INFERIOR COURT FOR ORDINARY PURPOSES 1808-1822
All Contributed by Kay Braswell Dawson
1814 - November 7,
{102} Reuben Mann be allowed $10 for keeping in jail John Lurthamore 12 days & jail fees iron and locks to confine Wm. Wortham out of any monies for county purposes. W. Whatley, Sm. Gardner, Littleberry Gresham.
1818 - January 5
{202} To the Court of Ordinary. Petition of James Malcom & William Talbot, admrs. pendith lite on estate of Benjamin Braswell, decd., sheweth there is a quantity of perishable property belonging to estate: hogs, horses, cattle, corn, fodder, which is every day wasting & a variety of other articles which are decreasing in value & are certainly perishable & expensive to the estate without being of any value. Your petitioner prays they may have leave to sell same. Ordered by the court the admrs. have leave to dispose of same by sale first giving the necessary notice.
1818 - March 2
{208} James Malcom & William Talbot, exors. of the last Will & testament of Benjamin Braswell beg leave to inform the Court of Ordinary that agreeable to directions of the Will of decd., the negroes are to have the liberty of being sold to those whom they may choose for their master provided persons so chosen will pay 1/2 of the value. No method being pointed out in what manner the value is to be ascertained. Court of Ordinary being interested in the correct administration of estate as guardians of the orphans of this county. Wilson Whatley, Isaac Hughs, Joseph Peeples, John McCoy, & Charles Thompson are appointed to appraise the value of such negroes as are named in the Will in order that the Will may be carried into effect agreeable to the testator's intention.
James Malcom & William Talbot, exors. appointed by the last Will & testament of Benjamin Braswell, decd., was qualified today.
INFERIOR COURT FOR ORDINARY PURPOSES 1822-1834
1823 -(day and month unknown)
{28} Petition of John S Heard stating William Talbot & James Malcomb the persons named as exors. in an instrument lately entered of record in this court purporting to be the last Will & testament of Benjamin Braswell late of said county, deceased did by & under improper influence prevail upon Benjamin Braswell a few days before his death to execute the instrument appointing themselves executors as afsd. When in truth & in fact Benjamin Braswell was by reason of his extreme age & soar affliction rendered wholly incapable of making a legal disposition of his property. {29} And further states William Talbot & James Malcomb have used undue & improper influence in presenting witnesses from attending court & testifying on the trials on a caveat entered against proof of said will. On motion of counsel for petitioner ordered that William Talbot & James Malcomb shew cause at the next regular term of this court why the probate of Will should not be set aside & Will rendered null & void. A copy of this rule be served on each of the exors. by the sheriff at least 20 days before the next regular session of court.
1826 - Thursday May 11th
{150} William Talbot & James Malcom were left exors. to the last will & testament of Benjamin Bracewell of Morgan county, decs. It is stipulated among other things in said will that the proceeds of sales of his property & other effects shall be vested in state bank stock for the purpose of a fund from the interest to be applied to sole purpose of educating the orphan children of Morgan County. Exors. made return 15 Sept. 1825 to Court of Ordinary in which they notify court they are ready to make & investment of funds of the estate as contemplated in will. A sufficient time has elapsed for them to have complied with that provision of the will. This court is advised & believes they have failed to take any steps for accomplishment of that object but on the contrary on applying same to their individual uses & mismanaging the funds of estate. Ordered Citation issue requiring exors. to appear at next Court of Ordinary of said county 1st Monday in July next to shew cause why they have failed to comply with provisions of will as above & they make a fair exhibit of all their actings & doings in premises.
