Jasper County GaArchives Photo Document.....Kitchens, Charles-Petitions, To Probate Will, Etc. June 1869
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File contributed for use in USGenWeb Archives by:
Larry Knowles http://www.genrecords.net/emailregistry/vols/00012.html#0002854 February 16, 2005, 6:46 pm

Source: "Kitchens vs Kitchens"-Georgia Supreme Court file, GA State Archives
Photo can be seen at:
http://www.usgwarchives.net/ga/jasper/photos/documents/gph1884kitchens.jpg
Image file size: 150.1 Kb

"Kitchens vs Kitchens"-Georgia Supreme Court file, Georgia State Archives
[Page 1 of 3]

These petitions are part of an extensive file found in the Georgia Archives. In 
effect, the Georgia Supreme Court file, "Kitchens vs Kitchens"-October Term 
1869, represents a transcript of the final appeal made in Jasper Co. Superior 
Court(December 1868?)to overturn the will of Charles Kitchens. The original
"loose papers" from Jasper County Superior Court still exist(Archives)but are 
greatly damaged by water. 

Initially, Charles Kitchens' estate was processed as "intestate", though the 
widow said there was a will, which had apparently been stolen. For some reason 
letters of administration were denied her, and Jeese M. Owens was appointed; an 
inventory was taken and distributions were made. Sometime thereafter, Elizabeth 
produced a copy of the will, which was presented in September Term-1865. It was 
proven in October 1867. Immediate appeals failed and the case was carried to 
the Georgia Supreme Court, where the lower court decision was affirmed.

Because Elizabeth was so much younger, it is thought that Charles perhaps had 
older children from previous marriages. But, the eight children listed here[on 
page 2-and in other related records]are clearly the children of Charles and 
Elizabeth Kitchens. Many believe that Charles was the son of Revolutionary 
Soldier, Zachariah Kitchens, who died in Henry Co. c.1833, however, there was 
another Charles Kitchens in Jasper and Henry Co. during the same timespan.

Charles Kitchens died January 13, 1864, and according to estate-related 
testimony, is buried within 50 yards of his homesite. (The Georgia DOT map of 
Newton Co. indicates the long neglected Kitchens family cemetery. The land was 
part of original Henry Co.-then Jasper Co. at the time of his death, and later 
was taken into Newton Co.) On February 28. 1822, Charles Kitchens purchased lot 
#92/9th district of Jasper Co.(deed filed in Newton Co.) Sometime thereafter he 
purchased an adjacent 202-1/2 acres. On this land he built a small(one room)
house, where he and wife Elizabeth raised their eight children(and later, the 
children of deceased daughter, Sarah Sansom).

Additional Comments:
See a copy of the will and other estate records in-"Wills & Estate Records".
The depositions of daughter Matilda Dearing, her daughter Sarah Fincher, and 
Henry Z. Kitchens(son of Joel Kitchens)can be found on the Butts Co. GenWeb 
site.

File at: http://files.usgwarchives.net/ga/jasper/photos/documents/gph1884kitchens.txt

This file has been created by a form at http://www.genrecords.org/gafiles/

File size: 3.3 Kb