Search billions of records on Ancestry.com
   

Robert E. Rhoads
vs
John W. Garrett
1842

Source:  TSL&A Microfilm A 5102
Loose Record #8030

Transcribed by Jan J. Barnes

© 2004

Robt. E. Rhoads
vs.                                        In Chancery
John W. Garrett

Defendant states that he was absent in the South from the 7th or 8th day of September 1842 so that he was not here at the last term of this Court and was not correctly informed of his agent what he was required to do by the decree of the last term of this Court until he returned herein on the 25th day of March last - and as soon as he could arrange his matters has filed with the clerk all the notes he now has belonging to his said wards together with $500 in money.  Deft. states that he is unable to file more of the effects of said estates - having been unfortunate in the person to whom he had lent the money.  They having parted and by which he has been much perplexed in trying to save the debts and for this purpose has had to use the balance of the means in his operations in the South and had expected to be able to meet their demand by the present Term of this Court but owing to the great difficulty of collecting at present has failed except as to this amount filed with the Master - he hopes in a few months to collect of the debts due him in the South - as to fully discharge all his liabilities in this case - he states that he has faithfully filed with the clerk - the effects which can be rendered available herein.  Defendt. further states that the means of said wards which he used as above stated, he so appropriated before the last term of the court - all of which was done with the intention to save said estate from loss on account of the failure of previous to whom most of the money was lent & to save defdt. and his securities as Guardian from loss - & which he has no doubt he will yet be able in a short time to do as before stated.
John W. Garrett
Sworn to before me
8 Apl 1843  W. M. Blackmore C & M

Lebanon 24th September 1838
A settlement with John W. Garrett Guardian of Robert C., Franklin E. & David R. Garrett minor heirs of David Garrett deceased.  Said Guardian was appointed by the County Court of Wilson County at December Term of said Court 1836.

A settlement was made by commissioners appointed by the County Court of said County on the 20th day of February 1837 in which included the rent of the plantation belonging to said heirs for the years 1836 & 1837 and the administrator was found to be chargeable at that time, after deducting the disbursements he had made with this sum $1030.80.
This settlement was reported to said Court at March Term 1837 & confirmed after allowing said administrator for his services this sum                                           $100.00
What's left the Admr. chargeable with this acct.    $930.80
$136.72 1/2 of the above sum was for the rest of the plantation in 1837.  It did not fall due until the last of that year.
deduct this from the above                                      $136.72 1/2
                                                                                  $894.08 1/2
The Guardian is entitled to credits for disbursements, viz
His appointment & bond 50 cents moving the negroes $3.00         $ 3.50
Paid Clerk & Register's fees & state tax on a deed                          1.66
Copy of Commissioners report certified                                               .50
Paid Doctor Bell                                                                                 15.00
Paid R. L. Caruthers atts. fee (Should have been paid by Admr.)  10.00
Paid R. M Burton's atts. fee                                                             10.00   $40.66
               Due 20th Febry 1837                                                                     $853.42
Interest to the first January 1838                                                                    42.67 
                                                                                                                       $896.09
The rent of the land for 1837 due 1st Janry 1838                                         136.72 1/2
The hire of the negroes due first January 1838                                            160.00
                                                                                                                     $1192.81 1/2

Amt. Brot. forward                                                                 $1192.81 1/2
due for the land March 15th 1837 with interest this
first of January 1837 amounts to                                              755.01
Paid Wm. Savely's note with Int. to first Jany 1838                  38.65
Paid Charles G. Watkins note with Int. Jany 1838                      5.75   $299.81
                                                                                                                    893.00
Int on this sum to 15th Febry 1838 1/2months                                             6.75
                                                                                                                    899.75
The Guardian Rec'd from George O. Askew Admr.
Of Wm B. Rhodes, of North Carolina, on which he is
chargeable with Interest from the 15th Febry 1838               $409.50
Deduct from this last sum his expenses
Copy of his Guardian bond with his certificate seal                    1.00
Chairman's certificate                                                                    .25
Recording the copy in North Carolina                                           .60
For recording Certificates of marriage amt.                                6.60
David Outlaw's att. fee in N. Carolina                                         5.00
The Guardians traveling expenses to:
North Carolina & back was                                                       36.00
Guardian services for going to for this money                         45.00  $ 88.45
                                                                                                                321.15
Makes this sum                                                                                    1270.90
Paid George Kealing Balance of note                                   $91.75
Paid Wm Savely Balance of his note                                       50.00
Paid Wall L. Paynes one note & one acct. amt.                      66.74
Paid Jesse Garrett Admr. of Norfleet Perry note                     5.90
Paid Sheriff for taxes 1837                                                         2.87
Paid Jones W. Locke, Thos. Glenn's account                           2.43
Paid R. M. Burton for filing Petition to sell land                     20.50
Paid James B. Elizers account                                                    1.50    191.69
This sum was due the three heirs 15th Febry 1838                             $979.21
Except the sum of money that has been paid for their Individual benefit.

