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Page 2

RCD was named executor of his mother’s will (Jane
Ewing Daniel) – she died in 1847. (see WILLS)  In her
will, besides specific bequests, she left ¼ of her estate to RCD, ¼ to RCD as trustee for her grandchildren –
5 children of her deceased daughter, Elizabeth Ann
Daniel McJunkin.  In Annual Returns 1871-1873 and in
E&A, there is a settlement from RCD’s estate to estate of Robert McJunkin, Mary J McJunkin, as decreed in
Taliaferro County court.  Also payments to Samuel Daniel and administrator of Butler.  
QUESTIONS:  
What was the case in Taliaferro County?  Did it concern a discrepancy in fulfilling Jane E. Daniel’s will?  

Following RCD’s death, there was an inventory and appraisement of his household, farm, and other goods
May 6, 1864. Among his livestock were horses, mules, cows with calves, geese, goats, sheep, oxen.  There
were many household furnishings, kitchen utensils/appliances, farm equipment, harvested plant materials
(oats, corn, cotton, etc), bacon, et al.  There were two estate sales of RCD’s belongings:  January 3, 4, 5,
1866, and a second sale December 8, 1868.  Along with many other people, each child made some purchases
except Benjamin did not make any at the first sale (he was only 15 at the time) and William had died before
the second sale and there were no purchases by William’s estate at second sale.
[AR, Q-T; E&A, D, 63-120]  Some
of their purchases are listed with each child’s own information on this website.

On March 22, 1873, William’s widow, Letitia, petitioned the court that, as guardian of William’s minor heirs,
she was entitled to one share of RCD’s estate and that ample time had elapsed for administration of that
estate to be complete.   Note that RCD’s land had been divided and supposedly purchased by his children in
January 1870, but payment for the land or any of the purchases at the two estate sales had not been made
by any of RCD’s children.  Letitia’s case was continued and continued and…
[Minutes 1870-1874, page 254].   On
August 17, 1874, minutes of the court show
“a settlement was made with an agreement that if the terms
should not be complied with before the December term of this Court, then the court to make said
settlement its judgment and enforce the same”
.  [Probate Court, Minutes 1874-1878, pg 30]

On October 23, 1875, the auditor of the estate reported that whenever an heir pays the amount due with
interest for land, the administrators were to issue a deed to the land of the estate that the heir had
purchased at the administrators sale and should a deed for any cause not be made, then payment shall
operate as an administrators deed.
 [E&A, D, pg 63-120]  At the November 1875 term of Court of Ordinary,
William H Branch, administrator of WTD’s estate, established that WTD’s estate had acquired title to 350
[actually 386] acres from the estate of his deceased father, Robert C. Daniel, including the house of his
father.  Mr. Branch sought orders to sell the property in order to pay debts of WTD’s estate.  The petition
was granted.  
[Probate, Minutes 1874-1878, pg 162]   That part of the land from RCD’s estate (386 acres with RCD’s
home place) was sold at public outcry to Francis L Upson December 21, 1880.  This land was later
purchased after Francis L Upson’s death by Ida Pope
Binns Daniel, John Jonathan Daniel’s second wife.  
(see
DEEDS)

RCD was given land by his father, had land grants, and bought and sold many properties.  Following his
death, there was an inventory and appraisement of his land on December 6, 1870, that showed 3,639 acres
of land valued at $5 per acre = $18,195.00.  My own speculation is perhaps because of Benjamin’s being a
minor, the land had not been settled until January 3, 1870, though Benjamin was only 19 at that time.  
March 13, 1875, John had subpoenas issued to RCD’s other 5 children to appear before the Superior Court
on the third Monday of April regarding settlement of RCD’s estate.  With small exception, the land was
divided/purchased by those 5 children – John did not purchase land, perhaps because he had declared
bankruptcy April 2, 1868.  However, they did not pay for the land at that time (nor had RCD’s children paid
for any of their purchases during the 2 estate sales), so titles to the land were not transferred at that time
and remained part of the estate.  

