Taylor County GaArchives Court.....Court Of, Ordinary 1852 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Virginia Crilley http://www.genrecords.net/emailregistry/vols/00003.html#0000642 November 10, 2004, 2:45 pm Source: Microfilm Ordinary Minutes 1852- Written: 1852 Court of Ordinary in Session Regular Term July 5, 1852 Gideon Blan applied for letters of Adm on the estate of Eutace Solinus of said county deceased May 12, 1852 Jesse Adams applied for letters of administration on the estate of John M. Adams of said county deceased May 19th, 1852. John Potter applies for letters of Administration on the estate of Henry Millirons of said county deceased the 31st May 1832. Letters granted to Jesse Adams on the estate of John M. Adams deceased July 3, 1852. Letters granted to John Potter on the estate of Henry Millirons deceased July 5, 1852. James B. Hamliton, Ordinary JUNE TERM 1852 Present William A. Cobb, ordinary presiding Whereas Benjamin R. Searcy applies for letters of Administration upon the estate of Anderson G. Alsabrooks deceased late of said county of Upson. And shows to the court that due and legal notice has given by publication for thirty days in the Columbus Times a public gazette of the state of this intention to make said application at this time and no objections being offered. It is therefore ordered by the Court that the said Benjamin R. Searcy be and I hereby appoint Administrator of the estate real and personal of the said Anderson G. Alsabrooks decd and that he give Bond and security in the sum of [$1500] dollars fifteen hundred dollars. Whereupon the said Benjamin R. Searcy, executed his said bond in the sum aforesaid with Raleigh Greene and Joseph Brown as his securities was qualified and received letters of administration as aforesaid. Ordered further that Hiram Drane, Dennis Sheridan, Eldridge C Butts, James Williamson and Person Walker be and they are hereby appointed appraisers of the estate of said Anderson G. Alsobrooks dec'd. Georgia Upson County Know all men by these presents that we Benjamin R. Searcy principle and Raleigh Green and Joseph Brown trustees are held and firmly bound unto the Ordinary for said County and his successor in office and appear in the just and full sum of fifteen hundred dollars for the payment of which sum to the said Ordinary and his successors in office we bind ourselves and such heirs, executors and Administrators in the whole for the whole sum jointly and firmly by these presents sealed with our seals and dated this 7th day of June 1852. The Constitution of the above obligation is such that if the above obligation to Benjamin R. Searcy do make a true and perfect inventory of the goods and chattels right, lands and tenements of Anderson G. Alsobrooks late of Upson County deceased which have and shall into the hand possession or knowledge of the said Benjamin R. Searcy, Administrator of the Estate real & personal of said deceased on the land or possession of any other person or persons for him & the same so made do exhibit unto the said Ordinary when he shall be there unto requested and such good credits lands and tenement do well and truly Administer asnding to have and do make a just & true account of his acting's and doing there in when he all be required by the Court. Shall deliver & pay to such person or persons as they may be entitled to the same by said and if it shall hereafter appear that any last will and testament was made by the deceased and the same be proven before the Court of Ordinary and the Executors obtain a certificate of this probate thereof & Benjamin R. Searcy in such case if required render and deliver up the said letters of Administration then this obligation to be void. Else to remain in full force Signed sealed and Acknowledge in Open Court Benjamin R. Searcy Seal Raleigh Green Seal Joseph Brown seal Office Court of Ordinary Upson County Georgia Recorded Book B of Adminstrators and guardian bonds Page 77 this 10th June 1852 Wm A. Cobb Ordinary I William A. Cobb, Ordinary in and for the County aforesaid do hereby certify that the foregoing is a true copy of the appointment of Benjamin R. Searcy as the Administrator of the Estate of Anderson G. Alsobrooks dec's and of the bond of the said Administrators as appears of record in my office. Given under my hand and seal of office this 11th day of June 1852 Wm A. Cobb Ordinary Pg 3 Court of Ordinary NOVEMBER TERM 1852 Present James B. Hamilton ordinary Georgia Taylor County To the ordinary of said county the petition of John Potter administration of Henry Millirons, late of said county deceased. Showeth that it would be for the interest of the estate of said deceased for the real estate thereof to be sold. He therefore prays that an order be granted for the sale of same. The said real estate consist of Lots of land No. 237 in the 13th district the said number of acres comprises all of said last named lot except twenty acres which said deceased in his lifetime sold to John Sturdivant and a man named Arnold, the part owned by said Sturdivant his in a square in the Northwest corner of said last named lots of land and the per awarded by Arnold lies in a square border side past of the portion owned by said Sturdivant. Your petitioner further shows that he has advertised his application in terms of the law in such cases made and provided. Nov. 1 1852 John Potter Admin It appearing to the court that the facts stated in the foregoing petition are true it is therefor ordered by the court that the petition have leave to sell all the real estates of his interest. The same being described in his petition. The said petitioner is required to sell in the manner pointed out by law. Jas B. Hamilton J.CO. Robert Hays and James Janie Gardener applies for letters of Administration on the estate of Joseph Gardener late of said county deceased. {Ed note: Joseph John Gardner was listed as a teacher in the 1850 Census Talbot Co, GA. He married Mary Jane Hays, daughter of Robert P. Hays in Crawford County, GA April 4, 1850. They had 2 children. Alice married Kenon B. McCants and Emma married C.W. Bickley.] Pg 4 Court of Ordinary JANUARY TERM 1853 James B. Hamilton Ordinary Whereas Robert P. Hays applies for letters of Administration in the estate of Joseph J. Gardner late of said county dec'd shows to the court that due and legal notice have been given. The Southern Democrat, a public journal in said state, of his intention to make application and no objections being made. He is therefore ordered that Robert P. Hays be appointed Administrator on the Estate of Joseph J. Gardner, dec'd and that he give Bond and security in terms of law. Robert B Hays [father of Janie Gardner] executed his said bond with Hardy Williams security in the sum of $600 and was qualified. Appeared to the courts that it would to the advantage of said estate of Joseph J. Gardner, Dec'd for the personal property of said estate to be sold as soon as practicable. It is ordered by the court that Robert P. Hays, Adm as aforesaid have leave to sell the personal property by giving at least ten days notice of the same and advertising and it is also ordered that said Adm have leave to rent out the real estate of said dec'd privately. James B. Hamilton Ordin Jan 11, 1853 Whereas James A. Mitchell applies for Letters of admin on Estate of Albert S. Wiley dec'd. said county takes temporary letters of Administration. Jan 11, 1853 Whereas Joel Cottonhead [Cadenhead] applies for Letters of Estate of Edmond Cottonhead, late of county Publication be made in Southern Democrat, a public journal James B. Hamilton - Ordinary Jan 25, 1853 James King apply Letters of Guardianship of the person and property of Daniel & Emma Jacks minors and orphans of Kindred Jack dec. ordered that public to be made in Southern Democrat Pg 5 Feb term 1853 No objection filed on returned at the last term of Jesse Adams, Adm on the estate to John M. Adams, dec'd Ordered same be put in record. Returns of John Potter Adm on estate of Henry Milliron late… It appearing to the court that Gideon Blan one of the Securities of John Potter for the Adm of estate of Henry Milliron has left said county & state. Order that John Potter Adm aforesaid come forward by the next term and give other security. MARCH TERM 1853 James B. Hamilton ordinary Jesse Adams Adm in estate of John M Adams….applys for letters of dismission for said dec'd Administration; it is therefore ordered that publication be made in terms of said, in some public Gazette of said application. Nancy Johnson applys for letters of Administration on the Estate of Steven Johnson, late of said county dec'd. Ordered that publication be made. James C. King, showing that due and legal notice had been given of his application for letters of Guardianship of the person and property of Daniel R. Jacks and Emma A. Jacks; it is therefore ordered that said letters be granted. It is further ordered James H. Mitchell be appointed Admin. in the Estate of A.S. Wiley, dec'd. And that Joel Cadenhead be appointed Admin of Edmond Cadenhead dec'd and that give Bond in terms of the law. John Potter in compliance of an order of the last term of said court forward and give S.H. Dwight Security on his Admin. Jas. B. Hamilton, Ordinary APRIL TERM 1853 James B. Hamilton, Ordinary Petition of Gideon Newsom of the County of Crawford that Steven Johnson, late of Taylor County, dec'd died intestate possessed of land and tenement rights and credits. Citation has been duly published that Nancy Johnson would apply at this term of the Court for Administration on the estate of said Johnson, dec'd. The said Nancy now declining and desires your Petitioner to take the same. Petitioner tenders Bryan Ingram as Security and proves letters of Administration on said estate. D.W. Miller, Petitioner's Attorney It appearing to the court that the facts stated above are true....the Petitioner is appointed Administration of said Steven Johnson, dec'd.....accordingly upon his giving bond of twenty thousand dollars with Bryan Ingram as Security....whereupon the said Newsom tendered his Bond....and qualified . It appearing to the Court that it would be to the advantage of said estate for the property to be kept together and worked by the Administration, the present year, it is ordered by the Court that Gideon Newsome, Adm... is hereby authorised to keep the property together for the present year and manage the same at his discretion for the benefit of said Estate subject at all times to the direction and control of the Court. MAY TERM 1853 That according to adjournment, there being no business for the Court. Adjourned this Court. JUNE TERM 1853 The petition of Eliza. W. Bassett of said county, widow of James E. Bassett de'cd sheweth that said James Bassett E. died intestate. Citation has been published according to law giving notice that said Administrator of said estate would be given to some person. Your petitioner comes and prays Administrator and tenders Thomas H. Brand as her Security . The estate worth not exceeding four hundred dollars. Eliza W. Bassett Petition heard....granted...execute Bond for Eight Hundred Dollars. The petition of Janie W. Johnson of said county, widow of Wright Johnson dec'd, sheweth that said Wright died intestate. Citation has been published according to law giving notice that the Administration....your petitioner comes into court and ask for said Administration...said estate is not worh more than twelve hundred dollars. Thomas D. Brand as her Security. Ordered to be issued to her upon being qualified as gives bond. Thomas D. Brand, Security. The petition of Allen Pridgen of said county sheweth that his wife, Mary Pridgen, lately died intestate. She was at her death a resident of said county. Your petitioner applies for the Administration of her estate..due notice given by legal citation. The value of such effects as probably cover to the hands of the Administration will not exceed one thousand dollars. Your petitioner prays to be appointed and tenders Daniel W. Miller as his Security. The above Petition granted upon his executing a bond with two thousand dollars and Security being qualified. Eliza Bolin comes into Court sheweth that due notice has been given and prays that the Administration may be granted to her on the Esate of Jeremiah Bolin, late of said county dec'd and further shews the Estate to be worth no more than three hundred dollars and tenders for security Willis Watson and Perry W. Watson. ORDINARY COURT - JULY TERM 1853 Jack W. Cadenhead applys for leave to sell the lands of EDMUND CADDENHEAD dec'd and shows to the Court that due and legal notice of said application has been given. Ordered that Joel W. Caddenhead, Admin. on the Estate of Edmund Caddenhead dec'd have leave to sell lands of said dec'd. The petition of MARY ANN WALDING sheweth that ARCHIBALD WALDING lately dec'd, a resident of said county and possessed of property to the value of about Seven Hundred dollars. Your petitioner now applies for Administration on the Estate of said dec'd. Citation has been duly published giving due notice of this application. The binders Thomas WALDING on her Administration bond and letters. Petitioner therefore prays said Administration. D.W. Miller, Petitioner It appearing to the Court that the statements in the above petition are true. It is ordered by the Court that the petitioner be and is hereby appointed Administrix and that Entering in to bond fourteen hundred dollars with Thomas Walding, Security, and qualifying letters of Administration issued. There being no further business the Court is adjourned. Jas B. Hamilton, J.C.C. ORDINARY COURT AUGUST TERM 1853 Court met and adjourned to Tuesday the 8th day of August. The Court met according to adjournment. Present James B. Hamilton, Ordinary Ordered that the amount of twenty five per cent be levied on the State tax according to the recommendation of the Grand Jury and the Tax Collector of said county (ink smug) the same in terms of the same for poor school funds. Court adjourned till next regular term. Jas B. Hamilton, Ordinary ORDINARY COURT SEPTEMBER TERM 1853 Present - James B. Hamilton, Ordinary The petition of Jesse Adams, Administrator on the Estate of JOHN M. ADAMS dec'd for letters of dismission from said estate, he having shewn to the court that due and legal notice has been given and no objection filed. It is ordered that letters of dismission be granted. The petition of Wm H. LOW for letters of guardianship, JEFFERSONIA BROOKS, Orphans of William H. BROOKS, dec'd, late of Crawford County and no objection being filed, it is ordered that WILLIAM H. LOWE be and is hereby appointed Guardian of said Jeffersonia Brooks, orphan as foresaid upon his giving bond and being qualified in terms of the law. William H. LOWE given bond and qualified in terms of the Law, letters of Guardianship herein issued. Court Adjourned. James B. Hamilton, Ordinary ORDINARY COURT OCTOBER TERM 1853 Present James B. Hamilton, Ordinary The petition of GIDEON NEWSOM and Admin of STEVEN JOHNSON dec'd shewest that it will be for the interest of the heirs and condition of the Estate of said dec'd for all the real estate and slaves of said Johnson's Estate to be sold. This is necessary for the payment of debts and distribution the widow's dower in the lands is to be reserved. This application has been duly published for the space of two months agreeable to the statutes in which case made and provided. Your petitioner prays and order to sell the said lands and slaves. D. W. Miller, Petitioner's Atty The Court has heard the above petition and is satisfied that the facts stated therein are true. It is therefore ordered by the Court that the said Gideon Newsom Admin as foresaid have leave to sell all the land and slaves belonging to the Estate of said Johnson dec'd excepting the widow's dower in the lands, he must sell in the manner prescribed by law. The petition of ROBERT P. HAYS, Adms of JOSP G. GARDINER, late of said county dec'd, having shewn that it would be in the interest of said estate to sell the lands thereof; there being no objection filed. It is ordered that he sell the same by giving due legal notice in terms of the law. James B. Hamilton Ordinary ORDINARY COURT NOVEMBER TERM 1853 Present James B. Hamilton, Ordinary JOSEPH BROWN applys for letters of Guardianship of ALEXANDER D. WIMBERLY and LOUISA J. WIMBERLY, Orphans of ISAAC WIMBERLY, dec'd. Said orphans being over the age of fourteen comes into open court and request the said Court to appoint said Joseph Brown as their Guardian. Granted by the Court upon his giving the necessary bond and security in terms of the law. ELIZ BOLEN, Administrix of JEREMIAH BOLEN, dec'd apply for leave to sell the real estate of said dec'd and shewes that due and legal notice has been given. Granted. Jas B. Hamilton JCC ORDINARY COURT DECEMBER TERM 1853 Present James B. Hamilton The petition of DANIEL W. MILLER sheweth that JOHN CHARLES, a non resident of said county. Your petitioner had citation published in terms of the law. The property of said dec'd in said county and state does not exceed in value five hundred dollars. Petitioner tenders JOHN A. HARNETTE as Security and prays that Administration be granted to said petitioner on the Estate of said dec'd. Daniel W. Miller It appears to the Court that the above petition is true in its statements. It is therefore ordered by the Court that the Petitioner be and is hereby granted Administration as prayed and that letters to him on entering in to bond in the sum of One Thousand Dollars with the said Security and qualify as the said directs. John Studivant, Dept Ordinary ORDINARY COURT JANUARY TERM 1854 Present John Studivant, D. Ordinary JANE W. JOHNSON, Administratrix, on the Estate of WRIGHT JOHNSON, Dec'd makes application for leav to sell the lands belonging to said dec'd and shows that due and legal notice has been given and no objection filed. It is therefore ordered that Jane W. Johnson Adminx as aforesaid have leave to sell said lands in terms of the law. AMOS ADAMS and SAMPSON K. ADAMS applys for letters of Administration on the Estate of EZEKIEL ADAMS, dec'd. JACOB W. BICKLEY applys for letters of Guardianship of SAMUEL BICKLEY and MISSOURI BICKLEY, heirs and minors of JOSEPH BICKLEY, de'cd. John Studivant, Ordinary ORDINARY COURT FEBRUARY TERM 1854 Present John Sturdivant, Dept Ordinary To the Court of Ordinary for said county, the petition of VIRGILE POWERS sheweth that there are two negor slaves belonging to the Estate of THOMAS A. DODGE, dec'd to wit, Charles and Lesley Ann, the same are all the negros belonging to said estate. It will be the interest of heirs and crditors of said estate for said negros to be sold. Notice of due application has been duly given by publications, your petitioner prays an order to sell said negroes. D.M. Miller, Petitioner's Atty It appears to the Court plainly and satisfactorily that it would be for the interest of the legatees and creditors of the Estate of Thomas A. Dodge that the negroes belonging to said estate and named in said petition should be sold by VIRGIL POWERS, Executor of said Dodge. It appears that due notice of said executors application has been published as required by law. IT is therfore ordered by the Court that said Executor sell said negroes in manner prescribed by law. [Thomas A. Dodge, was a resident of N.Y. 5-28-1853 Nuncupative (Oral) will probated 9-4-1853. First one on record in Taylor County; the 1850 Census of Macon Co, showed he was born 1825, was an engineer. Probably working on 1st railroad; estate records showed repair of a buggy was paid. Did he have a wreck in it? Two sisters mentioned, but not named. Exrs: John M. Thompson; E.L Heriot, Virgil Powers Wit James Thompson, John B. Wright, John Walker, John M. Thompson] To the Court of Ordinary of said county, the petitioner, GIDEON NEWSOM, Adm of STEPHEN JOHNSON late of said county sheweht that fully discharged the duties assigned to him as Adminstrator as aforesaid. Your petitioner therefore prays to be discharged from said administration and that citation issued agreeable to law. D.W. MILLER, Petitioner's Atty Upon hearing the above petition it is ordered by this court that citation be issued requiring all present concerned to shew cause if any they have on the first Monday in September at the Court of said County why the said Administrator should not be then discharged. It is further ordered that said citation be published in the Times and Sentinel newspapers of Columbus of said State for the space of Six months. John Sturdivant, D. Ordinary ORDINARY COURT - MARCH 1854 The petition of ANN JOHNSON, widow of STEVEN JOHNSON, late of said county dec'd sheweth that the desires of her two minor sons, orphans of said Steven Johnson, dec'd to wit SAMUEL K. JOHNSON and WILLIAM G. JOHNSON, both residing in said county, the property which now belongs to and will probably come to each of said orphans does not exceed one Thousand Dollars in value or amount. Petitioner tenders as her security PERRY C. CARR, GEORGE T. COXWELL, JAMES WILLIAMSON, JOHN H. GRACE to be qualified as Guardian of said Orphans. ANN JOHNSON It appears to the Court that the Statements of the above petition are true. It is therefore ordered by the