Record book
on her land after Isaac McCullar’s death and if Shafner though he was marrying into a good time - he might have made a mistake. Missouri was about 49 when she died. A J Powel, age 51, in 1884, testified that he wanted to marry Missouri but apparently they couldn’t come to terms on what each owned. She said no man would control the property of her first husband. He also stated “Yes, she agreed to marry me, but she did not tell me that she did not want to marry an old man.” Yet she paid $75 for C C Shafner, who had come from middle Tennessee, to get a divorce to marry her. She had to give instructions that she would not be responsible for his debts. (Maybe she made a mistake.) They were married about 10 months when she died. It did not state when she got sick, but W W McCullar stated that when she got sick, Shafner would give her the medicine but he didn’t do it right (maybe too much) so she said Martha Lipford would give it to her. He stayed in his room, drunk and mad, and would not see her much during the last. She told W W McCullar she was a little afraid of him, that maybe the medicine she was taking was not the right kind. She died 8-10 days after she told this. Mary Jane Hefley bought the 178 acres of land in October 1884 for $1,000.. The 178 acres had been given to Isaac McCullar by his father Alexander McCullar in August 1873. The siblings of Isaac McCullar received $142 each: Andrew Jackson McCullar, F H & Elizabeth ‘Betsy’ Simmons, David McCullar, Mary J Hefly, William W McCullar, Martha Houston who resided in Texas in 1884. (Note: Elizabeth ‘Betsy’ in 1884 is the wife of F H Simmons. Reflections state that Elizabeth married a Martindale and then a Cannon. The marriage book shows that an Elizabeth Hill married F H Simmons Jan 31, 1864. In 1880 a John C Hill is living with Frederick and Elizabeth Simmons.) Mary Jane McCullar married P J Helfy William W McCullar married Mary Etta Murphy Isaac McCullar married Missouri Lipford David McCullar married Margaret Cagle Martha McCullar married Archibald Houston and moved to Texas Andrew Jackson McCullar married Adaline Rains. This case did not give a lot of information but it sure was interesting to read.
Isaac McCuller departed this life in McNairy County on the – day of Sept, 1879, that he died without issue leaving Missouri E McCuller, his widow and relict. The said widow and W W took out letters of administration upon his estate on Oct 6, 1879. Then came into their hands the sum of $1,586,76 consisting of notes, accounts and personal property. The estate was settled in 1882 after collecting the most of the debts due said estate and paying off the creditors. Outstanding notes at that time were L B Carter Sr and L B Carter Jr for $108.52
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T B GARRETT VS E H T GARRETT
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
Chancery Court - 1884 # 581
McNairy County Court -1869 Administrator Bond # 349
Nancy Garrett died intestate in 186- leaving two sons, T B Garrett and E H T Garrett. J W Garrett was appointed as administrator of the estate but died without settling the estate. He left a judgement on a note of J W Miller and H H Brown. J W Garrett was related to Nancy Garrett, but relationship never stated. Jan 1869 H H Brown was appointed administrator. Recorded in # 349 County Court Records. Bond set at $350 with W D Joplin and A D McCullar. E H T Garrett was age 34 in 1885. Apparently E H T Garrett sold the land that T B Garret was due ½ of the proceeds or rents earned. E H T Garrett and T B Garrett were half brothers. Fathers never mentioned. T B Garret was very young at his mothers death. My personal research on Nancy Garrett: In 1860, Nancy is listed twice in the McNairy County census. Once in District Five with James Garrett, probably brother and probably the J W Garrett appt adm of her estate. She is listed as 33, born SC and one child Tailor age 10, Tn. Next door is C B Rogers, also known as Commadore Rogers. Commadore may have married one of the Garrett girls since James Garrett has a son Commadore. Also C B Rogers is appointed guardian of T B Garrett. She is also listed in 1860 with McDaniel Garrett in Dist 5, she is listed as Nancy A, age 31 and Ephriam H age 10. So the eldest child must be named Ephriam H Taylor Garrett. In 1870 T Bennett Garrett is living with Commadore Rogers. Commadore Rogers was born Mar 13, 1813 and died Oct 31, 1896 and buried at Indian Creek, near Chewalla. T. B Garrett was born in 1860 and became of age in 1881. Relationship, if any, of Commadore Rogers and Nancy Garrett, is unknown. It is thought Nancy Garrett had these two boys out of wedlock.
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JAMES WARDLOW VS SAM SHARP
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1884 No 585
Transcribed by Nancy Wardlow Kennedy
James Wardlow vs Sam Sharp, L H Springer.
A very interesting court case. A very sad case when read with Hooker vs Sanders, Chancery Court Case 532. A J Hooker, usually called Jack, had his farm taken away under false
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pretenses, he was broke, owed a lot of debts. So he sells what he can and leaves in the middle of the night. A J Hooker sold to James Wardlow on 11 day of Oct 1883, some of his possessions, hogs, plow tools, and the cotton in his fields for $300 and he went to Arkansas.. At the time o f this transaction, Jack's son, David R, states "he was hunting a hog" was the reason he went by his father's house . This was very common since most people had no fences or pens. The case was too long to cipher all the details. I was more or less interest in facts presented in this case. D R Hooker, Jr. states that A J Hooker died 23 day of March 1885 in Pope County Arkansas, and that he was 66 years old in 1883. Jack Hooker, left McNairy County and went to Arkansas 'in the middle of the night'to avoid his debts. He meant to leave earlier, and didn't want anyone to know where he went, but it rained and delayed him a few days. Because he did not have any money, he sold most of his possessions to James Ward ow. He had tried to borrow some money from Wardlow, but couldn't. So he told his share cropper, Babe Thomas, to get some hands and go to the fields and pick him enough cotton for money to leave, which was done and the cotton was carried to the Wardlow gin. One bale was carried to Chewalla to the gin. All of his daughters did not leave with him at that time, only one daughter and grandson. Since most of them wound up in Arkansas, apparently they followed. He gave his daughter Zade a cow, his son David R Hooker a cow. There were pigs left on the farm, which the daughters killed seven. David Hooker killed one pig, a man by the name of Sweat got one, and one sow is still at the farm. There are two James Wardlow's in this case. One is James Wardlow, the complainant, who was about 52 years old at the time. (He lived at New Hope and was married to Memphis Caffey.) The other is James W or J W Wardlow, age about 46 , brother-in-law A J Hooker. In the deposition, J W states he is 4 or 5th cousin to James Wardlow. We have it a little closer kin but may be missing something. (This fact had been a big concern to Wardlow researchers. We thought the two James Wardlow’s were related - just wasn’t sure.) A J Hooker left McNairy county a defeated old man, robbed of most of his belonging, except what he could put on a wagon . The Sanders case tells how Hooker's land was just taken away from him. He wrote a letter back to hi s cousin T B Hooker. 'Pottz Station, Polk Co, Ark. “Mar the 2# 1884. Mr T B Hooker, ESQ/ After my congrutlation to you & famuly as you now (know) I left McNary under the most heart rewing surcumstances eve (ever) any man did on earth. Robed of everything that I posest without any compensation. Now T B I want you to tell my friends back their if you permite me to live & give me health & strengh I see them again. Now T B, I not going to rite much as I have just rote to D R & it geting late. I want you to rite me all the news of the country that is of emporance & please see D R & now (know) the reason he dont rite. I have not recd anything from him sence t he 29th of Jany. Please let me hear how they ar geting along & what they ar doing. Please answer imediatly & all & co dock & family & a ll joines in sending ther tenderst regards to you & family. This leaves us all in your health. Rite soon & often. I give you my fiend of - -- - in my next if permiten to live. A J Hooker.
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Enclosed you find Davids letter. Please cary it to him or send it imediatly & all. I send to you for the reason I think there is something rong ome wher in the post off ice. D R write he has never recd but 3 letter from me & I had rote 8 or 10 now. “ (Letter copied as written - with punctuation added for clarity.) A J Hooker could write.
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BUELAH KING VS A J KING
MCNAIRY COUNTY, TN CHANCERY COURT
1884 No 600
DIVORCE GRANTED OCTOBER 18, 1884
Transcribed by Nancy Wardlow Kennedy
Beulah King and A J King married Feb 9, 1882 and lived together until about Dec 20, 1882 and he abandoned her and her child only a few weeks old that died before she applied for divorce which was filed Sept 20, 1884. H C Carter and J C Millsaps testified in her defense, stating that he left and she and the baby went home to her mother. Mr Carter stated “he plays the fiddle, hunts squirrels and goes to see other women is about all that I ever see or hear of him doing.” The court case plainly says A J King, but the Marriage Records documents by R Harold Cox say R L King and B B Milsaps married Feb 9, 1882, H Derryberry bondman and John W Walker, JP. Recorded book I pg 62.
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WILLIAM FERGUSON, ETAL VS L C ROTEN, ETAL DOCKET
MCNAIRY COUNTY, TN CHANCERY COURT
LAND DISPUTE, FILED IN THE CHANCERY COURT AT FALCON, TENNESSEE
1885 No 621
Transcribed by Nancy Wardlow Kennedy
THIS CASE HAS THE SAME INFORMATION AS CHANCERY CASE 629 A J Ferguson died intestate 186- leaving Mary A Ferguson, his widow and children: James H, Nancy Jane, Frederick S, Mary Ann, Eliza, Victoria, Ephraim, Louisa and William. Mary Ann was appointed executor of the estate. He died before Nov 1865 because a petition had been filed for dower and sale of the land by Mary Ann Ferguson before that date. At the December 1865 term of court, it was ordered that the land be sold to highest bidder January 13, 1866 and Mary A Ferguson bought the land in question for $30.00. Misc information discovered: Mary A Ferguson drew a $8.00 a month pension for herself and each minor child. Starting at least in 1872. She did not receive money on a child
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after they reached age 16. The youngest child was 16 on Dec 20, 1874. Victoria name was:
Comfort Victoria Ferguson. Victoria could write.
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JOHN M HARRIS VS E. H. FERGUSON, ETAL
MCNAIRY COUNTY, TN. CHANCERY COURT
1885 No 629
Transcribed by Nancy Wardlow Kennedy
Debt Dispute
Defendants: John F Gilmer, J. H Ferguson, E H Ferguson, F P Ferguson, William Ferguson, Lawson King and wife Nancy J King, John King and wife Louisa King, Henry Boatman and wife Mary A Boatman, Jeff Foster and wife Eliza Foster and Victoria Ferguson. This case pertains to an indebtedness, lien on land. Complainant states that on the 29th day of September 1879, Mary A. Ferguson executed to him her promissary note for $65.00 due on the 25th day of December 1879, which is still unpaid at court date. The $65.00 was the balance of the $250.00 purchase price of 26 acres lying and being on the waters of Mosses Creek in the first civil district of McNairy County, State of Tennessee. Bounded by J L Boatman, William Wallace, J T Gooch and William Gilmer. Complainant states that on November 1, 1880, F P Ferguson and E H Ferguson sold this tract of land to John F. Gilmer. According to this court case, Mary A Ferguson died intestate April 1884 (the McNairy County cemetery Book documented by Albert Brown shows her death date as June 30, 1883.) Defendants state the 26 acres was Mary A Ferguson dower which she was entitled to out of the lands of A J Ferguson. A J Ferguson departed this life intestate leaving surviving him Mary A Ferguson his widow and James H, Nancy Jane, Frederick S, Mary Ann, Eliza, Victoria, Ephraim, Louisa and William Ferguson, the last eight of whom are minors under the age of 21 years of age, His widow, Mary Ann was appointed administratrix of his estate (which is unusual - it is usually a man.) R. M. Thompson, McNairy County Court Clerk, declared that the court declared in December 1865 that the lands of A J Ferguson be sold at the courthouse door in the town of Purdy on January 13, 1866 and Mary Ferguson, the high bidder, purchased the land in question for $35.00. A. J. Ferguson owned approximately 126 acres at the time of his death and Mary A selected 26 acres as her dower. There are several pages to this court case but the arguments go round and round.( Note: Frederick’s middle initial was sometimes listed as F s and sometimes F P.P
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GEORGE PARRY VS JAMES DUNAWAY
McNairy County, Tennessee, Chancery Court
1886 - 641
ISHAM FORSYTHE Descendants
Compiled by Nancy Wardlow Kennedy
Names mentioned in these files: Adams, Armstrong, Basham, Bell, Bizzell, Boatman, Cottrell (?), Chambers, Chamness, Curry, Dancer, Davis, Dunaway, Fisher, Forbes, Forsythe, Garrett, Gibson, Glass, Henderson, Jones, Lakey (?) , Lawson, Leath, Leeper, Manley, Matlock, McCoy, Melton, Monroe, Moore, Morris, Nickels, Nickles, Prince, Sanders, Tate, Vanstory, Wallace, Wren (Note: please allow for errors in transcribing names. )
This information is drawn from two lawsuits in McNairy County, Tennessee Chancery Court:
#641 George Parry, etals VS James Dunaway, etals 1886
#903 James McNatt, etals VS Can Foresythe, etals 1894
This case shows that James Forsythe departed this life intestate in McNairy County, State of Tennessee some time in the month of April 1884, without issue, leaving surviving heirs only Martha Forsythe, his widow, who since intermarried with complainant George Parry. (Note: Martha Forsythe Parry died in 1892.) At the time of the death of said James Forsythe, intestate was the owner of a large personal estate which has been fully administered and left to his widow, Martha Forsythe. (Apparently, his personal wealth, which Martha Forsythe inherited was gleaned by her new husband George Parry.) However, at the time of her death, James Forsythe’s siblings and legal heirs, filed the lawsuit to obtain title to the land. The first lawsuit was filed in 1886 and the second filed in 1894, after Martha’s death. At the time of the death of said intestate, he was the owner of the following tracts of land:
1. Lying and being on the south side of Oxford’s Creek, in the sixth civil district, McNairy County, Tennessee, containing 231 acres. Land Grant from the State of Tennessee Sept 10, 1847. 2. Lying and being on the south side of Oxford Creek , joining the first tract, containing 6 ½ acres. This land was purchased from Thomas Prather on December 26, 1859 for $250.50. Deed witnessed by S. T. Brooks and M. K. Forsythe. 3. Lying and being on the south side of Oxford Creek in the sixth and thirteenth civil districts, containing 100 acres. Purchased from Augustus Browder 1876.
