MARSHALL COUNTY, TN - COURT- MINUTES, May 1837 ==================================================================== 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 COURT MINUTES--MAY 1837 SESSION (page 22 cont.) Monday morning May 1st 1837. Court met according to adjournment members present William McCLEUR Chairman James REED Adam MILLER Peter WILLIAMS Thomas WILSON William COWDEN William WILKS Gentlemen Justices of the peace. Ordered by the Court that Thomas ROSS JOhn HATCHETT & James REED be appointed commissioners to settle with James C. RECORD administrator of Thos. RUTLEDGE deceased any two may act and make return to the next term of this COURT. Issued to James C. RECORD. Ordered by the Court that John W. RECORD have the privilege and he is hereby authorized to set up two gates on the Columbia road one on thenorth of his house and the other on the east of his house the said gates to be made according to law. Ordered by the Court that Thomas COOPER be reaesaed from paying double tax for the year 1837. Ordered by the Court the the Sherriff of Marshall County be required and he is hereby Commanded to summon Joseph DUNCAN personally toappear at the next term of this Court and there Exhibit the last will and testament of William DUNCAN ceased. Issued. Ordered by the court that the estate of Alexander B. REED Deceased be entitled to receive the sum of five dollars from the school commissioners from the proceeds of the school land of which he was commissioner for his services as Con. (23) Ordered by the court that David McGAHEY John HATCHETT William WILKS be appointed a committee to adop rules for the regulations of the County Court of Marshall County and make report to the next term of this Court. Issued. Articles of agreement made and entered into between the distributers of the estate of John WILKS deceased (to wit) William WILKS John WILKS Berry MOORE Jeremiah HOLT Morgan FITZPATRICK and Joseph G. EDMUNDSON witnesseth that the said distributers doth agree mutually between themselves to tner into a division of certain named negroes belonging to said estate also the money in hand (to wit) Aylsa, Robert David, Nimrod, Samuel, Solomon, Philip, Green, Zenee, Mary, and Barbary- we do further agree that Thomas ROSS George W. McBRIDE and John VINCENT shall be chosen as commissioners to perform the above duties in dividing the above named property we firther agree that if either of those commissioners now chosen from any accident cannot serv that we will proceed to the choice of some other disinterested man or men to perform these said duties and for the instruction of those commissioners we further agree that they shall leave out the woman names Aylse and divide the remaining ten negroes and Eight Eqquel lots asnear as they can be we further agree that Zenee & her two children shal be laid of in one lot we also agree that the money in hand shall be appropriated to the use of making the inferior lots eaquel in value to the superior. except the lot that may fall to Malinda and Blackstone H. BILLS if that should be be a superior lot we the above named disrributers bind ourselves to pay our proporionable part of the money that would be obligatory on them to advance to make the inferior lot equal in value to the superior and we further agree to by out of the use of said money so advanced untill Wm. WILKS and John WILKS the Guardian of those minor heirs received money from other sources that the said minors shall be entitled to (24) from the estate of the above named deceased we further agree that the said commissioners shall take the woman Aylsa and value her give her a choice which of the distributers she will make choice of to live with the balance of her natural life we also agree to relinquish all our right title claim and intrust in and to said negro to the person she may make choice of to live with, with out any value or consideration also William & John WILKS doth agree as Guardians for Malindan & Blackstone BILLS that they will relinquish all right title and claim and interest of said negro Aylsa in the name of said minors and for the true performance of this the above articles we bind ourselves hour heirs Executors and administrators firmly by these presence this 13th day of March 1837. Signed sealed and delivered in presence of us. Ashley MOORE Andrew CALVERT William WILKS Berry MOORE Jeremiah HOLT Morgan FITZPATRICK Joseph C. EDMONDSON State of Tennessee, Marshall County We the undersigned being chosen by the distributers of the estate of John WILKS deceased to divide the negro property and money of said estate did on 14th march 1837 in pursuance of an article of agreement entered into by said distributers bearing date the 13th March 1837 which article is herewith filed. Entered upon said duty and have made the following distribution (to wit) William WILKS gets a negro man named Nimrod valued at one thousand dollars John WILKS get negro named So.lomon valued at nen hundred and fifty dollars Berry MOORE gets a bay [boy?] named Green valued at six hundred dollars. Joseph D. EDMUNDON & William S. WILK gets the boy named Phillip valued at Eight hundred dollars William WILKS for for Thomas ROBBY gets Zena & her (25) Two children valued at nine hundred and fifty Dollars Blackstone and Malinda BILLS gets Samuel valued at Eight hundred Dolars Morgan FITZPATRICK Representative of John and Polly DEAREN gets Bob valued at nine hundred dollars Jeremiah HOLT gets David valued at one thousand dollars. Each distributer part of the negros and money agreeable to our valuation amounted to nine hundred and Twelve dollars and fifty cents, there