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MARSHALL COUNTY TENNESSEE COURT MINUTES-DECEMBER 1840

Page 
(437) cont.
     December Term 1840.
     State of Tennessee Marshall County.
     At a County Court begun and held at the Court house in the Town of
 Lewisburg on the first Monday in December 1840 the place appointed by 
Law for holding the several Courrts in said County.  Present John
 FIELDS, Burgess HARDEN, and Ephraim HUNTER Gentlemen Justices of the 
peace proclimation &C. The following proceedings were had.

     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by him with Bingamen F. WHITWORTH guardian
 of Thos. D. WHITWORTH minor heir of E. WHITWORTH dec for the year 
ending the 1st day of Oct.1840 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 Bingamen F. WITTWORTH Guardian
 of Martha WHITWORTH minor heir of E. WHITWORTH dec for the year ending
 the 1st October 1840 which report being seen and by the court 
understood was in all things confirmed and ordered to be recorded,

     Martin W. OAKLEY cle k of this Court presented to this Court an
 account of a settlement made by him with Bingamen F. WHITWORTH
 guardian of McEwing H. WHITWORTH minor heir of E. WHITWORTH dec for 
the year ending the 1st day October 1840 which report being seen and by
 the Court understood was in all things confirmed and ordered to be
 recorded.

(438)
     Martin W. OAKLEY clerk of this Court presented to this Court an 
account of a settlement made by John ELLIOTT Deputy Clerk with James P.
 DYSART guardian of Robert, Eli & Alfred Allen DYSART minor heirs of
 John DYSART Decd. for the year ending the 7th October 1840 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 John ELLIOTT Deputy Clerk with James P.
 DYSART guardian of Robert Eli & Alfred Allen DYSART minor heirs of 
John DYSART Decd for the year ending the 7th October 1839- which report
 having 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 John ELLIOTT Deputy Clerk with G. W. 
BIRMINGHAM guardian of Malinda & Henry BIRMINGHAM minor heirs of John
 BIRMINGHAM Decd for the year ending the 5th December 1840 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 made by John ELLIOTT Deputy clerk with Elizabeth STAMPS Guardian
 of A. L., John W. & Lucy M. STAMPS Minor heirs of Bird STAMPS Decd for 
the year Ending the 29th day of November 1840, 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 in part made by Joh ELLIOTT Deputy Clerk with 
John WEAVER Executor of the last will & testament of Martha WEAVER Decd
 which report being seen and by the Court understood was in all things 
confirmed and ordered to be recorded.

(439)
     Martin W. OAKLEY Clerk of this Court presented to this Court 
presented to this Court an account of a settlement made by him with
 William ARTHURS administrators of Benjamin ARTHURS 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 J. B. SHUFFIELD guardian of 
Rebecca CARUTHERS minor heir of ---- which report Being seen and by the
 Court understood was in all things Confirmed and ordered to be 
recorded.

     Holman R. FOWLER administrator of the Estate of Elizabeth FOWLER 
Decd appeared in Court & Returned an Inventory & account of sales of sd
 Estate which was ordered to be recorded.

     G. W. RECORD administrator of the Estate of Robert BROOKS Decd 
appeared in Court & Returned an additional Inventory of said Estate 
which was ordered to be recorded.

     James B. LOWERY administrator of the Estate of Larken SULIVAN Decd
 appeared in Court & Returned an Inventory of said Estate which was 
ordered to be recorded.

     H. N. COWDEN one of the administrators of the Estate of John B. 
COWDEN decd. appeared in Court & Returned an account of sales of said
 Estate which was ordered to be recorded.

     John N. PARK one of the administrators of Humphrey S. TOMLINSON 
Decd. appeared in Court and Returned an account of sales of said Estate
 which was ordered to be recorded.

     William B. COOK administrator of Sandy G. COOK Decd appeared in 
Court & Returned an account of sales of said Estate which was ordered
 to be recorded.

(440)
     William B. COOK administrator of the Estate of Isaac CROWDER Decd
 appeared in Court and returned an account of sales of said Estate 
which was ordered to be recorded.

