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From: Michelle Chubenko <>
Subject: Re: [APG] Georgia court case question
Date: Tue, 10 Apr 2007 00:52:10 -0400


Today's Topics:
11. Re: Georgia court case question (Paul K. Graham)

Message: 11
Date: Mon, 9 Apr 2007 22:15:33 -0500
From: "Paul K. Graham" <>
Subject: Re: [APG] Georgia court case question
To: <>


You should definitely start with the Superior Court. Up to December 8,
1841, legitimations were made by application to the Legislature. A law
signed December 8, 1841, empowered the Superior Courts alone to alter
names and legitimate individuals. A law signed March 6, 1856, empowered
both the Superior and Inferior Courts to accept petitions for
legitimation. So, try the Superior Court, then if you don't find
anything, try the Inferior Court for Ordinary Purposes (to 1856), then
go to the Ordinary Court beginning in 1856. Cross your fingers for
Gilmer County court records to be indexed.

I found a law related to what appears to be your John Tucker, if you
haven't already seen it. It is pasted below.

Paul K. Graham
Atlanta, Georgia


Acts of the General Assembly, 1840, page 31


Thank you for the guidance on the Georgia court structure and the laws
regarding legitimacy of individuals. My fifth G-GF John Tucker lived in
Gilmer County from just prior to the forced removal and returned before
1840 (as you saw) for the remainder of his life. He died in 1882, so I
have a good number of years to check for that paternity claim case. I
guess I'll be ordering film on my next FHC visit. :)

Also, thank you for posting Act of Legislature for his U.S. citizenship.
Yes, I did have it, but it is interesting to note that this act of
citizenship to the U.S. did not preclude him or his family from
subsequent rolls of the Eastern Cherokee, even though Section 3
prohibits their claims/suits. He and his family are found on U.S.
censuses and on poll tax rolls for Gilmer County, so it would seem that
his "naturalization" was indeed accepted by the community even though he
was a mixed-blood Cherokee.

And I'm with Carolyn, why did Georgia grant these Cherokee and Creek
naturalizations? What made my fifth G-GF and the others qualify for this?


Michelle Tucker Chubenko
Member, Association of Professional Genealogists
"Things don't turn up in this world until somebody turns them up."
- James A. Garfield

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