A GENEALOGICAL MISCELLANY III,
MADISON COUNTY, TENNESSEE
By Jonathan K. T. Smith
Copyright, Jonathan K. T. Smith, 1996
EIGHT MADISON COUNTY CHANCERY COURT CASES
The genealogical content of antebellum minute books of the Chancery Court of Madison County, Tennessee have been abstracted excellently and published along with such records of other state counties by Marjorie Hood Fischer and Ruth Blake Burns in volume two of their series, TENNESSEE TIDBITS (Vista, California, 1988), but some cases in Chancery Court MINUTE BOOK ONE have enough genealogical merit to have been copied entirely by the present writer for inclusion in this publication.
Chancery Court Minute Book One, Madison County
WYATT MOORING, administrator of JOSEPH C. SMITH, deceased versus BURREL BUTLER, administrator of the will of WILLIAM M. ALLEN and administrator of AMANDA MILTON ALLEN; FELIX R. HARDGRAVES, administrator of AMANDA ALLEN, deceased; WILLIAM M. HENRY, administrator of MARY D. ALLEN, deceased; EDWARD A. FREEMAN and MARY his wife and ANDREW ALLEN
Be it remembered that on this day /July 13, 1847/ before the Honl. Andrew McCampbell, Chancellor &c. came on this suit to be heard, on bill, answer replication order, pro confesso &c. When it appears that Wm. M. Allen died in July 1841, leaving his will, whereof Burl Butler became the executor as stated in the bill, that said testator died possessed as of his own right of the negro slaves named in the bill to wit, Emily, Dinah, Hiram, Eliza, Harriet and Wm. Henderson and also of other personal property and realty. That Amanda the wife of said testator survived him. That they had one child, Mary Darcus, at the time of his death and another Amanda Milton, shortly thereafter, whereof the said wife was enciente at the said testator's death as stated in the bill, said children being the lawful issues of said testator. Shortly after the birth of said Amanda Milton, its mother, said Amanda died intestate and said Hardgraves became her administrator. The said children surviving. And shortly thereafter to wit, in March 1842, said Mary Darcus died, whereof said Henry is the admr. The said Amanda Milton Allen surviving and in Oct. 1842 the said Amanda Milton died intestate being seven months old, the last of the family, leaving no brother or sister and her parents being dead, her grandfather, the said Andrew Allen and her grandmother, said Mary A. Freeman being her next of kin. Said Butler administrator on the estate of the said Amanda Milton Allen. That all and singular the estate of said Wm. M. Allen, deced. and of his said widow and two daughters aforesaid came to the hands and possession of said B. Butler in his character or representative of the said testator and of said Amanda Milton Allen. It further appears that said Amanda Allen and Mary A. Freeman as the next of kin of said deceased persons are and were entitled to all and singular their personal estate in equal moieties by right of distribution. That said Joseph C. Smith by assignment from said Andrew Allen is entitled and invested to and with the entire intestate in said estate of said Andrew Allen, being the one moiety. And said Burrell Butler by assignment from said Edward A. Freeman and Mary his wife to the other moiety thereof. That said Butler in his representative capacities aforesaid is liable to account, pay over and deliver to complainant, the admr. of said Smith (in whose name as such this suit is hereby revived) all the interest of said Smith as aforesaid including hire of negroes, rents and proceeds of sale and all and singular the (Page 23) goods and chattels, rights and credits of said deceased persons as aforesaid. It further appears that Burl Butler made no settlement of the estate of Amanda Milton Allen before the institution of this suit and the alledged settlement made thereafter is not to be regarded as having any validity in taking the account, but that he take the account and settle with deft. Butler, do now as though no settle-
(Page 23 continues):
ment had been made with the clerk. It also appears that on the 3d Jany. 1840 said Wm. M. Allen executed a title bond to said Butler to convey the land named therein as stated in the answer at the price of $160. It appears that said testator made no title and that none can be made and that said contract ought to be rescinded and if the purchase money was paid, it be refunded with interest. All which matters and things are decreed accordingly. It is further ordered and decreed that the clerk and master take and state an account in the premises, so as to exhibit and show the entire amount of property, negroes, rents, proceeds of sale of land and all and singular the assets and affects of said deceased persons, which came to the hands or should have come to the hands of said Burl Butler and he be allowed for all and any improvements made by him, if any, and an account of all legal payments made of the same by him, so as to exhibit the true condition of said estate and the amount thereof for the purpose of dividing the same on the basis of the decree. It is further ordered and decreed that the clerk report whether deft. Butler paid the purchase money for said land; the contract for the sale whereof is hereby rescinded - all other matters are reserved till the coming in of the report which report is to be made to next term of this court and that the clerk and master report what compensation shall be allowed deft. Butler as amd. of A. Milton Allen.
Be it remembered that on this day before the Honl. Calvin Jones, Chancellor &c. came on this suit to be further heard on the report of the clerk and master filed herein and other proceedings in the suit. /The date of this action, July 12, 1848/ The said report is excepted to, as to one allowance of twenty five dollars to the admr. for attending to a suit which exception is disallowed and said report is in all respects (Page 36) confirmed. It is ordered and decreed that the admr. said Butler pay over to plaintiff one moiety of the balance of said estate, remaining in his hands, including the balance against him appearing on said report and such other funds as may be due for the hire of said negroes or otherwise being hire since and not included in said report and if not otherwise settled the clerk may report the same at next term.
It is further ordered and decreed that the following named persons be and they are hereby appointed commissioners to wit, William Hall, Wm. P. Godwin, Amos Williams, Edward Willis and William Hord, which commissioners shall divide the negroes in said bill to wit, Emily 26 years old, Eliza 7 years old, Linville 2 years old, both children of Eliza. Harriet 22 years old, Hetty and Isaac her chidren and Hiram 21 years old. So as to assign to said Pltf. as admr. one equal half of said negroes and to defendant Butler the other half of the same and report said division at the next term of this court and should be it appear that said negro man Hiram cannot be included in said division without a large difference. Then and in such case, said commissioners will not include said Hiram in the division but the clerk and master of this court after giving 21 days notice shall sell Hiram at the court house in Jackson to the highest bidder for cash and report at the next term all other matters are reserved till coming in of the reports &c.
