PARENTAGE OF JOHN WILLIAM KIRK
(1855-1895)
Jonathan Kennon Thompson Smith
Mr. Jonathan Kennon Thompson Smith of Jackson has published seven genealogical miscellanies for Henderson County. He wishes to share this information as widely as possible and has granted permission for these web pages to be created. We thank Mr. Smith for his generosity. Copyright, Jonathan K. T. Smith, 2001
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In the present writer's publication, A GENEALOGICAL MISCELLANY OF HENDERSON COUNTY, TENNESSEE, III (2001), pages 11-15 there is an article, "Murder of John H. Trice by his Negro Servant, 1860."
The father of John H. Trice (1830-1860) was John Calvin Trice (January 23, 1804-April 30, 1895) whose wife was Elizabeth (Crook) Trice (November 10, 1805- October 12, 1887), who were married January 28, 1830. The Trices lived on a large farm near Jacks Creek, then in Henderson County but now (and since 1882) in Chester County. They were well-to-do farmfolk, active in the politics of antebellum Henderson County.
Among the other children of this couple was Florina Elizabeth Trice (January 8, 1837-October 16, 1907) whose marriage to Joel F. Hamlett (April 2, 182l-November 2, 1895) is well-known. There has been a "suggestion" among some genealogists that she had first married a Kirk, given name uncertain.
In copying the tombstone inscriptions in the old cemetery of Clarks Creek Primitive Baptist Church at Frye's Point, the present writer noted a substantial tombstone, an inscribed vertical slab against a brick background and the grave is enclosed by a brick wall. A large Masonic emblem is inscribed above the decedent's vital stats. The tombstone reads:
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William A. Kirk, Born Oct. 2, 1830. Died July 4, 1856 |
The Primitive Baptists purposely avoid membership in secret societies such as the Order of Freesmasonry. It was likely this man had prominent connections with some member of the Clarks Creek Church to have been buried there as his name is not found among its membership lists.
John C. Trice was an active and respected member of this congregation for many years. On page six of Henderson County Guardian (Bond) Record, 1861-1899, is recorded the guardian bond of John C. Trice dated February 1861, in which capacity he was appointed to act for John W. Kirk, minor child of William A. Kirk, deceased. Trice was several-times-more appointed to act as young Kirk's guardian.
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In the 1860 U.S. Census of Henderson County, Civil District 5, July 2, page 5 (members of household, their ages, genders, head of households real estate valuation, personalty (chiefly slaves) valuation, places of birth):
On April 16, 1861 John C. Trice from natural love" for his daughter, Florina E. Kirk, gave her 567.5 acres in Civil District 5 of Henderson County. This real estate fell in that part of Henderson County that became part of Chester County in 1882. The deed was first recorded in September 1863 and re-recorded in August 1904. (Chester County Deed Book 11, pages 355-356) In 1872 she married Joel F. Hamlett who had served in the 11th Mounted Texas Infantry, CSA, during the Civil War. She was his second wife.
While visiting temporarily with her daughter, Bessie, in Bisbee, Arizona, Florina Hamlett executed her last will July 4, 1907; in it she willed $2000 in cash and $2000 in bankstock to her son, Joel E. Hamlett; a similar amount to her daughter, Elizabeth (Bessie); she willed them further bank stock and her Jacks Creek farm. To her granddaughter, Fannie Maude Kirk, she left $2000 in cash and $2000 in bank stock and a share in the old family farm. (Chester County Will Book 2, pages 80-81)
Florina Hamlett returned to Henderson, Tennessee where she died. Her last will was probated and Elizabeth Gillespie was appointed executrix October 29, 1907. (Chester County Minute Book 11, pages 220-221) In July 1909 Joel E. Hamlett and wife sold their interest in the old homeplace to his sister for $2534, a composite of 567.5, 16 and 18 acres. An agreement had been reached between William L. Smith and Elizabeth Gillespie September 8, 1907 whereby he would purchase this property which he did. Agreeing to these terms was Susie Kirk, mother and guardian of Fannie Maude Kirk, a minor. (Chester County Deed Book H, pages 539-543)
Joel E. (Jody) Hamlett (January 1873-December 19, 1929) married Mary Swayne; they subsequently lived in Ft. Worth and Abilene, Texas but he died in Los Angeles. (CHESTER COUNTY INDEPENDENT, Henderson, January 9, 1930) Elizabeth (Bessie) Hamlett (1878-1954) married James Bright Gillespie July 27, 1906; they had a daughter, Elizabeth Gillespie, who died unmarried, February 6, 1935, a professor of astronomy at the University at Berkeley. The Gillespies moved to Bisbee, Arizona but in a few years moved to Los Angeles where she died many years later.
