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1894 Court of Ordinary Minutes - Union Co., GARoll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 129 thru 177   -- 1894]

Transcribed by Linda Smith Murray on October 24, 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  1894 only.

 

 

 

 

 

 

Page 129

Union Court of Ordinary - January Term 1894

Court met according to adjournment, presiding JW Meeks, Ordinary - 1-1-94

AB Rogers, CC Ordinary

Matter of FM Duckworth for Letters Dismission on the estate of Hozy C. Davis,

continued until February Term of Court.

 

 

 

Matter of JP Teague requiring bond of Avarilla Little for Twelve Months Support

continued until February Term of Court.

In vacation - February 3, 1894 - In the case of JP Teague vs Avarilla Little -

settled by Avarilla Little giving bond &c as prayed for in petition.

 

 

 

 

Page 130

Union Court of Ordinary - February Term 1894

Application of Larkin Lewis, Executor of Sarah Lewis, decd. for letters of

dismission - Granted February 5, 1894

Request for Letters of Dismission by FM Duckworth on the estate of Hozy C.

Davis.  Granted February 5, 1894

 

 

 

 

Petition of Mrs. Sarah C. Brackett, widow of Noah H. Brackett, decd. shows that

said deceased departed this life on the 27th of January 1894 intestate, and that

he left an estate valued at about $1000.  She requests administration.  CJ

Wellborn, Jr., Atty. for Petitioner

Ordered that citation issue and be published. February 17, 1894 - JWM, Ord.

 

 

 

 

Page 131

Petition of Amanda Rich shows that she is the widow of John M. Rich, decd, who

departed this life intestate in January 1889, and she requests twelve months

support. - JA Butt, Petitioner’s Attorney

In vacation - March 1, 1894 - Upon application of the above, ordered that Arthur

Ownby, TJ Butt, GA Major, WR Duncan, and Jeff Morgan be appointed commissioners

to lay off a twelve months support for Amanda Rich, widow of John M. Rich,

deceased. - Granted March 1, 1894

Page 133

Appointment of above commissioners - March 1, 1894

Page 134

Petition of William M. Davis, administrator, with will annexed of James Gurley,

Sr., deceased, shows that there are about forty bushels of grain, consisting of

corn and rye, that same is liable to go to waste unless it is sold, and requests

an order allowing same.  Wm. M. Davis, Admr &c

Leave to see granted March 2, 1894 - JW Meeks, Ordy.

 

 

 

 

Page 135

Court of Ordinary - in vacation - February 22, 1894

Whereas information has reached me that it is possible that Elbert Crawford is

now confined at the house of Joab Crawford’s in said county with small pox and

desiring to be correctly informed on the subject, it is ordered by me that

Robert Ensley and Jonathan C. Walker be and they are appointed and are hereby

requested to act as a committee to visit and carefully examine said Elbert

Crawford and report the result of their examination to me in person at once,

that said disease may be arrested if possible, if found to be contagious. 

Granted.  JW Meeks, Ordinary

 

 

 

Page 136

Court of Ordinary March Term 1894

Sarah J. Hood files her application for homestead exemption December 15, 1893. 

Notice published as required, December 1893.  Application approved and handed to

the Clerk of Superior Court March 5, 1894.  JW Meeks, Ordy.

 

 

 

Mary C. Ballew appointed administratrix on the estate of John C. Ballew,

deceased.  Bond amount $200 - JWM, Ord.

 

 

 

Page 137

Petition of Mary H. Odom shows that she is the widow of John J. Odom, deceased

who died intestate in 1894, leaving widow and minor children; requests order for

twelve months support. - March 5, 1894 - Mary H. Odom, Petitioner

Ordered that MJ Smith, GW Curtis, JS Watts, TM Cunningham and TM Henson be

appointed commissioners to lay off and assign twelve months support for the

above Mary H. Odom, widow of John J. Odom, and her minor children.  Granted

March 5, 1894 - JWM, Ord.

Page 138

Instructions to the above appraisers on Odom estate.

 

 

 

 

Page 139

Mary A. Ballew, Adm. requests leave to sell real estate of John C. Ballew,

deceased.  Ordered citation issue and be published - March 5, 1894

Ordered that RF Dyer, FJ Collins, TS Collins, WD Shulor, and EC Hood,

freeholders, be appointed appraisers of the estate of John C. Ballew, deceased

and that usual warrant issue. - March 5, 1894 - JWM, Ord.

Page 140

Instructions to the above appraisers on Ballew estate.