     Ezekiel SANDERS administrator of the Estate of Samuel FINLEY Decd 
appeared in open Court & Returned an Inventory and account of sales of 
the Estate of said FINDLEY which was ordered to be recorded.

     Pervines FOX administrator of Hezekiah DAVIS decd appeared in 
Court and presented an Inventory an account of sales of said estate
 which was ordered to be recorded.

     The commissioners appointed at a former term of this Court to set
 apart to Euphemia TOMILSON widow of H. B. TOMILSON Decd one years 
provision reports as follows, to wit,
We the undersigned freeholders of Marshall County after being duly 
sworn have proceeded to set apart Ephemia TOMBLINSON widow of H. B.
 TOMBLINSON Decd so much of the crop and provision on hand as will 
be sufficient in our opinions to support her and her family one year 
from the death of her said husband we set apart to her for sd purpose
 the following articles, to wit, Forty barrels of corn, Twenty five 
bushels of wheat, sixty pounds of coffee, Twenty pounds of sugar, Two
 hundred pounds salt, one pound pepper, one pound all spice one milk 
cow, 600 sheaves of fodder, the cabbage Potatoes, Cotton and wool that
 is on hand also Ten head of small Hogs
                                    James ELLIOTT
                                    Thomas PARKS
                                    William ARTHUR
Which report being seen and by the Court was in all things confirmed 
and ordered to be recorded.

     Mary COOK        )
            vs        )
     S. G. COOKS heirs)
     The commissioners appointed at this Courts former term to set apart
 one

(441)
years provision to Mary COOK widow of Sandy G. COOK Decd made here to 
Court the following report, to wit,
     State of Tennessee, Marshall County,
     We the undersigned having been duly appointed and qualified to set
 apart one years provision to Mary COOK widow of Sandy G. COOK deceased
 having been advised in the premises do allot and set aoart to her for 
that purpose the following articles, to wit, Twenty barrels corn, Ten 
bushels wheat Thirty pounds coffee, Thirty pounds sugar, Two bushels 
salt & five hundred pounds of pork.  Given under our hands and seals 
this 30th day Nov. 1840.
                        Joseph McBRIDE (seal)
                        Wynne TWITTY (seal)
                        Jones   X   COLLINS (seal)
                              his mark
Which report being seen and fully understood by the Court was on motion
 to be enrolled and made the order of this Court.

     Nancy CROWDER    )
              vs      )
     Isaac CROWDERS &C)
     The commissioners appointed at a former term of this Court to set
 apart one years privision to Nancy CROWDER widow of Isaac CROWDER Dec.
 made to this Court now here the following report, to wit,
     State of Tennessee, Marshall County.
     We the undersigned having been duly appointed and qualified to set
 apart one years provision to Nancy CROWDER widow of Isaac CROWDER Decd
 having been advised in the premises do allot & set apart to her for 
that purpose the following articles, to wit, Thirty five barrels of 
Corn, Ten head of hogs, Ten bushels of wheat, Twelve dollars worth of 
Coffee Two bushels salt, The useof one cow for twelve months. Given 
under our hands & seals this 13 day November 1840.
                             Zach GANT (seal)
                             Wynne TWITTY (seal)
                             Jones COLLINS (seal)
Which report being fully understood by the court was on motion ordered 
to be enrolled and made the order of this Court.

(442)
     Monday Dec.,7, 1840.
     Tabitha DOYLE)
            vs    )
     Edward DOYLE )
     The commissioners appointed at a former term of this Court to set 
apart one years provision to Tabitha DOYLE widow of Edward DOYLE Decd. 
made here into Court the following report, to wit, We the undersigned 
freeholders of Marshall County after being duly sworn have proceeded to
 set apart to Tabitha DOYLE widow of Edward DOYLE deceased so much of 
the crop and provisions on hand as will be sufficient in our opinions 
to support her and her family one year after the death of her husband,
 we set apart to her for said purpose the following articles to wit, 
1 Bed & furniture, 1 Cow and Calf, 800 lbs good fat pork abd the offill
 - 10 barrels corn to fatten said pork besides her years allowance in 
corn- 35 Barrels corn for yearsprovision, 800 lbs good merchantable 
flour, 60 lbs good coffee & 1pp lbs sugar, 3 bushels salt 500 Bd fodder
 & 500 Bd of oats this Oct.28,1840
                              Henry RONILL (seal)
                              John APPLEBY (seal)
                              Lile A. EWING (seal)
Which report being fully understood by the Court was in motion ordered 
to be enrolled and made the order of this Court.

