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Signature of Edward B. Walker Genealogy of Edward B. Walker
1756-1838, Duplin County, North Carolina - Sullivan, Claiborne, Hancock Counties, Tennessee

 

Calvin Ramsey's Role in Edward Walker, Jr.'s Estate Settlement


The following paper was written by Earl Adams in February 2008 and has been posted here with his consent. Earl has studied the various court records involving the fight over the estate of Edward Walker, Jr. (Ned). Earl is not researching the Walkers but was looking at the role of Calvin Ramsey in the dispute. Calvin was brother-in-law to Sarah (Crumley) Walker, Ned's second wife and widow.

Sources

James H. Walker v. Asa Brogan, Estate Dispute, 1875, case number 220. Microfilm pages 571-1020 of Hancock County, Tennessee Chancery Court (Loose Records Project), Court Case Files Vol. 1874-1877, roll B-1806.

Henry Walker v. William Walker, Inheritance, 1860. Microfilm pages 2868-3084, Hancock County, Tennessee Chancery Court (Loose Records Project), Court Case Files Vol. 1797-1860, roll B-1801.

Settlement of the Henry Walker Estate, Union County, Tennessee, 1873-1876, Asa Brogan, administrator. Summary of settlement on microfilm pages 580-599 of Hancock County, Tennessee Chancery Court (Loose Records Project), Court Case Files Vol. 1874-1877, roll B-1806.

Hancock County Chancery Court Minutes, August 1870-March 1889, roll 2355.

This site

All microfilm role numbers from the Tennessee State Library and Archives.

Introduction

The aim of this study was to understand the role that Calvin Ramsey played in the Edward Walker estate settlement. Most of the information came from the 1875 Asa Brogan v. James H. Walker case file. Much additional information can be found in the Henry Walker v. William Walker case file and Walker family files found on the Internet. Details concerning the Walker family conflicts are briefly summarized except those facts concerning Calvin Ramsey which are discussed in more detail. You should consult the original records for a more complete study of the Walker lawsuits (appr. 700 pages of microfilm; some are difficult to read).

After about 21 years of court battles over the estate of Edward Walker, the minor heirs pursued and exhausted all routes to obtain additional money from the estate. In the final court ruling involving Calvin Ramsey, the court ruled against estate of Calvin Ramsey who died 20 years previously. Calvin Ramsey's property was sold in 1881 for the sum of $205. This amount was substantially lower than the expenses of the court suits during the previous 20 years.

Details

Edward Walker, Jr. (age 64) a resident of Mulberry Valley, Hancock County, Tennessee, died intestate on 9 April 1860. He left behind ten older children by his first wife, Mahala (Tussey) Walker who died 28 December 1844 and four minor children from his second wife, Sarah "Sallie" Crumley, whom he married on 25 June 1848. The four children born in the second marriage were;

William Walker, born 15 October 1850
Edward F[ranklin] Walker, born 28 February 1852
James H[arvey] Walker, born 12 July 1853
Milton Green Walker, born 23 May 1856

The birth dates of the four minor children, and the death and marriage dates of Edward Walker were given by Sarah (Crumley) Walker in a court deposition on 20 Nov 1876. [Phillip note: The dates for Bill and Edd above fit the known evidence quite well. The dates for Jim and Green are more suspect.]

The eldest son of Edward Walker, Henry Walker, age 42, was appointed administrator of the estate on 7 May 1860. George W. Coleman [Phillip note: Edward's next door neighbor]and M.B. Overton [Phillip note: a relative, possibly uncle, of Henry's wife] provided a bond of $12,000. Henry Walker immediately began the process of settling the estate. It resulted in a series of court suits both in Hancock County and the Supreme Court in Knoxville. Details are given in Tennessee Archives Microfilm Roll No. B-1801.

