COURT RECORDS

State of Tennessee
Henderson County } September Term County Court AD 1860

Be it remembered that a County Court was begun and held for said County of Henderson at the courthouse in the Town of Lexington on the first Monday in September, it being the 3rd day of said month in the year of our Lord, one thousand eight hundred and sixty, and of American Independence the 83rd year. Present presiding and holding said court, Felix W. Henry, Chairman and presiding Justice, William F. Kizer and Daniel M. McCallum members of the quoram court and the following Justices of the Peace, to wit, Esqrs. T. A. Smith, Samuel Howard, Robert T. J. Dyer and others duly commissioned and qualified Justices of said county.
Alexander H. Rhodes clerk of said court and Levi McEwen Sheriff of said county.

And be it further remembered that the following proceedings were had at the above term of said Court (to wit)

This day Alexander H. Rhodes clerk of this court returned into Court, a settlement made by him. Since the last term of the court, with Giles Waller and Ben Waller administrators with the Will annexed, of Amos J. Waller, Deceased. And there being no exceptions filled to said Settlement the Same is in all things confirmed and ordered to be recorded.

Giles Waller and Ben Waller administrators with the Will annexed of Amos J. Waller deceased, this day returned into court a list of uncollected bad debts due said estate which is received bt the court and ordered to be recorded.

This day Alex H. Rhodes clerk of this court returned into court a settlement made by him since the last term of the court with Stephen J. Moody administrator of the estate of Robert J. Moody, dec. and said Settlement being unexcepted to is in all things confirmed and ordered to be recorded.

Lafayette McHaney Guardian for all the minor children of David Berger, deceased this day made his report.

William A. Barnhill Guardian for his daughter Mary E. Barnhill this day made his report.

Samuel M. Young Guardian for all the minor children of Joseph Young late of said county, deceased this day made his report.

James Hart Guardian for all the minor orphans of James P. Hart deceased this day made his report.

Thomas H. Green Guardian for the minor children of John McCallister deceased this day made his annual report.

Thomas H. Green Guardian for all the minor children of Jane Anderson deceased this day made his annual report.

James S. Flake Guardian for all the minor children of Stephen Hearn deceased this day made his annual report.

Alex'r H. Rhodes Guardian for C H and R A McKee minor orphans of Richard A McKee deceased this day made his annual report. All of which are received by the court and ordered to be recorded.

This day Alex'r H. Rhodes Clerk of this court returned into court a settlement made by him since the last term of this court with Samuel G. Bell Administator of the estate of Robert Bell deceased and there being no exceptions filed to said settlement, the same is in all things confirmed and ordered to be recorded.

Jackson Anderson this day prayed for and obtained letters of Administrators on the Estate of Robert McCoy Deceased and thereupon entered into bond in the sum of One thousand dollars payable and conditioned as the law directs with William K. Corteith and John D. Caffey as his securities, which bond was acknowledged in open court by the said Jackson Anderson and by each of said securities which said bond was approved by the court and ordered to be filed, and this said Administrator took the oath prescribed by law.

Silas E. Greder administrator of the Estate of William J. Moss deceased this day returned into court an inventory of said Estate which is received by the court and ordered to be recorded.

Michael W. Derryberry this day prayed for and obtained letters of Administration on the Estate of Isham Blankenship deceased, and entered into bond in the same of Six hundred dollars, payable and conditioned as the law directs with E. W. Walker, Warren Ringgold and Robert R. Dennison as his securities -- which bond was acknowledged in open court by the said Michael W Derryberry admr. as aforesaid, and by each of his said securities, which said bond was appeared by the court and ordered to be filed and this said administrator took the oath prescribed by law.

Priestley E. Parker, Guardian for John W. and James P. Parker two of the minor orphans of Joseph A. Parker deceased this day renewed his guardian bond in the sum of eighteen hundred dollars, payable and conditioned as the law directs with John B. Barnhill and Verleen H. Trice as his securities which bond was acknowledged in open court by the said Priestley E. Parker Guardian as aforesaid and by each of his said securities which said bond was approved by the court and ordered to be filed.

James Hart Guardian for all the minor heirs of James P. Hart deceased this day renewed his guardian bond in the sum of Three Thousand dollars payable and conditioned as the law directs with Thomas Stanford, John B. Barnhill and Richard B. Jones as his securities which bond was acknowledged in open court by the said James Hart Guardian as aforesaid and by each of his said securities, which said bond was approved by the court and ordered to be filed.

Hosea Preslar this day prayed for and obtained letters of administration on the Estate of Joshua Wright deceased and therefore entered into bond in the sum of three hundred dollars payable and conditioned as the law directs with William L. Stegall and Theopilas Holmes as his securities, which bond was acknowledged in open court by the said Hosea Preslar admr. as aforesaid, and by each of his said securities, which said bond was approved by the court and ordered to be filed and then said Admr. took the oath prescribed by Law.

This day the court bound an orphan boy by the name of J. J. Richardson to Thomas F. Kent, untill he arrives at the age of twenty one years to learn the trade and occupation of Farmer and the said Thomas F. Kent for the faithful performance of his contract entered into with the court gave bond in the sum of two hundred and fifty dollars with Isaiah Carroll as his security for the terms of said contract reference is hereby given to said bond, which is received by the court and ordered to be filed.

George W. Moore Guardian for Harriet Moore, John N. Moore and Thomas A. Moore minor orphans of T. A. Moore deceased this day renewed his Guardian Bond in the sum of six hundred dollars, payable and conditioned as the law directs with E. N. Moore, A. A. Brooks, W. G. Rhodes, and William C. Petty as his securities, which bond was acknowledged in open court by the said George W. Moore and by each of his said securities, which said bond was approved by the court and ordered to be filed.

