Abijah Overton was born in 1805 in South Carolina. Although I have not yet confirmed his parents, I have verified that he had at least six siblings: Henry Overton, John Overton Jr., James Overton, Mary Overton, Bersheba Overton, and Jane Overton. Abijah is my 3rd great-grandfather, with our nearest common ancestor being his daughter, Millicent Virginia Overton.
According to the Alabama Official and Statistical Register published by the Alabama Department of Archives and History in 1911, the Overtons were of Welsh descent. This aligns with the 12 percent Wales ethnicity estimate in my DNA. Additionally, while researching Fletcher Overton, Abijah’s grandson, I discovered something intriguing. According to WikiTree, a collaborative site for genealogists, Abijah is 20 degrees from Robert the Bruce, King of Scots from 1306 to 1329. If this connection is accurate, it could explain the five percent Scotland ethnicity estimate in my DNA.
The Cahaba Creek Tribal Association claims that this line is one of the Creek Overton lines, showing Abijah as 3/8ths Indian. Additionally, they indicate that Abijah’s brother married women who are part Catawba Indian.
On November 9, 1829, L. Hopkins, Clerk, authorized the marriage of Abijah to Elizabeth Ann Rhodes in Newton County, Georgia. They were married by Justice of the Peace Farr H. Trammell in Covington, Newton County, Georgia on November 12, 1829. I have not yet conducted enough research on Elizabeth to provide detailed information about her family.
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Newton County, Georgia marriage record |
Abijah and Elizabeth had a large family with nine children: Mary J. Overton, James H. Overton, Julia “Saphronia” Overton, Elizabeth B. Overton, John M. Overton, William Mosley (or Mosby) Overton, Frances A. Overton, Louisa E. Overton, and Millicent “Virginia” Overton. I descend from their daughter Virginia, who was also known as Milly or Ginnie.
In 1830, Abijah and Elizabeth lived in Newton County. The census record indicated that the household consisted of one male “of twenty and under thirty” and one female “of fifteen and under twenty.” They resided next door to a man named Mercer Rhodes, though it is unclear if he was related to Elizabeth.
On November 4, 1830, Abijah served as one of two witnesses to a legal agreement between John Traylor and John Hales in Newton County, where Traylor sold a 70-acre parcel of land to Hales for $375. Then, on January 7, 1831, Abijah entered into an agreement with Asa Harper, also of Newton County, in which Harper sold 20 acres of land to Abijah for $45. This land was located in the 16th District of what was formerly Henry County, now Newton County. The boundaries of the land were meticulously described, starting from a post oak corner and following specific directions to various stakes and corners. Harper granted all rights and appurtenances (e.g., a barn, well, or stream) associated with the land to Abijah and his heirs forever, and he promised to defend the title against any claims by others.
The deed transfer was recorded in Deed Book D, page 2, in 1831 in Newton County.
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General Index to Deeds, Newton County, Georgia, 1831 |
Abijah was one of the “fortunate drawers” in the 1832 Cherokee Land Lottery. As part of the lottery, he was awarded 40 acres on lot 137 in the 7th District, 4th Section of Martin’s District in Newton County.
On December 6, 1834, Abijah and Bartlett Thomason, both residents of Newton County, entered into an agreement where Thomason sold 25 acres of land (lot 365) to Abijah for $125. This land, originally surveyed in Henry County but now part of Newton County, was situated in the 16th District. Thomason transferred all rights and appurtenances associated with the land to Abijah and his heirs in perpetuity. Additionally, he pledged to defend the title against any claims by others. The transaction was witnessed by Mercer Rhodes and John Hudgins, Thomason’s agent.
By 1836, if not earlier, Abijah had become a Justice of the Peace in Newton County. In 1840, he resided in District 166 of Newton County. His household included four free white males (two under age 5, one aged 5–9, and one aged 30–39), four free white females (three aged 5–9 and one aged 20–29), and a female slave (aged 10–23) working for him.