To the best of my ability, I have read the two cases and compiled the chart below:
. James’ siblings were:
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1. Sarah Forsythe, married James Melton, died and left:
Dicy A., married John Basham.
Nancy, married a Curry
H. M. Melton
M. A. Melton, married Mose Matlock
J. M. Melton, in all five children who are all living.
2. Robert Forsythe, now deceased, had one child
Solomon, who also died and left one child
Florence who married James McNatt.
3. John Forsythe, a brother who died and left one child
Mich, who died and left (1) John Forsythe (2) Can Forsythe
4. Elizabeth, married W. R. Wren and died and left
James H. Wren
Sam Wren
William Wren, died and left children
Elizabeth, married a Chambers
unknown daughter that married a Matlock
Sam Matlock
Saline, ______Lakey ? died and left children
Cynthia, married -------Davis
Charity, married James Vanstory, died and left children
Rachel Thompson
Cynthia Wingo
Sam Vanstory
John Vanstory
5. Hanna Forsythe, married James Boatman, died and left:
(Note: one deposition called her Sarah, but the 1850 & 1860 census says Hannah)
J. L. W. Boatman
Thomas M. Boatman
H. C. Boatman
Mary Boatman, married William Nickles
Malinda, married Ephriam Chamness or T. B. Chamness (has two different names)
Millie, married Alfred Forbes
Sarah, married Fletcher Monroe
Elizabeth, married Pink Dunaway, died and left
James E. Dunaway (minor in 1886)
W. P. Dunaway
M. L. Dunaway, married Joseph I. Sanders
M. H. Dunaway, married Wesley Wallace
M. J. Dunaway, married W. R. Manley
John T. Dunaway (minor in 1886)
Andrew J. Dunaway (minor in 1886)
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John Boatman who died and left
John H. Boatman
Joseph Boatman
Victoria Henderson
L. F. Boatman, married F. Davis
N. H. Boatman.
6. Mary who married James Lawson, died and left:
John W. Lawson (who is dead but had sold his interest to E. H. Garrett)
J. K. Polk. Lawson
T. M. Lawson
Sarah Lawson, married Isham Browder
Elvia Lawson, married Dick McCoy
Nancy Lawson, married Walter Cooper
Rachel Leath,
Jennie (minor in 1886)
Luhaney Lawson, (James) Jones, died and left
Mary J. Jones, married Dick Morris
Lenia Jones, married Joseph Fisher
Jefferson Jones
Sarah, married a Dancer and died and left
Montie A. Dancer
Mollie E. Dancer.
7. Isham G. Forsythe died a long time ago. (There were 5 children by his 1st wife)
(1) James Forsythe, the oldest, died and left:
Missouri Forsythe, married James Adams
W. S. Forsythe
Malinda Forsythe
Sarah (Sissie ?) Forsythe
Isabella Forsythe, married John Gibson
Mary Forsythe, married Thomas P. Moore
America Forsythe
Nancy J. Forsythe
F. H. Forsythe.
(2) Will Forsythe was the next oldest child. He is dead and left:
Misline Forsythe (died 1886 - 1894) married James Nickels
William Forsythe (died between 1886-1894)
Carroll Forsythe
Sissie Forsythe, married Robert Tate
Mary Ann Armstrong
Ephriam Forsythe.
(3) J. C. Forsythe. (Lived 5 miles south of James Forsythe
(4) Frances Moore, died between 1886-1894
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Albert Moore, Malissa Glass, Callie or Caroline Cottrell
Jennie Leeper, Bluford Moore, Elzetta Moore.
(5) Parthenia Gibson.
(6) Ophelia J Morris, married J. D. Morris ?
(7) Caroline Bizzell, is dead and left (not clear about the Bizzell children)
William
Jennie (Prince?)
John ???
James ????
(8) Victoria Bell, deceased and left the following minor children 1886
Jennie, Thankful, Mollie, Pearl, Ruben, & Colie Bell.
Soloman Forsythe was an older brother of said intestate, James Forsythe and is supposed to have died many years ago in the State of Kentucky. If he has any children or grand children now living they are unknown to the complainants. Thomas Forsythe was an older brother of said intestate, James Forsythe, and is supposed to have died many years ago in the State of Arkansas, and if he has any children or grand children, they are also unknown to complainants.
J. . M. Adams wrote a note on Aug 26, 1889: “Please send me my little mite of money due me.” May 28, 1894: Residents of the State of Texas: John Forsythe, A. B. Forbes and Millie Forbes, W. P. Dunaway, Joseph Fisher and Lena Fisher, Jennie Leath, Albert Moore, Melissa Glass, Caroline Moore, Jennie Moore, Bluford Moore, Elzetta Moore, Reuben Bell, J. D. Morris and Felia Morris, James Nickles Residents of the State of Mississippi: J. H. Boatman, Joseph Boatman, N. H. Boatman, Victoria Henderson, L. F. Davis Unknown residence: Fletcher Monroe and Sarah Monroe, W. R. Manely and M. J. Manely, Dick Morris and Mary J. Morris, Jeff Jones. Heirs of Misline Nickles who married James Nickles are of unknown names and unknown residences. Sept 27, 1897: Shares of this lawsuit distributed from a net worth of $197.05
| Florence McNatt | 28.15 | Mary Nickles | 3.12 |
| J. M. Melton | 5.63 | Malinda Chamness 3.12 | |
| Dicey A. Basham | 5.63 | Millie Forbes | 3.12 |
| Nancy Curry | 5.63 | Sarah Monroe | 3.12 |
| H. M. Melton | 5.63 | M. H. Wallace | .45 |
| M. A. Matlock | 5.63 | M. L. Sanders | .45 |
| Can Forsythe | 14.08 | W. P. Dunaway | .45 |
| John Forsythe | 14.07 | J. E. Dunaway | .45 |
| J. L. W. Boatman | 3.12 | J. T. Dunaway | .45 |
| T. M. Boatman | 3.12 | A. J. Dunaway | .45 |
| H. C. Boatman | 3.12 | M. J. Manley | .45 |
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| John H. Boatman | .63 | F. H. Forsythe | .39 |
| Joseph Boatman | .63 | Misline Nickels | .59 |
| L. F. Davis | .63 | Wm Forsythe heirs .59 | |
| Victoria Henderson | .63 | Carroll Forsythe | .59 |
| “Teen” Boatman | .63 | Sissie Tate | .59 |
| John W. Lawson | 3.52 | Mary Armstrong | .59 |
| J. K. P. Lawson | 3.52 | Ephriam Forsythe | .59 |
| T. M. Lawson | 3.52 | Albert Moore | .59 |
| Sarah Browder | 3.52 | Malissa Barr (Glass? .59 | |
| Elvira McCoy | 3.52 | Callie Cattrell | .59 |
| Nancy Cooper | 3.52 | Jennie Leeper | .59 |
| Rachel Leath heirs | 3.52 | Bluford Moore | .59 |
| Jeff Jones | .88 | Elzetta Moore | .59 |
| Lena Fisher | .88 | Jennie Bell | .59 |
| Mary Morris | .88 | Thankful Bell | .59 |
| Montie Dancer | .88 | Mollie Bell | .59 |
| Mollie Dancer | .88 | Pearl Bell | .59 |
| J. H. Wren | 3.52 | Reubin Bell | .59 |
| Sam D. Wren | 3.52 | Cole Bell | .59 |
Elizabeth Chambers 3.52
Cynthia Davis 3.52
Sam Matlock 3.52
Elizabeth Chambers 3.52
Cynthia Davis 3.52
Sam Matlock 3.52
Salina Lakey 3.52
William Wren heirs 3.52
Sam Vanstory .88
Rachel Thompson .88
Cynthia Wingo .88
— Vanstory .88
J. C. Forsythe 3.52
Parthenia Gibson 3.52
Ophelia Morris 3.52
Caroline Bizzel heirs 52
Missouri Adams .39
W. S. Forsythe .39
Malinda Forsythe .39
Sarah Forsythe .39
Isabella Gibson .39
Mary Moore .39
America Forsythe .39
Nancy J. Forsythe . 39
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A J MCCULLAR VS ALEXANDER MCCULLAR
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1887 # 652
Transcribed by Nancy Wardlow Kennedy
Petitioner would show that the defendant, Alexander McCullar, was one of the first settlers of Mcnairy County, State of Tennessee and had before the late civil war, accumulated a considerable amount of wealth consisting of lands, slaves money and other personal property. As a result of the war he lost the salves and a considerable amount of money and other personal property, but that he is still the owner of about 865 acres of land worth about $4,500 and a considerable amount of personal property consisting of horses, mules, cattle, hoggs, corn and fodder, farming utensils, household and kitchen furniture, government claims and other items, as well as rents to the sum of about $985.00 and probably more. He has been twice married, his first wife named Hannah, who died in1870. He married his second wife, Vinie (Louvinia Richards Ramer) about two years later. Alex McCullar is the father of six children by his first wife, who are now living: David McCullar, Wm M McCullar, Elizabeth Simmons, formerly Elizabeth McCullar, Mary J Hefley, formerly Mary J McCullar, and petitioner A J McCullar, all residents of McNairy County, Tennessee and Martha Houston, formerly Martha McCullar, who is now a resident of the State of Texas. All of whom are over 45 years of age. There were no children by his last wife. Petitioner state that the defendant Alexander McCullar is now between 90 and 100 years old. He is totally deaf and has been confined to his room and bed for many years. Petitioner also believes he has los t his mind and incapable to govern himself and has been in that condition for eight to ten years and perhaps a longer time. Petitioner believes Alexander McCullar is worth at the present time between $5,000 and $6,000. Petitioner prays for a writ of inquisition to summons a lawful jury to inquire as to the state of mind of Alexander McCullar. Dated Dec 22, 1886. The jurors appointed were: L M Lock, W H Stone, John Ray, W S Alexander, John Wolfe, R T Sweat, W P Basinger, H C Gooch, P H Thrasher, D M Baker T J Simpson and Geo R Anderson. They found that Alexander McCullar of unsound mind and totally incompetent of transacting or managing his own business. He is deaf and eye sight deficient. He owns about 865 acres worth valued about $4,500.00, a mill, gin, four head of miles, one horse 12 head of stock hogs, 50 bbl of corn, 1,000 binds of fodder and various household and kitchen furniture. He has a wife and six children. Vina his wife, age 60. David age 70, A J age 57, W W age 52, Martha Houston 62, Betsy Simmons age 65 and Mary Helfey age 48. Deposition April 9, 1887: W M McCullar, age 48, is the grandson of Alexander McCullar. States Alexander has not been in his right mind since the fall of 1884. The son W W McCullar lives with him and takes care of him. W W McCullar has lived there about five years. Alfred McCullar and Henry McCullar live about a mile or more away. The son W W McCullar
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has lived with his father all of his life, and was supposed to take care of Mr McCullar and his business. J W Durham, age 26, also states Mc McCullar’s mind went bad in the fall of 1884.
