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

Page (437) cont.
December Term 1840.
State of Tennessee Marshall County.
At a County Court begun and held at the Court house in the Town of Lewisburg on the first Monday in December 1840 the place appointed by Law for holding the several Courrts in said County. Present John FIELDS, Burgess HARDEN, and Ephraim HUNTER Gentlemen Justices of the peace proclimation &C. The following proceedings were had.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Bingamen F. WHITWORTH guardian of Thos. D. WHITWORTH minor heir of E. WHITWORTH dec for the year ending the 1st day of Oct.1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Bingamen F. WITTWORTH Guardian of Martha WHITWORTH minor heir of E. WHITWORTH dec for the year ending the 1st October 1840 which report being seen and by the court understood was in all things confirmed and ordered to be recorded,

Martin W. OAKLEY cle k of this Court presented to this Court an account of a settlement made by him with Bingamen F. WHITWORTH guardian of McEwing H. WHITWORTH minor heir of E. WHITWORTH dec for the year ending the 1st day October 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

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Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT Deputy Clerk with James P. DYSART guardian of Robert, Eli & Alfred Allen DYSART minor heirs of John DYSART Decd. for the year ending the 7th October 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be Recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT Deputy Clerk with James P. DYSART guardian of Robert Eli & Alfred Allen DYSART minor heirs of John DYSART Decd for the year ending the 7th October 1839- which report having seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY Clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT Deputy Clerk with G. W. BIRMINGHAM guardian of Malinda & Henry BIRMINGHAM minor heirs of John BIRMINGHAM Decd for the year ending the 5th December 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account made by John ELLIOTT Deputy clerk with Elizabeth STAMPS Guardian of A. L., John W. & Lucy M. STAMPS Minor heirs of Bird STAMPS Decd for the year Ending the 29th day of November 1840, which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement in part made by Joh ELLIOTT Deputy Clerk with John WEAVER Executor of the last will & testament of Martha WEAVER Decd which report being seen and by the Court understood was in all things confirmed and ordered to be recorded.

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Martin W. OAKLEY Clerk of this Court presented to this Court presented to this Court an account of a settlement made by him with William ARTHURS administrators of Benjamin ARTHURS Decd which report being seen and by the Court understood was in all things Confirmed and ordered to be Recorded.

Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with J. B. SHUFFIELD guardian of Rebecca CARUTHERS minor heir of —- which report Being seen and by the Court understood was in all things Confirmed and ordered to be recorded.

Holman R. FOWLER administrator of the Estate of Elizabeth FOWLER Decd appeared in Court & Returned an Inventory & account of sales of sd Estate which was ordered to be recorded.

G. W. RECORD administrator of the Estate of Robert BROOKS Decd appeared in Court & Returned an additional Inventory of said Estate which was ordered to be recorded.

James B. LOWERY administrator of the Estate of Larken SULIVAN Decd appeared in Court & Returned an Inventory of said Estate which was ordered to be recorded.

H. N. COWDEN one of the administrators of the Estate of John B. COWDEN decd. appeared in Court & Returned an account of sales of said Estate which was ordered to be recorded.

John N. PARK one of the administrators of Humphrey S. TOMLINSON Decd. appeared in Court and Returned an account of sales of said Estate which was ordered to be recorded.

William B. COOK administrator of Sandy G. COOK Decd appeared in Court & Returned an account of sales of said Estate which was ordered to be recorded.

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William B. COOK administrator of the Estate of Isaac CROWDER Decd appeared in Court and returned an account of sales of said Estate which was ordered to be recorded.

Ezekiel SANDERS administrator of the Estate of Samuel FINLEY Decd appeared in open Court & Returned an Inventory and account of sales of the Estate of said FINDLEY which was ordered to be recorded.

Pervines FOX administrator of Hezekiah DAVIS decd appeared in Court and presented an Inventory an account of sales of said estate which was ordered to be recorded.

The commissioners appointed at a former term of this Court to set apart to Euphemia TOMILSON widow of H. B. TOMILSON Decd one years provision reports as follows, to wit,
We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart Ephemia TOMBLINSON widow of H. B. TOMBLINSON Decd so much of the crop and provision on hand as will be sufficient in our opinions to support her and her family one year from the death of her said husband we set apart to her for sd purpose the following articles, to wit, Forty barrels of corn, Twenty five bushels of wheat, sixty pounds of coffee, Twenty pounds of sugar, Two hundred pounds salt, one pound pepper, one pound all spice one milk cow, 600 sheaves of fodder, the cabbage Potatoes, Cotton and wool that is on hand also Ten head of small Hogs
James ELLIOTT
Thomas PARKS
William ARTHUR
Which report being seen and by the Court was in all things confirmed and ordered to be recorded.

