GRAINGER COUNTY, TN - COURT - Petition Hamilton Roach et al vs Green Roach et al ==================================================================== 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: Ed Elkin elkine@netzone.com ==================================================================== Petition Hamilton Roach & Others vs Green Roach & Others Filed 8th Oct 1867 M. Goldman, Clk 1 To the Worshipful J.D. Curl, Chairman of the Couny Court of Grainger County and the associate Justices Sitting and holding the County Courts for Said County at Rutledge- The petition of a number of the legal heirs and Representatives of the late Green Roach decd and all of whom Reside in Grainger County Tennessee- to wit: John Roach, Hamilton Roach, Absolam Roach, Alfeus Owens & his wife Margaret formerly Roach, C C Nance and his wife Susan formerly Roach, Nathaniel McElhaney and his wife Mary formerly Roach-all of whom are the Sons and Daughters of the Said Green Roach, and the husbands of his Said Daughters- Filed against his widow Margaret Roach and James H. Peck administrator of the estate of the Said Green Roach, deceased, and against Green Roach Son of Said decedent who has been declared a Lunatic, and against John H Hammers his Guardian, who Reside in Grainger County Tennessee-And against Green Arnett who married Nella formerly Roach and whose said wife some time Since departed this life and whose Said husband is also dead-And against the children of Said Nella to wit: Adam Tutor and his wife Susan, ie, formerly Arnett and whose whareabouts is unknown to petitioners-and (sic) Coffee and his wife Mary Ann formerly Arnett- 2 and Margaret Arnett, and Jacob Arnett, and Lerisa Arnett, and Tabbitha Arnett, the last named four being minors and who together with the Said Coffee & wife and the Said Margaret and Jacob Arnett Reside in the State of Missouri,- And against Sterling Mallicoat whose whareabouts is unknown and against the children of his wife Eliza Ann deceased formerly Roach, to wit:Jessie C Mallicoat whose whareabouts is unknown, and Rachael Mallicoat resides in Grainger County and Sarah J Mallicoat her whareabouts are unknown and the Said Sarah J has no General Guardian,(and also Roda Mallicoat who is a minor and of unsound mind and has no General Guardian and who resides in Grainger County, Eliza Ann who Resides in Jefferson County and against the children of Sarah Roach, Nelson Roach and Nancy J Roach, and against William Mayse also a Son of Said Sarah after her marriage with Edward Mayse-the Said Sarah and her husband Mayse are both decd-and Said children Reside in Grainger County and are minors & have perhaps a General Guardian, has been assigned to him maybe & the other two have none 3 And against James Roach, and David Ray and Wife Anna formerly Roach, who reside in Missouri- Petitioners here Show all the names of the Children of Green Roach deceased and who either Represent themselves or are themselves Represented by Grand children of Said Green Roach to wit: Mary, Susan, Hamilton, Absolam, Green, Margaret, John, Nella, Elizabeth, James, Anna and Sarah- Petitioners show that Green Roach died Sometime Since in Grainger County at his domicil in the 5th district, leaving a widow Margaret Roach Surviving him and the above named children or there children Representing the parent and who are the legal heirs of Said decedent, and whose names and Residence are Set out in the Caption as full as they are known to your petitioners-together with husbands and Representatives- Said decedent died the Rightful owner of considerable personal property, and James H Peck has been by your Court duly appointed administrator of his estate, which is ample and fully Sufficient to pay all unpaid indebtness against 4 the estate of Said decedent & any costs that may accrue in this case Decedent also died the Rightful owner of about 302 acres of land, Situate in Grainger County 5th district adjoining the land of Robt Loyal James James John A Hamers and others And it is further Shown that out of Said land his Said Widow has been assigned dower by your Court And it is further Shown-that after the Assignment of dower which Consists of about 100 acres-there is a remainder of about 202 acres that is owned and held by your petitioners and the defendants named in the Caption as tenants in Common- And it is Shown to the Court, that Said 202 acres Can be divided into 12 lots or Shares of equal Value, it is true the lots will be Small but your petitioners show that a number of the legatees are feared Covert, and desire that there Shares be assigned in the land of which they are the Rightful owners-and So do all your petitioners believe land the best property and avow the fact that they wish to Remain in Tennessee about whare Raised 5 The pr__isses considered the prayer of petitioners is that the parties named in the Caption as defendants be made Such by due process and _________ as to the resident ones and that due notice be given the nonresident and unknown defendants by publication in a news paper to afford ample time for notice to all the defendants that this cause be set for hearing at the next Dec term of this Court- And it is further prayed that on the hearing that competent commissioners be appointed to lay off and assign to each Son and daughter of the Said deceased or to the children of the deceased ones who represent the parents there share of the Said lands So held by them as tenants in Common and that the Same be set out in Severalty and that they have full power to make them all equal in Value by the more valuable lots paying the difference to the lesser and that a lien be declared upon the lots that pay to others until the equality money be fully paid- And it is further prayed that a Guardian ad litum be assigned to Represent the minor defendants 6 And if deemed necessary by your worships in the mean time that a jury of inquisition of Lunacy be had as to Roda Mallicoat and that a Regular Guardian be assinged her-And it is further prayed that on final hearing among others that if the adm has funds or assetts sufficient in his hands belonging to the Said heirs entitled to these Shares of land that he pay the Costs and expences of this partition and that he have a Credit pro rata for the amount paid for each heir on his settlement as administrator- And if in anything petitioners are ___ to ______ there interest and Rights they pray for Such other Relief as they may be entitled to agreeable to the laws of the land- A recapitulation-The lands ask to be partitioned and assigned in Severalty are those not included in the widows dower-They do not now seek to disturb the dower in any way-but those now ocuupied by the heirs as tenants in common- Explanation the object desire is to have the land allotted in twelve equal Shares some to children in there own Right and the others to grand children representing the parent as tenants in common 7 Recapitulation of the Representing Shares to wit: The children of Elizabeth deceased who married Sterling Mallicoat-The children of Nella Roach decd who married Green Arnett-The children of Sarah Roach decd who married Edward Mayse deceased-Anna Roach who married David Ray-and James Roach-Green Roach, John Roach, Mary Roach who married Nathaniel McElhaney-Susan Roach who married C.C. Nance Margaret who married Alfeus Owens, Absolam Roach and Hamilton Roach P M Senter Atty for Petitioners State of Tennessee) Personally Came Grainger County ) before me Hamilton Roach and made oath in due form of law that the facts Stated in the foregoing Petition of his own knowledge are true and those stated on information he believes to be true ) his Sworn to and Subscribed)Hamilton X Roach before me Oct 8th, 1867) mark M Goldman Clerk ============================================================== END OF FILE