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Union Co., GA - Ordinary Minutes for 1891 - USGenWeb ProjectRoll #RHS 3957 -

Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[pages 3 - 36; 1891]

Transcribed by Linda Smith Murray on October 23, 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  1891 only.

 

 

 

 

 

 

Page 3

Georgia, Union County - Agreement

 Heirs of JH Penland, decd., agree that the following statement of act’s between

us and said estate shall govern said Joseph H. Penland administrator in his

final settlement with us and us fully to abide by the same - and allow said

administrator upon full compliance with the same to be discharged.  We agree

that all the lands shall be sold on the 1st Tuesday in October next and on the

following terms for cash.  Accounts and statements of each heir.

 Miranda Duncan we agree shall have the home place free of rent until January 1,

1893 and that she shall receipt. the Administrator for $80 heretofore advanced

and that no interest shall be charged on the debt due by Thomas Duncan up to

final settlement.

 Laura Walker has had no advancement

 SN Penland is due the estate the amount of his note without interest and ten

dollars heretofore advanced.

 Tom Penland is due his note without interest.

 Joseph H. Penland due nothing.

 Eliza Gillespie is due the estate what John C. Gillespie owes on his notes

without interest and $1.00 additional.

 Clarissa Pierce is due the estate nothing.

 Heirs of Alice Walker are due the estate nothing.

 Heirs of Sarah Gillespie and Addington are due the estate nothing.

 William Penland is due the estate $268.00 without interest and the

administrator will execute to said William Penland deeds to his land.

 Heirs of Elizabeth Martin are due the estate nothing.

 It is agreed that by the paying of the sum of $15.00 by JC Walker, Joseph

Penland, admr., is authorized and directed to surrender to said JC Walker his

$65 note.

 Said administrator is authorized to buy suitable monuments for the graves of JH

Penland and his wife.

 It is agreed that Joseph H. Penland may pay WE Candler, Atty. at Law, $25 for

his services in aiding the administrator in winding up the estate, this July 6,

1891.

JE Martin, agent of Eva Logan and guar. of Ivy B. Martin

Wm. Penland, James C. Gillespie, agent of Thomas J. Gillespie, Z Dockery and

Mary Jones

JC Walker, guar. of JP, TG, Eliza, and Pearl Walker, as agent for WD Walker, JW

Walker, RM Walker and LA Coruthe.

Eliza Gillespie

Joseph Penland

JH Penland as agent. of TH and SN Penland and Joab Addington

JW Addington

ME Duncan

Alice Erwin

Laura W. Walker

Clarissa C. Pierce

TH Martin

Attested by WE Candler and EW Butt, Ordinary

 

 

 

Page 5

Union Court of Ordinary - July Term 1891

Application of JE Martin for letters of Guardianship for Ivy L. Martin - $200

bond - July 6, 1891 - EW Butt, Ordinary

 

 

 

Application of JC Walker for Letters of Guardianship for Joseph Walker, Grason

Walker, Eliza Walker and Pearl Walker - Bond $500 - July 6, 1891

EW Butt, Ordinary

 

 

 

Page 6

Union Court of Ordinary - July Term 1891

Notice of application to sell lands belonging to the estate of John H. Penland,

decd. - granted July 6, 1891 - EW Butt, Ordinary

 

 

 

Petition of Larkin Lewis, Executor of Sarah Lewis, decd., request for Leave to

Sell Land of testator. Citation issued - July 6, 1891 - EW Butt, Ordinary

 

 

 

Page 7

Years Support granted to Elizabeth Akins, widow of Lewis Akins. - July 6, 1891 -

EW Butt, Ordinary

 

 

 

Request for leave to sell personal property of the estate of WF Davis, decd., by

administrator JN Davis. Granted - July 6, 1891 - EW Butt, Ordinary

 

 

 

Page 8

Petition of SA Sparks, admr. of estate of HJ Sparks, decd. says that said decd.

was possessed at the time of his death with two lots of land, Nos. 161 and 162

in the 8th District and 1st Section of said county, it being the home place when

said HJ Sparks died, he requests leave to sell real estate in order to make a

division among the heirs.  If no objection is made, lands to be sold the 1st

Monday in September, 1891.  July 23, 1891 - SA Sparks, Administrator, Petitioner

 

 

 

 

Page 9

Joseph H. Penland, Administrator of JH Penland, decd., shows to the court that

he has now on hand about twenty-five bushels of wheat that is likely to decrease

in value by keeping and cannot be divided in common, requests permission to sell

said wheat in terms of the law.

