shows to the court that it is necessary to

expend ten dollars of his wards’ estate.  Ordered citation issued for necessary

expenses - June 6, 1898

 

 

 

Application of FM Swain for Permanent Letters of Administration on the estate of

Newt Swain, deceased.  Citation ordered issued and published.  June 6, 1898

 

 

 

Page 292

Petition of John M. Stephens shows that Wilson Stephens died on the 16th of May,

1898, and requests that his LW&T be probated.  Heirs at law are the petitioner,

JB Stephens of Auchubin?, Texas, Sarah A. Dillingham of Hemp PO, Georgia, WD

Stephens of Wewaka, IT, Cecil Stephens, child of RE Stephens, Laura Stephens,

Lenard Stephens of Texas, JL Stephens of Hewit, IT,and Margaret Stephens, widow

of Noah Stephens.  All to be notified file objections before next term of court,

if any they have.  June 6, 1898

Page 293

Renaming above heirs and ordering notification of the proposed probate of the

will of Wilson Stephens.

 

 

 

 

Page 294

In vacation

Re election in Ivy Log District on the 24th of May 1898 on the question of stock

law.  Having examined the returns of said election and there being no objections

filed it is hereby declared that the result of the election is in favor of

fence, and that the fences in said district stand as they were before the

election.  June 11, 1898 - John T. Colwell, Ordinary

Page 295

Union Court of Ordinary - July Term 1898

On application of TM Swain for Letters of Administration on the estate of Newt

Swain, decd.  Upon motion of petitioner, case is continued until 1st Monday in

August next.  This July 4, 1898

 

 

 

 

James Stephens, Exr. of the will of Cannon Stephens, decd, made annual return

for 1898

 

 

 

Nancy L. Cavender, Admrx. of estate of GW Cavender, deceased, made annual return

for 1898

 

 

 

WY Cavender, Administrator of estate of Clemeth? Cavender, deceased, made annual

return for 1898

 

 

 

WH England, guardian &c, made annual return for 1898

 

 

 

James P. Teague, guardian for &c, made annual return for 1898

 

 

 

WA Souther, Admr. of estate of Jack Souther, decd., for year 1898

 

 

 

Page 296

BW Swanson and WJ Miller were qualified as Jury revisers August 1, 1898

Page 297

Union Court of Ordinary - August Term 1898

In the case of John M. Stephens, Executor of Cannon Stephens, deceased,

application at the June Term of court to probate in solemn form and further the

issuance of Letters Testamentary to the petitioner, being supported by the

affidavits annexed thereunto of John Reece, Logan Davis and _________, the

witnesses, ordered that same be recorded and proven in solemn form and letters

issued.  August 1, 1898

 

 

 

 

Page 298

Petition of WMD Nelson at May Term of this court for Letters of Dismission on

the estate of Colbert Nelson, decd.  Ordered granted and Letters issued.

 

 

 

Oath of WJ Miller and BW Swanson as jury commissioners.  August 1, 1898

 

 

 

Page 299

Petition of JC Collins, surety on the hand of BN Dyer, guardian of William and

Frank Dyer asking that he be relieved from security.  Ordered that BN Dyer,

Guardian show cause at the next term of court why said application should not be

granted.  August 1, 1898

 

 

 

Page 300

Court Ordinary - September Term 1898

On application of TM Swain at the August term of court for Permanent Letters of

Administration on the estate of Newt Swain, decd - ordered that letters be

issued.  September 5, 1898

 

 

 

On application of JC Collins to be relieved from bond of BN Dyer, guardian of

minor heirs of John M. Dyer, deceased - ordered ocntinued until 1st Monday in

October 1898

 

 

 

Page 301

In vacation

We the undersigned citizens and poll taxpayers of said county respectfully ask

that the County  (Site?) of said county be removed to a place to be selected by

the voters of said county at an election to be held for that purpose.  Signed

(rest of entire page is blank with no signatures.)

 

 

 

Page 302

Petition of MJ Smith and DT Meadows, both residents of said state, show that

William Meadows, late of said county, died on the 26th day of August 1898,

owning valuable real and personal property.  Petitioners herewith present the

LT&T of said decd, and shows that they are named as Executors.  The following

named persons are heirs at law of said testator:  Elizabeth Meadows, widow; DT

Meadows, son; Sarah L. and Mary J. Meadows, and Martha A. Huggins, all

daughters; and that of said persons are all full age and residents of Union

County.  Requests letters testamentary be issued.

September 20, 1898 - In vacation

Ordered that the above heirs appear before Court of Ordinary 1st Monday in

October, 1898, to show cause why petition should not be granted.

 

 

 

 

Page 303

Union Court of Ordinary - December Term 1897  (This was apparently written into

a blank page, or one which was blank at the time)

Application of Benj. N. Dyer, administrator of the estate of JM Dyer, deceased,

praying for leave to sell lands of the deceased at the November term of this

court and it appearing that notice of same has been published as required, that

it is necessary for the purpose of distribution, that the following land lots be

sold:  Lots of land #205, 164, 93, 92, 85, 187 and 186 in the 16th and 1st. 

