This file was transcribed by TNM

MARSHALL COUNTY TENNESSEE COURT MINUTES–FEBRUARY 1840 Page (333) cont. February 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 severel Courts in said County on the first Monday in Februray the same being the 3rd day of the month A.D.1840. Present John FIELD, Burhess HARDEN and Ephraim HUNTER the quorum for the present year, Gentlemen Justices of the peace proclamation &C. The following proceedings were had Le vi COCHRAN administrator of William GIFFORD decd appeared in Court and moved the Court to correct an Error in the Inventory of the property of D. GIFFORD decd and thereupon It is ordered by the Court that said Inventory be refuced Twenty two dollars. (334) February Term 1840. Martin W. OAKLEY clerk of this Court presented to this Court an account of all final settlement made by him with Benjamin BIBGAMAN administrator of Nancy DRYDEN administrator of Nancy DRYDEN decd which repont 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 final settlement made by him with George W. BIRMINGHAM administrator of John BIRMINGHAM 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 Thomas H. HARDEN guardian of Thomas WILLIS for the year ending the 8th day of January 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 and account of a settlement made by him with with Joel GIFFORD Guardian of Robert GIFFORD for the year ending the 14th day of January 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 a ccount of a settlement made by him with James B. GILPIN guardian of Narcissa & Robert W. BAGLEY for the year ending the 25th day of January 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 Patey WILLIS guardian of Sarah WILLIS for the year ending the 8th of January 1840- which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (335) February term 1840. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Henry COLLINS guardian of John COLLINS for the year ending the 11th day of January 1840 which report being seen and by the Court understood was inall things confirmed and ordered to bee recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made with Thomas ROSS guardian of Jesse WILLIS for the year neding the year ending the 8th day of January 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 John MILLER guardian of the minor heirs of Allen N. WOODS dec for the year ending the 6th day of January 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 Thomas H. HARDEN guardianship of Eliza Jane WOODLEY for the year ending the 8th day of January 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 John RAMSEY guardian of William A. Mary D. & Josiah R. HUNTER minor heirs of Edwin C. HUNTER decd of February 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (336) Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with R. B. LONG guardian of William T. LONG, Nancy Jane LONG, & Sarah A. LONG for the year ending the 3rd day February 1840 which report being seen and by the Court understood 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 Wm. ALLEN Guardian of Robert ALISON for the year ending February 3rd 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Thomas H. ALLISON Executord of James ALLISON decd. appeared in Court and presented Two accounts of sales of said estate which was ordered to be recorded. H. N. COWDEN Executor of William COWDEN decd appeared in Court & presented an inventory & account of sales to be recorded. Carey T. KELLEY & Robert COX Executors of the estate of William ALEXANDER decd appeared in open court and returned and Inventory and account of sales of said Estate which was ordered to be recorded. John W. CAMPBELL administrator od the Estate of Camilla C. CAMPBELL deceased appeared in Court and presented an Inventory of said estate which was ordered to be recorded. Clark HOPWOOD appeared in Court and was thereupon appointed guardian of William G. CAPLE minor orphan of Brason D. CAPLE decd who Executed his bond in the sum of Twelve hundred dollars with H. B. WELCH and James OSBURN his securities which was accepted by the Court. Samuel H. BOREN appeared in Court and was thereupon appointed Guardian of Sarah A. BOREN formerly Sarah A. LONG who executed his bond in the sum of Three hundred dollars with George W. OGILVIE his security which was accepted by the Court. (337) Joel GIFFORD appeared in Court, and was thereupon appointed guardian of Franklin GIFFORD who Executed his bond in the sum of Two hundred dollars with Alexander WILES hsi security which was accepted by the Court. Willis HOPWOOD & W. M. HOPWOOD appeared in Court and was thereupon appointed guardian of Nancy H. Willis H. and David M CAPLE minor orphans of Branson D. CAPLE decd who Executed their bond in the sum of Thirty five hundred dollars with Matthew H. GILES and J. M. YOWELL their securities which was accepted by the Court. It having been represented to the satisfaction of this Court that William WARREN a resident of Marshall County has died leaving no Last will and testament and James F. WARREN 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 William WARREN decd and the Court being satisfied of his right to obtain them, and he having Executed his bond in the sum of Eight thousand and five hundred dollars with Thomas B. FAVOR & S. W. BEATY his securities which was accepted by the Court, the same is granted is therefore ordered by the Court that Letters Issue accordingly he taken the oath prescribed by law. On motion it is ordered by the