Be it remembered that this cause came on this 11th day of January 1849 for final hearing before the Honl. Calvin Jones Chancellor &c. on the interlocutory decree, made herein at a former term at this court and the report of the commissions appointed to make division of the negroes named in the pleadings between the complainant and Defendant when it appears from said report that the commissioners have allotted to defendant Butler negro woman Emily and her infant child and the girls, Eliza, Linsey & Hetty
(Page 66 continues) valued at $1175.00 and to complainant the negro woman Harriet boy Burton and boy Hiram valued at $1150.00 and said report being unexcepted to is in all things confirmed.
It is therefore ordered, adjudged and decreed that the title both legal and equitable in and to Emily and her infant child and Eliza and Linsey and (Page 67) Hetty be divested out of the legal representatives and distributees of Joseph C. Smith deceased and vested in the defendant Burrel Butler and that the title both legal and equitable in and to the said negroes, Harriet, Burton and Hiram be and the same is hereby divested out of the said Butler and vested in the legal representatives and distributees of the said Joseph C. Smith, deceased and it further appearing from the report of the clerk and master made at this term of court that said Butler has accounted for the hire of said negroes for 1848 and that he has paid over to the complainant the sum of $147.69 amount of balance found against him on a former report and also the further sum of $25.00 the difference in the value of the two lots of negroes as divided by the said commissioners and that he has fully settled and paid all the balance due from him to the complainant arising in this cause and said report being unexcepted to is likewise confirmed. It is further ordered by the court that each party pay half the costs in this cause for which execution may issue.
For the sake of easier continuity the "&" symbol, frequently used in the original has been substituted with "and" and also lower case letters have been used when the clerk making these entries used frequent capital letters in words considered inappropriate by today's standards.
MARY M. B. GODWIN in her own right and as executrix of WM. P. GODWIN, deceased versus FANNY D. GODWIN, WILLIAM P. GODWIN, MARY SUSAN GODWIN, FRANK B. GODWIN and THOMAS HARDY GODWIN, minors under the age of 21 years, who defend by their guardian ad litem JOSEPH H. STEWART
On this the 1st day of August 1849 came on this cause to be heard before the Honl. Calvin Jones, Chancellor &c. upon bill and answer and exhibits and it appearing to the satisfaction of the court that on the 6th day of April 1848 Wm. P. Godwin the father of the defendants made and published his last will and testament bequeathing a considerable estate of land and negroes to the complainant and defendants and soon afterwards to wit about the month of August 1848 departed this (Page 88) life in Madison County, Tennessee the place of his residence leaving said will unrevoked and it further appearing that by said will the complainant who was the wife of said testator and Hardy M. Burton were appointed executrix and executor of said will and that said Burton renounced the execution of said will and that the complainant was qualified in the county court of Madison on the 5th Sept. 1848 as sole executrix of said will and has taken upon herself the execution of the same. /William P. Godwin's tombstone in the Spring Creek Cemetery gives his death date as August 12, 1848. !
And it further appearing that at the January term 1849 of the county court of Madison County the complainant, the widow of testator, filed her written dissent from such will, which was entered of record in said court and which was within six months from the proving of the will and qualification of the executrix and that consequently she is entitled to her dower in the real estate of the testator and her distributive portion of his personal estate, said distributive portion of the personal estate being one sixth part thereof. There being five children of the testator of whom the four first above named were living at the time of his death and the fifth Thomas H., was born of the marriage after his death. And upon these facts the court being called upon to construe said will and to declare the
(Page 88 continues) rights of the parties under the same. It is the opinion of the court and it is so ordered, adjudged and decreed that the limitations in the fifth section of said will are good and that the defendants take the property as therein directed and limited. It is also the opinion of the court and it is so ordered and decreed that the complainant is by said will constituted testamentary guardian of the defendants her children so long as she remains sole /unmarried/ and continues to manage the property in such way as to make it meet the annual expenses without loss. It is also ordered and decreed that to carry out the purposes and intentions of the testator, she shall have authority to sell and convey any portion of the real estate directed to be sold by the testator and shall report to the court any sale that she may make of the same. And it being the wish of the testator as appears from the will that his property should be kept together and managed as far as practicable in one body and the complainant although dissenting from the will as to her and claiming her right, by virtue of said dissent, yet having consented in court that the property shall be kept together at least for the present, without assigning her dower and distributive portion and she having also prayed that she may account in this court for her management of the estate as executrix and guardian, And it being the opinion of the court that such a course would be advantageous to (Page 89) the estate and convenient to the parties. It is therefore ordered, adjudged and decreed that for the present and until further directions the property of the testator directed to be kept together, shall be so kept together and managed for the best interest of the parties by the complainant. It is also ordered and decreed that the complainant shall be entitled to one third of the profits of the personal estate arising during her life and to one sixth of the profits of the personal estate, which said real and personal estate are so used and kept together and her dower in the land and her distributive portion of the personalty when the same shall be divided and to one sixth of the personal property not so used and kept together. It is also ordered and decreed that the complainant shall render an annual statement of her accounts to this court, setting out the condition of the estate and showing as far as possible the profits of the estate. All other matters incidental to the management of the estate reserved and held open for the further direction and orders of the court from time to time. It is further ordered that the costs of this suit be paid out of the funds in the hands or to come into the hands of the executrix.
January 16, 1851, the court continued Mary B. B. Godwin as manager of the properties.
This day the 15th of July 1851 came on this cause for further hearing upon the report of the said complainant made to the present term in pursuance of the decrees heretofore rendered. And the proceeding of said executrix in the settlement reported by her as confirmed and it is ordered that she continue to report annually to this court as heretofore directed.