While he was working in Kansas City, Missouri, John W. Kirk had married a cousin from Texas, Susan (Susie) Crook (born 1860), daughter of John Harmon Crook and Martha (Stell) Crook. The Kirks lived in Henderson, Tennessee where he died leaving his widow and a surviving child, Fannie Maude Kirk. (Chester County Minute Book 6, pages 504, 570)
Marking John W. Kirk's grave and that of a daughter in the city cemetery on North Church Street in Henderson is a tall polished granite tombstone inscribed: JOHN W. KIRK, Oct. 29, 1855-June 1, 1895. At evening it shall be light. MADGIE KIRK, Sept. 14, 1889-Sept. 5, 1894. She was the sunshine of our home. Both are buried in cradle enclosures; his reads: How many hopes lie buried here."A man whom money could not buy nor by men intimidated."
Susie and Fannie Kirk moved to Los Angeles where in advanced age the mother died in late August 1939. (CHESTER COUNTY INDEPENDENT, Henderson, September 7, 1939). Apparently as Frances Kirk, Fannie Maude Kirk (September 1892-July 1982) lived in the Los Angeles area for decades.
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John Calvin Trice (1804-1895), orange Co., N.C. by birth, came to Henderson County, Tennessee about 1822; an enterprising young man he married Elizabeth (Betsy) Crook early in 1830; she was the oldest child of John Crook (March 10, 1776-September 1, 1856) and his first wife, Flouraney White and they were living in Madison County, Kentucky when Betsy was born; they moved to Bedford County, Tennessee where the mother died about 1809 and the father remarried, to Margaret Harmon. They moved to Henderson County in the early 1820s. (See, "Descendants of John Crook by Warren Clay Crook, 2001.) John Trice had settled about 1824 on a tract of land adjoining the Crooks near present-day Jacks Creek. One of the old folk stories of the area told of John Trice had it "that the day he and Betsy moved to themselves that his father-in-law sent him a negro man to be his slave and that Trice sent the negro back with the word that Betsy, his wife, was all the Crook family he wanted. They lived and died within a mile of Jacks Creek. . . ." (CHESTER COUNTY, THEN AND NOW, by S. E. Reid, 1924, pages 21-22)
In his last will executed June 22, 1856 John Crook noted that "My daughter Elizabeth Trice has had property and effects to the amount of five hundred dollars. "He died September 1, 1856 and John Trice qualified as executor July 20, 1857. (Copy of his handwritten will owned by Warren Clay Crook, Henderson County, in 2001) Crook had lived for years just west of the Trices on a 339 acre tract but his dwelling burned there in 1853 after which he and younger family members moved to their "north farm," some 800 acres in the Middlefork community where he died. His heirs sold the 339 acre "south farm" to Trice January 10, 1857. (Henderson County Deed Book P, pages 407-408)
John Trice had selected a picturesque location for his large log house (perhaps weatherboarded in later times) on a small table-land above Jacks Creek and just south and further up the hill from the public road that ran through his farm. This location may be reached today by walking up this south hill from a point about .1 mile west of the Highway 22A and Smith Road juncture. Still there is the mound constituting the ruin of a large chimney of the family residence. Depicted below are two of the hearth bricks, one still bearing the green glaze that Trice and several other local folk painted bricks that were interspersed in their chimneys and hearths; as well as W. Clay Crook standing at the old chimney mound.
