Franklin Co., TN Archives - Court: Hill, William 1893 ***************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/tn/tnfiles.htm ***************************************************** File contributed for use in USGenWeb Archives by: Donald Hill February 10, 2007 Source: Franklin County Tennessee Archives Written: 1893 THE DISPUTED ESTATE OF WILLIAM HILL (1816-1894) OF FRANKLIN COUNTY, TENNESSEE INTRODUCTION The property in dispute, the homestead of William Hill, was an essentially square, 20-acre tract of land located in northern Franklin County, north of Alto. The GPS coordinates for center of the tract are approximately UTM 16 595423E 3906358N. William’s son Andrew Jackson (A. J. or Jack) lived on land directly to the south, on which the Hill Cemetery is now located. At that time, he also owned land to the east. The following documents, obtained from the Franklin County Archives, describe the conflict. The documents are generally in chronological order. The attached footnotes are mine, derived from information that I have obtained from census and other records, from my own personal memory, or from discussions with descendants of William Hill, who was my great-great grandfather. The documents not only describe the events related to this particular matter but also give insight into the lives and language of people in rural Franklin County at the end of the nineteenth century. The children of William Hill and Malinda Perry Hill, all born in Franklin County, TN, are as follows: ANDREW JACKSON HILL, b. 20 Oct 1835, d. 12 Mar 1898, Franklin Co., TN. MARY JANE HILL, b. 28 Jan 1837, d. 15 Oct 1921, Franklin Co., TN. BAILEY HILL, b. 28 Jan 1839, d. Aft. 1910, Coffee Co., TN. MARTHA HILL, b. Mar 1840, d. Abt. 1905, Franklin Co., TN. JOHNSON HILL, b. Aug 1844, d. 08 Sep 1923, Franklin Co., TN. WILLIAM P HILL, b. 1845, d. 1910, Franklin Co., TN. MARGARET HILL, b. 1849, d. 1929, Franklin Co., TN. JEREMIAH HILL, b. Apr 1850, d. 1929, Coffee Co., TN. GEORGE W HILL, b. Feb 1854, d. 18 Jan 1929, Franklin Co., TN. SUSAN HILL, b. May 1856, d. Franklin Co., TN. SARAH ANN HILL, b. 1862, d. Coffee Co., TN. A twelfth child, mentioned in one of the documents, apparently died young. In following, endnote numbers are included in parentheses. Words that were lined through are included in brackets. ------------------------------------------------------------------------------ L. M. Baird. (1) Please let John L. Gipson (2) have my mail when ever there is any for me. Aprl 22-93. William (his mark) Hill ------------------------------------------------------------------------------ To Franklin County Leader, G. F. Weidman, Editor and Publisher $1.50 Received of A. J. Hill, adm of Wm Hill. One dollar and fifty acct for printing insolvent notice of said estate. This April 1 1893. G. F. Weidman ------------------------------------------------------------------------------ To the Hon. J. M. McConnell, Chancellor etc presiding at Winchester Tenn. The Bill of Complaint of A. J. Hill, (3) John Gipson & wife Mary, Martha Sansom, (4) formerly Hill, R. Walls & wife, Margaret, (5) Jerry Hill, (6) Geo. Hill, William Hill, Jas. Brinkley & wife Susan, (7) J. D. Tucker & wife, Sarah, (8) and Bailey Hill, all citizens of Franklin County Tenn, except J. D. Tucker & wife, George, William, Jerry and Bailey Hill, who are residents of Coffee County Tenn. vs Johnson Hill, a resident of Franklin County Tenn. Defendant. Complts would respectfully show the Court that William Hill departed this life intestate on the 3rd day of Feb. 1894, in Franklin County Tenn. Leaving the following children as his heirs at law: A. J. Hill, Mary, who married John Gipson, Martha Sansom, formerly Hill, Margaret, who married R. Walls, Jerry Hill, Geo. Hill, William Hill, Susan, who married Jas Brinkley, Sarah, who married J. D. Tucker, Bailey Hill and Johnson Hill, being eleven children in all. He died leaving the following real estate, a tract of land lying and being in the 9th Civil district of Franklin County Tenn and bounded on the North by Zeb Dardis, (9) on the East [Sam Cunningham] (10) A. J. Hill, on the south by A. J. Hill and on the West by A. R. Oliver, (11) containing 20 acres and worth about $400.00. He died the owner of the following personal property, to wit, about 30 barrels of corn in the hands of defendant, worth $50.00. A note of forty dollars on A. J. Hill, being the balance of the purchase money on a small tract of land, which A. J. Hill is willing to pay over to the Clerk and Master. $32.00 in the hands of John Gipson, which he is willing to turn over to the Clerk and Master. William Hill deceased, owed no debts except about $35.00 due Dr. Farris. Complts charge that all of said property should be sold and the proceeds equally divided amongst the eleven children, after paying Dr. Farris his debt. They charge that the heirs are so numerous and the tract of land so small, that it cannot be divided. Complts would now show the Court that Defendant Johnson Hill, claims the whole of said land under the following instrument: March 15th, 1893 I Wm Hill, do agree to give Johnson Hill one tract of land 20 acres more or less, bounded by A. J. Hill, the south by Zeb Dardis, on the north by A. J. Hill, on the East by A. R. Oliver and on the East by A. R. Oliver. Johnson shall have this at my death. Witness by A. R. Oliver Wm Hill (his mark) Hill J. B. Ross (12) Malinda Hill I Johnson Hill do hereby agree to do everything in my power for Pap and Mother, during their lifetimes. Johnson Hill Complts would now show the Court that after his father was buried on Sunday Johnson Hill had this instrument proved and registered on Monday. They insist that said instrument does not convey any land and if it did the land is not sufficiently described to pass any title. That if it did convey the land it is void for the want of a consideration as the said Johnson Hill did not take care of them but absolutely refused to do so after said paper was drawn up. They charge that it operates as a cloud upon the title of the heirs of Wm Hill and should be removed. They charge that deft claims the corn that his father had stored in his place and refused to account for the same. They charge that Wm Hill was not capable mentally to make a contract and especially in regard to land, when said instrument purports to have been executed, and for that reason void. They would now show the Court that their mother died in June 1893. The previous considered complts pray that Johnson Hill be made a defendant to this Bill by the usual process of this Court. Let him answer the allegations of the same but oath is waived. Declare the claims of Johnson Hill to said land a cloud upon the title of the Heirs of William Hill, dec’d and let it be removed by a decree of this Court. Let said land be sold upon a reasonable credit, and the proceeds distributed equally among the heirs. Let said personal property or its proceeds be turned over into the Master’s hands and also distributed with the proceeds of the real estate. Let Johnson Hill’s pro rata part in the real estate be credited with the value of the corn which he retains belonging to William Hill dec’d. Grant all such other, further, & general relief as the facts may justify. Grant general relief. Brannan & Lefeber Sols for Complts State of Tenn. } Franklin Co. } Personally appeared before me, David Lynch Com the undersigned who made oath in the due form of Law that the facts stated in the foregoing bill are true to the best of their knowledge information & belief. Sworn & Subscribed James Brinkley to before me. George Hill Feb 12/94 Balie Hill David Lynch Com A. J. Hill J. D. Tucker W. M. (sic) Hill (13) R. Walls We are security for cost in this case. Brannan & Lefeber ------------------------------------------------------------------------------ A. J. Hill et al. } vs } Johnson Hill } Filed Feby 15/94 David Lynch Com Brannan & Lefeber Sols for Complts ------------------------------------------------------------------------------ A. J. Hill et al. } vs } Ans & X bill Johnson Hill } Filed May 14/94 David Lynch Com The [separate] answer of Johnson Hill to the bill of Complainant filed against him in the Chancery Ct at Winchester by A. J. Hill et al. This Respondent for answer to so much and such parts of said bill as he is advised it is necessary for him to answer says: It is true that Wm Hill died about the time stated and that complts and Respt are his children and heirs at law. Respt admits that sd Wm Hill was the owner in his lifetime of the tract of land described in the bill, but Respt denies that the complainants now own any interest in said land. The bill sets out a correct copy of the written instrument by which Respondent became the owner of said tract of land at the death of sd Wm Hill. The boundaries of the said tract of land are correctly set out in the complainants bill. It was all the land that Wm Hill owned – It is true that the boundaries of said tract are not correctly given in the instrument under which Respondent claims, but this was simply a mistake or oversight or inadvertence of Mr A. R. Oliver a neighbor and a witness to said instrument and the gentleman who wrote it. Respondent is advised that this honorable court has been the forum for the correction of mistakes since its early history and is not the court to take a man’s property by reason of a mistake or accident. Respondent denies that Wm Hill was not in his right mind or that he was incapable of making a valid deed or binding contract when said instrument was signed and delivered. Respondent now shows the court that his father had voluntarily promised to make him a deed to said land five or six years before he did make it on account of Respondents kindness and attention to him and Respondent fully complied with and lived up to his agreement endorsed on said deed to do everything in his power for his father & his mother during their lives. It is absolutely untrue that Respt refused to care for this father and mother after said paper was drawn up. Respondent files the original of said instrument as Exhibit “A” to this answer. It is untrue that Respt refused to account