James Berryman, age 73, has known Alexander McCullar for 51 years and lived about 2 miles from him. He has been of unsound mind for about four years. A J Powell, age 58, has known Mr McCullar for about 40 years and lives about 1.5 miles from him. His son, W W McCullar, a single man has always lived with him and taken care of him. Mary J Hafley, age 49, the daughter of Alexander McCullar, says he is insane since a bout 1884. She stated her father told her ‘none of the children who had married off and he had given to, need expect mich else. That he willed the------ of land to her brother William W McCullar, he wanted the brother to live on with him and take care of him during his lifetime. Wouldn’t be nothing much to sell at his death except the two lower places and the mill tract. The stock wouldn’t amount to anything, old and worn out. He had never given her sister Betsy anything and her sister Martha in Texas he had given some and when the land was sold he wanted them brought up with the rest. She says W W McCullar has been appointed guardian. Alfred McCullar, age 47, a grandson, has known Alexander McCullar about 35 years. He thinks Mr McCullar is between 90 and 93 years old and has been deaf ever since he (Alfred) has known him and deficient in sight about 10 years. His mind is very bad. It has been several years since he transacted any business. Henry McCullar, age 46, grandson, has known Alexander McCullar since he could recollect anything. He has not transacted any business for about four years. J T McCullar, age 35, grandson, has known Alexander McCullar all his life. J W Durham, age 26, has known Alexander McCullar about 10 years. He lives about 1.5 miles away. Dr W Edwin Atkins, age 35. Has known Alexander McCullar about 11 years. Dr Atkins has practicing medicine in Falcon for 10 years and is Alexander McCullar’s doctor and he is wholly incompentant. W W McCullar was appointed guardian of Alexander McCullar at the April term of court in 1887, provided W W McCullar provide bond within 30 days. Alexander McCullar had been unsound of unsound mind. Alexander McCullar lived near Falcon. Inventory June 15, 1887 one sorrel horse mule about 22 years old one sorrel horse mule about 18 years old one gray horse mule about 9 years old one white mule about 3 years old 2 steers, one red, one white about 2 years old. One reaper Farming tools of plows and harrows. 2 beds, one old wagon 12 barrels of corn
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1,000 bundles of fodder
one note on C Shull $700.00
Alexander McCullar had died before Dec 23, 1889.
Mary Jane Helfey may be deceased before Oct 20, 1887 as Laura M Hefley, minor heir is
mentioned.
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R P NEELY VS H C MOORE ETALS
McNairy County, Tennessee, Chancery Court
July 27, 1887 # 669
Transcribed by Nancy Wardlow Kennedy
This was a very difficult case to read, I read it twice. Case not necessarily listed in chronological order, but as it was found in the file. R P Neely, of Bolivar, Hardeman County, Tennesee VS H C Moore, A M Moore, Arilla Murray and her husband Dick Murray, Mollie McCullar and her husband S B McCullar, Rebecca Dick and her husband T J Dick all residents of Mcnairy County, Tennessee, except S B McCullar and his wife Mollie who are residents of the State of Mississippi and Rebecca Dick and T J Dick, her husband, the heirs at law of Laney Moore, dec’d late of McNairy Co, Tenn. H C Moore and A M Moore being sons of George M Moore, who was the only son of Laney Moore; Mollie MCCcullar, and Arilla Murray being the daughters of Geo M Moore, son of Laney Moore. Said George M Moore being long since dead. Laney Moore died in 1859 leaving George M Moore his only heir and the above named are the only heirs of Geo M Moore, who died in 1886.
(NK note here: The above two paragraphs is the statement of the complainant, who did not know the family pedigree. I have listed the true information concerning the pedigree later in this document when the defendants state their cause. Incorrect information:1. George M Moore ‘being long since dead,’ this case was filed in July 1887 and G M Moore died in 1886. 2. ‘Leaving George M Moore, his only heir,’ Laney Moore had two children, George and Elizabeth. 3. Rebecca Dick and husband listed as heirs of G M Moore.' Rebecca was not a descendant of George, but a descendant of his sister Elizabeth. Laney had given the property rights only to his son, George M, so the children of the daughter, Elizabeth, should not be in this lawsuit.
Complainants state on May 21, 1857, Laney Moore sold and conveyed to R P Neely, Jno R Fentress and A F Robertson, 3/4 interest to a tract of land containing 333 acres in McNairy County, Tenn. On May 22, 1857, said Laney Moore, S T Robertson, Jno R Fentress and R P
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Neely purchased of Edward – a tract of 231 acres adjoining the first tract. Total 564 acres. Each owning 1/4 interest. Recorded in Book F, page 461-462. Robertson and Fentress died many years and ago and their portion was sold by a decree of the Court of Hardeman County to Martha Neilson who sold the property to R P Neely on April 8, 1880 for $200. (NK note: Laney Moore sold Robertson, Fentress and Neely 1/4 interest in 333 acres for $250 each. Didn’t find the price of the 231 acres. Neely purchased the shares of Robertson and Fentress for $200 each. Big loss.) Laney Moore’s heir own just 1/4 of the two joint tracts. Neilson, Robertson and Frentress lived in Hardeman County, Tenn. The land is located near the center of McNairy county and near the Mobile & Ohio Raid and also near Bethel Spring Station and very valuable for the fine timbers. Complainant states H C Moore and A M Moore have been systematically for years selling timber off said land and not dividing the profits. The Moore heirs are only due 1/4 of the money received. The deed dated says Laney Moore sold to A T Robertson, John R Fentress and R P Neely 3/4 interest for $750 for 333 acres land in McNairy County. Range 3, section 3, granted by entry no 1775 to Hezekiah Sweat and deeded to Laney Moore by WM S Wisdom. Depositions, August 21, 1888: G D Smallwood, age 34: Many years ago, 17 or 18 years ago, he purchased and cut timber from H C and A M Moore. About $10 from their father and $23 from them. He also traded 15,000 shingles for timber one time but Ike McCullar claimed they belonged to him. McCullar and Moore divided them. The shingles were on McCuller’s land. Smallwood said he was indicted and convicted for cutting timber and had to pay about $72.00. G D Smallwood could sign his name. Kinney Sweat, age 33: Sweat stated he and his brother Bob helped their father cut timber on the land and they paid Clay Moore (H C Moore). Kinney Sweat’s father is dead. They got 6,000 two foot boards on the land and about 3,000 shingles as well. Mr Sweat paid 70 per thousand for the boards. The boards were sold to Mr Epps at Bethel. The singles were for Dr Hudson at Bethel. They did not pay H C Moore of A M Moore for the timber. Signed W M Sweat. W D Murray age 54: Cut timber off the land per permission of A M Moore. 2700 shingles. R L Smallwood, age 28 : Said he paid Clay Moore $5 in 1882 and paid Andy $4.00 in 1884. R L Smallwood could not sign his name. Henry Lumpkins, age 34: Cut very little and paid very little. He paid Andy Moore $4 and does not remember paying H Clay Moore any money. He and Richard Smallwood made some boards once for Zib Chambers. Once he worked for Brad Roberson who cut some timber. Also mention is Weet Smallwood, and Jim McNatt. Lumpkins’ land adjoins the Moore tract. Henry Lumpkins could sign his name. R K Hendrix age 67: Some of his hired help got over the line onto the Moore tract and he paid $25 . He paid Andy Moore $2 one time. R K Hendrix could sign his name.
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A T Murray, age 41: Says he has never paid for any timber. Sometimes people would just cut timber off the land without permission - they did to his land. One time he helped G M Moore cut timber to make shingles for his house. The G M Moore home house was about 3 miles from the land. Dick Murray helped A T make the shingles. About 12,000. About 10 years ago. A T Murray’s land adjoins the Moore tact. Elbert Houston age 42: He only got a couple of trees off the land last year. He paid $4.50 and owes $4.50. E E Houston could sign his name. James Kerby age 44 : J L Epps and James Kerby had used about 8,000 shingles at .50 per thousand. Kirby hasn’t paid anybody and he didn’t know if Epps had paid or not. Epps got permission from Andy Moore. James Kerby could sign his name. H C Murray age 44: G M Moore looked after the land in his life time and he reckons Clay and Andy now look after it to keep people from cutting timber off it. Worth $10 to $12 to oversee. H C Murray could sign his name. R C Murray: Clay Moore is the defendant H C Moore. If somebody hadn’t been looking after the land, all the timber would have been cut without permission. R C Murray is the son-in- law of G M Moore. E C Murray could sign his name. He has made about six hundred boards off the land, worth about 15 cents per hundred foot, by permission of G M Moore. H B Roberson states he paid about $9 for timber off the land, maybe 1885. He could sign his name. M L Roberson: A bout 1886 he paid $5 for boards. He could sign his name. William Sweat states a Bob Nixon cultivated some of the land in 1861 or 62 - only one year, a small crop. Box Nixon is now dead. In 1869 William Sweat paid $25 to G M Moore for timber. He cut the trees for cross ties but the railroad refused to take them because they were worm eaten and rotten. About 300-400 cross ties. Isaiah Sweat the father of Kenney Sweat is dead. W M Sweat could sign his name. Scott Nixon: States he is the son of Robert Nixon. He was 38 years old last June. They lived on the land at one time and cultivated the land. They lived on the Owens land on the east side of the creek. And they also lived on the Sweat land and cultivated it, this was during the war. About one or two years. He was very small when they lived on the land . It was a state of war at that time; the soldiers of both armies being scattered through the county, more or less, at different times. They were living on the Sweat place at the time of the Battle of Shiloh. Scott Nixon could not write his name. Oct 17, 1888 William Nixon, age 40: son of Robt Nixon. Lived one year on each tract and made a small crop during the war. Wm Nixon could sign his name. Defendants Statement: H C Moore, the defendant, the son of G M Moore. G M Moore walked the land and showed H C Moore where the lines were. John Epps was deputy surveyor. 565 acres in two tracts - known as the Sweat and Owens tracts. He stated R P Neely never looked after the land. G M Moore family has paid the taxes every year since 1859-1876. Neely never repaid to the Moore family his part of the taxes. In 187- they had the land assessed separately, Neely was to be taxed on his own. H C Moore purchased his father’s interest in the land in 1870 and he stated then he paid the taxes from 1870 to 1883 when he re-conveyed the land back to his father G M Moore.
