Marshall County, TNGenWeb

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

Page (89)
Ste State of Tennessee.
At a Court begun and held for the County of Marshall at the house of Abner HOUSTON on the first Monday in February the same being the fifth day of the month in the year of our Lord one thousand Eight hundred & thirty eight. Present John HATCHETT Chairman, Joseph CLEEK, James ADAMS, E. HUNTER, J. SUFFIELD, Thomas HARDISON, James REED, John FIELDS, G. W. McBRIDE William COWDEN Thomas ROSS, Asa HOLLAND & William WILKS and Thos. CUMMINGS Gentlemen Justices of the peace.

Ordered by the Court that Nimrod ANDREWS be appointed overseer of the road leading from Mooresville to TILLMAN’s Mill on duck river commenceing at the County line near the widow ANDREWS & terminateing at William STONES and that he have the former hands. Issued.

Ordered by the Court that Thomas ROSS & James OSBURN be released as Commissioners for the poor house establishments and on motion it is ordered by the Court that John WEAVER Nathan GLENN and Peter PHIFER be appointed Commissioners for said poor house &C.

Ordered by the Court that William TALLEY be appointed overseer of the REEDS gap road in room of the REEDS gap road in room of Henry COLLINS and that he have the former hands. Issued.

On motion it is ordered by the Court that James C. RECORD Thomas ROSS and John ALEXANDER be appointed Commissioners to settle with James HOUSTON & Cary T. KELLEY administrators of Christopher HOUSTON deceased and make report to the next term of this Court. Issued.

On Motion it is ordered by the Court that the County Trustee of Marshall County pay to Thos. ROSS and James OSBURN the sum of six dollars each for their services as Commissioners for the poor house establishment out of any moneys not otherwise appropriated.

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Magarstrates voting in the affirmative Asa HOLLAND James ADAMS Thomas WILSON, John FIELDS, James PATTERSON & James REED- Noes none.

Ordered by the Court that William ALDRIDGE be appointed overseer of the road Commenceing at duck river & terminateing near Nathaniel SMITHS field and that he have all the hands who live in the bounds who worked under the former overseer Issued.

George W. McBRIDE presented his account for his services as commissioner to locate the seat of Justice for Marshall County for Eighteen dollars. And on motion the vote was taken which is as follows Ayes William WILKS, Thomas CUMMINGS, James ADAMS, Asa HOLLAND James PATTERSIN, William COWDEN, Thomas WILSON, John FIELD, Thomas ROSS & Jason B. SHUFFIELD 10, Noes None. Issued.

Ordered by the Court that T. C.H. MILLER, Cary T. KELLY James McCONNEL, James C. RECORD, Robert WILLIAMS and S. W. BEATTY be appointed Commissioners to lay of Marshall County into fifteen districts according to law and make report as the law directs. Issued.

On motion it is ordered by the Court that the trustee of Marshall County pay to Joseph McCORD the sum of three dollars for a sledge hammer which he has purchased for the use of a public road in said County. Issued.

Ordered by the Court that Joseph FRY be appointed overseer of the road from Moorsville leading to Giles County line beginning at the east end of Morgan FITZPATRICKS land & work to Giles County line and that he have all the hands who worked under the former overseer. Issd.

Ordered by the Court that William BILLS be appointed overseer of the road from William D. EWING to McMURRYS Mill and that he have the following hands (to wit) H. WALDON, Federick FISHER Jn. W. VINCENT, J.A.T. HIGHTOWER and Moses W. HELMS. Issued.

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Ordered by the Court that James HARRIS be appointed overseer of the road leading from James EWING to David FAUSETTS and that he have the following hands, (to wit) Jonathan SMITH & hands John RHEA & hands, Jonathan SMITH & hands, Sion RIGHT James PATTERSON George PATTERSON, John McDANIEL Thomas NIX Jr Elijah NIX Nedom WIGGS Robert L. WONSTONS hands, William ROGER Daivd ROGERS Jn. Jackson ROGERS Joseph GLENN William BARNES Isaac GRAVES, Sherwood GRAVES, John HARRIS, George LONDON Giles HARRIS, David FISSETT, Gideon HARRIS’s hands, David and Nathaniel HARRIS’s hands, James HARRIS, T. P. WINSTON, J. MORTON Garrison PETTIS and Wiley RONE. Issd.

