Decree and Deed
Registered February 8, 1869
Heirs of Gilbert Cozart
Madison County Deed Book 26, pages 538-540
In 1871 this area became Crockett County Civil District 1
Tennessee State Library & Archives:
Madison County, microfilm roll #13
Transcribed by Denise L. Cozart
July 2002
Background:
The father of Hubbard, Gilbert Cozart, acquired land on the waters of the South Fork of the Forked Deer River in Madison County, 10th Surveyor’s District, 9th Section (later 9th Civil District).
At about age 25 in 1830 Gilbert was awarded a 50-acre land grant from the State of Tennessee. In January 1845 he acquired a 429-acre tract from his father, Joshua. In January 1850 he sold to his father 71 3/4 acres for $3.50. Gilbert had 567 acres when he died of typhoid fever in July 1860. This showed up on the deed registered February 1869.
Both Gilbert and his wife, Mary Ann Kirby, died the summer of 1860, leaving five minor children. Then came the Civil War, 1861-1865 and presumably the loss of farm animals and crops. During this time oldest daughter Ann Elizabeth married Jarriet McLemore.
In 1866-67 some sort of dispute about the estate arose among the heirs. When legal proceedings began in March 1867, Ann Elizabeth Cozart McLemore was 21 years old; Hubbard Theophilus Cozart was about 19-20; Mary Frances was 17; Helen Samantha was 14. Irwin Lafayette was not mentioned. If he were still living, he would have been 10.
Their father, Gilbert, had made a will in Madison County in July 1860. The witnesses of his will were J. J. McLemore, his future son-in-law; G. A. McLemore, and A. H. Cozart, his brother.
Will of Gilbert Cozart [son of Joshua and Elizabeth Marsh],
Thursday, July 12, 1860;
Probate Court, Madison County, Tennessee; Roll 534, Book 7, Pages 76-78
Gilbert Cozart
Will
Proven at August & Septr. Terms 1860.
Probate — see Minute Book
No. 9, p.p. 211. 216
In the name of God, Amen.
I, Gilbert Cozart,
being of sound and sane mind, make this my last will and testament; hereby revoking all others heretofore made.
1st — It is my wish and desire that my funeral expenses and all my just debts be paid by my Executor who is hereinafter named, out of any of the moneys that may be on hand as soon after my death as may be practicable.
2ond — I will and bequeath unto my beloved wife Mary Cozart, all of my real and personal estate during her widowhood for the use and mutual benefit of herself and my children, but if she should marry, then in that case it is my wish and desire that my real and personal estate remain in common stock under the direction and control of my wife for the use and benefit of my wife and children until any one of my children shall marry or arrive at the age of twenty-one years of age at which time it is my wish and desire that such an one or ones of my children as may have married or arriven to the age of twenty-one years of age, have their portion of all my real and personal estate allotted unto them by commissioners appointed by the County Court for that purpose making my wife an equal sharer of the same during her natural life beginning with the first and second and so on until the youngest shall marry or become twenty-one years of age.
3rd — It is my wish and desire that after the death of my wife that her portion of my real and personal estate be equally divided between all of my children each to share and share alike.
4th — I will and bequeath unto my wife a sufficient amount of my stock of hogs, horses, sheep and cattle for their support and as much or many of my farming tools as may be necessary to carry on the farm, likewise two yoke of oxen and my wagon for the above named purpose and all household and kitchen furniture the balance to be sold together with the crop after leaving a sufficient amount of corn and fodder wheat for one year support by my Executor hereinafter named.
5th — I give and bequeath unto my wife and my children all the moneys that may belong to my estate after all my debts and legal expenses for settling up my estate shall be paid, to be equally divided between them each to share and share alike. It is further my wish and desire that the moneys belonging to my children be placed in the hands of a Guardian appointed by the County Court, and that they be sent to school and the tuition of each one of them be paid by said Guardian out of the money each one may have allotted unto them.
Lastly — I do nominate and appoint Radford Withers my Executor to my last will and testament.
In witness whereof I do to this set my hand and seal
this 12th day of July 1860.
Gilbert Cozart seal
Signed, sealed and acknowledged in
our presence, and we have subscribed
our names as witnesses in the presence
of and the request of the testator
J. J. McLemore [Jarriet J. future son-in-law]
G. A. McLemore
A. H. Cozart [Anthony “Haywood” brother]
538
1664
County Court
The State of Tennessee
Madison County
To: Decree
H. T. Cozart — Lacy
Regist. Feby 8, 1869.
Be it remembered that heretofore, to wit
a County Court began and held for the County of Madison and State of
Tennessee on the 1st Monday being the 4th day of March in the year of our Lord 1867,
Present the Worshipful Archibald S. Rogers, chairman and Presiding Justice, Howel H. Madson and Ambrose R. Reid associates
The proceeding following on the succeeding pages of this sheet were had in said Court and appear on the Records thereof to wit
March 6th 1867
Jarrett McLemore & wife, Ann Eliza
vs.
