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1893 Court of Ordinary Minutes - Union Co., GARoll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 73 thru 129   -- 1893]

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  1893 only.

 

 

 

 

 

 

Page 73

Headed 1893

JW Meeks qualified as Ordinary of Union County, February 16, 1893

Oath of office of Ordinary for the County of Union, signed by John W. Meeks

Sworn to and subscribed before me the 16th day of February, 1893.  CJ Wellborn,

JSC

ED Rogers qualified as Justice of the Peace of the 865th District, GM, same

date.

Jackson V. Nicholson qualified as Notary Public of the 1050th District, GM,

December 21, 1892.  Filed in the Ordinary’s office February 16, 1893

Isaac T. Wilson qualified as Notary Public and ex officio Justice of the Peace

of the 834th District, GM, December 29, 1892.  Filed same date as above.

Page 74

Allen J. Conley qualified as member of the Board of County Commissioners of

Union County February 16, 1893 and filed same date.

FA Calwell qualified as member of the Board of Education, February 23, 1893, and

filed the same date.

JB Poindexter qualified as Justice of the Peace of the 1155th District, GM,

February 23, 1893 and filed the same date.

Isaac Glazier qualified as a member of the Board of Education and filed in

office February 24, 1893.

George W. Gurley qualified as JP of the 995th District GM, February 24, 1893 and

filed the same date.

HL Henson qualified as JP of the 996th District GM, February 11, 1893 and filed

the same date.

Miles S. Hill qualified as JP of the 1024th District GM, February 10, 1893 and

filed the same date.

Thomas K. Jackson qualified as JP of the _____ District GM, February 10, 1893

and filed the same date.

WR Logan qualified as JP of the 1162nd District GM, March 3, 1893 and filed the

same date.

FE Conley qualified as JP of the 843rd District GM, March 6, 1893 and filed the

same date.

Notation at the end of this page says “See Page 82.”  Page 82 is a continuation

of qualifying persons.

 

 

 

 

Page 75

AS McCollum qualified as JP of the 994th District GM, March 8, 1893 and filed

the same date.

John J. Odom qualified as JP of the 1050th District GM, March 9, 1893 and filed

the same date.

Petition of TJ Butt, Guardian is drawn through with a notation at the bottom of

the page which says “See Page 86 of this book”.

 

 

 

 

Page 76

Petition of WHW Gurley, one of the next of kin of James Gurley, Sr, deceased,

shows that the deceased departed this life on or about July, 1892, intestate,

leaving property of the probable value of $3000 and requests administrator be

appointed.  February 16, 1893 - WHW Gurley, Petitioner

Read and considered - ordered that citation issue in terms of the law and be

published in The Blairsville Herald.  This February 21, 1893 - JW Meeks, Ord.

 

 

 

 

Page 77

Petition of WHW Gurley and John Cochran, as next of kin of Henry Cochran,

deceased.  States the deceased departed this life on or about July 1892,

intestate, leaving property real and personal of the probable value of $3000,

and request that administrator be appointed. - February 16, 1893

WHW Gurley and John Cochran, Petitioners

Read and considered - ordered that citation issue in terms of the law and be

published in The Blairsville Herald.  This February 21, 1893 - JW Meeks, Ord.

 

 

 

 

Page 78

 Petition of Thomas K. Jackson, as next of kin and choice of the minor heirs of

EK [Elijah Kimsey] Collins - Mary C. Jackson, WE Collins, Sarah J. Collins,

Emory Collins, Sidney A. Collins and Emily C. Collins, who have about eighty

dollars belonging to them in the hands of James H. Harden, Admr. of the estate

of _________ Sullivan, deceased, who resided in the State of Colorado at his

death - that it is necessary that a guardian be appointed to receive said sum of

money to be distributed among said heirs.

 And your petitioner desires to be appointed Guardian of said heirs that he may

take charge of said sum of money and distribute among said heirs as the law

directs in such cases.  February 21, 1893 - Thomas K. Jackson, Petitioner

Read and considered, ordered that citation issue in terms of the law and be

published in the Blairsville Herald.  This February 21, 1893 - JW Meeks, Ord.