Ordered by the Court that John H. BRECHEM be appointed overseer of the road Commenceing at Lewisburg and terminateing at the west end of John W. RECORDS Lane and that he have the hands who worked under William RHEA the former overseer Issd.

Ordered by the Court that John COX be appointed overseer of the Shelbyville road commenceing at John COWDENS and terminateing at the Gile County line at New Hope meting house, and that he have the former hands who worked on said road to keep it in repair. Issd.

Ordered by the Court that William BARRON be appointed overseer of the Columbia road in the room of James Mc CONNELL commenceing at Samuel McCONNELLS and terminateing at Hiram WILSONS and that he have the hands subject to work thereon under said James McCONNELL the former overseer. Issd.

Ordered by the Court that Archibald McCONNELL be appointed an overseer of the road in room and stead of James C. POWELL and that he have the former hands which said POWELL had to keep the same in repair. Issd.

Ordered by the Court that John T. HARRIS be appointed overseer of the road from CHANDLERS Mill on Duck river to the County line in the South side of Duck river and to have the hands that was alloted to Lawson HARRIS to keep the same in repair. Issd.

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Ordered by the Court that William BURNS be appointed overseer of the road from the Fifteen mile post to the County line and Levi LONDON be overseer of the road from the said Fifteen mile post to Mrs. EVANS in room of Richard WILKS & that they have the hands that worked under sd. WILKS to keep their roads in repair. Issd.

Ordered by the Court that john ELLISON be appointed overseer of the road from Farmington to the Bedford County line, and that he have the hands in the following bounds, Viz; Beginning at the County line, running North so as to include George CLASCOCK thence West so as to include John HARKNESS and Thomas POWDRILL thence South to the East fork of Rock Creek- thence up said Creek so as to include Archibald ADAMS to the County line- thence to the beginning- Issd.

Ordered by the Court that Milton B. HOLT be appointed overseer of the road from William STONES to Mooresville in room of Zadock WYNEE. Issd.

Ordered by the court that the revenue of Marshall County be divided in the following manner, (to wit) five cents on each One hundred dollars value property. Twelve & ½ cents on each white poll.

The Commissioners appointed to lay off one years provision for the widow of John BURMINGHAM Deceased reports as follows (to wit) We the undersigned freeholders of the County of Marshall after being duly sworn have proceeded to set apart to the widow of John BURMINGHAM, deceased so much of the Crop & provisions on hand as will be sufficient in our opinion to support her & family one year from the death of her said husband we set apart to her for said purpose the following articles (to wit) Fourteen hundred & nineteen lbs of pork all the stock of corn on hand supposed to be thirty Barrels Twenty two bushel s of wheat one cow and calf first choice one hundred & fifty pounds of seed Cotton, A choice stack of oats & five hundred bundles of salt, the stock of tallow on handm the soap and soap grease on hand. January 18th 1838.
Thomas H.HARDEN
W. A. GILES
David NOWLIN

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Cary T. KELEY one of the administrators of Christopher HOUSTON deceased appeared in open Court & presented an additional account of sales of said estate which was ordered to be recorded.

B. BINGAMAN Administrator of Nancy DRYDEN deceased appeared in open Court & presented an Inventory & account of sales of said estate which was ordered to be recorded.

Felix G. GIBSON & John H. CLAYTON administrators of the estate of Stephen CLATON deceased appeared in open Court & presented an Inventory account of sales of said estate which was ordered to be recorded.