for the corn on the place. And having fully ansed prays to be dismissed. Respondent asks that this his answer be filed as a cross bill for the purpose of correcting the mistake in the boundaries of his land which are correctly given in the original bill of Complaint. Let the complts in the original bill be made defents hereto by the proper process. Let them answer but not on oath. On the hearing let the boundaries as given in Respts deed by corrected so as to read as correctly given in the Compts bill. Grant all such other relief as Respt may be entitled to. Grant general relief. Estill & Turner Sols for Respt Johnson Hill makes oath that the facts stated in the foregoing cross bill are true to the best of his knowledge information and belief. Johnson (his mark) Hill Sworn to & subscribed before me May 14th 1894. David Lynch Com I go security for the costs. A. R. Oliver ------------------------------------------------------------------------------ A. J. Hill et al. } As answer to Complt Bill } Johnson Hill } Filed May 14/94 David Lynch, Com Brannan and & Lefeber Sols for Respdt X-bill The joint and separate answer of the complts in the original Bill in the case of A. J. Hill et al. vs Johnson Hill. To the cross Bill filed against them by Johnson Hill on the 14th day of May 1894. Respdts for answer says that this Court cannot change the boundary as prayed for in the cross Bill as the instrument under which he claims describes no land whatever. It is a nullity and void upon its face and this Court cannot allow them to change the instrument by hard evidence so as to cover the land in controversy. Repdts jus insist that there was no mistake whatever on the part of William Hill in the execution of the same and that he knew that it amted to nothing when made. Rspdts insist that it is impossible to locate any land under said instrument and that there is no land as set out by the terms of the same. Having fully answered prays to be dismissed. Brannan & Lefeber Sols for Rspdts in X Bill ------------------------------------------------------------------------------ Included in this file are four summonses for witnesses, as follows: 1. Johnson Hill (To answer the first bill.) 2. A. R. Oliver, John Wilder, Jessie Wilder, [Mrs. Dock Oliver], (14) J. B. Ross & John Brannan. (15) (As witnesses for the first bill.) 3. Abe Wooten (16) and Sarah Ann Wooten, John Gipson & Mary Gipson (As witnesses for the first bill.) 4. A.J. Hill, Jno Gipson, Mary Gipson, Martha Sanson, R. Walls, Margaret Walls, Jerry Hill, Geo Hill, Wm Hill, James Brinkley, Susan Brinkley, J D Tucker & Bailey Hill. (To answer the cross bill filed by Johnson Hill) All were ordered to appear on the fourth Monday of January 1894. ------------------------------------------------------------------------------ A. J. Hill et al } vs } Complts proof Johnson Hill } Deps of A. J. Hill, Jas. Brinkley, Cal Warren (17) Filed in my office this 5 day of June 1894 David Lynch Clerk and Master DL ------------------------------------------------------------------------------ A. J. Hill et al } vs } Johnson Hill } The depositions of Witness for complainant taken by consent at the office of the Clerk and Master on the 5th day of June 1894. Jack Hill, James Brinkley, [Wm. Hill] Cal Warren. A. J. Hill first witness. 1- State if you were acquainted with William Hill in his lifetime, if so what relation were you to him? A- I was acquainted with him. He was my father. 2- How far did you live from Mr. William Hill? A- About forty or fifty yards. 3- State if you had a conversation with Johnson Hill after March 25 1893, in which Johnson Hill said anything about taking care of his father. If so state that conversation in full? A- Yes sir Johnson said he was going to quit doing anything for him, and did quit. 4- Did he state any reason for quitting, if so what? A- Yes sir. He said he wasn’t getting anything for it and he was going to quit. 5- Did Johnson after that time do any more for his father than the rest of the children? A- No sir I don’t suppose he did. 5- When did your mother die and where did your father go then to live? A- She died in June 1893, and then my father went to John Gipson’s. 6- How long after her death before he went to John Gipson’s and what kin is John Gipson to him? A- John Gipson is his son-in-law and he stopped there as we were coming back from the burying. (18) 7- Who is the administrator of William Hill? A- I am. 8- Has there been any account filed for the keeping of William Hill from the time of his wife’s death to his death. If so by whom and how much is it? A- $100.00 is what they made out against the old man made by John Gipson. 9- Was that for taking care of the old gentleman and did he die at John Gipson’s? A- Yes he died there and I suppose that was for taking care of him. CROSS-EXAMINED: 1- Will ask you if Johnson Hill didn’t take care of and look after his father and mother up to the time of her death? A- No sir. 2- Who did look after them? A- The rest of us did. I did principally myself after he quit. He quit them. 3- Quit when? A- Well he quit in 1893 and 1894 too, part of each year. 4- What time in 1893 did he quit? A- I couldn’t tell exactly what time he quit. 4- How far did Johnson live from where the old man and old woman lived? A- Well it might have been a half a mile. 5- How long had he been waiting on them and caring for them? A- Well I couldn’t tell you that. 7- Will ask you if it is not a fact that your brother Johnson was there at the house every day and every night looking after those old people up to the very hour of the death of the old woman? A- I don’t think he was all the time. 8- When did the old man die? A- He died in February I believe. 9- Is it not a fact that Johnson Hill had had the care of his father and mother for five or six years before your mother’s death? A- No sir. 10- What did Johnson Hill do towards looking after the old people? A- Well he never done anything more than any the rest of us ought to have done. 11- Who cleaned the old man when he got sick and helpless like a child, and cared for him and the old woman too? A- Me and Johnson. 12- Where did you live? A- I lived about fifty yards I reckon, in the same yard. 13- How many years had Johnson been looking after them? A- Well I didn’t know he was looking after them any particularly only when they were sick. 14- Who hauled them their wood for the last five or six years? A- Well I have to bring myself into that. I hauled the wood principally myself. He hauled a right smart. 15- Will ask you if the old man’s mind was right on the 15th of March 1893? A- Well sir I can’t say but what it was for an old person. 16- I will ask you if you didn’t sign the bill that was filed in this case and swear to the same and allege therein that the old man didn’t have mental capacity to transact business? A- I signed the bill but I didn’t understand it that way. A. J. (his mark) Hill Sworn & subscribed to before me June 5/94 Felix D. Lynch DCom JAS. BINKLEY (sic). Next called. 1- State if you are acquainted with Johnson Hill. A- Yes sir. 2- If you had a conversation with Johnson Hill after the 15th day of March 1893, that he was going to stop doing anything for his father and mother. State that conversation in full. A- I had a conversation with Johnson Hill. He said that he had carried his papers down to Esq. Long’s and Esq. Long said it wasn’t any account and he wasn’t going to do any more for them for they were stuffing him up on stuff, and giving Jack Hill the land and he might just lay there for him. 3- Did he state that they might lay there and die as far as he was concerned? A- He didn’t say. 4- How long was this conversation before the death of the old lady? A- I just don’t remember about that. 5- Was it before or after this instrument of writing was drawn up? A- It was after this writing. 6- After this conversation did the old gentleman get you to get him wood? A- Yes sir. 7- How long after the writing was drawn up before you had this conversation with Johnson? A- It wasn’t a great while. 8- About how long? A- Well I can’t tell exactly for didn’t pay attention to it enough to tell. Cross examined. 1- Did Johnson Hill keep on waiting on the old man after he had the conversation with you? A- When he was there he waited on him, yes sir. 2- How long had Johnson Hill been waiting on the old (man) when he was sick and taking care of him, hauling him wood and looking after him generally? A- Well I can’t tell how long. 3- Did he not continue to wait on him and look after him after he had moved to John Gipson’s after the old lady’s death and up until the time that he died himself? A- When he was up there he would wait on him. 4- Will ask you if Johnson Hill was not at John Gipson’s the most of the time after the old man moved there? A- I can’t say. 5- You are one of the complainants to this bill are you not? A- Yes sir. Re-Examined. 1- State if the other children of Wm. Hill did not wait on and care for he and his wife, during their last sickness? A- Of course they cared for him. James Brinkley Sworn & subscribed before me June 5/94 Felix D. Lynch DCom CAL WARREN- next called. 1- Are you acquainted with Johnson Hill? A- Yes sir. 2- State if you ever heard a conversation with Johnson Hill in regard to this land matter, if so when was it and give the conversation in full as near as you remember it. A- It was in April or May 1893. Johnson said he was going to quit doing anything for the old man and old woman. He said for Jack was getting it all anyhow. He said he had a charge made out against him as long as his arm and he would get it anyhow. He said if Jack didn’t mind that he would get his or break him up at the old man’s death. 3- When he said he had a charge as long as his arm and would get it anyway: Was he talking about this 20 acres of land? A- Yes sir. 4- State if you ever hauled wood for the old man Wm. Hill, if so when was it? A- Well I have hauled wood for the last three years. The last wood I hauled for him I hauled it in April 1893. 