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J. L. Shaw, et als
vs
Ann T. Marlin, & Husband, et als
1889

Source:  
Loose records:  #11379

Transcribed by Jan J. Barnes
© 2004

To the Worshipful County Court of Sumner County, Tennessee
The Petition of J. L. Shaw and Jane M. Kelly & husband Albert Kelly, citizens of Sumner County, Tennessee, filed in said Court against Ann T. Marlin & husband G. W. Marlin citizens of Robertson County, Tennessee, L. M. Shaw and G. W. Shaw citizens of the State of Iowa, T. T. Shaw  
(Weakley County is written under T. T. Shaw's name) Jasper Shaw (California is written above his name) and Weakley? Sharon? citizens of California, the heirs of Sarah M. Johnson dec'd, who are minors & whose names are unknown except that of Carlos B. Johnson, who is of age, citizens of Missouri, Dora P. Burton & husband Frank Burton, citizens of Davidson County, Tennessee, and the heirs of Mrs. Bettie Link, dec'd to wit Jacob H. Link, Frank L. Link, Logan B. Link, and William Link citizens of Sumner County, Tennessee.  Petitioners would respectfully represent unto your Worshipful Body that Logan Shaw and wife Martha J. Shaw are both dead that their estates have been wound up and that there are no debts against the same, that they left a tract of land, situated in the state of Tennessee, Sumner County, Civil District No. 15 containing about one hundred and thirteen acres and bounded as follows:  On the North by Wm. Jackson, on the East by Dr. T. L. Lanier, on the South by Sanders Covington and West by A. R. Hobdy.
They would show that Logan Shaw and wife Martha J. Shaw died intestate and that Petitioners and defendants are their only heirs at law and are entitled to the land aforesaid, it being the only land left by decedents and that their shares in the same are undivided and they are advised that they have the right to have the same sold for division or divided in kind among the parties owning share in it.

Petitioners would show your Worships that it would be manifestly most for the interest and advantage of all concerned that said land be sold and the proceeds divided among those entitled to the same, that this would be best  because of the large number of heirs and the small amount of land that would fall to the share of each on a division in kind.

The land is worth about $5.00 per Acre.  The land well walsad? 2 Spring a Creek ruing through a portion of it their on place Doubble log House with Three rooms to it also Cook room Smoke Hous Barn their about Twenty acres in Cultivation Twenty five acres in timber some very fine Chestnut Timer the remander old laying out.

The premise considered Petitioners ask leave to file the bill that the parties mentioned in the caption as defendants be made such, that process issue for them requiring them to answer that publication be made for the non residents, that a guardian or guardians ad litem be appointed for the minors.  They ask that upon final hearing a decree be pronounced ordering the sale of the land, but they ask that the family grave yard on the place of about one half of an acre be reserved and not sold.  We pray for general & special relief.
                                                                          J. A. Trousdale, Solitr
                                                                          for Complainants 

A. J. Pond being duly sworn depose viz:
Quest. 1   Were you the admr. of Logan Shaw, dec'd, if so, state when he died, when you administered on the state, when you settled the same, and whether there were any encumbrances on the land mentioned in the pleadings in favor of creditors or others?

Ans.   Yes sir, I was Administrator, he died some 11 or 12 years ago, and I was appointed Administrator immediately after his death, I settled as said Administrator within the time fixed by law.  There were no incumbrances in favor the Creditors, on the land.  I paid off the debts out of the personalty and had a small amt. left for distribution among the heirs, as my settlements in this Court will show.

Quest.   Please state your age, residence and occupation & state if you are acquainted with the land mentioned in the pleadings & how long you have known it?

Ans.   I am 48 years old, past, I live in 15th District of Sumner County, Tennessee, I am well acquainted with the lands mentioned in the Pleadings, have known them all my life.

Quest.   Are you acquainted with the children of Logan Shaw, dec'd, & his heirs if so please state if you have heard read the deposition of J. L. Shaw in this case & if he correctly gives the names?

Ans.   I knew all the children, Bettie, who married William Link is dead; Sallie who married S. J. Johnson, is dead, Mary Shaw is dead and Willie Shaw died when very small.  The rest are all living so far as I know.  The heirs of Bettie Link are correctly stated by Mr. Shaw whose Deposition I have heard.

