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Sumner County Clerk Minutes
October Term, 1887

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

Transcribed by Jan J. Barnes
©2004

Page 446

Be it remembered that on Monday morning Oct. 3rd 1887 the same being the first Monday in said month the Hon. County Court of Sumner County Tennessee met at the Court House in the town of Gallatin Tenn. the same being the place and time fixed by law for the holding of said Court.  Present and presiding the Hon. O. H. Foster Chairman etc. where the following proceedings were had to wit - and the following named Justices were entitled to per diem:
(*All per diem amounts were $1.50)
Griffin G. W.   Edwards, William
Mitchener, J. N. Elliott Milus
Harrison, J. E. Knight, W. C.
Patterson, W. C. Dobbins, M. H.
Patterson, J. A. Gilmore, J. W.
Guthrie, G. A. Chipman, G. W.
Dismukes, W. C. Black, E. W.
Blakemore, D. C. Coley, J. F.
Foster, O. H. Dinning, A. B.
Bush, E. T. Ray, Hampton
Anderson, James Barber, D. W.
Doxey, S. R. Honeycutt, H. A.
Crunk, J. B. Parham, Alex
Utley, S. M. Searcy, R. C.
Guthrie, Jno. M. Read, W. B.
Montgomery D. A. Bumpus, J. T.
Sutton, C. M. Hassell, M. J.

Ordered by the Court that the following pauper appropriations be and are hereby made and allowed a majority of the Justices mentioned in the caption voting thereon to wit:  (See Poor House Records, 1886 - 1887).

Page 447

Ordered by the Court a majority of the Justices voting therefor that the following Bills Cost be allowed to wit:
Hassell Bros.   - Goods for Poor House
J. H. Terry Sheriff    -   Cash for Election Ticket
Robert Beebe?  -  Goods to Jail Hands
A. A. Lewis & Sons  - Advertising elections
Boyers & Ruswurm  Advertising elections
Harris Brown Clerk Ex. Of'co
John N. Terry Sheriff  Ex Of'co
John H. Terry Sheriff  Holding Election
Harris Brown Clerk Making out Tax Books 1887
Harris Brown Clerk Making out Delinquent Tax Books 1884 - 86
E. T. Bush Chairman pro Term
D. K. Spillers  Repairs on Court House

J. B. Echolds and J. P. Frakes C. S. C's having received a majority of the votes cast are duly elected as officers to wait upon October Term of 1887 Circuit Court of Sumner County.

Ordered by the Court a majority of the Justices voting therefor that the occupants of the farm of J. B. Alexander in Civil District No. 10 be exempt from public Road duty, it appearing to the Court that they keep in condition a road leading from the Hartsville Pike through said farm to the Scottsville Pike, and said Road has been declared a public County Road.

Ordered by the Court a majority of the Justices voting therefor that R. K. Gillespie, Tax Attorney for the State & County for delinquent taxes from 1884 - 1885 - 1886, give to Bates Dye and Clark Brown a receipt for their County Tax in his hands for collection, it appearing satisfactory to the Court that the said Bates Dye and Clark Brown have once paid the same and held receipts which are now lost or misplaced.

It appearing to the Court that the heirs of Samuel Nickelson Dec'd paid the taxes on property exempt by the County for some years during the period of said exemption, be allowed a Credit on their

Page 448

taxes in the future, until amount erroneously paid is canceled all the Justices voting therefor.

Ordered by the Court that the Tax payers of Sumner County Tennessee be allowed to pay one half their Highway Tax for the year 1887 in work on public Roads a majority of all the Justices voting "Aye".

Ordered by the Court a majority of all the Justices voting therefor that the Voting Precinct of Cairo in the County be abolished as to School elections, but as to said elections only.

Ordered by the Court that the motion of Justice directing that the Attorney General be notified to take legal steps as the law directs to enforce the collections of all sums due the County from delinquent Officers, be "received and filed".

Ordered by the Court upon call of the roll, a majority of all the Justices voting therefor, that the property known heretofore as Walton Mills now known as the Ajax Mills be exempt from payment of County Tax for three years beginning with the years 1887 and ending with and including the year 1889.

It appearing satisfactory to the Court that Isaac Blythe Col. of Civil Dist. No. 14 Sumner County has paid certain Taxes now held against him in the hands of Delinquent Tax Attorney, R. K. Gillespie, and once held the receipt for same, which is now lost or misplaced.  It is ordered by the Court, a majority of the Justices voting "Aye" that R. K. Gillespie Attorney aforesaid execute to have "Isaac Blythe" a duplicate receipt for same, for County tax.

M. J. Hassell, H. F. Suttle and James Anderson having received the unanimous vote of all the Justices present are duly elected as Commissioners of the Poor for the year beginning Oct. 3rd 1887.

