Record book
A J McCuller, one of the sons of Alexander McCuller, died intestate in McNairy County and left surviving him, G C McCuller, John McCuller, James McCuller and the heirs of a deceased son William McCuller, who names and residences are not known. Mrs Elizabeth Simmons, a daughter and legatee under the will of Alexander McCuller is dead and left surviving her as her children and sole heirs: Mrs Mary Jane Mulder, Mrs Martha Phillips, John Mill, Massey Hill and Mrs Manda Hill. Mrs Martha Houston was a daughter and died leaving two children, but their names and residences are unknown. Mrs Mary Helfy is a daughter and a legatee under the said will is to receive only $1.00, Complainants state they are entitled to the whole interest of David McCullar, deceased, son of Alexander McCuller. It is alleged that deceased W W McCuller mixed his individual property with that of his Father, the said testate Alexander McCuller and that said W W McCuller failed to register deeds for lands which he sold. It also alleges W W McCuller kept the matter of his trust estate fraudulently concealed. Apparently the heirs waited a long time to file a bill of complaint. Public notice to be published for four weeks in “The Weekly Post” a newspaper published in Selmer for those not residing in McNairy County.
Will of Alexander McCullar: I, Alexander McCuller do make and publish this my last will and testament, hereby revoking and annuling all other wills by at at any time made. I will my body to its mother earth and my soul to God who gave it. I will that my sons, David and William McCuller act as my Executors and that they pay all just debts presented against my estate out of the first monies that come into their hands. I will and bequeath to my beloved wife, Levina and my son William, the tract of land upon which I now live and bounded as bounded as follows: viz: In the State of Tennessee, McNairy County, Range 3 and Section 2, 3, beginning at a stake 64 poles north of the north east corner of entry no 1170 in the name of Jessie Williamson and others, running east 112 poles to a stake, then south 64 poles to a black-oak, white oak and hickory prs; then east 38 poles to a hickory; then South 21 poles to a spanish oak, then east 54 poles, to a stake, black-oak and two post oak prs; then east 156 poles to a stake, then south 160 poles to a white oak gum and white oak prs; then west 200 poles to a gum, white oak and two hickory prs; then south 20 poles to a stake; hickory and 2 gum prs; then west 160 poles to a stake, white and three black oak prs; then north 357 poles to the beginning, containing by estimation 361 acees, including and excluding 81 acres conveyed to David McCuller. I give these lands to my wife and my son William jointly, but at the death of my wife, they are to become the property of my son William absolutely
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I will that all the balance of my property, both real and personal be sold by my executors at private sale, upon such terms as they may deem best, and that they collec t all debts due my estate as soon as possible, and the money arising from the sale of property and debts collects, I desire shall by distributed as follows: after my debts are paid, to my son David, my daughter Elizabeth, my daughter-in-law Missouri, my son A J, my son Martha and my son William are to share equally and in making the distribution shares equal my executors will take into account any advancements heretofore made, and nay debts by me paid for any of the distributees, so that what they have already and what they may received shall be equal. I will that my daughter Mary, shall have one dollar, $1.00, as she already had one thousand dollars in the tract of land upon which she now lives. I will that my executors shall see that my wife is well provided for during her lifetime and that she may not suffer for anything she may need in her old age. Dated October 2,6 1800. Signed A. McCuller. Witnesses: S L Warren, J C Berryman, A J Powell.
Answer of John Wolf and W H Stone, appointed administrators of the Alexander McCuller estate after the death of W W McCuller, former administrator. They state, William McCuller and C L McCuller were appointed and qualified as administrators of the estate of David McCuller but they took no steps against these defendants in any reasonable or proper time. Mary Hefly should not be a defendant in this case. H A Hunter, security for W W McCuller as administrator of Alexander McCuller estate, should not be accountable because of statue of limitations. Wolfe and Stone also state they are no t liable because of the statue of limitations.
