I recently uncovered a court document revealing that Janie (Dove) Holland petitioned the court for a year’s support following the death of her husband, Elijah Jeffers Holland, who passed away at just 42. A month later, I found another court record—this one dating back to 1892—showing that Elijah’s stepmother, Amanda (Hall) Holland, had once done the very same thing after losing her husband, Elijah’s father, Leroy Thomas Holland (my 2nd great grandfather).
In 19th-century Georgia, when a husband died, state law entitled his widow and minor children to receive enough of the estate to cover their living expenses for one year. Just weeks after Leroy’s death on May 4, 1892, Amanda submitted a petition to the Whitfield County, Georgia Ordinary Court (the local probate court), requesting financial and property support for herself and the six minor children Leroy left behind.
Three of those children—Aaron, Lawrence, and Joseph—were hers with Leroy. The other three—Elijah, Andrew, and Charles—were from his earlier marriage to my 2nd great-grandmother, Amanda Elizabeth Scott. Amanda also asked for basic household furniture and goods to meet their day-to-day needs. At the time, no estate administrator had been appointed, which added urgency to her appeal.
Amand Holland, widow of Leroy T. Holland
Application for years support. Filed in office May 23, 1892.
J. C. Norton, Ordinary
State of Georgia, Whitfield County.
To the Honorable Court of Ordinary of said County.
The petition of Amanda Holland respectfully showeth that Leroy T. Holland late of said County departed this life on the 4th day of May 1892 leaving your petitioner his widow and six minor children surviving him, to wit, Aaron, Lawrence, and Joseph Holland, the children of your petitioner and Elijah, Andrew, and Charles Holland, the three last named are the children of deceased by a former marriage and she prays your Honorable Court in conformity with the statute in such case made and provided to appoint five discreet and proper persons to act as appraisers in setting apart to your petitioner and her six minor children as aforesaid the sum necessary in their judgement for support and maintenance of your petitioner and her children for the space of twelve months from the 4th day of May 1892 either in money or such property as may be selected by your petitioner at a fair valuation to be made by said appraisers. And also to set apart a sufficient amount of household furniture for the use of your petitioner and her children, and further to require said appraisers to return to you for record their proceedings. Petitioner shows that there is no administrator on said estate. And your petitioner will ever pray.
Amanda H. Holland, petitioner
The court responded by appointing five local men as appraisers, charging them with assessing the estate and determining what assets should be set aside to support Amanda and the children for 12 months.
Whitfield Court of Ordinary at Chambers
Upon the foregoing application of Amanda Holland, the widow of Leroy T. Holland deceased for the appointment of appraisers to set apart to said widow and her six minor children a sum necessary for their support and maintenance for the space of twelve months out of the estate of said Leroy T. Holland deceased and also to set apart for the use of said widow and children a sufficient amount of household furniture. It is ordered that George P. Brownlee, Samuel R. Hackett, Joseph B. Hays, Andrew J. Womack, and John Ledford be and they are hereby appointed appraisers for that purpose and that a warrant issue to them. Further ordered that said appraisers return to me for record all their proceedings in the premises. Ordered further that this order operate as a warrant to them for so doing. Given under my hand and official signature this 23d day of May 1892.
J. C. Norton, Ordinary
Their findings, submitted on June 4, set apart a share of household items, farming tools, livestock, and 80 acres of land for Amanda and her three children—on the condition that she pay $100 toward the estate’s debts. The three children from Leroy’s first marriage were also allocated a selection of livestock, tools, and partial land interests.
Georgia, Whitfield County
To the Ordinary of said County.
We the undersigned appraisers appointed by your honorable Court to assess and set apart a sum necessary for the support and maintenance of the widow and minor children of Leroy T. Hollard deceased for twelve months either in money or such property as the said widow may select, do report that we find there are two sets of children, to wit, three by a former wife, and three by the said widow and after considering the condition of the estate and the family, we have set apart as being necessary for the support and maintenance of the said widow and her own three children to wit: Aaron, Lawrence, and Joseph Holland the following to wit: One wagon $25, one keg 75 cents, one cross cut saw 50 cents, plow stocks and harness $3, 3/4 bushel grass seed 40 cents, one set buggy harness $1, one garden rake 25 cents, 2450 feet of lumber $12.25, one wash pot 50 cents, mattock 25 cents, grind stone 40 cents, 5 jugs $1, 2 kegs 75 cents, carpenters tools $3, one cow and calf $15, 8 hogs $12, two bureaus two trunks $3, one chair $1, 3 bedsteads $4, one clock $1,4/7 of $150 in lots of land no. 213, ½ of 184 (80 acres of land lot no. 184) tenth district and third section $100. We give her said 80 acres of land provided she pays outstanding debts against the estate to the amount of one hundred dollars. And we also set apart for the support and maintenance of the three minor children by the former marriage to wit: Elijah, Andrew, and Charlie Holland, aged respectively 19, 17, and 15 years, the following property, to wit: One mule $40, two yearlings $6, 2450 ft. of lumber $12.25, 1 evaporator pan $5, 1 safe $3, 3/7 of $150 interest in lots of land no. 213 and one half of no. 184, tenth district and third section.
In witness whereof we have hereunto set our hands and seals this June 4th 1892.
G. P. Brownlee
J. L. Ledford
J. B. Hays
S. R. Hackett
After the appraisers completed their assessment of Leroy’s estate and recommended what support should be set aside for Amanda and the six children, the next step in the legal process was to notify the public. On the record for the July 1892 term, the Whitfield County Court of Ordinary ordered that a citation be issued and published—as required by law. This meant the court was now legally required to let others know that Amanda’s claim had been filed and that the appraisers’ report was available for review.
The notice read:
Whitfield Court of Ordinary
July Term 1892
Ordered that citation issue and be published as the law requires.
J. C. Norton, Ordinary
The notice was published publicly in The Dalton Argus on September 3, 1892 and served as a formal invitation for anyone with legal interest in the estate to object. That could include creditors, other family members, or anyone who believed the division of property was unfair or overlooked their rights. The publication fee was listed as $2.25.
GEORGIA, Whitfield County,
Notice is hereby given that the appraisers appointed to set apart to the widow and minor children of Leroy T. Holland deceased a year support from the estate of said deceased, have filed their report and all persons concerned are required to show cause if any they have on the first Monday in September 1892, why said report should not be confirmed, pf$2.25
J. C. Norton, Ordinary
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The Dalton Argus, Dalton, Georgia, September 3, 1892 |
In Amanda’s case, no one stepped forward to contest the report. When the court reconvened in September, her petition was officially approved.
Whitfield Court of Ordinary
September Term 1892
Notice having been lawfully published requiring all persons concerned, to show cause of any they have why the report of the appraisers appointed to set apart a years support from the estate of Leroy T. Holland, deceased, for the maintenance of Amanda Holland widow of said deceased and her six minor children, should not be confirmed at this term of the Court, and now, there being no objection presented and the Court believing the report just and reasonable, it is hereby ordered to record and made the judgement of this Court. This September 5, 1892.
J. C. Horton, Ordinary
This glimpse into 19th-century probate law shows how widows like Amanda had to not only hold their families together after loss but also navigate a system more focused on property than people. These records reflect the strength it took for the women who came before us to simply endure and survive.
References
- Notice, The Dalton Argus, Dalton, Georgia, September 3, 1892.
- Whitfield County, Georgia, Probate Records 1865–1935. Images 205–206, FamilySearch.