SEVIER COUNTY, TN - MISC - J.B. Wells and wife (Clarisa Catlett) vs William Catlett and others ==================================================================== 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. This file was contributed for use in the USGenWeb Archives by: Linda Neal ohiomom@ameritech.net ==================================================================== Contributor's Note: The following record was copied from the Joseph A. Sharp Collection at the McClung Library in Knoxville, Tennessee. In this suit, J.B. Wells and wife (Clarisa Catlett) filed suit against William Catlett and others in regards to the terms of the Will of Benjamin Catlett, decd. They charge that the Estate is being misused by William Catlett & others. The Executor for the Estate, Micajah C. Rogers is also named in this suit. Original Bill, filed 5 Jan 1846, Chancery Court, Sevierville, Tennessee. To Thomas L. Williams, Chanceror for Eastern division of state. James Wells of Blount County, Tenn. Month of April, 1833, Benjamin Catlett made will, and left town lots in Sevierville and personal property to wife, Nancy Catlett; also she got use of negro property. She got farm on Gists Creek. All of this "to be used and enjoyed by her, for the purpose of raising the children of the said Catlett." He also willed that his "Bitner Mills" and any other property not disposed of by said will be sold on credit of twelve months and money put on interest for benefit of children. After death of widow all property to be sold and divided among children: Clarisa, William, James, Henry and Martha, and appointed John W. Porter and Micajah C. Rogers his executors. Catlett died in 1834, and in October, 1835, he, Wells married Clarisa Catlett. She was the eldest daughter. Porter died before Catlett, leaving only Rogers "to execute will, but Rogers since left "the country". When Catlett died he had Solomon and Ben, negro men, and Sara a negro woman, and Martha Salla and Rhoda, young negro girls, probably between the ages of seven and twelve. Rogers sold Solomon, and Ben, Rhoda and Salla have since died. "The said Benjamin Catlett before his death sold the said Bitner Mills and bought a Grist and saw Mills at the Forks of the Little Pigeon, in or near said town, together with a wool carding machine in the house of the said Crist mill, but made no disposition of said Mills or Machine, by his said will, except that it directs all property not devised or bequeathed to be sold when the said Bitner Mills was directed to be sold." Nancy Catlett, William Catlett and James Catlett, about last of November or December sold negro girl Martha to Bartlett M. Magee of Blount County. But William bought her back again owing to difficulty about title. "Said William and the said James, being about to go to Georgia and Florida with a drove of horses in a few days, and the said William is threatening to take the said Martha with them and to Sell her in the South, and he is informed and believes that the Said William designs and is threatening to take all the said negroes to the South and to sell them." Also widow, James and Henry are aiding in this design. William also sold wool carding machine for eighty dollars. William has also appropriated to own use great portion of proceeds and profits of Grist and saw Mills and gets rents and profits from farm on Grist Creek. Nancy under influence of William. Both Clarisa and Martha Adaline Catlett, "youngest heir of said Catlett and a minor of tender years." Bill asked for an accounting from William, Nancy, James and Henry, and also an injunction against sale of negroes. Also asked decree for sale of Grist and saw mills and proceeds be divided among heirs. Such an injunction was issued. Amended Bill filed 30 Sept 1846 by Wells and wife, Clarisa. Catlett sold Bitner mills except a house before his death and after making will. He also before death and after making will "purchased a valuable grist & saw mil, cotton gin and carding machine in the town of Sevierville." Will directed all property not devised to be sold and divided, but mills have not been sold. It was charged that said "William and James are appropriating most of the property, profits and effects of the said estate to their own use and benefit. Said Nancy and said Adaline are wholy under the controll and in the ..of said William and said James, so that they have the whole controll." "The proceeds of the Gists creek farm, the mills & etc. are used at the tavern so far as necessary. The tavern employs the negroes through a considerable portion of the year, and the said William & James receive the proffits of the whole." Nancy sold house excepted in Bitner mills sale but do not know what she received for it. "The Grist and saw mill do & have done a considerable business yielding large amounts of flour, grain, lumber & etc. Said carding machine might also have yielded yearly a considerable quantity of wool but was detached and sold by said William." Estate in danger being wasted by "cupidity of said William and James who have built boats and freighted lumber from said mills, also four the produce of said mills, and appropriated them to their own use". Willing for William and James to have their share and even reasonable compensation for their work and care of estate. No charge of bad faith against Nancy, Henry or Martha Adaline. Further charged that "a valuable pair of millstones belonging to said mills" have been sold by William for own benefit. "Some five years since said William purchased of a certain Clendennon a negro boy, Jim, and that the purchase money was made up of the rents & proffits of the