Lee County Georgia Wills - Thomas J. Avera Submitted by Len Avera lavera@netdoor.com THOMAS JEFFERSON AVERA - ESTATE RECORDS PROBATE OF WILL The following are extracts from the Estate Records of Thomas Jefferson Avera and are taken from RECORDS OF WILLS BOOK A LEE COUNTY, GEORGIA. WILL OF THOMAS J. AVERA, PROBATED: February 16th 1874 Georgia To the Ordinary of said County February Term 1874 Lee County The petition of D. G. Avera & Harriet Avera Respectfully showeth that Thomas J. Avera late of said County, departed this life Testate on the 18th day of January 1874, leaving a Will & appointing your petitioners as Executors of the same. Which said Will they hereby proposed and pray that the same be proven in Solemn Form of Law, and filed in the office of Said County. W. G. Warnick Petro atty ********** 16th Feb. 1874 Lee Court of ordinary February Term 1874. Georgia Whereas D. G. Avera & Harriet Avera, show by their petition Lee County that Thomas J. Avera, late of said County, died Testate on the 18th day of January 1874: and appointed by Will them as Executors of his Last Will and Testament: and whereas said petitioners now bring Last Will and offer the same for proof in solemn form of Law: and having introduced W. J. Sears who being duly sworn says that he saw the Testator sign said will in his presence & in the presence of the other Witnesses that said Witnesses signed the same at this request and in the presence of the other witnesses, C. H. Wooten and G. W. Warnick: Therefore ordered that said Will be admitted to Probate in Solemn Form of Law, and that Letters of Executorship do issue to said petitioner: It is further ordered that a warrant of appraisement be issued to H. Whitaker, C. H. Cannons, W. D. Wells, W. S. Johnson and W. S. Jennings, to make a true appraisemnt of the Goods and Chattles, Rights & Credits of said deceased in letters of the Law. Witness my hand & Seal this 16th day of February 1874 E. D. Watson - Ordianry ESTATE COURT ACTIONS July 13th 1874 Georgia, Lee County - June 13 1874 Lee County To Hon. E. D. Watson ordinary of said County The petition of Henry Barnes respectfully submits that he is the holder & owner of a bond for Title for a certain tract of Land, situated in the Town of Smithville in said County. That said land was purchased from T. J. Avera. That since the execution of said bond, T. J. Avera has died without making your petitioner a Deed to said land. That your petitioner has fully paid the purchase money for said Land, whereas petitioner prays the Court to issue an order requiring D. G. Avera Executor of the Estate of T. J. Avera to make your petitioner a good and sufficient title in fee simple to that described in said Bond (a copy of which is hereto attached) in accordance with the law for such cases provided. June 13th 1874 signed -- Henry Barnes, petitioner. COPY OF BOND FOR TITLES FOR ABOVE PETITION June 1st 1874 Georgia Know all men by these presents that Lee County T. J. Avera of the State & County aforesaid, held & formerly bonded unto Henry Barnes of the same place, his heirs & assigns in the sum of Five hundred Dollars subject to the following conditions. The conditions of the above obligations is as follows. Whereas, said Henry Barnes has this day made & delivered to the undersigned his certain promisory Notes - one for the sum of seventy five Dollars to become due on the 25 day of December next. The other the sum of one hundred fifty - Dollars to become due the 25th day of December 1873. And should the said Henry Barnes well & truly pay the said promisory notes, at such time then the undersigned binds himself to make, or cause to be made, to said Henry Barnes, good and sufficient Titles and fee Simple to a certain tract of land in the Town of Smithville in said County, continuing sixty-eight feet North & South by one hundred and twenty feet East & West, bounded North by Mrs. Marsh - East by McAfee - South by Scury, West by S. W. RR continuing 1/5 of an acre more or less with all the rights - numbers & opportunities to said land any way appertaining or belonging: provided never truly???? Subscribed before signed T. J. Avera James Dodson G. F. Shipp Recorded July 20, 1874 