1893 Court of Ordinary
Minutes - Union Co., GARoll #RHS 3957 - Georgia
Union County, Georgia
- Court of Ordinary
Ordinary Court Minutes
- 1891-1903
[Pages 73 thru 129
-- 1893]
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 1893 only.
Page 73
Headed 1893
JW Meeks qualified
as Ordinary of Union County, February 16, 1893
Oath of office of
Ordinary for the County of Union, signed by John W. Meeks
Sworn to and subscribed
before me the 16th day of February, 1893.
CJ Wellborn,
JSC
ED Rogers qualified
as Justice of the Peace of the 865th District, GM, same
date.
Jackson V. Nicholson
qualified as Notary Public of the 1050th District, GM,
December 21, 1892.
Filed in the Ordinary’s office February 16, 1893
Isaac T. Wilson qualified
as Notary Public and ex officio Justice of the Peace
of the 834th District,
GM, December 29, 1892. Filed
same date as above.
Page 74
Allen J. Conley qualified
as member of the Board of County Commissioners of
Union County February
16, 1893 and filed same date.
FA Calwell qualified
as member of the Board of Education, February 23, 1893, and
filed the same date.
JB Poindexter qualified
as Justice of the Peace of the 1155th District, GM,
February 23, 1893
and filed the same date.
Isaac Glazier qualified
as a member of the Board of Education and filed in
office February 24,
1893.
George W. Gurley qualified
as JP of the 995th District GM, February 24, 1893 and
filed the same date.
HL Henson qualified
as JP of the 996th District GM, February 11, 1893 and filed
the same date.
Miles S. Hill qualified
as JP of the 1024th District GM, February 10, 1893 and
filed the same date.
Thomas K. Jackson
qualified as JP of the _____ District GM, February 10, 1893
and filed the same
date.
WR Logan qualified
as JP of the 1162nd District GM, March 3, 1893 and filed the
same date.
FE Conley qualified
as JP of the 843rd District GM, March 6, 1893 and filed the
same date.
Notation at the end
of this page says “See Page 82.”
Page 82 is a continuation
of qualifying persons.
Page 75
AS McCollum qualified
as JP of the 994th District GM, March 8, 1893 and filed
the same date.
John J. Odom qualified
as JP of the 1050th District GM, March 9, 1893 and filed
the same date.
Petition of TJ Butt,
Guardian is drawn through with a notation at the bottom of
the page which says
“See Page 86 of this book”.
Page 76
Petition of WHW Gurley,
one of the next of kin of James Gurley, Sr, deceased,
shows that the deceased
departed this life on or about July, 1892, intestate,
leaving property of
the probable value of $3000 and requests administrator be
appointed.
February 16, 1893 - WHW Gurley, Petitioner
Read and considered
- ordered that citation issue in terms of the law and be
published in The Blairsville
Herald. This February 21,
1893 - JW Meeks, Ord.
Page 77
Petition of WHW Gurley
and John Cochran, as next of kin of Henry Cochran,
deceased.
States the deceased departed this life on or about July 1892,
intestate, leaving
property real and personal of the probable value of $3000,
and request that administrator
be appointed. - February 16, 1893
WHW Gurley and John
Cochran, Petitioners
Read and considered
- ordered that citation issue in terms of the law and be
published in The Blairsville
Herald. This February 21,
1893 - JW Meeks, Ord.
Page 78
Petition
of Thomas K. Jackson, as next of kin and choice of the minor heirs of
EK [Elijah Kimsey]
Collins - Mary C. Jackson, WE Collins, Sarah J. Collins,
Emory Collins, Sidney
A. Collins and Emily C. Collins, who have about eighty
dollars belonging
to them in the hands of James H. Harden, Admr. of the estate
of _________ Sullivan,
deceased, who resided in the State of Colorado at his
death - that it is
necessary that a guardian be appointed to receive said sum of
money to be distributed
among said heirs.
And
your petitioner desires to be appointed Guardian of said heirs that he
may
take charge of said
sum of money and distribute among said heirs as the law
directs in such cases.
February 21, 1893 - Thomas K. Jackson, Petitioner
Read and considered,
ordered that citation issue in terms of the law and be
published in the Blairsville
Herald. This February 21,
1893 - JW Meeks, Ord.
Page 79
Union Court of Ordinary
- March Term 1893
Petition requesting
guardianship of his minor heirs, Anna M. and Emma E. Mulkey,
that they have an
estate amounting to two-fifths of one hundred dollars coming
to them from the estate
of Sarah Lewis,deceased, and they have chosen your
petitioner to act
as Guardian of their property, as will appear from the
signatures of the
said Anna M. and Emma E. Mulkey.
March 6, 1893 - JP Mulkey,
Petitioner
Guardianship granted
the above to JP Mulkey and bond set at $100.
