BEDFORD COUNTY, TN – WILLS – Heirs of David A. Weaver, Sr. 

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Heirs of David A. Weaver, Sr. (ca. 1766-ca. 1852) of Bedford County, Tennessee Bedford Co., TN Chancery Court Rule Docket Book January 1852-March 1857, page 112 Zepheniah Weaver & others vs. O. [original] Bill A.J. Green & wife & others Set for hearing August Term 1854 & continued Set for hearing February Term 1855 & continued Set for hearing August Term 1855 & continued Set for hearing Feby Term 1856 and decree to pay out fund collected. Bill filed 22nd March 1854 Bond taken with E Cooper Esqr security on Bond. 1 Copy of Bill & 1 subpa issued and delivered To the Sherriff of Bedford County, Jas. M Johnson 22nd of March 1856 1 Copy of Bill 1 subpa issued 22nd March 1854 and mailed to the Shff of Lawrence County for Murphy Nutt & wife & postage paid by C & M April Rules 1854. It appearing to the Satisfaction of the Clerk & Master from the Affidavit of E Cooper Esqr. Complainants Solicitor that Iverson Green & wife Polly are non- residents of The State of Tennessee, and reside in the State of Lousiana, & Franklin Stephens who resides in the State of Mississippi, Garland Huffman and wife who reside in Texas & David Weaver who resides In Mississippi, are all non-residents of the State of Tennessee And reside in the above named States. So as the ordinary process of this Court Court cannot be served upon them it is therefore ordered by the Clerk & Master, that publication be made for Four Successive weeks in the Bedford Yeoman a newspaper published in the Town of Shelbyville Tennessee Requiring the Said non-resident defendants to appear at the next Term of the Court to be held at the Court House in the town of Shelbyville on the first Friday after the 4th Monday in August next and plead, Answer, or Demur to Complainants Bill or the Same will be taken for Confessed and set for hearing Exparte, as to them. William J. Williams C & M Subpa returned Executed on A.J. Green by reaching and Delivering him a Copy of complainants Bill March 22nd 1854. Executed on George Sherrill & wife Lucretia F. and on Irena Green 9th May 1854. Subpa returned from Lawrence County Executed on in full 10th June 1854. Lewis Miller, Sherriff Lawrence Coty. Postage paid going & Returning 11 cents by C & M. Answer of Murphy Nutt & wife filed July 31st 1854 Answer of A J Green filed 25th August 1854.

Bedford Co., TN Chancery Court Minute Book 1854-1858, pages 14-15. Zepheniah Weaver & others } vs } Decree A.J. Green & wife & others } Be it remembered that his cause came on for hearing this 4th day of August 1854 before the Hon. Broomfield L. Ridley Chancellor upon bill answer and pro confesso order. And it appearing to the satisfaction of the court from the pleadings in the cause that David Weaver departed this life intestate some time ago leaving the parties named in the original bill as his only heirs at law being ten children and their representatives and it also appearing that he was the owner of a small tract of land containg fifty acres as set out in the pleadings and that Zepheniah Weaver is his administrator and it also appearing from the allegations of the bill and the answers of defendants Green & Wife and the pro confesso order as to David Weaver George Sherrill and wife more than the value of the land will make up to the other heirs–and to Murphy Nutt & wife at least $75 by their answer, and that they do not desire to have their advancements collated and that the said land will have to be sold for partition amgst. the other heirs and distributors of David Weaver decd. It is therefor ordered, and judged and decreed by the court that the clerk and master proceed and sell the tract of land described in the bill, that he sell it upon the premises first giving thirty days notice of the time and place of sale on a credit of one and two years except the sum of fifty dollars to pay costs requiring interest on the other payments from date of sale and report his proceedings in the next term of this court untill which time all other matters are reserved

Bedford Co., TN Chancery Court Minute Book 1854-1858, pages 394-395. Zepheniah Weaver Admr. & c. } vs } Andrew J. Green & others } and } Decree. Zepheniah Weaver } vs } Sarah Lassiter } Be it remembered that this cause came on for further and final hearing before the Honl. B.L. Ridley, Chancellor & c this the 4th day of September 1857 upon Bills, Answers, proof, and the other proceedings heretofore had in said cause-And it appearing to the satisfaction of the Court that David Weaver had advanced in his life time to his daughter Sarah Lassiter the sum of fifty dollars, to Complainant Zepheniah Weaver the sum of fifty dollars, to his daughter Lucretia Sherrill the sum of fifty dollars in twenty acres of land, to Murphy Nutt and wife Fanny about seventy five dollars, and that he had paid as security for his son David Weaver about $200. It is therefore ordered and decreed by the Court that sd. Sums be charged to those who received them respectively as advancements. It further appearing to the Court that A.J. Green & wife Irena have been advanced their full share, and do not claim any part of the estate. It further appearing to the Court that there are still debts outstanding against the estate of said David Weaver decd. To be paid by the Administrator. It is therefore ordered and decreed by the Court that whenever Complaint. as Administrator shall have made his settlement with the Judge of the County Court of Bedford County, the Clerk & Master of this Court pay over to sd. Administrator so much of the money in his hands arising from the sale of the land as shall be according to sd. settlement necessary to pay the balance of the debts of said estate and necessary expenses. It is further ordered and decreed by the Court that after deducting the costs of this cause, except the costs of the bill of Complainants vs. Sarah Lassiter-and after collecting and charging the advancements aforesaid, said Clerk & Master pay over the balance of sd. money in his hands to the heirs and distributees of said David Weaver decd. Or their Attorney’s in fact, as follows– To complainant Zepheniah Weaver one share, to Lucretia F. Sherrill one share, to Abner Moss and wife Jenny one share, to Sarah Lassiter one share, to Polly Green wife of Janson Green one share, to Franklin Stephens, only child of Betty Stephens one share, to Polly Keer wife of Thomas Keer [Carr], David Weaver, John Weaver, and the other children and distributees of Saml. Weaver decd. Named in the original Bill, jointly, one share, to Fanny Nutt wife of Murphy Nutt, one share of said money, and to David Weaver, son of sd. David Weaver decd. One share. It is further ordered and decreed by the Court that said Clerk is not to pay those of sd. distributees who have received fifty dollars or upwards by way of advancement any portion of sd. money until those who received nothing are made equal to them. Nor is he to pay anything to those of sd. distributees who are charged with more than fifty dollars each as advancements until all the others receive a sufficient sum each to make them equal. It is further ordered & decreed that the costs of the Bill above referred to against Sarah Lassiter shall be paid by the sd. Zepheniah out of his individual funds unless the Judge of the County Court shall allow him the same on the settlement with him.