Union Co., GA - Ordinary Court Minutes

	Appalachian American Genealogy
Transcribed on October 23, 2000 by Linda Smith Murray , from microfilm Roll #RHS 3957 purchased from the Georgia Archives. *Note: Most pages are not transcribed verbatim, but do contain all pertinent information. This web page is for 1891 only.*	Union County, Georgia - Court of Ordinary Ordinary Court Minutes - 1891-1903 [pages 3 - 36; 1891]
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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