MARSHALL COUNTY, TN - COURT- Minutes SEPTEMBER 1838 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–SEPTEMBER 1838 TERM Page (175) [should be 176] September-September Term 1838. Monday Morning September 2nd 1838. Court met according to adjournment present Asa HOLLAND William B. COOK and Stephen C, CHETWOOD three Gent. Justices of the peace of Marshall County. Proclamation &C. The following in a report of the Commissioners to set apart one years provisions for Nancy HARRIS widow of Mark HARRIS deceased. We the undersigned free holders of Marshall County after being duly sworn have proceeded to set apart for Nancy HARRIS late consort of Mark HARRIS Deceased one years provisions from the death of her said Husband Viz: Money to but 1500 Flower, 50 lbs of coffee 75 lbs of sugar and 25 Barrels Corn oat present of which there is about 15 Barrels now on hand 30 barrels of present crop in the fall the present crop of oats now growing 500 Bunder of fodder 500 lbs of Bacon of which there is a bout 400 lbs on hand 14 dollars to bug fresh beef and pork to be bought in the fall 6 bushels of salt 10 lbs of hard extra of that on hand of which there is about 20 lbs. 75 lbs of Picked Cotton 20 dollars to buy shoe Leather and making the same, 10 lbs of clean wool 20 lbs of Tallow $1.00 to Buy Pepper and spice $5.00 to buy soap be it remembered that there is a sufficient of cash on hand to purchase all the articles that is mentioned in this return and the administrator will have to use the cash belonging to the Estate to purchase every article that is mentioned in this return only such as purports now to be on hand and from the circumstances of a great many of the articles cannot be procured at present nor even the price to become as we have thought it prudent so as to clear the administrators to make this condition and there by set apart such amount of certain articles we think necessary for the support of said family. Witness our hands and seals this 15th day of June 1838. T.B. SHUFFIELD (seal) A. LAIRD (seal) Joseph H. BRITAIN (seal) (177) George R. PATTERSON Administrator of Joseph STREET deceased returned an inventory of the goods and Chattles of said Estate which was seen by the Court and fully understood and in all things confirmed and ordered to be entered in record. John WEAVER Executor of Martha WEAVER deceased exhibited on account of sales of the property of said Estate which was seen by the Court and in all things fully understood and ordered to be entered on record. James F. WARREN administrator of Mark HARRIS deceased returned an inventory of the goods and Chattles of said Estate which was seen by the Court and fully understood and in all things confirmed and ordered to be entered on record. It having appeared to the satisfaction of this Court that Washington D. MEDEARIS of this county having departed this life leaving no last Will and Testament and it further appearing appearing to the satisfaction of the Court that David YANCY hath a right to administer on said Estate thereupon the said YANCY appeared in open Court and executed his bond in the sum of Twenty Thousand Dollars conditioned as the Law directs with H. S. BLAKEMORE Elizabeth MEADOWS and Joab BAGLEY His securities and was qualified as such. Nancy HARRIS appeared in Court and was thereupon appointed Guardian for Mary HARRIS a Lunatic of Mark HARRIS deceased who gave bond in the sum of Thirteen hundred dollars with Thomas NEELEY & Charles HARRIS her securities which wasaccepted by the Court. James F. HARRIS appeared in open Court and was thereupon appointed Guardian for William HARRIS minor orphan of Mark HARRIS deceased who Executed his bond for Eight hundred dollars with Thomas NEELEY Nancy HARRIS and Charles HARRIS his securities which was accepted by the Court. (178) Isaac L. GRAVES appeared in open Court and was thereupon appointed Guardian of Sherwood W. GRAVES and John C. GRAVES minor orphans of Thomas GRAVES deceased & Executor his bond in the sum of Two hundred dollars with William G. CANDLE and William TILLMAN his securities which was accepted by the Court. Charles HARRIS appeared in Open Court and was thereupon appointed Guardian of Elizabeth HARRIS & Dicy HARRIS minor orphans of Mark HARRIS deceased & Executed his bond in the sum of Eight Hundred dollars with Nancy HARRIS