On January 22, 1842, Abijah entered into a legal agreement with John Griffin of Fayette County, Georgia, to purchase a tract of land for $300. At that time, Abijah was living in Newton County. The land, originally part of the 13th District of Henry County and now in the 9th District of Fayette County, consisted of 101.25 acres, specifically the southern half of lot 97. The boundaries of the land were described as starting at the southeast corner, extending north halfway across the lot, then west to a pine corner, south to the original corner, and east back to the starting point. Griffin guaranteed his right to sell the land and promised to defend Abijah’s ownership against any claims. The document was witnessed by William Wakefield and Harrison Walker, Justice of the Peace, and was recorded on July 23, 1842, by James F. Johnson, Clerk. This indenture ensured that Abijah had full ownership and rights to the property.
Between 1843 and 1864, Abijah, serving as Justice of the Peace, certified an annual list of children aged 6 to 18 who were eligible to receive benefits from the poor school fund. Although another researcher mentioned that he “was overseer to the public school for poor children,” I have not been able to confirm this detail.
On September 23, 1843, Abijah witnessed Mathis Smith signing a deed in Newton County while acting as Justice of the Peace.
By 1848, Abijah resided in the Ball Rock District of Newton County.
On September 26, 1850, Abijah and his family were living in Subdivision 65 of Newton County. He was mistakenly recorded as “Elijah” in the census. At 45 years old, Abijah worked as a farmer and owned real estate valued at $1,500. His daughter, Saphronia, was listed as “Ciphonria,” and daughter Virginia was recorded as “Milly.” Of their nine children, only James and John had attended school within the past year.
In 1851, Abijah owned lots 365 and 366, totaling 222.5 acres of third-quality oak and hickory upland in District 10 of Newton County. He also owned lot 80, which comprised 250 acres of the same type of land in District 10.
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1851 Newton County, Georgia, U.S., Property Tax Digest |
On March 24, 1851, Abijah served as a Grand Juror for the Newton County Superior Court during the March 1851 term. He participated in hearing cases involving divorce, maintaining a disorderly house, and trespassing. A review of the court records reveals that he served multiple times throughout the year.
Abijah’s daughter Elizabeth married Vardamond Woolley in Newton County on October 19, 1853. Later that year, on December 12, Abijah’s brother Henry passed away in Perry County, Alabama.
On June 28, 1856, Abijah, serving as Justice of the Peace, officially recorded a document in Newton County describing a mule found wandering without an owner. The record stated that Robert S. Stanton reported a bay mare mule with a roached mane (cut short), a tail trimmed partway down and then cut square off, and wearing three old shoes. The mule was estimated to be about eight or nine years old and was appraised at $50 by James B. Zachary and John Haygood. This record was later extracted from the Estray Book on July 19, 1856, and certified by William D. Luckie, the Clerk.
On June 15, 1858, Abijah’s daughter Saphronia married Vardamond’s brother, Hansford Woolley, in Newton County.
On July 14, 1860, Abijah witnessed an agreement between Joshua H. Glenn and John J. W. Glenn, both of Newton County. Joshua Glenn acknowledged receiving $10,000 from John Glenn and, in return, sold him a tract of land in Newton County. This land, approximately 400 acres, was bounded by the Yellow River and the lands of John P. Carr, Abijah, Joshua Glenn, and May L. Zachary. It included water privileges on the east side of Baldrock Shoal, preventing others from erecting machinery there, as well as saw and grist mills at the shoal. Joshua Glenn granted all rights and appurtenances associated with the land to John Glenn and his heirs forever, and promised to defend the title against any claims.
By October 15, 1860, Abijah was living in Conyers, Newton County, Georgia. Five of his children—Mary, John, Frances, Louisa, and Virginia—still lived at home, along with two grandchildren: Thomas (aged 5, son of Mary) and Emma (aged 2, daughter of Frances). Abijah was a farmer with real estate valued at $2,000 and a personal estate of $850. His wife Elizabeth and daughter Mary (aged 28) contributed to the household income by working as seamstresses. Son John (aged 21) also worked as a farmer alongside his father. John and Louisa were the only two in the household who had attended school. Unfortunately, Abijah’s wife Elizabeth was unable to read or write.
