MARSHALL COUNTY, TN - COURT- Minutes NOVEMBER 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–NOV. 1839 Page (309) Cont November Term 1839. State of Tennessee Marshall County At a County Court begun and held for the County of Marsall 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 November the same being the 4th day of the monthe A.D. 1839- Present Thomas WILSON, Robert JOHNSON & James V. EWING Gentlemen Justices of the peace proclamation &C. Whereupon the following proceedings were had It having been represented to thesatisfaction of this Court that John A. HALL a resident of Marshall County has died leaving no will and Hugh McMURRY appeared in Court and made application for letters of administration of all and singular the goods and chattles rights and credits of him the said John A. HALL and he having Executed his bond in the sum of Two thousand dollars with James EWING his security which was accepted by the Court. It is therefore ordered by the Court that Letters Issue accordingly, he takeing the oath prescribed by law. It having represented to the satisfaction of this Court that James HILM who was a resident of Marshall County has died leaving no will and James V. EWING 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 HILM And he having executed his Bond in the sum of one thousand dollars with Isaac W. WALKER his security (310) which was accepted by the Court. 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 fo the Court that Elias BILLINGTON a resident of Marshall County has died leaving no will and James BILLINGTON 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 Elias BILLINGTON and he having Executed his bond in the sum of Fifteen hundred dollars with James WALKER his security which was accepted by the Court. It is therefore ordered by the Court that Letters of Issue accordingly he takeing the oath prescribed by law. On motion it is ordered by the Court that Reuben FISHER James PATTERSON Esqr & James PATTERSON be appointed commissioners to lay off and set apart one years provision to Crecy BILLINGTON widow of Elias BILLINGTON and report thereon to the next term of this Court. Issued. On motion it is ordered by the Court that Elisha HURT John FIELD and John APPLEBY Sr. be appointed commissioners to lay off and set apart one years provision for Jane B. HILM widow of James ELM decd and report thereon to the next term of this Court. Issied. Berry MOORE appeared in Court and was thereupon appointed guardian to Blackston H. BILLS minor heirs orphan of Jonathan D. BILLS decd he having Executed his bond in the sum of Five thousand dollars, William D. POWELL as his security which was accepted by the Court. Isaac WALKER appeared in Court and was thereupon appointed guardian for orphan Margaret Eliza DRYDEN minor of N, DRYDEN d ecd he having executed his bond in the sum of Two thousand dollars with William BILLS and B. C. BRANTLEY his security, which was accepted by the Court. James M. BOWDEN appeared in Court and was thereupon appointed Guardian for Lutha Jane ALLISON Minor orphan of James ALLISON decd he having Executed his bond in the sum of Forty five hundred dollars with John W. RECORD and Thos. H. HARDEN his securities which was accepted by the Court. (311) November term 1839. Henry BISHOP appeared in Court and was thereupon appointed guardian for Amerrel Whitfield ALLISON minor orphan of James ALLISON decd he having Executed his bond in the sum of Fourty five hundred dollars with H. B. SMILEY and Henry ERWIN his security which was accepted by the Court. The commissioners appointed at a former term of this Court to set a part one years provision for Sally BECK widow of Ebenezer BECK decd reports in the words and figures following, to wit: State of Tennessee Marshall County To the Worshipful the county Court of said County we the undersigned Commissioners appointed by the County Court of said County to set apart to Sally BECK widow of Ebenezer BECK Decd reports as follows, to wit. To 40 Barrels of Corn “ 1500 lbs of Pork with the lard that is attached to the same. “ 50 “ of sugar “ 40 “ of Coffey “ 5 Bushels of salt 300 Bundles of oats 1 stack of Fodder 100 lbs of seed Cotton What soap there is on hands 1 lb of Peper ˝ lb of Spice 200 lbs of Beef 1 good Milk Cow Joel YOWEL Thomas PATTERSON Thos. ROSS Sworn