Henry Walker remained active in the lawsuits until his death on 11 October 1871. He filed a settlement of the Edward Walker estate on 11 March 1871 in Hancock County Chancery Court. He reported a final estate value of $2844.80. Items included $558.11 for the sale of the slave, Tilda, to R.C. Woodson on 13 Jan 1869; $425.13 amount of a bill of sale on 2 June 1860; $1000 cash received from Henry Walker for the Edward Walker land on 6 July 1868 in the court sale of lands belonging to Calvin K. Coleman; $590 cash from the Clerk and Master from Calvin.K. Coleman land sale on 11 March 1870; $37.43 cash at death; $140 sale of corn in 1860; and $8.00 for hire of slave in 1861. After Henry's death, Asa Brogan was appointed administrator of his estate on the first Monday of November 1871 in Union County, Maynardville, Tennessee. In settling Henry Walker's estate he also tried to resolve conflicts from the Edward Walker estate. Additional lawsuits by the children of the second wife of Edward Walker continued until 1879 with final payments to the heirs in about 1882.

Following the death of Edward Walker in 1860, Calvin C. Ramsey was named guardian of the four minor age children of Edward and Sarah Walker. The children ages were 10, 8, 7 and 4. Calvin Ramsey is believed to be the brother-in-law of Edward Walker. He married Mary "Polly" Crumley (20 Apr 1829 - 1862) on 14 Oct 1846 at the home of John Crumley. William S. Thomas, a Justice of the Peace, performed the ceremony.

Henry Walker purchased shares of the Edward Walker land from the other older siblings. Apparently Calvin Ramsey and the widow did not want to sell their interest to Henry. Ramsey then requested the Hancock County Court to sell the land and a twelve-year-old slave named Tilda on the steps of the county courthouse in Sneedville. On 10 August 1861, The slave was sold to R.C. Woodson for $800 and Henry Walker bid $1,900 for the land.

Calvin Ramsey believed the land sold for less than it was worth and the Court agreed to a resale. Ramsey apparently wanted the land and submitted a bid of $2,100 but was advised to withdraw his bid to avoid a conflict of interest since he was guardian of the minor heirs. The land was sold for a second time in March 1862. A neighbor of the Walkers, Calvin K. Coleman, made the winning bid of $2,105 with a note carried two years with interest. Henry Walker did not attend the second sale. He would later state that he was not informed and he no longer wanted the land. [Phillip note:His brother Johnathan indicated that Henry was too angry to attend.] All Henry wanted was money in the form of silver or gold.

Since this was during the Civil War, the whole area was in chaos. The court system was barely functioning and within a short period of time would not be active until after the war. Money was difficult to obtain. The question of accepting Confederate money, Confederate Treasury notes or U.S. Dollars was a concern. Confederate money was the accepted currency in 1862. Members of families were split on the Union and Confederate sides. In the neighborhood of the Walkers the spit was perhaps mostly Confederates or uncommitted. Many of the sons had joined the armies and the area was plagued with roving bands of solders looking for food, supplies, and horses.

Calvin Ramsey accepted a note from Calvin K. Coleman on March 28, 1862 for $594.97 for the minor heirs as their guardian. This was the their share of the land sale. The note states as follows: "One day after date, I promise to pay C.C. Ramsey, guardian for the minor heirs of Edward Walker, dec'd five hundred and ninety four dollars and ninety seven cents for value received. Witness my hand and seal the March 28, 1862. C.K. Coleman". The remainder of the $2,105 note was made to William McNeil the Clerk and Master of Hancock County Court. Standard practice was to pay the Clerk and Master of the court who would collect the court costs and distribute the proceeds to the heirs. Time was perhaps not available to obtain security.

It is unclear what Calvin Ramsey was thinking when he took the note from Calvin Coleman. They apparently were friends and were about the same age. It appears that Coleman could borrow enough money to pay the larger note to the Clerk and Master but not enough to pay the minor heirs. Later depositions would indicate that the land would be security for the note like a mortgage. With the uncertainty of the Civil War keeping control of the land was a smart thing to do. Unfortunately Calvin Ramsey died within three weeks of collecting the note and was not available to explain the transaction during the lawsuits after the war. Phebe Ramsey, the mother of Calvin C. Ramsey, gave a deposition sometime prior to her death in 1867. She had a copy of the Coleman note to Calvin Ramsey and provided it to the court.