Court that the said ANN JOHNSON be appointed Guardian as aforesaid and that letters of Guardianship issued on her qualifying and giving bond and with the above security in the sum of four thousand dollars. The petition of D.W. MILLER, Adm of JOHN CHARLES, dec'd sheweth that it would be to the advantage to and to the interest of the estate of said dec'd for two lots of land numbers 112 and 113 in the 12th district of said county and number 129 in the 15th district of said county, to be sold due notice of this application has been given by publication agreeable to Law. Petitioner prays sale thereof. D.W. MILLER It appears plainly and satisfactorily to the Court that statements in the above petition are true. It is ordered by the Court that said Admr. sell said lands agreeable to statute provided. MARTHA ADAMS VS AMOS ADAMS Caveat to application for Admins March Term 1854 MARTHA ADAMS widow of EZEKIEL ADAMS now comes forward and objects to the application of AMOS ADAMS for Administration on the Estate of EZEKIEL ADAMS, __, of said county dec'd and claims administration herself. D.W. Miller, Atty for Caveator Adjourned to 10 o'clock on Tuesday. John W. Sturdivant, Ordinary Open according to Adjournment. JACOB W. BICKLEY comes in to court shows that application has been made and due and legal notice given and prays to be apointed guardian of SAMUEL BICKLEY, MISSOURI BICKLEY, LUCINDA BICKLEY, NANCY BICKLEY, and SOLOMON BICKLEY, the three last comes in to court and request that JACOB W. BICKLEY be appointed their guardian being the orphans of JOSEPH BICKLEY. It is ordered that Jacob W. Bickley be appointed Guardian of the aforesaid orphans upon his being qualified and give bond and security in terms of the law in the sum of Seven Thousand Dollars with JOHN S. BROOKS and EZEKIEL ROYAL, Security. ORDINARY COURT APRIL TERM 1854 Present John Sturdivant, Ordinary MARTHA ADAMS, widow of EZEKIEL ADAMS, late of said county, applies for Administration on the estate of said dec'd. The estate does not exceed four thousand dollars in value. She tenders ALLEN WHITTINGTON as security and prays letters. D.W. Miller, Petitioners Atty It appears to the court that application has been made for the Admx of said estate the appllication has been duly published. The evident of dec'd caveats the application of said A.ADAMS. It is ordered by the court that the said Martha be appointed as Administratior of said estate and that letters issued her on entering into bond for Eight Thousand Dollars with Allen Whittington and Henry H. Long as Security. ELIZA W. BASSETT, Administrator of JAMES C. BASSETT, dec'd applies for and order to sell a Negro man, Jim, about sixty five years old as the property of said dec'd the only slave of the Estate. The application has been published two months agreeable to law. D.W. Miller, Petitioners Atty It appears to the Court fully and plainly that it will be for the benefit of the heirs and creditors of said estate that the said Jim should be sold. The statement in the above petition are found to be true. It is therefore ordered by the Court that the said Administrix sell said Negro in the manner the law presents. JOHN B. LUCAS applies for letters of Admin on the Estate of STERLING S JOHNSON dec'd. Citation granted. John Sturdivant. ORDINARY COURT MAY TERM 1854 Present John Sturdivant, Ordinary The petition of SARAH BOWDEN widow of JAMES BOWDEN late of said county respectfully sheweth that the said JAMES BOWDEN, departed this life without leaving any will or provisions for the management of his estate and notice having been given to all parties concerned to appear at this term of court and shew cause why letters of admins should not be issued in terms of the Law. Your petitioner as wife of said deceased comes forward and demands said letters of Administration and prays that they may be granted to her in terms of Law. and your petitioner will ever pray. Sarah Bowden It appearing to the Court that the facts stated in the above petition are true, it is ordered by the Court that letters of Administration on the estate of James Bowden dec'd be issued to Sarah Boden, widow and relict of said dec'd upon her giving bond and Security in the sum of Four Thousand Dollars and taking the oath prescribed by law. It appears to the Courth ath ANNE M. HARMON, minor child and daughter of JAMES T. HARMON, of said county has in her own right and amount of properyt so as to require a guardian. It is therefore ordered by the Court that said JAMES T. HARMON, father of said child, be granted letters of guardianship for said Anne M. Harmon upon his giving bond and security in the sum of five hundred dollars and taking the oath prescribed by law. ANAN WILLIS and MARY R. HARTLEY applies for Administration on the estate of JONAH HARTLEY, dec'd late of said county this application has been published agreeable to law by citation. The Estate does not exceed two thousand dollars in value. Petitioner tenders THOMAS N. WILLIS as security on bond. D.W. MILLER The above petition appears to be true. It is ordered by the court that said applicants be appointed Adminstrator and Administrix of said dec'd and that letters issued on their qualifying and giving bond with Thomas N. Willis as Security. ORDINARY COURT JUNE TERM 1854 Present John Sturdivant, Ordinary It appearing to the Court that the estates of Sterling L. JOHNSON, dec'd is unrepresented and it is further shown that John R. LUCAS, has made application for the Administration of such estate and it is further shewn that citation has been given in terms of the Law ans no objections filed, it is ordered that Letters of Administration be granted to John R. Lucas on the estate of Sterling Johnson, late of said county, dec'd upon his giving bond and security in terms of the Law and taking the oath as the Law directs. It appearing to the Courth that the Will Pearson WALKER deceased, late of said county has been proved by the Court and no objections thereto being filed. It is on motion ordered that said will be admitted to record and that letters testamentary issued to the Executors therein named. It appears to the Court that Gideon NEWSOM, Admin of Steven JOHNSON, dec'd manged the Estate of his intestate under an order of this Court according to his discretion by keeping most of the property together and working for the benefit of the Estate. It appears he employed Samuel and Stephen Thomas Johnson to work on the farms and it appears also that said Admin. applyed to the support of his intestate family for first years after getting the Administration all the appraised corn and a part of the bacon and other provisions of the estate. It is therefore ordered by the Court that all said corn and other provisions that were returned by the appraisers be allowed for the years supply of said family except such as were sold last year and returned by sale bill of Administration. It if further ordered that said Admin be allowed one hundred and twenty five dollars for the time of said Samuel and John Thomas the past year and for rent of land. ORDINARY COURT JULY TERM 1854 Present John Sturdivant, Ordinary In obedience to the recommendation of the Grand Jury of said County at April Term 1854. It is ordered that twenty five per cent on the State Tax for said county be levied for the education of the poor children in said County and that the Tax Collector fo said county collect the same. John Sturdivant, Ordinary ORDINARY COURT AUGUST TERM 1854 Present John Sturdivant, Ordinary It appearing to the Court that George Etta minor child of Geroge J. SHEPHERD dec'd is without a guardian, her former guardian Wiley T. WILKS having moved beyond the jurisdiction of said Court and out of the limits of said state and said minor being of sufficient age to choose a guardian and she having selected Hardy WILLIAMS for that purpose. It is ordered by the Court that the said Hardy Williams be and hereby is appointed Guardian of the person and property of Etta Shepherd upon his giving Bond and Security of in the sum of two hundred dollars and taking the oath as presented by Law in such cases made. ORDINARY COURT SEPTEMBER TERM 1854 Present John Sturdivant, Ordinary To Court of Ordinary of said county, Mary W. HARTLEY and Amon WILLIS Admins and Admix of Jonah HARTLEY, deceased petition for the sale of all the real estate in said County belonging to said Hartley. It would be for the benefit of decendants heirs for the same to be sold. This application has been duly published, petitioners prays and order to sell. D.W. Miller, Petitioners Attorney The Statements above appears to be true. The petitioners are authorized to sell the real Estate in the manner prescribed by law. ORDINARY COURT in Chambers SEPTEMBER 20, 1854 Present John Sturdivant, Ordinary To the Court of Ordinary of said county Nancy WILEY, widow of Albert S. WILEY, late of said county, dec'd applies to have a portion of the effects of said dec'd assessed by the Court for the support and maintanence for a year from the said husband's death. Notice as required by law has been duly given to the Admin of deceased. Miller and Labrum, Petitioners, Attrny The facts stated in the above petition appear to be true. It is ordered by the Court that James H. WINCHELL, the Admin of said dec'd allow to said widow out of the effects of deceased, one hundred dollars for the purpose expressed in the petition. ORDINARY COURT OCTOBER TERM 1854 Present John Sturdivant, Ordinary Personally appeared before me, John Sturdivant, Ordinary in and for said County Allen T. Owen, who being sworn deposeth and saith that he was named executor by the last will and testament of Persons WALKER, late of said county deceased that deponent has and does hereby announce and befuse the executorship under said will fully and intently that he has not intermeddled in the effects of said Person Walker deceased and will not intermeddle there in with any view of defrauding legatees, or others concerned in said estates. Sworn to and subscribed before me this 7th of October 1854. A.F. Owens James WILCHER and ______ PERY makes application for letters of administration on the estate of Charlton Y. Perry, late of said county, dec'd. It is ordered that citation be made, granted and published in terms of the law. page 20 The petition of Caleb LINDSEY respectfully sheweth that the estates of Wright JOHNSON dec'd is unrepresented by the abatement of the letters gratned to Jane N. JOHNSON by her marriage and that he makes application for letters of Administration de bonuse non on said Estate. Ordered that said letters be granted to Caleb JOHNSON upon his giving bond and taking the oath prescribed by Law. The petition of Anne R. DENNIS, Administrix of William T. DENNIS, late of Macon County, dec'd sheweth that she is now a resident of Taylor County. She obtained Administriation on the Estates of said dec'd in the Courts of Ordinary of Macon County where she then resided having removed to Tyylor County she desires to transfer this said Administration to Taylor County. Accompleting this Petition is a transcript of all the records from Macon Court of Ordinary pertaining to said Administration. Your petitioner tenders D. W. MILLER as her Security on a new bond. The old bond is for six thousand dollards. Petitioner prays that said bond be received and the said transcript be recorded in this Court. Anne R. Dennis, Administrix The above facts appear to be true. It is ordered by the Court that the said new bond be received and recorded also that the said transcripts be entered on the proper books of this Court and that said Administrix sustain the same retation to this court in future as though she had obtained letters here. John Sturdivant page 21 ORDINARY COURT NOVEMBER TERM 1854 Present John Sturdivant, Ordinary Margaret Ann and Appleton M. BROOKS makes application to this Court to have William ANDERSON's appointed their Guardian. Property worth about two hundred dollars. It is ordered by the Court that the said William ANDERSON be and is hereby appointed guardian of said Margaret and Appleton M. BROOKS upon his giving bond and being qualified in terms of law. The petition of Harriet PERRY and James WILCHER respectfully that they have regularly applied for Letters of Administration upon the Estates of Charlton Y. PERRY, late of said County deceased, which notice has been published according to Law and no objections being filed. They pray that Letters of Administration may be granted to them. And your petitioners will ever pray. Reese and Corbitt, Petitioners Attorney It appearing to the Court that the facts stated in the above petition are true it is therefore ordered by the Court that Letters of Administration on the estate of Charlton Y. PERRY, late of Taylor County, deceased be granted to said Harriet Perry and James Wilchar upon their giving bond and security in the sum of thirty four thousand dollars and taking the Oath prescribed by Law. It appearing to the Court upon the representation of Harriet Perry, Admrx and James Wilcher, Admin of Charlton Y. Perry, deceased, that it would be for the benefit of said Estate to sell all the perishable propoerty belonging there to . It is ordered that said Admix and Admin have leave to sell said perishable property (viz) Six mules, three Waggons, and household and kitchen furniture. Eliza BOLEN, widow of Jeremiah BOLEN, late of said county deceased, says she has six children left by said deceased. The Estate is insolvent. Petitioner prays a year's support for her and the children from the death of the deceased and also such other allowances as the Law makes in such cases. Eliza Bolen The above petion has been heard. The statement appears to be true. It is ordered by the Court that the Petitioner be allowed for her year's support for herself and children two hundred dollars in cash out of the effects of said estate and the further sum of one hundred dollars under the statutes provided for deceased debtor's family in case of insolvency. Anne R. DENNIS, widow of William T. DENNIS, late of said county deceased, petition for allowance for a year's support for herself and children from the death of said deceased and for such other allowances as is made by Law. The children left by deceased are five in number, the oldest about ten years old. The estate of deceased is insolvent. Petitioner prays the said year's support in cash and such further amount as the Law allows in such cases. Anne R. DENNIS The above petition has been heard. The Statements appear to be true. It is ordered by the Court that the sum of four hundred dollars out of the estate of said deceased be allowed to petitioner for the support of herself and children the first year after the death of said deceased and also the further sum of one hundred dollars as a further allowance by reason of the insolvency of the said estate. Petitioner as Admix of said Estate is authorized to retain the said sums out of the assets belonging thereto in cash. page 23 James H. Winchell (Mitchell?), Admin of Albert S. WILEY, late of said county dec'd applies to be dismissed from his Administration he has fully discharged the duties. Petitioner prays a citation to issue requiring all persons to shew cause if they have any why Petitioner should mpt be discharged from his administration. Miller & LeSuer, Petitioner's Attny The above has been heard. It is ordered by the Court that citation issue for all persons to shew cause if any they have at the Court of the Ordinary for said County to be held on the first Monday in July next why the Petitioner should not be discharged. John Sturdivant page 24 Macon County. November Term 1853 The Court of Ordinary (Macon County) met according to adjournment. Present W.J. Collins, Ordinary In matter of Anne R. DENNIS Admix (Macon Co) of William T. DENNIS, dec'd. The petition of Anne R. Dennis sheweth that William T. dennis lately dec'd a resident of said county. Your petitioner desires Letters of Administration upon his estated and has had citation duly published according to Law. The estate does not exceed Three Thousand Dollars. Petitioners tenders Daniel W. Millier as her Security. The facts in the above petition appears to be true and it is ordered that petitioner be appointed Administrix as prayed and that letters of administration issued to her on her qualifying and giving bond with the tendered security. It appears to the Court that it would be to the advantage of the estate of William T. DENNIS, dec'ed for Annie R. DENNIS, Adminstratrix to keep the property together and manage the same at her discretion. It is therefore ordered by the Court that said Admix have leave to keep together said Estate and manage it to the control an discretion of this Court. Court of Ordinary - May Term Macon County Present: W.J. Collins, Ordinary Annie R. DENNIS, Administratrix of William T. DENNIS, late of said county deceased applies for an order to sell off the real estate and Negro woman named Judy belonging to said estate, the lands all lie in said county some in Lanier. The application has been published agreeable to Law. Such Sale will be for the benefit of the creditors of said deceased. May 1st, 1854. D. W. Miller, Petitioner Atty The above petition appears to be true. It appears fully and plainly that the sale prayed for will be of benefit to creditors. It is ordered by the Court that said Admintrix sell said lands and Negro woman in the manner prescribed by Law. ORDINARY COURT DECEMBER TERM 1854 Present John Sturdivant, Ordinary The petition of Andrew McCANTS respectfully sheweth that John McCrary late of said county dec'd died intestate leaving considerable property to be divided amongth his his heirs and that John McCANTS, Andrew McCANTS, Bartley McCANTS, Henry , Jane and William are grandchildren and heirs at Law of said John McCrary deceased and also that they are children of your petitioners and not of sufficient age to choose for themselves a guardian. Your petitioners therefore prays the honorable Court to grant here letters of guardianship for his said minor children in accordance to the Statutes in such cases made and prescribed and your petitioner will ever pray. Andrew McCants It appears to the Court that the facts stated in the above petition are true. It is ordered that Letters of Guardianship be granted to said Andrew McCANTS for his said minor children upon his giving bond and security in the sum of fifteen thousand dollars and taking the oath as prescribed by Law. Adjourned to Friday 22nd day of December 1854. John H. Sturdivant page 25 Macon County To the Court of Ordinary of said County. The petition of Anne R. DENNIS Admix of William T. DENNIS, of said county deceased shewest she has removed from said county to the county of Taylor. Where she now resides. She desires to remove her Administration from this Court to the Court of Ordinary in Taylor County. Petitioner prays for an exemplication of al the records in this Court in relation to here said Adminstration. D.W. Miller, Petitioners Atty It appears to the Court that the statement in the above petition is true. It is ordered by the Court that an exemplication of all the records of this Court relating to Administration of the Petitioner be made out for her and duly certified. Sept 30, 1854. W.J. Collins, Ord I, W.J. Collins, Ordinary of said County (Macon) certify the foregoing to be a correct and full transcript of all the records and files in my office appertaining to the Administration of Anne R. DENNIS, Admix upon the Estate of William T. DENNIS, dec'd. Given under my hand and seal at office Sept 30, 1854. W.J. Collins, Ordinary ORDINARY COURT DECEMBER TERM 1854 - Adjourned Term Present John Sturdivant, Ordinary It appearing to the Court that Bartley McCRARY has regularly applied for letters of Administration on the Esate of John McCRARY, late of said County deceased and it appearing that said notice has been published according to the Statute in such cases and no objections being filed against the granting such letters. It is ordered that permanent Letters of Administration be granted to said Bartley McCrary upon the Estate of said John McCrary decease upon his qiving bond and security in the terms of Niney Thousand Dollars and taking the Oath prescribed by Law. This petition of Bartley McCRARY Administrator on the Estate of John McCRARY late of Taylor County deceased respectfully shewet that Andrew McCANT page 26 Guardian for his minior children, Jane P McCRARY, Gilly F. McCRARY, Jonathan P. McCRARY, John A. T. McCRARY, Henry McCRARY, Jane F. Boddey and your petitioners are heirs and destributees at Law of John McCRARY late of said county dec'd that all the parties concerned are of lawful age and desirious to have the property of said Estate equally distributed among them and your petitioner believes that it would be for the benefit of said Estated that said devision should be made. Your petitioner prays your honor to grant and order appointing certain persons as your honor may see fit to distribute said estate lawfully and equally among said heirs and distributed and your petiioner will ever pray. Bartley McCrary Bartley McCRARY, Administrator, on the Estate of John McCRARY, dec'd having petitioned for the appointment of person to distribute the estate of said John