[HTML editor's note: The two photographs described were of too poor a quality to reproduce.]
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The likeness reproduced just below is by courtesy of Warren Clay Crook (born 1961):
Elizabeth "Betsy"Crook Trice
1805-1887
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On the map on the previous page, A. indicates location of the John C. and Betsy Trice homesite, the () just to the right of this number noting the table-land. B. indicates the former homesite of John Crook, whereon his granddaughter, Florina Trice and her second husband, Joel F. Hamlett, built a frame residence in the early 1870s (rather than in the 1860s as is usually cited). C. indicates the fifty foot space once between two large hardwood trees that tradition avers was the homesite of John H. Trice and his young family, located on his father's farm. D. indicates location of the old, tall beech tree on which Jo Harrison, the slave of John H. Trice who murdered him late in 1860, was hanged, located about .3 mile south of the Hamlett house and just north of the blue hole, a clear pool of Jacks Creek. Miss Martha E. Smith whose family owned this old homeplace for many years and a black man, Thompsie Frye (1906-1995), familiarized Warren Clay Crook with folklore surrounding John H. Trice's demise and the place where Jo Harrison was hanged. Frye' s grandmother was a slave on the adjoining Frye farm whereon Jo had carried his master's body to dispose of it, the Frye slaves alerting the whites as to this fact. Crook took the present writer to this "hanging tree in mid-July 2001 where and when it was snapshot (difficult to do so due to the tall trees and thick foliage creating a dark aspect to the scene):
Photo caption: main trunk of the "hanging tree"
Photo caption: canopy of the "hanging tree"
[HTML editor's note: These were of too poor a quality
to reproduce.]
E. indicates the location of the Trice-Hamlett Cemetery, formerly part of the John C. Trice farm, where many members of the Crook-Trice family connection are buried.
A devout Primitive Baptist, John Trice was also a successful farmer. Having deeded his home farm to his widowed daughter, Florina Kirk she and her second husband built their residence there:
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The biographical sketch of William Crook Trice, a son of John and Betsy Trice, on pages 867-868, HISTORY OF TENNESSEE (Chester County), by W. A. Goodspeed, 1887, provides some background on this family:
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William C. Trice, farmer, was born in Henderson County in 1833 and is one of four children, two now living: Mrs. F. Hamlett and our subject. Their parents, John C. and Elizabeth (Crook) Trice, are natives of North Carolina and Kentucky respectively, the father born in 1804 and the mother in 1806. John C. was reared in his native State and received but a limited education. He came to Henderson County about 1822 and in about 1828 was married, after which he settled near Jacks Creek where he still resides. He is one of the county's prominent citizens and is a member of the Primitive Baptist Church. The mother is still living. Harrison Trice, grandfather of our subject, was a native of North Carolina and came to Henderson County about 1827, where he died. The subject of this sketch was educated in the common schools and November 19, 1856, he married Eliza B. Boren, a native of Henderson County, born in 1833, a member of the Christian Church, and the daughter of Elijah and Mary Boren. By this union they became the parents of seven children, six of whom are living: Luke L., Callie R. (Mrs. J. J. Christopher), Lora A., Eva B. (Mrs. M. F. O'Neal), Mattie H. and Lessie. Since his marriage Mr. Trice has resided on his present farm which consists of 1,200 acres of land, the most of which is under a high state of cultivation. He is one of the most extensive landholders in the county and in a practical and ideal farmer. In 1868 he was appointed magistrate and has filled that office in a capable manner ever since. He was a Whig in politics before the war and is now a Republican. He is a member of the Masonic fraternity. |
A well-researched genealogy of the TRICE family was published by Olive Trice Jackson in 1988 entitled, THE TRICES OF NORTH CAROLINA, GEORGIA AND ALABAMA, in which a somewhat incomplete treatment is given to John C. Trice and immediate family on pages 28-69.
It was a gesture of confidence in Florina Kirk that her father deeded his real property to her as he lived decades longer. At the time of his demise there was only personal property to distribute among his heirs, not even enough to justify court action.
