MARSHALL COUNTY, TN - COURT- Minutes OCTOBER 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-OCTOBER 1840 Page (417) cont. The State of Tennessee) Marshall County ) October term 1840 State of Tennessee Marshall County. At a County Court begun and held at the Court house in the Twon of Lewisburg then the place appointed by law for holding the several Court in said county on the fist Monday in October the same being the 5th day of the month A.D. 1840 Present Benjamin WILLIAMS chairman, James ADAMS, William WILKS, L. A. EWING, Burgess HARDEN Thomas WILSON, Thos. HARDISON, John HATCHETT, Jas. C. POWELL, James V. EWING, G. LONG, John FEILD, Asa HOLLAND, M. HUNTER, John T. HARRIS. Robert JOHNSON, B. C. BRANTLEY, and Thomas CUMMINGS Gentlemen Justices of the peace proclimation &C. the following proceedings were had. It appearing to the Court that Edward DOYLE a resident of Marshall County has died, leaving no Last will and testament and Sherwood W. BEATY appearedin Court and made application for Letters of administration of all and singular the goods and chattles rights and credits of him the said Edward DOYLE decd and he having Executed his bond in the sum of Twenty five hundred dollars with Samuel WINSTEAD and James V. EWING his securities, which was accepted by the Court. It is therefore odered by the Court that Letters Issue accordingly he taken the oath prescribed by law. It appearing to the Court that Humphrey B. TOMILSON a resident of Marshall County has died leaving no last will & testament Euphemia TOMLISON and John M. PARK appeared in Court and made application (418) for Letters of administration of all and singular the goods and chattles and credits of him the said Humphrey TOMILSON dec and they having Executed their bond in the sum of one thousand dollars with Elijah T. GLENN, Wm. B. COOK their securities which was accepted by the Court. It is therefore ordered by the Court that Letters Issue accordingly by they takeing oath prescribed by law. It appearing to the Court that William DEVEN a resident a resident of Marshall County has died leaving no last Will and testament and James A. DEVEN appeared in Court and made application for Letters of administration of all and singular the goods and chattles rites and credits of him and said William DEVENS dec. and he having Executed his bonds in the sum of one hundred and fifty dollars with Ephriam HUNTER and John DEVEN his securities, which was accepted by the Court It is therefore ordered by the Court that Letters Issue accordingly hetakeing the oath prescribed by law. It appearing to the Court that Robert B. HUGHES a resident of Marshall County has died leaving no last will and testament and Joseph H. NELSON 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 Robert B. HUGHES dec and he having Executed his hand in the sum of Eight hundred dollars with Wm. CLARK, Wm. M. HUGHES and Thomas O. HUNTER his securities which was accepted by the Court he taking the oath prescribed by law. It appearing to the Court that Wm. R. HUGHES a resident of Marshall County has died leaving no last Will and testament and Joseph W. NELSON appeared in Court and made applicatio n for Letters of administration of all and singular the goods and chattles rites and Credits of him the said Wm. R. HUGHES dec and he having Executed his bond in the sum of four thousand dollars with Wm. CLARK, Wm. M. HUGHES and Thomas O. HUNTER his securities which was accepted by the Court, he taking the oath prescribed by law. It appearing to the Court that Thomas D. CHEEK a resident of Marshall County has died leaving no last will and testament, and William HUSTON 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 Thomas D. CHEEK decd and he having Executed his bond in the sum of Four thousand dollars with A. D. SHARP and John W. CAMPBELL his s ecurities which was accepted by the Court. It is therefore ordered by the court that Letters Issue accordingly he takeing the oath prescribed by law. (419) It appearing to the Court that Isaac CROWDER a resident of Marshall County has died leaving no last will and testament and Wm. B. COOK 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 CROWDER dec and he having Executed his bond in the sum of Four thousand dollars with H. B. WELCH and John M. PARK his securities which was accepted by the Court. It is therefore ordered by the Court that