McCrary dce'd among the distributees and all parties concerned having agreed /said distribution they being of lawful age and having waived the usual notice and publication as usually required by law. It is ordered the Eldridge C. Butts, William Mathews, William J.F. Mitchell, Jeremiah McCants, and C.F. Fickler, freeholders of said county, are hereby appointed devisors of said estate and that they do proceed to distribute the same among the distributees entitled thereto according to Law. It is ordered the Eldridge C. Butts, Andrew J. Colbert, Jeremiah McCants, C.F. Ficklin and William Mathews freeholders of said county shall be appointed appraisers of the estate of John McCRARY, dec'ed and after taking the oath that they do proceed to appraise said Estate and to return such appraisement under their hands in the terms prescribed by Law. Dec 22nd, 1854. John Sturdivant, Ordinary page 27 It appearing to the Court that it will be for the benefit of the Estate of C.Y. PERRY dec'd tht some of the Negroes belonging to said estate should be hired out privately for the present year. It is ordered that Harriet PERRY, Admx and James WILCHAR, Admin have leave to hire out said Negroes privately for present year. Vergin [crossed out John W.] Lucas applies to this Court to have J.S. Griffith appointed his guardian and it appearing to the court that said Vergin Lucas is a ___ the age of fourteen years old. It is ordered that James Griffith be appointed guardian of the person and property of said Vergin Lucas, minor heir of Edmon Lucus dec'd upon his giving bond and securtiy and taking the oath prescribed by Law. The Petition of Moses S. THOMPSON sheweth that on the fourth day of January eighteen hundred and fifty four, James L. BOWDEN signed, sealed and delivered to Charles GRANT a bond or obligation, a copy of which is hereunto attached whereby he binds himself under a certain penalty therein inserted to make the said Charles GRANT his heirs and assigns good fee simple titles to fifty acres in the North west corner of lot of land number (220) Two hundred and twenty in Land third (3) District of originally Muscogee then at the date of said obligation Marion) now Taylor County upon the payment of certain promissory notes given to said James L. BOWDEN by said Charles GRANT, in said bonds fully described and which was due on the twentyfifth day of December Eighteen Hundred and Fifty One. Your petioner further sheweth to your Honor that subsequently to the date of said Bond the said James L. BOWDEN departed this life intestate and that Sarah BOWDEN of Taylor County has obtained letters of Administration on the goods, chattels, and credits of said James L BOWDEN in the Court of Ordinary of the County last aforesaid and that your petitioner has been and is ready to pay to said Administratrix the amount of said promissory notes and prays your Honor to direct the said Sarah BOWDEN to make to your petitioners titles to said lot of land the owner and effect of said Bond. Your petitioner further sheweth that the said Charles GRANT did on the twenty ninth day of September eighteen hundred and fifty two transferred Bond so made to him by the said dec'd intestate unto John M. HOBBS of said county last aforsaid with all the rights, members and appertenances which were to have been transferred to Charles Grant according to the terms and effects of said bond. Your Petitioner further sheweth that the said John M. HOBBS to whom said Bond was transferred as aforesaid by the said Charles GRANT on this day and year last aforesaid did transfer the said bond so tranferred to him unto Moses S. THOMPSON on the second day of November eighteeen hundred and fifty three. A copy of said transfer are hereunto attached and your petitioner will ever pray. Miller & LeSuer, Attny for Moses S. Thompson Copy of Bond and Transfer Marion County Know all men by these present that I, James L. BOWDEN, are held and firmly bound unto Charles GRANT, his heirs and executors and adminstrators in the just and fee to sum of Nine Hundred Dollars for the true payment of which I bind myself, my heirs, executors and Administrators firmly by these present sealed with my seal and dated this January 4th, 1851. The conditions of the above obligations is such that whereas said Charles GRANT has made and delivered to said James S. BOWDEN his certain promissory notes bearing even date with these present for the sum of four hundred and fifty dollars due on the twenty fifth day of December next. Now should the said Charles Grant will and truly pay the said promissory notes then the said James S. Bowden is to make or cause to be made to the Charles Grant good and sufficient titles in fee simple to and for lot of land No (220) two hundred and twenty in the third district of originally Muscogee, now Marion County containing fifty acres more or less with all the rights, members and appertenances to said lot of land in any way appertaining or belonging which the said James S. Bowden should do then this bond to be null and void else to reamin in full force and virtue. James L. Bowden (Seal) Test. Ezekiel Royal Aaron Windham Transfer No 1 I do hereby transfer the within bods to John M. HOBBS, September 29th, 1852. Charles (x) Grant Test: Daniel Royal page 29 Transfer No 2 I transfer the within bond to Moses S. THOMPSON for five hundred dollars this November 2nd 1853. John M. HOBBS Test: William Mobley S Bozeman x his mark Upon hearing the foregoing petition and copy bond, it is ordered by the Court that notice of said application be published in some public gazette of this state three months and at the public places of the County same time. John Sturdivant, Ordinary ORDINARY COURT FEBRUARY TERM 1855 Present John Sturdivant, Ordinary The last will and testament of George L. TAYLOR being duly opend and read in open court and being also duly proved upon the oath of the subscribing witnesses. Witnesses to wit: William DRANE, Allen PURCHARD, Thomas A. SPINKS. It is ordered that the same be admitted to record and that letters Testamentary do issue to William TAYLOR, the Executor therein appointed according to Law. It is ordered by the Court that William P. TAYLOR be Executor of the last will and testament of George L. TAYLOR deceased have leave to hire the Negros belonging to the Estate of said deceased privately until the first Tuesday April next. The petition of Mary J. GARDNER for the guardianship of her minor children and orphans of Joseph J. GARDNER late of said county dec'd. Granted upon her giving Bond and taking the oath prescribed by Law. The petition of Robert HAYS for Letters of Dismission from the Administration of the Estate of J.J. Gardner is granted. Court adjourned to Monday 12th Feby 1855. age 30 FEBRUARY ADJOURNED COURT 1855 The petition of Moses S. THOMPSON sheweth that Isaac MERCHANT, non-resident of this state died Intestate leaving property in this County and sheweth that due and legal notice has been given of his application for letters of Administration, and no objection filed. It is ordered that Letters of Administration do issue upon his giving Bond and Security and taking the Oath prescribed by Law. ORDINARY COURT MARCH TERM 1855 Present John Sturdivant, Ordinary William H. GRIFFITH, petitions for the Guardianship of the persons and property of John H. HARRELL and James E. HARRELL, orphans of William E. HARRELL late of TWIGGS County, dec'd. Said orphans are now residents of Taylor County. Said petitioner sheweth that publication has been made in terms of the Law and no objection filed. It is ordered that Letters of Guardianship do issue to the said William H. GRIFFITH upon his giving Bond and security and taking the oath prescribed by Law. **1860 Census of Taylor County you find these orphans, James and John living with William Griffith and his wife Mourning. Mourning was the sister to their mother i.e. Charity Parker who married William E. Harrell.** It appearing to this Court that it would be to the advantage of the Estate of Archibald WALDING for his Administrix to manage the said Estate at her discretion. It is therefore ordered by the Court that Mary Ann Walding, said Administric have leave to keep the property of said estates together and maange at her discretion subject at terms to the direction of this Court. Martha ADAMS, Admix of Ezekiel ADAMS late of this county, applies for leave to sell all the real estate in said County belonging to said deceased. It would be to the advantange of said deceased Estates for the lands thereof to be sold . Notice of application has been duly published. Miller & LeSure, Plaintiff Atty page 31 It appears plainly and satisfactorily that the facts stated above are true. It is ordered that the said applicant sell all the said lands in said County belonging to the Estate of said Ezekiel ADAMS, dec'd. Whereas Nathan H. TAYLOR, one of the Executors appointed by George P. TAYLOR dec'd last will and testament not having been duly qualified as said Executor at the term of said Court, when said will was provedn and reduced to probate. now at this term of the Court comes forward and demands his right to be qualified as one of the Executors of the last will and testament of said dec'd. It is therefore ordered by the Court that said Nathan H. TAYLOR, one of the Executors appointed in said will be duly sworn as said Executor and that he be on equal footing in the management of said Esate with Wm P. TAYLOR who has already been qualified. Court Adjourned. John Sturdivant ORDINARY COURT APRIL TERM 1855 Present John Sturdivant, Ordinary The petition of Peter E. RILEY for the Guardianship of the minor orphans of John SINGLETON dec'd late of this said County Sheweth that due and legal notice has been given and no objection filed. It is ordered that Letters of Guardianship issue upon his giving bond and security and taking the Oath required by Law. The petition of Andrew J. COLBERT for the Guardianship of Tabitha COLBERT, Arrabella COLBERT orphans of Obediah COLBERT, dec'd. Granted and ordered that Letters of Guardianship issued upon his giving bopnd and security and taking the oath required by Law. The petition of Mary A. WALDING for the sale of all the real Estate of Archibald WALDING late of said county. Sheweth that it would be to the interest of said Estate and Creditors and Heirs for the same to sold. The above statement appears to be true. Ordered that the applicant sell said Estate agreeable to Law. Court Adjourned April 2nd 1855. page 32 ORDINARY COURT AUGUST TERM 1855 Present John Sturdivant, Ordinary It is ordered by the Court that the sum of Twenty Five dollars be returned to Mary Ann WALDING, Admintx of Archibald WALDING dec'd out of the effects of said dec'd for the balance of first year's support as Widow of said deceased. Court Adjourned until Monday 15th August Court met according to Adjournment Gideon NEWSOME Adm application for Letters of Dismission of Steven JOHNSON dec'd Caveat by Coxwell Ordered that the case be continued to next term of Court. William H. MILLER applies for Administration on the Estate of Benjamin MILLER late of said County dec'd. Said Benjamin resided in said county at his death. He left property to be administrated and died intestate. This application has been duly published. The applicant resides in said County and tenders Crich GARRETT and Cornelius BRADLEY both of said County as Security on bond. He prays letteers on being duly qualified. Miller & Holsey Petitioner's Atty The facts recited above appear to be true. The Applicant has given bond with the above Securities in the sum of thirty five hundred dollars and has qualified according to Law. Ordered that letters of Administration sent to him. It appears to the Court that it would be to the advantage of the Estate of Benjamin MILLER, late of Taylor County dec'd for William H. MILLER, his Admin to keep the property of the Esate together and manage the same at his discretion for the best interest of the Estate. Subject at all times to the order and direction of this Court. We the undersigned Children and heirs of Benjamin MILLER late of said County dec'd do make the following agreement. It seems that said Benjamin died leaving what he took to be a will. It was informally executed and not Admissable to probate. It was rejected. page 33 The said Benjamin wish as appears by the will aforesaid was that all his property of every kind --real, personal, mixed, in possession and in action--should go to and be enjoyed by his Widow Martha MILLER for and during her natural life and at her death to go to the lawful heirs and distributees of said Benjamin. Now we are all willing to this arrangement and hereby agree in consideration of our natural love and affection for said Martha that she have and enjoy the whole of said property for her support and maintenance for life. At her death the said property is to be distributed according to the Laws of Georgia amongst the heirs of said Benjamin. And we hereby authorize the Administration of said Benjamin when appointed to attend to the due support and maintenance of said Martha for her life out of said estate. Witnesseth our hands and seals this August 5th 1855. Wm H. Miller (x) Abram Miller (x) Benjamin Miller (x) Jas Miller (x) Christeanna Smith her mark(x) Sarah Jane Miller her mark (x) Court adjourned. ORDINARY COURT SEPTEMBER TERM 1855 Present John Sturdivant, Ordinary The petition of Willis McLendon for Letters of Administration on the Estate of Mary McLendon late of Taylor County dec'd. Granted upon his giving bond and security and taking the Oath as prescribed by Law. Ordered Letters of Administration issued accordingly. In obedience to the recommendations of the Grand Jury at the last term of the Superior Court of Taylor County, it is ordered that a Tax of ______ a half per cent on the State Tax be levied for School purposes and that the Tax Collector collect. page 34 The Petition of Martha Adams, Admx of Ezekiel Adams, late of said county sheweth that it would be to the advantagoe fo the said estated for her to lease out a portion of the land belonging to said Estate lying in said County. Petitioner already has a discretionary order to manage said estate under the direction of this Court. Petitioner now prays for leave to make a lease or leases of such of said lands as she may in her discretion see fit to lease--not exceeding the term of five years. Millen and Holsey, Petitioner's Attny The above petition has been heard. It is ordered by the Court that petitioner have leave to make a lease not exceeding the terms of five years from the first day of January next. She taking care to act for the interest of said estate as to rent and the assurance of payment. Entered on the minut3s this 10th October 1855. It appears to the Court that in January last Moses S. Thompson petitioned this Court for an order to compel Sarah Bowden, Admx of James L. Bowden, dec/ to execute titles to fifty acres of lot of land No 220 in the 3rd District of said county the land lying in the north east corner of said lot the application duly published. There has been no objection filed to the making of titles when ever the purchase money is paid. It is ordered therefore that said Admix execute titles as asked for by the said Thompson upon his paying to said Adminx the amount due for the purchase money of said parcel of land. page 35 ORDINARY COURT NOVEMBER TERM 1855 Present John Sturdivant, Ordinary Seaborn R. Stevens applies for Letters of Administration on the Estate of Inman Stevens, late of said county deceased. Citation granted. It is ordered by the Court that William T.F. Mitchell, Henry H. Mangham, Richard B. Rucker, Peter D. Riley, C.F. Fickling, and Isaac Mulkey, Esq be and hereby appointed distributors to distribute the Estate of Persons Walker late of Taylor Co dec'd among the legal distributees of said estate. The last will and testament of William H. Lowe, with Codicil annexed was duly presented and read in open court and proved by the oath of the subscribing witnesses there to it is ordered that said will be admitted to record and Letters of Testimony issue to the executives therein named. It is further ordered that Letters of Administration issue to James T. Harrison, Clerk of the Inferior Court of said County on the Estate of Joel Byrd, deceased upon his giving bond, and taking the oath required by Law. The petition of William R. Lowe, Executor of William H. Lowe, late of said county dec'd sheweth that it would be to the interest of the Estate to make private sale of the crop of cotton, corn, ____. Ordered that he have liberty to sell accordingly having in view the interest of said Estate in all cases. ORDINARY COURT DECEMBER TERM 1855 Present John Sturdivant, Ordinary The petition of Harriett Perry, Admx, and James Wilchar, Admin of the Estate of Charlton Y. Perry late of said county, deceased, died intestate, leaving considerable property to his heirs and that it is necessary that a division of said property be had as soon as possible for the benefit of the said heirs, and your petitioners further shew that all parties in interest have been lawfully notified that application would be made for a division of said property, they therfore pray the Court to appoint the lawful number of persons to divide said estate and your petitioners will ever pray. Harriet Perry, Admx, James Wilchar, Adm Upon the application of Harriett Perry, Admx and James Wilchar, Adm of the Estate of Charlton Y. Perry, dec'd. It is ordered that E.B. Waters, E.C. Butts, Isaac Mulkey, Bartley McCrary, and Perry C. Carr be and they hereby appointed commissioners to divide the Estate aforesaid among the distributees thereof according to Law and return there actings and doings in the presence of the Court. The petition of Martha T. Lowe for the Guardianship of the person and property of her daughter, Jeffersonia K. Brooks, considered and ordered that Letters of Guardianship issued, she first giving bond and security in the sum of Eight Thousand Dollars and taking the Oath prescribed by Law. ______ Miller, widow of Benjamin Miller, late of said County dec'd, sheweth that said Benjamin died intestate on or about the _____ day of _____1855. Petitioner claims an allowance out of the Estate of said deceased and maintenance as his widow for twelve months from his death, petitioner prays said allowance to be made her in cash so far as respects the portion of said twelve months to elaps from this term Miller and Holsey, Petitioner's Atty The above petition has been heard. It appears to be true in its statement. Ordered that the Adms of said deceased pay to petitioner Ten dollars per month in cash, from the present time to the end of twelve months from the death of said dec'd. Court adjourned to Thursday 15th day of December. page 37 The petition of John B. WRIGHT for the guardianship of the persons and property of Jeremiah Nix and Mary Nix children of Nancy Nix. Granted. Ordered that letters of Guardianship issued to the said John B. Wright on his giving bond and Security in the Sum of one hundred dollars and taking the Oath prescribed by Law. The petition of Seaborn R. Stephens for Letters of Inman Stephens late of said county deceased sheweth that said estate is worht about four thousand dollars that due legal notice has been given. Ordered that letters of Administration issued to said Seaborn R. Stephens upon his giving bond and security in the sum of eight hundred dollars and taking the oath required by law. ORDINARY COURT JANUARY TERM 1856 Present John Sturdivant, Ordinary It appearing to the Court that there is a Lovine (sp?) and its implement still unsold belonging to Benjamin MILLER deceased. It is ordered that William H. Miller, Admin, of said deceased, have leave to sell said Lovine (sp?) and implements by advertising the same as much as ten days. The last will and testament of Nancy SULLIVAN being duly opened and read in open court and being also duly provedn upon the oath of the subscribing witnesses to wit: William F.H. Mitchell, Christopher C. Brooks, and Isaac P. Fouch. It is ordered that the same be admitted to record and that letters testamentary issued to William R. Miller, the Executor therein appointed according to Law. (page 38) To the Honorable John Sturdivant, Ordinary of Said County. the petition of Martha T. LOWE respectfully sheweth that Wiliam H. Lowe formerly of said county departed this life sometime in the month of November 1855 leaving a will and in said will, William R. Lowe, the son of said deceased together with his other brothers, is appointed the executor thereto the said William R. being the only qualified executor. Your petitioner further sheweth hat she is one of the legatees of said deceased and that certain property mentioned in siad will is bequeathed to her. Said William R. Lowe refuses to give up to your petitioner or make any arrangements for the support of your petitioner as required by law and further your petitioner saith that said Executor is mismanaging said Estate and going contrary to the directions of said will and contrary to law. In this said will says that the negroes and other property not dosposed of to your petitioner, the negroes shall be hired the land rented and the perishable property sold according to law, none of which said Executor is attempting to do. Thereupon your petitioner complains unto your honor and prays that your Honor may grant a rule against said Executor to show cause at the March Term of this Court why he should not give bond and security for his executorship to keep said estate from being destroyed or that he be disrupted from said executorship and your petitioner will ever pray. Martha T. Lowe Upon hearing the within petition of Martha T. Lowe. It is ordered that William R. Lowe, the qualified executor of the last will and testament of William H. Lowe late of said county dec'd be and appear at the Ordinary Court to be held in this county on the first Monday in March next to answer such charges as alledged in said petition and upon his failing to do so, why he should not be disrupted from said executorship or give bond and security in terms of the statutes and that said William R. Lowe be served with a copy of this rule twenty days before the said court. 