Haywood County Court Minutes September Term 1865
PAGE 39; SEPTEMBER TERM 1865
Henry S. MOODY guardian of A. V. & E. A. M. MIDYETT vs Thomas E. NOEL Admr. of P. C. MIDYETT In this case, it is ordered by the Court that the petition be dismissed and the petitioner pay the cost of this case.
PAGE 40; SEPTEMBER TERM 1865
John CLARK Admr. of Wm. M. PERMENTER On motion, John CLARK was this day appointed administrator of the estate of William M. PERMENTER, deceased. Whereupon, the said John CLARK came into Court, was duly qualified, entered into and acknowledged his Bond in the sum of seven hundred dollars, with his securities, William EVANS and James A. BOWLING.
PAGE 41; September Term 1865
W. R. JOHNSON; C. R. JOHNSON; Nancy F. J. CASTELOW; Zachariah T. JOHNSON Sally SANDERS; Annie E. WHITAKER and her husband, L. D. ; Peggy CASTELLOW and her husband, John. vs Adeline MIDYETT & her husband, Milton MIDYETT Louisa JOHNSON by her Guardian Be it remembered that this cause came on for hearing on the 4th day of September 1865, before the Worshipful County Court, for the County of Haywood in the State of Tennessee. Upon the report of the Commissioners given in this case by said Court, which report is in the following words and figures to wit: The undersigned Commissioners, appointed at the August Term 1865, of the County Court of Haywood County, State of Tennessee, to divide the lands belonging to the heirs of C. R. JOHNSON, dec’d, among the parties entitled to the same, having met upon the premises, and being wholly disinterested, have made the division according to the order of the said Court and beg leave to offer the following report as theirs.
We have valued the whole landed estate, including the advancments to W. R. JOPHNSON and Adeline MIDYETT at 121828 4/7 dollars (this is the way the amount was written), which divided by nine, the number of heirs, makes each share 1314 2/7 dollars (again no other marks) In accordance with the order, we have set apart to the said Ann WHITAKER, two shares together and bounded as follows: Beginning at the northeast corner of the 50 acre tract mentioned in the order and running thence south 74 degrees West 96 poles to a stake in the forks of the road, thence South 11 degrees east 86 poles to a stake in the Dyersburg and Jackson road, with a peach tree pointer-thence due south 146 poles to a hickory with two black oaks, a hickory and popular pointers in the north boundary of 500 acres belonging to Willis W. WHITAKER-Thence east 5 degrees north 76 poles to a large black oak-Thence north 251 poles to the beginning, containing 120 acres, valued by us at $2628. 27 or two ninths of the value of landed estate.
We have alloted to Mrs. Sally SANDERS, 65 acres, designated as Lot #3- Beginning at the northeast corner of the KING tract, now owned by Richard GREGORY, at a stake(pg 42) in what is called the new Frog Jump road-running thence south with the east boundrey of the same 115 2/3 poles to a stake- Thence east 103 poles to a stake in the Brownsville and Dyersburg road- Thence north 11 degrees west 118 1/4 poles to a stake in the aforesaid Frog Jump road- Thence west with said road 80 poles to the beginning; this survey includes the one acre given by C. R. JOHNSON to Johnson’s Grove Church, but is excluded fron the amount given to the said Sally SANDERS, her part being 65 acres, independant of the Church lot, this share is valued at $1300 and is entitled to receive $14. 28 from W. R. JOHNSON.
We have alloted to Louisa JOHNSON, a minor, the 100 acres known as the NORMAN tract, which being entirely detached from all the other lands belonging to the estate, we have necessarily been compelled to put into one share, bounded as follows: Beginning at a large black oak, the southwest corner of the FOULKNER tract, now owned by a Richard GREGORY-running thence north 29 poles to a stake (maybe 99 poles), with maple and red oak pointers-Thence west 162 poles to an elm, with oak and two maple pointers- Thence south 99 poles to a gum with two maple pointers- Thence east 102 poles to the beginning, valued at $1800, which is in excess of $485. 72 over the value of one share, which amount the guardian of Louisa JOHNSON, will pay to Mrs. Adeline MIDYETT-this lot in our division is designated as Lot #4.