5- State if you have cut any wood for the old man and carried it in to him, and if so when? A- Well sir I have always, for the last seven or eight years cut wood for him and carried it in and made him fires when I would be about him. 6- Was you around the house often during the last sickness of the old man and old woman? A- Yes sir. Every few days. 7- State whether or not all the children waited on them and cared for them just about alike. A- Well when any of them was there I never could tell any difference, who was trying to do the most for him. They all seemed to care for him and wait on him. Cross-examined. 1- What relation are you to A. J. Hill? A- He is a father-in-law of mine. 2- Where was it you had the conversation alluded to with Johnson Hill? A- I had a conversation with him coming from Hockerville. (19) 3- He didn’t stop waiting on the old folks after that did he? A- I don’t know sir whether he did or not. I cut and hauled wood after that and had before. I don’t know as I saw him waiting on him any more. If I did I don’t remember it. 4- Who waited on the old man in his sickness and cleaned him like a baby? A- The last time he was sick I don’t know. I saw Johnson waiting on him the first time he was sick, and Jack Hill. 5- Will ask you if A. J. Hill ever lost a night’s sleep or a day’s plowing in waiting on the old man? A- Well sir I don’t know. I have saw him there at night. I never sat up there all night in my life when he was sick. I have saw him there as late as 10 o’clock in the night. C H Warren Sworn & subscribed before me June 5/94 Felix D. Lynch DCom ------------------------------------------------------------------------------ A. J. Hill et al. vs Complt proof Johnson Hill et al Depositions of Abe Wooten Sarah Ann Wooten John L. Gipson and Mary Gipson ------------------------------------------------------------------------------ A. J. Hill et al. vs Johnson Hill The depositions of Abe Wooten, Sarah Ann Wooten, John Gipson, and Mary Gipson. Taken by consent at the office of the Clerk and Master at his office in Winchester on the 16th day of June 1894 to be read as evidence in behalf of complainants. Present solicitors for Complainant and Defendant. ABE WOOTEN First called. 1- State if you knew William Hill in his lifetime, if so state how far did you live from where he lived? A- Yes sir. About a mile. (20) 2- Do you know the 20 acres of land he died the owner of? If so what was it worth per acre? A- Yes sir. $20.00 per acre. 3- State if you know Mrs. Martha Sansom, if so did you have a conversation with her in the presence of your wife a weeks ago. A- I know her. I had such a conversation with her. 4- State what she said in that conversation. Give it in full as near as you can remember it. A- Well I got to asking her about the lawsuit, how it was going, and she said it hadn’t went no way yet. I asked her if she was going to get anything, and she said she didn’t know. She said that if Johnse (21) gained the suit he was going to pay her. I asked her if it was in land and she said money. 5- Did she state the amount of money, if so how much? A- No I recollect that she did (sic). 6- State if you have seen the children of William Hill hauling him wood and waiting on him. If so, state which of his children. A- I have saw Johnse at it, I saw Jack at it, I have saw Martha Sanson there waiting on him and the old lady. 7- Did you ever see Jim Brinkley or did the old man ever tell you that he waited on him? A- He said he got Jim Brinkley to cut him some wood. I don’t know how many times nor anything about it. 8- Are you related to any of the parties to this suit and have you any interest in the same? A- No sir. 9- Where did this conversation with Mrs. Martha Sanson take place? A- At my house. Cross-examined. 1- Mrs. Sanson is a widow isn’t she? A- Yes sir. 2- And very poor isn’t she? A- Yes. Re-examined. 1- Are all the children of William Hill not poor? A- Yes I would take them to be poor. I expect she eats about as plenty as some of the balance. Abe (his mark) Wooten Sworn & subscribed before me this June 16, 1894 Felix D. Lynch DCom SARAH ANN WOOTEN. Next called. 1- State if you know Mrs. Martha Sanson. A- Yes I know her when I see her. 2- State if you heard a conversation a few weeks ago you your house between her and your husband. If so state what she said as you remember it. A- Yes I heard it. Well all I have got to say is she said if Johnse gained the suit he was going to pay her $20.00. That is all I know. Sarah (her mark) Ann Wooten Sworn & subscribed before me this June 16th, 1894 Felix D. Lynch DCom J. L. GIPSON. Nxt called. 1- State if you know the 20 acres of land that William Hill did the owner of. If so what is it worth per acre? A- Yes sir. It is worth $20.00 per acre. 2- State if William Hill lived with you immediately before his death. If so when did he come to your house and when did he die? A- Yes sir. He come there in June, 17th, I reckon, last year. He died this year. 3- What time this year? A- He died the third day of – Well he just lacked eleven days of being there eight months. 4- State who waited on and attended to the old gentleman during this time. A- Me and my family waited on him, and the neighbors that came in. 5- State if his children would come occasionally to see him, if so which one, and were they sent for at other times? A- Well there was all of them come some, and Johnse and Martha come the most, but we would send for them to come and help us sorter to wait on him when company was scarce. 6- During this eight months did Johnson wait on the old man as much as the neighbors around? A- No sir there was some of the neighbors done more than he did. Cross-examined. 1- You are one of Mr. Hill’s sons-in-law are you not? A- Yes sir. 2- Will ask you if you have not rendered a bill of charges for William Hill staying at your house for the eight months that he stayed there and how much? A- Yes sir I did, I charged him $100.00. 3- How much pension money did old man William Hill draw from the time he commenced drawing till he died? A- I think it was $111.00. 4- Who handled this money? A- Well sir I had a written order to draw his checks and get them cashed and take him the money. 5- How much did he get a month? A- He got eight dollars. 6- Will ask you if you didn’t draw this $8.00 a month during the time that the old man stayed at your house and issue it to him in little change as he needed it? A- No sir I would take it and give it to him, every dollar of it. 7- What did he do with it? A- He would give it to my wife to take care of it for him. 8- Why was it that you always sent for Johnse Hill and Martha Sanson to wait on the old gentleman? A- Well they were close. 9- Which lived the closest to your house, A. J. Hill or Johnson Hill? A- Well it wasn’t much difference, very little difference. (22) 10- Is it not a fact that A. J. Hill lived a little the closest? A- He might have lived a little the closest. I don’t know, the way Johnse had to come whether it was any or not. 11- Which one of your neighbors set up more nights and set by the bedside of your father-in-law more days than Johnson Hill, during the time that he stayed at your house? A- Billy Gipson (23) did. And John Stephens (24) did too. 12- Who carried the old man about when he wanted to leave the house? A- My boys carried him about as much or more than anybody else. 13- Did Johnson Hill carry him about any? A- Yes he carried him down here to town one or two times. 14- Had the old man begun drawing his pension before he came to your house? A- Yes sir. 15- Will ask you if it is not a fact that Johnson Hill brought the old man to and fro to Winchester very many times while he was getting up his pension papers? A- If he ever brought him over twice I don’t know it, and I think I know. 16- Do you know what Johnson Hill had been doing for the old man for four or five years before his death, waiting on him in his sickness, cleaning him as though a baby, hauling his wood and carrying him provisions? 17- (sic) If he ever carried him any provision there he got pay for it because he told me and my wife that he didn’t owe him a cent, he had paid him for every thing he had ever got. 18- Who told you? A- The old man Hill. 19- Did he tell you that after he came to your house? A- Yes sir. 20- How often did you go to see your father-in-law while he was living at the old place? A- Once or twice a week, once a week any how. I would go and stay with him of a Sunday. 21- You generally went on Sunday did you not? A- Yes sir. I couldn’t well go no other time. I had to stay in the store. 22- You owned a store and stock of goods did you? A- Yes sir. 23- Will ask you ifnit it is not a fact that you are the only son-in-law or son of William Hill who is in anything like comfortable circumstances, and if you don’t own more property than all the balance of them put together? A- I don’t know sir whether I do or not. Re-Examined. 1- State what Johnson generally done when he come to stay all night at your house. A- Well he would come there and eat his supper and set up maybe a while and go to bed, and if the old man could get him up anytime through the night, maybe he would, but he couldn’t do it often. 2- State if Johnse would get up and go to his work the next day after staying there or would he stay there and wait on the old man all day? A- No sir he would eat his breakfast and go home. 3- State if you ever talked with William Hill in regard to this paper writing under which Johnson is claiming this land, if so state what the old gentleman did. (This question and the answer objected to because the vendor can’t be heard to impeach his own deed.) A- Well I heard him say he didn’t know nothing about the paper that Johnson had. (This question answer objected to for the further reason that the same is not a proper re-examination of the witness and should have been asked if at all on his original examination.) Sworn to and subscribed to before me This June 16th. 1894 John (his mark) Gipson Felix Lynch DCom MARY GIPSON, Next called. 