Mary COOK )
vs )
S. G. COOKS heirs)
The commissioners appointed at this Courts former term to set apart one

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years provision to Mary COOK widow of Sandy G. COOK Decd made here to Court the following report, to wit,
State of Tennessee, Marshall County,
We the undersigned having been duly appointed and qualified to set apart one years provision to Mary COOK widow of Sandy G. COOK deceased having been advised in the premises do allot and set apart to her for that purpose the following articles, to wit, Twenty barrels corn, Ten bushels wheat Thirty pounds coffee, Thirty pounds sugar, Two bushels salt & five hundred pounds of pork. Given under our hands and seals this 30th day Nov. 1840.
Joseph McBRIDE (seal)
Wynne TWITTY (seal)
Jones X COLLINS (seal)
his mark
Which report being seen and fully understood by the Court was on motion to be enrolled and made the order of this Court.

Nancy CROWDER )
vs )
Isaac CROWDERS &C)
The commissioners appointed at a former term of this Court to set apart one years privision to Nancy CROWDER widow of Isaac CROWDER Dec. made to this Court now here the following report, to wit,
State of Tennessee, Marshall County.
We the undersigned having been duly appointed and qualified to set apart one years provision to Nancy CROWDER widow of Isaac CROWDER Decd having been advised in the premises do allot & set apart to her for that purpose the following articles, to wit, Thirty five barrels of Corn, Ten head of hogs, Ten bushels of wheat, Twelve dollars worth of Coffee Two bushels salt, The use of one cow for twelve months. Given under our hands & seals this 13 day November 1840.
Zach GANT (seal)
Wynne TWITTY (seal)
Jones COLLINS (seal)
Which report being fully understood by the court was on motion ordered to be enrolled and made the order of this Court.

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Monday Dec. 7, 1840.
Tabitha DOYLE)
vs )
Edward DOYLE )
The commissioners appointed at a former term of this Court to set apart one years provision to Tabitha DOYLE widow of Edward DOYLE Decd. made here into Court the following report, to wit,
We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart to Tabitha DOYLE widow of Edward DOYLE deceased so much of the crop and provisions on hand as will be sufficient in our opinions to support her and her family one year after the death of her husband, we set apart to her for said purpose the following articles to wit, 1 Bed & furniture, 1 Cow and Calf, 800 lbs good fat pork and the offill – 10 barrels corn to fatten said pork besides her years allowance in corn- 35 Barrels corn for yearsprovision, 800 lbs good merchantable flour, 60 lbs good coffee & 1pp lbs sugar, 3 bushels salt 500 Bd fodder & 500 Bd of oats this Oct. 28,1840
Henry RONILL (seal)
John APPLEBY (seal)
Lile A. EWING (seal)
Which report being fully understood by the Court was in motion ordered to be enrolled and made the order of this Court.

Harriett) Widows Provisions
The Commissioners appointed at a former term of this Court to lay off And set apart to Harriett FINLY widow of Samuel FINLEY Decd one years provision made their report to the Court now here as follows, to wit:
We the undersigned being appointed by the County of Marshall County & State of Tennessee to lay off and set apart to Harriett FINLEY widow of Samuel FINLEY Deceased one years provision from the death of her husband Samuel FINLEY deceased do say one Cow & calf, Beef in hand – one thousand pounds of pork- Ten Bushels of wheat, Thirty Barrels of Corn- four bushels of salt- Fifty five pounds of sugar, Twenty five pounds Coffee- What bacon and lard on hand, one pound pepper, one half pound Spice, three small shoats. Witness our hands and seals. November 28th 1840.
Harris MAULDIN (seal)
Harry TALLEY (seal)
Jas. BELL (seal)
Which report being unexcepted to was in all things confirmed and on motion it was ordered to be enrolled and made the order of this Court.

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Mary DAVIS Widow &C) Years allowance to &C
The commissioners appointed by this Court at a former term thereof to assign one years provision to Mary DAVIS widow of Hezekiah DAVIS Decd. made here into open Court the following report, to wit, We the undersigned freeholders of Marshall County, after being duly sworn, have proceeded to set apart to the widow of Hezekiah DAVIS deceased so much of the crop and provisions on hand as will be sufficient in out opinions to support her and her family one year from the death of her said husband, we set apart to her for said purpose the following articles, to wit, one thousand pounds of Pork, Thirty barrels corn, Three hundred
pounds of flour, three hundred pounds of salt, Thirty pounds of Coffee, 75 pounds of sugar – one pound of finger one pound of spice- one of pepper one cow- this 24 November 1840.
John FOX
Thomas HARDISON
Charles HARDISON
Which report being enexcepted to, was on motion ordered to be enrolled and made the order of this Court.

