transcribed by mailing list members and contributed by Dana Hill (date unknown)

Page (205) cont
December term 1838.
The State of Tennessee.
At a county Court began and held for the Court house in the town of Lewisburg for the County of Marshall on the first Monday in December the same being the 3rd day of the month in the year of our Lord one thousand eight hundred and thirty eight present Thos. WILSON Asa HOLLAND and James V. EWING Gentlemen Justices of the peace proclamation &C.

Silas McCLELLAND Guardian of the minor heirs of James COOPER deceased appeared in open Court and thereupon resigned his Commission as Guardian of said minors. It is therefore ordered by the Court that the said McCLELLAND be released from said appointment and that he us not responsible any further liabilities.

Osburn ROSSON Executor of the last will and testament of Joseph ROSSON deceased appeared in Court and returned an inventory of said estate which was ordered to be recorded.

Osburn ROSSON Executor of the last will and testament of Joseph ROSSON deceased appeared in Court and returned an account of sales of said estate which was ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented an account of a settlement made by him with Silas McCLELLAND as guardian of the minor heirs of James COOPER deceased which was accepted by the Court and was ordered to be recorded.

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December term 1838.
B. F. WHITWORTH administrator E. WHITWORTH deceased appeared in Court and returned an account of sales of said estate which was ordered to be recorded.

It having represented to this Court that Levi PHIFER has died leaving no will and thereupon Benjamin WILLIAMS and John ELLIOTT appeared in open Court and thereupon was appointed administrators of all and singular the goods and chattles rights and credits of said deceased they having given bond in the sum of fifteen hundred dollars with Wm. ARTHURS and James C. RECORD their securities which was accepted by the Court and took the oath prescribed by law.

On motion it is ordered by the Court that David McGAHEY Isaac H. WILLIAMS and Martin W. OAKLEY be appointed commissioners to lay off one years provision for Jane PHIFER widow of Levi PHIFER decd and report to the next term of this Court. Issued.

Martin W. OAKLEY clerk of this Court present to this Court a settlement made by him with Berry MOORE as Guardian of the minor heirs of Jonathan D. BILLS decd for the year 1838 which was accepted by the Court and ordered to be recorded.

William ARTHUR administrator of the e state of Benjamin ARTHUR decd appeared in Court and returned an inventory and account of sales of said estate which was ordered to be recorded.

Ordered by the Court that Allen TALLEY be appointed overseer of the road from taylors Branch to the widow EVANS and that he have the former hands. Issued.

The commissioners appointed at a former term of this Court to lay off one years provision for the widow of Joseph ROSSON deceased reports as follows, to wit:
Pursuant to an order issued from the worshipful the CountyCourt of Marshall County at the October term 1838 to set apart one years provision for the Rebecca ROSSON.

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December term 1838.
Widow of Joseph ROSSON deceased do proceed as follows-
Thirty barrels of Corn fifteen bushels of wheat fourteen hundred pounds of Pork with Lard off the same fifteen dollars worht of sugar and coffee six hundred bundles of fodder and two hundred bundles of oats one half of the Shucks on the farm all the sweet Potatoes and cabbage on the farm twenty five lbs. of picked Cotton a quanity of dried fruits all on hand ten head of hogs say from twelve to nine months old and one sow and pigs say six or eight all of which respectfully submitted October 18th 1838.
G. I. ALLEN, Michael ROBINSON
Which report being seen and by the Court understood was in all things confirmed and made the order of this Court.

Martin W. OAKLEY Clerk of this Court presented an account of a settlement made by him with John ELLISON administrator of all and singular the Goods & chattles rights & credits of James P. ERWIN Decd which report was by the Court in al things confirmed and ordered to be recorded and is in the words and figures following to wit:
“John ELLISON Adm.&C of James P. ERWIN Decd.
To amount of assets &c $738.89 ½
Credits
By vouchers exhibited of moneys paid he retaining them in his possession $336.86 ½
____________
Leaving a balance on his hands of $404.04

Cary A. DYSART Elected Constable for District No.6 appeared in Court and Executed his bond in the words and figure following to wit:
State of Tennessee Marshall County. Know all men by these presence that we Cary A. DYSART, James P. DYSART and Alexander DYSART all of the said County are held and firmly bound unto Newton CANNON govorner of the State of Tennessee or his successors in office in the sum of Four thousand dollars for the payment of which sum well and truly to be made we bind ourselves jointly and severly formly by these presence sealed with our seals and dated this 3rd day December 1838.

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The condition of the above obligation is such that where as the above bound Cary A. DYSART hath been elected constable int eh 6th District of the County of Marshall and hath this day been duly qualified as such therefore if the said Cary A. DYSART shall well and truly execute all and every return make upon all and every process which may come into his hands as Constable as aforesaid and faithfully pay over and account for all moneys collected by him as such to whomsoever may be legally authorized to receive the same and to do and preform all such duties as are required by law on him as Constable then this obligation to be void otherwise to remain in full force and effect.
Test: M. W. OAKLEY Clk. Cary A. DYSART (seal)
James P. DYSART (seal)
Alexander DYSART (seal)
Which was accepted by the Court he takeing the several oaths prescribed by law.

On motion it is ordered by the Court that Joseph WALLACE be appointed overseer of the old Shelbyville road commenceing at the old Maury line and terminating at RAINEYS store and that he have the hands in the following bounds, to wit:
Commenceing at the mouth of Caney Spring Creek to said road thence to and taking in the hands of A. VENABLE thence to and leaving out the hands of J. W. A. CATHEY thence west and takeing line thence west with said line to the river, thence up said river to the mouth of said Creek the beginning. Issued.

