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MARSHALL COUNTY TENNESSEE COURT MINUTES FEBRUARY 1838 SESSION
Page
(89)
Ste State of Tennessee.
At a Court begun and held for the County of Marshall at the house
of Abner HOUSTON on the first Monday in February the same being the
fifth day of the month in the year of our Lord one thousand Eight
hundred & thirty eight. Present John HATCHETT Chairman, Joseph CLEEK,
James ADAMS, E. HUNTER, J. SUFFIELD, Thomas HARDISON, James REED, John
FIELDS, G. W. McBRIDE William COWDEN Thomas ROSS, Asa HOLLAND &
William WILKS and Thos. CUMMINGS Gentlemen Justices of the peace.
Ordered by the Court that Nimrod ANDREWS be appointed overseer of
the road leading from Mooresville to TILLMAN’s Mill on duck river
commenceing at the County line near the widow ANDREWS & terminateing at
William STONES and that he have the former hands. Issued.
Ordered by the Court that Thomas ROSS & James OSBURN be released as
Commissioners for the poor house establishments and on motion it is
ordered by the Court that John WEAVER Nathan GLENN and Peter PHIFER
be appointed Commissioners for said poor house &C.
Ordered by the Court that William TALLEY be appointed overseer of
the REEDS gap road in room of the REEDS gap road in room of Henry
COLLINS and that he have the former hands. Issued.
On motion it is ordered by the Court that James C. RECORD
Thomas ROSS and John ALEXANDER be appointed Commissioners to settle
with James HOUSTON & Cary T. KELLEY administrators of Christopher
HOUSTON deceased and make report to the next term of this Court.
Issued.
On Motion it is ordered by the Court that the County Trustee of
Marshall County pay to Thos. ROSS and James OSBURN the sum of six
dollars each for their services as Commissioners for thepoor house
establishment out of any moneys not otherwise appropriated.
(90)
Magarstrates voting in the affirmative Asa HOLLAND James ADAMS
Thomas WILSON, John FIELDS, James PATTERSON & James REED- Noes none.
Ordered by the Court that William ALDRIDGE be appointed overseer of
the road Commenceing at duck river & terminateing near Nathaniel SMITHS
field and that he hav e all the hands who live in the bounds who worked
under the former overseer Issued.
George W. McBRIDE presented his account for his services as
commissioner to locate the seat of Justice for Marshall County for
Eighteen dollars. And on motion the vote was taken which is as follows
Ayes William WILKS, Thomas CUMMINGS, James ADAMS, Asa HOLLAND James
PATTERSIN, William COWDEN, Thomas WILSON, John FIELD, Thomas ROSS &
Jason B. SHUFFIELD 10, Noes None. Issued.
Ordered by the Court that T. C.H. MILLER, Cary T. KELLY James
McCONNEL, James C. RECORD, Robert WILLIAMS and S. W. BEATTY be
appointed Commissioners to lay of Marshall County into fifteen districts
according to law and make report as the law directs. Issued.
On motion it is ordered by the Court that the trustee of Marshall
County pay to Joseph McCORD the sum of three dollars for a sledge hammer
which he has purchased for the use of a public road in said County.
Issued.
Ordered by the Court that Joseph FRY be appointed overseer of the
road from Moorsville leading to Giles County line beginning at the east
end of Morgan FITZPATRICKS land & work to Giles County line and that he
have all the hands who worked under the former overseer. Issd.
Ordered by the Court that William BILLS be appointed overseer of
the road from William D. EWING to McMURRYS Mill and that he havethe
following hands (to wit) H. WALDON, Federick FISHER Jn. W. VINCENT,
J.A.T. HIGHTOWER and Moses W. HELMS. Issued.
(91)
Ordered by the Court that James HARRIS be appointed overseer of
the road leading from James EWING to David FAUSETTS and that he have the
following hands, (to wit) Jonathan SMITH & hands John RHEA & hands,
Jonathan SMITH & hands, Sion RIGHT James PATTERSON George PATTERSON,
John McDANIEL Thomas NIX Jr Elijah NIX Nedom WIGGS Robert L.