Letters of Issue accordingly, he taking the oath prescribed by law. It appearing to the Court that Samuel FINLEY A RESIDENT OF Marshall County has died leaving no last will and testament and Ezekial SANDERS 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 Samuel FINLEY dec and he having Executed his bond in the sum of six thousand dollars with Robert JOHNSON and As HOLLAND 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. It appearing to the Court that Elizabeth HECKS is a minor and a orphan and now resides in Marshall County who have no guardian Known to the Court and she being under fourteen years of age the Court hereby appointed James BROWN guardian of the said Mary Ann Elizabeth HECKS minor as aforesaid and the said James BROWN entered into bond in th e sum of one thousand dollars with Jefferson H. BROWN his securities for his guardianship which was accepted by the Court. James H. THOMAS ) vs ) Appropriation Marshall Coun ty) It appearing to the satisfaction of the Court that at the July term of this Court a hill was before this Court in which there was several item of cost in favor of the Attorney General of the 8th Solicitional district in the state of Tennessee amounting to the sum of Thirty seven dollar s and fifty cents for which no allowance was then made by this Court. It is therefore ordered now that the Trustee of Marshall County pay u to the said James H, THOMAS the attorney General as aforesaid said sum of Thirty seven dollars and fifty cents out of any moneys in his hands not otherwise appropriated, a majority of the justices of the peace (420) of the peace in and for the County of Marshall aforesaid being present and voting the affirmative. Issued. Wilson P. DAVIS) vs. ) Marshall County) It appearing to the satisfaction of the Court that William BUTERMAN has been confined in the jail of Marshall County on a charge of oprn and notorious drunkenness and the said Wilson P. DAVIS Jailor here presented an account of diet furnished him and turnkey performed in his services amounting to the sum of Twelve dollars and fifty cents duly proven. It is therefore ordered by the Court that the Trustee of Marshall County pay unto said Wilson P. DAVIS said sum of Twelve dollars and fifty cents out of any moneys in his hand not otherwise appropriated. Twelve justices of the peace being present and voting in the affirmative. Issued. Martin W. OAKLEY) vs ) Marshall County ) Ordered by the Court that the Trustee of Marshall County pay unto Martin W. OAKLEY the sum of Twenty dollars for making out a Duplicate copy of the Tax list for 1840 and delivered the same to the sherriff out of any moneys in his hands not otherwise appropriated, a majority of the Justices of the peace of said County being present and voting in the affirmative. And it is further ordered by the Court that the Trustee of Marshall County pay unto Martin W. OAKLEY clerk of this Court the sum of Forty dollars for exofficio fees out of any moneys in his hands not otherwise appropriated. Fifteen of the Justices of the peace of said County being present and voting in the affirmative and two in the negative. Issued. John R. HILL ) vs ) Marshall County) Ordered by the Court that the Trustee of Marshall County pay unto John R. HILL the sum of Fifty dollars exofficio frees as Sherriff of Marshall County out of any moneys in his hands not otherwise appropriated, a majority of the Justices of this Court (421) being present and voting in the affirmative. Issued. David C. CRISWELL) vs ) Marshall County ) Ordered by the Court that the Turstee of Marshall County pay unto David C. CRISWELL Five dollars & twenty cents for Doctor bill for Alexander H. McINTIRE a minor out of any moneys in his hand not othersie appropriated. Sixteen Justices of said Court being present and voting in the affirmative. Issued. Henry S. WILSON) vs ) Marshall County) Ordered by the Court that the the Trustee of said County pay unto Henry S. WILSON Three dollars and fifty cents for a Stone Hammer out of any moneys in his hands not otherwise appropriated, Thirteen Justices of said Court being present and voting in the affirmative. Issued. Joseph McCORD Coroner) vs ) Marshall County ) Ordered by the Court that Trustee of said County pay unto Joseph McCORD fifteen dollars for holding the last election in sd, County for County Officers, Thirteen Justices of said Court