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Appalachian
American Genealogy |
| Transcribed on October 25, 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 1897 only. |
Union County, Georgia - Court of Ordinary
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Page 243
Order passed dismissing RL England as administrator of the estate of
Athen England, deceased.
Order passed dismissing John C. Cobb and William Davenport administrators of the estate of John Davenport, deceased. Adjourned until next regular term of court - John T. Colwell, Ordinary
Page 244 Court of Ordinary - February Term 1897 Report of commissioners to assign a years support to Mrs. Minty L. Nix and her minor children, the widow of John W. Nix, approved and order to record - no objections being made and proper citation having been published. No other business before the court, adjourned until next regular term of
court, February 1, 1897 - John T. Colwell, Ordinary
In vacation - Ordered that SY Jarrett be appointed Clerk of Court of Ordinary for and during this term of office and the said SY Jarrett is required to enter upon the duties as Clerk of the Court and do all and singular the duties as Clerk as required by the laws of this state. - Granted this 19 day of February, 1897 John T. Colwell Oath of SY Jarrett.
Page 245 In vacation Petition of Martha A Mason shows that Charles Mason died on the 13th day of April, 1882, requests twelve months support. Ordered that NY Reid, Brad Brackett, Jack Kelly, GB McBee and George R. Mauny appointed commissioners to set apart from the estate of Charles Mason, twelve months support for the widow, Martha A. Mason. - February 16, 1897 - JT Colwell, Ordinary Page 246
Petition of James Stephens at the February Term of this court shows that on the 11th day of January, 1897, Cannon Stephens died owning real and personal property in this state, and leaving a paper purported to be his LW&T. Petitioner shows that the following persons are next of kin of said Cannon Stephens, to wit: Jane Stephens, Nancy Stephens, General Stephens, Wilson Stephens, Martha Rogers, Mary Mauney, Martha Russ, Lou Stroud, Alfred Swanson, James Swanson, Judge Swanson, minor Sam Stephens, Mrs. Truelove and ____ Stephens, all of whom reside in said state except Wilson Stephens, Alfred Swanson, Sam Stephens, and _____ Stephens. Your petitioner shows further that Judge Swanson is a minor. Petitioner prays leave to probate will in solemn form and therefore requests citation to issue according to law to said next of kin, and that a guardian ad litem be appointed to represent said minor when made a party to this proceeding by proper service. James Stephens, Petitioner Court of Ordinary - February Term 1897
BW Swanson appointed guardian ad litem of Judge Swanson - February 1, 1897 Page 249
Page 250
Listing of dates of service on the Cannon Stephens heirs.
Page 251 In vacation Petition of Henry McBee, HT Cobb, et al, of Ivy Log District asking for an election on the fence law - Petition February 16, 1897 - Citation ordered published in terms of law, election to be held April 3, 1897 on the fence and stock law - March 8, 1897 - JTC, Ord. Page 252
Page 253 April Term 1897 Application of Martha Stephens, widow of Joseph Stephens, deceased, for years support from estate of same - Commissioners appointed, WW Erwin, Newt Davis, Oscar Daniel, JT Hulander and Alonzo Hulander to set aside years support. - April 5, 1897 Page 254 Years Support for the widow of Charles Mason awarded. Page 255 May Term 1897 Petition of Mary Collins, widow of AB Collins shows that he died on the 4th day of April 1897, intestate, leaving an estate of the probable value of $3000, requests that a temporary receiver be appointed to sell the goods, collect the debts &c of said deceased, and requests that she be appointed temporary administrator. ML Ledford, Petitioner’s Attorney Letters Administration issued Mary Collins on the estate of AB
Collins, deceased, and bond of $3000 given. May 2, 1897
