CHATTAHOOCHE COUNTY, GA - COURT OF ORDINARY 1882-1890 (Misc pages) Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Carla Miles grmiles1@bellsouth.net Table of Contents page: http://www.usgwarchives.net/ga/chattahoochee.htm Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm Chattahoochee County Court of Ordinary June Term 1882 Pages 507 and 508 The Court pursuant to adjournment on Monday morning the 5th of June 1882 - James Castleberry, Ordinary present Having borrowed of Emory Jefferson One Hundred dollars to defray the necessary expenses of the County it is ordered that a warrant be drawn on the County Treasurer for the sum of One Hundred dollars with one per cent interest per month in favor of said Emory Jefferson in payment of the same. James Castleberry, Ordinary The Return of J.L. Matthews Trustee for M.I. Nicholson, made on the 27th day of April 1882, having been filed in office thirty days as required by law and said return having been examined and found correct, it is ordered that said return be allowed in full and admitted to record. James Castleberry, Ordinary At Chambers June 10 D.J. Fussell having presented an a/c for coffin for Riley McLest(name cut off) and it appearing that said Riley died without any means; It it ordered by the Court that an appropriation of Three dollars be made from the Pauper fund and that a warrant be drawn on the County Treasurer for said amount in favor of said D.J. Fussell in payment of said account. James Castleberry, Ordinary June 16 R.C. Patterson having taken up a certain female goat on his free- hold appraised of the value of Seventy five cents and described by J.S. Fincher and W.T. Roberts freeholders of said County of brown or yellow color, 8 or 10 months old and allowed said taken up 2 ˝ cents per day from the 10th inst for caring for said goat and it appearing to the Court that said goat is not of sufficient value to defray the expense of advertisement: Therefore ordered by the Court that said goat be sold on the freehold of the said R.C. Patterson in the 787th District of said County by the lawful constable of said District on the 27th day of June 1882 and that notices of said sale be posted at the Courthouse door in Cusseta and at the Courthouse door of said 787th District G.M. for ten days before the day of sale. James Castleberry, Ordinary June 21 L.F. Fielder having filed in office his bond as Constable of the 1107th District G.M. with W.P. Fielder and Thos DeWolf as securities, it is ordered by the Court that said bond be approved and recorded; and he also having taken the official oath, further ordered that a certificate of these facts issued to him in lieu of commission. James Castleberry, Ordinary Chattahoochee Court of Ordinary At Chambers June 21st 1882 Georgia, Chattahoochee County I L.F. Fielder do solemnly swear that I will duly and faithfully perform all the duties required of me as Constable of the County of Chattahoochee according to the best of my ability and understanding, so help me God. I do further swear that I am not the holder of any public money due this state unaccounted for, that I am not the holder of any office or trust under the Government of the United States (except Postmaster) nor either of the Several States, nor any foreign State, and that I am otherwise qualified to hold the office of Constable according to the Constitution and laws of Georgia and that I will support the Constitution of the United States and of this State, so help me God. L.F. Fielder Sworn to and subscribed before me this 21st day of June 1882 James Castleberry, Ordinary Chattahoochee Court of Ordinary July Term 1882 The Court met pursuant to adjournment on Monday morning the 3rd day of July 1882 - James Castleberry, Ordinary present. There being no business Court adjourned - James Castleberry, Ordinary The following sentence was written below - written over it was the word error: (G.M. Osteen administrator for de bonis non cum testamento annex of B.A. Fussell deceased made on the 27th day of June 1882) At Chambers July 7th 1882 Having borrowed Emory Jefferson Fifty dollars to meet the present current expenses of the County, it is ordered by the Court that a warrant be drawn on the County Treasurer in favor of said E. Jefferson with one per cent interest per month in payment of said amount. James Castleberry, Ordinary July 13th Having been officially notified that the authorities of Talbot County have rebuilt the line bridge across Upatoie creek near Box Springs for the sum of One Hundred and Seventy Five 50/100 dollars, and it further appearing that it is proportion to the amount of the taxable property of this County and that Chattahoochee pro rata of said amount is Fifty One 25/100 dollars, it is ordered that a warrant be drawn on the County Treasurer of this County in favor of W.E. Ragland County Treasurer of that County for the sum of Fifty One 25/100 dollars in payment of Chattahoochee’s pro rata of said amount laid out and expended by Talbot County. James Castleberry, Ordinary Chattahoochee Court of Ordinary At Chambers May 21st 1883 Page 540 Ordered that a warrant be drawn on the County Treasurer in favor of John Stephens for the sum of nine 92/100 dollars in payment of balance account due him. James Castleberry, Ordinary Ordered that a warrant be drawn on the County Treasurer in favor of J.P. & L.E. Brooks for the sum of ten dollars for 3 ˝ days services in