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Sumner County Clerk Minutes
November/December Terms, 1882

Transcribed from TSL&A Microfilm Roll  #54
Sumner County Clerk Minutes, Vol:  14, 16
Oct 1882 - Jan 1892

Transcribed by Jan J. Barnes
©2003

Volume 14
November 5, 1882

Page 6

The last will and testament of John Crenshaw, deceased, was this day produced in open court for probate and was proven by the oaths of A. J. Swaney and Joseph M. Crenshaw, subscribing witnesses thereto, which is received by the Court and ordered to be recorded.  No Executor being named in the will:  It is therefore ordered that Dabney Crenshaw be appointed Administrator with the will annexed of John Crenshaw deceased; Thereupon said Dabney Crenshaw, together with his securities, Joseph M. Crenshaw and A. J. Swaney, appeared in open Court and entered into and acknowledged their bond to the State of Tennessee in the penal sum of one thousand dollars conditioned as the law directs.  And said Dabney Crenshaw as Administrator aforesaid was duly qualified.

Ordered by the Court that Wm. B. Schell be appointed guardian of Julius and Edna Schell minor heirs of Mary E. Schell, deceased.  Thereupon came into open Court said Wm B. Schell together with his sureties J. A. Trousdale and Jas. W. Blackmore and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Five hundred dollars conditioned as the law requires.  And said Wm B. Schell, as guardian aforesaid was duly qualified.

The last Will and Testament of John Savely, deceased was this day presented in open Court for probate and was duly proven by the oath of J. A. Moss, and Quinton Coppage, subscribing witnesses thereto, which is received by the Court and ordered to be recorded.  Mrs. Lizzie Savely is the Executrix named in the will appeared in open Court and accepted the execution of the same.  Thereupon the said Lizzie Savely together with her sureties J. A. Moss and Quinton Coppage, appeared in open Court and entered into and acknowledged their bond to the State of Tennessee in the penal sum of one hundred dollars conditioned as the law requires and said Lizzie Savely as Executrix aforesaid is duly qualified.

W. H. Brown administrator of S. Heermans deceased reported no personal assets and suggested the insolvency of deceased all of which was ordered to be recorded.

It appearing that H. W. Moye was elected constable in the 13 District at the August election 1882 & did on the 4th day of September 1882

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as required by law appeared in open Court with his sureties & entered into bond, and it further appearing that A. R. Brown one of the sureties wishes to be relieved from further liability upon said bond and that he has given the notice required by law in such cases to be relieved as surety & to give additional security upon said Bond.  It is therefore ordered by the Court that said A. R. Brown be released from further obligation and discharged therefrom.  Thereupon came said H. W. Moye as Constable aforesaid together with F. M. Perdue his surety, and signed and acknowledged the due execution of said bond and the same ordered entered of record.

G. W. Chipman Admr. vs. C. H. Harper et al
This cause was this day heard before the Worshipful County Court of Sumner County, upon the pleadings in the cause when it appearing that all the defendants are adults, and that they are all properly before the Court by service of process acknowledged by all the defendants, and they all having failed to plead answer or demure to the bill.  It is ordered that the bill be taken for confessed and set for hearing ex-parte as to them.  It is ordered that this cause be referred to the Clerk to take proof and report whether there was any personal estate of the deceased to pay debts with if so what has been done with the same & how many debts there are against the estate & whether there is any necessity for selling the land or any part thereof if so how much.

Page 8

In this cause I report that in obedience to an order of reference made at the November Term 1882,  have taken the deposition of G. W. Chipman, Admr. of Levi Stone, deceased, which deposition is on file.  I find from said deposition no assets, but there are 125 acres of land, which are all the assets of said Levi Stone deceased.  There are on file debts amounting to $70.80 but creditors have until 11th February 1883, in which to file claims.  In  order to pay claims it will be absolutely necessary to sell said land there being no other assets.
Respectfully submitted 14 Nov 1882.
O. H. Foster, Clerk
which being unexcepted to is in all things confirmed.  It is therefore decreed that the Clerk of this Court as special Commissioner, proceed to advertise said lands as required by law and sell the same to the highest bidder at the Court House door in Gallatin, and will sell the same upon a credit of six months taking note with good security drawing interest from date and retaining a lien for the purchase money.  Upon application of the Complainant in the Bill and ___ this sale will be made free from the equity of redemption.  He will make this sale and give his report to the next Term.

The Clerk presented a final settlement with W. F. Hutchison, guardian of J. L. Hutchison, formerly a minor but having attained the age of twenty one years and was present at the settlement and concurring thereto and signed a receipt in full for the balance ($88.98) found due, which settlement and receipt are ordered to be recorded, and the guardian is derrided of his trust.

November 20, 1882

A paper writing dated July the 21st 1875, signed John L. Bugg and purporting to be the last will and testament of John L. Bugg was this day produced in open Court for probate:  whereupon D. P.

Page 9

Hart,  F. D. Blakemore, & W. H. Joyner, having been duly sworn, deposed, and said that they were acquainted with the handwriting of the said John L. Bugg, and that his handwriting was generally known among his acquaintances, and that they verily believe that said paper writing dated and signed as aforesaid, and every part thereof is in the handwriting of said John L. Bugg.  And J. A. Trousdale, having been duly sworn deposed and said that said paper writing was found after the death of said John L. Bugg, among the valuable papers of him, the said John L. Bugg.  It is thereupon ordered by the Court that said paper-writing be recorded as the last will and testament of said John L. Bugg dec'd.  And it appearing that by the terms of said will, J. A. Trousdale is nominated as the Executor of the same and is not required to give security as Executor and that he appeared in open Court and accepted the executorship; It is therefore ordered by the Court that said J. A. Trousdale be appointed Executor of the last will and testament of John L. Bugg dec'd; as aforesaid.   Whereupon said J. A. Trousdale, appeared in open Court and entered into personal bond in the sum of five thousand dollars, and was duly qualified as Executor.  It is further ordered by the Court that Letters Testamentary issue to the said J. A. Trousdale.