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G M Moore was 66 years old when he died, he was born in 1820. He stayed in the 7th district 1865-1870 but his home was in the Second District. H C Moore could sign his name. The Defendants state Laney Moore died and left surviving him two heirs: George M Moore, the ancestor of the defendants, and Elizabeth Moore Tatum. (Elizabeth Moore Tatum died in 1860.) The Laney Moore 1/4 interest part of the land was left to his son G M Moore at his death. G M Moore conveyed the land to A M Moore Dec 14, 1870 and he took responsibility of taking care of the land. Aug 14, 1883 A M Moore conveyed the land back to his father G W Moore. G M Moore died intestate in McNairy County, October 1886, surviving him: H C Moore, A M Moore, Mollie McCullar and Arilla Murray. Rebecca Dick is a daughter of Elizabeth Tatum. Rebecca Dick has no interest in the said land and should not be a party to this lawsuit. (Note: Elizabeth Tatum was the daughter of Laney Moore, she died in 1860, leaving two children, Roxanna and Rebecca. Roxanna Morton died in 1865 and is buried in Buena Vista Cemetery. Rebecca moved out of McNairy County.) R P Neeley , Oct 5, 1888, age 79, states they purchased the tract of land in 1856 or 1857 when he was building the Central railroad and Judge Brown was building the Mobile & Ohio railroad. They bought it with a view of getting the county seat of McNairy County moved and located on it. The tract of land was located about in the center of the county, this was before Chester County pulled off McNairy and formed a new county. Neely was taken into the company for the purpose of getting his influence with Judge Brown who was building the M & O Railroad to locate a depot upon the land. Neely employed engineers to lay off the town. He intended for the engineers to cut the timber to supply for track for the railroad. (Not too clear.) (There were two railroads being built, the G & O and the Central near Bolivar.) One engineer cut timber and put on the Central RR near Bolivar but it was destroyed in the war. He hired an engineer for $240, to lay off lots for a town. They were to petition the G & M office in Jackson to put a depot and then try to moved the county seat but the war ‘came up’ and stopped everything. He also paid traveling expense and hotel bills to oversee the laying off of the town and going to Jackson. He was not reimbursed for any of his expenditures. At the time of purchase, Moore lived near the land and the others lived in Hardeman County. The Moore’s lost it all. A committee was appointed to survey and divide the land between Neely and Moore: R F Beard, surveyor, John Maxedon, William Pigott, R J Hendrix, Andrew Beard. They divided 358 acres to Neely and H C Moore, eta, 206 acres. On Sept 24, 1888. Sheriff’s sale was called to be held on October 7, 1889, of what is known as the Moore and Neely land containing 206 acres lying on the waters of Cypress Creek in the 19th civil district. Bounded on the north by Catherine Murray and R R Hendrix. On the south by J W Purviance on the east by H C Murray and W D Jopling and on the west by the lands of R P Neely. To recover the court cost against H C Moore, etal for the sum of $98.20 in favor of R P Neely.
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STATE OF TENNESSEE VS JACK FARRIS, ET ALS
McNairy County, Tennessee, Chancery Court
March 24, 1888 - 684
Transcribed by Nancy Wardlow Kennedy
State vs Jack Farris and wife Caldonia; Tom Nichols and wife Victoria; Randolph Hopkins,
Pleasant Hopkins, all resident of McNairy County, Tenn; also Joe Reed and wife Sarah; Asa
Hopkins, all resident of Texas.
This lawsuit was about the 70 acres they inherited when William P and Margaret Hopkins died. It was bound on the north by W M Lockman, on the south byDamerson, on the east by Lockman and on the west by Singleton.
There was $1.80 tax due in 1887.
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STATE OF TENNESSEE VS W P DUNAWAY
McNairy County, Tennessee, Chancery Court,
Tax Bill, 1887 - 728
transcribed by Nancy Kennedy
W P Dunaway not found in this county and notice to be published in the Falcon Advocate, for summons to court for back taxes, on a lot in the town of Bethel Springs for .91 cents. Case retired from docket..
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JOHN C FARRIS vs W W HARRIS
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1889 NO 768
Margaret Elam Hopkins Estate
Transcribed by Nancy Wardlow Kennedy
This lawsuit It gave the date of Margaret's Elam Hopkins’ death, July 3m 1876, and the
birth of a son, Asa.
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The lawsuit was all the children, except Sarah and Asa, against W . W. Harris. W. W. Harris was married to Margaret's sister. He and his wife took care of the three boys after their mother's death. The case alleges that he took advantage of the situation and disposed of Margaret's property and worked the boys. W. W. Harris claimed Margaret made a deathbed wish that he and his wife would take the children if their older sister did not marry. He stated the older sister, Victoria, did marry but her husband, Tom Nickles did not want to take the children - so they came to live with him. Sara h lived with her sister Caldonia most of the time. (Caldonia was the child of Margaret's first marriage to David Wardlow.) Margaret's estate was minimal. She owned 25 acres of land with about 7-8 acres cultivated. At the time of her death she had a few household furnishings, 7 head of geese, 20 barrels of corn, 20 gallons molasses, 2 wash pots , 2 hoes, plow tools and steel balances, one mare and hog s worth about $30.00. Her total estate was less than $500, depending on who appraised it. Margaret Hopkins, W. W. Harris and James Wardlow all lived in t he New Hope or Caffey community. It may nt have been called New Hope a t that time.
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DAVID NORTH VS MARY NORTH
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1889 - No 817
Transcribed by Nancy Wardlow Kennedy
David North states that he and Mary North were married Dec 1, 1887 in McNairy County
and lived together as man and wife until about October 1888, when Mary willfully and
voluntarily abandoned him and carried all her effects.
North also states in November 188, Mary committed adultery with one Henry S Wardlow
and at various other times after she left him.
Henry S Wardlow was summoned to court to testify on Oct 22, 1889, however, the
testimony is not included in the file.
David North issued a decree to miss the lawsuit on October 25, 1889 and dropped charges
of adultery.
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JAMES C GILCHRIST VS MRS M M PETTIGREW
McNairy County, Tennessee Chancery Court
# 821 - October 21, 1889
Transcribed by Nancy Wardlow Kennedy
Your petitioner James C Gilchrist would most respectfully represent and show to your honor that C Gilchrist died in McNairy County, State of Tennessee, some time in the year 1868 after making and publishing his last will and testament, leaving: Mary Caroline Gilchrist, his widow and sole executrix who is still living, your petitioner James C Gilchrist, John Gilchrist, Robert C Gilchrist, William Gilchrist, Archable Gilchrist, Nancy K Cook, formerly Nancy K Gilchrist, L J Pettigrew, formerly L J Gilchrist, Elizabeth Gilchrist, Frances Gilchrist; sons and daughters and Mary C Gilchrist his said widow as his sole legatees of his said estate. On the 11th day of November 1878, the said Robert C Gilchrist married a Miss M M McKinze and that some time about the year 1882 or 1883, said R C Gilchrist died intestate in said county, leaving surviving him the said M M Gilchrist as his widow and two children as the result of said marriage. On the 20th day of December 1879, the said Francis Gilchrist intermarried with one Thomas L Pettigrew and sometime about the year 1882 the said Francis Pettigrew died intestate in said county leaving surviving him the said T L Pettigrew, her said husband and one boy child named William E Pettigrew as the results of her said marriage. On the 4th day of June 1885, the said T L Pettigrew, widower aforesaid and the said M M Gilchrist, widow as aforesaid, intermarried with each other and that some time in the year 1889 T L Pettigrew died intestate in said county leaving surviving him said M M Pettigrew as his widow, and her two children by the said Robert C Gilchrist, deceased her former husbands, and the said William E Pettigrew his only child by his first wife the said Francis Pettigrew and two children as the result of his last marriage, his only heirs. William E Pettigrew is a minor and now about eight years old and has an estate consisting of real and personal property amounting to about one thousand dollars left to him by his mother the said Francis Pettigrew, deceased and one of the legatees of the estate of her father the said C Gilchrist, deceased. James C Gilchrist was appointed guardian for William E Pettigrew September, 1889.As guardian he is legally entitled to the custody and control of the person and property of said William E Pettigrew. James C Gilchrist states that M M Pettigrew, step-mother and aunt of William E Pettigrew, wrongfully and illegally withholds the custody and control of William E Pettigrew and positively refuses to deliver him up to petitioner although she has often been requested to do so. Petitioner also states that M M Pettigrew is in no wise related except as step-
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mother and who has two other sets of children, both her own by two different husbands to care for and look after. Frances Gilchrist Pettigrew requested at the time of her death that her brother, James C Gilchrist, to take charge of her son William E Pettigrew and raise him for her. James C Gilchrist took him to his house and kept him until he was about four years old , when his father T L Pettigrew married Mrs M M Gilchrist, the widow of Robert C Gilchrist. At which time William’s father took him to his home to live. William lived with his father until his father’s death in 1889. At T L Pettigrew’s death he requested his wife M M Pettigrew to keep William with her and raise all the children up together, which she agreed to do. In this case James C Gilchrist states that M M Pettigrew is a good woman but the child would be better off with him. It is unknown the outcome of this case.
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E F HENDRIX VS W P DUNAWAY
McNairy County, Tennessee, Chancery Court,
1890 - 826
Transcribed by Nancy Wardlow Kennedy
Indebtedness
E F Hendrix, a resident of McNairy County VS W P Dunaway, resident of Texas and Duke Hendrix, Avla ? Hendrix, Henry ? Hendrix, all minors living in McNairy County, Tenn with L A Lockman, Guardian E F Hendrix states that W P Dunaway executed to H M Hendrix and E F Hendrix a deed to a certain real estate in McNairy County, to secure a debt to the then Hendrix Brothers Merchants in Bethel Springs, which amounted to $228.75. Dunaway executed a note on Jan 11, 1887 for $203.75. Dunaway has failed to paid the money owed and has moved to Texas. H M Hendrix died the 29th day of July 1887 and he left surviving him Duke Hendrix, Avla Hendrix, his heirs, and after his death Henry was born and they are all minors. L A Lockman was appointed guardian of the minor children. The land, 117 acres is located in the first district and bounded by J L Rosson, Nicolas Gillentine, being a part of entry no 18256 in the name of B B Adams. One tract of land in the second district, Deed signed Dec 2, 1886. 24.5 acres and the homestead. Wesley Wallace was to buy part of the second tract. J M Lacefield purchased the land. He may have married the widow of H M Hendrix. Her name was Laura and her father was L A Lockman.
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W H WEEKS VS F N ONEAL
McNairy County Chancery Court #840
Estate Settlement, year 1890
Transcribed by Nancy Wardlow Kennedy
Hardin Oneal died intestate in McNairy County, State of Tennessee, come time about the month of September 1890 leaving surviving him Betsy Oneal, his widow, who was his third wife; F M Oneal, J P H Oneal, Jorden Oneal, Jno F O’Neal, R W Oneal, B T Oneal, Annie Lott formerly Annie Oneal and her husband John R Lott, all of whom are adults; and seven children of by his first wife and W H Weeks, Lessy A Ellis, formerly Lessy A Weeks and her husband J R Ellis and Charles B Weeks the three children of Margana Weeks, formerly Margana Oneal who was also one of the children of said intestate Harden Oneal by his first wife and therefore his grandchildren; Ana Jennie Moore formerly Jennie Jamison and her husband A L Moore and Sarah C Spencer formerly Sarah C Jamison and her husband J P J Spencer, the two children of Betsy Jane Jamison formerly Betsy Jane Oneal who was also one of the children of said intestate Hardin Oneal and therefore his grandchildren. Harden Oneal, at the time of his death was the owner of a small tract of land which – to the benefit of his said widow as a homestead and a considerable amount of personal property, consisting of money, notes, corn, fodder, some hogs, cattle, farming tools, one buggy, one half interest in a grist mill and one cotton gin as well as some household and kitchen furniture amounting in the agregate to about $4,500.
Jas P Oneal and Jno F Oneal appointed administrators of estate.
Estate divided:
F M Oneal 1/9
J O H Oneal 1/9
Jorden Oneal 1/9
Jno F Oneal 1/9
R W Oneal 1/9
B T Oneal 1/9
John R & Annie Lott 1/9
Heirs of Margana Weeks 1/9
Heirs of Betsy Jane Jamison 1/9
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SAMUEL E COOKSIE VS SARAH COOKSIE
McNairy County Chancery Court # 855
Divorce - Filed July 4, 1891
Transcribed by Nancy Wardlow Kennedy
Complainant state he and defendant Sarah Cooksie were married in McNairy County, Tenn about the 23th day of Nov 1882 and lived in said county as man and wife for about 1 year after they were so married when defendant Sarah Cooksie committed adultery with one Wick hockaday near the spring from which complainant and defendant were using water near their home in the fall of 1883. Also complainant state Sarah Cooksie committed adultery with one Noah Cates in open lewdness and abandoned her baby when it was only about 3 or 4 months old and left McNairy County and went to the State of Mississippi where she lived with said Noah Cates. The said defendant was delivered of a child, born unto her about 18 to 24 months after defendant and complainant separated and he has not had any relationships with defendant. Petitioner also states that he and defendant are both residents of this county and have been for more than two years.
