MARSHALL COUNTY, TN - COURT- Minutes DECEMBER 1839 SESSION ==================================================================== 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 transcribed by TNMARSHA-L@rootsweb mailing list members and contributed for use in the USGenWeb Archives by: Dana Hill =================================================================== MARSHALL COUNTY TENNESSEE COURT MINUTES–DEC 1839 Page (317) December term 1839- State of Tennessee Marshall County. At a county court begun and held for the County of Marshall at the Court house in the town of Lewisburg the place appointed by law for holden the several Courts in said County on the first Monday in December the same being the second day of the month AD. D 1839. Present Asa HOLLAND James V. EWING two of the regular quorum and Burgess HARDEN Gentlemen Justices of the peace Proclamation &C. The following proceedings were had Martin W. OAKLEY clerk of this Court presented to this Court and account of a settlement made by David McGAHEY Wm. T. NOWLIN & Wm. B. HILL commissioners appointed with Joseph H. HACKNEY decd- which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Jas, B. RECORD Executor to the last will and testament of Siob RECORD decd which report being seen was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this court presented to this Court an account of a settlement made by him with Thomas ROSS one of the administrators of Davis WILLIS decd which report being seen and by the Court understood was in all things conformed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Vincent DUNCAN administrator of the estate of Micajah DUNCAN Decd which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (318) December term 1839. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with James OSBURN Guardian of the Minor heirs of Durham COLLINS decd for the year ending the 2nd day of December 1839 which report being seen and by the Court understood was in all things conformed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with James H. PARK guardian of Jas. Anderson & William Madison PARK for the year ending the 2nd day of December 1839 which report being seen abd by the Court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Berry MOORE Guardian of Blacksttone H. BILLS minor orphan Jonathan D. BILLS decd for the year ending the 2nde day of December 1839 which report, being seen and by the Court understood was in all things confirmed and ordered to be recorded. Thos. McKNIGHT Administrator of the estate of Joseph McKNGHT dec. appeared in Court and returned an Inventory of said estate which was ordered to be recorded. Jonathan BILLS one of the Administrators of Jas. A. GINMINGS decd appeared in Court and returned an Inventory and account of sales of said estate which was ordered to be recorded. James V. EWING administrator of HELENS (James) decd appeared in Court an presented an Inventory and account of sales of said estate which was ordered to be recorded. Mary LUNN Administratrix of the estate of Nathan LUNN decd presented an Inventory and account of salesof said estate which was ordered to be recorded. (319) December term 1839. It having been represented to the satisfaction of this Court that John F. MARTIN a resident of Marshall County has died leaving nowill and John FIELD appeared in Court and made application for Letters of administration of all and singular the goods and challtes rites and credits of him the said MARTIN, and the Court having been satisfied of his right to obtain them the same is granted. It is therefore ordered that Letters Issue accordingly he having Executed his bondi n the sum of Twenty five hundred dollars with J. LIGGETT & Sampson LIGGETT his securities and took the oath prescribed by law. On motion it is ordered by the Court that James Old W. ALDRIDGE & John McDANIELS be appointed commissioners to lay off and set apart one years provision for Sarah MARTIN widow of John F. MARTIN decd and report thereon to the next term of this Court. James BILLINGTON appeared in Court and on Motion was appointed Guardian to Hanner Malvina McALL and James Ross McALL minor orphans of Samuel McALL decd he having Executed his bond in the sum of fifteen hundred dollars with James WALKER his security, which was accepted by the Court. James H. DAVIS appeared in Court and on motion was appointed guardian to Etherlbert H. C;AYTON decd who thereupon Executed his bond in the sum of Five thousand dollars with Felix G. GIBSON and John H. CLAYTON his securities which which was accpeted by the Court. Hugh McMURRY Administrator of the Estate of John A. HALL Deceased appeared in Open Court and returned an Inventory and account of sales of said Estate which was ordered to be recorded. (320) George CANNEER administrator of the estate of Henry S. WILKS decd appeared in Court and presented an account of sales of said estate which was ordered to be recorded. On motion it is ordered by the Court that Jacob CALHOUN be appointed overseer of the road commenceing at RAINEYS store and terminateing at HURTS X Roads and that he have the hands that worked under Charles NEIL the former overseer. Issued On motion it is ordered by the court that H. N. COWDEN be appointed overseer of the road Down Richland Creek Commenceing at W. COOKS Mill and terminateing at John C. COWDEN’s and and that he have the former hands. Issued. Elisha HURT, John