estate." Micajah C. Rogers now of Texas was made a defendant also. Lewis Reneau was lawyer for Wells. (At this point a copy of Benjamin Catlett's will is included, see Will already posted for Benjamin Catlett) Answer of Nancy Catlett, 10 April 1847, Richard Lanning C & M. Benjamin Catlett died 29th April 1834; had made will 30 April 1833. She did not admit that lot with mill did not pass by will for her life or until marriage. "Respondent shows the fact to be that the lot on which the mill stands is in the town of Sevierville was a lot owned by Benj. Catlett at the time of making the Will." She remained a widow and had right to hold on to lot and mill. She has held it for 7 years and Executor knew of purchase and locality of property and she can hold it under statue of limitation. "But respondent shows will further show that in any aspect of this case - it would be unjust and most inequitous for complainants to have an account of the proceeds of the mills. At the time of his death, Benj. Catlett was in debt for the property - and the most of it respt had the debt to pay - for in equity the consideration was a lien - over and above this Respondent applied the proceeds in such manner as constantly improved the estate and leave the same in a condition that a better distribution might be made at her death." "On one occasion the dam way broken and at great cost and hazard of life of sons & hands the same was repaired at her expense & expense of her son William - as well as the making such other repairs from time to time as were necessary to keep up the establishments." She admitted the death of negroes and the sale by Rogers of Solomon to pay debts. "There was in the mill what had once been a carding machine - the cards were entirely worn out - experiments were made with the machine but it would not operate." Had no means to furnish new cards and advised "it was machinery difficult to keep in order." Was sold for $70 to $80. "The Cotton gin was of no value - it was worn and cotton had in a great measure ceased to be cultivated - said Gin in in the mill undisposed of subject to any disposition the court may choose to make of it." Denies that she William and James were in "unlawful combination" to sell negroes. "The Girl Martha had been raised in the family - Respondent had permitted her daughter Mrs. Wels to have the Services of said Girl for a time - On taking her home again for some cause she appeared changed in disposition & temper expressed an unwillingness to live with the mistress that had raised her & wished to return to Blount County - Respondent finding she was likely to do no good - And Bartlett M. McGhee offering a most Generous bid for said Girl in like (Negro) property two valuable and likely boys for sd Girl believing (as all who were consulted did) that the bargain proposed was one greatly to the advantage of the heirs - Respondent left it to her sons to go on with contract." Mrs. Wells of age and did not expect her to object. Bill of sale for two boys taken out in name of heirs, but when discovered that Wells and wife objected the bargain was cancelled and Girl restored to Nancy Catlett. "In this transaction it is due repondent to say the Wells & wife used as much unlawful authority over the Girl - as Respondent - for they seized, held for a time and claimed her as their own." Denied that any plan made to sell the negroes in the South. "Respondent had the controul & would have prevented it." William did no get for own use proceeds of mill and Gist Creek farm has been held by her as will provided. "As to the charge in the Amended Bill - That Benj. Catlett decd. Made his will in 1833 and afterwards purchased the lots on which the mills were erected and died in 1834 - The facts are not admitted as charged - said Benj. Catlet made the purchase of the Mills (with Graham) on the __day of __1832. Made his will on the 30th day of April 1833 and died as before stated, on the 29th day of April 1834 - the dates of these events are stated on reliable information." "It is admitted the Bitner mill place was sold, reserving a house, it is probable the same was sold by Decd., Benj. Catlet - the House was afterwards sold or exchanged for a house as is shown on the 6 page of inventory of the Executor M.C. Rogers." Her son "William acted as her agent in conducting the tavern & mills - And it is due to him and to James also to declare that they and particulary William acted a most industrious and faithful partner assisting Respondent - improving & keeping together the estate in their hands. The debts against the estate were greatly over any thing anticipated at the time of Mr. B. Catlet death. The Mill had been purchased for the estate was indebted. Many of the debts due the estate were lost more it is believed than 1000 Dollars. The Mill had not only to be repaired but be built over again." "For years every Dollar She Respondent could realize was demanded and taken from her by the Executor for the payment of debts as she said." Negro Solomon sold to pay debts. "No sooner would a court adjourn - then the Executor would come and demand all the money on hand Realized from the tavern and it was paid to him this continued from the Grant of the Executorship up to about March 1835." Had confidence in Rogers and he rendered no account and she kept no account. Executor in account made said "that the Assetts amounted to $1267.59 Disbursements 1615.64 344.04 10.00 Balance over paid 354.04 3/4 But not by the Executor out of his funds but by the money...in the hands of the Widow and family - from the profits arising from the mill & tavern principally. "Executor "Resorts