14th January 1856 The appointing of an Administrator in the Estate of B. BOGGS continued till February term for the lack of some person to take the admins. Adjourned. ORDINARY COURT FEBRUARY TERM 1856 The petition of Moses S. THOMPSON Adm of Isaac MERCHANT, late of said county dec'd sheweth that he has removed from the county of Taylor and desires therefore to resign his office as Adm as aforesaid. It would be to the interest of those concerned in the Estate for his resignation to take effect. Petitioner prays your honor to designate some public gentleman which then may give notice of his application. Miller and Holsey, Petitioner Attorney The above petition has been heard. It is ordered by the Court that the applicant publish his notice in the Georgia Journal and Messenger at Macon the terms required by law. Personally appeared Daniel W. Miller, Atty at law for Moses S. Thompson, Adm of Isaac Merchant, dec'd and being swore saith the facts set forth in the above petition are true. Sworn and subscribed to me. D.W. Miller this February 2nd 1836. page 39 The petition of Samuel MONTGOMERY for the Administration of the Estate of James Montgomery late of said County dec'd sheweth that due and legal notice has been given and no objection filed. It is ordered that Letters of Administration issue to the Law, Samuel Montgomery upon his giving bond in the sum of Three Thousand dollars and taking the Oath required by law. The petition of James J. HARMON, Adminstrator, on the estate of Joel Bird, late of Taylor County, sheweth that it would be in the interest of the heirs of said Estate to sell the lands of said deceased for distribution. Due notice having been given in terms of the Law. It is ordered that James T. Harmon Adm, have leave to sell the land aforesaid for distribution. Court adjourned til Tuesday 9 o'clock. Court met according to Adjournment. The petition of John B. WRIGHT, for setting of Adminstration on the estate of Frances M. EDWARDS, dec'd. Citation granted a temporary letters taken out by J.B. Wright. The year's allowance for the widow Edwards and children is set apart by John H. Wallace, Justice of Peace in foresaid county considered and ordered that the asme be spread upon the minutes. The compliance with the Statutes in such cases made and proved that we, John Wallace and D.P. Bates, J.P for the 737 Dist, G.M., have this day met and set apart for the support of Mary Edwards, widow of F.M. Edwards late of said county dec'd, and three children and Martha Alsobrook, minors that said E.M. Edwards was Guardian for. The following amounts to wit: 1000 lbs pork, 700 lbs on hand, to be supplyed 300 lbs at 8 cents pr lb =$24 80 lbs of lard at 12 1/2 cents pr lb = $10.00 50 bushels of corn on hadn (50 bushels to be supplyed) =$10.00 400 lbs of flour at 5 cents pr lb = $20.00 1 dollar worth rice to be supplied = $1.00 on hand 1 cheese on had 28 lb allowed Coffee allowed 80 lb (12 lbs on hand to be supplied 68 lb at 14 cts = $9.00 on hand 159 lbs of sugar allowed 2 lb pepper on hand 2 lb spice 20 gal syrup 5 lbs Saila? sp? =$74.50 Given under our hand and official signature this the 25th day of January 1856 Court adjourned. This petition of Anan WILLIS , Adm of Jonah Hartley dec'd sheweth that he has fully administered the assets of said estaate and seeks to be discharged from the Administration. Petitioner therefore pryas that a citation issue in terms of the Law and that in due time petitions be discharged. D.W. Miller, Petitioners Atty On hearing the above petition it is ordered by the Court that citation be published in the Georgia Journal and Messenger requiring all persons concerned to appear at the Court of the Ordinary for said County on the first Monday in September next and shew cause why said petitioner should not be discharged as prayed. February 22, 1836 A list of the Estate of Brady Boggs deceased 1 Yoke Oxen and Cart $45.00 2 cows and calves $20.00 724 lbs Lint Cotten 8 1/2 $61.54 50 bushels corn at 50 ct $25.00 Total $151.54 Out of the above amount I have paid as follows paid David Bates distress warrant $30.00 paid Uriah Wilson attachment $2.00 piad J.B. Griggs " $.75 All costs on the above cases $15.00 Total $47.85 $103.79 We give the above after paying the above cases to the Widow and child support for one year, the remainder being one hundred and three dollars and seventy nine cts. I do certify that the above statement is true to the best of my understanding. J.M. Willis JP page 41 ORDINARY COURT MARCH TERM 1856 Present John Sturdivant, Ordinary The petition of Martha T. LOWE sheweth that she is the widow of William H. Lowe, late of said county deceased and that the deceased left her and one child by her by the name of Martha Ellen who are entitled to a years' support from the Estate of said deceased from the time of his death. Your petitioner further sheweth William R. Lowe is the Executor to the will of said deceased and htat he has had notice of the application more than ten days previous to this date. Your petitioner therefore prays your honor to apportion her and her said child her said support according to the Statutes in such cases made and provided and your petitioner will ever pray. William W. Corbitt, Atty for Petitioner It appearing to the Court that Martha T. Lowe, widow of William H. Lowe late of said county dec'd has notified William R. Lowe, Executor to the will of said deceased that she would apply at this time to the Court to have her years support allowed for her and her child Martha Ellen. It is therefore ordered by the Court that Six Hundred pounds of bacon, thirty five bushels corn and fifty dollars in money, two milch cows such as she may select to milch during said time. Be and the same is hereby allowed out of said William H. Lowe dec'd for the support of Martha T. Loew and her one infant child, Martha Ellen daughter of said deceased for the remaining portion of the year 1856 to the 31st day of October 1856 and it is ordered further that said Executor deliver over to said Matha T. Lowe said allowance without delay and the same so delivered her allowed said Executor in his annual returns of said Estate March 5th 1856. It is further ordered that seventy five dollars be allowed to said widow to purchase clothes for her and her child during the year commencing 31st of October 1855 and ending 31st October 1856. The application of W.D. GRACE for Letters of Administration on the estate of J.B. BOGGS dec' donsidered and ordered that letters of administration issued to said Grace upon his complying in terms of the Law. The petition of Ephraim JOHNSON for the Administration of the Estate of Allen Johnson, late of Taylor County sheweth that dec'd notice has been given and no objection filed it is ordered that Letters of Administration issue to the said Ephraim Johnson upon his complying in the terms of the law. (page 42) The petition of Caleb LINDSEY for the guardianship of the person and property of the orphan children of Wright Johnson deceased granted upon his giving bod and security and taking the oath required by law. Court Adjourned. The petition of Mrs. GOOLSBY, widow of Anson Goolsby dec for a years support in effects of said estate considered and ordered that Henry R. Goolsby Adm in the Estate of Anson Goolsby deceased furnish said petitioner with one years support from the death of said dec to the amount of one hundred dollars in money or other articles necessary for support and the be allowed said Adm in his annual return March 6, 1856. It appearing to the Court that Anon WILLIS, Admin on the Estate of John Hartley deceased has paid out in traveling expenses on this himself of the estate eighteen dollars and twenty five cents. It is ordered by the Court that said Admin be allowed said out of the estate. It appears to the Court that of the assets charged to Anon Willis, Admin, of Jonah Hartley deceased, there is a mistake in the charge of two hundred dollars in entering this note on Anon Willis in the inventory thus is a noted on Hobbs and McCullers that is insolvent there is an amount of eighty four dollars and twenty five cents of insolvent and unavailable amount. It is ordered by the Court that the Admin credit himself with said items by charging them to the estate in his returns. page 43 The petition of Martha Ann BARNES for the Administration of the Estate of Wright Barnes dec'd late of said county, granted and ordered that Letters of Administration issue upon her giving bond and security and taking the oath required by law. The petition of John B. WRIGHT for the Administration of the estate of Frances M. Edwards late of Taylor Coutny deceased, gratned and ordered that Letters of Administration issued upon his giving bond and security in terms of the Law and taking the oath required. It appearing to the Court upon the representation of John B. Wright , Adm of Frances M. Edwards deceased that it would be for the benefit of said estate to sell the perishable property belonging thereto as soon as possible to keep it from waste. It is therefore ordered that said Administrator have leave to sell the perishable property in twenty days after the appraisement thereof or as soon after said twenty days as he should sell property. In the matter of Seaborn MONTGOMERY who advertised his application for Administration on the Estate Mary GREGORY, deceased. The said Montbomery has declined taking the said Administration, due citation has been made of the application. Samuel W. Miller is willing to take the said Administration. It is therefore ordered by the Court that said Miller be appointed Aministration of said Mary Gregory, deceased. It is further ordered that letters be issued to said Miller by his qualifying by entering in to bond in the sum of one thousand dollars with Robert Scandrett as Security whenever said Miller testate. In the matters of Seaborn Montgomery who applies for the guardianship of William G. Gregory orphans of George W. Gregory, deceased. Hiram Caster friend was there to said orphans and caveate this application of Seaborn Montgomery. This caveat prays this appointment by Danniel W. Miller of said county as guardian, the reasons are theses. 1st Daid Miller resides in the said County of Taylor as said Montgomery in the County of Sumpter 2nd Said Miller being an Atty at Law could at all times attend the legal interests of the orphans without expense to the Estate said Montgomery is not an attorney at Law and upon occasion would be obliged to incur expense for collecting as litigation. 3rd said Miller being a permanent resident of Taylor County there would be no probably expense of the removal of the Guardianship from this Court and the expense thereof. Miller and Holsey Atty for Caster I hereby caveat to take the said Guardianship and tender Robert Scandrett as Security on Bond. D.W. Miller Upon due consideration of this application and the caveat and upon proof of the necessary publications. It is ordered by the Court that Daniel W. Miller be and is hereby appointed Guardian of the person and property of William G. GREGORY, a resident of Taylor County, orphan of George W. Gregory, late of Sumpter County deceased. It is further ordered that letters of Guardianship issue to said Miller on his qualifying and giving bond in the sum of Fifteen Hundred Dollars with the tendered security. page 45 ORDINARY COURT MAY TERM 1856 Present John Sturdivant, Ordinary The petition of Nancy BIRD for the Guardianship of her minor children and orphans of Joel Bird, dec. to wit, Tilman Bird, Melender Bird, Sabrina Bird, Elizabeth Bird, Mary B. Bird. Sheweth that the whole of said estate is not more than fifty dollars. It is ordered that letters of Guardianship issue to Nancy Bird upon her giving bond and security in the sum of One Hundred dollars and qualifying in terms of the law. May 14, 1856 The petition of Margaret BOGGS, sheweth that she is the widow of James B. Boggs, late of said County deceased. She petitions to this Court for a twelve month support for her and child, the widow and orphan of James B. Boggs deceased. The fact above stated appear to be true. It is ordered that William D. Grace, Administrator on the Estate of James B. Boggs, deceased pay over to Margarett J? Boggs, Widow of said deceased one hundred dollars in addition to corn already issued for her and child support for one year out of any money belonging to the estate. The petition of Joseph J. WALTON sheweth that Judy ? Lewis a minor resident in said county has a _____ estate without a Guardian. She desires petitioner to become her guardian which he has consented to become the said minor is over the age of fourteen years. Petitioner therefore prays the appointment of Guardianship for said minor. The Estate of said minor consistes in a parcel of land not exceeding three hundred dollars. Petitioners tenders Josph J. Hugg as Security upon a bond. William & Holsey (Atty for Petitioner) The petition has been heard, the statements therein appear to be true. It is therefore ordered by the court that the petitioner be appointed Guardian of the person and property of said minor, that letters of Guardianship issued to him on his qualifying and giving bond in the sum of six hundred dollars with the tendered Security. (page 46) Moses S. Thompson, Admin of Isaac Merchant deceased has petitioned under oath for leave to resign his Administration the cause assigned for this motion is his removal from the county of Taylor. He has been given two months notice of this application in the Journal and Messenger of Macon. James CHAPMAN, of the county of Rusk, Texas has been appointed Admin thereof said deceased whose family uner the said Thompson has turned over to said Chapman Admin as aforesaid in Teaxas a part of the assets that came to his hands as will fully appearby by reference to a manuscript from the records of County of Rusk hereto annexed with the accompanying vouchers- he has made due return to this Court of the residue of the assets that came to his hand. It is therefore ordered by this Court that the amount of assets remaining in the hands of the applicant according to his last return be turned over to said Chapman the said Texas Admin as to said Chapman authorized attorney, in fact, John S. BUCKNER of the said County of Rusk, Texas. It is further ordered that the said Thompson be and is hereby discharged from said Administration. It is further ordered that the annexed manuscript be recorded in the minutes with this order. County of Rusk, Texas. December 28, 1855 A true copy of receipts of Jas. Chapman succession to Moses S. Thompson of the County and State of Georgia 1 note on S.V. Fagan due Dec. 1854 - $300.00 1 note on William Hobbs due October 15, 1854 60.60 1 note on A.S.N. Wilson due Dec.25th 1854 8.00 1 note on Thomas R. Gates & W.H. Lowe due Oct 1, 1855 26.22 1 note on John L. Bazemore & S.F. Bazemore " 26.22 3 notes on J.W. Bryant and W.H. Lowe " 85.44 3 notes J.W. Bryant & W.H. Lowe " 88.62 9 notes W.H. Lowe and J.W. Bryant " 270.62 3 notes Stephen and Aneas Rogers " 62.15 1 note Mathew and Stephen Rogers " 5.20 1 note Stephen Rogers " 20.60 1 note A.J. Hobbs and J.H. Purvis " 18.50 1 note J.S. Mensey? and Wm Thompson " 10.75 1 note G.T. Coxwell and Y.S. Joiner " 19.50 1 note A.S.N. Wilson and Willis Hobbs " 10.20 1 note T.V. Fagan due 25th Dec 1855 1250.00 1 note W.H. Rey due " 2.50 1 note J.F. Harmon Oct 1, 1855 8.20 1 accts on Daniel Seler - 6.40 1 " Winfield Sesserson 1.75 1 note R.R. Respess and G.W. Johnson Oct 1st 1855 7.75 One Negro man same aged about 45 appraised at $1000.00 Received of Moses S. Thompson former Adm of the estate of Isaac Merchant, dec'd late of Taylor County and State of Georgia one hundre dollars money collected by Moses S. Thompson aside from the within specific receipts. page 47 Vouchers of Moses S. Thompson Isaac Merchant Grocery Acct sworn to by Y.S. Joiner before W.A.H. Royal, J.P. for - $19.73 Blacksmith Accts of P.C. Carr sworn to before John Sturdivant JP voucher No 2 for $2.62 Actts of John M. Hobbs sworn to before Jerdon Wilcher, JP for $2.93 1 Acts sworn to before B.P. Rouse by S.R. Hobby for $1.00 1 Acct sworn to by Willis Hobbs before B.P. Rouse, J.P. $17.05 Bemj F. Resse Plft Attorny Recept $170.50 1 note due Bennett Stewart 66.00 1 note due J.R. Stephens 16.50 1 note due Wm Thompson 93.70 Account of Moses S. Thompson,vis Estate of Isaac Merchant dec'd sworn before Willis Hobbs JP for services for $218.80 Sundry claims Voucher No 11 $14.40 one note on Jas E. Smith for one hundre dollars $100.00 one note on Moses S. Thompson and Humphry Thompson for $265.97 The sum of thirty dollard due James Chapman $30.00 Total $1019.21 The State of Texas, Rusk County. Before me the undersigned authority this day personally appeared Moses S. Thompson to me known and being duly sworn on oath says that the above and foregoing is a true and correct statement of the Estate of Isaac merchant dec'd as the same is now in his hands sworn to and subscribed before me. Moses S. Thompson Given under my hand and seal of office at office in Henderson this the 31st day of December A.D. 1855. John C. Miller Chief Justice Rusk County, Texas I, J.G.Gowan, clerk of the County Court of Rusk County do hereby certify that John C, Miller whose signature appears to the above and foregoing affadavit is and was at the time of his deposing the same the Chief Justice within and for the County of Rusk duly elected, commissioned and qualified and that all be official acts as such are entitled to full faith and credit. Given under my hand and seal of office at office in Henderson this the 31st day December A.D. 1855. J.G. Gowan, CCC Rusk page 48 ORDINARY COURT JUNE TERM 1856 Present John Sturdivant, Ordinary The petition of Samuel P. CORBIN for letters of Guardianship of the person and property of William T. CORBIN, orphan child of Napoleon B. Corbin. Granted and ordered letters of guardianship issued upon his giving bond and security in the sum of four thousand dollars and qualifying in terms of law. The petition of N.H. TAYLOR and William P. Taylor Exers of G.L. Taylor, dec'd for leave to sell the notes and ? belonging to the estate of said dec'd which are insolvent or considered so. It is ordered that said Executors have leave to sell insolvent papers by advertising in terms of law. At April Term Superior Court of said County of Taylor, the grand jurors recommended a Tax of twenty five per cent on the State for the Education of the poor children of said County. It is ordered that a tax of twenty five per cent on the State for the Education of the poor children of said county and further ordered that the Tax Collector of said County of Taylor collect the same and pay over to the Treasurer of the poor school fund for educational purposes. Court Adjourned. page 49 ORDINARY COURT JULY TERM 1856 Present John Sturdivant, Ordinary The petition of Anne R. DENNIS for the Guardianship of the persons and property of Julian T. Dennis, Hugh H. Dennis, Thomas B. Dennis, Mary B. Dennis and Susan E. Dennis, orphans children of William T. Dennis, dec'd sheweth that the Estate of said orphans and minor children consist of two negros, to the value of twenty four hundred dollars. It is ordered that Anne R. Dennis be and is hereby appointed guardian of the orphans aforesaid and that letters of Guardianship issue upon her giving bond and security of the sum five thousand dollars and taking oath required by law. ORDINARY COURT AUGUST TERM 1856 Present John Sturdivant, Ordinary Court adjourned til Monday 11th. Court met according to adjournment. The application for letters of Admin on the Estate of Thos T. SHINE late of said county, dec'd continued. It appearing to the Court that S.R. STEPHENS,[Admin for Inman Stephens] late of Taylor County deceased has given notice in the Georgia Telegraph, a public journal of this state that he would apply to the Ordinary of Taylor County for leave to sell lots of land number one hundred and ninety six in the third Dist of originally Muscogee now Taylor County said land belonging to said Estate which has been duly published according to law and no objection being files. It is ordered tht said Adm have leave to sell said land according to Law. page 50 Ordinary's office of said County, August 4th 1856 To Thomas D. BRAND and William H. ROYAL, Justices of Peace, in