Each heirs portion of this sum is $326.40
Robert Garrett's expenses
Paid for Board & Clothing Sept. 26th 1837
from July 22nd 1835 to Nov. 22nd 16 mo. 1836   $57.00
Int. on this sum to 15th Febry 1838                          1.43
His part of Clerks fee for settlement & copy            .66    $59.53
This sum due 15th Febry 1838                                           $266.87

Franklin E. Garrett's portion the same $326.40
Paid Sept 26th 1837 for his Board & clothing 16 mo.  $57.44
Int. on this sum to the 15th Febry 1838                            1.43
Paid for his board & clothing 15 months a/c.
to the 24th February 1838                                                37.50
His part of settlement & copy                                             .66   $  97.03
This sum due Franklin E 15th Feby 1838                                   $229.37

David R. Garrett's estate & expenses the same with Franklin E.

The Administrator of David Garrett made his settlement before he closed the Administration & his guardian has done a part of the business of the administrator and has been allowed credit for his vouchers as stated in this settlement.
Respectfully submitted this day & date above.
J. S. McClain Clerk
of Wilson County Court

I certify that the foregoing is a true copy of a Settlement this day made by me with the Guardian of the heirs of David Garrett deceased Sept. 24th 1838.
J. S. McClain
Clerk of Wilson County Court

State of Tennessee
Sumner County               I William S. Munday Clerk of the County Court of said Sumner County have this day settled with Jno. W. Garrett as Guardian of Robert C., Franklin E. & David R. Garrett, Heirs of David Garrett, Dec'd and find him in a/c as follows to wit:
To Amt Due Robert C. at last settlement Oct. 18th 1839   $438.72
To Amt. Interest on Land for 12 months                                  23.32
To Amt. of his portion of a second payment on land                73.81
To Amt. of Interest on Same                                                       4.42
To Amt. of Hire of Negroes for 1839                                        62.75
Cr.                                                                                            $603.02
1840 Interest on Same for 1840                                                 36.18
         To amt. of his portion of last payment on land                 72.72
         To amt. of Hire of Negro for 1840                                    68.36
Cr.                                                                                            $780.28
Pay Flack & Payne a/c                                                           $     3.25
Cash advance to ward                                                                 12.00
Cash advance for saddle                                                             17.00
Interest on Same                                                                             .43
R. C. Burtons Receipts & interests                                              3.46    36.14  
                                                                                                                $744.14
1841 To Interest on Same for 1841                                                          44.64
1841 To Negro Hire for                                                                             65.00
Cr.                                                                                                          $853.78
By Clerks fee for Settlement                                                                      1.50
                                                                                                               $852.28
1842 To Interest on Same up to 18th Feby 1842                                    17.04
Amt. Due Wards                                                                                   $869.32
1839 Amt. Due F. E. Garret Oct. 1839                                                $336.32
1839 amt. Interest on same for 12 months                                              20.19
   "    of his portion of second payment on Land                                      73.81
   "     " interest on land money                                                                   4.42
Amt. carried over                                                                                  $435.04