1- State if you ever heard your father William Hill say anything in regard to the paper under which Johnson was claiming this 20 acres of land, if so what did he say? A- I heard him say that he knowed nothing about it. 2- Was this after he came to your house to live? A- Yes sir. 3- State when you father came to your house to live, how long did he stay and when did he die? A- He come there the 17th of June and died the third day of Feb. 4- During this time who waited on and attended to your father? A- Me and the children and the help of my children we moved one of them in the house with us a month to help us take care of him with the help of the neighbors. 5- Did the children of William Hill visit him during that time, if so which ones? A- Well I reckon they all come some little, sometimes a few minutes at a time some of them, some come very little. I want to tell the truth on this. 6- State if you ever sent after any of them if so which one? A- Yes sir I sent after Johnse several times. 7- State when Johnse came what did he do? A- Well he would just do what the rest, if we needed his help anyway while he was present, he would help. 8- Did he set up at nights or did he go to bed when the rest of the family did, state the facts? (Objected to because leading and suggests to the witness the answer desired.) A- He generally after supper would say fix the bed and lets to go bed. Johnse I ain’t going to tell nary lie on you I am going to tell the truth. Mary (her mark) Gipson Sworn to and subscribed to before me This June 16th. 1894 Felix D. Lynch DCom ------------------------------------------------------------------------------ A. J. Hill et al. } vs } Johnson Hill } The depositions of A. R. Oliver, John Weilder (sic), (25) Jesse Weilder (26) (sic), Johnson Hill, Martha Sanson & JJ Martin taken by consent at the office of the Clerk and Master on the 14th day of June 1894 to be read as evidence in behalf of the defendant in this suit. Present solicitors for complainant and defendant. A. R. Oliver first called. 1- State if you knew Wm Hill in his lifetime. A- Yes sir. 2- How far did you live from Wm Hill in his lifetime? A- About three hundred yards. (27) 3- Please state who waited on him, looked after him and cared for him when he was sick and needed attention. A- Johnson Hill was the principal one I think that waited on him. 4- How long had Johnson Hill looked after him and waited on him before his death? A- Well he had been looking after him for about two years before he died. 5- Who wrote the deed filed as an exhibit to the cross bill in this case from Wm Hill to Johnson Hill? A- I wrote it. 6- Please state if Wm Hill had ever said anything to you about compensating Johnson Hill for his services before the deed was written and if you say he had state what was said between you. A- Yes sir he wanted to know of me one day what he ought to pay Johnson Hill for waiting on him, and I told him he knew better than I did. 7- How long was this before you wrote the deed? A- It might have been three weeks and it might have been only two. 8- What did he say at the time that you drew the deed if anything? A- Well he sent for me to come up there and he told me he wanted me to write it for John. 9- Please state if the boundaries given in the deed that you drew, correctly describes the tract of land that Wm Hill owned. And if not whose mistake was it? A- No sir it wasn’t correct. It was my mistake. I did it myself. 10- State if the boundaries set out in the original bill in this case gives the correct boundary of the land. A- Yes sir that is right. 11- State whether Wm Hill owned any other tract of land. A- No sir no other tract. 12- In the paper that you drew, were you attempting to describe the tract of land that Wm Hill did own? A- Yes sir I was trying to describe it. I just made a mistake in writing. 13- State if the lands of A J Hill, Zeb Dardis, and A. R. Oliver do adjoin the Wm Hill tract of land. A- Yes sir. 14- The please state what the mistake was that you made. A- Well sir this is right here, and the mistake that they said that I made was Zeb Dardis on the south and A. J. Hill I think they said it was on the north maybe. There is no mistake in this as I can see. 15- Then you state that the deed that you drew correctly described that tract of land? A- That is does. 16- Whose lands lay on the north of the Wm Hill tract? A- Zeb Dardis’. 17- Whose lands lay on the east of the William Hill tract? A- A. J. Hill. 18- Whose lands lay on the south of the William Hill tract? A- A. J. Hill. 19- Whose lands lay on the west of the Wm Hill Tract? A- Mine. A. R. Oliver. 20- Please state what was the condition of Wm Hill’s mind at the time that he signed the paper that you drew. A- Very good. 21- Are you the same A R Oliver whose name is attached to the exhibit “A” to the cross bill as a witness to the instrument? A- The same one sir. 22- Will ask you whether or not Johnson Hill continued to look after and wait upon his father and mother after this deed was made. A- Yes sir he did. 23- State whether you are related to any of the parties to this suit and whether you have any interest in the result of it. A- No sir none at all. Cross-Examination 1- You swear that you have no interest in this litigation? A- No sir I have none. 2- How far do you live from here? A- 12 miles I reckon. 3- How often have been to Winchester to consult with the attorneys of Johnson Hill in this matter? A- I never have consulted with them at all sir. 4- Will you swear that you were not in their office the day this cross bill was drawn up and talked with them about it? A- I was in there. Me and Mr. Hill was in there talking about it, and maybe some of the lawyers might have said something. Mr. Hill brought me down that day in order to correct that. That is what I was in here for. 5- You state that Johnse brought you down here that day to correct exhibit “A” to Cross bill, how did you correct that? A- He brought me down here to correct this mistake that he said I wrote in there (Note: These five words are typed over and unclear.) That is what he brought me here for. 6- Who wrote the line on the west, as appears in this paper as it does not appear upon the record as it was originally registered? A- I don’t know sir who wrote it without it did. I wrote there and I must have written that it looks like my handwrite. 7- Will you swear that that was there the day you appeared before the clerk? A- I don’t know. No I can’t swear that I reckon. 8- Will you swear that those three words are in your handwrite? A- No sir it might have been changed. 8- (sic) Will you swear that the boundaries set out in Exhibit A is the true boundary of the land that Wm Hill died the owner of. A- Yes sir I will. 9- Didn’t you swear awhile ago that the boundaries set out in the bill was the correct one and not the one that is set out in that exhibit? A- I said this here is correct. 10- Didn’t Mr. Estill read you the boundary set out in the bill and did you not swear that they were the correct one and not the one set out in the exhibit? A- Well this here is the boundary right here now. Zeb Dardis on the north, and A. J. Hill on the south, and A. J. Hill on the east and I am on the west. 11- Is that not the description which I read to you? A- Yes that is right. 12- Is this right, as appears from the exhibit “A”, bounded by A. J. Hill, south by Zeb Dardis, on the north by A. J. Hill on the east by A. R. Oliver and on the east by A. R. Oliver? A- No sir. 13- When the paper was read over to Wm Hill with these wrong boundaries to it why didn’t he at that time correct the mistakes? A- I don’t know sir. I never knowed anything about the mistake till it come to town, never thought of it. As soon as I heard of it I knew it was wrong. 16- (sic) Was you not present when the cross bill was read over to Johnson Hill and did you not sign the same as security for cost and did it not say then that exhibit “A” was wrong, which you have repeatedly swore is right? A- Yes sir I was present and signed it as security. I told Mr. Estill there that that boundary just like it is now was right. 17- Did you at that time have that line between the other two lines or afterward? A- I can’t tell you I haven’t had it in my hands till this morning it has been here in Winchester. 18- How far did you live from Wm Hill the last few months before his death? A- Well I reckon it was a mile and a half. 19- He went there in June after this was written in March 1893 didn’t he? A- Yes sir. 20- Don’t you know as a fact that Johns had an account against his father for these very services? A- Yes he had an account. 21- What was the amount of that account? A- I don’t know sir. I never looked at it. 22- Was it rather a long account? A- It looked to be pretty long. 23- Was that the first paper writing Johns ever came to you to draw up and did he not afterwards tell you that this instrument was no account but he would bet the land on his account? A- I think he always claimed that paper to be good. This was not the first paper writing he ever came to me to draw up. 24- Don’t you know as a fact that all the children of Wm Hill waited on him when he was sick, when they were present? A- They wasn’t present very often, mighty scattering, coming in. 25- How much of the time was you there? A- Well sometimes I would go once and some times three times a day, and some times no times. 26- Was that before of after this instrument was drawn up? A- It was before. Re-Examined. 1- Have you added anything to this deed since you drew it? A- No sir. 2- Has it been in your possession since it was drawn? A- No sir. 3- Is the entire body of that whole instrument in your handwriting? A- Yes sir this favors my handwrite. 4- Do you find any words in it that are not in your handwrite? A- I don’t know sir this looks like it has been changed. I know that is my handwrite except there might have been a word or two changed there in them boundaries. Sworn to and subscribed to before me A. R. Oliver This 14th day of June 1894 Felix D. Lynch DCom ------------------------------------------------------------------------------ JOHN WEILDER NEXT CALLED. 1- State if you knew Wm Hill in his lifetime and how far you lived from him. A- I have known him a good many years. I lived about three quarters of a mile I suppose, about that. (28) 2- Please state who waited on him and cared for him in his sickness at different times. A- Johns seemed to be the principal one who cared for him in his sickness at different times. 