and for said County. Whereas I have received information upon the application of Aaron WINDHAM that William H. WINDHAM, a son of said Aaron Windham is now a lunatic or as he believes him to be and applies to me for a commission of lunacy. You and each of you are commanded to hold said commissionery Court at a time and place selected by you in county and cause to be summoned twelve Commissioners selected by you and summon them to appear at said place and time to hear the evidence and decide upon the case directed by law, herein fail not. Given under my hand and signature this the day and year above written. John Sturdivant We the undersigned commissioners selected, summoned and swore in conformity to the statutes in such cases made and proved for the purpose of having and determining whether or not William H. Windham of said county was a lunatic have this day examined witnesses before us in conformity to law and from the evidence do unanimously decide that said William H. Windham is a lunatic and a fit and proper applicant for the lunatic assylum. Given under our hands and signatures as such commissioners this the 25th day of August 1856. Samuel Royal Jeremiah Wilcher Edmund Stewart A.S.N. Wilson Enoch F. Collins John S. Murray Zachariah Wadkins William Thompson Bennett Stewart Simeon Thompson Wm. A.A. Royal, J.P. page 51 ORDINARY COURT SEPTEMBER TERM 1856 Present John Sturdivant, Ordinary The petition of Martha E. SHINE, widow of the late Thomas T. Shine, for letters of Administration on the Estate of said Thomas T. Shine, sheweth that due legal notice has been given and no objection filed. It is ordered that Letters of Administration issued to Martha E. Shine upon her giving bond and security in the sum of seventy five thousand dollars and taking the oath required by law. Court adjourned until Monday 22nd September. Anne R. DENNIS comes in to Court gives bond and security as Guardian of the minor children of W.T. Dennis, qualifies in terms of the law and takes letters of Guardianship. The petition of Jordan WILCHAR for letters of Administration on the Estate of James Wilchar late of Taylor County dec'd sheweth that due legal notice has been given & no objection filed. It is ordered that letters of Administration issue to the said Jordan Wilchar upon his giving bond and security in the sum of one thousand dollars and take the oath required by law. ORDINARY COURT OCTOBER TERM 1856 Present John Sturdivant, Ordinary It appearing to the Court that Martha T. LOWE guardian of the person and property of Jeffersonia K. Brooks has applied for leave to sell Amos, a Negro man belonging to said Jeffersonia K. Brooks. It is ordered that said Martha T. Lowe Guardian as aforesaid have leave to sell said Negro. Aman WILLIS, Admin on the Estate of Josiah HARTLEY, late of Taylor County deceased applies to this Court for letters of dismission from said Administration and sheweth that he has been appointed Guardian for the minor children of the deceased by the Ordinary of Upson County, GA and that the amount found in his hands as Administrator is now held by him as Guardian for said minors. Due and legal notice has been given and no objection filed. It is ordered that letters of administration be granted to the said Aman Willis. Benjamin R. Searcy Administrator on the estate of A.G. Alsobrook, deceased applies to this Court for letters of dismission from Administrator and shoeweth that he has fully administered and paid over all assets in his hands to the proper persons authorized to receive the same and no objection filed in my office. It is ordered that Letters of Dismission issue to the said Benjamin R. Searcy, Adm as foresaid. James T. Harmon, Administrator on the estate of Joel BIRD late of Taylor County deceased applies to this Court for letters of Dismission from said Administration and sheweth that due and legal notice has been given and no objection filed. It is ordered that Letters of Dismission issued to the said James T. Harmon, Administrator as aforesaid. Court adjourned to 20th October. Court met according to adjournment. The petition of Ephraim JOHNSON Administrator on the estate of Allen JOHNSON, late of this county deceased sheweth that it would be to the interest of said estate to sell the land and Negroes belonging thereto as an equal division could not be made. It is ordered that Ephraim Johnson, Adm, have leave to sell said land and negros reserving to the widow of said deceased her right of dower in said lands by advising as the law directs. ORDINARY COURT NOVEMBER TERM 1856 Present John Sturdivant, Ordinary It appearing to the Court that John WINDHAM has intermarried with Sarah E. BOWDEN, Administrix on the estate of James BOWDEN, late of said county deceased, and it further appearing that said John Windham applies for letters of Administration on the estate of said deceased for the purpose of continuing the same and settling up said estate. It is ordered that letters of administration be issued to the said John Windham upon his giving bond and security in terms of the Statutes in such cases made and provided. The petition of William T. TAYLOR and Nathan H. TAYLOR, Executors of George L. TAYLOR deceased for letters of dismission sheweth that due notice has been given and no objection filed. It is ordered that letters of dismission issued to said Wm. T. Taylor and Nathan H. Taylor, Executors. The petition of James L. WIGGINS for letters of Administration on the estate of William W. Wiggins, late of said county deceased sheweth that due and legal notice has been given and no objection filed. It is ordered that Letters of Administration be issued to the said James L. Wiggins upon his giving bond and security and qualifying in terms of the Law. It appears to the Court that it would be proper for the personal property of Mary GREGORY late of Taylor County to be sold at an early day. IT is ordered by the Court that D.W. Miller, her Admin be authorized to sell said estate upon advertising the same ten days. Anne R. DENNIS Adm of William T. Dennis dec'd applies for dismission from her administration. She has administered the same fully. Petitioner therefore prays an order requiring citation to issue requiring all person concerned to shew cause why this application should not be granted by said Court on the first Monday in June next. Miller and Holsey, Petitioner's Attny It is ordered that Citation issue and be published agreeable to Law in accordance with the prayers of the above Petitioner. Court adjourned until Monday 10th. page 54 Court met according to adjournment. The petition of Martha E. SHINE for leave to sell the land belonging to Thomas T. Shine, late of Taylor County deceased. Sheweth that due and legal notice has been given and no objection viled. It is ordered that Martha E. Shine Admix on the Estate of said deceased have leave to sell the land belonging to the estate of said deceased in terms of law in such cases made as provided. It is further ordered that C.F. FICKLAND, Benjamin BEELAND, Samuel P. CORBIN, Gideon NEWSOM or Bryant INGRAM be and is hereby appointed to make distribution of the Negros belonging to the estate of Thomas T. Shine late of Taylor County deceased among the heirs and legatees at Law of said deceased. Bartlett McCRARY, Admin on the estate of John McCRARY, late of said county dec'd applies to this court for letters of dismission from said Administration. It is ordered that citation issue in terms of the law in such cases made and provided. Anne R. DENNIS, Adminx of Wm T. DENNIS dec'd applies for dismission from Administration - ordered that citation issue in terms of the law in such cases made and provided. Harriet PERRY, Administrator, on the estate of C.Y. PERRY, deceased applies to Court for leave to sell the negros belonging to the estate of said deceased and sheweth that an equal division of said Negros could not be made. Due notice has been given and no objection filed. Ordered that she have leave to sell said Negros by advertising and selling in terms of Law. *In 1860 census, listed as tavern keeper Harriet PERRY, Widow of the late C.Y. PERRY, dec'd, applies to this Court for Guardianship of her minor children viz Florida F. Perry, Augustine E. Perry, Arthur C. Perry, Eldridge M. Perry, Emelia E. Perry, Martha M Perry, Laura E. Perry and Octavia Perry, orphans of Charlton Y. Perry Dec'd and offers for security Willis McLendon. Ordered that Harriet Perry be and is hereby appointed Guardian of said orphans during their miniority upon her giving bond in the sum of twenty thousand dollars and taking the oath required by Law. Harriet PERRY, Admx on the estate of Charlton Y. Perry dec'd comes into Courth with Willis McLENDON, her Secuirty and tenders additional Bond and Security for her faithful performance as Admx on the estate of Charlton Y. Perry, dec. Ordered that said Bond be issued and recorded as the Law directs. Court Adjourned. page 55 ORDINARY COURT NOVEMBER 17th, 1856 Present John Sturdivant, Ordinary Ordinary Court in Chambers. The petition of Martha E. SHINE, widow of Thos T. Shine, dec'd for one years support from the death of sai dec'd. Ordered that C.F. FICKLING, Samuel P. CORBIN,, S. DUKES, Gideon NEWSOM and Bryant INGRAM be and are hereby appointed appraisers to assess the sum necessary for the support and maintenance of the widow and children of Thomas T. Shine deceased for the term of twelve months and to set apart that amount in money or such property as may be selected by the widow at fair evaluation. And that you set apart for the widow a sufficent amount of the household furniture for the use of the widow and children of said deceased. ORDINARY COURT DECEMBER TERM 1856 Present John Sturdivant, Ordinary Petition of Martha E. SHINE, Admix on the estate of Thomas T. Shine, late of Taylor County, deceased asks leave to sell a portion of the cotton crop of said deceased. Ordered that said Admix have leave to sell a portion of said cotten at private sale and return the bill to this Court as the Law directs. The petition of Thomas ANDREWS of the county of Crawford in said state sheweth that he applies for the Guardianship of the person and property of Roena Lowe, orphan daughter of William H. Lowe, late of Taylor County deceased. An application has been made also by John FLOURMENS for said guardianship his application has been duly published according to Law. A Caveat has been entered by the relatives of said Roena. The estate of said orphan is worth about five thousand dollars. Petitioner tenders Wm M. Montfort, John W. Bryant, and James P. Lowe as his Securities in a bond. Miller and Holsey, Petitioners Attrny The above petition has been heard, the facts stated in it appears to be true. It is ordered by the Court that Thomas Andrews be and he is hereby appointed Guardian of the person and property of the said Roena A. Lowe upon his giving bond for ten thousand dollars with the tendered Securities and qualifying according to Law. The petition of Thomas Andrews, Guardian of Roena A. Lowe, orphan of William H. Lowe deceased sheweth that he resides in the county of Crawford in said state and desires to remove his said guardianship from said county of Taylor to said County of Crawford. Petitioner prays and exemplication of all the records in this county connected with said guardianship for removal to said County of Crawford. Miller and Holsey, Petioners Attny The above petition appears to be true. Ordered by the Court that the exemplication prayed for be granted and that thereafter the said Guardianship be removed to said Crawford County upon the said Guardian complying with the Statutes in such cases made and provided. James M. LOWE and Augustus L LOWE minor children of William H. LOWE, dec'd being above the ages of fourteen years comes in to court and prays that James P. Lowe be appointed their guardian. It is ordered that James P. Lowe be and is hereby appointed guardian of the persons and property of James M. Lowe and Augustus L. Lowe, mines of William H. Lowe deceased. Court adjourned. page 57 ORDINARY COURT JANUARY TERM 1857 Present John Sturdivant, Ordinary At this term of the Court comes James L. WIGGINS, gives Bond and security and qualifies as Adminstrator on the estate of Wm W. WIGGINS late of Taylor County. John FORSHEE applies to this Court for Letters of Guardianship of his minor children, viz. John Forshee, Rebecca Forshee, Noah Forshee, Epsey Forshee, Mildred Tollach? Forshee. Granted and ordered that Letters of Guardianship issed upon his giving Bond and security in the sum of Seven Hundred dollars and qualifying in terms of the Law. [When the father applied for guardianship, it usually meant that the children were named as heirs in a will and needed a legal guardian for their rights in that inheritance. This might be a grandparent's will, but it could be anybody (godparent, friend, etc.)] Peter E. RILEY, Adm on the Estate of John SINGLETON, deceased, applies for Letters of Dismission. Ordered that citation issued. Samuel P. CORBIN applies for Letters of Administration on the estate of Isabella STEWART, late of said County deceased. Ordered that Citation issued. Thomas WILSON applies to this Court for a writ of Lunancy in the case of Joshua WILSON of said county. Ordered that said writ issued. Anne R. DENNIS Guardian of the orphans of William T. DENNIS dec'd applies for leave to sell all the Slaves belonging to said orphans. This application has been published according to Law. Such sale would be for the benefit of said orphans. Miller & Holsey, Petitioners Atty It appears to the Court fully and plainly that the statement on the above petition are true. No objection is made. It is ordered by the Court that the applicant have leave to sell all of said slaves by complying with the regulations of the Law in regulations of the Law in such cases. The petition of William R. LOWE, executor of William H. LOWE, respectfully sheweth that it in the interest of the Legatees of said estate that a distribution of said Estate the Negroes should be divided. It is therefore ordered by the Court that Levi TURNER, Edmund STEWART, Alex WILSON, Wyatt BROOKS, Julius TURNER and W.A. ROYAL be and are hereby appointed to appraise said negroes. page 58 The petition of Martha T. LOWE sheweth that Marth E. LOWE, a minor, fourteen years old orphan of William H. LOWE resides in said county of Taylor said minor is the daughter of your petitioner prays to become the guardian of said minor and tenders James DUGGER and Daniel ROYAL as Securities on Bond. Miller & Holsey, Atty It appears to the Court that the Statements in the above petition are true. It is ordered by the Court that the applicant be and is hereby appointed Guardian of the person and property of said Martha E. LOWE and that she give bond in the sum of Ten Thousand dollars with the tendered securities and that she qualify according to Law. Court adjourned. page 59 ORDINARY COURT FEBRUARY TERM 1857 Present John Sturdivant, Ordinary The petition of Samuel P. CORBIN for letters of Administration on the Esate of Isabella STEWART, late of said County deceased. Sheweth that due and legal notice has been given and no objection filed. It is ordered that letters of Administration issue to the said Samuel P. CORBIN upon his giving bond and security in the sum of thirty thousand dollars and taking the oath required by law. James GRIFFITH applies to this Court for letters of Admin on the Estateof John R. LUCUS deceased. Ordered that Citation issue in terms of the Law. Matilda JOHNSON, Widow of Allen JOHNSON, dec'd comes into Court and applies for the Guardianship of her minor children, viz William G. Johnson, John J. Johnson, and George A. Johnson, orphans of Allen Johnson, dec'd. Ordered that letters of Guardianship issue to the said Matilda Johnson upon her giving bond and Security in the sum of Four Thousand Dollars and taking the oath required by Law. (see also Distribution of Estates - page 10) To James TILLERY and David P.M. BRAND, Justices of the Peace, and James A. RUCKER, Jesse STALLING, James WINCHELL, John B. WRIGHT, Charles LLOYD, Absalom RHODES, J.J. WATTON, A.L. EDWARDS, M.D., Jesse ADAMS, Thomas H. BROWN, John H. GRACE, John MILLER, E.H. WILSON, R.B. RUCKER, JJ HUFF, P.E. MONTFORT and James B. HUFF. Whereas it is represented to me by Thomas WILSON that Joshua WILSON of said county is a lunatic incapable of managing his affairs and that said Joshua Wilson is entitled to considerable estate, both real and personal, and whereas said Petitioner prays the appointment of a guardianship for said Joshua Wilson, your or any twelve of you are therefor hereby authroized to have brought before you at such time and place in said county as you may deem fit and proper the person of the said Joshua Wilson and after you being sworn to proceed to examine said Joshua Wilson as to his aledged lunancy and to examine witnesses to the alledged facts upon oath and make your return to the said Court of Ordinary to be held in and for said County on the first Monday in March next that such otherwise further order may be made in the case as to right and justice shall assertain. Given under my hand at office this February 9th, 1857. John Sturdivant page 60 I therefore certify that the Commissioners A.L. EDWARDS, M.D., A.M. RHODES, E.H Wilson, JJ WALTON, James A. BROOKS, Thomas H BROWN, R.B. RUCKER, J.H. MILLER, Jesse STALLINGS, P.T. MONTFORT, JJ HUFF, Jas B. HUFF were by me duly sworn to the execution of this therein within Commission. Given under my hand and official signature this February 21st, 1857. John Sturdivant By virtue of a Commission to us directed bearing date ninth February 1857, we the undersigned commissioners after being sworn have caused Joshua WILSON, the person alledged to be a lunatic in said county to come before us at Butler in said County on this the 21st day of February 1857 and after the inspection and examination of said Joshua Wilson by us and after the examination upon oath of William Wilson touching the lunacy of said Joshua Wilson we deliberate and declare that Joshua Wilson is periodically a lunatic and is therefore incapable of managing his affairs all of which is respectfully submitted. Given under our hands this February 21st 1857. J.H. MILLER, Jesse STALLINGS, P.T. MONTFORT, JJ HUFF, James B. HUFF, A.L. EDWARDS, M.D., R.B. RUCKER, Thos H. BROWN, Jas H. RUCKER, J.J. WALTON, E.H. WILSON, A.M. RHODES It appearing to the Court by the return of the Commissioners appointed for that purpose that Joshua Wilson of said county is periodically a lunatic and is therefore incapable of managing his affairs and it also appears that said Joshua Wilson is entitled to considerable property, both real and personal. On motion it is ordered that Thomas Wilson of said County of Taylor be appointed Guardian of the person and property of Joshua Wilson and that letters of Guardianship issue to said Thomas Wilson upon his giving Bond and security in the sum of Nine Thousand Dollars and taking the oath prescribed by the Statutes in such cases and provided. Court Adjourned. page 61 ORDINARY COURT in Chambers MARCH TERM 1857 Present John Sturdivant, Ordinary The petition of Samuel P. CORBIN, Adm on the Estate of Isabelle STEWART, late of said county deceased sheweth that it would be to the best interest of said Estate to sell the perishable property of said estate as soon as possible, it being in a state to waste. It is ordered that Samuel P. Corbin Adm of Isabelle, late of Taylor County deceased have leave to sell the perishable property of said dec'd by advertising at least Ten days. ORDINARY COURT APRIL TERM 1857 Present John Sturdivant, Ordinary The petition of Martha E. SHINE, Adm on the estate of Thos G. Shine deceased, petition this Court for leave to sell the Negroes belonging to the Estate of said deceased. Sheweth that an equal division of said negroes cannot be made so as to be equal to each legatee. It is ordered that Martha E. Shine Admx as aforesaid have leave to sell said negroes by advertising and selling as the Law directs. The order appointing divisions the 10th November, 1856 recorded. The petition of Joseph J. WALTON respectfully sheweth that he is desirous of being dismissed from the Guardianship of Julia LEWIS a minor of said county and that the necessary steps may be taken for that purpose according to Law and that he is ready and willing to account for his actions and doings in the previous. Miller & Holsey, Attny The petition of James GRIFFITH for letters of Admir on the Estate of John R. LUCASD decd - considered and ordered that letters of Adminstration issue to the said James Griffith upon his giving bond and security in the sum of Two Thousand dollars and qualifying as the Law direct. The petition of Miles TAYLOR for letters of Administration on the estate of Martha TAYLOR late of said county. Considered and ordered that letters issue upon his giving bond as the Law directs. Court Adjourned. Inserted loose papers in page 62-63 [first small paper] We the undersigned give it as our opinion that an equal division of said Negroes couldn't be made amont the Legatees Apr 6, 1857. Gideon Newsom, Benjamin Beeland. The within order recorded at April Term 1857. [second three page letter] Transcript The State of Alabama Coosa County