Union Co., GA - Ordinary
Court Minutes - 1898Roll #RHS 3957 - Georgia
Union County, Georgia
- Court of Ordinary
Ordinary Court Minutes
- 1891-1903
[Pages 282 thru 315
-- 1898]
Transcribed by Linda
Smith Murray on October 30, 2000, from microfilm copy
purchased from the
Georgia Archives.
Note:
Most pages are not transcribed verbatim, but 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 1898 only.
Page 282
Court of Ordinary
- January Term 1898
Petition of JF Prater,
showing Henderson D. Cambell died on the 2nd of November,
1897, after having
made his LW&T, wherein petitioner was nominated Executor.
Prays the same admitted
to record and Letters Testamentary issue to him.
HL Carroll swears
that he, Thos. J. Butt and ED Rogers witnessed the will of HD
Cambell.
January 3, 1898. HL
Carroll
Letters Testamentary
ordered issued. John T. Colwell,
Ordinary
Page 283
Application of Mary
Rhodes, requesting the small estate of Wesley Rhodes, her
deceased husband,
be administered.
Appraisers appointed
- HT Cobb, FE Conley, James Elliott, Miles Deaver appointed
to appraise estate
of Wesley Rhodes. - January 3, 1898
Ordered that the return
of the appraisers be recorded in the matter of WJ and FM
Dyer, minor heirs
of John M. Dyer. January 3,
1898
Page 284
Petition of Nancy
L. Cavender for Years Support for herself and one minor child
from the estate of
GW Cavender, deceased - granted and ordered to record.
Application of Louisa
Young by her attorney WE Candler for Years Support from
the estate of David
Young, who died in 1896. Ordered
that NY Reid, Thomas
Brackett, James Stephens,
Jack Kelly and John Penland be appointed appraisers to
set apart same.
January 3, 1898
Page 285
In vacation - January
24, 1898
Application of Ivy
Log citizens in September 1898 asking that a definite line be
established at the
district line between Ivy Log and Gum Log Districts - The
case having been set
for a hearing today - Upon hearing and considering the
report of the marking
commissioners and all concerning - Ordered that the
boundary line of the
843rd District GM of said county be as follows, to wit:
Beginning at the North
Carolina line where it crosses Notly River, thence up
said river with bed
of same to the Young-ford, thence northern direction with an
old road running west
of James G. Casteel and James Stephens and James
Simpson’s,
intersecting with the Blairsville and Murphy Road at ford of Reece’s
Creek near NB Hill’s,
thence with an old road west of the residence of said NB
Hill, leading by JG
Anderson’s and the old Robert Conley place to the top of the
ridge east of JP Teague’s;
thence directly north to the North Carolina line;
thence west with said
line to the beginning point. It
is further ordered that
this order go to record
in my office, this 24th day of January 1898 - John T.
Colwell, Ordinary
Page 286
Union Court of Ordinary
- February Term 1898
In the case of the
application of NB Hill, Administrator of the estate of Felix
Hill, deceased, at
the November term of this court for Letters of Dismission -
The advertisement
having been run in the Blairsville Herald and no objections
filed, Ordered that
he be dismissed. February
7, 1898
Ordered that the application
of Mary Rhodes, widow of Wesley Rhodes for Twelve
Months Support be
approved. February 7, 1898
Page 287
Union Court of Ordinary
- March Term 1898
Court met according
to adjournment and there being no business before the court,
it is ordered and
adjourned until the first Monday in April next.
This March
7,1898
Union Court of Ordinary
- April Term 1898
Court met according
to adjournment and there being no business before the court,
it is ordered adjourned
until the first Monday in May next regular term.
This April 4, 1898.
April 6, 1898
Dr. FJ Erwin this
day made oath as to the insanity of Laura J. Jones; warrant
issued, jury summoned
and she to was tried in terms of the law and committed to
the Asylum and sent
there by WL Boling, Sheriff. JT
Calwell, Ordinary
Page 288
In vacation
Petition of CS Reid
shows that on the 11th day of January 1898, Mrs. CM Reid
departed this life
after having made and published a LW&T of which she nominated
petitioner the executor
&C
Ordered will of Mrs.