June 1st 1874 Georgia Court of Ordinary at Chambers July 13, 1874 Lee County It appearing to the Court from the written petition, that T. J. Avera during his life time did sell to Henry Barnes (Col) certain Farm Land in the town of Smithville and that he died without making title to said land and that the money having all been paid. It is therefore ordered by the ordinary that the Exec's make title to the same as the law provides in such cases. E. D. Watson - Ordinary Recorded July 20, 1874 ********** June 1, 1874 Georgia To the Court of Ordinary of said County and State Lee County the petition of the members of the friendship Baptist (sp babtis) Church, showeth that heretofore on the first day of January 187...T. J. Avera of said County and State then in life now deceased, bargained, granted & sold to your petitioners a certain tract of land known as the old union Church one mile from Smithville. Bounded on the East North and West by W. D. Wells land, on the South by the Johnson Estate place and containing three acres more or less. And T. J. Avera died failing to grant your petitioners a bond for titles but had witnesses as such and your petitioners are that on the 18th day of January 1874 said T. J. Avera departed this life without executing bond for titles to be made to your petitioners to said land and your petitioners say that they paid all the purchase price for said tract of land to the said T. J. Avera in his life except six dollars which has been paid to D. G. Avera Executor of the Estate of T. J. Avera deceased, which your petitioners prays that D. G. Avera and Mrs. Harriet Avera Executors on the Estate of T. J. Avera, Dec'd are directed by this Court to Execute to your petitioners Titles in Fee Simple for said lot of land in compliance with the law, that govern such cases, said petitioners will ever pray. This June 1st 1874. signed J. F. (Unreadable) petitioners. ********** June 15th 1874 Georgia Court of Ordinary at Chambers Lee County June 15, 1874 It appearing to the Court from the petition that T. J. Avera during his life time sold to members & Deacons of the Baptist Church, tract or parcel of land, to wit, the Church lot from Smithville known as the Mrs. Mitchell lot, and died without making title though the purchase money having been paid. It is ordered by the Court that the Executors of Estate of said T. J. Avera do make good and sufficient title to said church in full compliance to the law in such cases. signed E. D. Watson Ordinary ********** Oct. 15, 1874 Georgia To The Hon. E. D. Watson Lee County Ordinary of Said County and State The petition of Charles Scury Respectfully Shows that he is the holder and for purposes of Bond for titles to certain tract land Situated in the Town of Smithville in said county. Said Bond Executed by T. J. Avera during his life a copy of which bond is hereto with attached That the petitioners has full compliance with the conditions of Said Bond. Therefore prays for an order of the court ordering D. G. Avera Exr. & H. Avera Exrx of the estate of T. J. Avera deceased Requiring the said exr & exrx to Execute titles to said land under the terms of Said Bond. Oct 15th 1874 Charles Scury Georgia Copy of Bond Lee County Know all men by this Bond That T. J. Avera of State and County aforesaid am held and bound with Charles Scury of the Same place, his heirs and assigns in the Sum of One Hundred and fifty four dollars Subject to the following conditions whereas Charles Scury has then made and outlined to the undersigned on the 1st Dayof January 1873 next more that Said Charles Scury will and truly pay the Said notes then the undersigned binds himself to or cause to be made to said Charles Scury good the sufficient titles in fee simple to a tract of land bounded South and West by Rail Road and by T. J. Avera and East by W. M. McAffee consisting of one hundred and Eighty feet North and by one hundred and twenty feet East and in the Town of Smithville in Said County with all the Rights members and opportunities to Said lot of land in any wise appointments belonging and the Said Charles Scury that if the same is not paid within time after its making then he will Return the premises and