State of Tennessee.
Chancery Court At Fayetteville.
Henry Kelso, Guardian, &c. vs. Elizabeth Phillips and others.
At the rules holden at the office of the Clerk and Master, on the first Monday in March, 1845. On motion of Complainant by his counsel, and it appearing to the satisfaction of the Clerk and Master, that the defendant Elizabeth Phillips is a non-resident of the State of Tennessee, it is therefore ordered by the Clerk and Master, that publication be made, four weeks in succession, in the Nashville Union, a newspaper published in the city of Nashville, commanding the said Elizabeth Phillips to be and appear at or before the next Chancery Court, to be holden at the court house in Fayetteville, on the fourth Monday in August next, and answer said Complainant's Bill, otherwise the same will be taken for confessed and set for hearing ex parte as to her.
R. FARQUILARSON, C. & M.
The bill states in substance: that James Phillips died intestate, leaving his widow Elizabeth, and complainant's Nancy and Elijah Phillips, infants, and seven others, his only children and heirs at law. James Locker administered upon his estate, and said Elizabeth was afterwards duly appointed guardian of complainants, Nancy and Elijah Phillips, who give bond with Anderson McKinny and John A. Tuly as her securities. Said Elizabeth failed to renew her bond as the law required, and thereupon the court removed her and appointed Henry Kelso. After said Elizabeth was appointed guardian as aforesaid, the said administrator delivered to her the slaves and paid to her the money and estate which said infant complainants were entitled to; she also took possession of the land. Said Elizabeth has made no settlement witht he Clerk of the county court since the 1st January, 1843, and fails and refuses to account with and pay over to complainants the amounts to which they are entitled. Prayer that said Elizabeth Phillips, John A. Tuly and Anderson McKinny may answer, and that said Elizabeth made to account with and pay over to complainants and for general relief.
April 22, 1845
The Weekly Nashville Union, (Nashville, TN) [Wednesday], [April 30, 1845]; Issue 48; col A - transcribed by, Amanda Jowers