 

 

 

 

 To any Sheriff, Deputy Sheriff, Coroner, Constable or Marshall of said state. 

Greetings:  LW Walker, having this day made oath before me that Jonathan Walker

of said county is insane and that public safety demands that the said Jonathan

Walker should no longer be left at large.

 These are therefore to command you to arrest the said Jonathan Walker and bring

him before me at the courthouse in Blairsville at 10 o’clock am on the 6th day

of March 1894 to be dealt with according to law. - JW Meeks, Ordinary

In vacation - March 6, 1894

The undersigned commissioners appointed to inquire into the mental condition of

Jonathan (Walker) report that in pursuance of instructions contained in the

commission to them directed for that purpose, on the 5th day of March, they

examined by inspection said Jonathan Walker and heard and examined witnesses and

the undersigned are satisfied that said J. Walker is a lunatic and so reports to

your honor.  This 6th day of March 1894 - JB Chastain, MD, FJ Erwin, AJ Ledford,

IN Miller, JG Fields, SY Jarrett, AL England, AB Rogers, John Haralson, WE

Candler, NY Reid and TD Rogers

Upon hearing the facts in this case, it is adjudged that J. 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 Walker should no longer be left

at large.  This March 6, 1894 - JW Meeks, Ordinary

 

 

 

 

Page 142

Union Court of Ordinary - April Term 1894

Application of Sarah C. Brackett for Letters Administration on estate of Noah H.

Brackett granted, bond of $3000. - April 2, 1894

 

 

 

 

Petition of Louisa J. Payne shows that she is the widow of John Payne, deceased,

that he died intestate March 1888, and that there has been no administration on

his estate.  Requests twelve months support for herself and minor children. -

April 2, 1894

Page 143

Ordered by the court that JM Watts, WB Guther, JW Parks, EL Sullivan and JB

Madaris by appointed commissioners to lay off and assign a twelve months support

for Louisa J. Payne and her minor children from the estate of John Payne,

deceased.  Granted April 2, 1894 - JW Meeks, Ordinary

 

 

 

 

Page 144

Ordered that DA Sullivan, William M. Duncan, John Kelly, John C. Carroll and

John B. Sullivan, freeholders, appointed appraisers of the estate of Noah H.

Brackett, deceased. - April 2, 1894

 

 

 

Petition of Amanda Rich on estate of John M. Rich, deceased, for years support

granted. - April 2, 1894

 

 

 

Page 145

In vacation - April 5, 1894

Personally appeared LD Wright, who upon oath says that Laura E O’Kelly is insane

and has no guardian, and that the public safety and welfare of the relations

demands that the said Laura E O’Kelly should no longer be left at large. 

Affiant makes this affidavit that a warrant may issue in term of the law and

statute in such cases made and provides.  April 5, 1894.  LD Wright

Order issued for the above’s arrest. - JW Meeks, Ordinary

Page 146

Return of the jury on the warrant against Laura E. O’Kelly for lunacy

 The undersigned commissioners appointed to inquire into the mental condition of

Laura E. O’Kelly, report that in pursuance of instructions contained in the

commission to them directed for that purpose on the 6th day of April 1894, they

examined by inspection said Laura E. O’Kelly and heard and examined witnesses on

oath as to her mental condition and capacity.

 After said inspection and examination of witness, the undersigned are satisfied

that the said Laura E. O’Kelly is insane and incapable of managing her affairs

and so report to your honor, this 6th day of April, 1894

 Signed - AD McCravy, MD, Foreman; Thomas C. Hughes, EB Weaver, William M.

Killian, IN Miller, George Harkins, LD Wright, AB Rogers, WL Weaver, AF Wellborn

and GS Rogers, Commissioners.

Adjudged that Laura E. O’Kelly is a pauper lunatic and that she be committed to

the Lunatic Asylum at Milledgeville, Ga., and it appearing that said Laura

O’Kelly should no longer be left at large.  This April 6, 1894 - JW Meeks,

Ordinary

 

 

 

 

Page 147

In vacation - April 6, 1894

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

Justice of the Peace for the 1050th District GM of said county, caused by the

death of John J. Odom, it is ordered that an election be held for the purpose of

electing a JP to fill out the unexpired term of office of John J. Odom, and this

order be posted at three or more public places in said district thirty days

before the 10th day of May, 1894 - JW Meeks, Ordinary

 

 

 

Page 148

In vacation - April 26, 1894

Petition of Arty L. Maines shows that she is the widow of Andrew Maines

deceased, who departed this life intestate in January 1875, leaving surviving

him your petitioner and that there is no administration on said estate and that

she desires to have set apart a twelve months support.