fore all who drew his part paid over the plusto the inferior lots to equalize them agreeable to the provisions made in said articlesof agreement Aylsa valued at one dollar and cost Wiliams WILKS for her master and was disposedof as provided for in the before mentioned article of agreement. George W. McBRIDE Thos. ROSS John VINCENT John HATCHETT Elected Justice of the peace for Marshall County appeared in open Court and took the oaths re quired by law. Sherwood DUNNIGAN Executor to the las will and testament of M. WALLACE Dec. appeared in open Court and returned an inventory of said estate. Sherwood DUNNIGAN Executor to the last will and testament of Matthew WALLACE deceaed appeared in open Court and returned the amount of sales of said e state. William WILKS Exhibited his account as Guardian for Malinda S. BILLS & Blackstone H. BILLS minor orphans of Jonathan D. BILLS deceased which was received by the Court and ordered to be recorded. Edward OWENBY Exhibited his account as Guardian for Sentha Tabitha Eli C. Matilda Susannah Jeremiah & Elizabeth OWENBY minor heirsof Jeremiah CHEEK deceased which was recei ved by the Court and ordered to be recorded. (26) John SHUFFIELD Exhibited his account as Guardian for John D. ROBERTS minor orphan of Bright ROBERTS deceased which was received by the Court and ordered to be recorded. John SHUFFIELD Exhibited his account as Guardian for Nancy Ann ROBERTS minor orphan of Bright ROBERTS deceased which was received by the court and ordered to be recorded. The commissioners appointed at a former term of this Court to make arrangements with the County of Bedford Court to receive the Taxes which was collected from the fraction of Bedford County no Marshall County do make report following, (to wit) To the worshipful Court of Marshall County we the undersigned applied to the County Court of Bedford County to refund to Marshall County her part of the cerpulos revenew in Bedford County but finding the Court had no power to make any appropriations for the prupose we did not press the subject and nothing was done by us to effect the within object 1st May 1839 [should be 1837?] William McCLURE James L. EWING Ordered by the Court that Stephen W. RAINEY John ROBERTSON William ROBERTSON, John RILEY John CATHEY James CATHEY and Hiram WILSON be appointed a Jury of review to Review that part of the road leading from RAINEY's store to the Williamson County line which passes through the enclosure of Marcullus COOK and turn said road round said inclosure or assess damages and make report to the next term of this Court. Issued. Ordered by the court that John H. BILLS have the following hands (to wit) John F. BOYT to work on the road on which the said BILLS is overseer. (27) Jane CHERRY appeared in Court and Complained that the road running from MORTONS old mills runs through her land and that she was injured by said road or assess the damages she d dose sustain. It is therefore ordered by the Court that Charles LAVENDER Henry SMITH John MORTON Sr. James PATTERSON James PATTERSON Esqr Joseph ROSSON Marcellus COOK and Aaron BOYD be appointed a Jury of review to review said road Complained of and assess the damages that the individual dose sustain or turn said road to such pointed as in their judgement the public good and the good of the individual require and make report to the next term of this court. Issued. They lasy will and testament of Samuel VEST deceased was this day proven in open Court by the oath of Adam MILLER & Bird B. LANVENDER subscribing witnesses thereto and was ordered to be entered on record. Ann VEST and Gideon CHADWELL appeared in open Court and gave bond in the sum of Two thousand Dollars with security accepted of and approved of by the Court and took the oath required by law as Executrix and Executor to the last will and testament of Samuel VEST deceased. James OSBURN appeared in open Court and heaving given bond in the sum of Fifteen hundred dollars with security approved of by the court he was thereupon appoint4ed Guardian for James John Sally Polly Elizabeth Duseaner Parilee Rebecca D. & Martha COLLINS minor orphans of Durham COLLINS deceased. Certificate. John R. HILL appeared in open Court and having given bond in the sum of Two thousand dollars with security approved of by the court he was thereupon appointed Guardian for JohnA A. EVINS orphan of John EVINS Deceased--Certificate. (28) John W. RECORD appeared in open Court and having given Bond in the sum of Two Thousand Dollars with securities approved by the Court he was thereupon appointed guardian for William EVINS Miner orphan of John EVINS Deceased. Certificate. Aaron BOYD and S. DUNNEGAN presented a petition with Sundary persons assigned thereto asking the privilege of erecting a bridge across Duck river and further asks the Court to make appopriation for the erection of said bridge. Whereupon said petition was filed and will stand for hearing at the next term of this Court. Court adjourned until 9 o'clock to-morrow morning. Wm. McCLURE Chairman Thomas ROSS James L. EWING Tuesday Morning May 12th 1837. Court met according to adjournment proclimation &C. Members present William McCLUER Chairman Thos. ROSS and James L. EWING Gentlement Justices of the Peace. Ordered by the Court that E. E. VERNER overseer of the road leading from McMURRYS Mill to RANKINS old shop have the following hands (to wit ) William D. McCARY & Mary EWINGS hand and no more to work on said road on which he is overseer. Issued. There being no morepublic business to transact the court adjourned untill Court in course. Wm. McCLURE Chairman Thos. ROSS James L. EWING