On 12 January 1877 Calvin Coleman made the following statement: "I bought the Edward Walker land at a Commissioner sale at the Courthouse in Sneedville my best recollection in February 1862. I wanted to pay for said land my recollection in March. I went to Ramsey the guardian and executed to him my individual note to the amount of the said receipt so I might make settlement with the Clerk and Master and pay off the remainder in money with the understanding between me and the guardian that I had a short time to give security as the law directs. But thru neglect it was not done. Shortly after the guardian died."

Calvin K. Coleman went to Elisha Bishop to borrow money to pay the notes to the Clerk and Master. He wanted Confederate money since the Clerk William McNeil did not want State Bank money. Having very little cash, Bishop sent him to W.S. Thomas to borrow money. Somehow Coleman borrowed the Confederate money and paid William McNeil. The money was never given to the heirs. Shortly afterwards McNeil became sick and died. Also the court ceased to function because of the war. There would be considerable discussions in later lawsuits about who was paid what and in what type of currency.

Perhaps some of the decisions by the court during the war were influenced by who was on the Union side and who was on the Confederate side. We know that Confederate money was the standard money of use in Hancock County in 1862. William McNeil the Clerk and Master of Hancock County Court was on the Confederate side. Henry Walker the son of Edward Walker was a strong Union supporter but lived in Union County. Several people close to the Walker homestead were Confederates. Silas Ramsey, the oldest son of Calvin C. Ramsey was involved with his Uncle James Ramsey and nephew John Ramsey in arresting Anderson Quillen during the war for Union activities. David Ramsey was captured during the war and died in 7 March 1864 in a federal prison in Rock Island, Illinois. Another neighbor, William S. Thomas, was captured and sent to a federal prison in Ohio where he died 8 Feb 1865. A son of W.S. Thomas, William Ewing Thomas, was also captured and send to Camp Douglas, Illinois. Another neighbor, Clinton Y. Rice, a grandson of Daniel and Susannah Rice, served in the Confederate Army. The William, Oliver, Clinton, and Jesse Ramsey families were pro-Union and at least two of them served in the local home guard. We have no record as to whether Calvin Ramsey favored the South or was uncommitted. The best guess would be Confederate since his son was involved with the South after his death.

Things become complicated for the minor heirs of Edward Walker as their guardian, Calvin C. Ramsey, died on 21 April 1862. This was only three weeks after receiving the note from Calvin K. Coleman for sale of the property. Both he and his wife died either the same day or very close together. One source said it was pneumonia. He died intestate and left behind eight minor children, ages 14, 13, 10, 9, 7, 5, 3, and 1 year old. Because of the war and inactivity of the court, a guardian was not named for five years and an administrator of the estate was not named until years later during the lawsuits. The young children were taken in by their uncle's family, William and Nancy (Clouse) Ramsey, who lived in the neighborhood on Back Valley Road. William Ramsey had died two and half weeks earlier on 3 April 1862. Nancy (Clouse) Ramsey had eleven children with ages 22, 21, 20, 18, 16, 15, 13, 8, 5, and 2. Nancy Ramsey with the help of the older children had to support 14 children under the age of 16 during the war. It is noted that the death date of Calvin C. Ramsey in the Walker case files is the only know record that exists.

After the war was over, the courts were reorganized. On 3 December 1866 Henry Hatfield [Phillip note: uncle to Henry Walker's second wife] was appointed guardian of the four minor children of Edward Walker. Henry Hatfield stated later that he was old and infirm and did not want to be guardian but did so reluctantly at the request of their mother. Hatfield immediately obtained the Coleman note payable to C.C. Ramsey for the minor heirs. He went to Coleman to renew the note and to gain security. Coleman said he would not and could not pay the note. Hatfield went to W.R. Evans and filed a suit against Coleman in January 1868 and obtained a judgment against Coleman in September 1868 for $812.00.

