RUTHERFORD COUNTY, TN - COURT - Chancery Records, RE:  Children of Hardy Pope

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Chancery Court Records Naming Children of Hardy and Evaline Jane Gambill Pope



Bedford Co., TN Chancery Court Record Book B, pages 489-491 John Pope} vs     

O. Bill Jane Pope & others}    Filed 28 February 1852



The Bill of complaint of John Pope a citizen of Rutherford County Tennessee

filed in the Chancery Court at Shelbyville, against Jane Pope, Mary Pope,

Martha Pope, Ezzell Pope, Frances M. Pope, Jackson S. Pope, Calloway Pope and

John Pope, the last seven of whom are minors, and have no regular guardian -

and all of whom reside in Bedford County Tennessee.



To the Hon'l B. L. Ridley, Chancellor & c - Humbly complaining your orator

John Pope would respectfully represent unto your Honor that John Gambrole

departed this life in Rutherford County some years ago having previously made

and published his last will and testament in which he devised to his daughter

Jane Pope who was then the wife of Hardy Pope, all that part of his estate

which he desired her to have free from the control and debts of her husband

during her natural life and at her death to descend to her children, and by

his will he appointed John Hall Trustee for the benefit of Jane Pope and her

children.



Your Orator would also show unto your Honor that after the appointment of John

Hall as such Trustee, he became desirous of being released from his said

trusteeship, and in pursuance of such desire, he applied to the County Court

of Rutherford County at its     Term 184      , to be denuded of his said

trust, which was by said court decreed, and your Orator appointed in his

place, that he accordingly entered upon the discharge of his duties of such

Trustee, after giving bond and security for the faithful performance of his

duties as such.  Your orator will also state that since his said appointment,

he has faithfully performed his duties as such trustee, managing & controlling

the property devised to Jane Pope and her children in such a manner as to

support and maintain the family, and not diminish the original fund, but the

same has increased in value.  That in pursuance of a decree pronounced by the

Honorable Chancery Court at Murfreesboro, upon a regular petition filed by

your orator, your orator was instructed to sell a small tract of land in

Rutherford County and invest the proceeds in the purchase of another tract of

land, so as to promote the best interests of the beneficiaries in the Trust,

that in pursuance of said authority, and with the assent of Mrs. Jane Pope, he

did on the 25th day of August purchase of Spions Ward for the consideration of

nine hundred dollars, two tracts of land lying in Bedford County in District

No. 10, containing about one hundred and twenty acres, and for a more full

description of which, reference is here made to the deeds executed, and which

are registered in the Register's office of Bedford County, copys of which will

be produced at the hearing, the said Jane Pope and her children reside on one

of said tracts of land, and the other is some distance from the other one on

which she lives, and can be disposed of in such a manner as not to injure the

place where she resides.



Your orator would now state that Hardy Pope who was the husband of Jane Pope,

but who is now dead in part consideration of said land, and for corn fodder

and provisions for the use of his family and which was necessary to their

maintenance and support, executed his note for the sum of $75.00, due 25th day

of December 1851, payable to Spions Ward, and on which your Orator John Pope

and William were the securities of said Hardy Pope, and which note by

agreement of your orator and the said Hardy Pope was to be paid for out of the

trust funds which might be in your orators hands belonging to said Jane Pope &

her children, and which was agreed to by Jane Pope herself.



Your orator states that he has been sued on said note, that he has no funds of

which he can pay said note, but about the sum of $70 or $80, and he is advised

that under the facts of this case, he has a right to come into this Honorable

Court and have so much of said land sold as will pay said note which was

executed in part payment of said land, and corn and provisions which was

necessary for their maintenance and support, and which ought in Equity to be

refunded to your orator.  That the said Trust estate consists of two slaves an

old woman "Zine" and a boy named Solomon, and some other personal property,

but that all of said property is much more necessary for their support and

comfort, and which they can less easily spare than a part of the land which

your orator asks to have sold.



The premises considered your orator prays your Honor to make the parties named

in the Caption of this Bill, defendants of the same, that copy & Subpoena

issue & c, and that they be required to make full & perfect answers to the

several allegations in this bill contained, as fully as if here repeated in

the form of interrogatories, and at the final hearing will your Honor decree a

sale of so much of the 59 140/160 acre tract as will be necessary to pay said

debt and the costs of this proceeding, and such other decree as to your Honor

may seem right and proper.  And as in duty bound your orator will ever pray &

c. E. & H. Cooper Sols. for Compt.