Page 449

Ordered by the Court that the following named persons be and they are hereby exempt from public road duty and the payment of poll tax for year 1887 viz:
a majority of the Justices voting therefor:

J. R. Daoughthy a citizen of the 12th Civil District
T. H. Higgarson a citizen of the 9th Civil District
James Loval a citizen of the 15th Civil District
Jno. C. Fraser a citizen of the 13th Civil District
Geo. Baldridge a citizen of the 15th Civil District
J. R. Durham a citizen of the 13th Civil District

Ordered by the Court all the Justices voting therefor that the following named persons be and they are hereby appointed Jurors for the October Term 1887, of the Circuit Court of Sumner County, Tennessee viz:
District No. 1  F. C. Mitchener
District No. 2  W. C. Patterson
District No. 3  A. M. Baber and M. Whiteside
District No. 4  C. E. Boddie
District No. 5  Wm. Franklin of Hendersonville
District No. 6  R. H. Cantrell
District No. 7  W. B. Kirkpatrick
District No. 8  J. B. Hassell
District No. 9  C. E. Douglass & W. P. Baker
District No. 10  J. R. Barry and A. Milliken
District No. 11  Sanel Stallcup and G. W. Chipman
District No. 12  S. W. Davis and Bur Carter Sr.
District No. 13  Thos Sherron and Vinson Bradley
District No. 14  H. A. Honeycutt and W. C. Ausbrooks
District No. 15  T. W. Wright and Martin Link
District No. 16  Henry Newman and William Bradley

Ordered by the Court a majority of the Justices voting therefor that the motion of Justice S. M. Utley, requesting an appropriation of One Hundred Dollars to the building of the bridge across Mansker's Creek at or near Goodlettsville be laid upon the table.

Ordered by the Court a majority of all the Justices voting "Aye" that the following report of the "Poor House Commissioners" for the year ending October 3, 1887 be received by the Court, adopted and filed and entered at length upon the Minutes of this Court to wit:   Poor House report from pages 450 - 451.

Page 451

Ordered by the Court that Mrs. B. J. Garrett be and she is hereby appointed Administratrix of all and singular the goods and chattels, rights and credits of the estate of R. L. Garrett, deceased.  Thereupon the said B. J. Garrett together with her securities A. B. Dinning, and H. F. Suttle appeared in open Court and entered into and acknowledged their bond payable to the State of Tennessee in the penal sum of Eight Hundred Dollars conditioned as the law directs, and the said B. J. Garrett as Administratrix was duly qualified and the Clerk ordered to issue her letters of Administration.

Ordered by the Court that Henry McDowel be and he is hereby appointed Administrator of all and singular the goods and chattels, rights and credits of the estate of Charlotte Williams, Decd.  Thereupon the said Henry McDowell together with his securities A. B. Dinning and W. A. McGlothlin appeared in open Court and entered into and acknowledged their bond payable to the State of Tennessee in the penal sum of Eight Hundred Dollars conditioned as the law directs

Page 452

Henry McDowell as Administrator aforesaid was duly qualified and the Clerk ordered to issue him Letters of Administration.

It appearing to the Court that W. R. Tomkins who was nominated Trustee in a deed of assignment made by W. D. Green on September 19th 1883 and who accepted the same and was qualified as said Trustee has died; It is ordered by the Court that D. B. Anderson be and he is hereby appointed as said Trustee vice W. R. Tomkins dec'd.  Thereupon the said D. B. Anderson together with his securities, J. W. Blackmore & J. J. Turner, appeared in open Court and entered into and acknowledged their bond payable to the State.

It appearing to the Court that W. R. Tomkins, who at a former term of this Court qualified as Trustee of W. D. Green, under a general assignment made by said Green on the day of Sept. 19th 1887 and recorded in Book No. 35 R. O. S. C. is dead and that said Green and all parties interested in said deed of trust consent to the appointment of D. B. Anderson as Trustee of said Green in the room and stead of said Tomkins dec'd, it is therefore ordered the said D. B. Anderson be and he is hereby appointed Trustee of the said W. D. Green in the room and stead of said Tomkins, decd under said deed of trust and thereupon the said Anderson was sworn according to law and entered into bond as required by law in the penalty of Two Thousand Dollars payable to the State of Tennessee with J. J. Turner and J. W. Blackmore securities which is approved by the Court and ordered to be recorded.

A written communication from the Chairman, O. H. Foster, was read in open Court, communicating to the Court the action taken by said Chairman in the filing of certain bills in the Chancery Court of Sumner County Tennessee vs. the C and N. R. R. Company and the employing of W. D. Dismukes as attorney for the

Page 453

County to prosecute said suits, upon the reading of which the action of the Chairman was approved and endorsed by a unanimous vote of all the Justices present, and received by the Court and ordered filed.

