MARSHALL COUNTY, TN - COURT- Minutes NOVEMBER 1837 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--NOVEMBER 1837 SESSION Page (67) cont. The State of Tennessee. At a County Court began and held for the County of Marshall at the house of Abner HOUSTON on the first Monday in November the same being the sixth day of the month in the year of our Lord one thousand eight hundred and thiryt seven. Present William McCLURE chairman, Ephraim HUNTER, James L. EWING Joseph CLEEK, Thomas ROSS, John HATCHETT, James REED, James ADAMS, Thomas CUMMINGS, David YANCEY, As HOLLAND, Roert JOHNSTON, Peter WILLIAMS, Thomas WILSON, John FIELD, Thomas HARDISON & James PATTERSON, Gentlemen Justices of the peace. John ORR this day appeared in open Court resigned his appointment of School commissioner for Township No. - which is accepted. And thereupon the said John ORR applied to Court to make allowance to him for seven days service rendered as commissioner aforesaid, for which the Court allowed seven dollars. Magistrates voting in the affirmative are James ADAMS, David YANCY, Peter WILLIAMS, Joseph CLEEK, Robert JOHNSTON, Thomas HARDISON, John FIELDS, John HATCHETT, James PATTERSON, Thomas WILSON & Wm. McCLURE -11- Noes none. Issued. It having been represented to this Court that James KENNEDY late of this County has died leaving no last will and Testament and Thomas D. KENNEDY & John R. HILL having applied for letters of administration if all and singular the goods and Chattels, Rights and credits of said deceased and the Court being satisfied of their right to obtain them and having also entered bond in the sum of Thirty thousand dollars with George W. RECORD and Sherwood W. BATY Securities the same was granted. (68) Joseph McBRIDE, Zachariah GANT & Wynn TWITTY who had been appointed at aforesaid term of this Court to make division of hands between Hiram TWITTY, Lewis SHAW & Benjamin BINGAMAN, overseers therein named made the following report. Viz. State of Tennessee. By virtue of an order made at the October term of the County Court of Marshall County and directed to us requiring us to make division of hands subject to work on public roads, Between Benjamin BINGAMAN Lewis SHAW and Hiram TWITTY overseers do hereby report that we have performed the service and have assigned unto Hiram TWITTY all the hands on the main East fork of Richland Creek from William COOKS to Wynn TWITTY inclusive. To Benjamin BINGAMAN all the hands on the said East fork of Richland Creek from William GANTS to the head of the dame inclusive- And unto Lewis SHAW all the hands living on the dry fork of Richland Creek- All of which is respectfuly submitted. Wynn TWITTY Zacharieah GANT Jo. McBRIDE Which report being seen and by the Court understood is in all things confirmed and made the order of this Court. Allen LEEPER appeared in Court and presented a partition in the words & figures (viz) To the Worshipful the County Court of Marshall County now siting. Your Petitioner Allen LEEPER a citizen of Marshall Cty and State of Tennessee would represent unto your worships that he is desirous to Emancipate his negro man slave named Harry between thirty & fourty years he is induced to take this step from various reasons no the least of which is his conscientions scruples onthe sunject of holding slaves. He would further resent that said slave Harry will forthwith leave the State & your petitioner is ready and willing to enter into ond and security conditioned that said slave shall forthwith move from the State according to law. Your petitioner therefore prays your Worships to decree that said slave is from him forth a free man and as in duty bound he will ever pray. November 6th 1837. Allen LEEPER (69) A decree- Upon the petition of Allen LEEPER a citizen of Marshall County State of Tennessee seting forth that he is desirous to Emancipate his negro man slave named Harry aged between thirty & fourty years for certain reasons therein set forth and the Court being of the opinion according to the same will be consistent with the policy and interest of the state and the said LEEPER having enteres into bond & security approved by the Court that said negro Harry will forthwith remove from this State. It is there-oe ordered adjudjed and decreed by the Court that from this time forward the said negro Harry is a free man and Entitled to all of the rights & privileges of the other free negroes in this state. And it is further ordered and adjudged and decreed by the Court that said Harry forthwith remove from the State. Wm. McCLURE Chairman Allen LEEPER presented a Petition in the words & figures