3- Please state if you know the tract of land in question. A- Yes sir I know where it lies. 4- Was that all of the land that William Hill owned? A- All that I knew of. 5- Please give the boundaries of said land. A- On the north Zeb Dardis, and on the west A R Oliver and on the east A J Hill and on the south A J Hill 6- Will ask you what Johnson Hill did for old man Wm Hill in the way of waiting on him. A- Well he went there and he waited on him and he like to have lost his crop I reckon it was two or three years ago on account of his fathers sickness, waiting on him and his mother. 7- State if he went to John Gipsons and waited on him after he moved there. A- A can’t tell you about that. I heard of him being there but I can’t tell you whether he waited on him or not. 8- State if you have interest in the results of this lawsuit. A- None. Sworn and subscribed before me This June 14/94 John Wilder Felix D. Lynch DCom ------------------------------------------------------------------------------ JOHNSON HILL next called. 1- Are you the defendant in this case? A- Yes sir. 2- State who waited on your father in his sickness and how many spells of sickness he had and how long you waited on him. A- I did myself. I had been waiting on him for about five or six years he had a bad spell every year. I had to clean him like a baby. 3- How far did you live from him? A- About a half of mile. 4-How long was he sick in his last sickness? A- Well it was about seven weeks before I could get him to set up in his last sickness. 5- Who waited on your mother when she was sick? A- Me and my sister Martha. 6- Is your sister Martha, Mrs. Sanson? A- Yes sir. 7- How much was your mother sick in the last four or five years before she died, if any? A- She wasn’t able to do anything. 8- State if you did anything else besides wait on them in the sick room for them and if so what? A- I hauled them wood I let them have anything I had. I never denied them nothing. 9- State if you did anything for them after the deed that is filed as exhibit “A” to the Cross bill was executed by him? A- Yes sir I done anything they asked me to do. 10- Did you wait on him just like you always had? A- Yes sir. 11- Where was he when the deed was executed? A- He was at home. 12- How long after that before he moved to John Gipsons? A- I don’t know exactly how long it was from sometime in June up till the third day of February I believe, about that time. 13- Who waited on him after he was carried to John Gipson’s? A- Well I principally done it. 14- Who has had possession of the deed drawn by A R Oliver and executed by your father since it was signed up? A- I have. 15- State if any words were added to it from the time it was delivered to you until you filed it as an exhibit in this court. A- No sir there was no words added to it, if there was it was unbeknowance to me. 17- (sic) Where did you keep it? A- I kept it in a brureaux drawer. 17- Who had it registered? A- I did. 18- Can you read and write? A- No sir. 19- How much of your time did it require to look after your father and mother during the last four or five years of their lives? A- It took over half of my time. 20- What is the tract of land in dispute worth? A- It would be mighty dear at $200.00. 21- Is there any other statement that you desire to make in regard to what you did for your father or your mother? Or the matters in controversy in this case? A- I think I done my duty. 22- Did your father ever say anything to you about making you a deed to this little tract of land before he did make it? A- Yes sir. 23- What did he say? A- He told me he wanted me to do all I could for him. And I done it. He said he intended to do that before he died. Cross-Examined 1- Do you know D. S. Long? (29) A- Yes sir. 2- What was your object in winking at that gentleman? A- Well it was the question that he asked me. 3- That who asked you? A- That you. 4- Asking you the name of a man? Why didn’t that cause you to wink at another one? A- Well I had a reason for it you know, the question that you put to me. 5- What was the reason? A- Why because he had heard the question talked of a great deal. 6- What question talked of a great deal? A- Will I guess you know the question as good as I do. You explain it and tell me what you want and I will tell you what the question is. 7- Did you carry this written instrument, exhibit “A” to the cross bill to Esq. Long to get him to read it for you? A- Yes sir I carried it there to get him to read it. 8- After that time did you not state that that instrument was no account and you wasn’t going to do anything farther for your mother and father or in substance that? (Objected to because the question neither asks for time nor place nor the person to whom the remark was made and because it undertakes to lay grounds to contradict a witness on an immaterial point.) A- Well I told Pap about it. I told him I didn’t want no lawsuit and I told him I showed it to Esq. Long. He said it was a lawsuit and he said he didn’t care what he said, the old man. He said it was good. I might have had some such talk but I never refused to do anything they asked me to do. It never got too dark, nor too cold for me to go to their relief. 9- Where did you carry that instrument to Esq. Long at? A- He was at Perry Featherstone’s (30) I think. 10- At that time and place did you not say to Esq. Long or in his presence that this instrument was no good and you were going to do nothing further for your father and mother, or in substance that? A- No sir I don’t remember having any such talk to him. 11- Nor in his presence? A- No sir I don’t remember of having such talk. 12- Was you present when Exhibit “A” to the cross bill was drawn up? A- I don’t remember whether I was present or not. 13- Don’t you know that you was present and objected to the boundaries as given here, because they were wrong? A- No sir I never objected to it at all. I never knew anything about the mistake. 14- Did you hear it read over to your father and mother that day? A- I disremember. 15- Did you sign it that day or when did you sign it? A- Yes I signed it that day. 16- Please examine the paper shown you and say what become of your name, did you rub it off or what become of it? A- I can’t read. 17- Then the paper that was drawn up that day you signed did you? A- Yes sir. 18- Then if this deed that you claim under had not your name signed to it, it is not the one drawn up that day is it? A- I say my name is signed to that paper, that day. 19- Please point out where your name is signed to that paper as signed by you? A- I can’t see through these specks at all. I couldn’t tell where is at now. But if I can’t read if I could see it, but I would know my mark, but I can’t see that. I know it is on there. 20- On that day did your father or mother say anything about what Susie Brinkley was to have? A- Yes they said it that day and before that too, before they gave it to me, this writing. 21- That day this instrument was drawn up did you or your father, or which of you told A R Oliver what to write? A- Pop told him what to write. I had nothing to do with it. 22- Haven’t you swore a number of times that you didn’t know whether you were present when it was drawn up or not? A- I don’t know whether I was or not. 23- If you don’t know whether you was present how do you know your father told him what to write? A- Well I was present when he told him and I left after he employed him. I had nothing to do with it. 24- Did you sign it then and there or afterwards? A- After him and Dock fixed it. After that I signed it. 25- When, that day? A- I think it was, I almost know it was. I was busy at work. 26- Did you not agree with your father and mother to furnish them provisions and c, after this instrument was drawn up? (Question objected to because it undertakes to alter a written agreement by verbal testimony.) A- No sir I did not. 27- At the time it was drawn up did you? A- No sir. 28- Soon afterwards, in the presence of Mrs. Brinkley didn’t you tell them that? A- No sir. My writing shows what I was to do. 29- You say your writing shows, was it not for future service to be rendered to them that you should get the land? (Question objected to because it undertakes to alter a written agreement by written testimony.) A- All I could do in my power. Sworn to and subscribed before me Johnson (his mark) Hill June 14/94 Felix D. Lynch DCom ------------------------------------------------------------------------------ J. J. MARTIN NEXT CALLED. 1- What office do you hold in Franklin County? A- Register of deeds. 2- Please examine the document now shown you, purporting to be a deed from William Hill to Johnson Hill, and state if you registered said instrument. A- I did no the 5th day of February 1894. 3- Please state if the body of the deed from William Hill to Johnson Hill has been altered in any respect since you registered it, and if you say it has not, state if you made any mistakes in registering the same, and if so point out the mistakes. A- It hasn’t been altered at all. I made a mistake by writing north twice. 4- Will get you to state if it wasn’t writing east twice instead of north. A- Yes, it was east twice. Cross-examined. 1- Is it not a fact that this instrument, or it has been altered by the erasing of Johnson Hill’s name? A- Johnson Hill’s name don’t appear when I know it was there for it wouldn’t have been in the record. 2- By changing the word east, would not the instrument that is marked exhibit A be different from the record on your books, please compare them and state. A- I see something has been interlined here, they have got “west” above. That is the way I recorded it like it was. And I don’t see where this west comes in, there is no mark, they have marked out to become this at my death, that have got it marked. Sworn to and subscribed before me This 14th . June 1894. J J Martin Register Felix D. Lynch Com Alice: No. 8 follows this deposition Felix ------------------------------------------------------------------------------ This follows No 8 – Felix J. N. Weilder. Next called. 