CM Reid to probate in solemn form, and ordered that Mrs.
Laura E. Rogers, Mrs.
EC Logan, Mrs. Florence A. McCravey, NY Reid and HM Reid
and CS Reid appear
before the Court of Ordinary to be held in and for said
county on the 1st
Monday in May, and then and there to show cause if any exists
why the paper offered
for probate by the petitioner, CS Reid , should not be,
etc.
Each to be served with a copy of petition at least ten days before
the
next term of court.
This April 12, 1898
Page 289
Union Court of Ordinary
- May Term 1898
Application, same
as above, will admitted to record and Letters Testamentary
issued.
May 2, 1898
Page 290
Petition of WMD Nelson,
Administrator on the estate of Colbert Nelson,
requesting Letters
of Dismission. Ordered citation
issued and published.
In vacation
Application made by
23 freeholders of Ivy Log for an election on the stock law -
Ordered that an election
be held in said district on the fence or stock law on
the 24th day of May
1898. May 9, 1898
Page 291
Union Court of Ordinary
- June Term 1898
Application of WL
England, guardian shows to the court that it is necessary to
expend ten dollars
of his wards’ estate. Ordered
citation issued for necessary
expenses - June 6,
1898
Application of FM
Swain for Permanent Letters of Administration on the estate of
Newt Swain, deceased.
Citation ordered issued and published.
June 6, 1898
Page 292
Petition of John M.
Stephens shows that Wilson Stephens died on the 16th of May,
1898, and requests
that his LW&T be probated. Heirs
at law are the petitioner,
JB Stephens of Auchubin?,
Texas, Sarah A. Dillingham of Hemp PO, Georgia, WD
Stephens of Wewaka,
IT, Cecil Stephens, child of RE Stephens, Laura Stephens,
Lenard Stephens of
Texas, JL Stephens of Hewit, IT,and Margaret Stephens, widow
of Noah Stephens.
All to be notified file objections before next term of court,
if any they have.
June 6, 1898
Page 293
Renaming above heirs
and ordering notification of the proposed probate of the
will of Wilson Stephens.
Page 294
In vacation
Re election in Ivy
Log District on the 24th of May 1898 on the question of stock
law.
Having examined the returns of said election and there being no
objections
filed it is hereby
declared that the result of the election is in favor of
fence, and that the
fences in said district stand as they were before the
election.
June 11, 1898 - John T. Colwell, Ordinary
Page 295
Union Court of Ordinary
- July Term 1898
On application of
TM Swain for Letters of Administration on the estate of Newt
Swain, decd.
Upon motion of petitioner, case is continued until 1st Monday in
August next.
This July 4, 1898
James Stephens, Exr.
of the will of Cannon Stephens, decd, made annual return
for 1898
Nancy L. Cavender,
Admrx. of estate of GW Cavender, deceased, made annual return
for 1898
WY Cavender, Administrator
of estate of Clemeth? Cavender, deceased, made annual
return for 1898
WH England, guardian
&c, made annual return for 1898
James P. Teague, guardian
for &c, made annual return for 1898
WA Souther, Admr.
of estate of Jack Souther, decd., for year 1898
Page 296
BW Swanson and WJ
Miller were qualified as Jury revisers August 1, 1898
Page 297
Union Court of Ordinary
- August Term 1898
In the case of John
M. Stephens, Executor of Cannon Stephens, deceased,
application at the
June Term of court to probate in solemn form and further the
issuance of Letters
Testamentary to the petitioner, being supported by the
affidavits annexed
thereunto of John Reece, Logan Davis and _________, the
witnesses, ordered
that same be recorded and proven in solemn form and letters
issued.
August 1, 1898
Page 298
Petition of WMD Nelson
at May Term of this court for Letters of Dismission on
the estate of Colbert
Nelson, decd. Ordered granted
and Letters issued.