George W. BURMINGHAM & Sarah BURMINGHAM administrator & administratrix of J. BURMINGHAM Deceased appeared in open Court and presented an Inventory & account of sales of said estate which was ordered to be recorded.

Jesse MORTON Guardian of William T, Asa L., John W. & Lucy N. STAMPS minor heirs of Bird STAMPS Decde appeared in open Court and exhibited his account as Guardian as aforesaid which being seen by the court who received and ordered to be recorded.

John PATTERSON appeared in open Court, and was thereupon appointed Guardian of Malissa PATTERSON and Thomas J. PATTERSON who entered into bond in the sum of five thousand dollars, with James PATTERSON & S. VENABLE his securities.

Thomas H. HARDIN is by order of the Court appointed Guardian of Eliza Jane WOODBY a minor heir of Ezekiel WOODBY Decd who gave bond with Elias RAMBO Security in the sum of sixty three dollars.

Ordered by the Court that John FIELD be appointed guardian to James Nabe Redding Carroll, Hepsabeth & Rebecca McAFFEE minor orphans of Mills McAFFE Deced who gave bond with Charles HARDISON securities in the sum of Twelve hundred dollars.

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Ordered by the court that Nancy MARTIN be appointed Guardian of Joseph, Isaac D. Julie, Polly and Eliza MARTIN Minor orphans of Thomas W. MARTIN Deceased, who gave bond with Charles HARDISON and John FIELD securities in the sum of one thousand dollars.

On motion, and it appearing to the satisfaction of the Court, that Robert L. WILSON hath departed this life leaving no will and William & Favors having applied for letters of administration in the estate of said untestate & the Court being satisfied if their right to obtain them

It is ordered by the Court that they appointed administrators of the goods and Chattels rights and Credits of said intestate who gave bond with John LAWS and John PATTERSON securities in the sum of Two hundred dollars.

On motion and it appearing to the satisfaction of the Court that Roger L. WILLIAMS hath departed this life leaving no Will and Charles A. WILLIAMS having applied for letters of administration on the Estate of said Deceased and the Court being satisfied if his right to obtain them, it is ordered by the Court that he Charles A. WILLIAMS be appointed administrator of the goods & Chattels, rights & Credits of said intestate who gave bond with Charles WILLIAMS and Isaac H. WILLIAMS securities, in the sum of one thousand dollars.

On motion, and it appearing to the satisfaction of the Court that Montgomery BAXTER hath departed this life leaving no will and James BAXTER having applied for letters of administration on the Estate of said Deceased, and the Court being satisfied that he James BAXTER be appointed administrator of the goods & Chattels Rights & credits of said intestate who gave bond with John W. RECORD and George W. RECORD securities in the sum of one thousand dollars.

On motion and it appearing to the satisfaction of the Court that William M HANCOCK hath departed this life leaving no will and James M. RIGGS having applied for letters of administration on the Estate of said Deceased & the Court being satisfied of his right to obtain them.

It is ordered by the Court that he the said James M. RIGGS be appointed administrator of the goods & Chattels rights & Credits of said estestate who gave bond with Thomas O. HUNTER & John SHUFFIELD securities in the sum of Three hundred dollars.

On motion it is ordered by the Court that James BAXTER Thomas McKEE & William WILDER be appointed Commissioners to lay off one years provision for the widow of R. L. WILLIAMS deceased & report to the next term of this Court.

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Asa HOLLAND, William CRUNK and Matthias NICHOL who was appointed Commissioners &C at a former term of this Court report-as follows (to wit)

State of Tennessee, Marshall County
In obedience to an order to us directed from the County Court of said County we do divide the hands as follows Isham R. HOUZE tp have his own hands, William D. HOUZE, William T. SCOTT & all other hands in the above bounds, J. J. B. CRUNK to have the following hands that may be on CAMPBELLS plantation, William CRUNK and all hands on his plantation, George WOODWARD and all hands on his plantation, George WOODWARD and all hands on his plantation Abner G. JONES & all hands on his plantation, James B. TALLEY & all hands on his plantation and all other hands in the above bounds.