that as all is left to the widow nothing to do except pay off debts." Nancy called Wells charges as "untrue & unnatural charges made against her by those that have best known her tribulation labors & suffering on their behalf." "As she verily believes the most she has done is for the compt Clarissa Wells, on her marriage compt did what she could for her Whither she, while she calls upon others to account, intends to accounts for her advancements - will be seen hereafter for it is not offered in the bill." Respondent further answering says that for several years past her sons Wm & James have been trading in stock and otherwise to the south. They commenced upon a cred - and have as Respondent believes been Successful in most of their adventures - by means of which they have realised some money & property - Amongst the rest the Negro man Jim spoken of in the bill - Respondent denies that said boy was bought with the money of the estate ." James young at his father's death and knows little about estate. "Many years ago purchased a lot of Logs up the River and in a cold and most inclement Season at the risk of his health Rafted them down amid ice so that his clothes were frozen about his legs - he made some Lumber by his own industry in the Mill (which as respondent is advised was his own) - sold it the Lumber below and with part of the proceeds purchased Groceries for the family - in the use of the Mill respondent gave to said William her consent as far as she had any interest. She repeats that the saw mill was bought by William of Col. John Ellis it was on one of the town lots devised to Respondent." Peck was solicitor for Nancy. Richard Lanning, C & M, Sevierville, 10 April 1847. Her Nancy X Catlett Mark Answer of William and James Catlett, 10 April 1847 "There was a proposition by McGhee to purchase or exchange for the Girl Martha. The offer was a most generous one on the part of sd McGhee - two likely Negro boys for sd Girl by way of exchange Respondents giving $200. As the Girl had failed to discharge her duty to her aged Mistress that had raised her." Took up this proposition and paid money out of own funds and "bill of sale was taken in the name of the widow and heirs." Wells and wife objected "because they wanted sd Girl, " and contract was recinded." Girl taken back and now in possession of Mrs. Catlett. William and James then purchased sd Boys from McGhee with their own funds & on their own account for $750 and has since sold one of them for $600. Girl was not worth more than $600 at that time. "Respondent Wm. Admits he sold the skelleton of what had been the Wool Carding machine at about $75 or $80 - and the amount received was immediately applied to the use of the estate in payment for improvements." "The Cotton Gin is in the Mill undisposed of - it is of very little value." Was duty of Rogers to sell property not disposed of in will, but did not sell carding machine so he must have considered this part of mill belonging to Widow. If anything wrong Rogers to blame. His security was Lewis Reneau. "Rogers is beyong the limits of the State & is said to be insolvent." "Respondent William knows that a large amount of money had been paid to Rogers the Executor - as fast as it was made at the tavern, it was regularly demanded and paid over. Respondent Wm usualy made the payments and thinks in the whole it could not have amounted to less than $_____." Rogers kept no account and none kept in tavern. "Respondent William will say in his justification that he devoted years of his life to the care and improvement of the estate. He superentended the improvements on the Mill had the same newly Roofed - aded to the Tavern house 3 Rooms - built new stables - put in a Dam to the Mill when the old was broken and sundry other improvements." Often used own money with mother's. "Respondent for several years have been trading and acting for themselves. They commensed upon a credit - have made some money and property - and amongst the rest the Negro man Jim. This man has been purchased with the money of Respondent William and not with the money of the estate as is falsely charged." Denied any intention of selling other slaves. "If any such expression was used by either of them, it was either an expression used out of Levity or in a moment of heat produced by the conduct of complainants in standing in the way of the interest of the heirs in the affair about the girl Martha. Answer of M.C. Rogers, filed 22 Sept 1847, Richard Lanning C & M. "This respondent will here say, that in the lingering State of health which finally terminated in the death of the said Benj. Catlett, he was frequently Sent for by Said Testator, and who often and freely conversed with this Respondent upon the disposition of his temporal affairs. That the said Catlett at all times seemed to have unbounded confidence in the ability and uprightness of his wife. That he believed she would manage all things well, for her own interest and that of their children." Would have made her executor but "she was young and says might marry again." Rogers said he believed he wrote the Will. Catlett's wish was not to dispose of property except to pay debts, and Rogers said he consulted with Nancy and William "who was almost a young man and appeared to take a lively interest in settling up the affairs of his decd. Father, which I thought to be laudable and honourable in him." Said he had confidence in both and never kept any funds. "But when debts were to be paid his practice was, to cross the Street and go to the family residence of the Decd. To see that the papers were legal and in due form to count the money when