Probate Court Vacation March 3 A.D. 1855 This day came Josiah J. BICKLEY and makes application for Letters of Guardianship on the Estate of Soloman BICKLEY, Lucinda E. BICKLEY, Nancy A. BICKLEY, Mississouri BICKLEY, and Samuel BICKLEY minor heirs of Joseph BICKLEY deceased, and those over the age of Fourteen having made choice of said Josiah J. Bickley as their Guardian, it is therefore order that Setting of Guardianship issue to said Josiah J. Bickley on his entering into Bond with approved Security in the sum of Ten Thousand Dollars conditioned as the Law directs. It is further considered by the Court that said Guardian return an Inventroy of said wards affects to the Court within sixty days from date hereof. Witness J.W. Suttle, Judge of Probate Bond. The State of Alabama. Coosa County. Know all men by these present that we Josiah J. Bickley, James F. Welch, Robert Stewart, John Christi and David A. Griffin are held and firmly bound unto Isaac W. Suttle, Judge of Probate for the County and State aforesaid and his successors in office in the sum of Ten Thousand Dollars; the payment of which well and truly to be made and done, we bind ourselves, our, and each of our heirs executors, Administrators and Assigns jointly and severally firmly by these present. Sealed with our Seals and dated this 10th day of February A.D. 1855. The condition of the above obligation is such that whereas the above bounden Josiah J. Bickley, has this day been appointed Guardian of the Estate of Soloman Bickley, Lucinda E. Bickley, Nancy A. Bickley, Mississouri Bickley and Samuel Bickly all minor heirs of Joseph Bickley dec'd. Now if the said Josiah J. Bickley shall well and truly and faithfully perform all the duties which are, or may be by law required of him as such Guardians then the above obligation to be void, otherwise to remain in full force. J.J. Bickley, J.F. Welch, Robt Stewart, John Christi, David A. Griffin (all sealed) Approved by me March 3, 1855, J.W. Suttle, Judge of Probate Letters. The State of Alabama. Coosa County. Probate Court. March 3, 1855 To all to whom these presents should come, Greeting: Know ye, that Josiah J. Bickley of the county of Coosa State aforesaid is hereby constituted and appointed Guardian over the persons and property of Solomon Bickley, Lucinda E. Bickley, Nancy A. Bickley, Mississouri Bickley and Samuel Bickley all minor heirs of Joseph Bickley dec'd; and the said Josiah J. Bickley having given bond and security as required by Law, is hereby constituted, appointed and invested with all and sigular the powers and immunity of Guardian of said minors which may of ribe be exercised under the laws of this State. Witness Isaac W. Suttle, Judge of Probate at Probate Court begun and held on 3rd day of March A.D. 1855. J.W. Suttle, Judge The State of Alabama. Coosa County. J.A.A. McMillan, Judge of the Probate Court in and for the County and State aforesaid and ex officio clerk of the same, hereby certify that the foregoing contained on pages number one to three inclusive is a true full and complete transcript from the Records of the said Court of the Order of Appointment of Josiah J. Bickley, Guardian of the said minor heirs of Joseph Bickley deceased; the bond of the said Josiah, together with the Letters of Guardianship. In Testimony whereof, I have hereunto set my hand and affixed the seal of the said Court at office in the tonw of Rockford on this 29th day of January A.D. 1857. A.A. McMillan, Judge Probate page 62 ORDINARY COURT in vacation APRIL 29th 1857 On the application of James GRIFFITH, Admin of J.R. LUCAS, dec'd. It is ordered that C.F. FICKLAND, Thomas DRAWHORN, David BEELAND be and hereby appointed appraisers to assess the sum necessary for the support and maintenance of the widow and children of the deceased for the term of twelve months support and to set a part that amount in money or such property as may be selected by the widow at fair valuation. You will further set apart for the widow a sufficient amount of household furniture for the use of widow and children of the said deceased. ORDINARY COURT MAY TERM 1857 Present John Sturdivant, Ordinary The petition of Jacob W. Bickley who was by this Court appointed Guardian of the person and property of Samuel Bickely, Missouri Bickley, Lucinda Bickley, Nancy Bickley and Solomon Bickley, orphans of Joseph Bickley, deceased sheweth that said wards resides in the State of Alabama, the County of Coosa and that Joseph J. Bickley is their Guardian who resides in said State and county aforesaid whose name has the contents and management of wards estate. And the said Jacob W. Bickley further sheweth by his return to this Court that he never rec'd any property or money belonging to said wards, but shews that he has expended for their benefit while they resided in the County of Taylor, the State of Georgia the sum of three hundred and fifteen dollars eighty seven cents. Notice has been given to the Georgia Journal printed in Maco GA of his intention to apply to this Court for Letters of dismission and no objection filed. It is ordered that Letters of dismission issue to said Jacob W. Bickley, Guardian as aforesaid. In Obedience to the reccomendation of the Grand Jury at April Term 1857 it is ordered that the Tax Collector collect the amount of twenty per cent on the State Tax for Poor School purposes. Court Adjourned. page 63 Ordinary's Office May 28, 1857 Martha A. BARNES Admix on the Estate of Wright BARNES dec'd applies to me for letters of dismission from said Administration. Ordered that Citation be granted. ORDINARY COURT JUNE TERM 1857 Present John Sturdivant, Ordinary The petition of Anne R. DENNIS Admin of William T. DENNIS for letters of dismission from her Administration continued til July Term. The petition of Charles MULKEY for Letters of Administration on the Estate of Bradford MULKEY dec'd granted and ordered that Letters issue upon his giving bond and taking the oath required by Law. The petition of Martha A. BARNES for the Guardianship of her minor children and the children of Wright BARNES dec'd to wit: Mary E. BARNES, Susan A. BARNES, Sarah M. BARNES, granted upon her giving bond and security and taking the oath required by law. Upon the applicatin of Joseph J. WALTON, Guardian of Judy LEWIS praying to be dimissed from the Guardianship of the said Judy Lewis and he having made return of all his acting and doings in the premises to the full satisfaction of this Court. Ordered that he be and is hereby discharged from Guardianship. Upon this applicaiton of Judy Lewis, a minor of said County. Ordered the Benjamin F. REESE be and he is hereby appointed her guardian in the place of Joseph J. WALTON, discharged the said Benjamin F. Reese having given bond and Security in terms of the Law. Court adjourned. page 64 ORDINARY COURT JULY TERM 1857 Present John Sturdivant, Ordinary It appearing to the Court that Bartley McCRARY Adminstrator on the Estate of John McCRARY, late of Taylor County deceased has applied to the Court for letters of dismission from said estate which notice has been published according to law and it further appearing that said Bartley has fully administered and paid to the several distributeees thereof the amount due from said Estate. It is ordered that said Bartley Adminsitrator as aforesaid be and he is hereby dismissed from said Administration. Whereas Daniel W. MILLER, Adm of John CHARLES, deceased has applied for dismission. Citation has been duly published according to Law. No objection has been made. It appears that said Amd has faithfully and honestly discharged his duties as such Adm. It is therefore ordered that he be and is hereby discharged from his liability as such Adm and that Letters of Dismission issue accordingly. Whereas Anne R. DENNIS, Administrix of William T. DENNIS, has petitions for dismission from her Administration the said application has been duly advertised the space of sixth months. No objection has been made by any person and it also appears that said Adminx has faithfully and honestly discharged the trust and confidence resposed in this. It it therefore ordered that said Aministrix be abd us hereby dismissed and released from her Security as Administratix as aforesaid. Court Adjourned. page 65 (no August term) ORDINARY COURT SEPTEMBER TERM 1857 Present John Sturdivant, Ordinary The petition of Everett H. HORTON has been considered and ordered that James D. Tennison is hereby appointed Guardian of the said Everett H. HORTON upon his giving Bond and Security and qualifying in terms of the Law. The petition of Benjamin GAULTNEY for the Administration of the Estate of Stephen HOBBS, late of said County dec'd due legal notice has been given and no obejction filed it is ordered that Benjamin GAULTNEY be and is hereby appointed to Administration as aforesaid upon his giving Bond and Security and taking the oath required by law. The petition of Enoch DUKE for the Administration upon the Estate of Wright BARNES dec'd in place of Martha E. BARNES, the former Admins whose letters states by her intermarriage with Benjamin WATSON due and legal notice has been given and no objection filed it is ordered that Enoch DUKE be and is hereby appointed Admins upon his giving Bond and Security and taking the oath required by law. Petition of Peter E. RILEY, Admin on the Estate of John SINGLETON dec'd for letters of dismission from his Admin, due notice has been given and no objection filed and further sheweth that said estate has been fully administered and that this money and effects that he now has in his hand or holds as Guardian of the minor children of said dec'd. Ordered that Letters of Dismission issued to him the said Peter E. RILEY, Admin as aforesaid. page 66 ORDINARY COURT NOVEMBER TERM 1857 Present John Sturdivant, Ordinary The petition of Lavenia WILCHER, Widow of James Wilcher, late of said county deceased sheweth that she has surviving her said husband one child a daughter aged about eight months and that Jourdan Wilchar, Senior late of Marion County dec'd intestate leaving considerable property both real and personal and that the said child of said James deceased. To wit: Ophline J. Wilcher is a heir at law Jourdan Senior deceased and in order that she may have justice done in the premises, your petitioner prays that Letters of Guardianship may issue to her as the Mother of said Opheline J. Wilcher and your Petitioner will ever pray. Reese and Corbett - Attys for petitioner It appearing to this Court that the facts stated in the above petition are true. It is ordered that letters of Guardianship do open to Lavenia Wilcher, the petitioner as above for said Ophilene J. Wilcher minor and orphan child of James Wilcher, dec'd upon her giving bond and security in the sum of Eight Thousand Dollars with good and sufficient Security and taking the Oath as prescribed by law. (See also below Nov 1858 - death of Lavenia) William M. STEVENS and Wiley G. STEPHENS comes into Court and asked that Seaborn R. Stephens be appointed their Guardian, they being over the age of fourteen. It is ordered that Seaborn R. Stephens be and is hereby appointed Guardian of the persons and property of William M. Stephens and Wiley G. Stephens upon his giving bond and good security in the sum of Sixteen Hundred Dollars and taking the oath required by Law. In open Court personally came Winnifred Ann EDWARDS, Executrix, and James H. EDWARDS and Micajah T. EDWARDS executors of the last will and testament of William P. Edwards late of said County and produced before me the last will and testament of William P. EDWARDS, deceased and the witnesses of said will to wit: Henry H. MANGHAM, James P. ROUSEAU, and Green MATHEWS which witnesses being duly sworen depose and say that they saw William P. Edwards the testator sign, seal and decalre and publish in instument now presented as his last will and testament freely and of his own accord and without any compulsion or influence whatsoever that the time of the execution of said will said Testator was of sound and disposing mind and memory that they signed said will as witnesses in the presence of the Testator and at his special insistence and requent and in the presence of each other. Sworn to and subscribed before me in oprn court this 2nd day of Nov 1857- John Sturdivant, Ordinary. Henry H. Mangham, James P. Rousseau, Green Mathews page 67 The within and foregoing last will and testament of Wiliam P. Edwards deceased being duly read and proven in open court by the oath of the subscribing witnesses it is ordered that same be admitted to record. Whereas it is known to me, John Sturdivant, Ordinary of said court that the bond and security given by John B. WRIGHT, as guardian of Jeremiah NIX and illegitimate minor of said county are insufficient for the safety and security of the interest of said ward intrusted to him. It is therefore ordered by the Court that said John B. Wright, guardian afroesaid shew cause at the next term of Court of Ordinary for said County on the first Monday in December why he should not enter into a new bond for an account and with security such as will be sufficient for the protection of the interest of said ward or else his said Guardianship will be revoked. I hereby acknoweldge service of the above rule viar (wavering copy) Nov 7th 1857. John B. Wright. Court adjourned until Monday. Court met according to adjournment. The petition of Benjamin Gaultney, Admin of Stephen HOBBS deceased sheweth that it would be to the interest of said estate to sell the lands belonging thereto. It is ordered that Benjamin Gaultney Adm of said Stephen Hobbs late of Taylor County dec'd have leave to sell land belonging to said estate by advertising and selling as the law directs. [Ed note: Benjamin was husband of Catherine A, the daughter of Stephen Hobbs] page 68 ORDINARY COURT DECEMBER TERM 1857 Present John Sturdivant, Ordinary It appears to the Court that John B. WRIGHT, guardian of the person and property of Jeremiah NIX an illegitimate minor of Taylor County has been served with a rule nisii passed by this Court requiring him to shew cause why he should not give new Security as Guardian as aforesaid or he be dismissed from his said guardianship. It appears also from an investigation that his actings and doings that the bond he has given and the surety are entirely insufficient in amount and responsibility and said guardian has failed to shew cause under the said rule as to give a new bond and security as required. It is therefore ordered by the Court that the said Guardian be and is hereby dimissed from his said guardianship and all his power revoked. It appears to the Court that Benjamin F. REESE has regularly to this court for Letters of Administration on the estate of Rebecca Bergin , late of New Jersey dec'd which application has been published according to law and no cause being shewn why letters should not issue to said applicant it is therefore ordered that letters of Administration of the Estate of said Rebecca Bergin do issue to said Benjamin F. Reese upon his giving Bond and security in the terms of four hundred dollars and taking the oath prescribed by law. It appears to this court that John WHATLEY has regularly applied to the Court for letters of Administration on the estate of Daniel WHATLEY, late of Taylor County dec'd. Application has been published and no objection filed. It is ordered that Letters of Administration issue to him the said John Whatley upon his giving bond and security in the sum of eight hundred dollars and taking the oath required by Law. [Note: Daniel was a Rev. Soldier and the father of John Whatley] William McDOWELL applies to this court for letters of Guardianship on the person and property of the orphans of John MATHEWS, dec'd and shews that due and legal notice has been given and no objection filed. It is ordered that letters of Guardianship be issued on his giving bond and security and taking the oath required by law. Court adjourned. page 69 ORDINARY COURT JANUARY TERM 1858 Present John Sturdivant, Ordinary Court adjourned until Thursday 15th. Court met according to adjournment. Personally came into Court William DRANE with the last will and testament of Joshua WILSON, late of Taylor County deceased. Said will being opened and read in open court and no objections being urged William Drane being the only surviving witness. William A. McKINLEY and Zachariah ROBERSON [Robinson] the other witnesses being dead was duly sworn and testified to the executivion of said will. It is ordered that same be admitted to record and letters of Testamentary be issued. [See earlier Joshua Wilson lunacy ruling above] The petition of said John JOINER sheweth that the estate of Verlin NIX late of said county deceased is unrepresented. Petitioner proposes to become Administrator there is no property in possession. There is some in action. The amount that amount that is reasonably certain of recovery is about fifteen hundred dollars. Publication has been duly made of this application. Petitioner tenders Sarah JOINER as Security to a bond. Petitioner sheweth further that Jeremiah NIX an illegitimate minor of said county is entitled to a small estate in action, he has no guardian. the amount of such estate is about fifteen hundred dollars. He is under fourteen years of age. Citationhas been duly published. Petitioner proposes to become the Guardian of his person and property and tenders Sarah Joiner security to a Guardian bond. D.W. Willis - Petitioner's Atty It appears to the Court that the above statements are true. No person objecting. It is ordered by the Court that the petitioner be and is hereby appointed Administrator of Verlin NIX dec'd and Guardian of Jeremiah NIX both as to his person and property. Ordered that Letters issue to the said John Joiner upon his entering into Bond in the sum of Three Thousand dollars with the tendered security and qualifying according to Law. Ordered also that letters issue to him as Guardian upon the like bond and security and qualifications. page 70 To the Honorable John Sturdivant, Ordinary of said County, the petition of Enoch GARRETT and Cornelius BRADLEY sheweth they are the securities on the Administrative bond of William H. MILLER for his faithful performance as Administrator on the Estate of Benjamin Miller, late of said county deceased and that your petitioners now state that they have reason to believe that said Miller is mismanaging said estate so as to injury your petitioners as such securities. Your petitioners therefore pray that a citation may be issued directed to the said William H. MILLER calling upon him to be and appear at the next Court of Ordinary to be held in and for said county on the first Monday in February next then and there to shew cause if any he can why said securities should not be discharged from said bond and why he should not give other and additional Security or be dismissed therefrom. Court adjourned. ORDINARY COURT FEBRUARY TERM 1858 Present John Sturdivant, Ordinary It appearing to this Court that a rule visie has been served upon William H. MILLER, Administrator of Benjamin Miller deceased at the instance of Enoch GARRETT and Cornelius BRADLEY as Security on the bond of said Administrator requiring said Adm to shew cause at the present term of the Court why said Justice Sturdivant be discharged from further liability on said bond as security as aforesaid at the present term of the Court the said Administration comes forward and tenders as Securities to a new bond Wiley B. SHEPHERD and John H. GRACE who are approved by the Court and substituted in place of said Garrett and Bradley. It is ordered by the Court that the said Administration and the said new Securities execute a new bond for these faithful Administrators and that the said Garrett and Bradly be and is hereby discharged from this securityship as far as regards the future. Bryant INGRAM comes in to Court and brings the last will and testament of A.