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MARSHALL COUNTY TENNESSEE COURT MINUTES–DEC 1839

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(317)

     December term 1839-
     State of Tennessee Marshall County.
     At a county court begun and held for the County of Marshall at the 
Court house in the town  of Lewisburg the place appointed by law for 
holden the several Courts in said County on the first Monday in December
 the same being the second day of the month AD. D 1839.
     Present Asa HOLLAND   James V. EWING two of the regular quorum and
 Burgess HARDEN Gentlemen Justices of the peace Proclamation &C.
     The following proceedings were had Martin W. OAKLEY clerk of this 
Court presented to this Court and account of a settlement made by David
 McGAHEY Wm. T. NOWLIN & Wm. B. HILL commissioners appointed with Joseph 
H. HACKNEY decd- which report being seen and by the Court understood was 
in all things confirmed and ordered to be recorded.

     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with Jas, B. RECORD Executor to the 
last will and testament of Siob RECORD decd which report being seen was in 
all things confirmed and ordered to be recorded.

     Martin W. OAKLEY clerk of this court presented to this Court an
 account of a settlement made by him with Thomas ROSS one of the 
administrators of Davis WILLIS decd which report being seen and by the 
Court understood was in all things conformed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account 
of a settlement made by him with Vincent DUNCAN administrator of the 
estate of Micajah DUNCAN Decd which report being seen and by the Court 
understood was in all things confirmed and ordered 
to be recorded.

(318)
     December term 1839.
     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with James OSBURN Guardian of the 
Minor heirs of Durham COLLINS decd for the year ending the 2nd day of 
December 1839 which report being seen and by the Court understood was in
 all things conformed and ordered to be recorded.

     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with James H. PARK guardian of Jas. 
Anderson & William Madison PARK for the year ending the 2nd day of 
December 1839 which report being seen abd by the Court understood was in
 all things confirmed and ordered to be recorded.

     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with Berry MOORE Guardian of 
Blacksttone H. BILLS minor orphan Jonathan D. BILLS decd for the year 
ending the 2nde day of December 1839 which report, being seen and by the
 Court understood was in all things confirmed and ordered to be 
recorded.

     Thos. McKNIGHT Administrator of the estate of Joseph McKNGHT dec.
 appeared in Court and returned an Inventory of said estate which was 
ordered to be recorded.

     Jonathan BILLS one of the Administrators of Jas. A. GINMINGS decd 
appeared in Court and returned an Inventory and account of sales of said
 estate which was ordered to be recorded.

     James V. EWING administrator of HELENS (James) decd appeared in 
Court an presented an Inventory and account of sales of said estate 
which was ordered to be recorded.
    
     Mary LUNN Administratrix of the estate of Nathan LUNN decd 
presented an Inventory and account of salesof said estate which was 
ordered to be recorded.

(319)
     December term 1839.
     It having been represented to the satisfaction of this Court that
 John F. MARTIN a resident of Marshall County has died leaving nowill 
and John FIELD appeared in Court and made application for Letters of 
administration of all and singular the goods and challtes rites and 
credits of him the said MARTIN, and the Court having been satisfied of
 his right to obtain them the same is granted.  It is therefore ordered
 that Letters Issue accordingly he having Executed his bondi n the sum 
of Twenty five hundred dollars with J. LIGGETT & Sampson LIGGETT his
 securities and took the oath prescribed by law.

     On motion it is ordered by the Court that James Old W. ALDRIDGE & 
John McDANIELS be appointed commissioners to lay off and set apart one 
years provision for Sarah MARTIN widow of John F. MARTIN decd and report
 thereon to the next term of this Court.

     James BILLINGTON appeared in Court and on Motion was appointed 
Guardian to Hanner Malvina McALL and James Ross McALL minor orphans of 
Samuel McALL decd he having Executed his bond in the sum of fifteen 
hundred dollars with James WALKER his security, which was accepted by 
the Court.

     James H. DAVIS appeared in Court and on motion was appointed
 guardian to Etherlbert H. C;AYTON decd who thereupon Executed his bond 
in the sum of Five thousand dollars with Felix G. GIBSON and John H. 
CLAYTON his securities which which was accpeted by the Court.

     Hugh McMURRY Administrator of the Estate of John A. HALL Deceased
 appeared in Open Court and returned an Inventory and account of sales 
of said Estate which was ordered to be recorded.

(320)
     George CANNEER administrator of the estate of Henry S. WILKS decd 
appeared in Court and presented an account of sales of said estate which
 was ordered to be recorded.

     On motion it is ordered by the Court that Jacob CALHOUN be 
appointed overseer of the road commenceing at RAINEYS store and 
terminateing at HURTS X Roads and that he have the hands that worked 
under Charles NEIL the former overseer.  Issued

     On motion it is ordered by the court that H. N. COWDEN be appointed
 overseer of the road Down Richland Creek Commenceing at W. COOKS Mill 
and terminateing at John C. COWDEN’s and and that he have the former 
hands.  Issued.

