MARSHALL COUNTY, TN - COURT- Minutes NOVEMBER 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-NOVEMBER 1840 Page (433) Cont. November term 1840. State of Tennessee, Marshall County. At a County Court begun and held at the Court house in the Town of Lewisburg on the first Monday in November 1840 the place appointed by law for holding the several Courts in said County present John FIELD, Burgess HARDEN and Ephraim HUNTER, Gentlemen Justices of the peace,proclimation &C the following proceedings were had. On motion it is ordered by the court that William J. HAYS be appointed overseer of the Fayetteville road Leading by A. SUMMERS Esqr commencing at Wm. COWDEN Esqr and terminating at the top of the ridge East of Chesley SMITH and that he have the hands in the following bounds, to wit, all the hands south of Richland creek and all on said Fayeteville Road to John S. PARKS and west of said road to the top of the ridge. It appearing to the court that Sandy G. COOK a resident if Marshall County has died leaving no last will and testament and William B. COOK 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 Cook dec and he having Executed his bond in the sum of one thpusand dollars with (434) William COOK and William D. POWELL his securities which was accepted by the Court. It is therefore ordered by the court that Letters Issue accordingly, he taking the oath prescribed by law. On motion it is orderd by the Court that Jones COLLINS Winn TWITTY & Joseph McBRIDE be appointed commissioners to lay off and set apart one years provision for May COOK widow of Sandy G. COOK dec and report to the next term of thisCourt Issued. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by John ELLIOTT deputy clerk, with Levi COCHRAN Guardian of Andrew BIVINS for the year ending the 11th day of Sept. 1839 which report being seen abd by the Court understood was in all things confirmed and ordered to be recorded. Robert ORR Sr and John ORR Sr appeared in Court and was thereupon appoint Executors to the Last will and testament of James KIDD dec which last will was duly proven at the last term of this Court, they having Executed their bond in the sum of Fifteen hundred dollars with David McGAHEY Aand John RAMSEY their securities which was accepted by the Court and took the oath prescribed by law. Sabra MELROY Executrix of John MELROY dec appeared in Court and returned an account of sales of said Estate which was ordered to be recorded. James DEVEN Administrator of Wm. DEVEN dec appeared in Court and returned an inventory of said estate which was ordered to be recorded. The commissioners appointed at a former term of this Court to lay off and set apart to Susan CHEEK widow of Thos. D. CHEEK dec. appeared in Court and reports as follows, to wit The State of Tennessee Marshall County Pursuant to an order of the County Court of said county made at the October term 1840 of said Court and to us directed to set apart to Susan CHEEK widow of Thos. D. CHEEK dec one years provision out of the effects of said dec as the Statutes in such case made and provided directs, and having first been (435) duly sworn, duly and fully understood the same and do unanimously agree in setting apart to her the following provisions to wit, One cow & calf,Twenty five barrels of corn, Fifteen bushels of wheat, thirty pounds of coffee, Forty pounds of sugar, Fifty pounds of Bacon, Five hundred and fifty pounds of pork one hundred and twenty five pounds of beef, one hundred and twenty five pounds of salt sixty pounds of laird, forty pounds of soap one & ½ pounds spice, one 1.2 pounds of ginger one 1.2 pounds of pepper Ten pounds of rice, Twenty pounds of Tallow six bushels of potatoes. Which report being seen and by the Court understood was in all things confirmed and made th order of this Court, It appearing to the Court that Hardy BROWN a resident of Marshall County has died leaving no last will and testament and Richard McREE and Issabella BROWN appeared in Court and made applications for Letters of administration of all and singular the goods and chalttles rites and credits of him the said BROWN and they having entered into bond in the sum of one thousand dollars with Solomon MEADOWS and James PARK their securities which was accepted by the Court. Is it therefore ordered by the Court that Letters Issue accordingly they taking the oath prescribed by law. On motion it is ordered by the court that Prior P. DAVIS Solomom MEADOWS and Thomas SHORT be appointed commissioners to lay off and set apart to Isabella BROWN widow of Hardy BROWN dec. one years provision from the death of her husband and report to the next term of this Court.Issued. It appearing to the Court that a Elizabeth FOWLER a resident of Marshall County has died leaving no last will and testament H. B. FOWLER appeared in Court and made application for letters of administration of all and singular the goods and chattles rites and credits of her the said Elizabeth and he having executed his bond in the sum of seven thousand dollars with James OSBURN and (436) John ALEXANDER his securities which was accepted by the court. It is therefore ordered that Letters of Issue accordingly, he tking the oath prescribed by law. It appearing to the Court that Hezekiah DAVIS a resident of Marshall County has died leaving no last will and testament, and Pervines FOX appeared in “Court and made application for Letters of administration of all an singular the goods and chattles and rites and credits of him the said Hezekiah DAVIS dec and they having entered into bond in the sum of seven thousand dollars with Jackson LIGGETT and Charles HARDISON his securities which was accepted by the Court. It is thereforeordered by the Court that Letters Issue accordingly, he taking the oath prescribed by law. On motion it is ordered by the Court that charles HARDISON John FOX Sr and Thomas HARDISON be appointed commissioners to set apart one years provision for Mary DAVID widow of Hezekiah DAVIS dec. and report to the next therm of this Court. Issued. William A. HOUSTON administrator of Thomas D. CHEEK appeared in Court and returned an inventory & account of sales of said estate which was ordered to be recorded. It appearing to the Court that Isaac N. RAINEY a resident of Marshall County has died leaving no last will and testament and Barzilac G. RAINEY 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 Isaac N. RAINEY dec and he having entered into bond in the sum of Fifteen thousand dollars with Jeffray BECK and John R. HILL his securities which was accepted by the Court. It is therefore ordered by the Court that Letters Issue accordingly he taken the oath prescribed by law. Thos. HARDISON guardian of Henry & Malinda BIRMINGHAM appeared in Court and resigned his office as guardian as aforesaid which was accepted by the Court. It appearing t the Court that Henry BIRMINGHAM and Malinda BIRMINGHAM are minors an orphans and now reside in Marshall County and have no guardian Known to the Court and the said Henry & Malinda being more than fourteen (437) years of age appeared in Court Selects and the Court therefore appoints George W. BIRMINGHAM guardian of the said Henry & Malinda BIRMINGHAM minors as aforesaid and he having entered into bond in the sum of Two hundred dollars with Sarah BIRMINGHAM his security for his said guardianship which was accepted by the Court. J. W. FIELD J.P. Ephraim HUNTER J.P. Burgess HARDISON J.P. Count adjourned untill Court in course.