David YANCY administrator of the estate of Washington D. MEDEARIS decd appeared in Court and returned an inventory of the estate of said dec which was ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court a settlement made by him with James H. PARK guardian of the minor heirs of Isaac PARK decd for the year 1838 which was accepted by him by the Court and ordered to be recorded.

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December term 1838.
William COWDEN appeared in open Court and was thereupon appointed guardian of Eldredge P. Franklin H. Albert G. Wm. B. And George F. COOPER minor orphans of James COOPER decd he given bond with James H. PARK and Silas McCLELLAND his securities which was accepted by the Court.

A paper writing purporting to be the last will and testament of Nathaniel SMITH late of Marshall County deceased was this day presented in open Court for probate by Mary SMITH Executrix therein named. And the validity of said paper writing contested as the last will and testament of the said Nathaniel SMITH decd by John WEBB and his wife heirs at law of the said Nathaniel SMITH deceased and the said parties contesting having given bond and security, agreeably to law. It is therefore ordered by the court that those facts be certified to the next circuit Court to be holden for the County of Marshall and that the clerk of the said Circuit Court file with the clerk of tje said Circuit Court the original paper filed and offered for probate as aforesaid with a copy of said proceedings.

On motion it is ordered by the Court that Joseph BRITTAIN John P. BRUCE, Losson H. RICKMAN, John RICKMAN Sr. James F. WARREN and John SHUFFIELD be appointed a jury of View to ch change a part of the Nashville and Huntsville road near Zacheas MINTONS plantation taking into consideration the good of the public and that of individuals and report thereon to the next term of this Court. Issued.

Samuel HALL, Washington HUNTERM Harris MALDEN, William NORWOOD, Joseph NICHOLS all of the County of Marshall appeared in open Court and Executed their bond for one thousand dollars payable to the chairman of said County Court with Wm. COWDEN their securities and was thereupon apointed commissioners for the school land in district No.3 in said County and took the oath prescribed by law.

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December Term 1838.
On motion it is ordered by the Court that Thos, BRENTS Joshiah BLACKWELL, Geo. M. CUNNINGHAM, Jas, B. GILPIN, Joseph MORROS, Jno. R. BAGLEU and Jno. ORR be appointed a jury of view to mark out a road commencing at the Nashville road and between RANKINS olf shop and Brisons Meeting House and to intersect said road at or near Jno. C. LOONEYS shop taking into consideration the good of the publick and that of individuals and report thereon to the next term of thsi Court. Issued.

Martin W. OAKLEY clerk of this Court presented to the Court a settlement made by him with Wm. O. RUTLEDGE made by him Guardian of O. P. RUTLEDGE for the year 1838 which report was ordered to be recorded.

The commissioner of a township east of Lewisburg by their Treasurer John MILLER appeared in Court and made a report of said Township which report being by the court understood was ordered to be recorded.

This day a paper writing purporting to be the last will and testament of Nathaniel SMITH deceased was this day presented in open Court for probate by by Mary SMITH Executrix thereto and John WEBB and his wife appeared in Court and contested the validity of said paper writing being thr last will and testament of said Nathaniel SMITH decd and thereupon on motion Williamson SMITH one of the Executors to said paper writing was appointed Administrator devesa wit velnon decree the pending of said suit he having given bond and security agreeably to law and took the oath prescribed by law.

Jesse MORTON guardian of the minor heirs of Bird STAMPS deceased appeared in Court and resigned his commission as guardian of said heirs. It is therefore ordered by the court that the said Morton be under no further liability in Consequence of said appointment.

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December term 1838-
Elizabeth STAMPS appears in open Court and was thereupon appointed Guardian of Asa L. STAMPS John W. STAMPS and Lucy M. STAMPS minor orphans of Bird STAMPS dec She having given bond in the sum of Twelve thousand dollars with William T. STAMPS Berry MOORE and J. G. EDMONDSON her securities which was accepted by the Court. Court adjourned until Twelve oclock tomorrow morning.
H. WILLIAMS J.P.
Jno. HATCHETT J.P.
James V. EWING J.P.

Tuesday morning December 4th 1838 Court met according to adjournment present James V. EWING John HATCHETT and Benjamin WILLIAMS Proclamation &C.

James V. EWING one of the commissioners of the school tract in township No.5 appeared in Court made report of said Twonship which report being seen and by the Court understood it is therefore in all things confirmed and ordered to be recorded.

On motion it is ordered by the court that Benjamin APPLEBY be appointed overseer to open the road from James EWING Esqr, or Halls Camp ground to WILLIAM’s mill on Duck River and that he have the habds in the following bounds and what they be released from working on any other road (to wit) Beginning on the south bank of Duck River at the mouth of Rock Creek then runing up Rock Creek to McMURRAYS Mill then east with the Columbia road to the cross road at James EWINGS Esqr thence with the fishing ford road to Jonathan THOMAS thence north so as to include John DENNEYS old place, thence to David CHRISWELL so as to include said CHRISWELL thence north to Duck River so as to include all the improvements to John R. JONES thence down the river to the beginning. Issued.

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Court adjourned until Court in course.
B. WILLIAMS J.P.
John HATCHETT J.P.
James V. EWING J.P.