Monday 5^th April 1858.

ibid Upon the petition of Radford Gatlin it is ordered by the court that Robt. H. Hodsden, I M Hammer S. B. Henderson, Jas P Catlett, William Catlett, Elijah Brown, Berry Mitchell, Meedy Shields, Wm. H. Ogle, Joseph McCarter, John Mitchell & Henry. M. Thomas be appointed a jury of view to view and mark out an alteration in the road in the white oak flats said alteration to commence at the mouth of the Roaring fork and running as near as practable with the river to the upper end of Radford Gatlins enclosed land thence with the enclosed land on the South side of the fence intersecting the old road at the fork leading to the Glades and that they report to the next quarterly term of this court

ibid It appearing to the satisfaction of the court Josiah M Breeden was improperly charged with a poll tax for the year 1857 he having served one year as an overseer of a public road he being a poor and decreped (sic) person it is therefore considered by the court that he be released from said poll tax.

ibid It appearing to the satisfaction of the court that Andrew McCallie was improperly charged with the taxes on 76 Acres of land valued at $900 for the year 1857 and 1858 he having sold said land to James M Sharp and the said Sharp having paid said Taxes, it is ordered by the court that he be released from said Taxes.

This day Joel Underwood presented to the court an instrument of writing purporting to be the last will and Testament of John Underwood Decd. with three codicils attached thereto for probate and thereupon came Payne McClary & John Kelly the two subscribing witnesses to said will who after being duly sworn depose and say said will was executed by the said John Underwood upon the day it bears date in Sevier County in their presence and at the time the said will was executed the said John Underwood was in his proper mind sound mind, and thereupon came R M Creswell into open court one of the subscribing witnesses to the first codicil to said will

282

Monday 5^th April 1858.

who after being duly sworn deposes and says that he was present and saw John Underwood execute the first codicil to said will upon the day it bears date in the County of Sevier and that the said John Underwood was of sound mind and that Jesse Huffaker the other subscribing witness is dead and that he is acquainted with the hand writing of the said Jesse Huffaker and that his signature on said codicil is genuine, and also thereupon came William H Covington one of the subscribing witnesses to the second codicil to said will who after being duly sworn depose and says that he was present and saw John Underwood execute the second codicil to said will in the County of Sevier on the day it bears date and that he was of sound mind, also came Payne McClary & Arnold Covington the subscribing witnesses to the third codicil of said will and after being duly sworn depose and say they was present when John Underwood executed the third codicil to said will in the County of Sevier on the day it bears date and that he was of sound mind, it is therefore considered by the court that said Will with said codicils be admitted to record.

And therefore the court appointed came Joel Underwood the Administrator with the will annexed and thereupon came the said Joel Underwood into open court and gave bond in the sum of Six thousand dollars with Payne McClary and George Underwood as his securities and thereupon he was duly sworn and letters of administration was issued to him which are in the words and figures following to wit,

State of Tennessee Sevier County

To all persons Greeting; Whereas at a county court held for the County of Sevier at the courthouse in Sevierville on the 1^st Monday of April 1858 it appeared to the court that John Underwood late of said county had died having first made his last will and testament and the said will having been proven and admitted to record and the court appointed Joel Underwood administrator of the estate of said John Underwood decd. with the will annexed. It was ordered letters of administration issue, We therefore empower the said Joel Underwood to take into his possession all and singular the

283

Monday 5^th Apl 1858.

goods and chattels rights and credits of the said Testator wheresoever the same may be found and all just debts of said Testator and all the Legacies in said Will well and truly to pay so far as the said good and chattels rights and credits may extend and in all things 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 1^st Monday of Apl 1858 B. M. Chandler Clk

This day the jury of view heretofore appointed to view and mark out an alteration in the road leading from I D Surretts to the Dandridge road made the following report to wit,

"We the undersigned jury of view having been summoned and sworn by the sheriff of Sevier County as a jury of view do agree and make the following report to wit, said alteration to commence at the head of the land between the fields of petitioners and running as mark out by the jury of view on or near the line of Jesse Hill & John Lewelling and intersecting the Dandridge road near Jesse Hills shop for which we respectfully submit to the worshipful county court Jany 30 1858.

P. M Atchley

John Lewelling

Thas Atchley

L. C. Roberts

Elisha Roberts

It is therefore considered by the court that said report be confirmed, and it is ordered by the court that Jesse Hill be allowed to close the old road it appearing to the court that the new road as laid out is made now opened

284

It appearing to the satisfaction of the court that Nancy Wall late of said County had died intestate in this county and having whilst living goods and chattels rights and credits, and that Edward Wall had heretofore been appointed Administrator of said Estate and had since died, it is therefore ordered by the court that Henry Randles and Mary Underwood be appointed administrators de bonus now to said estate, and thereupon came into court and gave bond in the sum of Five hundred dollars with

Monday 5^th April 1858.