 

 

 

 

Page 79

Union Court of Ordinary - March Term 1893

Petition requesting guardianship of his minor heirs, Anna M. and Emma E. Mulkey,

that they have an estate amounting to two-fifths of one hundred dollars coming

to them from the estate of Sarah Lewis,deceased, and they have chosen your

petitioner to act as Guardian of their property, as will appear from the

signatures of the said Anna M. and Emma E. Mulkey.  March 6, 1893 - JP Mulkey,

Petitioner

Guardianship granted the above to JP Mulkey and bond set at $100.  JW Meeks,

Ordinary

 

 

 

 

Page 80

Petition of BT Gurley requests will of James Gurley, Sr., deceased, be admitted

to record and Letters Testamentary be issued.  BT Gurley, Petitioner

 

 

 

William B. Shipp swears that he, William Davis and WA Seabolt saw James Gurley

sign and publish the attached paper as his Last Will and Testament; that he

subscribed the same as a witness thereto, that the said James Gurley signed

freely and voluntarily and was at the time of signing, of sound and disposing

mind and memory.  William B. Shipp - February 28, 1893 - JW Meeks, Ordinary

 

 

 

Page 81

Ordered the above will admitted to record and satisfactorily proven in common

form.  Ordered that letters testamentary be issued to BT Gurley, the Executor

named in said will upon his taking and subscribing the oath required by law.

March 6, 1893 - JW Meeks, Ordinary

 

 

 

Oath of BT Gurley - March 6, 1893

Page 82

EB Garrett qualified as NP and ex officio JP of the1241st District GM - May 1,

1893

John M. Bryant qualified as NP and Ex officio JP of the 1147th District GM -

April 25, 1898

E Boling qualified as NP and ex officio JP of the 865th Dist. GM - May 1, 1893

Jefferson Saxon qualified as NP and ex officio JP of the 996th Dist. GM - May 4,

1893

William Davenport qualified as NP and ex officio JP of the 1155th Dist. GM - May

25, 1893

Joab F. Crawford qualified as Member of the Board of County Commissioners -

November 6, 1893

CN Crumley qualified as member School Board, time expires in May 1894.  February

6, 1894

John Sprous? qualified as NP of the 1449th Dist. GM - May 5, 1894

JM Watts qualified as NP of the 1018th Dist GM - May 12, 1894

William Davis qualified as NP of the 994th Dist. GM - March 2, 1894

JV Lance qualified as Member School Board June 12, 1894

TN Henson qualified as Member School Board June 12, 1894

ML Ledford qualified Member School Board June 12, 1894

(note at bottom of this page reads “See Page 90”)  Written from top to bottom in

the left margin of this page is “NC Franklin qualified as JP of 1018 Dist GM -

February 13, 1896.

 

 

 

 

Page 83 - April Term 1893

Guardianship granted to Thomas K. Jackson for minor heirs of EK Collins, and

bond set at $160. - JW Meeks, Ordinary

 

 

 

 

April Term 1893

Matter of WHW Gurley and John Cochran’s application for Letters Administration

on the estate of Henry Cochran, deceased, continued until May term.

 

 

 

Ordered that AB Rogers be appointed Clerk of the Court of Ordinary.  April 3,

1893 - JW Meeks, Ordinary

 

 

 

Page 84

Petition of Avarilla Teague, widow of William M. Teague, deceased, who departed

this life on the ___ of _____ 1893 leaving surviving him your petitioner and

____ minor children, aged respectively ________________ and _____ years and

requests Years Support and that five discreet persons be appointed for the

purpose of setting apart and assigning same.  This April 13, 1893 - Avarilla

Teague

Ordered that DA Byers, JB Poindexter, Wesley Conley, James Nicholson and Alfred

Bruce be appointed commissioners to lay off and assign Twelve Months Support for

Avarilla Teague, widow of William M. Teague, deceased.  April 12, 1893 - JW

Meeks, Ordinary

Page 85

Report of above appraisers.

 

 

 

 

Page 86

May Term 1893

Petition of TJ Butt, Guardian of the minor heirs of JG Butt, deceased, shows

that he has in his possession a lot of corn rye and some tops and fodder

belonging to said minors arising from rents collected, and requests

authorization to sell.  May 1, 1893 - TJ Butt, Guardian

Leave to sell granted - May 1, 1893 - JW Meeks, Ordinary

 

 

 

 

Page 87

 Now comes a majority of the heirs at law of HP Cochran and caveat the granting

of Letters of Administration on the estate of said HP Cochran, deceased, to WHW

Gurley and John M. Cochran for the following reason to wit:

 Because the said WHW Gurley is a stranger to said estate, both by blood and

marriage and it was the request of the HP Cochran that he should have no control

over his effects in any (way?) after he was dead and because he is otherwise

incompetent.

 Because John M. Cochran is wholly incompetent to manage and conduct the affairs

of said estate, he being unable to read and write and being otherwise

incompetent.

 Your caveators suggest and recommend the court as a fit and suitable person to

be appointed, we want George W. Cochran and pray his appointment.  He being able

to give necessary bond &c and your petitioners will ever pray

S/ JB Cochran, RJ Garrett, VA Cochran, Martha Vanzant, Lou Cochran, Nancy

Cochran and Fannie McCollum.