On the 16th day of November 1882 in the Court House in the town of Gallatin Tenn. in the office of the County Court Clerk & before the County Court of Sumner the will of J. L. Perry deceased was offered for probate.  And it appearing to the Court that process was regularly issued from this Court summoning and notifying the next of kin (he never having been married) to appear on the said 16th day of Nov. 1882, to contest the probate of said will; and it appearing that said summon & notice was executed upon all the next of kin of the said J. L. Perry, deceased, and they appeared and that the same was contested by Peggy and John H. Perry only; and it appearing to the Court that the personal estate of the deceased J. S. Perry does not exceed the sum of two hundred and fifty dollars; that he died in this County on the 24th day of October, 1882; that a short time prior to his death and in his last sickness, in his own habitation where he had been residing for many years prior to his death, he declared and made his will in the presence of Samuel Perry, W. H. Mason, M. J. Perry, Katie and Clenny Perry; that W. H. Mason, M. J. Perry, Katie and Clenny Perry were especially required to bear witness thereto by the Testator himself; that Samuel Perry, W. H. Mason, & M. J. Perry, within ten days after the death of the said J. L. Perry deceased reduced the same to writing &

Page 10

signed the same and that more than fourteen days have lapsed since the death of the said J. L. Perry and it is further appearing to the Court that Samuel Perry, W. H. Mason, & M. J. Perry, the subscribing witnesses to said will & proving the same are disinterested and competent both under the common law and the statues of this State.  And it appearing to the Court from the sworn statements of the aforesaid subscribing witnesses that the paper writing produced & signed by Samuel Perry, W. H. Mason, & M. J. Perry, & bearing date of Nov. 1st 1882 is the last will and testament of J. L. Perry, deceased & that he devised his estate to his minor sisters Katie & Clenny Perry, it is therefore ordered & adjudged by the Court that said writing presented is the last will & testament of the said J. L. Perry deceased & that the same be recorded in the will book of this Court by the Clerk of this Court, and that the cost of this proceeding be paid out of the estate of the said J. L. Perry, deceased.  The proponents of the will moved the Court to permit Kathie & Clenny Perry to sign said will as subscribing witnesses, which the Court declined thinking it unnecessary.  This entry should have appeared upon the minutes of the Court for the 10th of November 1882, but the Court having taken the matter under advisement, the same is now entered for then.

The Clerk presented an inventory of the personal property of John Crenshaw dec'd by Dabney Crenshaw the Admr; which is ordered to be recorded.

Ordered by the Court that Smith Wallace be appointed Administrator of all and singular the goods and chattels rights and credits of Margaritte Wallace, deceased.  Thereupon came into Court said Smith Wallace, together with his sureties Jno. M. Cantrell and J. R. Bruce and entered into and acknowledged their bond to the State of Tennessee in the penal sum of one hundred dollars, conditioned as the law requires, and said Smith Wallace as Administrator aforesaid was duly qualified and it is ordered by the Court that Letters of Administration as aforesaid be issued to said Smith Wallace.

Ordered by the Court that Robt. Collier be appointed Administrator of all singular the goods and chattels rights and credits of Susan Collier dec'd.  Thereupon came into Court said Robert Collier, together with his sureties Jas. W. Blackmore & W. H. Brown, and entered into & acknowledged their bond to the State of Tennessee

Page 11

in the penal sum of fifty dollars conditioned as the law requires and said Robt. Collier as Administrator aforesaid was duly qualified.  And it is ordered by the Court that Letters of Administration be issued to said Robt. Collier.

Nothing further appearing Court adjourned until Monday 27, November 1882.

Monday, 27th of November 1882, Hon. Lee Head presiding:

Upon application of Mrs. A. D. McGee widow of W. H. McGee, deceased, to have commissioners appointed to set apart to her out of her husbands estate:  a years allowance.  And it appearing to the Court that she is the widow of W. H. McGee, and he died intestate in this County, and that no year's allowance has been set apart to the widow (the applicant).  It is therefore ordered adjudged & decreed by this Court that Wm. Harper, Wm Campbell, and P. T. Buckingham, free holders of this County be appointed Commissioners (they not being connected with her either by consanguinity or affinity) to set apart to the said Mrs. A. D. McGee, widow aforesaid, one years allowance or support for herself and family out of the crop, stock, provisions, moneys on hand or due, or other assets that may come into the hands of the Administrator of said estate, and report to this Court their action.

Ordered by the court that J. M. Durham be appointed Administrator with the will annexed of all and singular goods and chattels rights and credits of J. L. Perry, deceased.  Thereupon came into Court said J. M. Durham together with his sureties, Jonathan Durham and W. F. Moss and entered into & acknowledged their bond to the State of Tennessee in the penal sum of Five hundred dollars, conditioned as the law requires, and said J. M. Durham, as Administrator, aforesaid was duly qualified.  And it is ordered by the Court that Letters of Administration be issued to said J. M. Durham as Administrator of J. L. Perry deceased with the will annexed.

Nothing further appearing Court adjourned until Monday 4 Dec 1882.