WONSTONS hands, William ROGER Daivd ROGERS Jn. Jackson ROGERS
Joseph GLENN William BARNES Isaac GRAVES, Sherwood GRAVES, John
HARRIS, George LONDON Giles HARRIS, David FISSETT, Gideon HARRIS’s
hands, David and Nathaniel HARRIS’s hands, James HARRIS, T. P. WINSTON,
J. MORTON Garrison PETTIS and Wiley RONE. Issd.
Ordered by the Court that John H. BRECHEM be appointed overseer of
the road Commenceing at Lewisburg and terminateing at the west end of
John W. RECORDS Lane and that he have the hands who worked under William
RHEA the former overseer Issd.
Ordered by the Court that John COX be appointed overseer of the
Shelbyville road commenceing at John COWDENS and terminateing at the
Gile County line at New Hope meting house, and that he have the former
hands who worked on said road to keep it in repair. Issd.
Ordered by the Court that William BARRON be appointed overseer of
the Columbia road in the room of James Mc CONNELL commenceing at Samuel
McCONNELLS and terminateing at Hiram WILSONS and that he have the hands
subject to work thereon under said James McCONNELL the former overseer.
Issd.
Ordered by the Court that Archibald McCONNELL be appointed an
overseer of the road in room and stead of James C. POWELL and that he
have the former hands which said POWELL had to keep the same in repair.
Issd.
Ordered by the Court that John T. HARRIS be appointed overseer of
the road from CHANDLERS Mill on Duck river to the County line in the
South side of Duck river and to have the hands that was alloted to
Lawson HARRIS to keep the same in repair. Issd.
(92)
Ordered by the Court that William BURNS be appointed overseer of
the road from the Fifteen mile post to the County line and Levi LONDON
be overseer of the road from the said Fifteen mile post to Mrs. EVANS
in room of Richard WILKS & that they have the hands that worked under
sd. WILKS to keep their roads in repair. Issd.
Ordered by th Court that john ELLISON be appointed overseer of the
road from Farmington to the Bedford County line, and that he have the
hands in the following bounds, Viz; Beginning at the County line,
running North so as to include George CLASCOCK thence West so as to
include John HARKNESS and Thomas POWDRILL thence South to the East fork
of Rock Creek- thence up said Creek so as to include Archibald ADAMS to
the County line- thence to the beginning- Issd.
Ordered by the Court that Milton B. HOLT be appointed overseer of
the road from William STONES to Mooresville in room of Zadock WYNEE.
Issd.
Ordered by the court that the revenue of Marshall County be divided
in the following manner, (to wit) five cents on each One hundred
dollars value property. Twelve & ˝ cents on each white poll.
The Commissioners appointed to lay off one years provision for the
widow of John BURMINGHAM Deceased reports as follows (to wit)
We the undersigned freeholders of the County of Marshall after
being duly sworn have proceeded to set apart tot he widow of John
BURMINGHAM, deceased so much of the Crop & provisions on hand as will be
sufficient in our opinion to support her & family one year from the
death of her said husband we set apart to her for said purpose the
following articles (to wit) Fourteen hundred & nineteen lbs of pork all
the stock of corn on hand supposed to be thirty Barrels Twenty two
bushel s of wheat one cow and calf first choice one hundred & fifty
pounds of seed Cotton, A choice stack of oats & five hundred bundles
of salt, the stock of tallow on handm the soap and soap grease on hand.
January 18th 1838.
Thomas H.HARDEN
W. A. GILES
David NOWLIN
(93)
Cary T. KELEY one of the administrators of Christopher HOUSTON
deceased appeared in open Court & presented an additional account of
sales of said estate which was ordered to be recorded.
B. BINGAMAN Administrator of Nancy DRYDEN deceased appeared in open
Court & presented an Inventory & account of sales of said estate which
was ordered to be recorded.
Felix G.. GIBSON & John H. CLAYTON administrators of the estate of
Stephen CLATON deceased appeared inopen Court & presented an Inventory
account of sales of said estate which was ordered to be recorded.
