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

[Note — no July, 1840, term minutes were contributed to this site.]

Page (405)
August Term 1840.
State of Tennessee Marshall County. At a County Court begun and held at the Court house in the Town of Lewisburg the place appointed by law for holding the several Courts in said County on the first Monday in August the same being the 3rd day of the month A.D. 1840 present John FIELD, Burgess HARDEN AND Ephraim HUNTER the quorum for the present year Gentlemen Justices of the peace proclamation &C. The following proceedings were had.

On motion it is ordered by the Court that William S. WILKS be appointed overseer of the road commenceing at the at the East End of Morgan FITZPATRICKS lane and terminateing at the giles County line and that he have the former hands. Issued.

James V. EWING Trustee of Marshall County appeared in Court and Executed his bond in the sum of $4012.60 cents payable to the superintendant of public instruction in the State of Tenn for his faithfully performance of paying over the public school money with Isaac W. WALKER and Thos. ROSS his securities which was accepted by the Court.

Marous D. WILSON Executor of the last will and testament of Charles E. NEILL dec. appeared in Court and presented an inventory of said estate which was ordered to be recorded.

I having been represented to the satisfaction of the Court that John B. COWDEN a resident of Marshall County has died leaving no last will and testament, and H. N. COWDEN and James H. PARK appeared in Court and made application for letters of administration of all and singular of the goods and Chattles rights and Credits him the said John B. COWDEN decd abd they having Executed their bond in the sum of Thirteen hundred dollars with William McRORY and S. G. COOK their securities which was accepted by the Court. It is therefore ordered by the Court that Letters Issued accordingly they takeing the oath prescribed by law.

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August term 1840.
On motion it is ordered by the Court that Morgan CLATON, George W. McBRIDE and Robert M. WALTER be appointed commissioners to lay off and set apart to Parthena COWDEN widow of John COWDEN decd one years provision from the death of her said husband and make report to the next term of this Court. Issued.

It having been represented to the satisfaction of this Court that Balam H. BENTLEY a resident of Giles County has died leaving no last will and testament and John LORANCE appeared in Court and made application for letters of administration of all and singular the goods and chattles rights and Credits of him the said Balam H. BENTLEY decd and he having Executed his bond in the su, of one thousand dollars with Jeremiah HOLT and Alexander WILES his securitys was accepted by the Court. It is therefore ordered by the Court that Letters Issue
accordingly he takeing the oath prescribed by law.

On motion it is ordered by the court that Robert MARSH Wm. ORR Hamilton PICKENS be appointed Commissioners to set apart to Patience HOUSTON widow of James HOUSTON one years provision from the death of her said husband and make report to the next term of this Court. Issued.

It having b een represented to the satisfaction of this Court that James HOUSTON a r sident of Marshall County has died leaving no last will and testament and Benjamin F. HOUSTON appeared in Court and made application for Letters of administration of all and singular the goods and chattles right and Credits of him the said James HOUSTON decd and he having Executed his bond in the sum of Fifteen thousand dollars with Archibald MCCONNEL and Wm. L. HAGE his securities, which was accepted by the Court. It is therefore ordered by the Court that Letters Issue accordingly, he takeing the oath prescribed by law.

It having been represented to the satisfaction of this Court that Wm. D. LANHORN a resident of Marshall County has died leaving no last will and testament and Isaac L. GRAVES appeared in Court and make application for letters of administration

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of all and singular the goods and chattles rights & credits of him the said Wm. D. LANHORN decd and he having Executed his bond in the sum of Five hundred dollars with James B. RECORD & Samuel BECKET his securities which was accepted by the Court, it is therefore ordered that Letters Issue accordinglyhe takeing the oath prescribed by law.

It having been represented to the satisfaction of the Court that Henry GANT a resident of Marshall County has died leaving no last will and testament and Jeremiah GANT appeared in Court and made application for Letters of administration of all and singular the goods and chattles rights and credits of him the said Henry GANT decd and he having Executed his bond in the sum of five hundred dollars with Samuel ELLIOTT Sr and Samuel WILSON his securities which was accepted by the Court. It is therefore ordered by the Court that Letters Issue
accordingly, he takeing the oath prescribed by law.

It having been represented to the satisfaction of the Court that Larkin SULLIVAN a resident of Marshall County has died leaving no last will and testament and JamesLOWERY a citizen of Giles County appeared in Court and made application for letters of administration of all and singular the goods and chattles rights and Credits of him the said Larkin SULLIVAN Decd and he having Executed his bond in the sum of Five Hundred Dollars wi th John CUMMINGS his security which was accepted by the Court. It is therefore ordered by the Court that Letters Issue
accordingly he taking the oath prescribed by Law.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with John ELLIOTT Deputy Clerk with Gary T. KELLY & Robert COX Executors of the last will and testament of William ALEXANDER decd which reports being seen and by the Court understood was in all things confirmed and ordered to be recorded.

