ESTATE OF MARTIN CLICK, SR

ARTICLES OF COMPROMISE AND DECREE

THE COMPROMISE AGREEMENT

Whereas MARTIN CLICK, SENR died seized and possessed of sixty eight acres of land more or less, and a quantity of personal property, and leaving the following named heirs at law and distributes, to wit: MARY MONCHIER (formerly MARY CLICK), JOHN CLICK, GEORGE CLICK, ELIZABETH CLICK who intermarried with AJAKIAH HUGHES, LEWIS CLICK, SUSANNAH CLICK who intermarried with JOHN BIRD, and MARTIN CLICK, JR.

And whereas the said MARTIN CLICK SENR. Dec’d, made in his lifetime, made advancements of property to his aforesaid children: And whereas a difficulty arose between the aforesaid heirs at law and distributes with regard to a division of the aforesaid Estate, in consquence of which the said MARY MONCHER, by her next friend WM. H. McCOY, filed her bill in the Chancery Court at Greeneville, Tennessee, against the other heirs at law and distributes for the purpose of having a fair, just and equitable division of the Estate aforesaid: and whenever the said GEORGE CLICK purchased the undivided interest of the said ELIZABETH HUGHES in said Estate.

Now therefore, we the aforesaid heirs at law and distributes of the said MARTIN CLICK, SENR., Dec’d., in order to save further costs, trouble and expenses, and to Compromise said suit which is now pending in the Court of Chancery, as aforesaid, do each and all of us agree to the following terms of compromise-that is to say-the said MARY MONCHIER, JOHN CLICK, GEORGE CLICK AND ELIZABAETH HUGHS, children by the first marriage of the said MARTIN CLICK dec’d., are to have, in addition to the advancements made to them by the said MARTIN CLICK SR, dec’d., the aforesaid sixty eight acres of land, mor or less, to their exclusive use and benefit, free from any and all claims of the said LEWIS CLICK, SUSANNAH BIRD and MARTIN CLICK JR.; and also to have the further sum of four hundred dollars due to the said Estate of the said MARTIN CLICK SR, dec’d, from the said MARTIN CLICK JR by four notes of hand, or bills single bearing date the 3rd of February 1843 to their own use and benefit and likewise free from any and all claims of the said LEWIS CLICK, SUSANNAH BIRD and MARTIN CLICK, JR.

It is also distinctly understood and agreed to, by and between all the heirs at Law and distributes aforesaid, that all of the said heirs at Law and distributes are to pay their equal proportion of any debt or debts which are now known, or may hereafter be known, to be justly and lawfully due from said estate, and that the said MARTIN CLICK JR. is to retain by his hands, out of the aforesaid four hundred dollars, whatever amount the said MARY MONCHIER, JOHN CLICK, GEORGE CLICK, and ELIZABETH HUGHS may be compelled to pay as their proportionable part of the debts due from the said Estate as aforesaid. It is also understood and agreed that the said JOHN BIRD, husband of the said SUSANNAH, is to claim and have only the half of the interest on a note due to him from said Estate, and that the balance of the said heirs at Law and distributes are to pay it to him in equal proportions. It is also further understood that the aforesaid sixty eight acres of land mor or less, and the aforesaid four hundred dollars after deducting the amount necessary for the payment of debts as aforesaid shall be equally divided, share and share alike, between the said MARY MONCHER, JOHN CLICK, GEORGE CLICK and ELIZABETH HUGHS, each one accounting at the same time for any and all advancement made to him or her by the said MARTIN CLICK SENR., dec’d in his lifetime. And it is also further understood and agreed that the said MARY MONCHIER, JOHN CLICK, GEORGE CLICK and ELIZABETH HUGHS are to pay in equal proportions all the Costs of which the said MARY MONCHIER has put upon said suit which is now pending in Chancery; and the said LEWIS CLICK, SUSANNAH BIRD AND MARTIN CLICK, JR are to pay in equal proportions, all the Costs which they have put upon said suit so pending as aforesaid.

In witness whereof we have hereunto set our hands and affixed our seals this 2nd day of FEBRUARY, 1848.

WILLIAM H. McCOY (seal) (for MARY MONCIER)

JOHN CLICK (seal)

LEWIS CLICK (seal)

GEORGE CLICK GEORGE CLICK for ELIZABETH HUSE (seal)

MARTIN CLICK, JR (seal)

MARY (X) MONCIER (seal)

JOHN BIRD

SUSANAH BIRD

Test: D. Sevier as to JOHN BIRD & SUSANNAH BIRD ON 30 Aug 1849, acknowledged before me 30 Aug 1849 – D. Sevier C&M

ARTICLES OF COMPROMISE between the Heirs & Distributees of MARTIN CLICK, dec, Filed by R. H. DAVIS Esq, 14 FEBY 1848

Note. It is understood that the note within mentioned as due to JOHN BIRD is to be paid out of the Estate of MARTIN CLICK, dec and the said BIRD is to loose one half of the interest on said Note and the other half to be equally paid by the other heirs—and it is also agreed that the said MARY MONCIER and GEORGE CLICK pay all the costs that have accrued in this cause. Since the date of the foregoing agreement—and the foregoing agreement of Feb 2, 1848 is in all things reaffirmed by us so far as is legal. (signed again by all parties mentioned above)

