McCall vs. McCall

Transcribed by Judy French

Alexander McCall died in 1833 without a will. His sons, Dr. John and Dr. Alex and the widow of Dr. Martin, brought an action against brother, David, and their mother, Mary Ann Elizabeth, and other siblings for a better share of the estate. My ancestor in all of this was Dr. Joseph, listed as

Living in Rhea County.

Alexander, Sr., had been listed in some of his father-in-law's (MartinArmstrong) transactions as "attorney" so it is strange that both he and his wife died without leaving a will.

The court papers were copied from the originals in the vault in the Smith

County Library in a Court Minutes book covering 1830's and 1840's.

Comments to Judy Click Here

[pg 474] To the honorable Thomas L. Williams, chancellor for the eastern division of the State of Tennessee sitting at Carthage, Humbly complaining your orators Alexander McCall of Washington, Virginia and John McCall of Smith County Tennessee in his own right and as guardian of Rob't McCall & as guardian also of Alexander M. & John H. Bowen minor children of Mary Bowen, dec’d formerly Mary McCall ________

[pg 475] to the court that Alexander McCall Senr died about the year of 1833 in Smith County possessed of considerable estate both real and personal leaving your orators – David McCall & Mary Ann Elizabeth McCall widow of said Alexander dec’d of Smith County and Joseph McCall of Rhea County Tenn & Sarah, Mary, Thomas & Martin McCall minor children of Martin McCall dec’d whose widow Sarah McCall is guardian for said last named minors and lives in Giles County Tennessee & Thomas B. McCall and Ann McCall his only heirs at law & distributes that said David and his mother the said Mary A. E. McCall the widow of said Alexander dec’d administered upon the estate of said Alexander dec’d & that there has not yet been a final distribution of said estate by said admin’s amongst said distributes. Since the death of said Alexander dec’d Thomas McCall has departed this life in the state of Mississippi without issue or without legal representatives know to complaints. It was the custom of the said Alex’r dec’d in his life time to advance to each of his children as they grew up such sums of money as they need financially stood in need of for the purposes of education and other necessary expenses incurred for them. Some of the children however rec’d a much larger amount of advancements than others. Your Orator Alexander rec’d in expenses for education (etc) about the sum of $2500 paid to him and advanced for him at ________ times during his minority. Your orator John rec’d about the sum of $1350.50 including the sum of about $90 which said Martin rec’d upon a note for which your orator John holds said Martin’s receipt which he prays may be taken into account hereafter also to said Martin in his life time abut the sum of $1000 in defraying expenses (etc) for education and other necessaries and to some of the others children said Alexander dec’d advanced other and different sums of money and to some of them he also advanced property as well as money but what particular sum of money or what particular article of property he advance to each your orator cannot here state precisely but will endeavor to show before the clerk and master upon taking the accounts as the Hon Court may ______.

[pg 476] Your Orators Alexander & John McCall show to the court that said Admr’s of said Alexander dec’d claim from them as follows to wit from your orator Alexander the sum of $1500 re___ a note which he gave to his father the said Alexander dec’d for that sum on the 16^th day of March 1833 due at 12 months after dec’d had advanced to your orator Alexander over and above the $1000 which sum said Alexander dec’d intended to advance to each of his children & which two sums being added together makes the sum of $2500 the amount which your orator Alexander admits was advanced to him. They claim from your orator John McCall about the sum of $1350.50 up an account which was found amongst the valuable papers of said Alexander dec’d charged against your orator for sundry sums of money advanced to him and laid out for him by the said Alexander dec’d from the year 1813 up to the 1833 about the time of his death. Your orator further states that the said Alexander dec’d in his life time advanced to the said Martin about the sum of $1000 of which sum the admr’s seem to insist ought to be taken into the account of said admr’s in making distribution of the estate of said Alexander dec’d as well as all sums of money & items of property advanced by the said Alexander dec’d to each of the children estimating the value of the property at the time the property was given. Your orators charge that it was the intention of said Alexander dec’d to make the advancements to each of the children as nearly equal as possible by advancing to each the sum of $1000 & whatever sum or sums rec’d by any of the children or property so by them rec’d of value above that sum be the said Alexander dec’d required such child or children so receiving such excess over and above $1000 to account to him for such excess. Your orator Alexander being the oldest & having retired from his father had liquidated the account between him & his father & had executed his note as above stated for the sum of $1500 which was the excess he had rec’d over and above his $1000. Your orator John at the request of his father had kept the account of his advancements & had furnished it to his father for liquidation before the death of said Alexander

[477]dec’d which is the same account above referred to of $1350.50 found amongst his valuable papers by his adm’rs which account covered the $1000 intended by his said father for his special advancement & show that he, your orator, had rec’d an excess of $350.00. Thus sum also includes the $90 above referred which fell into the hands of said Martin in his life time & which your orator John insists ought to be allowed him out of the distributive share of said Martin in the hands of said adm’rs unless it shall appear that said Alex’r dec’d settled that amount or that claim with said Martin in his life time in liquidating with him for his special advancement of $1000. In that event your orator John insists that he ought to have a credit with said adm’rs for said $90 as he is charged with that item in the account above referred to which account would have been liquidated soon after it was furnished to said Alexander dec’d but for his unexpected death immediately afterwards. Your orator Alexander is only chargeable with said adm’rs for the amount of said note of $1500 being the excess over and above his $1000 advanced by his said father but your orator John stands charged as aforesaid with the $1350.50 including his excess & advancement both and said adm’rs have no account whatever against said Martin for the amount of advancements made to him nor indeed have they any accounts against any of said children for advancement to them by said Alexander dec’d. except as against your orators John & Alexander. Nonetheless your orators charge that said Alexander did advance in his life time various & large sums of money to most if not all of said children & to some he advanced property of considerable value. Some having rec’d more & some less according to the age and necessities of the child or children. It being the intention of said Alexander dec’d to give each the sum of $1000 either in cash or its equivalent by way of advancement he requiring them to account to him for any excess above that sum as will fully appear by reference to exhibit A herewith filed & made a part of this bill which your orators charge is in the proper hand writing

[pg 478] of said Alexander McCall dec’d. The p--------- considered your orators pray your honor to decree an account to be taken before the clerk & master showing the amount of advancements made by said Alexander dec’d to each of said distributees & that the balance against each be struck & that each distributee be made to account for what he or she may have rec’d as well by way of Special advancement as any excess over and above what Alexander dec’d may have intended to give to each as special advancement that all of said distributors be made defendants to this bill & that they answer the same according to the order & practice in Chancery that proper process issue and grant to your orators all such other and further relief in the p---------- or the nature of their case may require that equal be administered to all concerned & that the costs be paid by said adm’rs out of the funds in their hands for distribution and as in duty bound they will ever pray.

