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MARSHALL COUNTY TENNESSEE COURT MINUTES–AUGUST 1838 TERM

Page
(168)
     August Term 1838   State of Tennessee
     At a county court begun and held for the bounty of Marshall at the 
house of Abner HOUSTON on Monday the 6th day of August A.D. 1838 Present
 Asa HOLLAND   James V. EWINGS and Thomas WILSON Gent. justices of the 
Peace composing the corum elected for the said County for the year 1838-
 Proclamation &c.
     On motion it is ordered by the Court that John RHEA be appointed 
overseer of the Hallsford  road from Hugh HOUSTONS to the old Murray 
County line and that he have the hands that formerly worked on said road
 and Sion WRIGHT and Jones PATTERSON in addition to the former.  Issued.

     On motion it is ordered that Robert J. ORR be appointed overseer of
 the road from the North end of Mrs. CANNONS Plantation to the Elk Ridge
 and that he have the former hands - Issued.

     Francis B. WOODS Constable for the 5th District presented his 
Resignation in open court as such which was received by the Court.  The 
commissioners appointed at a former term of this court to set apart one 
years provisions for Asay HEMPHELL widow of James HEMPHILL Reports in 
words and figures following.
We the undersigned commissioners after being duly sworn to set apart one
 years provisions for Alsey HEMPHILL widow of James HEMPHILL decd. (from
 the death of her said husband do set apart as follows (Viz.)  Eight
 hundred pounds of port - Fourteen Barrels of corn Twelve Bushels of 
Wheat Given under out hands and seals this the 20th day of July 1838-
William FINLEY    Tr. FINLEY Samuel SANDERS.  Commissioners

     Which report was seen and fully understood by the court and in all 
things confirmed and ordered of Record.

     James HEMPHILL Jr. one of the Executors of the will of James
 HEMPHILL Sr. deceased presented in open court an account of sales of
 the personal property of said Estate which was seen by the court and
 ordered of Recored.

(169)
     The commissioners appointed at a former term of this court to lay
 off one years provisions for Mary WHITWORTH widow of Edward WHITWORTH
 reports in words and figures following

State of Tennessee Marshall County   In pursuance of an order of the 
County court to us directed July term 1838 and after being duly sworn 
we have commenced to lay off to Mary WHITWORTH late wife of Edward 
WHITWORTH Decd. and have laid off one pen of old corn not Shucked & 
forty five Barrels of the Growing crop fifty bushels Wheat and all the 
Bacon Lard & soap on hand also two small Beeves one Barrel salt four
 small shoats and five choice hogs also what sugar & coffee on hand and
 forty pound of coffee & sixty lbs. Sugar not on hand three pounds 
pepper one of spice and one of Ginger and a barrel of Vinegar supposed
 twelve gallons what wool and cotton is on hand and necessary Shoes for
 the family further we lay off three hundred bundles of oats.  Given 
under our hand and seal this day and date above written.
   Wm. R. HUGHES Mr. HUGHS   J. B. SHUFFIELD
Which report was seen by the court and fully understood and in all 
things confirmed and was ordered to be made of Record.

     John DYSART presented in open court a relinquishment of his 
Guardianship from the county of Bedford which was in words and figures
 following to wit,
  
     State of Tennessee Bedford County May term County Court 1838 - On 
motion of John DYSART by his attorney and it appearing to the 
satisfaction of the court that the said John DYSART has been appointed 
Guardian of David LOGAN   John D. LOGAN   Mary Ann LOGAN   Tarlton L. 
LOGAN   Francis M. LOGAN and Benjamin T. LOGAN Minor heirs of Benjamin 
LOGAN Deceased and it further appearing to the Court that the said John
 DYSART has such said appointments been included in the limits of 
Marshall County and it further appearing from the certificate of the

(170)
Clerk of Marshall county court that said John DYSART has been duly 
appointed Guardian for said Minor heirs by the County Court of Marshall
 County.  It is therefore ordered by the court that the said John 
DYSART be allowed and required to change his returns as guardian 
aforesaid from this county to the county of Marshall and it is further
 ordered the Clerk of this court furnish said Guardian with a copy of 
this order.. I William D. ORR Clerk (seal) of the county Court of said 
County in the State aforesaid certify that the foregoing is a true
 transcript of the order of the county court made in the – at the above
 term of said court upon John DYSART Guardian of the Minor heirs of 
Benj. LOGAN Dec. and taken from the records of my office.  In testimony
 whereof I have hereunto set my hand and affixed the seal of the court 
at office in Shelbyville this 8th day of May 1838    William D. ORR Clk.