Page 256 May Adjourned Term 1897 Report of appraisers appointed to set apart to the widow Martha Stephens of Joseph Stephens, decd., twelve months support - May 5, 1897 Page 257 Same as above - Mary L Collins, widow of AB Collins, requests Permanent Letters of Administration - May 5, 1897 Citation issue and be published in terms of law - John T. Calwell, Ordinary
Petition of JB Cochran, heir at law of Henry P. Cochran, deceased, requesting the court to cite George W. Cochran, admr. of said estate, to appear before this court the 1st Monday in June 1897 and to submit to a settlement in accordance with the records and as administrator of the estate of the above. Filed in office May 5, 1897 Page 258
Adjourned until 1st Monday in June next - May 5, 1897 - SY Jarrett, CCO
Page 259 June Term 1897 JB Cochran, Ptf vs George W. Cochran, adm. of estate of Henry P. Cochran, decd. - Citation for settlement. The main contention in this case being the question as to whether JB Cochran should be charged by the Administrator with the value of a mule at the sum of one hundred dollars. It is ordered by the court that said mule was a gift by HP Cochran, deceased, to JB Cochran, and that he should no be charged by said administrator with the value of the same and that JB Cochran do recover of GW Cochran, administrator, the sum of ____ and ____cents as costs of suit. - June 7, 1897 - John T. Calwell, Ordinary Page 260 Application of Mary Collins, widow of Benjamin Collins, decd., for Permanent Letters of Administration - Granted with bond of $3000. JTC, Ord. Page 261 In vacation - June 9, 1897 Application of Mary L. Collins, widow, for a Years Support for herself and 7 minor children from the estate of AB Collins, deceased. Ordered that JE Martin, JD Sexton, JA Allison, Jack Shular, Joab Curtis be appointed appraisers to set apart same. - June 9, 1897 - JTC, Ordinary Page 262 Court of Ordinary - July Term 1897 GW Cochran, admr. of the estate of Henry P. Cochran, deceased, made his return. BS Nix, admr. of estate of James Nix, deceased, made his return Mary L. Collins, administratrix of estate of AB Collins, deceased, made her return. William Davenport, Guardian of minor heirs of _____ Davenport, deceased, made his return. EW Butt, Guardian of Edgar Butt made his return SF Butt, Guardian of Paul Butt made his return. Petition of EW Butt, Guardian of property of Edgar G. Butt, minor of JG Butt, deceased, shows the following facts: That his ward owns an undivided one third interest in certain lands located in said county and that said ward has together with his mother removed from this state and now resides in the state of Colorado, and it is not probable that he will ever return to this state to make it his home. Petitioner shows further that it is not in the interest of said ward for him to any longer own said interest and the petitioner has given notice of his intention to apply to the court for an order to sell the same on the 1st Monday in July next. Wherefore your petitioner prays the granting of an order allowing him to sell the interest of his said ward in all the land his said ward owns in this county, and petitioner will ever pray &c. WE Butt, Guardian of the property of EG Butt Page 263
Page 264 blank Page 265 Court of Ordinary - August Term 1897 Petition of John Casteel, CC McBee, et al, asking for a change in the district line between Ivy Log and Gum Log Districts - Beginning on the original district line at or near NB Hill’s residence, running east with the Murphy Road to the land line between CC McBee and James Stephens, thence south to the river, thence down said river to the original district line. Ordered that John Casteel, CC McBee and Jeff Hartgrove appointed to lay out said line and report to this court on August 10, 1897. August 2, 1897 - JT Colwell, Ordinary Application of JV Lance, Enoch Chapman et al, of Ivy Log District
asking the court to order an election on the stock law or no fence law in said
district - ordered that citation do issue and be published in the Blairsville
Herald and at other places in the district as the law requires, and the case be
heard by the court on the 28th day of August 1897. - JTC, Ord.