Leave to sell granted - July 27, 1891 - EW Butt, Ordinary

 

 

 

Page 10

Petition of JN Davis, Administrator of the estate of WF Davis, deceased,

requests leave to sell lot of land of 160 acres for the purpose of paying the

debts and making distribution among the heirs.  Citation issued - July 6, 1891

 

 

 

Page 11

Agreement between Mrs. MC Meeks, widow of WS Meeks, decd. and JW Meeks,

Administrator of WS Meeks, decd., that the widow will accept from the

administrator what personal property there now is belonging to the estate, the

mule excepted, at the estimated value of $116.25, which is to be in full

satisfaction of her rights of dower and a year’s support out of said estate.

Mary C. (herXmark) Meeks

In presence of JR Ross, TJ Butt - July 31, 1891 - EW Butt, Ordinary

 

 

 

Page 12

August Term, 1891

Application for Leave to Sell Land of Sarah Lewis, decd. by Larken Lewis,

Executor - Granted - EW Butt, Ordinary

Notice of application for leave to sell the lands belonging to the estate of

Mrs. HC Davis, decd. granted to FM Duckworth, Admr. - August 3, 1891 - EWB, Ord.

 

 

 

 

 

Page 13

Petition of Thomas M. Fleming shows that Hansel E. Nicholson, age twelve years,

is the child of John Nicholson, late of said County, decd., who while in life,

nominated said petitioner as agent for said minor, and as she is entitled to

receive fro the estate of her father, the sum of $20, more or less, and that it

is necessary that she shall have a guardian appointed to take charge of her

person and property, and requests same.  Thomas M. Fleming, Petitioner

Citation issued August 3, 1891 - EWB, Ordinary

 

 

 

Page 14

Petition of John W. Meeks, Admr. of the estate of WS Meeks, decd, requests leave

to sell land.  August 3, 1891 - JW Meeks, Admr.

Citation issued and be published - August 3, 1891 - EWB, Ordinary

 

 

 

Page 15

Petition of TJ Butt states that he is the guardian of the property of Walter,

Albert and Edgar Butt, minors of John G. Butt, late of said county, and that the

said minors are non-residents of said State who reside in the state of Colorado.

 Petitioner asks court to grant order authorizing him as guardian to rent the

farm and lands situated in said county belonging to said minors at private

contracts, it being in his judgment to the best interest of said minors.  TJ

Butt, Petitioner

Ordinary’s Office of Union County, Georgia

In vacation - August 13, 1891

It appearing to the court that the petitioner, TJ Butt is a relative of EW Butt,

Ordinary of Union County, Ga., and as such is therefore disqualified from acting

on the above and foregoing petition, and the same is therefore respectfully

referred to the Judge of the Superior Court for his actings and doings in the

premises. - EW Butt, Ordinary

Chambers, Blairsville, Ga. - August 14, 1891

It appearing that the Ordinary is disqualified by relationship from passing upon

the applicant’s petition.  I therefore take jurisdiction of the same being

satisfied that the interest of the wards will be advanced thereby, it is ordered

that said TJ Butt, guardian, be authorized to make such private contracts for

the annual renting of his wards’ lands from year to year as he may deem best and

that if he deems best he may rent said lands as that the same may be paid in

kind, but when he so rents, he must annually dispose of said rents to the best

advantage and pay the rents annually to his said wards.  The Clerk of Superior

Court is directed to enter this petition an order on the minutes of his court

and then transmit same to the court of Ordinary for record - CJ Wellborn, JSC

Page 17

Petition of FA Watkins, a citizen of said state and one of the next of kin of BW

Watkins, late of said county, decd, shows that said deceased departed this life

about 10th day of April 1889 and as he believes intestate, leaving property real

and personal lying in said county of the probable value of $1000, and that said

estate should be administered upon for the purpose of collecting and paying the

debts due to and owing by the said estate and for the purpose of making

distribution thereof among the heirs of said deceased.  Wherefore petitioner

prays an order directing citation to issue and be published in terms of the law

and that if no good cause be shown to the contrary, your petitioner or some

other competent person be appointed the permanent administrator of the estate of

said deceased.  This August 29, 1891 - FA Watkins, Petitioner

Order of Citation - August 29, 1891 - EW Butt, Ordinary

 

 

 

 

Page 18

September Term, 1891

In the matter of John W. Hughes, administrator, application for leave to sell

the real estate belonging to the estate of Bently Harrison, deceased.  Notice of

application for leave to sell the lands belonging to the estate of Bently

Harrison, deceased, having been published as required by law and no objections

being filed to the granting of said application, and it appearing that it is

necessary for the purpose of paying the debts and making distribution among the

heirs of said deceased, that said lands be sold.  It is hereby ordered that

leave be granted John W. Hughes, Administrator of said decd. to sell lands

belonging to said estate lying in said county consisting of the home place and a

tract of unimproved land lying broadside of the home place each containing 160

acres more or less, subject to the widow’s dower.  This September 7, 1891 - EWB,

Ordinary

 

 

Page 19

Application for leave to sell lands of estate of HJ Sparks, decd. Granted

September 7, 1891 - EWB, Ord.