Upon considering the within application and being no objection, it is ordered

and adjudged by the court that George W. Cochran be and is appointed

Administrator of the estate of Henry P. Cochran, upon his giving bond in the sum

of $3000 and taking the oath prescribed by law.  May 1, 1893 - JW Meeks, Ordy.

Page 88

Petition of Sarah T. Gurley, widow of James Gurley, Sr., deceased, who departed

this life on the 9th day of August 1892, leaving surviving him petitioner and

three minor children; Fannie, Mattie, and Lilly; that Benjamin T. Gurley is the

duly constituted Executor of the estate and she requests a Year’s Support set

aside from the estate. May 1, 1893 - ML Ledford Petitioner’s Atty.

Ordered that WB Shipp, YJ Thomason, John Thomason, JS Carden and WA Seabolt be

appointed appraisers on the estate of the above.  May 1, 1893

Page 89

Report of above commissioners.

 

 

 

 

Court of Ordinary - May Term 1893 - In the matter of WHW Gurley, application for

Administration.  Upon considering the within application, it is ordered that the

same be dismissed and that WHW Gurley pay into court the sum of $3.80 costs.This

May 1st, 1893 - JW Meeks, Ordy.

 

 

 

Page 90

Ordinary’s Office of said County - In vacation - Ordered that LW Gilreath,

Marcus McClure, William Davis, Boyd Gurley, Mat Gouch, freeholders of said

county be and are hereby appointed appraisers of the estate of Henry P. Cochran,

deceased and that the usual warrant issue.  May 26, 1893 - JW Meeks, Ordinary

 

 

 

GB McBee qualified as JP of the 1050th Dist. GM - July 6, 1894

TN Miller, JC Erwin and TD Rogers qualified as Jury Commissioners of Union

County - August 6, 1894

MJ Ingram qualified as NP of the 995 Dist. GM - April 20, 1892

EL Sullivan qualified as Member of Boones? County Commrs. - November 17, 1894

James Souther qualified as JP 966th Dist GM - January 18, 1895

McG. Caldwell qualified as JP of the 1147th Dist GM - March 7, 1895

AB Butt qualified as JP of the 865th Dist GM - March 2, 1896

(Note at the bottom of this page says “See Page 116”)

 

 

 

 

Page 91

Petition of James Jones, Mrs. Charles Hughes and Mrs. Coffee, heirs at law of

Wilson Jones, deceased, shows the following facts to wit:  Heretofore at the

February Term 1891 of said court of Ordinary, IW Queen as Executor of the LW&T

of said Wilson Jones, deceased, offered said will for probate in solemn form and

obtaining an order declaring the same so probated.  Your petitioners aver that

said will was improperly and illegally probated and said order inadvertently

granted.  That the heirs at law of deceased as aforesaid were not notified as

the law requires, and that owing to the fact of such failure of the part of said

Executor to give them proper and legal notice, they were prevented from

appearing at said court and offering their objections to the probate of said

will.  Your petitioners aver that said will was improperly obtained from said

deceased and that he was at the time of the making and signing of said will of

unsound mind and memory and that said will is void.  Wherefore petitioners pray

that said order declaring said will probated in solemn form be vacated and set

aside and that to that end a rule nise do issue requiring the said IW Queen,

Executor, as aforesaid, to show cause at the next term of Ordinary Court to be

held on the 1st Monday in June next 1893 why said order should not be vacated

and set aside, and said heirs have an opportunity to file their objections, if

any they should desire to make, and your petitioners will ever pray &c - CJ

Wellborn, Jr.,  Petitioners’ Atty.

To IW Queen, Executor of the Estate of Wilson Jones, deceased:  You are hereby

commanded to be and at the next term of the court of Ordinary to be held in and

for the said county on the 1st Monday in June next 1893, then and there to show

cause why the order as prayed for in the foregoing petition asking that order

declaring said will probated be vacated and set aside and requiring you to offer

the will of Wilson Jones, deceased, for probate again should not be granted. 

May 16, 1893 - JW Meeks, Ordinary

 

 

 

 

Page 92

Petition of Benj. Teague shows that he is next of kin and choice of the minor

heirs of William M. Teague, deceased; Laura, Highly and John Teague, who have

about $200 belonging to them from the estate of William M. Teague, decd, and

that it is necessary that a Guardian be appointed to receive said sum of money

to be distributed among said heirs, and petitioner desires to be appointed

guardian of said heirs.  June 6, 1893 - Benj. Teague, Petitioner

Ordered citation issue in terms of the law and be published in the Blairsville

Herald. - June 6, 1893 - JWM, Ord.

 

 

 

 

In the case of James Jones et al vs. IW Queen, executor - continued by consent

of both parties - JWM, Ord.