Hubbard & McClain

Your orator by amendment to their said bill further to your honor that at the Feby Tenn 1840 of the County Court of Smith County letters of administration were granted to said David McCall upon the estate of said Thomas B. McCall & before the estate of the said Martin McCall dec’d. They pray that said David as admin’r & as aforesaid may be made defendant that process issue and that he answer ___ and also that he state the payments if any were made by him as administrator of Alexander McCall dec’d to either of said intestates in their life time ___ and they pray for other & further relief __ in the pr______. McClain ______ for Am___.

Exhibit A

Settlement with the Administrators Alexander McCall dec’d --- We the commissioners appointed by the Court of Smith County at the Augt Tenn 1837 to examine the accounts of David McCall ad’r of Alxdr McCall and to make a settlement with him in relation to his administration of said estate have performed that duty and return the following settlement. We find the said David McCall chargeable with the following items.

To his report Nov. Tenn 1833 $5012.51

“ “ “ Feby Tenn 1834 1586.33

“ “ “ Augt Tenn 1837 265.71

[pg 479]

Interest upon notes until paid 85.37

$6949.92

We find the said David McCall has made the following disbursements for which he is entitled to credit

No 1 Sampson Organ (sic) $ 10.00

2 Michell Chidress 2.75

3 S. P. Howard 11.56

4 S. P. Hughes 10.50

5 S. P. Howard 4.06

6 H. E. Campbell 10.00

7 C. E. Shelton 2.25

8 Shelly Waters 8.75

9 Mason Walker 16.87

10 Sam’l P. Howard 7.21

11 Henry Manille (sic) 3.50

12 W. Hassell Hunt & Co .75

13 G. W. Tait Rept (sic) 3.50

14 J Robinson 62.07

15 Hubbard & McClain 20.00

16 John Tait 2.00

17 Wyatt W Bailey 5.00

18 Wm Pemberton 20.00

19 I Shelly 50.00

20 M Childress Tax 2.76

21 do do 9.75

22 Hubbard & McClain 5.00

23 S. P. Howard 10.12

24 Wm Childress 1.70

25 Wilburns Rept (sic) 25.00

26 James Norris 4.50

27 T. I (sic) Armstrong 7.00

28 W. F. McFarland 4.75

29 Haskel & Yergen 25.00

30 Hubbard & Ruehs (sic) 15.06

31 John V. Tate Rept (sic) 1.25

32 Tax Report 10.37

33 Tax Report 11.32

Cash for coffee 75 # 14.32

“ for Sugar 250 # 23.45

“ for Salt 600 # 11.00

“ for 1 # Allspice .37

“ for 2 # pepper 2/3 (sic) .75

34 Bill family expenses 298.92

Clerks fees to Pickett 3.50

Clerks fees to Burnett 3.10

(Transcriber’s note – The coffee, sugar, salt, allspice and pepper were MAE’s provisions for the year of 1834, I believe – see that document)

[pg 480]

The following is a list of notes that have been proved into evidence that were reported at the November Tenn 1833.

One note on Pleasant Bradley $4.00

One do(“) do(“) 5.00

“ “ on Elmer Holms (?) 9.67

1 recpt on Gibbs & Rucks for a note put in their hands for collection in

Elisha Summers (?) now pending in the Chancery Court at Charlotte (?) 281.80

1 recpt on Thomas J. Jennings for note on Thomas Johnson

& John Morgan for $120 with a credit of $25 leaving balance 95.00

The following is a list of notes for corn which have been

collected and the corn sold and amount Cash reported to

Feby Tenn 1834 on John Yeates 7.62

1 do(“) on John John (sic) McCall for 46 bushels corn,

the corn collected and sold in 1834 15.33

Errors found in copy of report 24.00

$1182.11

Court allowed adm’r as marked by commissioners 550.00

$1732.11

6949.81

Balance admr $5217.81

We find after subtracting the credits from the debts in the hands said adm’rs five thousand two hundred & seventeen & 81 cents

S. Baines

N B Burdine Comsrs

James Shelton

Copy from record records (sic)

J. J. Burton, Clerk

To the honorable Thos. L. Williams Chancellor or the eastern division of the State of Tennessee – sitting in Carthage humbly complaining showeth that your orator Alexander McCall a resident of Smith (s/b Washington, I think) County Virginia has lately rec’d a copy of a bill filed in your honorable court wherein John McCall in his own behalf & for this compl has set forth certain matters erroneously as to your orator Alexander. Your orator states he contributed to the ________ referred to by a letter purporting that he stood _________ to his father Alexander McCall at date of his death in the sum of $1500 by note dated 16^th March 1833 payable in twelve months. Now the truth of the case is that at that at that (sic) date a settlement of all past transactions between your orator his father