Florina Trice Hamlett' s daughter sold the old family homestead to William L. Smith and wife of Reagan in the late summer of 1908; the Smiths then moved to the farm. The Smith heirs divided the farm among themselves in 1940. Martha Luiza Smith (who took the middle name Eliza and was called Miss Liza), a daughter, acquired the old residence and about 202 acres of land whereon she lived for many years. Her house was filled with antiques and valuable, interesting personalty. She wanted her homeplace to be preserved as a local museum. It was placed on the National Register of Historic Places in 1983. "Miss Liza" died in June 1990 leaving a 1st will that she thought provided solidly for the maintenance of her old home as a museum. (Chester County Chancery Court Case P-302)
Miss Smith left the house and contents to Lewis P. Jones, a neighbor, to administer (and he was administrator of her estate); her farmlands were left to Gary and Glynn Williams, brothers and other neighbors, as trustees to provide income to maintain the museum. These parties decided that the homeplace could not be operated as a museum and through court action in April 1992 Lewis Jones was awarded the house and seven acres around it and the contents of the house. He sold the contents at auction and late in 1995 sold the old homeplace. (Chester County Deed Books 91, page 305; 141, page 37)
Through court action in April 1992 the remaining acreage was sold to the Williamses who were to have first choice at its purchase and at a fair market price; they bought it by installment, the money deriving therefrom going into the Martha E. Smith Historical Trust which was to be used to fund historical projects. (Chester County Deed Book 91, page 543; Chester County Chancery Court Case P-302)
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To date the only allocations made by the trustees were modest ones to the Chester County Public Library. The Williamses had twice appealed the decision of the court to award Jones the homeplace and personalty in fee simple but the judicial decrees went against them as the wording of the Smith will was determined to favor Jones. Miss Smith had drawn up her own will devoid of assistance of an attorney resulting in what some people thought of as ambiguities. (Conversation, Jonathan Smith with Glynn Williams, July 18, 2001)
The old Trice-Hamlett Cemetery was set apart by Martha E. Smith in her own life-time by survey and deed.
In 1918, William L. Smith sought a loan from the Federal Land Bank of Louisville, Kentucky and his application necessarily bore evidences of his legal right to the land he claimed as collateral. Selected pages from this application are hereafter duplicated, including a few depositions and an abstract from the J. E. Hamlett, et al. vs Fannie Maude Kirk #568 case heard in Chester County Chancery Court, 1909. These pages are from the legal brief owned by W. L. Smith's daughter, Martha E. Smith, who gave them to W. Clay Crook through whose courtesy these copies appear here. According to Mrs. Cornelia Hall, present Clerk and Master of the Chester County Chancery Court, the appropriate chancery minutes (book 4) and the original file are missing; in fact the minute books from 1902 until 1922 are missing, along with files; hence the significance Qf these manuscript pages from the old land bank application.