being present and voting in the affirmative. David MaGAHEY ) vs ) Marshall County) Ordered by the Court that the Trustee of Mar4shall County pay unto David McGAHEY the sum of five dollars for laying off and marking the prison bounds of Marshall County out of any moneys in his hands not otherwise appropriated- Thirteen Justices of the peace being present and voting in the affirmative. Issued. John F. BOYT ) vs ) Marshall County) Ordered by the Court that the Trustee of Marshall County pay unto John F. BOYT Nine dollars & seventy five cents for (422) a sledge hammer & crowbar out of any moneys in his hands not otherwise appropriated, Twelve of the Justices of said Court being present and voting in the affirmative. Issued. Samuel WINSTEAD) vs ) Marshall County) Ordered by the Court that the Commissioners of Lewisburg in said County pay unto the said WINSTEAD Interest on the moneys for the Bridge across Duck River after the same became due and payable Twelve justices of said Court being present and voting in the affirmative. At the call of the chairman, Martin W. OAKLEY clk presented his receipts for an account of moneys collected and paid in to the State and County treasury for the year ending the first day of Sept.1840, which receipts are in the words and figures following, to wit, Comptrolers office Nashville 17 Sep. 1840. Recieved from Martin W. OAKLEY his statement of revenue Collected as Clerk of Marshall County Court from 1 Sep 1830 to Sept 1 1840. Amount Collected $607.48 Commiissioners 15.17 Paid WILLIAMS & HATCHETT 5.00 Warrant No.1108 this day for 20.17 ________ $587.31 Daniel GRAHAM Comptroler $587.31 Nashville 17 Sept 1840 No.1108 Received of Martin W. OAKLEY five hundred eight seven Dollars thirty one cents, accredited to him by No.1108 and due on account of Revenue by him Collected, Revenue collected as clerk of Marshall County Court from 1 Sep 1839 to 1 Sep 1820. Signed duplicate. James V. EWING T. M. C. (423) On motion it is ordered by the Court that James ELLIOTT Thos. PARK and William Elliott ARTHUNS be appointed commissioners to lay off and set apart to Euphemia TOMILSON widow of Humphrey TOMILSON dec one years provision from the death of her said husband and make report to the next term of this Court. Issued. On motion it is ordered by the Court that James WILLIAMS Allen N. McCORD, Ralph STEGALL, be appointed commissioners to lay off and set apart to Mary S. HUGHES wodpw pf Wm. R. HUGHES dec one years provision from the death of her said husband and report to the next term of this Court. Issued. On motion it is ordered by the Court that Levi COCHRAN George BIRMINGHAM and William B. HILL be appointed commissioners to lay off and set apart to Susan CHEEK widow of Thomas D. CHEEK one years provision from the death of her said husband and report to the next term of this Court. Issued. On motion it is ordered by the court that Henry TALLEY James BELL Harris MAULDIN and James SANDERS be appointed commissioners to lay off and set apart to Harriett FINLEY widow of James FINLEY dec one years provision from the death of her said husband and report to the next term of this Court. Issued. On motion it is ordered by the Court that David RAMSEY Francis H. WOODS and Lorenzo D. STOCKDON be appointed commissioners to Lay off and set apart to Elizabeth WILLIAMS widow of William WILLIAMS Sr. dec one years provision from the death of her said husband and report to the next term of this Court. Issued. On motion it is ordered by the Court that Wynne TWITTY, Zachariah GANT and Jones COLLINS be appointed Commissioners to lay off and set apart to Nancy CROWDER widow of Isaac CROWDER dec one years provision from the death of her said husband and report to the next term of this Court. Issued. On motion it is ordered by the Court that Lile A. EWING John APPLEBY Sr and Henry ROOM be appointed commissioners to lay off and set apart to Mrs. DOYLES widow of Edward DOYLE one years provision from the death of her said husband and report tot the next term of this Court. Issued. (424) The Jury of View appointed at the last term of this court to lay off a road commencing at Richard WARNERS and terminating at the road commencing at the road that leads to LILLARDS Mill reports as follows, to wit, State of Tennessee) Marshall County, Agreeable to County Court at September term to us directed, w- have proceeded to Review and