Page 93

Petition of Lavinia Bowls, an heir and legatee of the estate of Bently Harrison,

decd.  States Bently died in the year 1889, possessed of a large amount of

property and that one John W. Hughes was appointed administrator in the year

1890, and he has failed and refused to dispose of estate, or pay over to the

heirs any part or parcel of said estate.  Asks the court for a rule requiring

Hughes to show cause at the July term of court, 1893, why he should not be

compelled to pay to the heirs their share of the estate. - Lavina Bowles, by JH

Butt, her atty.

Ordered that John W. Hughes appear at the next term of court to show cause why

he has not made settlement, and he to be served personally. - June 7, 1893 - JW

Meeks, Ordinary

 

 

 

 

Page 94

In the matter of JV Lance vs Avarilla Teague for 12 months support, continued

until next term of court.

 

 

 

Petition of MJ Ingram shows that James Gurley, Sr., died leaving a will in which

BL Gurley of NC was nominated as Executor, that he qualified said will in common

form, that on this the 3rd day of July 1893, by order of the judge of the

Superior Court of said county he has been removed and your petitioner appointed

temporary receiver of said estate, that said estate except as set forth above is

without a legal representative.  Requests citation issue to show cause why he or

some other suitable person should not be appointed administrator.

MJ Ingram, Petitioner

Citation issued - JW Meeks, Ordinary - Recorded July 3, 1893

 

 

 

 

Page 95

In the matter of James Jones, et al vs IW Queen, Executor &c.  Upon hearing the

evidence and argument of counsel in this case, it is ordered by the court that

the application be and the same is denied. - JW Meeks, Ordy.

In the matter of Sarah T. Gurley, 12 months support - Order issued - JWM, Ord.

In the matter of James Jones et al vs IW Queen, Executor &c, The case being

dismissed and the parties coming up and paying the costs within 4 days as the

law requires, it is ordered that the papers in the case be transferred to the

Superior Court.  This July 6, 1893 - JW Meeks, Ordinary

 

 

 

 

Page 96

July Term 1893

 Petition of CJ Wellborn, Executor of the LW of RH Erwin, decd., shows that he

has in the discharge of his duties reached a point where there might well be a

final settlement of the affairs of said estate which petitioner regards as

collectible have been collected and the residue will either have to be divided

in kind or disposed of as insolvent.  Some mineral interests remain unsolved but

as the legatees of said will are all of full age, they will likely be willing to

take title to said interest without having the same disposed of at public sale.

 While much of the estate has been distributed, a considerable sum remains in

the hands of petitioner which he cannot safely distribute without the direction

of the court.  An indebtedness of the husband of Mrs. CM Smith to her father’s

estate, aggregating the sum of $1281 remains unpaid, which the other heirs

insist must be paid out of her share of the estate under the terms of the will

and she refuses to receipt for same indebtedness.  This controversy which has

existed for some years and now exists, is the only obstacle to the distribution

of the remaining funds, and as the parties have so far failed to agree,

petitioner prays that all of said heirs to wit: CM Smith, MAE Smith, HA Erwin,

JC Erwin, WW Erwin and JS Erwin be cited to appear before the Court of Ordinary

on the first Monday in July next, for final settlement and your petitioner will

ever pray &c.

WE Candler, Atty. for Petitioner

Ordered by the court of Ordinary that the same be continued open until July 4,

1893.  This July 3, 1893 - JW Meeks, Ordinary

Page 97

Ordered that CM Smith, MAE Smith, HA Erwin, JC Erwin, WW Erwin and JS Erwin,

legal heirs of the will of RH Erwin, decd., be and appear before me at my office

on the 1st Monday in July next and show cause, if any exist, why a final

settlement should not then and there be made with CJ Wellborn, Executor of the

Will of RH Erwin, as prayed for, and that each of said legatees be served with a

copy of this petition and order at least 15 days before said 1st Monday in July.

 JW Meeks, Ordinary

July Term 1893

In Re - Settlement by Executor of Robt. Erwin before Ordinary

Due and legal service of notice on citation to appear for settlement of above

stated case, acknowledged copy and all further notice waived.  This June 1, 1893

- Mrs. CH Smith.

Same as above - signed by WW Erwin, JC Erwin, HA Erwin, JS Erwin and MAE Smith.

 

 

 

 

In the matter of Benj. Teague application for Guardianship &c, continued until

August term of the court of Ordinary.  July 3, 1893 - JW Meeks, Ordinary

 

 

 

Page 98

 The legatees under the will of RH Erwin, deceased, make the following agreement

re the disposition of the mineral and land interests belonging to the estate of

said decd., remaining in the hands of the Executor, CJ Wellborn, to wit:

Said Executor shall turn over to WW Erwin the title deeds of said estate to said

lands and mineral interest and said WW Erwin as agent and attorney in fact for

said legatees, shall proceed to convert said lands and mining interests into

cash on the best terms and in the best interest and in the shortest time

possible, looking to the best interest of all the parties interested.  We

further agree that said Executor turn over to said WW Erwin all the evidence of

debt and choses in action belonging to said estate which remain in his hands and

that said WW Erwin is hereby empowered to collect the same or such parts thereof

as he may be able and otherwise fully to manage same as may seem best to

himself.  Keeping in view the best interest of all the said legatees, the said

WW Erwin after reserving to himself reasonable compensation for the time and

trouble expended in the execution of this trust, shall divide the net proceeds

of all the property herein intrusted to him equally among the legatees to said

will who are now in life.

