MARSHALL COUNTY, TN - COURT- Minutes MARCH 1840 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–MARCH 1840 Page (346) cont. March term 1840. The state of Tennessee Marshall County. At a County Court begun and held for the Court house in the Town of Lewisburg the place appointed by law for holding the several Courts in said County on the first monday in March the same being the 2nd day of the month A.D.1840 - Present Ephraim HUNTER, Burgess HARDIN, Thomas WILSON, and John FIELD, Gentlemen Justices of the peace, Proclamation &C. The following proceedings were had martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with George W. OGLIVIE guardian of the minor heirs of B. LONG decd for the year ending the 1st day of March 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Martin W. OAKLEY) vs ) George W. OGILVIE) Guardian of Richard LONG & George H. LONG, Martin W. OAKLEYwho by bond heretofore executed jointly with the said George W. OGILVIE to the chairman of the County Court of Marshall County as security for his faithful discharge of the trust imposed on him as guardian of Richard Benjamin LONG and George Adams LONG minor orphans of Brumfield LONG Decd this day come into open Court and brings with him the said George W. OGILVIE guardian as aforesaid and surrendered him the Court in discharge of himself. It is therefore ordered of himself. It is therefore ordered b the Court that the said Martin W. OAKLEY be discharges from all further liabilities as security for the said George W. OGILVIE as guardian aforesaid. Whereupon the said George W. OGILVIE (347) executed his bond with Kendal DAZEY as his security to Benjamin WILLIAMS chairman of the County Court of Marshall County in the sum of Nine thousand dollars, conditioned as the law in such cases made and provided, directs, and thereupon the said George W. OGILVIE was continued as Guardian of the said Richard B. LONG and George H. LONG minor orphans of Brumfield LONG Decd. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Henry B, ERWIN Guardian of E. P. ERWIN minor of J. P. ERWIN decd for the year ending the 7th day of January 1840 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 Elias ALEXANDER guardian of Elizabeth, Thomas & John ALEXANDER minor heirs orphans of Arthur ALEXANDER decd for the year ending the 27th day of February 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be confirmed. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Nancy HARRIS guardian of Mary HARRIS for the year ending the 29th day ending the 29th day of February 1840 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 Wm. DAVIS guardian of Elizabeth R. LANGLEY minor orphan of Lemuel LANGLEY decd for the year ending the 4th day of February 1840 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 James F. WARREN guardian of William HARRIS minor orphan of Mack HARRIS deceased for the yearending the 29th day of February 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (348) March term 1840. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Isaac L. GRAVES guardian of Sherwood and John GRAVES decd for the year ending the 29th day of February 1840 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 John W. CAMPBELL Wilson P. DAVIS and Joseph W. WINSTON commissioners appointed by said clerk an account of a settlement made with Robert S. WILSON administrator of the estate of Robert S. WILSON decd to make distribution among the creditors of said decd was by the Court seen and in all things confirmed and ordered to be recorded. William WILKS Executor to the last will and testament if John LIPSCOMB appeared in Court and presented an inventory of said estate which was ordered to be recorded. Joseph McADAMS Administrator of Jesse McADAMS decd appeared in Court and presented an Inventory and a ccount of sales of said Estate which was ordered to be recorded. The commissioners appointed at a former term of this Court to set apart one years provision to Christena DAVIS widow of James DAVIS decd reports as follows to wit, Report of the commissioners, We the undersigned Freeholders of Marshall County after being duly sworn have proceeded to set apart to Christena DAVIS Widow of James DAVIS deceased sp much of the crop and provisions on hand as will be sufficient in our opinion to support her and her family one year from the death of her said husband we set apart to her for said purposes the following articles, to wit, 100 barrels of corn. 1500 pounds of bacon 2 stands of laird, 50 bushels of wheat, 1 Barrel of salt, 35 lbs of coffee, 75 lbs of shugar, 2lbs of pepper 2 lbs of all spice, 2 lbs of ginger what soap and soap grease on hand, 20 lbs of tallow 2 muttons and 5 pigs for roasters one beef worth seven dollars one snall side of soal leather and a piece on hand (349) one side of upper leather, 400 lbs of seed cotton what wood that is now.on hand, 1000 bundles of fodder what flax that is on hand what oats that is in the barn loft, Givin under our hands this 21st day of February 1840. John R. HILL Peter WILLIAMS Robert MARSH Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. On motion it is ordered by the Court that Charles WELCH be appointed overseer of the road from the X road at Henry COLLINS to the top of the Elk Ridge near James REEDS in room of Francis K. RAMBO and that he have the former hands to keep said road in repare. Issued. On motion it is ordered by the Court that William R. YOWELL be appointed overseer of the road in the room of Moses DARNEL and that he have the former hands. Issued. On motion it is ordered by the Court that Garland PARISH be appointed the overseer of the road Leading from Mooresville to TILMAN Mill on Duck river commenceing at the County line near the widow ANDREWS and terminateing at William STONES Mill and that he have the former hands and those that li ve in the former bounds. Issued. On motion it is ordered by the Court that E. H. McLEAN, Samuel GRAVES, J. W. WILSON, E. C. THOMPSON, Martin ADAMS, and J. W. OGILVIE be appointed a jury of View to change a part of the road Leading from Lewisburg to Murfreesborough commenceing at or near Josepg W. WILLIONS north boundary Line and terminateing at the west end of Martin ADAM’s Lane if in their Judgement the good of the individuals require it and that of the ouplic not injured and report thereon to the next April term of this