APPLEBY Sr. and John FIELDS who was appointed commissioners at a former term of this Court to set apart one years provision to Jane B. HELM widow of James HELM decd reports as follows, to wit: We the understanding free holders of Marshall County being duly sworn have proceeded to set apart to Jame B. HELM widow of James HELM Decd so much of the crop and provisions on hand as will be sufficient in our opinion to support her and family one year from the death of her said husband, we set apart to her for said purpose the following artiles, to wit, one cow and calf 250 lbs of pork 20 lbs laird 25 lbs of sugar 15 lbs of coffee 10 bushels of corn 5 bushels wheat, this 23rd November 1839. Signed under seal by commissioners. Elisha HURT John APPLEBY Sr John FIELD Which report being seen and by the Court understood was in all things conformed and made the order of this Court. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT Deputy Clerk with Elizabeth STAMPS guardian of the minor heirs of Bird STAMPS the 29th day of November 1839 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (321) December term 1839. It having been represented to the satisfaction of this Court that James F. FISHER a resident of Marshall County has died leaving no will ans S. W. BEATTY appeared in Court and made application for Letters of Administration of all and singular the goods and chattles rites and credits of him the said James F. FISHER and the Court having been Satisfied if his right to obtain them he having Executed his bond in the sum of one hundred dollars with George FISHER his security the same is granted. It is therefore ordered by the Court that Letters Issue accordingly he takeing the oath prescribed by law. It having been represented to the satisfaction of the Court that Jesse McADAMS a resident of Marshall County has died leaving no will and Joseph McADAMS appeared in Court and made application for Letters of Administration of all and singular the goods and chattels rites and Credits of him the said Jesse McADAMS and the Court having been satisfied of his rights to obtain them he having Executed his Bond in the sum of One Thousand dollars with Erwin McADAMS his security the same is granted. It is therefore ordered by the Court that Letters Issue accordingly he taking the oath prescribed by law. Felix G. GIBSON appeared in Court and presneted a transcript from the County court of Lincoln County, which is in the words and figures following t6o wit, State of Tennessee Lincoln County Court October Term 1839. F. G. GIBSON appeared in Court and on motion was appointed Guardian to Amanda CLAYTON who thereupon gave bond in the sum with security and took the oath prescribed by law. State of Tennessee. I, Charles BOYLES clerk of the County Court of Lincoln County certify that the foregoing is a copy of the record remaining in my office. In witness whereof I have hereto set my hand and affixed the seal of said Court at office in Fayetteville this 8th day of November 1839. C. BOYLES Clk. (322) Berry MOORE who was appointed Guardian to Blackstone H. BILLS at the last term of this Court appeared in Court and released the former securities to said bond, who thereupon gave bond in the sum of Five thousand dollars with John WILKS and T. G. EDMONDSON his securiites which was accppted by the Court. It is therefore ordered by the Court that the former securities John FIELD and William D. POWELL not be responsible for any further liabilities in causing consequence of said guardianship. On motion it is ordered by the Court that James PATTERSON be appointed overseer of the Halls ford road commenceing at Hugh HOUSTONS and terminateing at Leander N. EWING and that he have the former hand, Issued. And on motion Court adjourned untill Ten oclock tomorrow morning. Asa HOLLAND J.P. James V. EWING J.P. Thomas WILSON J.P. Tuesday Morning December 3rd 1839. Court met according to adjournment present Asa HOLLAND James V. EWING regular quorum & Thos. WILSON Protem Gentlemen Justices if the peace proclamation &C. The following proceedings were had, On motion it is ordered by the Court that Daniel DAVIS be appointed overseer of Lewisburg road commenceing at the big Lick and terminateing at Stephens PETERS and that he have all the hands that worked under WOODARD and all other hands that may live in their bounds. Issued. On motion it is ordered by the Court that Patrick W. McCORKLE, Josiah DUNCAN, Horatio PHILLIPS, Spratly TURNER, William SHEHAM, Josoah ROBBINS, Thomas McKNIGHT Alsalom ALEXANDER be appointed a Jury of View to lay off and mark out a Mill road commenceing at Josiah DUNCAN’s saw mill thence by R. W. HILLS Grist Mill thence passing by said HILLS house thence by Greenville SMITH’s House and thence to intersect the road leading from Lewisburg to Cornersville at the corner of James HENRY fence if in the opinion the good of the individual require it and the good of the pub;ic not injured and report to the next term of this Court. (323) December term of 1839. Thomas WILSON appeared in Court and on motion was appointed Guardian to Elizabeth, Roseannah, Susan, Emily, Martha and James LONDON minor orphans of John LONDON decd who gave bond in the sum of five hundred dollars with William D. POWELL his security which was accepted by the Court. On motion Court adjourned untill Court in Course. Asa HOLLAND J.P. Thomas WILSON J.P. James V. EWING J.P.