S. C. CHETWOODa the following hands G & L LEONARDS plantation D. BLAKEMORE and all hands on his plantation Richard WELCH house the house where L. M. GRAY lives all hands on S. C. CHETWOODS plantation, Peter LUNA & all hands on his plantation all hands on BRIANTS plantation & Caswell LEE & all other hands that may be in the above bounds. James PATTERSON to have the following hands all hands living on the branch west of P. W. BROOKS that the Lewisburg road runs up, James WILSON to have the following all hands on his plantation all hands on Orson GRAYS plantation B. B. MERRITT plantation William NORWOOD, A. R. LARWOOD Henry TALLEYS plantation and Samuel TALLEY, James B. LUNA to have all the hands assigned him by the previous Commissioners west of the Nashville road with the Exception of H. TALLYS plantation and Samuel TALLEY, All of which we humbly submit to to the consideration of the Court. Issued,
Asa HOLLAND
Wm. CRUNK
Mattias NICHOLS
Which report being seen and by the Court fully understood was in all things confirmed and made the order of the Court and ordered to be entered of record.

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Martin ADAMS Adam MILLER & Edward OSTEEN who were appointed Commissioners at the December term of 1837 of this Court to set apart one years provision for Elizabeth STAMMERS widow of Thomas STAMMERS Decd reported as follows – Viz- State of Tennessee, Marshall County.

We the undersigned Commissioners met agreeable to an order from the county Court of said County at the December term 1837 to lay off a years privision for Elizabeth STAMMERS. We lay off a Crib of corn supposed to contain Fifty barrels of Corn Fifteen hundred pounds of pork forty pounds of coffee, Eighty pounds of sugar, Two cows & calves- two hundred pounds of seed Cotton, a stack of fodder. December 20, 1837.
Martin ADAMS
Adam MILLER
Edward OSTEEN
Which was ordered to be recorded.

William O. RUTLEDGE Guardian of Obadiah P. RUTLEDGE exhibited in open Court his account as guardian, which been seen by the Court and sworn to by said guardian as the law directs was received and ordered to be recorded.

Levi GARRETT guardian of Leroy L. FARMER, Thomas L. FARMER & Elizabeth FARMER heirs at law of Clement L. FARMER exhibited in open Court his account as guardian which being sworn to as the law directs, was ordered to be recorded.

State of Tennessee, Maury County.
County Court, January Term A. D. 1838.
On motion of Gideon J. PILLOW Esqr and it appearing to the satisfaction of the court that William O. TITLEDTGE was appointed by this Court as a former term Guardian of the minor heirs of Thomas RUTLEDGE deceased and that since his appointment as Guardian of said
minors he and said minors have been stricken off from Maury_attached to Marshall County & that he has been duly appointed by the County Court of Marshall County Guardian of said minors. It is therefore considered & ordered by the Court that the said William O. RUTLEDGE be released from making settlement with the Court as Guardian of said minors and that he make

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his settlements with the his settlements with the County Court of Marshall County.
I William E. ERWIN Clerk of the County Court of Maury County certify the foregoing to be a true copy of the order of record in the above case as the same now appears and remains of record in my office.
Witness my hand at office this 9th day of January A D 1837.
Wm. E. ERWIN Clerk of Maury County Court.

State of Tennessee, Maury County.
County Court September term A. D. 1837.
On motion and it appearing to the satisfaction of the Court that Thomas D. KENEDY was appointed by this Court at a former Term guardian of Minerva Ann EAVENS a minor heir of John EAVINS deceased & since his appointment his ward has been stricken off into Marshall County and that he has been appointed guardian of said minor by the County Court of Marshall County

It is therefore ordered by the Court that the said Thomas D. KENEDY be released in futire from making settlement with this Court as Guardian of said minor & that in the future he make his settlements with the County Court of Marshall County, A true Copy from the records.
Witness: Wm. E. EVANS Clerk of
Maury County Court.

