BEDFORD COUNTY, TN - COURT - Archibald Yell & Jonathan Webster vs. Jane Meddows ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Steve Carson carson@siggraph.org ==================================================================== Case records, A. Yell & J. Webster vs. Jane Meddows TSLA, Bedford County Tennessee Chancery Court Minutes, Vol 1--August 1830-December 1842, Roll 77, Pages 86-93 Archibald Yell & Jonathan Webster vs. Jane Meddows To the Honorable James C. Mitchell and of the Judges of Law and Equity in and for the State of Tennessee. Your Orator Jonathan Webster & Archibald Yell, the former residing in Bedford County & the latter in Lincoln County Tennessee, Represent to your Honor that on the 22 day of June 1818 Michael Meddows a citizen of Bedford County Tennessee Made and executed his last Will and Testament of that date as will be more fully seen by reference to a copy thereof marked A figured to be made a part of this Bill in which last Will & Testament he devised bequathed to his Wife Jane Meddows all his Estate & other Real & personal during her life or Widowhood and at her death that his property or Estate be equally divided among his Children, To Wit My Son Riley's Heirs (William & Washington), Mehaley, Williams, John, James and Jemima, Ann, Henderson, Rebecca, Pumphy, Ephraim G. & Jane making in all at the time of the execution of the Will, and at the death of said Michael Meddows (which was as well as now Recollected in the year 1819 <)> ten Legatees besides the two Heirs of Riley's (William & Washington) who was entitled to one Share of the Representation of their deceased Farther , Riley Meddows. Since the date of said Will & Since the death of Said Michael ,Washington has Since died Intestante & without Heirs and also James one of the Legatees & who was entitle to a first share has since the death of Michael died Intestate & without Heris , leaving only eleven Legatees to entrust said estate at the death of Said Jane Meddows, Your Orators State that all the Legatees are of age and that said Jane Meadows is a Resident Citizen of Bedford County at this time and has in her possessions a small tract of Land the quantity not given but supposed to be worth one hundred or two hundred dollars-- which land has been Paid by her so far as she has paid out of the property & proceeds of the balance of the personal estate consisting among other property, the following Negroes to wit Francis about Forty Years of age worth about $200 Amos about Thirty Years of age worth about four hundred dollars Bal about Ten Years of age worth Three Hundred dollars Silvy, about eight years of age, worth Three Hundred dollars Triny about Six years of age worth about two Hundred & fifty dollars Manerva between 3 & four years old worth one hundred & fifty dollars, Matt about two years old worth one hundred & fifty dollars Making the Sum of ninteen hundred & fifty dollars, besides the land & other personal property not now able to discribe all of the above property is under the controle and management of said Jane Meddows & also is entitled to the use and property of the same during her life at which time the property is to be divided equilly between the Heirs before mentioned, your orators state that they have become interested in said estate two shears to wit Williams and Henderson as will be more fully seen by Refferance to Exibet B & C which is prayed to be Received and made a part of this Bill by purchaise from Said Haggard. Your Orators State this Michael appointed James Meddows, his son & Mosly Harris his Executions but Neither of them have taken upon themselves the administration thereof, Jame having died not verry long after his Father Michael & we once enjoined that Mosly Harris to Administer & so that the whole amount of said property is at the mercy and disposal of Said Jane Meddows, who we have been informed has been attempting to sell and dispose of a part of said Negroes & should Her sell or take the property out of the County the Heirs and Legatees may never be able to Recover these from the purcharers as attempts have been made to Sell Your Orators cannot tell at what moment the whole or a part of Said property may be sold or taken out of the Jurisdiction of this court your Orators Requiring the Said Jane Meddows be compelled to give Bond and Security in such an amont as will secure and compel here her securities to be delivered up said Negroes & Real Property at her death to those who are entitled to the Same, and your Orators further pray forthwith for their delivery according to the within prayers & your Orators further pray that if the said Jane Meddows should fail or refuse to give Security that your Honor will order and direct that the Said Negroes be taken into possession by the Sheriff of Bedford County who shall deliver them To your Orators by there entitity their Bond with good and approved Security for there delivery at the death of said Jane Meddows to the Legal Heirs or Representation of Said Michael deceased in such sum as Your Honor may direct & that we be directed to hire out said Negroes for the support & Maintainice of the widdow during her life & the surplus to be paid over and accounted for according to law to the other Legatees your Orators therefor pray that the Said Jane Medders be made a Deposition to this Bill & to Answer all & every Charge here in contained as fully as if they were again Repeated and that she be compeled to abide by and perform Such orders as Your Honor may think the Justice & Equity of the case may