give to T. J. Avera immediate possession without Recourse on him being the undersigned do and perform what here what is agreed to then this what to be said otherwise of force. Nov. 4th 1871 signed - T. J. Avera Before James Dodson Nov. 23, 1874 Georgia Court of Ordinary of said County and State Lee County Nov. 23rd 1874 After hearing the above and there being no objections filed It is Ordered by the court that the Exe & Exrx of the Estate of T. J. Avera deceased make Said land in accordance with the bond to annexed as the law for Such cases and provides. E. D. Watson Ordinary ********** 30 Nov. 1874 Lee County Deed Book B, P. 246 Georgia - Lee County January 21st 1875 Court of Ordinary at Chambers 22 June 1874: It appearing to the Court by petition of the Pastor and Deacons of Bush Arbor Church (colored) that T. J. Avera did sell to the Pastor and Deacons while in life three acres of land in the 16th District of Originally Lee County, now Sumter County known as the Union Church Lot and the said AVERA died without making a title to same and the purchase money having been paid and due notice given the Executor and Exrx. of the last will and testament of Thos. J. AVERA, they are ordered to make Title to same. Deed and Title follows on same page and shows the land to be in the 16th District (now Sumter) three acres lying in SE corner of lot 28 "where the old UNION CHURCH once stood on Americus road. Recorded 30 Nov. 1874 ********** January 21, 1875 Georgia To the Honorable E. D. Watson Ordinary of said County Lee County The petition of D. G. Avera, Executor of the Estate of T. J. Avera deceased, respectfully shows that it would be in the best interest of the heirs and Legatees of said Estate for a Certain Horse, the property of said Estate be sold at private Sale, and the proceeds of the sale be invested in a mule -- January 21st 1875 D. G. Avera Petitioner February 1875 Georgia Court of Ordinary February Term 1875 of said County Lee County After hearinig the foregoing petition and there being no objections filed, it is ordered by the Court that the horse (mare) be sold at private sale by said Executor and the proceeds Thereof be used to purchase a mule. E. D. Watson Ordinary ********** Feb. 15th 1875 Georgia To the Hon. E. D. Watson, Ordinary of Said County and State. The petition of D. G. Avera The Executor upon the The Estate of T. J. Avera Showeth That your petitioner in consequence of private business together with other causes cannot rinder That attention to his trust demands That he has given notice Required by law in Such cases. Wherefore yours prays That he may be allowed to Resign as Executor as aforesaid This Feb 15th 1875. James Du????? Pts. February 15th 1875 Georgia Personally appreard before me The undersigned The above Lee County D. G. Avera who being sworn to the Facts Stated in the Above petition and given sworn to & subscribed before me. This February 15th 1875 D. G. Avera E. D. Watson - Ordinary Feb. 15th 1875 Georgia So here as D. G. Avera am of the Executor upon Lee County The Estate of T. J. Avera prays to Resign his trust as Executor as aforesaid due to private business together with other causes and he appears that The petitioner has given The notice Resigning It is Therefore ordered That said Executor be discharged from further liability after selling the xxxxxxx? of said Estate with his xxxxxx? up to this time and it is further ordered the ususal compensation be allowed the same Returning up to This date Feb. 15th 1875. signed xxxxxxx unreadable ********** Recorded 16 Feb. 1876 Lee County Deed Book B, P. 229-30 State of Georgia Lee County Indenture made 10 March 1870 between THOMAS J. AVERA of Lee County of one part and JOHN W. JORDAN, Sr., J. C. HARRIS of Lee County and JOHN C. RIDDLE DUNCAN, P. McLAIN and DAVID C. ROGERS of the County of Sumter, Trustees of UNION CHURCH M. E. S. (Methodist Episcopal South) in Trust for uses and purposes hereinafter mentioned parties of the second part. Witness: The said THOMAS J. AVERA in consideration of the sum of $50. to him in hand paid, receipt acknowledged hath given, granted, sold and conveyed to the above trustees all the estate right, title and interest