BEDFORD COUNTY, TN - COURT - Chancery Court Records Naming Children of Hardy and Evaline Jane Gambill Pope ==================================================================== 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Joy Q. Gallagher gallagherj@cafes.net ==================================================================== Chancery Court Records Naming Children of Hardy and Evaline Jane Gambill Pope Bedford Co., TN Chancery Court Record Book B, pages 489-491 John Pope} vs O. Bill Jane Pope & others} Filed 28 February 1852 The Bill of complaint of John Pope a citizen of Rutherford County Tennessee filed in the Chancery Court at Shelbyville, against Jane Pope, Mary Pope, Martha Pope, Ezzell Pope, Frances M. Pope, Jackson S. Pope, Calloway Pope and John Pope, the last seven of whom are minors, and have no regular guardian - and all of whom reside in Bedford County Tennessee. To the Hon'l B. L. Ridley, Chancellor & c - Humbly complaining your orator John Pope would respectfully represent unto your Honor that John Gambrole departed this life in Rutherford County some years ago having previously made and published his last will and testament in which he devised to his daughter Jane Pope who was then the wife of Hardy Pope, all that part of his estate which he desired her to have free from the control and debts of her husband during her natural life and at her death to descend to her children, and by his will he appointed John Hall Trustee for the benefit of Jane Pope and her children. Your Orator would also show unto your Honor that after the appointment of John Hall as such Trustee, he became desirous of being released from his said trusteeship, and in pursuance of such desire, he applied to the County Court of Rutherford County at its Term 184 , to be denuded of his said trust, which was by said court decreed, and your Orator appointed in his place, that he accordingly entered upon the discharge of his duties of such Trustee, after giving bond and security for the faithful performance of his duties as such. Your orator will also state that since his said appointment, he has faithfully performed his duties as such trustee, managing & controlling the property devised to Jane Pope and her children in such a manner as to support and maintain the family, and not diminish the original fund, but the same has increased in value. That in pursuance of a decree pronounced by the Honorable Chancery Court at Murfreesboro, upon a regular petition filed by your orator, your orator was instructed to sell a small tract of land in Rutherford County and invest the proceeds in the purchase of another tract of land, so as to promote the best interests of the beneficiaries in the Trust, that in pursuance of said authority, and with the assent of Mrs. Jane Pope, he did on the 25th day of August purchase of Spions Ward for the consideration of nine hundred dollars, two tracts of land lying in Bedford County in District No. 10, containing about one hundred and twenty acres, and for a more full description of which, reference is here made to the deeds executed, and which are registered in the Register's office of Bedford County, copys of which will be produced at the hearing, the said Jane Pope and her children reside on one of said tracts of land, and the other is some distance from the other one on which she lives, and can be disposed of in such a manner as not to injure the place where she resides. Your orator would now state that Hardy Pope who was the husband of Jane Pope, but who is now dead in part consideration of said land, and for corn fodder and provisions for the use of his family and which was necessary to their maintenance and support, executed his note for the sum of $75.00, due 25th day of December 1851, payable to Spions Ward, and on which your Orator John Pope and William were the securities of said Hardy Pope, and which note by agreement of your orator and the said Hardy Pope was to be paid for out of the trust funds which might be in your orators hands belonging to said Jane Pope & her children, and which was agreed to by Jane Pope herself. Your orator states that he has been sued on said note, that he has no funds of which he can pay said note, but about the sum of $70 or $80, and he is advised that under the facts of this case, he has a right to come into this Honorable Court and have so much of said land sold as will pay said note which was executed in part payment of said land, and corn and provisions which was necessary for their maintenance and support, and which ought in Equity to be refunded to your orator. That the said Trust estate consists of two slaves an old woman "Zine" and a boy named Solomon, and some other personal property, but that all of said property is much more necessary for their support and comfort, and which they can less easily spare than a part of the land which your orator asks to have sold. The premises considered your orator prays your Honor to make the parties named in the Caption of this Bill, defendants of the same, that copy & Subpoena issue & c, and that they be required to make full & perfect answers to the several allegations in this bill contained, as fully as if here repeated in the form of interrogatories, and at the final