JW Meeks,
Ordinary
Page 80
Petition of BT Gurley
requests will of James Gurley, Sr., deceased, be admitted
to record and Letters
Testamentary be issued. BT
Gurley, Petitioner
William B. Shipp swears
that he, William Davis and WA Seabolt saw James Gurley
sign and publish the
attached paper as his Last Will and Testament; that he
subscribed the same
as a witness thereto, that the said James Gurley signed
freely and voluntarily
and was at the time of signing, of sound and disposing
mind and memory.
William B. Shipp - February 28, 1893 - JW Meeks, Ordinary
Page 81
Ordered the above
will admitted to record and satisfactorily proven in common
form.
Ordered that letters testamentary be issued to BT Gurley, the Executor
named in said will
upon his taking and subscribing the oath required by law.
March 6, 1893 - JW
Meeks, Ordinary
Oath of BT Gurley
- March 6, 1893
Page 82
EB Garrett qualified
as NP and ex officio JP of the1241st District GM - May 1,
1893
John M. Bryant qualified
as NP and Ex officio JP of the 1147th District GM -
April 25, 1898
E Boling qualified
as NP and ex officio JP of the 865th Dist. GM - May 1, 1893
Jefferson Saxon qualified
as NP and ex officio JP of the 996th Dist. GM - May 4,
1893
William Davenport
qualified as NP and ex officio JP of the 1155th Dist. GM - May
25, 1893
Joab F. Crawford qualified
as Member of the Board of County Commissioners -
November 6, 1893
CN Crumley qualified
as member School Board, time expires in May 1894.
February
6, 1894
John Sprous? qualified
as NP of the 1449th Dist. GM - May 5, 1894
JM Watts qualified
as NP of the 1018th Dist GM - May 12, 1894
William Davis qualified
as NP of the 994th Dist. GM - March 2, 1894
JV Lance qualified
as Member School Board June 12, 1894
TN Henson qualified
as Member School Board June 12, 1894
ML Ledford qualified
Member School Board June 12, 1894
(note at bottom of
this page reads “See Page 90”)
Written from top to bottom in
the left margin of
this page is “NC Franklin qualified as JP of 1018 Dist GM -
February 13, 1896.
Page 83 - April Term
1893
Guardianship granted
to Thomas K. Jackson for minor heirs of EK Collins, and
bond set at $160.
- JW Meeks, Ordinary
April Term 1893
Matter of WHW Gurley
and John Cochran’s application for Letters Administration
on the estate of Henry
Cochran, deceased, continued until May term.
Ordered that AB Rogers
be appointed Clerk of the Court of Ordinary.
April 3,
1893 - JW Meeks, Ordinary
Page 84
Petition of Avarilla
Teague, widow of William M. Teague, deceased, who departed
this life on the ___
of _____ 1893 leaving surviving him your petitioner and
____ minor children,
aged respectively ________________ and _____ years and
requests Years Support
and that five discreet persons be appointed for the
purpose of setting
apart and assigning same. This
April 13, 1893 - Avarilla
Teague
Ordered that DA Byers,
JB Poindexter, Wesley Conley, James Nicholson and Alfred
Bruce be appointed
commissioners to lay off and assign Twelve Months Support for
Avarilla Teague, widow
of William M. Teague, deceased. April
12, 1893 - JW
Meeks, Ordinary
Page 85
Report of above appraisers.
Page 86
May Term 1893
Petition of TJ Butt,
Guardian of the minor heirs of JG Butt, deceased, shows
that he has in his
possession a lot of corn rye and some tops and fodder
belonging to said
minors arising from rents collected, and requests
authorization to sell.
May 1, 1893 - TJ Butt, Guardian
Leave to sell granted
- May 1, 1893 - JW Meeks, Ordinary
Page 87
Now
comes a majority of the heirs at law of HP Cochran and caveat the granting
of Letters of Administration
on the estate of said HP Cochran, deceased, to WHW
Gurley and John M.
Cochran for the following reason to wit:
Because
the said WHW Gurley is a stranger to said estate, both by blood and
marriage and it was
the request of the HP Cochran that he should have no control
over his effects in
any (way?) after he was dead and because he is otherwise
incompetent.
Because
John M. Cochran is wholly incompetent to manage and conduct the affairs
of said estate, he
being unable to read and write and being otherwise
incompetent.
Your
caveators suggest and recommend the court as a fit and suitable person
to
be appointed, we want
George W. Cochran and pray his appointment.
He being able
to give necessary
bond &c and your petitioners will ever pray
S/ JB Cochran, RJ
Garrett, VA Cochran, Martha Vanzant, Lou Cochran, Nancy
Cochran and Fannie
McCollum.
