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Ordinary Court Minutes, Union Co., GA - 1901Roll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 363 thru 394  -- 1901]

Transcribed by Linda Smith Murray on Nov 1, 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  1901 only.

 

 

 

 

Page 363

In vacation

Ordered that SY Jarrett be appointed Clerk Court of Ordinary .... upon his

taking the oath and giving bond as the law directs, and he shall be allowed one

(blank) of the fees of said office.  Given under my hand and signature.

Page 364

Oath of SY Jarrett - Sworn to and subscribed before me this January 1, 1901. 

John T. Colwell, Ordinary

Page 365

Union County

Ordered by the court of Ordinary that the following named persons be appointed

Commissioners of their respective districts for the years 1901 and 1902, and

they are required to perform all the duties required of them by law as such

officers during their term of office.  Granted this ------ day of --------, 1901

 John T. Colwell, Ordinary

Arkaqua District - JH Davis, Thomas Conley, William Jackson

Blairsville District - Thomas J. Butt, AL England, Ab Satterfield

Brasstown District - Lon Hulander, James Boling, Henry Erwin

Choestoe District - William Curtis, Elus Collins, John C. Cain

Canada District - Sam McGee, Hiram Abercrombie, John Nelson

Coopers Creek District - JA Dockery, William Jones, John Picklesimer

(the following written in between the lines)

1902 - John Hutson, John Shoup instead of Pickelsimer and Dockery moved out

Coosa District - JY Walker, WR Logan, WM Brackett

Doola District - GW Thompson, JM Poteet, JD Davenport

Gaddistown District - James D. Gurley, Jacob M. Cochran, JD Brookshire

Gumlog District - Bob Henderson, SJ Rogers, AC Hemphill

Page 366

Owltown District - Orum May, Henry Morgan, Richard England

Upper Young Cane - JC Carroll, John Medaris, Jr., JB Chastain

Lower Young Cane - MJ Smith, George Mauney, Thomas P. Sullivan

Ivy Log District - Charley Mauney, John A. Thomas, John Morgan

 

 

 

 

Page 367

Union Court Ordinary - January Term 1901

Nellie Loudermilk vs commissioners to set up Year’s Support - Caveat - PH

Haralson, attorney for Nellie Loudermilk; WE Candler and ML Ledford, attorney

for commissioners and executor.  Continued to February Term on account of

absence of one of the commissioners.

 

 

 

In the case of Jane Rogers, widow of JM Rogers, decd. - Application for Year’s

Support - Appraisers having made their return, and same advertised as the law

directs, and there being a caveat filed by the administrator to the return of

appraisers, and it appearing to the court that this court would be disqualified

to judge the case on account of relationship, it is ordered continued until the

first Monday in February next.  John T. Colwell, Ordinary

 

 

 

Page 368

Union Court Ordinary - February Term 1901

Nellie Loudermilk vs Commission Appraisers to set up Year’s Support

Caveat objecting to return of appraisers - continued from January Term of this

court on account of sickness of one appraiser PH Haralson, attorney for Nellie

and WE Candler, attorney for Appraisers and Executor.

Judgment in favor of return of appraisers - Appeal taken to Superior Court by

Nelly on pauper affidavit - John T. Colwell, Ordinary

 

 

 

John F. Colwell, Administrator vs Jane Rogers or Commissioners to set up Year’s

Support - PH Haralson, attorney for Jane Rogers

The administrator caveated the return of the appraisers.  Case came on to be

tried before the Clerk of Superior Court as the law directs, the Ordinary being

disqualified - Continued on account of ML Ledford, attorney for Caveator being

sick - James L. Haralson, CSC

 

 

 

Page 369

Union Court Ordinary - February Term 1901

By virtue of the power in me vested by the laws of Georgia, I, John T. Colwell,

Ordinary in and for said county do hereby order and decree that the grade of the

Tesanty Gap Turnpike Road in said county shall be one foot in sixteen, that is

to say, said grade shall not rise over one foot in sixteen.  Granted this

February 4, 1901 - John T. Colwell, Ordinary

 

 

 

Petition of FG Duncan, JF Crawford, Wellburn Ledford and others asking that Lige

Teague of Coosa District be declared a pauper of said county and given the

benefits of the Pauper House.  Ordered by the court that he be declared a pauper

of this county and entitled to the benefits of the Pauper House, this February

4, 1901 - JTC, Ord.