 In witness whereof we have hereunto set our hands and affixed our seals,

This 4th day of July 1893.  JC Erwin, HA Erwin, MAE Smith, JS Erwin, CM Smith

I hereby accept the foregoing trust and agree to execute the same to the best of

my ability.  WW Erwin

Attest - JW Meeks, Ordinary

Page 99

July Term 1893

In the settlement of the account of CJ Wellborn, Executor of RH Erwin, decd,

before the Ordinary had in pursuance to legal notice to all the parties at

interest, the following dispute arose to wit: WW Erwin, JS Erwin, JC Erwin, HA

Erwin and Mrs. MAE Smith, legatees, and one side contends that under the will of

RH Erwin, their father, their sister, Mrs. CM Smith is bound to pay the

indebtedness of her deceased husband, SJ Smith, amounting to $1281, before she

receives any further legacy or share of the estate.  Mrs. CM Smith on the other

side, contends that under the will of her father she is not to settle any

indebtedness which her husband owed her father out of her legacy in said estate.

 She claims that the sum undistributed to wit - $1281 should be paid to her as

part of her legacy without rebate setoff distribution by any indebtedness of her

husband.  All the parties at interest hereby agree that the fund of $1281 shall

be turned over by CJ Wellborn, Executor, to EW Butt of said county, taking his

receipt for the same.  Said Butt to hold said funds without interest until the

next term of Superior Court of said county, then and there to pay over or

dispose of said fund according to the order or judgment of said Superior Court. 

Now, furthermore, the parties of interest by their respective attorneys do

hereby agree that the issue or contention over the said sum of $1281 as herein

before set forth shall be carried by appeal from the court of Ordinary to the

Superior Court to be therein determined without a decision or judgment of the

court of Ordinary and that said Ordinary transmit this agreement together with

all other papers pertaining the issue in this case to the said Superior Court. 

It witness whereof, the said parties at interest and their attorneys have set

their hands and seals.  This July 4, 1893.

WW Erwin, JC Erwin, HA Erwin, MAE Smith, MG Boyd, attorney for above parties -

CM Smith, JB Estolt?, atty for Mrs. CM Smith.

Page 100

CJ Wellborn, Executor of RH Erwin, deceased, requests Letters of Dismission. WE

Candler, Atty. for CJ Wellborn

 

 

 

 

In the matter of Lavinia Bowls vs John W. Hughes, Administrator on the estate of

Bently Harrison, deceased, continued by consent of the attorneys on both sides,

until August Term of the Court of Ordinary.  This July 4, 1893, JW Meeks, Ordy.

 

 

 

Page 101

In the matter of MJ Ingram application for Letters of Administration on the

estate of James Gurley, Sr., case continued until next term of court.

 

 

 

August Term 1893

On application of Benj. Teague for letters of guardianship for minor heirs of

William M. Teague, deceased, Laura, Martha, Highly and John Teague and it

appearing that citation was duly published and objections having been filed to

Benj. Teague, it is ordered by the court that James P. Teague be and is hereby

appointed guardian of the person and property of Martha, Laura and Highly Teague

and that letters of guardianship issue to him the said James P. Teague upon his

taking and subscribing the oath and giving bond and security as required by law,

the amount which bond is hereby fixed at $300.  This August 7th, 1893 - JW

Meeks, Ordinary

As to the guardianship on John Teague, one of the minor heirs of William M.

Teague, deceased, continued until next term of the court. - JW Meeks, Ordinary

 

 

 

 

Page 102

August Term 1893

Lavinia Bowles vs JW Hughes, Administrator, estate of Bently Harrison, decd.

Complaint to show cause.  After hearing evidence in the above, it appears to the

court that the defendant has acted in good faith, that his actings and doings

are regular, it is ordered and adjudged by the court that the defendant proceed

as formerly in the administration of the estate. - JW Meeks, Ordinary

 

 

 

JV Lance vs Avarilla Teague - Objection to Year’s Support

Upon hearing and considering the report of the commissioners in this case, all

objections being withdraws, and it appearing that proper citation has been

issued and published in terms of the law.  It is ordered and adjudged by the

ocurt that the report of the commissioners be made the judgment of this court

and go to record as such, subject however to a mortgage note this day executed

by Mrs. Avarilla Teague and the guardian of the minor heirs of Wm. Teague,

decd., purchase money for the land set apart in the report, and upon which

William Teague has given and executed a mortgage in his lifetime for the sum of

$86.70, said mortgage and note given now in renewal of the one executed by Wm.