Page 266 Application of Thomas K. Jackson by his attorney, Pat Haralson for the guardianship of Thornton C. Crump, an imbecile, as he alleges, of said county. Ordered that citation do issue and be published and case be heard on the 1st Monday in September next. - August 2, 1897 In the case of Mary L. Collins’ application for Twelve Months Support out of the estate of AB Collins, deceased, for herself and 7 minor children - Ordered that the same be set up and ordered to record. August 2, 1897 Page 267 Petition of BB Anderson, BW Swanson, ET Gallaway, et al, of Gum Log District, asking that the district line between Gum Long and Ivy Log be changed as follows: Beginning at the corner of the Ivy Log District line and running with the Lower Youngcane line, to the Blairsville District line, then with the Blairsville district line to the Gum Log Road. Then in a straight line in a northern direction to the top of the mountain between Frank Rogers and Bart Swanson’s, thence with the top of the ridge between the _____ cove branch, and then running to Swanson’s mill and Ivy Log Creek, thence with said creek by Swanson’s Mill, TE Owenby’s near Ebenezer Church to the Pine Log Road, thence running with said road so as to include William Borne’s land, thence in a straight line in a northwest direction to the North Carolina line, thence the same to the beginning corner. Said change asked for upon the grounds that said petitioners will be benefited, and that the public will not be injured. Commissioners having been appointed by the court and made their return in accordance with said petition; and the case heard upon the sworn testimony of Bart Swanson and others, ordered that the change as described be made as defined above. August 16, 1897 - John T. Colwell, Ordinary - SY Jarrett, Clerk Court Ordinary Page 268
Page 269 In Vacation The application of WB Cutcher asking to supplement his homestead taken and filed in this office July 1, 1871, under the Constitution of 1868 - Ordered citation issue and published in terms of law. - August 20, 1897 Case set for hearing September 13, 1897 Ordered that an election be held in the Ivy Log District regarding the stock law on the 1st Saturday of September. Page 270 September Term 1897 Petition of Benj. M. Dyer for Permanent Letters of Administration on the estate of John M. Dyer, deceased. Citation issued and order be published in terms of law. Petition of Thomas K. Jackson says that Thornton C. Crump is an imbecile and asking that a commission be appointed to inquire into the matter. Petition to be acted upon on September 17, 1897 at 10 am. Notice to relatives to be given as required by law . Page 271 Petition of William Davis for Permanent Letters of Administration on the estate of GW Davis, deceased, ordered citation issue and be published. September 2, 1897 - John T. Colwell, Ordinary Adjourned until 1st Monday in October, 1897 In vacation - Petition of Thomas K. Jackson at the Sept Term of this court
showing Thornton C. Crump to be an imbecile and needing a guardian.
The hearing was set for this 17th September, 1897. The commission was
issued to Dr. FJ Erwin, AB Rogers, JE Martin, Isaac Glazier, Isaac Petty, SR
Rich, E. Boling, GM Stephens, AB Butt, DW Mathis, WA Weaver and AL England,
jury, who adjudges said Crump an imbecile and recommended a guardian appointed
for him. Ordered that Thomas K. Jackson be and is hereby appointed
guardian of the said Crump and Letters be issued upon his giving bond and taking
the oath as the law requires - September 17, 1897
Page 272 In vacation - September 20, 1897 It appearing that an election held in the 843rd District GM of said county on the 4th day of September 1897 n the stock law and the majority of the votes cast being in favor of fence, it is ordered that said result of the election be and is declared to be in favor of fence. - September 20, 1897 - John T. Colwell, Ordinary Page 273 Court of Ordinary - October Term 1897 Application of Nancy Cavender, widow of George W. Cavender, decd, application for Permanent Letters of Administration. Citation issued and ordered published. October 4, 1897 - JTC, Ord. John R. Dyer vs BN Dyer - VM Waldroop, Atty for JR Dyer - ML Ledford, Atty for BN Dyer Petition of John R. Dyer, et al, objecting to BN Dyers being administrator of John M. Dyer, deceased, as asked for by petition at the September Term of this court. Upon hearing the case, it is ordered that BN Dyer be and he is hereby appointed Administrator of the Estate of John M. Dyer, deceased, and