PAGE 30; AUGUST TERM 1865

Thomas N. SKELTON Exr. of Francis R. SKELTON, dec’d A paper writing purporting to be the last will and testament of Francis R. SKELTON, dec’d ; was this day produced in open Court.  Witnesses: Mary F.  NOEL and D. H.  THOMAS Executor: Thomas N.  SKELTON Bondsman: H. S. MOODY & D. H.  THOMAS

PAGE 34; AUGUST TERM 1865

David WHITAKER admr. of Charles R. JOHNSON Ann E. WHITAKER & her husband,   L. D. WHITAKER Charles R. JOHNSON, Jr.  Peggy CASTELLOW & her husband, Jno.  CASTELLOW Sally SANDERS Nancy JOHNSON vs Adeline MIDYETT & her husband, Milton MIDYETT Wm. R. JOHNSON & Zack J. JOHNSON & Louisa JOHNSON, by their guardian;J. F.  WORTHAM Be it remembered that this cause came on to be heard on the 8th day of August 1865, before the Worshipful County Court for said County of Haywood, on the petition answers of all defendants by themselves or guardians, upon exhibits of proff in the cause and it appearing to the Court that in April 1864,  C. R.  JOHNSON departed this life intestate, in said county, leaving no widow, but the following children: the said Wm. R. and C. R.  JOHNSON; Ann E. , who has intermarried with the said L. D.  WHITAKER; Peggy, who has intermarried with the said Jno. CASTELOW; Sallie SANDERS, whose husband is dead; Adeline, who has intermarried with the said Milton MIDYETT; Nancy,  Zack T. , and Louisa, the last two being minors, J. F. WORTHAM, guardian of the said Zack T.  and William JOHNSON, guardian of said Lousia, both appointed by the said County Court;it further appearing to the Court that said C. R.   JOHNSON had died seized and possessed of the tracts of land in the pleadings mentioned and that he had given his son, William, one hundred and fifty acres for the life of him, said William and that the said intestate had given to his daughter, Adaline, one hundred and one half acres for her life; and it also appearing to the Court, that the said Milton MIDYETT has paid five hundred dollars, part of the purchase money of the tract, one hundred and one half acres given to the said Adeline; It further appearing to (pg 35) the Court that said David had at the May term of this Court, been appointed Administrator of the estate of the said Charles R.  JOHNSON and that no part of any of the said lands which the said Charles R. JOHNSON died seized and possessed, are needed for the payment of his debts, and that said lands can be divided between the heirs above mentioned. It further appearing to the Court that the said Charles R.  JOHNSON, had sold and transfered his interest in said land to his sister, the said Ann E. WHITAKER, the premises considered your petitioners pray that your Worships will appoint Calvin BEST; I. E. CRICHLOW; T. M. NEAL; J. B. PATTERSON; Wm. MITCHELL and R. L. THOMAS,  commissioners, to divide the said land between the heirs of the said Charles R. JOHNSON, the said William JOHNSON to account for lands at what the land was worth at the time given. The Commissioners to ascertain and decide what is the difference of an estate for life and one in fee, and charge the said William with the land advanced to him as a life estate, and that said Commissioners ascertain the value of the land, advanced and given to the said Adaline at the time it was given, deducting the five hundred dollars paid by the said Milton MIDYETT, and charging the said Adaline with the balance of the estate as a life estate, and not charging her as much as an estate in fee, and to ascertain the value of the land, the said Commissioners have power to call before them, witnesses ans examine them as to the value of said lands, any three of said named Commissioners may all in the premises, and report to the next term of this Court. If the Commissioners are satisfied that exact petition cannot be made without material injury to the parties or someone of them, they may make the petition as nearly equal as they can and charge the larger shares with the sum necessary to equalize all the shares and report the facts. The said Commissioners to set apart the share of the said Ann E.  WHITAKER, and that conveyed to her by her brother, the said Charles R.  JOHNSON, together if practiable and further, that the Clerk ascertain what amounts should be allowed the attorneys for their services in this case and report the same to the Court at its next term.

PAGE 35; AUGUST TERM 1865

Lucy A. MIDYETT vs Virginia A. MIDYETT & et als On petition of the Plaintiff, it appearing that P. C.  MIDYETT died on ___day of November 1864, seized in fee, of a tract of land (pg 36) of two hundred and eighty seven acres, lying and being in the County of Haywood, also one other tract, lying and being in the said County, containing twenty eight acres of land, on which he resided at the time of his death, it appearing further that the plaintiff was his lawful wife, and is entitled to dower in said tracts of land, it appearing also that the Plaintiff had given defendants Virginia A. , et als, heirs of said deceased, five days notice of this application, it is therefore ordered by the Court that I. E. CRUTCHLOW; H.  BRANCH; R.  JENNINGS; free holders of said County, be appointed Commissioners in conjunction with R. L.  THOMAS,   Surveyor in said County, to allot and set off to the Plaintiff, the one third value of the said lands for her dower and report to the next term of Court.

PAGE 36; AUGUST TERM 1865 Ordered by the Court that the administrator of the estate of P. C. MIDYETT,  Thomas E. NOEL, appear, at the September Term 1865 of the County Court of Haywood County, to show cause if he has any, why this settlement of the guardianship of P. C. MIDYETT, fot the separate estate of A. V.  and E. M. MIDYETT be not set apiece and also that P. M. NEAL attend as witness as to the hire of negroes.

PAGE 37; AUGUST TERM 1865 Ordered by the Court that Frank WORTHAM; Henry SHERRON; William JOHNSON; Henry MOODY and Milton MIDYETT be and they are hereby appointed a jury of view to examine into and report upon the propriety of the change or altering the Dyersburg and Jackson road as now, or contemplated being near by Richard GREGORY’s at or near his house, beginning at or near MICHELLS & PATERSONS lane, Then running West to the Lanefield & Cherryville crossroads and make their report to the next Quarterly Term of this Court.