Union Co

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Union Co., GA - Ordinary Court Minutes--1892Roll #RHS 3957 - Georgia

Union County, Georgia - Court of Ordinary

Ordinary Court Minutes - 1891-1903

[Pages 37 thru 72   -- 1892]

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  1892 only.




Page 37

Union County Court of Ordinary - January Term 1892

Court met according to adjournment, present the honorable EW Butt, Ordinary,

presiding, this January 4th, 1892 - EW Butt, Ordinary

The court having no business at this term adjourned until the next regular term.

 January 4, 1892 - EW Butt, Ordinary





It being made known to me that a vacancy exists in the office of Justice of the

Peace in the 1024 District GM of said county caused by the removal of Wilson

Stephens and there being now no Justice of the Peace or Notary Public within

said district,

It is therefore ordered that an election for Justice of the Peace to fill said

vacancy be held at the usual place of holding such elections in said district on

the 4th Saturday, the 23rd instant, present month, which may be conducted by any

three freeholders of said district and that the notice required by law be given

to said voters by advertisement at three public places in said district. - EW

Butt, Ord.




Page 38

Petition of Eliza Ann Mull shows that she is the widow of Marshal I. Mull, late

of this county, decd., who departed this life intestate.  She seeks appointment

of appraisers to set apart for her a year’s support and a sufficient amount of

household furniture to herself.  Aliza Ann Mull, Petitioner

In vacation, January 18th 1892

Ordered that Larkin Bruce, DA Byeres, William Thomas, LC Turner and Mark Awberry

be appointed commissioners to lay off and assign out of the estate of MI Mull,

deceased, a twelve-months support for Eliza A. Mull, widow.  EW Butt, Ord.

Page 39

February Term 1892

Court met and having no business adjourned until next regular term of court,

this February 1, 1892.  EW Butt, Ordinary





Page 40

Petition of Mary D. Souther, wife of Jesse W. Souther, a resident of said county

(he refusing) shows that she is the head of a family consisting of herself and

five minor children to wit:  James B. Souther, 14 years old March 1, 1892; Emily

S., 12 years old March 28, 1892; Jane H., 11 years old December 5, 1892, Daniel

L. 9 years old November 15, 1892 and Mary E., 6 years old June 10, 1892 and that

she desires under the constitution of Georgia and the statutes in reference

thereto to have laid off and set apart as homestead for the use of said family

on or out of one hundred and sixty acres of land, the property of petitioner

situated in said county and bounded on the north by the lands of JF Vandiver, on

south by the lands of JW Souther, on east by JW Souther, and on the west by the

lands of John T. Souther, containing 160 acres more or less, a portion on the

worth of said lands not to exceed in value one thousand dollars.  Petitioner

also desires to have exempt and set apart the personal property embraced in

Schedule A, hereto attached to which reference is made as part of her the

petitioner’s said schedule contains a minute and accurate description of all the

personal property belonging to your petitioner Schedule B hereto attached

contains a correct list of the names and post offices of the creditors of


Mary D. Souther, Petitioner - JA Butt, Petitioner’s Atty.

Page 41

Schedule of personal property is listed here (Schedule A)

Schedule B is a list of creditors:  CY Wellborn, Exr. of RH Erwin, Post Office,

Blairsville, Ga., is the only name listed





Page 42

Mary D. Souther’s sworn statement that the Schedules are correct, dated February

10, 1892.

Page 43

County Surveyor’s statement of laying off homestead for Mary Souther, by FM

Akins, dated March 10, 1892.