Teague, deceased, being approved by me, this August 7, 1893.  JW Meeks, Ord.

 

 

 

Page 103

Petition of FM Duckworth, administrator of Hozy C. Davis shows that as such

administrator, he has fully administered said estate as will fully appear by

reference to his final statement.  Wherefore he prays that citation do issue and

that he be discharged. - WE Candler, Petitioner’s Atty.

Let citation issue as prayed for - July 27, 1893 - JW Meeks, Ordinary

 

 

 

 

Page 104

Petition of John A. McClure requesting Letters of Dismission on the estate of

James McClure, deceased.

Petition filed and citation issue as requested - JW Meeks, Ordinary

 

 

 

 

Page 105

 Petition of Lavinia Bowles, a citizen of North Carolina, by her attorney, JA

Butt, shows the following facts - Bently Harrison, late a citizen of said

county, departed this life in the year 1890 at the time of his death was

possessed in his own right of a large amount of property consisting of real

estate and personal property amounting to several hundred dollars.  Petitioner

further shows that one John W. Hughes of said county was appointed Admr. of the

estate in the year 1890 and that he has had ample time to wind up and finish the

business of the estate and to pay over to the heirs their pro rata part of said

estate, but actually by mercenary motives, he the said Hughes has failed and

still fails and refuses to discharge the duties incumbent on him; and your

petitioner further charges the said Hughes with willful fraud and mismanagement

by allowing the effects of the estate to go to waste and appropriating the

effects of the estate to the extinguishment of his own individual debts use and

benefits contrary to law and greatly to the damage of the heirs at law of the

said estate.

 Now that justice may be done in the premises, petitioner asks your honor to

issue a rule requiring the said John Hughes to show cause at the September term

of court 1893, why he should not be removed from his said trust as such

administrator and pay over to the heirs of said estate the amount what is

legally due them and perform such other duties as the law requires in such cases

for the reasons set forth in this petition. - Lavinia Bowles, by her Atty. JA

Butt

Page 106

In vacation

Upon reading and considering the foregoing petition, it is ordered that John W.

Hughes, Admr. of the estate of Bently Harrison, deceased, appear at the next

term of Ordinary court to be held on the 1st Monday in September next 1893 and

show cause why he should not make settlement wit the heirs at law of Bently

Harrison, decd. - August 21, 1893 - JW Meeks, Ordinary

 

 

 

 

Page 107

September Term 1893

Upon hearing application for administration on the estate of James Gurley,

deceased, it is ordered considered and adjudged by the court that William Davis

be and he is hereby appointed Administrator with the will annexed.  Upon his

giving a bond in the sum of $2000 and taking the oath as required by law. 

September 4, 1893 - JWM, Ord.

 

 

 

In the matter of the Guardianship of John Teague, one of the minor heirs of

William Teague, deceased, continued until next term of the Court of Ordinary -

JWM, Ord.

 

 

 

Page 108

October Term 1893

Personally appeared before me, the undersigned, DB Walker, who, upon oath, says

that Elmira Walker of said county is insane and has no guardian and that the

public safety demands that said Elmira Walker should no longer be left at large.

 Affiant makes this affidavit that a warrant may issue in terms of the statute

in such cases, made and provided - October 2, 1893 - DB Walker

Whereupon it is ordered by the court that a warrant and commission to jury do

issue and be executed - October 2, 1893 - JW Meeks, Ordinary

Return of Jury:

To JW Meeks, Ordinary:  The undersigned commissioners appointed to inquire into

the mental condition of Elmira Walker, report that in pursuant to instructions

contained in commissioners for that purpose, on the 2nd day of October, 1893. 

We have examined and investigated by evidence on oath as to the mental condition

of said Elmira Walker.  Now after said investigation, the undersigned are

satisfied that said Elmira Walker is insane and so report to your honor, this

the 2nd day of October 1893.  AD McCravy, MD, James K. Duncan, James G. Fields,

JW Jones, AF Christopher, SJ McGee John C. Carroll, JE Christopher, RH Erwin, TD

Rogers, John Haralson and TG Kelly

Upon the hearing of the facts in this case, it is adjudged by the court that

Elmira Walker of said county is a pauper lunatic and that she be committed to

the Lunatic Asylum at Milledgeville, Ga., and that commitment do issue. 