Abijah’s brother James passed away on September 1, 1860, in Toledo, Cleveland County, Arkansas, and was buried at Cash Cemetery in Toledo.
The year 1861 was a tragic one for the Overton family. Abijah’s infant grandson, John L. Woolley, son of Saphronia, died on March 30, 1861. Just two weeks later, on April 15, Saphronia also passed away. Both deaths occurred in Conyers, likely due to some form of disease. Saphronia and her son were buried at the Old Conyers Cemetery.
Saphronia’s widowed husband, Hansford Woolley, enlisted as a private with Company B, 18th Georgia Infantry on October 2, 1861, to serve in the Civil War. Before leaving, Hansford signed a will on September 30, 1861, leaving his estate to his father, Boswell (Basel) Woolley, and Abijah, his father-in-law, to be shared equally. Sadly, Hansford was wounded at Chancellorsville and died in a hospital in Richmond, Virginia, on April 29, 1862. His body was brought back to Conyers by a brother and buried beside his wife and son. Hansford’s will was proven in Newton County court on September 1, 1862, and Abijah was officially named Executor.
Elizabeth’s husband, Vardamond Woolley, served with Company F, 42nd Regiment, Georgia Infantry during the war. He died in captivity of typhoid fever on December 19, 1862. His wife brought him home for burial in the family plot at Old Conyers Cemetery.
On February 11, 1863, Abijah appeared before a Justice of the Peace to make a sworn statement. As the executor of Hansford’s estate, he detailed Hansford’s military service and death, noting that he left behind no surviving wife or children. Abijah made this deposition to claim any bounty owed to Hansford by the Confederate government, having already received his back pay. This statement was part of the process to settle the estate and ensure all entitlements were collected. On March 26, 1863, T. A. Walker, the clerk of the Inferior Court of Newton County, certified the document, confirming that D. T. White, who took Abijah’s deposition, was a duly commissioned and qualified Justice of the Peace at the time he signed the affidavit. This certification ensured that D. T. White’s attestations were legally valid and trustworthy both in and out of court.
On April 3, 1863, Abijah submitted a claim for deceased soldiers from Georgia to the Office of the Confederate States Auditor for the War Department. He received a $50 settlement on January 11, 1864.
As requested, Hansford was buried at Old Conyers Cemetery beside his wife and child.
In 1864, Abijah lived in the 27th Senatorial District-566th Militia District of Newton County, where he worked as a farmer and served as Justice of the Peace.
In March 1867, Abijah’s unmarried daughter, Louisa, gave birth to a son in Conyers, whom she named Fletcher L. Overton. The father is unknown and Fletcher remained close to Abijah throughout his life.
On July 6, 1867, Abijah registered to vote in Precinct Number 6, Election District 27 of Newton County.
On April 10, 1868, Abijah purchased commercial manure from Wilcox & Gibbs for $22.50, secured by a promissory note due on November 1, 1868. He intended to use the manure on his plantation in Newton County. To ensure repayment, Abijah granted Wilcox & Gibbs a superior lien on his 1868 crops and mortgaged his livestock, farming equipment, and household items. He also agreed to cover all related costs, including attorney fees up to 10 percent of the note’s principal and interest, if legal action was needed to enforce the lien or mortgage. The mortgage would be void once he paid the note in full.
On November 4, 1869, Abijah’s son, John, married Mrs. Jane E. (Smith) Denard at her father’s home in Newton County. The ceremony was performed by Elder Isaac Hamby. Jane had previously been married to Frances Marion Denard, who died in Richmond, Virginia, on June 13, 1862, during the Civil War.
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The Georgia Enterprise, Covington, Georgia, January 8, 1869 |
Francis served as a private with Company B of the 18th Georgia Volunteer Infantry. Within his military record, there is a document dated August 30, 1862, indicating that both Abijah and Francis’ father, James Smith, were deposed to confirm that Jane and Francis were legally married.