[pg 481] did take place & the balance against your orator appearing to be $1560 his father deducted $60 of interest & the said note was executed for $1500 but it included $100 even with that date ___________ & agreed to be an advance to your orator & not separate from it as now your orator impression at the time of writing said letter with due examination of the facts. It was a ________ at the time before your orator obtained from Tennessee the papers showing said advance of $1000 was included on said note of $1500 payable as aforesaid. Your orator’s father had charged him from the earliest with all sums going to his use that directed your orator to keep an account of his father or his family at the date of said $1500 note. Your orator’s father had estimated interest on the sum of $3004 as part of which your orator charged no interest on his account amounting to the sum of $2186.95 cents. A statement of which account is rendered to David McCall adm’r the special estimates your orator preserved no memorandum of but he think his father filed them away. Your orator on reference now to such papers as he possesses distinctly remembers that he objected to including the $1000 advance in the note desiring to execute it only for $500 but was told by his father that in like manner he should take John McCall’s note & said Martin – his note for $1000 advanced to him but he ______ see that no child had any advantage over the others. He remarked he had not yet advanced to Polly all of a like sum & must provide for Ann his daughter. Your orator brother John in stating $2500 to be the gross sum of indebtedness of your orator was in error as at the date referred to it is admitted to have about $3004 and he appears to have had no knowledge that at the same {time –crossed out} date your orator offset was $2186.95 several hundred dollars of which was for the use of said John & so charged to him by his father in his accounts. John as your orator was informed at the date of the settlement & execution of said $1500 note. Your orator therefore prays that this his bill may be made supplemental to the original bill and that the _________ defendant & concerned may answer this his bill of complaint

[pg 482] and that any further measures may be adopted to the end of reaching the justice in the case and will even pray ___ Your orator will add he knows that John states correctly that his advance of $1000 ________ in the sum of $1350.50 cents as set forth by him.

Viz appeared before me an acting justice of the peace for the said county Alexander McCall & made oath that the facts set forth in the above bill of compl’t are true to the best of his knowledge & belief. Wm King JP

July 2 1839

The answer of David McCall to the bill of complt. Of John McCall Alexander McCall and others as filed against him and others before the honorable Thomas L. Williams in the Chancery Court at Carthage Tennessee____ and also his answers to that part of said bill which was afterwards amended by Alexander McCall – This respondent in answer to so much of said bill as charges that he rec’d advances for his own benefit from his father Alexander McCall during the lifetime of said Alexander McCall certain sums of money and certain species of valuable property which the admr’s of the said Alexander McCall dec’d have no account of admits the corrections of said charge and is willing to make out an account of the same as the court may deem or direct of the estate of the said Alexander McCall dec’d and as this respondent has no definite knowledge of any of the facts set forth in that part of said bill as amended by Alexander McCall he submits the same to the consideration of the court with a willingness upon his part to give every facility that will enable Compliant ample justice to be done to all parties concerned and this respondent hopes and requests that the court in its decree may cause the plaintiffs in this bill to render against themselves in the same way the defendants may be required to do a time account of all monies by them from their father Alexander McCall dec’d or in other words state whether or not the account as charged against them by the adm’rs of the said Alexander dec’d is all the moneys (sic) they received from him during his life time all of which is respectfully submitted Feby 24^th 1840.

David McCall

[pg 483]

State of Tennessee

Smith County

This day personally appeared David McCall before me A. L. Baines an acting justice of said county and made oath that the facts set forth in the foregoing bill in answer are true to both of his knowledge and belief. Feby 24, 1840 David McCall

Sworn to and subscribed before me the day of the date thereof A. L. Baines, JP for Smith County

The further answer of David McCall as adm’r of all singular, the goods, chattels & credits of Alexander McCall, Sen’r dec’d to the bills of compliant of Alex’r McCall & John McCall in his own right and as guardian for Rob’t McCall, Alex M. Bowen & John H. (S.) Bowen against this respondent in his own right and as adm’r of the estate of Alexander McCall Sen’r dec’d Martin McCall dec’d and Thomas B. McCall dec’d and Mary A E McCall also also (sic) adm’r of said Alexander McCall dec’d. Respondent states that since the settlement made with the Commissioners of Smith County Court he has rec’d for Negro hire $384.00

And balance of cash rec’d in the Summers (?)

suit at Charlotte deducting court expenses 33.00

With which he is chargeable $417.00

Since said statement he has disbursed and paid the sum of about seven hundred dollars $700 – for which he is entitled to a credit. This latter sum is set forth without an examination of all the vouchers and may be a small sum over or under the true account. He will produce his vouchers before the clerk & master as desired. Respondent – Say that since he qualified as adm’r of said Alexander Sen’r dec’d he has paid the following sums to the distributes

To Thomas B. McCall $462.16

“ Joseph McCall 666.85

“ Mary A E McCall 612.73

“ Ann McCall 123.66

“ Robert McCall 513.33

In all of which he will be entitled to credits in account with the distributes, Respondent is advised that the estate of said Alex’r McCall should be settled and closed in this suit and the advancements of the several disqualified so as to give each an equal

[pg 484] share of said intestates estate and he desires that as that as (sic) all the parties area before the court that an account shall be taken in the premises , He will produce a copy of his settlement with the County Clerk

Hart Sol (sic)

This day David McCall personally appeared before me the undersigned clerk & master of the Chancery Court at Carthage and made oath that the matters stated in the foregoing answer of his own knowledge are true and those stated from information & belief he believes to be true & subscribed the same 14^th July 1843

A. Moore Jr C & M David McCall

The amended answer of Mary McCall to the complaint of John McCall Alexander McCall & Others as filed against her and others in the Chancery Court at Carthage Tennessee, and also her answer to the bill as aforesaid afterwards amended by Alexander this respondent having so little knowledge of the facts as set forth either in the original or amended bill admits them as being correct and submits them to the consideration of the Court with a full assurance that the court will order justice to be done to all the parties concerned all of which is respectfully submitted Feby 24^th 1840 Mary A E McCall

State of Tennessee

Smith County

This day personally appeared Mary Ann Elizabeth McCall before me A. S. Baines an acting justice of the peace for said county made oath that the facts stated in the foregoing bill are true to the best of her knowledge Feby 24^th 1840 Mary A. E. McCall