Nothing further appearing Court thereupon adjourned until Thursday morning October 6th, 1887.
O. H. Foster, Chairman

Thursday morning October 6th 1887 the worshipful County Court of Sumner County met pursuant to adjournment Present and presiding the Hon. O. H. Foster Chairman when the following proceedings were had to wit:

We the undersigned Commissioners this day proceeded and laid off the Homestead as directed by the Court for Cindarella May the widow of William May deceased.  We found that there was but 66 2/3 acres of land being all outside of lands sold previous to William May's death, and we have valued the same at $350.00 Three Hundred and fifty dollars.  All of which we give to Cindarella May as her Homestead; which lands are the lands she now resides on.  We are unable to find any thing to allow for Dower as ordered by the Court.
Respectfully submitted, this Aug. 2nd 1887
Geo. Rodimer
J. W. C. Bryant
W. L. Hadley
We the undersigned householders after being duly sworn have proceeded to set apart to Cindarella May widow of William May deceased so much of the crop and provisions and money on hand or other assets as may be sufficient in our opinion to support her and her family one year from the death of her said husband.  We set apart to her for said purpose the following articles to wit:
All the articles enumerated on page 1st and schedule A amount being $29.75.

Page 454

Schedule A Page 1
List of property found over and above the exemptions of the estate of William May Dec'd.
One small bed and clothing $1.00.  One kitchen Safe Two plows $1.00.  One Wash pan 10 cents One water Can 20 cents one Pine Bucket 15 cents One one year old steer $6.00 One Two year old bull $12.00 Two grubing hoes 50 cents Three tin buckets 40 cents One Chamber 25 cents One sugar chest $1.00 One Wash board 15 cents Two sad irons 50 cents One Foot keeler 20 cents Two split baskets 50 cents One Dish pan 25 cents One Ten Gal lard stand 75 cents Four Jars & Crocks 5 gal 25 cents Two dippers 10 cents One shovel 25 cents One broken lantern 20 cents One brass lamp 10 cents Two coffee mills 60 cents One half bushel measure 25 cents One blacking brush 10 cents One Jug 10 cents One oil can 25 cents One Tea kettle 20 cents Ten Bushels of Green apples 1.50.  Total amount $29.75.  And as much or all of the two notes as described on schedule B on page 2nd herewith attached as will make up the amount allowed for the Twelve months support, which we allow Two Hundred dollars.  The two notes described on Schedule B we value on a Cash basis at eight cents on the dollar.
The following described two notes are held and in the hands of Cindarella May the widow of William May dec'd.  "Copy"
On or before the 25th day of Dec. 1885 I promise to pay to William May One Hundred dollars it being the 2nd note on a tract of land of fifty acres which the land stands as security This Dec. 29th 1882.
Signed                           William H. May
The following is a copy of credit on back of the above note Received on the within Note Fifteen dollars and thirty cents.
The following is a copy of last note.
On or before the 25th day of Dec. 1886 I promise to pay William May One Hundred dollars it being the last payment on a fifty acre tract of land this Dec. 29th 1883.  signed William H. May
This Aug. 2nd 1887
Geo. Rodimer    }
J. W. C. Bryant  }
W. L. Hadley      }   Commissioners

Page 455

B. F. Myers & wife et al vs. Ken Reasoner
In this Cause it appearing that the Clerk offered the land mentioned and described in the pleadings at public sale on the 7th Sept. and no bid was made for the same.  It is therefore ordered and decreed by the Court that the Clerk of this Court will receive private bids for the same and the same will be left open until Friday Oct. 7th at 12 o'clock M. 1887 and report to the Court what the highest and best bid for the said land is.

B. F. Myers and Jesse F. Joyner being named in the will of W. B. Joyner Decd., which will was probated at a former term of the Court, as Executors of same and excused under said Will from giving any bond as such, this day, appeared in open Court Jesse F. Joyner renouncing the same when it is ordered by the Court that Letters Testamentary issue to the said B. F. Myers he having accepted the same and the said B. F. Myers as Executor aforesaid was duly qualified.

Nothing further appearing Court thereupon adjourned until Monday morning October 10th 1887.
O. H. Foster Chairman

Page 456

Monday morning October 10th 1887 the worshipful County Court of Sumner County met pursuant to adjournment Present and presiding the Hon. O. H. Foster Chairman when the following proceedings were had to wit:

The Clerk this day presented final settlement had with R. S. Blankenship Administrator of S. B. Blankenship Dec'd which is received by the Court and ordered recorded in Minutes of Inventories and Settlements.

The Clerk this day presented an Inventory and partial settlement had with J. W. Blackmore Administrator of the estate of George Crocket Decd. which are received by the Court and ordered recorded in Minutes of Inventories and Settlements and it further appearing to the Court from said settlement that the Administrator can not at this time make final settlement of said estate.  it is therefore ordered by the Court that the Administrator be allowed further time to settle same.  He will make his final report and settlement with this Court as early as practicable.