Depositions: J A Moore, age 25, lives at Selmer and at present Clerk of Mcnairy County Court. States he has examined his files and is very little on the estate of Alexander McCuller. One record in Settlement Book page 426 and pages 94, 95 in Administrators Settlement. Mary Hefly states she is 66 years old last July. She is a daughter of Alexander McCuller and a sister to David McCuller. She lived with Alexander McCuller from 1884-1888 and he died in August after she left. She stated her father was not crazy but was addled and was perfectly helpless. After he got helpless he looked to brother William to keep up everything. Apparently Alexander McCuller owed Dave McCuller 8 or 9 hundred dollars. “One thing I do know and that is when my man died, I had about $800 and I went to brother Dave McCuller and asked him if he would let me pay that debt and have his lien and hold what he held and he said no, that he would rather let it stay just like it was.” All her father had was land. “ He had nothing that was worth picking up. His stock was so old it was no account. One old horse died with old age while I lived there. My father got broke up during the war, his property took from him and black one token from him and he was robbed of $1700.00 and there was no body there to work but brother
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William except my father could work a little but not much.” She stated Billy (William) mortgaged his own land to pay off that debt to Dave McCuller and sold two tracts to pay himself back. One horse was so old he could not eat corn and fodder to keep his body together. One mare was sold for $50 but the mare died right after the sale and the money was refunded. One old cow, 20 odd years old, which Billy kept and allowed $5.00 for her. Alexander McCuller gave Mary Helfy, before the war, about 80 acres. He also gave Dave McCullar some land. He gave every child he had land, except Elizabeth Simmons, her never had given her any at his death. He did not give Martha Houston land, he gave her money. He wanted William to have the home place for taking care of him most of his life. Mrs Simmons got land for her share after Alexander McCuller’s death. Date Sept 2, 1903. Signed Jane Hefley
Deposition of Mrs M E McCuller, age 40 , widow of W W McCuller and she lived at the old homestead that Alexander McCuller gave his son, W W McCuller. W W McCuller died April 15, 1901. She states W W McCuller mortgage to N A Erwin the home tract to get money to pay Dave McCuller’s heirs the money Alexander McCuller had owed David McCuller before they both died.. Her husband told her he had paid William and Charlie McCuller, administrators of Dave McCuller. She married W W McCuller Oct 6, 1888, soon after his father’s death. Signed M E McCuller, Sept 2, 1903. The complainants prayed for appeal to Supreme Court, Sept 9, 1903. This was in the file, but as to the importance to this case is unknown: Settlement with William and C L McCuller, Administrators of the Estate of David McCuller, July 17, 1902, shows these people received $22.90: – McCuller, C L McCuller, Missouri Riley, Alfred McCuller, J T McCuller, Henry McCuller, S W Johnson, Wm & Polly Ann Chatman, T A Hipps, Neal McCuller, S H McCuller These people received $11.00: Alfred McCuller, S H McCuller, J H McCuller, I W Johnson, C L McCuller, Wm McCuller, Polly Ann Chatman, J T McCuller, Missouri Riley, Neal McCuller, Henry McCuller. These people received $33.85: Alfred McCuller, W L Riley, J T McCuller, S H McCuller, C L McCuller, G W Johnson, P A Chatman, Henry McCuller, J T McCuller, Wm McCuller. These people received $18.25: S W Johnson, Henry McCuller, J H McCuller, Alfred McCuller, J T McCuller, Neal McCuller, W L Riley, C L McCuller, Wm M McCuller, Harriett Hipps by Henry. (Note: these may be the same people but the Johnson man is listed as S W Johnson, I W Johnson and G W Johnson.
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ADA EARNEST VS T M EARNEST
McNairy County, Tennessee Chancery Court
1903 - No 1115 - Divorce
Transcribed by Nancy Wardlow Kennedy
Ada and M H Earnest were married in married County Aug 1893 in McNairy County and lived together continuous until about the day of October 3, 1903, when the complainant, Ada, was forced to leave the home and lived at the residence of her father. About March 1903 , the couple were still living together and one Lilly Kennedy, who afterwards became known to complainant as a woman of bad character and when she learned of the Kennedy’s bad character she as the defendant to make the woman to leave to no avail. Ada states she saw Lilly Kennedy in her husband’s presence without any clothes on and other divers acts of lewdness. Mr Earnest brought Miss Kennedy into the house for the purpose of cohabiting with her. Mrs Ernest knew one date of actual adultery on July 20, 1903. They lived in the 13th district and since Ada Earnest left M H Earnest has lived opening with Lillie Kennedy. Complainant also states that Mr Ernest has let another lewd woman, Annie Franks, live in a tenant house, not 100 yards from his home since July 1903. She charges they committed adultery on said premises. When Ada pleaded with her husband on Oct 2, 1903 to make these women leave, he became abusive, called her vulgar names and cursed. He also stated he had arranged to dispose of his property and move to Texas. One time he threatened to kill her. She awakened on the night of Oct 7, 1903 and saw him with a razor in his hand, and he stated he meant to kill her while she slept. She left the house on Oct 9, 1903. M H Earnest owns land in the 13th district, bounded on the north by Weatherford and Ruleman, on the south by Perkins and Miller, on the east b y Perkins and the west by Wardlow, and is worth about $350.00, with about 20 acres in corn and about 8 acres of cotton, not gathered. He also owns several hundred dollars of personal property: one bay horse about nine years old, or sorel mare about 11 years old, one red cow about 7 years old and one black cow about 5 years old, one frosty colored muley heifer about 2 years old, one dark red heifer, about 3 years old, one red heifer about 1 yr old; 4 pork hogs and six pigs, 4 beds and bed clothing, 1 two horse wagon, a lot of good furniture such as a dresser, wash stands, cooking stove, safe, tables, dishes, wearing apparel. The couple have five children: Bessie age 8, Nora age 6, Cecil age 4, R-----, a daughter 2 years old, and a baby girl 3 months old. The oldest children are still living with their father and she has the two youngest children. She states Mr Earnest is not the proper person to have custody of the children and she requests custody of all the children. She asks for alimony and claims the crops will rot in the fields if not ordered by the court to gather. Complainant dismissed this case - date not given - court cost paid March 2014. ———————————————————————————————————————— 124
J C TAYLOR VS TROY TAYLOR
McNairy County, Tennessee, Chancery Court
1911 - No 1266
B H Stanton estate - Petition to sell land.