Page 44

March Term 1892 - Mary D. Souther’s application for homestead is continued until

next regular term of this court upon the grounds that the county surveyor failed

to attach his certificate to the plat of land laid off by him as the homestead

of said Mary D. Souther.  This March 7, 1892 - EW Butt, Ordinary





Page 45

Joseph H. Penland, administrator of J H. Penland, decd., shows the court that he

has fully discharged his duty as administrator according to law, that he has

also given the required notice through the columns of the “Blairsville Free

Press” for his dismission at this term of court and as no objections have been

filed, Letters of Dismission granted. March 7, 1892 - EW Butt, Ordinary




Page 46

Petition of Phillip Logan a citizen of the county and state aforesaid, and a

son-in-law of John Nicholson, late of said county, decd., shows that said

deceased departed this life on or about May, 1891 and as petitioner believes

intestate, leaving property in real estate of a probable value of $500 and that

estate should be administered for the purpose of collecting and paying the debts

due to and owing by the estate and for the purpose of making distribution

thereof among the heirs.  Wherefore, petitioner prays an order directing

citation to issue and be published in terms of law and an administrator

appointed.  March 24, 1892

Citation ordered issued March 24, 1892 - EW Butt, Ordinary





Page 47

April 4, 1892 - In the matter of Mary D. Souther for setting apart homestead it

is hereby adjudged and returned to the clerk of this court. - EW Butt, Ordinary




Years Support granted to Mrs. Eliza A Mull.- April 4, 1892 - EW Butt, Ord.




Page 48

Petition of RJ Cook of said county represents to the court that William T. Wood,

a minor 10 years of age has neither father or mother in said county of Union and

that the said minor has no other relatives able to look after his training and

support.  Your petitioner therefore asks the court to apprentice or bind the

said minor William T. Wood unto your petitioner until he arrives at the age of

21 years in compliance with the statute made and provided for in such cases.

RJ Cook, Petitioner (not dated)




Page 49

May Term 1892

In the matter of Phillip Logan, applicant for permanent letters of

administration on the estate of John Nicholson, deceased - adjudged by the court

that Letters Administration issue to Phillip Logan upon his taking and

subscribing the oath and giving the bond required by law, the amount of which

bond is hereby fixed at $300, this May 2, 1892. - EW Butt, Ordinary




Page 50

 Petition of William L. Bowling and Thomas P. Townson, guardian of the persons

and property of Laura M. Townson, age 17 years, Alice, age 15 years, William V.,

age 13 years, minor heirs of William Townson late of said county, deceased,

shows the following facts to wit - That at the September term of the court of

Ordinary in the year 1884 in said county, they filed their petition to Joshua

Anderson, then Ordinary of said county to be appointed guardians of the persons

and property of the above described minor children and citation issued as

required by law, notifying all persons to show cause at the November Term of

said court of Ordinary 1884 why the said petitioners as aforesaid should not be

appointed as prayed, and your petitioners further show that at the said November

term of said court of Ordinary for the year 1884, your petitioners then and

there filed their bond with proper security to the said Ordinary in the sum of

$300 as guardians as aforesaid for said minor heirs.  Marked Exhibit A with

leave of reference as may be required

 And your petitioners further show that through the neglect or carelessness of

the said Ordinary at the time, the petition and order appointing your

petitioners as guardians was never recorded as required by law and that the said

original petition and order of appointment of your petitioners was lost or

mislayed and cannot now be found.

 Your petitioners therefore ask the court to issue citation requiring all

persons concerned to show cause if any they can at the June Term of said court

next, 1892, why said record of paid guardianship should not be perfected and the

same be admitted to record in due legal form and that your honor pass an order

then and there to have pro ture? amending or perfecting said record a prayed for

and your petitioners will ever pray &c - This April 27, 1892

 William L. Bowling, Thomas P. Townson, Guardians &c

Ordered that citation issue and be published as prayed for according to law.

May 2, 1892 - EW Butt, Ordinary




Page 52

Petition of EL Sullivan shows to the court that her mother, Mrs. Rebecca

Sullivan, widow of William Sullivan, deceased, is an old and infirm person and

that owing to her imbecility of mind is mentally incapable of taking care of her

person and managing her small estate left her by the will of William Sullivan. 