Ordered that FE Conley, Joseph D Chastain, AJ Conley, Adam C Hill and NB Hill be

appointed appraisers to lay off a twelve months support for the above.  Granted

April 26, 1894 - JW Meeks, Ordinary

Page 149

Instructions to the above commissioners re estate of Andrew Maines, decd.

 

 

 

 

Page 150

Petition of Thomas M. Henson shows that he is one of the next of kin of Charles 

Henson, decd, and that said Henson departed this life intestate on or about the

8th day of October, 1890, leaving personal property of a value of $100 and that

said estate should be administered.  Requests order directing citation to issue

and be published appointing TM Henson administrator of the estate.  May 1, 1894

- TM Henson, Petitioner

In vacation - May 1, 1894 - Read and considered.  Let citation issue as prayed

for - JW Meeks, Ordinary

 

 

 

 

Page 151

In vacation - May 5, 1894

Petition of TJ Butt, Guardian of the property of the minor heirs of JG Butt,

deceased, requests Leave to Sell 100 bushels of rent corn, a few bushels of rye

and a small lot of flour derived from the rent wheat.

Granted - May 5, 1894 - JW Meeks, Ordinary

 

 

 

 

Page 152

Ordinary’s Office - May 7, 1894

License for Agent - Comptroller General’s Office, Tax Department, Atlanta,

Georgia - January 24, 1894

I certify that WC Willis of Union County, Georgia is, as appears to me by

satisfactory evidence and appointed and commissioned agent of the Singer

Manufacturing Sewing Machine Company.  The said company or dealer having

complied with the law, he is authorized to transact the business of Sewing

Machine Agent in said county, for and during the year 1894.

 Given under my hand and seal - William A Wright, Compt. General

Recorded May 7, 1894 - AB Rogers, Clerk C. Ordinary

 

 

 

 

Page 153

Petition of Juleta Brown, widow of Franklin Brown, who died intestate in April

1894, requests twelve months support .

Upon the application of Juleta Brown, appointed Jeff Saxon, Thomas Scruggs,

Thomas Fleming, Phillip Logan and WW Erwin commissioners to lay off and assign

out of the estate of Franklin Brown’s estate, a twelve months support for the

widow. - Granted May 7, 1894 - JW Meeks, Ordinary

 

 

 

 

Page 154

Petition of Mary A. Ballew, widow of John C. Ballew, deceased, requests twelve

months support.

Upon application of the above, appointed WJ Hood, GW Shular, EC Hood, BS Nix and

WT Hood, commissioners to lay off and assign out of the estate of John C.

Ballew’s estate, a twelve months support for the widow. - Granted May 7, 1894 -

JW Meeks, Ordinary

 

 

 

 

Page 155

Court of Ordinary - June Term 1894

TM Henson, applicant for Letters Administration on the estate of Charles Henson,

deceased - Granted with bond of $200. - June 4, 1894 JWM, Ord.

 

 

 

Page 156

Petition of William Davenport and John C. Cobb, shows that they are next of kin

of John Davenport, deceased, who died intestate on or about the 16th day of May

1894, leaving property, real and personal of a value of $4000, and they request

Letters of Administration.

Let citation issue in terms of the law, as prayed for - This June 4, 1894 - JWM

 

 

 

 

Page 157

Years Support granted to Arty L. Maines, widow of Andrew Maines, deceased. -

June 4, 1894 - JWM, Ord.

 

 

 

Page 158

Petition of Louisa J. Payne, widow of John Payne, decd, having been filed for a

years support for herself and three minor children, order granting same.  June

4, 1894 - JW Meeks, Ordinary

 

 

 

Page 159

Petition of GW Cochran, administrator of Henry P. Cochran, deceased, for Leave

to Sell Lands.  June 4, 1894

Ordered that citation issue and be published as required by law - June 4, 1894 -

JW Meeks, Ordinary

 

 

 

 

Page 160

Petition of William Davis, administrator of James Gurley, Sr., deceased for

Leave to Sell Lands.  June 4, 1894

Ordered that citation issue and be published as required by law - June 4, 1894 -

JW Meeks, Ordinary

 

 

 

 

Page 161

Letters of Administration issued to William Davenport and John C. Cobb on the

estate of John Davenport, deceased. July 2, 1894 - JW Meeks, Ordinary

 

 

 

Ordered that Leave to Sell be granted to William Davis, admr. of estate of James

Gurley, Sr. - July 2, 1894 - JWM, Ord.