followin viz; To the worshipful the County Court of Marshall County now siting your Petitioner Allen LEEPER a citizen of Marshall County and State of Tennessee would represent into your worships that he is desirous to Emancipate a family of negroes who was formerly his slaves (viz- Ceasar near fifty years old and Mary his wife near thirty years old and their Children (viz) Nancy four years old on the 16th of January last Render about three years old and James about 18 months old. He is induced to take this step from various reasons not the least of which is conscientions scruples on the subject of holding slaves he would further represent that said negroes will forthwith leave this state and your Petitioner is ready and willing to enter bond and security conditioned that the aforesaid negroes shall forthwith remove from the state according to law. Your petitioner therefore prays your worshipd to decree each one and all be henceforth Free males & females, and in duty bound he ever pray- November 6th 1837. Allen LEEPER. (70) Decree- Upon the petition of Allen LEPER a Citizen of Marshall County State of Tennessee Setting forth that he is desirous to Emancipate his Negro slaves 1st Caesor near Fifty years of age 2nd Mary his wife Thirty years old and their children, viz, Nancy four years old on the 11 of January last Rendel about three years old and James Bout 18 months old- for certain reasons therein set forth and the Court being of opinion that according to the same will be consistent with the policy and interest of the state. And the said Allen LEEPER having entered into bond and security approved by the Court that said negroes Caesar, Mary and their children Nancy Rendel and James Will forthwith remove from this State. It is therefore ordered adjudged and decreed by the Court that from this time forward the said Negroes caesar, Mary, Nancy and entitles to all the rights and privileges of other free negroes in this State. And it is further ord red and adjudged and decreed by the Court that said negroes Caeser Mary with their children Nancy Rendel and James forthwith remove from this State. Wm. McCLURE Chairman' William WILLIAMS Jr. exhibited to Court his account as guardian of Henry G. BINGAMAN and Newton H. BINGAMAN, Isaac BINGAMAN and which being sworn to was ordered to be recorded. Ordered by the Court that the order made at the October Court to James LIGGETT & others to turn the road or assess damages to David CRISWELL be revived & make report to the next term of this Court. John ORR and James ADAMS Report as School commissioners received and ordered to be entered of record. Ordered that the order made at the last term of this Court to Martin WISENER & others to review the road from H. BISHOPS lane to William WILLIAMS as therein directed he revived and that Bedford WOODS David RAMSEY & Williamson WOODS be added to said Jury. Issued. The jury of view appointed at last term of this Court to review the ouplic road thro David YANCEYS plantation reported as follows- We the subscribed jury of view met agreeable to appointment and concluded that the publicv good does not require the alteration, but that the public would not be injured to permit David YANCY to alter said road from near the County line to run nearly a (71) straight direction to intersect the Lewisburg road at the ford of the Creek and that said YANCY would be much bebefited by altering it as we marked it out. Given under our hands. A. E. CUMMINGS Bedford ENDSLEY Jarman WOODWARD Thomas CUMMINGS I, James B. LOWRY one of the Jurors of review appointed do concur with the within report (duly sworn) 6th Nov. 1837 James B. LOWRY. Which report being received it ordered by the Court that part of as marked out as reported from near the County line to intersect the Lewisburg road at the ford of the Creek be opened and established as the public road. Ordered by the Court that William GANT be appointed overseer of the road leading from Lewisburg to the south boundary line of Marshall County by way of Reeds gap commenceing at the ridge betwixt cane creek & richland and terminate at the Elk ridge and that he have the hands from William GANTS to the head of the East fork of Richland Creek inclusive. Issued. Ordered by the Court that Williamson WOODS be appointed overseer of the road from WILLIAMS Store to the Bedford County line towards Richmond and that he have the former hands to keep said road in order. Issued. This day David YANCY resigned in open Court his commission as Justice of the peace for Marshall County. Martha E. SELPH a moner was this day bound as an apprentice to Noah HEADLEY