Marshall County, TNGenWeb

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

Page (168)
August Term 1838 State of Tennessee
At a county court begun and held for the bounty of Marshall at the house of Abner HOUSTON on Monday the 6th day of August A.D. 1838 Present Asa HOLLAND James V. EWINGS and Thomas WILSON Gent. justices of the Peace composing the corum elected for the said County for the year 1838-
Proclamation &c.

On motion it is ordered by the Court that John RHEA be appointed overseer of the Hallsford road from Hugh HOUSTONS to the old Murray County line and that he have the hands that formerly worked on said road and Sion WRIGHT and Jones PATTERSON in addition to the former. Issued.

On motion it is ordered that Robert J. ORR be appointed overseer of the road from the North end of Mrs. CANNONS Plantation to the Elk Ridge and that he have the former hands – Issued.

Francis B. WOODS Constable for the 5th District presented his Resignation in open court as such which was received by the Court. The commissioners appointed at a former term of this court to set apart one years provisions for Asay HEMPHELL widow of James HEMPHILL Reports in words and figures following.
We the undersigned commissioners after being duly sworn to set apart one years provisions for Alsey HEMPHILL widow of James HEMPHILL decd. (from the death of her said husband do set apart as follows (Viz.) Eight hundred pounds of port – Fourteen Barrels of corn Twelve Bushels of Wheat Given under out hands and seals this the 20th day of July 1838-
William FINLEY Tr. FINLEY Samuel SANDERS. Commissioners

Which report was seen and fully understood by the court and in all things confirmed and ordered of Record.

James HEMPHILL Jr. one of the Executors of the will of James HEMPHILL Sr. deceased presented in open court an account of sales of the personal property of said Estate which was seen by the court and ordered of Recored.

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The commissioners appointed at a former term of this court to lay off one years provisions for Mary WHITWORTH widow of Edward WHITWORTH reports in words and figures following

State of Tennessee Marshall County In pursuance of an order of the County court to us directed July term 1838 and after being duly sworn we have commenced to lay off to Mary WHITWORTH late wife of Edward WHITWORTH Decd. and have laid off one pen of old corn not Shucked & forty five Barrels of the Growing crop fifty bushels Wheat and all the Bacon Lard & soap on hand also two small Beeves one Barrel salt four small shoats and five choice hogs also what sugar & coffee on hand and forty pound of coffee & sixty lbs. Sugar not on hand three pounds pepper one of spice and one of Ginger and a barrel of Vinegar supposed twelve gallons what wool and cotton is on hand and necessary Shoes for the family further we lay off three hundred bundles of oats. Given
under our hand and seal this day and date above written.
Wm. R. HUGHES Mr. HUGHS J. B. SHUFFIELD
Which report was seen by the court and fully understood and in all things confirmed and was ordered to be made of Record.

John DYSART presented in open court a relinquishment of his Guardianship from the county of Bedford which was in words and figures following to wit,

State of Tennessee Bedford County May term County Court 1838 –
On motion of John DYSART by his attorney and it appearing to the satisfaction of the court that the said John DYSART has been appointed Guardian of David LOGAN John D. LOGAN Mary Ann LOGAN Tarlton L. LOGAN Francis M. LOGAN and Benjamin T. LOGAN Minor heirs of Benjamin LOGAN Deceased and it further appearing to the Court that the said John DYSART has such said appointments been included in the limits of Marshall County and it further appearing from the certificate of the

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Clerk of Marshall county court that said John DYSART has been duly appointed Guardian for said Minor heirs by the County Court of Marshall County. It is therefore ordered by the court that the said John DYSART be allowed and required to change his returns as guardian aforesaid from this county to the county of Marshall and it is further ordered the Clerk of this court furnish said Guardian with a copy of this order.. I William D. ORR Clerk (seal) of the county Court of said County in the State aforesaid certify that the foregoing is a true
transcript of the order of the county court made in the – at the above term of said court upon John DYSART Guardian of the Minor heirs of Benj. LOGAN Dec. and taken from the records of my office. In testimony whereof I have hereunto set my hand and affixed the seal of the court at office in Shelbyville this 8th day of May 1838 William D. ORR Clk.