To Amt. brought forward                                                                      $435.04
 "    "     Hire of Negros for 1839                                                             62.70
Cr.                                                                                                          $497.79
By Elizabeth Perrys a/c for
Board Clothing etc.                                                                   50.00
James H. Coles a/c for tuition                                                    2.25
Interests on the above a/c                                                           2.48  $  54.73
                                                                                                               $443.06
1840
To Interest on Land for 1840                                                                   26.58
 " Negro Hire for 1840                                                                             68.36
Cr.                                                                                                          $610.72
By Frank & Paynes a/c                                                              9.38
By Timothy Garratts a/c for Board &
Clothing etc.                                                                              34.25
Jno. W. Carter for tuition                                                           5.25   $  48.88
                                                                                                               $561.84
1841 To interest on Same for 1841                                                          33.50
To Negro Hire                                                                                           65.00
Cr.                                                                                                           $660.34
By R. C. Burtons Receipts                                                    $ 3.46
By Jno. W. Carters " for tuition                                               5.65
  "         "        "            "                                                            4.40
  " Timothy Garrats a/c for Board
Making clothes etc                                                                  43.43
Clerks fee for settlement                                                          1.50    $  53.44
                                                                                                                 601.90

(Continuation of accounts and payments through 1842)

Amt. Due ward    $643.18
Sworn to and subscribed
before me this 18th Feby 1842
Wm. S. Munday, Clk
Jno. W. Garrett
Guardian

(Several accounts pages were listed; No significant information was presented other than money spent and received.)

Greensborough Alabama
November 16th 1841
Dear Sir
I now take this opportunity of dropping you a few lines that I am well at this time and I am in hopes these few lines may find you and my Relations enjoying the same, The contents of these few lines is to inform you a bout the Guardian Ship of the ars of David Garretts children when I left home I expected to get home by the first of January my Business is dull (done) here.  I now it is out of my Power to be at home at that time.  If you go up at the time you expected and the Court is willing to let you take the property without my being there I have now objections at it I can settle with you afterwards I can settle with you any time when I am at home this the business is so arranged I can settle with you any time when you come up.  Give my Respects to Calvin and the rest of my relatives.  I shall start to day to Montgomery in this state.  I have nothing more than I remain yours Ole
John W. Garrett

State of Tennessee     Best Remembered that at a County
Fayette County           Court began and held at the
Court house in the Town of Somerville on the 1st Monday in November 1840 it being the 2nd day of said month the following appeals of Record.  Court met according to adjournment present the Worshipful Lewis F.? Alexander, Isaac Williams, William Burton, Elijah Henly & William P. Palinis? Esquire Justices of the peace in and for Said County Nathanel Atkinson Sheff.  J. Koonce Clerk
On application to the Court it was ordered that Robert E. Rhodes be appointed Guardian to Robert C. Garrett, Frances F. Garrett & David Garrett minor orphans of David Garrett dec'd and thereupon came into open Court the said Robt. C. Garrett and chose the said Robert E. Rhodes to be his Guardian and the Said R. E. Rhodes Entered into Bond himself a principal and Gave T. K. Rhodes & S. W. Granberry as his Security in the Sum of Seven Thousand Dollars Condition as the law directs and was duly qualified as the law prescribes and Said Bond was Rec'd by the Court and ordered to be entered of Record.

And that his former Bond Given as Guardian herefore be null & void.

State of Tennessee  I Jamson Koonce Clk. of the
Fayette County        County Court of said County do certify (Seal placed over wording)
Dated Novmb. 2, 1841