Upon considering the
within application and being no objection, it is ordered
and adjudged by the
court that George W. Cochran be and is appointed
Administrator of the
estate of Henry P. Cochran, upon his giving bond in the sum
of $3000 and taking
the oath prescribed by law. May
1, 1893 - JW Meeks, Ordy.
Page 88
Petition of Sarah
T. Gurley, widow of James Gurley, Sr., deceased, who departed
this life on the 9th
day of August 1892, leaving surviving him petitioner and
three minor children;
Fannie, Mattie, and Lilly; that Benjamin T. Gurley is the
duly constituted Executor
of the estate and she requests a Year’s Support set
aside from the estate.
May 1, 1893 - ML Ledford Petitioner’s Atty.
Ordered that WB Shipp,
YJ Thomason, John Thomason, JS Carden and WA Seabolt be
appointed appraisers
on the estate of the above. May
1, 1893
Page 89
Report of above commissioners.
Court of Ordinary
- May Term 1893 - In the matter of WHW Gurley, application for
Administration.
Upon considering the within application, it is ordered that the
same be dismissed
and that WHW Gurley pay into court the sum of $3.80 costs.This
May 1st, 1893 - JW
Meeks, Ordy.
Page 90
Ordinary’s
Office of said County - In vacation - Ordered that LW Gilreath,
Marcus McClure, William
Davis, Boyd Gurley, Mat Gouch, freeholders of said
county be and are
hereby appointed appraisers of the estate of Henry P. Cochran,
deceased and that
the usual warrant issue. May
26, 1893 - JW Meeks, Ordinary
GB McBee qualified
as JP of the 1050th Dist. GM - July 6, 1894
TN Miller, JC Erwin
and TD Rogers qualified as Jury Commissioners of Union
County - August 6,
1894
MJ Ingram qualified
as NP of the 995 Dist. GM - April 20, 1892
EL Sullivan qualified
as Member of Boones? County Commrs. - November 17, 1894
James Souther qualified
as JP 966th Dist GM - January 18, 1895
McG. Caldwell qualified
as JP of the 1147th Dist GM - March 7, 1895
AB Butt qualified
as JP of the 865th Dist GM - March 2, 1896
(Note at the bottom
of this page says “See Page 116”)
Page 91
Petition of James
Jones, Mrs. Charles Hughes and Mrs. Coffee, heirs at law of
Wilson Jones, deceased,
shows the following facts to wit:
Heretofore at the
February Term 1891
of said court of Ordinary, IW Queen as Executor of the LW&T
of said Wilson Jones,
deceased, offered said will for probate in solemn form and
obtaining an order
declaring the same so probated. Your
petitioners aver that
said will was improperly
and illegally probated and said order inadvertently
granted.
That the heirs at law of deceased as aforesaid were not notified
as
the law requires,
and that owing to the fact of such failure of the part of said
Executor to give them
proper and legal notice, they were prevented from
appearing at said
court and offering their objections to the probate of said
will.
Your petitioners aver that said will was improperly obtained from
said
deceased and that
he was at the time of the making and signing of said will of
unsound mind and memory
and that said will is void. Wherefore
petitioners pray
that said order declaring
said will probated in solemn form be vacated and set
aside and that to
that end a rule nise do issue requiring the said IW Queen,
Executor, as aforesaid,
to show cause at the next term of Ordinary Court to be
held on the 1st Monday
in June next 1893 why said order should not be vacated
and set aside, and
said heirs have an opportunity to file their objections, if
any they should desire
to make, and your petitioners will ever pray &c - CJ
Wellborn, Jr.,
Petitioners’ Atty.
To IW Queen, Executor
of the Estate of Wilson Jones, deceased:
You are hereby
commanded to be and
at the next term of the court of Ordinary to be held in and
for the said county
on the 1st Monday in June next 1893, then and there to show
cause why the order
as prayed for in the foregoing petition asking that order
declaring said will
probated be vacated and set aside and requiring you to offer
the will of Wilson
Jones, deceased, for probate again should not be granted.
May 16, 1893 - JW
Meeks, Ordinary
Page 92
Petition of Benj.
Teague shows that he is next of kin and choice of the minor
heirs of William M.
Teague, deceased; Laura, Highly and John Teague, who have
about $200 belonging
to them from the estate of William M. Teague, decd, and
that it is necessary
that a Guardian be appointed to receive said sum of money
to be distributed
among said heirs, and petitioner desires to be appointed
guardian of said heirs.
June 6, 1893 - Benj. Teague, Petitioner
Ordered citation issue
in terms of the law and be published in the Blairsville
Herald. - June 6,
1893 - JWM, Ord.
In the case of James
Jones et al vs. IW Queen, executor - continued by consent
of both parties -
JWM, Ord.
Page 93
Petition of Lavinia
Bowls, an heir and legatee of the estate of Bently Harrison,
decd.