Requrre and that Your Honor may grant other & further relief as Equity may demand This is the first application for an Injunction Gilchrist Attorney for Complainants State of Tennessee, Bedford County--This day pursonally appeared before me Daniel McKisick clerk of the Circuit Court for the County of Bedford, Archibald Yell one of the Complainuts in said Bill and made oath that the facts Stated in Said Bill wer true to the best of his Knowledge & belief are such as he states upon the information of others he believes to be true. Sworn to & subscribed before me this 4th day of February 1834 A. Yell Daniel McKisick, Clerk To Daniel M. Kisick, esquire, Clerk of the Circuit Court of Bedford County Tennessee Greeting. Let writs of Injunction issue in the nature of in our attachments and Subpenos issue as well as a copy of the Bill issue as prayed for in the forgoing Bill of Complaint upon the complainants giving bond and Security as the law directs--and in the court the said Defendant shall fail to give the Security required in said Bill then Sheriff must be directed to take the said Negroes into his possession and to hire the same out to the highest bidder for cash payable at the end of the Six Months from day they are hired and the said Negroes is to be hired for the term of Six Months--and the said Sheriff will take bond and good securty for the hire as well as for the Same return of said Negroes in for Decree with Such order as the court may make in the premises. Given under My hand this 5th day of February 1864 J. C. Mitchell, Judge of the 11th Judicial Circuit of Tennessee Exhibit A In the name of God Amen I Michael Meddow of the State of Tennessee and County of Bedford being Sick of Body but of Sound mind and memory do make and publish and order this My last Will and Testament Revoking all Others Other heretofor made by me. Item. I give my body to the dust and my soul to God . My desire is after all my Just debts are paid that my Wife Jane Meddows Shall have all my Estate Both real and personal during natural life or widowhood and and and at her death my desire is that that my Estate be Equally divided among my Children to wit my son Rileys heirs William and Washington. Mehaley. William. John. James, Jemina Ann, Henderson, Rebecca, Pomphit G., Ephriam G,. and Jane on Testimony whereof I have Set my Hand this 22th day of June in the year of our Lord One Thousand Eight hundred EighteenI appoint my son James Meddows and Mosly Harris, administrator to this my last will and Testiment Michael Meadows in the presance of Mosly Harris, Jurat John Taylor, Jurat (document appears to be a copy) Exhibit B This Indenture made & entered into this 12th of October 1833 beteen Williams Meddows of the County of Bedford & State of Tennessee of the one part and Samuel Haggard of the County & State aforesaid of the other part, Witness that for & in Consideration of the sum of One Hundred dollars in hand paid the Receipt whereof I the Said Williams Meddows do hereby acknowledge the given granted bestoyed and Sold aliened conveyed & confirmed & by the presents doth give grant Bestow Sell, alien convey & confirm unto the Said Samuel Haggard his heirs and assigns forever all my right title claim and interest which I now have or may hereafter have in the estate of my deceased Farther the late Michael Meddows according to his last Will & Testament or as law may direct which the Same be in cash, Land Negroes or other property. To have and hold my part of Said estate as aforesaid with all & singular the rights, Prophets & income of the same to the only proper use and benefit of him the Said Samuel Haggard his Heirs & assigns for ever & I the Said William Meddows for myself my heirs & assigns doth covenent and agree to & with the said Samuel Haggard his Heirs & assigns that the before recrited claim & interest in said estate aforesaid In Testimony wherof I have hereto Set My hand & offered my Seal the day & date first above written Williams Meddows Signed, Seel & acknowledge in the presants of Hamilton Bradford G.G. Osborne R. Haggard Copy State of Tennessee, Bedford County--This day pursonally appered before me James McKisick of the county court Williams Meddows the within named barganor & acknowledge that he executed the within Deed for of Relinquisment for the purposes therein contained Witness my hand at office this the 11 day of November 1833 James McKisick, Clerk State of Tennessee, Bedford County--I, Thomas Davis, Register of said County do certyfy that the within Relinquichment and certificate where duly Registered, Book DD, page 221 November the 11th 1833 Thomas Davis Registrar aforesaid For & in consideration of the sum of one Hundred Dollars to me in hand pid , I have this day assigned & conveyed & & transfered unto Jonathan Webster & Archibald Yell all my Right title Claime & interest to the within conveyances from Williams Meddows to me of all the interet on the estate of his Farther Michael Meddows Deceased, without recourse on me within Law or Equity for Real Regard. Witness my hand & seal this the 3rd of February 1834 Samuel Haggard R. Haggard Copy Exhibite C This indenture made and entered into this the 12th October 1833 beteen Henderson Meddows of the County of Bedford & State of Tennessee of the one part and Samuel Haggard of the County and State aforesaid of the othe part Witnesseth that for and in consideration of the Sum of Seventy five dollars in hand paid the recept whereof I the said Henderson Meddows do hereby acknowledge that given granted bagoned