in property or claim a certain lot lying in the town of Smithville in said county and state and described as follows; Beginning at corner of Church and Rear streets east side of Railroad thence down South Street 100 ft. to ??????? street, thence East 100 ft. thence north 100 ft. to Church Street to the point of the beginning, it being originally a part of town lot #16 which said lot is now divided. Said Trustees shall erect and build a House of Worship for members of the Methodist Episcopal Church South ... minister to be chosen by Conference to preach and expound on God's Holy Word. Wit: T. J. Avera, his seal Geo. C. Edwards, NP & Ex Officio J. P. Sumter Co. Recorded 16 Feb. 1876 ********** February 6th 1878 Georgia To the Honorable J. W. Batts Ordinary of said County Lee County The petition of Francis M. McKinney Respectfully showeth that heretofore to wit on the 10th day of January 1874 Thomas J. Avera of said County departed this life leaving D. G. Avera Executor and his wife Henretta Avera Executrix under the will. Your petitioner shows that on the 15th day of February 1875 this D. G. Avera resigned said Executorship. Your petitioner Shows that on the 29th day of January 1878 your petitioner intermarried with the said Henretta E. Avera Executrix as aforesaid. Wherefore your petitioner prays that the Husband of the Executrix be appointed Administrator of Said Estate with her Will As Such in accordance with the law as Such cases provided, and your petitioner will comply. February 6th 1878 signed James Dxxxxx unreadable xxxxxxxx unreadable Filed in Office February 8th 1878 J. W. Batts Ordinary NOTE: THE DATE OF DEATH OF THOMAS J. AVERA IS INCORRECT IN THIS DOCUMENT AS IS THE NAME OF HARRIET E. AVERA March 18th 1878 Georgia Court of Ordinary March Term 1878 Lee County After hearing the above petition and having xxxxxx?? xxxxxx?? It is ordered by the Court that F. M. McKinney xxxxxx?? is hereby appointed Administrator of the Will of annexed of the Estate of Thomas J. Avera deceased. Upon giving the Necessary bond and compliance with the law for Such Cases made and provided. March 18th 1878 J. W. Watson Ordinary ********** May 1st 1884 Georgia To the Ordinary of Said County Lee County The petition of G. W. Warnick atty in fact for Charles Avera respectfully Showeth that Said Charles Avera is a Legatee under the Will of his Father T. J. Avera late of said county and he is entitled to one fourth of the estate of Said T. J. Avera, that F. M. McKinney of Said County is the administrator De bonus non Cum testamenta Auux a and that as said administrator he has in his hand the sum of One thousand dollars or other large Sums arising from the rents issues & profits of said Estate and therefore though often requested he refuses to pay any to petitioner his one fourth part of Said Sum Sa Collected, He therefore prays for an order requiring Said F. M. McKinney administrator as aforesaid to be and appear at the June term 1884 of the Court of Ordinary to be held in and for Said County to show Cause if any he can why he should not pay over to petitioner One fourth of Said rents is such & profits or if in default he Should be dwelth with as the law requires. G. W. Warnick Atty for petitioner Filed in Office May 1st 1884 George C. Edwards - Ordinary Lee Court of Ordinary May 1st 1884 F. M. McKinney as administrator of T. J. Avera Estate will show cause before me at the June Term of the Court Why he should not pay over to petitioner the amount of Money So Claimed to be illegally withheld Witness My hand & Official Seal of Office George C. Edwards Ordinary Due and legal Service Acknowledged May 1st 1884 F. M. McKinney ********** July 5th 1878 Georgia To the Hon. J. W. Batts Ordinary of said County Lee County The petition of Francis M. McKinney respectfully shows that he is administrator of the will annexed of the Estate of Thomas J. Avera late of said County deceased and that it is to the interest and advantage of said Estate, that the personal property be sold at public outcry. Your petitioner therefore prays the County issue an order for the Sale of said personal property in accordance with the Law in Such cases such usual provided July 5th 