JACKSON COUNTY, TN - COURT - Benjamin C White vs George McWherter July 1854
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Book B Page 172 Jackson County Tennessee Court Minutes
Benjamin C White
vs
George M McWhirter Defendant
Be it remembered that on this 14th day July 1854 the above cause came on to be
heard before the Honorable Samuel M Fite Special chancellor & upon Bill answer
sheets and proof from which it appears to the satisfaction of the court that
Robert White departed this life in Jackson County Tennessee about the month
of October 1852 leaving a will which has been duly proven and that by said 
will complainant and defendant were appointed his executors who executed bonds 
jointly for the due execution of his said will  It further appears to the 
court that complainant & defendant acted together as co executors of said will 
until the property of the testator was all sold and notes or bonds taken for 
the payments of the same on one and two years credit which sale of property 
notes effects & appurtances amounts to several thousand dollars all of which 
effects to come to the hands of George M McWherter who has since that time 
refused to deliver any part of said estate to Complainant and has given 
reasons for the same which is not esablished by the proof which assets have 
been demanded of him by complainant and refused to be given up or amounts 
thereof  It is therefore adjudged and decreed by this court that complainant 
recover of defendant the possession of one half of all the notes money debts & 
property of said Robert White decd which came to the hands of said defendant 
as co executor of said Robert White deceased which has not been paid by him to 
creditors & legatees of said Robert White deceased and that the clerk and 
master of this court take and state an account of said notes money accounts 
debts belonging to same estate unless such as may have been legally paid to 
complainants or legatees in the hand of defendant as executor and examine him 
on interogations in relation thereto and report to the next Term of this court 
and that complainant and defendant each pay one half of the costs of this said for which execution may issue