mark out the road from or near Richard WARNERS along the, line between Thomas O. HUNTERS and himself then along HUNTERS fencing to where it intersects the road leading to LILLARDS Mill, all of which is respectfully summitted, given under our hands this 1st day of Oct. 1840. John M. LANE Wm. NEILL Jas. ROBINSON Henry PARNEL X his mark Ja.s GINGLES Which report being seen and by the Court understood was in all things confirmed and made the order of this Court a majority of the Justices of the peace being present. The Jury appointed at the last term of this Court to lay off and mark out a road commencing at or near Thos. O. HUNTERS and terminating and terminating where Thos. O. HUNTERS Line crosses said road reports as follows, to wit, agreeable to an order of the County Court at September term to us directed we have proceeded to review and mark out the road beginning at or near Thomas O. HUNTERS Shop and running with his lane to where it intersects the old road all of which is respectfully submitted. Given under our hands this 1sst Oct. 1840. John M. LANE Wm. NEILL Jas. ROBINSON Henry X Parnel his mark Jas. GINGLES Which report being seen and by the Court understood was in all things confirmed and made the order of this Court, a majority of the Justices of the peace being present. On motion it is ordered by the Court that Wm. McKINNEY be appointed overseer of the Swan Creek road commencing at John MURDOCKS and terminating at the Fayetteville road at Washington HUNTERS and that he have the following hands, to wit, all on the lands of John MURDOCKS (425) All on the plantation where Edward LAREWOOD AND Wm. McKINNEY now lives. Issued. On motion it is ordered by the Court that the following hands work on theroad leading from Lewisburg to Mooresville where F. F. DYER is overseer, to wit, Begining at Capt. William STONES from thence to Mooresville Tolbert ARTHUR, Zadoc WINN, Richard HILLS hands, William PIGG, Demsey POWELL, Nathan POWELL, F. F. DYER & Gillam STACY. Issued. An order appointing a Jury of View to mark a road commencing at the Nashville road at the Lane between Orson GREY land and Mrs. BEATS is returned by the Sherriff of Marshall County with the following endorsement, to wit, can’t get the Jury to act on this order the 5th day of Oct. 1840. Solomon MEADOWS Dept. Shff. Which order was set aside by the Court. On motion it is ordered by the Court that Thomas HUNTER be appointed overseer of the Fishing ford road commencing at Duck river and terminating at Rich Creek and that he have the following hands, to wit, John LANES hands, John M. LANE and handsm Thomas O. HUNTER’s, Henry PARNEL’s, Joseph ROBINSON hands, William BIRMINGHAM, William WARNER, William L. NEIL Mrs. ROBERTS, Thos. NEELY, Kendal DAZEY, David ROBINSON, Ransom BATTEN, William B. BATTEN and Thomas WOOD. Issued. On motion it is ordered by the Court that Samuel McLEAN David GREEN, John TANKESLY, Wm. McLEAN, Wm. BARNES and Daniel T. ELLINGTON be appointed a Jury of View to lay off and mark out a road commencing at the South end of the bridge across Duck river to intersect the Lewisburg road at the most convenient point takeing into consideration the good of the public and that of individuals and report to the next term in January of this Court. Issued. On motion it is ordered by the Court that Hulet PHILLIP be appointed overseer of the road commencing at Josiah DUNCAN’s Saw Mill and terminating at the Cornersville road at James HENRY s corn field and that he have the following hands to wit, Josiah, DUNCAN, William BIGHAM, Harman GRAY, James TURNER John McGREGOR, Jones COLLINS, John COLLINS, D. HOLBROOK Garsham BILLS, (426) Granville SMITH, R. W. HILL, W. D. EMMERSON, Josiah ROBINS, R. N. PHILLIPS, John KANEERM Robert McATEER, James OSBURN, Absalem ALEXANDER, A. ALEXANDER and S. TURNER. Issued. On motion it is ordered by the Court that David PICKENS be appointed overseer of the road from the16 mile point post Leading from Mooresville to Cornersville to the County line and that he have the following hands to wit, John F. BRYANT and handsm William D. PICKENS and hands, Henry LIPSCOMB, the widow Juda LIPSCOMBS hands, John WILKS and hands, Edmund H. WILKS, William N. WILKS, Berry MOORE and hands living with him, Clement WADE, George CAVENAR, John D. COLVETT and those living with him, Thomas FARLEY and those living with him, William DENGER and