We have allotted to Zachariah T. JOHNSON lot #5, beginning at the southwest corner of Lot #3- running thence south 65 poles to the southeast corner of the old KING tract, to a stake with white oak, poplar and gum pointers- thence west 17 poles to the northeast corner of Wm. R. JOHNSON’s 150 acre tract, a stake with hickory and white oak pointers- thence south 229 poles to a stake with gum, ash and dogwood pointers-thence east 46 poles to a stake ????, then north 294 poles to a stake-thence west 29 poles to the beginning, containing 77 acres, valued at $1350, which is $35. 72 in axcess of one share, which amount the guardian of said Zacharah T. JOHNSON will pay over to Mrs. Adeline MIDYETT, or her representative.
We have allotted #6 to Peggy CASTELLOW, wife of John-bounded as follows: Beginning at the southwest corner of lot #5, a stake with pointers-running thence northeast 42 poles toa stake in the field-thence west 42 poles to a stake in the field-thence west 42 poles to the northeast corner of lot #5, belonging (pg43) to Z. T. JOHNSON, thence south 294 poles to the beginning, containing 77 acres and valued at $1350, which is an excess over one share of $35. 72, which amount the said Peggy and her husband, John will pay to Adeline Midyett or her respresentative.
We have allotted to Nancy, which has intermarried since the last term of the County Court with T. J. CASTELLOW, Jr. , Lot #7-Bounded as follows: Beginning at the southwest corner of lot #6, running thence north 294 poles to a stake, thence east 32 poles to a stake in the Brownsville and Dyersburg road- thence with said road south 11 degrees east 60 3/4 poles to a stake in the corner of the lots #1 and #2 allotted to Ann WHITAKER-thence south with the wesy boundary of the same 146 poles, to the southwest corner of the said Ann WHITAKER’s lots-thence west–?? poles to the corner of W. W. WHITAKER’s 50 acre tract-thence south with the west boundary of the same 90 poles to the original southeast corner of the RAYNER tract-thence west 46 poles to the beginning, containing 77 acres, valued at $1350, which is an excess of one share 0f #35. 72, which the said Nancy and her husband will pay to Adeline MIDYETT. In accordance with the order of the Court, we have taken proof which is here submitted, of the difference between a life estate and an estate in fee simple, or absolutely and have estimated the life estate of W. R. JOHNSON in the 150 acres given to him by his father, $1350, which being in excess of one share, $35. 72, the said William will pay Adeline MIDYETT $21. 44 and $14. 28 to Sally SANDERS.
We have also, after taking proof, taken into consideration, the difference between the life estate of said Adeline MIDYETT and an estate in fee simple and after deducting the $500 paid by her husband towards the 101 1/2 acres given by J. R. JOHNSON, Sr. , to the said Adeline and known as the FARMER tract, estimate her life estate to be worth $700, which is short of one share $614. 28, we have ordered that this amountshall be paid by the Legatees, who have an excess over their shares as follows: W. R. JOHNSON, guardian of Louisa $485. 73 Zack T. JOHNSON, or his guardian $ 35. 72 Wm. R. JOHNSON on his own excess $ 21. 44 Peggy CASTELLOW & her husband $ 35. 72 Nancy CASTELLOW & her husband $ 35. 72 —————$614. 30 All of which is respectfully submitted, after having been duly qualified, this — September 1865. P. M. NEAL I. T. CRICHLOW Calvin BEST W. H. MITCHELL R. L. THOMAS –one of Commissioners and also Surveyor- -Commissioners served each four days. (pg 44) And there being no exceptions to said report, It is ordered by the Court, that the same be in all things affirmed, and It is further ordered, that all the right and the title, which the above heirs/ except the said Ann E. WHITAKER and her husband have in and to Lots #1 & #2, be divested out of all the other Heirs and vested in the said Ann E. WHITAKER.