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Excerpt from Francis M. Denard’s military service record |
On September 20, 1870, Abijah lived in Conyers, Subdivision 163 of Newton County. At 66 years old, Abijah continued to work as a farmer. His wife, Elizabeth, managed the household, while their daughters Mary (39), Frances (24), and Louisa (23) were listed as being “at home.” Grandson Thomas (14, son of Mary) worked on the farm. Also living in the home were granddaughter Emma G. Overton (12, daughter of Frances), grandson Fletcher L. Overton (4, son of Louisa), and Mattie L. Overton (3, daughter of Frances). A 24-year-old white male named Lewis Sudduth, who was apparently unemployed, also resided with them. Thomas, Emma, and Lewis were all unable to write.
Next door lived Abijah’s daughter Elizabeth Woolley and her children: Nancy (15), James (13), Julia (11), and Roxey (9). Abijah’s grandson James was also unable to write.
In 1870, Abijah’s farm consisted of 110 acres of improved land and 110 acres of woodland, valued at $1,000. His farming equipment was valued at $35, and he paid $288 in wages, including the value of board. Abijah owned 2 horses, 3 milch cows, 2 working oxen, 25 other cattle, 15 sheep, and 16 swine, all valued at $400. His farm produced 66 bushels of wheat, 175 bushels of Indian corn, and 50 bushels of oats. Additionally, it yielded 4 bales of cotton, 18 pounds of wool, 50 pounds of sweet potatoes, and 100 pounds of butter, valued at $100. The value of animals slaughtered or sold for slaughter was $175.
The 1874 U.S. Property Tax Digest shows that Abijah (enumerated as “Ebijah”) owned 200 acres in the 16th District of Newton County, specifically lots 365 and 366, valued at $1,300.
In 1875, Abijah was listed as the guardian for two children living in his home, both between the ages of 6 and 18. He employed two laborers who were between the ages of 12 and 65. Abijah owned 220 acres of land (lots 365 and 366) in the 16th District, valued at $1,300. Additionally, he was listed as the executor for the estate of H. D. Woolley, which had property valued at $100.
In 1877, Abijah Overton continued to serve as a Justice of the Peace, now in Rockdale County.
On January 24, 1878, Abijah’s grandson Thomas married Georgia Ann Cowan. The Conyers Courier published the announcement on January 26:
Married. On the 24th, at the residence of the bride’s father by A. M. Helms, Esq., Mr. T. L. Overton to Miss G. A. Cowan.
I have been unable to locate a death record for Abijah’s wife, Elizabeth. However, by the time the 1880 census was taken on June 21, 1880, Abijah was recorded as a widower. He continued to reside in District 476 of Rockdale County, Georgia, with his daughters Mary, Frances, and Louisa, and his grandchildren Emma, Fletcher, and Mattie. At 75 years old, Abijah still worked as a farmer. Mary, aged 48, managed the household. Fletcher, aged 14, worked as a farm hand and attended school, as did Mattie, also aged 14.
Two black males were enumerated as boarders in the household: Jacob Clay, aged 30, a farm hand who had attended school within the census year but was unable to write, and Wesley Hendrix, aged 22, a farm hand who was unable to read or write.
In 1880, Abijah’s farm included 20 acres of improved tilled land and 15 acres of unimproved woodland, valued at $900. His farming equipment was worth $40, and his livestock was valued at $60. Additionally, he had 400 acres of mown grasslands. The tax digest noted that in 1879, Abijah’s farm produced 20 pounds of cheese from one milch cow, 20 dozen eggs from 16 chickens, 50 bushels of Indian corn from 7 acres, and 6 bales of cotton from 18 acres.