The separate answer of Jane Pope to the Bill of John Pope filed against her &

Mary Pope & others in the Chancery Court of Bedford County.



This Respondent saving and reserving & c, for answer to complainants Bill,

says, that it is true that John Gambell departed this life as stated.  It is

true that he made & published his last will and testament before his death.

It is true that John Gambell was the father of Respondent.  And it is further

true that he devised Repondent's share of his estate to be held by John Hall

as Trustee, for the sole and seperate use of Respondent, free from the debts

of Respondents then husband Hardy Pope.  Whether the limitation was to

Respondent for life only with remainder to her children depends upon the

construction of the testator's will, which question Respondents submits to the

Court.  It is true that John Hall was removed or released from his

Trusteeship, and that complainant was appointed in his room and stead, who

took upon himself the Trusts created by the will of testator, having given

bond and security.  Respondent denies that complainant has faithfully

performed his duties as Trustee, on the contrary such has been his neglect, in

that respect, that Respondent has lately been compelled to file her Bill

against him in the Chancery Court for Rutherford County to make him account

and have him removed and denuded of his Trust, which said Bill is now pending.



Respondent denies that Complainant has managed and controlled the trust

property devised to Respondent in such a manner as to support her and her

family, on the contrary her husband Hardy Pope in his lifetime living upon

Respondents land and having possession of her negroes made a support for the

family.



Respondent devised a tract of land, or rather three small tracts of land from

her father's estate, which was sold by said John Pope, and the proceeds vested

in other land, the excess in value of the land so purchased being paid out of

moneys devised in her father's will, and held in trust for Respondent's sole

and seperate use.  The land so acquired was sold by virtue of a decree of the

Chancery Court for Rutherford County on petition of Respondent and

Complainant, and the proceeds vested in the land in Bedford County mentioned

in Complainants Bill.



It is true that Complainant did purchase of Spios Ward for the consideration

of $900, two tracts of land as stated in the Bill, containing about 120 acres.

It is true that said purchase was made by & with the assent of Respondent, who

does not now seek to set the same aside.



Respondent and her children reside upon one tract, the other being seperated

from it by a strip of land about three hundred yards wide, but is essentially

necessary to the tract on which Respondent resides, the last having no timber

of any account.  Hardy Pope was the husband of Respondent and is now dead.

Respondent denies that her husband Hardy Pope executed his note for part of

the consideration for said land.  If he ever did any such thing Respondent

knows nothing of it.  It was totally unnecessary for Hardy Pope to give his

note either for the purchase money of said land, or for corn & fodder or

provisions for his family.



By the petition of the Complainant and Hardy Pope & Respondent filed at the

October term 1849 of the Chancery Court for Rutherford County, which petition

Complainant himself procured to be filed, and by the decree rendered thereon

on the 23rd day of October 1849, it appears that Complainant sold Respondent's

land in Rutherford County for the sum of $1,150 to one Albert G. Henderson

cash in hand.  The contract of sale was made before the filing of the

petition, the decree ratifying and confirming the sale, vesting the title of

Respondent's land in said Henderson, and directing Complainant as Trustee to

re-invest said $1150 in other land for Respondent.



Respondent answers that he re-invested $900, of the sum for the land mentioned

in his Bill, and Complainant has never in any manner accounted for the other

two hundred and fifty dollars.  If Hardy Pope gave his note for any part of

the purchase money for the land in Bedford County, it was totally unnecessary

for him to do so, Complainant John Pope having the Trust fund in his hands and

retaining the same.  It was equally unnecessary for Hardy Pope to have given

his note for corn, fodder and provisions in Bedford County, inasmuch as John

Pope the Trustee sold upon their removing from Rutherford County, a large

quantity of the same articles on the Rutherford farm on their breaking up, and

a sufficiency to have supplied Respondent & her family in Bedford County,

besides the $250, aforesaid, the difference in the prices of the land sold and

purchased.



Respondent knows nothing of the alleged agreement between Hardy Pope,

Complainant & William Pope about paying the $75.00.  Respondent knows nothing

of said note.  Complainant had ample means in cash belonging to Respondent to

pay the purchase money to Ward for the land, he was directed by the Court to

so apply it, and if he did not so do, he must have applied the money to his

own purposes.