George W. BURMINGHAM & Sarah BURMINGHAM administrator &
adminiistratrix of J. BURMINGHAM Deceased appeared in open Court and
presented an Inventory & account of sales of said estate which was
ordered to be recorded.
Jesse MORTON Guardian of William T, Asa L. John W. & Lucy N.
STAMPS minor heirs of Bird STAMPS Decde appeared in open Court and
exhibited his account as Guardian as aforesaid which being seen by the
court who received and ordered to be recorded.
John PATTERSON appeared in open Court, and was thereupon appointed
Guardian of Malissa PATTERSON and Thomas J. PATTERSON who entered into
bond in the sum of five thousand dollars, with James PATTERSON & S.
VENABLE his securities.
Tho,as H. HARDIN is by order of the Court appointed Guardian of
Eliza Jane WOODBY a minor heir of Ezekiel WOODBY Decd who gave bond with
Elias RAMBO Security in the sum of sixty three dollars.
Ordered by the Court that John FIELD be appointed guardian to James
Nabe Redding Carroll, Hepsabeth & Rebecca McAFFEE minor orphans of
Mills McAFFE Deced who gave bond with Charles HARDISON securities in the
sum of Twelve hundred dollars.
(94)
Ordered by the court that Nancy MARTIN be appointed Guardian of
Joseph, Isaac D. Julie, Polly and Eliza MARTIN Minor orphans of Thomas
W. MARTIN Deceased, who gave bond with Charles HARDISON and John FIELD
securities in the sum of one thousand dollars.
On motion, and it appearing to the satisfaction of the Court, that
Robert L. WILSON hath departed this life leaving no will and William &
Favors having applied for letters of administration in the estate of
said untestate & the Court being satisfied if their right to obtain them
it is ordered by the Court that they appointed administrators of the
goods and Chattels rights and Credits of said intestate who gave bond
with John LAWS and John PATTERSON securities in the sum of Two hundred
dollars.
On motion and it appearing to the satisfaction of the Court that
Roger L. WILLIAMS hath departed this life leaving no Will and Charles
A. WILLIAMS having applied for letters of administration on the Estate
of said Deceased and the Court being satisfied if his right to obtain
them, it is ordered by the Court that he Charles A. WILLIAMS be
appointed administrator of the goods & Chattels, rights & Credits of
said intestate who gave bond with Charles WILLIAMS and Isaax H.
WILLIAMS securities, in the sum of one thousand dollars.
On motion, and it appearing to the satisfaction of the Court that
Montgomery BAXTER bath departed this life leaving no will and James
BAXTER having applied for letters of administration on the Estate of
said Deceased, and the Court being satisfied that he James BAXTER be
appointed administrator of the goods & Chattels Rights & credits of
said intestate who gave bond with John W. RECORD and George W. RECORD
securities in the sum of one thousand dollars.
On motion and it appearing to the satisfaction of the Court that
William M HANCOCK hath departed this life leaving no will and James M.
RIGGS having applied for letters of administration on the Estate of
said Deceased & the Court being satisfied of his right to obtain them.
It is ordered by the Court that he the said James M. RIGGS be
appointed administrator of the goods & Chattels rights & Credits of
said estestate who gave bond with Thomas O. HUNTER & John SHUFFIELD
securities in the sum of Three hundred dollars.
On motion it is ordered by the Court that James BAXTER Thomas
McKEE & William WILDER be appointed Commissioners to lay off one years
provision for the widow of R. L. WILLIAMS deceased & report to the next
term of this Court.
(95)
Asa HOLLAND, William CRUNK and Matthias NICHOL who was appointed
Commissioners &C at a former term of this Court report-as follows
(to wit)
State of Tennessee, Marshall County
In obediende to an order to us directed from the County Court of
said County we do divide the hands as follows Isham R. HOUZE tp have his
own hands, William D. HOUZE, William T. SCOTT & all other hands in the
above bounds, J. J. B. CRUNK to have the following hands that may be on
CAMPBELLS plantation, William CRUNK and all hands on his plantation,
George WOODWARD and all hands on his plantation, George WOODWARD and all
hands on his plantation Abner G. JONES & all hands on his plantation,
James B. TALLEY & all hands on his plantation and all other hands in the
above bounds.