John DYSART Guardian Report 1838
&c.
Martin W. OAKLEY Clerk of the County court of Marshall County by his deputy William WILLIAMS Jr. Exhibited to this curt a settlement made by him with John DYSART Guardian of David M. LOGAN John D. LOGAN, Tarlton L. LOGAN Mary Ann LOGAN, Francis M. LOGAN Benjamin F. LOGAN, minor heirs of Benjamin LOGAN Dec. which said report being seen, and by the Court fully understood was in all things confirmed and ordered to be entered of record.

Cadwallader T. CLAIBORNE Report 1838.
Guardian &c.
This day Cadwalleder T. CLAIBORNE Guardian of John W. HILL Minor heir of Thomas W. HILL Decd. appeared in open court and presented an account of property and effects received by him from Egbert CAMPBELL Administrator of Parker CAMPBELL Decd. former Guardian. As belonging to his ward – Also the account of settlements made by said P. CAMPBELL during his guardianship and also his report of moneys received and expended during the
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last year which reports were by the said Cadwallader T. CLAIBORNE sworn to and by the court seen and fully understood were severally ordered to be recorded as other reports of a similar nature.

Abraham TALLEY Report 1838
Guardian
Abraham TALLEYS Guardian of William P. Stephen Alfred, Sally, Polly and Sorenjo TALLY minor heirs of Polly TALLY Decd. having this day made settlement with the Clerk of this court as the law in such cases made and provided direct- which settlement was by the clerk Exhibited to the Court, and by the Court seen and fully understood was in all confirmed and ordered to be entered of record.

Robert M. DRYDEN Report 1838
Guardian
Martin W. OAKLEY Clerk of the County Court of Marshall County by his deputy William WILLIAMS this day Exhibited in open court an account of a settlement made by him with Robert M. DRYDEN Guardian of Mary Ann DRYDEN one of children and heir at law of Nathaniel DRYDEN Decd for the year 1838 – which report was by the court seen, and fully understood was in all things confirmed and ordered to e entered of record.

Levi COCHRAN ) Appointed Guardian
On motion it is ordered by the Court that Levi COCHRAN be appointed Guardian of Andrew BIVENS a minor orphan of Moses BIVENS who gave bond with James OSBURN and Daniel BIVENS his securities in the sum of Three Thousand dollars.

William G. GANT) Appointed Guardian
On motion it is ordered by the Court that William G. GANT be appointed Guardian of Sara GANT

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Mary GANT and Minor GANT minor orphans of Jeremiah GANT Decd who gave bond in the sum of one hundred dollars with William B. COOK and John M. GANT his securities.

John SCOTT, Administrator ) Appointed Elias SCOTT Decd.
On motion of John SCOTT by his attorney for letters of Administration on the estate of Elias SCOTT, and it appearing to the satisfaction of the Court being said Elias SCOTT departed this life intestate the Court being satisfied his right to obtain them. It is ordered by the Court that letters of administration issue to the said John SCOTT upon his giving Bond and security in the sum of five hundred dollars, And there upon the said John SCOTT executed his bond with H. MARTIN and James TAYLOR securities in the sum of five hundred dollars conditioned as the law directs.

George K. PATTERSON Administrator) Appointed of Joseph M. STREET Decd.
On motion of George R. PATTERSON by his attorney for letter of administration on the estate of Joseph H. STREET Decd. And it appearing to the satisfaction of the Court that the said Joseph M. STREET departed this life intestate, and the Court being also satisfied of his right to obtain them. It is therefore ordered by the Court that letters of administration issue to the said George R. PATTERSON his giving bond in the sum of Four hundred dollars with good and sufficient
securities thereto
And thereupon the said George R. PATTERSON executed his bond with James PATTERSON and Simeon VEVABLE securities in the sum of Four hundred dollars conditional as the law directs.