clearing rafts which were endangering the bridge near Bagley’s on Hitchitee creek. James Castleberry, Ordinary State of Georgia, Chattahoochee County I, W.P. Fielder do solemnly swear (or affirm) that I will well and truly perform the duties of Notary Public and ex-officio Justice of the Peace (under the authority granted by Paragraph I and Section VIII Article VI of the Constitution) of the 1107th District GM Chattahoochee County to the best of my ability so help me God. I do further swear that I am not the holder of any public money due this State unaccounted for; that I am not the holder of any office under the Government of the United States nor either of the several States, nor any foreign State and that I am otherwise qualified to hold said office according to the Constitution of the United States and Constitution and laws of Georgia, and that I will support the Constitution of the United States and of this State so help me God. Sworn to and subscribed before me W.P. Fielder This the 12th day of May 1883 James Castleberry, Ordinary In re Mary L. Roberts (Homestead & Exemption - May 22, 1883 - Continued until 24th Instant) James Castleberry, Ordinary Ordered that a warrant be drawn on the County Treasurer in favor of James Mizzells for the sum of two dollars for temporary support. James Castleberry, Ordinary May 24th 1883 It appearing to the Court that citation has been published and other legal notices served In Re - Mary L. Roberts - Homestead Exemption and no objections being filed. Ordered by the Court that the Schedule of personally with sunry on Return be approved and that the whole proceedings be passed to the Clerk of the Superior Court for record. James Castleberry, Ordinary Chattahoochee Court of Ordinary April Term 1884 Page 577 (The beginning of the following statement must have been on page 576. It would be nice to know the name of this road.) that the parties, through whose land said road has been laid out have been legally served with the notice required by law. It is therefore ordered that said road be and it is hereby established as one of the Public roads in said County. And it is further ordered that the Commissioners of the 1107 District GM the same being a Road District of said County, be furnished with a certified copy of this order; and said Commissioners are hereby ordered, directed and required to have said road opened and an overseer appointed and hands apportioned for the same. James Castleberry, Ordinary Georgia Chattahoochee County 1107 GM District I swear that I will duly and faithfully perform all the duties required of me as Constable of the County of Chattahoochee according to the best of my ability and understanding - so help me God. Sworn to and subscribed before me M.L. Fielder This 16th day of April 1884 W.P. Fielder N.P. & Ex off J.P. Filed in office 17th April 1884 James Castleberry, Ordinary State of Georgia, Chattahoochee County I W.T. Wooldridge, do swear that I will administer justice without respect to persons and do equal rights to the poor and the rich; and that I will faithfully discharge all the duties incumbent upon me as a Justice of the Peace for the County of Chattahoochee agreeably to the Constitution and laws of this State and according to the best of my ability and understanding - so help me God. I do further swear that I am no the holder of any public money due this State unaccounted for that I am not the holder of any office or trust under the Government of the United States (Except Postmaster) nor either of the several States, nor any foreign State; and that I am otherwise qualified to hold said office according to the Constitution and Laws of Georgia, and that I will support the Constitution of the United States and of this State, so help me God. Sworn to and subscribed before me this W.T. Wooldridge 21st day of April 1884 James Castleberry, Ordinary Filed in office 21st April 1884 Chattahoochee County, Georgia Court of Ordinary Minutes Book D-2 Page number is cut off copy Georgia Chattahoochee County To the Honorable Court of Ordinary of said County The petition of the American Mortgage Co. of Scotland Limited respectfully showeth that Wm P. Fielder deceased late of said County is indebted to your petitioner in the sum of Nine Hundred dollars, besides interest and attorneys fees on a note dated December 28th 1882 and that there is no administrator upon the estate of said deceased. Wherefore your petitioner prays your honor that the sheriff of Chattahoochee County, Ga. be appointed as such administrator as provided by statute in such cases. This July 11, 1889 W.E. Simmons, Ptrs Attorney Chattahoochee Court of Ordinary September Term 1889 In the matter of the American Mortgage Company of Scotland Limited for application to have permanent letters of administration granted to L. Harp Sheriff of said County upon the Estate of Wm P. Fielder dec’d. And now comes Susannah Fielder, widow of said deceased and caveator the granting permanent letters of administration to the Sheriff of said County upon the following grounds because she is the widow of said deceased and entitled to said administration under the law. Therefore she prays the letters be granted to her instead of to said Sheriff. Susannah Fielder, Caveator Entered on Minute Book “D”, pages 104 & 107 State of Georgia Chattahoochee County To the Hon. The Court of Ordinary of said County - The petition of Susannah