Quest.   Please describe the land mentioned in the pleadings, its tillable land, its timber, water, improvements, fences, the roads running by it, its distance from the railroad, & from Gallatin & Springfield?

Ans.   I have heard the deposition of J. L. Shaw read, and fully adopt his answer as to the description of the land, as my own, It is nine miles from Fountain Head the nearest station, or Rail Road, to the land; it is 14 miles West from Gallatin, and about 16 miles East of Springfield.

Quest.   From your knowledge of the land and the heirs entitled to it, please state whether you think it is manifestly most for the interest and advantage of the heirs, of the minors as well as the adults, that the land be sold for division or that it be divided among them in kind and will you please give the reasons upon which you base your opinion.

Ans.   I think it manifestly most for the interest and advantage of all parties and especially the minors, that it be sold for division rather than divided in kind, because the place is going down, the fencing are rotting down, and a few years ago, a great deal of the fencing was burned off by fire, the land is washing and growing up in bushes and briers and is rented for but little, being this year rented for but $40.00, not enough to keep up Taxes and repairs, and again, there being so many heirs and so few acres.

Quest.   What do you think is a fair price for the land on the terms of one third cash & the balance in one or two years?

Ans.   Upon the terms of 1/3 cash, and balance at one and two years, I think it ought to fairly bring $5.00 per acre.

Cross Examined

Ques 1    How are you related to the children of Sarah M. Johnson.

Ans.   I am no relation.

Ques 2    Do you know how many children she had, their names, and where they live?

Ans.   I do not.

Ques 3    What is most to the interest of the minor children of Sarah M. Johnson, to divide the estate in kind or sell the same, and divide the proceeds and give your reasons for the same?

Ans.   I think but to sell it and divide the proceeds, there are so many heirs, and they are scattered and so few acres of land.
Sworn to and subscribed before me Aug. 17, 1889.
Harris Brown, Clk.                                                           A. J. Pond

A. J. Warren being duly sworn depose as follows:

Quest.   Please state your age, occupation & residence?

Ans.   My age is 37 years old, I am a farmer, and I live in 15th Civil District of Sumner County, Tenn.

Quest.   Are you acquainted with the Logan Shaw land, how long have you known it & will you please describe the same?

Ans.   Yes sir, I have known the land for 20 years, I have heard the deposition of J. L. Shaw and adopt his description of the land as my own.

Quest.   What is manifestly most for the interest & advantage of the minors & all concerned that the land be divided among them in kind, or sold for division of the proceeds and you will please give your reasons for your opinion?

Ans.   It is manifestly most for advantage of all parties and particularly the minors, that the land be sold for division because the land cannot be divided in kind so as to be worth any thing to any one, there being so many heirs and so few acres.

Quest.   What is a fair price for the land, on terms to be stated by yourself?

Ans.   About $4.00 would be enough, on terms of 1/3 each balance at one & two years.

Quest.   Suppose it were offered on the terms of one third cash, the balance in one & two years, what do you regard a fair price for it?

Ans.   About $4.00 per acre.

Ques.    Are you related to the children of Sarah M. Johnson and do you know their names and where they live?

Ans.   I am no relation and do not know the heirs of Sarah M. Johnson dec'd.

Ques.    Taking every thing into consideration do you think it to the best interest of the minor heirs of Sarah M. Johnson to sell the land or divide it in kind among the heirs?

Ans.   I think it would be best to sell the land for division.

                                                                                          A. J. Warren
Sworn to and
subscribed before me
August 17th 1889

To the Hon. O. H. Foster Char. etc. Presiding at Gallatin for Sumner County Tennessee
The separate answer of I. W. Hassell Guardian ad litum for the minor heirs of Sarah M. Johnson whose names are unknown.
Minors without regular guardians and now residents of Tennessee, to the Bill on Petition of J. L. Shaw et als filed in this Hon. Court against respondent's words.
Respondents saving and reserving unto himself all legal exceptions to said Petition for answer says:

Respondent supposes it is true, as alleged in the Petition, that Logan Shaw and wife Martha J. Saw, are both dead, that their estates have been wound up and that there are no debts against the same, that they were seized and possessed of a tract of land, lying in civil District No. 15, Sumner County Tennessee containing about one hundred and thirteen acres and that the boundaries of the same are correctly given and set out in Complainants Petition.  Respondent supposes it is also true, that Logan Shaw and wife Martha J. Shaw, died intestate as stated in Complainants Petition, and that there has never been any division of the estate in kind but of the necessity and advisability for the sale of the land.  Respondent asks for the fullest and strictest proof and having fully answered he prays hense? to be dismissed with cost.
                                                            I. W. Hassell
                                                           Guard. ad litem

State of Tennessee  }
Sumner County        }
Personally appeared before me Harris Brown Clerk
I. W. Hassell Guardian ad litem who makes oath in due form of law that the matters and facts stated in the foregoing answer are true to the best of his knowledge, information, and belief, and upon information he believes to be true.
                                                           I. W. Hassell
                                                           Guard. ad litem
Sworn to before me
May 7th 1889.
Harris Brown
Clk.

J. L. Shaw et als
vs.
Mrs. Ann T. Marlin et als
This cause was heard on the 5th day of August 1889, upon the bill the answers of the guardian ad litem, the non resident publication, the pro confesso and the other papers in the cause, when the Court was pleased to order and decree that the matter be referred to the Clerk of this Court to state proof and report as early as practicable, upon the following matters, viz,

1st  As to whether there are any debts, unpaid & outstanding against the estate of Logan Shaw & Martha J. Shaw, either of them; whether they left any personal property for distribution, & if so its amount character & kind.

2nd  As to whether they left any real estate, if so, how much, where situated, a description of it & whether encumbered or not, and if so how?

3rd  He will report whether plaintiffs & defendants are the only heirs of Logan - Martha J. Shaw, whether the shares in their lands are undivided or not, whether the lands can be fairly & equitable divided among those entitled in kind, or should be sold for partition.

4th  Whether it would be manifestly most for the interest and advantage of the minors & all concerned that the lands be partitioned in kind, or sold & the proceeds divided among them, and the reasons for the conclusion in this behalf.

5th  On what terms & at what price the land should be sold, if deemed best to sell, & if the family grave-yard should be reserved & not sold.

James L. Shaw, being duly sworn, deposed as follows viz:
Quest.   Where do you live, how long have you lived there, what is your age & occupation?

Ans.       I live in Sumner County, in District No. 8, have lived there nearly seven years.  Am 51 years of age and am a farmer.

Quest.   What relation do you bear to Logan Shaw, dec'd and to Martha J. Shaw, dec'd, and how were they related?

Ans.       I am a son of Logan Shaw, and am the step-son of Martha Shaw they were man & wife, she was my father's second wife.  They are both dead.  My father died some ten or twelve years ago, my step-mother died last summer or fall.

Quest. 3  Please give the names of your fathers' children, & if any of them are dead, name the children they left and state which of the girls are married & their places of residence & ages as far as you know them?

Ans. 4      Luvella Monroe Shaw, Jane Mariah Shaw, who married Albert Kelly, Elizabeth Shaw, who married Wm. Link and is now dead, leaving four children, whose names are Jacob Henry, Frank, Logan, & Willie Link; J. L. Shaw, Mary Shaw who was never married, and is now dead without issue, Sarah Shaw, who married S. J. Johnson, she is dead leaving four children whose names are C. B. Johnson, John Johnson, Jasper Johnson, L. E. Johnson, G. W. Shaw, T. T. Shaw, Jasper Shaw, Ann T. Shaw who married G. W. Marlin, Dora Shaw who married Frank Burton.  The Johnson children except Carless B. are all minors.  The original bill in this cause gives the places of residence of all the parties correctly except the residence of the Burtons who now live in Sumner County Tennessee.  Dora Burton is my fathers daughter by his last wife.

Quest. 5  What land had your father at the time of his death?

Ans.         He had one hundred and thirteen acres of land situated in the present 15 district of Sumner County, and is described correctly in the bill filed in this cause at my father's death, the whole of the same was laid off as the dower and homestead of his wife, my step-mother who died as stated above, and there is no other encumbrance on said land.