Court. Issued. (350) March term 1840. It appearing to the Court that James W. MANIER, Sarah P. MANIER & Mary J. W. MANIER are orphans & minors & now reside in the County of Marshall & who have no guardian know to the Courtand the said James W. MANIER now appearing in open Court and being more than fourteen years of age selects & the Court hereby appoints Egbert B. KITRELL guardian of the said Sara P. MANIER & Mary J. W. MANIER minors as aforesaid and the said Egbert B. KITRELL having entered into bond in the sum of seven tousand dollars with John H. HOLT and Aaron BOYD his securities for his said guardianship & the same is accepted by the Court. It appearing to the Court that Robert J. B. GRANT is an orphan and minor & now resides in the County of Marshall & who have no guardian known to the Court and he not being fourteen years of age and the Court hereby appointed George W. RECORD Guardian of the said Robert J. B. GRANT minor as aforesaid and the said George W. RECORD having entered into bond in the sum of Ten Thousand dollars with James C. RECORD and Greenville SMITH his securities for his said Guardianship and the same is accepted by the Court. It appearing to the Court that Malinda and Henry BIRMINGHAM are orphans or minors and now reside in the County of Marshall and who have no Guardian known to the court and the said Malinda and Henry BIRMINGHAM now appearing in open Court and being moore than fourteen years of age selects and the Court hereby appoints Thomas H. HARDEN the guardian of the said Malinda and Henry BIRMINGHAM, minors aforesaid and the said Thomas H. HARDEN having entered into bond in the sum of Two hundred dollars with George W. BIRMINGHAM his security for his said guardianship at the same is accepted by the Court. It appearing to the Court that John RITCHIE Jr. a resident of Marshall County has departed this life leaving no last will and testament and John VINCENT made application for Letters of Administration of all (351) and singular the goods and chattles rites and credits of him the said RITCHIE decd he having entered into bond in the sum of one thousand dollars with Ashley MOORE and George W. RECORD his securities and the same is accepted by the Court It is therefore ordered by the Court that Letters of administration Issue accordingly he takeing the oath prescribed by Law. On motion it is ordered by the Court that William COWDEN Ashley MOORE William WILES William ORR and Robert ORR be appointed commissioners to lay off and set apart one years provision for Elizabeth RITCHIE from the death of her husband the widow of John RITCHIE decd and report to the next term of this Court. Issued. On motion it is ordered by the Court that David YANCEY Jerman WOODWARD, Thomas CUMMINS, Milton ENDSLEY Newton ENDSLEY and Henry S. BLAKE MORE be appointed a Jury of View to change a part of the Lewisburg road commenceing at or near the branch South of the mill and intersect the old road north west of James BLACKWELL’s house if in their opinion the good of the individual require it and that of the public not injured and report to the next term,April, of this Court. Issued. On motion it is ordered by the Court that Elisha HURT Joseph WINSTON, Robert WINSTON, William CANDLE, Shadrick TILLMAN Jonathan SMITH, James V. EWING and George W. RECORD be appointed a Jury of view to lay off and mark out a road to the best advantage to commence at Lewisburg and pass by William RHEA’s intersecting the Columbia road at Henry BRAY if in their opinion that the good of the public require it and that of individuals not injured and report to the next April term of this Court. Issued. A writ Issued at a former term of this Court commanding the sherriff of Marshall County to summons a Jury (352) of inquest to inquire into the Lunacy and minds of David CARR, Charles CARR and Susan CARR is returned by said Sherriff with the following indorsements thereon to wit, Came to hand the 22nd day of Feb.1840, John R. HILL Shff. I proceed to summon a Jury & Examine the within named person as directed by the honorable Court of Marshall County. John R. HILL Shff. The Jury agree and after receding the matter disagreed this March 2nd 1840. John R. HILL Shff. It is therefore ordered by the Court that the said order be revived and that the clerk Issue to the said Sherriff a writ commanding to summon a Jury of inquest to Examine to the condition of the aforesaid CARRS and report to the next Term of this Court. It appearing to the Court that one of the securities of James EDWARDS Guardian of Mahenry Ann BRIDGES has removed out of the State of Tennessee. It is therefore ordered by the Court that the clerk of this Court Issue notice to the said EDWARDS to appear at the next term of this Court and give the other security as the law directs. Issue/ Andrew NEILL a citizen of Marshall County this day appeared in open Court and made his declaration in order to obtain a pension from the United States. And thereupon Court adjourned untill Ten oclock tomorrow morning. Burgess HARDEN J.P. Ephraim HUNTER J.P. B. WILLIAMS J.P. (353) Tuesday Morning, March 3rd 1840. Court met according to adjournment present Burgess HARDEN Ephriam HUNTER and Benjamin WILLIAMS, Gentlemen Justices of the peace, proclamation &C. The following proceedings were had, Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with Wm. WILLIAMS Jr. guardian of the minor heors of Henery BINGAMAN decd for the year ending the 3rd day of March 1840- Which 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 A. TALLY guardian of the minor heirs of Polly TALLY decd for the year ending the 27th day of February 1840 which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. Andrew NEILL) Application fir Pension from the vs ) United States. United States ) And the said Court do hereby declare their opinions after the investagation of the matter and after putting the interrogataries prescribed by the war department that the above named applicant was a Revolutionary soldier and served as he states, and the Court further certifies that at appears to them that Vilet CATHEY and Easther REED who have signed the preceeding certificate are residents in Marshall County State of Tennessee and are credible persons and that their statement is entitles to credit and thereupon Court adjourned untill Court in Course. Burgess HARDIN J.P. Ephraim HUNTER J.P. B. WILLIAMS J.P.