Contributed by Ronald Carr Frazor at ronnief@bellsouth.net
© 2000
WILLS AND SETTLEMENTS
ESTATE SETTLEMENT OF GEORGE WINCHESTER FRAZOR AND MARY KIZER
FRAZOR
To the Hon. Geo. W. Allen, judge of the County Court of Sumner County
The bill of William Frazor, Theophilus Frazor, John M. Frazor, George W. Frazor, Elizabeth
Hubbard, J. D. Vaughan and wife Mary Jane Vaughan, and Francis M. Frazor, a minor by
his regular guardian Theophilus Frazor and James Frazor, Adm of G. W. Frazor and Mary
Frazor, wife.
Complainants would show to the Court that they are the children and all of the heirs of
George W. Frazor, except James Frazor who is the Adm of George W. Frazor, and that
said George W. Frazor died in Sumner County in the year 1861, intestate, leaving a tract
of land in said County containing 257 1/2 acres, situated in Dis. No. 9 on Drakes Creek
adjoining the lands of Wm. Boyd, Mrs. Kizer, John E. Turner, Geo. W. Terry, and Wm.
Frazor--they would show that the debts of the estate are all settled up, and that the
widow Mary Frazor is now dead, intestate, and said heirs and children are anxious that
said land be partitioned among them, and they would show that they think it would be to
the interest of all parties to have said land partitioned. They would also show that Mary
Frazor survived her husband but is now dead and James Frazor is her administrator, they
would show that said Mary was the owner of two Negroes; a woman named Jane, aged
17 years and a girl named Tennessee aged about 6 years--they would show that it
would be impossible to divide the two Negroes among the heirs and that it would be
manifestly to the interest of all the parties in interest that said Negroes be sold for
division. They would show that Francis M. Frazor is a minor now about 20 years of age
and that Theophilus Frazor is his regular guardian, they would show that Mary Jane a
daughter of Geo. W. Frazor has intermarried with James D. Vaughan. These premises
considered the parties of age having a right to have their portions in the land set apart
which would amount to a division among all as there is but one minor, ask that said land
be partitioned among the children & heirs of Geo. W. Frazor, and that commisioners be
appointed for said purpose and that the said Negroes Jane and Tennessee be sold for
division among the children of Mary Frazor and they waive publication of the sale in a
newspaper and grant to them such other and further relief as the nature of their case
may demand.
Ben T. Allen (Sol.)
I acknowledge myself security for costs,
Ben T. Allen
Confirmed. ____ is appearing to the Court that the parties in interest were all adults
except one and that they were entitled to have their portions in the land allotted to
them, leaving the share of the minor to itself which would amount to a partition among
all, it is ardered and decreed by the court that G. W. Terry, Hugh Kirkpatrick, Felix G.
Tally, Lee Shute and Stephen Willis be appointed commissioners to partition the land
described in the pleading into seven parts so as to give to each of the seven children of
G. W. Frazor d'd and whose services are set forth in the bill an equal portions in value or
as near so, as possible, and the said commissioners will return their report to the next
time of this court if practicable if not, then to the March term--
And it appearing that it is inpracticable to divide the two negroes among the seven heirs,
and that it would be manifestly to the interest of the minor that said negroes be sold; it
is ordered and decreed that the clerk sell the two negroes mentioned in the bill at public
sale on a credit of twelve months taking note with good security, except one hundred
dollars cash out of which the clerk will pay the costs of this proceeding and will pay B. F.
Allen a fee of thirty five dollars being a charge of five dollars on the share of each
heir-the clerk will report to this court after the sale is made. There being no newspaper
published in the county and the parties having waived a newspaper publication, the clerk
will advertise the sale of the negroes by written notices posted at the court house door
and at the places in the county, ordered that said sale be made at the late residence of
G. W. Frazor d'd
1st
Wm., Theophilus, John M. and G. W. Frazor and others, Ex Parte
This cause comes on for hearing before this 7th January 1862 before Hon. G. W. Allen
judge of the County Court upon the bill of petitioners where the matter was referred to
the clerk to take proof as to whether the land mentioned in the pleadings was
susceptible of division partition and whether the negroes mentioned could be partitioned
and whether it would be to the manifest interest of the minor that said slaves should be
sold for partition. The clerk will report to the present term if practicable.
2nd
Wm. Frazor & others, Ex Parte,
Be it remembered that on this the 7th January 1862 this cause came on for hearing
before G. W. Allen judges upon the report of the clerk which is as follows
Wm. Frazor & others, Ex Parte, In this cause from the evidence of Hugh Kirkpatrick
and G. W. Terry I report that the land mentioned in the pleadings is susceptible of
division partition, and that it is manifestly to the interest of the minor that the land
should be partitioned and that the slaves should be sold for division, all of which is
submitted, This 6th January 1862.
John L. Bugg, Clerk
Which being unexcepted to is in all things.
We, George W. Terry and Hugh Kirkpatrick are acquainted with the lands of the late
Geo. W. Frazor and state that the same lies so that it is susceptible of division and on
account of the present deranged state of affairs in the country, we think it would be to
the interest of all parties in interest that the same be divided. We also know the negroes
Jane and Tennessee and from the fact that there are seven heirs and but two negroes,
we think that it would be manifestly to the interest of the minor that said negroes be
sold for division.
G. W. Terry
Hugh Kirkpatrick
Sworn to in Open Court
John L. Bugg, Clerk
G. W. Terry
Hugh Kirkpatrick
Felix G. Tally
Lee Shute
Stephen T. Willis