It is further ordered that all the right and title which all of the said Heirs, except Sally SANDERS, have in and to Lot #3, be and the same is hereby divested out of them and vested in the said Sally SANDERS. It is further ordered that all the right and title, which all of the said Heirs, except Louisa JOHNSON, have in and to Lot #4, be divested out of them and vested in the said Louisa, and that she by her guardian, will pay to Adeline MIDYETT Fout hundred and eighty-five & 72/100 dollars.
It is further ordered that all right and title, which all of said Heirs, except Zachariah T. JOHNSON have in Lot #5, be divested out of them and vested in the said Zach. T. JOHNSON, who is ordered to pay Adeline MIDYETT $35. 72. It is further ordered that all the rights and title, which all the said Heirs, exceptPeggy CASTELLOW, have in and to Lot #6, be divested out of them and vested in the said Peggy, who with her husband, is ordered to pay to Adeline MIDYETT $35. 72.
It is further ordered that all the right and title, which all the said Heirs, except Nancy CASTELLOW, have in and to Lot #7, be divested out of them and vested in the said Nancy, who with her said husband, is ordered to pay Adeline MIDYETT $35. 72 dollars.
It is further ordered that the said Wm. JOHNSON hold the land given to him by his father, according to the deed from his father, and that he pay to the said Adeline MIDYETT $21. 44 dollars, and that he also pay to Sally SANDERS $14. 28 dollars.
It is also ordered that the said Adeline MIDYETT hold the 101 1/2 acres given to her by her father, according to the terms of the deed from him to her, herself and that she is to receive from Louisa JOHNSON, by her guardian, four hundred and eighty five &72/100 dollars, —from W. R. JOHNSON, twenty one 44/100 dollars—from Zach T. JOHNSON, or his guardian, twenty five & 72/ dollars—from Peggy CASTELLOW & her husband, thirty five 72/dollars— from Nancy CASTELLOW & her husband, thirty five 72. dollars. (pg 45) It is ordered by the Court that the Commissioners receive each $20 and that the said R. S. THOMAS receive the further sum of $15, as surveyor, besides his $20 as Commissioner.
it is further ordered that the Sol. SHOTHER & Bond receive one hundred dollars and that the said David WHITAKER, as Administrator of the said C. R. JOHNSON, deceased, pay all the costs of this suit, including the clerks and sheriff.
PAGE 46; September Term 1865
STATE of TENNESSEE HAYWOOD COUNTY On motion, N. L. MIDYETT was this day appointed guardian to Luiza J. HOWELL, Mary C. EDWARDS & David H. EDWARDS. Whereupon, the said N. L. MIDYETT came into Court, entered into and acknowledged his Bond in the sum of One thousand dollars, with Wm. EVANS and A. A. FREEMAN as his securities, who severally acknowledged said Bond in Open Court. Which Bond was approved by the Court and ordered to be recorded.
PAGE 46; September Term 1865
Lucy A. MIDYETT vs Virginia A. MIDYETT et al The Commissioners appointed at the last Term of the Court to assign to the Plaintiff her dower in the estate of P. C. MIDYETT, deceased, return the following report. The undersigned Commissioners at the last term of Court, do alot to Lucy A. MIDYETT, her dower out of the real estate of her deceased husband, P. C. MIDYETT, being sworn, do assign her the following land, lying in Haywood County, and bounded as follows: Beginning at the northwest corner of the tract, purchased by the deceased, of H. A. PARTEE-running thence south seventy five poles to a stake with gum, ashe and dogwood pointers-Thence east one hundred and ninety-nine poles, to a stake with pointers-Thence north 75 poles to the northeast corner of the aforesaid tract of land-Thence west 199 poles to the beginning, containing 93 acres, including the family mansion and out building, which we consider one third in the value of the real estate of said P. C. MIDYETT, deceased. Given under our hands and seals (pg47) this, the 20th day September 1865 Howell BRANCH (seal) T. E. CRUTCHFIELD (seal) Robert JENNINGS (seal) R. L. THOMAS surveyor Which report is in all things confirmed, and the Administrator pay the costs to wit: $5. 00 to the surveyor, $2. 00 each to Commissioners. Attorneys fee: $25