V. Fielder respectfully showeth that William P. Fielder late of said County departed this life on the 31st day of May 1889 leaving your petitioner his widow and two minor children surviving him and she prays your honorable court in conformity with the statute in such case made and provided to appoint five discreet and proper persons to act as appraisers in setting apart to your petitioner and her two minor children as aforesaid, the sum necessary in their judgement for support and maintenance for the space of twelve months from the death of the said William P. Fielder of your petitioner and her children either in money or such property as be selected by your petitioner as a fair valuation to be made by said appraisers. And also to set apart a sufficient amount of household furniture for the use of your petitioner and her children. And further to require said appraisers to return to you for record their proceedings and petitioner will ever pray. Susannah V. Fielder, Ptr B.F. McLaughlin, Petrs Atty Entered on Minute Book “D”, pages 107 & 112 In Re Est J.F. Schley Filed in office 29th day of April 1889 - James Castleberry, Ordinary Georgia Chattahoochee County The petition of the undersigned a citizen of said State and County and one of the next of kin of J.F. Schley late of said County deceased shows that said deceased departed this life on the 20th day of April 1889 and as she believes intestate leaving property real and personal lying and being in said County of the probate value of Five Thousand dollars, and that said estate should be administered upon the purpose of collecting the assets of said estate and also 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 be appointed the permanent adminstratrix of the Estate of said deceased. This 29th day of April 1889. Lillie Schley Entered on Minute Book “D”, Pages 102 & 204 Chattahoochee Court of Ordinary - September Term 1889 Page 107 The Court met in pursuance of law on Monday morning 2nd day of Sept. 1889 James Castleberry, Ordinary present The Return of Jas. A. Farr, Executor of Tillman Farr, deceased, made on the 1st day of July 1889. Having been field in office thirty days as required by law and caveated by Mrs. Mattie Flanagan et al and the hearing of the same having been regularly continued from the August Term and being called in its order by consent of parties it is ordered that said Caveat be sustained as to all the allegations therein made except the account for rent of land due 25th December 1888 for $40.00 be reduced to the sum of $28.00 and the account for rent of Mule for $25.00 due 25th Dec. 1888 be overruled and that the item of $50.00 for Commissions abide final calculations for settlement and that said Return be amended to conform to this order of the Court and when so amended that it be allowed and recorded. James Castleberry, Ordinary Re Estate W.P. Fielder, dec’d Application to vest the administration on the Sheriff - In Chattahoochee Court of Ordinary September Term 1889 In the matter of the application for Letters of administration on the Estate of Wm P. Fielder, deceased, to be vested in the Sheriff of said County and Susannah V. Fielder Caveator. Upon hearing the above stated case, it is adjudged by the Court that letters of administration upon the estate of said deceased issue to Susannah V. Fielder upon her taking and subscribing the oath and giving the bond required by law. The amount of which bond is hereby fixed at two thousand dollars. Sept. 2nd 1889 James Castleberry, Ordinary In Re - Est Wm P. Fielder Application for twelve months support - Sept. 1889 Upon the foregoing application of Susannah V. Fielder, the widow of William P. Fielder, deceased, for the appointment of appraisers to set apart to said widow and her two minor children, a sum necessary for their support and maintenance for the space of twelve months, out of the Estate of said William P. Fielder, deceased; And also, to set apart for the use of said widow and children a sufficient amount of household furniture, it is ordered that Thos. DeWolf, T.J. Bradford, J.W. King, S.J. Weed and S.D. McMurrain be and they are hereby appointed appraisers and they or a majority of them, are hereby empowered to set off and assign to the said Susannah V. Fielder, widow of William P. Fielder, deceased, late of said County and her two minor children, our of the Estate of said deceased a sum of money necessary for the support and maintenance of said widow and children of the space of twelve months and also, a sufficient amount of household furniture for the use of said widow and children. And the sum so set apart, as aforesaid to be either in money or such property as the said widow may select at a fair valuation to be made by said appraisers. Further ordered that said appraisers return to me for record all their proceedings in the premises. James Castleberry, Ordinary Chattahoochee Court of Ordinary - September Term 1889 Page 108 In Re - Est ?ary A. Crew Jr. (beginning of name was cut off copy) Application to vest the administration on the Sheriff In the matter of the application of W.F. Hammett to have the administration in the above stated case vested upon the Sheriff - it appearing to the Court that citation has been duly issued and published in terms of the law, and no objections having been filed in the premises, it is ordered by the Court that letters of administration on said estate