[Alexander] M.K. SWIFT deceased which will being opened and read in open court. Henrietta C. Swift comes into Court by her Atty James T. MAY and enters his Caveat against the proof thereof by agreeement of parties said case stands over until Monday 15th inst. at which time said Court stands adjourned. Ordered by the Court that Bryant Ingram Executor of the will of A.M.K. SWIFT have leave to take possession of the effects of said Swift and make an inventory of the same and report the same to the adjourned term of the Court this February 2nd 1838. page 71 Upon the application of John B. WRIGHT, Admin, of the estate of H.M. Edwards dec'd. It is ordered that siad Administrator have leave to sell the real Estate of said deceased by complying with the terms of Law in such cases made and provided. The application of John WINDHAM for the Guardianship of William T. BOWDEN, orpahn child of James L BOWDEN, dec. Ordered that Citation issue. The application of John WINDHAM, Administration on the Estate of James L. BOWDEN dec'd shows that due and legal notice has been given and no objection filed. It is ordered that Letters of Administration issue. The application of Alexander P. JONES for the Guardianship of the minor children of Allen PRIDGEN viz Jas B. Pridgen, Stephen J. Pridgen, John W. Pridgen, Martha A Pridgen, Nancy J. Pridgen, and Margaret M. Pridgen. Ordered that Citation issued. Seaborn R. STEPHENS, Adm on the Estate of Inman STEPHENS dec'd applies to this court for letters of Dismission from his Admin. Ordered that citation issue. Court adjourned until Monday 13th Inst. Court met according to adjournment The petition of Amos JOHNSON for Letters of Guardianship for the minor children of Jackson Taunton deceased. Granted upon his complying as the Law directs. [Ed note: per 1860 census Ms. Childs: Amos Johnson married the sister (Martha Page) of their mother, Amanda] Bryant INGRAM, Executor and propounder of the lass will and testament of A.M.K. SWIFT. Upon hearing the evidence of the attending witnesses of A.M.K. Swift, dec'd viz: S.W. Rogers, John R. Humphries, and John S. Davidson. It is ordered by the Court that the will of A.M.K. Swift dec'd be admitted to probation record, the said will having been duly proven by the subscribing witnesses and that letters Testamentary be issued to the propounder of said will and that this order be entered on the minutes of the court. G.R. Hunter, Atty for propounder page 72 The Caveator bring dissatisfied with this decision of the Court as made in the case comes forward pays all cost and demands an appeal and tenders Gabriel BINSWANGER as her Security on the appeal both of whom acknowledge themselves held and fully bound unto Bryant INGRAM the propounder of said will for all future cost. Signed sealed in your court this 17th February 1858. Henrietta C. Swift by James T. May Attorney - G. Binswanger. And now comes D.R. PERRY left executor under the will of A.M.K. SWIFT dec'd and reviews his Executorship under said will. D.R. Perry Bryant INGRAM, propounder vs Harriet SWIFT, Caveator It is agreed by the Counsel in the above stated case that the above case proceed to trial at this term of the Court that William ALLEN make a written renunciation of his Executorship under said will within twenty days from the adjournment of the Court and the same filled in the Ordinary Office and that if the said Allen should fail to resign his Executorship under the will that then in that case, the case shall stand for trial (de no vo) in the Ordinary Court and occupy the position that it now does before the Court and if said Allen resigns said excutorship then all the proceedings had in this case to be held and considered legal and valid so far as the renunciation is concerned on the part of Willaim Allen and they be entered on the minutes of the Court. G.R. Hunter, Atty for propounder J.M. Smith, Atty for Caveatrix Whereas a paper purporting to be the last will and testament of Alexander M.S. SWIFT dec'd has been propounded at the present time of the Court by Bryant Ingram, one of the surviving Executors, against the probate and of which a Caveat has been filled by Harriet C. SWIFT Caveatrix and David O. Smith having made application for temporary Letters of Administration. It is therefore ordered that temporary letters of Administration to collect and take care of the goods, Chattel rights, credits and effects of said deceased be granted to the said David O. Smith to be of ____ and effective during the pendency of said appeals upon his giving bond with approved Security in the sum of ten thousand dollars as required by Law. By order of the Court. J.M. Smith Atty Court Adjourned. page 75 By the Court of the Ordinary of said county, February 9th, 1858. To James G MAY and Henry H. LONG, Justices of the Peace in and for the said county. Whereas I have received information from John GARRETT and George LAYFIELD that Washington BURNETT of said county. You and each of you are commanded to hold said Commissioners Court at a time and place decided by you in said County and Cause to be summoned twelve Commissioners selected by you and summon them to appear at said place and time to have the evidence and decide upon the case as directed by Law herein fail not. Given under my hand and official Signature this day and your above writers. John Sturdivant, Ordinary Verdict We the Jury find that Washington BURNETT is a pauper lunatic and is a suitable subject to be committed to the Lunatic Assylum of the State. February 18, 1858 D.O. Smith J.M. Dugger, M.D. James Griffith, M.D. H.H. Horton J.C. Cozatt E.H. Wilson N. Spears Willis Jinks W.H. Montfort James Williamson James S. Bartlett J.J. Walton Taken before James G. May, J.P. Whereupon it is considered by the Court that Washington BURNETT is a pauper Lunatic and as such is a suitable subject to be committed accordingly. And it is further ordered that William MULKY, Dept Sheriff of said county convey said William Burnett to said Lunatic Asylum and then safely and securely deliver to the keeper of said lunatic asylum by the twenty first Inst. John Sturdivant, Ordinary Ordinary Court in Vacation February 25th 1858 Ordered that John H. WALLACE, HH MANGHAM, and Hiram DRANE be and hereby appointed distributors of the Estate of Joshua WILSON, dec'd page 74 William P. ALLEN Renunciation Knoxville 18th February 1858 To the Ordinary of Taylor County I understand from G.R. Hunter, Esq that a written renunciation of the Executorship conferred upon me by the will of A.M.K. SWIFT dec'd is required by you. I therefore hereby renounce said Executorship formally having done the same verbally and in a letter to D.R. PERRY within about the first of this month. My reason for the renunciation of said trust is that my own business requires all my time and attention. Wm P. Allen (Seal) G.R. Hunter ORDINARY COURT MARCH TERM 1858 Present John Sturdivant, Ordinary Court adjourned until Saturday To the Ordinary of said County. The petition of David O. SMITH respectfully sheweth that he was appointed by said Court as the Administrator ad collegendum, of the estate of A.M. K Swift and that he has inventoired and assessed said estate and returned the same to the Court and your petitioner further sheweth that the most of said estate is of a perishable nature and if not sold immediately will deteriorate in value. Your petitioner therefore prays your honor to grant an order suitable of said goods and chattel aforesaid according to the Statute in such cases made and provided. D.O. Smith The above facts appearing to the Court to be true it is therefore ordered that David O. SMITH Adm as aforesaid have leave to sell the perishable property of said estate by complying with the terms of law in such cases made and provided. The petition of Alexander P. JONES for letters of Guardianship of the persons and property of the minor children of Allen PRIDGEN. Due and legal notice has been given and no objection filed. It is ordered that Letters of Guardianship issed to Alexander P. Jones upon his giving bond and security and taking the oate required by law. Court adjourned page 75 ORDINARY COURT APRIL TERM 1858 Present John Sturdivant, Ordinary The petition of John WINDHAM for Letters of Guardianship of William L. BOWDEN, orphan of James L. Bowden. Due and legal notice has been given and no objection filed. Ordered that Letters of Guardianship to issue the said John Windham upon his giving bond and security in the sum of six hundred dollars and taking the oath required by law. The petition of William W. POPE and Cullen A.J. POPE, for Administration on Estate of Brittain POPE, late of said county, dec'd. Notice has been given and no objection filed. Ordered that letters of Administration issue to said Wm W Pope and C.A.J. POPE upon their giving bond and security in the sum of Twenty Four Thousand Dollars and taking the oath required by law. Court adjourned. ORDINARY COURT MAY TERM 1858 Present John Sturdivant, Ordinary And now comes Bryant INGRAM left Executor under the will of A.M.K. SWIFT dec' and reviews his executionership under said will. Bryant Ingram John WHATLEY Adm on the Estate of Daniel WHATLEY dec'd. Petitions this court for leave to sell the land and negra belonging to said estated. Sheweth that due notice has been given and no objection filed. It is ordered that he have leave to sell Negra and Land by advertising and selling as the law directs. Bryan Ingram Propounder vs. Henrietta Swift Caveater Caveat and Appeal to the Superior Court Ordinary Court May Term 1858 The above stated case having gone to the Superior Court on appeal and the judgment of the Court admitting the said will to probate having been approved by the Superior Court it is ordered by this court that the judgment of the Superior Court be made the judgement of this court and that said will be admitted to record and that the said Bryan Ingram propounder do recover of the said Henrietta Swift the sum of (blank) dollars for cost this ordere be entered on the minutes of this Court. G.R. Hunter page 76 We the Jury find in favor of the Executor Bryan Ingram and admit the will to probate. J. TURNER, Foreman April Term 1858 Whereupon it is considered and adjudged by the Court that the paper signed by A.M.K. SWIFT dec'd on the first day of January 1858 purporting to be his last will and testament and attested by S.W. ROGERS, JF HUMPHRIES, and John S. DAVISTON is the last will and testament of A.M.K. SWIFT dec' and that said paper be admitted to probate as such will and that the Clerk of this court do certify and send down the proceedings in the case to the Ordinary Cout and that the propounder do recover of Henrietta Swift the sum of (blank) dollars for cost. G.R. Hunter for propounder Bryan INGRAM who was appointed Executor of the will of A.M.K. SWIFT, deceased having refused to qualify as Executor of said will and said estate of A.M.K. Swift dec'd having thus been left unrepresented it is ordered on motion of George R. HUNTER, Atty for the will that a citation to shew cause why the Clerk of the Superior or Inferior Court or some other competant person should not be appointed Administrator on said Estate agreeable to the Statute in such cases made and provided and that this order be entered on the minutes of the Court. G.R. Hunter, Atty Upon the recommendation of the Grand Jury at April term it is ordered that thirty per cent be levied on the State Tax for the year 1858 for Poor School purposes. Court adjourned. page 77 ORDINARY COURT JUNE TERM 1858 Present John Sturdivant, Ordinary The petition of William D. GRACE Admin on the Estate of J.B. BOGGS dec'd for letters of Dismission from said Administration. Due and legal notice has been given and no objection filed and further sheweth by his return that he has fully Admin. the said Estate. Ordered that letters of Dismission isssue to William D. Grace Admin on aforesaid. The Petition of Martha E. SHINE, Adminx on the Estate of Thomas T. SHINE late of said county respectuflly sheweth that it is necessary that a division of said estate of said Thomas T. Shine, dec'd should be made among the heirs at law of said dec'd and prays your Honor to appoint Divisioners. Ordered that John D. MITCHELL, Bryan INGRAM, G. NEWSOM, Benjamin BEELAND and Samuel DUKE or any three or more be and is hereby appointed to make said division. Enoch DUKE, Adm on the Estate of Wright BARNES dec'd applies to this court for leave to sell the lands belonging to said estate. Due notice has been given and no objection filed. Ordered that he has leave to sell by complying as the Law direct. Court adjourned. page 78 ORDINARY COURT JULY TERM 1858 Present John Sturdivant, Ordinary The application of Echols DANIELS for letters of Administration on the Estate of Catherine Daniels late of said county deceased. One Echols Daniel having duly cited all persons interested to take notice that iw was his pupose at this term to make application for Letters of Administration on the Estate of Catherin DANIEL late of said county deceased. James W. Daniel and Obadiah Daniel, children of the said Catherine Daniel and James M. Daniel, Moses T. Daniel and Nancy C. Daniel minor and granchildren of said Catherine who appear by their guardian James M. SMITH, Phelix G. Daniel and Rully D. Allen and his wife, Ellen M. Allen formerly Ellen M. Daniel, all being heirs at Law of the said Catherine Daniel come into court and object to the appointment of the said Echold Daniel to be the Administrator of said estate on the following grounds to wit: 1st Because the said Echols Daniel is not one of the heirs at Law or next of kin of the said Catherine Daniel and is not entitled under the Statutes of the Sate to Letters of Administration on her estate. 2nd Because the said Echols Daniel claims to hold a large claim against said estate amounting to some four thousand dollars as other large sum and they say that they believe said claim to be fraudulent and that it is the purpose of the said Echols by applying for said Administration and receiving the same to place himself in a situation to consumate the more easily his fraudulent interest in regard to said estate. James M. Daniel Moses T. Daniel Nancy W. Daniel by their Guardian James M. Smith Phelix S. Daniel James Daniel A.E. Daniel pge 79 It appearing to the Court that Catherine Daniel, late of said county deceased was possessed of a considerable estate both real and personal and that the decesed intestate. Notice having been given in terms of the Law to all and singular the kindred and creditors of said deceased to appear at my office in terms of the Law in such cases made and proved to show cause if any they had why letters of Administration should not be granted to E.B. Daniel and James M. Daniel, Moses T. Daniel, Nancy C. Daniel by their guardian James M. Smith, Phelix G. Daniel, R.D. Allen, James Daniel and C.E. Daniel having filed their written objection to the application of the said E.B. Daniel and having proposed the names of C.E. Daniel and Phelix G. Daniel after argument had it is ordered by the court that C.E. Daniel and Phelix G. Daniel be and they are herby appointed Adminstrators on the estate of said Catherine Daniel upon their giving bond with approved security to the Ordinary of said county in the sum of twenty four thousand dollars and taking the oath required by law. It is represented to me that the personal estate of Susanna GRANT dec'd is liable to waste and D.W. MILLER left Exec. has handed in his reuniciation as Exec has moved to parts unknown. It is therefore ordered that David O. SMITH, Temporary Adm have leave to sell the personal estate of said dec'd by advertising at least two days as the Law direct. Court adjourned. page 80 ORDINARY COURT AUGUST TERM 1858 Present John Sturdivant, Ordinary Court adjourned until Monday 9th day of August 1858 Court met according to adjournment Whereas Daniel W. MILLER has been appointed Executor of the Last will and testament of Susanna GRANT, late of said county dec'd. Now the said Miller comes denouncing the said office of executor and says he has in nowise intermuddled with the propery or affairs of said estate. July 13, 1858 Daniel W. Miller And now come Daniel W. MILLER before probate of the will named within and authorizes his renunciation of the executorship there of. He now propounds the same to the Court of Ordinary of said Court. August 9th, 1858 Daniel W. Miller The last will and testament of Susnnah GRANT, late of Taylor County deceased, has been produced in Court by Daniel W. MILLER, Executor thereof and has been proved in common form to the satisfaction of the Court by William S. WALLACE and Elam B. WATERS, two of the witnesses to the same. It is therefore ordered by the Court that the said Will and testament be admitted to record. The petition of P.G. DANIEL one of the Administrators of the Estate of Catherine Daniel, late of said county deceased and R. D. Allen and John W. ATWATER Securities of O.E. DANIEL and P.G. Daniel, Administators of aforesaid, respectfully showeth unto your Honor, that they the Securities are likely to sustain great loss and damages by the mismanagement of O.E. Daniel, one of the Administrators. They therefore pray this Honorable Court to grant them a Rule Voi calling on O.E. Daniel to show cause at the next term of this Court on the first Monday in September next then by said Rule should not be made absolute and said securities discharged and the said O.E. DANIEL forced to give new and additional security or be dismissed from said Administartion. Your petitioner P.G. Daniel further sheweth that said O.E. Daniel has taken one of the negroes of the Estate of Catherine Daniel out of his hands as well as essets after he has hired the same out and he therefore prays that said O.E. Daniel show cause if any he has why he should not be discharged from said Administration. Grice and Wallace Court Adjourned. ORDINARY COURT SEPTEMBER TERM 1858 Present John Sturdivant, Ordinary Jourdan W. BOZEMAN a minor over the age of fourteen years comes into Court and applies for a Guardian and asks that William BOZEMAN be appointed. Ordered that William Bozeman be and is hereby appointed Guardian of the person and property of Jordan W. Bozeman upon his giving bond and Security in the sum of five hundred dollars and taking the oath required by Law. To the Ordinary Court of said County. The undersigned Administrator on the Estate of Catherine Daniel late of said County deceased respectfully petitions your Honorable Court to allow them to resign thier Administration on said estate and pray to be dismissed from the same. September 5th, 1858 O.E. Daniel and Phelix G. Daniel page 82 It appearing to the Court that P.G. Daniel and O.E. Daniel has petitioned this court and prays to be discharged from their Administration on the estate of Catherine Daniel late of Taylor County deceased and propose Thos J. RILEY as their successor and the said T.J. RILEY having agreed to accept the said Administration and he being acceptable to the parties as well as to the Ordinary, therefore ordered that said Thos J. Riley be and is hereby appointed on complying with the Law in such cases made and provided and that said Administrators P.G. Daniel and O.E. Daniel be and they are hereby dismissed when said Riley shall fully comply with the Law as aforesaid and the said P.G. Daniel and O.E. Daniel shall likewise comply with the Law in such cases provided by Law. J.R. STEPHENS application for Letters of Dismission from the Administration of Inman Stephens, late of Taylor County dec'd. Shows that due and legal notice has been given and no objection filed. Ordered that letters of dismission issue to him the said J.R. Stephens, Administrator as aforesaid. Court adjourned. ORDINARY COURT OCTOBER TERM 1858 Present John Sturdivant, Ordinary Thomas J. RILEY, Administrator on the Estate of Catherine Daniel, late of said County deceased, petitions the Court for leave to sell the Negroes belonging to the Estate of said deceased. Sheweth that it would be to the interest of said estate and that due and legal notice has been given no objection filed. It is ordered he have leave to sell said Negros for distribution by complying as the Law directs. The petitino of Wm W. POPE and C.A.J. POPE, Administrators on the estate of Britain Pope dec'd for leave to sell the lands belonging to said dec'd. Presented and ordered that they have leave to seel said lands as the Law directs. Court Adjourned. page 83 ORDINARY COURT NOVEMBER TERM 1858 Present John Sturdivant, Ordinary Mrs. Harriet PERRY having applied to this court for letters of Administration upon the estate of Lavenia WILCHER, late of said county deceased and said application having been duly published according to Law and no objection having been amde thereto it is ordered that Harried Perry be and is hereby appointed Administrix on the said esates of said deceased upon her giving bond and security in the sum of four thousand dollars and taking the oath prescribed by law. [Ed note. Harriet was Lavenia's mother. See also above minutes Nov 1857] Willis McClendon having applied for Letters of Guardianship of the person and property of Jane Ophelia Wilcher, orphan of James Wilcher deceased and there being no objection filed, it is ordered that letters of guardianship issue to him the said Willis McClendon upon his giving bond and security in the sum of Ten Thousand Dollars and qualifying as the law directs. Nathan H. TAYLOR, Guardian of Matilda G. Taylor, having removed from this state to the State of Louisiana petitions the Court to be dismissed from his said guardianship and brings William D. GRACE who agres to become the Guardian of said orphan and gives bond and security and qualifies in terms of the Law. Ordered that Nathan H. TAYLOR and his Securities be dismissed from any future liability or Guardian by his complying with the law in such cases made and provided. Court adjourned. Nov 5, 1858 (In Chambers) It appears that Mrs Peggy POPE widow of Brittain Pope dec'd is entitled to a year's allowance for herself and the minor children of said Brittain Pope. It is therefore ordered that Bartley McCRARY, W.J. MITCHELL, Peter E. RILEY, T.J. GRAY, and C.B. DICKENSON be and they are hereby appointed to lay off and set apart said allowance or year's support done in vacation this Nov 5, 1858. John Sturdivant, Ordinary page 84 It is further ordered that the above and foregoing persons be and they are hereby appointed appraisers and distributors to distribute among the Legatees of the Negros belonging to said estate. ORDINARY COURT