S. C. CHETWOODa the following hands G & L LEONARDS plantation D.
BLAKEMORE and all hands on his plantation Richard WELCH house the house
where L. M. GRAY lives all hands on S. C. CHETWOODS plantation, Peter
LUNA & all hands on his plantation all hands on BRIANTS plantation &
Caswell LEE & all other hands that may be in the above bounds. James
PATTERSON to have the following hands all hands living on the branch
west of P. W. BROOKS that the Lewisburg road runs up, James WILSON to
have the following all hands on his plantation all hands on Orson GRAYS
plantation B. B. MERRITT plantation William NORWOOD, A. R. LARWOOD
Henry TALLEYS plantation and Samuel TALLEY, James B. LUNA to have all
the hands assigned him by the previous Commissioners west of the
Nashville road with the Exception of H. TALLYS plantation and Samuel
TALLEY, All of which we humbly submit to to the consideration of the
Court.
Issued, Asa HOLLAND
Wm. CRUNK
Mattias NICHOLS
Which report being seen and by the Court fully understood was in
all things confirmed and made the order of the Court and ordered to be
entered of record.
(96)
Martin ADAMS Adam MILLER & Edward OSTEEN who were appointed
Commissioners at the December term of 1837 of this Court to s et
aparrt one years provision for Elizabeth STAMMERS widow of Thomas
STAMMERS Decd reported as follows - Viz-
State of Tennessee, Marshall County.
We the undersigned Commissioners met agreeable to an order from
the county Co r t of said County at the December term 1837 to lay off
a years privision for Elizabeth STAMMERS. We lay off a Crib of corn
supposed to contain Fifty barrels of Corn Fifteen hundred pounds of
pork forty pounds of coffee, Eighty pounds of sugar, Two cows & calves-
tow hundred pounds of seed Cotton, a stack of fodder. December 20,
1837.
Martin ADAMS
Adam MILLER
Edward OSTEEN
Which was ordered to be recorded.
William O. RUTLEDGE Guardian of Obadiah P. RUTLEDGE exhibited in
open Court his account as guardian, which been seen by the Court and
sworn to by said guardian as the law directs was received and ordered
to be recorded.
Levi GARRETT guardian of Leroy L. FARMER, Thomas L. FARMER &
Elizabeth FARMER heirs at law of Clement L. FARMER exhibited in open
Court his account as guardian which being sworn to as the law directs,
was ordered to be recorded.
State of Tennessee, Maury County.
County Court, January Term A. D. 1838.
On motion of Gideon J. PILLOW Esqr and it appearing to the
satisfaction of the court that William O. TITLEDTGE was appointed by
this Court as a former term Guardian of the minor heirs of Thomas
RUTLEDGE deceased and that since his appointment as Guardian of said
minors he and said minors have been stricken off from Maury_attached to
Marshall County & that he has been duly appointed by the County Court of
Marshall County Guardian of said minors. It is therefore considered &
ordered by the Court that the said William O. RUTLEDGE be released from
making settlement with the Court as Guardian of said minors and that he
make
(97)
his settlements with the his settlements with the County Court of
Marshall County.
I William E. ERWIN Clerk of the County Court of Maury County
certify the foregoing to be a true copy of the order of record in the
above case as the same now appears and remains of record in my office.
Witness my hand at office this 9th day of January A D 1837.
Wm. E. ERWIN Clerk of Maury County Court.
State of Tennessee, Maury County.
County Court September term A. D. 1837.
On motion and it appearing to the satisfaction of the Court that
Thomas D. KENEDY was appointed by this Court at a former Term guardian
of Minerva Ann EAVENS a minor heir of John EAVINS deceased & since his
appointment his ward has been stricken off into Marshall County and that
he has been appointed guardian of said minor by the County Court of
Marshall County
It is therefore ordered by the Court that the said Thomas D. KENEDY
be released in futire from making settlement with this Court as
Guardian of said minor & that in the future he make his settlements with
the County Court of Marshall County, A true Copy from the records.