On 19 May 1868, Coleman declared bankruptcy. He had been sued by Henry Walker before Hatfield had become guardian. Henry Walker had attached all of his property in Chancery Court. His property was sold at the courthouse with Henry Walker buying his two properties. Hatfield could find nothing belonging to Coleman to get judgment against. Henry Hatfield resigned as guardian of the minor heirs in March 1869, and James Standifer was made guardian in 1871.

In summary, after Edward Walker died in 1860:

  • Henry Walker was named administrator 7 May 1860 and began settling the estate. He tried to collect the debts, sell all properties, and distribute the proceeds to the heirs. He had the land and slave sold at public sale at the courthouse. On 12 January 1869, he received $558.11 from R.C. Woodson for the sale of the slave , Tilda. He sued Calvin K. Coleman resulting in the sale of Coleman's land and Coleman filing for bankruptcy. The courts earlier had ruled that Coleman owned the Edward Walker land but had not paid for it. Henry Walker purchased it for $1,000, and Coleman's other land was sold to pay the rest of the land note. He filed the estate settlement on 11 March 1871. Henry Walker died 11 October 1871.
  • Asa Brogan was made administrator of Henry Walker's estate in November, 1871, in Union County, Tennessee. He tried to finish with the Edward Walker estate and lawsuits by paying the heirs. Final settlement of the Henry Walker estate was 22 January 1876.
  • John Gilmore Walker, age 38, was made administrator of the Edward Walker estate on 2 September 1872. Bond was set for $500. He reported to the court that the estate had no assets but for the money collected from R.C. Woodson for the sale of the slave. It amounted to $565.88 plus $2.68 from E. Overton minus $75.50 for expenses leaving a balance on hand of $495.03.
  • James Harvey Walker, age 21, one of the formerly minor heirs, filed a lawsuit against Asa Brogan, the administrator of the Henry Walker estate in 1876. His approach was to go after every possible source of money, including Calvin K. Coleman, Calvin C. Ramsey, Henry Hatfield, Asa Brogan, the accounting of prior gifts before Edward Walker died, uncollected debts, possible court accounting errors, questionable fees by administrator, etc. At one point he was directed to pay court costs in his suit against Henry Hatfield in which Henry Hatfield was found not liable. At one deposition the question of rent from the farm was brought up. Two neighbors, John Parkey and Robert Richie, testified that the Edward Walker farm in 1860 had lots of poor land and was described as a poor rough farm. They estimated the rent in 1860 would be $50 for 2/3 of the farm and $75 for all of it. The 1860 Agriculture Census tends to suggest a more productive farm.

 

On 13 March 1880 in the case of James H. Walker v. Asa Brogan, the Chancellor of the Hancock County Court, H. C. Smith, ruled on a number of issues regarding the lawsuit. One of his rulings he stated that it was his opinion that Calvin Ramsey took the land note from Calvin K. Coleman without the proper security as required by law making him liable for the note.

Over the years this question had been ruled on numerous times in the Chancery Court. This time, with a new judge of the court, the decision was reversed. H.C. Smith ruled that the Walker heirs were not protected by the statue of limitations of seven years. He ruled that the heirs could appeal to the Supreme Court in Knoxville within two months and he would agree to the appeal. Normal procedure for appeal required upfront money for a lawyer and court costs. Apparently the heirs of Calvin Ramsey did not have the money to fight the court ruling.

James Daugherty [Phillip note: Probably a relative of Henry Walker's first wife], the administrator of the Calvin Ramsey estate, was ordered by the court to give an accounting of the assets of the estate and determine if the sale of the family property was necessary. He reported back to the court that the estate had no assets to pay the claim against them. The total bill against the estate was $1,236.22 which was the original sale price of $594.97 plus interest for 1862 to 1880.