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State or Tennessee Personally appeared before me, J. T. Harwell, a Notary Public in and for the State and County aforesaid, Ned Trice, who makes oath in due form of law that he is about 73 years of age and that he has known the lands owned now and upon which W. L. Smith has made application to The Federal Land Bank of Louisville for a loan, ever since he can remember. That the said W. L. Smith derived title to these lands from the following sources: 1. The Hamlett tract. 567 acres. The first recollection the affiant had of this tract, it was owned by John Crook. He died in 1856 leaving the following named heirs: — 1. Louis Crook, 2. John Crook, 3. Richard Crook, Douglass Crook, 5. Jacob Crook, 6. William Crook, 7. Thomas Crook, 8. Mrs. Pollie Cotton, who intermarried with George Cotton, 9 Mrs. Kittie Peery who intermarried with John Peery, Mrs. Elizabeth Trice who intermarried with John C. Trice, he also left his widow was Mrs. Nancy Crook. The said John Crook died intestate in what was then Henderson County, Tennessee. All the above named parties were of age and were the only heirs of John Crook, deceased. In 1857, all these heirs of John Crook and the widow joined in a deed conveying the lands to John C. Trice. The widow, Mrs. Nancy Crook died about 1859. That the said John C. Trice had a daughter named Florina Trice who intermarried the first time with William Kirk who died in 1856. John C. Trice gave these lands to his daughter Florina Kirk. She afterwards |
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intermarried with Joel Hamlett. She lived on these lands until her death. She died testate and left the following heirs, 1. Fannie Maude Kirk who was a grandaughter and the only heir of John Kirk who died in 1895 and he was a son of Mrs. Florina Hamlett by her first husband William Kirk. 2. Bessie Hamlett who intermarried with J. B. Gillispie. 3. Joel E. Hamlett. Her husband Joel Hamlett died in 1895. These were the only heirs at law of Mrs. Florina Hamlett. The John C. Trice Tract of 18 acres. These lands were first owned by Willis Arnold, that is he first owned these lands in 1854, .Wil
N. T. #2 lis Arnold had so children and in 1868 be gave this particular tract to J. A. Crook, his nephew. J. A. Crook sold these lands to John W. Kirk and. John W. Kirk sold to John C. Trice and he sold to Joel Hamlett. 3. The John C. Trice home place, consisting of about 320 acres was entered by him is this affiant's information. He reared a family on this place and all his children were grown in 1858. 4. There is a small tract consisting of about 2 acres new owned by W. L. Smith that he bought from Wiley Benson. William Burton owned these lands as far back as this affiant can remember. He sold the lands, to John Uurt or that helived on these lands at one. tija~. Affiant further states that he lived. most of his life on the Joel Hamlett lands and knew the lands and the different owners well. That W. L. Smith and the parties through and under whom he claims title as to the first three tracts described in this affidavit, have been in open, continuous, uninterrupted, adverse and notorious possession of the said lands for more than sixty years to the affiant's own person knowledge and.the parties have exercised all the rights of ownership with respect to the first three tracts described herein for the said sixty year. The affiant would further state that Joel Hamlett and Joel P. Hamlett are one and the same person. That Bessie Hamlett is the same person as Elizabeth Hamlett Gillispie. Affiant would further state that ho is not related to any at the these parties and has no interest in these matters. |
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Sworn to and subscribed before me,
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State of Tennessee Personally appeared before me, the undersigned authority, J. B. Jones, who makes oath in due form of law that he is now 50 years of age and that he is well acquainted with John C. Trice and his heirs. John C. Trice died intestate in Chester County, Tennessee about 1893, leaving the following names heirs: (1) W. C. Trice, a son, [2] Mrs. F. E. Hamlett, a daughter, who intermarried the first time with William Kirk and the last time with J. F. Hamlett, (3) John H. Trice, a son who was killed before the war leaving as his only heir a son John H. Trice, and (4) Demarius Trice a daughter who intermarried with Jarman Howard, she died leaving as her heir a daughter, Lizzie Howard who intermarried with Neal F. Anderson. Affiant would further state that he knew the lands that John C. Trice owned at the time of his death, and that he had occupied them as a home since before the Civil War, according to affiant's information. Affiant would further state that he has no interest in these matters and is not related to any of the parties. |