     Harriett) Widows Provisions
     The Commissioners appointed at a former term of this Court to lay
 off And set apart to Harriett FINLY widow of Samuel FINLEY Decd one 
years provision made their report to the Court now here as follows, 
to wit:
We the undersigned being appointed by the County of Marshall County &
 State of Tennessee to lay off and set apart to Harriett FINLEY widow
 of Samuel FINLEY Deceased one years provision from the death of her 
husband Samuel FINLEY deceased do say one Cow & calf, Beef in hand - one
 thiusand pounds of pork- Ten Bushels of wheat, Thirty Barrels of Corn- 
four bushels of salt- Fifty five pounds of sugar, Twnety five pounds 
Coffee- What bacon and lard on hand, one pound pepper, one half pound
 Spice, three small shoats.  Witness our hands and seals. Novermber 
28th 1840.
                              Harris MAULDIN (seal)
                              Harry TALLEY (seal)
                              Jas. BELL (seal)
Which report being unexcepted to was in all things confirmed and on 
motion it was ordered to be enrolled and made the order of this Court.

(443)
     Mary DAVIS Widow &C)   Years allowance to &C 
     The commissioners appointed by this Court at a former term thereof
 to assign one years provision to Mary DAVIS widow of Hezekiah DAVIS 
Decd. made here into open Court the following report, to wit, We the 
undersigned freeholders of Marshall County, after being duly sworn, have
 proceeded to set apart to the widow of Hezekiah DAVIS deceased so much
of the crop and provisions on hand as will be sufficient in out opinions 
to support her and her family one year from the death of her said 
husband, we set apart to her for said purpose the following articles, 
to wit, one thousand pounds of Pork, Thirty barrels corn, Three hundred 
pounds of flour, three hundred pounds of salt, Thirty pounds of Coffee,
 75 pounds of sugar - one pound of finger one pound of spice- one of 
pepper one cow- this 24 November 1840.
                      John FOX
                      Thomas HARDISON
                      Charles HARDISON
Which report being enexcepted to, was on motion ordered to be enrolled 
and made the order of this Court.

     State of Tennessee)
            vs         )    Inquest &C
     Robert H. HUNTER  )
     Pursuant to an order made in this case at the October term 1840 of
 this Court the Sherriff of this County in execution thereof returns 
into Court now here the following report to wit, “We the undersigned 
freeholders of Marshall County having been duly summoned and sworn as a
 Jury to inquire into the mental condition of Robert H. HUNTERM after 
diligently investigating the matter, do find that the said Robert H. 
HUNTER is an Idiot and utterly in capable of managing his own affairs 
with safety to himself and others.  We also find that he is possessed of
 125 acres of Land willed to the said Idiot by Robert HUNTER at his 
decease & also an individual interest in the real estate of E. C. HUNTER
 Deceased.  We cannot ascertain the amount as the administrators have 
not paid over the moneys.
     Signed December 5th 1840.
Robert C. DYSART, James MILLER, John MILLER, William ANDERSON, William 
MARTIN, Mordecai D. DYSART, John DYSART, Robert PATTERSON   Andrew 
MILLER, Caleb BROWN, Vincent B. MARTIN, Andrew DYSART.