 

 

 

Page 162

Leave to Sell ordered issued for GW Cochran, administrator of the estate of

Henry P. Cochran, deceased. - July 2, 1894 - JW Meeks, Ordinary

 

 

 

Petition of Lively N. Davenport shows that she is the widow of John D.

Davenport, deceased, who died on the 16th day of May, 1894, leaving the

petitioner and three minor children, Eliza, Elisha A. and Norah Davenport, ages

respectively eighteen, fourteen and twelve; that William Davenport and John C.

Cobb are the duly constituted administrators of the estate and she desires to

have set apart and assigned to her and her minor children a twelve months

support.  July 2, 1894 - ML Ledford, Petitioner’s Attorney

(Note - Eliza above is named as Arminda in a later petition for Guardianship)

Page 163

Ordered that JB Poindexter, DA Byers, DT Meadows, JC Thompson and DK Cearley be

appointed commissioners to lay off twelve months support for Lively N.

Davenport, widow of John Davenport.  July 2, 1894 - JWM, Ord.

 

 

 

 

Page 164

Years Support granted to Juleta Brown, widow of Franklin Brown, deceased.  July

2, 1894 - JWM, Ord.

 

 

 

 Whereas heretofore JW Walker was duly tried and committed by the commissioners

trying him and the judgment of the court _____ thereunto the Lunatic Asylum, but

it being made to appear that judgment has not been executed and that said Walker

has apparently recovered from his lunacy.

 It is therefore ordered that said judgment be suspended and no further steps

taken to enforce the same and that said Walker be relieved of all disabilities

resulting from said judgment. - JW Meeks, Ordinary

 

 

 

Page 165

August Term 1894

Petition of Mary A. Ballew, widow of John C. Ballew, deceased, awarded Years

Support - August 6, 1894 - JWM, Ord.

 

 

 

Ordered that JB Poindexter, DA Byers, JC Thompson, DT Meadows and DK Cearley be

appointed appraisers of the estate of John Davenport, decd.  August 6, 1894 -

JWM, Ord.

Page 166

Petition of William Davenport and John C. Cobb, administrators of John

Davenport, deceased, for Leave to Sell personal property.

Order that notice of the above be given and posted in three or more public

places for ten days. August 6, 1894 - JWM, Ord.

 

 

 

 

The undersigned petitioners who are citizens of Union County, being minor

children and over the age of 14 years, and having their possession some property

consisting of real estate only and said property being now in the illegal

possession of some other party, respectfully ask your honor to appoint Mr. Henry

B. Gurley and Marion J. Williams as guardians over the property of the

petitioners and your petitioners will ever pray &c.  This August 4, 1894

S/ Mattie Gurley and Lillie Gurley, Petitioners

Page 167

Ordered that MJ Williams and Henry B. Gurley be appointed guardians of the

property of said minors and letters of guardianship issue to them upon taking

and subscribing the oath and giving bond and security as required by law.  The

amount of which bond is hereby fixed at $600.  This August 6, 1894 - JWM, Ord.

 

 

 

 

Petition of SA Queen, one of the next of kin of Moses Queen, deceased, shows

that said deceased departed this life on or about the 16th of June 1894

intestate.  Requests temporary letters of administration.  Mrs. SA Queen,

Petitioner

Page 168

Temporary Letters Administration issued to Sarah A. Queen on estate of Moses

Queen, deceased.  Bond set at $400. - August 6, 1894 - JWM, Ord.

 

 

 

 

Page 169

Personally appeared the undersigned who upon oath says that Thompson Townsen of

Union County is insane and has no guardian and that the public safety demands

that said Thompson Townsen should no longer be left at large.  Affiant makes

this affidavit that a warrant issue in terms of the statute in such case made

and provided.  S/John A. Hunter

Sworn to and subscribed before me this August 6, 1894 - JW Meeks, Ordinary

To any Sheriff, Deputy Sheriff, Coroner, Constable or Marshal of said State:

 Greeting:  John Hunter having this day made oath before me that Thompson

Townsen of said county is insane and has no guardian and that the public safety

demands that the said Thompson Townsen should no longer be left at large.  These

are, therefore, to command you to arrest the said Thompson Townsen and bring him

before the courthouse in Blairsville by 10 o’clock on 8 day of August 1894 to be

dealt with according to law.  This August 6, 1894 - JW Meeks, Ordinary

Page 170

In vacation - August 8, 1894

Return of jury on warrant of lunacy against Thompson Townsen.