Witness: Wm. E. EVANS Clerk of
Maury County Court.
Minerva Ann EVANS minor heir of John EAVINS deceased Exhibited in
open Court his account as Guardian which being sworn to as the law
directs was ordered to be recorded.
Thomas C. H. MILLER Guardian of Thomas WILSON, Hulda M. W. WILSON,
James T. WILSON Pleasant A. WILSON Mary WILSON John R. WILSON
Exhibited in open Court his account as guardian which being sworn to as
the law directs was ordered to be recorded.
(98)
Peter WILLIAMS Thomas WILSON and William COWDEN who was appointed
at a former term of this Court commissioners &C reports as follows
(to wit) We the undersigned free holders of Marshall County after being
sworn have proceeded to set apart to Mary KENEDY widow of James KENEDY
deceased so much of the crop and provisions on hand as will be
sufficient in our opinions to support her and family one year from the
death of her said husband we set apart to her for said purpose the
following articles (to wit)
Fifty Barrels of Corn Fifteen hundred pounds of Pork one beef Steer
one Cow and Calf five hundred Bundles of Fodder and five hundred
Bundles of oats one Barrel of Salt weighing 300 pounds Fifteen Bushels
of wheat and all of the Cotton and wool on hands Twenty five pounds of
Coffee and Twenty five pounds of sugar one pound of Pepper one Pound of
Spice and one pound of Ginger all of the soap on hands.
Given under our hands and seals this Nov. 1837.
Peter WILLIAMS (seal)
Thomas WILSON (seal)
Wm. COWDEN (seal)
Which report was in all things confirmed and ordered to be
recorded.
State of Tennessee, Maury County Court, September Term A. D.
On motion and it appearing to the satisfaction of the Cort that
John W. RECORD was appointed by this Court at a former term guardian of
William H. EVANS a minor heir of John EVANS Decd and since his
appointment, he and said ward have been stricken off into Marshall
County, that he has been appointed guardian of said Minor by the County
Court of Marshall County. It is therefore ordered by the Court that
the said John W. RECORD be released in fufutre from making settlements
with this Court as guardian of said minor and that in furure he make
his settlement with the county Court of Marshall County.
Witness Wm. E. ERWIN Clerk.
John W. RECORD guardian of William H. EVANS a minor heir of John
EVANS Deceased Exhibited in open Court his account as guardian which
being sworn to as the law directs was ordered to be recorded.
(99)
John SHUFFIELD Administrator of all and singular the Goods and
Chattels Rights and Credits of Arthur SHUFFIELD Deceased presented to
Court his account of sales of the property of said intestate which being
duly sworn to was ordered to be recorded.
Elizabeth STAMMERS Administratrix & Demore R. D. DOLYN
Administrator of all and singular the Rights & Credits, goods and
Chattels of Thomas STAMMERS Decd presented to Court their account of
sales of the personal property of said intestate which being duly sworn
to as the law directs was ordered to be recorded.
Thomas D. KENNEDY and John R. HILL administrators of all and
singular the goods & Chattels, rights & Credits of James KENNEDY
Deceased, presented to the Court an Inventory of property and effect of
their said intestate, Together with an account of sales of the effects
of their intestate which being severally sworn to was on motion ordered
to be entered of record.
James P. DYSART and Robert C. DYSART Guardian of the minor heirs of
John DYSART Deceased Exhibited in open Court a Certified Copy of a
settlement with the County Court of Bedford County showing the amount of
funds for which they are accountable as guardians- together with a
return of other effects in form of a return which being sworn to as the
law directs was by the Court ordered to be entered of record together
with said Certified Copy as aforesaid.
The last will and Testament of Christopher HOUSTON Decd- was
produced un open Court, together with the verdict of the Jury &
Judgement of the Court of the proceedings had thereon in the Circuit
Court of Marshall County at te November term of 1837 of said Court,
establishing said paper as the last Will and Testament of said
Christopher HOUSTON Deceased and was by the Court ordered to be
recorded. And upon motion it is ordered by the Court that letters
Testamentary issue to John RAMSEY & James L. HAYNES, who accordingly
executed bond in the sum of Thirty thousand dollars, with Alexander
STINSON David RAMSEY and Samuel RAMSEY Securities thereto, and took
the oath prescribed by law for qualification.