(Mary B. B. Godwin continued to make her annual reports to the court, at least through 1854 (Pages 228, 255, 293, 358).
The last will and testament of William P. Godwin, executed April 6, 1848 and probated September 5, 1848, will book five, pages 56-60, begins, "I commence with an impartial feeling of love and devotion to my dearly beloved and loving family and do sincerely cheerish the hope that the little hand earnings I am about to bequeath may be as thankfully received and appreciated as is so willingly bestowed." To his beloved and loving companion, Mary B. Godwin and dear little children Fanny D., William P., Mary Susan, Frank B. and any others who might yet be born, he left his entire estate as
long as his wife remained single "and if in the weakness of human nature she should marry again" she was to have a child's portion and the rest of estate was to be divided equally among his children. His interest in the Spring Creek factory /a cotton-spinning factory/, the farm on which he lived, houses and lot rented out in Spring Creek, the Shelden place, 136 acres "at the head of Spring Creek" sold to purchase a farm in Rutherford County or wherever his wife "may desire it." Daughter Fanny Dickens and son William Powell to have $1000 each. As each child came of age or married, he or she was to receive his or her portion of his estate. Wife named as executrix.
ANDREW GUTHRIE, administrator with the will annexed of WILLIAM ANDERSON, deceased versus JNO. A. VINCENT and SARAH ADALINE his wife; WILLIAM ANDERSON, an infant and MARY SELASKY ANDERSON PERKINS, also an infant.
January 18, 1850:
Be it remembered that this (Page 128) coming on to be heard on bill ans. were replications, exhibits and proofs and the matters of law arising on the construction of the will of Wm. Anderson deceased and other matters arising in this case being examined and fully understood by the court and the following provision of said will being read and examined to wit, secondly, it is my will and desire that one fourth part of a tract of land containing 640 acres, which I am entitled to which came by my wife in the estate of Robt. Edmonson in the eastern part of the county be sold by my executors hereinafter named, be sold at private sale should it be to the benefit of my estate and the interest of the other heirs also one negro man Jerry to be sold in the way which will be most suitable to the heirs of Robt. Edmonson and one fourth part of the money added to my estate and it appearing to the court that said tract of land refered to in the foregoing clause of said will was the property in fee simple of said Sarah before and at her marriage with said Wm. Anderson and that she having survived him, it is adjudged by the court that said land is her right and property and does not pass by the will of said Wm. Anderson deced. and it appearing to the court that said negro man Jerry named in the foregoing clause of said will was in the life time of said Wm. Anderson so reduced to possession as to vest in him and that said negro does pass by his said will.
And it is ordered, adjudged and decreed that said negro be disposed of by said administrator with the will annexed as therein directed and the following clause of said will being examined and fully understood to wit, fifthly, I give and bequeath unto my grand daughter Mary Selasky Anderson Perkins eight negro slaves now in the hands of Jacob Perkins my son in law living in Holmes County, Miss., namely to wit, William, Handy, Sarah or Sally four children Henry, Lucy, Ann, one other name not recollected with all their increase to her my grand daughter Mary Selasky Anderson Perkins to her and her children should she have any but my grand daughter shall be at liberty to give to her half brother Jacob Perkins my son in laws sons, John and John Jacob two negroes namely William and Handy, when she comes of age or marrys, if she thinks proper, but in case my grand daughter, Mary Selasky Anderson Perkins should die before she comes of age or marrys, in that case, then, Tom, William, Handy, Sally, Henry, Lucy, Ann and the other child and all their increase shall go to my grand daughter's half brother Jacob Perkins, my son in laws children by his present wife and may remain in the hands of Jacob Perkins my son in laws hands for the support and benefit of his children. The negroes now in the hands /of/ Jacob Perkins may remain in his hands in charge of my executors hereafter mentioned
(Page 128 continues) thinks proper for the support and benefit of his children until my grand daughter comes of age or marrys, her guardian or executors shall still have the controll of her my grand daughters negroes.
And it appearing to the court that said (Page 129) eight negroes named in the last clause of said will aforesaid had been given and conveyed by said Wm. Anderson in his life time to said Mary Selasky Anderson Perkins and that a complete title to the same had vested in her before the death of said Wm. Anderson and that said negroes therefore could not be controlled by the provisions of said will and that said administrator with the will annexed has no power to take said negroes into his control. It is therefore ordered and adjudged that said administrator is discharged from all responsibility and duty in regard thereto and the following provision of said will being read and understood to wit, fourth, I give and bequeath unto my grand daughter, Mary Selasky Anderson Perkins, three hundred dollars to educate her, to be distributed in that way, which my hereinafter named executors may think most to her interest and benefit. I also give and bequeath unto my grand daughter, Mary Selasky Anderson Perkins and her childdren three negro slaves namely Margaret, a girl about twelve years old, one boy George about nine years old, One boy Robert about seven years old, but the above named negroes to be kept with their mothers until they arrive at the age of thirteen years old then their labor shall go to the benefit and support of my grand daughter, Mary Selasky Anderson Perkins and her children, to be kept by my executor for their especial benefit and support of my grand daughter, Mary Selasky Anderson Perkins and her children but in case she should die before she comes of age, leaving no child or children then it is my will and desire that the three above named negroes and their increase shall return to my son William Anderson, to him and to his children, for their especial benefit, to be kept in the controll of my executor hereinafter named for his, my son and his children and their especial support and maintenance.
And said Andrew Guthrie admr. with the will annexed as aforesaid desiring to be relieved from the trust created by this provision of said will, re- signs the same which is accepted and here is hereby discharged.