There is some confusion regarding the sale of land.  In the E&A,
Book D, pages 63-120, this land was
divided and sold to 5 of the 6 children on January 3, 1870, though none of the land was paid for at that
time.  This year would seem to be affirmed by the listing of interest accrued for each land purchase as 4
years 7 months until December 1, 1874.  In the final decree of the court October 23, 1875, deeds were to be
written when payment was made by each heir.  However, in the 3 actual deeds I found that transferred land
directly to the heir, one for James C. Daniel and one for Benjamin F. Daniel read that the property they
bought was by public outcry on the Court House door January 3, 1871, and one for Mary A. Peek was also
by public outcry before the Court House door January 4, 1876.  There were two heirs (William T. Daniel
's  
estate and Ella C. Bryan) for whom I could not find an actual deed transferring land from RCD estate to
them directly.  I assume their prior purchases were paid following the judge’s decree October 23, 1875, and
their payments operated as an
“Administrators deed” per decree.  As noted before, the estate of William T
Daniel established they had acquired title to their land purchase at the November 1875 term of court.  Ella
C Bryan, in the deed to Samuel Lumpkin, states her title to the land she purchased appears in the Equity &
Appeals, Book D.  It was through the subsequent sales of the land by these two that showed they had,
indeed, purchased land from RCD’s estate and
gave the amount of acreage.    

Note that in the inventory of land, it is said there were 3,639 acres, more or less.  The deeds I found in
Oglethorpe County for each child add up to 2,577 acres:  John – 0 acres; William’s estate – 386 acres and
the house; Mary – 115 acres; James C. – 606 acres; Ella – 850 acres; Benjamin – 620 acres.  This leaves 62
acres unaccounted.  However, acreage is not specific (Ella’s turned out to be 809 acres).  It is also possible
RCD still owned land in other counties at the time of his death. I did find online a
deed in Taliaferro County
in which RCD purchased 308 acres in 1857 from his father’s estate.  I have not yet found to whom that
property was later sold.

It seems the estate of Robert C Daniel was finally settled with the October 1875 term of court.  
[E&A Book D, pg
63-120]

Much of what I discovered of their lives is gleaned from the estate data following their deaths found in
records in Oglethorpe County Probate Court – Annual Returns, Books Q-T, Letters of Administration 1865-
1901, Bond Book M; and records in Office of Clerk of Superior Court – Plat Books 1 & 2, and various deed
books for what happened to his land following their deaths  (see DEEDS).  Data also found in Equity &
Appeals Book D, pages 63-120 online through familysearch.
org.  Entries in this book begin with John J
Daniel’s attempt to settle the RCD estate and includes most, if not all, the documents found in the Annual
Return books listed above and more:  inventory & appraisements
[AR Q-35-42], 2 estate sales, land purchases
(though there are differences of dates in actual deeds), income and expenses for running the estate after
RCD’s death until settlement including expenses for the minor child, Benjamin (clothes, shoes, boots,
toothbrush, tuition, books, copy book, lamp chimney, box collars, medical/dental/medicines, linen
toweling, buttons, etc).  Among items paid from RCD’s estate were various taxes:  income tax, state &
county tax, ad valorem tax, Soldier’s tax, cattle tax, special tax.  References listed for each event or
transaction. Feel free to contact me if a reference was omitted.  (see
RCD-ESTATE)

I welcome questions, corrections, additions or comments.  
Contact.

ABBREVIATIONS

RCD = Robert Cunningham Daniel
EGMD = Emily G.
Milner Daniel
JJD = John Jonathan Daniel
WTD = William Thomas Daniel
MADP = Mary Antoinette
Daniel Peek
FGCP = Felix G C Peek
JCD = James Cicero Daniel
ECDB = Emily Campbell
Daniel Bryan
BFD = Benjamin Franklin Daniel

E&A = Oglethorpe County, Equity & Appeals, Book D, Pages 63-120 (RCD’s estate)
AR = Oglethorpe County, Annual Returns, Books Q, R, S, & T

Robert Cunningham Daniel and Emily G. Milner