B. F. Myers & Wife et al vs. Ken Reasoner - Decree confirming sale
This cause came on to be heard again before the Hon. County Court upon the report of the Clerk & Comr.
B. F. Myers & wife et al vs. Ken Reasoner - Report of Clerk
In this cause I report that in pursuance of an order made referring the Cause to the Clerk to hold for and receive private bids on the lands offered for sale in the Cause until Oct. 7th at 12 o'clock M. 1887; that said order has been complied with and the bids on said lands were closed as directed precisely at 12 o'clock M. Oct. 7th 1887.  I further report that T. L. Lassiter's bid being $495.00 for the entire tract, was the highest and best bid

Page 457

I received for the same and the said T. L. Lassiter has paid into my hands the sum of $100.00 and executed to me his notes with interest from date as follows:  One note for $200.00 payable Jany 1st 1889; One note for $100.00 payable Jany 1st 1890, One note for $95.00 payable Jany 1st 1891, I further report that the terms are not as ordered by the Court but said terms were agreed upon by most of parties in interest and objected to by none and this changed in order to get the bid on land advanced to what it is.
All of which is respectfully submitted this Oct. 7th 1887
Harris Brown Clk & Comr.
Which being seen understood and unexcepted to is in all things confirmed.  It is further ordered and decreed by the Court that the Clerk will pay out of the funds on hand the Costs of this Cause and also the Attorneys fees.  He will pay to W. C. Dismukes Atty. for Complainants a fee of Thirty-five dollars, and to S. A. Wilson Guardian Ad Litem a fee of Ten Dollars.  The Cause will be retained in Court until all the purchase money is paid as collected to the parties in interest as mentioned and described in the Bill.

Nothing further appearing Court thereupon adjourned until Tursday morning October 13th 1887.
O. H. Foster, Chairman etc.

Thursday morning October 13th 1887 the worshipful County Court of Sumner County Tennessee met pursuant to adjournment present and presiding the Hon. O. H. Foster Chairman etc. when the following proceedings were had to wit:

Ordered by the Court that J. W. Blackmore be and he is hereby appointed Guardian of Charles L. Tomkins a minor heir of W. R. Tomkins Decd.  Thereupon the said J. W. Blackmore together with his securities Mrs. Ida Tomkins and J. A. Trousdale Attorney in fact for Reuben

Page 458

S. Payne of Knox County Tennessee appeared in open Court and entered into and acknowledged their bond payable to the State of Tennessee in the penal sum of Fifteen Thousand Dollars conditioned as the law directs and the said James W. Blackmore as Guardian aforesaid was duly qualified and the Clerk directed to issue to him Letters of Guardianship.

The Clerk this day presented a final settlement had with W. L. Harper as Administrator of the estate of Mrs. E. C. Harper Decd. which is received by the Court and ordered recorded in Minutes of Inventories and Settlements.

State of Tennessee
vs.          Bastardy
Emery Hanna Col.
This Cause came on to be heard before his Honor O. H. Foster Chairman on Tuesday October 4th 1887 where after hearing the same upon the proof before Court the said charge of the State against Emery Hanna Col. is sustained and it is ordered by the Court that the said Emery Hanna Col. secure to the Commissioners of the Poor for Sumner County the payment of the sum of $35.00 for the support of the child of which he is adjudged father, payment of which to be made as follows, $20.00 the first year, $10.00 the 2nd year and $5.00 the third year.  Thereupon it is moved by the Court by Council to appeal from said judgment to the next term of the Circuit Court in Sumner County the right of which is granted upon execution of bond for faithful prosecution of same.
This order should have been entered the date above given but was neglected and is not entered nunc pro tense?
Nothing further appearing Court thereupon adjourned until Tuesday morning October 18th 1887.
O. H. Foster, Chairman etc.

Tuesday Morning October 18th 1887, the worshipful County Court of Sumner County met pursuant to adjournment, Present and presiding the Hon. O. H. Foster, Chairman etc. when the following proceedings were had to wit:

Mrs. B. J. Garrett widow of R. L. Garrett Decd this day applied in person to this Court for the appointment of Commissioners to set apart to her Homestead and Dower to her out of the real estate belonging to her deceased husband, where it is ordered by the Court that J. B. Hobdy and R. W. Bradley & J. M. McGlothlin free holders who after being duly sworn shall in conjunction with James Link, County surveyor, lay off and set apart to Mrs. B. J. Garrett widow of R. L. Garrett Dec'd out of the real estate of the said R. L. Garrett Decd a Homestead to the value of One Thousand Dollars and a dower out of the remainder of said real estate.  Said Commissioners will make their report as soon as practicable.