to and subscribed before me the 4th Nov. 1839 John HATCHETT J.P. For Marshall County. Which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (312) Martin W.OAKLEY clerk of this Court by his deputy John ELLIOTT presented to this Court an account of a settlement made by him Wm. D. EWING one of the Executors of Allen N. WOODS decd an additional settlement made by him with the said EWING which was ordered to be recorded. Willis HOPWOOD administrator of E. BECK decd appeared in Court and presented an inventory and account of sales of said estate which was ordered to be recorded. Garland PARRISH Administrator of the estate of Abram PARRISH decd appeared in Court and presented an Inventory and an account of sales of said estate which was ordered to be recorded. Garland PARRISH administrator of the estate of Abram PARRISH decd appeared in Court and presented an Inventory and account of sales of said estate which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement madeby him with B. F. WHITWORTH guardian of Martha M. WHITWORTH for the year ending the 6th day of October 1839 which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with B.P. WHITWORTH Guardian of Thomas B. WHITWORTH for the year ending the 6th day of October 1839 which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an a ccount of a settlement made by him with Elisha W. HENDRIX guardian of Edward A. WHITWORTH for the year ending the 29th day of October 1839 which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an a ccount of a settlement made by him with Elisha W. HENDRIX guardian of Rebecca WHITWORTH for the year ending the 29th day of October 1839 was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court by his deputy John ELLIOTT an account of a settlement made by him with Henry BISHOP administrator of James COFFEY decd which report being seen and by the Courtunderstood was in all things confirmed and ordered to be recorded. (313) November term 1839. John M GANT administrator of the estate of William GANT appeared in Court and presented an Inventory and account of sales of said estate which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with B. F. WHITWORTH Guardian of McEwen H. WHITWORTH for the year ending the 6th day of October 1839 which was ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with J. P. DYSART guardian of Robert Eli and Alfred DYSART for the year ending the 7th day of October 1839 which was ordered to be recorded. An order made at the last term of this Court appointing Hugh RAY an others a Jury of view is hereby disannulled. On motion it is ordered by the Court that Hugh RAY, James GINGLER, Henry MORRIS, Gideon PARNEL, Ezekiel CLEEK, M. P. HENLY &C HARBER be appointed a Jury of View to lay off and mark out a road commenceing at or near Hiram HARRI’S by way of John T. HARRIS’s to intersect the Fishing ford road at the dogwood corner between John T. HARRIS’s and James GINGLER’s thence that the two run together with the line between James GINGLERS and Gedeon PARNEL and continue on to the corner between T. O. HUNTER and James F. MEEK thence West with WARNER’s and HUNTER’s line to the old road if in their opinion the good of the individualsrequire it and that of the public not injured and report thereon to the next January term of this Court. Issued. The commissioners appointed at a former term of this Court to lay off and set apart one years provision for Mary McCONNELL widow of Samuel McCONNEL decd reports as follows to with, We the undersigned freeholders of Marshall County after being duly sworn have proceeded to set apart to Mary McCONNEL widow of the Samuel McCONNEL Deceased so much of the Crop and provisions on hand (314) and other assets as will sufficient in our oppinions to support her and her family one year from the death of her said Husband We set apart to her for saif purpose the following articles to wit, To have support for her and family out of the present crop of Corn untill the 15th of November. Then to receive fifty Barrels of Corn 50 lbs25 Bushels of wheat 25 all the Bacon on hand to muttons and four shoats one smalle beef 11 lbs of good pork 1100 250 lbs of salt 250 20 lbs of Coffey All the honey on hand one Choice bee stand. 