Deposition of Thomas Wigginton, On Oct 10, 1891, age 40 years old: Thomas lived about a quarter of a mile from Samuel and Sarah Cooksie in 1882. He carried Sarah Cooksie to the railroad when she was leaving the county about Christmas time about a year after Samuel and Sarah Cooksie had separated. A man by the name of Noah Cates was with her they were going to Tupelo, Miss. To get married. She came back to McNairy County about the first Monday in March. Thomas Wigginton helped carry her home. She was gone 4 or 5 months. She gave birth to a child after she got back but Wigginton did not know how long after she returned. He did not know the father of the child. General talk of the community was the child belong to Noah Cates, the man she left with. She is said to be with child again. Thomas could not sign his name.
Samuel E Cooksie, deposition on Sept 21, 1891. He is 26 years old. Samuel stated he lived with his wife about a year. Clark Keenan had seen the relationship between Wick Hockaday and Sarah Cooksie. Samuel Cooksie was at Purdy on that day. Samuel and Sarah were living on Wick Hockaday’s place at the time. Samuel stated when he got home from Purdy and was told the new he told his wife he was not going to live that way and she didn’t say a word. He left as soon as he could gather up his clothes and he never had relationships again with her. He went to Rienza, Miss just after Christmas. They had never had any trouble before this. Ask if he had ever been guilty of adultery since he heard of his wife’s affair, he said no. At the time of the deposition he is living on the head of Owl Creek. She had a child a few weeks old when she left - it does not state if she carried the child with her or what happened to it. She had another child about 2 years after they separated. It is about five years old. Samuel E Cooksie could not write his name.
Deposition of Nellie E Cooksie, age 59 years old, Sept 21, 1891: she is the mother of Samuel E Cooksie. They were all living together on Wick Hockaday’s place when Samuel left his wife. Nellie states she saw Sarah recently and she is in a pregnant state. It is common knowledge in the community. Apparently Sarah left her baby when her mother because Nellie states it was
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screaming after it’s mother. Nellie states the child Sarah had after she returned from Miss looked like Noah Cates, as both are light headed and coss-eyed. Nellie states Sarah told her the child was a Cates.
Sarah Keenan, age 28, give deposition on Sept 21, 1891. She is the widow of Clark Keenan who saw the affair between Sarah Cooksie and Wick Hockaday.
Decree for divorce was entered October 20, 1891.
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JOHN RICHARDS, ETAL VS JOHN M HAMM & J W SMITH
McNairy County, Tennessee, Chancery Court
1891 * 860
Compiled by Nancy Wardlow Kennedy
See also Chancery Court Case 198
My notes at random:
William Richards died in McNairy County, State of Tennessee, in the year 1861, without children. He nominated John M Hamm, executor of his estate which consisted of a large amount of real and personal property. Complainants state that the will and records of the probate thereof, and inventory of personal property of said estate were destroyed by fire or otherwise during the late Civil War and that about the 1st day of March 1869, defendant John M Hamm, executor filed his original bill in Chancery Court against Levina Richards, who was the wife and relect of said testate and J L Richards, J D Richards, John Richard, T A Richards, Catherine Carter, Sousanna Richards, Sibba Catha, Elizabeth Reding who were brothers and sisters of said William Richards, deceased and John Carter, Hased Richards and John Reding who were the surviving husbands of some of the said sisters. Apparently the complainants claim John M Hamm sold the land to A W Smith for $800 on Dec 6, 1890, after Levinia’s death, but he had settled the case in 1869. That he had collected other monies without turning over the money to Levinia, the widow of William Richards. She later married a McCullar. Levinia died Feb 17, 1890. William Richards’ will, date 1851, left the Negro woman named Hettie, his real estate consisting of 450 acres and personal property to his wife Levinia Richards, and at her death, all property to be sold to the highest bidder with a twelve month note, and the proceeds to go the Presbytery of which he was a member. (Lawsuit does not show the Presbytery getting any money.) The 1860 census records of McNairy county show William was a Cumberland Presbyterian Minister. The 1850 census shows he was minister and school teacher. In 1860 census, Levinia still lists her name as Levinia Ramer. William and Levinia did not have any children.
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William purchased more land from his father-in-law, John Ramer, at Ramer by the railroad after he signed the will and before his death. William Ramer says his relation to William Richard, “he married my sister.” States she also had a brother Dr Roark Ramer and father was John Ramer. L H Springer’s relation to John ramer, “He is my wife’s grandfather.” Apparently some of this case is missing because it is confusing because he states William had eight siblings that had children, yet only seven is mentioned. J D Richards is always mentioned in the eight listed, but it says he died without issue. This case dragged on until about 1901 at which time only John Richards was the only living sibling or William Richards. Levinia married W W McCullar and moved from her old homestead near Ramer Station to McCullar’s house. She did not have any children with McCullar. Lee Richards, possibly the son of Hettie, was a slave of William Richards, and stayed on Levinia Richards after the war and tilled the land. In 1891, he still called William and Levinia, the Old Master and Old Mistress. He was seven years old when William died. Lee later purchased the land . William Richards lived a mile and half west of Ramer and east of Cypress Creek. The land was east of Reed’s Mill. The court declared the sale of the land in this controversy by defendant John M Hamm to defendant a. W. Smith null and void, Oct 14, 1892. Apparently it took several years to disburse the funds. From a document presented at the October 1897 term of McNairy County Court: “ The Clerk and Master reports that William Richards, (from the sale of whose property the fund now in the his Court arose) had twelve brothers and sisters, and that four of them have died without issue, leaving eight brothers and sisters who are entitled to a one-eight interest each of said fund. He further finds from the proof, that seven of the eight brothers and sisters who are entitled to said fund, are dead, and that they all left children surviving them. The names of said brothers and sisters who have died are as follows: Elizabeth Richards, who married John Redding; Sevilla Richards, who married Lark Caffey; Annie who married Hose Richards; Susan Richards who married J C Richards; J L Richards; T A Richards; The complainant, John Richards, who is entitled to a one-eighth interest in said fund is the only one of the brothers and sisters of said William Richards now living and he resides in McNairy County.” Another documents says at the time of his death, he heaves his widow Levinia and James L Richards of Texas, J D Richards of Haywood County, Tenn (elsewhere it states J D died without issue but he is on the list) John Richards, T A Richards, Catherine Carter, Hased Richards and wife Sousanna Richards, Sibba Caffe, John Redding and wife Elizabeth of Texas. Another list, June 1898 mentions John Richards, age 77 of the 4th civil district the only one living, Elizabeth who married John Redding, Sevella Richards who married Lark Caffey, Anna who married Hose Richards, Susan Richards who married J C Richards, J L Richards, T L Richards, W W Richards. So from all these list I have gleaned eight sibling who had children to inherit this estate: 1. John still living in 1897 2. Elizabeth who married John Redding, moved to Texas, deceased by 1897.
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3. Sevella or Sibba, married Lark Caffey (Cathey) moved to Texas, deceased by 1897.
4. Anne or Anna, married Hose or Hased (H C) Richards, moved to Dyer co, TN deceased
by 1897
5. Susan or Sousanna who married J C Richards, deceased by 1897
6. Catherine Richards Thompson Stoker Carter, died between 1891-1898
7. James L Richards, Cherokee Co, Texas, deceased by 1897
8. Thomas A Richards, Hill Co, Texas, deceased by 1897
Family connections from this lawsuit. There may be other children, these were the only
ones listed.
1. John still living in 1897. Since he is living his children is not named. 2. Elizabeth, married John Redding, moved to Texas, deceased by 1897. No other info. 3. Sevella or Sibba, married Lark Caffey (Cathey) moved to Texas, deceased by 1897. 1. Richard Cathy died in Hill Co Texas, left a widow, C J Cathy, who remarried to a Fleming, and two children Laney and Ida 2. John Cathy died in Hill Co Texas, two daughters Harriett Mayfield, wife of Wm Mayfield and Molly Cauble wife of George Cauble of Howard Co, Texas 3. Thomas Cathy lives in Hill County, Texas 4. Annie Catherine Cathy Messer wife of W B Messer (Waco Texas) 5. Mary Cathy Casteel wife of Henry Castell, (Arkansas) 6. Nancy Jane Cathy Jones This lawsuit fails to mention that Sevella Richards Cathey had six children. Nancy Jane Cathey Jones stayed behind or died before her parents moved to Texas. The typed deposition was from a son in Texas, said she had five children and included only the sons with Mary and Annie Catherine written in by hand. However the next two are daughters of Nancy Jane Cathey Jones, and grandchildren of Sevella Richards Cathey. There are more according to the census records but apparently they did not live in McNairy County or did not come forth and declare their rights. Nancy Adaline Jones, married Rickman says she is a granddaughter of Sevilla Richards Sarah Ann Holmes, wife of N N Holmes say she is a granddaughter of Seville Richards. 4. Anne or Anna, married Hose or Hased Richards, moved to Dyer co, TN deceased by 1897 5. Susan or Sousanna who married J C Richards, deceased by 1897. Children: 1. Julia Ann Floyd lives in McNairy County 2. S M Richards lives in McNairy County 3. W W Richards lives in McNairy County 4. J F Richards lives in Obion Co, Tenn 5. Thomas Richards lives in McNairy County 6. Martha Jane (or Nancy Jane) married Wm McDaniel she died and left one child, Amanda Jane of Weakley Co, TN 7. Caldonia who married John Bell She died and left two children: Robert and Mattie Bell who married John Mulder 8. Mary Frances who married Job Bell
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died and left Frank Bell and Minnie Bell, both in McNairy Co,
Becky who died and left one child Lula Curtis
9. Mary Elizabeth who married Christopher Blakely
died and left 1 child Jim Blakely
6. Catherine Richards (Thomspon, Stoker) Carter, died between 1891-1898
June 27, 1901: Children of Catherine Richards
1. James H Thompson a son of Catherine Richards (dec’d) who married Jason H
Thompson. James Thompson is entitled to 1/3 of 1/8 of Catherine’s share.
2. Mary Malvina Elizabeth Thompson who married John Armstrong, dec’d.
1. Mary Ann Armstrong who married R L Leonard is a daughter of Mary Melvina
Elizabeth Thompson Armstrong, and entitled to ½ of 1/3 of 1/8.