The last Will and Testament of J. M. Smart Decd. was this day produced in open Court and for probate duly proven by the oaths of J. W. Smart Sr. and G. L. Belcher two of the subscribing witnesses thereto, when it is received by the Court and ordered recorded.
J. W. Smart Jr. and J. M. Smart Jr. having been named in said Will as the Executors thereof this day together with their securities J. W. Smart Sr. & G. L. Belcher appeared in open Court and accepted the same and entered into and acknowledged their bond to the State of Tennessee in the penal sum of Five Hundred Dollars conditioned as the law directs and the said J. W. Smart Jr. and J. M. Smart Jr. as Executors aforesaid were duly qualified and the Clerk ordered to issue them Letters Testamentary.

Page 460

In the matter of the appointment of R. S. Payne of Knox County Tennessee as Guardian of W. R. Tomkins minor heir of W. R. Tomkins deceased and a resident of Sumner County Tennessee J. A. Trousdale Attorney in fact this day presents in open Court a certified copy of the appointment bond and Letters of Guardianship of the said R. S. Payne as Guardian aforesaid as appointed and qualified as such by the County Court of Knox County Tennessee which certified copy is received by the Court and ordered spread at length upon these Minutes and which is as follows:
State of Tennessee Knox County
We Reuben S. Payne and Joseph T. McLeen and W. W. Woodruff his securities are held and firmly bound unto the State of Tennessee in the penal sum of Fifteen Thousand Dollars.
Witness our hands and Seals this 12th day of October A. D. 1887.
The condition of this obligation is such that whereas the above bound Reuben S. Payne has been appointed Guardian of William R. Tomkins a minor, minor heirs of W. R. Tomkins deceased.
Now if the said Reuben S. Payne shall well and truly perform the duties which are or may be required of him by law as such Guardian then this obligation to be void otherwise to remain in full force and virtue.
Reuben S. Payne
Jos. T. McLeen
W. W. Woodruff
State of Tennessee Knox County
To Reuben S. Payne a citizen of Knox County
Whereas it appearing to the County Court of said county that William R. Tomkins is a minor and the Court being satisfied as to your right of the Guardianship of said minor and you having given bond and qualified according to law and the Court having ordered that Letters of Guardianship be issued to you

Page 461

you are therefore authorized to take into your possession for the use and benefit of said ward the profits of the lands tenements and heriditaments belonging to said ward and also the goods, chattels and other personal estate of said ward to bring such suits or actions in relation, thereto, as may be deemed necessary to return to the next Court after the date hereof a Statement of oath of all the estate which shall have come into your hands or possession; to exhibit annually to the Clerk of the County Court an account of the profits and disbursements thereof to return a new list of the estate of said ward two years from the date hereof to said Clerk and to renew your bond as such and to faithfully perform all the duties required you by law in relation to said Guardianship and upon the arrival at full age or sooner if required, make final settlement thereof; to deliver and pay to the person lawfully authorized to receive the same the residue of said estate including the profit arrising thereupon.  Herein fail not.
Witness Jno. W. Conner Clerk of said Court at office in Knoxville, the 12th day of October 1887, and 112 year of American Independence.
Jno. W. Conner Clerk
State of Tennessee
Knox County
I Jno. W. Conner Clerk of the County Court of said County do certify that the foregoing is a full true and perfect copy of the Bond and Letters of Guardianship of Reuben S. Payne Guardian of William R. Tomkins as the same appears of record in my office.
And I further certify that the securities for such bond are good and Solvent men and are each good for penalty mentioned in said bond.
Witness my hand and official seal this 18th day of October 1887.
John W. Conner Clerk
(Knox County Court Seal)

Page 462

State of Tennessee
Knox County
I R. A. Sterling Chairman and presiding Justice of the County Court of Knox County Tennessee the same being a Court of Record and having a Seal do hereby certify that Jno. W. Conner whose genuine signature appears to the above certificate is the Clerk of the County Court of said County duly elected and qualified and all his acts as such are entitled to full faith and credit.
Witness my hand and the seal of said Court at office in Knoxville
the 18th day of October 1887
R. A. Sterling Chairman

State of Tennessee
Knox County
I Jno W. Conner Clerk of the County Court of said County do certify that R. A. Sterling whose genuine signature appears to the foregoing certificate is the Chairman and presiding Justice of the County Court of knox County duly elected and qualified and all his acts as such are entitled to full faith and credit.
Witness my hand and official seal
October 18th 1887.
John W. Conner Clerk

Ordered by the Court that Reuben S. Payne a Citizen of Knox County Tennessee be and he is hereby appointed Guardian of W. R. Tomkins a minor heir of W. R. Tomkins deceased.  The bond of the said R. S. Payne as Guardian aforesaid heretofore given in open Court is approved by the Court and the said R. S. Payne as Guardian aforesaid is duly qualified and the Clerk of this Court ordered to issue him Letters of Guardianship.
Nothing further appearing Court thereupon adjourned until Thursday October 27th 1887.
O. H. Foster Chairman etc.