Sworn and subscribed before me the date thereof, A. S. Baines JP C & M

The answer of David McCall administrator of the estate of Thomas B. McCall deceased to the fill of complaint of Alexander McCall John McCall in his own right & as guardian for Robert McCall and as guardian for Alexander M Brown (s/b Bowen) & John H. Brown (s/b John S. Bowen) minor heirs of Mary Brown (s/b Bowen) dec’d filed in the Chancery Court in Carthage against Resp’t in his own right & adm’r of the estate of Alexander McCall, Sen’r dec’d and of Martin McCall dec’d and of Thomas B. McCall dec’d and against Mary A. E. McCall widow & adm’r of the said Alexander McCall Sen’r dec’d respondent for answer says he admits that said Alexander McCall Sen’r died

[pg 485] intestate leaving the parties in the suit his distributes and that respondent & said Mary A. E. McCall took out letters of administration upon his estate. Respondent also admits that it was customary for said Alexander Sen’r to make advances to each of his children as set forth in the bill. Respondent is satisfied that said Alexander made sundry advances to said Thomas B. for expenses and education, but as to what amount he cannot state and he found no accounts or memorandum of said expenditures among the papers of said Alexander dec’d. Said Thomas B. left his father before he was gown and was not often with him and then only on visits for several years prior to the death of said Alexander Sen’r and this may be the reason why no memorandum or account could be found against said Thomas B. Said Thomas B. departed this life some time in the year 1836 or 1837 in the state of Mississippi and at Feby Tenn 1843 of Smith County Court respondent qualified as admin’r of said Thomas B. Prior to the death of said Thomas B. respondent as adm’r of said Alexander dec’d paid said Tho’s B. four hundred & sixty two dollars 16/100 in part of his distribution share.

David McCall

A. Moore Jr C & M

This day David McCall personally appeared before the undersigned Clerk & Master & made oath that the master set forth in the within answer of his own knowledge are true and those stated from information & belief he believes to be true & subscribed the same Feby 1843

A. Moore C & M David McCall

The seperate (sic) answer of George C. Davidson and his wife Sarah formerly Sarah McCall of Giles County Tennessee to a fill of complaints exhibited against the said Sarah & others in the Chancery Court at Carthage in said state by Alexander & John McCall.

The respondent and at all times hereafter saving & reserving to themselves all and all manner of benefit and advantage of exception to the manifold errors unseen tainties (?) imperfections and insufficiencies in the said complt’s said bill of complaint contained for answer thereunto or unto so which thereof as these respondent are advised it is material for them to answer until answer and say that they admit the Alexander McCall Sen’r died about the time mentioned by complainant in the

[pg 486] said bill of compl’t possessed of considerable estate as is also stated that the number of the heirs and legatees of the said Alexander McCall Sen’r are property set forth in said bill and that respondent Sarah was the widow of the said Martin McCall dec’d who died some time in the year of 1830 (or 1836) in the state of Alabama and that she is the guardian of Sarah, Thomas and Martin McCall are minors and the surviving children of the said Martin McCall dec’d. Mary McCall one of the children of the said Martin McCall dec’d having died while an infant & without issue in the year of 1841 and that respondent Sarah intermarried with respondent and George C in the aforesaid county of Giles in January 1840. Further answering respondents admits that David McCall and Mary A. E McCall administered upon the estate of the said Alexander Sen’r who died intestate as mentioned and specified in complt’s said bill of complt and that no distribution of said intestate estate has ever yet been made and money etc property of decendents (sic) estate has ever come to the possession of said respondents or either of them and that Thomas D. (s/b B.) McCall died as stated by compliant without issue since the decease of said intestate Alexander. That it was custom of the said intestate to make advancements to his children as set forth by complainants and that he made the advancements specified by Compl’ts so far as respondents know as mentioned by them to all the distributes aforesaid except to the said Martin dec’d and to him also but not in the manner set forth by complainants as will be made hereafter fully to appear as to the ninety dollars $90.00 now turend (sic) by complaint for which one of the complt’s states he believes Martin McCall receipt respondents know nothing. Respondent suppose it is true that in his lifetime that said intestate not only advanced the said Martin dec’d what amounted with that in all to the sum of one thousand three hundred & sixty one dollars as will appear from account marked exhibit A and prayed to be taken as a part of this answer and herewith filed which said exhibit was made as resp’t Sarah is informed & believes is for a settlement between the said intestate & her late husband from memory. Some time before the death of the former and comp’t (?) a correct account of the indebtedness of the said

[pg 487] at the time to the said intestate and that the same was found amongst papers of the sd Martin since his death and respt’s state that at the time of the rendering of said acpt the date not recalled the said Martin took up and discharged said acpt by giving in liquidation thereof his note for that amount to sd intestate of all which said respt Sarah was informed by Martin in his time which information she believes to be true. Respt’s further answering state that said note thus executed and delivered to the said Alexander in his lifetime was afterwards as respt believes the uses she will be able to shew (sic) in evidence discharged and taken up by the said saw Martin in his lifetime & about the time said Martin removed from Tennessee to Alabama which respt’s state was sometime early in the year of 1833. Respt Sarah states the same to have been discharged in the following manner. She is informed and believes the said intestate had dealt for several years in the store of his son-in-law (sic) Martin as he was then a merchant in business and had devers (sic) other transactions & acpt’s with him as it will appear from, he was accustomed to have by Exhibit B herewith filed which is signed by the said intestate & the said Martin in their own hand writing respectively & asked to be made part of this answer. And Shortly before the removal of Respondent Sarah’s last husband to Alabama upon settlement between him & his father it was ascertained that his account against said intestate was equal to or greater in amount than the aforesaid note which sd intestate held against him and that upon settlement between that said Martin took up and discharged said note in satisfaction and discharge of his acpt against the other. The said intestate at the time the aforesaid note was taken up & cancelled wished to & insisted on discharging his acpt with said Martin in mules & horses