Joel Underwood as their security and was duly sworn and that letters administration was issued to them which is in the words and figures following to wit,

State of Tennessee )

Sevier County ) To Henry Randles & Mary Underwood Greeting, whereas it hath been represented to unto us, in our County Court, held for the county of Sevier at the courthouse in Sevierville on the 1^st Monday of April 1858 that Nancy Wall late of said County had died intestate, having whilst living and at the time of his death goods and chattels and credits the ordering and granting administration whereof doth appertain unto us and we being desirous that the said goods and chattels rights and credits may well and faithfully administered do grant unto you the said Henry Randles Mary Underwood as administrators, de bonus now if said estate full power by these presents well and truly to collect and to take into your possession all and singular the goods and chattels rights and credits which were of the said Nancy Wall Deceased at the time of his death, wheresoever the same may be found hereby requiring you to make or cause to be made and returned into our said court within ninety days a true and clear account of said administration when thereto required

Witness B M Chandler clerk of said court at office in Sevierville the 1^st Monday of April 1858 B. M. Chandler Clk

This day an instrument of writing purporting to be the last will and testament of Margaret Cunningham decd. was presented to the court for probate, and thereupon came Josias Gamble one of the subscribing witnesses to said will who after being duly sworn depose and say that said will was executed by the said Margaret Cunningham in his presence in Sevier County on the day it bears date in her life time, and that at the time said will was executed by the said Margaret Cunningham she was of sound mind, and it appeared to the court that Thomas. S. Harden the other subscribing witness to said will was sick and unable to attend

285

Monday 5^th Apl 1858.

at the present term of this court to prove said will, it is therefore ordered by the court that William McTeer be appointed to take charge of the property belonging to the estate of said Margaret Cunningham decd. until further order of this court.

This day John. T. Shields Revenue Collector for the year 1857 for Sevier County returned a list of insolvencies for said year for the following poll taxes to wit,

James. H. Williams 1 poll tax " 75

Joseph McCarter " 75

Cleson Ogle " 75

M B Webb " 75

E Aleson " 75

Annias Brown " 75

Noah Howard " 75

T Loveday " 75

E A G Layman " 75

Wm Langston " 75

Jonathan Langston " 75

Michael Howard " 75

John Manis " 75

George Maples " 75

M. P. Porter " 75

James Thomas " 75

Wm Stoffle " 75

Moses Brock " 75

John Liles " 75

L Petty " 75

Thomas Stofle " 75

A J Stevens " 75

John Ward " 75

David. A. Bryan " 75

Lee Huffaker " 75

John Lanning " 75

David. B. Smith " 75

Michael Rackard " 75

F. L. Whittle " 75

Ison Cagle " 75

Jacob Keller " 75

Graham Gibson " 75

Anderson Bailes " 75

John Smith " 75

$25.50

taken over

286

Monday 5^th April 1858

amount brought over $25 50

Charles Snider 1 Poll tax " 75

Asher Sellers 1 " 75

$27 00

which report is endorsed with the affidavit of said John T Shields revenue collector as required by law, it is therefore considered by the court that the said John T Shields revenue collector be released from said taxes and that he be allowed a credit in his settlement for the same

Court adjourned until 8 o clock tomorrow morning

Isaac Trotter Chairman

R. M. Creswell

C. Johnson

S W Randles

J. H. Cate

T. Maples

Wm J Trotter

J. M. Evans

Jno. T. Havis

P S Shults

D B McMahan

C. Mills

Lemuel Bogart

J. W. Chambers

M. Davis

Joseph Gaut

Elijah Ogle

Tuesday 6^th April 1858.

Court met pursuant to adjournment present and presiding the following Justices of the peace Isaac Trotter Chairman, D B. McMahan P S. Shults, L. Bogart T Maples, J W. Chambers, C Mills, W J Trotter J. T. Havis, M Davis, Jo Gaut, S W Randles R M. Creswell, C Johnson, J M Evans, J. H. Cate E Ogle J Whaley

287

Tuesday 6^th April 1858.

A Legal number of the justices of the peace being present and voting in the affirmative it is ordered by the court that the following allowances be made payable out of any money in the hands of the county Trustee not otherwise appropriated to wit,

To John Seaton 1 Red fox scalp $1.00

A H Keener 1 Red fox scalp 1.00

Joseph M Terry 7 Red fox scalps 7.00

R. K. Graham for posts round the court house 3.00

ibid $22 30 R K Graham clearing off square in Sevierville 33.00

Adam H. Keener for powder &C on road 2.30

Officer holding election in March 1858.