The Chancery Court ordered the Sheriff of Hancock County to sell the 75 acres of land belonging to the heirs of Calvin Ramsey on 9 August 1880. After posting notice of the sale as the law required, Calvin Ramsey's property described as 75 acres in district 8 of Hancock County adjoining the properties of the heirs of W. S. Thomas and others was sold on 17 January 1881. Josiah Ramsey, Sr., placed the highest bid of $205. J.B. Southern and John Baker provided security. Henry Tyler was the Clerk and Master of the Chancery Court. It is assumed that Si Ramsey, the son James Ramsey and first cousin of Calvin Ramsey, was the purchaser of the property.

The court also ruled that the back taxes should be paid up to the date of the sale. The heirs of Calvin Ramsey paid $2.25 for state, county, and school taxes for 1880. John Southern reported back to the court that $18.03 was paid for the years 1875-1879. This amount would be credited with the land sale.

The court later ruled that the heirs of Calvin Ramsey should give up all claim of the property to the buyer Josiah Ramsey, Sr. He was instructed pay directly to the court so that the court could deduct costs before the excess could be distributed to the heirs of Edward Walker. On 8 March 1882, Edward F[ranklin] Walker asked the Clerk and Master to hurry up and distribute the money so he could pay his lawyer and court costs.

Josiah Ramsey executed his note to Henry Tyler, Clerk and Master, on 18 March 1882. It would be another four years before he received a deed to the Ramsey property (Hancock County Deed Book K, page 74). This deed record does not describe the property except that it was adjacent to the land belonging the the heirs of W.S. Thomas and once belonged to Calvin C. Ramsey.

It is interesting to note that the land belonging to Edward Walker is never mentioned in the later lawsuits. The only mention was the collecting of money from the notes. Earlier records show that Henry Walker purchased the land from the court sale of C.K Coleman's properties for $1,000 subject to the widow dowry rights. Apparently the land remained in family with Sarah Walker retaining the dowry rights.

The $205 collected from the sale of the Calvin Ramsey property was insignificant compared with the costs of lawsuits during the previous ten years. The court files does not show the net amount received by the four minor heirs of Edward Walker.

The land belonging to Calvin C. Ramsey was located close to the Thomas Chapel Methodist Church. Court records indicate that it adjoined the land belonging to the heirs of W.S. Thomas. We know the location of the land from the following information: Daniel Rice purchased 640 acres from William Hord in 1813. It is located near where Back Valley Road intercepts Mulberry Gap Road and extending westward past Rebel Hollow Road. Daniel Rice sold the eastern 184 acres to Isham Wheelis and the western 55 acres to John Baker. After the death of Daniel Rice in 1822 the heirs sold 200 acres to Josiah Ramsey. In 1840 the heirs of Josiah Ramsey settled his land estate. David Ramsey and James Hamblen sold to Isaac Thomas 240 acres of land between Widow Wheelis and Widow Rice (Claiborne County Deed Book O, page 110). We know that Isaac Thomas was a Methodist preacher and perhaps was involved in the formation of Thomas Chapel Methodist Church. We have no proof of his involvement except for owning property in the neighborhood. William S. Thomas was his eldest son and was the owner of this property in the 1850 and 1860s. Isaac Thomas moved to Claiborne County in 1844 and W.S. Thomas died in the Civil War in 1865. Thus Calvin Ramsey's property was either part of the W.S. Thomas land or a western portion of Elizabeth Wheelis's land. It is noted that both Calvin Ramsey and W.S. Thomas were Sunday School teachers in the Thomas Chapel Methodist Church.

It was noted that in a court response on 18 March 1876 by the heirs of Calvin Ramsey, a daughter Elizabeth (Ramsey) Hopkins stated that her husband, Stephen Hopkins, had abandoned her and had left the state for over four years not to return. She requested to make her defense as an unmarried woman.

All original material © 2007-9 by Phillip A. Walker or by cited authors. Submissions are welcome. Reuse allowed under limited conditions. Page last modified Tuesday, 19-May-2009 08:57:39 MDT .