issue to L. Hart, Sheriff of said County upon his giving bond and security to be judged of by the Court in the sum of six hundred dollars and upon his taking the usual oath. James Castleberry, Ordinary In Re - Est Caroline King Probate will in common form of law Having read and considered the petition of W.K. Wilkinson, nominated executor of the last alleged will of Caroline King, deceased, duly filed and it having been supported by proper proof of D.J. Fussell and C.N. Howard, witnesses to said will, that the said Caroline King, died a resident of said County that they and the other witness J.E. Chapman saw her sign and heard her publish the alleged will as her own last will that they attested the same as witnesses at her request and in her presence with J.E. Chapman so attesting also at her request, that the said Caroline King was at the time of said signing and attestations of sound and disposing mind and memory, and did in the Execution of said will act freely and voluntarily; It is ordered that the same be duly recorded having been duly proven in common form and that letters testamentary issue to him upon his taking the usual oath of office. James Castleberry, Ordinary The Return of W.E. Miller, Administrator of the Estate of H. Miller, deceased, made on the 20th day of July 1889 having been duly filed in office thirty days as required by law, and upon examination said Return appearing correct and no objections being filed in the premises, ordered that said Return be allowed and recorded. James Castleberry, Ordinary In Re - Est W.P. Fielder In the matter of the application of Mrs. Susannah V. Fielder admtrx W.P. Fielder, deceased. Ordered that Thos. DeWolf, T.J. Bradford, J.W. King, S.J. Weed and S.D. McMurrain be and they are hereby appointed appraisers of the estate of the said W.P. Fielder deceased. Also further ordered that a warrant be issued to them directing and requiring them to discharge the duty aforesaid. James Castleberry, Ordinary Chattahoochee Court of Ordinary - September 1889 to February 1890 Book D-2 Court of Ordinary Minutes, Pages 143-144 In Re Est Caroline King Filed in office 28th Aug 1889 - James Castleberry, Ordinary Georgia Chattahoochee County To the Honorable Court of Ordinary of said County - The petition of W.K. Wilkinson a resident of said County and one of the nominated executors of the last will of Caroline King also a resident of said County who died on the 26th day of Aug. 1889 owning an estate consisting of real and personal property situate in said State and the State of Alabama disposed of by said will and which remains to be administered respectfully shows that said Caroline King died testate that her will is hereby presented for probate at the regular term of the Court of Ordinary of said County in common form. That your petitioner is named in said will as one of the executors. Wherefore your petitioner prays leave to prove said will in common form and the issuing to him of letters testamentary upon his taking the oath of office. W.K. Wilkinson Aug. 28th 1889 Entered on Minute Book “D”, pages 106 & 108 In Re Est W.F. Molder Filed in office Nov. 4th 1889 - James Castleberry, Ordinary Georgia Chattahoochee County To James Castleberry Ordinary for said County - The petition of Missouri S. Molder shows that William F. Molder last of said County departed this life on the 20th day of October 1889 after having made his last will and testament wherein your petitioner is made the only heir of his estate. Your petitioner produces said will in court and prays that the same may be admitted to record upon the proof thereon in common form of law. And petitioner is duty bound & c- Nov 4th 1889 M.S. Molder Entered on Minute Book “D”, page 110 In Re Est Wilson Gordy Application for Probate Will Filed in office 3rd day of Feby 1890 - James Castleberry, Ordinary Georgia Chattahoochee County To James Castleberry Ordinary of said County The petition of Martha J. Gordy shows that Wilson Gordy late of said County departed this life on the 21st day of Jany 1890 after having made his last will and testament wherein your petitioner is nominated the Executrix. Your petitioner produces said will in open court and prays that the same may be admitted to record upon the proof thereof in common form and that letters testamentary issue to her in terms of the law. Your petitioner would further show that the said Wilson Gordy after the making publishing and the declaring of his said last will, that the said Wilson Gordy in due form of law made, executed, published and declared a codicil to said will and attached is thereto. Petitioner also prays that said codicil be probated as a part and parcel of said last will of the said Wilson Gordy. Martha G. Gordy Georgia Chattahoochee County We, John Stephens and E.J. Wynn do swear that we as well as Lamar Griffin, C.J. Shipp and W.D. Chapman saw the within named Wilson Gordy sign and publish the paper hereto attached as his last will and testament and that we subscribed the same as witnesses thereto at his special instance and request of the said Wilson Gordy and in his presence, as did also Lamar Griffin, C.J. Shipp and W.D. Chapman. That the said Wilson Gordy signed the same freely and voluntarily and was, at the time of such signing of sound mind and disposing mind and memory. E.J.Wynn John Stephens Sworn to and subscribed before me 3rd Feby 1890 James Castleberry, Ordinary