121
Thursday 8th January 1857
Reece minor orphan has been destroyed, it is therefore ordered by the court that the said John Reece be notified to appear at the next term of this court and renew his bond with security.
ibid Upon the petition Caroline Delozier widow of Asa Delozier decd it is ordered by the court that John Mullendore, R. M Creswell & Calvin Johnson be appointed commissioners to lay of and set apart a years support to the said Caroline Delozier widow of the said Asa Delozier decd out of the Estate of the said Asa Delozier Decd. and that they report to the next term of this court.
Court adjourned until court in course.
122
Saml.
Pickens
State of
Be
it remembered that at a County courthouse in Sevierville on the first Monday of
February in the year of our Lord one thousand eight hundred and fifty seven The
Honl. Samuel Pickens County Judge failing to attend court is adjourned until
tomorrow morning. B
M
By his Dept M. W. McCown
Tuesday 3rd February
Court met pursuant to adjournment present and presiding the Honorable Samuel Pickens County Judge &c when the following proceedings were had to wit,
This day A G McCallie presented to the court his resignation as guardian to the minor heirs of James H Miller decd. which was accepted by the court.
Mary Butler & others )
vs ) Petition for Dower & Sale of land
James D Emert & others )
Be it remembered that this cause coming on further to be heard on this 3rd day of February 1857 before the Honorable Samuel Pickens County Judge for Sevier County upon the report of the commissioners appointed to lay off dower to the said Mary Butler widow of Horatio B. Butler decd. out of the lands mentioned in the petition which report is in all things confirmed and which is in the words and figures following to wit
Laid down 80 poles per Inch
We the undersigned being unconnected with the parties either by affinity or consanguinity and entirely disinterested and having been duly sworn
Isaac Trotter Esq.
123
Tuesday 3rd Feby 1857
a justice of the peace for Sevier County as a jury to allot and set off to Mary Butler her dower out of the real estate of Horatio B Butler her deceased husband, after having duly considered and fully understood the whole matter do hereby assign to the said Mary Butler for her dower, the following described land with the erections and improvements thereon To wit The lands represented by the above plats in the county of Sevier on the waters of Middle Creek containing one hundred and ninety five acres be the same more or less and bounded as follows,
First tract to wit Beginning at a white oak running north fifteen East twenty poles to a post oak, north nineteen East twenty one poles to a stake & post oak north Seven West one hundred & two poles to a black oak, north twenty two poles to a white oak a corner to the lower farm, on said creek belonging to said Estate thence with the same north Sixty four West forty five poles to a stake, south eighty eight west sixty poles to a stake, north Seventy West sixty three poles to a hickory, north eighty four West twelve poles to a stake, a corner to Clabough, South thirteen East one hundred & seventy poles to a beech stump, south nineteen East fifty six poles to a stake and post oak on Wm H Trotters line,
thence a direct line to the beginning. 2nd Tract Beginning at a black oak running south Eighty two East sixty five poles to a stake, north five west forty poles to a stake, north fifty nine & a half West twenty & a half poles to a white oak, South eighty one West Sixty six poles to a pine, South Six East thirty two poles to a black oak, thence a direct line to the beginning, which in our opinion constitutes one third of the real Estate of the said Horatio B. Butler decd. Given under hands & seals this 28th day of January 1857.
At the request of the widow the above dower does not include the mansion house
John Mullendore (seal)
Ashley Wynne (seal)
G. W. Seaton (seal)
124
The court doth therefore order adjudge and decree that the
title in and to the said tracts of land mentioned and described in the above report
be divested out of the heirs and each of them of the said Horatio B. Butler
decd. and be
Tuesday 3rd Feby 1857.
vested in his widow the said Mary Butler for and during the full term of her natural life as her dower out of the lands and tenements of her deceased husband, and that she be put in full and peacable possession thereof for which if need by a writ of possession may issue, and it is further ordered that upon the application of the said Mary Butler a copy of this decree may be certified to the Register for Registration
This day B M Chandler clerk of this court presented to the court a settlement made with John Atchley admir. &c of Thomas Atchley Decd. which was confirmed by the court and ordered to be recorded.