Page 463

Thursday morning October 27th 1887 the worshipful County Court of Sumner County Tennessee met pursuant to adjournment Present and presiding the Hon. O. H. Foster Chairman etc. when the following proceedings were had to wit:

The Clerk this day presents an Inventory and Account of Sales of the personal property of F. A. Taylor deceased as returned into Court duly sworn to by James Watkins Admr. of the said F. A. Taylor deceased which is received by the Court and ordered recorded in minutes of Inventories and Settlements.

The Clerk this day presents a final settlement had with R. M. White Executor of the estate of W. W. Walker deceased which is received by the Court and ordered recorded in Minutes of Inventories and Settlements.

In the matter of the appointment of C. E. Powell
Guardian of Anne F., Minnie and Carrie Powell
Whereas it appears to the Court now in session that Annie F. Powell Minnie Powell and Carrie Powell are minors and without regular guardian, and the Court being satisfied as to right of C. E. Powell to said Guardianship It is therefore ordered by the Court that C. E. Powell be and hereby appointed Guardian of Annie F. Minnie and Carrie Powell minor heirs of James A. Powell deceased.  Thereupon the said C. E. Powell together with his sureties T. J. Day and J. A. Trousdale appeared in open Court and entered into and acknowledged their bond payable to the State of Tennessee in the penal sum of One Thousand Dollars conditioned as the law directs and the said C. E. Powell as Guardian aforesaid was duly qualified and the Clerk ordered to issue him Letters of Guardianship.

In the matter of Mrs. Jennie V. Vaughn now Jennie V. Johns Guardian of M. Rosa & Mary O. Vaughn.
This day the said Jennie V. John & her husband I. G. John appeared in open Court and the said I. G. John together with his

Page 464

securities R. K. Gillespie, Mrs. Jennie V. John, and C. G. Harris in open Court entered into and acknowledged their bond payable to the State of Tennessee in the penal sum of Five Thousand Dollars conditioned as the law directs the same being a renewal of said Guardian Bond.

The Clerk this day presents his receipts from the State Treasurer & Comptroller & County Trustee for and in full of Revenue collected for the month of September 1887, which are received by the Court and ordered recorded in book of Settlements with County Officers.

Nothing further appearing Court thereupon adjourned until Saturday morning October 29th 1887.
O. H. Foster Chairman etc.

Saturday morning October 29th 1887 the worshipful County Court of Sumner County met pursuant to adjournment Present and presiding the Hon. O. H. Foster Chairman etc. when the following proceedings were had to wit:

William Gwin Guardian of Katie Watson et als.
On this the 29th Oct. 1887 William Gwin Guardian of Katie Watson, Ella Gwin and William J. Gwin, presented to the Court a transcript of the record of his appointment as guardian of Katie Watson Ella Gwin and Wm. J. Gwin by the Probate Court of White County State of Arkansas.  The Court approves said transcript and orders the same to be spread upon the Minutes of this Court and it appearing to the Court that Wm. Gwin lives in the State of Arkansas and that the said Katie Watson Ella Gwin and William J. Gwin are minors and are the children of Wm. Gwin and that they live in Arkansas the Court is of the opinion and so decrees that it would be for the interest of said minors that the fund belonging to them and due them from Johnson

Page 465

Gwin their Guardian in this County be paid over to Wm. Gwin Guardian in Arkansas.  It is ordered by the Court that Johnson Gwin Guardian of said minors pay over to Wm. Gwin all the moneys and assets in his hands as Guardian of said minors and take Wm. Gwin's receipt for the same.  It is ordered by the Court that Johnson Gwin pay the Costs of this proceeding out of the money belonging to said minors.
The said transcript is as follows:
State of Arkansas
County of White
Be it remembered that at Probate Court begun and held at the Court House in the town of Searcy in the County of White and State of Arkansas on Monday October 10th 1887 it being the second Monday of October and the time prescribed by law for holding the regular October term of the White Probate Court when and where was present and presiding the Hon. J. J. Bell Judge of said Court in and for said County and said Court having been proclaimed open and in session, the following among other proceedings were had and done on one of the days of said regular term to wit:  on Friday October 14th 1887
Viz:
State of Arkansas
County of White