Sold aliened conveyed & confirmed and by the presants doth give grant Borgon Sell alien convey & confirm unto Said Samuel Haggard his Heirs & assigns for ever all my Right claime and Interest which I now have or May hereafter have in the estate of My deceased Farther the late Michael Meddows according to his Last Will & Testament or as the law may thence direct whithe the same be in cash Land and Negroes or other property. To have & to hold my part of Said estate as aforesaid. With all & Singular the Right Prophets & Income of the same to the only proper use & benefit of time the Said Samuel Haggard his heirs and assigns forever & I the Said Henderson Meddows for myself My heirs & assigns doth & to & with the Said Samuel Haggard his Heirs and assigns that the claim & Interest in said estate aforesaid. In Testimony wherof I have herunto set my hand and affixed My Seal the day & date first above written. Henderson Meddows Signed sealed & acknowledge in the presence of us J. Norvill E.G. Meddows R. Haggard State of Tennessee, Bedford County--This day personally appeared before me James M. Risick Clerk of said Court Henderson Meddows the Within named borgonor and acknowledged that he had executed the Within Deed of Relinquishment for the purposes therin contained. Witness my hand at office this the 11th of November 1833 James McKisick, Clerk State of Tennessee, Bedford County-- Thomas Davis Register of said County Do certify that the Within Deed of Relinquishment & forgoing certificate weare Registered in Book DD, Page 219 & 220 Thomas Davis, Register aforesaid Shelbyvill February the 3rd 1834, For & in consideration of the sum of one hundred dollars to Me in hand paid I have this day assigned & conveyed unto Jonathan Webster & Archibald Yell all my right title Claime & interest to the within obligator from Henderson Meddows to me of all his interest in the estate of his Farthers Michael Meddows, deceased & without Recourance on an other in law of Equity for sel . Received my hand & seal this day & date above with R. Haggard Samuel Haggard Copy Answer The answer of Jane Meddows, a citizen of Bedford County Tennessee, to the bill of complaint of Archibald Yell and Jonathan Webster filed against her in the circuit court of said County and State. Respondent, now and at all times hereafter--saving and reserving to herself all benefits of exception to the many errors, insufficiences and misstatements in Said bill of complaint contained as exibited against her for answer, thereto or to so much thereof as she is advised it is material for her to mak answer unto, answer and says That it is true Michael Meadows departed this life a number of years Since, having past to wit on the 22nd day of June 1818 signed, sealed & published his last will & Testament, which remained unaltered & unrevoked at his death and which she believes is correctly exhibited, marked A and made a part of complainants bill. She also admits that the executors named in said Will never quallified and took upon themslves the exeutor of the same one of them having died and the other refusing to act, and is is also true that no administrator with the will answered or in any other form has was been appointed to administer on said estate or convey the provision of said will into effect, Respondent states she is the widow of the said Michael Meadows deceased and that in pursuance of said last Will & testament, she has had all the property left by her deceased husband in her possisseon until the right negroes who are the negros & the that to his estate wer taken out of her possession by the sheriff under the order of the Judge and hired out. Respondant has no personal Knowledge of the interest of complainants in her deceased husbands estate and she can not admit any thing about the exhibits made by the Shuising? there interest. If they have any interest directlly or indirectley presantly or in future, in said or remainder. She request the strictest proof of it. Respondent denies the charge in Complainants bill that she has attempted to sell any of said Negroes, to have them Scattered to parts unknown, or to do any act in regard to them that could injure them who are entitled to the interest in remainder. She denies having wasted or in any way injured the Value of her deceased husbands estate. She has been prudent and careful in its management, and has done eveything in her favor in increase its value. Most of those who have an interest in Said estate at the turmination of her life estate are her children or her near relations intrust She could not feel otherwise than disirous of promoting, and she could have no motion to do any act that would be injurious to their interest. Respondant purchaised a small tract of land it being the Same wheron she resids , and which is mentioned in Complainant bill for which she had not instanly paid and having unfortunate with her crops she proved it necessary to purchase some corn & which somewhat involved her in debt and embarrassed he about paying for her land, In this situation she was advised by her neighbors and by Some of those who have an entrust in remainder in Said Negroes, to Sell one of them and with the proceeds pay her debts, this She at one time thought of doing, provided the sale of her interest could be made to some of the legatees under her husbands Will but She had no thought of ever letting them go into the hands of a Stranger for She had raised them all since her husbands death except two who were left by him and her regreat at parting with them would