Search billions of records on Ancestry.com
   

J. C. Hunter, Admr.
vs.
Lizzie and Claud Hollis
1888

Source:  
Loose records:  #12058
TSL&A Microfilm # A5161

Transcribed by Jan J. Barnes
© 2009

J. C. Hunter Admir. et al
vs.
Lizzie & Claud Hollis

The deposition of Strother Settle, who being first duly sworn states:

Quest. 1:  What is your age & occupation & Please state whether or not you are acquainted with the lands of Willis Hunter dec'd, if so how far do you reside from the land and how many acres in the same and what is the character and quality of the land, hilly, level, cleared, wooded etc. and what kind of improvements on the same, and whether well watered or not?

Ans. 1:  I am 78 years old am a farmer, and very well acquainted with lands of Willis Hunter decd, I live about one mile from said land, I do not know the number of acres of same, there is but little timber on it, some of it hilly and some lies tolerably well, the cleared land is worn and tired with but little fresh land, Plenty of stock water, the drinking water is poor in Summer season, the improvements, houses & fences are badly out of repair, the barn is small and out of repair, the dwelling is a log house with brick chimney & badly out of repair.

Quest. 2:  Do you know the number of heirs of Willis Hunter Dec'd. if you do please state their names if you can?

Ans. 2:  I will name the heirs the best I can viz Sallie Turner, a daughter who married Jack Turner, Tobe Hunter, Duff Hunter, W. V. Hunter, Mahaly who married Richard Brooks, but who is dead, leaving as her children, Mary Keen, who married Geo. Keen, Bettie who married Billie Link, Josie who married Jimmie Kincaid, J. S. Brooks, Jim Hunter a son of Willis Hunter decd., who is now dead, leaving children viz Charles Hunter, Maggie who married Sam Hollis but now dead, leaving her children Lizzie & Claud Hollis and Henry Hunter a son of Willis Hunter decd. who I have heard is dead, leaving no heirs, Matilda a daughter of Willis Hunter who married ______ Hunter but now dead leaving one child, Jim Hunter.

Quest. 3:  State as near as you can the number of acres, in the lands left by Willis Hunter Dc'd.

Ans. 3  I think I heard Willis Hunter say there was 75 or 80 acres and knowing this land as I do I do not think there is more than that amount of acres.

Quest. 4:  If there was some $25 to $50 of debts against the estate of Willis Hunter decd. and no personal property came into the hands of the Admr. sufficient to pay off the said debts, what do you say would be most to the interest of the parties in interest to do. to Partition she land in kind or sell the land, pay the debts, and divide the proceeds among the heirs?

Ans. 4:  I think it best to sell it, and to the interest of all parties to do so.

Quest. 5:  I ask you, could the land left by Willis Hunter be divided in kind among his heirs advantageously taking into consideration the number of acres & the number of heirs - state how this is and state also whether the sale of the land is the only way to divide the said land among the heirs of said Willis Hunter.

Ans. 5:  I think knowing the land as I do, that it is manifestly to best interest of all parties to sell the land, pay the debts and divide the proceeds remaining among the heirs.

Cross Examined by I. W. Hassell Guardian ad litem for Lizzie and Claud Hollis.

Ques. 1  State whether or not taking everything into consideration, it would be to the interest of all the heirs including the minor defendants and wards, Lizzie & Claud Hollis, to sell the land, pay off the debts, and divide the remainder among the heirs.

Ans. 1  I do think it would.

Sworn to & subscribed
before me Oct. 30th 1888  Strother Settle
Harris Brown Clk.

J. P. Ashford, being next duly sworn states as follows:

Quest. 1,  Are you acquainted with Willis Hunter dec'd and are you acquainted with the lands of Willis Hunter, how long have you known the land, and about how many acres, and what character of land is the same?

Ans.  I was, I am, the lands join my land.  I have known it for fifty years, there is 70 or 80 acres, mostly cleared land, the land is poor.