Page 12

Monday, 4th December 1882

W. L. Barnes & others vs. Joel R. Barnes & others
In this cause it appearing to the Court, that James H. Barnes is a minor without regular guardian, and that process was served on said James H. Barnes on the 23rd Nov 1882.  It is ordered by the Court that J. A. Trousdale be appointed guardian ad litem of James H. Barnes and the said J. A. Trousdale appeared and accepted said appointment.

W. R. Tomkins, et al vs. Mary V. Rayl, et al
In this cause it appearing to the Court from the process returned "Executed" that, subpoena to answer and notice of plaintiffs petition with copy thereof has been served on the defendants Mary V. Rayl, and husband Jos. Rayl, and Jo. M. Tomkins, Jr. more than five days before the first Monday in December 1882 - and it appearing that the said Mary V. Rayl, though a married woman, is a minor without regular guardian, and that Jo. M. Tomkins is a minor with regular guardian.  It is ordered by the Court that B. F. Allen, a solicitor of this Court, who has been selected by said Mary V. Rayle, and husband, be and he is hereby appointed the Guardian ad litem and Solicitor for said Mary B. Rayl & husband, he appearing in Court and accepting - and he will answer said petition as soon as practicable.  And it appearing that the regular guardian of the defendant Jo. M. Tomkins, Jr. has selected S. F. Wilson, a Solicitor of this Court, it is ordered that said S. F. Wilson be and he is hereby appointed Guardian ad litem and Solicitor for said minor Jo. M. Tomkins, Jr. - he appearing in Court and accepting the same.  He will answer said petition and soon as practicable.

Alfred M. Turner, Admr. & et al vs. The Heirs of M. L. Whitworth, et al
This cause was again heard before the Hon. Lee Head Chairman etc on the 4th day of December 1882

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upon the previous proceedings and the following Report of the Clerk and Commissioner viz:  "In this cause I report that in pursuance of a decree of this Court at the February Term, 1882, directing me to advertise the lands mentioned in the pleadings for sale, and to sell the same to the highest bidder.  I complied with said decree by giving twenty days notice by printed hand-bills, & on the 13th day of March, 1882, at the Court House door in the Town of Gallatin offered said lands for sale, when the 83 acre tract, mentioned in the pleadings & in said advertisement, was struck off to James Whitworth, for Three Hundred and Seventy Five Dollars for said 83 acre tract, he making the highest and best bid for the same.  He has complied with the terms of sale by paying into my office the entire amount of the purchase money of Three Hundred Seventy Five Dollars.  The cause is ready for divestiture & vesture of title so far as the said 83 acre tract is concerned.
Respectfully submitted 1st July 1882
O. H. Foster, Clerk & Commissioner,"
which being unexcepted to seen and understood by the Court is in all things confirmed.  It is therefore adjudged and decreed by the Court that all the right, title and interest of the Complainants and Defendants in & to the tract of land mentioned in the report of the Clerk, to wit, the tract containing eighty three acres lying in Sumner County, Civil District No. 5 and bounded on the North by Smith Sample, on the East by the heirs of Jenks Kemp, on the South by Jno. Scott and A. Stark, and on the West by A. Stark, containing by estimation eighty three acres, be and the same is hereby divested out of them and vested in the purchaser James Whitworth, he having paid all the purchase money to him and his heirs forever.  To this extent this decree will be certified for registration.
It is ordered that a reference be made to the Clerk to take proof and report what would be a reasonable fee for Munday & Elkin, Solicitors for the Complainants and for Thomas C. Mulligan, Guardian ad litem and Solicitor for the minor Defendants.  He will report as soon as practicable.  All other matters are reserved until the coming in of said report.
Nothing further appearing Court adjourned until Thursday 7th day December 1882.

Page 14

7th December 1882

William L. Barnes et al vs. Joel R. Barnes et al
In this cause it appearing to the Court that process had been served on Penina E. Barnes, Charles B. Barnes, and S. K. Barnes on the 23rd day of Nov 1882, and that they are minors, and that their regular guardians have not answered complainants bill, but, but desire that J. A. Trousdale, a member of the Gallatin bar be appointed Attorney and guardian ad litem to represent said minors.  It is therefore ordered by the Court that J. A. Trousdale be appointed guardian ad litem of said Penina E., Charles B., and S. K. Barnes and said Trousdale appeared and accepted said appointment.

William L. Barnes et al vs. Joel R. Barnes et al
In this cause it appearing to the Court that subpoena to answer was served on the defendant Joel R. Barnes, on the 23rd Nov 1882 and that he has failed to plead, answer or demur to Complainants bill, within the time required by law.  It is therefore ordered by the Court, that complainants bill be taken for confessed against said Joel R. Barnes, and set for hearing ex-parte as to him.

The Clerk presented an inventory of the property of L. B. Fite dec'd by the Executors Leonard B. Fite, Jr. & Jas. W. Fite, which was ordered to be recorded.

Nothing further appearing Court adjourned until Friday 8th day of December 1882.

