TAYLOR COUNTY, GA - ESTATE Drury Averett ***************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm *********************** This file was contributed for use in the USGenWeb Archives by: Dorothy Parker bnd@gnat.com pg 184 Taylor County State of Georgia Bond of Henry J. Averett Admin Drury Averett Deceased Know all men by these Prsent that we, Henry J. Averett, as Principal, D.L. Downs, Mary Dupree, and Marshal P. Brown all of State and County as Securities and held and firmly bound unto the Ordinary of said County and his successors in Office and assigns in the just and fee ? of Three Thousand Dollars for the payment of which sum to the said Ordinary and his successors in Office, we bind ourselves, our heirs, Executors, and Administrators in the shole and for the whole sum jointly and severally and firmly by these presents: Sealed with our seals and dated this Third day of January 1870 The Condition of the said Obligation is: Bond of Henry J. Averett Admin of Drury Averett dec's continues such that if the above bound Henry J. Averett, Administrator of the Estate Real and Personal of Drury Averett late of said Taylor County deceased do make a true and perfect Inventory of all the Estate both Real and Personal of sai deceased which have or shall come into the hands possessions or ? ? of the said Henry J. Averett, or the hands or possession of any person or persons for him, and the same or made do exhibit unto the said Ordinary when he shall hereunto required and such goods, chattels, credits, lands and tenements do well and truly administer according to Law and do make a just and true account of his actings and doings therein when he shall thereunto be required by the court shall delivery and pay to such person or person respectively as they may be entitled to the sum by Law. 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 Executor obtain a certificate of the probate thereof, and the said Henry J. Averett, Administrator, as a foresaid in such case if required, render and delivery up the said Letters of Administration thus this Obligation to be void, else to remain in full force. Henry J. Averett, Principal D.L. Downs, Security Mary Dupree, Security ( X her mark) M.P. Brown, Security Signed, sealed and acknowledged in open Court. Stamped in presence of James D. Russ, Ordinary Endorsed on Back as follows: For value received and in consideration of the within premises we, Henry J. Averett, Principal and D.L. Downs, Mary Dupree and M.P. Brown all of said County, Principal and Securities as mentioned in within Bond, do hereby waive, relinquish and surrender each and every right, privilege and benefit which we may now possess on which right hereafter accrue to us by rason and virtue of Section 1st Act VII of the Constition of Georgia (and set apart by an Act of the Legislature of said State) in so far as regards any execution, judgement, or decree which may or might hereafter be had or obtained in any suit or suits on the within Bond in any Court of competent jurisdiction hereby absolutely subjecting unreservedly all our Estate both Real and Personal to the full and entire satisfaction of such said execution, judgement, or decree so obtained as aforesaid and also hereby making the within Bond an incumbrance on all our Estate both Real and Personal within the meaning of said Section of said Constitution to secure the payment and satisfaction of each and every execution judgement or decree, which may hereafter be obtained on the within Bond. In witness whereof we the said Principal and Securities have hereunto set our hands and affixed our Seals. This 3rd day of January 1870 Henry J. Averett, Principal D.L. Downs, Security Mary Dupree, Security ( X her mark) M.P. Brown, Security The above Waiver of Homestead is hereby approved. This 3rd day of January 1870. James D. Russ, Ordinary Signed and Sealed in presence of James D. Russ, Ordinary. ================= Georgia, Taylor County. Court of Ordinary Special Session Saturday, 12th February 1870 There being some doubt as to the whether the Sureties on the Bond of Henry J. Averett as Administrator of the Estate of Drury Averett late of said county deceased and the amount of said Bond --that is to say the worth of D.L. Downs, is uncertain; and hence the Court required written notice to swear the amount of his worth. In answer to said notice, the said Downs, this day came into Court and took and subscribed to the following affidavit in writing. In person appeared before the undersigned Dennis L. Downs, who on oath says that he is worth to the best of his knowledge and belief in Realty and Personally