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Union Co., GA - Ordinary Court Minutes - 1899Roll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 315 thru 344  -- 1899]

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  1899 only.

 

 

 

 

Page 314-315

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.)

 

 

 

 

Page 316

Union Court of Ordinary - January Term of Court

Petition of James Stephens, Executor of Cannon Stephens, deceased, shows that he

has deserves extra compensation for the extra services he performed in the

course of his duties. - Ordered that he be given an extra $15 upon verification

of the facts.  January 2, 1899

 

 

 

Page 317

blank

Page 318

Court of Ordinary - February Term 1899

TM Dyer vs Ben N. Dyer, Admr. - Application for settlement

Ben N. Dyer, Admr. of estate of JM Dyer - Application for compensation for extra

services, to wit:  self and team and two hands gathering corn 3 days and fodder

and apples 3 days      $9.37

Shucking corn 8 days     $4.00

Hauling Syrup Mill fram?     $1.25

BN Dyer’s acct. against decd.    $13.46

Total        $28.08

Page 319

Petition of Frank M. Dyer, minor child of John M. Dyer, decd., showing that he

is dissatisfied with his present guardian and asks the court to appoint JR Dyer

as the guardian of his choice.  Frank M. Dyer, Petitioner by PH Haralson, Atty.

I hereby consent to act as guardian of the person and property of said minor. 

JR Dyer.

Ordered that copy of petition be served upon BN Dyer, Guardian of said minor at

least ten days before the March Term of this court.  John T. Colwell, Ordinary

 

 

 

 

William Davis, Admr. of John Woody, decd., requests Letters of Dismission. 

Ordered that citation issue and be published.  February 6, 1899

 

 

 

Page 320

Petition of AL England, a citizen of said county, shows that John England died

intestate on the 25th of June 1898, leaving an estate, real and personal of the

probable value of five thousand dollars - Petitioner further shows that on

account of the length of time required by law to advertise for permanent letters

of administration, and the circumstances of the estate of said deceased, it is

necessary that temporary letters of administration up said estate should be

granted at once for the purpose of collecting and taking care of the property

until permanent letters are granted.  Petitioner is entitled under the law to be

appointed administrator, being one of the next of kin of said deceased. 

Wherefore he prays to be appointed temporary administrator.

AL England, by his attorney, CJ Wellborn, Jr.

Ordered that the applicant be and is hereby appointed temporary administrator

upon said estate as prayed for - Let Temporary Letters issue to him upon his

taking the usual oath and giving bond in double the amount of all the personal

property of said estate, viz, the sum of $500.  February 16, 1899 - John T.

Colwell, Ordinary, by SY Jarrett, CCO

 

 

 

 

Page 322

Petition of Martha A. Harrison shows that Alfred A. Harrison died intestate on

the 15th day of February 1899, leaving estate of real and personal property

worth the sum of $1500, and requests Permanent Letters of Administration.  March

6, 1899

Ordered citation on the above issue.

 

 

 

 

All cases set for a hearing at this term of court that was continued from the

February Term of this court are continued until the April Term 1899 or longer,

on consent of all parties interested therein.  John T. Colwell, Ordinary

Page 323

In vacation

Petition of Henry Dillinger shows that he is head of a family consisting of his

wife, Mary L. Dillinger and three minor children, Callie Ann, age 15, Catherine,

age 18, and Thomas B., age....... years, asking for homestead to be set up under

Sec. 2827 of the Code of GA.  March 16, 1899  Henry Dillinger

Ordered citation issue and be published.  Hearing date set for April 12, 1899

 

 

 

 

Page 324

Union Court of Ordinary - April Term 1899

Letters of Administration issued to Martha A. Harrison as Administrator of AH

Harrison, deceased, upon her giving bond and security in the sum of $2000 and

taking the usual oath.  April 5, 1899

 

 

 

Page 325

Application of WR Lance et al, fifteen freeholders of Ivy Log District GM for an

election on the fence law in said district, petition heard and considered -

ordered that citation do issue and published in terms of law and the case heard

14 day of May next at my office.  This 2nd day of April 1899 - John T. Calwell,

Ordinary

 

 

 

Page 326

Union Court of Ordinary - May Term 1899

Petition of Mary J. Taylor for years support from the estate of William Taylor,

decd.  Petition heard and William Nickols, Barney Thomas, Levi Payne, Johnson

Rector and John Nickols appointed to set up said support. May 1, 1899

Page 327

Union Court of Ordinary - June Term 1899

Ordered Years Support to Mary J. Taylor on the estate of William Taylor,

deceased.

 

 

 

 

Case of William Davis, Administrator for Letters of Dismission continued until

the July Term of this court.

