Ordinary Court Minutes
1897; Union Co., GARoll #RHS 3957 - Georgia
Union County, Georgia
- Court of Ordinary
Ordinary Court Minutes
- 1891-1903
[Pages 243 thru 281
-- 1897]
Transcribed by Linda
Smith Murray on October 25, 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 1897 only.
Page 243
Court of Ordinary
- January Term 1897
Court met according
to adjournment, JT Colwell, Ordinary, presiding, January 4,
1897
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
Court of Ordinary
- March Term 1897
Report of the commissioners
to set apart twelve months support for Martha A.
Mason. - March 1,
1897 - JT Colwell, Ordinary
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
James Stephens, executor
of Cannon Stephens, deceased, having filed his petition
for probate in solemn
form, citation issued to be served personally on James
Stephens, Nancy Stephens,
General Stephens, Martha Rogers, Mary Mauney, Martha
Ross, Lou Stroud,
James Swanson, Judge Swanson (by BW Swanson, guardian ad
litem) and MA Truelove.
Ordered that the usual citation issue to be served on
them ten days before
the March term of this court, and as Wilson Stephens,
Alfred Swanson, Sam
Stephens and Exie Stephens reside out of said State of
Georgia and cannot
be served personally and can only be served by publication
that they be cited
and made parties by publication once a week for four weeks in
the Blairsville Herald,
a newspaper published in the town of Blairsville, State
of Georgia, before
the March term of this court of Ordinary and that this order
so published constitute
such citation. This 1st day
of February 1897 - JT
Calwell, Ordinary
BW Swanson appointed
guardian ad litem of Judge Swanson - February 1, 1897
Page 249
Cannon Stephens will
admitted to record - March 1, 1897 - JTC, Ordinary
Page 250
Court of Ordinary
- March Term 1897
JV Lance, FM Owenby,
John Deaver, JP Teague and John G. Anderson appointed
appraisers of the
estate of Cannon Stephens, deceased. - March 1, 1897 - JT
Calwell, Ordinary
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
In vacation
Application of JV
Lance, HT Cobb and Doctor Anderson, et al, petition court to
revoke order for election
on fence law. - Granted March 24, 1897
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
Ordered by the Court
Ordinary that a rule nisi issue and be served on the said
George W. Cochran
with copy of above petition. May 5, 1897 JTC, Ordy.
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
July Term 1897
Ordered that petitioner
be allowed to sell all the land belonging to his ward in
Union County, GA.
- John T. Colwell, Ordinary - July 5, 1897
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
Order revoking previous
order to change District lines, the court discovering
that it was not requested
from necessity.
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
Nancy L. Cavender
requests twelve months support from the estate of GW Cavender,
deceased, for herself
and her minor child, Nelly D. Cavender.
November 1, 1897
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.
November 1, 1897
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
Application of Benjamin
N. Dyer, Administrator of the estate of John M. Dyer,
deceased, requesting
Leave to Sell Real Estate, showing that the lands of the
deceased consists
of Lots # 205, 164, 93, 92, 85, 187 and 186, all in the 16th
and 1st of said county.
November 1, 1897
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
Court of Ordinary
- November Adjourned Term 1897
Case of JR Dyer, applicant
for Letters of Guardianship of William and Frank
Dyer, minor heirs
of John M.Dyer, deceased. Now
comes JR Dyer to court and
agrees that Benjamin
N. Dyer be appointed Guardian of said minors, ordered
Letters issued upon
his giving good and sufficient bond and subscribing the
usual oath - November
3, 1897 - John T. Colwell, Ordinary
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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