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Kincaid vs. Fuller

Transcribed and contributed by Peggy Keen

Kincaid, James M. Adm of George Fuller, Sr vs. George Fuller Jr and others
Roane County, Tennessee Chancery Court 1853

Note: This is transcribed as the original document appears. The date of death for George Fuller was acutally March 16, 1848, according to a broken fieldstone gravemarker.---P.Keen.


To the Hon. Thos L. Williams, Chancelor for the Eastern District holding court at Kingston for the counties of Roane and Morgan.

Humbly complaining show to your Honor Your Orator, Madison Kincade a citizen of the county of Roane That about the month of ? 1847 one George Fuller, Sen. departed this life intestate in the county of Roane Your Orator states that he is the administrator of the estate of said George Fuller legally appointed by the county court of said Roane County Your Orator states that since he qualified as administrator of said estate debts and demands have come against him for payments as administrator to the amount of about Two hundred dollars. These debts Your Orator is advised and believes are valid and good against said estate. Your Orator states that all the personal property and effects of the said intestate are inadequate to the payment of the debts by about the sum of one hundred dollars. Your Orator states that the goods and chattles of the intestates Estate have been sold and the proceeds of the sale amount to the sum of only ninety-two dollars Eighty-cents. Thus it will be seen by your Honor that the personnal assets are greatly insufficient to pay the debts against the Estate. Your Orator now shows to Your Honor that the said George Fuller at the time of his death was seized and possessed of a certain tract or parcel of land lying and being in the county of Roane aforesaid containing about Eight acres and bounded as follows and thus described "in the first range west of the Maridean Hiwassee District First Township Twenty ninth section and the south East quarter of said section Beginning at the south East corner running with the Branch to a poplar on the south side of the big spring Branch being the south west end of said quarter now particularly described and marked in the deed of Conveyance from one Elias Moreland to said intestate as reference being thereunto had will more fully appear.

Your Orator further shows that the said George Fuller left at the time of his death, George Fuller, Joshua Fuller the children of Nancy Fuller who intermarried with one Obed Mattheus and who died before the death of intestate leaving the following Minors her children and heirs at Law to wit Irvin George Susanah James John and Eliza Matheus whose lawful Guardian is the said Obed Matheus all of whom live in Roane County said George likewise left at the time of his death Elizabeth Fuller John Fuller Thomas Fuller Susanah Fuller who married James Gray Anny Newport formerly Anny Fuller his heirs at Law who live in the state of Virginia.

The premises considered the prayor of Your Orator is that the heirs of the said intestate may be made parties defendants to this bill and that those living in Roane County be served with due and proper Process and that publication be made as to the aforesaid heirs living in the state of Virginia and on the final hearing of this cause Your Orator prays that Your Honor may grant a decree for the sale of the aforesaid land for the payment of the aforesaid Debts There being no widow of the said intestate to be endowed. Madison Kincade


Orignial Bill

M Kincade, administrator

vs

The heirs of Geo Fuller dec'd

filed 26th March 1850