The following abstract on John M. Bennett has been contributed by Margaret Kelley’s transcription obtained at Project Preservation, Franklin Co., Tennessee.

J.M. Bratton Exr. vs Mariah Bennett & others
Depositions of J.M. Bratton, Jackson Bennett, Mrs. Mary Gann, Argaylor Bratton

Depositions taken on behalf of B.F. Bennett before the C&M on 12th January 1877, at his office in Winchester Tennessee

J.M. Bratton first witness says hewas acquainted with John M. BENNETT for 40 years …was intimate with him for 20 or 25 years previous to his death. I married his daughter …B.F. BENNETT worked and managed the farm of John M. Bennett since the war … At the close of the war J. M. Bennett had a three year old black horse mule, and one blind bay mare. The old man afterwards bought a mule and sold a piece of land to James M. Morris to pay for it. He bought a colt at Holland’s sale in 1866 one of which he gave to his son B.F. Bennett, and some four years after that I sold it for B.F. Bennett- Old man Bennett made some swaps and had some other stock which I do not remember unless my attention was directed to them. Out of the proceeds of B.F. Bennett’s horse sold by me he purchased a mule of Wm Delzell, which he sold, and he (B.F. Bennett) rec’d another colt purchased by him from John Harris, which he also sold. This stock belonged to B.F. Bennett, and he never sold any horses or mules off the place which belonged to his father, J.M. Bennett- the old man swapped horses several different times … states he is executor of John M. Bennett … The endorsements on the back of the 8 papers were signed by me as shown that I accepted them as debts as Executor and I make them part of my deposition … They were presented to me and I saw they were plain notes of hand and old man John M. Bennett had assigned them with his own genuine signature. I also knew that B.F. Bennett had been living there and running the farm but I knew nothing of the notes until after the old mans death … B.F. Bennett’s services were reasonably worth per annum while he was operating the farm, over and above his support … I suppose from one hundred to one hundred and fifty dollars- He could have made his services worth three hundred dollars a year … Q. State whether or not John M. Bennett was a man easily influenced or otherwise. In other words was his character and disposition as to his business up to his death? Ans. You could not influence him at all. He always pretty much kept his business to himself. He would hardly tell anyone about his business – and he advised me to do the same. Sometimes he would tell me about some few items of his business but not often … He could not have been influenced by B.F. Bennett contrary to his judgment – He could not be influenced by anybody unless he just wanted to … I lived one & half miles about (from JMB) … I have two children who are his grandchildren. Cross Examination by Morris & others … he & his wife were also saving and economical in their living. Q. Did you not say a short time before the death of Jno. M. Bennett at Billy Hollands at a wheat threshing in the presence of ? Lynch and others, that you knew how B.F. Bennett was living with his father, & that he was getting the proceeds of the farm, less a support of his father & mother. A. I don’t recollect of ever having a conversation with ? Lynch in my life … Q. What interest did you have in a thresher owned by you and B.F. Bennett in partnership- A. I owned two-thirds of it … Q. How much money have you borrowed from B.F. Bennett for the last 7 or 8 years previous to his fathers death and how much did you owe J.M. Bennett at his death- A. I don’t recollect- I had the money I got for his horse I sold- I have borrowed from him according to my recollection, one hundred dollars since his fathers death- I owed J.M. Bennett I think, seventy dollars at his death. I think it is that amount he had my note for somewhere about that amount- Q. How much Pension money did you collect for J.M. Bennett and for what years. A. I am not positive as to the years. The two first years came in on vouchers of $187.50 and the seventy dollar note he held on me, is the balance of that amount left unpaid to him. I have gotten three vouchers from J.M. Bennett since then. I swapped off one of his mules & give $25. to boot, and out of a voucher he afterwards got, he paid me the $25. I have gotten from him in all $259.50. Q. For what years is the $259.50 and what is the date of the last voucher you got- A- My opinion is the pension claims commenced in 1871 or 2, and the date of the last voucher I do not remember-can’t say- The last one I got was in the spring of 1875, I think- Q. How much did the thresher cost you and B.F. Bennett- A. I give five hundred dollars for it- Q. Did not J.M. Bennett tell you before his death, to keep the balance you owed him, to pay his burial expenses with- A. He did not tell me- Q. How long after the death of J.M. Bennett was it that you learned that he had said that he wanted the balance you owed him to defray his burial expenses- A. The first time I went over to his house, about a week after his death- Q. When you went over to his house at the time you say, was there not some money offered or proposed to be turned over to you, and you said never mind, that if you did not see the money, it made no difference or words to that effect. A. No sir- When I went over the old lady said she was out of sugar &coffee & clothes. That there had been a big crowd there several days and that she couldn’t get off to Decherd to get her anything- And that there was a little money on hand, and what should she do. I told here I could do nothing for her until the court met- And that the court did not mean for her to suffer for anything to eat, till the court did meet- And to go in & get something to eat & that if the money didn’t come into my hands, I did not have it to account for. Q. How much stock was on the place or owned by Jno. Bennett in 1869 or 70, and how much at his death- A. I can’t tell you exactly- he kept about two or three mules. He kept generally two milk cows & sometimes three, and hogs but he didn’t keep a great many hogs- At his death, there was two mules & another one was on the place that he had given away before he died to his grandson Jackson Bennett- Ben F. Bennett had a mule then- there was two cows & a calf or two, and some hogs- Q. Was not the mule given to Jack Bennett upon the condition that he lived and stayed with his grandfather. A. No sir- it was given to him to influence him to quit drinking whiskey. Q. After Jno. Bennett’s death, at the time dower & the years support was allotted & set apart to the widow, did you not insist that something should be allowed to Ben. F. Bennett- A. No sir- I did not. Q. Are you & B.F. Bennett not very intimate & were you not before his fathers death, and have you two not been together a great deal since & before the death of his father- A. Always very intimate- And we have been together a good deal. He has been coming to my house often even since he was ten years old, & not as a neighbor, but as one of the family you might say. Q. What was the amount of Jno. Bennett’s burial expenses- A. I think his coffin cost, 28 or so dollars- and I disremember what his clothes cost now. I don’t remember the ?, but there will be something coming to the estate, from the 70$ note I owe.