[pg 488] & other property as he wished him to retain the amount of one thousand dollars $ 1000 of the money & effects advanced him on order to make them equal in advancements with the rest of his children. But the said Martin refused to make that arrangement and the claims of the parties respectively were set off against each and the note taken up as above stated. The said Martin stating at the time to respondent Sarah as a reason for so doing that he had taken a note because he was he was (sic) about to remove to Alabama where he expected to enter into certain speculations and he was not known what success he might meet with and that he wanted that amount if he should fail to commence business on again & therefore he prefered (sic) taking up & discharging the said note so that the entire share of his fathers estate property to which he expected to be entitled would be in the old mans hands at his death. Respondent also states that the said Martin stated to her on his death bed which statements she believe to be true that there would be a thousand dollars coming to his children from his fathers estate & he desired her to move back from where they then resided in Alabama to his farm in Tenn and stated that with the aid of the one thousand ($1000) due from their grandfathers estate she might be able to provide and raise his children. Said Martin at the same time further stated to respondent Sarah upon being asked by her what they would have to show that he Martin & his father had had a settlement and that there was a balance (sic) due his children of one thousand dollars ($1000) He remarked that no evidence would be necessary as he had taken up his note and that there was of course no evidence against him as the old man had kept against him the rest of his children. Respt therefore insists that the heirs & distributees of the said Martin ought not be charged with the aforesaid sum of one thousand dollars ($1000)

[pg 489] They know of no other property, money or effects received by the said Martin in his life time from his said father or his estate since his death or by his widow or children since his death. As to what effects or advancements may have come to others of the said distributes respt’s know nothing but suppose that so far as stated they are correctly stated by complainants. Respondents are desirous that an account be taken as prayed for by compt’s and that said court decree that the part of said estate to which respondents are entitled the said Sarah in her own right as widow of said Martin and as guardians of the sd heirs minors of said Martin in right of their deceased ancester (sic) be allotted and set apart to them as they are justly entitled. And having fully answered as fully as they are entitled advised it is material for them to answer they pray to be hence dismissed with their reasonable cost. Ed Shields, Solitor

State of Tennessee

Giles County

This day personally appeared before me a Justice of the Peace for said county Sarah Davidson one of the defendants in the above bill & made oath in due form of law that the facts threin (sic) stated as of their own knowledge are true and those stated as on information of others she believes to be true. Sworn to subscribed before me this 27^th day of July 1842. James Reynolds, JP

Exhibit A Martin McCall

To amt of his account up to Sept 2 $ 412.87 ^½

To amt of Goods 746.50

To amount of Capt Watkins 118.71

1278.08

To Cash 12.00

To amt of different arts 63.00

1353.12

To amt of cash paid per A McCall 8.74

1361.86

Exhibit B

This day Alexander McCall and Martin McCall have settled

[pg 490] accounts which stand as follows errors excepted. M. McCall Dr to A McCall

To amount rec’d on McKees note for which A McCall had a note receipt

& has either lost or mislaid it 184.53

To amt rec’d on Thos Hundays (sic) note of the same receipt 75.00

To amt of McCalls note with interest this day lifted 96.00

To a not or due bill for Hawling which is lost or mislaid

supposed to be about forty dollars 40.00

A McCall DR to M McCall $ 395.53

To amt of acpt (sic) for merchandise to this date 233.81

To two mules 70.00

$ 303.81

Bal due to A McCall $ 91.72

This the 29^th of Sept 1827 Alexander McCall Martin McCall

Answer of David McCall – The answer of David McCall administrator ___of the estate of Martin McCall dec’d to the fill of complaint of Alex McCall & John McCall in his own right and as guardian for Robert McCall and also as guardian for Alex M Bowen, John H (s/b “S”) Bowen filed in the Chancery Court at Carthage against resp’t in his own right and also as administrator ___ of said Martin McCall and Thos B McCall dec’s and also against Mary A E McCall. Respondent for answer says he admits that Alexander McCall Sen’r died intestate leaving the distributes mentioned in the original & amended bills & that respondent & said Mary A. E. McCall qualified as administrator & adminstratrix of said intestate. He also admits that it was the custom of said intestate to make advances to his children as they were growing up as also set forth in the fill. Respondent cannot state from his won knowledge what advances were made to said Martin McCall. But he has frequently heard said Alexander McCall Sen’r say that said Martin had received the sum of one thousand dollars as charged in the

[pg 491] in the bill (sic). Respondent is willing to submit for such account to be taken as shall equalize the advances to each of the children & distributees of said administrator Alexander McCall Sen’r dec’d in such manner as the Honorable Court shall direct __. David McCall

This day David McCall personally appeared before me the undersigned Clerk & Master ___ & made oath that the matters stated in the foregoing answer if his own knowledge are true and those stated from information & belief he believes to be true & subscribed the same 14 February 1843 David McCall

A Moore C & M

February Term 1843 – Came the parties by their solitors and the matters of the bills & amended bills being heard on bills & answers, and it appearing to the court that the only question involved is that of an account to equalize the advancements made by Alexander McCall dec’d in his life time, and to have settlement of the administration of the said Mary A E McCall administratrix, of David McCall adm’r of Alexander McCall dec’d by consent it is refered (sic) to the Clerk & Master to state an account with the administratrix and administrator and also to report the advancement made by the said intestate in his life time to each of his children, so as to show the ballance (sic) due to each distributee if any. Said adm’x and adm’r to be allowed credits for all payments made to distributes. The clerk will correct any errors pointed out & shown in the settlement made by said adm’r with the county court. The parties may be examined on interogatives (sic) and the clerk report to the ____ term ___.

August Term 1843. By consent of the parties by their attorneys the decretal order of the last term is revived and the clerk will report on the matter in said decretal order devested (sic) at next term.