2. Sarah Shields, formerly Sarah Armstrong, daughter of Mary Melvina Elizabeth
Thompson Armstrong, married to T M Shields is entitled to ½ of 1/3 of 1/8
3. Amanda Ann Stoker who married R. A. Pace and is entitled to 1/3 of 1/8
7. James L Richards, Cherokee Co, Texas, deceased by 1897 No Information.
8. Thomas A Richards, Hill Co, Texas, deceased by 1897. His children are
1. J J Richards of Hill County, Texas
2. W H Richards, Elrath Co, TX
3. S P Richards, Elrath Co, TX
4. J S Richards, Elrath Co, TX
5. L B Richards, Elrath Co, TX
6. R C Richards, Elrath Co, TX
7. Mary Richards wife of J W Cosby.
My thoughts: Such a waste of time to make a will. William Richard plainly states after his wife's death the proceeds from his estate goes to the Presbytery of which he is a member. No money whatsoever was to go to his siblings or their families. Apparently his wishes were not followed. As for the Presbytery, William was a Cumberland Presbyterian Minister, so I am not sure if he meant the local church that he attended or pastored, or if he meant the Madison Presbytery that was over the local churches in McNairy and surrounding counties. I tend to think he meant the local church. The will of William Richards: “I William Richards do Make and publish this my last will and testament hereby revoking and making void all other wills by me at anytime made. First: I direct that my funeral expenses and all other debts be paid as soon as possible out of any moneys that I may die possessed of or may first come into the hands of my executor. Secondly: I give and bequeath to my beloved wife Levina Richards all the balance of my personal property after the above named debts and expenses are paid to be hers during her natural life time and no longer. I also give and bequeath to my beloved wife Levina Richards my Negro woman named Hettie and four hundred and fifty acres of land, be it more or less which is all the land I won to be hers during her natural life and no longer and after her deceased the personal property together with the Negro, the four and fifty acres of land to be sold to the highest bidder on twelve months credit and the proceeds thereof to belong to the Presbytery of which I am a
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member, to be lent out at a lawful interest and the interest to go for missionary purposes as the Presbytery may think best. Lastly: I do hereby nominate and appoint m worthy friend, John M Ham, my executor. In witness hereof, I do to this my will set my hand and seal this 3rd day of November AD 1851. William X Richards.” All these statements need to be read, although they are repetitious. No 8 and 9 are concerning the granddaughters of Sevilla Richards. All the rest are the children or grandchildren of Catherine Richards Thompson Stokes Carter. No 1 states that Catherine Thompson left surviving her are two other children besides James Thompson: Mary M. E. Thompson Armstrong and Amanda Stoker Pace. I think this is a statement is misconstrued. (It should say Catherine had three children: Jason H Thompson, Mary Malvina Elizbeth Thompson who married John Armstrong and Amanda Stoker who married — Pace. ) Catherine outlived her daughter Mary M Armstrong, unless she abandoned her young family and went elsewhere. The last time she is found is in 1860 in Arkansas with her husband, John, and two young children. In 1870, her two children are living with John in McNairy County. 1. State of Tennessee, McNairy County Personally appeared before the undersigned official, James H Thompson, who being duly sworn on oath says that he is a son (of) Catherine Richards, dec'd, who married one Jason H Thompson and as such is entitled to a one third interest in the part of the fund due said Catherine Richards as an heir of the estate of Wm Richards being a fund arising from sale of the lands of the estate of said Wm Richards in the cause of Jno Richards et al vs Jno M Hamm et al no 860 in the Chancery Court of McNairy County. Affiant further states that said Catherine Thompson left surviving her two other children besides himself towit: Mary Malvina Elizabeth Thompson who married John Armstrong, and Amanda Ann Stoker who married one - Pace, and that these are the only heirs of said Catherine Thompson. Signed James H Thompson. Sworn to and subscribed before me June 27, 1901. Albert Gillespie, C&M 2. State of Tennessee, McNairy County: Personally appeared before the undersigned official, James H Thompson and J T Houston, who being duly sworn on oath say that they are personally acquainted with Mary Ann Armstrong, who married R L Leonard and that she is a daughter of Mary Melvina Elizabeth Armstrong, who was a niece of Wm Richards, dec’d, and as such heir is entitled to ½ of 1/3 of 1/8 of the funds arising from the sale of lands in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. Signed James H Thompson, J T Houston. Sworn and subscribed before me, June 27, 1901, Albert Gillespie C & M. 3. State of Tennessee, McNairy County: Personally appeared before the undersigned official, T M Shields who being duly sworn on oath says that he is the husband of Sarah Shields, formerly, Sarah Armstrong, who is a grand daughter of Catherine Richards, deceased, and said Sarah Shields, is entitled as one of the one of the heirs of said Catherine Richards ½ of 1/3 of 1/8 of the funds arising from the sale of lands in the estate of Wm Richards, in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. Signed T. M. Shields. Sworn and subscribed before me, Aug 3, 1901, Albert Gillespie C & M. 5. State of Tennessee, McNairy County:
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Personally appeared before the undersigned official, R L Leonard, who being duly sworn, says that he is personally acquainted with T M Shields and wife Sarah Shields and that the said Sarah Shields is one of the heirs and distributees of Catherine Richards, dec’d, and as such heir is entitled to 1/3 of the 1/8 interest of said Catherine Richards in the funds arising from the sale of lands in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. Signed R L Leonard. Sworn and subscribed before me, Aug 3 1901, Albert Gillespie C & M. 5. State of Tennessee, McNairy County: Personally appeared before the undersigned official, R A Pace, who being duly sworn on oath says that he is the husband of Amanda Ann Stoker, who was a daughter of Catherine Richards who was a sister of Wm Richards and that his wife is one of the three heirs of said Catherine Richards, and as such is entitled to a 13 interest in her mother’s 1/8 interest in the funds arising from the sale of lands in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. The said interest of 1/3 of 1/8 amounting to $20.96. Signed R L Leonard. Sworn and subscribed before me, July 13, 1901, Albert Gillespie C & M. 6. State of Tennessee, McNairy County: Personally appeared before the undersigned official J T Houston, James M Hamm, Jr, who being duly sworn on oath says that they are personally acquainted with James H Thompson, who is one of the heirs of Catherine Richards, dec’d, who married Jason H Thompson and that said J H Thompson is the indentical (?) Person he represents himself to be and that the facts set out in his affidavit hereto attached are true and correct to the best of their knowledge and belief. Signed J M Hamm, J T Houston. Sworn, subscribed before me, June 27, 1901, Albert Gillespie C & M. 7. State of Tennessee, McNairy County: Personally appeared before the undersigned official, R L Leonard who being duly sworn on oath says the he is personally acquainted with R A Pace, and states that he knows said Pace to be the husband of Amanda Ann Pace, formerly Amanda Ann Stoker, and that she is entitled to 1/3 of the 1/8 interest of her mother Catherine Richards in the funds arising from the sale of lands in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. Signed R L Leonard. . Sworn and subscribed before me, June 13, 1901, Albert Gillespie C & M. 8. State of Tennessee, McNairy County: Personally appeared before the undersigned official, R L Leonard and R W Michie, who being duly sworn, says that they are personally acquainted with Sarah Ann Holmes, wife of N N Holmes and that said Sarah Ann Holmes is a granddaughter of one Sevilla Richards and as one of the heirs at law of Sevilla Richards is entitled to 1/5 of 1/5 of the share of Sevilla Richards in the funds arising from the sale of lands in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. Signed R w Michie, R L Leonard. Sworn and subscribed before me, Dec 2, 1901, Albert Gillespie C & M. (My note: Sarah Ann Jones Holmes is the daughter of Nancy Cathey Jones and granddaughter of Sevilla Richards Cathey.) 9. State of Tennessee, McNairy County Personally appeared before the undersigned official, R L Leonard and R W Michie, who being duly sworn, says that they are personally acquainted with Nancy Adaline Rickman, who was
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before her marriage Nancy Adaline Jones and that the said Nancy Adaline Jones was a granddaughter of one Sevilla Richards and as one of the heirs at law of Sevilla Richards, now deceased, is entitled to 1/5 of 1/5 of the share belonging to Sevilla Richards in the funds arising from the sale of lands in the cause of Jno Richards, etal vs Jno M Hamm, etal No 860 in Chancery Court of McNairy County, Tenn. Signed R W Michie, R L Leonard. Sworn and subscribed before me, Dec 2, 1901, Albert Gillespie C & M. . (My note: Nancy Adaline Jones Rickman is the daughter of Nancy Cathey Jones and granddaughter of Sevilla Richards Cathey.) Personally appeared before the undersigned official, James H Thompson, who being duly sworn on oath says that he is a son (of) Catherine Richards, dec’d, who married one Jason H Thompson and as such is entitled to a one third interest in the part of the fund due said Catherine Richards as an heir of the estate of Wm Richards being a fund arising from sale of the lands of the estate of said Wm Richards in the cause of Jno Richards et al vs Jno M Hamm et al no 860 in the Chancery Court of McNairy County. Affiant further states that said Catherine Thompson left surviving her two other children besides himself towit: Mary Malvina Elizabeth Thompson who married John Armstrong, and Amanda Ann Stoker who married one — Pace, and that these are the only heirs of said Catherine Thompson. Signed James H Thompson. Sworn to and subscribed before me June 27, 1901. Albert Gillespie, C&M
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D R HOOKER VS W C CARROLL
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1891 No 864
Transcribed by Nancy Wardlow Kennedy
D. R. Hooker, Jas S Wood and wife M F Wood, all residents of Gibson County, Tennessee vs W C Carroll, E Z Copeland, L H Copeland, E E Copeland, James Copeland, Thad Copeland, C L Copland, E T Estes, E S Estes, W A Estes, G W Smith & wife, T J Smith, W T Victry and wife, E H Victry, F F Varnell and wife, I F Varnell, all residents of McNairy County, Tenn. On October 22, 1859 John Hooker conveyed by deed (recorded Book H, page 34, McNairy County Registers's office) to his son David R. Hooker a tract of land in the 15th civil district consisting of 150 acres. This land was granted to John Hooker by a State of Tennessee grant no 14764 on May 1, 1854. David R. Hooker moved away from McNairy County many years ago and left John Hooker and his wife, Mary, life tenants. John Hooker and his wife also moved away from McNairy County. John Hooker died in Texas about Feb 25, 1879 and his wife about December 8, 1884, but David R. Hooker was not
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informed until about 1890. John Hooker sold various parts of the land from about 1870 to 1879. According to the complainants, John Hooker did not own the land, therefore he was not in the position to sell. One document mentions Faulkner Co Arkansas, but it is unclear as to the reason. D. R . Hooker and Elizie Hooker sign this document. It reads like D R Hooker traded with Mrs F M Wood two tracts of land for 150 acres in Arkansas in Oct 1890. The two tracts of land were in McNairy County, one the 188 acres David R Hooker purchased from John Hooker; two, 43 acres. The original deed from John Hooker " This deed and conveyance witnesseth that, whereas my son David R. Hooker , formerly owned a tract of land in the southern portion of Mc Nairy County in the --------- and I exchanged it , by his account for one hundred eighty eight acres, ----- - claim of John Wardlow in said county, on which I now live and the grant for the same ----- to me from the state of Tennessee on the 14th day of May 1854, to which reference is then made a for a more particular description of the same. And whereas since that time the said David R. Hooker, has paid to me the sum of six hundred dollars. Now therefore in consideration of ----- in regard to the one hundred eighty eight acre tract, I, John Hooker , hereby convey to the said David R. Hooker, said tract of land and vest him with the full legal title, as he has all the time been the equitable owner of the same but a t his own suggestion and request, I reserve in said tract , a lifetime estate for myself and wife . .... Signed 22 day of October 1859 Jno Hooker witness Jno R. Head. The land in question was sold Dec 8, 1884, this is probably the last sale, as above it states the John Hooker sold the land from 1870-1879. There is not a deed as prove of sale but defendants ask for the bill to be dismissed since they purchased it over seven years ago. It doesn’t state which one of the defendants purchased the land. It does state that several of the defendants are minors and need a guardian appointed in the matter. The Hooker family apparently was not close, since eldest son, David R was not told for several years that his parents had died. There are other lawsuits in McNairy County concerning a D R Hooker. However, those are a different Hooker. This David R Hooker was the son of John, brother to Samuel Hooker. It is the cases concerning Samuel Hooker that shows other D R Hooker’s. —————————————————————————————————————————
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H P WOOD VS E A GOOCH
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
John T Gooch, deceased February 22, 1892
August 7, 1893 - No 895
Transcribed by Nancy Wardlow Kennedy