those living with him, William KENRAY, William WILKS handsm Young M. HUDSON, Solomon HUDSON, Barrel WILKS, Henry CAVINAR and all other hands that may live in the above bounds. Issued. On motion it is ordered by the Court that Wilson W. ADAMS be appointed overseer of the Shelbyville road commencing at William’s store and terminating at the Bedford County line and that he have the following hands, to wit, Two hands from Peter CARPENTER’s Elisha HOLT Widow BRESCHEMS hands A. COLLINS S. RAINEY & his hands James ADAMS hands and Calvin USRY. Issued. On motion it is ordered by the Court that Elisha A. PATTON be appointed overseer of the road leading from Lewisburg to Nashville commencing at the south end of Joseph H. BRITTIAN Lane and terminating at the Williamson County line and that he have the following hands to wit, Joseph H. BRITTEIAN’s hands Michael RONINSON’s handsm E. J. DODSON’s hands, Rebec ca BOYD’s handsn Elizabeth RIGG’s hands, Alexander RAY, E. B. KITRELL and hands, Joseph CLARK, and Peter MARSHALL and all the other hands that may live in the above bounds, Issued. On motion it is ordered by the Court that John ALDREDGE be appointed overseer of the road from the Brdige across Duck River at Caney Spring and that he have the following hands to wit, G. W. REID, S. D. WILSOB, A. C. WILSON, A. G. LILLARD Grant ALLEN, H. M. WILSON, J. J. CHADWELL, Q. C. CHADWELL, Harriso n SILSON, J. M. WILSON. P. W. ELLINGTON, WM. ALLEN, G. H. ALLEN’s hands Thos. WOODALL, G. W. WOODALL, Jams. ALDRIDGE, Samuel ALDRIDGE, S. M. PATTERSON and John CHANDLER and all other hands that may live in the above bounds and the the old road may be dispensed with where new road leaves it to MCLEANS Mill so soon as the Bridge shall be made passable. Issued. (427) Thomas f. ALLISON Executor OF James ALLISON dec appeared in Court and reutrned an additional amount of sales 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 Elizabeth BENTLEY widow of Balam BENTLEY dec reports as follows, to wit. Pursuant to an order of the County Court of Marshall County we John VINCENT, Ashley MOORE & Joseph PREY have layed off one years provision for Elizabeth BENTLEY widow of Balal BENTLEY dec consorting of the following articles (viz) 30 Barreks corn 400 lbs Flower 700 lbs Pork 100" salt 35" coffee 40 “ sugar 1" pepper 1" spice 1" ginger and all the potatoes on hand of both kinds all the potatoes all of which is respectfully submitted Sept 10th 1840. John VINCENT Jas. FREY Ashley MOORE Which report being seen and by the Court understood was in all things confirmed and made the order of this Court. William WILKS Executor of the estate of John LIPSCOM B decd appeared in court and presented an account of sales of said estate which was ordered to be recorded. The trustee of Marshall County appeared in Court and presented a settlement in the words and figures following to wit, We the commissioners appointed to settle with the county officers met this day and find James V. EWING chargeable with the following amounts since his last settlement on the 11th day of March 1839, to wit, To cash received from David McGAHEY clerk of Circuit Court for fines & forfeitures $288.00 To cash for bal. of Taxes for year 1838 295.00 “ do for Tax for 1839 1231.64 “ do Balance on hand March 11th 1839 179.93 “ do for Estrays 125.25 “ do Bastardy swearing & Drunkeness 14.25 “ do form Solomon D S for Taxes for 1840 150.00 “ do S. W. BEATY 350.00 __________ $2634.07 (428) And we find in his hands legal vouchers from NO.179 to 455 $2290.62 ½ His commission on $2290.62 ½ at 5 per $323/44 ½ leaving him in hands 114.52 ½ ________ Two hundred and twenty eight dollars and 92 cents 228.92 This 11th day of July 1840. Sworn to before me and subscribed this 5th October 1840. Burgess HARDEN J.P. B. WILLIAMS) Revenue Com Jno. HATCHETT) for 1840. Joseph H. BRITTIAN & Wm. S. MAYFIELD admr. for George R. SCOTT dec. have ascertained that the estate of said Scott is insolvent, it is therefore ordered by the Court that the said Admr. make publication as the law directs. Thos. CUMMINGS Esqr appeared in Court and presented a resignation of his commission as Justice if the peace which was a accepted by the Court. John LOWRENCE admr. of Balam BENTLEY dec appeared in Court and presented an account of sales of said estate which was ordered to be recorded. David YANCY admr of W. D. MANDARIS dec