1- Did you know Wm Hill in his lifetime, and if you say you did how far did you live from him? A- Yes, I lived about three quarters of a mile from him. (31) 2- How long had you lived that close to him? A- I lived there all my life till the last three years. 3- Who looked after him and cared for him while you lived that close to him? A- Well it was considered all the time that Johnson Hill did. As far as I knew he was the one. 4- What did Johnson Hill do for him besides nurse him and look after him at the house? A- Well I have knew him to carry him provisions, such as meat and bread and pork and such as that. Provisions, something to live on. 5- Did he haul any wood for him or anything like that? A- Yes sir I have knew him to haul him wood, lots of times. 6- How many other children did William Hill have? A- I don’t know sir, he had a good many of them I know. 6- (sic) Did they all live in the neighborhood there close to their father? A- Yes sir most of them did. 7- Were they as able to look after their father and to do as much for their father as Johnson Hill did? A- Yes sir I suppose so. 8- What was Johnson’s condition, financially? A- Well he was generally hard run like the most of them, short of provisions. 9- What was William Hill’s condition during the last years of his life? A- Well from what I can learn did didn’t have anything at all to go on. 10- What was the condition of his health? A- Well as far as I knew he was sick a good deal of the time and down, portions of the time he was in the bed. Cross-examined. 1- When did you leave that neighborhood, and how far do you live from there now? A- It has, will be three year this next fall. I have been raised there except the last, little over two years. I guess it is about three miles now from where he lived. 2- Did you see much of the old man after you left that neighborhood if so about how often were you around? A- Yes I saw him several times, three or four times a year I guess. 3- You say the old man hadn’t much to live on please state what become of the rent of his place and his pention (sic) money. A- Well he never drawed any pension when I knew him. I don’t know what become of it afterwards. I don’t know the rent of the small place I don’t know what had become of it. 4- You knew him before this paper writings was drawn up didn’t you? A- Yes sir. 4- (sic) Was that the time you spoke of Johns furnishing him with meat pork, bread &c? A- Yes sir, of course I knew the old man but I never knew anything about him since he got his pension. 5- Wasn’t Johnson cultivating his land? A- Yes sir I suppose so. 6- How often did Johnson furnish him meat, bread and pork, and give the amount, of your own knowledge? A- I never kept no account of it. I don’t know how often. 7- About how often? A- Well I suppose several times in a year. I wouldn’t say how many because I don’t know. 8- Wasn’t there a number of persons in that neighborhood that would have furnished the old man with meat, bread and pork and also wood, as Johnse did, by the old man paying the market price for the same? A- Yes sir I guess so. 9- Did you know that Johnse was charging for these things when he was delivering them to the old man? A- No sir I did not. 10- Didn’t you never hear Johnse say that he had an account against the old man? A- No sir. 11- What relation are you to Johnse Hill? A- Not a bit. 12- Didn’t Johnse’s boy marry your sister? (32) A- Yes sir but that don’t make me and Johnse any kin does it? Sworn to and subscribed before me J. N. Wilder (Coffee Co.) This 14th June 1894. Felix D. Lynch DCom ------------------------------------------------------------------------------ MRS. MARTHA SANSON Next called. 1- What relation were you to William Hill? A- I was his daughter. 2- What was the condition of your fathers health the last four or five years of his life? A- He had pretty bad health. 3- Did he have any spells of sickness? A- Yes sir. 4- How many? A- Well he had I can’t tell exactly many. 5- Was the tract of land in controversy all the land that he owned? A- Yes sir. 6- Who looked after your father and cared for him after he got old and helpless? A- Johnse. 7- How far did A. J. Hill live from your father the last years of his life? A- Right in the yard with him. 8- How far did Johnse live from him? A- It might have been a half a mile and maybe a little further. 9- What sort of attention did your father need when sick? A- Well he needed tending to like a baby. 10- Who gave him this attention? A- Johnse. 11- Who hauled his wood and looked after his comforts? A- Johnse. 11- (sic) How long before your fathers death was it that began to get a pension? A- I can’t tell exactly how long. 12- State how many children your father had? A- Twelve. 13- Did his sons live in the same neighborhood that you father did? A- Some of them did, two of them. 14- Was A. J. Hill as able to do for and look after your father and mother as Johnson? A- Yes sir. 15- Were his other children as able to look after him as Johnson? A- Yes sir. 16- What did A. J. Hill and his wife do for them, the one that lived there in the yard with them? A- Well if they done anything I didn’t see it. 17- Were you there at your fathers house often and if so did you stay there much, how is that? A- I was there a right smart. 18- Did you ever hear your father say anything about giving Johnson this land for his kindness and attention to him? A- Yes sir. 19- When was it and what did he say? A- He just said that he intended for Johnse to have the land. That was before mother died. 20- How long had Johnson been looking after your father and mother and mother (sic) and waiting on them before they died? A- Well about two years. Cross examination 1- Do you know Abe Wooten and wife? A- I know them when I see them. 2- State whether or not you did not state to Abe Wooten and wife at their house three or four weeks ago that Johnse Hill had hired you to swear for him in this lawsuit, or help him, and if he won it that Johnse would pay you for it or in substance that? A- No sir. 3- Did no conversation take place between you about this case at Abe Wooten’s house three or four weeks ago? A- No sir. No more than he asked me how did the trial go when we was here. 4- That was all that took place? A- That was all that took place. 5- Did Johnse ever propose to pay you anything if this lawsuit was won? A- No sir. Re-Examined 1- State if you ever gave A. J. Hill or any of the other complainants to this bill authority to use your name to file a suit against your brother Johnson for this land. A. No sir. Re-cross-examined. 1- Don’t you want your part of the estate of William Hill? A- What is the use to contend for it when he made it over to Johnse? 2- Haven’t you stated that Johnse is paying you for your part by hauling you wood? A- No sir. Sworn to and subscribed before me This 14th day of June 1894. Martha (her mark) Sanson Felix D. Lynch DCom ------------------------------------------------------------------------------ A. J. Hill et al. } vs } Final decree Johnson Hill } This cause came on this day to be heard before the Hon T. M. McConnell chancellor upon the original bill and answer filed as a cross bill Exhibit and proof and argument of Counsel and upon the whole case the court is of the opinion that [the allegations of the original bill are fully met and defined by the answer] the complainants are not entitled to the relief sought in the original bill and the same is dismissed and the complainants and their securities will pay the costs of this case for which let execution issue. The court is further of the opinion that Johnson Hill the complainant in the answer filed as a cross bill is entitled to the relief sought therein and that the document or deed filed as a cross bill gives a sufficient description of the property to convey the same and that the boundaries therein given are identical with the boundaries given in the original bill which are as follows to wit: Bounded on the north by Zeb Dardis, on the East by A. J. Hill and on the South by A. J. Hill and on the West by A. R. Oliver, and which both complts and defts agree are correct and which the proof shows is correct; and the court is further of the opinion that sd paper writing filed as Exhibit to the ans filed as a Cross bill was a valid and binding conveyance of sd property from Wm Hill to Johnson Hill and it is therefore the decree of the court that said above described tract of land is the property of Johnson Hill and upon his application the clerk & Master will furnish him a certified copy of this decree which he may have registered as a instrument of title it appearing to the court that the Register of deeds made a mistake in registering said Johnson Hill’s deed. From which decree the compls pray an appeal to the next time of the supreme court at Nashville [and] which is granted upon compls giving an appeal and they are allowed 30 days in which to give said bond and in case the appeal is probated the original and which as an Exhibit to the cross bill will be sent up with the transcript. The Respt Johnson Hill [and the trial of the] upon the cause was taken up for hearing asked leave of the court to insert the boundaries of the tract of land in his cross bill as they were set out in the original bill, which was allowed < (sic) the amendment was considered as made at the hearing. Estill & Turney solicitors for the complainant in the answer filed as a cross bill appeared in open court and asserted this line was the tract of land herein described for their reasonable fee. ------------------------------------------------------------------------------ State of Tenn } Franklin County } To any lafful officer for said county to execute & return i command you to sumens J. L. Gipson to personally appere before me or som other justice of the peace for said county to answer A. J. Hill admr of Willem Hill Deceased in a plea of debt dew by and money of debt colecte and re (unclear) account under Five Hundred dollars. this Aug 29. – 1894 Lewis Morris (33) JP ------------------------------------------------------------------------------ State of Tenn } Franklin County } To the