Monday, January 31, 2011

Amanuensis Monday: Petition in the estate of Elias J. Price

Some explanation is necessary for this one!

My maternal great great grandfather, George Schwalls, was married twice.  His first wife, Lincelia Claxton had been married previously to Elias Price, who died while serving in the Civil War.  Lincelia and Elias had two children:  Rutha and Elias J. Price.  She married George in 1866 and passed away in 1882.  Rutha was about 21 and Elias J. was about 20 when their mother died.

Then Elias J. (Lincelia's son) passed away two years later in 1884.  He died intestate and was not married, so it appears that his stepfather, George Schwalls filed a petition in 1886 to be made administrator of Elias's estate.  (I am not well versed on the inheritance laws of this time period; if anyone can offer any insight, I would appreciate it.)

This petition was filed in Johnson County, Georgia.  Blank lines indicate words I was unable to transcribe.

"April Term    1886

Johnson County
To J. M. Hightower Ordinary of Said County

Note to side:  Petition of George Schwalls adms on Estate of Elias Price

The petition of George Schwalls, a citizen of said State and County, and one of the Heirs of Elias Price, late, of said county, deceased, shows that said deceased departed this life on or about the 3rd day of October 1881 and as he believes intestate leaving property real and personal lying said county of the prob. value of Six Hundred dollars and that said estate should be _____ _____ for the purpose of collecting and paying the debts owed to and owing by said Estate and for the purpose making distribution.
Thereof announce the heirs of Said deceased.
Wherefore petitioners _____ are order _____ citation to issue and be published in terms of the law and that if no good cause be shown to the contrary _____ petitioners be appointed administrator of the Estate of said deceased this April 5, 1886.

                            George Schwalls

Read and considered and it is hereby ordered that Citations issue and be published as required bid on this 5th day of April 1886.
                            J. M. Hightower, Ordinary"


  1. This is a little confusing. You say that Elias J. passed away in 1884, but the Petition says it was on or about October 3, 1881. In either case, isn't it curious that it wasn't until 1886, four and a half years later, that the petition was filed?

  2. I apologize for any confusion; I have found that most of the time, there is confusion on details in the family history... records were never made or were lost or were downright wrong and no one is around to ask for clarification! I did notice the discrepancy in the date; however, J. Elias's (which I mistakenly listed as Elias J.) headstone reads 1884. That is where I got that date. So either date could be correct. Either way, it is curious that it took either 2 or 4 years to file that petition; I only speculate why. I do know the family lived at least 15-16 miles from the county courthouse... that could have been a factor. Or the cost of filing fees, if there were any. I wish I knew the answer!

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