appeared in Court and presented an additional account of sales of said estate which was ordered to be recorded. Benjamin WILLIAMS appointed commissioner of the Town of Lewisburg to fill the vacancy of William WILLIAMS dec who Executed his bond in the sum of Ten thousand dollars with Robert WILLIAMS and J. W. BOWDEN his security which was accepted by the Court, and took the oath prcribed by law. William T. COOK appeared in Court and Executed his bond in the sum of Three hundred and Eighteen dollars for his performance in keeping Elender MYERS a apuper which was accepted by the Court. On motion it is ordered by the court that the Sherriff of Marshall County summon a Jury of Inquest to inquire into the idiocy of Robert H. HUNTER and report to the January term of this Court. Issued. (429) State of Tennessee ) Venera for January term 1841 vs ) Morgan CLAYTON & others) It is ordered by the court that the following named person s be appointed to attend and serve as Jurors at the Jurors at the next January term of the Circuit Court to be held for Marshall County at the Court house in the town of Lewisburg on the fourth Monday in January next, Viz: In Civil district No. 1 Morgan CLAYTON “ 2 William B. COOK “ 3 Robert JOHNSTON “ 4 Stephen C. CHETWOOD “ ” Daneil BLAKWMORE “ 5 David YANCY “ ” John M. ENDSLEY “ 6 John OSBURN “ ” Benjamin APPLEBY “ 7 Anderson S. HAYS “ ” James ROBINSON “ 8 Jason B. SHUFFIELD “ 9 John B. FARRIS “ 10 William A. BRADEN “ ” Isaac N. RAINEY No. 11 Brevard HUGGINS “ 12 William DUNCAN “ 11 Joshua HARDIN “ 12 John H. MILLER “ 13 John VINCENT “ ” Robert D. FREELAND “ 14 Samuel BECKETT “ ” Allen TALLEY “ 15 John HATCHETT “ ” James OSBURN All good and lawful men of the body of Marshall county above the age of Twenty one years and it is ordered by the Court that Thomas H. HOLLAND and James H. EMMERSON attend said Court in the capacity of Constable and it is further ordered by the Court that the Sherriff if Marshall County summon said Jurors and Constables to attend at the Court house in the town of Lewisburg on the fourth Monday in January next then and there to attend in the Capacity of Jurors and Constables duren the term of said Court issued. On motion it is ordered by the Court that the following named persons be appointed revenue commissioners ot take and return a List of taxable property and polls for the year 1841 in the districts where they live as the law directs to wit, William B. COOK for District No.2 James ELLIOTT for No.1 Harris MAULDEN No.3, S. C. CHETWOOD for No.4 James ADAMS for No.5, Ephraim HUNTER for No.6, Gabriel LONG for No.7 John P. WOOD for No.8, Andrew LAIRD for No.9 Abraham F. LILLARD (430) for No.10, John FIELD for No.11, Jas, V. EWING for No.12, William WILKS for No.15, James C. POWELL for No. 14 and John HATCHETT for No.15, All issued Oct.10th 1840. State of Tennessee ) October term 1840 Marshall County ) Whereas we the Justices comprising the County Court for Marshall County have heard with profound regret of the death of William WILLIAMS Sr of our said County and whereas we entertain for him the Respect both as an individual and a public man, Therefore, Resolved, That we do approve of the able and efficient manner in which he has discharged the duties of Town commissioner and lament that we are deprived of his services. Resolved that we entertained for him individually the highest respect both as a man and as a citizen and that we sincerely condole with his distressed family and friends for the Irreparable loss which they have sustained. Resolved, that the foregoing oreamble and resolution be spread out upon the records and that the clerk furnish copies to one or both of the Editors in the Town of Shelbyville with a request that they publish the same in their respective news papers, Unanimously adopted. The last will and testament of John MELROY late of Marshall County was this day presented in open Court by Sabra MELROY Executrix thereto and on motion the due Execution of said will was duly proven by the oath of Isaac V. DARK and David L. DARK subcribing witnesses thereto, and on motion it is ordered by the Court that Letters testamentary issued accordingly to the saud Executrix who Executed her bond in the sum of six hundred dollars with James PATTERSON her security which was accepted by the Court and taken the oath prescribed by law. The last will and testament