     John DYSART Guardian              Report 1838
                &c.
    Martin W. OAKLEY Clerk of the County court of Marshall County by his
 deputy William WILLIAMS Jr. Exhibited to this curt a settlement made by
 him with John DYSART Guardian of David M. LOGAN   John D. LOGAN, 
Tarlton L. LOGAN   Mary Ann LOGAN, Francis M. LOGAN   Benjamin F. LOGAN,
 minor heirs of Benjamin LOGAN Dec. which said report being seen, and by
 the Court fully understood was in all things confirmed and ordered to 
be entered of record.

     Cadwallader T. CLAIBORNE       Report 1838.
         Guardian &c.
     This day Cadwalleder T. CLAIBORNE Guardian of John W. HILL Minor 
heir of Thomas W. HILL Decd. appeared in open court and presented an
account of property and effects received by him from Egbert CAMPBELL 
Administrator of Parker CAMPBELL Decd. former Guardian.  As belonging to
 his ward - Also the account of settlements made by said P. CAMPBELL 
during his guardianship and also his report of moneys received and 
expended during the
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last year which reports were by the said Cadwallader T. CLAIBORNE sworn
 to and by the court seen and fully understood were severally ordered to
 be recorded as other reports of a similar nature.

     Abraham TALLEY        Report 1838
      Guardian
     Abraham TALLEYS Guardian of William P.    Stephen Alfred, Sally, 
Polly and Sorenjo TALLY minor heirs of Polly TALLY Decd. having this 
day made settlement with the Clerk of this court as the law in such 
cases made and provided direct- which settlement was by the clerk
 Exhibited to the Court, and by the Court seen and fully understood was
 in all confirmed and ordered to be entered of record.

     Robert M. DRYDEN        Report 1838
         Guardian
     Martin W. OAKLEY Clerk of the County Court of Marshall County by 
his deputy William WILLIAMS this day Exhibited in open court an account
 of a settlement made by him with Robert M. DRYDEN Guardian of Mary Ann 
DRYDEN one of children and heir at law of Nathaniel DRYDEN Decd for the
 year 1838 - which report was by the court seen, and fully understood 
was in all things confirmed and ordered to e entered of record.

     Levi COCHRAN ) Appointed
     Guardian
     On motion it is ordered by the Court that Levi COCHRAN be appointed
 Guardian of Andrew BIVENS a minor orphan of Moses BIVENS who gave bond 
with James OSBURN and Daniel BIVENS his securities in the sum of Three 
Thousand dollars.

     William G. GANT)   Appointed
       Guardian
     On motion it is ordered by the Court that William G. GANT be
 appointed Guardian of Sara GANT

(172)
Mary GANT and Minor GANT minor orphans of Jeremiah GANT Decd who gave
 bond in the sum of one hundred dollars with William B. COOK and John 
M. GANT his securities.

     John SCOTT, Administrator ) Appointed
     Elias SCOTT Decd.
     On motion of John SCOTT by his attorney for letters of 
Administration on the estate of Elias SCOTT, and it appearing to the 
satisfaction of the Court being said Elias SCOTT departed this life 
intestate the Court being satisfied his right to obtain them.  It is 
ordered by the Court that letters of administration issue to the said 
John SCOTT upon his giving Bond and security in the sum of five hundred 
dollars, And there upon the said John SCOTT executed his bond with H. 
MARTIN and James TAYLOR securities in the sum of five hundred dollars 
conditioned as the law directs.
     George K. PATTERSON Administrator) Appointed
     Of Joseph M. STREET Decd.
     On motion of George R. PATTERSON by his attorney for letter of 
administration on the estate of Joseph H. STREET Decd. And it appearing
 to the satisfaction of the Court that the said Joseph M. STREET 
departed this life intestate, and the Court being also satisfied of his
 right to obtain them.  It is therefore ordered by the Court that 
letters of administration issue to the said George R. PATTERSON his
 giving bond in the sum of Four hundred dollars with good and sufficient
 securities theretoAnd thereupon the said George R. PATTERSON executed 
his bond with James PATTERSON and Simeon VEVABLE securities in the sum 
of Four hundred dollars conditional as the law directs.