This is a very big file and I remarked to a Gooch descendant there is no telling what we might find. I started at the front and typed information as it was filed. It may not be in date order. To the best I could figure... John T Gooch owed money to H P Wood, L A Lockman and H A Hunter. They sued the estate and won judgements: Judgement was rendered for L A Lockman $97.98 on March 18, 1893. Judgement was rendered for H P wood $150.00 on Feb 23, 1893 Judgement was rendered to H A Hunter for $106.00 on April 3, 1893 Wood, Lockman and Hunter, then joined and sued the estate for the monies due them on August 7, 1893. There are also other debts recorded in the file. Since John T Gooch had purchased the land of his father’s estate and paid each sibling $100 for their share. Apparently he still owed some of this money. In one place it will say he only owed the heirs of W B T Gooch. Instead of suing only the widow and family of John T Gooch, Wood, Lockman and Hunter sued all of heirs of John G Gooch. ************************************************************ H P Wood, L A Lockman, H A Hunter, all residents of McNairy County, Tennessee VS Mrs E A Gooch, Mary Foster & her husband J T Foster, T M Gooch, Noah Jeanes, Mandy Jane Jeans, Thorn Reynolds, Mattie Reynolds, Richard Gooch, W J Tacket, Tennie Tacket, Fannie Gooch, Vinnie Gooch, Lee Gooch, C M Gooch, H C Gooch, W A Gooch, all residents of McNairy County, Tennessee; John Gooch, a resident of Miss; Jim Gooch, a resident of Alabama; William Kirk and wife Nancy Ann Gooch Kirk, W B T Gooch, Dink Gooch, Marshall Gooch, Loula Gooch, Pearl Gooch, Jeff Foster, all residents of McNairy County, Tenn. J Warren Gooch. a resident of Weakley County, Tenn Eliza Gooch Dalton and husband T S Dalton, Sarah Gooch, all residents of the State of Virginia Donnie Gooch Howard and husband P J Howard, Callie Gooch, Nannie Youngblood and husband — Youngblood, residents of the state of Illinois John Brown, Andrew Brown, Tommie Brown, Tommie Gooch, residents of Oklahoma. Buford Gooch, a resident of McNairy County ***************************************************
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John T Gooch departed this life on or about February 22, 1892, after having made and published his last will and testament in which he nominated and appointed his wife, the defendant, Mrs E A Gooch, and one W B T Gooch, as executrix and executor respectively. At the April Term, 1892 term of County Court, Mrs E A Gooch qualified without bond as the sole executrix of the state of John T Gooch, the said W B T Gooch who was nominated as one of the executors having previously died. (John T Gooch’s will was made Jan 14, 1882 and he made his wife and brother W B T Gooch executors, but W B T Gooch died in 1883. See County Court file 360. J T Gooch owned a considerable portion of personal property and real estate. The personal property consisting of several yoke of oxen, some horses and mules, milk cows, stock and pork hogs, a gin head, wool carder, a set of blacksmith tools, a great deal of corn, bacon, and other family supplies, a number of other items of personal property not necessary to be mentioned here; the real estate consisting of the greater and almost the entire interest in several tracts of land lying adjoining each other and aggregating some 1,000 to 1,400 acres, worth at least $3,000. Complaints state that after E A Gooch qualified as executrix of the estate, she took charge of all the property, and at once began to dispose and use the personal property at her own pleasure but has made no settlement for his just debts. She has disposed of at least five yoke of oxen, at least two mules and other stock. She disposed of great deal of timber on the land and converted the entire proceeds of all said property to her own individual use and has failed to pay any of the debts owed by J T Gooch. Mrs E A Gooch has also been accused of converting notes due to the estate to herself. Complaints state that said testator John T Gooch owned, at his death owned no land except that described in said report and that was owned by John G Gooch, father of John T Gooch. Land of J T Gooch surveyed by R F Beard January 2, 1897. He owned six adjoining tracts: 491, 200, 87, 197, 312, 197 which equaled 1,484 acres. Complainants state that the defendants listed below are children/heirs of J G Gooch and are made parties defendant for the purpose of having the rights and interest of the said J T Gooch in the lands of J G Gooch, dec’d ascertained and declared by the court: C M Gooch H C Gooch W A Gooch Nancy Ann Kirk, J W Gooch Eliza Dalton Sarah Gooch Donie Howard Callie Gooch Nannie Youngblood, all children of said John G Gooch Children of Lucinda Gooch Brown: and John Brown, Andrew Brown, Tommie Brown, Children of W B T Gooch: W B T Gooch, Dink, Marshall, Loula , Pearl and Tommie Gooch, all grand children of J G Gooch, being children of two of the deceased children of said J G Gooch, and all of said devisees, both children and grandchildren owned and held said lands as tenants in common. (My note: there may be more children of J G Gooch, but they are not made parties to this lawsuit.) Complaints believe that the said J T Gooch had bought and paid for all the interests or share in the land at the time of his death except the interest of W B T Gooch, Tommie Gooch,
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Dink Gooch, Marshall Gooch, Loula Gooch and Pearl Gooch, children of W B T Gooch, deceased, who was a son of John G Gooch and entitled to one share in said land. Jeff Foster is in no way related to J T Gooch, deceased, but is a debtor to the estate and is therefore made a party. The defendants Mary Foster, T M Gooch, Mary Jane Jeans, Mattie Reynolds, Richard Gooch, Tennie Tackett, Fannie Gooch, Vinnie Gooch, John Gooch, Jim Gooch, Lee Gooch are children of J T Gooch and defendants J T Foster, Noah Jeans, Thorn Reynolds and W J Tackett are the husbands of Mary Foster, Mandy Jane Jeans, Mattie Reynolds, Tennie Tackett respectively and are made defendants only because of the right of their wives. Defendants William Kirk, T S Dalton, P J Howard and — Youngblood are the husbands of defendants Nancy A Kirk, Eliza Dalton, Donie Howard and Nancy Youngblood (daughters of John G Gooch.) All defendants are adults except Fannie Gooch, Vinnie Gooch, Lee Gooch, Tommie Gooch, Dink Gooch, Marshall Gooch, Loula Gooch and Pearl Gooch. Depositions, Sept 21, 1894: W B Gooch. W B Gooch age 28, commonly called Bedford Gooch is a son of J T Gooch, deceased and step son of the defendant Mrs E A Gooch. J T Gooch owned at his death six tracts of lands. J T Gooch died Feb 1892. Wiley Gooch was a son of J G Gooch, died before his father. He had several children. Signed W B Gooch T M Gooch, commonly called Monroe Gooch, age 31, son of John T Gooch. He is a farmer. His father had paid all the heirs of John G Gooch for their interests in the estate except the children of Wiley Gooch’s children. He thinks J T Gooch paid all the heirs of J G Gooch $100 per share for their interest. About $1,400 or $1,500. Signed T M Gooch. A J Foster, age 33, called Jeff, purchased a tract of land from J T Gooch. He still owes about $354. He let Mrs E A Gooch have a mare on the debt worth $125. Oct 9, 1894: Zula Kirk and Beula Kirk are the minor heirs of Nancy Ann Kirk (daughter of John G Gooch). So apparently Nancy Kirk died between Aug 7, 1893 and Oct 9, 1894. J C Houston is appointed guardian. September 3, 1894, the death of Nancy Ann Kirk was suggested and duly proved to W H H Gillespie, C & M, McNairy County Chancery court. Julia (or Zula) Kirk and Beulah Kirk are heirs of Nancy Ann Kirk. Jan 8, 1896: Delinquent taxes are due on the land. May 16, 1894: Eliza Dalton and husband T S Dalton, Sarah Gooch residents of Virginia Donie Howard and husband P J Howard, Callie Gooch, Nannie Youngblood and her husband are resident of Illinois. John Brown, Andrew Brown, Tommie Brown, Tommie Gooch are residents of Arkansas. Depositions on Sept 15, 1894: Mrs E A Gooch who does not know her age exactly. Widow of John T Gooch. Had four doctors with Mr Gooch during his last sickness: Dr Hensley, Dr Carter, De Webb and Dr Atkins. ************************************************************
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John T Gooch Will: State of Tennessee, McNairy County: In the name of God, amen, I John T Gooch, do make this my last will and testament. First of all, I will and bequeath my soul to God that gave it. Secondly, I will that all my just debts be paid and my burial expenses. Thirdly, I will and bequeath to my loving wife, Elizah A Gooch, my entire tract of land that I bought from Lock - Stanton Ferguson, containing five (5) acres, in all the tract containing two hundred, eighty five (285) acres, to have and to hold the title to her, during her natural life or widowhood and to have all the rents and profits arising from the cultivation of said land, to enable her to support and school my children until the youngest one becomes of age or marries off. I further will and bequeath to my loving wife, Elizah A Gooch, all my furniture, utensils and personal property, to wit: horses, cattle, sheep and hogs and all the supplies on hand and all my pork hogs except enough of my personal property to be sold sufficient in value to pay my debts or expenses. I except my filly colt for my son Bedford Gooch when he becomes of age, provided he stays with his step-mother and assists her in raising and taking care of his little brothers and sisters until he is twenty one years old or marries off and if he complies with my request then it is my will that he have the filly colt and after the death of my wife and when the youngest child becomes of age, there my will is that all my lands and personal property that is on hand then to be sold and divided equally among all my children. But my wife is to have the benefit of all my lands as long as she lives and then be sold and divided among my children equally. Fourthly, I do hereby constitute and appoint my brother W B T Gooch my executor with my wife as executrix, to carry out this my will as described in body of this my last will and comply with my request and that they qualify as executor and executrix, without giving bond, given under my hand and seal this 29th day of Nov 1881. Signed John T Gooch ********************************************************* The last will of John T Gooch, deceased was presented in open court and proven March 6, 1893. Report of Homestead and Dower laid off for Mrs E A Gooch, widow of J T Gooch, deceased: (Did not give acreage) This the 31st day of March 1893. Signed: J L W Boatman, S H Russell, J F Sanders, commissioners. (Do not know if this dower was enforced,) Another homestead dower was laid off May 24, 1895 which included the mansion house and out building and two tenant house and 380 acres of land, plus one third of the remainder of land 143 acres. Commissioners J O McCrary, J M King, and R F Beard, county surveyor. A petition to the court by H P Wood, L A Lockman and H A Hunter for an order that defendant E A Gooch post $2,000 as executor of the John T Gooch estate. In obedience to a decree if sale made at the April 1896 term of this honorable court, after advertising according to law, offered the lands described in the pleadings of this case for sale at public outcry to the highest bidder at the Court House door in Selmer, Tenn, on Saturday the 8th day of August 1896. The lands were first offered in separate tracts. It was then offered in one entire lot or tract, subject to the existing homestead and dower rights of Mrs E A Gooch, when Mrs E A Gooch bid the sum of $437.00 and that being the highest and best bid received, she became the purchaser at that price and in compliance with the terms of sale, she executed her
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promissory note for $437.00 with interest from date and due in six months. W C Coleman signed as her security. Signed W H H Gillespie, Clerk and Master. April 16, 1897: All the purchase money paid for the land of J T Gooch estate has been paid. ************************************************************** Will of J G Gooch In the name of God, Amen. I, J G Gooch of the County of McNairy and State of Tennessee being of sound mind and memory and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last will and testament revoking all other will heretofore made by me. 1. I will that my just debts be paid. 2. I will and bequeath to my loving wife, Nancy A Gooch, all of my home-tract of land where I now live and all of my Thorton tract of land being east of my home tract including all the building thereon, except the Baptist Meeting House. I will that the Brethren composing Mosses Creek Church have the use of said house to hold meeting in as long as they remain a church at Mosses Creek, but should the church dissolve or fail to hold their meetings in said house then it falls back to my estate again. The above named tracts of land she is to hold as her dower in my land and the use and the use or rent of all the balance of my land to wit - the Goad place and the Holecomb place. And further bequeath to my loving wife Nancy A Gooch all my household and kitchen furniture and all my stock of every description to wit: horses, cattle, hogs, sheep and all my ready money that I may be possessed of to enable her to raise and school my children now living with her, to wit - Louisa, Sarah Ann, Nancy Ann, Caldonia, Lucy, Caroline, and Amandy Jane; and my will is for her to give an equal portion to all the children that is now living with her as above named, as they marry off. I will that she give them out of the above named property an equal share with the rest that has married off until they all get their part, as the rest that has married off, and my desire is for her to send them to school that they may learn to read and write; and I further will that my wife have the use and benefit of my gin and mill to be controlled by my executors. Now all of the above named property that I have willed and bequeathed to my loving wife Nancy A Gooch, she is to have during her natural life or widow-hood and then to the support of my children that is single until they all become of age or marry off. Then said property is to fall into the hands of my executors to be disposed of as the law directs, for the benefit of my children with all the rest of my papers, notes and accounts. After my executors qualifies and collects them as they fall due, and I further will that if I should sell any of my lands to any person before I die, my desire is for my executors to give the purchaser a deed to the same when it is fully paid for and not until then. When they hold my title bond and they hold my notes. And I further will that my wife have a good wagon and oxen and all the growing crop that I may have at my death or if gathered crop, for the support of her and the children, and after my estate is wound up by my executors, after giving to all the children as they marry off as all the rest has had. Then the balance of my estate to be divided equally among all my children, except Annie Neoma who intermarried with J H Grantham and I will and bequeath to her $35.
