TSL&A Microfilm #51
Sumner County Clerk Minutes
Transcribed by Jan Johnson Barnes
County Court Minutes, September Term, 1860
Ordered by the court the Rich'd E. Johnson and Aron S. Simpson be appointed Admsts. of all and singular the goods and chattels rights and credits that are of the Estate of Enoch Simpson dec'd and thereupon the law R. E. Johnson and A. S. Simpson together with W. S. Mundy, B. N. Fleming, W. C. Simpson, James West, Jonathan Durham and James A. Malone their security appeared in open Court and entered into and acknowledged there bond to the state of Tennessee in the penal sum of Forty Thousand dollars conditioned as the law directs and was duly qualified.
Ordered by the court that R. W. Guthrie, Robt C. Ellis, and John A. Reddick be appointed commissioners to lay off one year support to Martha J. Simpson Widow of Enoch Simpson dec'd and report to the next term of this court.
Ordered by the Court that William Parker, R. C. Ellis and L. M. Woodson be appointed commissioners to lay off and set apart to Mrs. Simpson Widow of Enoch P. Simpson dec'd one years support out of the estate of her dec'd husband and report to the next term of this court.
An inventory and account of Sales of the personal property of Enoch Simpson dec'd was this day produced in open Court by the Admrs. which is received by the Court and ordered to be recorded.
R. E. Johnson & A. S. Simpson Adms. vs Martha J. Simpson et al
In this cause on motion it is ordered that William H. Stewart be appointed Guardian Ad litem for the minor ___ Sarah Stewart and Amanda Stewart, he appearing in open court and agreeing to accept the same said Guardian ad litem will file the answer of said minors and other were represent there interest.
R. E. Johnson & A. S. Simpson adm vs. Martha J. Simpson et als
In this cause it appearing to the court that publication as to the non-resident defendants, Nancy West, and her husband W. W. West and Sarah Stewart and Amanda Stewart had been regularly made in the Examiner for the required length of time and that notice had been served upon the defendants, Amanda F. West, Sarah A. West, Emily J. West, and Jno W. West and Mary A. Johnson more than five days before the meeting of the present term of the Court, and they have failed to appear, plead, answer or ____ to compts' bill, the the same is therefore ordered to be ___ as conferred against all of said defendants and set for hearing exparte.
R. E. Johnson & A. S. Simpson Admrs. vs. Martha J. Simpson et als
In this cause a reference is made to the Clerk to take proof and report to the present Term of the Court whether it is manifestly for the interest of the parties that the slaves mentioned in the pleadings be sold for division, or whether the same can be divided without injury to the rights of the parties; and such other facts in regard to the object of the petition as may be made to appear by the proof.
R. E. Johnson & A. S. Simpson Admrs. of E. Simpson dec'd vs. Martha
J. Simpson et als
Be it remembered that the above cause came on to be heard at the present term of the Court and was on this 13th day of November 1860 before Judge Allen upon the petition answer proconfessor. Report of the clerk and the proof in the cause, and it appearing to the court that E. Simpson departed this life intestate in the County of Sumner on the 4th day of August 1860 leaving as his only heirs and distributors at law
the petitioner A. S. Simpson and the defendants that the petitioner Administrator upon the Estate of the intestate gave bond and qualified it in conformity with law, and that the intestate left at his death nineteen slaves and another has been born since his death and said slaves are not needed for the payment of debts against the intestate or for the due administration of his Estate, but they are now subject to division between his heirs, and it further appearing to the Court that it is not necessary to make sale of said slaves, in order to make division thereof, but that the same be divided so as to do full justice to all the parties in interest, it is therefore decreed by the Court that said slaves be divided so as to give the complt. A. S. Simpson one eleventh portion value thereof, one eleventh part in value to Mary Ann Johnson, one eleventh to W. C. Simpson, one eleventh to Nancy E. West, one eleventh to the children of Catharine West ____ Amanda F. Ann, Emily, J. and John W. West, one eleventh to the children of E. A. Stewart, ____ Sarah & Amanda Stewart and one eleventh part to Martha J. Simpson the widow, one eleventh part to Thos. B. Simpson, one eleventh part to Penelope Simpson, one eleventh part to M. F. Simpson and one eleventh part to Joseph R. Simpson that portion of the slaves to the widow and the four last mentioned children to be held in common and so set apart by the commissioners hereinafter mentioned that is five elevenths of the whole of said slaves; William Parker, David Chenault, James M. Whitesides, L. M. Woodson and G. B. Harris or any three of them and appointed commissioners to make said division, they will then report to the next or some subsequent term of the Court, until which time all other matters are resolved.
page 286 - Jany 14th 1860
A. S. Simpson et als vs. Martha J. Simpson et als.
In this cause a reference is made to Mr. Clerk to take proof and report what fee should be allowed W. S. Munday attorney of petitioners for obtaining decree for division of slaves. He will report to the present term of the court.