Daniel BIVENS & James BROWN ) Appointed Administrators of Jno. M. HOUSTON Decd
On motion of Daniel BIVENS and James BROWN by their attorney for letters of administration on the estate of John M. HOUSTON Decd. And it appearing to the satisfaction of the Court the said John M. HOUSTON departed this life intestate and being also satisfied of their right to obtain them it is therefore ordered by the Court

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that letters of Administration issued to the said Daniel BIVENS and James BROWN upon their giving bond and security in the sum of Five thousand dollars. And thereupon the said Daniel BIVENS and James BROWN executed their bond with Thomas ROSS and Eleazer STILWELL Securities in the sum of Five thousand dollars conditional as the law directs.

Daniel BILLS Deceased) Will proven
The last will and Testament of Daniel BILLS was this day presented in open Court and admitted to probate and the due execution thereof was duly proven by the oaths of James HOUSTON and B. F. HOUSTON subscribing witnesses thereto to have been executed by the said Daniel BILLS on the kk day of July 1838, and on motion was ordered by the Court to be recorded. And thereupon motion of Mary T. BILLS and Alfred T. BILLS for letters of administration on the estate of the said Daniel BILLS Decd, with the will annexed and it appearing to the satisfaction of the Court that the said Daniel BILLS in his last will and testament had not appointed Executors, and the court being also fully satisfied of their right to administer on said estate. It is ordered by the Court that letters of administration with the will annexed issue to the said Mary T. BILLS and Alfred T. BILLS upon their giving bond and security in the sum of Twelve hundred dollars. And thereupon the said Mary T. BILLS and Alfred T. BILLS executed their bond with Shadrach MUSTAIN and B. F. HOUSTON their securities in the sum of Twelve hundred dollars conditioned as the law directs.

Joseph H. BRITTAIN Guardian) Resignation of Jason BRITTAIN
This day Joseph H. BRITTAIN appeared in open Court and resigned his guardianship to the Court which resignation was received by the Court.

Jane D, HOUSTON Widow & C ) Commissioners & C.
On motion it is ordered by the Court that Eleazer STILWELL Thomas ROSS, and Levi COCHRAN be appointed commissioners to lay off one years provision for Jane D. HOUSTON widow of John M. HOUSTON Deceased.

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On motion it is ordered that John FIELD, John WEBB, Thomas HARDISON, H.
HARDISON and Williamson SMITH be appointed commissioners to value the
Estate of John F. CARR Deceased according to the provisions of the Last
will of said CARR. Issued.

James HOUSTON Administrator de bonis non of Christopher HOUSTON deceased returned an inventory of the goods And Chattles rights and credits of said deceased which has come into their hands as administrators which inventory was received by the Court and ordered to be recorded.

Daniel BIVENS and James BROWN administrators of John M. HOUSTON Deceased
returned an inventory of all the goods and Chattles Rights and credits of said deceased which has come into their hands as administrators which inventory was received by the Court and ordered to be recorded.

Joseph H. BRITTAIN Elected Justice of the peace for the ninth District of Marshall County presented his commission from the Governor of the State and thereupon took the oath to support the constitution of the United States and that of the State of Tennessee and the oath against Dueling and an oath of office.

On motion of Court then adjourned to meet at the Counting Room of William NOWLIN on tomorrow at eight oclock P.M.
Asa HOLLAND (JP)
Thomas WILSON (JP)
James V. EWING (JP)

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Tuesday Morning August 7th 1838.
Court met according to adjournment, Proclamation &C- Alexander E. McCLURE a justice of the peace for the fifteenth District present in open Court his resignation as Justice of the peace which was received by the Court.

On motion it is ordered by the Court that William TURNER be appointed overseer of the road leading to Cornersville commencing at Abraham TALLEY and terminating at FOWLERS Smith Shop and that he have the hands that worked under him COCHRAN the former overseer.

Issued
On motion the Court adjourned until the next Court in co course to meet at the house of Abner HOUSTON near the Town of Lewisburg.
Asa HOLLAND (JP)
Thomas WILSON (JP)
James V. EWING (JP)