(100)
Ordered by the Court that Thomas WILSON and William WILKS be
appointed Commissioners to settle with Jesse MORTON Guardian of the
minor heirs of Bird STAMPS deceased and make report as the law directs.
On motion Court adjourned untill nine o’clock tomorrow morning.
Jno. HATCHETT Chairman
Asa HOLLAND J.P.
James REED J.P.
Tuesday MORNING February 6th 1838.
Court met according to the adjournment present John HATCHETT
Chairman E. HUNTER James REED and Asa HOLLAND, Gentlemen Justices of
the peace.
It having been represented to the satisfaction of this Court that
John H. MOORE has departed this life leaving no last will and Testament.
And C. H. HOLT having applied for letters of Administration & the court
being satisfied on his right to obtain them- on motion it is ordered by
the Court that C. H. HOLT be appointed administrator of all & singular
the goods & Chattels, right & credits of the said MOORE deceased he
having given bond & security in the sum of Twenty thousand dollars with
Thomas WILSON T.G. EDMONDSON & Joel GIFFORD his securities & took the
oath prescribed by law.
The last will and Testament of William DUNCAN Deceased was
produced in open Court, together with the verdict of the Jury &
Judgement of the Court of the proceedings have thereon in the Circuit
Court of Marshall County at the November term 1837 of said Court
establishing said paper writing as the last will and Testament of the
said William DUNCAN Deceased, and the same being also proved by the
testimony of William D. EMMERSON & John W. RECORD sunscribing witnesses
thereto and was by the Court ordered to be recorded. And upon motion
it is ordered by the Court that Letters Testamentary issue to Joseph
DUNCAN who accordingly executed his bond in the sum of five thousand
dollars woth Hugh B. BIGHAM & Josiah DUNCAN Securities & took the oath
prescribed by law for qualification.
(101)
On motion it is ordered by the Court that Talbot ARTHUR Joel
GIFFORD & Ashley MOORE be appointed Commissioners to lay off one years
provision tp ----- MORE, the widow of John H. MOORE Deceased. Issd.
Ordered by the Court that William WILKS Esqr. Peter WILLIAMS Esqr
William McGREGOR, John B. FOWLER & James BOYET appointed to value a
tract Land whereon Joseph DUNCAN now lives according to the conditions
of the last Will & Testament of William DUNCAN Decd. Issued.
William WILLIAMS Jr appeared in open Court & took the oath to
discharge the duties of Deputy Clerk according to law.
John W. RECORD Trustee for Marshall County reported to this Court
in the following words & figures following to Wit-
“Report of the Trustee of Marshall County 1838.
In conformity with the Law which makes it the duty of the Trustees
in the State of Tennessee to make report to the Courts of their
respective Counties at the second term thereof after the first day of
January in each year, I herewith submit to the worshipful County Court
of Marshall County the following report- To wit-
Reced from J. R. HILL Sheriff og Marshall County the
sum og $910.00
Received of D. MaGAHEY Clerk of the Circuit Court
of Marshall County fines & forfeitures 102.50
Received of M. W. OAKLEY clerk of the County
Court of Marshall County fines & forfeitures 1837- 2.50
Recd for strays 49.62 ˝
___________
$1064.62
Paid out by theorder of the worshipful County Court of
Marshall County 799.68 3/4
Clerks Commission on fines & forfeitures 2. 50
____________
$ 802.18 3/4
Sworn to in open Court, February 1838.
M. W. OAKLEY Clerk John W. RECORD County Trustee
(102)
Ordered by the Court that the order made at the last term of this
Court requiring the Sheriff of Marshall County to bring all the
children of Catherine BALLARD a widow of said County to this Court to
be revived.
And thereupon Court adjourned until Court in Course
Jno. HATCHETT Chairman
Asa HOLLAND J.P.
James REED J.P..
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