State of Tennessee)
vs ) Inquest &C
Robert H. HUNTER )
Pursuant to an order made in this case at the October term 1840 of this Court the Sherriff of this County in execution thereof returns into Court now here the following report to wit,
“We the undersigned freeholders of Marshall County having been duly summoned and sworn as a Jury to inquire into the mental condition of Robert H. HUNTER after diligently investigating the matter, do find that the said Robert H. HUNTER is an Idiot and utterly in capable of managing his own affairs with safety to himself and others. We also find that he is possessed of 125 acres of Land willed to the said Idiot by Robert HUNTER at his decease & also an individual interest in the real estate of E. C. HUNTER Deceased. We cannot ascertain the amount as the administrators have not paid over the moneys.
Signed December 5th 1840.
Robert C. DYSART, James MILLER, John MILLER, William ANDERSON, William MARTIN, Mordecai D. DYSART, John DYSART, Robert PATTERSON Andrew MILLER, Caleb BROWN, Vincent B. MARTIN, Andrew DYSART.

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Monday December 7 1840.
Which report being seen & by the Court understood & no exceptions being made thereto was by the Court in all things confirmed and ordered to be enrolled.
And thereupon Milton B. HUNTER appeared in open Court, and on motion was by the Court appointed guardian of the said Robert H. HUNTER Idiot as aforesaid who entered into bond in the sum of Four thousand dollars conditioned as the Statutes in such cases made and provided directs with John MILLER & Ephraim HUNTER as his securities.

Thos, ROSS Admrs of Saml. HILLS Dec. It appearing to the satisfaction of the court, that Samuel HILLIS a late citizen of our County of Marshall hath departed thislife leaving no last will and Testament and Thomas ROSS having applied for letters of administration of all and singular the goods & chattles Rights & Credits which was of said Deceased at the time of his death, and the court being satisfied
of his right to obtain them. It is therefore on motion ordered by the Court that Thomas ROSS be appointed Administrator of all & singular the goods and chattles, Rights & credits of the said Samuel HILLIS, whereupon the said Thomas HILLIS, whereupon the said Thomas ROSS entered into bond in as such asministrator in the sum of fifteen hundred dollars conditioned as the Statutes in such casemade and provided directs and took the oath prescribed for administrators to take with Solomon MEADOWS and Lile A. EWING as his securities- Wm. G. CLAYTON guardian and &C.

It appearing to the satisfaction of the Court that Marcellus FOWLER and Augustus FOWLER heirs of Osburn L. FOWLER Decd minors, having no guardians Known to this Court, and William G. CLAYTON having now applied here in open Court to be appointed their Guardian, and the Court being satisfied of his ability to discharge the duties thereof. It is therefore ordered by the Court that the said William G CLAYTON be appointed guardian of the said Marcellus & Augustus FOWLER minors as aforesaid, And thereupon the said William G. CLAYTON executed his bond in the sum of six thousand dollars conditioned as the law directs with
William B. COOK and Humphrey N. COWDEN as him securities.

John B. FOWLER, Guardian &C.

This day Joseph Edwin FOWLER as minor & heir at law of Osburn L. FOWLER, appeared in open Court & being over fourteen years of age selects John B. FOWLER a citizen of Marshall County to be his guardian and it also appearing to the satisfaction of this Court that Alanter L. FOWLER and Lucien FOWLER other heirs os said Osburn L. FOWLER and minors,

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minors who have no guardian Known to this Court, and the said John B. FOWLER having now made application in open Court to be appointed their guardian, and the Court being satisfied of his ability to discharge the duties of said trusts. It is therefore ordered by the Court that the said John B. FOWLER be ap- appointed guardian of the said Edwin FOWLER, Alanter L. FOWLER & Lucien FOWLER minors as aforesaid, And thereupon the said John B. FOWLER executed his bond in the sum of six thousand dollars, conditioned as the law directs, wit Thomas H. HARDIN and Shadrach MUSTAIN as his securities.