Court that John P. BRUER J. B. SHUFFIELD and Joseph H. BRITTIAN be appointed commissioners to lay off and set apart to Jane WARREN widow of William WARREN decd one years provision from the death of her said husband and report to the next term of this Court. Issued. It having been represented to thesatisfaction of this Court that James DAVIS a resident of Marshall County has died leaving no last will and testament and Joseph DAVIS 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 DAVIS decd and the court being (338) satisfied of his right to obtain them and he having Executed his bond inthe sum of Twelve thousand dollars with John DAVIS and Jeremiah HOLT his securities the same is granted. It is therefore ordered by the Court thatLetters Issue accordingly he taken the oath prescribed by law. On motion it is ordered by the Court that John R. HILL Robert MARSH Peter WILLIAMS Esqr & James HOUSTON be appointed commissioners to Lay off and set apart to Christena DAVIS widow of James DAVIS dec. one years provision from the death of her husband and make report to the next term of this Court. The last will and testament of John LIPSCOMB late of Marshall County decd was this day presented in open Court and admitted to probate and the due execution of said Will was duly proven by the oath of John F. BRYANT and James J. BRYANT, subscribing witnesses thereto, and on motion it is ordered that Letters testamentary Issue to William WILKS Executor to said will who Executed his bond in the sum of seven thousand dollars with James C. POWELL and James HOUSTON his securities which was accepted by the Court & took the oath prescribed by law. Garland PARRISH administrator of the estate of Abram PARRISH dec appeared in Court and presented an additional Inventory of said estate which was ordered to be recorded. On motion it is ordered by the Court that Alfred P. PYLE be appointed overseer of the road from the south side of the top of the Elk ridge above W. LEONARDS and terminateing at William COOKS Mill and that he have hands who worked under the former overseer. Issued. On motion it is ordered by the Court that Thomas NORMAN be appointed overseer of the road from WILLIAMS Store to the Bedford County line towards Richmond and that he have the following hands, to wit, Wm. WILLIMS, James ALLISON, Larne D. STOCKDON, Henry BISHOP and Martin WISENOR. Issued. (339 & 340) Blank pages (341) February term 1840. On motion it is ordered by the Court that Jones COLLINS be appointed overseer of the road leading from Shelbyville to Pulaski commenceing at Benjamin BINGAMAN’s and terminateing at Williams COOK’s and that he have the former hands. Issued. Levi COCHRAN administrator of Wm. GIFFORD decd appeared in open Court and presented a refunding bond for the sum of Eleven hundred and two dollars Signed Joel GIFFORD Gideon GIFFORD and Polly JONES, The commissioners appointed at the last term of this Court to lay off and set apart one years provision for Christian HUGHES reports as follows, to wit, Pursuant to an or4ders of the County Court of Marshall County made at January term 1840 appointed Robert ORR John VINCIENT John RICHEE William STONE and William ORR to set apart to Christopher HUGHES widow of William HUGHES one years provision from the death of her said husband, the undersigned respectfully report that they have set apart the following articles for the support of said widow one year 1250 lbs of pork 3 Bushels of salt 35 barrels of corn 20 Lb tallow 10 Bushels of wheat 400" seed cotton 600 bundles of fodder 4 bushels of potatoes and all 30 lbs of coffee of which is respectfully 60 “ of shugar submitted to your worships 1 “ pepper January 29th 1840 1 “ ginger 1 “ spice ½ “ tea John VINCENT Wm. STONE Robert ORR William M. ORR (342) On motion it is ordered by the Court that Thomas LANE be appointed overseer of the fishing ford road commceing at the ford of Rich Creek and terminateing at Duck river and that he have the hands in the following bounds, to wit, Begining at WARNER’s old ford on duck river thence with the WARNERS old road south to the end of John LANE’s lane thence east with the Shelbyville road so as to include Livingston ANDERSON & John PENN to Hannahs train east of Charles HOPPERS thence north to the uper Fishing ford road so as to include Hugh RAY & Gideon PARNEL thence with said road to Duck River so as to include Thomas O. HUNTER’s hands thence down said river to the begining. On motion it is ordered by the Court that Sandy K. BILLS be appointed overseer of the road from Taylors Branch to the widow EVANS and that he have the former hands. Issued. Samuel BECKET Rebeca BECKET, Isabeler PETTIS and Alexander H. SWAN appeared in open Court and acknowledged that a power of attorney Executed by them to garrison PETTIS to authorize him the said PETTIS to ask receive and demand from any person in the State of South Carolina any money that may be coming to us as heirs at Law of Timothy SWAN and do and perform all other things in obtaining the same. Court adjourned to the County Clerks office, Court met at the clerks office, Present Burgess HARDEN Ephriam HUNTER and Thomas WILSON and Thomas WILSON Justices of the peace &C. Levi COCHRAN administrator of Wm. GIFFORD dec. appeared in court and retired a refunding bond in the sum of Two hundred and sixteen dollars sixteen cents. Signed by R. B. DENHAM and Joel GIFFORD. Martin W/ OAKLEY clerk of this Court presented to this Court and account of a settlement