the sum of Fifteen Hundred Dollars over and above his own individual liabilities. Deponents also makes the following statement by way of explanation. It will be seen by a reference to the Tax Digest of 1869 that the aggregate amount of property returned by Deponent was Four Hundred and Seventy One Dollars. The difference in the first named amounts and the amount on the Tax Digest occurs and is accounted for as ? -- that is to say through some mistake of the Tax Receiver. By reference to the Tax Digest of 1867 it will be seen that the aggregate amount of property returned by Deponent was considerably larger than is shown on the Tax Digest of 1869. Which Digest of 1867 was correct. Taking the aggregate of 1867 as a basis and adding to it property since acquired by Deponent, profits and the appreciation of propery since that date (the property acquired being one lot of land and one mule it will be seen that Deponent is worth at least as much as the above first named amount. It will also be seen by reference to the Tax Digest of 1868 that the aggregate amount of property returned by Downs & Averett said year was about Three Thousand Dollars ($3,000); of this property Deponent had or owned a half interest amounting to Fifteen Hundred Dollars making the total aggregate owned by Deponent according to the Digest of 1868 amount to something over $2200.00 Twenty Two Hundred Dollars. Dennis L. Downs Sworn to and Subscribed before me This 12th February 1870. James D. Russ Ordinary And now come J.J. Ruffin and W.D. Grace, heirs of said Drury Averett and object to the sufficience of the foregoing affidavit and also to the strength of the Bond offered by Henry J. Averett as Administrator of Said Drury Averett; Wherefore it is ordered: that Thursday 17th day of March be set apart as the day for a hearing of said objections and for passing upon the solvency of the Bond offered by said Henry J. as said Administrator. James D. Russ, Ordinary =============== pg 34 Court of Ordinary At Chamber Thursday 17th March 1870 Whereas at the January Term of our said Court Henry J. Averett was appointed Administrator on the Estate of Drury Averett, late of said County deceased, and for cause then shown to the County, said Henry was allowed by our said Court to make and execute his Bond, and qualify as such Administrator in and during vacation? and whereas said Henry in pursuance of said permission did on the 3rd day of said said month January, file a Bond in part, signed by himself as Principal and D.L. Downs and Mary Dupree, as Securities, and afterwards, said Bond was signed by M.P. Brown, as Surety, also after which the said Henry tendered said Bond to the Court for Approval asked to qualify and that Letters of Administration be issued to him. Whereupon James J. Ruffin, a Representative, husband of one of the heirs of said deceased objected to the sufficiency of the said Bond, upon the ground that Dennis L. Downs, one of said Sureties, was not worth the amount he claimed to be, notwithstanding said Downs, had on the 12th of February last past filed with the Court his affidavit of his worth. The Court therefore set down this day at 11 o'clock A.M. as the time for passing upon said objections. And now upon the day set apart for the hearing aforesaid, Henry J. Averett comes into Court and introduces the following witnesses concerning said Downs: M.P. Brown Sworn: States that he knows Dennis L. Downs and is very well acquainted with his pecuniary condition and is satisfied that he, Downs, is worth Fifteen Hundred Dollars over and above his debts. No Cross examination. Freeman Matthews Sworn: States that he is acquainted with Dennis L. Downs and knows his pecuniary condition and is satisfied said Downs is worth Fifteen Hundred Dollars over and above his debts. No Cross examination and no evidence introcuded by the party objecting. It being thus established by the evidence that said Downs is worth the sum of Fifteen Hundred Dollars over and above his liabilities, the Court decides the Bond tendered by said Administrator to be sufficient, the other sureties being worth an amount added to the worth of said Downs, equal to the amount of said Bond, and further ordere that said Bond be approved; and the said Henry having heretofore taken the following oath: I, Henry J. Averett, do solemnly swear that Drury Averett deceased died intestate so far as I know or believe; and that I will well and truly administer on all the Estate of the said deceased and disburse the same as the Law requires and discharge to the best of my ability all my duties as Administrator. So help me God. Henry J. Averett