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I likewise make, constitute and appoint two of my sons, William A Gooch and H C Gooch as my executors of this my last will and testament, hereby revoking all other wills by me made. In witness whereof, I have hereunto set my hand and seal in the presence of the subscribed witnesses. This 14th day of January 1882. Signed J G Gooch. Signed and sealed in our presence: Jno W Sanders, H W Dunn. ********************************************************** The above will was proven before me in common form of law by John W Sanders and H W Dunn, the above subscribing witnesses, this 7th day of Sept( probably 1885, page with date missing or not attached.) The separate answer of E A Gooch in Chancery Court, October 2, 1893: She admits the death of J T Gooch and she was named and qualified as executor of the will. By the terms of said will she was excused from giving bond. John T Gooch had considerable property. She denies she has disposed of or misappropriate any of said property. Most of the livestock was mortgaged by J T Gooch in his life time and some was taken by his creditors of satisfaction of said mortgages. Some of the stock and cattle have been sold and disposed of by Mrs Gooch and the proceeds of the same applied to the payment of debts of the estate. She denies she has sold or disposed of a great deal of the timber on the land and converted the proceeds to her own use. She has not used any of the timber except for the purpose of repairing and keeping up the tenants and buildings. She admits that complainants L A Lockman and H P Wood are judgement creditors of the estate of J T Gooch but the exact amounts of their debts she does not know. She denies that the estate of J T Gooch is indebted to H A Hunter in any amount. She admits that she was removed from the executor-ship of said estate by order of the county court and she denies the charges in the bill. Jeff Foster was indebted to the estate for about $125 and she transferred the notes of Jeff Foster to W A Gooch and H C Gooch, executors of J G Gooch estate for the purpose of paying off and discharging a debt due by the estate of J T Gooch. She denies she executed a deed or attempted to convey any lands to defendant W A Gooch. She denies that her husband J T Gooch owned an undivided interest in any of the lands of his estate but states his interest in all of said lands were entire. J T Gooch, at the time of his death owed more than $300 on the land purchased by him from the executors of J G Gooch, but she states that said land was purchased in its entirety and not as an undivided interest. She denies in fraud practiced by her or said commissioners in laying off said homestead dowery. Deposition of M H Jernigan, age 60 years old, resident of Hardeman County, farmer. October 6, 1894. Q: Did you know Wily Gooch and were you related to him or his family? A: Yes sir, I I knew Wiley Gooch. Related to him by my marriage. He married my wife’s sister. Q: Who is the guardian of Wiley Gooch’s minor children. A: I am Q: How many are minors and what are their names? A: Jodie, Marshall, Lula and Pearl. 4 Q: Are any of the heirs of Wiley Gooch of age? A: Terry.
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Q: Is the land of J G Gooch estate divided? A: No it is still undivided. Mrs E A Gooch sold to John Vaughn one sorghum mill of the estate of J T Gooch, for 165 gallons of sorghum molasses to be delivered to her and one barrel of molasses a year until paid. Feb 18, 1895. John G Gooch, on Oct 20, 1849, purchased from A H Thorton a tract of land for $350, beginning at Mosses Creek 230 acres. Witness N C Riggs, Alfred Moore. Book C page 410. Ben Wright, Register. Deposition of W A Gooch: W A Gooch, age 55, son and executor of John G Gooch estate, states that John T Gooch had two notes outstanding $101.30 and $135.50, executed on Oct 4, 1892 by Mrs E A Gooch, widow of J T Gooch. He stated he also owed the heirs of Wiley Gooch $100. W A Gooch stated his brother Wiley died before their father John G Gooch. Deposition of W J Tackett: My name is W J Tackett, commonly called Jack Tackett, age 24 years, live in the 1st district of McNairy County. I am a farmer. I am Mrs Gooch’s son-in-law. My wife’s name is Tenny. He states Bedford Gooch and Richard Gooch are sons of J T Gooch. Richard is the son of J T Gooch and Mrs E A Gooch. Sept 3, 1894, J C Houston appointed guardian of Fannie Gooch, Vinnie Gooch, Lee Gooch, Tommie Gooch, Dink Gooch and Pearl Gooch, minor heirs of W B T Gooch.
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MARY PARLEE RIMMER VS JOHN RIMMER
McNairy County, Tennessee, Chancery Court
1894 # 900
Transcribed by Nancy Wardlow Kennedy
Divorce
Mary Parlee and John Rimmer were married in March 1892 and they lived together as man and wife until about the month of October 1892 when John Rimmer willfully and maliciously abandoned complainant without cause. Defendant has failed to provide for the complainant and has visited in the neighborhood and refused to see her. Complainant further states John Rimmer’s residence is unknown. John Rimmer has been gone about two years and he has refused to communicate with her Dated July 16, 1894. The Defendant is to appear at the courthouse in Purdy on the first Monday in April, 1894 and a notice is to be published for four consecutive weeks in the McNairy Independent.
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Deposition of Mary Parlee Rimmer: Mary states she is 19 years old and resides in McNairy County, Tenn. She states she married John Rimmer the last of February 1892. (Above says march 1892 - Actual marriage records say Feb 28, 1892.) They lived together about seven months and he left her with any explanation. He has not provided for her and she has not seen him since he left. Signed Mary Parle Rimmer, April 13, 1894. Deposition of Eliza Bias: Name is Eliza Adaline Bias, she is 38 years old and resides in McNairy County. Mary Parlee Rimmer is her daughter and she has known John Rimmer since he was a little boy. John Rimmer told her ‘he would not live with Parlee another day. Mary Parlee is now living with her mother. Dated April 13, 1894. Eliza Adaline Bias could not sign her name. Notice was given on the second Monday in October 1898, to the Sheriff was to summons John Rimmer into court for court cost of $14.70. R M Carroll, Sheriff, stated he could find anything in the county upon which to levy this execution on Feb 25, 1899. Mary P rimmer was granted an absolute divorce from John Rimmer and John rimmer is to pay the court cost, dated June 18, 1894. Apparently May P Rimmer took her maiden name back Bias.
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JAMES MCNATT, ETALS VS CAN FORESYTHE
McNairy County, Tennessee, Chancery Court
1894 - 903
ISHAM FORSYTHE Descendants
Compiled by Nancy Wardlow Kennedy
PLEASE SEE CASE 641 FOR MORE DETAILS
Names mentioned in these files: Adams, Armstrong, Basham, Bell, Bizzell, Boatman, Cottrell (?), Chambers, Chamness, Curry, Dancer, Davis, Dunaway, Fisher, Forbes, Forsythe, Garrett, Gibson, Glass, Henderson, Jones, Lakey (?) , Lawson, Leath, Leeper, Manley, Matlock, McCoy, Melton, Monroe, Moore, Morris, Nickels, Nickles, Prince, Sanders, Tate, Vanstory, Wallace, Wren (Note: please allow for errors in transcribing names. )
This information is drawn from two lawsuits in McNairy County, Tennessee Chancery Court:
#641 George Parry, etals VS James Dunaway, etals 1886
#903 James McNatt, etals VS Can Foresythe, etals 1894
This case shows that James Forsythe departed this life intestate in McNairy County, State of Tennessee some time in the month of April 1884, without issue, leaving surviving heirs only
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Martha Forsythe, his widow, who since intermarried with complainant George Parry. (Note: Martha Forsythe Parry died in 1892.) At the time of the death of said James Forsythe, intestate was the owner of a large personal estate which has been fully administered and left to his widow, Martha Forsythe. (Apparently, his personal wealth, which Martha Forsythe inherited was gleaned by her new husband George Parry.) However, at the time of her death, James Forsythe’s siblings and legal heirs, filed the lawsuit to obtain title to the land. The first lawsuit was filed in 1886 and the second filed in 1894, after Martha’s death.
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LOUIZA WARDLOW VS HENRY S WARDLOW
MCNAIRY COUNTY, TENNESSEE, CHANCERY COURT
1896 - No 1026
Divorce
Transcribed by Nancy Wardlow Kennedy
Louiza Richards and Henry S Wardlow married Jan 26 1896 and lived together until about April 28, 1897 when she left and went home to her daddy. She had a child, Amanda, born May 28, 1897 which Henry S denied.
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Alfred McCuller VS W H Stone & John Wolfe, Adm of W W McCuller, Dec’d
McNairy County, Tennessee, Chancery Court
Filed Aug 8, 1902 - No 1087
Transcribed by Nancy Wardlow Kennedy
Alexander McCullar Estate
Alfred McCuller, S H McCuller, Wm McCuller, Henry McCuller, J T McCuller, C L McCuller, T A Hipps, and wife Harriette Hipps, residents of McNairy County, Tenn; W L Riley and wife Missouri Riley, residents of Hardin County, Tenn; Sargent Johns and wife Elizabeth Johnson, residents of Chester County, Tenn; Wm Chatman and wife Polly Ann Chatman, residents of Texas; Neeley McCuller, a resident of State of Arkansas, Complianants: Against
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W H Stone and John Wolfe, Administrators of W W McCuller, deceased; H A Hunter (security for W W McCuller as Adm of A Alexander estate) John McCuller, Mary Jane Mulder, Marth Phillips, Manda Hill, Mrs Mary Hefley, all residents of McNairy County; G C McCuller, a resident of Mississippi; James McCullar and the unknown heirs of William McCuller, deceased, a son of A J McCuller, and whose names cannot be ascertained, residents of Arkansas; The unknown heirs of Mrs Martha Houston, a daughter of Alexander McCuller, deceased, whose names and ages are unknown, residence unknown; John Hill and Jeff Miller and his wife Martha Miller, residents of Texas; Massey Hill, a resident of Louisiana; Defendants. David McCuller did not qualify as executor of Alexander McCuller estate, but W W McCuller qualified on Sept 3, 1888, with $700 bond and H A Hunter as his security. On Dec 23, 1889, W W McCuller made a settlement with the County Court Clerk for $316.71. That report was not final and there never was a final settlement made by executor. Some of the items sold and not accounted for were: two mules $100, one mare $50, one gin head $100, one thrasher $20, one note on W W McCullar $160, and other misc items which make the amount about $500. Land sold not accounted for: Jan 7, 1890 one tract to N A Erwin $240; Oct 8, 1885 one tract to G C McCuller $500; Sept 1896, one tract to N A Erwin $100. Complainants allege that all of said sums from both the personal property and the real estate sold by said W W McCuller, were truly and legally was well in fact, the property of the estate of said Alexander McCuller and were in the hands of said W W Mcculler only as Executor of Alexander McCuller and should have been accounted for him. ( W W McCuller was appointed guardian of Alexander McCuller because he was not capable of taking care of his own business. See Chancery Court File # 652). Complainants further show unto the court that under the will of said Alexander McCuller, David McCuller, their ancestor, and his sisters, Mrs Elizabeth Simmons, Mrs Missouri McCuller Martha Houston, and his brothers W W McCuller and A J Mc Culler, children of Alexander McCuller were sole heirs of the Alexander McCuller estate. Complainants allege that Mrs Elizabeth Simmons, W W McCuller, and A J McCuller has received their full share. Mrs Missouri McCullar, died intestate without issue and before the death of Alexander McCullar. The other two shares, those of Mrs Martha Houston and of David McCuller, the ancestors of the complainants, are still in the hands of said executor, W W McCuller’s representatives or in his estate. Does not mention Mary Hefley, a daughter of Alexander McCullar. W W McCuller died intestate in McNairy County about the — day of May, 1901, and W H Stone and John Wolf qualified as administrators of his estate in June 1901. The complaints Alfred McCuller, William McCuller, J T McCuller, S H McCuller, C L McCuller, Henry McCuller and Neeley McCuller are sons of David McCuller, deceased (died Nov 1889.) Daughters of David McCuller are: Martha E Johnson, and she married S W Johnson on April 10, 1870; Emily Harriett Hipps, and on Dec 23, 1869, she married Thomas Hipps; Missouri Riley and on March 11, 1883, she was married to W L Riley. Polly Ann Chatman who married William Chatman on July 28, 1870.
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