Sherif or any constible for said county to execute and return i command you to sumons John Stevens, (34) Mansel Coker, (35) Sabre Hill, (36) Jonson Hill, Baley Hill Sariahann Tucker to personally appere before me or some other justice of the peace for said county to give evidence in behalf of Jack Hill wherein Jack Hill is plantif and J. L. Gipson is defenden under five hundred dollars this the 29 day of Aug 1894 Lewis Morris JP ------------------------------------------------------------------------------ A J Hill Admr of Wm Hill decd } vs } J. L. Gipson } in this case after hearing the evidence I give judgment in favor of the [plaintiff] defendant against plaintiff for cost of suit this the 8th day of Septm 1894 D. S. Long JP ------------------------------------------------------------------------------ No 2685 A. J. Hill admr of William Hill Deceased } vs } J. L. Gipson } Came to hand when issued executed & set for hearing before D S Long JP on the 1st day of Sept at twelve pm 1894 R M Clark est Lidigated Filed Nov. 20/94 E. H. Williams From this within judgment the plaintiff demands an appeal to the next term Circuit Court of Franklin County which is granted he having taken the oath as prescribed by law Septm 10th. 1894 D. S. Long JP Continued by the plaintiff until the 27 of Septem 1894 D. S. Long JP ------------------------------------------------------------------------------ Affidavit of A J Hill State of Tennessee } Franklin County } I A J Hill admr of Wm Hill decd solemnly swear that owing to the poverty or insolvency of the estate of the said Wm Hill decd I am unable to bear the expenses of the suit in an appeal I have this day prayed to the Circuit Court of Franklin County from the judgment of D. S. Long a Justice of the Peace of said county in an action of Dbt (?) myself against J L Gipson and that I am justly entitled to the redress sought to the best of my belief This the 11th day of Sept 1894 D. S. Long, JP A J (his mark) Hill admr ------------------------------------------------------------------------------ In response to this document, the following summonses were issued: 1. For April 14, 1896: John Gipson & wife Mary Gipson, Martha Sanson, Suse Brinkley (37) & husband J. M. Brinkley, John Hill. 2. For April 24, 1896: John Gipson & wife Mary Gipson, Jim Brinkley & wife Susan Brinkley. ------------------------------------------------------------------------------ Dick Taylor clk } Notice Mary Gipson oaths (?) Isd Mch 25.1896 ------------------------------------------------------------------------------ Dick Taylor clk to } Notice John Gipson et al Isd April 14. 1896 Come to hand when issued & executed in full as commanded on the 16th day of April 1896 J. J. Turner Shff ------------------------------------------------------------------------------ We acknowledge services of the within notice this day of March 1896 March 30th W. M. Hill April 7 Ras Walls April 8 Jerry Hill April 8 Baley Hill April 10 Johnson Hill April 10 Martha Sansom April 10 G. W. Hill ------------------------------------------------------------------------------ Recd of A. J. Hill admr Wm Hill decd two dollars fee for serving notice on 4 defts or heirs in making settlmt Apr 30. 1896 J. J. Turner Shff ------------------------------------------------------------------------------ I A J Hill admr of Wm Hill decd do solemnly swear that I contracted to pay Wm Guinn atty $3.00 for services rendered me as admr in Law Suit and am bound to pay the same but have not got receipt. But will pay same. This April 30. 1896 A J (his mark) Hill Sworn to before me April 30. 1896 Dick Taylor Clk ------------------------------------------------------------------------------ May 5th 1894 William Hill Dec. Do to. John L. Gipson for Eight months board washing & ironing & care of him while sick three months. $100.00 cv cash 15.00 Balance due $85.00 State of Tennessee } Franklin County } This day came before me John L. Gipson and made oath in due form of law that the above acct is just and correct this May 16. 1894 J. L. Gipson ------------------------------------------------------------------------------ Wm Hill deceased Dr. F. J. K. Farris (38) F 1 Visit 1890 $2.00 To visit Apr. 7th, 8th, 9th, 11th, 14th, 15th, 15th, 17th, 18th, 19th, 20th, 22nd, 24th, 26th & 28th (15 visits) 1891 $30.00 F Vis June 10th 1893 $2.00 F Interest $3.60 F Visit Jan 6th 1893 $2.00 F ″ March 15th 1893 $2.00 $41.00 cv by cash 5.00 $36.60 State of Tennessee } Franklin County } this day came before me D. S. Long JP for said County Dr. John Farris & made oath in (unclear) of law that above act is due and correct Feby 8 1894 J. K. Farris D. S. Long JP ------------------------------------------------------------------------------ William Hill year 1893 acount in the Store May the 1 Balance on old Book .75 ″ ″ 8 Box of pills by Bill Hill .25 ″ ″ 12 Sack of flour & sugar .85 ″ ″ ″ Box of snuff & tobacco .15 ″ ″ ″ Broom & water bucket .35 ″ ″ 18 Hat & dress button by Sarah 1.55 ″ ″ ″ Cups & saucers & tobacco & oil .65 May 26 Pair of shoes 1.35 ″ ″ 29 Churn & sugar .60 June 16 Tobacco .05 ″ ″ ″ Cross bared muslin 1.20 ″ ″ ″ 6 yds bleach & thread .70 ″ ″ ″ Sticking colar & lace .20 ″ ″ ″ 2 yds ribbons .10 ″ ″ 18 Bleach & toy .35 ″ ″ ″ Shoes & ribbons 1.15 ″ ″ ″ Tobacco .05 ″ ″ 27 Goods from Baird 1.55 ″ ″ 28 Goods by Susie .30 Sep 20 Hat & suspenders & tobacco 1.80 ″ ″ ″ Pills & nails & medician 1.50 Nov 12 Two shirts 1.00 ″ ″ ″ Pair of shoes tobacco .80 ″ ″ 20 Horse shoes & nails by Johnson .25 ″ ″ 27 Box pills .25 ″ ″ ″ Tobacco .05 Feb 3 Shoes & socks 1.35 ″ ″ ″ Shirt & collar button 1.00 ″ ″ ″ 5 ½ yds bleach .55 ″ ″ ″ Handkerchief & toys .25 ″ ″ ″ Suit of cloths 6.00 ″ ″ 4 Rope .15 Total $27.10 William Hill year 1893 Paid out of Pention money before he come to my house to stay Dr. Farris $5.00 Dick Partin (39) 3.10 Johnson Hill 3.25 Flour & sugar & coffee & oil & tobacco 12.00 Goods bought from L. M. Baird for him 8.00 (40) Total $31.35 William Hill year 1893 & 94 Paid out of Pention money after William Hill come to my house June the 17 1893 Paid to Dr. Henton $6.00 James Brinkely & Allen Hill (41) 3.00 John Wilder 7.00 Dr. Meeks .50 Jack Hill 1.00 Johnson Hill 5.00 Suit of cloths 6.50 Total $29.00 Credit on my acont for keeping William Hill $15.00 Total in all $102.45 He also give away some of the money pention & also bought some watter millens & also some brandy enough to cover the remainder to make it up to $111.00 & William Hill stayed at my house from the 17 day of June 1893 on until he died Feb the 3 1894. ------------------------------------------------------------------------------ Wm Hill decd. Inventory Fee pd Recorded ------------------------------------------------------------------------------ A. J. Hill admr. of Wm Hill To the hon John A Lowing Judge of the County Court of said County. The undersigned admin of [A. J. Hill] Wm Hill decd begs leave to make the following report to wit and make the same as an inventory to wit. 1 note on A. J. Hill due Augt 20 1891 for $96.80 with 4 credits on same and Feby 5.1892 for $20.45 cr Decr 15.1892 of $4.05 cr April 14.1893 of $5.25 also cr Oct 16.1892 of $11.00. (unclear) judgment against Johnson Hill for $16.00 due Nov 20.1894 – which is insolvent. State of Tennessee } Franklin County } A. J. Hill admr of Wm Hill decd do solemnly swear that the foregoing is a true & perfect inventory of the personal property that came to my hands as such admr and I know of no other assets to be rcved by me as such admr from any source. So help me God A. J. (his mark) Hill Sworn & subscribed to before me April 24. 1896 Dick Taylor Clk ------------------------------------------------------------------------------ April 24. 1896 A. J. Hill admr of Wm Hill decd To acct 1 Note on A. J. Hill due Augt 20 1891 for 96.80 Int to Feby 5. 1892 2.90 99.70 Cr Feby 5. 1892 20.45 79.25 Int to Oct 16.1892 3.17 82.42 Cr Octr 16.1892 11.00 71.42 Int to Decr 15.1892 .71 72.13 Cr Decr 15.1892 24.05 48.08 Int to April 14.1893 .96 49.04 Cr April 14.1893 5.25 43.79 Int to Feby 14.1894 on same 2.19 45.98 Cr By out of acct Wm Guinn per ofd no 1 3.00 pd G. F. Wiedman per rect no 2 1.50 pd Wm E Taylor cr for bond & letters 3.00 pd Dick Taylor for (unclear) insolvency & 2 claim .70 pd J J Turner shff per rect no 3 2.00 pd Dick Taylor clk for (unclear) 1.10 pd Dick Taylor this settlement & recd of same 2.50 oed A J Hill admr for services 32.18 45.98 ------------------------------------------------------------------------------ State of Tennessee } Franklin County } To the Hon John A Lowing Judge of the County Court of said county I have this day made a settlement with A J Hill admr of Wm Hill decd after giving notice to all parties involved which notices are herewith filed as a part of this report. I found the admr indebted to the said estate the sum of $45.98 and entitled to credits per vouchers filed fees & allowance for services to the amount of $45.98. It will be seen from the foregoing that the admr is not charged with the $16.00 judgment due Johnson Hill from the fact the same is insolvent but reports if ever collected will account for same. The estate was sagested as being insolvent and has proved to be so. There is two claims filed against the estate. (42) This settlement was (unclear) of this property. All of which is respectfully submitted this April 30 1896 Dick Taylor clk ------------------------------------------------------------------------------ I Johnson Hill have this day bargained & sold & do hereby transfer & convey to James Brinkley his heirs & assigns forever one tract or parcel of land lying in the County of Franklin Dist State of Tenn & Dist. No 9 for the consideration of twenty dollars to me & in hand paid the receipt of which is hereby acknowledged. Beginning on a stake at N. corner of Johnson Hills corner, thence S. 95 yds with Johnson Hills line to a stake, thence west 45 yds, to a stake, thence 95 yds, to a stake, thence E 45 yds to the beginning, containing by estimation one acre be the same more or less. To have & to hold to the said James Brinkley his heirs and assigns forever I covenant & bind myself my heirs & representatives to forever warrant & defend the title to said land & every part thereof to the said James Brinkley his heirs & assigns against the lawful claims of all persons whomsoever. Jan. 16. 