On February 23, 1886, Abijah sold approximately 25 acres in Rockdale County to Joseph H. Almand for $389. The parcel of land was located in the 16th District, originally part of Henry County, then Newton County, and now Rockdale County. It was part of lot 300, specifically the southwest corner. The boundaries of the land were described as starting at a Chestnut post at the southwest corner, running east to a pine knot corner, then north to a rock corner on the land running from [unreadable] to Conyers, then west along the road to the Chestnut Corner stake, and finally south along the road back to the starting point.
On June 10, 1887, Abijah wrote and signed his will in Rockdale County. He directed his Executor to promptly settle all outstanding debts and liabilities upon his death. He bequeathed 76.25 acres of land, along with livestock, farming tools, and household furniture, to his three unmarried daughters—Mary, Fannie, and Louisa—and his granddaughter, Emma. This property was to be maintained as a home until the last of them either married or passed away. Should any daughter or granddaughter marry or die, their interest in the property would cease and transfer to their respective children. Once all had left the home, the property was to be sold, with the proceeds divided among the heirs.
Additionally, Abijah instructed that all other lands be sold by the Executor to pay off any remaining debts, with any surplus funds distributed equally among the heirs. The proceeds from the current crops were to be used to settle debts incurred from running the farm, with any remaining balance given to the three daughters and granddaughter. Arnold Whitaker was appointed as the Executor to oversee these directives.
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Abijah Overton’s will (pages 1 and 2) |
Abijah passed away of unknown causes on June 14, 1887, in Conyers. The
Conyers Weekly published an obituary on June 15, 1887. Unfortunately, the left side was partially cut off, making it difficult to read two items:
Mr. Obijah [sic] Overton, an old and honored citizen of this county, died at his home yesterday morning at ?:30 o’clock. He was 83 years old ???king 15 days. He never connected himself with any church, but was a strong and faithful believer of the doctrines of the Primitive Baptist church. He will be buried at the Daniel cemetery in this county this evening. Elder Isaac Hamby will conduct the funeral services.
Abijah was buried the day following his death, but his funeral was held on August 8. While many sources online suggest that Abijah was buried at Sheffield Cemetery in Conyers, his obituary disputes this. On July 13, the
Conyers Weekly published the following:
At the close of services Sunday, Elder Isaac Hamby announced that he would preach the funeral of Mr. Obijah Overton, D.V., on the second Sunday in August.
At the time of his death, Abijah’s real and personal estate was valued at $2,000.
Abijah’s will was probated in Rockdale County on June 18, 1887. Witnesses S. H. Anderson and E. G. Burnett of Rockdale County attested that they were present when Abijah signed the will. E. G. Burnett, whose full name was Edward George Burnett, was the brother-in-law of Abijah’s daughter Virginia, who was married to Samuel Pride Burnett.
Five men were appointed to appraise Abijah’s estate: S. H. Anderson, W. G. Sterling, W. J. Gee, T. R. Rice, and J. H. Smith Sr.
The following bill of sale, dated November 6, 1887, shows that on November 1, Arnold Whitaker, the executor of Abijah’s will, sold 79 acres of Abijah’s land in Rockdale County to T. K. Rice for $907, 72 acres of land to Fletcher Overton for $420, and one mule to Fletcher for $40.75, totaling $1,367.75.
On November 1, 1887, lot 365, containing 72 acres of land in Conyers, was sold to Augustus C. McCalla, the highest bidder, for $420 at the Rockdale County Courthouse. Lot 365 was located in the 16th District, originally part of Henry County, then Newton County, and now Rockdale County, specifically in the southeast corner of the lot. It was bounded on the south by Abijah’s home place, on the west by J. R. and A. C. Rice, on the north by A. C. Rice, and on the east by W. J. Gee and W. Z. Sterling.
Abijah’s estate papers dated November 5, 1887, reveal several interesting items found within the vouchers.
Voucher 1 indicated that A. Almand received $420.08 from the estate in full payment for five notes, each valued at $77.87, dated February 23, 1885, and due on October 1, 1886. Additionally, there was an endorsement on the back of one of the notes for $51.50. The voucher was signed by Langford & Tucker, confirming the receipt of the payment. Langford, Tucker & Company in Conyers sold general merchandise such as clothing, shoes, hats, house wares, carpenter tools, harnesses, and a full line of groceries. In addition, they kept a stock of buggies and wagons, and undertaker goods. They also performed blacksmith, carriage, and plantation work.
