Union Co., GA - Ordinary
Minutes for 1891 - USGenWeb ProjectRoll #RHS 3957 -
Georgia
Union County, Georgia
- Court of Ordinary
Ordinary Court Minutes
- 1891-1903
[pages 3 - 36; 1891]
Transcribed by Linda
Smith Murray on October 23, 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 1891 only.
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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