8th December 1882
Page 15

W. L. Barnes et al vs. Joel R. Barnes et al
This cause was heard on this the 8th day of Dec, 1882, before the Hon. Lee Head Chairman of the County Court of Sumner County, upon the bill pro confesso, as to Joel R. Barnes, answer of the guardian ad litem of the minor defendants and the evidence n the cause.  And it appearing to the Court that Complainants Wm. Thomas Barnes and Laura J. Magers are two of the children of S. K. Barnes, Sr. deceased - And it appearing from the evidence and survey made in the case of John O. Robertson & wife vs. Martha E. Barnes et al in the Chancery Court of Sumner County that S. K. Barns died seized and possessed of a tract of tract of land in Sumner County containing 229 Acres, 1 Rood and 29 poles, the boundaries of which are given in complainants bill and that S. K. Barnes left ten children, & that in said case of Robertson & wife vs. Martha E. Barnes, by decree of the Chancery Count the undivided one tenth of Mrs. Ella Robertson in said land, was vested in the eight younger children of Wm. T. Barnes and Laura J. Magers were two, from which it appeared to the Court that each of the Complainants are entitled to one tenth part of said land and also to one eighth part of one tenth part of said land and that said Complainants are entitled to have their shares in said land allotted & set apart to them respectively:  it is therefore ordered by the Court that N. B. Harrison, County Surveyor, J. C. Newton, Thomas Blakemore, & P. E. Youree, Jr. freeholders of Sumner County, be & they are hereby appointed Commissioners to lay off to and allot to each one of Complainants Wm Thomas Barnes & Laura J. Magers his and her one tenth part and one eighth of one tenth part in the original tract of 229 acres, 1 Rood, and 29 poles described in the bill, and it is ordered that said Commissioners report their allotments and partition to this Court as soon as practicable.

Nothing further appearing Court adjourned until Monday 11th December 1882.

Page 16
11th December 1882

W. R. Tomkins et al vs. Mary V. Rayl et al
This cause was this day heard on the petition of Plaintiffs, the answer of defendants and the proof, when it appearing to the Court, that, Joel M. Tomkins, Sr., departed this life in February, 1882, intestate, unmarried and without issue and that W. R. Tomkins, John A. Tomkins, Mary V. Rayl and Joel M. Tomkins Jr., are his heirs at law, and as such entitled to equal parts or shares of the real estate mentioned and described in the petition filed in this cause, of which said Joel M. Tomkins, died seized and possessed, and which lies int he County of Sumner, State of Tennessee; that is to say W. R. Tomkins, is entitled to one fourth of said lands, John A. Tomkins, to one fourth of said lands, Mary V. Rayl, to one fourth of said lands, under the statute of descent of Tennessee, and it appearing satisfactorily to the Court, that the lot on Main Street in Gallatin Tenn., known as & called the Academy or Parrish? lot and bounded north by Main Street, East by Thomas H. King, South & West by Streets; And the lot with the House thereon on the street running from Main Street, South to Colored Baptist Church, adjoining lots of Willis Motley, Hardison, and Youree, and Martin McFarland conveyed by deed of Willis Motley to Joel M. Tomkins Sr., registered in Book No. 32, page 119, Registers office for Sumner County.  And that the three lots which said three Henderson lots were owned equally as tenants in common by said Joel Tomkins Sr., dec'd; and petitioner, W. R. Tomkins - each owning an undivided one half interest in and to the same are situated as that partition thereof cannot be had or made advantageously to the parties interested, and it appearing that it is manifestly to the interest of the minor defendants, and to all the parties, that said Academy or Parrish lot Willis Motley lot and three Henderson lots should be sold instead of partitioned; and that it would perhaps be best to offer

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the Academy lot for sale first divided in two lots fronting equal distances on Main Street and then as an entire lot, accepting the bid or bids which produces the most money; and that the lot bought of Willis Motley should be sold without a division for sale, but as an entire lot - and that the three Henderson lots should be sold as they are now, as three lots without division for sale or partition between W. R. Tomkins and the heirs of Joel M. Tomkins, Sr - and that all of said lots should be sold for ten percent cash, balance with twelve and eighteen months, with interest from date of sale and personal security and liens retained.  It is therefore ordered adjudged and decreed that, said Academy lot, the Willis Motley lot and the three Henderson lots be sold instead of partitioned for division among the said heirs of Joel M. Tomkins, dec'd, in the manner and upon the terms herein set out:  And O. H. Foster, Clerk of this Court is directed and empowered as Clerk and Commissioner to said lots on said terms and in the manner prescribed.  He will advertise said lots by printed hand-bills for ten days posted at the Court House door and the usual places, and sell the same at public auction at the Court house door in Gallatin, Tenn:  to the highest and best bidders making notes with good personal security, bearing interest from date of sale, and retaining a lien, for balance of purchase money after receiving ten per cent cash, as heretofore described.  He will sell as soon as practicable and report to the January 1883 Term of this Court.  It further appearing to the Court that the 145 acre tract of land set apart to Joel M. Tomkins, Sr, in the partition of the lands of J. R. A. Tomkins, dec'd and the 26 acre tract in the forks of the Scottsville, and Hartsville turnpikes and the 241 acres of Ridge land set apart to said Joel M. Tomkins, dec'd in the division of the lands of J. R. A. Tomkins, dec'd; by decree of the Chancery Court of Sumner County are so situated as to be capable of being divided among the parties entitled and that it is in the interest of the minors and all the parties interested that said lands should be divided instead of sold; It is therefore ordered adjudged and decreed that said above named tracts of land be partitioned between the said W. R. Tomkins, John A. Tomkins, Mary V. Rayl, and Joel M. Tomkins equally in each being entitled to one fourth of said lands.  And to this end W. M. Stewart, Wm Calgy, Jno T. Carter, and

Page 18

David F. Barry all of whom are free holders, are hereby appointed Commissioners, and empowered as such to go upon and view and to partition said 145 acres, said 26 acres, and said 241 acres of Ridge land; if practicable and feasible between said four heirs of Joel M. Tomkins, dec'd;  And Jas. A. Nimmo, by request and consent of all the parties and their attorneys and guardians ad litem, is hereby appointed special surveyor, who will, with said Commissioners above named, or any three of them, set apart by survey & metes & bounds, the shares or parts of said land to each of said heirs, in accordance with the law in such cases, Said Surveyor and Commissioners will make their report to the present (Dec 1882) Term of this Court if practicable.
This cause will be retained for the coming on of the Report herein ordered and for further orders.