(444)
     Monday December 7 1840.
     Which report being seen & by the Court understood & no exceptions 
being made thereto was by the Court in all things confirmed and ordered
 to be enrolled.
     And thereupon Milton B. HUNTER appeared in open Court, and on 
motion was by the Court appointed guardian of the said Robert H. HUNTER
 Idiot as aforesaid who entered into bond in the sum of Four thousand 
dollars conditioned as the Statutes in such cases made and provided 
directs with John MILLER & Ephraim HUNTER as his securities.

     Thos, ROSS Admrs of Saml. HILLS Dec. It appearing to the 
satisfaction of the court, that Samuel HILLIS a late citizen of our 
County of Marshall hath departed thislife leaving no last will and 
Testament and Thomas ROSS having applied for letters of administration 
of all and singular the goods & chattles Rights & Credits which was of 
said Deceased at the time of his death, and the court being satisfied 
of his right to obtain them.  It is therefore on motion ordered by the
 Court that Thomas ROSS be appointed Administrator of all & singular 
the goods and chattles, Rights & credits of the said Samuel HILLIS, 
whereupon the said Thomas HILLIS, whereupon the said Thomas ROSS 
entered into bond in as such asministrator in the sum of fifteen 
hundred dollars conditioned as the Statutes in such casemade and 
provided directs and took the oath prescribed for administrators to 
t ake with Solomon MEADOWS and Lile A. EWING as his securities- Wm. 
G. CLAYTON guardian and &C.

     It appearing to the satisfaction of the Court that Marcellus FOWLER
 and Augustus FOWLER heirs of Osburn L. FOWLER Decd minors, having no 
guardians Known to this Court, and William G. CLAYTON having now applied
 here in open Court to be appointed their Guardian, and the Court being 
satisfied of his ability to discharge the duties thereof.  It is 
therefore ordered by the Court that the said William G CLAYTON be 
appointed guardian of the said Marcellus & Augustus FOWLER minors as 
aforesaid, And thereupon the said William G. CLAYTON executed his bond
 in the sum of six thousand dollars conditioned as the law directs with
 William B. COOK and Humphrey N. COWDEN as him securities.

     John B. FOWLER, Guardian &C.
    
     This day Joseph Edwin FOWLER as minor & heir at law of Osburn L. 
FOWLER, appeared in open Court & being over fourteen years of age 
selects John B. FOWLER a citizen of Marshall County to be his guardian 
and it also appearing to the satisfaction of this Court that Alanter L.
 FOWLER and Lucien FOWLER other heirs os said Osburn L. FOWLER and 
minors,

(445)
minors who have no guardian Known to this Court, and the said John B. 
FOWLER having now made application in open Court to be appointed their
 guardian, and the Court being satisfied of his ability to discharge 
the duties of said trusts.  It is therefore ordered by the Court that 
the said John B. FOWLER be ap- appointed guardian of the said Edwin 
FOWLER, Alanter L. FOWLER & Lucien FOWLER minors as aforesaid, And 
thereupon the said John B. FOWLER executed his bond in the sum of siz 
thousand dollars, conditioned as the law directs, wit Thomas H. HARDIN
 and Shadrach MUSTAIN as his securities.

     Elizabeth RITCHIE, guardian &C.  It appearing to the satisfaction 
of the Court that Calvin Dewitt RITCHIE this Court that Calvin Dewitt 
RITCHIE and Elizabeth Ann RITCHIE heirs at law of John RICHIE Decd are
 minors having no guardians: And Elizabeth PICHIE having no applied in
 open court to be appointed their guardian, and the Court being 
satisfied of her ability to discharge the duties imposed on her by 
virtue of said Trust.  It is therefore ordered by the Court that the 
said Elizabeth RITCHIE be appointed guardian to the said Calvin Dewitt 
RICHIE & Elizabeth Ann RITCHIE minors as aforesaid,, and thereupon the 
sd Elizabeth RITCHIE executed her bond in the sum of one thousand 
dollars conditioned as the law directs with William LIPSCOMB and Joseph
 as his s ecurities.