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Sworn to and suscribed before me
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State of Tennessee Personally appeared before me, the undersigned authority, G. W. Smith who makes oath in due form of law that he knows and has been well acquainted with the farm of W. L. Smith located in the 2nd Civil District of Chester County, Tennessee for about fifty years. That the said W. L. Smith acquired title to these lands from the following sources. (1) A decree from the Chancery Court of Chester County, Tennessee in the came of W. L. Hamlett et als. vs. Fannie Maude Kirk entered in Minute Book No. 4 page 309 et seq of said Chancery Court. This decree is of record in Deed Book No. 18 page 215 in the Register 's office, Chester County, Tennessee. (2) A deed from Joel Pierce of record in Deed Book No. 23 page 248 in the Register's Office of Chester County, Tennessee. (3) A deed from C. H. Brewer recorded in Deed Book No. 23 page 247 in said Register's Office andl (4) a deed from Wiley Benson recorded in Deed look No. 23 page 513 in said Register's Office. The affiant is familiar with the calls and objects called for in said deed and the boundaries to the same. That the calls in the caption of the abstract submitted by W. L. Smith to the |
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Federal Land Dank of Louisville is made up from the above mentioned lands and said calls do not include any other lands. Affiant knows these facts of his own personal knowledge, that he has owned lands adjoining theme lands for more than forty years. Affiant would further state that W. L. Smith and those through and under whom he claims title have bee in open, adverse, exclusive, uninterrupted possession of these lands for more than fifty years last past. Affiant further states that he is not related to W. L. Smith and has no interest in the matters. |
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Sworn to and subscribed before me
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1. KIND OF INSTRUMENT |
7. GRANTORS |
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2. DATE |
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3. CONSIDERATION |
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4. ACKNOWLEDGMENT |
8. GRANTEES |
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5. RECORDED |
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6. DESCRIPTION IN FULL AND REMARKS Lying and being in the second civil district of Chester County, Tennessee and bounded as follows, Viz: 1st Tract: Containing by estimation 557-1/2 acres. begins on a stake, the southeast corner of Richard Smith's; thence north 125 poles to a stake in Jeremiah Crook's field; thence west 25 poles to a stake, chestnut tree and red oak pointers; thence west 10 degrees north 112 poles to a stake in the road; thence north 45 degrees west 76 poles to a stake in road; thence north 35 degrees west 66 poles to a hickory stump at the mouth of the lane; thence south 68 poles to a stake at the fence; thence west 75 poles to a stake and post oak pointers; thence south 265 poles to a post oak; thence east 19 degrees south 64 poles to a stump and white oak pointers; thence due east 30 poles to a red oak; thence south 80-1/2 poles to a poplar |
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on the south side of Jacks Creek; thence east 165 poles to a hickory and chestnut pointers; thence north 180 poles to a stake and white oak pointers; thence east 12 poles to a spanish oak and dogwood pointers; thence north 38 poles to a stump in the field; thence east 82 poles to the beginning, including and excluding about one and one half acres set aside for a grave yard. Second tract: Containing 18 acres, more or less, and bounded as follows: Beginning at a stake; two red oak and hickory pointers, at the south east corner of a tract of land conveyed by Mary Crook to J. H. Reid, Jr., thence west 72 poles to a stake, two black oak and spanish oak pointers; thence south 40 poles to a post oak and four black oak pointers; thence east 73 poles to a stake near a fence, a field belonging to J. F. Hamlett; thence north 40 poles to the beginning. Third Tract: Beginning at a stake on the south line of J. F. Hamlett's tract 12 poles from the corner of said tract, and the land of Jere Barham, Col.; thence north 38 poles to a stake in the field, poplar pointers; thence east 88 poles to the corner of the J. B. Hurt tract, white oak pointer; thence south with said tract 39 poles to a corner in the swamp in Jacks Creek bottom; thence 88 poles west to the beginning, containing 18 acres, more or less. |
NOTE: On the page (now missing) preceding the one below the identity of Florina Trice Hamlett was established; that her father had left her a life-time interest in the land he conveyed to her in 1861; that at her death, the land was to descend to her LIVING heirs, i.e. children, only.