of James KIDD Sr dec Late of said County was this day presented in open Court by Robert ORR one of the Executors thereto and on motion the due Execution of said will was duly proven by the oath of Robert ORR one of the subscribing witnesses thereto and the wright proven by Jas. KIDD Jr. which will was ordered to be filed untill the next term of this Court. (431) The last will and testament of William WILLIAMS Sr dec. was this day presented in open Court by Robert WILLIAMS and Benjamin WILLIAMS Executoes thereto, and on motion said last will and testament as aforesaid was proven by Establishing the Signature and hand right clear through said will to have been done by the testator himself by the oath of James ADAMS Joel YOWELL, Shadrach MUSTEEN and John MILLER who say that they are acquainted with the habd writing of the testator believe every part and parcel to be his hand wrighting there being no sunscribing witnesses to said will. It is therefore ordered by the Court that Letters testamentary Issue to the said Executors they having Executed their bond in the sum of sixty thousand dollars with Joel YOWELL, James OSBURN, John MILLER, James ADAMS, Wm. WILLIAMS Jr. Robert McCRORY and James C. RECORD the securities which was accepted by the Court they having taken th oath prescribed by law. And on motion Court adjourned untill ten o’clock tomorrow morning. B. WILLIAMS Chairman Burgess HARDIN J.P. Asa HOLLAND J.P. James V. EWING J.P. Tuesday Morning, Oct. 6th 1840. Court met according to adjournment present Asa HOLLAND Burgess HARDE3N, James V. EWING and Robert JOHNSON Gentlemen Justices of the peace, Proclimation &C, the following proceedings were had. On motion it is ordered by the Court that Asa HOLLAND was appointed Chairman protem the Chairman not being present. Martin W. OAKELY clerk of this Court presented to this Court an account of a settlement made by him with B. WHITWORTH administrator of E. WHITWORTH dec which report being seen and by the Court understood was in all things confirmed and ordered to be recorded. (432) Martin W. OAKLEY clerk of this Court presemted to this Court an account of a settlement made by him with George R. PATTERSON adm. of Joseph STREET dec. 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 R. M. DRYDEN guardian of Mary Ann DRYDEN for the year ending 7th August 1840 which report being seen abd by the Court understood was in all things cinformed and ordered to be recorded. Martin W. OAKLEY clerk of this Court presented to this court and account of a settlement made by him with John ELLIOTT D. clerk of James V. EWING guardian of Susan C. & Jane D. EWING for the year ending 17th Sept. 1840 which report being seen by the Court understood was in all things co nfirmed and ordered to be recorded. Joseph McCORD Elected Coroner of Marshall County Executed his bond in the sum of Twenty five hundred dollars with Joel YOWELL and S. W. BEATY his securities which was accepted by the Court and took the oath prescribed by law. George W. MOORE Elected Ranger of Marshall County Executed his bond in the sum of five hundred dollars with Jowl YOWELL His security which was accepted by the Court and took the oath precribed by law. Nancy MAY a minor & pauper of the age of eight years was this day bound unto Daniel GIDEON untill she arrives to the age of Eighteen years. On motion it is ordered by the Court that Joseph MORRIS James SANDERS Sr. John MURDOCK, Samuel WAKEFIELD Sr, Wright LUNA, Josiah DIXON, Frances FINDLEY, William CARUTHERS, James G. LUNA and Stephen C, CHITWOOD be appointed a Jury of View to mark out a road leaving the fayetteville road between Orson GRAYS & Mrs. BEATYS and terminating at the County line near Richard WILKS if in their opinion the good of the publi c require it and that of Individuals not injured. Issued. (433) On motion it is ordered by the Court that Benjamin F. WHITWORTH admr. of E. WHITWORTH d ec pay unto M. W. OAKLEY clerk of this Court three dollars and seventy five cents in addition to the fees he has heretofore had in consequence of said Administration. Paid/ David MAYS a minor & pauper of the age of Eight years have this day been bound as an apprentice to Alexander H. SWAN untill he arrives to the age of Twenty one years and thereupon Court adjourned untill Court in course. B. WILLIAMS Chairman Asa HOLLAND J.P. Burgess HARDIN J.P. James V. EWING J.P.