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Hughes & Wife
vs
R. M. Hobdy et al, 1868

Source:  TSL&A Microfilm #27
Sumner County Chancery Court Minutes
Mar 1867 - Mar 1875

Transcribed by Jan J. Barnes
© 2002

March Term, 1868
Page 307

Hughes and wife vs. Hobdy
This cause was this day heard before Chancellor Shackleford when it appeared to the Court, et al the Complainants have made

Page 308

their debt by a purchase of the defendants real estate and the case is settled as to that branch of the case, therefore the Court orders and decrees that the defendant pay the costs of the cause that have accrued to the date.
The cause will be retained to appoint a trustee and to purchase a home for Mrs. Hughes.  The C & M will report a suitable trustee by the next term of the Court.

March Term, 1868
Page 439

This cause this day heard upon the report of the C & M which is as follows, "In this cause I would report that M. J. Lucas is a suitable person to be made trustee for Mrs. Hughes wife of George Hughes.
Respectfully submitted
J. R. Barry C & M

which be unexcepted to is in all things confirmed by the Court & the said M. J. Lucas is hereby appointed trustee of Mrs. Hughes, he will give bond & security in double the amount of the trust find to the C & M before recovering said fund

Page 440

and there the same will be paid over to him to be used under the orders of this Court.

March Term 1869
Page 481

In this cause the Court orders & decrees that the decretal order for the Trustee invest the fund in a house for Mrs. T. Hughes is renewed.  The Trustee will pay the Solicitor J. J. Turner his fee out of the funds.

April Term, 1871
Page 496

Hughes and wife vs. R. M. Hobdy et als  Order for C and M to invest fund in a home for Mrs. Hughes
This cause was this day heard upon the proof in the cause, and the report of the C and M, the Court is pleased to order and decree that the C and M shall buy a home for the Complt. Mrs. Hughes with the means belonging to her - whenever a place is purchased by the C and M for the said Mrs. Hughes the Trustee M. J. Lucus is ordered to pay the funds in his hands over to the C and M to be applied by him as above directed.

September Term, 1871
Page 577
This cause was this day heard before Chancellor Smith, when it appeared to the Court that M. J. Lucas Trustee has failed to pay in the funds in this cause, so as to invest the same in a place for the Complainants, and that he received from J. R. Barry C and M April 14th 1868 the sum of $750.00, and that he gave J. J. Turner as his security on his bond as trustee.  It is therefore ordered and decreed by the Court, that J. R. Barry C and M for the use of the Complainants recover of M. J. Lucus trustee, and J. J. Turner his security the sum of ($907.50) nine hundred and seven 50/100 dollars, the amount received by him of J. R. Barry C and M for which fi fa may issue.  The C and M will settle with said Lucus trustee, and give him credit for any legal disbursements made by him, and for his services.  The decree for the C and M to purchase a home for the Complainants is revived.

June Term, 1874
Page 381

Hughes & Wife vs. R. M. Hobdy et als   Decree confirming C and M Report etc.
This cause was this day heard before Chancellor Smith upon the proof in the cause, and the report of the Clerk and Master, which is as follows:
"Pursuant to an order of reference made in this cause, I would respectfully report that I have proceeded to take and state the account ordered and beg leave to submit the following Amounts paid over to M. J. Lucas Trustee etc.

To cash paid M. J. Lucas, April 16th 1868   400.00
To cash paid M. J. Lucas April 24th 1868   350.00
Total amount of principal   750.00
Interest on the same for one year to April 20th 1869     45.00
Total amount due April 20th 1869   795.00
Interest on same to April 20th, 1870 one year     47.70
Total amount due April 20th 1870   842.70
Interest on the same for one year to April 20th 1871     50.56
Total amount due April 20th 1871   893.26
Interest on the same for one year to April 20th 1872     53.59
Amount due April 20th 1872   946.85
Interest on the same for one year, to April 20th 1873                           56.81
Total amount due April 20th 1873 1003.66
Interest on the same for one year    60.18
Total amount chargeable to him 1063.84

I would further report from the depositions of M. J. Lucas and G. W. Hughes, and the Exhibits to the same that the Trustee M. J. Lucas has furnished to Mrs. Hughes and children, goods, groceries etc. to the amount of $68.31, as for "Exhibit B" in Lucas' deposition, I would further report that the Trustee has also furnished her with a home - House, lot, garden and firewood during the various years of his Trusteeship, amounting in all to $351.20 besides the amount furnished her in the year 1874.  But I do not alter the same and am of the opinion that all that the said Trustee could be justly allowed would be the interest on said fund at annual rate.
All of which is respectfully submitted June 6th 1874.
J. R. Barry Clerk and Master
which being seen and understood by the Court and being unexcepted to, is in all things confirmed.  The Court is of opinion and so decrees that the Trustee has in good faith, furnished articles in good faith, as well as a house and lot, garden and firewood, the Court is pleased to order and decree that the Trustee Lucas be credited with the trust fund to the extent of the interest, and the Trustee will hold the excess of payments made by him for her as a debt against her husband and also against her provided she has any other estate that the same can be legally made from.  The order to purchase a place for her is revived.


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