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Transcribed on October 30, 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 1899 only.

Union County, Georgia - Court of Ordinary
Ordinary Court Minutes - 1891-1903

[pages 315-344; 1899]

 




 

Page 314-315
Petition of TM Dyer, distributee of the estate of JM Dyer, deceased, asking that BN Dyer, administrator of said estate be cited to appear before the Ordinary’s court for settlement. Ordered that BN Dyer appear before the court on the 1st Monday in February 1899 for a settlement of his account.  This 2nd January 1899.
(This entry is at the end of page 314 and top of 315 and appears to have been written in before the adjournment of the December term of court was written.  The next page, number 316, is headed January Term of Court.)



Page 316
Union Court of Ordinary - January Term of Court
Petition of James Stephens, Executor of Cannon Stephens, deceased, shows that he has deserves extra compensation for the extra services he performed in the course of his duties. - Ordered that he be given an extra $15 upon verification of the facts.  January 2, 1899


Page 317
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Page 318
Court of Ordinary - February Term 1899
TM Dyer vs Ben N. Dyer, Admr. - Application for settlement
Ben N. Dyer, Admr. of estate of JM Dyer - Application for compensation for extra services, to wit:  self and team and two hands gathering corn 3 days and fodder and apples 3 days      $9.37
Shucking corn 8 days     $4.00
Hauling Syrup Mill fram?     $1.25
BN Dyer’s acct. against decd.    $13.46
Total        $28.08

Page 319
Petition of Frank M. Dyer, minor child of John M. Dyer, decd., showing that he is dissatisfied with his present guardian and asks the court to appoint JR Dyer as the guardian of his choice.  Frank M. Dyer, Petitioner by PH Haralson, Atty.

I hereby consent to act as guardian of the person and property of said minor.  JR Dyer.

Ordered that copy of petition be served upon BN Dyer, Guardian of said minor at least ten days before the March Term of this court.  John T. Colwell, Ordinary



William Davis, Admr. of John Woody, decd., requests Letters of Dismission.  Ordered that citation issue and be published.  February 6, 1899


Page 320
Petition of AL England, a citizen of said county, shows that John England died intestate on the 25th of June 1898, leaving an estate, real and personal of the probable value of five thousand dollars - Petitioner further shows that on account of the length of time required by law to advertise for permanent letters of administration, and the circumstances of the estate of said deceased, it is necessary that temporary letters of administration up said estate should be granted at once for the purpose of collecting and taking care of the property until permanent letters are granted.  Petitioner is entitled under the law to be appointed administrator, being one of the next of kin of said deceased.  Wherefore he prays to be appointed temporary administrator.
AL England, by his attorney, CJ Wellborn, Jr.

Ordered that the applicant be and is hereby appointed temporary administrator upon said estate as prayed for - Let Temporary Letters issue to him upon his taking the usual oath and giving bond in double the amount of all the personal property of said estate, viz, the sum of $500.  February 16, 1899 - John T. Colwell, Ordinary, by SY Jarrett, CCO



Page 322
Petition of Martha A. Harrison shows that Alfred A. Harrison died intestate on the 15th day of February 1899, leaving estate of real and personal property worth the sum of $1500, and requests Permanent Letters of Administration.  March 6, 1899

Ordered citation on the above issue.



All cases set for a hearing at this term of court that was continued from the February Term of this court are continued until the April Term 1899 or longer, on consent of all parties interested therein.  John T. Colwell, Ordinary

Page 323
In vacation
Petition of Henry Dillinger shows that he is head of a family consisting of his wife, Mary L. Dillinger and three minor children, Callie Ann, age 15, Catherine, age 18, and Thomas B., age....... years, asking for homestead to be set up under Sec. 2827 of the Code of GA.  March 16, 1899  Henry Dillinger

Ordered citation issue and be published.  Hearing date set for April 12, 1899



Page 324
Union Court of Ordinary - April Term 1899
Letters of Administration issued to Martha A. Harrison as Administrator of AH Harrison, deceased, upon her giving bond and security in the sum of $2000 and taking the usual oath.  April 5, 1899


Page 325
Application of WR Lance et al, fifteen freeholders of Ivy Log District GM for an election on the fence law in said district, petition heard and considered - ordered that citation do issue and published in terms of law and the case heard 14 day of May next at my office.  This 2nd day of April 1899 - John T. Calwell, Ordinary


Page 326
Union Court of Ordinary - May Term 1899
Petition of Mary J. Taylor for years support from the estate of William Taylor, decd.  Petition heard and William Nickols, Barney Thomas, Levi Payne, Johnson Rector and John Nickols appointed to set up said support. May 1, 1899

Page 327
Union Court of Ordinary - June Term 1899
Ordered Years Support to Mary J. Taylor on the estate of William Taylor, deceased.



Case of William Davis, Administrator for Letters of Dismission continued until the July Term of this court.