(408)
August term 1840.
Onmotion it is ordered by the court that Horatio M. PHILLIPS be appointed overseer of the road in the room and stead of John ALEXANDER and that he have the former hands. Issued.

The revenue commissioner of the 4th district reported the following person for double Tax & on motion it is ordered by the Court that the following named persons be released from double tax for the year 1840, to wit, George B. LEONARD Johnston GULLEY, William DAVID, Pleasant DAVIS and Johnson GULLEY &C.

On motion it is ordered by the Court that William D. McLEARY be appointed overseer of the road commenceing at LEEPERS old mill and terminateing at the pulaski road in the direction of Fayetteville and that he have tje hands in the following boundsm to wit, including the hands where Gabriel SANDERS lived thence to John TOMPSON the old WILLIAM place John O. JONES the CHRISTENBURY place then with the road including to the beginning. Issu3ed.

It appearing to thesatisfaction of the Court that Sarah Jane DUNNAGAN, Dicey Emmy, William, Sherwood, Cyntha & Permelia Ann DUNNAGAN an orphan and minor and now reside in Marshall County who have no guardian to the Court and the said Sarah Jane now appearing in open Court and being more than fourteen years of age selects and the Court hereby appoints James F. WARREN guardian of the said Sarah Jane and the Court also hereby appointed the sad Jas. F. WARREN guardian of the said Dicey, Emmy, William Sherwood,, Cyntha and Permelia Ann DUNNAGES minors as aforesaid, and the said James F. WARREN having entered into bond in the sum of six thousand dollars with L. BULLOCK and Cyntha DUNNEGAN his securities for his guardianship and the same is accepted by the Court.

It appearing to the Court that William W. COLLINS is and orphan and minor and now resides in the county of Marshall who have know guardian Known to the Court and the said William H. COLLINS now apearing in open Court and being more than Fourteen years of age, selects and the Court hereby appoints George W. COLLINS Guardian for the said William W. COLLINS minor as aforesaid the said George W. COLLINS having entered into bond in the sum of Two hundred dollars with Henry COLLINS his security for his Guardianship and the same is accepted by the Court.

(409)
August Term 1840.
It appearing to the Court that Samuel F., Martha C., & David P., DONNELL are minors & orphans & now Reside in Marshall County who have no guardian Known to the is Court and they being under 14 years of age the Court hereby appointed Isaac HENDRIX guardian of the said Samuel F. Martha C. & David P. DONNELL Minors as aforesaid and the said Isaac HENDRIX having entered into bond in the sum of Eight hundred Dollars for his guardianship and the same is accepted by the court.

On motion it is ordered by the Court that the order made at a former term of this Court appointing Jackson SMITH overseer of the Hall ford road he Extended to an Elm in CARRS Lane.

Personally appeared in open Court Mary WORLEY and made oath, a Declaration set forth by her in order to draw a pension in Consequence of her husband being a revolutionary soldier, Also appeared Robert JONES and testified to the good stand and veracity of the family.

Margaret McADAMS appeared in Court and made oath to a declaration set fourth by her in order to obtain a pention from the United States in consequence of her husband being a revolutionary soldier &C.

And thereupon Court adjourned untill ten o’clock tomorrow morning.
J. W. FIELD J.P.
Ephraim HUNTER J.P.
Burgess HARDIN J. P.

Tuesday morning August 4th 1840.
Court met according to adjournment, present John FIELDS Burgess HARDEN and Ephraim HUNTER, Gentlemen Justices of the peace, Proclamation &C. The following proceedings were had.

Martin W. OAKLEY clerk of this Court presented an account of a settlement made by Nathaniel BAXTER, John W. CAMPBELL & John ELLIOTT as commissioners appointed by said clerk with John SCOAT administrator of Elias SCOTT decd to make distribution among the creditors of said Estates which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

On motion it is ordered by the Court that an order made at a former term of this Court appointing Joel S. HUGHES overseer of the Hallsford road be Extended to an Elm tree in CARRS land. Issued.

On motion it is ordered by the Court that David McGAHEY Esqr. be appointed to lay off & mark the prison bounds of Marshall County in a square makeing the Court house in the Town of Lewisburg the center agreeably to the act of assembly and report to the next term of this Court.

And thereupon Court adjourned untill Court in Course.
J. W. FIELD J.P.
Ephraim HUNTER J.P.
Burgess HARDIN J.P.