1826 - Monday 3rd day of July
{155} Inferior Court of Morgan County sitting as a Court of Ordinary vs. William Talbot & James Malcom, exors. of Benjamin Bracewell. Citation to shew cause. Citation issued from Inferior Court sitting for Ordinary Purposes 11 May 1826 requiring William Talbot & James Malcom, exors. of the last Will & Testament of Benjamin Bracewell, dec'd., to appear at next court, first Monday in July next, to shew cause why they have failed to comply with Will of Benjamin Bracewell, decd. & make fair exhibit of their actings & doings. On part of William Talbot on division of notes, accounts, & money belonging to estate he received as one of the exors. $3877.60. Amount received on notes & accounts in favor of estate except $100 received in cash up to last return. The interest on above is $127.42. Amount of principal & interest charged against him in his return. William Talbot shows amount is still in his hands & from difficulty of procuring bank stocks he has not been able to vest money he got of Will of Bracewell. Proposition of William Talbot to court & what indulgence he craves of it is after deducting {156} from $3877.60 money paid out by him for benefit of estate by his return he will become individually responsible to court for amount of dividend usually declared on an amount of bank stock as balance would purchase or for lawful interest on amount since return of it was made at option of court & amount of dividend or interest will be disposed of according to the terms of the will. James Malcom on his part sheweth for cause makes exhibit that on the division of notes, accounts, & money of estate of Benjamin Bracewell he as one of the exors. of Will received $38885.47 3/4 all in notes & accounts except $454 estate is charged in his return on record of court with $512.10 paid by him for estate to be deducted from $3885.47 3/4. He is charged with interest on balance up to Sept. 1825. $500 of money has been paid by him to Jno. W. Campbell as will appear by his voucher. Five shares of state bank stock he has bought out of the above sum will appear by his vouchers total $475. After deducting charges against estate & stock bought will be balance $2398.47. Validity of Will being in controversy has loaned out at lawful interest up to April 1826. $1000 of $2398.47 I collected & now hold ready to be disposed of according to Will. Balance remains due & unpaid from difficulty in buying bank stock he has yet unable thus $1000, but is now making arrangements to do according to Will in addition to amount {157} loaned out. He will become responsible individually to court for lawful interest on amount of interest to be disposed of as the Will directs. The court after weighing matters order James malcom & William Talbot, exors. enter into sufficient bond & personal security or security by mortgage or otherwise for security of amounts returned by them as due & they appropriate interest as directed in the Will. Citation be dismissed on payment of costs.
1830 (day and month unknown)
{365} William Talbot, surviving exor. of Benjamin Bracewell, decd., has complied with a rule of this court taken on 3rd day of this last month in giving bond & approved security for faithful administration of Will of decd. Ordered Ganaway Malcom & David Malcom, exors. of James Malcom, decd., who was a coexecutor with William Talbot be authorized & required to pay to William Talbot, surviving exor., the amount found to be due from their testator {366} to the estate of Benjamin Bracewell, decd.
1830 - 3rd day of May
{356} William Tolbot, exor. of Benjamin Bracewell, dec'd, made return of a list of vouchers, examined & ordered to record.......David Malcomb & Ganaway Malcolm, exors. of James Malcom, applied for leave to make a return as exors. of James Malcom who was exor. of Benjamin Brazwell. Wm Tolbot was also an exor. of the last Will of Brazwell. Application of David Malcom & Ganaway Malcom is refused. It is ordered William Tolbot give security for $8000 by next regular term of this court for the execution of Will of said Brazwell & on which he be authorized to receive of David & Ganaway Malcom, exors., the amount in their hands & they are authorized to pay over same over same which said security is to be approved by the court.
1832 - 2nd July 1832
{465} William B. Nunnelly, exor. of William Talbot who was exor. of Benjamin Bracewell, decd., made return today, ordered to record.
MORGAN COUNTY DEED BOOKS