made by him with Henry BISHOP guardian of Amred W. ALLISON for the year ending the 3rd day of February 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (343) Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Levi GARRET Guardian of the minor heirs of Clemment FARMER decd for the year ending the 25th day of December Last which report being seen and by the Court understood was in all things confirmed and ordered by the Court to be recorded. The commissioners appointed at the former term of this Court to lay up provisions for the widow of Elias BILLINGTON decd reports as follows to wit, We the undersigned freeholders of Marshall County after being turly sworn have proceeded to set apart to Treacy BILLINGTON widow of Elias BILLINGTON decd so much of the crop and provision 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 purposes the following articles, to wit, fifty Barrels of corn forty bushels of wheat one stack of oats one stack of fodder sixteen choice hogs Twenty dollars worth of suagar and coffee ten dollars worth of salt one pen of shucks this 27th day of November 1839. James PATTERSON (seal) James PATTERSON (seal) Reuben FISHER (seal) James BILLINGTON Executor of widow McALL decd appeared in Court and presented an Inventory and account of sales of said estate which was ordered to be recorded. James BILLINGTON administrator of Elias BILLINGTON decd appeared in Court and presented an Inventory of said Estate which was ordered to be recorded- And thereupon Court adjourned untill Ten oclock tomorrow morning, Js. T. FIELD J.P. Burgess HARDIN J.P. Ephraim HUNTER J.P. Thomas WILSON J.P. Tuesday morning Fenruary 4th 1840. Court met according to adjournment present Burgess HARDIN Ephraim HUNTER and Thomas WILSON Gentlemen Justices of the peace, Proclamation &C. (344) Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with John R. HILL and Thomas D. KENEDY administrator of Jas. KENEDY decd which report being seen and by the Court affirmed and ordered to be recorded. On motion it is ordered by the Court that John R. HILL and Thos. D. KENEDY pay to Martin W. OAKLEY Four dollars and seventy five cents for his services in settling up the estate of James KEKEDY decd in addition to the feese laid down in the law. Paid. Martin W. OAKLEY clerk of this Court presented to this Court an account of to this Court an account of a settlement made by him with T. C. H. MILLER & D. W. LITTLE guardian of James WILSON’s heirs for the year ending the 3rd day of 3rd day of February 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 B. G. RAINEY guardian of Emala CLIFT and Sally ann CLIFT for the year ending the 4th day of February 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 presented to this Court an account of a settlement made by him with L. BULLOCK administrator of Matthew WALLACE decd which report being seen and by the Court understood was inall things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented by his deputy John ELLIOTT to this Court an account of a settlement made by him with Samuel RAINEY one of the Executors of Jas. L. COFFEE decd which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (345) February Term 1840. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Levi COCHRAN one of the administrators of William GIFFORD decd which report being seen and by the Court understood was in all things understood was in all things confirmed and ordered to be recorded. Aaron BOYD administrator os S. DUNNEGAN decd appeared in Court and presented an additional List of Sales of said estate which was ordered to be recorded. It having been represented to the satisfaction of this Court that Joseph L. MARTIN a resident of Marshall County has died leaving no last will and testament and John FIELD appeared in Court & made application for Letters of Administration of all and singular the goods and chattles rights and credits of him the said MARTIN decd and he having Executed his bond in the sum of six hundred dollars with Jas. V. EWING and Williamson SMITH his securities and the Court being satisfied of his right to obtain them the same is granted. It is therefore ordered by the Court that Letters Issue accordingly he takeing the oath prescribed by law. John FIELD administrator of Joseph L. MARTIN decd appeared in Court and presented an Inventory and account of sales of said estate which was ordered to be recorded. On motion it is ordered by the Court that the Sherriff of Marshall County summon a Jury o inquest o Twelve freeholders of the body of said Marshall County to Examine into the condition respecting the minds of David CARR, Charles CARR and Susan CARR and also such goods and Chattles Lands and tennements as dose belong to said Lunatics and return the proceedings thereon to the next term of this Court. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Ephraim HUNTER guardian of the minor heirs of E. C. HUNTER decd which report being seen and by the Court understood was in all things confirmed (346) and ordered to be recorded. Whereupon Court adjourned untill Court in course to meet at the Court house in the Town of Lewisburg. Burgess HARDIN J.P. Ephraim HUNTER J.P. Thomas WILSON J.P.

Submissions to these pages remain the copyrighted property of the submitter. Commercial use of this information is strictly prohibited without prior permission. If copied for personal genealogical use, this copyright notice MUST appear with the information. Otherwise, contact the submitter.