States Bently died in the year 1889, possessed of a large amount
of
property and that
one John W. Hughes was appointed administrator in the year
1890, and he has failed
and refused to dispose of estate, or pay over to the
heirs any part or
parcel of said estate. Asks
the court for a rule requiring
Hughes to show cause
at the July term of court, 1893, why he should not be
compelled to pay to
the heirs their share of the estate. - Lavina Bowles, by JH
Butt, her atty.
Ordered that John
W. Hughes appear at the next term of court to show cause why
he has not made settlement,
and he to be served personally. - June 7, 1893 - JW
Meeks, Ordinary
Page 94
In the matter of JV
Lance vs Avarilla Teague for 12 months support, continued
until next term of
court.
Petition of MJ Ingram
shows that James Gurley, Sr., died leaving a will in which
BL Gurley of NC was
nominated as Executor, that he qualified said will in common
form, that on this
the 3rd day of July 1893, by order of the judge of the
Superior Court of
said county he has been removed and your petitioner appointed
temporary receiver
of said estate, that said estate except as set forth above is
without a legal representative.
Requests citation issue to show cause why he or
some other suitable
person should not be appointed administrator.
MJ Ingram, Petitioner
Citation issued -
JW Meeks, Ordinary - Recorded July 3, 1893
Page 95
In the matter of James
Jones, et al vs IW Queen, Executor &c.
Upon hearing the
evidence and argument
of counsel in this case, it is ordered by the court that
the application be
and the same is denied. - JW Meeks, Ordy.
In the matter of Sarah
T. Gurley, 12 months support - Order issued - JWM, Ord.
In the matter of James
Jones et al vs IW Queen, Executor &c, The case being
dismissed and the
parties coming up and paying the costs within 4 days as the
law requires, it is
ordered that the papers in the case be transferred to the
Superior Court.
This July 6, 1893 - JW Meeks, Ordinary
Page 96
July Term 1893
Petition
of CJ Wellborn, Executor of the LW of RH Erwin, decd., shows that he
has in the discharge
of his duties reached a point where there might well be a
final settlement of
the affairs of said estate which petitioner regards as
collectible have been
collected and the residue will either have to be divided
in kind or disposed
of as insolvent. Some mineral
interests remain unsolved but
as the legatees of
said will are all of full age, they will likely be willing to
take title to said
interest without having the same disposed of at public sale.
While
much of the estate has been distributed, a considerable sum remains in
the hands of petitioner
which he cannot safely distribute without the direction
of the court.
An indebtedness of the husband of Mrs. CM Smith to her father’s
estate, aggregating
the sum of $1281 remains unpaid, which the other heirs
insist must be paid
out of her share of the estate under the terms of the will
and she refuses to
receipt for same indebtedness. This
controversy which has
existed for some years
and now exists, is the only obstacle to the distribution
of the remaining funds,
and as the parties have so far failed to agree,
petitioner prays that
all of said heirs to wit: CM Smith, MAE Smith, HA Erwin,
JC Erwin, WW Erwin
and JS Erwin be cited to appear before the Court of Ordinary
on the first Monday
in July next, for final settlement and your petitioner will
ever pray &c.
WE Candler, Atty.
for Petitioner
Ordered by the court
of Ordinary that the same be continued open until July 4,
1893.
This July 3, 1893 - JW Meeks, Ordinary
Page 97
Ordered that CM Smith,
MAE Smith, HA Erwin, JC Erwin, WW Erwin and JS Erwin,
legal heirs of the
will of RH Erwin, decd., be and appear before me at my office
on the 1st Monday
in July next and show cause, if any exist, why a final
settlement should
not then and there be made with CJ Wellborn, Executor of the
Will of RH Erwin,
as prayed for, and that each of said legatees be served with a
copy of this petition
and order at least 15 days before said 1st Monday in July.
JW
Meeks, Ordinary
July Term 1893
In Re - Settlement
by Executor of Robt. Erwin before Ordinary
Due and legal service
of notice on citation to appear for settlement of above
stated case, acknowledged
copy and all further notice waived.
This June 1, 1893
- Mrs. CH Smith.
Same as above - signed
by WW Erwin, JC Erwin, HA Erwin, JS Erwin and MAE Smith.
In the matter of Benj.
Teague application for Guardianship &c, continued until
August term of the
court of Ordinary. July 3,
1893 - JW Meeks, Ordinary
Page 98
The
legatees under the will of RH Erwin, deceased, make the following agreement
re the disposition
of the mineral and land interests belonging to the estate of
said decd., remaining
in the hands of the Executor, CJ Wellborn, to wit:
Said Executor shall
turn over to WW Erwin the title deeds of said estate to said
lands and mineral
interest and said WW Erwin as agent and attorney in fact for
said legatees, shall
proceed to convert said lands and mining interests into
cash on the best terms
and in the best interest and in the shortest time
possible, looking
to the best interest of all the parties interested.
