From the records of the Cherokee County Probate Court, it appears that John Petree had no will. According to the records listed below, his heirs petitioned the court to allow them to distribute his estate among themselves. The names of his heirs are listed several times in the court documents below.
They include the following:
Susan E. Finn and Lawson H. Petree, children of John Petree by his first wife, Amanda Martin Petree;
Nancy Edwards Petree, wife of William T. Petree, Julie Ann Rogers and John Cleveland Petree, children of William T. Petree (eldest son of John and Mary Smith Petree, also called Wilburn);
Julia Anne Braselton, Francis Caroline Tripp, Charles Harrison Petree, Mary Jane Edwards, Anna Clementine Braselton, Russel Reyno Petree, Henry King Petree, and Elbert Twiggs Petree, all sons and daughters of John and Mary Smith Petree.
Two other daughters, Sarah Florence Petree and Georgia Ann Albertine Petree preceded their parents in death.
The following transcription is made from photocopies of the original documents.
Cherokee County Probate Court Records - Book D, pages 367-369
Minutes of Cherokee Court of Ordinary October Term 1885
Documents located in the Probate Court Office in the Judicial Center in Canton, Georgia.
State of Georgia, Cherokee County
To the Honorable Court of Ordinary in and for Said county
The petition of Susan E. Finn, Lawson H. Petree, Julia A. Braselton, Francis C. Tripp, Mary J. Edwards, Charles H. Petree, Russel R. Petree, Anne C. Braselton, Henry K. Petree, and Elbert T. Petree, heirs at law of John Petree deceased, and Nancy E. Petree the widow of Wm T. Petree, and John C. Petree and Julia A. Rogers heirs of William T. Petree deceased who was the son of the said John Petree deceased, Respectfully showeth that they are all over the age of twenty one years, and they are all heirs and legatees of and to the estate of John Petree deceased, and that petitioners are and do compose all the heirs of the said John Petree deceased, and that as such heirs they desire to make distribution of the estate of the said John Petree deceased without any one being made Administrator on said estate, that petitioners have agreed on a division of all the personal and real property of said estate. And petitioners pray the granting of such order that may protect them in so doing. And that they now desire to make Said division under the Order from Said Court. And that they the said petitioners desire to make a full return to said court of their action and that the same may be made a matter of Record in said Office of the said Court of Ordinary in the Said county and your petitioners will ever pray it.
State of Georgia, Cherokee County, October 5, 1885
To the Honorable Court of Ordinary of Cherokee County Georgia, Greeting. This agreement is to certify that we the undersigned heirs of John Petree deceased to whit Lawson H. Petree, Susan E. Finn, William T. Petree deceased whose heir are Nancy E. Petree, John C. Petree, and Julia A. Rogers, and Julia A. Braselton, Frances C. Tripp, Charles H. Petree, Mary J. Edwards, Annah C. Braselton, Russel R. Petree, Henry K. Petree and Elbert T. Petree heirs of the estate of John Petree late of Cherokee County Ga. but now deceased agree to divide said estate agreeable among ourselves and further to satisfy all creditors against said estate and that said estate may be sustained by legal process of Law. We pray that the order by your Honor be issued at this October Term of your Court. And further we agree to vest Lawson H. Petree with authority to transact business for said heirs and Legatees, such as settling of debts, receiving of money, and attend to any all business pertaining to Said Estate, To effect and ..(?) said division and provisions as designated in this agreement as the law provides in such cases. Witness our hands and Seals.Signed
State of Georgia, Cherokee County
Cherokee Court of Ordinary
October Term 1885
Susan E. Finn, Lawson H. Petree, Julia A. Braselton, Frances C. Tripp, Mary J. Edwards, Charles H. Petree, Russel R. Petree, Annie C. Braselton, Henry K. Petree, and Elbert T. Petree the sons and daughters of John Petree deceased, and Nancy E. Petree the wife of William T. Petree deceased, and John C. Petree and Julia A. Rogers the grand children of John Petree deceased, and the son and daughter of William T. Petree deceased who was the soon of the said John Petree deceased, having made application to this court for an order allowing petitioners as heirs and legatees to the estate of John Petree deceased to make a division of said estate among themselves as said heirs. It is therefore ordered that they the said heirs and legatees to said estate of John Petree deceased have leave to distribute said estate amongst petitioners, they composing and being all the heirs of John Petree deceased, and it being shown that they are all over the age of twenty one years, and that they the said heirs as petitioners be allowed to make a full statement and return of their actings and doings as prayed for to this court to be made a matter of record. And that Lawson H. Petree the person nominated by petitioners act as general agent in the collection of all debts due to said estate, and in paying off all thedebts against said estate, and to do any and all things necessary to be done in the ..(?) that he the said Lawson H. Petree has been nominated to do by said petitioners as heirs of John Petree deceased.
signed... O.W. Putnam, ordinary