Requests to be appointed guardian of person and property.  WE Candler, Atty for


May 2, 1892 - Let citation issue as requested - EW Butt, Ordinary





Page 53

Application of RJ Cook to have apprenticed to him William L. Wood, a minor, ten

years of age, citation duly published, and no objections having been filed,

apprenticeship granted. June 6, 1892 - EWB, Ord




Page 54

Petition of Phillip Logan, administrator of the estate of John Nicholson, decd,

shows that the deceased owned at the time of his death two parts of lots of

land, Nos. 105 and 106, 10th & 1st, known as the Chastain place, also 80 acres

of Lot No. 260, 17th & 1st, known as the Gosset patch and 160 acres Lot No. 321,

17th & 1st, containing in all 350 acres more or less.. and that for the purpose

of paying the debts and making distribution among the heirs of said deceased, it

is necessary to sell lands of the deceased.  Petitioner requests Leave to Sell.

June 6, 1892 - Phillip Logan, Administrator, Petitioner

Read and considered.  Ordered that citation issue and be published as required

by law.  This June 6, 1892 - EW Butt, Ordinary





Page 55

It being represented to the court by the petition of William L. Bowling and

Thomas P. Townson, guardians of the persons and property of Laura M., Alice and

William V. Townson, minor heirs of William Townson, late of said county decd.,

that they filed their petition to the Ordinary of said county in the month os

September 1884 asking to be appointed guardians of the above minors and at the

October term of court in the said year 1884, they filed their bond........

Now upon reading and considering the application of William L. Bowling and

Thomas Townson for letters of guardianship for Laura M., Alice and William

Townson, and it appearing that citation was duly published and no objections

having been filed, it is ordered that said William L. Bowling and Thos. P.

Townson be and they are hereby appointed guardians.  Bond hereby fixed at $300.

- EW Butt, Ordinary




Page 56

Petition of TJ Butt, guardian of the property belonging to the minor heirs of JG

Butt, late, represents that he has a small lot of rent corn and some flour

obtained from rent wheat which he wishes to sell belonging to said minors.  TJ

Butt, Gdn.

Whereas the court being disqualified to grant said order by reason of

relationship, respectfully transfers the above petition to his honor CJ

Wellborn, Judge of the Superior Court for his actings in the premises, this June

6, 1892.

EW Butt, Ordinary

Chambers, Blairsville, Georgia - June 6, 1892

The within petition of Thomas J. Butt, guardian of the minor heirs of John G.

Butt, decd., for leave to sell rent corn and flour belonging to said heirs,

having been referred to me because of the disqualification of EW Butt, Ordinary,

I take jurisdiction of the same and inasmuch as said sale is necessary, the

heirs to whom said corn and flour belongs being non-residents of the state, it

is ordered that said Thos. J. Butt have the leave requested to sell and that he

make return for his acts under this order to the court of Ordinary of said


CJ Wellborn, JSCNEC

Page 58

Notice of application for leave to sell the lands belonging to the estate of

John Nicholson, decd.  Order leave to sell be granted Phillip Logan,

administrator - July 4, 1892 - EWB, Ord.





Page 59

Petition for Letters of Dismission - Petition of FA Watkins, Adm. of BW Watkins,

requests dismissal.  Let citation issue this Jany. 15, 1892 - EWB, Ord.  Note: 

the month written is definitely January and not July.  Following on the same

page is:

Final statement of FA Watkins, admr. of the estate of BW Watkins, decd. showing

an estate settlement of $375.46 and written beneath is “the above petition and

statement filed in office January 15, 1892 - EW Butt, Ordinary”

Page 60

July Term 1892 - same as above - ordered by the court that Letters of Dismission

from said administration issue to him in terms of the law.  This July 4, 1892.