The following Bills of Costs are ordered to be recorded, the same having been presented properly certified from the Circuit Court of Sumner County; as the law directs, are entitled to be paid, the same having accrued at the October Term 1882 of said Court and are as follows to wit:
(Amounts in the record are not listed below;  most are no more than 23.00, average amt. paid was 2.50 for services.  Witnesses received the highest amount of payments.)

State of Tennessee vs. Bailey Harrison
Rec.  B. D. Bell  Atty. Genl fee
T. H. King  Clerk                                
J. W. Biggers  Witness                        
State of Tennessee vs. Bailey Harrison
Rec. B. D. Bell    B. D. Bell  Atty Genl      
       T. H. King Clerk                                    
       J. M. Cantrell  Shff.                              
State of Tennessee vs. Bailey Harrison
Rec.  B. D. Bell    B. D. Bell Atty Genl      
          T. H. King Clerk                                  
State of Tennessee vs. John Wells
rec. B. D. Bell   Atty Genl                            
       T. H. King Clerk                                      
        J. M. Cantrell Shff                                    
        G. M. Butts  Shff                                    
        H. C. Bloodworth  Dep. Shff                    
        S. L. Bruce     Dep. Shff                          
        B. F. Perry  Wit.                                    
        R. F. McMurtry  Wit.                    
        H. C. Bloodworth  Wit.          
        J. W. Joyner   Wit.                        
        W. H. Draper  Wit.                          
        J. F. Joyner  Wit.                                    
        W. H. Joyner   Wit.                            
         S. E. Patton  Wit.                                
         S. M. Utley  Wit.                              
         L. D. Sanders  Wit.                        
         Leander Kizer  Wit.                            
         J. B. Kizer  Wit.                                  
         W. F. Hutchison  Wit.  

State of Tennessee vs. John Wells
Rec. B. D. Bell Atty Genl                    
T. H. King Clerk                                        

State of Tennessee vs. John Wells
Rec. B. D. Bell Atty Genl                                
Thos. H. King Clerk                                        

State of Tennessee vs. John Wells
Rec. B. D. Bell Atty Genl                                  
T. H. King Clerk                                        

Page 20

Payment amounts continued for the State of Tennessee vs. John Wells.  Pmts. made to B. D. Bell and Thos. King.

Page 21

State of Tennessee vs. John Wells
Pmts. for B. D. Bell atty Genl, T. H. King, Clerk, J. M. Cantrell, Shff.

State of Tennessee vs. William Strother
Pmts. for B. D. Bell, Atty Genl, T. H. King Clerk, W. E. Cantrell, Dep. Shff, W. J. Henley, Witness, Bright Gillespie, Witness, John Head, Witness, Jo Odom, Witness

State of Tennessee vs. Bailey Harrison
Pmts. for B. D. Bell, Atty Genl., T. H. King, Clerk, W. E. Cantrell, Dep Shff., John Carney, Witness

Page 22

State of Tennessee vs. William Doxey
Pmts. made to B. D. Bell, Atty Genl., Thos. H. King, Clerk, J. M. Cantrell Shff., John Stark Witness

State of Tennessee vs. Hopkins
Pmts. made to B. D. Bell, Atty. Genl., T. H. King, Clerk, J. M. Cantrell, Shff.

State of Tennessee vs. G. W. S. Sarver
Pmts. made to B. D. Bell, Atty Genl., T. H. King, Clerk, M. Fikes, J. P., J. M. Cantrell, Shff, J. F. Gray, D. S., Mrs. Jo Donson, Witness, R. B. Durham, J. P., J. K. Dodd, Shff.

State of Tennessee vs. John Cardwell
Pmts. made to B. D. Bell, Atty Genl., T. H. King, Clerk, J. M. Cantrell, Shff.

Officers for Summoning Witnesses before Grand Jury:
Wright Young, W. J. White, J. M. Cantrell, Wm. Franklin, W. E. Cantrell, S. F. Elliott, J. A. Suddarth, W W. Hutchison, D. P. Hart, G. M. Butts, J. W. Malone, S. L. Bruce, H. A. Kirkpatrick, B. F. Webster, James Hobdy, W. J. Brown, R. H. Wells, C. M. Sutton.

Witnesses before the Grand Jury:
S. J. Bloodworth, T. S. Buckingham, Jim Boddie (Col.), J. B. Barnes, Henry Bryant, Mary Chilton, Jim Cantrell (Col.), Mary Cantrell (Col), G. W. Chipman, Ned Cornell (Col.), Matilda Cornell Col.), James Campbell, Lafayette Escue, Houston Franklin (Col), B. L. Gregory, John w. Hullett,

Page 24

Wm. Harrison, Geo. Johnson, W. H. Kizer, T. R. Love, J. H. May, Sr., M. Marcus, Harris Ore, J. M. Pike, J. M. Roney, Nathan Reynolds, L. M. Robinson, Wash Shafer, Gilbert Ulsey, J. G. Wynne, M. M. Wray, J. P. Wray.

Jno. A. patterson et al vs. A. C. Barrow et al
In this cause reference is made to the Clerk, who will take proof and report what each of the heirs of Cliff Fry has received from the widow under the provisions of his will, and should be charged with under said will - and to whom the proceeds of the land sold in this cause should be paid, and in what proportion.  This order was made at the February Term 1882 of this Court, but was not entered then and it is ordered to be entered mrrec pro tnne
?