We
further agree that
said Executor turn over to said WW Erwin all the evidence of
debt and choses in
action belonging to said estate which remain in his hands and
that said WW Erwin
is hereby empowered to collect the same or such parts thereof
as he may be able
and otherwise fully to manage same as may seem best to
himself.
Keeping in view the best interest of all the said legatees, the
said
WW Erwin after reserving
to himself reasonable compensation for the time and
trouble expended in
the execution of this trust, shall divide the net proceeds
of all the property
herein intrusted to him equally among the legatees to said
will who are now in
life.
In
witness whereof we have hereunto set our hands and affixed our seals,
This 4th day of July
1893. JC Erwin, HA Erwin,
MAE Smith, JS Erwin, CM Smith
I hereby accept the
foregoing trust and agree to execute the same to the best of
my ability.
WW Erwin
Attest - JW Meeks,
Ordinary
Page 99
July Term 1893
In the settlement
of the account of CJ Wellborn, Executor of RH Erwin, decd,
before the Ordinary
had in pursuance to legal notice to all the parties at
interest, the following
dispute arose to wit: WW Erwin, JS Erwin, JC Erwin, HA
Erwin and Mrs. MAE
Smith, legatees, and one side contends that under the will of
RH Erwin, their father,
their sister, Mrs. CM Smith is bound to pay the
indebtedness of her
deceased husband, SJ Smith, amounting to $1281, before she
receives any further
legacy or share of the estate. Mrs.
CM Smith on the other
side, contends that
under the will of her father she is not to settle any
indebtedness which
her husband owed her father out of her legacy in said estate.
She
claims that the sum undistributed to wit - $1281 should be paid to her
as
part of her legacy
without rebate setoff distribution by any indebtedness of her
husband.
All the parties at interest hereby agree that the fund of $1281
shall
be turned over by
CJ Wellborn, Executor, to EW Butt of said county, taking his
receipt for the same.
Said Butt to hold said funds without interest until the
next term of Superior
Court of said county, then and there to pay over or
dispose of said fund
according to the order or judgment of said Superior Court.
Now, furthermore,
the parties of interest by their respective attorneys do
hereby agree that
the issue or contention over the said sum of $1281 as herein
before set forth shall
be carried by appeal from the court of Ordinary to the
Superior Court to
be therein determined without a decision or judgment of the
court of Ordinary
and that said Ordinary transmit this agreement together with
all other papers pertaining
the issue in this case to the said Superior Court.
It witness whereof,
the said parties at interest and their attorneys have set
their hands and seals.
This July 4, 1893.
WW Erwin, JC Erwin,
HA Erwin, MAE Smith, MG Boyd, attorney for above parties -
CM Smith, JB Estolt?,
atty for Mrs. CM Smith.
Page 100
CJ Wellborn, Executor
of RH Erwin, deceased, requests Letters of Dismission. WE
Candler, Atty. for
CJ Wellborn
In the matter of Lavinia
Bowls vs John W. Hughes, Administrator on the estate of
Bently Harrison, deceased,
continued by consent of the attorneys on both sides,
until August Term
of the Court of Ordinary. This
July 4, 1893, JW Meeks, Ordy.
Page 101
In the matter of MJ
Ingram application for Letters of Administration on the
estate of James Gurley,
Sr., case continued until next term of court.
August Term 1893
On application of
Benj. Teague for letters of guardianship for minor heirs of
William M. Teague,
deceased, Laura, Martha, Highly and John Teague and it
appearing that citation
was duly published and objections having been filed to
Benj. Teague, it is
ordered by the court that James P. Teague be and is hereby
appointed guardian
of the person and property of Martha, Laura and Highly Teague
and that letters of
guardianship issue to him the said James P. Teague upon his
taking and subscribing
the oath and giving bond and security as required by law,
the amount which bond
is hereby fixed at $300. This
August 7th, 1893 - JW
Meeks, Ordinary
As to the guardianship
on John Teague, one of the minor heirs of William M.
Teague, deceased,
continued until next term of the court. - JW Meeks, Ordinary
Page 102
August Term 1893
Lavinia Bowles vs
JW Hughes, Administrator, estate of Bently Harrison, decd.
Complaint to show
cause. After hearing evidence
in the above, it appears to the
court that the defendant
has acted in good faith, that his actings and doings
are regular, it is
ordered and adjudged by the court that the defendant proceed
as formerly in the
administration of the estate. - JW Meeks, Ordinary
JV Lance vs Avarilla
Teague - Objection to Year’s Support
Upon hearing and considering
the report of the commissioners in this case, all
objections being withdraws,
and it appearing that proper citation has been
issued and published
in terms of the law. It is
ordered and adjudged by the
ocurt that the report
of the commissioners be made the judgment of this court
and go to record as
such, subject however to a mortgage note this day executed
by Mrs. Avarilla Teague
and the guardian of the minor heirs of Wm. Teague,
decd., purchase money
for the land set apart in the report, and upon which
William Teague has
given and executed a mortgage in his lifetime for the sum of
$86.70, said mortgage
and note given now in renewal of the one executed by Wm.
