RUTHERFORD COUNTY TN - COURT - Mary Thurman vs. Benjamin Thurman, John D. Gilmon, John Jones ******************************************************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Deborah Parks ******************************************************************************** Rutherford County, TN Probate Court Book C page 190-191 Mary Thurman, a femme covert vs. Benjamin Thurman & John D. Gilmon & John Jones Be it remembered that on this 22nd day of October 1857, this cause was heard before Chancellor Bidle, presiding at Murfreesboro on bill to ____ for confessed as to all the defendants appeared to the court the complainant Mary Thurman is one of the children and legatee of Francis Brother deceased late of Rutherford County Tennessee who previous his death made his will appointing William Brothers and J.J. Miller his executors. It appears that J.J. Miller and William Brothers denounced this executorship of his will and whereupon defendant John D. Gilmore was appointed administrator with the will amended. It appears that the testator directed all his estate real and personal to be held after the death of his wife who survives him and the proceeds divided equally between his children providing that complainant show, should specially go to her use and the heirs of her body. And no ___ whatever and this the same should be rendered the direction, of a guardian which he authorized the County Court to appoint. It appears this complainant with all the devices render the will filed this bill for the sale of the land, in the County Court for Rutherford County that defendant John Jones was appointed commissioner to sell said lands who has sold the same. It appears that the said John D. Gilmore as administrator sold the salves and other property belonging to said testator and that at the sale of the slaves defendant Thurman became the purchaser or bid off for complainant a Negro man named Calvin, for the price of $1,405.00 and executed his note for the same payable the 1st of August 1857. And complainant having paid the court to settle upon her legacy coming to her from testator, under said will and she having paid the court to apply the same toward the purchase for her of the slave Calvin to bid off by defendant Thurman her husband. The Court doth not decide whether complainant _____ absolutely render said will, or whether the same is limited to her, the Court is of opinion that complainant has an equitable right to have said estate settled upon her and her children and is have the same applied toward the purchase of the slave Calvin. It does not appear that complainants precise interest in the hands of the Administrator Gilmon or what her interest in the hands of the commissioner Jones is, the whole not having probably been realized. It is therefore ordered and decreed that the said John D. Gilmon apply whatever sum that may be in his hand coming to complainants to the discharge of the note so given for the salve Calvin. Auditing the same with the Clerk and Master who will make his report hereinto the next term until which time all questions not here settled are researched.