Minerva Ann EVANS minor heir of John EAVINS deceased Exhibited in open Court his account as Guardian which being sworn to as the law directs was ordered to be recorded.
Thomas C. H. MILLER Guardian of Thomas WILSON, Hulda M. W. WILSON, James T. WILSON Pleasant A. WILSON Mary WILSON John R. WILSON Exhibited in open Court his account as guardian which being sworn to as the law directs was ordered to be recorded.

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Peter WILLIAMS Thomas WILSON and William COWDEN who was appointed at a former term of this Court commissioners &C reports as follows (to wit) We the undersigned free holders of Marshall County after being sworn have proceeded to set apart to Mary KENEDY widow of James KENEDY deceased so much of the crop and provisions on hand as will be
sufficient in our opinions to support her and family one year from the death of her said husband we set apart to her for said purpose the following articles (to wit)
Fifty Barrels of Corn Fifteen hundred pounds of Pork one beef Steer one Cow and Calf five hundred Bundles of Fodder and five hundred Bundles of oats one Barrel of Salt weighing 300 pounds Fifteen Bushels of wheat and all of the Cotton and wool on hands Twenty five pounds of Coffee and Twenty five pounds of sugar one pound of Pepper one Pound of Spice and one pound of Ginger all of the soap on hands. Given under our hands and seals this Nov. 1837.
Peter WILLIAMS (seal)
Thomas WILSON (seal)
Wm. COWDEN (seal)
Which report was in all things confirmed and ordered to be recorded.

State of Tennessee, Maury County Court, September Term A. D.
On motion and it appearing to the satisfaction of the Cort that John W. RECORD was appointed by this Court at a former term guardian of William H. EVANS a minor heir of John EVANS Decd and since his appointment, he and said ward have been stricken off into Marshall County, that he has been appointed guardian of said Minor by the County Court of Marshall County. It is therefore ordered by the Court that the said John W. RECORD be released in future from making settlements with this Court as guardian of said minor and that in future he make his settlement with the county Court of Marshall County.
Witness Wm. E. ERWIN Clerk.

John W. RECORD guardian of William H. EVANS a minor heir of John EVANS Deceased Exhibited in open Court his account as guardian which being sworn to as the law directs was ordered to be recorded.

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John SHUFFIELD Administrator of all and singular the Goods and Chattels Rights and Credits of Arthur SHUFFIELD Deceased presented to Court his account of sales of the property of said intestate which being duly sworn to was ordered to be recorded.

Elizabeth STAMMERS Administratrix & Demore R. D. DOLYN Administrator of all and singular the Rights & Credits, goods and Chattels of Thomas STAMMERS Decd presented to Court their account of sales of the personal property of said intestate which being duly sworn to as the law directs was ordered to be recorded.

Thomas D. KENNEDY and John R. HILL administrators of all and singular the goods & Chattels, rights & Credits of James KENNEDY Deceased, presented to the Court an Inventory of property and effect of their said intestate, Together with an account of sales of the effects of their intestate which being severally sworn to was on motion ordered
to be entered of record.

James P. DYSART and Robert C. DYSART Guardian of the minor heirs of John DYSART Deceased Exhibited in open Court a Certified Copy of a settlement with the County Court of Bedford County showing the amount of funds for which they are accountable as guardians- together with a return of other effects in form of a return which being sworn to as the law directs was by the Court ordered to be entered of record together with said Certified Copy as aforesaid.

The last will and Testament of Christopher HOUSTON Decd- was produced in open Court, together with the verdict of the Jury & Judgement of the Court of the proceedings had thereon in the Circuit Court of Marshall County at te November term of 1837 of said Court,
establishing said paper as the last Will and Testament of said Christopher HOUSTON Deceased and was by the Court ordered to be recorded. And upon motion it is ordered by the Court that letters Testamentary issue to John RAMSEY & James L. HAYNES, who accordingly executed bond in the sum of Thirty thousand dollars, with Alexander STINSON David RAMSEY and Samuel RAMSEY Securities thereto, and took the oath prescribed by law for qualification.