 

 

 

 

Petition of IW Queen, executor of estate of Wilson Jones, deceased, requests

order authorizing him to sell personal property. - September 7, 1891

IW Queen, Executor, petitioner

 

 

 

Page 20

October Term 1891

Application of Thomas M. Fleming for guardianship for Hansel E. Nicholson, being

duly published and no objections filed, ordered he be appointed guardian, giving

bond in the amount of $100.  October 5, 1891 - EWB, Ord.

 

 

 

Page 21

Application of IW Queen, executor of Wilson Jones, decd., ordered that he be

given leave to sell personal property. - October 5, 1891 - EWB, Ordinary

 

 

 

Notice of application for leave to sell lands belonging to the estate of WF

Davis by JN Davis, administrator. - October 5, 1891 - EWB, Ordinary

 

 

 

Page 22

Application for leave to sell the land belonging to the estate of WS Meeks,

decd, ordered that same be granted to JW Meeks, administrator. October 5, 1891 -

 

EW Butts, Ordinary

 

 

Letters of Administration granted to FA Watkins on the estate of BW Watkins,

deceased, bond amount fixed at $1500. - October 5, 1891 - EWB, Ord.

 

 

 

 

Page 23

Petition of WA Souther, administrator of the estate of JCH Souther, shows that

the deceased owned fourteen lots of land lying in said county - one known as the

home place whereon decd. resided at the time of his death containing 160 acres,

more or less, and four others of improved land containing 160 acres each; also

nine lots of unimproved land containing 160 acres each.  Also four lots of

unimproved land lying in the county of Towns and state of Georgia containing 160

acres more or less.  For the purpose of paying the debts and making distribution

among the heirs of said decd. it is necessary to sell the land of said deceased.

 Wherefore petitioner prays an order directing citation to issue and be

published in terms of the law and that if no good cause be shown to the

contrary, your petitioner be granted leave to sell said land.  This 5th day of

October, 1891

William A. Souther, Administrator

Ordered citation issue and be published as required by law.  EW Butt, Ordinary

 

 

 

 

Page 24

Ordered that TJ Butt, John England, Meredith Queen, JK Duncan and JF Prater,

freeholders of said county be appointed appraisers of the estate of BW Watkins,

decd. - October 8, 1891 - EWB, Ordinary

Petition of FA Watkins to sell real estate of BW Watkins, decd., shows that

deceased owned at the time of his death two tracts of land in said county, one

known as the home place whereon decd. resided at the time of his death

containing two hundred acres more or less and another tract known as the upper

place and joining lands of JF Prater and others containing eighty acres more or

less.  Leave to sell citation ordered published.  October 10, 1891 -  EWB, Ord.

 

 

 

 

Page 25

Notice of application for leave to sell lands belonging to the estate of John H.

Souther, decd.  Leave granted to William A. Souther, administrator to sell lands

consisting of the home place containing 160 acres and 13 lots of unimproved land

containing 160 acres each, four of which are situated in Towns County, Ga.

November 2, 1891 - EW Butt, Ordinary

 

 

 

Page 26

Petition of Joseph H. Penland, administrator of the estate of John H. Penland,

decd, shows to the court that he has in his custody a lot of suet corn

consisting of about one hundred and twenty-five bushels. He therefore requests

an order allowing him to sell said corn. - Granted November 2, 1891 - EW Butt,

Ordinary

 

 

 

Page 27

Petition of ML Ledford shows that on the 6th day of July, 1891, Silas Ledford,

departed this life after having made and published a Last Will and Testament in

which he nominated petitioner the executor.  Petitioner shows that the heirs of

the said deceased are eleven in number to wit:  Your petitioner, Eliza

A.Ledford, widow of said deceased, Benjamin A. Ledford, Gracie C. Lewis, Andrew

J. Ledford, Jane A. Stephens, John S. Ledford, Alice L. Gurley, Ida Ledford,

Virgie C. Ledford and Sallie I. Ledford, the last named two are minors. 

Petitioner produces said will in court and prays that it be proven in solemn

form, to that end he prays that the heirs at law of said deceased (heirs renamed

here), all of said county except Benjamin A. Ledford of the State of Montana and

Gracie C. Lewis and John S. Ledford, both of the state of Colorado, be cited to

appear the next court of Ordinary for said to be held on the first Monday in

November next and show cause, if any exists, that said will should not be proven

in solemn form and admitted to record the Last Will and Testament of said

deceased and that letters testamentary issue to petitioner in terms of the law.