 

 

 

Page 370

Union Court Ordinary - March Term 1901

George Rogers vs Jane Rogers - Caveat to the setting of Year’s Support - Motion

and Caveat filed March 4, 1901, by JA Butt, attorney for George Rogers, heir at

law

 

 

 

Application of John A. Deaver for Permanent Letters of Administration on the

estate of Merida Davis - Petition heard and citation issued and ordered

published in the Blairsville Herald - Granted this 4th March 1901

Page 371

Union Court Ordinary - April Term 1901

Hearing on the application of John A. Deaver for Letters Administration on

estate of Merida Davis, deceased - ordered continued until 1st Monday in May

next, by consent of all parties - April 1, 1901

 

 

 

 

Application of AJ Lance, Executor of LW&T of Daniel Loudermilk, deceased, for

leave to sell the lands - Ordered citation issue and published.  April 1, 1901

 

 

 

Application of WJ Ross, guardian of JH Ross, deceased, for leave to sell the

lands belonging to said deceased.  Ordered citation issue and published.  (not

dated, but before adjournment, so apparently April 1, 1901)

Page 372

blank

 

 

 

 

Page 373

Union Court Ordinary - May Term 1901

John Davis, Caveator vs John Deavers, applicant for administration on estate of

Merida Davis, deceased. Caveator asking that he or some other good person be

appointed administrator - ordered that Frank Duckworth be appointed

administrator on the estate of Merida Davis, deceased, upon his making good and

solvent bond and taking the usual oath.  May 6, 1901

 

 

 

Petition at the April Term of this court of AJ Lance, Executor of the will of

Daniel Loudermilk, praying for leave to sell the land of said deceased - ordered

by the court that the said executor be granted leave to sell for the purpose of

making distribution and paying debts, the following described land - Lot of Land

#128, 8th and 1st, containing 160 acres more or less.  It appearing to the court

that the widow of said deceased has taken dower in said land, and it further

appearing that for the purpose of paying debts of said deceased and for paying

expenses of administration, it is necessary to sell the reversionary interest of

said dower.  It is ordered by the court that said reversionary interest be sold

after being advertised once a week for four weeks in the public gazette in the

county.

 

 

 

Page 374

Petition at the April Term of this court of WJ Ross, guardian of JH Ross,

deceased, praying for leave to sell the land of said deceased for the purpose of

paying debts and for distribution; ordered by the court that the said guardian

be granted leave to sell the following described land - 123 acres of lot of land

#217 in the 17th and 1st section, it being all of said lot south of the creek

running through said lot, and two acres more or less extending to old cross

fence, also seven acres of Lot 216 in the 17th and 1st, lying south of the creek

running east to spring branch, thence southeast to a post oak thence same

direction to original corner of land #216 and #217, thence west to the beginning

corner at creek.

 

 

 

Page 375

Court of Ordinary - June Term 1901

Warrant of appraisement issued to JW Jones, WA Jackson, GJ Duckett, Robert Erwin

and J. Duckworth to appraise the estate of Merida Davis, deceased.  This June 3,

1901

 

 

 

Page 376

Union Court of Ordinary - July Term 1901

Application of FM Duckworth, administrator of the estate of Merida Davis,

deceased, asking for leave to sell land belonging to said deceased. - Ordered

citation issue and be published.  July 1, 1901

 

 

 

Page 377

Union Court of Ordinary - In chambers

For and in consideration of the benefits to be derived by the public, by

building and operating telephone lines in the county of Union, State of Georgia,

it is hereby ordered that the privilege and right to build, erect and operate

long or short distance telephone lines over and along the public roads of said

county is hereby granted to the Cherokee Telephone Company, a corporation doing

business under and by virtue of a charter granted said company by the State of

North Carolina, provided said telephone company shall at all times exercise due

regard for the welfare of travel over and along said public roads and shall not

erect poles or place wires so as to hinder, intercept or delay travel along said

roads; provided further if the said telephone company shall fail or refuse to

build, equip and have ready for use, a telephone line from the Town of

Blairsville, Union County, Georgia to Murphy, NC, or to some other point or

place on a railroad having telegraph facilities by the 1st day of January 1902,

the rights and privileges herein granted shall be null an void; but if the said

telephone company shall complete said telephone line within the time mentioned,

it shall have and enjoy the rights and privileges herein granted for the period

provided by the Statutes of this state in such cases.  This July 6, 1901.  John

T. Colwell, Ordinary

 