     Daniel BIVENS & James BROWN )   Appointed
     Administrators of Jno. M. HOUSTON Decd
     On motion of Daniel BIVENS and James BROWN by their attorney for 
letters of administration on the estate of John M. HOUSTON Decd. And it
 appearing to the satisfaction of the Court the said John M. HOUSTON 
departed this life intestate and being also satisfied of their right to
 obtain them it is therefore ordered by the Court

(173)
that letters of Administration issued to the said Daniel BIVENS and 
James BROWN upon their giving bond and security in the sum of Five 
thousand dollars.  And thereupon the said Daniel BIVENS and James BROWN
 executed their bond with Thomas ROSS and Eleazer STILWELL Securities in
 the sum of Five thousand dollars conditional as the law directs.

     Daniel BILLS Deceased)   Will proven
     The last will and Testament of Daniel BILLS was this day presented 
in open Court and admitted to probate and the due execution thereof was
 duly proven by the oaths of James HOUSTON and B. F. HOUSTON subscribing
 witnesses thereto to have been executed by the said Daniel BILLS on the
 kk day of July 1838, and on motion was ordered by the Court to be 
recorded.  And thereupon motion of Mary T. BILLS and Alfred T. BILLS for
 letters of administration on the estate of the said Daniel BILLS Decd, 
with the will annexed and it appearing to the satisfaction of the Court 
that the said Daniel BILLS in his last will and testament had not 
appointed Executors, and the court being also fully satisfied of their 
right to administer on said estate.  It is ordered by the Court that 
letters of administration with the will annexed issue to the said Mary 
T. BILLS and Alfred T. BILLS upon their giving bond and security in the
 sum of Twelve hundred dollars.  And thereupon the said Mary T. BILLS 
and Alfred T. BILLS executed their bond with Shadrach MUSTAIN and B, F.
 HOUSTON their securities in the sum of Twelve hundred dollars 
conditioned as the law directs.

     Joseph H. BRITTAIN Guardian) Resignation
    of Jason BRITTAIN
     This day Joseph H. BRITTAIN appeared in opne Court and resigned his
 guardianship to the Court which resignation was received by the Court.

     Jane D, HOUSTON Widow & C )   Commissioners & C.
     On motion it is ordered by the Court that Eleazer STILWELL   Thomas
 ROSS, and Levi COCHRAN be appointed commissioners to lay off one years 
provision for Jane D. HOUSTON widow of John M. HOUSTON Deceased.

(174)
On motion it is ordered that John FIELD, John WEBB, Thomas HARDISON, H.
 HARDISON and Williamson SMITH be appointed commissioners to value the 
Estate of John F. CARR Deceased according to the provisions of the Last
 will of said CARR.  Issued.

     James HOUSTON Administrator de bonis non of Christopher HOUSTON 
deceased returned an inventory of the goods And Chattles rights and 
credits of said deceased which has come into their hands as 
administrators which inventory was received by the Court and ordered 
to be recorded.
 
Daniel BIVENS and James BROWN administrators of John M. HOUSTON Deceased
 returned an inventory of all the goods and Chattles Rights and credits 
of said deceased which has come into their hands as administrators which
 inventory was received by the Court and ordered to be recorded.

     Joseph H. BRITTAIN Elected Justice of the peace for the ninth
 District of Marshall County presented his commission from the Governor 
of the State and thereupon took the oath to support the constitution of 
the United States and that of the State of Tennessee and the oath 
against Dueling and an oath of office.
      On motion of Court then adjourned to meet at the Counting Room of
 William NOWLIN on tomorrow at eight oclock P.M.
                                 Asa HOLLAND (JP)
                                 Thomas WILSON (JP)
                                 James V. EWING (JP)

(175)
     Tuesday Morning August 7th 1838.
     Court met according to adjournment, Proclamation &C-
     Alexander E. McCLURE a justice of the peace for the fifteenth 
District present in open Court his resignation as Justice of the peace
 which was received by the Court.

     On motion it is ordered by the Court that William TURNER be 
appointed overseer of the road leading to Cornersville commencing at 
Abraham TALLEY and terminating at FOWLERS Smith Shop and that he have 
the hands that worked under him COCHRAN the former overseer.

     Issued
     On motion the Court adjourned until the next Court in co course to
 meet at the house of Abner HOUSTON near the Town of Lewisburg.
                          Asa HOLLAND (JP)
                          Thomas WILSON (JP)
                          James V. EWING (JP)