Teague, deceased,
being approved by me, this August 7, 1893.
JW Meeks, Ord.
Page 103
Petition of FM Duckworth,
administrator of Hozy C. Davis shows that as such
administrator, he
has fully administered said estate as will fully appear by
reference to his final
statement. Wherefore he prays
that citation do issue and
that he be discharged.
- WE Candler, Petitioner’s Atty.
Let citation issue
as prayed for - July 27, 1893 - JW Meeks, Ordinary
Page 104
Petition of John A.
McClure requesting Letters of Dismission on the estate of
James McClure, deceased.
Petition filed and
citation issue as requested - JW Meeks, Ordinary
Page 105
Petition
of Lavinia Bowles, a citizen of North Carolina, by her attorney, JA
Butt, shows the following
facts - Bently Harrison, late a citizen of said
county, departed this
life in the year 1890 at the time of his death was
possessed in his own
right of a large amount of property consisting of real
estate and personal
property amounting to several hundred dollars.
Petitioner
further shows that
one John W. Hughes of said county was appointed Admr. of the
estate in the year
1890 and that he has had ample time to wind up and finish the
business of the estate
and to pay over to the heirs their pro rata part of said
estate, but actually
by mercenary motives, he the said Hughes has failed and
still fails and refuses
to discharge the duties incumbent on him; and your
petitioner further
charges the said Hughes with willful fraud and mismanagement
by allowing the effects
of the estate to go to waste and appropriating the
effects of the estate
to the extinguishment of his own individual debts use and
benefits contrary
to law and greatly to the damage of the heirs at law of the
said estate.
Now
that justice may be done in the premises, petitioner asks your honor to
issue a rule requiring
the said John Hughes to show cause at the September term
of court 1893, why
he should not be removed from his said trust as such
administrator and
pay over to the heirs of said estate the amount what is
legally due them and
perform such other duties as the law requires in such cases
for the reasons set
forth in this petition. - Lavinia Bowles, by her Atty. JA
Butt
Page 106
In vacation
Upon reading and considering
the foregoing petition, it is ordered that John W.
Hughes, Admr. of the
estate of Bently Harrison, deceased, appear at the next
term of Ordinary court
to be held on the 1st Monday in September next 1893 and
show cause why he
should not make settlement wit the heirs at law of Bently
Harrison, decd. -
August 21, 1893 - JW Meeks, Ordinary
Page 107
September Term 1893
Upon hearing application
for administration on the estate of James Gurley,
deceased, it is ordered
considered and adjudged by the court that William Davis
be and he is hereby
appointed Administrator with the will annexed.
Upon his
giving a bond in the
sum of $2000 and taking the oath as required by law.
September 4, 1893
- JWM, Ord.
In the matter of the
Guardianship of John Teague, one of the minor heirs of
William Teague, deceased,
continued until next term of the Court of Ordinary -
JWM, Ord.
Page 108
October Term 1893
Personally appeared
before me, the undersigned, DB Walker, who, upon oath, says
that Elmira Walker
of said county is insane and has no guardian and that the
public safety demands
that said Elmira Walker should no longer be left at large.
Affiant
makes this affidavit that a warrant may issue in terms of the statute
in such cases, made
and provided - October 2, 1893 - DB Walker
Whereupon it is ordered
by the court that a warrant and commission to jury do
issue and be executed
- October 2, 1893 - JW Meeks, Ordinary
Return of Jury:
To JW Meeks, Ordinary:
The undersigned commissioners appointed to inquire into
the mental condition
of Elmira Walker, report that in pursuant to instructions
contained in commissioners
for that purpose, on the 2nd day of October, 1893.
We have examined and
investigated by evidence on oath as to the mental condition
of said Elmira Walker.
Now after said investigation, the undersigned are
satisfied that said
Elmira Walker is insane and so report to your honor, this
the 2nd day of October
1893. AD McCravy, MD, James
K. Duncan, James G. Fields,
JW Jones, AF Christopher,
SJ McGee John C. Carroll, JE Christopher, RH Erwin, TD
Rogers, John Haralson
and TG Kelly
Upon the hearing of
the facts in this case, it is adjudged by the court that
Elmira Walker of said
county is a pauper lunatic and that she be committed to
the Lunatic Asylum
at Milledgeville, Ga., and that commitment do issue.