 

 

 

Application of WA Souther, Administrator of JCH Souther for Letters of

Dismission  - Granted John T. Calwall, Ordinary

 

 

 

Page 328

Application of ML Ledford, executor of Silas Ledford, deceased, asks for Letters

of Dismission and files statement.  Ordered citation issue and published in the

Blairsville Herald.  Jne 5, 1899

 

 

 

Page 329

Union Court of Ordinary - July Term 1899

Application of Vada Collins, widow of John Cathy Collins, for Twelve Months

Support for herself and five minor children - Ordered return of the appraisers

be made the judgment of this court and that it be recorded.  July 3, 1899

 

 

 

Application of William Davis on estate of John Woody, deceased, for Letters of

Dismission, continued

Page 330

Union Court of Ordinary - July Term 1899

Application of JY Walker for guardianship of persons and property of Joseph,

Callie, and Sallie Owenby, minors over 14 years, heirs of the estate of Arthur

Owenby, deceased, who select said Walker.  Ordered citation issue and be

published.

 

 

 

 

Application of JY Walker for guardianship of persons and property of Ida and

Frank Owenby, minors under the age of 14, minor heirs of Thomas Owenby,

deceased.  Ordered citation issue and be published.

 

 

 

In vacation

Application of James Land for setting apart a homestead - heard and citation

issued and notice mailed to George L. Bryson, creditor and day fixed for hearing

on August 16, 1899.  This 19th day of July 1899.

 

 

 

Page 331

Union Court of Ordinary - August Term 1899

Petition of JE Collins for guardianship of Lula, Alex, Spurgeon, Arthur and

Moody Collins, minor children of John Cathy Collins, deceased - Ordered that

citation issue and be published in form of law.

 

 

 

Petition of fifteen freeholders of Doola 1155th District GM asking for an

election on the stock law in said district, heard and considered - Ordered that

citation and notices issue and be published as law directs, and hearing be held

on the 31st of August 1899.

 

 

 

Two applications of JY Walker to be appointed guardian of the children of Thomas

Owenby - Ordered that he be appointed Guardian as prayed for.  Letters issue to

him upon his taking the oath and giving bond.

 

 

 

Page 332

 Petition of Oscar Rogers in his own behalf and George W. Rogers, as natural

guardian of Eva, Worth and Jennie Rogers, asking for a distribution of the

estate coming to them as heirs of Mary J. Rogers, who was an heir of Sarah

Lewis, deceased - said estate now deposited in the Ordinary Court by Larkin

Lewis, Executor of Sarah Lewis, decd.

 Ordered that citation do issue in terms of the law and be published in the

Blairsville Herald, and that the same be passed upon in Ordinary court the 1st

Monday in September, 1899 - John T. Colwell, Ordinary

 

 

 

Petition of William Davenport and J. A. Poteet for Permanent Letters of

Administration on the estate of John N. Poteet, deceased.  Ordered that citation

issue and be published as provided by law.

Ordered by the court that all the Annual Returns filed in office in July be

recorded.  This August 7, 1899

 

 

 

 

Page 333

Application of JB Lowery and others fifteen freeholders in all of Lower Young

Cane District GM for an election on the stock law.  Petition heard, and the 16th

of September 1899 fixed for a hearing.  This 24 August 1899

 

 

 

Application of Alice Long, widow of N. Long for Year’s Support out of the estate

of said NC Long, deceased.  Ordered that Mance Runalds, Bud Mahaffy, Frank Reid,

Sam Hughes and John Carroll be appointed appraisers to set up said support and

make their return.  August 31, 1899

 

 

 

Page 334

Court of Ordinary - September Term 1899

Upon considering the petition of Oscar Rogers and George W. Rogers, natural

guardian of Eva, Worth and Jennie Rogers - Ordered by the court that the fund

now on deposit in my office, placed there by Larkin Lewis as Executor of Sarah

Lewis, as the distributive share of Mary J. Rogers, wife of George Rogers be

paid to the said George W. Rogers, guardian of Eva, Worth and Jennie Rogers, and

Oscar Rogers, all children of the said Mary J. Rogers, it being made to appear

to the court that the said Mary J. Rogers is dead.

Recd. of John T. Colwell, Ordinary of Union Georgia and successor of John W.

Meeks, the sum of $207.35, in cash and in full payment of the sum deposited in

said court by Larkin Lewis, Executor of Sarah Lewis, as the distributive share

of Mary J. Rogers in said estate; said fund being paid to the children of Mary

J. Rogers, she being dead.  September 4, 1899  ML Ledford, Atty. for children of

said Mary J. Rogers.

 

 

 

 

Page 335

Petition of JB Chastain for Letters Administration on the estate of NC Long, who

died June 9, 1899. - Ordered the usual citation issue.

 

 

 

Application of JE Collins at the August Term of court asking to be appointed

guardian of the persons and property of Lola, Alex, Spurgeon, Arthur and Moody

Collins, minor children of John Cathy Collins, decd. - Ordered that JE Collins

be appointed Guardian and Letters issue with oath and bond.  September 4, 1899

 

 

 

Petition of ML Ledford, Exr. of Silas Ledford, decd at the June Term of court

asking for Letters of Dismission.  Ordered petitioner released and Letters

issued.

Petition of William Davenport and JA Poteet, Admrs. of John N. Poteet, deceased,

for  leave to sell personalty - Ordered leave granted upon publishing same as

law requires

(written in left margin in very small handwriting) Citation having been duly

issued and published requiring all persons and singular next of kin and

creditors of John N. Poteet, deceased, to appear at this term of court and show

cause, if any they could, why Permanent Letters of Administration should not be

granted to William Davenport and JA Poteet, and none filed, ordered that Letters

Administration be issued as Administrators of John N. Poteet, upon their giving

bond and security in the sum of $200 and taking the usual oath.