Quest 2, Are you acquainted with the heirs of Willis Hunter dec'd. and are they correctly stated by Strother Settle and do you agree with him in particular after hearing his deposition read?

Ans. 2, I have heard the deposition of Strother Settle read over, and agree with him in every particular, and can & do adopt the same as my own, The heirs of Willis Hunter decd - so far as I know them are correctly stated by him.

Cross examined by I. W. Hassell Guardian ad litem for Lizzie and Claud Hollis.

Ques. 1  Do you think it best, and for the interest of Lizzie & Claud Hollis minors and heirs of the estate, to sell the property, pay off all debts, and divide the remainder among the heirs?

Ans. 1  I do.

Sworn to before me                                                                           J. P. Ashford
Oct. 30th 1888
       Harris Brown Clk.

Henry Morris next being duly sworn states as follows:

Quest 1.  Were you acquainted with Willis Hunter in his life time, did you know the land upon which he lived & died, if so about how many acres were there in the tract, and what kind of land was it, its character & quality of said land, how much cleared, how much in timber, how is the water improvements etc. state all about the land.

Ans. 1  I was acquainted with Willis Hunter and knew the land upon which he lived and died, there was 75 - 80 acres of the land, the most of it is cleared and worn, with but little fresh land and but little timber, with very indifferent water but plenty for stock, the improvements are in bad condition both houses and fences.

Quest. 2  Have you heard the questions and answers of the Strother Settle read and as to the heirs of Willis Hunter are they correct and do you agree with him fully as to the deposition of the land.

Ans. 2  I have and he is correct as far as I know, and I can and do adopt his deposition as my own and it would be impossible to divide the land in kind and would have to be sold to pay debts & for division.

Cross examination waived.

Sworn to before me
Oct. 30 1888                                                                                Henry A. Morris
Harris Brown Clk.

Joseph Settle being next duly sworn states,

Quest  Are you acquainted with the parties to this suit, and do you know the lands of Willis Hunter if so how many acres, state the character of land, quality, & number of acres and have you heard the deposition of Strother Settle read, and do you agree with him as to the number of the heirs, and their names, and state whether you are of opinion, that it would be manifestly to the interest of all the heirs - that the land be sold for division & could the land be divided in kind advantageously among the heirs, state how this is.

Ans. 1  I am, and I know the lands of Willis Hunter decd.  I think there is about 75 or 80 acres, which is poor a little hilly & mostly cleared with little timber.  I have heard the deposition of Strother Settle read over and fully concur with him as to number & names of heirs and adopt his deposition as my own.  I think it impossible to divide the land in kind but should be sold for division & paying debts.

Cross examination waived.

Sworn to & subscribed                                                            Joseph Settle
before me Oct. 30th 1888
Harris Brown Clk.

J. C. Hunter being next duly sworn states:

Quest 1, Are you a son (of) Willis Hunter, dec'd and did you administer upon his estate and have you suggested the insolvency of said estate, state how much money came into your hands as administrator and does that amount pay the debts against the estate and is it manifestly to the interest of all the parties in interest that the land of Willis Hunter should be sold for to pay debts and for division, can the lands be divided among the heirs advantageously or is it absolutely necessary to sell the same to pay debts & for division.

Ans. 1  I am.  I did, I have, I rec'd as admr. or rather sold property to the amount of $10.90 and that does not pay the debts of said estate.  I think it manifestly to the interest of all parties that said land should be sold & not divided in kind, but it is absolutely necessary to sell the land for purpose of paying debts & for division.

Cross examination waived.