Respondent knows nothing of complainant being sued on said note, and if he did

not apply the trust fund to payment of the land Respondent insists that he

ought to have it now.



Respdt. answers that John Pope ought to have a great deal more of the trust

fund in his hands than $70 or $80, even if he had paid out $900 for the land.

It is true that Respondent has the slaves mentioned in the Bill and some other

personal property.  But Complainant contests the right of Complainant to have

any of the trust or other property sold to pay said alleged debt.



She further answers that her Bill filed in the Chancery Court at Murfreesboro

would and will settle all matters between them.  Respondent begs leave to rely

upon the pending of said suit in abatement of this, the same as if she had

pleaded.  And now having fully answered she prays Complainants Bill be

dismissed & c. Buchanan & Keeble Sols. for Respdt.



********* Rutherford Co., TN Chancery Court Minute Book C, pages 42-43 Special

June Term 1856



Jane Pope & others} vs           } John Pope & others} &            }         

In Chancery at Murfreesboro. John Pope & others} vs           } Jane Pope &

others}     This cause came on for hearing before the Hon. L. D. Frierson, at

the Special June term of the Chancery Court sitting at Murfreesboro, upon Bill

cross bill, answers, replication & proof, when it appearing to the court, that

the equities set up in the cross bill of complainant John Pope, are fully met

& denied in respondents answer, & that the same are not sustained by proof it

is therefore ordered adjudged and decreed by the court that said cross bill be

dismissed & that complainant John Pope pay the cost of the same, for which

Execution may issue against him and his securities.



And it further appearing to the court, that John Gambill departed this life,

having first made and published his last will and testament, in which he

devised property to his daughter Jane Pope, during the term of her natural

life, and after her death, to her children, and that he appointed John Hall as

trustee of said Jane Pope, & her children, to hold the property so devised,

and it appearing that said Jane Pope and her husband Hardy Pope, together with

John Hall, Trustee aforesaid filed this petition to the Chancery Court, to

have said John Hall removed and denuded of his trust, which was accordingly

done, and John pope was appointed Trustee in his stead, to execute the trust

according to the provisions of said will, that said John Pope, Wm Pope &

Jackson Smith, according to the requirements of the decree appointing said

Pope, executed their joint bond in the sum of $1500 to G D Crosthwait Clerk &

Master of the Chancery Court, that said John Pope should well and truly

execute the said trust assigned him.  And it appearing that said John Pope

Trustee, together with said Jane Pope, & Hardy Pope & their children filed

their petition in the Chancery Court for the sale of a certain tract of land

in Rutherford County, which sale was made and ratified by the Court for the

sum of $1150, and said John Pope ordered to reinvest the proceeds of said sale

in other real estate when he purchased two tracts of land in Bedford County,

one described as, Beginning on an Elm in Thomas Carltons line Burel Wards

North East corner burning West 80 poles to John Wrays North East corner on a

stake near a Hackberry thence south 120 poles to a stake, thence East 80 to a

stake thence North 120 poles to the beginning containing 60 acres for the sum

of $450.  The other described as beginning on a forked cedar, John Wrays North

East corner turning south 127 poles to an Elm, thence East 70 poles to a stake

thence North 49 1/2 poles to an Elm, thence East 2 1/2 poles to a hackberry

thence North 47 poles to a stake, thence North East 36 poles to a stake,

thence North West 15 poles to a stake thence West with the county line 93 1/2

poles to a cedar thence West 19 poles to a Sugar tree, thence south 3 poles to

a cedar thence 19 poles to the beginning, containing 59 acres & 47 poles, for

the sum of $450, making the sum of $900, for which Spions Ward made deeds to

said John pope, as trustee for John [sic Jane] Pope & her children.  And it

appearing to the court that said John Pope has abused his said trust, and

ought to be removed & denuded of the same, It is therefore ordered, adjudged &

decreed by the court, that said John Pope be removed and denuded of his said

trust, and that all rights, title & interest in & to said tract of land, be

and the same are divested out of John Pope as trustee aforesaid, and the same

be vested in said Jane Pope, for and during the term of her natural life, and

after her death, in her children their heirs & assigns forever.  And that said

John Pope be held responsible and made to account for the $218 dollars, the

balance of the trust fund, on said purchases, with interest amounting in all

to $303, and John pope and his securities William Pope & Jackson Smith, pay

the cost of this suit, for which Execution may issue as at law.