FAYETTE COUNTY, TN - COURT - W.T. Averette, Deceased, Court Orders ==================================================================== 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: Sarah Hutcherson sukey@bellsouth.net ==================================================================== TENNESSEE STATE ARCHIVES ROLL #2 FAYETTE County CIRCUIT COURT MINUTES VOLUME I JUNE 1859--JUNE 1866 PAGE 77; October Term 1859 Jos. H. TROTTER, Administrator vs #32 RD Widow, heirs & Distubutees of W. AVERITT Petition To Allot Dower and Sell Land: In this cause, it appearing to the satisfaction of the Court, that Lucy Ann AVERITT; Martha William AVERITT; Robert Washington AVERITT; Ellen Virginia AVERITT; and George Anna AVERITT, are minors under the age of 21 years, and have no regular guardian. It is therefore ordered by the Court that Wm. W. HALL be came and is hereby appointed guardian ad litum for said minors. PAGE 105; October Term 1859 Jos. W. TROTTER, Administrator vs #32 R D The heirs and Distubutees of W. T. AVERITT, dec’d It appearing to this satisfaction of the Court, that process in this cause was regularly issued, and seve--- ? proper, and over time on Lucy Ann AVERITT; Mary Jane CROOK; Madison CROOK;---------? ; A. SOUTHERN; and Benjamin SOUTHERN; defendants in this cause, and that they have failed to plead or answer to the petition filed herein. It is ordered by the Court that the petition be taken for ____? as to the said defendants, and set for hearing Exparte, as to them. PAGE 112; October Term 1859 Joseph H. TROTTER, Administrator vs #32 RD Widow, Heirs & Disterbutees of W. AVERITTE, dec’d Be it remembered, that this day, this cause came on for hearing, before the Hon. John C. HUMPHREYS, Judge, and on petition order pro confessi, and answer of minor Defendants by their Guardians, ad litum, W. W. HALL; whereupon, it is ordered by the Court that the cause be ________? to the Clerk to take proof and ascertain the amount of assets belonging to the estate of W. AVERITT, dec’d, which have come into the hands of the Administrator, and whether or not the same have been, or may by the making of his said report, exhausted in the payments of debts. That he also report what lands the said W. AVERITT, dec’d, seized and possessed of, their value, and whether it will be necessary that the same, or what part of them, shall be sold for the payment od Debts, as well as to the Justice of the debts mentioned in petition---And that he report his action in the presence at the next term of this Court. PAGE 151; February Term 1860 This day came the Grand Jury, into Court, under charge of their main officer, and returned to the Court the following Bill of Presentment and Indictment against M. CROOK for an assault; endorsed a true bill--B. KYLE Foreman of Grand Jury. PAGE 161; February Term 1860 Jos. M. TROTTER Administrator of W. T. AVERETTE, dec’d vs #26 Lucy A. AVERETTE and the Heirs & Distubutees of W. AVERETTE, dec’d Be it remembered that this day, this cause came on, for further hearing before the Hon. John C. HUMPHREYS, Judge, and upon report of Clerk made in pursance of a former order of this Court, which being----? to is in all things confirmed, And it appearing to the satisfaction of the Court from said report, that W. AVERETTE, dec’d, seized and possessed of the two tracts of land mentioned and described in the pleadings in this cause, and that his widow, Lucy Ann AVERETTE is entitled to Dower in the same, and it further appearing that petitioners, as Administrator has exhausted the personal estate of the deceased in payment of debts, leaving just debts serve demands against said estate unpaid - over that it will be necessary to sell the lands belonging to said estate to satisfy the debts due and outstanding against the same. It is therefore ordered, adjudged and decreed by the Court that William RHODES and James F. BELL, in connection with the County Surveyor, be and hereby are appointed Commissioners to allot and set apart to Lucy Ann AVERITTE dower in the lands belonging to the estate of W. AVERITTE, dec’d, over that they report their action in the presences to the next Term of this Court. It is futher ordered that the Clerk, after the allotment of Dower to Lucy Ann AVERITTE, and after having advertised the time and place of sale as required by law, shall at the Courthouse door, in the town of Somerville, expose said lands as well that covered by the Dower, as the -----?, so that the purchaser upon the termination of the Dower estate, will get title of the whole lands to public sale to the highest bidder, on a credit of one and two years, taking from the purchaser bond with security for the purchase money, and retaining a lien on the same until the purchase money is paid, and that he report his action herein, at the next term of this Court. PAGE 565; JUNE TERM 1866 J. H. TROTTER Admin’r of AVERETTE, dec’d vs widow, Heirs & creditors of said AVERETTE, dec’d This day came to be heard before the Hon. Geo. W. REEVES on the report of Wm. BURTON, former Clerk of this Court, to whom this cause was returned, and which report is in the words and figures following, to wit: In this cause, W. BURTON, Clerk, to whom this cause was referred, begs leave to report that Melza SPENCER has offered to become the purchaser of the sixty- five acres of land in the pleadings mentioned, at the sum of four dollars per acre, one half cash, and the other half at Christmas, the price amounting to the sum of two hundred and sixty dollars. He states that the tract of land is poor, barren and worn out, and the sum offered for the purchaser of the same, is a full fair price for the dower and more than be obtained at a public sale, and therefore recommended that said offer on the part of the said SPENCER be accepted, and the sale confirmed. He states that the former report made by him will show that the highest price offered for said land at public sale was $42. 85 per acre, all of which is unable to read---------Wm. BURTON. And which report being unexcepted to, is in all things confirmed---And it appearing to the Court from the said report that the sum offered by Melza SPENCER for sixty five acres of land, mentioned and described in the pleadings, is a full and fair price for said land, and more than the same could be sold for at public sale--It is therefore ordered that Joseph H. TROTTER, Admin’r. as aforesaid, be directed to close said sale with Melza SPENCER, and report his action at the premises of the next term of this Court. TENNESSEE STATE ARCHIVES ROLL#2 FAYETTE COUNTY CIRCUIT COURT MINUTES BOOK -- J OCTOBER 1866 -- NOVEMBER 1867 PAGE 97; Saturday December 22nd, 1866 Joseph H. TROTTER admr. & c of Wm. T. AVERETTE, dec’d vs #17 Widow, Heirs & Creditors of Wm. T. AVERETTE, dec’d In this case, it is ordered by the Court that the order heretofore made in this cause, authorizing the administrator to sell the lands mentioned, and described in the pleadings privality be and the same is hereby revived and renewed, And the said Joseph H. TROTTER, admr. , and special commissioner herein, is directed to ascertain what price the remaining portions of the land unsold can be sold for, and report his action to the next term of this Court, and the said Commissioner is authorized to effect a sale of the same on the terms of the former sale, should a purchaser be found, such sale subject however, to confirmation or rejection by this Court. All other questions reserved until the coming in of said Court.