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Ordered by the Court that Thomas WILSON and William WILKS be appointed Commissioners to settle with Jesse MORTON Guardian of the minor heirs of Bird STAMPS deceased and make report as the law directs.

On motion Court adjourned untill nine o’clock tomorrow morning.
Jno. HATCHETT Chairman
Asa HOLLAND J.P.
James REED J.P.

Tuesday MORNING February 6th 1838.
Court met according to the adjournment present John HATCHETT Chairman E. HUNTER James REED and Asa HOLLAND, Gentlemen Justices of the peace.

It having been represented to the satisfaction of this Court that John H. MOORE has departed this life leaving no last will and Testament.

And C. H. HOLT having applied for letters of Administration & the court being satisfied on his right to obtain them- on motion it is ordered by the Court that C. H. HOLT be appointed administrator of all & singular the goods & Chattels, right & credits of the said MOORE deceased he having given bond & security in the sum of Twenty thousand dollars with Thomas WILSON T.G. EDMONDSON & Joel GIFFORD his securities & took the oath prescribed by law.

The last will and Testament of William DUNCAN Deceased was produced in open Court, together with the verdict of the Jury & Judgement of the Court of the proceedings have thereon in the Circuit Court of Marshall County at the November term 1837 of said Court
establishing said paper writing as the last will and Testament of the said William DUNCAN Deceased, and the same being also proved by the testimony of William D. EMMERSON & John W. RECORD sunscribing witnesses thereto and was by the Court ordered to be recorded. And upon motion it is ordered by the Court that Letters Testamentary issue to Joseph DUNCAN who accordingly executed his bond in the sum of five thousand dollars with Hugh B. BIGHAM & Josiah DUNCAN Securities & took the oath prescribed by law for qualification.

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On motion it is ordered by the Court that Talbot ARTHUR Joel GIFFORD & Ashley MOORE be appointed Commissioners to lay off one years provision to —– MORE, the widow of John H. MOORE Deceased. Issd.

Ordered by the Court that William WILKS Esqr. Peter WILLIAMS Esqr William McGREGOR, John B. FOWLER & James BOYET appointed to value a tract Land whereon Joseph DUNCAN now lives according to the conditions of the last Will & Testament of William DUNCAN Decd. Issued.

William WILLIAMS Jr appeared in open Court & took the oath to discharge the duties of Deputy Clerk according to law.

John W. RECORD Trustee for Marshall County reported to this Court in the following words & figures following to Wit-

“Report of the Trustee of Marshall County 1838.
In conformity with the Law which makes it the duty of the Trustees in the State of Tennessee to make report to the Courts of their respective Counties at the second term thereof after the first day of January in each year, I herewith submit to the worshipful County Court of Marshall County the following report- To wit-
Reced from J. R. HILL Sheriff of Marshall County the sum of $910.00
Received of D. MaGAHEY Clerk of the Circuit Court of Marshall County fines & forfeitures 102.50
Received of M. W. OAKLEY clerk of the County Court of Marshall County fines & forfeitures 1837- 2.50
Recd for strays 49.62 ½
___________
$1064.62
Paid out by the order of the worshipful County Court of Marshall County 799.68 3/4
Clerks Commission on fines & forfeitures 2. 50
____________
$ 802.18 3/4
Sworn to in open Court, February 1838.
M. W. OAKLEY Clerk John W. RECORD County Trustee

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Ordered by the Court that the order made at the last term of this Court requiring the Sheriff of Marshall County to bring all the children of Catherine BALLARD a widow of said County to this Court to be revived.
And thereupon Court adjourned until Court in Course
Jno. HATCHETT Chairman
Asa HOLLAND J. P.
James REED J. P.