Granted, this 2nd
October, 1893 - JW Meeks, Ordinary
Page 110
In vacation
Ordered that WB Shipp,
John Thomason, William Gilreath, Nathan Cochran and James
Cavender, freeholders
are appointed appraisers of the estate of James Gurley,
Sr., deceased and
that the usual warrant issue. October
4, 1893 - JW Meeks,
Ordinary
Personally appeared
before me the undersigned Mary L. Walker who upon oath says
that John W. Walker
is insane and that public safety demands that said John W.
Walker should no longer
be left at large. Affiant
makes this affidavit, that a
warrant may issue
in terms of the law and statute in such case made and
provided.
Mary L. (herXmark) Walker
Whereupon it is ordered
by the court that a warrant and commission to jury do
issue and be executed.
This October 5, 1893 - JW Meeks, Ordinary
Page 111
The
undersigned commissioners appointed to inquire into the mental condition
of
John W. Walker, report
that in pursuance of instructions contained in the
commission to them
directed for that purpose, on the 5th day of October, 1893,
they examined by inspection
said John W. Walker and heard and examined witnesses
o oath as to his mental
condition.
After
said inspection and examination of witnesses, the undersigned are
satisfied that the
said John W. Walker is insane and so report to your honor.
This October 5, 1893
- Signers: FJ Erwin, MD, AL
England, John Haralson, AF
Wellborn, SV Bennett,
WM Killian, AB Rogers, Peter Bennett, JG Fields, ED
Rogers, NY Reid and
Newt Watkins
Upon the hearing of
the facts in this case, it is adjudged that John W. Walker
of said county is
a pauper lunatic and that he be committed to the Lunatic
Asylum at Milledgeville,
Ga., and it appearing that said John W. Walker should
not be left at large,
it is further ordered that he be confined in the common
jail of said county
until he can be removed to said asylum.
This October 5,
1893 - JW Meeks, Ord.
Page 112
Application of CJ
Wellborn for Letters of Dismission on the estate of RH Erwin,
deceased, and same
issued- October 6, 1893
In the matter of Lavina
Bowles vs John W Hughes, administrator of the estate of
Bently Harrison, deceased,
continued until November term of the court of
Ordinary. - October
6, 1893 - JW Meeks, Ordinary
Page 113
James P. Teague appointed
Guardian of the property of John Teague, minor heir of
William Teague, deceased,
after giving bond of $100. October
2, 1893, JWM
Page 114
Application for Letters
of Dismission on the estate of Sarah Lewis, deceased, by
Larkin Lewis, executor.
WE Candler, Atty for Larkin Lewis
Citation issued -
JW Meeks, Ordinary
Page 115
In vacation - October
19, 1893
It appearing that
there is now a vacancy in the office of the Clerk of the
Superior Court of
Union County, caused by the lunacy of John W. Walker, it is
ordered by the court
that an election be held in said county on the 15th day of
November 1893 for
the election of same, to fill the unexpired term of office of
John W. Walker and
that it be published in the Blairsville Herald and posted at
three or more public
places in the county, twenty days before the 15th day of
November.
Granted.
John W. Meeks, Ordinary
Page 116
RM Deaver qualified
as NP ex JP 843rd Dist GM - April 29, 1896
MJ Ingram qualified
as NP ex JP 995th Dist GM - May 2, 1894
WR Duncan qualified
as NP ex JP 1162nd Dist GM - May 5, 1896
Thomas Henderson qualified
as NP Ex JP 1024th Dist GM - May 5, 1896
Thomas Christopher
qualified as Member of Board of Education June 6, 1896
Term expires May 1898
David A Byers qualified
as Member of Board of Education June 30, 1896
Term expires May 1900
WY Curtis qualified
as Member of Board of Education June 30, 1896
Term expires May 1900
HL Henson qualified
as NP 834th Dist GM - December 21, 1896
FE Conley qualified
as NP of the 843rd Dist GM - January 5, 1897
McG. Caldwell qualified
as JP of the 1147th Dist GM - January 18, 1896
MG Hill qualified
as JP of the 1024th Dist. GM - January 18, 1897
Wyly T. Sullivan qualified
as NP of the 1050th Dist Gm - December 28, 1896
Owen May? qualified
as NP of the 1409th Dist GM - January 21, 1897
(Note at bottom of
this page says “See Page 237”)
Page 117
blank
Page 118
In vacation - October
25, 1893
Petition of Charlie
E. Rich shows that Lula Reece and Ora Reece are minors over
14 years, that they
have an estate in land to the amount of 80 acres, the value
of $200 coming to
them from the estate of their mother Eliza H. Chastain, late
of said county, deceased,
and that the said Lula Reece and Ora Reece have chosen
your petitioner to
act as the guardian of their persons and their property.