Sworn to and subscribed before me this 29th January 1870. James D. Russ, Ordinatry It is ordered that letters of administration in the usual form do now issue to said Henry J. Averett and that he be and is hereby constituted Administrator on the Estate of Drury Averett , late of said County deceased. James D. Russ, Ordinary pg 148 Georgia Taylor County Court of Ordinary at Chambers Thursday 19th May 1870 And now comes into Court Henry J. Averett, Administrator on Estate of Drury Averett late of said County deceased, and in his own proper person prays the Court to grant him leave to sell all the Personal or Perishable property belonging to said Estate, for the purpose of paying off the debts against said Estate and to make advances to the heirs of said deceased and to prevent the waste and destruction of said property. The foregoing Petition having been considered and the Court being satisfied from the reasons that it would be to the interest and for the benefit of the heirs and creditors of the said Estate of Drury Averett deceased as aforesaid, to grant the prayer of said Henry J. Averett, Administrator as aforesaid, it is Orderd by said Court: That Henry J. Averett, Administrator on the Estate of Drury Averett deceased have leave to sell all the Perishable or personal property of said deceased by giving at least Ten (10) days notice of the time and place of said sale and general description of the property to be sold; said notice to be in writing and posted at three (3) of the most public places (in a conspicuous position) in the Militia District in which the same may lie, and as like additional notice to be placed at the Courthouse Door of said County. James D. Russ, Ordinary ============== Inventory & Appraisement of Estate of Drury Averett Deceased Georgia Taylor County Oath of Appraisers You do solemnly swear that you will make a just & true Inventory and Appraisement of the Estate and effects of Drury Averett late of said County, deceased to the best of your skill and ability. So help you God. Sworn to & subscribed before me This May 4th 1870 W.J. Hammock JP (?) M.P. Brown ? F. Matthews ? T.F. Layfield Return of Appraisers By virtue of our appointment as Appraisers to praise the Estate and effects of Drury Averett, deceased, after being sworn we proceed to the discharge of the duty required of us: The following is the result ESTATE OF DRURY AVERETT (continued) pg 38 One Corn Sheller $12.00 3 Squares 1.50 3 Planes 3.00 1 ? & Foot? adz 1.50 1 small Tenant? Saw .75 1 hollowing plane .76 1 side table 1.50 1 small crosscut saw 2.50 2 setts moulding planes 4.00 1 tool chest 6.00 1 walnut table 3.00 1 Bedstead, mat, mattress, feather bed, 2 pillows, 1 bolster, 1 blanket $15.00 1 Oven & Pot 1.00 1 note on W.D. Grace $300.00 1 note on John Averett $35.00 1 Note on D.L. Downs $72.50 ($135.00 - $62.50) I note on Downs & Averett $200.00 1 Account against J. Ruffin for one note signed by Willis Mc ? T. Waters 1 Account agaainst Grace, Adkins & Co amt 28.14 with a credit of 5.00 1 Wagon $30 1 Lot land No 29 15th Dist known as Averett Lot $500.00 1 Improved 10 acres off Lot No 112 Northwest corner 12th Dist $250 image 3 (page 51) SALE OF PROPERTY OF D. AVERETT 1 Clothes Chest H.J. Averett $2.50 1 Walnut Table " " 1.50 1 Dre?ing " " 1.45 1 Bed, Bedstead " 13.75 1 Oven & Pot 1.85 1 Ox Wagon " 10.25 1 ?? T.F. Layfield 7.00 1 Drawing K? H.J. Averett 1.10 1 ? H.J. Averett 2.75 1 ? Chest T.F. Layfield .25 1 ? Leather ? H.J. Averett -- 3 ? T.F. Layfield 2.75 3 Squares H.J. Averett 1.50 1 Lot tools H.J. Averett 1.70 1 Lot Irons T.F. Layfield 4.00 1 Cross and Saw J.W. Watson 1.95 1 corn sheller John Averett 6.00 1 Wild Hog C? W.W. Cook 5.50 1 Cast ? Henry J. Averett .50 Total $66.30 Georgia Taylor County In person appeared before the undersigned H.J. Averett Adm of Drury Averett dec'd who being duly sworn says the above Sale Bill is just and truse as the same stands stated. Sworn and subscribed before me H.J. Averett (Adm Drury Averett dec'd) This 14th Sept 1870 James D. Russ, Ordinary Recorded 15th Aug 1871 James D. Russ, Ordinary pg 189 And now comes into Court Henry J. Averett Admin on the Estate of Drury Averett dec'd and having shown to the Court that the preliminary notice required by Law has been duly published in the Columbus Geo Enquirer, for leave to sell the Real Estate of said deceased, it is therefore: Ordered: that Henry J. Averett Adm on Est of Drury Averett dec' have leave to sell all the Real Estate of said deceased, by giving the notice required by Law and otherwise complying with the Statute in such case made or provided. James D. Ruff, Ordinary