Re-Examined
Ans. I accounted for it [pension money] all to him in his lifetime in various ways. With the money he paid off some old notes that he owed ?- I paid his taxes, bought him some clothes & groceries, and he received in various ways all of it but the 70$ for which I gave him my note … They [mules, cows & calves] were allotted to the widow together with the hogs. All the personal property not exempt under the law and not allotted to her by the commissioners was sold by me as Exr and I returned a list of sales to the county court clerk, which as I see from the records of the county court aggregates $51.71. Q. Is the balance due on your $70 note and the personal property sold by you more than sufficient to pay costs of administration and the debts against the estate- Ans. I do not think it will pay it, leaving out the claims of B.F. Bennett … My understanding from him John M. Bennett was and has been for the last 8 or 10 years that Ben F. Bennett was to have the place at this fathers death for his services, and I thought he had a deed to it until after the old mans death when Ben mentioned the notes to me and I then asked him if he did not already have a deed to the land and he said no. 12 Jan. 1877. /S/ J.M. BRATTON. T.H. Finch C&M

Deposition of Jackson Bennett says John M. Bennett was his grandfather … Q. State whether or not you ever had any conversations with him about his stock in the Nashville & Chattanooga Railroad Company and if so how did the talk come up& what was said? Ans. I was wanting to go down to Nashville on a free ride and went to my grandfather to get him to let me have his stock in said Railroad & when I asked him to leave it to me- he said that he did not have it that he had given it to Ben F. Bennett, but that he would get it from him for me to go on. Q. Did you live with your grandfather since the war? Ans. Yes sir, I have several times since the war – the last time about two years … I do know that he said he had Ben hired by the year to attend to his business … Q. Was Ben F. Bennett at the time attending to the farm and the business of your grandfather- Ans. Yes sir-

Cross-examined by Morris & others

Q. What kind of business did B.F. Bennett attend to for his father and did he work any scarcely himself- A. Any business he needed attended to- he worked right smart- Q. What was the condition of Jno. Bennett before his death, and did not Ben influence his father & could he not get him to do as he wanted him- A. No, his father would not do as he wanted him-he always done his own way. 12 Jan. 1877. /S/ A.J. Bennett

Deposition of Mrs. Mary Gann. Q. Did you ever live at John M. Bennetts before his death, and if you did how long did you live there? Ans I lived there from first to last some seven or eight years in all. I moved from there the last time about the month of June last … I heard him John M. Bennett say that he was hiring Ben at two or three hundred dollars a year, but I have forgotten which amount it was … Ben was living there at the time … I heard him say that he had given his Railroad stock to Ben- This was when Jack Bennett wanted to get it. He said he would have to see his Uncle Ben- or he would get it from him (Jack) Uncle Ben or something to that effect.

Cross Examination
Q. When was it you heard Jno. Bennett say what he was paying Ben by the year, and where was it, and who was present A. I don’t recollect where it was, but I heard him say so, a time or two- It was at the house of Jno. Bennett. I don’t know who was present- I don’t recollect anything about that, I just heard him say he was a hiring of him (?) Q. What part of the place was it you were at when you heard the conversations by J.M. Bennett- A. I was living at Mr. Bennetts & it was there on the place. Q. When was it you heard Jno. Bennett say he had given the Rail Road stock to Ben, and who was present, and when was it you heard him say what you have detailed- A. Well I don’t recollect about that- don’t know when it was-I don’t recollect who was present-I don’t know nothing about that- I have forgot- I heard him say it at this house. Q You spoke of living at Jno. Bennett’s at different times, did you live there any during the war? A. No sir I did not live there until after the war … first lived at Jno. Bennetts … I think it was nine years ago last October and left this June last. 12 Jan. 1877. /S/ Mary (her X mark) GANN. T.H. FINCH C&M.