Page 61

August Term 1892

Complaint filed by Wesley Rhodes, that heretofore to wit; on the 16th day of

September 1891, that James L. Henson as principal and Enoch Chapman as security,

entered into a recognizance to EW Butt, Ordinary in and for said county for the

maintenance and education of a bastard child born by one Nancy Rhodes to the

said James L. Henson; and it being further represented to the court by the said

Wesley Rhodes that he is the father of the said Nancy Rhodes and that he has

supported the said Nancy and her bastard child since its birth and that the said

reported father, James L. Henson, has failed and refused to do anything for the

support of said child.  This is therefore to require the said James L. Henson as

principal and Enoch Chapman as security to show cause at the next term of this

court why action on this said bond should not be brought.  August 1, 1892

EW Butt, Ordinary



Page 63

Petition of John Queen shows that he is the head of a family consisting of

himself, his wife (Elizabeth Queen), about 40 years old, and four children to

wit:  James Henry, 15 years old, Martha, 13 years old, William L., 12 years old

and Samuel Queen, 5 years old, and that he desired under the Constitution of

Georgia and the Statutes in reference thereto to have laid off and set apart as

homestead for the use of said family on or out of 200 acres of land, the

property of petitioner, situated in said county and known as Lot of Land #181

and parts of 182 and 216, all in the 17th and 1st.  Lot #181 containing 160

acres, and part of Lot #182 containing 30 acres and part of Lot #216 containing

about 10 acres, not to exceed in valuation one hundred and fifty dollars. 

(Schedules attached.)

Page 64

Shows the schedule of personal property owned by John Queen’s family (Schedule

A), and Schedule B, which is a list of creditors.

JA Butt, Blairsville, Georgia

EW Butt, Blairsville, Georgia

Isaac Glazner, Blairsville, Georgia

VM Waldroop, Choestoe, Georgia

MG Caldwell, Track Rock, Georgia

JW Moore & Co., Blairsville, Georgia

Page 65

Oath of John Queen stating that the statement in the foregoing petition is true

and that the schedules contain minute and accurate descriptions of all the real

and personal property owned by applicant and that the list of creditors to

attached is complete and their post offices correctly given.  Sworn to and

subscribed before me this 22nd day of August 1892.  John (hisXmark) Queen

EW Butt, Ordinary





Page 66

September Term of Court 1892

Petition of BT Gurley shows that James Gurley, Sr., late of said county,

departed this life on the ___ day of _____ 1892 after having made his LW&T

wherein your petitioner is nominated the Executor.  Requests same admitted to

record.  RT Gurley, Petitioner




Page 67

To FM Akins, County Surveyor, request to survey land of John Queen for homestead

exemption, and his report on the survey.  September 13, 1892

Page 68

John Queen’s homestead approved.  Notation at the bottom of the page states “The

above papers returned to the Clerk of the Superior Court.  EW Butt, Ordinary.





Page 69

Petition of Arty L. Manes, widow of Andrew Manes, who departed this life on the

20th day of Jany. 1875, leaving surviving him the petitioner and two minor

children who are now of age and that she now wishes to have set apart and

assigned herself in property or money a sufficiency fro the estate of said

Andrew Manes for the support and maintenance of herself for the space of twelve

months from this date, there never being any administration on said estate. 

Wherefore, petitioner prays that five discreet persons be appointed for the

purpose of setting apart a years support and a sufficient amount of household

furniture to herself.

Artie L. (herXmark) Manes, Petitioner

Page 70

Re above petition.  Ordered that Joseph Chastain, Frank Conley, JV Lance, AJ

Conley and Alexander Teague be appointed commissioners to lay off and assign out

of the estate of Andrew Manes, decd., a twelve months support for Artie L.

Manes, widow, and that a warrant do issue to them.  Granted October 3, 1892

EWB, Ordinary





The court having no other business adjourned until next court in cause, this

October 3, 1892 - EW Butt, Ordinary

(Pages 71 and 72 are blank and page 73 begins with the heading “1893”)


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