Hubbard T. Cozart, Mary T. Cozart, Hellen M. Cozart
On this day came on this cause for further hearing upon the Report of the Clerk & Master on the Sale of the Land mentioned in the pleading in this cause which Report being unesscepted [unaccepted?] to is in all things confirmed and it appearing to the satisfaction of the Court from said Report that the Clerk & Master in obediance [sic] to the orders heretofore made in the cause did after Advertising as the law directs, Sell said land at the highest bidder at the Court House door in the town of Jackson on the 1st Monday in December 1866, when and where the same was struck off to Jarrett J. McLemore at the sum of Three dollars thirty cents per acre, who afterward on the 4th December 1866, transferred his bid to Hubbard T. Cozart, who with Parker Lacy paid the Cash payment and Executed this Note with Reuben H. Eppenson and John Lacy as security for the deferred payment. It is therefore ordered Adjudged and Decreed by the Court, that the said Sale be and the same is in all things confirmed and ratified, and that all the right, title, & Interest which the complainants and Defendants – except Hubbard T. Cozart in & to the said land lying in Madison County Tennessee, on the waters of Forked Deer River and 9th civil District and bounded as follows
on the North and West by the lands of Sugars McLemore, on the East by the lands of the Estate of A. G. McClellan Dcd [deceased] containing 567 acres be divested out of them and vested in Hubbard T. Cozart and Parker Lacy as joint Tenants in common, their heirs & assigns, Subject to a lien to Secure the unpaid purchase money, it is further ordered that the Clerk retain the costs and pay out of the Cash fund, the attorneys fee and the balance of said fund and hereafter to be collected pay to the legatees of said Gilbert Cozart according to their respective rights.
State of Tennessee
Madison County
I, P.c. McCowat clerk of the County Court of said County, do hereby certify that the foregoing is a “true copy” of a Decree pronounced by said Court at its March Term 1867, as the same appears of Record on the Minutes of said Court
Witness my hand at Office
this 8th day of February 1869
P. C. McCowat clerk
State of Tennessee
Madison County
I Joel R. Chappell Register of said County, do hereby certify that the foregoing Decree with clerk’s certificate & 3 cents in U.S.R. Stamps thereon was duly Filed in my office for Registration this day at 3 o’clock PM and so noted in Minute Book No 4 on page 348.
Witness my hand at Office
this 8th day of February 1869
J. R. Chappell Register
[page] 539
1665
H T Cozart
To: Deed
W. P Lacy
Regst Feby 8, 1869
This Indenture made 1st day of February one Thousand Eight Hundred and Sixty Nine, between W. P. Lacy and H. T. Cozart of Madison County Tennessee. H T Cozart part[y] of the first part and W P Lacy of the Second part in of Madison county and State of Tennessee part of Second part. Witnesseth
That the said party of the first H T Cozart and for the consideration of the sum of One Thousand two Hundred Dollars lawful Money of the United States to him in hand paid by the said party of the Second part at or before the ensealing & delivery of these presents, the receipt whereof is hereby acknowledged have remised released and quit claimed and by these presents do remise release and quit claim unto the trade party of the Second part & to his heirs & assigns forever, all that certain piece or parcel of land lying & being situated in the County of Madison and State of Tennessee in civil District No. 9, lying on the waters of Forked Deer River & bounded as follows:
On the North and West by the lands of Sugars McLemore on the East by the lands of the Estate of A. G. McClellan decd [deceased] containing in all 567 acres above mentioned, the intention of this Deed is to convey one half or all of my part to said W. P. Lacy together with all and Singular the tenements hereditaments & appurtenances thereunto belonging or in any wise appertaining and the revision and revisions remainder & remainders, rents, issues & profits thereof and also all the Estate right title interest Dower and right of Dower property possession claim and demand whatsoever so well in law as in Equity of the said parties of the first of or to the above described premises and every part and parcel thereof with the appurtenances
To have and to hold all and singular the above mentioned and described premises together with the appurtenances unto the said party of the Second part his heirs & assigns forever
Witness whereof I set my hand and seal
H. T. Cozart seal
Witness
James G. Lawrence
State of Tennessee
Madison County
Personally appeared before P. C. McCowart clerk of the County Court of said County, the foregoing named bargainor Hubbard T Cozart, with whom I am personally acquainted and acknowledged that he esecuted [sic] the foregoing Instrument for the purposes therein contained.
Witness my hand at office this 8th day of February 1869
P. C. McCowart clerk
State of Tennessee
Madison County
I Joel R. Chappell Register of said County do hereby certify that the foregoing Deed with clerks certificate and $1.50 in USR Stamps thereon was duly Filed in my office for Registration this day at 3 o’clock PM and was so Noted in Minute Book No 4 on page 348
Witness my hand at Office this 8 day of February 1869
J. R. Chappell Register
A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.