The joint General answers of John W. Garrett, Benjamin S. Rutherford & Timothy Garrett to the Bill of Complaint filed against them in the Chancery Court of Sumner - Defendants saving or reserving or for answer unto complts. Bill or so much thereof as they are advised it is material for them to answer unto - answering say, they admit that the children Robert C., Francis F. and David Garrett are the children & distributees of David Garrett dec'd and that sd. David died in the county of Wilson as stated in the Bills; and that he left property in land & negroes the amount of which will be herein set forth.  Respondent John W. Garrett further answering says, that it is true as stated in the Bill that he was appointed guardian of said minors as stated by the county court of Sumner & entered into bond with his co defendants, his security with the usual conditions the final sum of $4500 but previous to this he had been appointed their guardian in Wilson County where he rec'd as such the greater part of their estates and upon the removal of said wards & other property to this county he was here appointed as before stated and was discharged from his said appointment in the county of Wilson, after having a full & complete settlement there, a copy of which is herein filed marked A & prayed to be taken as a part of this answer which shows every item of property or that had come to his hands and his disbursement up to that time.  The estate which came to his hands as guardian was a tract of land in Wilson County, the number of acres not now remembered and seven negros, to wit, Chancy, her four children - Edy & Willis and not Dick as stated in the Bill, who are worth as deft. supposes about $2500 and not $3500 as stated in the Bill - It is true that Deft. has had control of said negroes or guardian but it is untrue that he has had the use or benefit of them to himself in any way - they have been kept hired out for the best prices they would command, and the amount kept for the benefit of his said wards.  The land has been sold by Decree of the circuit court of Wilson County on a credit of 1 -2 & 3 years which was collected by the clerk of said court and paid over to defdt. after deducting the expenses of the suit which he has fully accounted for in his settlements as will be seen with interest annually as well as the hire of said negroes with amount rects. - the decree for the sale of said land will be filed upon the hearing of the cause which will show the time & amount more particularly than the defdt. is now able to do further than his settlements which are here exhibited all of which he had with Thomas Donoho Clerk of the County Court of Sumner & the other with Mr. Manley the present clerk which shows the true state and amount of said estate with the amount due to each ward which are herewith filed marked B & C or part of this answer.  Exhibit A will show that besides the land and negroes has he shown - $894 & 8 1/2 cents the Administrator often deducting expenses of Administrations of which is fully accounted for in his subsequent settlement with annual rects.  It is true that respdt. received from North Carolina a legacy for his said wards to wit the sum of $409.50 and not $500 as stated in the Bill - which he has also fully accounted for on settlement with annual rects. as will appear in said exhibits - It will be seen by reference to said settlements the amt. for which the negroes hired and the rent of their land until sold from year to year - Respdt admits that complt resides in Fayette County as stated & is the uncle of his wards and that Robt. C. is about the age of 15? (could be 10) years and repdt. understands lives with complt.  Respdt. wants here stated that Thomas Rhoads another uncle proposed to this respondent some 18 months or two years since that if he would allow him to live there that he would raise & educate him without charge to which respondent agreed & paid his traveling expenses there.  Defdt. John W. Garrett further answering says that he did agree that complainant might be appointed guardian of his said wards and that he would, when he was so appointed, deliver over to him their property which defdt. is still willing to do whenever he shall be legally appointed and gives the Bond & Security so that respondent may be discharged from further liability. Respondent is advised that an appointment by the county court of Fayette is void for want of Jurisdiction as much as said minors except Robert C. with their property are all in this county - & upon this ground only he refused to recognize Complt. as guardian.  Respondent is informed & believes this fact to be so that when Complt. applyed to the county court of Sumner as stated in this bill that the attorney of respondent proposed to him that if he would be appointed guardian here & give bond & Security in the county court of Sumner that his application would not be resisted which he refused to do in presence of sd. court whereupon the court refused to entertain further his application.  Respondent is willing that complainant shall be the guardian & manage said wards estate whenever he can be legally appointed & fully responsible for the same and when respondent can be fully relieved from all subsequent liability but not otherwise.  Respondent knows nothing of Complainants having been appointed guardian in the County of Fayette as he alleges & if it was done he submits to the court whether the same is not void for want of Jurisdiction, the wards & their property all being in Sumner County except Robert as before stated.  Defdt. John W. further answering says that it is true that he was absent from the state at the time complt. states he applied to the county court of Sumner as stated in the Bill but was only on business and soon returned & if complt. means to allege more than this, it is false.  Respondent has not much property but has as much & more than when he was first appointed guardian of said minors.  Defdt. further answering says that it is true that said bond as the estate now is since the land has been sold & this price has come to his hands is too small & that the same should be ____ upon that last settlement he had to wit in Feb. last there appears to be due said minors besides the negroes about the sum of $21.26 besides the negroes ap'd which Defdt. supposes to be worth about $2500.    

This is a partial transcription of the loose lawsuit, #8030.  It continues for another 20 pages but most of the pertinent information has been presented.
In summation:

Robt. Rhoades was granted guardianship of Robert C. Garrett.  Timothy Garrett was made guardian of Franklin E. and David R. Garrett.  The land in Wilson County was sold to David Young.


Selected Court Records Index

Genealogist's Companion Main Page