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W. A. McGlothlin, Guardian, et al vs. Lena McGlothlin, et al, 1899, Decree

 Source: Sumner County Deed Book 47, pages 153 - 155

Transcribed by Linda Carpenter

©2005

 

(Page 153)

State of Tennessee, Sumner County - Be it remembered that at a Special Term of the Chancery Court of Sumner County, Tennessee, began and held in the Court House at Gallatin, Tennessee, on the 25th day of September, 1899, the same being the day fixed by order of this Court at the June Term of this County, for the holding said Special Term of the Court: Court met pursuant to said order present and presiding the Hon. J. S. Gribble Chancellor & etc. duly elected, commissioned and qualified to hold said Court, when the following proceedings were had to wit: Special Term, 29th day of September 1899.

W. A. McGlothlin, Gdn. et al vs. Lena McGlothlin et al

This cause came on to be heard this the 28th day of Sept., 1899, before the Hon. J. S. Gribble, Chancellor, upon the pleadings and proof and report of the Master which report is as follows:

W. A. McGlothlin, Gdn. et al vs. Lena McGlothlin  - Pursuant to an order of reference in this case to take proof and report:

I. What estate each of the minor defendants possesses and its kind and the value and the net income derived therefrom and how they are supported.

II. The age of each of the defendants and with whom they live.

III. Whether a sale of the land is necessary for the maintenance, education & etc. of the defendants and what is a reasonable price for said lands.

IV. Whether or not one fourth of the proceeds of sale is a reasonable part for the homestead rights of Mrs. Delia Hatler.

I beg leave to the report that I have taken the depositions of W. A. McGlothlin and W. T. McGlothlin and from their proof I beg leave to report:

I. I find that the minor defendants have no property save and except the tract of land described in the pleadings in this case, a small farm worth some $450.00. No income is derived therefrom. The two older ones, Lena McGlothlin and Harvey McGlothlin live with and are supported by their Uncle W. A. McGlothlin their guardian. The other minor defendants Glenn McGlothlin lives with and is supported by her Mother Mrs. Delia Hatler (See W. A. McGlothlin's deposition Q & A)

II. I find that Lena McGlothlin is 15 years old; Harvey McGlothlin 10 years old; and Glenn McGlothlin 6 years old.

III. I find that it is necessary to sell said land for the support & etc. of the minor defendants, as the same fields no income at all and they have no other property. The said lands are going down in condition; the improvements are running down; and the minors have no money out of which to pay for improvements; and it is with difficulty that enough

(Page 154)

income can be derived from the land to pay the taxes on the same; and it is constantly decreasing in value. I find that $450.00 would be a reasonable price for the same. (See W. T. McGlothlin's Dep. Q & A; W. A. McGlothlin's deposition Q & A) The same cannot be partitioned in kind among the parties because of the size, location, and character of the lands. (Same references.) I find that one fourth of the proceeds of sale of said lands is a reasonable part for the homestead rights of Mrs. Delia Hatler. (See W. T. McGlothlin's dep. Q & A 6; W. A. McGlothlin's deposition Q & A 10) The said D. L. Wright has paid into my office the said sum of $450.00, Respectfully submitted Sept. 28th 1899, Geo. W. Boddie, C & M

And said report being unexcepted to and the Court being satisfied that the case for a sale is fully made out by the proof; and that one fourth of the net proceds of sale is a fair price for Mrs. Delia Hatler, who owns a homestead in said land, and that four hundred and fifty dollars is a fair and reasonable price for the same; and the sale is an advantageous one for the minors, all these facts being established by unexceptionable and disinterested witnesses; the conclusions of the Master are fully ratified and approved. And the purchaser D. S. Wright having paid the $450.00 into Court, it is therefore ordered and decreed by the Court that said offer be accepted and sale be confirmed, and that all the right, title and interest of Lena McGlothlin, Harvey McGlothlin, and Glenn McGlothlin, the minor heirs of R. E. McGlothlin, dec'd, their guardian W. A. McGlothlin and of Jas. Hatler and Delia Hatler the widow of R. E. McGlothlin in and to the said tract of land, described in the bill as follows: Situated in the 16th Civil District of Sumner County, Tennessee, and bounded on the North by the lands of Dr. W. P. Moore; E. by D. L. Wright or less be divested out of them and Each of them and vested in the purchaser D. L. Wright and his heirs and assigns forever. And upon the payment of the legal fees therefore, the Master is ordered to furnish the said D. L. Wright a certified copy of this decree for registration as a monument of title.

I Geo. W. Boddie, C & M of the Chancery Court of Sumner County, Tenn., do certify that the following is a full, true and perfect copy of the decree for title in the case of W. A. McGlothlin, adm. et al vs. Lena McGlothlin et al as appears of record now on file in my office. Given under my hand and the Seal of the Court, this Oct. 2nd 1899. (Seal) G. W. Boddie, C & M

(Page 155)

Received for registration Oct. 2nd 1899, at 9:50 o'clock AM
Registered & examined Oct. 3rd 1899 - A. C. Dobbins, Register


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