     Elisha HURT, John APPLEBY Sr. and John FIELDS who was appointed 
commissioners at a former term of this Court to set apart one years 
provision to Jane B. HELM widow of James HELM decd reports as follows,
 to wit:
     We the understanding free holders of Marshall County being duly 
sworn have proceeded to set apart to Jame B. HELM widow of James HELM
 Decd so much of the crop and provisions on hand as will be sufficient 
in our opinion to support her and family one year from the death of her
 said husband, we set apart to her for said purpose the following 
artiles, to wit,   one cow and calf  250 lbs of pork 20 lbs laird 25 lbs
 of sugar 15 lbs of coffee 10 bushels of corn 5 bushels wheat, this 23rd 
November 1839.
     Signed under seal by commissioners.
                      Elisha HURT
                      John APPLEBY Sr
                      John FIELD
     Which report being seen and by the Court understood was in all 
things conformed and made the order of this Court.

     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by John ELLIOTT Deputy Clerk with Elizabeth
 STAMPS guardian of the minor heirs of Bird STAMPS the 29th day of 
November 1839 which report being seen and by the Court understood was in
 all things confirmed and ordered to be recorded.

(321)
     December term 1839.
     It having been represented to the satisfaction of this Court that 
James F. FISHER a resident of Marshall County has died leaving no will 
ans S. W. BEATTY appeared in Court and made application for Letters of 
Administration of all and singular the goods and chattles rites and
 credits of him the said James F. FISHER and the Court having been 
Satisfied if his right to obtain them he having Executed his bond in the
 sum of one hundred dollars with George FISHER his security the same is 
granted. 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 
Jesse McADAMS a resident of Marshall County has died leaving no will and
 Joseph McADAMS appeared in Court and made application for Letters of 
Administration of all and singular the goods and chattels rites and 
Credits of him the said Jesse McADAMS and the Court having been 
satisfied of his rights to obtain them he having Executed his Bond in
 the sum of One Thousand dollars with Erwin McADAMS his security the 
same is granted.  It is therefore ordered by the Court that Letters
 Issue accordingly he taking the oath prescribed by law.

     Felix G. GIBSON appeared in Court and presneted a transcript from
 the County court of Lincoln County, which is in the words and figures 
following t6o wit, State of Tennessee Lincoln County Court October Term 
1839.  F. G. GIBSON appeared in Court and on motion was appointed 
Guardian to Amanda CLAYTON who thereupon gave bond in the sum with
 security and took the oath prescribed by law.

     State of Tennessee.
     I, Charles BOYLES clerk of the County Court of Lincoln County 
certify that the foregoing is a copy of the record remaining in my
 office.
     In witness whereof I have hereto set my hand and affixed the seal 
of said Court at office in Fayetteville this 8th day of November 1839.
                C. BOYLES Clk.

(322)
     Berry MOORE who was appointed Guardian to Blackstone H. BILLS at 
the last term of this Court appeared in Court and released the former 
securities to said bond, who thereupon gave bond in the sum of Five 
thousand dollars with John WILKS and T. G. EDMONDSON his securiites 
which was accppted by the Court.  It is therefore ordered by the Court 
that the former securities John FIELD and William D. POWELL not be 
responsible for any further liabilities in causing consequence of said 
guardianship.

     On motion it is ordered by the Court that James PATTERSON be 
appointed overseer of the Halls ford road commenceing at Hugh HOUSTONS 
and terminateing at Leander N. EWING and that he have the former hand, 
Issued.
     And on motion Court adjourned untill Ten oclock tomorrow morning.
                       Asa HOLLAND   J.P.
                       James V. EWING J.P.
                       Thomas WILSON J.P.

     Tuesday Morning December 3rd 1839.
     Court met according to adjournment present Asa HOLLAND   James V. 
EWING regular quorum & Thos. WILSON Protem Gentlemen Justices if the 
peace proclamation &C.
     The following proceedings were had, On motion it is ordered by the
 Court that Daniel DAVIS be appointed overseer of Lewisburg road 
commenceing at the big Lick and terminateing at Stephens PETERS and that
 he have all the hands that worked under WOODARD and all other hands 
that may live in their bounds.  Issued.

     On motion it is ordered by the Court that Patrick W. McCORKLE, 
Josiah DUNCAN, Horatio PHILLIPS, Spratly TURNER, William SHEHAM, Josoah 
ROBBINS, Thomas McKNIGHT   Alsalom ALEXANDER be appointed a Jury of View
 to lay off and mark out a Mill road commenceing at Josiah DUNCAN’s saw
 mill thence by R. W. HILLS Grist Mill thence passing by said HILLS 
house thence by Greenville SMITH’s House and thence to intersect the 
road leading from Lewisburg to Cornersville at the corner of James HENRY
 fence if in the opinion the good of the individual require it and the 
good of the pub;ic not injured and report to the next term of this 
Court.

(323)
     December term of 1839.
     Thomas WILSON appeared in Court and on motion was appointed 
Guardian to Elizabeth, Roseannah, Susan, Emily, Martha and James LONDON
 minor orphans of John LONDON decd who gave bond in the sum of five 
hundred dollars with William D. POWELL his security which was accepted
 by the Court.
     On motion Court adjourned untill Court in Course.
                 Asa HOLLAND J.P.
                 Thomas WILSON J.P.
                 James V. EWING   J.P.