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Thomas Hobdy, et al
vs.
Betsy Hobdy, et al
1856

Source:  TSL&A Microfilm # A-5162
Sumner County Probate Records (County or Chancery)
Loose Records 3444 - 3513

Transcribed by Jan J. Barnes
© 2003

Loose Record # 3462

To the Hon B. L. Ridly Chancellor etc. sitting at Gallatin Sumner County
The bill of complaint of Thoms Hobdy, John W. Barber & wife Mary C.? and W. H. Barber & wife Martha, citizens of Sumner County against Betsy C. Hobdy, John Hobdy, & Lycurgus M. , William L.,  Elvira Ann V., Francis J. W. & Catharine E. V. E. Hobdy minors and all now residents and James Martin & wife Tabitha citizens of Sumner County - your orators and oratrixes would show unto your Honor, that John Hobdy departed this life in 1852, leaving a will, which was admitted to probate by the County Court of Sumner County, a copy of which is ____ file & Exhibit  A as part of this bill.  Your Honor will see that by said will a life estate is given to his widow, in  his whole estate, in the event she should not marry, or until the youngest child arrives at age.  The complts and defts. are the legatees under the said will, the children Martha & Mary having married J. W. & W. H. Barber as shown in the caption - the Exct. named O. P. Butler was qualified and took upon himself the settlement of the estate.  Your orators have not been enabled to examine his settlement & cannot admit or entrust its correctness.  Should any thing be wrong in said settlement they will ask to have him made a defendant.  They are informed that said Exct. made his settlement & handed over the estate to the widow Betsy C. Hobdy according to the provisions of said will.  Among the property she then came into possession of was some perishable  property, the tract of land mentioned in the will and four negroes, to wit, Neilly aged about 40 years, Lewis aged about 13 years, John aged about 7 years and Lulia aged about 2 years.  There is one dead, of which they will speak hereafter.  Your orators and oratrixes would further show your Honor, that the widow has proceeded to sell a part of the property worth probably $200 and has taken up with a man by whom she has an illegitimate child & gone to the state of Missouri where they may have married.  The Negroes are left in Sumner and are now in the possession of the deft. James Martin; and they greatly fear that they will be run? off.   The premises considered, they pray that the parties mentioned in the caption be made defendants to this bill.  Let them answer - let publication be made and a guardian ad litem be appointed for the minors and in the motions an attachment issue commanding the sheriff to attach said slaves & hold them subject to the further order of the court unless replieved.   And the clerk in the issue continue to rent out the land & hire out the negroes unless replevied & hold the _____subject to the further order of the court.  And upon the final hearing of the cause by decree complt said wife Betsy C. Hobdy to account for the property consumed by her & also for said slaves and order a division of the land & negroes as provided for in said will; and if that cannot be done bond & security for the forthcoming of said property at the termination of the estate of the said Betsy C. Hobdy grant such other relief etc. so as in duty bound will ever pray.  This is the first application for an attachment in this case.
Head & Turner
Sols.  

Beyond the jurisdicton of the court she has said that the property should never benefit the remainder mess?.  The land she has left in the care of John Atchison but he is paying no rent for the same, nor is Martin paying any hire for the negroes as they are informed your orators and oratrixes would further show your Honor, that there was another slave named Fany that came into the possesion of said widow under said will and by the neglect and carelessness of said defendant Betsy C. Hobdy, was burnt to death, as they all informed and believe and she should be held responsible for her value.  She was worth near $1000, being likely and valuable your Honor will see that said tenant for life has forfetied her rght to said property she has consumed were then her interest in the same and should be held responsible therefore.  And the remainder of the property should be divided out as provided for in said will.  At least she should be required to account for said negro & the property consumed by her and give bond & security for the forthcoming of the remainder at the time said property is to be divided.

State of Tennessee  }
Sumner County        }  This day personally appeared J. W. Barber, one of the complts. in the foregoing bill & made oath that the facts stated in said bill or of complainants own knowledge are true as those stated or upon the information of others he believes to be true.
Sworn to & subscribed
before me Oct 6th 1856                            J. W. (his mark) Barber
W. H. Blackmore
Pes L. Charlton D Com.


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