Requests order appointing
him Guardian. - Charlie E. Rich, petitioner
To JW Meeks, Ordinary
of said county:
We, Lula Reece and
Ora Reece, in the exercise of our legal right being over
fourteen years of
age hereby select Charlie E. Rich to be appointed the guardian
of our persons and
property and respectfully ask that he be appointed.
This
25th day of October
1893 S/Lula Reece, Ora Reece
Page 119
Appointed Charlie
E. Rich guardian of above - October 25, 1893 - JW Meeks,
Ordinary
Page 121
Petition of TJ Butt,
guardian of property of Walter R., Albert E. and Edgar G.
Butt, minor heirs
of John G. Butt, deceased. States
that the minors are
permanent citizens
of the state of Colorado and desire to remain there.
Requests Leave to
Sell property for distribution to the heirs. - TJ Butt,
Guardian, Petitioner
Ordered that citation
issue requiring all persons to show cause at the December
term 1893 of this
court why an order should not be granted.
JW Meets, Ordinary
Page 122
Petition of John W.
Hughes, admr. of estate of Bently Harrison, decd. requests
Leave to Sell lands
of estate for distribution.
Ordered citation issued
and published - JWM, Ord.
Page 123
Petition of GW Cochran,
admr. of estate of HP Cochran, decd., requests Leave to
sell personal property
of the estate. November 21,
1893
Ordered citation issued
and published - JWM, Ord.
Page 124
Petition of Mary A.
Ballew, one of the next of kin of John C. Ballew, deceased,
shows that he departed
this life on or about the 13th day of August, 1891,
intestate, leaving
real property in the county in the probable value of $100,
and that the 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 to the
heirs. Requests citation to
issue and be published, and
that she be appointed
permanent administratrix of the estate.
December 4, 1893.
Mary A. Ballew, Petitioner
Ordered citation issued
and be published as required by law.
December 4, 1893 -
JW Meeks, Ordinary
Page 125
Petition of JP Teague,
the paternal uncle of George M Teague and Desser Teague,
minor heirs of William
Teague, deceased, represents the following facts to the
court, to wit:
The said minors had set apart to them in conjunction with other
heirs a twelve-months
support out of their father’s estate, in common with their
mother, and since
the setting apart of the said twelve-months support, their
mother has married
and the interest that the above named heirs has in said
support is likely
to be squandered and wasted. Your
petitioner therefore asks
the court to require
a bond from Avarilla Little, the mother of said minor
children for the faithful
performance of her duty as natural Guardian of said
minor children.
JP Teague, Petitioner
Ordered that the said
Avarilla Little, natural guardian for George M. and Desser
Teague, be and appear
at the next term of the court of Ordinary for said county
to be held on the
1st Monday in January next, then and there to show cause why
she should not make
bond as prayed for. And it
is further ordered that a copy
of this petition and
order be served personally upon the said Avarilla Little at
least ten days before
the next term of said court. December
4, 1893 - JW Meeks,
Ordinary
Page 126
December Term 1893
Notice of application
for leave to sell the lands belonging to the heirs of John
G. Butt, deceased.
- December 4, 1893 - JW Meeks, Ordinary
Lavina Bowles vs John
W. Hughes, Admr. - Rule Nisi
Now come JA Butt,
Atty. for Lavina Bowles and agrees that the above stated case
be dismissed by the
defendant John W. Hughes, admr., giving additional security
and paying the cost
of this proceeding, and be dismissed from said
administration. -
JW Meeks, Ordinary
Page 127
To all whom these
the presents shall come be seen - Greeting
Know
ye, that on the 15th day of November 1884, that John A. McClure of the
county of Union was
duly qualified as Administrator of the estate and effects of
James McClure, deceased,
stated on the 10th day in August that he had fully
administered estate,
and prayed that he be discharged from said administration,
and it appearing that
that notice has been published, as by law required adn
that no objection
was made thereto,
It
is ordered that the said John McClure be discharged from all claims
whatsoever relative
to his administration on the estate and effects of said
James McClure, deceased.
Witness
my hand as ordinary, and the seal of the said court, this 4th day of
December 1893 - JW
Meeks, Ordinary
Page 128
JG Rogers filed his
application for homestead and exemption November 7, 1893.
Notice published and
notices mailed to creditors November 20, 1893.
Approved
and handed to clerk
of Superior Court. December
4, 1893 - JW Meeks, Ord.
In the matter of the
petition of FM Duckworth for letters of dismission on the
estate of Hozy C.
Davis, continued until January Term of court.
December 4,
1893 - JWM, Ord.
Leave to sell real
estate of Bentley Harrison granted to administrator, John W.
Hughes. December 4,
1893 - JW Meeks, Ordinary
(Next page is 129
and begins the January Term of Court, 1894)
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This page was last updated on Aug. 4, 2002