 

 

Page 378

In vacation

Application of Mathew J. Ingram for temporary Letters of Administration upon the

property of David L. Mauldin, deceased - Ordered that temporary Letters

Administration issue upon his giving bond in the sum of $800 and taking the

usual oath.  July 8, 1901

Oath of above.  July 8, 1901

 

 

 

 

Page 379

In vacation

It being made to appear to the court by petition of the citizens of Gaddistown

District that there is a case of smallpox in Fannin County, about two miles from

the county line and that it is liable to spread in this county, it is therefore

ordered by the court that all that part of Fannin County joining this county in

Gaddistown and Coopers Creek districts be and is hereby quarantined for the

space of thirty days from date and no person shall be allowed to come into this

county from that part of Fannin for and during said time under penalty of the

law.  This 31st day August 1901  John T. Colwell, Ordinary

 

 

 

Page 380

Union Court of Ordinary - August Term 1901

FM Duckworth, administrator of the estate of Merida Davis, decd., leave to sell

land - Ordered that leave be granted to sell the following land of said estate

to wit - parts of Lots #90 and 92 in the 16th and 1st, containing 170 acres more

or less, all of said lots except thirty acres on the southeast corner of Lot

#90, aid thirty acres belonging to Kimsey Cook.  August 5, 1901

 

 

 

Petition of Judge Stephens et al, asking that the private way beginning on the

public road near NB Hill’s residence running north and northeast on the line of

said Hill and Nim Allen et al, and intersecting with Antioch Road near Grant

Self’s, be declared a public road under Section 682 of the code.  Filed in

office to be heard at September Term of this court.  This August 5, 1901

 

 

 

Page 381

blank

 

 

 

Page 382

Union Court of Ordinary - September Term 1901

Judge Stephens et al vs Nim Allen

Petition of Judge Stephens et al at the August Term of court asking that a

certain private way running by Nim Allen’s house be declared a public road - and

now at this term of the court, Nim Allen files a counter petition.  Now at this

term of court, Judge Stephens, petitioner, withdraws his petition; wherefore it

is ordered by the court that Judge Stephens, et al, petitioners, pay $1.75 cost

of this proceeding to date.  This 2nd September 1901

 

 

 

Page 383

In vacation - Sitting for County purposes

Tax assessments outlined.

 

 

 

Page 384

Petition of Mary C. Rider for Twelve Months Support out of the estate of Mose

Rider, deceased, for herself and two minor children.  Ordered that Jeremiah

Rich, JY Walker, William Curtis, Rufus Duncan and Joab Crawford be appointed

appraisers to set up a year’s support out of the estate of Mose Rider, deceased.

 August 15, 1901

 

 

 

Petition of Mary E. Wimpy for Twelve Months Support from the estate of Jehu

Wimpy, deceased.  Ordered that John W. Jones, WA Jackson, KC Davis, FJ Collins

and WJ Miller be appointed appraisers to set up same.  August 29, 1901

 

 

 

Petition of JY Walker for Temporary Letters of Administration upon the estate of

Mose Rider, deceased - Ordered that same be issued upon subscribing the usual

oath and giving bond of $600.  September 25, 1901

 

 

 

Page 385

Petition of MJ Ingram for Permanent Letters of Administration on the estate of

David L. Mauldin, decd.  - Citation issued and ordered published and hearing set

for the 1st Monday in November 1901.  September 25, 1901

We, AJ Rogers, principal and (blank) security are held and firmly bound unto

John Colwell, Ordinary .... in sum of $550 for which payment of sum to Ordinary,

bind ourselves, etc....This 4th day November 1901

 The condition of the bond is for a contract for the county to build a bridge

across the Notly River at the Akins Ford, the said AJ Rogers being the lowest

bid and was awarded to him for $271.  Now if the said AJ Rogers shall build said

bridge in good workman style and according to the plan and specifications hereto

attached, then this obligation shall be void.  S/  AJ Rogers, EG Wellborn,

Thomas Duncan, John A. Calwell   Recorded November 8, 1901 by SY Jarrett, CCO

 