untill she arrives at the age of Eighteen years also David SELPH a minor was bound as an apprentice to the said HEDLEY untill he arrives to the age of twenty one years. (72) John MAYS, a minor of the age of seven years was this day bound as an apprentice to Peter WILLIAMS Esqr untill he arrives at the age of Twenty one years. Patsy WILLIS administrator and Thos. ROSS administrator appeared in open Court and presented an Inventory of the personal property of Davis WILLIS Deceased which was ordered to be recorded. Henry BISHOP administrator of James COFFEY Sr deceased presented an Inventory & amount of sales of the personal property of said WOODS deceased which was ordered to be recorded. William H. STILWELL administrator appearedin Court and presented an Inventory & amount of sales of the persoanl porperty of John M. STILWELL deased which was ordered to be recorded. Ordered by the Court that the order appointing commissioners to procure a site for a Poor house be revived and made returnable to the January term of 1838 of this Court. Jeremiah HAY applied to Court & asking to be appointed administrator de bonner now, on the estate of John HAY decd who entering into bond in the sum of Twenty five hundred dollars with Charles HOPPER and Eli DYSART as securities the same was accordingly granted to him. Apaper writing purporting to be the last will and testament of Thomas STAMMERS deceased late of Marshall County, was this day presented in Court for probate by Edward OSTEN and Adam MILLER executors therein named and the validity of the said paper writing being contested as the last will and Testament of thr said Thomas STAMMERS by Elizabeth STAMMERS widow od said Thomas STAMMERS decd and the said Elizabeth STAMMER contesting, having given bond and security agreeably to law. It is therefore ordered by the Court that these facts be certified to the next Circuit Court to be holden for the said County of Marshall and that the Clerk of this Court file with the Clerk of said Circuit the original paper writing filed and offered for probate as aforesaid with a copy of these proceedings. (73) Ordered by the court that Gasham BILLS be appointed overseer of the road from the Cross roads at Henry COLLINSa to the top of the Elk Ridge near James REEDS Esqr. in room of John HARKIN resigned and that he call on the former hands to keep the same in repair. Issued. Ordered by the Court that the order to George W. McBRIDE Silas McCLELLAND & William ROSSON commissioners appointed at the last term of this Court to lay off provision to Mrs. STILWELL widow of John M. STILWELL deceased, be revived and returned to the next term of this Court, and they are hereby ordered to say what amount of money she shall receive from the administration for the ourchase of the necessary provisions that were not on hand at the death of said deceased, will be sufficient to supply her the widow for one year. Court adjourned untill nine o'clock tomorrow morning. Wm. McCLURE Chariman James REED J. P. Peter WILLIAMS J.P. Thomas WILSON J.P. Tuesday morning November 7th 1837. Court met according to adjournment present William McCLURE chairman James REED Thomas WILSON and Peter WILLIAMS Gentlemen Justices of the peace proclimation &C. The following report was Exhibited in open Court (to wit) We the undersigned Freeholders of Marshall County (Ten) after being duly sworn have proceeded to set apart to Martha WOODS, widow of Allen N. WOODS deceased so much of the provisions on hand as will be sufficient in our opinion to support her and her family one year from then death of her husband (74) we set apart to her for said purpose the following articles (viz) Two hundred pounds of Bacon Ten head of hogs, Five bushels of wheat Twenty poinds of salt. Also the present crop of wheat corn & oats that is now on hand. Also the crop of potatoes this 6th day of July 1837. John ORR (seal) John RAMSEY (seal) I. W. WALKER (seal) Which report was accepted and confirmed by the Court. Ordered by the Court that Thos. WILSON Esqr. Peter WILLIAMS Esqr. & Williams CIWDEN be appointed commisioners to lay off and set apart one years support for mary KENEDY the widow of James KENEDY deceased out of the provision now on hand. Issued. George W. OGLIVIE appeared in open Court & was duly appointed Guardian to Benjamin R. LONG & George H. LONG minors orphans of B. LONG deceased who gave bond in the sum of Ten thousand dollars with George H. ALLEN & M. W. OAKLEY as his securities which was accepted by the court. Court adjourned untill Court & Course. Wm. McCLURE Chairman Peter WILLIAMS J.P. Thomas WILSON J.P. James REED J.P.