[pg 492] February Term 1844. Be it remembered the above causes come on to be heard before together on this 13 Feby 1844 before the Hon Broomfield S. Ridley upon the reports of the Clerk & Master & the matters reserved when by consent it is ordered that the clerk report a reasonable for the fees of the solicitors in this case and also the amount of the cost of suit and the clerk having filed his reports and all matters being heard and no exceptions filed to either of sd reports by consent said reports are in all things confirmed by the court. And it appeared to the court from said report that after allowing said adm’r David McCall a credit for the cost & attorneys fees reported there remains in said administrator’s hands the sum of $ 266.88

of the assets of said Alex McCall Sen’r & that the negro slaves

sold by the clerk for the sum of 3426.00

amounting together to the sum of $ 3692.88

and it further appeared to the court from said reports that said apets Alex Dillard Jun, Martin & John were each advanced by said intestate in the sum of one thousand dollars and that each of the other children except Thos B were advanced in less sums, and that to equalize all the children after paying the distributive share of said widow & divide the surplus of said sum above last mentioned the children & distributees would each be entitled to the following sums towit

Alex McCall the sum of 3.07

Martin McCall’s adm’r do 3.07

John McCall do 3.07

John H (sic) & Alex M Bowen

gua’r (sic) of intestate do 768.07

Ann McCall’s adm’r do 819.41

Thomas B McCall’s adm’r do 545.51

David McCall do 908.07

Rob’t McCall do 453.24

Joseph McCall do 186.22

Making in all the sum of $3692.72

That the widow’s share of the surplus is 315.00

$3692.73

(transcriber’s note – this math looks like an error, but may be explained later) and it further appears to the court

[pg 493] that said David Adm’r of said Alexander dec’d has paid to the widow her share of said intestate’s Estate. It is thereupon ordered , adjudged and decreed by the court that the Clerk & Master deliver to said David McCall all the notes taken for the sale of the Negroes belonging to his intestate Alexander McCall Sen dec’d that said administrator proceed to collect said notes when due, and ____ of said proceeds of said notes said administrator will retain in his hands

The distributive share of Ann McCall dec’d 819.41

The distributive share of Martin McCall dec’d 3.07

The distributive share of Thomas B McCall dec’d 545.51

& The distributive share of said David McCall 908.07

& adm’r will pay over to these entitled to wit

The distributive share of Rob’t McCall 453.24

The distributive share of Joseph McCall 186.22

The distributive share of John McCall 3.07

The distributive share of Alex McCall 3.07

& The distributive share of Alex M & John H (s/b S) Bowen 708.07

$ 3689.73

And it is further ordered, adjudged and decreed by the court that said David McCall as adm’r as aforesd pay the cost of suit & fees of the solicitors taxed on as in the report of the Clerk & Master. And it is ordered that execution issue for said cost & fees: and also for said distributive shares after the notes aforesaid shall have been collected and it is ordered that the report of the Clerk and Master be enrolled with the pleadings & decrees on these suits. Ordered that said Clerk & Master take the receipt of said David McCall for sd notes & file the same in the papers of these suits.

Petition – To the Honorable Broomfield S. Ridley Chancellor presiding in the Chancery Court at Carthage.

Mary A E McCall and David McCall administrators __ of Alexander McCall dec’d show to your honor that said Alexander departed this life intestate in 1833 and that complainants duly qualified as administrators & they show that intestate left a widow the said Mary A E McCall & eight children towit Alexander, John, Robert,

[pg 494] Joseph, Thomas B., Martin, said David & Ann and also two grandchildren John H (s/b S) & Alexander M Bowen the sons of deceased daughter of said intestate. They show that said estate has not been settled and their adm’r closed and that there is a suit pending in this court to close & settle said administration. There are two (s/b ten) Negro slaves belonging to said estate to wit Dick about 45 years old, Henry about 45 years old, Isaac about 33 years old, Lewis about 30 years, Phillis 60 years, Lucy about 55 years, Lydia about 16 years, Rose abut 14 years, Pann (sic – maybe Pam) about 9 years, & Jack about 19 years old. Complaintants (sic) further show that said intestate left ten distributes as above named. That said Thomas B & Martin have departed this life intestate since the death of said Alexander, and they show that said Negroes cannot be divided advantageously among the distributes & that shares of said Thomas B & Martin would have to be sold even if a division could be made. They further shew (sic) that the intestate Alexander made unequal advances to his children in his life time and that the suit alluded to in is part for the purpose of ascertaining the advancement aforesaid to them that each distributee may be charged therewith so as to have an equal share of intestate estate. And that it is believed that the funds in the administrators hands will not be sufficient to equalize the share of the distributes without estimating the proceeds of the sale of sd Negroes: and that the estate cannot be settled and closed without the sale of the Negroes: they therefore pray that the Honorable Court order and decree the public or private sale & upon such credit as to the Court seem right. The said administrator ___ of the estates of said Thomas B & Martin dec’d the said Ann McCall has departed this life since the death of testator Alexander.

Mary A E McCall Administratrix, David McCall adm’r

This day David McCall on of the complainants within named personally appeared before me the undersigned Clerk & Master & made oath that the matters stated in the foregoing petition of his own knowledge are true and those stated on information

[pg 495] & belief he believes to b true and subscribed the same in my presence 15 Feb 1843

A Moore C & M David McCall

Report of the Clerk & Master

In this case the undersigned Clerk & Master of the Chancery Court at Carthage reports that he has stated the account showing the advancements made by intestate Aelx (sic) McCall to each of his children shewing (sic) the sum necessary to equalise (sic) the distributed to each by David McCall adm’r ___ and the balance (sic) due to each, both of the assets in the hands of said administrator and the proceeds of the sale of the Negroes. He has also stated an account with said administrator showing the balance (sic) due by him to each of the distributees.

