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Hardy H. Perry et al vs. Jesse Garrett et al, 1844

 

Transcribed by Linda Carpenter

©2004

Sumner County Loose Lawsuits, Case #7622

To the Honorable Terry H. Cahal Chancellor of the Middle Division of the State of Tennessee holding the Chancery Court at Gallatin. The Bill of complaint of Hardy H. Perry and Sarah F. Perry, William M. Perry, James G. Perry, Mary J. Perry, and Susan G. Perry minors & by their next friend and guardian the said Hardy H. Perry, citizens of the county of Sumner and State aforesaid, filed in the Chancery Court at Gallatin against Jesse Garrett, John B. Walton, Timothy Garrett & William Walton citizens of the said county & said State aforesaid, humbly complaining your orators would show your Honor that their father Norfleet Perry, at his late residence in the county and state aforesaid on the _ day of _ 1833 departed this life intestate leaving your orators and Elizabeth Perry his wife (who is now dead) his only heirs and distributes; and that upon the _ day of 1833 the said Jesse Garrett and John B. Walton appeared before the County Court of Sumner County and state aforesaid and were duly qualified as administrators of the estate of the said Norfleet Perry dec'd and entered into bond for the faithful performance of all their duties as such administrators and the said Timothy Garrett & William Walton there in open court became bound & the security of the said administrators as aforesaid for the faithful discharge of all and singular their duties as such administrators as aforesaid ( A copy of which bond is herewith filed marked ("A") and prayed to be taken as part of this Bill.) whereupon the said Jesse Garrett and John B. Walton entered in and upon their duty as administrators as aforesaid; and as they were by Law and in duty bound to do, did on the _ day of _ 1833 advertise the perishable property belonging to said estate for sale, and agreeably to said notice the same was sold and a return made thereof as your orators are informed and believe which is now a matter of record in the County Court Clerk's Office of Sumner County and State aforesaid. A copy of which will be produced  upon the hearing of this cause if the same shall be deemed necessary, which return shows the sale of said property as your orators are informed and believe to have amounted to showed the sum of twelve hundred dollars or upwards which has not been accounted for by said administrators, but still remains in their hands to be accounted for with interest from the time that the notes & fell due and became payable according to the terms of said sale. Your orators would also show your Honor that the said administrators received as your orators are informed and believe a considerable amount of bills, notes and accounts or evidences of debt belonging to the estate of Norfleet Perry dec'd amounting in all to about the sum of one thousand dollars for which they are accountable together with some sums of money found in the possession of the said Norfleet in his decease the amount not precisely known but believed to have been amply sufficient to have paid all the debts which were owing by the said Norfleet at the time of his death, which should also be accounted for by said administrators as aforesaid, upon rendering this account with said estate.

Your Orators would state that the said Norfleet died seized and possessed of considerable real estate consisting of about six hundred and ten acres of land divided into some two or three tracts with about two hundred acres thereof in a state of cultivation, lying and being situated in the county and state aforesaid on the waters of Manskers Creek, which lands have been taken possession of and rented out and the rents and profits therefore received by the said administrators which ought to have amounted to about the sum of two hundred dollars per year, for all of which rents and profits they should be held to account for in a settlement with said estate. Your orators would show that the said administrators received and took into their possession the following negroe slaves belonging to said estate to wit: Isaac a negro man who was in consequence of their being unable to manage him so far as to make him profitable to said estate on the day of_1834 or 1835 sale for about the sum of four hundred dollars which was then received by the said administrators and is now in their hands for which they should be held accountable for together with all the interest that may have accrued upon same, they also received and took into their possession Stephen a negro boy and hired him for about the sum of one hundred dollars per year; also the following women and children which have produced but little or no profit to wit: Maria, Lemons, Isham, Alford, Susan (the daughter of Lemons) Milly, Jane, Elizabeth, Huldy, Dave, Philip, Daniel, and Susan (the daughter of Maria) over whom they have had entire control ever since until the said H. H. Perry was appointed the regular guardian of the said minors which was done on the day of _ 1844 when they delivered up the possession of said slaves to the said Hardy H. Perry Guardian etc. as aforesaid. Your orators would show that their mother the said Elizabeth Perry departed this life on the _ day of __ 1839 without ever having had dower out of the said estate and consequently the same still remains all together. Your orators are informed and believe and so charge that the said Garrett & Walton as administrators as aforesaid have not as yet made other returns or settlement to or with the County Court as they were required by the Law in such case made and provided, than that of the returns of the sale of the perishable property above attended to although often requested and urged so to do, but they the said administrators as aforesaid have hereunto wholly neglected and refused to render any account of their administration whatever not withstanding they were bound by law and the solemnity of an oath to render an account thereof upon oath at the expiration of two years from the time of their qualification as aforesaid, and to pay over the money and give up the property belonging to said estate to the County Court and to some one who might be duly qualified to resume the same.

Therefore in consideration of the premises your orators pray your Honor to make the said Jesse Garrett, John B. Walton, William Walton and Timothy Garrett parties defendants to this Bill and that they answer the same according to the rules of a Chancery Court, and that they upon their corporal oath answer each and every of the allegations herein contained in as full and ample manner as though the same were severally sepriated and they interrogated as to each one separately. And that the said Jesse Garrett and John B. Walton upon their oath render an account of their administration of the estate of the said Perry dec'd; also the amount of money they found in the possession of said Perry, the amount of all bills, bonds, notes and accounts, and evidences of debts, chosen in action belonging or appertaining to said estate of every name, kind, and description that may have, or ought to their knowledge to have come to their hands as administrators as aforesaid, the time when the same come to their possession the amount of each the date thereof, and the time each fell due and if collected when, and if not the reason why; also the amount of all monies they may have received or ought to have received from the rents and profits of the real estate and when the same was received and what the same rented for each year, and whether the same has been rented out all the time and if not why. And also the amount of all monies they may have received in consequence of the sale of any slave or slaves belonging to said estate, the time when the same was received and the amount thereof; and all monies that they may have received arising from the hire of any or all of said negroes; and also that they discover any property or effects (If any then be) belonging to said estate which may not be mentioned in this Bill; in what the same consist, where the same may be found if they have or have had possession thereof, and if they have not the reason why. And that subpoena may issue commanding & directed have and for such other and further relief as in equity and good conscience your orators may be entitled to. And as duty bound they will ever pray etc. Whitworth & Hollingsworth, Sol. for Complainants

I acknowledge myself the above named compts security to the defendants in the penal sum of two hundred and fifty dollars considered for the prosecution of the forgoing bill certified of fact and the payment of all the costs. Witness my hand and seal this 26th March 1844. D. Hunter (Seal) 


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