The last Will and Testament of Eliza Chipman deceased was this day produced before the Court for probate and was duly proven by the oaths of J. W. Black, and J. P. Long, subscribing witnesses thereto, which was received by the Court and ordered to be recorded.  And G. Y. Chipman the Executor named in the Will appeared in open Court & accepted the execution of the same.  Thereupon the said G. W. Chipman, together with his sureties J. W. Durham and J. E. Carter, appeared in open Court & entered into & acknowledged their bond to the State of Tennessee, in the penal sum of One Hundred Dollars conditioned as the law requires, & said G. W. Chipman, as Executor aforesaid was duly qualified.  And it is ordered by the Court that Letters Testamentary of all and singular the goods and chattels, rights and credits of the said Eliza Chipman deceased issue to the said G. W. Chipman.

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Nothing further appearing Court adjourned until Monday 18th day of December 1882.

18th December 1882

Ordered by the Court that W. F. McDaniel be appointed Administrator of all and singular the goods & chattels rights and credits of J. W. McDaniel deceased.  Thereupon came into open Court said W. F. McDaniel together with his sureties, Ruford Smith and W. H. Samuel and entered into & acknowledged their bond to the State of Tennessee in the penal sum of Four Thousand Dollars, conditioned as the law requires.  And said W. F. McDaniel, as Administrator aforesaid was duly qualified.  And it is ordered by the Court that Letters of Administration be issued to said W. F. McDaniel.

Upon application of Mrs. J. W. McDaniel, widow of J. W. McDaniel, deceased, to have commissioners appointed to set apart to her out of her husbands estate a years allowance, and it appearing to the Court that she is the widow of J. W. McDaniel and that he died intestate in this County, and that no years allowance has been set apart to the widow (the applicant).  It is therefore ordered adjudged and decreed by this Court, that M. R. Elliott, Richard Douglass, & Charles Clark free holders of this County be appointed Commissioners (they not being connected with her either by consanguinity or affinity) to set apart to the said Mrs. J. W. McDaniel widow aforesaid, one years allowance or support for herself and family out of the crop, stock, provisions, moneys on hand or due, or other assets that may come into the hands of the Administrator of said estate, and report to this Court their action.

Nothing further appearing Court adjourned until Wednesday 20th day of December 1882.

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20th December 1882

Wm Thomas Barnes and Laura J. Magers & husband John M. Magers vs. Joel R. Barnes, James H. Barnes, Samuel K. Barnes, Penina E. Barnes & Charles B. Barnes
This cause was heard on this the 20th day of Dec. 1882 before the Hon. lee Head, Chairman of the County Court of Sumner County upon the report of the commissioners which is as follows.  Agreeable to an order of the honorable County Court of Sumner County on the 8th day of Decr. 1882, we the undersigned Commissioners, free holders of the County of Sumner, after being duly qualified & sworn as the law directs have this day proceeded with N. B. Harrison, the County surveyor, to lay off and allot to W. T. Barnes his one tenth n value and also the one eighth of one tenth of the lands of his deceased Father S. K. Barnes, and also the same to Laura Magers daughter of sd. dec'd S. K. Barnes her one tenth and one eighth of one tenth part of sd. land as follows to wit:  Lot No. 1 which was drawn by Mrs. Magers, begins on a rock in Newtons line & corner to Mrs. Kate Terry run west with Newton 127 poles to a rock in Suddarths line the North 35 P 20 links to a rock the East 127 Poles to a rock in Kate Terrys line the South 35 Poles 20 links to the beginning contains 28 1/2 acres.  Lot No. 2 drawn by Wm. T. Barnes begins at NW corner of Lot No. 1 run North 39 poles 20 links to a rock in Suddarths line the East 127 poles to a rock in Mrs. Terrys line the South 39 poles 20 links to a rock corner to Lot No. 1 West 127 poles to the beginning contains 31 1/2 acres.  all of which is respectfully submitted this 12 December 1882.
P. E. Youree Jr.
H. Newton                Commissioners
W. McKamie
N. B. Harrison Surveyor for S. C.
And it appearing to the Court that said report is made by three of the commissioners appointed by this Court viz:  P. E. Youree Jr., J. C. Newton, and N. B. Harrison, it is ordered by the Court that said report be in all things confirmed.  It is therefore ordered and decreed by the Court that all the right and title of Complainants and Defendants in and to the two tracts of land, the boundaries of which are set out in the above report of the commissioners and described in said report as Lot No. 1 and Lot No. 2 be divested out of them and that the title

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to said Lot No. 1 be and is hereby vested in Mrs. Laura J. Magers, to her sole and separate use in fee and that the title to said Lot Number 2 be and is hereby vested in Wm. Thomas Barnes, in fee.  It is ordered by the Court that Complainants pay the costs of this case for which execution may issue.  It is ordered that a copy of this decree be certified for registration.  It is further ordered by the Court that a fee of $5.00 for the guardian ad litem be taxed in the bill of costs.

The Clerk this day presented a final settlement with James Soper guardian of Sallie Gourley minor of Samuel Gourley deceased, said Sallie Gourley having attained her majority.  The Clerk presented a receipt from said Sallie Gourley to the said James Soper Jr. for $1844.88 in full of amount due as shown by said settlement and it is ordered that the settlement and receipt which is probated be recorded, and James Soper Jr. as guardian aforesaid be derrided of any further liability as guardian.