Granted, this 2nd October, 1893 - JW Meeks, Ordinary

 

 

 

 

Page 110

In vacation

Ordered that WB Shipp, John Thomason, William Gilreath, Nathan Cochran and James

Cavender, freeholders are appointed appraisers of the estate of James Gurley,

Sr., deceased and that the usual warrant issue.  October 4, 1893 - JW Meeks,

Ordinary

 

 

 

Personally appeared before me the undersigned Mary L. Walker who upon oath says

that John W. Walker is insane and that public safety demands that said John W.

Walker should no longer be left at large.  Affiant makes this affidavit, that a

warrant may issue in terms of the law and statute in such case made and

provided.  Mary L. (herXmark) Walker

Whereupon it is ordered by the court that a warrant and commission to jury do

issue and be executed.  This October 5, 1893 - JW Meeks, Ordinary

Page 111

 The undersigned commissioners appointed to inquire into the mental condition of

John W. Walker, report that in pursuance of instructions contained in the

commission to them directed for that purpose, on the 5th day of October, 1893,

they examined by inspection said John W. Walker and heard and examined witnesses

o oath as to his mental condition.

 After said inspection and examination of witnesses, the undersigned are

satisfied that the said John W. Walker is insane and so report to your honor.

This October 5, 1893 - Signers:  FJ Erwin, MD, AL England, John Haralson, AF

Wellborn, SV Bennett, WM Killian, AB Rogers, Peter Bennett, JG Fields, ED

Rogers, NY Reid and Newt Watkins

Upon the hearing of the facts in this case, it is adjudged that John W. Walker

of said county is a pauper lunatic and that he be committed to the Lunatic

Asylum at Milledgeville, Ga., and it appearing that said John W. Walker should

not be left at large, it is further ordered that he be confined in the common

jail of said county until he can be removed to said asylum.  This October 5,

1893 - JW Meeks, Ord.

 

 

 

 

Page 112

Application of CJ Wellborn for Letters of Dismission on the estate of RH Erwin,

deceased, and same issued- October 6, 1893

 

 

 

In the matter of Lavina Bowles vs John W Hughes, administrator of the estate of

Bently Harrison, deceased, continued until November term of the court of

Ordinary. - October 6, 1893 - JW Meeks, Ordinary

 

 

 

Page 113

James P. Teague appointed Guardian of the property of John Teague, minor heir of

William Teague, deceased, after giving bond of $100.  October 2, 1893, JWM

 

 

 

Page 114

Application for Letters of Dismission on the estate of Sarah Lewis, deceased, by

Larkin Lewis, executor.  WE Candler, Atty for Larkin Lewis

Citation issued - JW Meeks, Ordinary

 

 

 

 

Page 115

In vacation - October 19, 1893

It appearing that there is now a vacancy in the office of the Clerk of the

Superior Court of Union County, caused by the lunacy of John W. Walker, it is

ordered by the court that an election be held in said county on the 15th day of

November 1893 for the election of same, to fill the unexpired term of office of

John W. Walker and that it be published in the Blairsville Herald and posted at

three or more public places in the county, twenty days before the 15th day of

November.

Granted.  John W. Meeks, Ordinary

Page 116

RM Deaver qualified as NP ex JP 843rd Dist GM - April 29, 1896

MJ Ingram qualified as NP ex JP 995th Dist GM - May 2, 1894

WR Duncan qualified as NP ex JP 1162nd Dist GM - May 5, 1896

Thomas Henderson qualified as NP Ex JP 1024th Dist GM - May 5, 1896

Thomas Christopher qualified as Member of Board of Education June 6, 1896

Term expires May 1898

David A Byers qualified as Member of Board of Education June 30, 1896

Term expires May 1900

WY Curtis qualified as Member of Board of Education June 30, 1896

Term expires May 1900

HL Henson qualified as NP 834th Dist GM - December 21, 1896

FE Conley qualified as NP of the 843rd Dist GM - January 5, 1897

McG. Caldwell qualified as JP of the 1147th Dist GM - January 18, 1896

MG Hill qualified as JP of the 1024th Dist. GM - January 18, 1897

Wyly T. Sullivan qualified as NP of the 1050th Dist Gm - December 28, 1896

Owen May? qualified as NP of the 1409th Dist GM - January 21, 1897

(Note at bottom of this page says “See Page 237”)

 

 

 

 

Page 117

blank

 

 

 

Page 118

In vacation - October 25, 1893

Petition of Charlie E. Rich shows that Lula Reece and Ora Reece are minors over

14 years, that they have an estate in land to the amount of 80 acres, the value

of $200 coming to them from the estate of their mother Eliza H. Chastain, late

of said county, deceased, and that the said Lula Reece and Ora Reece have chosen

your petitioner to act as the guardian of their persons and their property. 