 The undersigned commissioners appointed to inquire into the mental condition of

Thompson Townsen report that in pursuance of instructions contained in the

commission to them directed for that purpose on the 8th day of August 1894; they

examined by inspection said Thompson Townsen and heard and examined witnesses on

oath as to his mental condition.

 After said inspection and examination of witnesses, the undersigned are

satisfied that said Thomson Townsen is a lunatic and so report to your honor. 

This August 8, 1894 S/ FJ Erwin, MD, IN Miller, AB Butt, William Killian, CY

Rogers, WB Shipp, JW Dyer, AA Satterfield, TJ Davis, Phillip Logan, TD Rogers,

AB Rogers, Commissioners

In vacation - August 8, 1894

Upon hearing the facts in this case it is adjudged that Thompson Townson of said

county is a pauper lunatic and that he be committed to the Lunatic Asylum at

Milledgeville, Ga., and it appearing that said Thompson Townson 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 August 8, 1894 - JWM,

Ord.

 

 

 

 

Page 171

Court of Ordinary - September Term 1894

In the matter of Lively N. Davenport application for Twelve Months Support of

the estate of John Davenport, deceased. - Granted September 3, 1894 - JWM, Ord.

Petition of William Davenport shows that Nora M. Davenport, aged twelve years,

minor child of John Davenport, deceased is entitled to receive from her father’s

estate $400 and that she should have a guardian to take charge of her person and

property, wherefore petitioner prays that citation may issue and be published in

terms of the law and if no sufficient reason be shown why he should not, that he

be appointed the guardian of said minor. September 3, 1894 - Wm. Davenport,

Petitioner

Ordered that citation issue and be published in terms of the law. JWM, Ord.

Page 172

Petition of William Davenport shows that Arminda Davenport and Elisha A.

Davenport are minors over fourteen years of age; that they have an estate of

$400 each coming from the estate of their father, John Davenport, deceased; and

that the said Arminda Davenport and Elisha A. Davenport have chosen your

petitioner to act as guardian of their person and property as will appear from

the annexed paper, over the signatures of Arminda Davenport and Elisha A.

Davenport .  Petitioner therefore prays an order appointing him guardian of the

person and property of the above. - William Davenport, Petitioner

Statement of the above minors requesting that William Davenport be appointed

their guardian.

Same awarded guardianship of the above, giving bond of $1600.  JWM, Ord.

 

 

 

 

Page 173

Court having no other business before, adjourned until next regular term of the

court of Ordinary.  This September 3, 1894. AB Rogers, Clerk, Court Ordinary

 

 

 

Page 174

October Term 1894

In the matter of William Davenport, application for letters of Guardianship of

minor heir of John Davenport, deceased

Above given letters of guardianship on Nora M. Davenport, giving bond in the

amount of $800.  JW Meeks, Ordinary

 

 

 

 

Page 175

November Term 1894

Petition of TJ Butt, guardian of the property belonging to the minor heirs of JG

Butt, decd., filed August 1891 to EW Butt who was then Ordinary, asking

permission to authorize him guardian to rent the farm and lands belonging to

said minors at private contract.  EW Butt, the then Ordinary disqualified

himself on account of relationship, and same was submitted to CJ Wellborn, Judge

of Superior Court for his acting and doings in the premises and the foregoing

order of the said Judge of the Superior Court is also made the order of this

court and that the said guardian’s petition as adjudged and ordered by him as

Judge of the Superior Court be carried out by said guardian from year to year

until said minors reach their majority.  Granted November Term, 1894 - JW Meeks,

Ordinary

 

 

 

Page 176

 Petition of William Davenport and John C. Cobb, administrators of John

Davenport, deceased, shows that said deceased owned at the time of his death,

Lots and parts of Lots #s 129, 130, 189, 160, 164, 167 and 158, all in the 8th

District and 1st Section of said county, containing in all 694 acres and for the

purpose of paying the debts and making distribution among the heirs of said

deceased, it is necessary to sell the lands 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 petitioners be granted Leave to Sell said lands - November 5,

1894 - S/ Wm. Davenport, John C. Cobb, Administrators.

Ordered citation issue and be published as required by law - JW Meeks, Ordy.

Page 177

Court of Ordinary - December Term 1894

Leave to sell lands of John Davenport granted - December 3, 1894

(Next page is 178 and beings January Term 1895)

 


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