Tag: Cozart

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, 10^th 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.

West Tennessee Land Grant
To Gilbert Cozart
Recorded 9th of December 1830
Madison County Book 2A. page 739
In 1871 this area became Crockett County Civil District 1


Tennessee State Library and Archives
Madison County microfilm roll #166
Transcribed by Denise L. Cozart
July 2002

Background:
Gilbert was the son of Joshua. We know from the U.S. Census that Gilbert was born around 1805 in Georgia. He came to West Tennessee with his family where his sister Malinda was born around 1820.

In 1830 when Gilbert was about 25 years old, he purchased his own property near his father’s. See Joshua’s deed of April 1825. Both tracts were bounded by Entry #23 (Ewing) and Entry #450 (University of North Carolina). They were located on the north side of the South Fork of the Forked Deer River in Madison County.

The South Fork of the Forked Deer River is a long river which starts in Dyer County in the north and runs down through the present counties of Crockett, Haywood, Madison and Chester.

The tracts were in the 10th District, 2nd Range, 9th Section of Madison County. In 1871 this area became Crockett County, Civil District 1.

        The land in this deed was measured in poles and acres:
        1 pole = 16 1/2 feet
        1 mile = 320 poles = 5,280 feet
        1 acre = 160 square poles = 43,560 square feet
        1 square pole = 272 1/4 feet
        640 acres = 1 square mile

739
Recorded 9^th of December 1830
seal THE STATE OF TENNESSEE — N^o. 1627

To all to whom these presents shall come . . . Greeting:

KNOW YE, That by virtue of part of certificate N^o 2878 dated 24th of March 1830 paid by the Secretary and commission of West Tennessee to Robert McConnell for 230 3/4 acres, fifty acres of which was entered by Entry No. 2490 dated 10th May 1830 under the occupant claims in the name Gilbert Cozart assignee, originally
of said McConnell

There is granted by the said State of Tennessee unto
Gilbert Cozart

A certain tract or parcel of Land, containing fifty acres by survey bearing date 12th of May 1830 in the Tenth Survey of district Range two and Section nine in Madison County on the North Side of the South fork of Forked Deer river, and bounded as follows: Beginning at two Black gums, the North west corner of Entry No. 450 for 274 acres in the name of the President & Trustees of the University of North Carolina on the South boundary line of Entry No. 23 for 300 acres in the name of Ewing. Thence West with the Same twenty six poles to a Stake. the North East corner of a ten acre Entry, Thence South forty poles to a Stake its South East corner. Thence West forty poles to a hickory its South West corner thence South eleven poles to a Stake the South East corner of John McIver’s 48 acre entry. Thence West with his line fifty and one half poles to an elm. Thence South Sixty six poles to a hickory and three hor…ams [ink blot]. Thence East one hundred and sixteen and one half poles to a Dogwood on the West boundary line of said 274 acres entry. Thence North with the same Ninety five poles to beginning
With the hereditaments and appertenances [appurtenances].

TO HAVE AND TO HOLD the said tract or parcel of land with its appertenances to the said Gilbert Cozart and his heirs forever. In witness whereof, William Carroll Governor of the State of Tennessee hath hereunto set his hand, and caused the great seal of the state to be affixed, at Madison Co. on the 22nd day of October in the year of our Lord one thousand eight hundred and thirty and of the Independence of the United States the 55th

BY THE GOVERNOR:                Wm Carroll

Thos H Fletcher Secretary.

A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.

Deed
Gilbert Cozart to Susan Cozart and Children
Registered February 10, 1847
Madison County Deed Book 11, page 239
In 1871 this area became Crockett County Civil District 3.

Tennessee State Library & Archives:
Madison County, microfilm roll #6
Transcribed by Denise L. Cozart
July 2002

Background:
Return of land as a gift to his sister-in-law and nephews.

Around the end of 1846, William Davis Cozart died leaving Susana with a house full of little boys, the oldest only 10, the youngest 1 year. This piece of land near Cypress Creek adjoined relatives Madison Cozart. James Boals, and Kinchen Hathaway. William had bought it in 1838 and sold to his brother Gilbert in September 1844, presumably to provide financial relief to his family. After William’s death Gilbert returned it to William’s widow, Susana Boals Cozart, and her children on January 18, 1847.

