White County GaArchives Court.....McClain, Ephraim November 1, 1858 ************************************************ 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: Jill Leonard Nock jjnock1962@gmail.com December 9, 2015, 8:40 am Source: Familysearch.org, Ga, Probate Records, 1742-1990, White, Minutes 1858-1889 Vol A-b Written: November 1, 1858 Page 27 Noveber term 1858 Court met & oppen redy for buisness To the court of ordinary White Co} The pepetition of Jeremiah Pascoe showeth that Ephraim McClain Sr of said County is of a Imbecile State of mind & therefore incapable of managing his affairs that E. McClain Sr has large estate both real & personally worth $6000 waisting away daily & that Said McClain is So infirm and imbecile that he may come to want unless he and his property is taken care of for this cause he prays this court to appoint Suitable commitioners to investigate this matter according to law and if the charge and petition of your petioner is Sanctioned to have a guardian appointed for Said Ephraim McClain Sr Came in oppen court Jeremiah Pascoe and being duly Sworn Saith the above petition is true Signd Jeremiah Pascoe Sworn in oppen court before me November 1st 1858 WT Leonard Ordinary ------------- Page 28 Minuets of Court of Ordinary White County Ga November Term 1858 White Court of ordinary The foregoing petition of Jeremiah Pascoe for a commition to Issue in the matter of Ephraim McClain alleged by him to be imbicile and incompetent to manage his business having been filed duly & the proper notice of his intended application having bin Given and no reason being offered why Said commition Should not Issue to examine Said E McClain as the Statute requires it is there fore ordered that the ussual commition issue directed to the following Eighteen persons, J.F. Starr, Md, E. Davis JP B Alison J.P C.L. Williams J.L. Richardson Henry H. Conly John Shubert Frederick Dover Jr Robert McCluer Robert Foster Jahue Tramell Mercer Tramell Thos Richardson Absolon Watson Wm L Sumter peter B Loggans John D. Leonard George Night To JF Starr MD E Davis J.P. B. Alison JP C.L. Williams John L Richard Henry H Conley, Frederick Dover Jr Robert McCluer Robert Foster Jahue Tramell Mce Tramell Thos Richards John Shuberbert A. Watson Wm L. Sumter Petter B Logans George Night John D Leonard one Jeremiah Pacoe having reported to the court of ordinary of Said county tha Ephraim McClain of Said county is and an imbieic person incompetent thereby to manage his property of which he owns a large amount you are hereby required or any twelve of you one of which must be a Justice of the peace and one a physician after first being duly Sworn to try Said matter and a true verdict to render to have Said E McClain sr personally brought before you to examine him by insection as to his alleged imbecility and incompetency to manage his affairs and to examine witnesses as to Said facts of imbicility and incapability and make return of your verdict to the court of ordinary of Said county to the first term to be held after your verdict is recorded Witness my hand & Seal this 1st day of November 1858 W. T. Leonard Ordinary December Term of Court of Ordinary 1858 Georgia White County} Opened for buisness By virtue of the annexed commition to us directed we the under Signed first being Sworn & having made Such examination by inspection and proof as the law requires report that we find said Ephraim McCain to be Imbicile of mind and by reason of Imbicility of mind incapable of managing property 1858 Given under our hands this 12 day of November E.F. Starr M.D. } Jury of Inquest Elnathan Davis J.P. John L Richardson HH. Conly John S Shubert Robert McCluer Jehue Tramel Robert Foster Thos Richardson Ancil Watson W.L. Sumter C.L Williams ------------- Page 29 State of Georgia White County} Elnathan Davis a Justice of the peace of Said County and one of commitioners on the with in commition named do hereby certify that by virtue of the commition I empaneled and Swore in twelve of the Jurors named in Said commition myself being one of the twelve Faithfully and Impartially to try to try and determine the Imbicility of Ephraim McClain alleged to be Imbicile and incompetent to manage his affairs Given under my hand and official Signatures this 12day November 1858. Elnathan Davis J.P. {Seal} White Court of Ordinary December term 1858 It appearing to the court by the return of the Jury of commitioners Selected in the mater of Ephraim McClain allege to be Imbecile and incompetent to manage his property that he is imbecile and incompetent to manage his property and that he is entitled to Six thousand dollars worth of property which is daly waisting away and E.F. Starr a fit and proper person being willing to accept the office of Guardian of the person and property of said Ephraim McClain: It is there fore ordered that said E.F Starr be and is hereby appointed Guardian of Ephraim McClains person and property and that he give Bond and security in the sum of Twelve thousand dollars and take the usual oath of office and that letters of Guardianship then issue to him and further it is ordered that all the proceedings in this matter be entered on the records of this court and it is further ordered that the Sum of twenty dollars be appropriated to pay the expence of the proceedings in the above case WT Leonard ordinary ------------- Page 31 Court of ordinary White County Ga April 4th 1859 The court met for buisness The petition of EF Starr Guardain of E McClain Shoeth that he was actualy prevented from making his return of property of E Mclain at the time required by law first by not having part of Said property in hand until recently Secondly by high water. and prays an order of court Save him from forfeiture of the commition on the return So omitted and which he has made now on the first opportunity given him E.F Starr Guardain of E Mclain Came EF Starr Guardain and being duly Sworn Saith the fact State in Said petition are true EF Starr Guardain E Mclain Sworn to & Subscrid before me this 28th March 1859 W.T. Leonard ordinary The above petition of EF Starr being duly filed and considered this courts order that Said return be now receved & that Said EF Starr be Saved from the forfeiture of commition on Said return this April 4th 1859 W.T. Leonard ordinary ------------- Page 36 Minuets of Court of Ordinary November term 1859 November 7th 1859 Court of ordinary of White County November term 1859 [In margin at left of page- Order to Sell the perishable property of E McClain] Where as EF Starr Guardain of Ephraim McClain Imbicile Applies to me for leave to Sell all the perishable property of Said ward it being Shown that it will be the benefit of Said ward it is ordered by the Court that the Said EF Starr Guardain be and is hereby authorized to Sell Said property by Giving the notice required by law &c Given under my hand this 7th day Novem 1859 W.T. Leonard ordinary ------------- Page 39 Court of Ordinary February Term 1860 February 6 1860 Court opepened for buisness To the court of ordinary of White county The petition of E.F. Starr Guardain of E. McClain and imbecile person Saith to the court as such guardain he has the right to control the Slaves of Said E.M numbering Eight in all and old man a woman and Six little children that he can dispose of Said Slaves in a maner most conducive to their Safety and comfort and Intrest of E. McClain and if allowed to keep them on the farm of E. McClain where they now are or to hire them out privately he therefor prays court to grant an order allowing him to do accordingly also an order allowing him to rent out the farm of E McClain or Such portions thereof as may Suitable for renting EF Starr Guardain of E McClain January 9th 1860 White court of ordinary February Term 1860 Upon hearing the above application of EF Starr guardain of E McClain to hire Said E McClains Slaves privately and to rent the farm of Said E McClain Ordered by the court that EF Starr guardain of E McClain hire them either publickly or privately also to rent Said farm either publickly or privately as he deems best. Additional Comments: File at: http://files.usgwarchives.net/ga/white/court/mcclain946wl.txt This file has been created by a form at http://www.poppet.org/gafiles/ File size: 8.5 Kb