 

 

 

 

Page 336

Union Court of Ordinary - October Term 1899

Letters of Guardianship granted to JY Walker as guardian of minor children of

Thomas Owenby, deceased, after taking oath and giving bond.

 

 

 

Lanie S. Mahaffey tendered a good bond and made security for the natural

guardianship of her son Edward Mahaffey - Ordered bond be recorded and that

Lanie S. Mahaffey be and she is hereby vested with all the authority of

Guardianship of said minor and his property to receive and manage it according

to law.

 

 

 

Application of William Davis, Admr. of estate of John Woody, decd., requests

Letters of Dismission.  On account of the heirs and the sickness of said

Administrator, the hearing was put off until this, the October Term 1899, and

there being no lawful objections filed, court grants same as the law directs. 

October 2, 1899

 

 

 

Page 337

Letters Administration issued to WH Payne, next of kin (and by consent of JB

Chastain, principle creditor) as administrator of the estate of NC Long,

deceased, upon giving bond in the sum of $800 and taking usual oath of office.

 

 

 

The return of the appraisers setting apart a Twelve Month Support to the widow

of John N. Poteet, deceased, having been filed in my office, all persons

concerned are cited to show cause by the 6th day of November why said

application should not be granted.  October 2, 1899

 

 

 

Petition of AC Smith shows that Bennett Smith died on the 17th day of August

1899, leaving petitioner as next of kin, and also leaving a large estate of real

and personal property worth the sum of $600, and at the time of his death said

Bennett Smith was entirely intestate as your petitioner believes and herein

alleges; wherefore he prays the usual citation in such cases to issue in order

that he may obtain permanent Letters of Administration on Bennett Smith’s

estate; and petitioner will ever pray &c.  October 3, 1899  AC Smith

Page 338

Ordered citation issue on the above petition and be published in Blairsville

Herald as the law directs.  This October 5, 1899 - John T. Colwell, Ordinary

$18.55 - Recd. of John T. Colwell, Ordinary, $11.35 which he recd. of MS Hill,

JP, for sale of estray cattle; and $7.20 which he received of Elliott Bolin, NP

& JP, for sale of estray cattle; twenty cents of said amount allowed said

Ordinary for entering this receipt on record.  This 2nd October 1899 - ML

Ledford, CS Court

 

 

 

 

John M. Stephens, Executor of Wilson Stephens, deceased, having faithfully and

honestly executed the LW&T of said deceased, is by the Court of Ordinary

formally and finally discharged from such Executorship by order of court of

Ordinary this 2nd day of October, 1899.

 

 

 

Page 339

 Petition of GM Fleming, Executor of Elizabeth R. Ketron of the state of North

Carolina and county of Clay, shows the following to wit:

 That Elizabeth Ketron of Clay County, North Carolina, is dead, dying testate

and leaving certain property in Union County, Ga. disposed of by will.

 That in said will petitioner is named as Executor, and as such has duly applied

for and had said will property probated in the court, having jurisdiction of the

same in the county of Clay, State of North Carolina, all of which will appear by

reference to an exemplification of the record hereto attached.

 Wherefore petitioner prays that said will go to record in this county as

proven; and that petitioner be allowed to qualify as the Executor thereof, and

petitioner will ever pray &c.  WE Candler & OL Anderson, Attys for Petitioner

Ordered that the will of Elizabeth R. Ketron hereto shown to the court be

admitted to record in my office and that GM Fleming, named as Executor therein,

be allowed to qualify as such.  Granted this 2nd October, 1899.  JTC, Ord.

 

 

 

 

Page 340

blank

Page 341

Union Court of Ordinary - November Term 1899

Application of Rebecca Poteet, widow of John N. Poteet, for Year’s Support from

estate of said Poteet, decd, on the 9the day September 1899, appraisers

appointed and filed their return, and citation having bee run as the law

directs, and no objections filed in office; Ordered by the court that the return

of the appraisers be made the judgment of this court and that the same be

admitted to record this November 6,1899.  John T. Colwell, Ordinary

 

 

 

 

Page 342

Union Court of Ordinary - December Term 1899

This day the Ordinary assumes all the duties of all the county business as it

originally was before the Board of Commissioners was created; the law creating

the Board was repealed by the Legislature, Wednesday, November 29, 1899.

 

 

 

Page 343

Application of Lizzie Calwell, widow of HT Calwell, deceased, for Years Support

for herself and minor children - no objections being filed, ordered that the

return of the appraisers be made the judgment of this court and that it be

recorded.  This December 4, 1899 - JTC, Ordinary

 

 

 

Petition of Barbara Anthony for Years Support of the estate of William Anthony,

deceased in October of this year; no objections being filed, ordered that the

return of appraisers by the judgment of this court and that it be admitted to

record, this 4th December 1899.  John T. Calwell, Ordinary

 

 

 

Page 344

blank

(Next page, 345, begins the minutes for the January Term, 1900)

 


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