Oath of WJ Miller
and BW Swanson as jury commissioners.
August 1, 1898
Page 299
Petition of JC Collins,
surety on the hand of BN Dyer, guardian of William and
Frank Dyer asking
that he be relieved from security.
Ordered that BN Dyer,
Guardian show cause
at the next term of court why said application should not be
granted.
August 1, 1898
Page 300
Court Ordinary - September
Term 1898
On application of
TM Swain at the August term of court for Permanent Letters of
Administration on
the estate of Newt Swain, decd - ordered that letters be
issued.
September 5, 1898
On application of
JC Collins to be relieved from bond of BN Dyer, guardian of
minor heirs of John
M. Dyer, deceased - ordered ocntinued until 1st Monday in
October 1898
Page 301
In vacation
We the undersigned
citizens and poll taxpayers of said county respectfully ask
that the County
(Site?) of said county be removed to a place to be selected by
the voters of said
county at an election to be held for that purpose.
Signed
(rest of entire page
is blank with no signatures.)
Page 302
Petition of MJ Smith
and DT Meadows, both residents of said state, show that
William Meadows, late
of said county, died on the 26th day of August 1898,
owning valuable real
and personal property. Petitioners
herewith present the
LT&T of said decd,
and shows that they are named as Executors.
The following
named persons are
heirs at law of said testator: Elizabeth
Meadows, widow; DT
Meadows, son; Sarah
L. and Mary J. Meadows, and Martha A. Huggins, all
daughters; and that
of said persons are all full age and residents of Union
County.
Requests letters testamentary be issued.
September 20, 1898
- In vacation
Ordered that the above
heirs appear before Court of Ordinary 1st Monday in
October, 1898, to
show cause why petition should not be granted.
Page 303
Union Court of Ordinary
- December Term 1897 (This
was apparently written into
a blank page, or one
which was blank at the time)
Application of Benj.
N. Dyer, administrator of the estate of JM Dyer, deceased,
praying for leave
to sell lands of the deceased at the November term of this
court and it appearing
that notice of same has been published as required, that
it is necessary for
the purpose of distribution, that the following land lots be
sold:
Lots of land #205, 164, 93, 92, 85, 187 and 186 in the 16th and
1st.
This 6th day of December,
1897. John T. Colwell, Ordinary
(Note at the bottom
of this page says “see Page 278”)
Page 304
Union Court of Ordinary
- October Term 1898
It appearing that
Armor Kelly is dead and that after his death, his widow, Mary
Ann Kelly applied
to the court for a Twelve Months Support, and commissioners
were appointed and
acted, both lands and personalty being valued at less than
five hundred dollars
and the whole having been set aside to Mary Ann Kelly - and
it further appearing
that the original papers in said matter are misplaced, it
is ordered that this
order be placed on the minutes of the court as the evidence
of the title of said
Mary Ann Kelly to the lands owned by Armor Kelly at the
time of his death
- Granted. JTC, Ord. - WE
Candler, Atty for Many Ann Kelly
Page 305/306
missing from book
Page 307
We the undersigned
citizens and poll taxpayers of said county respectfully ask
that the county site
of said county be removed to a place to be selected by the
voters of said county,
at an election to be held for that purpose.
Signed by
two-fifths of the
taxpayers - John M. Stephens, JR Dyer, JB Reece and five
hundred eighty others
- Upon hearing and considering said petition, it is
ordered and directed
by the court of ordinary that an election be held at the
various election precincts
in said county on Wednesday, November 30, 1898 in
terms of the law,
for the removal of the county site, and the voters qualified
to vote in said election,
who are in favor of removal shall endorse on their
ballots “For
Removal” and to what place - and those who are against removal
shall endorse on their
ballots “Against Removal” - and that citation do issue
and be published in
the Blairsville Herald, in terms of the law.
