Thornton Christie Will

Transcribed by David Johnson on 10/27/2011


DeKalb County Court

Thornton Christie Will

I Thornton Christie do make and publish this as my last will and testament hereby revoking and making void all other wills by me at any time made. First I direct that my funeral expenses and all my debts if any be paid as soon after my death as possible out of any money that I may die possessed of or may first come into the hands of my Executor. Secondly I give and bequeath to my Brothers & sisters or where they are dead to their offspring namely William Christie Sanford D Christie Fielding Christie Harrison Christie Miny Thompson formerly Miny Christie, Matildy Brown formerly Matilda Christie, all my money, notes and negros, Equally between Brother and sisters to have the same as theirs. I do hereby nominate and appoint Churchwell Anderson of Nashville Tennessee my Executor In witness where of I have hereunto set my hand and seal this 14th day of June 1858

Thornton Christie

Signed and sealed and published in our presence and we have subscribed our names hereto in presence of the testator this the 14th June 1858 Witness T D Flippin J H Anderson O H Hight

Supreme Court Dec term 1860 Present Judges McKimy Caruthers & Wright

William Christie &al
vs.
Churchwell Anderson Executor

This cause was heard on this 10 day of December 1860 before the supreme court of Tennessee sitting at Nashville upon transcript of a record from the circuit court of DeKalb County- on consideration where of this court is of opinion that there is no error in the judgement of the court below and affirm the same in all things It is therefore considered by the court that said paper writing bearing date the 14th June 1858 be established as the last will and testament of Thornton Christie deceased and that a copy of this judgement together with said original will be transmitted to the clerk of the county court of DeKalb County to be recorded It is further considered by the court that William & Fielding and Harrison Christie Minnie Thompson & Matilda Brown Iroby[illegible?] C stone security in appeal pay the costs of this and of the court below and that fifa issue and upon application of counsel it is ordered that the clerk of this court deliver the original papers transmitted by order of the circuit court to J. M. Savage Esq.

State of Tennessee

I James P Clark clerk of the supreme court of Tennessee at Nashville do certify that the above is a full and true copy of the Judgement in the case of William Christie vs Churchwell Anderson Executor as same appears of record in my office In testimony where of I have hereto set my hand and affixed the seal of said court at office in the capitol at Nashville this the 8th of December 1860 & 85 yr of Independence

J P Clark - Clerk

T D Flippen first witness Being duly sworn says- I reside in Nashville and I am a clerk in the Bank of Tennessee. I was acquainted with Thornton Christie I have Examined the paper refered to and and wrote it at his instance and at his request He had a will previous in which C. Anderson was Executor this he wished changed to Churchwell Anderson of Nashville Tennessee. he gave as a reason for this change that there might be an other C. Anderson. I wrote it and made the change as requested by him he signed it and Executed it in my presence and I witnessed it at his request and in his presence and in the presence of J H Anderson & O H Hight who also witnessed it at his request and the day it bears date to wit 14th day of June 1858 I folded it and Backed it "Thornton Christie" will the whole of the will is in my hand writing Except Thornton Christie's Signature which is his own hand writing which is here refered to as Exhibit A to my Deposition. At the time of the Execution of said will by said Thornton Christie as above he was of sound mind and disposing memory I had been acquainted with him for a number of years I have often heard him say that when he died he wished said Anderson to wind up his Estate that when he died he wanted the said Anderson so soon as he heard of it to come immediately and take possession he did not care where it was that he died

T D Flippen

2nd Witness J H Anderson Being sworn deposes- I have Examined the paper refered to as the Last will of Thornton Christie. I am a subscribing witness to it The said Thornton Christie Executed it in my presence as his last will and I witnessed it at his request and in his presence and in the presence of T D Flippen & O H Hight the other subscribing witness on the 14th day of June 1858 I was and had been acquainted with said Christie for a number of years and he was at the time of sound mind

J H Anderson

3rd Witness O H Hight sworn deposes- I have Examined the paper refered to which was the will of Thornton Christie and am a subscribing witness there to: which said Christie Executed in my presence and I witnessed it at his request and in his presence and in the presence of T D Flippen & J H Anderson the other two subscribing witnesses I regard said Christie of sound mind

O H Hight

The foregoing Depositions were taken before me as stated in the caption and rendered to writing by the witnesses themselves and I certify that I am not interested in the cause nor of kin or council to either of the parties and that I Delivered them to the clerk of the circuit court of DeKalb County without being out of  my possession or altered after after they were taken given under my hand this the 24th day of October 1860 Joseph Clark Justice of the peace for DeKalb County

Commissions fee 3.00

January Term 1861
State of Tennessee DeKalb County

Be it Remembered that at a quarterly session of the County Court of DeKalb County held at the Couyrthouse in Smithville the fdirst Monday in January 1861 It being the 7th day of said month Present Alf  Bane Chairman with a majority of all the Justices in the County The Court being duly organized [remainder missing]

William Christie et als
vs.
Churchwell Anderson Executor

In the case of Churchwell Anderson Executor of Thornton Christie Deceast this day filed in open court a copy of the order of the Supreme Court of Tennessee December term 1860 confirming an order of the circuit court of DeKalb County made in this cause setting up the will as the Last will and testament of Thornton Christie Deceast and acclaiming Churchwell Anderson the Executor in the same together with the original will & probates of the Subscribing witnesses thereto all of which is ordered by the court to be recorded in in this court whereupon came Churchwell Anderson Executor as aforesaid into open court and entered into Bond in the sum of fifty thousand Dollars Conditioned as the law directs with W B Lawrence & J D Lawrence his securities approved by the court which Bond was duly acknowledged in open court where upon said Churchwell Anderson was duly sworn in open court ordered that Letters Testamentory together with a copy of the will be together with the actions of this court be issued to the said Executor Churchwell Anderson which is Done Given under my hand and done in open court 7th January 1861

M F Martin Clerk of
The County Court of DeKalb Co

State of Tennessee DeKalb County
To Churchwell Anderson a citizen of Davidson County. It appearing to the court now in session that Thornton Christie has and leaving a written will and the court being satisfied as to your claim to the Executorship and your having given Bond and qualified as directed by Law and the court having ordered that Letters Testamentory be issued to you Then and therefore to authorize and Empower you to take into your possession and controll all the goods chattles Claims and papers of the said Estate and return a true and perfect inventory there of to our next county court to collect and pay all Debts and to __ and transact all the duties in relation to said estate which Lawfully [illegible word] on you as Executor and after having settled up said Estate to deliver the residue there of to those who are by Law entitled  Witness M F Martin Clerk of said court at office this the 7th day of January 1861 & 85th of American Independence