have been inferior only to the sight of parting with her own children. At one time, Some of her creditors threatened to Sue her and execut and Sell one of the Negroes in view of what, She remembered to have expressed a wish if any one of them was sold that Colonel Henry Coffee Should becom the purchaser. She Knew him and believed if any one of the negroes fell into his hands he would treat it humanly. Respondent has above give a Minute, and she believes a correct account of all She once Said or did in relation to a sale of any of said Negroes; and as far as She ever had any conversation on the subject it was never to those who are entitled to as trust in remainder in them, than to any other person; and the last idea that could have evear entered into her imagination, would have been to do any thing to injour them, or either of there interest. Respondent states that ever the idea of disposing of any of Said negores in the maner as above stated was above and long before the filing of Complainants bill and wer before Samuel Haggard from whom Complainant professes to have acquired there interest had sold to them Respondant and the proceeds of same being so far as it would be More than Sufficient to support her to apply to the payment of her debt, She Accordingly had for a fire price and had she bee purmited to puruse that cause withe them she would have been able to pay all her debts in a short time besids deriving from their Services a support. All these matters and all her places & arrangement about them wer fully Known & Agreed by Samuel Haggard before her parted with his interest in the estate. Respondant sheweth that So for for one wishes or attempting to injure the remainder more in said estate the complainant have done her a great injury, They have caused the Negroes to be taken by the Sheriff out of the possession of those to whome She had paid them, and rehired them for a much Smaller Sum than She had hired them at. They have by so doing alarmed her creditors and caused them to push her for the payment of there debts by which means She has been Striped of every thing her possessed which has been sold under execution and that at a sacrificed. Had they premitted her to pursue the cause she had with the prophets She would have been unmolested by her creditors and then debts would all have been Shortly pay Even the little track of land She had purchaise to afford him a home in helplessness old age has been one and will shortely be Sold. And have respondant would state that the land which complainant in there bill Set upon it is true she paid for it as for as payments were made, out of the profits derived from the labor of the aforsaid Negroes, he is advised She had a right to invest the proceeds of there labor in land or other property she thought proper and it would not pays under her deceased husbands will, and those who have an interest in remainder under Said will, and those who have an interest in remainder under her. She insisted that she his a right to sell or give away Said land, as much as she would have a right to give away the money she may recive for the hire of said Negroes, and the Complainants cannot gain say it they having no interest or claim Whatever to the same. Having fully answered and denignes all formed wherewith she stands charged. She prayes that the complainant bill may be dismissed, that she may be replaced in the possession of the Negroes aforesaid and that she may receive from the complainants her cost in this behalf approved. Respectfully, L. Ready, Solicitor State of Tennessee, Bedford County--Circuit Court June term 1834 Personally appeard in open court, Jane Meddowes, the Respondent in the foregoing answer and made oath that the facts therein stated as of his own Knowledge are true and those stated upon information She believes to be true. Jane Meddows Sworn to & subscribed before me this 5th day of June 1834 Daniel McKisick, Clerk Said Complaint from replication to said debts answer sayes that Said Answer so far as it contradicts the statement in said Bill is untrue insufficient & that this will & prove Bill & the material alegations therein made to be true & sufficient all which are ready to Jury and pray as in & by there Said Bill they have abundanly prayed Gilchrist, Attorney Decree Archibald Yell & Jonathan Webster vs. Jane Meadows Be it remembered that this cause come on to be heard on the 15 August 1837 before the Honorable Lunsford M. Bramett Chancellor, & upon Bill, answer and testimony, as well in behalf of the complainant as the defendant, and it appearing to the satisfaction of the Court that the plaintiffes had good grounds for suffising that Jane Meddows intended to sell some of the negroes in which she had a life estate, to the manifest pryndice of the remainder interest of the complaintants , It is therefore ordered adjudegd and decreed that the said Jane Meadows give bond and securty to the Clerk & master that Said Negroes be not removed out of the jurisdiction of this court, and that they be forthcoming at the termination of the life estate of the said Jane Meadows in the sum of Thirty nine hundred dollars, being double the amount of the value stated in the complainant bill of said Negores, and that the remains of the negroes be recited in said hand It is further ordered adjudged and decreed that the defendant pay all the cost of this suit not heretofore otherwise directed by this Court except the cost of taking the deposition of Nathan Roberts which the plaintiff shall pay and the execution issue.