Requests order appointing him Guardian. - Charlie E. Rich, petitioner

To JW Meeks, Ordinary of said county:

We, Lula Reece and Ora Reece, in the exercise of our legal right being over

fourteen years of age hereby select Charlie E. Rich to be appointed the guardian

of our persons and property and respectfully ask that he be appointed.  This

25th day of October 1893 S/Lula Reece, Ora Reece

Page 119

Appointed Charlie E. Rich guardian of above - October 25, 1893 - JW Meeks,

Ordinary

 

 

 

 

Page 121

Petition of TJ Butt, guardian of property of Walter R., Albert E. and Edgar G.

Butt, minor heirs of John G. Butt, deceased.  States that the minors are

permanent citizens of the state of Colorado and desire to remain there. 

Requests Leave to Sell property for distribution to the heirs. - TJ Butt,

Guardian, Petitioner

Ordered that citation issue requiring all persons to show cause at the December

term 1893 of this court why an order should not be granted.  JW Meets, Ordinary

 

 

 

 

Page 122

Petition of John W. Hughes, admr. of estate of Bently Harrison, decd. requests

Leave to Sell lands of estate for distribution.

Ordered citation issued and published - JWM, Ord.

 

 

 

 

Page 123

Petition of GW Cochran, admr. of estate of HP Cochran, decd., requests Leave to

sell personal property of the estate.  November 21, 1893

Ordered citation issued and published - JWM, Ord.

 

 

 

 

Page 124

Petition of Mary A. Ballew, one of the next of kin of John C. Ballew, deceased,

shows that he departed this life on or about the 13th day of August, 1891,

intestate, leaving real property in the county in the probable value of $100,

and that the estate should be administered for the purpose of collecting and

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

distribution to the heirs.  Requests citation to issue and be published, and

that she be appointed permanent administratrix of the estate.  December 4, 1893.

 

Mary A. Ballew, Petitioner

Ordered citation issued and be published as required by law.  December 4, 1893 -

JW Meeks, Ordinary

 

 

 

 

Page 125

Petition of JP Teague, the paternal uncle of George M Teague and Desser Teague,

minor heirs of William Teague, deceased, represents the following facts to the

court, to wit:  The said minors had set apart to them in conjunction with other

heirs a twelve-months support out of their father’s estate, in common with their

mother, and since the setting apart of the said twelve-months support, their

mother has married and the interest that the above named heirs has in said

support is likely to be squandered and wasted.  Your petitioner therefore asks

the court to require a bond from Avarilla Little, the mother of said minor

children for the faithful performance of her duty as natural Guardian of said

minor children.  JP Teague, Petitioner

Ordered that the said Avarilla Little, natural guardian for George M. and Desser

Teague, be and appear at the next term of the court of Ordinary for said county

to be held on the 1st Monday in January next, then and there to show cause why

she should not make bond as prayed for.  And it is further ordered that a copy

of this petition and order be served personally upon the said Avarilla Little at

least ten days before the next term of said court.  December 4, 1893 - JW Meeks,

Ordinary

 

 

 

 

Page 126

December Term 1893

Notice of application for leave to sell the lands belonging to the heirs of John

G. Butt, deceased. - December 4, 1893 - JW Meeks, Ordinary

 

 

 

Lavina Bowles vs John W. Hughes, Admr. - Rule Nisi

Now come JA Butt, Atty. for Lavina Bowles and agrees that the above stated case

be dismissed by the defendant John W. Hughes, admr., giving additional security

and paying the cost of this proceeding, and be dismissed from said

administration. - JW Meeks, Ordinary

 

 

 

Page 127

To all whom these the presents shall come be seen - Greeting

 Know ye, that on the 15th day of November 1884, that John A. McClure of the

county of Union was duly qualified as Administrator of the estate and effects of

James McClure, deceased, stated on the 10th day in August that he had fully

administered estate, and prayed that he be discharged from said administration,

and it appearing that that notice has been published, as by law required adn

that no objection was made thereto,

 It is ordered that the said John McClure be discharged from all claims

whatsoever relative to his administration on the estate and effects of said

James McClure, deceased.

 Witness my hand as ordinary, and the seal of the said court, this 4th day of

December 1893 - JW Meeks, Ordinary

 

 

 

Page 128

JG Rogers filed his application for homestead and exemption November 7, 1893. 

Notice published and notices mailed to creditors November 20, 1893.  Approved

and handed to clerk of Superior Court.  December 4, 1893 - JW Meeks, Ord.

 

 

 

In the matter of the petition of FM Duckworth for letters of dismission on the

estate of Hozy C. Davis, continued until January Term of court.  December 4,

1893 - JWM, Ord.

 

 

 

Leave to sell real estate of Bentley Harrison granted to administrator, John W.

Hughes. December 4, 1893 - JW Meeks, Ordinary

(Next page is 129 and begins the January Term of Court, 1894)

 


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