that Permanent Letters of Administration be issued upon his giving bond and subscribing to the usual oath as the law requires. October 4, 1897 - John T. Colwell, Ordinary Page 274 In the matter of Thomas K. Jackson requesting Guardianship for Thornton Crump, an imbecile, on the 17th September 1897, a jury was summoned to examine said Crump and found him to be an imbecile and recommended a Guardian, it is therefore ordered that Thomas K. Jackson be appointed, after giving bond and taking oath. October 4, 1897 William Davis, Application for Permanent Letters of Administration on the estate of GW Davis, deceased - Ordered issued with bond of $1500 and oath. - October 5, 1897 - John T. Colwell, Ordinary Page 275 Application of JN Fortenberry for a Guardian to be appointed for Hamp Fortenberry, alleged to be mentally incapacitated to run his estate. Ordered that ten days notice be given to TI Fortenberry, John Fortenberry, ML Fortenberry and JC Fortenberry as the law requires before the commission shall be issued to the jury. October 5, 1897 Page 276 Court of Ordinary - November Term 1897 In the case of the application of Nancy Cavender, widow of George W. Cavender, deceased, for Permanent Letters of Administration at the October Term of court - And now at this term of court, comes William Cavender and Nancy Gilreath, son and daughter of said deceased and caveats the granting of Letters of Administration to Nancy Cavender on the estate for the following reasons, to wit: Because Nancy Cavender is wholly incompetent of managing, by reason of the fact that she is old, infirm, illiterate, has no business qualifications and is mentally incapacitated to take charge of said estate and manage it without relying on some one else to manage the same, who caveators pray that Henry Gurley or some other fit and proper person be appointed to represent said estate. WE Candler, Atty. for Caveators Ordered that Nancy Cavender, widow of said deceased and first applicant, be appointed Administratirx upon said estate upon condition that she give good bond in the sum of $4000, and subscribing the proper oath. November 1, 1897 Page 277
Ordered that (large blank here) be appointed to set apart and assign years
support for Nancy L Cavender and her minor child, Nellie D. Cavender.
Petition of Benjamin N. Dyer, Administrator of the estate of John M. Dyer, deceased, requesting Leave to Sell personal property of estate. So ordered. - November 1, 1897
Application of NB Hill, Administrator of Felix Hill, deceased for Letters of Dismission. Ordered citation issue and be published - November 1, 1897 Page 278
Ordered citation issue and be published in the Blairsville Herald as the law directs. - John T. Colwell, Ordinary Petition of JR Dyer asking for Guardianship of William and Frank Dyer, minor heirs of John M. Dyer, deceased. Ordered continued until November 3, 1897 for a hearing. November 1, 1897 Page 279
Page 280 Court of Ordinary - December Term 1897 Application of Nancy L. Cavender, Administatrix of GW Cavender, deceased, requesting Leave to Sell personal property belonging to the estate. Ordered that she be given Leave to Sell after giving notice of sale by written advertisement for ten days at three or more public places in said county. December 6, 1897 Application of William Davis, Administrator of the estate ofh John Woody, deceased, sows that the land belonging to the estate was in Lumpkin County, Georgia, and that he had to go there to rent and sell said land, which is now sold and that he had to make five trips for said purposes; which cost him about $5 a trip, making $25 in all. Ordered by the court that the said William Davis, admr. be given $25 for his extra trouble and traveling expenses in making the trips to Lumpkin County. December 6, 1897 - John T. Colwell, Ordinary Page 281 Letters Guardianship issued to Benj. N. Dyer, Guardian of William J. and F. M. Dyer, minor heirs of John M. Dyer, deceased - bond $600 - December 6, 1897. Court adjourned December 6, 1897. In vacation - It being made to appear to the Court of Ordinary that there is a vacancy in the Board of Commissioners of Roads and Revenue by the removal from within the county by John R. Ross, a member of said board, and under the act of 1887 creating such board, making the duty of the Ordinary to fill said vacancy by appointment... it is therefore ordered by the court that James A. Butt, Sr., be appointed to fill the unexpired term of John R. Ross.
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