Susana’s husband, William Davis Cozart, would have been about age 40 when he died; Susana only about 28. Her six children were: Robert William about age 10, Joshua James about 8, Gilbert about 6, Henderson about 4, Newton about 2, and Jasper about age 1. Grandfather Joshua was about 71, and brother-in-law Gilbert was about 41. These ages were calculated from the U.S. Census.

By the time of the1860 U.S. Census, Susana had remarried [widower Kinchen Hathaway], and father-in-law Joshua had died. William and Susana’s boys were growing up. Joshua James and Jasper went to live with Susana and Kinchen Hathaway. Robert “William” had married and lived next to Uncle Madison Cozart, likely in the family home in which he grew up. Henderson and Newton left to live with first cousin William Emmerson/Emmison and family. William was the son of Margaret Boals Emmerson/Emmison, sister of their mother, who lived on the next farm.

The Cozart boys did not come into their inheritance until after the Civil War. The three oldest sold the property in October 1865 for $2325 and in all likelihood divided the money among all the sons.

This land was in Madison County, 10^th Surveyor’s District, 18th Civil District, near the waters of Cypress Creek. In 1871 this area became Crockett County, Civil District 3. Gadsden was the big town of the district.

        The land in this deed was measured in poles and acres:
        1 pole = 16 1/2 feet
        1 mile = 320 poles = 5,280 feet
        1 acre = 160 square poles = 43,560 square feet
        1 square pole = 272 1/4 feet
        640 acres = 1 square mile

239 [page]
229
Gilbert Cozart        
To: Deed 100 etc        
Susan Cozart & others        
Reg[istered] Feb 10^th 1847

I Gilbert Cozart of the County of Madison State of Tennessee for the love and affection I entertain for my brother William D. Cozart’s wife and children to wit widow Susan Cozart, children, Robert W. Cozart, Joshua Cozart, Gilbert Cozart, Henderson Cozart, Newton Cozart & Jasper Cozart Children of Said William D. Cozart, and for the further consideration of the sum of one hundred and fifty dollars to me in hand paid by Joshua Cozart, the Grandfather of said children, I do hereby give transfer and convey to said widow and children, the said widow to use said land for his support and said children during his natural life or while she remains a widow, and at the hapening [sic.] of either event, the death or marriage, then the said following descendants listed to be equally divided among said children share and share alike, a certain tract or parcel of land situated lying and being in the County of Madison State of Tennessee it being a part of a 640 acre Survey Entered & granted to Frederick W. Huling, on the waters of Cypress Creek. Beginning at Madison Cozarts Northwest corner a black walnut three white oak pointers. Thence East 178 & 1/10 poles to a stake post oak and Black gum pointers. Thence North 89 1/2 poles to a stake Black oak and post oak pointers. Thence West 178 & 1/10 poles to a Stake Hickry [sic.] & post oak pointers. Thence South 89 1/2 poles to the Beginning. Containing 100 acres more or less.

        To have and to hold the same to the same to the said parties of the second part and their heirs and assigns forever.

        I do covenant and agree for myself & heirs to warrant and forever defend the title to the said tract of land to the said parties of the second part, their heirs and assigns forever against the lawful claims of all persons whatsoever this 18^th day of January A.D. 1847.

Gilbert Cozart seal

State of Tennessee
Madison County
Personally appeared before me Thos. W. Gamewell clerk of the County Court of said County Gilbert Cozart the foregoing named bargainor with whom I am personally acquainted and who acknowledged that he executed the within deed for the purposes therein contained, witness my hand at office this 1^st day of February 1847.

        Rec[eived] the State Tax Thos. W. Gamewell clk

State of Tennessee
Madison County        I Willie Langford Register of said County
do certify that the foregoing deed was filed with my office this day at
2 O’clock P.M. and noted in minute Book No. 2 Page 12

        Witness my hand at office this 3^rd day of February 1847.
W. Langford R.M.C.