And it is ordered that Jacob Perkins the father of Mary Selasky Anderson Perkins be appointed trustee to take charge of said fund on his giving bond and good security for the proper application of said fund as provided in said will. And that the said Andrew Guthrie admr. deliver over to said Jacob Perkins said three negroes, Margaret, George and Robert, on the said Perkins giving bond and security for double the value of each said slaves, to hold them in conformity to the bequest herein and that on his giving the bond to the clerk and master of this court as herein required, said administrator is authorized to pay over the amount due under (Page 130) said clause of said will to him and deliver to him said slaves above mentioned which shall be to said admr. with the will annexed a complete discharge in this behalf and it is further ordered, adjudged and decreed that said complainant Andrew Guthrie as administrator as aforesaid pay the costs of this suit out of funds in his hands belonging to said Jno. A. Vincent and Sarah Adeline Vincent his wife and William Anderson and said Mary Selasky Anderson Perkins, each of them paying an equal portion.
MARGARET E . HAYNES, ELIZABETH R. HAYNES, MARY H. HAYNES, SARAH J. HAYNES and MATILDA HAYNES versus NEWMAN HAYNES
Be it remembered that this cause came on this 14th day of July 1847 before the Honl. Andrew McCampbell Chancellor &c. upon bill answer, replication and proof and exhibits in the cause when it appeared to the court that on the (Page 28) third day of March 1835, the deft. Newman Haynes executed to his son Joseph N. Haynes the late husband of complt. Margaret E. and the father of the other complainants a deed of conveyance for a tract of land of two hundred acres more or less lying in the County of Madison in said state on the waters of Forked Deer River and bounded . . . in the 9th Surveyors District . . . being part of tract of land conveyed to Newman Haynes by Joseph Weakly containing 584 acres of land and continued to reside on the same until his death and it further appearing that on the day of the date of said deed, the said Jos. N. Haynes executed a bond in the sum of five hundred dollars in which the said Jos. N. bound himself, his heirs &c. that the said Newman Haynes and his wife Rebecca shall have the place whereon he the said Newman then lived as a home for himself and said wife so long as either of them lived and that in case either of them should be dispossed or intercepted in their home, the said Joseph should pay the said Newman Haynes the said sum of $500 and it further appearing that the said Joseph N. departed this life in the spring of 1841, in said county of Madison intestate — That he resided on said tract of land at the time of his death and that he left the complt. Margaret E. his widow and the other complainants his children and only heirs at law in possession of said land and it further appearing that after the death of said Joseph N. Haynes, the said Newman Haynes, procured the said Margaret to surrender up to him the said deed for said tract of land and it further appearing that some few months after the death of the said Joseph N. Haynes, the said Newman Haynes sold and conveyed said tract of land to the said Wm. A. & Jno. Murchison and put them in possession having previously got possession from the said Margaret E. and the other complainants. It further appearing that the said deed was never registered and that said Murchisons were innocent purchasers and that the suit has been dismissed as to them and it further appearing that the said Newman Haynes has collected and recd. from the said Murchisons all the purchase money and appropriated the same to his own use but it appearing that said tract of land was sold jointly with other lands, it is therefore ordered that the clerk and master take and state an account of the relative value of the tract of land in the aforesaid sale to the said Murchisons (Page 29) at the date of said sale and that he also report when the purchase money was paid and when the respective payments fell due and that he report to the next term of this court.
Be it remembered that this cause came on this 12th day of July 1848 to be heard before the Honl. Calvin Jones Chancellor &c. On the interlocutory decree made in this cause at a former term of this court and the report of the clerk and master founded thereon. When it appearing from said report that the relative of the Joseph N. Haynes tract of land mentioned in the pleadings is four hundred and eighty seven dollars and fifty cents and it further appearing that the purchase money for said land became due and payable from the Murchisons to whom the defendant had sold said land as follows to wit: $300 in Aug. 1841, $93.75 25th Dec. 1842 and $93.75 the 25th Dec. 1843. And it further appearing that the defendant Newman Haynes has collected the whole of said purchase money with the interest and that the same amounts as pr. report up to the 1st Jan. 1848, to the sum of $652.06 and that the interest up to this date being $14.62½ cents, making in all the sum of six hundred and sixty six dollars and sixty eight and ½ cents.
(Page 45 continues) And said report being unexcepted to is in all things confirmed and it further appearing that the complainants Elizabeth R. Haynes, Mary H. Haynes, Sarah J. Haynes and Matilda Haynes the chidren and heirs at law of Joseph N. Haynes are entitled to the aforesaid sum of money. It is therefore ordered, adjudged and decreed that the defendant Newman Haynes pay the said Margaret E. Haynes the guardian of the aforesaid children the said sum of six hundred and sixty six dollars and sixty eight and one half cents, for which execution may issue. And that complainants recover from defendant the costs of this suit.
HARRIET NOWELL for herself and guardian exparte, Petition
Be it remembered that on this the 17th day of Jany. 1850 came on to be heard before the Honl. Calvin Jones Chancellor &c. upon the petition of Harriet Howell for herself and as guardian for James H., John A., Reuben F., Wm. C., Saml. J., Joab and Dempsey Nowell, and upon the report of the clerk and master of this court as to the propriety of selling the land described and prayed to be sold, which report is unexcepted to, the same is in all things confirmed, And it appearing to the satisfaction of the court from the report of the clerk and master and proof on file — That it is to the interest of said Harriet and children to have the lands hereinafter described sold and another tract purchased with the proceeds thereof more suitable to their interest and it appearing to the court that it would be to the interest of the said Harriet and children to have a place purchased near his brothers and relations so as to get their aid and counsel in raising said children, and it also appearing to the court that said land can be sold for a fine price and a suitable tract bought that is better land and for less money and it further appearing to the court that the said Harriet is entitled to dower out of said 100 acres, which has never been assigned her and she here relinquishes her dower interest taking, taking /repeated/ in lieu thereof whatever the court deems proper to decree her — and it further appearing to the satisfaction of the court that Dempsey Nowell, Jr. the father of said minors departed this life seized and possessed of the following described tract of land situated lying and being in the county of Madison, State of Tennessee, in Ranges 2 & 3 Section 8 . . . containing 100 acres as pr grant No. 991. The court seems proper to order, adjudge and decree that said 100 acres of land be sold and that the clerk and master of this court advertise by printed advertisement at the court house door of said county and five other public places, giving thirty days notice and sell said land on one and two years taking bond with good security and a lien retained upon the land until the (Page 120) purchase money is paid. It is further decreed by the court that the said Harriet Nowell, widow of said deceased, execute to the purchaser of said land a conveyance of her dower interest in and to said land and in lieu thereof she is to have dower out of the tract to be purchased with the proceeds of the sale of land. It is further ordered by the court that said clerk and master purchase another tract near the brothers of said Harriet with the proceeds of said sale and report to the next term of this court. All other matters reserved until the coming in of the report.
