Contributed by Denise L. Cozart

Thornton E. Cozart to William H. Marlow
Brothers-in-law
Registered December 20th, 1858
Madison County Deed Book 21, pages 100-101
In 1871 this area became Crockett County

Tennessee State Library & Archives:
Madison County, microfilm roll #11
Transcribed by Denise L. Cozart
July 2002

Background:

This was marked “deed,” but it does not seem that land was involved, rather “money and effects.” The deed referred to Thornton Ellsworth Cozart as a “legatee” of his father Joshua’s last will and testament of 1851. Thornton was about 26 in 1851.

Thornton E. was mentioned in his father’s will in item #9:

Ninthly – I give and bequeath to the heirs of my son William D. Cozart, deceased, viz., Robert W. Cozart, Joshua Cozart, Gilbert Cozart, Newton Cozart, Henderson Cozart and Jasper Cozart. These last mentioned six to be considered as one heir

A. Haywood Cozart and Thornton L. [Ellsworth] Cozart

And as one heir Cintha A. E. Grey and Berry M. Grey

be made equal in this final division of my moneys and effects, including what they each have already received as I have mentioned above.

Thomas Wright was witness to Joshua Cozart’s last will and testament and to Thornton’s 1858 deed below.

T. E.’s mother, Elizabeth Marsh Cozart, had died in 1857. In December her youngest son, Joshua M. Cozart, submitted an inventory of her estate to the county court. Already in 1854 Elizabeth had sold the land she lived on to son Joshua M. Cozart, daughter Mahulda Cozart Marlow and her husband William H. Marlow, who were to divide it “by a north and south line” as specified in Joshua Cozart’s last will and testament.

By 1858 both Cozart parents were dead, and a final settling of their estate was taking place.

Note that the 1858 deed stated “Thornton E. Cozart formerly of the County of Madison and State of Tennessee.” Thornton had moved to Texas some time after the 1852 sale of his land in Madison County to brother Anthony Haywood Cozart. Thornton appeared on the 1860 U.S. Census for Shiloh Post Office, Hunt County, Texas. He died in 1864 of fever while serving in the 15th Texas Calvary in Tyler, Texas, leaving a wife pregnant with twins and four children. He was about 39.

100

T. E. Cozart To
Wm. H. Marlow deed
Reg. Dec. 20th 1858

Know all men by these presents that I Thornton E. Cozart formerly of the County of Madison and State of Tennessee for in consideration of eight hundred dollars to me in hand paid the receipt whereof is hereby acknowledged by W. H. Marlow of the County of Madison and State of Tennessee hath bargained and sold and delivered unto the said W. H. Marlow and his heirs and assigns forever my undivided interest as a legatee to the undivided property of the estate of Joshua Cozart deceased Late of said County of Madison and State aforesaid it being fully described and set forth in the last will and testament of said Joshua Cozart deceased Reference to the said will, will fully show the undivided interest herein conveyed. I hereby transfer the same and every part and parcel thereof to the said W. H. Marlow his heirs and assigns forever for the above named sum of eight hundred dollars and furthermore bind my self my heirs and assigns to defend the title of said interest against the claim or claims of any and all persons whatever to the said W. H. Marlow his heirs and assigns forever In witness whereof I have hereunto set my hand and affix my seal this 26th day of October 1858 assigned & sealed in the presence of

Thos. Wright
Perry C. Wilks

T. E. Cozart seal

State of Tennessee
Madison County

Personally appeared before me Thos. W. Gamewell clerk of the County Court of said County Perry C. Wilks and Thomas Wright the subscribing witnesses to this written conveyance who being first sworn deposed and say that he acknowledged in their presence that he executed said conveyance for the purposes therein contained on the day it bears date.

Witness my hand at office this 20th day of December 1858

Thos. W. Gamewell clerk
By T. C. McCowat D.C. [deputy clerk]

State of Tennessee
Madison County

I Wm. G. Cockerill Register of said County do certify that the foregoing conveyance and clerk’s certificate therein were duly filed in my office this day about 12 O’clock A.M. and noted in Minute Book 4 page 9.

Witness my hand at office this 20th day of December 1858

Wm. G. Cockerill Reg.