Voucher 2 shows that on the day Abijah passed away, someone purchased one suit of clothes and one pair of shoes from the J. H. Almand Company in Conyers at the cost of $15.75 for his burial. The J. H. Almand Company of Conyers sold dry goods, notions, groceries, shoes, hats, seasonal goods, and farming stock.
Voucher 3 is a list of items purchased by Abijah from Dr. J. A. Stewart for the period 1881–1886. The items include Tutt’s Pills, which were used for various ailments such as liver disease, indigestion, and constipation; bitters and rheumatic bitters, which were used for rheumatism; pomade cologne; snuff; camphor; liniment; tincture of iron; chloric earth, a type of bleaching powder or similar compound used for disinfecting and bleaching purposes; strychnine; iodine salve; black drops and salve; morphine; and other miscellaneous medicines. These items were for the care of himself, his daughters Frances (Fannie) and Mary, and his granddaughter Emma.
Voucher 4 reveals that on February 26, 1886, a promissory note and mortgage agreement were created. The signer promised to pay J. H. Almand (or the bearer of the note) $125 on October 1, 1886, with an agreement to pay 8 percent interest on the principal amount and 10 percent attorney fees on both the principal and interest if the debt needed to be collected through legal action. To secure this payment, the signer mortgaged a black horse mule named Mike, said to be four years old, to J. H. Almand, his heirs, and assigns. The note also mentioned a credit of $25.78 dated September 24, 1886. On October 1, 1887, J. G. Almand acknowledged receiving $107 from the estate, as full payment for the note and mortgage.
Voucher 5 indicates that M. Wood, likely a Justice of the Peace (J.C.), received $9.36 from the estate. This amount was paid in full for the state and county taxes owed for the year 1887.
Voucher 6 indicates that on November 6, 1887, O. Seamans, Ordinary (a judicial officer responsible for probate matters), received $14.30 from the estate to pay in full for all Ordinary expenses up to that date.
Voucher 7 reveals additional medicines purchased in 1887 from Dr. Stewart for Abijah, Louisa, and Emma. The voucher totalled $89.75.
Voucher 8 indicates that on November 5, 1887, T. D. Shelley, the County Surveyor, received $8 from the estate in full payment for surveying services.
Voucher 9 indicates that H. M. Austin received $2 from the estate for services rendered as a salesman.
Voucher 10 indicates that on November 3, 1887, M. D. Previn received $11.28 for advertising land of the estate for sale in the newspaper Solid South.
Voucher 11 indicates that on June 14, 1887, J. W. Langford provided a coffin for Abijah’s burial at the cost of $15. Langford did not receive payment for the coffin until November 5, 1887.
Voucher 12 indicates that Richardson and Cowan, a millinery store in Conyers, received $26.75 in payment for various sewing supplies, including ribbons, buttons, hats, trimmings, handkerchiefs, hairpins, chalk, lace, gloves, corsets, and fans, which were purchased on Abijah’s account from 1884 to 1886. Interestingly, the store also sold eggs and butter, which were purchased as well. The establishment received payment on November 8, 1887.
Vouchers 13–19 reflect payments to Abijah’s children in the amount of $12.05 each. Interestingly, John did not receive this payment.
Voucher 20 indicates that on November 22, 1887, the estate paid Abijah’s grandson, Fletcher Overton, $35.92 for labor related to making and gathering a crop.
Voucher 22 documents a payment of $10.35 to W. G. Almand for the purchase of wagon and plow parts, as well as tools, by Abijah. These purchases were made between February and September 1887.