Be it remembered that on the 8th day of July 1850 came on to be heard before the Honl. Calvin Jones Chancellor &c. upon the report of the clerk and master of this court, which report is unexcepted to and therefore is received by the court and in all things confirmed. And it appearing to the court that the clerk sold the following described tract of land which was granted to Dempsey Nowell and when run out contained 112 35/160 acres and bounded as follows . . . for the sum of $892.40/l00 to Granville
(Page 45 continued): C. Torbitt who by agreement of the parties has executed his notes to R. I. Chester from whom the clerk and master purchased the following described tract of land, in part with the proceeds of said 112 35/160 acres, taking a good deed of the said R. I. Chester for 144 72/160 acres to the legal heirs of Dempsey Nowell deced. and bounded as follows. . . . (Page 134) And by consent of the parties the title to said 112 35/160 acres is hereby by the court decreed to the said Torbitt. It is therefore ordered, adjudged and decreed by the court that the title of said 112 35/160 acres of land be divested out of Harriet Nowell, widow of said deced. and James H., Jno. A. Reuben F., William C., Samuel J., Joab and Dempsey Nowell, Jr., minors of Dempsey Nowell deceased and their heirs and assigns forever and vested in Granville C. Torbitt, his heirs and assigns forever. And that the title in and to said 144 72/160 acres be vested in the said James H., Jno. A., Reuben F., William C., Samuel J., Joab and Dempsey Nowell, their heirs and assigns forever subject to the said Harriet Nowells dower interest, she having relinquished her dower interest in said 112 35/160 acres and also for the sum of $279.68/l00 paid by her out of her own means and for which she is liable for as reported in the purchase of said 144 72/160 acres. It is further ordered by the court that the said Harriet Nowell pay the costs of this suit and that execution issue.
The present writer read the inscription on the tombstone of Harriet Nowell, now fallen, in the west section of Antioch Cemetery, Madison County, Tennessee, on which is inscribed, "Harriet, wife of Dempsy Nowell, Mar. 20, 1809-Aug. 30, 1891.
WORLEY D. KING & wife MARY D., REDDEN A., BARBARA L. S. A. and JOSEPH R. KING, JAS. W. WALDREN, KENNETH P. KING and WILLIAM J. KING exparte Petition.
On this the 22nd Septr. 1853 came on this cause to be heard and it appearing to the court that on the 25th of August 1847 the said William John King executed (Page 349) a deed to Jas. Henry King which was on the 9th day of Septr. 1847 registered in Madison County which deed is in the words and figures to wit:
I, William John King of Fayette County, Tennessee for the love and affection which I have for my parents, brothers and sisters and in consideration of the compromise of certain suits now pending in the circuit court of Madison County, wherein I am plaintiff and my father Worley D. King is defendant have this day given, granted and conveyed and do hereby give grant and convey for certain purposes hereinafter mentioned to Jas. Henry King of Madison County, Tennessee the following piece or parcel of land in said County of Madison contained 83½ acres more or less — being part of a 228 acre tract granted to Joseph F. Bryan and bounded as follows, lying in 10th Surveyors District, range 2, sec. 10. . . . To have and to hold the aforesaid bargained land and premises with all and singular the hereditaments and appurtenances to the said Jas. Henry King and his heirs forever. In trust never the less for the following uses and purposes that is to say that the said Jas. Henry King is to hold the aforesaid land and premises in trust for the benefit of my mother Mary Hopson King for and during her natural life and the life of her husband Worley D. King and is to permit her to use keep and occupy said land and premises for her support without lot or hindrance from the said Jas. Henry King or of her husband's creditors and after the death of the said Mary Hopson King and her husband the said Worley D. King, the said Jas. Henry King is to convey by proper and effectual deed of conveyance all the right and interest of
(Page 349 continues)said land in fee simple to my brothers and sisters Francis Caroline King, Redden Alonzo King, Barbara L. S. A. King and Joseph Richard King their heirs and assigns forever. Given under my hand and seal the 25th day of August 1847. W. J. King.
/James W. Walden agreed to purchase this land, the benefit of which would go to the King heirs./
Page 358: (March 17, 1854)
On motion and it appearing to the court that the said Waldran /James W./ has wholly failed to comply with the decree of the court rendered herein at the last term or to pay over the money agreed upon by him and upon which agreement said decree was in part founded. It is therefore on the application of the other parties ordered and decreed that an attachment issue for the body of the said Waldren returnable to the next term to answer the court for a contempt in so failing to comply with said decree. The clerk is to issue said attachment whenever called upon by the other parties or their solicitors. (Page 359) And the said Waldren allowed to give bond for his appearance in the sum of five hundred dollars and this cause is continued.
Madison County Chancery Court Minute Book Two
This cause came on to be heard this 12th Sept. 1854 upon the report of the clerk and master which is not excepted to and confirmed and it appearing that the tract of land mentioned in the former decree contains eighty three and one half acres by survey and that the cash price agreed on by the parties was $15 pr. acre making in all $1252.50 with interest from 1st Oct. 1853 & that said Waldren after paying $12.50 towards attor. fees has paid on the 10th Septr. 1854 $637.50 towards the land. It is therefore ordered and decreed that upon the payment of the residue of the debt and one half the cost of the suit, all the right and title of the parties to this suit and to said land be divested out of them and vested in said Waldren and his heirs. The trustee Jelks, out of the fund to pay one half the costs and Waldren the other half. And it is decreed that the clerk after deducting the costs chargeable to the trustee Jelks pay over the residue to him or his attorney.