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(2) that at the time of her death, she left only two children surviving, viz. the plaintiffs J. E. Hamlett and his sister, Mrs. Elizabeth Hamlett Gillispie and it further appearing to the Court that by said deed of gift from John C. Trice the said Florina E. Kirk, afterwards Hamlett, only acquiring a life estate in said realty, and that to after death she had no interest therein which she could will or otherwise dispose of and that under the provisions of said deed, the remainder interest in said estate was to the living bodily heirs of Florina E. Kirk, afterwards Hamlett as a class, and that of her said children, J. E. Hamlett and Elizabeth Hamlett Gillispie, that upon the death of their mother Florina K. Hamlett under the said deed from John C. Trice, become seized in fee simple as tenants in common of said tract of land and that the defendant, Fannie Maude Kirk acquired no interest whatever in said real estate either as heir at law of her father, John Kirk who died prior to the death of his mother, Florina E. Kirk, afterwards Hamlett, or under the will of her grandmother, Florina E. Hamlett who had no interest in said realty except a life estate which terminated at her death and that the said defendant, Fannie Maude Kirk has no legal interest in said real estate, it is so ordered, adjudged and decreed. And it further appearing to the satisifaction of the court that on the 22nd of July 1908, as shown by exhibit D to the bill that the complainants herein, J. E. Hamlett and Wife, Mary Sways Hamlett and Elizabetk Hamlett Gillispie in conjunction with her husband, J. B. Gillispie did contract and agree to sell to the complainant, W. L. Smith, the tract of land herein above described acquired by them under the deed of John C. Tries as aforesaid at and for the sum of $6940.00 as well also two other tracts of land mentioned and described in the bill as follows: - Lying and being in the 2nd Civil District of Chester County, Tennessee and by metes and bounds described as follous, viz, Second Tract, containing 15 acre more or less, and bounded as follows, beginning at a stake, two red oak and hickory pointers at the southeast cor- |
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ner of a tract of land conveyed by Mary Crook to J. R. Reid, Jr. thence West 72 poles to a stake two black oak and Spanish oak pointers, thence south 40 poles to a postoak and four black oak pointers, thence east 72 poles to a stake near a fence, a field belonging to J. F. Hamlett, thence north 40 poles to the beginning. Third tract, beginning at a stake on the south line of J. F. Hamlett's tract, 12 poles from the corner of the tract and the lands of Jerry Barham (Col) thence north 18 poles to a stake in he field, popular pointers, thence east 68 poles to the corner of J. M. Hart tract, whiteoak pointers, thence south with said tract 35 poles to a corner in the swamp in Jacks Creek bottom, thence west 65 poles to the beginning, containing 16 acres more or less at and for the sum of $560.00, said two last named tracts being owned as tenants in common by the said J. E. Hamlett and Sister, Elizabeth Hamlett Gillispie, acquired by them as heirs at law of their father, Joel Hamlett, deceased, making a total consideration of $7,500, agreed to be paid by the complainant, W. L. Smith for the said three tracts of land, laid total consideration according to the contract of the parties aforesaid to be paid by the said W. L. Smith as follows: $1,000 in cash and the remainder in 6 installments and bearing interest from July 22, 1908, the first installment to be $1000 due 60 days from July 22, 1908, the second installment to be $500 due Jan. 1, 1909, and four succeeding installments to be in the sums $1250 each, due Jan. 1, 1910, 1911, 1912, and 1913, respectively. The interest accruing on the described payments to be paid annually and a lien to be retained on said realty to secure the due payment of deferred installments of the purchase price. And it further appearing to the satisfaction of the Court that after said trade was made, a question arose between the said complainant J. E. Hamlett and Elizabeth Gillispie as sellers and the said W. L. Smith as purchaser relative to the title and interest acquired by the said sellers under the deed of the said John C. Trice and in order to make certain the title to said W. L. Smith was to acquire and to set at rest any supposed claim which time said Fannie Maude Kirk might make in and to said realty or any part thereof, upon reaching her majority, it was a greed by and between said parties as well as all the other parties names as complainants to the bill in this cause, except Farmers & Merchants Bank of Henderson, that a bill should be filed in the Chancery Court for Chester County, Tennessee, reciting the facts and have the Court determine the interest if any, which the said Fannie Maude Kirk might have in and to said realty, described in the dead from John C |