26 lbs brown sugar & all the dried fruit 12 Gallons Brandy All oats fodder and flax on hand 5 lbs Each of tallow and Bees wax All the soap on hand & all the lard on hand all the wool on the sheep to be shorn. 2 lbs of ginger and one of peper 1 lb of spice and all the Leather on hand. All the Cotton made the milch of two cows until the 15th of November and one from that time During her years allowance all the potatoes and other vegetables. Given under our hands and seals this August 27th 1839 Thomas WILSON (seal) James HOUSTON (Seal) Robert MARSH (seal) Which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. On motion it is ordered by the Court that Joseph B. WALLACE be appointed road overseer of the old Shelbyville road c ommenceing at a point on said road due north of said WALLACE’s house and termonateing at Caney Spring and that he have the following named hands overseer WALLACE and his hands Jeffrey BECKS hands, Reubin MOORIS, Andrew VENABLES hands, G. W. GILLAM Lewis RING, Harris DARKS hands, Robert MORRIS, Edlower ALDRIDGE Edwin F. KIRK, Jas. HARDISON, Lemuel SMITH, Cerney C. SMITH (315) John SMITH, John CATHEY, hands, Sesson RAINWATER, James BURNNET, Henry HAWKINS and Williams SMITH. Issued. On motion it is ordered by the Court that Charles HARRIS be appointed overseer of the old Shelbyville road commenceing at the Maury County line and terminateing at a point on the north side of Joseph B. WALLACE’s house in said road and that he have the following named hands A. N. MOSELY, Thorton MOSELY Daniel McREE, Slawter MOSES, B. ATKINS Joel SHIRES, William SHIRES William B. McFADDEN, Candy McFADDEN, George W. HARMON, Edward HARRIS, Levi CARTER, Jefferson CARTER, Andrew PATTERSON, Watson CASSLE, Alexander GRADEN & Richard MATHEWS- Issued. The last will and testament of John TILLMAN deceased late of Marshall County was this day presented in open Court by J. R. TILMAN and Sterling CARRELL Executors thereto and on motion the due Execution of said will was duly proven by the oath of Joseph TILLMAN and Josiah TILMAN subscribing witnesses thereto, and on motion it is ordered by the Court that letters Testamentary by the Court Issue to the said Executors who executed their bond in the sum of fifteen hundred dollars with James B. RECORD and Wm. LONDON their securities which was accpeted by the Court a d took the oath prescribed by law. The last will and testament of William ALEXANDER decd late of Marshall County was this day presented in open Court by Cary T. KELLY and Robert COX Executors thereto and on motion the due Execution of said will was duly proven by the oath of Nimrod BROWN one of the subscribing witnesses thereto, and on motion it is ordered by the Court that Letters testamentary Issue to the said Executors who Executed their bond in the sum of fifteen thousand dollars with John B. FOWLER and James C. RECORD their securities which was accepted by the court they takeing the oath prescribed by law. The last will and testament of James ALLISON late of Marshall County was this day presented in open Court and on motion the due Execution thereof was duly proven and by the oath of H. B. SMILEY one of the subscribing witnesses thereto. (316) November term 1839. A copy of the last will and testament of Sion RECORD decd late of Marshall County was this day presented in open Court certified by the clerk of the County Court of Maury County Executor thereto and on motion it is ordered by the Court that Letters testamentary Issue to the said Executor he having executed his bond in the sum of Fourtyfive hundred dollars with John W. RECORD and James C. RECORD his securities which was accpted by the Court and took the oath prescribed by law. James B. RECORD Executor to the last will and testament of Sion RECORD decd appeared in Court return an Inventory and account of sales of the estate of said Record decd which was ordered to be Recorded and thereupon Court adjourned untill nine oclock tomorrow morning. Robert JOHNSTON J.P. Thomas WILSON J.P. James EWING J.P. Tuesday morning November 5th 1839. Court met according to adjournment, present Thos. WILSON, James V. EWING and Robert JOHNSON, Gentlemen Justices of the peace, proclamation &C the minutes of yesterday being read and there being no further business before the County Court adjourned untill Court in course. James V. EWING (J.P.) Thomas WILSON (J.P.) Robert JOHNSTON (J.P.)