This day B M Chandler clerk of this court presented to this court a settlement made with Wm A McNutt guardian to B S Davis a minor heir of R G Davis decd. which was confirmed by the court and ordered to be recorded
This day B M Chandler clerk of this court presented to the court a settlement with James Toomey guardian to Elizabeth S Hill minor heir of R Hill decd. which was confirmed by the court and ordered to be recorded.
Mary Butler & others )
vs ) Petition for Dower & to sell Land
James. D. Emert & others (
On this 3rd day of February 1857 came on the above cause for further hearing before the Honorable Samuel Pickens County Judge upon the petition the answers filed and the Judgment pro confesso regularly taken to the course and practice of this court from all which it appears that this is a proper cause for an account, the court is therefore pleased to order adjudge and decree that the clerk
125
Tuesday 3rd February 1857
of this court take and state an account and ascertain 1st The value of the lands mentioned in the petition except the two tracts laid off as dower to the widow.
2nd Whether said lands can be divided & partitioned amongst the complainants and defendants as they are respectively entitled thereto without manifest injury to the value of the said lands or to the respective shares and whether it will be clearly and manifestly to the interest of the parties to have said lands sold instead of partitioned
3rd Whether it would be to the manifest interest of the heirs to have the remainder interest in the lands laid off as dower to the widow sold or not.
Court adjourned until tomorrow morning 10 o clock
Saml. Pickens
Wednesday 4th Feby 1857.
Court met pursuant to adjournment
present & presiding the Honl. Saml. Pickens
ibid Ordered by the court that the hands on the farm of Wm. R. Flinn and the hands on the farm where Geo Romines lives the hands on the farm where And Ward lives, and the hands on the farm where Micajah Atchley lives, and the hands on the farm where Rufus Henderson lives be assigned to work on the road over which Henry Thomas is overseer from Rawley Romines to the forks of the road near John Reeces.
126
This day James Toomey Senr. into open court and renewed his
bond as guardian to Sarah E Hill in the sum of three thousand dollars with J.
T. Trotter and Wellington McMahan as his securities which bond was acknowledged
in open court.
Wednesday 4th Feby 1857.
This day the report of John Mullendore R M Creswell & C Johnson commissioners appointed to set apart a years support to Caroline Delozier widow of Asa Delozier decd. was returned into court, said report being unexcepted to is in all things confirmed by the court.
ibid Upon the verbal petition of Lotty McMahan it is ordered by the court that B. C. Andes G B Hogan, Gas McNelly John Mitchell and S B Hammer be appointed a jury of view to view and mark out such alterations as they may think necessary in the road from Dennis Thomas to Lotty McMahans and that they report to the next quarterly term of this court.
Court adjourned until court in course
127
Saml.
Pickens
State of
Be it remembered that at a county court began and held for the county of Sevier at the court house in Sevierville on the first Monday of March 1857 being the 2nd day of said month present and presiding the Honl. Saml. Pickens county judge when the following proceedings were had to wit
ibid Upon the verbal petition of James A Pickens the following persons to wit Benjamin Tipton Wm Latham, John Latham, Pleasant Carver, John McPherson & Andrew Rogers be appointed a jury of view to view and mark out an alteration in the Elijoy road at the South East corner of the petitions field and that five or more of them to report to the next quarterly term of this court.
This day Cornelius Fox was
appointed guardian to Angelina Tunis
Wesley Tunis & Ira decd as his security and was duly sworn
ibid Upon the verbal petition of John
Chandler the following persons to wit
Wm A McNutt, James A Moore, Edanigah Thomas J. Garman, P C Rawlings R M Creswell & Collen Warren are
appointed a jury of view to view and mark out alterations in the road from the
ibid Ordered by the court that Allen Cate be appointed overseer of the road from the bridge on Dumplin to Henrys cross roads and he is hereby required to keep said road in lawful repair with the hands heretofore assigned
Road 2nd Clap
128
Monday 2nd March 1857
This day Lewis Wayland guardian of Wm. P. Burns minor heir of Wilson Burns decd. tendered to the court his resignation which was accepted by the court
This day Robert H Hodsden & Redmond McMahan Executors of the last will and testament of Wm. McMahan decd. appeared in open court and gave a new bond in the sum of one thousand dollars with Jesse Stafford and David McMahan as their security, the original bond having been destroyed
This day the resignation of Wm Whaley a Justice of the peace of the second District was presented to the court which was accepted and the sheriff is ordered to open and hold an election in the second district to fill said vacancy.