hearing will your Honor decree a sale of so much of the 59 140/160 acre tract as will be necessary to pay said debt and the costs of this proceeding, and such other decree as to your Honor may seem right and proper. And as in duty bound your orator will ever pray & c. E. & H. Cooper Sols. for Compt. The separate answer of Jane Pope to the Bill of John Pope filed against her & Mary Pope & others in the Chancery Court of Bedford County. This Respondent saving and reserving & c, for answer to complainants Bill, says, that it is true that John Gambell departed this life as stated. It is true that he made & published his last will and testament before his death. It is true that John Gambell was the father of Respondent. And it is further true that he devised Repondent's share of his estate to be held by John Hall as Trustee, for the sole and seperate use of Respondent, free from the debts of Respondents then husband Hardy Pope. Whether the limitation was to Respondent for life only with remainder to her children depends upon the construction of the testator's will, which question Respondents submits to the Court. It is true that John Hall was removed or released from his Trusteeship, and that complainant was appointed in his room and stead, who took upon himself the Trusts created by the will of testator, having given bond and security. Respondent denies that complainant has faithfully performed his duties as Trustee, on the contrary such has been his neglect, in that respect, that Respondent has lately been compelled to file her Bill against him in the Chancery Court for Rutherford County to make him account and have him removed and denuded of his Trust, which said Bill is now pending. Respondent denies that Complainant has managed and controlled the trust property devised to Respondent in such a manner as to support her and her family, on the contrary her husband Hardy Pope in his lifetime living upon Respondents land and having possession of her negroes made a support for the family. Respondent devised a tract of land, or rather three small tracts of land from her father's estate, which was sold by said John Pope, and the proceeds vested in other land, the excess in value of the land so purchased being paid out of moneys devised in her father's will, and held in trust for Respondent's sole and seperate use. The land so acquired was sold by virtue of a decree of the Chancery Court for Rutherford County on petition of Respondent and Complainant, and the proceeds vested in the land in Bedford County mentioned in Complainants Bill. It is true that Complainant did purchase of Spios Ward for the consideration of $900, two tracts of land as stated in the Bill, containing about 120 acres. It is true that said purchase was made by & with the assent of Respondent, who does not now seek to set the same aside. Respondent and her children reside upon one tract, the other being seperated from it by a strip of land about three hundred yards wide, but is essentially necessary to the tract on which Respondent resides, the last having no timber of any account. Hardy Pope was the husband of Respondent and is now dead. Respondent denies that her husband Hardy Pope executed his note for part of the consideration for said land. If he ever did any such thing Respondent knows nothing of it. It was totally unnecessary for Hardy Pope to give his note either for the purchase money of said land, or for corn & fodder or provisions for his family. By the petition of the Complainant and Hardy Pope & Respondent filed at the October term 1849 of the Chancery Court for Rutherford County, which petition Complainant himself procured to be filed, and by the decree rendered thereon on the 23rd day of October 1849, it appears that Complainant sold Respondent's land in Rutherford County for the sum of $1,150 to one Albert G. Henderson cash in hand. The contract of sale was made before the filing of the petition, the decree ratifying and confirming the sale, vesting the title of Respondent's land in said Henderson, and directing Complainant as Trustee to re-invest said $1150 in other land for Respondent. Respondent answers that he re-invested $900, of the sum for the land mentioned in his Bill, and Complainant has never in any manner accounted for the other two hundred and fifty dollars. If Hardy Pope gave his note for any part of the purchase money for the land in Bedford County, it was totally unnecessary for him to do so, Complainant John Pope having the Trust fund in his hands and retaining the same. It was equally unnecessary for Hardy Pope to have given his note for corn, fodder and provisions in Bedford County, inasmuch as John Pope the Trustee sold upon their removing from Rutherford County, a large quantity of the same articles on the Rutherford farm on their breaking up, and a sufficiency to have supplied Respondent & her family in Bedford County, besides the $250, aforesaid, the difference in the prices of the land sold and purchased. Respondent knows nothing of the alleged agreement between Hardy Pope, Complainant & William Pope about paying the $75.00. Respondent knows nothing of said note. Complainant had ample means in cash belonging to Respondent to pay the purchase money to Ward for the