Estate of J. C. Sullivan (1865)
Transcribed by Sarah Midyett Hutcherson in November, 2000. Note: [sic] in the content below was inserted by the Haywood County TNGenWeb Coordinator when revising the text in January, 2026.
Source: Haywood Co., TN. Court Minutes; Vol. I
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Page 10: February Term 1865: E. R. Midyett Admr. of J. C. Sullivan on motion, E. R. Midyett was this day appointed administrator of the estate of J. C. Sullivan, deceased. Thereupon the said E. R. Midyett came into open Court, was duly qualified and entered into and acknowledged his bond in the sum of one thousand dollars, with Thomas H. Newborn and Thomas E. Noel as his securities, who severally acknowledge said bond in open Court, which bond is approved by the Court and ordered to be recorded and ordered that letters of administration issue to E. R. Midyett.
Page 10: February Term 1865: Hugh M. Clark T. W. Batchelor & A. Rose Ordered by the Court that H. M. Clark, T. W. Batchelor and A. Rose be appointed Commissioners to lay off and set apart to the widow and children under fifteen years of age, of J. C. Sullivan, deceased, their years allowance out of the estate of said deceased and report on oath to the next term of the court.
Page 384: Monday 3 June 1867: E. R. Midyitt, Admr. of John Sullivan Ordered by the Court that the Administrator have the farther time of three months for final settlement of said estate.
Page 414: Tuesday 3 September 1867: Ordered by the Court that E. R. Midjett [sic], be allowed further time to settle up the Estate of J. C. Sullivan, deceased.
Source: Haywood Co., TN. Court Minutes; Vol. J
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Page 215: 7th March 1870: Ordered by the Court that Clerk & Master make citation to E. R. Midyett, as administrator of J. C. Sullivan, deceased, to appear on the 3rd Monday in March 1870, at the office of said Clerk and Master, in the town of Brownsville, in Haywood County, for the purpose of rendering an account of his administration of the personal estate of the said J. C. Sullivan, and make settlement of same with said Clerk.
Page 250: 6th April 1870: The settlement of E. R. Midyett, administrator of the estate of J. C. Sullivan, was this day, satisfied and confirmed by the Court, and ordered to be recorded.
Page 358: 10th November 1870: The final settlement of E. R. Midyett, administrator of the estate of J. C. Sullivan, dec’d, was this day ratified and confirmed by the Court and ordered to be recorded.
Page 405: 4th January 1871: E. R. Midyett Administrator of J. C. Sullivan In the matter of E. R. Midyett, administrator of J. C. Sullivan, deceased, The insolvency of above estate has been heretofore duly suggested, and proven to this Court, and it appearing from the account of the said Midyett, as Administrator& C, stated and taken before the Clerk of this Court, on the 24th day of October 1870, as appears on Page 18 of Book of Administrations & Settlements, that the sum of $323.04 has come into his hands, as such Administrator and there being no objections to said reported account, it is ordered that the same be confirmed, and that the Clerk make distribution among the Creditors of said amount.
Page 450: Tuesday 7th March 1871: James Farris vs Virginia E. Farris et al In this cause, it appearing to the Court that publication in the Brownsville Bee newspaper, published in the town of Brownsville, Haywood County, as to the defendant, E. R. Midyett, Admr., of J. C. Sullivan, deceased, now resident of the State of Arkansas, had been made for four successive weeks, before the February Term 1871, of this Court, commanding him to appear and plead, answer or demur to the Bill or Petition herein filed. And it further appearing that he has failed so to do. It is therefore ordered that this cause be taken for confessed as to him and set for hearing and proceed with ExPartee, as to said E. R. Midyett.
Page 455: Tuesday 7th March 1871: James Farris vs Virginia E. Farris James Sullivan Samuel Sullivan & E. R. Midyett, admr. of J. C. Sullivan This day came this cause on to be further heard before the Worshipful County Court of Haywood County, Tennessee, upon Bill answer order pro confesso Exhibits C, And it appearing to the Court that on or about the _ day of April 1861, the said J. C. Sullivan departed this life intestate, and that the said defendants are his legal heirs, and representatives, and at the time of his death, he was largely insolvant, and that there is not a sufficiency of assets to pay off and cancel said indebtness, and it appearing to the Court, that the said J. C. Sullivan died seized and possessed by two certain tracts or parcels of land, situated, lying and being in said County of Haywood, which said lands were sold by decree of the Circuit Court of said County–obtained at the September Term 1866 thereof, with the exceptions of sixty acres of same, which had been laid off and set apart to Sarah Sullivan, widow of said J. C. Sullivan, dec’d, as her dower in said lands, And it further appearing that distribution of the proceeds arising from the sale of said lands have been made by the Clerk of said Circuit Court, among the creditors of the said J. C. Sullivan, dec’d, and that there is a large amount of indebtedness still remaining against said estate, as appears from exhibits herewith filed. And it further appearing that on the _ day of February 1870, the said Sarah Sullivan, widow of the said J. C. Sullivan, dec’d, departed this life and that the aforesaid sixty acres heretofore assigned to her as dower, is now free and unincumbered, and (pg 456) is subject to the payment of the remaining indebtedness of said Estate. It is therefore ordered, adjudged and decreed by this Court, that the Clerk of this Court proceed to sell to the highest bidder for one half cash, balance in 12 months, in the time, form and manner as required by law;at the Courthouse doors in the town of Brownsville, the above mentioned sixty acres of land and make due his return of his actions in the premises to the next Term of this Court.
Page 482: Wednesday 5th April 1871: James E. Farris vs Virginia E. Farris et al The sale of this property took place, E. R. Midyett was not named in the two pages covering this land and division.
Source: Haywood Co., TN. Court Minutes; Vol. K
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Page 372: 3rd March 1873: Richard Hill et al Creditors of the Estate of J. C. Sullivan vs E. R. Midyett, Admr., of said Estate & Thomas H. Newbern & Thomas E. Noel his securities In this cause, it being apparent to the Court from inspection of the records of said Court, that there is manafest [sic] error in the interloctory [sic] decree or order herein, made at the last term of this Court to wit: that on the 28th day of March 1870, the aforesaid administrator did make an Inventory or account of sales of the personal effects belonging to said estate from which said Inventory, it appeared that the sum of $731.41 was in his hands, due the creditors of said estate, and subject to the orders of this Court. And it appearing to the Court by reference to page 18 of the Book wherein is filed and preserved the accounts, inventories and settlements of deceased Estate, that the said E. R. Midyett, as Administrator of said Estate, did on the 24th day of October 1870 make other and further settlements and statements, it doth appear that the sum of $343.04 only were in his hands, now due, and subject as above mentioned. It is therefore ordered and decreed that the aforesaid Interlocutory order or decree be altered and amended in this particular item, and that the Clerk of this Court ascertain the amount due each undivided creditor of the said Estate out of the said sum of $323.04, with interest from said dates and report his action to the next Term of this Court.
Page 393: Tuesday 8th April 1873: Richard Hill et al vs E. R. Midyett, Admr., & et al In this cause, it appearing to the Court that the Clerk is unable to make his report, in complyance [sic] with an order herein obtained, At the last Term of this Court, it is therefore ordered that the same be continued to the next Term of this Court, and the Clerk be allowed till that time to make his report as herein, before ordered and decreed.