DECEMBER TERM 1858 Present John Sturdivant, Ordinary The petition of William M. BOZEMAN, Guardian of the person and property of Jordan W. BOZEMAN minor for leave to sell the lands belonging to said minor. Sheweth that due notice has been run and no objection filed. Ordered that have leave to seel said land by advertising and selling as the Law directs. Mary A. POPE, minor and orphan of Britain POPE, comes into court and asks that Lucius Q.C. McCRARY be appointed her Guardian, she being over the age of fourteen, he McCrary consenting. It is ordered that he be and is hereby appointed Guardian of the person and property of Mary A. Pope, orphan aforesaid. It appearing to the Court that Alexander M.K. SWIFT late of said County deceased died testate by making will and appointing Dwight R. PERRY, William F ALLEN, and Bryan INGRAM his Executors all of whom renounced. And notice having been run according to Law for the appointment of an Administrator with the will annexed and application having been made by William P. EDWARDS for letters and no objection having been made. It is ordered that said Willim P. Edwards be appointed Administrator with the will annexed upon his complying with the requirements of the Law and that this order be entered upon the minutes of the Court. G.R. HUNTER, Atty for Estate Court adjourned. page 85 At Chambers Court of Ordinary December 16, 1858 It appearing to the Court upon the return of Ephraim JOHNSON, Administrator of Allen JOHNSON (Vs) John M. THOMSON also a fi fa in favor of said Johnson vs Joel MORGAN and one note signed by C.W. Carr is insolvent it is therefore ordered by the Court that said Administration advertise the same in terms of Law and sell them to the highest bidder. December 18, 1888. ORDINARY COURT JANUARY TERM 1859 Present John Sturdivant, Ordinary The petition of Elizabeth J. LUCUS for the Guardianship of her minor children and orphans of John R. LUCUS dec'd. Granted upon her giving bond in the sum of fifteen hundred dollars and approved Security and qualifying as the Law directs. The petition of James GRIFFITH, Administrator on the esate of John R. LUCUS, dec'd, applies to the court for Letters of Dismission form his said Adm. Public notice has been given and no objection filed. It is ordered that letters of dismission issue to him the said James Griffith, Adm as aforesaid. Arza MURRAY, Adm on the Estate of Benjamin WILLIFORD deceased applies for Letters of Dismission from his said Administration Ordered that citation issue. Arza MURRAY applies for the guardianship of Mary C. WILLIFORD, orphan of Benjamin Willoford, dec'd. Ordered that Citation be issue. Caleb LINDSEY Adm on the Estate of Wright JOHNSON dec'd having fully administered said estate applied for letters of dismission. Ordered that letters issue. Everett H. HORTON vs James D. TENNISON vule nisi page 86 ORDINARY COURT FEBRUARY TERM 1859 Present John Sturdivant, Ordinary Everett H. HORTON vs James D. TENNISON Motion to vacate the appointment Guardian and to revoke letters It appearing to the Court that James D. Tennison has been served with a rule visi to show cause at this term of court why his appointment as Guardianof the said Everett H. HORTON shoud not be revoked and his letters revoked . Certain grounds therein set forth andthe said Tennison having shown no good cause. It is therefore ordered by the Court that the said appointment be and the same is hereby vacated and that the said letters of Guardianship be and the same are hereby revoked. It appearing to the Court that James D. TENNISON has been appointed by the Court Guardian for Everett H. Horton and the said Everett H. Horton having petitioned for said guardian to be dismissed from said guardianship. It is therefor ordered that said James D. Tennison show cause at the next term of this court why he should not be dismissed from said Guardianship enacted and annulled on the grounds. 1st that the said Everett H. Horton at the time of Granting said letters, was over twenty one years of age of sound mind and capable of managing his own affairs. 2nd that said letters were granted on the sole grounds of blindness in the said Horton and that no jury was impannelled to decide whether or not he was capable of manging his own estate. 3rd That the Court had no jurisdiction of the person of the said Horton to grant said letters. 4th That said Guardian has failed to make return of his guardianship as required by Law. Grace & Walker, Atty for E.H. Horton I acknowledge due and legal service of the within and sworn copy and further service January 13th 1859 J.D. Tennison Court adjourned page 87 ORDINARY COURT MARCH TERM 1859 Present John Sturdivant, Ordinary James L. ELLISON comes in to court and asked to be appointed Guardian of his minor children, viz William H. Ellison, Sarah A.R. Ellison and Mary E. Ellison who states to the Court that the property amounts to about four thousand dollars and tenders for security George M. Ellison. Ordered that James L. Ellison be and is hereby appointed guardian of his minor children as aforesaid, upon his giving bond and qualifying as the Law directs. Martha A. NORTHERN and Benjamin O. NORTHERN applies for Letters of Administration on the estate of William T. Northern, late of said county dec'd Notice has been filed and no objection filed. It is ordered that letters issue to the Martha A. Northern and Benj O. Northenr upon their giving bond and security as the Law directs. This applicaiton of Arza MURRAY for the Guardianship of Mary C. WILLIFORD, orph child of Benjamin C. Williford, deceased, considered and ordered that letters issue upon his giving bond and qualiying as the Law directs. The petitioner of Daniel W. MILLER, Executor of Susannah GRANT deceased sheweth that it would be an advantage to the creditors and legatees of said deceased for all the real estate of said deceased to be sold. Petitioner prays leave to sell said real estate, he has published this application for two months agreeable to Law. D.W. Miller, Exec. It appears to the Court that the Statements in the foregoing are true. It is ordered that the applicant have leave to sell the real estate mentioned in said petition upon complying with the Statues in such cases made and provided. Court Adjourned. page 88 ORDINARY COURT APRIL TERM 1859 Present John Sturdivant, Ordinary It appearing to the Court that Benjamin BURTON late of this county departed this lief in this county intestate leaving an estate to be administered. It further appearing that Robert BURTON of the county of Schley is the brother and next of kin of said deceased and as such entiteld to the Administration of the estate of said deceased. It further appearing that said Robert Burton has duly applied letters of administration on the estate of said Benjamin Burton and that due and legal notice of said application has been given and published in terms of the law and said Robert Burton having made and executed the proper administration bond with David LOCKHART as Security it is ordered that Letters of Administration of the estate of Benjm Burton be issed to said Robert Burton Gideon M. DAVIS of said county applies for administartinog on the esate of Ruben B. DAVIS, late of said county deceased so far as regards what is unadministered thereof by previous administrators - first Wm L. JOHNSON and his successor James MONTGOMERY both deceased. Citation has been duly published. The value of the unadministered part of said estate does not exceed (blank) dollars. Petioner tenders as his security on and prays letters. D.W. Miller, Petitioner's Atty It appears to the Court that the statement in the above petition are true. The tendered security is approved. No caveat to this application has been filed. It is ordered by the Court that the applicant he and is hereby appointed Administrator as prayed and these Letters issue upon his entering into bond, with security and qualifying according to Law. It appears to the Court that the foregoing order was persue at the last January term of this court and that the same was not entered on the minutes of the Court. It is therefore ordered by the Court the same order and petition preceding it be entered on the minutes of the court nune pro temc. page 89 The petition of Gideon M. DAVIS, Administrator of Reuben B. Davis deceased sheweth that it would be for the benefit of the heirs of said deceased that the lot of land number 15 in the Agency Reserve in said county should be sold. This application has been published in a public Gazette of said State two months. Petitioner prays leave to sell the lot of land aforsaid. D.W. Miller, Petitioner's Atty It appears to the Court that the statement in the foregoing petition are ture. No person objects to the petition of the petitioner. It is ordered the court that the said petitioner have leave to sell said lot of land described in his petition. Court Adjourned. page 90 ORDINARY COURT JUNE TERM 1859 Present John Sturdivant, Ordinary The petition of Julius H. HOLSEY for letters of Administration on the estate of Hopkins Holsey deceased sheweth that due and legal notice has been given and no objection filed. It is ordered by the Court that Letters of Administration issue to the said Julius H. Holsey upon his serving bond in the sum of fourteen thousand dollars with approved Security and taking the oath as required by law. [Note: Julius was 24 in 1860 Census, the son of Hopkins Holsey US Congressman] Ordered that thirty percent in the State tax be levied for the Education of the Poor Children of said county. Court adjourned. ORDINARY COURT AUGUST TERM 1859 Present John Sturdivant, Ordinary Martha E. SHINE, Administrix on the Estate of Thomas T. Shine, deceased, applie to this Court for Letters of Dismission. Notice has been run and no objection filed. Ordered that letters issue. Ephriam JOHNSON, Admin on the Estate of Allen JOHNSON deceased applies to this Court for Letters of dismission. Ordered that letters issue. It appearing to the Court from an examination of the docket of this Court that the following persons, James WIGGINS, Administrator on the Estate of William W. Wiggins and Martha ADAMS, Administrix on the Estate of Ezekiel ADAMS have failed to make annual return in the time required by Law and no excuse has been presented to this Court by either of them for this default. Ordered by this Court that each of these persons show cause by the September term 1859, of this Court why they should not be removed from their several offices and that a copy of this rule be served on them by the Sheriff of said County by two days before the said Court. Court adjourned. page 94 ORDINARY COURT SEPTEMBER TERM 1859 Present John Sturdivant, Ordinary Judith LEWIS comes in to Court and petitions that Columbus W. Wade be appointed her Guardian, she being above the age of 14 years. Ordered that Columbus W. Wade be and is hereby appointed Guardian of the person and property of the said Judith Lewis, orphan of Wm Lewis dec'd upon his giving bond and security and taking the oath required by law. The petition of John W. BRYANT for letters of Administration (de bonus non) on the estate of William H. LOWE deceased has been duly published and no objection filed, it is ordered that Letters of Administration issue to him the said John W. BRYANT upon his giving bond and security in the sum of three thousand dollars and taking the oath required by law. Court adjourned. ORDINARY COURT NOVEMBER TERM 1859 Present John Sturdivant, Ordinary The petition of James O. MANGHAM for letters of administration on the estate of Henry H. MANGHAM dec'd sheweth that due and legal notice has been given and no objection filed. It is ordered that he be and is hereby appointed Administrator on the Estate of Henry H. Mangham dec'd and letters of Administration issue upon his giving bond and security in the sum seventy thousand dollars and taking the oath required by Law. Court adjourned. page 92 ORDINARY COURT DECEMBER TERM 1859 Present John Sturdivant, Ordinary The petition of James O. MANGHAM, Administration of Henry H. Mangham, sheweth that Henry H. Mangham departed this life on the 26th day of August 1859, your petitioner has been duly appointed his Administrator, that as such Administrator it is his duty to see that the allowance due under the act of 1858 and the various amendments is set apart, therefore he prays the Court as the act of 1856 requires to appoint 5 discreet persons to set apart to the Widow the amount necessary for her support and maintenance as such Wido for the space of twelve months from the death of Henry H. Mangham either in money or such property as may be selected by the widow and also to set apart for the widow a sufficient amount of the household furniture for her use and further to require said appraisers to return to you their actings for record. December 5, 1859. James O. Mangham, Administrator of Henry H. Mangham The foregoing application of Jas O. MANGHAM, Admin. of Henry H Mangham having been read in open court it is ordered therefore that the provisions due the widow may be lawfully set apart. The Wm J.G. MITCHELL, J.G. GREER, John SEARCY, Wm H. GREER and John H. WALLACE or a majority of them taking into consideration all the circumstances of the said Henry H. Mangham and family and estate assess for his widow a sum necessary for her support and maintenance for 12 months from the death of Henry H. MANGHAM and then set apart the amount in money or such other property as the Widow may select at a fair valuation to be made. Then also set apart for the widow a sufficient amount of household furniture for her use and return to me within three months after this appointment a schedule of the property or amount of money so set aprt for support and maintenance to be recorded and tht said appraisers shall receive for their services from the fund so set apart each the sum of one dollar and a half each. Given under my hand and official signature. The petition of Columbus W. WADE, Guardian for Judith LEWIS for leave to sell the real estate of said ward. Due notice has been given and no objection filed. It is ordered that C.W. WADE, Guardian as aforesaid have leave to sell the land belonging to the Estate of said Guardian by advertising and selling as the Law directs. page 93 The Estate of Cary FELTS is unrepresented. Due notice has been given that an Administrator would be appointed either the Clerk of the Superior Court or some other fit and proper person. Joseph T. ADAMS comes in to court and agrees to take the Administration of said Estate and tender for Security (blank) It is ordered that he be and is hereby appointed Administrator upon his giving bond and security tendered and taking oath as ordered by law. It is represented to this Court that the perishable propery of Cary FELTS is liable to waste. It is ordered that Joseph T. ADAMS, the Adm have leave to sell the perishable property by giving at least ten days notice in two or three or more public places. It appearing to the Court that it is necessary for James O. MANGHAM, Admin on the Estate of Henry H. Mangham deceased to sell the perishable property belonging to said estate. It is therefore ordered that said James O. MANGHAM, Admin as aforesaid be allowed to sell all the perishable property of said estate except the Negros on advertising said sale at three public places in said County ten days before said sale is made. Court adjourned. page 94 ORDINARY COURT JANUARY TERM 1860 Present John Sturdivant, Ordinary The petition of William WILSON and Thomas WILSON, executors of Joshua Wilson dec' for letters dismission sheweht that said estate has been fully administered, due notice has been given and no objection filed. It is ordered that letters dismission issue to the petitioners aforesaid. It appearing to the Court that Gideon NEWSOME, Admin of Stephen JOHNSON, dec'd applies for letters of dismission and that due publication has been made of such application, and it also appearing that he has fully nad fairly administered all the assets of said estate it is ordered the court that Gideon Newsom be and is hereby discharged according to his prayer. Court adjourned. page 95 ORDINARY COURT FEBRUARY TERM 1860 Present Henry T. Gee, Ordinary Georgia, Jones County Monday January 9, 1860 Charles Macarthy Ordinary citation having been duly issued and published requiring all and singular the next of kin and creditors of James MITCHELL, deceased late of said county to be and appear at this term and show cause if any they could why letters of administration de donus now should not be granted to William H. MONTFORT and Andrew J. COLBERT upon their giving bond and security in the sum of thirty thousand dollars and that the clerk receive Thomas J. RILEY and Julius H. HOLSEY as their securitys on said bond and ordered that the clerk grant to them letters of Administration on said Estate. Power of Attorney - State of Georgia - Taylor County Whereas Andrew J. COLBERT and William H. MONTFORT of said county are about to apply for letters of administration on the estate of James MITCHELL, deceased who died in said county of Jones. Thomas J. RILEY of the county first aforesaid being willing to become the security for said applicants and his administration bond in case of their appointment by said court hereby authorizing Julius H. HOLSEY of the county first aforesaid to execute said bond for me and in my name as security, thereto without restriction as to the amount of such bond the same being fixed by the said Ordinary. In witness whereof the said Riley has hereto set his hand and seal this January 7th 1860. J.G. Riley (seal) Signed, sealed and delivered in presence of A.G. COLGER, J J C [Justice of Jones County] Administrative Bond - Jones County Know all men by these present that we William H. MONTFORT and Andrew J. COLBERT as principals and Thomas J. RILEY and Julius H. HOLSEY are held and firmly bound unto the ordinary of said county and his successors in office and assigns in the full sum of thirty thousand dollars for the payment of which sum to the said Ordinary and successors in office we bind ourselves and our heir executors and administrators in the whole and for the whole sum jointly and severally and firmly by these present sealed with our seal and dated this 9th of January, 1860, the condition of the above obligation is such that if the above William H. Montofort and Andrew J. Colbert do make a true and perfect inventory of the goods, chattles, rights, credits, lands and tements of James Mitchell, late of Jones County deceased...... Charles Macarthy, Ordinary Andrew J. Colbert, Wiliam H. Montfort, Thomas J. Riley and Julius H. Holsey By his attorney in facts, J.H. Holsey Letters of Administration - Jones County By the Honorable the ordinary of said county, whereas James MITCHELL of this county lately died intestate having while he lived and at the time of his death divers lands and tenaments, goods, rights and credits within the county aforesaid by means whereof the full disposition and power of granting the administraton of all and singular the good rights and credits of the said deceased and also auditory the accounts calculation and reckonings of said administration and a final division of the ordinary of said county, do as right belong I deriving that the lands and tenements goods rights, credits of said deceased may be well and truly administered, converted, and disposed of do hereby grant unto William H. MONTFORT and Andrew J. COLBERT, full power by the term of these present to administer the lands and tenements goods rights, credits of said deceased which to him in his lifetime and at the time of his death did belong which have not been administered and do ask levy, recored and receive the sum and pay the debts in whole deceased stood bound so far as the lands and tenements goods rights, credits will accorindg to their rate and order of law being first sworn on the Holy Evangelist of Almighty God to make a true and perfect inventory thereof and to exhibit the same to the ordinary in the county aforesaid in order to be recorded on or before the 9th day of April , ensue and redner a just and true account of said administration when thereto required and you are ordained, constituted, and appointed administrator of all and singular the lands and tenements goods rights, credits of said deceased. For testimony wherof I have hereunto set my hand and affixed the seal of my office this 9th day of January, 1860. Charles Macarthy, Ordinary, Jones County Ordinary Office I, Charles Macarthy, Ordinary in and for said county and ex officio Clerk of said court of ordinary for said county do certify that the foregoing four pages contain a true and perfect exemplication from the records of siad court in whcih court administration de bonis now was granted to William H. Montfort and Andrew J. Colbert upon the Estate of James Mitchell, late of said county deceased and they have been duly qualified as such Adminsitrators having given bond and security in the sum of thirty thousand dollars double the proposed value of said estate. Charles Macarthy page 98 Taylor County. Upon application of William TO BE CONTINUED File at: http://files.usgwarchives.net/ga/taylor/court/gwl216courtof.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 171.8 Kb