Voucher 23 indicates that on December 9, 1887, the estate paid L. J. Almand of J. H. Almand and Sons a total of $203.02. This payment covered a variety of items, including snuff, tobacco, salt, soda, starch, buttons, sugar, meat, shot powder, assorted materials such as cashmere and calico, flour, coffee, hoes, nails, candles, a parasol, lace, thread, seeds, corn, a bridle, butter, a tablecloth, towels, crackers, and lard. Additionally, the payment included compensation for Dennis Baker for his labor in hoeing.
Voucher 24 records a payment of $77.75 made by Abijah’s estate on November 16, 1887, to H. P. and D. M. Almand and Company. It represents the full settlement of a mortgage note that was originally created on February 17, 1887. The mortgage was secured by 75 acres of land described in the mortgage document. The note was due on October 1, 1887, and the payment was processed by J. C. Stephenson on behalf of H. P. & D. M. Almand and Co.
Voucher 25 documents a payment of $114.80 made by the estate on September 17, 1887, to H. P. and D. M. Almand and Company. This payment covered a wide range of items, including nails, snuff, tobacco, clothes, flour, shoes, syrup, sugar, polish, thread, soda, coffee, corn, buttons, potatoes, seed, oil, cotton, pepper, bran, soap, a hat, crackers, meat, rice, and gingham.
Voucher 27 documents a payment of $5.64 made to Jim Jones by the estate on December 13, 1887, for services he provided to Abijah, likely related to farm or tool maintenance. The voucher lists various tasks, including sharpening axes and plows, and making and repairing items such as mold boards and scooters. It also included specific dates and quantities for each service.
Voucher 29 is an account or bill from Hudson Brothers, dated August 15, 1887, detailing items purchased by Abijah. The items listed include a pair of shoes, 12 pounds of sugar, 3 pounds of coffee, 50 pounds of flour, 48 pounds of meat, and 2 units of an unknown object (unreadable). The total cost for these items was $12.20. E. Hudson, a member of the Hudson Brothers firm, swore before a notary public, J. Coleman, on December 15, 1887, that the account was correct and unpaid. The document also included a receipt indicating that Arnold Whitaker, the executor of Abijah’s estate, paid the amount in full on the same day.
Voucher 30 indicates that Fletcher Overton received an $8 payment from the estate for his labor. Additionally, Voucher 31 shows that Fletcher was paid $4.20 for picking cotton. Both payments were made on December 15, 1887.
Voucher 33 documents a payment of $97.86 made to Arnold Whitaker on December 15, 1887 for services rendered by Whitaker in his role as executor.
The first annual return of Abijah’s estate, filed by Arnold Whitaker on September 11, 1888, revealed that the estate had received $2,006.88. This amount was generated from the sale of 20 bales of cotton, 45.5 bushels of cotton seed, remnants of cotton, the sale of land, and one mule.
In January 1889, Arnold Whitaker petitioned the courts to be discharged from his duties as executor of Abijah’s will.
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The Rockdale Banner, Conyers, Georgia, January 29, 1889 |
On April 30, 1889, Whitaker submitted the second annual return and final settlement for the estate. The report detailed the amounts received and paid out since the last return. With the amount reported in the first annual return brought forward ($2,006.88), the estate received an additional $231 from the sale of land, bringing the total credits to $2,237.88. Payments were made to various individuals (some of them Abijah’s heirs), including his sons John, William, and James; daughters Louisa, Frances, Virginia, Elizabeth, and Mary; A. M. Helms, W. H. Lee, A. Seamans, and M. L. Wood. Additionally, $238.37 was spent on cultivating and gathering crops. Arnold Whitaker affirmed that this return and final settlement were accurate to the best of his knowledge.
Voucher 35 revealed that on June 30, 1889, in Conyers, Georgia, the estate received $13.80. This money was meant for J. M. Overton, one of Abijah’s sons and heir. However, because John owed money to J. A. Stewart, the court ordered that this amount be paid to settle that debt. As a result, the debt obligation was released on January 30, 1889.
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Voucher 35 for son John M. Overton |
Vouchers 36–41 indicates that Abijah’s children each received $24.15 from the estate representing the full share of their father’s estate. By accepting this payment, they acknowledged that they had received their entire inheritance and had no further claims or demands against Whitaker as the executor of the estate. This final settlement resolved any outstanding issues related to their inheritance.