Deposition of Argaylor Bratton … I never purchased a mule from Ben F. Bennett in my life. I purchased one from his father John M. Bennett. I gave him a lien on the mule & my father with my consent sent the mule south to pay the purchase money- J.M. Bratton is my father and the Executor of John M. Bennett … He [John M. Bennett] was pretty hard to influence- Since I have known him he has been a man of his own head and always has done as he wanted … I don’t think Ben influenced him but very little if any…. /S/ A.B. BRATTON.

6 Jun 1877. Deposition of John K. BENNETT … Giles A. Bennett, who was generally called Berry Bennett is dead and left five children to wit: J.L.W. Bennett, Steven Bennett, Winfield S. Bennett, Rebecca Bennett, and Elizabeth Bennett, who is intermarried with Columbus Williams, and died after the death of her father, leaving two or three children whose names I do not know … Mary A. Bennett, who was called and known in the family as Polly Bennett is dead, and she was never married and left no children. That John J. Bennett is also dead, was never married and left no children- That Sarah A. Bratton is also dead and left two children now living Mary Alice Perkins and Jefferson Bratton. Francis M. Bennett is also dead and he left as his children, Jackson Bennett, Margie, Ida, Jarrett and Sallie Bennett – Argaylos Bratton is insolvent & has been so since the death of the old man Bennett. /S/ J.K. Bennett

Deposition of Berry Bostick states That he has heard the deposition of J.K. Bennett read and adopts it as to the deaths of the parties mentioned and as to the names of their children. I know the mule that John M. Bennett sold to Argalos Bratton – After the death of the old man Bennett Argulos Bratton turned the mule over to J.M. Bratton the Executor and he sent the mule by me to sell in the South. I sold the mule for the best price I could get and paid over to Bratton seventy eight dollars the net proceeds from the sale of the mule. I think it would be doubtful about making a debt out of Argaylor Bratton. Several have told me that you cannot make anything out of him and that he is insolvent. /S/ B.R. Bostick.

Know all me by these present that I John M. Bennett of the 10th Dist of Franklin CO. Tenn have this day transferred to Argalaur Bratton of the same place in consideration of the sum of one dollar in hand paid and the further agreement of said Bratton as herein stated for the purpose of making a cross during the season of 1875 one black mare mule 14 hans high It is understood and agreed that said Bratton is to pay the sum of one hundred & ten dollars (110.00) for said mule on or before the first day of next November and upon such payments the said mule shall become the property of said Bratton and upon the failure of said Bratton to pay said sum at the date stated the sum of 10 percent per an interest is to be added and to further secure the payment of said sum an additional lien upon one sorel fillie 2 years old and one bay mare ? years old mare owned by said Bratton to be in case of the failure to pay said sum at the time specified the ownership in the two mares last mention shall rest solely in said Bennett without further ? in ? and I Argalour Bratton hereby agrees to all the terms and conditions herein specified and to faithfully fulfill the same in witness where of I have affixt my hand and seal this the 8 of March 1875. /S/ A.B. Bratton. Wits.: B.R. Bostick; B.F. Bennett.

Deposition of J.M. Bratton… I am the Executor of John M. Bennett decd and as such Executor there has come into my hands and with which I am chargeable: The amount of list of sales returned by me to clerk of the county court of Franklin County Tennessee, dated 18 Dec 1875, due 12 months thereafter amounting to $57.70. I have collected off of his book of accounts the sum of $93.50. I have collected from B.R. Bostick the proceeds of the mule sold by him for me, being $78 recd by me in January 1877. – being the same mule that the testator had sold to Argaylor Bratton. I took the mule from Argaylor Bratton and had Bostick to sell it because it was the only way to realize anything on the claims and I considered the mule under the ? writing to still belong to this estate. I filed the papers upon as part of my depositions marked X. I rented out the farm from the year 1875 at the price of one hundred dollars, but there is to be deducted from that amount ten & 65/100 dollars for repairs of farm. The rents were due 25 Dec 1875. I have rented out the place for the year 1877, but could not get money rent, and therefore have rented it for a third of the crop as is usual and customary. I am also chargeable with note on me dated 1 July 1873 due at one day for $74.83. with credit of $19.35 April 1st 1875. The balance of the claims which came to my hands are insolvent. I am entitled to credits for my disbursements and allowance for serving and I herewith file the vouchers for my disbursements, as part of his deposition. They were executed by the parties whose names are signed thereto. Lycurgus Bennett died without any children. Mary A. Bennett was never married and is dead. I have not paid my attorneys for their services in this case and in the case about the lots at Decherd, but the same will have to be paid by me or under the direction of the court. /S/ J.M. Bratton.