To James Henry 1 00

F L Emert 1.00

Carrol Shrader 1.00

R S Clark 1 00

C A Clementson 1 00

Wm McLauglin 1 00

Joseph Gaut 1 00

Saml Huffaker 1 00

R M Creswell 1 00

Jas M Evans 1 00

Elijah Ogle 1 00

J H Cate 1.00

ibid To B M Chandler clerk of this court for )

Exoficio Services from the April Term )

1857. ) 50.00

Jas M. Evans for Iron to make a crow Bar 2.10

Jas McNelly 1 Record Book for Registers office 9.00

ibid B M Chandler clk for road orders jurys of view

revenues Poor claims &C 37 60

ibid B M Chandler clk making out tax lists for 1858 48 00

288

Tuesday 6^th April 1858.

ibid This day R R Reagan presented to the court the affidavit of George Houser that he had killed in court three wild cat scalps and it appearing to the court that they was killed in Sevier County it is therefore ordered by the court that he receive a certificate which shall be received in payment of three poll Taxes.

This day R R Reagan

Ordered by the court that the road from the Baptist Church to the ford of the creek below James McCarter be changed to a 3^rd Clap road

ibid Ordered by the court that the hands on B J Tiptons Rambo farm be assigned to work on the road which John K Chandler is oversee of

It appearing to the court that Oliver H Blair late of said county had died intestate and having whilst living goods and chattels and credits. The court doth therefore appoint M Davis administrator of the Estate of Oliver H Blair decd. who appeared in open court and gave bond in the sumo five hundred dollars with J M Evans as his security and was duly sworn and thereupon letters of administration issued to him which were in the words and figures following to wit,

State of Tennessee Sevier County

To M Davis Greeting

Whereas It has been represented unto us in our County court held for the county of Sevier at the courthouse in Sevierville on the 1^st Monday of April 1858 that Oliver H Blair late of said county had died intestate having whilst living and at the time of his death goods and chattels and credits the ordering and granting administration whereof doth appertain unto us and we being desirous that the said goods and chattels rights and credits may be well and faithfully administered do grant unto you the said M Davis full power by these presents well and truly to collect and take into your possession

289

Tuesday 6^th Apl 1858.

all and singular the goods and chattels rights and credits which were of the said Oliver H Blair deceased at the time of his death wheresoever the same may be found hereby requiring you to make or cause to be made and returned into our said court within ninety days a true and perfect inventory of said goods and chattels rights and credits, and also to render a true and clear account of said administration when thereto required

Witness B M Chandler clerk of said court at office in Sevierville the 1^st Monday of April 1858 B. M. Chandler Clk

ibid Ordered by the court that I N King be appointed overseer of the road from James Huskeys to John Kings and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 3 clap.

ibid Ordered by the court that James Proffitt be appointed overseer of the road from the ford of the river at B M Chandlers to the forks of the road at John Reeses and he is hereby required to keep said road in lawful repair with all the hand heretofore assigned to work on the road over which Annias James & Henry Thomas were overseers.

Road 3^rd Clap.

This day Carroll Shrader a Constable of the third district presented to the court his resignation as Constable which was accepted by the court and it is ordered by the court that the sheriff hold an election to fill said vacancy

ibid Ordered by the court that Harvy Langston be appointed overseer of the road from Henrys X Roads to the Bridge on Dumplin Creek and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 2^nd Clap.

ibid Ordered by the court that William Stinnet be appointed overseer of the road from Arch McMahans to William Stinnets and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 3^rd Clap

290

Tuesday 6^th April 1858.

ibid Ordered by the court that James Davis be appointed overseer of the road from the mouth of Wilhite Creek to George Hursts Sr. and he is hereby required to keep said road in lawful repair with the hands heretofore assigned

Road 3^rd Clap

ibid Upon the petition of John Rose and others it is ordered by the court that George Wade Joseph Delozier, A Creswell Michael Fagala James Cowden William Reed & E H Williams be appointed a Jury of view to view and mark out a public road leading through from the gap of Bays mountain commencing at or near the head of William Morgans Mill dam running with or near the old road, intersecting the Knoxville road near Glasgo Snoddys and that they report to the next quarterly term of this court.

A Legal number of the acting Justices of the peace being present and voting in the affirmative it is ordered by the court that the following allowances be made payable out of the poor Tax in the hands of the Treasurer of the poor house not otherwise appropriated

To Eli Roberts for keeping his helpless child $30.00

To M A Rawlings for two poor claims )

lifted by him when Treasurer of Poor )

house for which he never recd. a credit ) $44 68

A the request of Thomas Cate shff of Sevier County J J Gaut was sworn as Deputy sheriff for Sevier County