1^st It appears that said intestate

advanced to Alex McCall Jr 1000.00

“ Martin McCall 1000.00

“ John McCall 1000.00

“ Mrs Bowen 235.00 765.00 765.00

__ “ Joseph McCall 150.00 850.00 666.85 183.15

“ David McCall 95.00 905.00 -------- 905.00

“ Ann McCall 60.00 940.00 123.66 816.34

“ Robert McCall 24.00 976.00 525.83 450.17

Thomas B McCall ---------- 1000.00 457.56 542.44

Mrs. M E McCall dist. Share --------- --------- --------- --------

To equalise the children requires the sum of $5436.00

Of which there has been paid by the admr. $1773.90

Leaving still due the sum of $3662.10

2^nd It further appears from the accompanying account stated with the adm’r

that the ballance (sic) against him in settling with the County Court was 5217.81

to which add Negro hire of 1837 & 1838 & rec’d Summers for acpt (sic) $ 417.50

gives the Sum of $5635.31

From which deduct the credits allowed per a/c’s $2803.40

And cost of suit & allowace (sic) for attorneys fees 180.00 2983.40

And there then remains a ballance (sic) of $2651.91

From which deduct amt pd to distributes as above 1773.90

And amt pd to the widow M A E McCall 611.13 2385.03

And there remains in the hands of adm’r the sum of $ 266.88

To this sum add the amount of sales of the Negroes per C & M ______ 3426.00

$3792.88

From this latter sum to deduct the above aggregate of bl’s (sic) to distributees 3662.10

There would remain the sum of (a surplus) $ 30.77 (sic)

Which divided between the two (sic s/b ten) distributes give each the further sum of $ 3.07

[pg 496] 3^rd The next ballance above amount to 2651.91

The sales of the Negroes sold by the Clerk & M amts to 3426.00

Which divided by ten the number of distributees (10) $6077.91

Gives the share of the widow M A E McCall $ 607.79

To which add her share of the surplus after equalizing the children 3.07

Gives the distributive share of the widow $ 610.89

She has received from the administration 611.13

Showing an overpayment of twenty seven cents .27

______________________________________________________________________________

David McCall administrator of Alex McCall dec’d ___ Cr Dr

1837 Oct to the balance for settlement in co. court per Ex. A 5217.81

Hire of Negroes Isaac & Jack for 1837 & for 1838 196 & $188.50 384.50

Cash in Summers suit in Chancery Court at Charlotte 33.00

By amt of advancements to Alex McCall Jr erroneously charged 1000.00 $5635.31

By (amt of advancements to Jno McCall erroneously charged 1000.00

By postage a/c’s pd by adm’r B (sic) 5.77

By miscellaneous a/c do C (sic) 10.63

By amt pd for taxes do D (sic) 73.17

By miscellaneous a/c do E (sic) 116.07

By do (R McCall) F (sic) 110.00

By amt pd N A McMaury (sic) clerk G (sic) 481.22

By do H Strange clerk H (sic) 6.54 803.40 2803.40

Deduct for cash of suit taxes 105.00 2831.91

Att’s fee Hubbard & McClean (sic) 30.00

do Will Hart 45.00 180.00

By amount distributed to Mrs M A E McCall 611.13 $2651.91

do Ann McCall 123.66

do Robert McCall 525.83

do Joseph McCall 666.85

do Francis (sic s/b Thomas) B McCall 457.56 2385.03

To balance deducting cost & att’s fees $ 266.88

In the settlement of Oct 1837 the administrator is charged with the note of A McCall Jr and the note of John McCall. The amts above leave the administration chargeable with the excess over $1000 in each item. No interest is charged in this account as the administrator has distributed large sums most of which were advanced prior to the settlement of Oct 1837 and he charges nothing for services since that time settlement.

(Balance of the account on next page) (sic)

[pg 497] The undersigned reports the distributes entitled to the following sums to wit

Mrs. Bowen’s children share

per account No 1$ 765.00 Share of surplus ac/s No 2 $3.07 $ 768.07

Ann McCall______ do 816.34 do 3.07 817.41

T B McCall adm’r do 542.44 do 3.07 545.51

David McCall do 905.00 do 3.07 908.07

Robert McCall do 453.24 do 3.07 453.24

Joseph McCall do 183.15 do 3.07 186.22

Alex McCall do 3.07

Martin McCall do 3.07

John McCall do 3.07

To enable the adm’r to make this will require the $3689.93

Whole of the proceeds of the sale of the Negroes and the administrator should pay cost and attorneys fees above credited to him in this account. Thus closing the account of the personal estate of intestate.

All of which is respectfully submitted to the court 14 Feb 1844

A. Moore C & M

Clerk & Master’s report - Pursuant to a decretal (sic) order made in said cause at February Tenn 1843 to sell the slaves described in said petition __

The undersigned report that after giving the notice required by said order proceed to sell said slaves on 8 April 1843 at the house of Mary E A McCall (sic) in said county on a credit of twelve months Mary A E McCall became the purchaser of following Negroes to wit: Fillis at $100 Dick at $400 Harry at $421 Isaac at $500 Luce at $10.00 Pam (or Parm) at $275 Rose $375 Lydia at $375. David McCall became the purchaser of Lew at $500. The foregoing amounts were the highest and bids (?) for said Negroes. Notes for the sale of the said Negroes is herewith filed and refered (sic) to as part of this report with good security __ A. Moore Jr C & M

Exhibit --- Amount of David McCall’s traveling expenses when on the business of the estate of Allen (sic) McCall dec’d since the time of his administration----

1833 To the amt of ferriages (sic) to Carthage to take letters of administration .25

To do to Carthage to get avice (sic) from Lawyer .25

To Expenses in traveling to District to get

a knowledge of business & collect due Estate 10.16

1834 To Expenses to Tennessee on business Estate 5.50

To Expenses to Nashville on business Estate 2.48

To Expenses to Nashville to see Gibbs relative to the suit he was employed in 2.19

[pg 498] To Expenses to district to collect moneys and attend suite with Stuart 9.06

To Expenses to Nashville to attend to suit and collect money 1.94

To ferrages (sic) to pay off McFarland’s account vs Estate .25

To Expenses board 11 days in Nashville settling business

with Gibbs & heirs Armstrong 14.00

To Expenses to Charlotte to revive suit vs Simmons (sic) Executors & heirs 3.93

To Expenses to E. Tennessee moneys & other B (sic) Estate 6.00

1835 To Expenses to District to get Goodwars (sic) notes which

had been placed in the hands of Sawyer & he had moved off 12.81

To Ferriages to see Hubbard for advice 1/6 (sic) .25

To Expenses to Nashville to see lawyer 2.25

1837 To Expenses to Nashville to see Gibb (sic) relative to

McNairy’s bill of cost on McCures (sic) suit 3.50

To Expenses to Maury (County) to attend to land their (sic) belonging to Estate 4.94