Application of WA Souther, Administrator of JCH Souther for Letters of Dismission  - Granted John T. Calwall, Ordinary


Page 328
Application of ML Ledford, executor of Silas Ledford, deceased, asks for Letters of Dismission and files statement.  Ordered citation issue and published in the Blairsville Herald.  Jne 5, 1899


Page 329
Union Court of Ordinary - July Term 1899
Application of Vada Collins, widow of John Cathy Collins, for Twelve Months Support for herself and five minor children - Ordered return of the appraisers be made the judgment of this court and that it be recorded.  July 3, 1899


Application of William Davis on estate of John Woody, deceased, for Letters of Dismission, continued

Page 330
Union Court of Ordinary - July Term 1899
Application of JY Walker for guardianship of persons and property of Joseph, Callie, and Sallie Owenby, minors over 14 years, heirs of the estate of Arthur Owenby, deceased, who select said Walker.  Ordered citation issue and be published.



Application of JY Walker for guardianship of persons and property of Ida and Frank Owenby, minors under the age of 14, minor heirs of Thomas Owenby, deceased.  Ordered citation issue and be published.


In vacation
Application of James Land for setting apart a homestead - heard and citation issued and notice mailed to George L. Bryson, creditor and day fixed for hearing on August 16, 1899.  This 19th day of July 1899.


Page 331
Union Court of Ordinary - August Term 1899
Petition of JE Collins for guardianship of Lula, Alex, Spurgeon, Arthur and Moody Collins, minor children of John Cathy Collins, deceased - Ordered that citation issue and be published in form of law.


Petition of fifteen freeholders of Doola 1155th District GM asking for an election on the stock law in said district, heard and considered - Ordered that citation and notices issue and be published as law directs, and hearing be held on the 31st of August 1899.


Two applications of JY Walker to be appointed guardian of the children of Thomas Owenby - Ordered that he be appointed Guardian as prayed for.  Letters issue to him upon his taking the oath and giving bond.


Page 332
 Petition of Oscar Rogers in his own behalf and George W. Rogers, as natural guardian of Eva, Worth and Jennie Rogers, asking for a distribution of the estate coming to them as heirs of Mary J. Rogers, who was an heir of Sarah Lewis, deceased - said estate now deposited in the Ordinary Court by Larkin Lewis, Executor of Sarah Lewis, decd.
 Ordered that citation do issue in terms of the law and be published in the Blairsville Herald, and that the same be passed upon in Ordinary court the 1st Monday in September, 1899 - John T. Colwell, Ordinary


Petition of William Davenport and J. A. Poteet for Permanent Letters of Administration on the estate of John N. Poteet, deceased.  Ordered that citation issue and be published as provided by law.

Ordered by the court that all the Annual Returns filed in office in July be recorded.  This August 7, 1899



Page 333
Application of JB Lowery and others fifteen freeholders in all of Lower Young Cane District GM for an election on the stock law.  Petition heard, and the 16th of September 1899 fixed for a hearing.  This 24 August 1899


Application of Alice Long, widow of N. Long for Year’s Support out of the estate of said NC Long, deceased.  Ordered that Mance Runalds, Bud Mahaffy, Frank Reid, Sam Hughes and John Carroll be appointed appraisers to set up said support and make their return.  August 31, 1899


Page 334
Court of Ordinary - September Term 1899
Upon considering the petition of Oscar Rogers and George W. Rogers, natural guardian of Eva, Worth and Jennie Rogers - Ordered by the court that the fund now on deposit in my office, placed there by Larkin Lewis as Executor of Sarah Lewis, as the distributive share of Mary J. Rogers, wife of George Rogers be paid to the said George W. Rogers, guardian of Eva, Worth and Jennie Rogers, and Oscar Rogers, all children of the said Mary J. Rogers, it being made to appear to the court that the said Mary J. Rogers is dead.

Recd. of John T. Colwell, Ordinary of Union Georgia and successor of John W. Meeks, the sum of $207.35, in cash and in full payment of the sum deposited in said court by Larkin Lewis, Executor of Sarah Lewis, as the distributive share of Mary J. Rogers in said estate; said fund being paid to the children of Mary J. Rogers, she being dead.  September 4, 1899  ML Ledford, Atty. for children of said Mary J. Rogers.



Page 335
Petition of JB Chastain for Letters Administration on the estate of NC Long, who died June 9, 1899. - Ordered the usual citation issue.


Application of JE Collins at the August Term of court asking to be appointed guardian of the persons and property of Lola, Alex, Spurgeon, Arthur and Moody Collins, minor children of John Cathy Collins, decd. - Ordered that JE Collins be appointed Guardian and Letters issue with oath and bond.  September 4, 1899


Petition of ML Ledford, Exr. of Silas Ledford, decd at the June Term of court asking for Letters of Dismission.  Ordered petitioner released and Letters issued.