This 6th day of December, 1897.  John T. Colwell, Ordinary

(Note at the bottom of this page says “see Page 278”)

 

 

 

Page 304

Union Court of Ordinary - October Term 1898

It appearing that Armor Kelly is dead and that after his death, his widow, Mary

Ann Kelly applied to the court for a Twelve Months Support, and commissioners

were appointed and acted, both lands and personalty being valued at less than

five hundred dollars and the whole having been set aside to Mary Ann Kelly - and

it further appearing that the original papers in said matter are misplaced, it

is ordered that this order be placed on the minutes of the court as the evidence

of the title of said Mary Ann Kelly to the lands owned by Armor Kelly at the

time of his death - Granted.  JTC, Ord. - WE Candler, Atty for Many Ann Kelly

 

 

 

Page 305/306

missing from book

Page 307

We the undersigned citizens and poll taxpayers of said county respectfully ask

that the county site of said county be removed to a place to be selected by the

voters of said county, at an election to be held for that purpose.  Signed by

two-fifths of the taxpayers - John M. Stephens, JR Dyer, JB Reece and five

hundred eighty others - Upon hearing and considering said petition, it is

ordered and directed by the court of ordinary that an election be held at the

various election precincts in said county on Wednesday, November 30, 1898 in

terms of the law, for the removal of the county site, and the voters qualified

to vote in said election, who are in favor of removal shall endorse on their

ballots “For Removal” and to what place - and those who are against removal

shall endorse on their ballots “Against Removal” - and that citation do issue

and be published in the Blairsville Herald, in terms of the law.  Granted, John

T. Colwell, Ordinary

This 3rd day October, 1898

 

 

 

 

In the case of the application of MJ Smith and DT Meadows to probate in solemn

form the LW&T of William Meadows, decd. continued by applicants on account of

the absence of one witness until the 1st Monday in November.  October 3, 1898

 

 

 

Page 308

Nancy L. Cavender, administratrix of the estate of W. Cavender, decd., having

duly applied by petition for leave to sell certain land belonging to said

estate, ordered Leave to Sell granted. - October 5, 1898

 

 

 

WA Seabolt gave bond and took oath as Tax Collector of the county for the years

1899 and 1900.  October 25, 1898

 

 

 

MJ Smith personally appeared and gives oath that he personally served copies of

notice on page 302 to the following heirs of William Meadows:  Elizabeth

Meadows, Sarah L. Meadows, Mary J. Meadows, DT Meadows and Martha A. Huggins on

the 22nd day of September 1898.  October 8, 1898  MJ Smith

 

 

 

Page 309

In vacation

It appearing to the court that there is a vacancy on the Board of Commissioners

of Roads and Revenues of said county caused by the expiration of the regular

term of John R. Ross moved out of the county and the expiration of the unexpired

term of JA Butt, elected to fill the unexpired term of said John R. Ross, and

that the regular October term of the Superior Court will be held and that there

will be no sitting of the Grand Jury to elect a member of said board to fill the

regular term upon said Board beginning October 1898 - therefore in accordance

with the Act of General Assembly of Georgia 1887 - it is ordered by the court of

Ordinary that Larkin Lewis of said county be and he is hereby appointed

commissioner of roads and revenues of said county to fill the full term of said

board, or until the next sitting of the Grand Jury to elect.  Given under my

hand and seal of office.  This 17th October 1898  - John T. Colwell, Ordinary

 

 

 

Page 310

Union Court of Ordinary - November Term 1898

Application of MJ Smith and DT Meadows to this court on the 20th day of

September 1898, page 302 of this book, to probate in solemn form the LT&T of

William Meadows, deceased - On the 1st Monday in October 1898, the case came to

be heard on that date, but was continued by applicants for a hearing until today

on account of the absence of one witness.

 The foregoing petition mentioned above, of MJ Smith and DT Meadows, praying for

probate in solemn form of the will of William Meadows coming regularly to be

heard, and it appearing to the court that all parties at interest are residents

of this state and county and have been personally served with notice of said

petition for probate in solemn form at least ten days before this hearing, which

said required their appearance to the satisfaction of this court; and by the

testimony of all the subscribing witnesses to the will, that the instrument

offered for probate is the last will and testament of William Meadows as alleged

by the propounders in their petition - and no legal reason appearing why said

will should not be admitted to record as prayed for.  Ordered that said will be

and the same is hereby established in solemn form as the Last Will and Testament

of William Meadows and that the same be admitted to record.

 Ordered further that Letters Testamentary issue to MJ Smith and DT Meadows, the

executors in said will upon their taking the usual oath of office.

 This 7th day of November 1898 - John T. Calwell, Ordinary

Page 311

MJ Smith and DT Meadows authorized and empowered to sell property of William

Meadows for the payment of debts and necessary legal expenses of the provisions

of his will which was dated June 26, 1896.

Signed by the legatees and witnessed by JF Slaughter

September 19, 1898

 

 

 

 

Page 312

Ordered that an election be held on Friday the 30th of December 1898, in terms

of the law for the removal of the county site.

November 14, 1898 - JT Colwell, Ordinary

Page 313

blank

 

 

 

 

Page 314

Court of Ordinary - December Term 1898

Petition of Nancy L. Cavender on estate of Walt Cavender, deceased, for leave to

sell rents - corn, rye and etc - granted.  December 5, 1898

 

 

 

Petition of WA Souther, Admr. of JCH Souther, decd., showing that he has fully

administered said estate and asks for Letters of Dismission.  Ordered that

citation do issue and be published, and same be heard and passed upon on the

first Monday in April 1899.

This 5th December 1898 - John T. Calwell, Ordinary

 

 

 

Petition of TM Dyer, distributee of the estate of JM Dyer, deceased, asking that

BN Dyer, administrator of said estate be cited to appear before the Ordinary’s

court for settlement. Ordered that BN Dyer appear before the court on the 1st

Monday in February 1899 for a settlement of his account.  This 2nd January 1899.

 

(This entry is at the end of page 314 and top of 315 and appears to have been

written in before the adjournment of the December term of court was written. 

The next page, number 316, is headed January Term of Court.)

 


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