Page 52: (March 17, 1855)
It appearing that on the __day of ___ 1854 Waldran and ______ executed a note to Thomas Clark clerk and master for $685.94 due 16 day of March 1855 with interest from 10 September 1854 for property sold by decree of this court in the above cause which note remains unpaid. It is therefore ordered that payment be entered up for $707.36 that being the amount of principal and interest against said Waldran and ____ and that execution issue therefore and for the costs of this judgment.
Be it remembered that on this the 17th of February 1857 came on the cause for final hearing and it appearing from the report of the clerk and master that all the purchase money agreed to be paid by said Waldran for the lands in the pleadings and former decrees mentioned, containing eighty three and one half acres, has been paid by said Waldran which land is bounded as follows . . . Black Creek. . . . It is therefore ordered, adjudged and decreed that all the right, title, claim and interest of all the parties, except said Waldran in and to said tract of land be divested out of them and vested in said James W. Waldran and his heirs forever and that a copy of this decree be furnished said Waldran at his expense for registration.
Page 49 (July 14, 1848)
Petition Exparte of SAMUEL LANCASTER, JAS. D. McCLELLAND & MONTEZUMA JONES named as trustees in the will of ATLAS JONES deceased and SAMUEL LANCASTER as Executor of said ALAS /ATLAS/ JONES will. OCTAVIA R. JONES, SARAH R. JONES and CATHERINE F. JONES, minors under twenty one years of age who petition by their regular guardian TIMOTHY P. JONES. Doctor ROBERT FENNER and his wife ANN M. the daughter of said ATLAS JONES decd. and of their children to wit, REBECCA ANN, ROBERT, JOHN S., RICHARD, WALTER C., DARWIN P., ELIZA, FANNY and ROSE MATILDA, minors who petition by their father and next friend ROBERT FENNER and of REBECCA JONES, the widow of said ATLAS JONES decd.
Be it remembered that on this day before the Honl. Calvin Jones Chancellor &c. came on this petition and the matters therein refered to, to be heard on petition exhibits and proof. When it appears to his honor that said Atlas Jones departed this life, leaving his last will and testament as stated in the petition that Saml. Lancaster proved the same and qualified and acted as executor thereof and administered said estate in manner and form as stated in said petition. That petitioners are legatees and interested in said estate in manner as stated in said petition and exhibits. That said Samuel Lancaster, James D. McClellan and Montezuma Jones, named as trustees in said will have always declined to assume said trusts and do decline and resign the same, making it necessary to name and appoint others in the room and stead.
That Samuel Lancaster as executor bought said negro slaves and the Armour residence for the purpose and circumstances in said petition and exhibits and that all the other facts and circumstances stated and set forth in said petition are true and it further appearing from report of the clerk and master that Timothy P. Jones, Rebecca S. Jones, Julius Johnson are suitable persons for trustees in the room and stead of said trustees resigned and said persons are hereby appointed trustees with all the rights and duties of the former trustees. His honor thereon thinks proper to order, adjudge and decree and does order, adjudge and decree as follows. That said administration of said estate be and the same is hereby in all things confirmed. That all right, title and interest in and to the following named negroes to wit, Rose, Stephen and Mariah named in the petition be and the same is hereby divested out of said trustees named in said will and petition and who resign as aforesaid and vested in said Timothy P. Jones, Rebecca S. Jones and Julius Johnson. The trustees hereby appointed and in the survivors or survivor of them and in the personal representative of the last survivor on his death. In trust however for the sale, separate and exclusive use of Mrs. Ann M. Fenner (wife of Doctor Robert Fenner) during her life or widowhood, then to be divided in fee simple equally amongst her (Page 50) children, share and share alike and in case of the death of any of them leaving children, such children to take their parents share only per stirpes and no pr. capita. But it is understood that said Rebecca Jones has the right to said negro slaves during her life and the said remainder to vest in possession at he /her/ death. That all the right, title and interest of said trustees who have resigned as aforesaid in and to the following named negro slaves to wit, Reuben and Harmon be and the same is divested out of them, said trustees and vested in said trustee hereby appointed and in the survivors or survivor of them and at the death of the last survivor in his personal representative in trust however that one half of said two slaves shall be held for the sole, separate and exclusive use of Mrs. Ann M. Fenner during her life or widowhood and then such half to be equally divided in fee simple amongst her children according to the limitations of said will. And the other half of said two negroes to be for the joint and equal use of the three children of Catherine J. Jones deceased to wit, Octavia R., Sarah R.
(Page 49 continues) and Catherine F. Jones and their heirs forever. But it is understood that said Rebecca Jones has the right to these negroes likewise during her life and at her death said remainder will vest in possession - further that all the right, title and interest of said Samuel Lancaster in and to said Armour residence &c. named in said deed exhibit No. 6 to wit Lots 93 and 94 and with halves of lots 59 and 60 together with lot No. 91, in said town of Jackson, Madison County, Tenn. and known by said numbers on the plan of said town. There being on said lots 93 and 94 the brick dwelling and other buildings erected by David Armour be and the same is hereby divested out of said Samuel Lancaster and vested in the said trustees by this decree appointed and in the survivors or survivor of them and in the heirs forever of the last survivor in trust however for the sole separate and exclusive use of said Mrs. Ann M. Fenner during her life, then to the joint and equal use of her children and their heirs forever, according to the limitations of said will and further that all the right, title and interest of said trustee named in said will and resigned as aforesaid in and to the following named property to wit, Hiram, Judy, Henry, Charlotte and Eliza and Floy and George children of Judy, negro slaves named in the will in 5th clause and issue thereof and also one half undivided of the said tract of land and half the mill thereon, named in the first, second and third clauses of said will being the same tract of land on which said testator resided when said will was made and at his death. That all the right, title and interest of said trustees named in said will in and to said land, mill and negroes as above recited in this clause be and the same is hereby divested out of them and vested in said Octavia R., Sarah R. and Catherine F. (Page 51) Jones and their heirs forever as joint and equal owners thereof. They being the children of said Catherine J. Jones and Timothy P. Jones named in the will. It is understood that said Rebecca Jones is entitled to one half of said land and mill during her life. Then the whole of said land to said children and their heirs. And further that all the right, title and interest of Samue'1 Lancaster in and to said negro slaves, Mariah, Madison and Hulda bought by said Lancaster under the 14th clause of said will, is divested out of him, said Lancaster and vested in the said Octavia R., Sarah R. and Catherine F. Jones and their heirs forever. All which matters and things above recited are ordered, adjudged and decreed accordingly.
