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
petitioner......
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
Petitioner
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
county.
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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