In the Chancery Court at Greeneville Tennessee In the case an Article of Agreement having been filed showing that the parties have compromised this suit, and it being alledged that some of them are married women and that said Articles may be binding as to some and not to others of the parties it is ordered that the Master hear proof and report at the next term, when, by whom and under what circumstances the said Articles were signed and whether the former Court executed the same freely and voluntarily –And on application of the defendants by their solicitor, it is ordered that five months be allowed all the parties in this cause to take testimony

In obedience to the foregoing interlocutory order the Master began leave to report that the parties in this cause were summoned to appear before him with their proof on this day for the purpose of enabling him to make his report in relation to the compromise entered into by the parties on 2 Feb 1848. But owing to the non-attendance of Complaintant’s witnesses, and from satisfactory reasons appearing from the affidavit of William H. McCoy, the next friend of complainant, the Master suspended further proceedings in the case until Complainant should have an opportunity of taking the necessary proof. And after the case had been disposed of, the parties after consultation agreed to reaffirm said agreement or compromise of the 2 February 1848, which was accordingly done, and the same was signed by JOHN BIRD and his wife SUSANNAH, and was acknowledged before the Master by all who had signed it heretofore, as well as by said BIRD and wife—and said agreement stands reaffirmed with this amendment, that the note mentioned in said Article of agreement or compromise, as and to JOHN BIRD, shall be paid out of the fund belonging to the ESTATE OF MARTIN CLICK dec’d- and one half of the interest on the same to be released by said Bird, and the remaining half to be paid equally by the other heirs – And also that all the costs that have accrued in this case since the date of said compromise (Feb 2, 1848) should be paid by Complainant MARY MONCIER and the defendant GEORGE CLICK (See Amendment to Original Articles of compromise, which was also signed, sealed and acknowledged before the Clerk and Master by the femes covert who acknowledged that they did the same voluntarily etc) as well as by the other parties.

The Master further begs leave to report that he is informed by GEORGE CLICK that he signed the name of ELIZABETH HUGHES to the original Article of compromise by the authority of a transfer or conveyance executed to him by said ELIZABETH HUGHES and her husband HEZEKIAH HUGHES, which he at the time had in his possession, but which he has subsequently sent to said HUGHES and wife for the purpose of having the same acknowledged by the feme covert –being unable to find any one in this county who was sufficiently acquainted with her to enable him to have the same proven, and which has not yet been returned to him. All of which is respectfully submitted. August 30 1849 D. Sevier, C & M

Amended Report

The Master begs leave to report in obedience to the order made in this court at November Term last – That since the foregoing Report was filed, to wit 7 April 1850, GEORGE CLICK one of the defendants, returned the conveyance or transfer executed to him by the defendants HEZEKIAH HUGHES and wife ELIZABETH HUGHES, mentioned in the foregoing report, with true certificate of the Clerk of the COUNTY COURT OF BLEDSOE COUNTY, endorsed showing that the said HEZEKIAH HUGHES and wife ELIZABETH had acknowledged the execution of the same, also showing that the said ELIZABETH HUGHES was examined separate and apart from her husband as the law directs – said Certificate is very inartificially drawn and not in the form laid down in the statues of the State. Yet the Master is of opinion that it is probably sufficient to show that the said ELIZABETH HUGHES executed the same freely and voluntarily without coercion,etc.

The Master therefore begs leave to report that the assent of all the femes covert in this cause to the Article of Compromise between the parties filed in this case, has been fully obtained – and said MARY MONCIER and SUSANNAH BIRD having acknowledged before the Master on the 40 of August 1849 that they signed said Articles of Compromise as well as written amendment or appendage to the same freely and voluntarily.

All which is respectfully submitted. April 5 1850 D. Sevier, C & M

DECREE, MAY 1852 (WEDNESDAY 5)

MARY MONCIER by her next friend WM. H. McCOY VS MARTIN CLICK Admr. Of MARTIN CLICK dec’d and others From the Master’s Report and the documentary evidence exhibited filed and exhibited in this case, the Chancellor is of opinion and doth declare that the Articles of Compromise filed in this case on the 14th FEBRUARY 1848 were lawfully and properly executed by all the parties thereto, either in person or by their lawfully authorized agents; that the evidence is satisfactory that the femes covert whose names are signed to said original articles together with the “noto” or additional agreement thereto appended acknowledged before the Clerk and Master on the 30th AUGUST 1849 either signed the same or authorized their signatures to be affixed freely, voluntarily and without coercion from their said husbands, and that the same should be adopted as the decree of this Court. The said Articles of Compromise are in the words and figures as following, to wit:

HERE IS REPEATED THE ARTICLES OF COMPROMISE

It is therefore ordered, adjudged and decreed that the said agreement of the parties by and the same is hereby declared to be in all respects the judgement and decree of this Court and that the parties therein named respectively recover of each other their costs as provided in said Articles of Compromise for all which let executions issue.

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