The report of the Commissioners heretofore appointed to set apart Mrs. A. D. McGee years allowance was presented and ordered to be recorded which is as follows -
List of Allowance to A. D. McGee, widow of W. H. McGee, and family consisting of five in number.
Dec 18 1882
We the undersigned commissioners after being qualified beg leave to make the following report we allowed her coffee 140 lbs, sugar, 200 lbs, 2 bbls , soda 10 lbs. spice 10 lbs, shoes for family $55.00, clothing for family $100.00, two hundred lbs in addition to what is on hand, all the lard on hand, all the corn on hand about twenty five barrels and twenty five n addition, all the wheat on hand, sixty bus. (60) all the hay on hand and forty dollars for furnishing fire wood there being no wood on the place, there being only 2 mules and 2 cows, one wagon and no other personal property belonging to the estate of W. H. McGee.
W. C. Campbell
P. T. Buckingham       Commissioners
W. T. Harper

Nothing further appearing Court adjourned until Wednesday 27th day December 1882.

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27th December 1882

Alfred M. Turner et al vs. The heirs of M. L. Whitworth et al
This cause was again heard before his Honor Lee Head Chairman upon the previous proceedings in the cause and the following report of the Clerk - In this cause I would respectfully report that I have in accordance with a former order of reference made in this cause that I have taken the depositions of C. R. Head and W. C. Dismukes Attorneys at this Bar and report that $35.00 would be a reasonable fee for Munday and Elkin, Sols. for the Complts and that $10.00 would be a reasonable fee for T. C. Mulligan Guardian ad litem and would recommend the same be paid all of which is respectfully submitted 23rd December 1882.  O. H. Foster Clerk; which being unexcepted to see and understood by the Court is in all things confirmed.  It is therefore ordered by the Court that the Clerk out of the funds on hand in this cause will pay to Munday and Elkin Sols. for the Complainants thirty five dollars and to T. C. Mulligan Guardian ad litem for the minor Defendants ten dollars all of which the Clerk will charge up in the bill of costs.  The entire cost will be paid out of the respective proceeds of sale in proportion to the amount of sales in each separate funds.  The remainder of said proceeds will be paid over to the respective parties or their representatives.  Said two funds will be kept separate and as before said the costs will be pro-rated between the two funds.

The Clerk this day presented an inventory of the personal property of J. W. McDaniel dec'd by

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W. F. McDaniel Administrator which was ordered to be recorded.

John A. Patterson et al vs. A. C. Barrow et al
This cause was this day heard before the Hon. Lee Head Chairman etc. upon the report of the Clerk as to advancements and to whom the funds in court arising from sale of land is going - which report is as follows.
Pursuant to the references made to me as Clerk to ascertain and report what sums, if any, each of the heirs of O. Fry dec'd had received from the widow E. B. Fry with which they should be charged under the provisions of the will of said C. Fry - and to whom of said heirs of said C. Fry the proceeds of the sale of the land sold in this cause should be paid and in what proportion or amount to each.  I would respectfully report that after fixing the 18th of Dec. 1882 and giving notice thereof the parties and their attorneys:  I proceeded to take proof and state the said account and find that Jno. D. Fry received the sum of six hundred dollars proceeds of sale of a negro man some time before the war from the widow E. B. Fry with which he should be charged under provisions and directions of the will of said C. Fry and that said Jno. D. Fry will therefore be entitled to no interest or share in the proceeds of the sale of the 207 acres of land and that said proceeds of said land should be paid to the other five children or representatives of deceased children of the said C. & E. B. Fry dec'd viz: 1st Amanda Estell a daughter who being dead is represented by three children Clifton, William and Robert Estell.  2nd Mary Barrow  3rd Rebecca Davis a daughter who being dead is represented by a son James C. Davis & two grandchildren named (left blank)   Robinson.  4th  Mrs Mildred Chapman now dead, leaving husband Wm. A. Chapman and four children, Cliffy,

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John, Amanda, and Sallie Chapman.  5th Mrs. Ann Patterson.
That the land having sold for $1966.50 one fifth would be 393.30 gross - from which costs and expenses of this suit are to be deducted.  Respectfully submitted Dec 19th 1882 O. H. Foster Clerk which being seen and unaccepted to is in all things confirmed, the Clerk after paying the costs of this cause and claims heretofore adjudicated and Attys. fees will distribute the net fund to the parties entitled there to as shown by said report.

W. R. Tomkins et al vs. Mary V. Rayl et al
This cause was this day hard upon the report of the Commissioners heretofore appointed and empowered to divide the lands of Joel M. Tomkins dec'd; in this cause, which said report is as follows:
The undersigned Commissioners duly qualified in obedience to an order from the Hon. County Court of Sumner County have proceeded to partition the following portion of the real estate of Joel M. Tomkins dec'd to wit; The 26 acres in the forks of the Hartsville and Scottsville pikes and the lot No. 2 of partition of J. R. A. Tomkins dec'd real estate making four lots as follows to wit -
Lot No. 1 (the 26 acre lot)
Beginning at V. H. Allans S. W. corner in the Hartsville pike thence with said pike N. 86 degrees W 32 84/100 chains to the intersection with the Scottsville pike, thence with middle of the latter N. 37 degrees E. 5 chains, thence with middle of the latter N. 37 degrees E 5 chains, thence N. 77 3/4 E 30 60/100 chains to Allens line thence S.1 degree W 12 80/100 chains to the beginning containing 26 acres.
No. 2
Beginning at the middle of the Scottsville pike N. E. corner to J. M. Tomkins Jrs. lot running thence with the same N 66 3/4 degrees W 12 65/100 chains to planted rock John Tomkins S. E. Corner, thence N. 2 degrees W 28 82/100 chains to the middle of a water gap Wallaces (now Wilkersons) corner, thence up the creek