                                                                                            J. C. Hunter
Sworn to and
subscribed before me
Oct. 30th 1888.
       Harris Brown, Clk.

J. C. Hunter Admr. et al
vs.
Lizzie & Claud Hollis

In this cause I report as follows, Pursuant to the order of the Court in this Cause, I have taken the depositions of Strother Settle, Josire Settle, J. P. Ashford, Henry Morris, and J. C. Hunter, Admr. of Willis Hunter decd. and from which I found that Willis Hunter died leaving little or no personal property, viz $10.90 and owned at his death 75 or 80 acres of land, poor and badly improved and out of repair.
That it is absolutely necessary to sell said land first for payment of debts & secondly for division, there being debts against said estate in excess of the personal estate and it being impossible to divide the land in kind.
I find the heirs of Willis Hunter decd. are as follows, Sallie Turner & husband Jack Turner, one share, Tobe Hunter one share, Duff Hunter, one share, W. V. Hunter, one share, Mahaly Brooks, (decd) one share & leaving children viz, Mary Keen & husband Geo. Keen, Bettie Link & husband Billie Link, Josie Kincade & husband Jimmie Kincade, & J. S. Brooks, Jim Hunter, (decd.) one share leaving children viz Charles Hunter, Maggie Hollis (decd.) leaving children viz Lizzie & Claud Hollis, J. C. Hunter one share, Matilda Hunter, one share (decd) leaving one child Jim Hunter.
Recapitulation      
Sallie Tuner  one eighth of said estate
Tobe Hunter one eighth of said estate
Duff Hunter

"

"

"

W. V. Hunter

"

"

"

Mary Keen 1/4 of

"

"

"

Bettie Link 1/4 of

"

"

"

Josie Kincade 1/4 of

"

"

"

J. S. Brooks  1/4 of

"

"

"

Charles Hunter 1/2 of

"

"

"

Lizzie Hollis 1/4 of
Claud Hollis 1/4 of
J. C. Hunter one eighth of

"

Jim Hunter

"

"

"

I find that this land must be sold and can not be advantageously divided in kind.
                                         Respectfully submitted
                                              Oct. 31st 1888
                                                                     Harris Brown Clk

In this cause it appearing to the court that the Defts. Lizzie and Claud Hollis are minors without regular guardian and that process has been regularly issued and served upon them according _____? therefore ordained by the court that I. W. Hassell viz attorney at state bar be appointed Guardian ad litem for them, he appearing in open court and accepting the same.  He will answer as soon as practicable.

To the Hon. O. H. Foster, Char. etc.
Presiding at Gallatin for
Sumner Co. Tenn.

The separate answer of I. W. Hassell Guardian ad litem for Lizzie & Claud Hollis minors without regular guardians and residents of Sumner County to the Bill or Petition of J. C. Hunter Admr. et als filed in this Hon. Court against respondents words.
Respondent saving and reserving until himself all legal exceptions to said Petition for answer says:
Respondent supposes it is true as alleged in the Petition that Willis Hunter died in Sumner County in 1887 and that he left no personal estate, but that he was seised and possessed of a tract of land lying in District No. 14 in Sumner Co. containing about 75 acres and that the boundaries of the same are correctly given & set out in complainants Petition.
Respondent supposes it is also true that the insolvency of said estate has been suggested and shown to the County Court of Sumner County and that there are some small debts against the estate and that it will be necessary to sell the land to pay these debts but of the indebtedness of the estate and the necessity for a sale of the land Respondent asks for the fullest and strictest proof and having fully answered he prays herein to be dismissed with cost.
                                                                                    I. W. Hassell
State of Tennessee
Sumner County
Personally appeared before me Harris Brown Clerk I. W. Hassell Guar. ad litem who makes oath in and favor of law that the matters and facts stated in foregoing answer are true to the best of his knowledge, information, and belief and upon information he delivers to be true.
                                                                                    I. W. Hassell Guard. ad litem
Sworn to before me
Oct. 8th 1888
         Harris Brown Clk.