ML Ledford, petitioner

Page 28

Ordered that Eliza A. Ledford, widow of said deceased, Benjamin A. Ledford,

Gracie C. Lewis, Andrew J. Ledford, Jane A. Stephens, John S. Ledford, Alice L.

Gurley, Ida Ledford, Virgil C. Ledford and Sallie I. Ledford appear before the

court or Ordinary to be held for said county on the first Monday in November

next, then and there to show cause, if any exist, why the paper offered for

probate by the petitioner, ML Ledford, as the Last Will and Testament of Silas

Ledford, late of said county, decd., should not be proven in solemn form and

admitted to record as the Last Will and Testament of said deceased, and it is

further ordered that the said (renames the heirs), be each served personally

with a copy of the within petition and this order at least ten days before the

next term of this court.  This 8th day of October 1891 - EW Butt, Ordinary

 

 

 

 

Page 29

Heirs of Silas Ledford, having been given legal notice of application to

probate, and having failed to show any legal and sufficient cause why said paper

should not be proven, it is admitted to record as the Last Will and Testament of

said deceased.  Ordered and adjudged by the court upon the proof of said will by

all the witnesses to said will that the same be set up as the Last Will and

Testament of said deceased and be admitted to record as such and it is further

ordered that Letters Testamentary issue to said ML Ledford as executor, upon his

taking the oath required by law.  This 2nd day of November, 1891 - EW Butt,

Ordinary

 

 

 

Page 30

Petition of JW Meeks, Administrator of the estate of WS Meeks, late of said

county, shows to the court that he has in his custody a small lot of suet corn

consisting of about 75 bushels.  Also one small mare mule worth about $75 or

$80.  Requests granting of an order allowing him to sell said corn and mule.

Granted November 12, 1891 - EW Butt, Ordinary

 

 

 

Page 31

Petition of ML Ledford, executor of the LW&T of Silas Ledford, decd., asks that

appraisers be appointed to appraise and value the effects of said estate.

Ordered that Isaac Glaryver(?), TC Hughes, JW Jones, WE Candler and TJ Butt,

freeholders of said county be appointed appraisers of the estate of Silas

Ledford, decd., and usual warrant issue.  November 12, 1891 - EW Butt, Ordinary

 

 

 

 

Page 32

Petition of JA Land shows that he is the natural guardian of his three minor

children to wit - Callie J., Minnie and Emory Land, grandchildren of WF Davis

and that they are entitled to a small estate from their grandfather amounting to

about twenty dollars.  Wherefore he requests an order be granted appointing him

guardian of their property.  JA Land, Petitioner

Order issued appointing JA Land guardian of the property of his three minor

children, upon giving bond in the sum of $40 and taking the oath required by

law.

November 13, 1891 - EW Butt, Ordinary

 

 

 

 

Page 33

Petition of John W. Nicholson shows that he is the natural guardian of his two

minor children, RF Nicholson and Orra A. Nicholson, grandchildren of WF Davis,

deceased, and that they are entitled to a small estate from their grandfather’s

estate amounting to about $20.  Wherefore, he requests that he be appointed

guardian of their property and allowed to qualify as such upon giving bond, etc.

 

John W. Nicholson, Petitioner

Order issued appointing John W. Nicholson guardian of the property of his two

minor children, upon giving bond in the sum of $40 and taking the oath required

by law.  November 16, 1891 - EW Butt, Ordinary

 

 

 

 

Page 34

Application for leave to sell lands belonging to the estate of BW Watkins,

decd., having been published and no objections filed, ordered that leave be

granted FA Watkins, Administrator, to sell the lands belonging to said deceased

consisting of the home place and 80 acres known as the upper place and joining

lands of JF Prater and others, the home place containing two hundred acres more

or less.

This 7th day of December 1891 - EW Butt, Ordinary

 

 

 

Page 35

Petition of Joseph H. Penland, administrator of JH Penland, decd., shows that as

such administrator, he has fully executed his trust and administered on all the

estate of said deceased as will fully appear by reference to the attached

statement, wherefore he prays that a citation do issue calling on all interested

to show cause at the March term of court why he should not be dismissed and be

granted letters of dismission.

December 6, 1891 - Let citation issue - EW Butt, Ordinary

Final statement of Joseph H. Penland, administrator of John H. Penland,

deceased, shows a total amount of $3939.76, citing annual returns dated July 6,

and December 12, 1891. (no individual payments listed)

Page 36

The court having no other business, adjourned until the next regular term, this

December 7th, 1891 - EW Butt, Ordinary

(Next is page 37 and begins the year 1892.)

 


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