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4 15/100 chains, thence S 48 1/4 degrees E. 26 81/100 chains to the middle of the pike thence S. 37 degrees W with the pike 18 64/100 chains to the beginning containing 45 acres 3 Roods 17 perches.
Lot No. 3 including barns
Beginning at the middle of the creek corner to No. 2 running thence S 48 1/4 degrees E 26 81/100 chains to the Scottsville Pike (passing a small oak in horse lot fore and aft) thence N. 39 degrees 18 74/100 chains to a point in the middle of the pike near and east of the Toll Gate, thence N 58 1/2 W 23 1/2 chains to the middle of the branch in the Wallace (now Wilkersons) line at a point N 82 degrees W 47/100 chains from a leaning white ash marked as pointer thence with meanders of the creek to the beginning containing 43 acres 1 Rood & 1 Perch.
No. 4 including Wilson house
Beginning in the middle of the Scottsville Pike at a pint east of Toll Gate and S. E. corner of No. 3 thence with the pike N 39 degrees E 21 06/100 chains to the South boundary of the Bell now Munday line thence N 88 degrees W 9 14/100 chains to a large elm, thence N 1 1/2 degrees E 21 3/4 chains to Mrs. Wilsons corner on J. T. Carters line thence N 89 1/2 degrees W 4 chains to Wallace corner on Mrs. Wilsons line in middle of branch, thence with the meanders of the Branch to a point in the branch corner to No. 3 and N. 82 degrees W 47/100 chains from a leaning white ash thence S 58 1/2 degrees E 23 1/2 chains to the beginning containing 56 1/2 acres which we consider equal in value each lot to each other lot.  The parties interested being present we proceeded in the usual manner to allot the different lots to legatees with the following result:
W. R. Tomkins drew lot No. 3
John A. Tomkins drew lot No 4
Mrs. Mary V. Rayl drew lot No 2
Joel M. Tomkins Jr drew lot No 1

We would respectfully report that we deem it impracticable to divide the 241 acres of Ridge land to do justice to each of the legatees and respectfully suggest that it will be to the interest

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of the legatees to sell the same for partition.  We also direct that the rail fence running N. westerly from the large barn near the line between lots no. 2 & 3 shall be put upon the line as a partnership fence.  Also that the fence running N. easterly through lots No. 3 and 4 shall be put upon the line between said lots as a partnership fence.  All of which is respectfully submitted
Dec. 16th 1882
Jno. T. Carter
W. M. Stewart        Commissioners
D. F. Barry
William Calgy
J. A. Nimmo
Special Surveyor
Joe Rayl                Chain bearers
Bob Turner
which being seen and fully understood and being unaccepted to is in all things confirmed, it is therefore ordered; adjudged and decreed that all the right, title, claim and interest which Joel M. Tomkins dec'd had and W. R. Tomkins, John A. Tomkins and Mary V. Rayl and husband have as heirs of said Joel M. Tomkins dec'd in and to Lot Number one of said division of said Commissioners containing twenty-six acres according to the metes and bounds of the above report be and the same is hereby divested out of them and the title thereto is hereby vested in Joel M. Tomkins Jr. and his heirs forever; and that all the right title claim and interest which Joel M. Tomkins sen dec'd had and W. R. Tomkins, Jno. A. Tomkins and Joel M. Tomkins Jr. as his heirs at law have in and to said Lot number two of said report and division by said Commissioners containing forty-five acres three roods and seventeen perches according to the metes and bounds thereof as set out in the above report be and the same is hereby divested out of them and the title thereto is hereby vested in Mary V. Rayl and her heirs forever to her sole and separate use, and that all the right title, claim and interest which Joel M. Tomkins Sen. dec'd had and that John A. Tomkins

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Joel M. Tomkins Jr. and Mary V. Rayl and husband as his heirs at law have in and to said Lot Number Three of said report and division by said Commissioners, containing forty three acres one rood and one perch including barns there on according to the metes and bounds thereof as set out in the above report and the same is hereby divested out of them and the title thereto is hereby vested in W. R. Tomkins and his heirs forever, and that all right, title, claim and interest which Joel M. Tomkins dec'd had or which W. R. Tomkins, Mary V. Rayl and husband and Joel M. Tomkins Jr. as his heirs at law have in and to said Lot Number Four of said report and division by said Commissioners containing fifty six and one half acres according to the metes and bounds of the above report be and the same is hereby divested out of them and the title there to is hereby vested in said John A. Tomkins and his heirs forever.  It is further appearing from said report that it is impracticable to divide the Ridge tract of 241 acres and that it is manifestly for the interest of all the parties that said land should be sold instead of being divided and that said land should be divided into three parcels for sale as set out in J. A. Nimmo's deposition.  It is ordered adjudged and decreed that O. H. Foster as Clerk and Special Commissioner advertise and sell said Ridge tract offering the same in three tracts as explained in Nimmo's deposition requiring ten per cent cash and balance payable in equal payments at twelve and eighteen months with interest taking notes and good personal security and lien retained.  He will advertise said land by printed hand bills for twenty days at the Court House n Gallatin and in neighborhood of the land and report said sale to this court at subsequent term.
This cause will

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be retained for further orders.
The Clerk will certify a copy of this decree for registration upon application of any of the parties and payment of costs there of.

Ordered by the Court that J. A. Nimmo be appointed administrator of all and singular the goods and chattels rights and titles & credits of Henry S. Austin, dec'd.  Thereupon came into open Court said J. A. Nimmo together with his sureties James J. Turner and J. A. Trousdale and entered into & acknowledged their bond to the State of Tennessee in the penal sum of Five Thousand Dollars conditioned as the law required and said J. A. Nimmo as Administrator aforesaid was duly qualified and Letters of Administration were ordered to issue to said J. A. Nimmo.

Nothing further apearng Court adjourned until Court in course.


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