and Thomas NEELEY his securities which was accepted by the Court. It having appeared to the satisfaction of the Court that Robert BROOKS late of this County has did leaving no last Will & testament and George W. RECORD having applied for letter of Administration of all and singular the rights and credits of s aid Estate the same is granted he having Executed his Bond in the sum of sixteen thousand dolars with James C. RECORD & John W. RECORD his securities which was accepted by the Court and took the oath prescribed by law. Ordered by the court that Asa HOLLAND S.X. CHETWOOD and Joseph MORRIS and John R. BAGLEY be appointed Commissioners to lay off and set apart one years provision for Martha BROOKS Widow of Robert BROOKS dec. and report to the next term of this Court. Issued Thomas N. BARHAM appeared in court and was thereupon appointed administrator of the estate of Elizabeth CARR deceased who executed his bond in the sum of Twelve hundred dollars with Thomas HARDISON and John F. MARTIN which was accepted by the Court and took the oath prescribed by law. Martin W. OAKLEY clerk of this Court presented to this Court an account of a settlement made by him with William G. GRANT as Guardian of Sarah GANT Mary & Minos GANT minor orphan of Jeremiah GANT decd. which was confirmed by the Court. (179) September Term 1838. Ordered by the Court that Thomas ROSS be appointed Administrator of the estate of Levi HILLIS deceased he having executed his bond in the sum of Two thousand dollars with John WEAVER and and John W. RECORD his securities which was accepted by the court and took the oath prescribed by law. John CUMMINGS Elected a Constable appeared in Open Court and tooks the several oaths prescribed by [“them” marked through] law & Executed his bond in the words and figures, to wit: Know all men by these presents that we John CUMMINGS George CUMMINGS & William WILLIAMS Jr. all of the County of Marshall and State of Tennessee are held and formly bound unto Newton CANNON Govorner of the State of Tennessee for the term being and his successors in office to the sum of Four thousand dollars for the payment of which sum was we bind ourselves our heirs Executors Administratoror assigns Jointly severaly and firmly selaed with our seals and dated this 3rd 3rd day of September 1838. The condition of the above bond is such that whereas the above bound John CUMMINGS hath been duly Elected as a Constable in the 5th District of said County and qualified as such now if the said John CUMMINGS shall well and truly perform all the duties imposed on him as such and make a true return upon all and every process that may come into his hands as Constabile as aforesaid and faithfully pay over and account for all monies by him collected as such to whomsoever may be legally authorized to receive th same, then this obligation to be void o otherwise to remain in full force and virtue this day and date above written. Test. M.W. OAKLEY Clk. John CUMMINGS (seal) Geo. CUMMINGS (seal) Wm. WILLIAMS Jr. (seal) (180) September Term 1838 Ordered by the Court that Joel YOWELL Griffith LEONARD and Stephen PORTER be appointed commissioners to lay off one years provision for Elizabeth MEDEARIS widow of Washington D. MEADEARIS Decd. and report to the next Term of this Court, George R. PATTERSON) To ) Power of Attorney Hugh McCLELAN ) This day appeared in Open Court and S. W. BEATY two subscribing witnesses to a Power of Attorney executed by George R. PATTERSON Administrator of Joseph STREET deceased to Hugh McCLELAN to empower him to obtain from the Government of Texas an Emigration right to six hundred and fifty acres of land and survey the same who being first sworn depose and say they are personally acquainted with the said George R, PATTERSON and that be acknowledged the due execution of the same for the purpose a therein contained in their presence on the day it bears date. On motion it is ordered by the Court that Thomas BRENTS Josiah BLACKWELL George CUNNINGHAM James B. GILPIN John ORR John R. BAGLEY and Joseph MORRIS be appointed a juror of view to mark a road leaving the Nashville road Betwen RANKINS old Shop and BRISONS Meeting House to intersect the road at or near John C. LUNA Shop and make a report at the next term of this Court. Asa HOLLAND JP G. C. CHETWOOD JP W. B. COOK JP