1895 Johnson (his mark) Hill Attest Ellen (her mark) Hill (43) J. J. Taylor } State of Tennessee } Franklin County } Personally appeared before me John L. Taylor a Notary Public in and for said county and state, the within named Johnson Hill the bargainer with whom I am personally acquainted and who acknowledged that he executed the within instrument for the purpose therein contained. And Ellen Hill wife of the said Johnson Hill, having personally appeared before me privately and apart from husband, the said Ellen Hill acknowledged the execution of said to have been done by her freely voluntarily and understandingly, without compulsion or constraint from her said husband and for the purposes therein expressed. Witness my hand official seal at Prairie Plains Tennessee this the 16 day of Jany, 1895. J. D. Taylor Notary Public Recd for Registration the 19th day of Feby 1895 and entered in note book D, page 96, at 4:35 pm. J. J. Martin Register (44) ------------------------------------------------------------------------------ For and in consideration of two hundred dollars $200.00 cash in hand paid, the receipt of which is hereby acknowledged, the A J Hill and wife Margaret Hill (45) hereby sell transfer and convey unto William Hill a certain tract or parcel of land lying in the 9th Civil District of Franklin County Tennessee and bounded and described as follows. Beginning at a stone near the mouth of the lane leading from our residence to Alto thence S 39 poles to a stone standing 21 feet East of a red oak a corner of Richardsons tract thence W 82 poles to a stone, a corner of Thos Casetys (46) thence with his line N 39 poles to a stone thence E 82 poles to the beginning containing 20 acres more or less. We covenant that we are lawfully seized and possessed of said land and will forever warrant and defend the title thereto the said William Hill his heirs and assigns forever. Witness our hands this November 2nd 1897. (47) Witness A J (his mark) Hill J L Long Margaret (her mark) Hill ------------------------------------------------------------------------------ State of Tennessee } Franklin County } Personally appearance before me Boon Denton, a Notary Public in and for said county and state the within named A J Hill the bargainer with whom I am personally acquainted and who acknowledged that he executed the within instrument for the purposes therein contained. And Margarett Hill wife of the said A J Hill, having personally appeared before me privately and apart from her husband, the said Margarett Hill acknowledged that he executed the within named instrument for the purposes therein contained. And Margaret Hill wife of the said A J Hill having personally appeared before me privately and apart from her husband the said Margarett Hill acknowledged the execution of said instrument to have been done by her freely, voluntarily, and understandingly, without compulsion or constraint from her said husband and for the purposes therein expressed. Witness my hand and official seal at Winchester Tennessee this 2nd day of November 1897. Boon Denton Notary Public Received for registration July 26th 1898 at 8 am and entered in Note Book D Page 155. W M Looney Register By J J C Looney DR ------------------------------------------------------------------------------ FURTHER DEVELOPMENTS Although he did not move onto the tract in question, Johnson Hill, for about a decade, operated a sawmill on its eastern edge. In the 1920’s, the road providing access to the western side of these tracts and leading to a ford on Elk River (GPS 16 595576E 3906516N) became impassable and was closed. Wagon wheels had cut into the ground making a sunken road that was six feet deep at some points. On the eastern side of the tracts, a trail leading to the more distant Rutledge Ford (GPS 16 596018E 3907329N) was improved. For more than 50 years after these events, there was some animosity between the descendants of Andrew Jackson Hill and those of Johnson Hill. At times, they would deny being kin to each other. It is said that, about 1950, a conversation between Oda Mae Hill Coker (1879-1952), a daughter of Johnson Hill, with Andrew Jackson Hill, Jr. (1880-1962) did not resolve the problem. By 1950, Andrew Jackson Hill, Jr, had acquired nine of the twenty acres of William Hill’s tract. The one acre sold by Johnson Hill to James Brinkley, in the northwest corner of the tract, and ten acres on the east side of the tract were being farmed by Marvin Wilson Hill (1914-1992), a great grandson of Andrew Jackson Hill and also a grandson of James Brinkley. Marvin had a home facing Elk River. At this time, Andrew Jackson Hill, Jr, also owned 80 additional acres immediately south of this tract. ------------------------------------------------------------------------------ SUMMARY Before William Hill died, he had a document prepared showing that he wanted his son Johnson Hill to have the land on which he lived. Johnson’s response was that he would take care of his parents as long as they lived. The document was challenged by most of Johnson’s siblings, but primarily by his brother Andrew Jackson Hill, on the basis that it did not properly describe the land, and that Johnson did not live up to his commitment to take care of his parents. Johnson, to correct the boundaries, filed a cross bill against his siblings. The judge, apparently with some hesitation (marking out some words consistent with an opposite decision), ruled in Johnson’s favor. Andrew Jackson Hill then filed a suit against his brother-in-law, John L. Gipson, claiming that some of William Hill’s pension money was remaining and should be part of the estate. A detailed accounting by John L. Gipson was apparently sufficient to counter this claim. The estate was settled by allowing Andrew Jackson Hill to claim part of it as a fee for his services as administrator. ENDNOTES 1. Lemuel M. Baird (1843-?) was the mail carrier. 2. Mary Jane Hill married John L. (Casher) Gipson (1832-1915). 3. In these documents, Andrew Jackson Hill is listed as A. J. Hill and Jack Hill. 4. Martha Hill married James Sansom (1839-c1890). In these documents, she is listed as Martha Sanson. 5. Margaret Hill married Erasmus (Razz) Walls (1848-c1910). 6. In these documents, Jeremiah Hill is listed as Jerry Hill. 7. Susan Hill married James Brinkley (1847-1909). 8. Sarah Ann Hill married James Daniel (Dan) Tucker (1861-?). 9. Zeb Dardis (1842-?) was a black man, who soon moved to Civil District 19 (Penile). 10. Sam Cunningham (1830-?) was a black man, who moved, about this time, to Coffee County. 11. Armistead Rogers Oliver (1831-c1915). 12. James B. Ross (1859-1895) died during these proceedings. He was the son- in-law of John Wilder. 13. This is William P. Hill. In these documents, he is listed as W. M. Hill or William M. Hill. 14. Armistead Rogers Oliver was also known as Dock Oliver. His wife was Delitha Partin. 15. John Brannon (1847-1920) married Sarah Jane Hill (1858-1925), a daughter of Andrew Jackson Hill. 16. Abraham Wooten (1834-c1905) and his wife was Sarah Ann Gilliam (1834- 1912). 17. Calaway H. Warren (1864-1924) lived near Armistead Rogers Oliver at coordinates 595088E 3905813N. 18. This indicates that William Hill was buried in one of the cemeteries (probably Gipson) in Roark’s Cove. The Hill cemetery did not exist at that time. 19. Alto was previously known as Hockerville or Hawkerville. 20. Abe Wooten lived on what is now known as Granny Pond Road. 21. Johnson, primarily known as Johnse, is also listed as Johns and John. 22. Johnson Hill lived at approximately 594203E 3906236N. The distance from his house to Alto was about the same as that for Andrew Jackson Hill. 23. William M. Gipson (1871-1925), a son of John L. Gipson and Mary Jane Hill. 24. John Maldon Stephens (1856-1943). 25. The name Wilder is misspelled. John Wilder (1830-1906) 26. Jesse Nathaniel Wilder (1861-1942), a son of John Wilder. 27. The GPS coordinates are 595169E 3905950N. 28. John Wilder lived close to Johnson, at approximately 594122E 3906348N. 29. David S. Long (1814-1896) served as Justice of the Peace for many years. 30. Perry Featherston (1865-1942). 31. J. N. Wilder apparently lived with, or near, his father until he moved to Coffee County. 32. William Mansel Hill (1868-1948), a son of Johnson, married Sarah Tennessee Wilder (1871-1953), a sister of J. N. Wilder, in 1888. 33. Lewis Morris (1859-1942) was a Justice of the Peace. 34. John Stephens. 35. Mansel Coker (1814-1903). 36. Isabel (Sabe) Garner Hill (1849-c1935), wife of Jeremiah Hill 37. Susan Hill Brinkley was commonly known as Suse. 38. Dr. John K. Farris (1840-?) practiced in Prairie Plains, in Coffee County. 39. Louis Marcus (Dick) Partin (1858-1937). 40. In those days, goods could be ordered from and delivered by postmen. 41. Allen Hill (1865-1921), son of Andrew Jackson Hill. 42. One of the claims was probably that of Dr. Farris. The other was apparently that by John Gipson for services in keeping his father-in-law. It is likely that neither was paid. 43. Johnson’s wife was Ellen Coker Hayes (1839-1929). 44. This demonstrates that Johnson Hill actually acquired the land. James Brinkley used this one-acre tract of land, located in the northwest corner of William Hill’s tract, to build a home. At present, it is overgrown but can easily be located on satellite maps. 45. Andrew Jackson Hill was married to Margaret Gipson Bean (1838-1927). 46. Thomas Cassidy (c1875-?). 47. This land was sold to William Henry Hill (1860-1946), a son of Andrew Jackson Hill. It is likely a tract on the west side of the road to Alto at coordinates 595180E 3904623N, where William Henry Hill later lived. Since Andrew Jackson Hill died four months later, it is unclear if he returned to live at his previous location, the site at which he is buried. File at: http://files.usgwarchives.net/tn/franklin/court/hill56gwl.txt This file has been created by a form at http://www.genrecords.org/tnfiles/ File size: 84.7 Kb ---