land, he was directed by the Court to so apply it, and if he did not so do, he must have applied the money to his own purposes. Respondent knows nothing of complainant being sued on said note, and if he did not apply the trust fund to payment of the land Respondent insists that he ought to have it now. Respdt. answers that John Pope ought to have a great deal more of the trust fund in his hands than $70 or $80, even if he had paid out $900 for the land. It is true that Respondent has the slaves mentioned in the Bill and some other personal property. But Complainant contests the right of Complainant to have any of the trust or other property sold to pay said alleged debt. She further answers that her Bill filed in the Chancery Court at Murfreesboro would and will settle all matters between them. Respondent begs leave to rely upon the pending of said suit in abatement of this, the same as if she had pleaded. And now having fully answered she prays Complainants Bill be dismissed & c. Buchanan & Keeble Sols. for Respdt. ********* Rutherford Co., TN Chancery Court Minute Book C, pages 42-43 Special June Term 1856 Jane Pope & others} vs } John Pope & others} & } In Chancery at Murfreesboro. John Pope & others} vs } Jane Pope & others} This cause came on for hearing before the Hon. L. D. Frierson, at the Special June term of the Chancery Court sitting at Murfreesboro, upon Bill cross bill, answers, replication & proof, when it appearing to the court, that the equities set up in the cross bill of complainant John Pope, are fully met & denied in respondents answer, & that the same are not sustained by proof it is therefore ordered adjudged and decreed by the court that said cross bill be dismissed & that complainant John Pope pay the cost of the same, for which Execution may issue against him and his securities. And it further appearing to the court, that John Gambill departed this life, having first made and published his last will and testament, in which he devised property to his daughter Jane Pope, during the term of her natural life, and after her death, to her children, and that he appointed John Hall as trustee of said Jane Pope, & her children, to hold the property so devised, and it appearing that said Jane Pope and her husband Hardy Pope, together with John Hall, Trustee aforesaid filed this petition to the Chancery Court, to have said John Hall removed and denuded of his trust, which was accordingly done, and John pope was appointed Trustee in his stead, to execute the trust according to the provisions of said will, that said John Pope, Wm Pope & Jackson Smith, according to the requirements of the decree appointing said Pope, executed their joint bond in the sum of $1500 to G D Crosthwait Clerk & Master of the Chancery Court, that said John Pope should well and truly execute the said trust assigned him. And it appearing that said John Pope Trustee, together with said Jane Pope, & Hardy Pope & their children filed their petition in the Chancery Court for the sale of a certain tract of land in Rutherford County, which sale was made and ratified by the Court for the sum of $1150, and said John Pope ordered to reinvest the proceeds of said sale in other real estate when he purchased two tracts of land in Bedford County, one described as, Beginning on an Elm in Thomas Carltons line Burel Wards North East corner burning West 80 poles to John Wrays North East corner on a stake near a Hackberry thence south 120 poles to a stake, thence East 80 to a stake thence North 120 poles to the beginning containing 60 acres for the sum of $450. The other described as beginning on a forked cedar, John Wrays North East corner turning south 127 poles to an Elm, thence East 70 poles to a stake thence North 49 1/2 poles to an Elm, thence East 2 1/2 poles to a hackberry thence North 47 poles to a stake, thence North East 36 poles to a stake, thence North West 15 poles to a stake thence West with the county line 93 1/2 poles to a cedar thence West 19 poles to a Sugar tree, thence south 3 poles to a cedar thence 19 poles to the beginning, containing 59 acres & 47 poles, for the sum of $450, making the sum of $900, for which Spions Ward made deeds to said John pope, as trustee for John [sic Jane] Pope & her children. And it appearing to the court that said John Pope has abused his said trust, and ought to be removed & denuded of the same, It is therefore ordered, adjudged & decreed by the court, that said John Pope be removed and denuded of his said trust, and that all rights, title & interest in & to said tract of land, be and the same are divested out of John Pope as trustee aforesaid, and the same be vested in said Jane Pope, for and during the term of her natural life, and after her death, in her children their heirs & assigns forever. And that said John Pope be held responsible and made to account for the $218 dollars, the balance of the trust fund, on said purchases, with interest amounting in all to $303, and John pope and his securities William Pope & Jackson Smith, pay the cost of this suit, for which Execution may issue as at law. Note: See John Gambill's will and estate record at the Rutherford Co., TN USGenWeb Archives: ftp://files.usgwarchives.net/tn/rutherford/wills/gambill.txt