 

 

 

Page 386

Union Court of Ordinary - October Term 1901

Petition of FE Conley asking for letters of administration on the estate of Mary

Rhoads, decd. - ordered that citation issue and be published and case heard in

my office the 1st Monday in November 1901.  This October 7, 1901

 

 

 

Petition of JY Walker for Permanent Letters Administration on the estate of Mose

Rider, deceased.  Ordered citation issue and be published and case heard in my

office on the 1st Monday in November 1901.  This October 7, 1901

 

 

 

Application of Mary C. Rider for Year’s Support for herself and two minor

children of Mose Rider, deceased - Case continued until next regular court in

course.  October 7, 1901

Page 387

Union Court of Ordinary - October Term 1901

Specifications of contract to build Bridge at Akins Ford.

 

 

 

Page 388

Mary Rider application for Year’s Support - Ordered that the year’s support set

up by the appraisers be made the judgment of the court and admitted to record.

November 4, 1901

Letters Administration issued to JY Walker on estate of Mose Rider, deceased, he

giving bond of $1200, and taking prescribed oath.  November 4, 1901

 

 

 

 

Page 389

Union Court of Ordinary - November Term 1901

Application for Letters Administration by FC Conley on estate of Mary Rhoads,

decd.  Ordered that James L. Elliott be issued Permanent Administrator upon said

estate, giving bond of $500 and usual oath.  November 4, 1901

 

 

 

MJ Ingram - Application to be appointed permanent administrator upon the estate

of David L. Maulden, deceased - Ordered Permanent Letters Administration issue

upon taking oath and giving bond of $1800.  November 4, 1901

 

 

 

Petition of James L. Elliott, administrator of Mary Rhoads, shows that it is

necessary for the payment of debts to sell land of said deceased.  Ordered

citation issue and published. November 4, 1901

 

 

 

Page 390

Application of William Davis, Administrator upon estate of George W. Davis,

deceased, requesting leave to sell all the land belonging to said estate. 

Ordered that citation be issued and published.  This November 4, 1901

 

 

 

Petition of JV Lance, et al, asking for an election on the stock law in Ivy Log

District.  Let citation issue and be published and be heard on the 27th day of

November 1901.  November 4, 1901

 

 

 

Page 391

Union Court Ordinary - November Term 1901

Application of MJ Ingram, Administrator of DL Maulden, decd. for leave to sell

the perishable property of said estate.  Ordered and granted.  November 4, 1901

 

 

 

Application of JY Walker Administrator of estate of Mose Rider, deceased, for

leave to sell perishable property.  Granted upon his giving ten days notice on

the courthouse door and at two public places in the county.  November 4, 1901

 

 

 

Page 392

Court of Ordinary - In Vacation

Application of JV Lance, et al, for an election in Ivy Log District on the stock

law, filed at the November Term of court, and it appears that citation and

posting has been made and no objections filed, it is ordered that there be an

election held in said Ivy Log District on the 18th day of December 1901. 

November 27, 1901

 

 

 

Page 393

Union Court of Ordinary - December Term 1901

Petition of James L. Elliott, administrator of the estate of Mary Rhoads,

deceased, requesting leave to sell lands - ordered that said leave be granted to

sell the following described land to wit:  parts of lots of land #71 and #72 in

the 9th and 1st, Union County, containing 100 acres more or less, it being all

the land owned by the said Mary Rhoads at the time of her death and the land

whereon she resided at the time of her death.

 

 

 

Page 394

Application at the November Term of this court of William Davis, Admr. of the

estate of George Davis, deceased, requesting leave to sell the land belonging to

said deceased - ordered leave granted.  December 2, 1901

(Next page is number 395, and begins the January Term of court, 1902)

 


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