1806 - June 18, Leonard Stringer to Robert Fullwood, both of Clarke County, for $500, in 4th District of Baldwin County, Lot 284 on Sugar Creek, including plantation where self now lives & where Britton Braswell formerly occupied, 202 1/2 acres, in fee simple. Signed: Leonard Stringer. Test: Benjamin Braswell, Saml. Braswell, J.P. Recorded 6 June 1815. (Morgan County Georgia Deed Book D 1813-1815 Page 377)
1808 - February 1, Samuel Braswell Senior of Morgan Co. to Radford Ellis of Oglethorpe Co. for $185, lot # 110 in the 19th Dist. Randolph, granted to Samuel Braswell Senior 28 Jan. 1808, bounded by lots #109, 111, 139, in the 15th Dist. Signed: Samuel Braswell. Wit: Mary (X) Foster, Jno. Foster JP. Rec. 8 Jan. 1810. (Morgan County Georgia Deed Book ? Pages 77-78)
1808 - March 1, Aron Butler of Morgan County to Benjamin Braswell of Clark County Georgia for $312, 160 (or 106) 8/10 acres, 20th District of Baldwin County when granted now Morgan County, fraction Lot 307, in fee simple. Signed: Aron Butler. Wit: Robert (D) Day, Senr., Robert Day, Junr. Clark County: proved by Robert Day, Junr., 19 March 1808, Jno. Foster, J.P. Recorded 26 March 1817. (Morgan County Georgia Deed Book F 1817-1818 Page 23)
1809 - January 10, Isham Huccaby of Randolph County Georgia to Allen Braswell of Morgan County Georgia for $400 in 20th District Baldwin County 202 1/2 acres, Lot 322 on Jacks Creek waters, in fee simple. Signed: Isham (/) Huccaby. Wit: John Middleton, Joshua Crow, John Stogner. Morgan County, proved by Joshua Crow who saw Isham Huckey sign, 16 Dec 1809, John McCoy, J.P. Recorded 24 June 1811. (Morgan County Deed Book C 1811-1812 Page 20)
1811 - February 16, John Bruster to Benjamin Braswell, both of Morgan County, for $200, in 20th District of Baldwin County, 118 1/10 acres, Lot 306, on Sandy Creek waters adjacent Indian boundary line, in fee simple. Signed: John Bruster. Wit: Stark Brown, Aln. Braswell, John McCoy, J.P. Recorded 26 March 1817. (Morgan County Georgia Deed Book F 1817-1818 Page 24)
1815 - August 1, Martin P. Sparks sheriff of Morgan County to John McCoy of same place for $156. Execution issued from Treasury Office of Georgia, 5 July 1811. State of Georgia, plaintiff, & Allen Braswell & Aaron Butler, defendants. Lot in Morgan County but Baldwin County when granted, 20th District, part of Lot 322, 100 1/4 acres sold as property of Allen Braswell. John McCoy was the highest bidder. Signed: Martin P. Sparks, sheriff. Witness: Joshua Boon, Isham S. Fannin, Cyrus Billingslea, J.P. Recorded 1 Aug 1815. (Morgan County Georgia Deed Book D 1813-1815 Page 413)
1816 - July 12, Benjamin Braswell to Alexander Richey, both of aforesaid county, for $100, in 20th District of Baldwin now Morgan County, fraction Lot 306, granted to John Bruster for 118 acres, so much of lot as lays on south side of Holley Spring Branch, 80 acres, adjacent Indian bondary on S.W.., fraction of Lot 205 on SE., Lot 305 on N.E., said Braswell on N.W. Signed: Benjamin Braswell. Wit: Richd. Bridges, Joseph Morrow, J.P. Recorded 23 Feb 1818 (Morgan County Georgia Deed Book F 1817-1818 Page 295)
1817 - September 6, Power of attorney: Morgan County Georgia: Joseph Braswell of aforesaid county appoint my friend William Wortham of aforesaid county my true & lawful attorney in fact to cavet the Will of Benjamin Braswell, deceased, & collect by law my portion of the estate of deceased which I am entitled to as the brother of deceased. Signed: Joseph (BJG) Braswell. Witness: William Phillips, Wiley Fletcher, E. Duke, J.P. Recorded 13 Sept. 1817. (Morgan County Deed Book F 1817-1818 Page 153)
1818 - April 11, James Malcome & William Tolbard (sic) exors. of the Last Will & Testament of Benjamin Braswell, decd. of Morgan County, to Benjamin Stripplen & Samuel Stewart, for $975, 198 9/10 acres, 20th District of Baldwin when granted now Morgan county, Lot 307 & part of Lot 306, beginning on Indian line S 45 E 40 chains S 45 W to Holly Spring Branch adjacent Elemaneur Rich's land, up branch to fork, up South Fork of branch to Indian boundary line to beginning, in fee simple. Signed: Wm Talbet, James Malcome. Test W. Whatley, William Sturet, John M'Coy, J.I.C. Recorded 8 May 1818, John Nisbet, clk. (Morgan County Georgia Deed Book F 1817-1818 Page 339)
1820 - April 4, Reuben Mann, sheriff of Morgan Co., to John Malcom of same for $180 Sundry executions issued from Superior Court of said county, executors of Benjamin Braswell, decd. paintiffs, & Jesse Ponder, defendant, 4 Sept 1818, on Hard Labor Creek waters in Morgan County, 20th District, part of Lot 148, 50 acres. sold at public sale as property of Jesse Ponder. John Malcom was the highest bidder. Signed: Reuben Mann, sheriff. Wit: E. Butler, Jas. Blasingame, J.P. Recorded 3 July 1820, John Nesbet, clk. (Morgan County Georgia Deed Book G 1818-1820 Page 315)