It is further ordered and decreed that Samuel Lancaster out of the funds in his hands as executor pay the costs of these proceedings and also pay such fees as he may owe for counsel in the same and about said estate and the balance if any pay over to said legatees adjusting the balances refered to in said petition.
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Buried in Old Salem Cemetery, located about three and a half miles northeast of court square in Jackson, Tennessee are buried the following persons with tombstones inscribed (as copied by the present writer):
Sacred to the memory of ATLAS JONES
Born January 18th 1782
Died November 17th 1841
A native of Massachusetts
In memory of CATHERINE REVELS
Consort of Timothy P. Jones
Daughter of Richard & Sarah Fenner
Born in Franklin County, N.C.
January 6th 1821
Died April 17th 1843
A member of the Episcopal Church.
From his Mexican War pension application papers (#11781) it is revealed that TIMOTHY PICKERING JONES was born in Moore County, North Carolina, November 22, 1814; married Catharine Revels Fenner, July 12, 1837; she died April 18, 1843 and he died October 18, 1904 in Sequin, Guadalupe County, Texas.
CITIZEN S. WOODS, SAML. D. BELOATE, WM. D. BELOATE, CHARLES R. BELOATE and REGINALD H. BELOATE by &c. versus ALEX JACKSON, executor of JOSEPH H. TALBOT deced., FRANCIS TALBOT, ALMEDIA TALBOT, RUTH TALBOT, MARY TALBOT, DELIA TALBOT and ROBERT F. DICKENS, JR.
Be it remembered that on this 14 day of July 1851 this cause came on to be heard before the Honl. Calvin Jones Chanceller &c. upon the bill, answers, exhibits, replications, orders, reports of clerk and master and commissioners and proof and it appearing to the court that Saml. Dickens late of Madison County, Tenn. deced. by his last will and testament proven 3d August 1840 bequeathed and devised to Andrew L. Martin, Jno. D. Martin and Edmund V. H. Dickens a large amount of property real and personal in trust for the use and benefit of Elizabeth R. Beloate and for her children then present and future, with authority and power to said trustee to sell and convey the whole or any part thereof for the use and benefit of said Elizabeth and her children with power to vest and revest the proceeds and to manage the whole in any way they may think will promote their interest &c. and it further appearing that the said Jno. D. Martin, Andrew L. Martin and Edmund V. H. Dickens, the trustees appointed under said will declined acting as such and resigned their said trusteeship as aforesaid and that the chancery court at Huntingdon at Feby. Term 1844 appointed Jos. H. TalbOt trustee of said property who gave bond and took upon himself the burthen of said trusteeship and received the trust property and continued to act as such trustee until the Feby. term of the Chancery Court at Huntingdon 1849. The said Joseph H. Talbot was removed and his power revoked because of said Talbot's becoming insane and that said complainant Citizen S. Woods was appointed by said court receiver with (Page 213) full power and authority to take said trust property into his control to use for and recover the same, to collect debts due said trust fund by suit or otherwise to settle with the person or persons who may be appointed to take charge of the affairs of said Talbot, to receive and collect whatever may be belonging to said trust property or fund in said Talbot's hands and receipt for the same &c. and that the said Citizen S. Woods gave bond and was qualified and entered upon the discharge of his duties and it further appearing to the court that the said Joseph H. Talbot afterwards on the __day of ___ died testate having made his last will and testament and appointed Alex Jackson the executor thereof who gave bond and was qualified and took upon himself the execution of said will. And it further appearing to the court that on the 9th day of July 1851 there was and is due by the said Joseph H. Talbot's estate and the said Jackson as his executor to said trust fund the sum of $9033.28 which is now due said Woods as such receiver with interest thereon from the 9th July 1851 by said Jackson as executor as aforesaid.
And it further appearing to the court that said Elizabeth R. Beloate on the ___ day of ___ departed this life leaving the said Saml. D., William D., Charles R. and Reginald H. Beloate her only children and heirs at law and that said trust estate is subject to partition and division amongst them and further that said Talbot as such trustee paid to Mrs. E. R. Beloate and children $5027.52 as follows, to E. R. Beloate $2200.00, to V. C. Beloate $810.00, both of whom are now deceased, to Wm. D. Beloate $1284.77, to S. D. Beloate $582.75 and to C. R. Beloate $150.00 at different times for which in settlement amongst those now living with the receiver they are chargeable with interest so as to equalize them in their settlement for advancements by the trustee as aforesaid.
And it further appearing to the court that said slaves John, Clarissa, Moses and Solomon were purchased by said Saml. D. Beloate for the sum of $2000.00 and that it is the wish of the said Saml. D. Beloate that this be
(Page 213 continues) considered as an advancement to him out of said trust property and that in the partition and distribution thereof that the same be deducted from his share as is shown by an agreement now on file in this cause and that his note for said purchase money for said negroes be delivered up to him and the title to said slaves be divested out of said heirs and vested in him.
