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MARSHALL COUNTY TENNESSEE COURT MINUTES-AUGUST 1840

Page
(405)
     August Term 1840.
     State of Tennessee Marshall County.  At a County Court begun and 
held at the Court house in the Town of Lewisburg the place appointed by
 law for holding the several Courts in said County on the first Monday 
in August the same being the 3rd day of the month A.D. 1840 present 
John FIELD, Burgess HARDEN AND Ephraim HUNTER the quorum for the present
 year Gentlemen Justices of the peace proclamation &C. The following 
proceedings were had.

     On motion it is ordered by the Court that William S. WILKS be 
appointed overseer of the road commenceing at the at the East End of 
Morgan FITZPATRICKS lane and terminateing at the giles County line and 
that he have the former hands.  Issued.

     James V. EWING Trustee of Marshall County appeared in Court and 
Executed his bond in the sum of $4012.60 cents payable to the 
superintendant of public instruction in the State of Tenn for his 
faithfully performance of paying over the public school money with Isaac
 W. WALKER and Thos. ROSS his securities which was accepted by the 
Court.

     Marous D. WILSON Executor of the last will and testament of 
Charles E. NEILL dec. appeared in Court and presented an invenotry of 
said estate which was ordered to be recorded.

     I having been represented to the satisfaction of the Court that 
John B. COWDEN a resident of Marshall County has died leaving no last 
will and testament, and H. N. COWDEN and James H. PARK appeared in 
Court and made application for letters of administration of all and 
singular of the goods and Chattles rights and Credits him the said John
 B. COWDEN decd abd they having Executed their bond in the sum of 
Thirteen hundred dollars with William McRORY and S. G. COOK their 
securities which was accepted by the Court.  It is therefore ordered by
 the Court that Letters Issued accordingly they takeing the oath 
prescribed by law.

(406)
     August term 1840.
     On motion it is ordered by the Court that Morgan CLATON, George
 W. McBRIDE   and Robert M. WALTER be appointed commissioners to lay
 off and set apart to Parthena COWDEN widow of John COWDEN decd one 
years provision from the death of her said husband and make report to 
the next term of this Court.  Issued.

     It having been represented to the satisfaction of this Court that
 Balam H. BENTLEY a resident of Giles County has died leaving no last 
will and testament and John LORANCE appeared in Court and made 
application for letters of administration of all and singular the goods
 and chattles rights and Credits of him the said Balam H. BENTLEY decd
 and he having Executed his bond in the su, of one thousand dollars 
with Jeremiah HOLT and Alexander WILES his securitys was accepted by 
the Court.  It is therefore ordered by the Court that Letters Issue 
accordingly he takeing the oath prescribed by law.

     On motion it is ordered by the court that Robert MARSH Wm. ORR   
Hamilton PICKENS be appointed Commissioners to set apart to Patience
 HOUSTON widow of James HOUSTON one years provision from the death of 
her said husband and make report to the next term of this Court.  
Issued.

     It having b een represented to the satisfaction of this Court that
 James HOUSTON a r sident of Marshall County has died leaving no last 
will abd testament and Benjamin F. HOUSTON appeared in Court and made 
application for Letters of administration of all and singular the goods
 and chattles right and Credits of him the said James HOUSTON decd and 
he having Executed his bond in the sum of Fifteen thousand dollars with
 Archibald MCCONNEL and Wm. L. HAGE his securities, which was accepted 
by the Court.  It is therefore ordered by the Court that Letters Issue 
accordingly, he takeing the oath prescribed by law.

     It having been represented to the satisfaction of this Court that 
Wm. D. LANHORN a resident of Marshall County has died leaving no last 
will and testament and Isaac L. GRAVES appeared in Court and make 
application for letters of administration

(407)
of all and singular the goods and chattles rights & credits of him the
 said Wm. D. LANHORN decd and he having Executed his bond in the sum of
 Five hundred dollars with James B. RECORD & Samuel BECKET his 
securities which was accepted by the Court, it is therefore ordered that
 Letters Issue accordinglyhe takeing the oath prescribed by law.

       It having been represented to the satisfaction of the Court that
 Henry GANT a resident of Marshall County has died leaving no last will
 and testament and Jeremiah GANT appeared in Court and made application
 for Letters of administration of all and singular the goods and 
chattles rights and credits of him the said Henry GANT decd and he 
having Executed his bond in the sum of five hundred dollars with Samuel
 ELLIOTT Sr and Samuel WILSON his securities which was accepted by the 
Court.  It is therefore ordered by the Court that Letters Issue 
accordingly, he takeing the oath prescribed by law.

     It having been represented to the satisfaction of the Court that 
Larkin SULLIVAN a resident of Marshall County has died leaving no last 
will and testament and JamesLOWERY a citizen of Giles County appeared 
in Court and made application for letters of administration of all and 
singular the goods and chattles rights and Credits of him the said 
Larkin SULLIVAN Decd and he having Executed his bond in the sum of Five
 Hundred Dollars wi th John CUMMINGS his security which was accepted by
 the Court.  It is therefore ordered by the Court that Letters Issue 
accordingly he taking the oath prescribed by Law.