Granted, John
T. Colwell, Ordinary
This 3rd day October,
1898
In the case of the
application of MJ Smith and DT Meadows to probate in solemn
form the LW&T
of William Meadows, decd. continued by applicants on account of
the absence of one
witness until the 1st Monday in November.
October 3, 1898
Page 308
Nancy L. Cavender,
administratrix of the estate of W. Cavender, decd., having
duly applied by petition
for leave to sell certain land belonging to said
estate, ordered Leave
to Sell granted. - October 5, 1898
WA Seabolt gave bond
and took oath as Tax Collector of the county for the years
1899 and 1900.
October 25, 1898
MJ Smith personally
appeared and gives oath that he personally served copies of
notice on page 302
to the following heirs of William Meadows:
Elizabeth
Meadows, Sarah L.
Meadows, Mary J. Meadows, DT Meadows and Martha A. Huggins on
the 22nd day of September
1898. October 8, 1898
MJ Smith
Page 309
In vacation
It appearing to the
court that there is a vacancy on the Board of Commissioners
of Roads and Revenues
of said county caused by the expiration of the regular
term of John R. Ross
moved out of the county and the expiration of the unexpired
term of JA Butt, elected
to fill the unexpired term of said John R. Ross, and
that the regular October
term of the Superior Court will be held and that there
will be no sitting
of the Grand Jury to elect a member of said board to fill the
regular term upon
said Board beginning October 1898 - therefore in accordance
with the Act of General
Assembly of Georgia 1887 - it is ordered by the court of
Ordinary that Larkin
Lewis of said county be and he is hereby appointed
commissioner of roads
and revenues of said county to fill the full term of said
board, or until the
next sitting of the Grand Jury to elect.
Given under my
hand and seal of office.
This 17th October 1898 -
John T. Colwell, Ordinary
Page 310
Union Court of Ordinary
- November Term 1898
Application of MJ
Smith and DT Meadows to this court on the 20th day of
September 1898, page
302 of this book, to probate in solemn form the LT&T of
William Meadows, deceased
- On the 1st Monday in October 1898, the case came to
be heard on that date,
but was continued by applicants for a hearing until today
on account of the
absence of one witness.
The
foregoing petition mentioned above, of MJ Smith and DT Meadows, praying
for
probate in solemn
form of the will of William Meadows coming regularly to be
heard, and it appearing
to the court that all parties at interest are residents
of this state and
county and have been personally served with notice of said
petition for probate
in solemn form at least ten days before this hearing, which
said required their
appearance to the satisfaction of this court; and by the
testimony of all the
subscribing witnesses to the will, that the instrument
offered for probate
is the last will and testament of William Meadows as alleged
by the propounders
in their petition - and no legal reason appearing why said
will should not be
admitted to record as prayed for.
Ordered that said will be
and the same is hereby
established in solemn form as the Last Will and Testament
of William Meadows
and that the same be admitted to record.
Ordered
further that Letters Testamentary issue to MJ Smith and DT Meadows, the
executors in said
will upon their taking the usual oath of office.
This
7th day of November 1898 - John T. Calwell, Ordinary
Page 311
MJ Smith and DT Meadows
authorized and empowered to sell property of William
Meadows for the payment
of debts and necessary legal expenses of the provisions
of his will which
was dated June 26, 1896.
Signed by the legatees
and witnessed by JF Slaughter
September 19, 1898
Page 312
Ordered that an election
be held on Friday the 30th of December 1898, in terms
of the law for the
removal of the county site.
November 14, 1898
- JT Colwell, Ordinary
Page 313
blank
Page 314
Court of Ordinary
- December Term 1898
Petition of Nancy
L. Cavender on estate of Walt Cavender, deceased, for leave to
sell rents - corn,
rye and etc - granted. December
5, 1898
Petition of WA Souther,
Admr. of JCH Souther, decd., showing that he has fully
administered said
estate and asks for Letters of Dismission.
Ordered that
citation do issue
and be published, and same be heard and passed upon on the
first Monday in April
1899.
This 5th December
1898 - John T. Calwell, Ordinary
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.)
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