And it further appearing to the court that said Saml. D. Beloate, Wm. D. Beloate, Charles R. Beloate and Reginald H. Beloate are together entitled to whatever lands remains unsold of a tract of 3050 acres in Henderson County held by deed to Saml. Dickens from the trustees of the University of North Carolina and (Page 214) Jno. C. McLemore also 1000 acres in the County of Weakley being warrent No. 478, Range 3, Sec. 6. Also 640 acres in Gibson County grant No. 15939 Range 2, Sec. 11 entry 182 and that they are each entitled to one fourth part of each of said tracts of land and entitled to partition thereof according to their interest therein. And it further appearing to the court that said Robert F. Dickens is entitled to an undivided three fourth of 1640 acres in Lauderdale County on an island in the Mississippi, grant no. 23343 and 23345 and that said complainants Wm. D., Saml. D., Charles R. and Reginald H. Beloate are jointly entitled to the remaining one fourth or severally entitled to one sixteenth part thereof.
And that said Robert F. Dickens is entitled to one undivided half of the following tracts of land to wit, 160 acres part of a 2560 acre tract in the name of Calvin Jones, Range 11, Sec. 1, 13th Surveyors District in Dyer County, 300 acres part of a 1000 acre tract in the name of Theophilus Parker, Range 4, Sec. 6, off the south end of said tract in Obion County and that said complainants Saml. D., Wm. D., Charles R. and Reginald H. Beloate are entitled to the other half of said tracts each being entitled to one eighth part of said tracts of land and are entitled to partition thereor according to their respective interest thereon.
And it further appearing to the court that the title to the real estate belonging to said trust estate was vested in said Jos. H. Talbot and that he died leaving said defts. Francis, Almedia, Ruth, Mary, Delia and Delia Talbot his only children and heirs at law and that said legal estate in said real estate described to his, said heirs but that the equitable estate and right thereto is in said Saml. D., Wm. D., Charles R. and Reginald H. Beloate and that the legal title thereto should be vested in them. And it further appearing to the court that there is 40 shares of Planters Bank stock and 20 shares of Farmers and Merchants Bank stock belonging to said trust estate and that the said Saml. D., Wm. D., Charles R. and Reginald H. Beloate are each entitled to one fourth thereof and that they are entitled to division thereof according to their respective rights.
And it further appearing to the court that there is a judgment in the Henderson Circuit Court against Meekins Gooch and others and a note on Charles Pritchard belonging to said estate which said Jackson now delivers up and surrenders to said Woods receiver as aforesaid and also a balance of cash in the hands of Jno. D. Martin as reported to said Jackson by said Martin all right to which said Jackson surrenders to said Woods as receiver.
It is therefore ordered, adjudged and decreed by the court that the said Alex Jackson as executor of the estate of said Joseph H. Talbot deced. pay to the said Citizen S. Woods receiver as aforesaid the sum of nine thousand and thirty three dollars and twenty eight cents with interest thereon from the 9th day of July 1851 for (Page 215) which execution may issue as upon judgements at law to be levied upon the goods and chattels, lands and tenements in his hands to be administered. And it is further ordered, adjudged and decreed that the said Jackson deliver up and surrenders all control of said judgment against Meekin Gooch and said note on Pritchard and said claim for cash on said Jno. D. Martin
(Page 215 continues) to said Citizen S. Woods receiver as aforesaid which the said Jackson now does.
And it is further ordered, adjudged and decreed by the court that the title to said slaves John, Clarissa, Moses and Solomon be divested out of the said Wm. D., Charles R. and Reginald H. Beloate and vested in the said Samuel D. Beloate and that the said $2000.00 the purchase money therefor be taken as an advancement to the said Saml. D. Beloate and that he be charged therewith in the partition and distribution of said trust estate by the said Woods as receiver as aforesaid. And that the note of the said Saml. D. Beloate with Wm. D. Beloate be held as colateral security until the settlement and payment by said Woods as aforesaid, and further that said Woods by agreement of the said Wm. D. and Saml. D. Beloate credit the said Saml. D. Beloate, Wm. D. Beloate, Charles R. Beloate, Reginald H. Beloate and Robert F. Dickens are entitled to partition and division of the real estate and bank stock in this decree mentioned according to their respective, rights as ascertained by this decree.
And that Hiram C. Keller, Wm. H. Carson, George H. Prince and Isaac M. Steel be appointed commissioners to divide and make partition of said lands and bank stock, any three of whom shall be competent to act in this behalf and that said commissioners shall partition and set apart to Saml. D. Beloate and William D. Beloate one half and to Charles R. and Reginald H. Beloate each one fourth part in quantity and value of that part of said 3050 acre tract in Henderson County and of the 1000 acres in Weakley County and of the 640 acre tract in Gibson County as aforesaid and set apart to Robert F. Dickens, Jr. three fourths of the 1640 acre tract of land in Lauderdale County and to Saml. D., William D., Charles R. and Reginald H. Beloate each one sixteenth part thereof and that said commissioners partition and set apart to said Robert F. Dickens, Jr. the one half of the 160 acre tract in Dyer County. The 300 acre tract in Obion County, all of which is more particularly described in this decree and to said Saml. D., Wm. D., Charles R. and Reginald H. Beloate each one eight part of said tracts of land as aforesaid. And that said commissioners divide and set apart to the said Saml. D., Wm. D., Charles R. and Reginald H. Beloate each one fourth part of said bank stock to be held by them in severalty and that said commissioners make a full report of the partition and division.
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In another case in chancery, it was reported (Planters Bank of Tennessee, Samuel Lancaster, executor of James Elrod, deceased versus Alexander Jackson. executor of Joseph H. Talbot, and others, January 15, 1851) that "Joseph H. Talbot departed this life and that the defendant Jackson qualified as his executor in May 1849."
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Pages 264-273, under court dated September l5, 1852, it is revealed that the court confirmed division of Henderson County, Obion County, Lauderdale County and Mississippi River island lands among the interested parties; apportioned 10 shares of Planters Bank stock and 5 shares of Farmers and Merchants Bank stock to the Beloates.
The trust fund for the heirs amounted to $19,480.48 out of which expenses, $2515.37 were deducted, leaving $16,965.11, with each heir due $4241.27; adjustments were made for amounts already made to them and for any small residual amounts due them after final settlement was made. Chief among the expenses were surveyors' fees and the executor's fees.
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