Elizabeth RITCHIE, guardian &C. It appearing to the satisfaction of the Court that Calvin Dewitt RITCHIE this Court that Calvin Dewitt RITCHIE and Elizabeth Ann RITCHIE heirs at law of John RICHIE Decd are minors having no guardians: And Elizabeth PICHIE having no applied in open court to be appointed their guardian, and the Court being satisfied of her ability to discharge the duties imposed on her by virtue of said Trust. It is therefore ordered by the Court that the said Elizabeth RITCHIE be appointed guardian to the said Calvin Dewitt RICHIE & Elizabeth Ann RITCHIE minors as aforesaid,, and thereupon the sd Elizabeth RITCHIE executed her bond in the sum of one thousand dollars conditioned as the law directs with William LIPSCOMB and Joseph as his securities.

On motion it is ordered by the Court that Elias DODSON be appointed overseer of the Columbia road in the room of David HILL and that he have the following hands to wit, William D. BALDRIDGE, James RUST, William PEEL, Wm. TURNER, Joseph JONES, Thomas COGGINS, Wm. T. ANDERSON, Charles WILLIAMS David FOSSETT & David HILL or those who may live where those hands formerly lived when David HILL was appointed overseer to keep said road in repair. Issued.

On motion it is ordered by the Court that Harvey B. WELCH be appointed overseer of the Lewisburg road in the direction of Fayetteville commencing at Martin DAVIS’s & terminating at the top of the Elk ridge & that he have the following hands, to wit, T. G. W. GOODWIN, A. RAMSEY, Jacob FOWLER, Dr. HAYWOODS hand, E. BRAY, J. E. SWANSON, J. E. SAMSON, J. CARROLL, E. RAMBO, & hands, A. GRAHAM, E. RAMBO Jr., A. Richd. DAUGHERTY &C or those who may now live in the above bounds where those lived in June 1840 to keep sd road in repaird. Issued.

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On motion it is ordered by the court that Leander EWING be appointed overseer of the Halls ford road from the old Maury Cty line to Berlin in room of James FINLEY and that he have the hands who formerly worked on said road. Issued.

On motion it is ordered by the Court that Jonathan SMITH be appointed overseer in room of William A. RECORD of the road from Jas. V. EWINGS to David FAUCETTS and that he have the hand which said RECORD had, to keep the same in order, to wit, his own hands, John W. DANIEL, Thos. NIX Jr., R. L. WINSTONS hands & sons, George RONE, Carroll DUNCAN, Wm. ROGERS, Joseph GLENN, the HARRIS hands & all those who worked under sd.RECORD or those who may live where they did, when the said Wm. A. RECORD was appointed – or in the bounds. Issued.

On motion it is ordered by the Court that Prior C. DAVIS be appointed overseer in the room of Welborn DAVIS & that he have all the hands on the McKNIGHT branch & the dividing ridge between Richland and Cane Creek so far south as will include the farmers of James CAMPBELL & Squire WILLIAMS. Issued.

On motion it is ordered by the Court that Phillip WALKER be appointed overseer in room of Josiah LAWRENCE of the road from Thomas CHEATHAMS to the forks of the road below Jacob LAWRENCES and that he call upon the hands that were subject to said road under said LAWRENCE who were the following, to wit, Jno. McCONNELL, Jas. McCONNELL, Jeremiah McCONNELL A. D. MITCHELL, Joseph OWENS, Wm. B. McCONNELL, Josiah M. LAWRENCE John H. LAWRENCE, R. D. MONTGOMERY, Allen R. BOBO, Wm. G. DICKSON, Allen BRYANT & Josiah LAWRENCE- and all others who may live in their bounds. Issued.

On motion it is ordered by the Court that Willis BAUCOM be appointed overseer of the road from the old Maury line to the Nashville County line in the room of James B. SCOTT, on the road running from RAINEYS to HURTS X Roads and that he have the hands in the following bounds, to wit, Beginning at John COLES running to John R. MOORE- thence to John COLLINS- thence to John DINKINS, thence to Joseph CALON, thence to Jacob PITMAN- thence to the beginning, to keep the same in repair- Issue.

Ordered that Court adjourn until tomorrow morning-Eleven o’clock.
J. N. FIELD J.P.
Burgess HARDIN J.P.
Jno. HATCHETT J.P.

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Tuesday morning December 8, 1840.
Court met according to adjournment, Present John FIELD Burgess HARDIN and John HATCHETT Esqr. Gentlemen Justices of the Peace- Proclamation being made the Court was opened.

There being no further business before the Court, It was therefore ordered that court adjourn until Court in Course.
J. W. FIELD J.P.
Burgess HARDIN J.P.
Jno. HATCHETT J.P.