To Expenses to Nashville to see Gibbs relative to soirefacias (sic)

that has been issued to collect on McIver suit 2.62

To Expenses to Carthage on B Estate .56

Carried Over 82.74

$ ¢

Amount bro’t (sic) over 82.74

To Expenses 3 days in Nashville to have McNairs bill of cost examined

and soirefacias (sic) squashed which had been issued unlawfully 5.37

To Expense to Maury County to bring suit vs Smith who had taken

possession of land belonging to Estate 9.50

To Expenses to Nashville to settle cost & court 5.50

1839 To Expenses to Nashville to collect an order on Maj Claiborne from A McCall Jr 5.06

1843 To amt of Expenses to Maury County to have Smith dispossessed of lands

agreeable to the admrs (sic) of court 7.90

$116.07

[pg 499] Amt of postage paid out by D McCall admr

1833 On letters on business of estate of A. McCall dec’d to to (sic)

postage on Goodwin letters .18

1843 To postage on Gibbs letter .13

To postage on Allens letter .12

To postage on Goodwins letter .18

To postage on two letter from Gillisper (sic) .25

To postage one letter from do .13

To postage on McNairys letter .12

To postage on letters from R. E. Dogerty .18

To postage on letter from Pots on do from Hey .23

To postage on letter from S McCall .13

To postage on letter from Sum (sic) .12

To postage on Yearges letters from Jackson .18

To postage on answer to Stuarts bill .37

To postage on sundry letters 1.50

To postage on James McCalls letter .13

To postage on do .12

To postage on S. J. Jennings letter .19

To postage on letter from McClain .18

To postage on James McCalls letter .12

To postage from same .13

To postage on double letter from T B McCall .50

To postage on Gallaspers letter containing notes on Goodwains (sic) .56

$ 5.77

Sundry other amounts advanced by D McCall for benefit of Estate

1837 To amt sent in letter to Humphreys County to pay taxes on land 2.13

1839 To amt enclosed in do to pay taxes on same 3.00

To amt paid S L Bains Esqr for taking two depositions (sic) in Smith 2.00

To amt paid Moses Baird for his allowance as witness in suit with Smith 3.50

To amt pd taxes in Smith 1837 9.78

1838 - 8.62 ½ , 1839 - 20.71, 1840 - 12.16, ’41 - 12.07 & ’42 - 9.86 63.42

$ 73.17

Set the within accounts be allowed as credits for D W McCall admr __ without further proof

1 July 1843 A McCall

Rob’t McCall

Mary A E McCall

John McCall

[pg 500]F In the suit of the heirs of Alex McCall dec vs Norman P Smith

I advanced or paid out in traveling expenses and payment of witnesses

in Maury County Circuit Court thirty eight dollars $ 38.00

I also paid John H Dew Attorney as fee in Circuit Court thirty dollars $ 30.00

I also paid John H Dew attorney fee for attending to suit in

Supreme Court thirty five dollars $ 35.00

Making in all $103.00

I also paid for registering grants two dollars 2.00

And for a copy of same to send in papers to Supreme Court two dollars 2.00

And three dollars to the clerk as his fee 3.00

Which sums have been since repaid to me by David McCall admr of Alexander McCall deceased

June 25 1843 Rob’t McCall

Set the above be allowed without further proof 1 July 1843 A McCall

Rob’t McCall

John McCall

Mary A E McCall

G Nashville 19^th Sept 1838

Rec’d heretofore from David McCall executor of Alexander McCall dec’d two hundred & thirty sixty dollars and this day from George W. Gibbs two hundred and twenty one 22/100 making in all two hundred and eighty one 22/100 dollars in full of the costs of the suits at law & equity heretofore prosecuted & determined in the circuit court of the United States for the District of West Tennessee between the Sessee (sic ?) of McLuer (sic)& Watson vs McCall and Kenedy (sic) and McCall vs McLure (sic) & Watson N A McNairy Clerk & M

By P Hay

H Received of David adm’r of Alex McCall dec’d six dollars & 54 cents being the amount of cost due from said admr in the suit of B. G. Stuart et al vs the heirs of Alex McCall in the Chancery court at Huntingdon (sic) April 28, 1839

H J Strange C & M

Received of David McCall adm’r of Alex McCall dec ninteen (sic) dollars 16 cents in full for the tax of said estate for 1840 March 1841

W W Bailey, Shff

[pg 501] Rec’d of David McCall as administrator of the Estate of A McCall de’d minor nine dollars & 86¢ his tax for 1842 W W Bailey Shff

by J Bridges D Shff

Rec’d of David McCall adm’r twenty dollars 71 cents in full for his tax of 1839.

W W Bailey Shff

Of Smith County

Received of David McCall adm’r twelve dollars and 07 cents in full for his tax in Smith for 1841

W W Bailey Shff

Received of David McCall adm’r of Alex McCall eight dollars 62 ½ cents in full for his tax for 1838

W W Bailey Shff

Of Smith County

Bond - Know all men by these presents, that we Alexander McCall, John McCall for himself and as Guardian for Robert McCall, Alexander M & John H. (sic) Bowen and Obediah B. Hubbard are held and firmly bound unto David McCall, Mary A E McCall, Joseph McCall and Sarah, Mary, Thomas & Martin minor children of Martin McCall dec’d and Thomas B. McCall in the penal (sic) sum of five hundred dollars for the payment of which we bind ourselves & each of our heirs executors & administrators jointly and severally. Witness our hands & seals, this 10^th day of May 1838. Whereas said Alexander McCall & John McCall filed a bill of complaint in the Chancery at Carthage against said David McCall, Mary A E McCall, Joseph McCall & others. Now the condition of the above obligation is such that if said Alexander McCall, John McCall for himself and as guardian __ shall prosecute said bill with effect or in case of failure pay all such damages and costs as may be decreed against them then the above obligation to be void, else remain in full force & virtue.

O B Hubbard {seal}

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