1878 James Dxxxxxx?? Petty xxxxx?? Filed in Office July 9th 1878 J. W. Batts ********** Lee Court of Ordinary October Term 1879 The petition of D. G. Avera respectfully Showeth that he ownes one of the Securities on the Bond of F. M. McKinney Administrator of the Estate of T. J. Avera late of said County and that he apprehends that he will Suffer loss of such Security unless he is discharged from said bond. He therefore prays your Honor to pass Such order as the Law requires, So as to discharge him from any liability. petitioner will Ever pray Original Filed in Office G. W. Warnick atty Oct. 20th 1879 J. W. Batts Ordinary PAGE 194 DID NOT, COPY SHOWS F. M. McKINNEY IS RELIEVED AS ADMINISTRATOR INVENTORIES, APPRAISALS, RETURNS AND SALES Book 4, PP 539/40 March 13, 1878 F. M. McKinney, J. D. Snellgrove, T. Stewart, W. Wells and J. F. Johnson are duly sworn to make a true and just inventory of the goods and chattels of the estate of Thomas J. Avera on 13 March 1878. Page 540 Appears to be the household goods and notes owned to the estate including notes of J. C. Avera for $500., D. G. Avera for a much smaller amount and others. Remember this is the perishable property and does not include real estate. RETURNS BOOK 4 PP 78-88 A list of the perishable property belonging to the estate of Thomas J. AVERA is sold at HIS late residence. A Dr. Clark was a major buyer, buying up most of the household goods. NOTE: CHARLES AVERA bought a club ax for 65c. PP 79 Annual returns for 1879, mostly bills that were paid... PP 80-81 FRANCIS McKINNEY, adminstrator of the estate of THOMAS J. AVERA. This page is very full of actions on the estate... Dr. Clark was paid for extracting for CHARLES AVERA $1.00 and then $4.00 for 4 visits and medicine for CHARLES on 5 October 1878 and another return shows for CHARLIE AVERA, a coat & vest from Granberry and Barlow in Americus. PP 82 October 4, 1878 shows F. M. McKINNEY paying fees for applications for letters of administration on the estate of T. J. AVERA, dec'd and also application to sell personal property. This on January 20, 1878. His Attorney was James Dodson. S. F. Aycock was paid for making two dresses for Mrs. H. E. AVERA. CHARLES got a new suit for $15 at the same time. On December 5, 1878 McKinney paid $20 tuition for Charles, $22.50 for Byron and the same for Thomas. He also bought 2 Algebra books, 1 book on surveying, 1 English Grammer, 1 Arithmetic, 6 copy books. PP 83 shows that there were 2 cases in the Justice Court: Harriet E. Avera vs Smith and Dobbins (?) and another case Mrs. H. E. Avera vs J. L. Barnes and April 15, 1878 and one case F. M. McKinney vs D. G. AVERA on 20 March 1879. PP 84-85 Shows other matters of interest such as: March 17, 1878 Charles and Byron got new shoes and mentions again Charles suit and clothes for Byron. PP 86 Voucher #38 shows that the estate paid $110 for board for CHARLES M. AVERA and that he reduced the amount by $18.26 by assisting in feeding cows etc. The estate paid $170 - $22.92 which he had earned for assistance in feeding the cows etc. so that bill was $141.78. TOMMIE AVERA was also $170 less $29.22 for his services in getting water, wood etc. so his bill was for $141.78. HERE FOR THE FIRST TIME HARRIET is called MRS. H. E. McKINNEY and her board was $170 for 17 months. PP 87 Contains vouchers made while Mrs. H. E. AVERA was Executrix PP 88 Voucher 79 shows CHARLES signing a voucher for $35 in cash to pay Railroad fare and hotel bill fare to school on 1 January 1878. RECORD OF RETURNS, VOL 5 PP 33-35 Shows various business vouchers. PP 88-91 W. T. AVERA was paid 8 times at $25.00 a voucher for various school expenses during 1886. PP 138-140 Mention is made of paying taxes on land in Terrell County. NOTE: In 1870 Francis McKinney lived in Terrell County, in Dawson, Georgia and was a dry goods merchant with his property valued at $5000. His wife was Priscilla age 32 and he had five children aged 19 down to 6. His two sons 19 and 17 were assistant surveyors on the railroad. It is believed that his wife, Priscilla, had died by the time he took over the AVERA estate and that he married HARRIET soon after. That may be what caused CHARLES to leave home.