J. C. Hunter Admr. et al
vs
Lizzie & Claude Hollis
In this cause the Clerk is ordered to take proof and report the amount of the debts filed against the Estate of Willis Hunter decd. and whether there is personal property sufficient in the hands of the admr. J. C. Hunter to pay the debts  -
of the estate without _____ to the sale of the real estate of said Willis Hunter dec'd. also he will report the number of heirs of the said Willis Hunter, and the number of acres of land said Willis Hunter Decd seized & possessed of and whether the said land or any portion of the same must be sold to pay Debts & whether or not the remaining lands can be divided among the heirs in kind or whether the said land will have to be sold for Division, he will report as soon as practicable.

J. C. Hunter Admr. et al
vs
Lizzie and Claud Hollis              Decree for sale
This cause came on to be heard before his Honor O. H. Foster Chairman etc. upon the report of the Clerk which is as follows (here insert) which being seen and understood by the Court and being unexcepted to is in all things confirmed.  And it appearing from said report that there is not enough personal estate of Willis Hunter decd. to pay off the debts of the said Willis Hunter decd. and it further appearing that said land cannot be advantageously divided in kind among the heirs of the said Willis Hunter decd. and that it is absolutely necessary to sell said land first to pay debts and then for partition among heirs.  It is therefore ordered, adjudged and decreed by the Court that the Clerk of this Court be and he is hereby appointed Special Comis., who will first advertise said land of Willis Hunter decd. for the time required by law by printed Hand Bills only and sell the same to the highest bidder upon the terms of one third cash balance at six and 12 months.
He will retain a lien, with personal security also for deferred payment.
He will sell said land upon the premises and make his report to this Court as soon as practicable.
Filed Oct. 30th 1888
            Harris Brown Clk.

Surveyed for the heirs of Willis and Mary Hunter Deseast on the 12 May 1888 a certain tract of land being and lying in the Civil District No. 14 of Sumner County, Tennessee and bounded as follows viz:  Beginning on a Stake in John Cray line Kidwell north East corner thence S 2 1/2 degrees W with his line 93 1/2 poles to a black gum his corner thence S 75 degrees E with his line 7 2/3 poles to a hickry his and J. Slider corner, thence S 87 degrees E with his line 121 poles to a black oak his and Ashford corner, thence S 87 degrees with his line 38 1/2 poles to a double black oak his corner, thence N 5 1/2 degrees E with his line 87 1/2 poles to a Stake his corner thence N 89 1/2 degrees W with his line 11 1/2 poles to a hickry his and Morris corner, thence N 86 1/2 degrees W with his and Lewis  90 1/2 poles to the post oak Lewis corner, thence N 6 degrees W with his line 13 3/4 poles to the rock his corner thence N 72 degrees W with his line 19 poles to a White oak his corner in the new Beathel meeting house lot thence 54 1/2 degrees W with seid lot 13 1/2 poles to a dogwood South East corner by lot thence N 80 degrees W with Seid lot 18 1/2 poles to a Stake John Crays South East corner, Thence N 88 degrees W with his line 30 1/2 Poles to the Beginning containing 97 acres more or less.
I surtify the above be correct.
                                   James M. Link
                                   County Surveyor

State of Tennessee
Sumner County
Personally appeared before me E. H. C. Sarver Notary Public for said county W. V. Hunter Bargainer with whom I am personally acquainted and acknowledge the execution of the foregoing instrument for the purpose therein contained and M. A. Hunter, wife of said Hunter, having personally appeared before me privately and apart from the said husband and acknowledges the execution of the foregoing instrument to have been done by her freely voluntarily and understandingly without compulsion or constraint upon the part of her said husband for the purpose therein expressed.
Given under my hand
and seal this 11 day Dec. 1888                                       E. H. C. Sarver
                                                                                        Notary Public
State of Tennessee
Sumner County
I J. F. Gray Register of said county do certify that the foregoing instrument and certificates are duly Registered in my office in Record Book No. 39 Pages 191 & 192 that it was received for registration Dec. 11th 1888 at 3 1/4 oclock PM. and entered in Note Book No 1 Page 203 this December 12th 1888.
                                                                                       J. F. Gray Register