presented by the wife of the Decd., or son above named - draw receipts therefor, and then leave the file of all vouchers relative to said payments in their possession." "In this way all the business progressed until a negro trader by the name of James I. Harrison came to Sevierville, and offered fair prices for negroes, and all the debts owing by the Estate not being paid, as usual a consultation took place between the widow of Said B. Catlett, the Said Son William and this Respondent, and it was unanimously agreed upon amongst us, that a Negro man named Solomon, some what advanced in years, could be better spared than any other property belonging to Said Estate. And more especially as said James I. Harrison offered in par funds, Six hundred dollars for...Solomon, which this Respondent believed to be a large price." Trade made and money given to widow. "This Respondent is not able to say how much of this Six hundred dollars was expended in paying debts, but his impression is, that there must have been a cleaver sum left after all debts were paid, but in this he may be mistaken as much time has elapsed since those transactions." "Some time after as this Respondent believes a proposition was made to purchase from a Doct. Clendennon a Negro man named Jim, and he being consulted on the subject and informed by the said William Catlett, that they had funds Sufficient to make the purchase. This Respondent advised that the purchase should be made, which he thought was to be for the use of the family and consequently the property of the Estate. But when the trade was made, this Respondent was surprised to learn that the Said William Catlett claimed the negro man as his private property and had the Bill of Sale made to him only. From that moment this Respondent believed he saw the Seeds of future and bitter contention sown, in a hither to harmonious family and determined to release himself from all connection with the monetary affairs of that estate as soon as he could do so legally. "Therefore Rogers asked County Court to release him as William Catlett now of age and asked that William be appointed instead as executor. Understood Court did this." "This Respondent never looked upon his duties as an Executor in the proper sense of the term, but only as an agent to assist the family to wind up a deceased man's outstanding claims and the debt he owed, believing no other kind of action was required by the "Will" until the widow should again marry, or until her death, should she remain a feme Sole." Does not know price or to whom William sold Mill Stones and Wood Carding Machine. Remember the sale of the reserved house at the Bitner Mills but does not know the price received for it. Never had anything to do with Gist's Creek farm; family had charge of it. Also left Mills in Sevierville and Tavern in their hands. State of Texas, Walker County, William Vise, J.P., 26 August 1847. Isaac McGary, Co. Court Clerk; T.G. Birdwell, Chief Justice, Walker County, Texas. Depositions: William L. Rogers, aged 26 years, before Richard Lanning, C & M, by M.A. Rawlings, C. C & M, Sevierville, 8 March 1848. "I drew the bill of sale saw it signed & acknowledged, was not present at or during the time the trade was going on." Said he understood that girl McGhee got "was a mulatto Girl named Marth," but could not say whether it was a good trade or not. Always understood that William acted as agent of Nancy Catlett. Joshua Gist, aged about 43 years. "I am acquainted with that mill and no it is in the Town of Sevierville and no that Benjamin Catlett purchased sd mill at the sale of Spencer Clack Deceased in the month of September eighteen hundred thirty two but don't recollect what he gave for it." "Benjamin Catlett gave his notes for the mill and the lots the same day and took immediate possesion of sd property." "If there was any other person concerned with Mr. Catlett with that property I never heard of it. I left Sevierville in February after the sale of that property and no that Benjamin Catlett was in possession till that time." Solomon Andes, aged about 53: Was asked if he was acquainted with Gist's Creek farm where J.R. Reagan. "I never thought Said farm more than paid the Taxes & to it us." "As to them negroes I know nothing about them. I have seen the boys that they swaped Martha for & I had Rather have the two boys than to have Martha but how they swaped I know not. I was told by William & James Catlett that they had swaped for the Boys." Always understood that William acted as agent for Nancy. Thought Gist's Creek farm should have been farmed differently by sowing grass on wet parts and cultivating dry parts in corn and small grain. Catlett family "Get their firewood on an Entry there. I believe they get the principle part of the firewood that keeps up the house. Said Entry belongs to Said farm on Gist Creek." "They haul in the course of a year 100 loads or more but they loads on small with one yoke of oxen perhaps not more than 50 loads hauled by a large waggon & a good team the price of wood is on an average Seventy five cents per load one year with another." S.O. Dickey, aged about 35. "I sold Goods in Sevierville & William Catlett traded with me Some upwards of 300 Dollars and I thought that the Goods so bought was for the use of the family a portion of the Goods I know was for the use of the family." Steward O. Dickey. Bond signed by Wm. Catlett, James P. Catlett, M.W. McCown, James McNelly, and B.M. Chandler for $2000.00 to bring two negro women slaves before Chancellor next term of court and abide by decree of court. 11 October 1847. No decree was found in this case.