On motion it is ordered by the court that Pleasant H. Nelson, E. W. Walker and Robert R. Dennison be and they are hereby appointed Commissioners to lay off and set apart one years support for the widow and family of Isham Blankenship dec. and that they make their report to the next term of the court.

On motion it is ordered by the court that Thomas A. Smith, Stephen M. Johnson and David Niesler be and they are hereby appointed Commissioners to lay off and set apart one years support to the widow and family of Joshua Wright deceased and that they make there report to the next term of this court.

On motion it ordered by the court that the following named persons be released from the amount of State and county taxes opposite their names improporly listed for the present year. To wit,

Calvin McCall one poll State tax 35¢ County tax 50¢
Joseph Criner one slam valued at $1000 State tax 70¢ County tax 75¢
H. J. Hubbard one poll State tax 35¢ County tax 50¢
G. W. Life one poll State tax 35¢ County tax 50¢
Wm. M. Carter one poll State tax 35¢ County tax 50¢

On this 3rd day of September 1860 was produced in open court a paper writing purporting to be the last will and testament of Cleve Mullins late of Henderson County deceased, where in David Rice is appointed Executor thereto, and the same was offered for probate.
And there upon came into court William Mullins. One of the nominal devices therein named, and solemly contested said will and the probate there of, and craved that he be permitted to contest the same by the usual issue of devisavet vel now in the circuit court of Henderson county Tennessee before it be admitted to probate in this court.
Where upon it is ordered that these facts be certified by the clerk of this court to the circuit court of Henderson county, and that said clerk send up to said circuit court the original will herein contested with the certified record: and probate there of for the present is hereby suspended, upon the contestant and legates and devises there in named executing to each other bonds for certs as required by law.
Amd there upon the said contestant William Mullins entered into bond payable to said Executor in the penalty of five hundred dollars with Philip A. Junell, and E. W. Moore his securities and the other legatees and devises named therein also entered into bond with John A. Moffet and Thos N. Hart their securities in the like penalty of five hundred dollars payable to said Executor for certs and for prosecution of the such.

John L. Cawthon Administrator of the Estate of Samuel H. Farnar deceased this day prayed the court to grant him further time to settle his account as the administrator of said estate two year from the date of his qualification as such administrator having expired at the present term of this court.
And the court being satisfied that it would be to the interest of said estate that said Administrator should have further time to settle and wind up the same.
It is therefore ordered by the court that said Administrator have twelve months further time to settle and close said administrator and that the clerk of this court take no steps to bring said Admin to a settlement of his account untill after the expiration of twelve months from the present term of this court.

Mary C. Buckley
vs.             }Petition for Dower.
Nathaniel T. Buckley & Lucy D. Buckley, Celistia A. Buckley minor, their Guardian W. T. Buckley, John M. Buckley, Benjamin F. Buckley, Samuel H. Buckley & Alice A. Buckley, and John West their Guardian and & Wm. B. Hall admr of John H. Buckley decd.
The Commissioners appointed at the last term of this court to assign to the plantiff her Dower in the estate of John H. Buckley deceased returned the following report.
We as commissioners and surveyor of the county of Henderson and State of Tennessee, having met on the premises of Mrs. Buckley in order to set apart to Mary Buckley tge widow of John Buckley deceased her dower in lands. If finding the papers not being in a proper drop we have postponed it untill after the next court August 18th 1860.
John H. Hodgin S. H. C.
L. McEwen Shff
Where upon it appearing to the satisfaction of the court from said report of commissioners that they have been unable to allot dower to widow: but have postponed meeting untill after the court. It is therefore ordered by the court that said commissioners W. C. McHaney, C. W. Cooper, in conjunction with John H. Hodgin be continued as commissioners to allot dower to Mrs. Mary C. Buckley widow of John H. Buckley decd. and that they report at the next term of this court and the cause is continued.

This day Samuel Howard and William P. Timberlake executors of the last will and Testament of Richard Timberlake deceased, returned into court an Invetory of moneys, notes & belonging to said estate, which is received by the court and ordered to be recorded.

Robert Howard and John H. Howard Administrators of the estate of William Howard deceased this day returned into court an additional account of sale of said estate, which is received by the court and ordered to be recorded.

Court then adjourned untill 10 o'clock tomorrow morning.
A. W. Henry, Chairman VPJ
William F. Kizer, JP
D. M. McCallum, JP

 

September Term County Court AD 1860
Tuesday Morning September the 4th 1860
Court met pursuant to adjournment

In the matter of the application of James R. Read for special Administration upon the estate of Cleve Mullins deceased, where it appearing to the court that Daniel Rice on the 3rd day of September 1860 propounded for probate a paper writing as the last will & testament of the said Cleve Mullins deceased, where in he the said David Rice was named executor thereof. And it further appearing to the court that William Mullins objective to the probating of said paper writing as the last will & testament of said Mullins deceased and there upon gave bond according to law to contest the validity of said will in the Circuit Court. And the Court being satisfied that administration should be granted upon said estate, pending the contest of said will and there upon the court granted the administraion of said estate to the said James R. Read during the litigation on said will on his giving bond and security according to law. And there upon the said James R. Read came into court and entered into bond in the penalty of four thousand five hundred dollars payable & conditioned as the law directs with Richard B. Jones, Eli Joyner and Thomas N. Hart his securities which bond was acknowledged in open court by the said James R. Read and by each of his said securities, which said bond was approved by the court and ordered to be filed and then said Admr. took the oath prescribed by law.

Court then adhourned untill Court in Course
A. W. Henry, Chairman VPJ
William F. Kizer, JP
D. M. McCallum, JP

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