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Voucher 36 for daughter Mary Jane Overton |
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Voucher 37 for daughter Louisa E. Overton |
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Voucher 38 for daughter Frances A. Overton Scott |
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Voucher 39 for son William M. Overton |
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Voucher 40 for daughter Millicent Virginia Overton Burnett |
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Voucher 41 for daughter Elizabeth B. Overton Woolley |
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Voucher 46 for son James M. Overton |
Voucher 42 indicates that Dr. W. H. Lee & Son received $55 from the estate as full payment for goods or services provided. The transaction was originally charged on January 18 and had since been transferred to Mr. Scott. The original voucher would contain more details for this debt. This document, dated January 29, 1887, served as a receipt confirming the settlement of the account.
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Voucher 42 for Dr. W. H. Lee & Son |
Voucher 43 indicates that $35.53 was received of Arnold Whitaker, the executor of Abijah’s estate, as full payment for all Ordinary expenses up to that date. This amount included the fee for the letter of dismission (a document formally releasing the executor from their duties) and fees for advertising. The voucher was signed by R. Seamans, Ordinary (a judicial officer responsible for probate matters).
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Voucher 43 for R. Seamans |
Voucher 44 indicates that M. L. Wood, likely a Justice of the Peace (J.C.), received $1.96 from the estate. This amount was paid in full for the taxes owed for the year 1888. The document served as a receipt confirming that the tax payment has been settled.
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Voucher 44 for M. L. Wood, Justice of the Peace |
Voucher 45 reveals that on March 15, 1884, Abijah’s son John issued a promissory note, promising to pay his father (or the bearer of the note) $17.25 by December 25 of the same year, with interest accruing from the date of the note. Later, on January 30, 1889, John paid $10.45, which was accepted as full payment for the note. This receipt confirmed that the debt was settled in full, and no further payment was required.
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Voucher 45 for payment of John Overton’s promissory note |
On May 6, 1889, the courts confirmed that Arnold Whitaker had indeed fulfilled his duties as executor and discharged him from his obligations. Although Whitaker was released from his executorship obligations in 1889, he continued to support the estate well into 1902. As evidenced in the Rockdale County Filing Docket, he filed a deed on November 22, 1902.
On June 6, 1918, Fletcher Overton, who declared he was next of kin, filed a request in Rockdale County to be appointed administrator of a will annexed for Abijah’s estate. Although Arnold Whitaker had been dismissed as executor in May 1889, Abijah’s estate remained ongoing. The purpose of the will annexed was to pay debts and legal expenses of the estate and distribute the remaining assets among the heirs. Fletcher determined it was necessary to sell the lands to cover these expenses.
The estate consisted of 76.25 acres of land (part of lot 366) in the 16th District of Rockdale County. It was bounded on the north by lands of C. C. Burnett, on the east by lands of W. S. Almand, on the south by lands of Kate M. Hardwick, and on the west by lands of S. L. Dennard and Farris Jones. C. C. Burnett was Captain Charles Burnett, son of Edward George Burnett and nephew by marriage of Virginia Overton Burnett.
When Fletcher submitted the request, he stated the probable value of Abijah’s real property at the time of his death was $1,000 (vs. $2,000 as previously mentioned). The request was granted by the courts on July 1. On July 10, Fletcher applied for the appointment of five good and discreet persons who were disinterested and freeholders of Rockdale County to appraise the estate. The request was approved on August 3, 1918, and L. T. Roberts, Farris Jones, M. M. Almand, R. P. Biggers, and S. L. Dennard were appointed as appraisers.
On August 2, 1920, Fletcher submitted a petition to the courts to demonstrate that he had fulfilled his obligations as administrator of Abijah’s estate and requested to be released from his duties. He confirmed that all debts had been paid and the remaining residue had been turned over to the heirs. His petition was approved on September 6, 1920.
References
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