Quest. 6   Did Logan Shaw, your father, leave a last will and testament?

Ans. 6       No sir.

Quest. 7   Did he leave any other land than that mentioned in the bill in this cause?

Ans. 7       No, sir.

Quest. 8   Are you acquainted with the land in question, how long have you known it?

Ans. 8       I am well acquainted with the land, have known it at least 35 years.

Quest. 9   Please describe the land, giving the number of acres in all, the number in cultivation, in grass, in timber, kind of timber, the water & where located, the houses & fences & woods?

Ans. 9       There is 112 acres of the land, it is all so situated so that it can be cultivated; about 25 ares is in timber, the balance is in cultivating land.  Six or eight acres of the timber land is as fine chesnut timber as can be found on the ridge - the balance of the timbered land has good fire wood and rail timber on it.  A part of the cleared land is very good land for that country, say about 20 acres, the balance of it is out on the commons, and is run down and thin.  The fences around the 20 acres is very good, there is but little fencing around the balance of the land, the most of it having been burned about 3 years ago.  There is plenty of water on the land, it is splendially watered.  The houses are log houses, and if they were newly covered would be good and comfortable.  It is near the old state road, and two miles from the old Louisville road.  The state road runs right through it.

Quest. 10   What is the land worth per acre & on what terms?

Ans.            If sold for 1/3 cash and the balance on one & two years terms, I think it is worth $5.00 per acre.

Quest. 11   What is best to be done with the land:  should it be sold & the proceeds divided among those entitled thereto, or should it be divided in kind among them?

Ans.             From the situation of the land and its condition, and under all the circumstances, I think it decidedly to the manifest interest of all parties that the land be sold for division rather than be divided in kind.

Cross examined

Ques. 1   Are you the uncle of the children of Sarah M. Johnson?  Do you know their names and where they live?

Ans.         I am, but I do know their names, the last heard from they were living in Missouri, Dunclan Co.

Ques. 2    Do you know how many of the children are living and how many are dead?

Ans.          I do not know how many are living.  I know of two who are dead.

Ques. 3     Do you know whether the two who are dead ever married or not?

Ans.           No, they died in their infancy.

Ques. 4      Do you think it is to the best interest of the minor children of Sarah M. Johnson to sell the land and divide the proceeds?

Ans.            Yes sir.
                                                                        J. L. Shaw
Sworn to and subscribed
before me Aug. 17, 1889
                                                                       Harris Brown Clerk

J. W. White being next duly sworn desposes as follows viz
Quest.    What is your age, residence, occupation, and are you acquainted with the land mentioned in the pleadings.

Ans.         I am 46 years old, live in 15th Civil District of Sumner County and am a farmer, and am acquainted with the land mentioned in the pleadings & have known the lands about 23 or 24 years.

Quest.      Please describe the land - If you have heard Mr. J. L. Shaw's deposition read, please state if you agree with him, or, if not, wherein you differ?

Ans.          I gave heard J. L. Shaw's Deposition and agree with him in the description of the lands and adopt the description as my own.

Quest.       Having heard the deposition of Mr. Shaw & supposing he gives correctly the heirs to the Logan Shaw land, please state whether you think it manifestly most for the interest & advantage of the minors & of all concerned that the land be divided among them in kind or sold for division?  And will you please give your reason for your opinion?

Ans.           I think but to sell the land, for divisions, because it is in bad repairs, and there are so many heirs, and so few acres, and the heirs are so scattered that it could not be advantageously divided in kind.

Quest.       What would be a fair price for the land on terms to be stated by yourself?

Ans.           I think $4.00 per acre, upon terms of 1/3 cash balance at one and two years.
Cross Examination waived by guardian ad litem.
                                                                         J. W. White

Albert Kelly being next duly sworn deposes as follows.
Quest         What is your age, occupation & residence; are you acquainted with the land mentioned in the pleadings, & also the heirs to the same and will you please describe the said land?

Ans.            My age is 57 years, am a farmer, and live in Dist. No. 15 Sumner County, and I married one of the daughters of J. L. Shaw decd am acquainted with the lands described in the pleading, and also the heirs to the same, I have heard the deposition of J. L. Shaw and A. J. Pond and endorse the description of the lands fully.