A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.

Deed
Gilbert Cozart to Joshua Cozart
Son to Father
Registered January 1850
Madison County Deed Book 13, page 328
In 1871 this area became Crockett County Civil District 1

Tennessee State Library & Archives:
Madison County, microfilm roll #7
Transcribed by Denise L. Cozart
July 2002

Background:
This property was located in the 10th Surveyor’s District, 9th Civil District of Madison County. In 1871 this area became Civil District 1 of Crockett County.

This tract of Gilbert’s begins at the southeast corner of Entry No. 450. Father Joshua Cozart already had bought land from the University of North Carolina in 1825. His tract went to the south corner of Entry No. 450. Gilbert’s grant of 1830 began “at two Black gums, the North west corner of Entry No. 450 for 274 acres in the name of the President & Trustees of the University of North Carolina.” All this land was adjoining, and this purchase extended Joshua’s tract westward.

This purchase was in January 1850. Later in May Joshua sold his whole parcel of 275 3/4 acres. (See deed registered in September 1850.) He and wife Elizabeth were retiring to a smaller place of 184 acres.

Gilbert was about 44 years old; father Joshua was about 73.

    The land in this deed was measured in poles and acres:
    1 pole = 16 1/2 feet
    1 link = 7.92 inches
    1 mile = 320 poles = 5,280 feet
    1 acre = 160 square poles = 43,560 square feet
    1 square pole = 272 1/4 feet
    640 acres = 1 square mile

328
Gilbert Cozart
To: Deed — 71 3/4 acres
Joshua Cozart
Indenture made this the 11th day of January 1850, between Gilbert Cozart of the County of Madison of the State of Tennessee of the one part and Joshua Cozart of the County and State aforesaid of the other part; Witnesseth that the said Gilbert Cozart for and in consideration of the sum of three dollars and 50 cents to him in hand paid, by the said J. Cozart the receipt whereof is hereby acknowledged, hath given and granted, bargained, sold, aliened, conveyed and confirmed unto the said Joshua Cozart, his heirs and assigns forever, a certain tract or parcel of land, Situated lying and being in the aforesaid County and State containing 713/4 acres, it being a part of 150 acres that was granted to the said Gilbert Cozart, be the same more or less, lying in range 2 and section 9, in the aforesaid County. Beginning at a hickory at South East corner of Entry No. 450 for 272 acres, in the name of the President of the University of North Carolina; and thence South 80 poles to a stake and sweet gum and elm pointers; thence East 1431/2 poles to an elm, hickory, small oak and white oak pointers; thence North 80 poles to a white oak, poplar and sweet gum pointers; thence West 1431/2 poles to the beginning — To have and to hold the aforesaid Land with all and singular the right, profits & emaluments [emoluments], hereditaments and appurtenances for in and to the same belonging, or in any wise appertaining to the proper use and behoof of him the said Joshua Cozart, his heirs and assigns, that the aforementioned lands and bargained premises he will warrant and forever defend against the rights, title, interest or claim of all and every person whatsoever. In witness whereof the said Gilbert Cozart hath hereunto set his hand and seal, the day and year above written.

                                                    Gilbert Cozart seal

State of Tennessee
Madison County

Personally appeared before me, Thos. W. Gamewell, Clerk of the County Court of said County, Gilbert Cozart, the foregoing bargainor [bargainer] with whom I am personally acquainted and who [This was all that was copied from the microfilm by the archives. Part of the ending was would be something like:]

acknowledged that he executed the within deed for the purposes therein contained

Witness my hand at office this 11th day of January 1850
Thos. W. Gamewell Clerk

Recd: the State Tax on this deed
Thos. W. Gamewell Clerk

State of Tennessee
Madison County

I William W. Gates, Register of said County certify that the foregoing deed and Clerk’s certificate thereon was filed in my office this day, at … Oclock … .M. and noted in Minute Book No. 2 page ….
Witness my hand at office this 11th day of January 1850.
W. W. Gates

A very special thank you to Denise Cozart, who transcribed and contributed this document for use on this web site.