Petition of William Davenport and JA Poteet, Admrs. of John N. Poteet, deceased, for  leave to sell personalty - Ordered leave granted upon publishing same as law requires

(written in left margin in very small handwriting) Citation having been duly issued and published requiring all persons and singular next of kin and creditors of John N. Poteet, deceased, to appear at this term of court and show cause, if any they could, why Permanent Letters of Administration should not be granted to William Davenport and JA Poteet, and none filed, ordered that Letters Administration be issued as Administrators of John N. Poteet, upon their giving bond and security in the sum of $200 and taking the usual oath.



Page 336
Union Court of Ordinary - October Term 1899
Letters of Guardianship granted to JY Walker as guardian of minor children of Thomas Owenby, deceased, after taking oath and giving bond.


Lanie S. Mahaffey tendered a good bond and made security for the natural guardianship of her son Edward Mahaffey - Ordered bond be recorded and that Lanie S. Mahaffey be and she is hereby vested with all the authority of Guardianship of said minor and his property to receive and manage it according to law.


Application of William Davis, Admr. of estate of John Woody, decd., requests Letters of Dismission.  On account of the heirs and the sickness of said Administrator, the hearing was put off until this, the October Term 1899, and there being no lawful objections filed, court grants same as the law directs.  October 2, 1899


Page 337
Letters Administration issued to WH Payne, next of kin (and by consent of JB Chastain, principle creditor) as administrator of the estate of NC Long, deceased, upon giving bond in the sum of $800 and taking usual oath of office.


The return of the appraisers setting apart a Twelve Month Support to the widow of John N. Poteet, deceased, having been filed in my office, all persons concerned are cited to show cause by the 6th day of November why said application should not be granted.  October 2, 1899


Petition of AC Smith shows that Bennett Smith died on the 17th day of August 1899, leaving petitioner as next of kin, and also leaving a large estate of real and personal property worth the sum of $600, and at the time of his death said Bennett Smith was entirely intestate as your petitioner believes and herein alleges; wherefore he prays the usual citation in such cases to issue in order that he may obtain permanent Letters of Administration on Bennett Smith’s estate; and petitioner will ever pray &c.  October 3, 1899  AC Smith

Page 338
Ordered citation issue on the above petition and be published in Blairsville Herald as the law directs.  This October 5, 1899 - John T. Colwell, Ordinary

$18.55 - Recd. of John T. Colwell, Ordinary, $11.35 which he recd. of MS Hill, JP, for sale of estray cattle; and $7.20 which he received of Elliott Bolin, NP & JP, for sale of estray cattle; twenty cents of said amount allowed said Ordinary for entering this receipt on record.  This 2nd October 1899 - ML Ledford, CS Court



John M. Stephens, Executor of Wilson Stephens, deceased, having faithfully and honestly executed the LW&T of said deceased, is by the Court of Ordinary formally and finally discharged from such Executorship by order of court of Ordinary this 2nd day of October, 1899.


Page 339
 Petition of GM Fleming, Executor of Elizabeth R. Ketron of the state of North Carolina and county of Clay, shows the following to wit:
 That Elizabeth Ketron of Clay County, North Carolina, is dead, dying testate and leaving certain property in Union County, Ga. disposed of by will.
 That in said will petitioner is named as Executor, and as such has duly applied for and had said will property probated in the court, having jurisdiction of the same in the county of Clay, State of North Carolina, all of which will appear by reference to an exemplification of the record hereto attached.
 Wherefore petitioner prays that said will go to record in this county as proven; and that petitioner be allowed to qualify as the Executor thereof, and petitioner will ever pray &c.  WE Candler & OL Anderson, Attys for Petitioner

Ordered that the will of Elizabeth R. Ketron hereto shown to the court be admitted to record in my office and that GM Fleming, named as Executor therein, be allowed to qualify as such.  Granted this 2nd October, 1899.  JTC, Ord.



Page 340
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Page 341
Union Court of Ordinary - November Term 1899
Application of Rebecca Poteet, widow of John N. Poteet, for Year’s Support from estate of said Poteet, decd, on the 9the day September 1899, appraisers appointed and filed their return, and citation having bee run as the law directs, and no objections filed in office; Ordered by the court that the return of the appraisers be made the judgment of this court and that the same be admitted to record this November 6,1899.  John T. Colwell, Ordinary



Page 342
Union Court of Ordinary - December Term 1899
This day the Ordinary assumes all the duties of all the county business as it originally was before the Board of Commissioners was created; the law creating the Board was repealed by the Legislature, Wednesday, November 29, 1899.


Page 343
Application of Lizzie Calwell, widow of HT Calwell, deceased, for Years Support for herself and minor children - no objections being filed, ordered that the return of the appraisers be made the judgment of this court and that it be recorded.  This December 4, 1899 - JTC, Ordinary


Petition of Barbara Anthony for Years Support of the estate of William Anthony, deceased in October of this year; no objections being filed, ordered that the return of appraisers by the judgment of this court and that it be admitted to record, this 4th December 1899.  John T. Calwell, Ordinary


Page 344
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(Next page, 345, begins the minutes for the January Term, 1900)

 

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