     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with John ELLIOTT Deputy Clerk with
 Gary T. KELLY & Robert COX Executors of the last will and testament 
of William ALEXANDER decd which reports being seen and by the Court 
understood was in all things confirmed and ordered to be recorded.

(408)
     August term 1840.
     Onmotion it is ordered by the court that Horatio M. PHILLIPS be 
appointed overseer of the road in the room and stead of John ALEXANDER 
and that he have the former hands. Issued.

     The revenue commissioner of the 4th district reported the following
 person for double Tax & on motion it is ordered by the Court that the 
following named persons be released from double tax for the year 1840, 
to wit, George B. LEONARD   Johnston GULLEY, William DAVID, Pleasant 
DAVIS and Johnson GULLEY &C.

     On motion it is ordered by the Court that William D. McLEARY be 
appointed overseer of the road commenceing at LEEPERS old mill and 
terminateing at the pulaski road in the direction of Fayetteville and 
that he have tje hands in the following boundsm to wit, including the 
hands where Gabriel SANDERS lived thence to John TOMPSON the old WILLIAM
 place John O. JONES the CHRISTENBURY place then with the road including
 to the beginning. Issu3ed.

     It appearing to thesatisfaction of the Court that Sarah Jane 
DUNNAGAN, Dicey Emmy, William, Sherwood, Cyntha & Permelia Ann DUNNAGAN
 an orphan and minor and now reside in Marshall County who have no 
guardian to the Court and the said Sarah Jane now appearing in open 
Court and being more than fourteen years of age selects and the Court 
hereby appoints James F. WARREN guardian of the said Sarah Jane and the 
Court also hereby appointed the sad Jas. F. WARREN guardian of the said 
Dicey, Emmy, William Sherwood,, Cyntha and Permelia Ann DUNNAGES minors 
as aforesaid, and the said James F. WARREN having entered into bond in 
the sum of six thousand dollars with L. BULLOCK and Cyntha DUNNEGAN his
 securities for his guardianship and the same is accepted by the Court.

     It appearing to the Court that William W. COLLINS is and orphan and
 minor and now resides in the county of Marshall who have know guardian 
Known to the Court and the said William H. COLLINS now apearing in open 
Court and being more than Fourteen years of age, selects and the Court 
hereby appoints George W. COLLINS Guardian for the said William W. 
COLLINS minor as aforesaid the said George W. COLLINS having entered 
into bond in the sum of Two hundred dollars with Henry COLLINS his 
security for his Guardianship and the same is accepted by the Court.

(409)
     August Term 1840.
     It appearing to the Court that Samuel F., Martha C., & David P., 
DONNELL are minors & orphans & now Reside in Marshall County who have 
no guardian Known to the  is Court and they being under 14 years of age
 the Court hereby appointed Isaac HENDRIX guardian of the said Samuel F.
  Martha C. & David P. DONNELL Minors as aforesaid and the said Isaac
 HENDRIX having entered into bond in the sum of Eight hundred Dollars 
for his guardianship and the same is accepted by the court.

     On motion it is ordered by the Court that the order made at a 
former term of this Court appointing Jackson SMITH overseer of the Hall
 ford road he Extended to an Elm in CARRS Lane.

     Personally appeared in open Court Mary WORLEY and made oath, a 
Declaration set forth by her in order to draw a pension in Consequence
 of her husband being a revolutionary soldier, Also appeared Robert
 JONES and testified to the good stand and veracity of the family.

     Margaret McADAMS appeared in Court and made oath to a declaration 
set fourth by her in order to obtain a pention from the United States 
in consequence of her husband being a revolutionary soldier &C.
     And thereupon Court adjourned untill ten o’clock tomorrow morning.
                            J. W. FIELD   J.P.
                            Ephraim HUNTER J.P.
                            Burgess HARDIN   J. P.

     Tuesday morning August 4th 1840.
     Court met according to adjournment, present John FIELDS   Burgess 
HARDEN and Ephraim HUNTER, Gentlemen Justices of the peace, Proclamation
 &C.  The following proceedings were had.

     Martin W. OAKLEY clerk of this Court presented an account of a 
settlement made by Nathaniel BAXTER, John W. CAMPBELL & John ELLIOTT as
 commissioners appointed by said clerk with John SCOAT administrator of
 Elias SCOTT decd to make distribution among the creditors of said 
Estates which report being seen and by the Court understood was in all 
things confirmed and ordered to be recorde3d.

     On motion it is ordered by the Court that an order made at a 
former term of this Court appointing Joel S. HUGHES overseer of the 
Hallsford road be Extended to an Elm tree in CARRS land.  Issued.

     On motion it is ordered by the Court that David McGAHEY Esqr. be 
appointed to lay off & mark the prison bounds of Marshall County in a
 square makeing the Court house in the Town of Lewisburg the center 
agreeably to the act of assembly and report to the next term of this 
Court.  And thereupon Court adjourned untill Court in Course.
                                 J. W. FIELD   J.P.
                                 Ephraim HUNTER   J.P.
                                 Burgess HARDIN   J.P.