Contributed by Denise L. Cozart

Kinchen & Jane Cozart Hathaway to William H. Marlow
Brothers-in-law
Registered September 5th, 1856
Madison County Deed Book 19, page 53

Tennessee State Library & Archives:
Madison County, microfilm roll #10
Transcribed by Denise L. Cozart
July 2002

Background:

This was marked “deed,” but it does not seem that land was involved, perhaps money and effects. The deed referred to Jane Cozart Hathaway and her husband as “legatees” of her father Joshua’s last will and testament of 1851. Jane was about 41 in 1851. Jane died before December 1859 when her husband remarried.

The difference in dates was striking. The initial deed was signed and sealed on 2nd August 1853. On 6th March 1854, the clerk, Thomas W. Gamewell, authorized R.W. Sims, Esquire, to interview Jane apart from her husband to verify her intent. R.W. Sims examines her 8th December 1854. The registration did not take place until 5th September 1856, three years from the beginning of the process.

William H. Marlow and his wife Mahulda Cozart Marlow also “bought out” another “legatee,” Thornton Ellsworth Cozart. See deed of 1858.

53

K. & Jane Hathaway To
W. H. Marlow deed
Reg. September 5th 1856

Know all men by these presents that we Kinchen Hathaway and Jane Hathaway formerly Jane Cozart of the County of Madison and State of Tennessee for in consideration of the sum of Two Hundred and fifty Dollars to us in hand paid or secured to be paid by William H. Marlow of the said County and State aforesaid, hath bargained and sold unto the said William H. Marlow and his heirs and assigns forever, our undivided interest as legatees to the undivided property of the Estate of Joshua Cozart deceased, late of said County of Madison and State aforesaid it being fully described and Set forth in the last will and Testament of said decsd Reference to the said will fully show the undivided interest herein conveyed. Hereby transfering [sic.] In witness whereof we have hereunto set our hands and Seal this 2nd day of August 1853

K. Hathaway seal

her
Jane Hathaway seal
Mark

Attest
James McMillan
Simeon Pearce

State of Tennessee
Madison County

To R. W. Sims Esq. You are hereby authorized to take and empowered to take the … examination of Jane Hathaway the … … privately and apart from her husband the said K. Hathaway touching her free and voluntary execution of the within deed and the same where so taken certify under your hand and seal. Witness my [hand] Thos W Gamewell Clerk of Madison County Court at office this 6th March 1854.

Thos. W. Gamewell Clerk

I R. W. Sims have this day examined separately and privately apart Jane Hathaway from her husband touching the execution of the within deed and do certify that she acknowledged the execution thereof to be her own free will and without any compulsion acts …… whatsoever

Given under my hand and seal this 8th day of Dec 1854.

R. W. Sims

[Remainder of deed was not photocopied. It would have read like the one preceding it:]

State of Tennessee
Madison County

I Wm. G. Cockerill Register of said County do certify that the foregoing conveyance and clerk’s certificate therein were duly filed in my office this day at … O’clock ….M. and noted in Minute Book 3 page 113. Witness my hand at office this 5th day of September 1856

Wm. G. Cockerill Reg.

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