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(3) Trice and to ratify and confirm the sale made by the said parties to the said W. L. Smith of said several tracts of land, it being agreed that the complainant Farmers & Merchants Bank of Henderson should hold the cash money paid by said W. L. Smith and be the designated depository for the collection and disbursement of same as well as all the other payments an expressed in the written contract exhibit D to the bill in this cause, and it further appearing, to the Court that the said W. L. Smith pursuant to said agreement of purchase and sale has made the following payments now held by the Farmers & Merchants Bank of Henderson, Tennessee, to wit, July 22, 1908, $1000, July 29, 1908, cash $1000, December 24, 1908, cash $300, Jan 2, 1909 cash $212.50, total $2512.50, which said sum is now held by complainant, Farmers & Merchants Bank subject to the said agreement of the parties and the order of the Court, and it further appearing to the satisfaction of the Court from said contract, exhibit B to the bill and the statement of their Solicitor in open Court that the complainant, Joel E. Hamlett and his sister Elizabeth.Hamlett Gillispie in conjunction with their respective spouses have voluntarily agreed to give to the said Fannie Maude Kirk, to be paid to Mrs. Susie Kirk the regular guardian of the said Fannie Maude Kirk, one third of the net amount received by them under said contract of sale, arising from the tract acquired under the deed of John C. Trice (which in the contract of sale was valued at $8940) less the cost of $100 paid as expenses incident to the staking of said sale and also less the expenses incident to the filing of the bill in this cause, to construe the deed of John C. Trice and have ratification of said sale including in such costs the attorney's fees incurred by complainants in this suit. And it appearing to the satisfaction of the Court that all the parties in interest are over the age of 21 years except "the defendant Fannie Maude Kirk and that she has no interest in any of said real estate and no interest in the funds arising from the sale thereof to the complainant, W. L. Smith except such as in voluntarily agreed to be given to her by the said J. E. Hamlett and Elizabeth Hamlett Gillispie, as aforesaid. It is therefore, ordered, adjudged and decreed by the Court that the said sale to. W. L. Smith as expressed in Exhibit B to the bill and in the bill itself, and an herein before recited in this decree, be and the same is hereby ratified and confirmed and that all the right, title and interest and estate in and to the three tracts of land above described of all the parties to this suit except W. L. Smith, be and the same is hereby divested out of them and each of them and vested in the said W. L. Smith, subject above to vendor lien to secure the unpaid purchase price under the terms of said contract of sale, which said lien is hereby declared to exist on said realty as a whole. |
(Page 51)
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The balance of the decree except the last paragraph relates relates solely to the distribution of the funds, payment of costs etc. The last paragraph of the decree is as follows: And it further appearing to the Court that this is a proper case to be retained in Court to await the further collection by the Farmers & Merchants Bank of Henderson, Tennessee of the unpaid purchase price of the property decreed to W. L. Smith herein, upon such a lien is retained and for the purpose of preserving the rights of the parties to this suit, it is further ordered by the Court that all matters not herein before adjudged ere reserved and this cause is continued until the next tem of the Court. And thereupon Court adjourned to Court in course. |
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E. L. Bullock |
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The certificate to the decree on record in Deed Book No. 18, page 215 and following, in the Register's Office, Chester County, Tennessee is as follows:- |
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(4) State of Tenuessee I, E. A. McCann, Clerk & Master, of the Chancery Court of Chester County, Tennessee, hereby certify that the above and foregoing, is a true and correct copy of the decree entered in this cause, bein No. 588, divesting title out of J. E. Hamlett, et als in axi to the lands described in this cause and vesting the same in W. L. Smith, as appears of record in Minure Book No. 4, at page. 370, 380, 381, 382, 383, and 384, and 385 in my office and that C. M. Williams, Cashier of the Farmers & Merchants Bank of Henderson, Tennessee, named n the bill in this cause as the depository for the collection of the purchase money, came in open Court and stated to the Court that all of the purchase money notes as described in this decree with interest thereon, had been paid in full. Witness my hand and seal of office at office in Henderson, Tennessee April 25, 1913. |
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(signed) E. A. McCann |
Map Accompanying the Land Bank Loan Application
Larger Image available
For more information about this farm, see Hamlett-Smith Home.
Other works by Jonathan K. T. Smith can be found at the Madison County Records Repository at TNGenWeb.
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