To the Probate Curt of White County William Gwin petitioning for letters of Guardianship for Katie Watson, Ella Gwin and William J. Gwin minors of said County represents that the said minors have property coming to them that unless a Guardian be appointed there is Great danger of the same being lost or destroyed; That the said Katie Watson is sixteen years old; the said Ella Gwin twelve years old and the said William J. Gwin ten years old, and the said petitioner furthermore states that he will make a perfect inventory of and faithfully discharge the duties incumbered upon him as such Guardian according to law; That he will use his utmost endeavors to collect all dues and pay all debts that may

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be adjudged by a Court of competent jurisdiction against his said wards and where his Guardianship shall cease will pay over to the one duly authorized to receive the same all monies credits and affects that are in his possession belonging to his said wards.
signed                        William Gwin
Subscribed and sworn to before me this 12th day
of September 1887    L. G. Canfield Clerk
                                   By C. S. George D. C.
Endorsement    Petition of William Gwin for letters of Guardianship of Katie Watson, Ella Gwin and Wm. J. Gwin.
Filed Sept. 12th 1887.  L. G. Canfield Clerk by C. S.
George D. C.
Petition granted and ordered that Wm. Gwin be appointed Guardian of said minors this Oct. 12 1887.                                                                    J. J. Bell
In the matter of Guardianship of
Katie Watson, Ella Gwin and William J. Gwin Minors
On this day comes William Gwin and petitions this Court here for letters of Guardianship for Katie Watson Ella Gwin and William J. Gwin minors under twenty one years of age of White County Arkansas representing that said minors have property coming to them; That unless a Guardian is appointed there is great danger of the same being lost or destroyed.  Petitioner further states that he will make a perfect inventory of and faithfully discharge all duties incumbent upon him as such Guardian according to law.  And it appearing to the Court that it is necessary that a Guardian should be appointed for said minors for the purpose of collecting an Estate coming to them in the State of Tennessee and the Court being fully advised in the premises doth order that the said William Gwin be and he is hereby appointed Guardian of the said Katie Watson, Ella Gwin and William J. Gwin upon his filing a good and sufficient Bond as such Guardian.
Whereupon comes the said William Gwin and files his Bond as such Guardian in the

Page 467

sum of Twelve Hundred Dollars with J. G. Harrison and S. A. Watson as securities thereon and conditioned as follows, viz:  Whereas the said William Gwin was upon the 14th day of October 1887 duly appointed by the Probate Court of White County Arkansas Guardian of Katie Watson Ella Gwin and William J. Gwin.  Now if the said William Gwin shall faithfully discharge his duties as Guardian as aforesaid according to law and also the said William Gwin shall pay over to said minors according to law all monies received from other States then the above obligation is to be void otherwise to remain in full force and effect.  And said Bond being by the Court deemed good and sufficient the same is by order of the Court approved in open session and accepted as a part of the records and files of this Court in said Guardianship:  And it further ordered by the Court that the Clerk of this Court issue to the said William Gwin letters of Guardianship for said minors.
Bond  State of Tennessee
           County of White
We William Gwin as principal and J. G. Harrison and S. A. Watson as securities acknowledge ourselves indebted to the State of Arkansas in the penal sum of $1200.00 Dollars (double the value of the Estate and interest of said minors).
The foregoing obligation is upon this condition whereas the said William Gwin was on the 14th day of October 1887 duly appointed by the Probate Court of White County Guardian of Katie Watson Ella Gwin and William J. Gwin.  Now if the said William Gwin shall faithfully discharge his duties as Guardian as aforesaid, according to law and also the said William Gwin shall pay over to the minors according to law all monies received from other States then the above obligation to be void otherwise to remain in full foresaid on
This 14th day of October 1887
                      William Gwin
Signed           J. G. Harrison
                      S. A (his mark) Watson
Attest C. L. George

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Endorsed on                           Bond of William Gwin
Back of Bond                Filed Oct. 14th 1887 L. G. Canfield Clk.
                                                                         By C. S. George D. C.
Taken and approved by the Court this 14th day of Oct. 1887
                                                                        J. J. Bell Judge
State of Arkansas
County of White
To all to whom these presents shall come Greeting:
Know ye that whereas William Gwin has this day by the Court of probate in and for said County of White been appointed Guardian for Katie Watson Ella Gwin and William J. Gwin minors under the age of twenty one years by his entering into bond to the State of Arkansas for the use of said minors in the sum of 1200.00 And whereas the said William Gwin has this day filed his said bond in such sum to said State for the use of said minors which said bond stands approved by the Court.  Now therefore he the said William Gwin is hereto authorized and empowered to receive and collect all monies, property and effects now on hereafter may become due for his said wards and in general to do and perform all and singular the duties disolving upon him as said Guardian by law or that may be enjoined upon him by the lawful order sentence or decree of any ____ (faded) having competent jurisdiction.
In testimony whereof I L. G. Canfield County Clerk and Clerk of the Probate Court in and for the said County of white hereto set my hand and affix the seal of said Court at my office in Searcy on this 14th day of October 1887.
L. G. Canfield Clerk
By C. S. George D.C.
recorded this 14th day of October 1887
L. G. Canfield Clerk
By C. S. George D.C.
State of Arkansas
County of White
I L. G. Canfield County Clerk and