Quest.         What is best for all concerned to sell or divide the land in kind, & what is the land fairly worth on terms to be stated by yourself?

Ans.              I think it best for all, that the lands be sold, and I think the land fairly worth $5.00 per acre upon terms of 1/3 cash balance at one and two years.

Quest.           Are you related to the children of Sarah M. Johnson, if so how and do you know how many children she has, their names and where they live?

Ans.               I am their uncle; to the best of my knowledge she has four living children and two dead the last heard from they were in Dunclan Co. Missouri, their names are, Collis B., John, Jasper, & Leona E. Johnson.

Ques.             Do you think it best for the minors to sell the land and divide the proceeds or divide the same and give reason for same?

Ans.               I think it best for all concerned to sell the land for reason, there are so many heirs and so small an amount of land.
                                                                           Albert Kelly
Sworn to and subscribed
to before me Aug. 17th 1889.
                          Harris Brown, Clerk

State of Tennessee  }
County of Sumner    }

For and in consideration of the sum of Twenty-five Dollars cash in hand and the receipt of which acknowledged, We Frank Burton and Dora Burton do this day bargain sell and transfer and by these presents do convey to William B. Appling his heirs and assigns all the right title and interest that we have as heirs of Logan Saw, Dec'd, in a tract of land lying in District No. 15, Sumner County, Tennessee known as the Logan Shaw tract of land Bounded as follows on the North by Friendship Church land and T. L. Lanier; West by George Baldridge and A. R. Hobdy's; South by T. S. Covington; East by W. F. Griffin and T. L. Lanier.
Said land is now by order of the Court advertised to be sold as to be prorated to the heirs.  We furthermore bind ourselves or representatives to forever defend the right to said share against the lawful claims of all persons whomsoever; Given under our hand and seal
This October 31, 1889                                         Frank (his mark) Burton
Dora P. Burton

J. L. Shaw et als
vs.
A. T. Marlin et als
This cause was heard on this the (left blank) day of April 1893, before the Hon. James Anderson, Chairman of the County Court, upon the original bill in the cause, the report of sale by the Clerk made January 1st 1892, and the following report of the Clerk viz:
(Here insert report of payment of all the purchase money)
Which report being seen and unexcepted to is in all things confirmed.  And it appearing to the satisfaction of the Court that J. W. Hester was the purchaser of the land mentioned in the pleadings and that he has paid all of the purchase money & is entitled to a decree for title:  It is, therefore, ordered, adjudged and decreed by the Court that all of the right, title, claim and interest of the Complainants and the Defendants in and to the land described in the pleadings, the same being a tract of land situated in the State of Tennessee, Sumner County, Civil District No. 15, containing about one hundred and thirteen acres, more or less (but excepting the family grave yard of about one half of an acre of ground, which was reserved & not sold & is not hereby conveyed) and bounded as follows, to wit:  One the North by William Jackson; on the East by Dr. T. L. Lanier; on the South by Sanders Covington, and on the West by A. R. Hobdy, be divested out of them and that the same be vested in J. W. Hester, to have and to hold to him, his heirs and assigns forever.

The Clerk will certify a copy of this decree for registration upon application and payment of the fee therefor.

J. L. Shaw et al
vs.
Ann T. Marlin & husband et al          Report of Clerk
In this cause I report that on Saturday Dec. 5th 1891 after first advertising the land herein for sale by printed hand bills for more than 20 days I offered the same for sale to the highest bidder at public outcry, at the Court House door in Gallatin, Tenn. at 12 O'clock M. when the same was struck off to J. W. Hester at the price of $5.75 per acre, reserving one half acre for a grave yard the whole tract bringing $646.87.  The said purchaser J. W. Hester has complied with the terms of sale by paying into my hands $215.62 cash and executing his two promisory notes for $215.62 due respectively at one and two years from Dec. 5th 1891 bearing interest, & lien retained, with J. W. Hale & G. W. Baldrige as personal securities, also.
All of which is respectfully submitted
Jany 1st 1892
                                                            Harris Brown
 

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