We W. V. Hunter and M. A. Hunter have this day bargained and sold and do hereby transfer and convey to W. G. Pond and his heirs for the consideration of value received all the right title and claim to a tract of land undivided and known as the Willis Hunter Tract in the state of Tennessee county of Sumner and Dist. No 14 and bounded as follows by Ashford on the East on the south by Slider on the West Kidwell and on the North by Morris.
We covenant with the said W. G. Pond and his heirs that we have a good right to convey the above described land and that we will warrant and defend the title to the same against the claims of all persons whomsoever.
Witness our hand and seal                                           W. V. (his mark) Hunter
This 11th day of Dec 1888                                           M. A. (her mark) Hunter
Witness W. G. Pond, Jr.

To the Hon. O. H. Foster chairman of the county court of Sumner County, Tennessee
J. C. Hunter as administrator of Willis Hunter dec'd and for himself as an heir - Sallie Turner & husband Jack Turner, Tobe Hunter, Duff Hunter, W. V. Hunter, Mary Keen and husband George Keen, Bettie Link & husband Billie Link, Josie Kincade & husband Jimmie Kincade - J. S. Brooks, Charles Hunter, Jim Hunter, Jas. B. Hunter
vs.
Lizzie Hollis and Claud Hollis Minors without regular guardian - all citizens of Sumner County, Tennessee
Your petitioners would state to the Hon. Court that Willis Hunter departed this life in the County of Sumner on the (left blank) day of December 1887 intestate leaving no personal of any value - he died seized & possessed of a tract of land lying in the Civil District No. 14 and bounded as follows Beginning on a spanish oak on Wm Mays South West corner, thence South 90 1/2 poles to a Spanish oak and walnut, thence East 133 poles to the Eastern boundary of said Hunters tract, thence North with said boundary 90 1/2 poles to a stake - thence West with said Wm Mays southern boundary 133 poles to the Beginning containing 75 acres be the same more or less.  J. C. Hunter qualified as the administrator of said Willis Hunter regularly in the County Court of Sumner County, and has regularly suggested the insolvency of said estate - there is about some where between $25 or $50 of debts against said estate and there being no personal property to satisfy and pay off said debts he files this bill in this Honorable Court for  ___ of reaching the land aforesaid to have the same sold to pay off said debts and also for partition as the same could not be partitioned in kind among the heirs - the parties mentioned as the plaintiffs in the caption all children and grandchildren of said Willis Hunter and are of age; and join in this petition.  The parties mentioned as defendants are grand children of said Willis Hunter and are minors without regular guardian being the children of Maggie and they represent one share they are aged 9 and 7 years.  Mary Keen, Bettie Link, and Josie Kincade are grand daughters and J. S. Brooks, Charles Hunter, Jim Hunter, and J. B. Hunter are grand sons - Petitioners would further state that the land is ridge land, and worth about $300, that it becomes necessary to sell the land to pay debts and it being impractical to divide the land between the heirs and it would be manifestly to the interest of all parties that the land be sold.  Petitioners would state that they have an offer for the land, to wit $295. and the land is not worth much more than that.  Premises considered they ask license to file this petition in this court, let process issue for the minor defendants, let a guardian ad litem be appointed to represent the minors let an account be taken showing the indebtedness of the estate whether the land should be sold to pay Debts - let the land be sold and out of the process pay off the Debts against the estate and the balance be divided among the heirs as they are entitled to secure the same. grant all other further general f& Special which they may be entitled to & they will ever pray.
T. C. Mulligan
Sol.

*The next two pages contain the same land description as given by the county surveyor.  The land was sold to Charles I. Parker for $2.95 per acre, 97 acres more or less.  Pages that were repetitive and contained no new information were not transcribed.  This loose record is 45 pages long. 


Selected Court Records Index

Genealogist's Companion Main Page