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Ex officio Clerk of the Probate Court of White County Arkansas do hereby certify the foregoing to be a true and correct transcript of the record of the Probate Court of said County of the appointment of William Gwin as Guardian of Katie Watson Ella Gwin and William J. Gwin.  And that said appointment is according to laws of Arkansas and the bond of said Guardian is conditioned as by the laws of the State as prescribed in the States as to the duties of Guardians.  And the Guardian and his bondsmen on securities are solvent and good for the penalty of the Bond given in the said Case.
Witness my hand and official
Seal this 18th day of October 1887
L. G. Canfield Co. Clerk

(The next two portions are certifications of the signatures of J. J. Bell, Judge and L. G. Canfield, County Clerk)

Page 470

A. B. Schell et al vs. H. A. Schell et al Decree
This Cause came on to be heard on the 29th day of October 1887 before his Honor O. H. Foster Judge of the County Court upon the report of the Clerk which is as follows:
A. B. Schell et al vs. H. A. Shell et al  Report
In this Cause I would report that after advertising the property described in the Bill, I offered the same for sale at Public outcry October 15th 1887 upon the terms prescribed by the orders of this Court and the highest bid for same was $1300.00 made by W. T. Suddarth.  I would also report that the said W. T. Suddarth has advanced his bid to $1325.00.  All of which is respectfully submitted this October 15th 1887.
Harris Brown Clerk
It appearing to the Court that the minimum price fixed on the property by this Court was Fifteen Hundred Dollars and that the property failed to bring that price it is ordered by the Court that the Clerk report from evidence what would be a fair price for said property and whether it would be manifestly to the interest of the parties concerned to accept the bid made by W. T. Suddarth for the property to wit $1325.00.  The Clerk will make his report as soon as practicable.

A. B. Schell et al vs. H. A. Schell et al

Page 471

This cause was again heard before His Honor O. H. Foster judge etc on this the 29th day of October 1887 upon the Clerks report which is as follows:
A. B. Schell et al vs. H. A. Schell et al Report of Clerk
In this Cause from the evidence of W. H. Joyner and F. D. Blakemore and T. H. King now on file I would report that it is manifestly for the interest of all parties concerned that the bid of W. T. Suddarth be accepted and that $1325.00 is a full and fair price for said property.  I further report that W. T. Suddarth has complied with the terms of sale by paying to me $445.00 and executing to me his two notes for $440.00 each payable in twelve and twenty four months with interest from date with J. A. Suddarth security & a lien retained for payment of said deferred payment.  Respectfully submitted this Oct. 29th 1887.  Harris Brown Clerk Comr.
Which being unexcepted to is in all things confirmed and it appearing to the Court that the property described in the pleadings after having been duly advertised had been offered for sale at public outcry and had failed to bring the minimum price heretofore fixed on it and it appearing from the evidence that $1325.00 is a full and fair price for the same and that W. T. Suddarth has paid to the Clerk in cash $445.00 and has executed his two notes each for $440.00 due respectively in one and two years with interest from date and it appearing to the Court that it would be manifestly for the interest of the parties to accept that bid of W. T. Suddarth.  It is therefore ordered and decreed by the Court that the minimum price of $1500.00 on said property be removed and that said bid of W. T. Suddarth be accepted and further appearing that W. T. Suddarth had complied with the terms of the sale at $1325.00.  It is ordered and decreed by the Court that the sale to W. T. Suddarth be in all things confirmed.  The property described in the bill is the same that was conveyed by

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Samuel M. Blythe trustee of S. F. Schell to Henry Schell on the 8th June 1859? (year faded).  Registered in book BB page 481.  It is ordered by the Court that the Clerk pay out of the cash received from Suddarth the cash accrued in this cause and the fee of B. F. Allen solicitor of the Complainant and the fee of J. A. Trousdale Guardian ad litem.  The Clerk will pay the balance of the cash and the notes as they may be collected to the parties entitled ___ (faded) in proportion to their several interests.

The Clerk of this Court will take charge of the real estate consisting of a farm of about 70 acres on the Longhollow road partly in the 4th District and 9th District known as the Mary J. Thompson farm and assessed in the 9th District and rent said farm and pay the net proceeds for the benefit of said Mary J. Thompson she having been adjudged as a woman of unsound mind.   The Clerk will settle with the Court.

Nothing further appearing Court thereupon adjourned until Thursday morning November 3rd 1887.
O. H. Foster Chairman etc.  


Sumner County, Tennessee Selected Court Records Index

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