     On motion it is ordered by the Court that Elias DODSON be 
appointed overseer of the Columbia road in the room of David HILL and
 that he have the following hands to wit, William D. BALDRIDGE, James 
RUST, William PEEL, Wm. TURNER, Joseph JONES, Thomas COGGINS, Wm. T. 
ANDERSON, Charles WILLIAMS   David FOSSETT & David HILL or those who 
may live where those hands formerly lived when David HILL was appointed 
overseer to keep said road in repair. Issued.

     On motion it is ordered by the Court that Harvey B. WELCH be 
appointed overseer of the Lewisburg road in the direction of
 Fayetteville commencing at Martin DAVIS’s & terminating at the top of 
the Elk ridge & that he have the following hands, to wit, T. G. W. 
GOODWIN, A. RAMSEY, Jacob FOWLER, Dr. HAYWOODS hand, E. BRAY, J. E. 
SWANSON, J. E. SAMSON, J. CARROLL, E. RAMBO, & hands, A. GRAHAM, E. 
RAMBO Jr., A. Richd. DAUGHERTY &C or those who may now live in the 
above bounds where those lived in June 1840 to keep sd road in repaird.
 Issued.

(446)
     On motion it is ordered by the court that Leander EWING be 
appointed overseer of the Halls ford road from the old Maury Cty line 
to Berlin in room of James FINLEY and that he have the hands who 
formerly worked on said road. Issued.     

     On motion it is ordered by the Court that Jonathan SMITH be 
appointed overseer in room of William A. RECORD of the road from Jas. V. 
EWINGS to David FAUCETTS and that he have the hand which said RECORD 
had, to keep the same in order, to wit, his own hands, John W. DANIEL,
 Thos. NIX Jr., R. L. WINSTONS hands & sons, George RONE, Carroll 
DUNCAN, Wm. ROGERS, Joseph GLENN, the HARRIS hands & all those who 
worked under sd.RECORD or those who may live where they did, when the 
said Wm. A. RECORD was appointed - or in the bounds. Issued.

     On motion it is ordered by the Court that Prior C. DAVIS be
 appointed overseer in the room of Welborn DAVIS & that he have all the 
hands on the McKNIGHT branch & the dividing ridge between Richland and 
Cane Creek so far south as will include the farmers of James CAMPBELL &
 Squire WILLIAMS. Issued.

     On motion it is ordered by the Court that Phillip WALKER be 
appointed overseer in room of Josiah LAWRENCE of the road from Thomas
 CHEATHAMS to the forks of the road below Jacob LAWRENCES and that he
 call upon the hands that were subject to said road under said LAWRENCE
 who were the following, to wit, Jno. McCONNELL, Jas. McCONNELL, 
Jeremiah McCONNELL   A. D. MITCHELL, Joseph OWENS, Wm. B. McCONNELL, 
Josiah M. LAWRENCE   John H. LAWRENCE, R. D. MONTGOMERY, Allen R. BOBO,
 Wm. G. DICKSON, Allen BRYANT & Josiah LAWRENCE- and all others who may
 live in their bounds. Issued.

     On motion it is ordered by the Court that Willis BAUCOM be 
appointed overseer of the road from the old Maury line to the Nashville
 County line in the room of James B. SCOTT, on the road running from 
RAINEYS to HURTS X Roads and that he have the hands in the following 
bounds, to wit, Beginning at John COLES running to John R. MOORE- thence
 to John COLLINS- thence to John DINKINS, thence to Joseph CALON, thence
 to Jacob PITMAN- thence to the beginning, to keep the same in repair- 
Issue.
     Ordered that Court adjourn until tomorrow morning-Eleven o’clock.
                            J. N. FIELD J.P.
                            Burgess HARDIN  J.P.
                            Jno. HATCHETT   J.P.            

(447)
      Tuesday morning December 8, 1840.
     Court met according to adjournment, Present John FIELD Burgess 
HARDIN and John HATCHETT Esqr. Gentlemen Justices of the Peace-
Proclamation being made the Court was opened.
     There being no further business before the Court, It was therefore 
ordered that court adjourn until Court in Course.
                              J. W. FIELD   J.P.
                              Burgess HARDIN J.P.
                              Jno. HATCHETT J.P.