This day the court appointed L. W. Burns guardian to Wm. P. Burns who appeared in open court and gave bond in the sum of one thousand dollars with Wm A McNutt & Danl L Trundle as his securities and was duly sworn
Ordered by the court that John
Large admr. of the Estate of Martin M Shults decd. be notified to appear at the
next term of the county court to be held for
ibid Ordered by the court that Wilson
C Catlett be appointed overseer of the road from the ford of the river at John
Catletts mills out to the
Road 2 clap
129
Monday 2nd March 1857
This day a paper writing purporting to be the last will and testament of Isabella. J. Davis deceased was presented to the court for probate and thereupon came William Wayland and Jas M Hodges the subscribing witnesses to said Will who after being duly sworn says that said Will was executed by Isabella J Davis in her life time in the county of Sevier and in their their presence, and that at the time said Will was executed the said Isabella J Davis was in her proper and sound mind, and that it was executed upon the day it bears date. It is therefore ordered by the court that said Will be admitted to record. And thereupon came Hiram Bogle one of the Executor appointed in said Will and gave bond in the sum of three thousand dollars with J S McCroskey & Jas. M Hodges as his securities and the said Hiram Bogle was duly sworn as Executor of the last will and testament of the said Isabella. J. Davis decd. and thereupon letters testamentary issued to the said Hiram Bogle in the following words and figures to wit,
State
of
To all persons Greeting.
Whereas at our county court held for the county of Sevier at the court house in Sevierville on the first Monday of March 1857 it appeared to the court that Isabella J. Davis late of said county, had died having first made her last will and testament in which Hiram Bogle is appointed executor, and the said will having been proven and admitted to record and the said Hiram Bogle qualified as Executor. It was ordered that letters Testamentary issue &c
We therefore empower the said Hiram Bogle to take into his possession all and singular the goods and chattels rights and credits of the said testator wheresoever the same may be found, and all just debts of said Testator, all the legacies specified in said will, well and truly to pay, so far as the said goods and chattels rights and credits may extend, and in all thing to administer said goods and chattels rights and credits, according to the tenor of said will and the law of the land. Witness B M Chandler clerk of said court at office in Sevierville the 1st Monday of March 1857.
B M Chandler clk
By his Dept M. W. McCown
130
Monday 2nd March 1857.
Wilson L Trundle Executor )
of the last will of Jas )
Trundle decd. )
vs ) Petition to sell Slaves
David L Trundle & others )
In this case it appearing to the court that all the defendants have been regularly served with process except David L Trundle Ansalam Graham & his wife Polly W Graham and that publication was regularly made in due time in the Knoxville Register requiring the said defendants David L Trundle Ansalem Graham & wife Polly W Graham to appear and answer the petition filed in this cause at the last term of this court, and Daniel. L. Trundle Ansalem Graham & wife Polly W Graham & David L Trundle having failed to appear and answer. It is therefore ordered by the court that Judgment pro confesso be and the same is hereby entered against them and this cause set down for hearing as to them.
=== And this cause coming on further to be heard on this 2nd day of March 1857 before the Honl. Saml Pickens County Judge upon the petition answers and judgment pro confesso and it appearing to the court that this is a proper cause for an account the court is pleased to order adjudge and decree that the clerk of this court take and state an account and ascertain by proof First whether the Negroes mentioned in the petition can be equitably divided between all the parties interested and whether if would be to the interest of all the parties concerned to have the slaves sold and the proceeds divided secondly what is the value and discretion of said slaves and that he report to the present term of this court.
C & L M Dennis )
vs ) Petition for Dower & partition
Wm James & others )
Be it remembered that this cause coming on to be heard on this 2nd March 1857 before the Honl Saml. Pickens Judge &c upon