J C Taylor and wife, Hillary Nethery and wife, Harry Coleman and wife, Icy Kirk and Flossie Kirk by next friend Sam Kirk, all residents of McNairy county. VS Troy Taylor, Vesta Stanton, Myrtle Stanton, minors and resident of McNairy County, Tenn and Troy Stanton, resident of Virginia. B H Stanton, a resident of Mcnairy County, Tenn, died in said county about August 1910. Stanton owned 300 acres, about 15 miles from Selmer and 4 miles from Pocahontas, bounded on the north by Obe Richardson, on the south by Boyett, on the east by Mark Roberson and on the west by the lands of Ben Kennedy, Jo Kirk, Elizabeth Kennedy. The land has not been taken care of for several years, the fencing is gone and the fields that used to be in cultivation is growing up. It mostly woodland and hills. The house is a box house, a plank house, an ordinary house. Two rooms with a hall between and only one, chimney, there was two but one fell down. One room is ceiled or paper. House built about 12 or 15 years ago. Barn is out of pine poles. No well, just two springs or seeps. B H Stanton left to no widow, his wife having died about a year before he died. There are no encumbrance on the land as far as complainants know. B H Stanton left children and heirs-at-law the following children: 1. Lula who intermarried with J C Taylor 2. Bell who intermarried with Hillary Nethery 3. Pearl who intermarried with Harry Coleman 4. Minnie who intermarried with Sam Kirk, died leaving her only heirs, Icy age 10, Flossie age 8 5. Ronie who intermarried with Columbus Taylor, died four years ago, heir Troy Taylor 6. Terry Stanton age 16 7. Myrtle Stanton age 18 8. Vesta Stanton age 14
Minors, Icy and Flossie Kirk live with their father, and Troy Taylor lives with his uncle and aunt, J C Taylor and wife, as do Myrtle and Vesta Stanton. Terry Stanton is in the United States Army in Virginia. The heirs wish to sell the land and divide the proceeds since the lands can not be equitably divided.
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W W Eaker wanted to buy the land, but it had to be sold at public auction. B C Carr purchased the lands September 9, 1912 at a public auction at the front door of the courthouse in Selmer, for $591.00. He paid cash down $197.00 and executed a note for the balance of $394.00 due Nov 9, 1913. There was no delinquent taxes on the land. Depositions of; W M Roberson, age 46 lived about one mile from B H Stanton. Lee McAlpin, age 45 lived about 3 miles.
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MARY J NIXON VS JIM HUNTER, ETAL
McNairy County, Tennessee, Chancery Court
#1370 - date 1915
Transcribed by Nancy Kennedy
Mary J Nixon vs Jim Hunter, Sim Hunter and Forest Hunter. This was a long read case and very interesting, very typical of how widow women were treated during this time. On Jan 8, 1908 John H. Nixon, now deceased borrowed or was somehow indebted to Hunter Bros for $198.45. The reason for the indebtness was never given. John H Nixon signed the note on Jan 15, 1908 and mortgaged the place where he resided. J E Dunaway, made the note for Hunter Bros and went to the Nixon home where Mr Nixon signed it. Mrs Nixon refused to sign the note so Dunaway left. After Dunaway left John Nixon told his wife Mary if she did not sign the note he would burn the house down. So when Mr Dunaway came back in the late afternoon she signed the note. At that time, the wife was supposed to give permission, outside of the presence of her husband, for any notes he made. Her sons, Dolp and Bunk and Dolp’s wife Mary testified that they were at the home at the time she signed. When they arrived, she was outside crying, saying she did not want to sign the note. When Dunaway arrived they all went into the house and she signed it. However Mr Nixon never left the room as he was supposed to do. John H Nixon died May 12, 1909. And on Aug 22, 1914, W R Nickles, agent for Hunter Bros instituted a replevin suit Mrs Nixon for a mule and one 2.75 Studebaker wagon. The case went to court and Mary Nixon claimed they had paid all was due to Hunter Bros. (I think somewhere she claimed the mule and wagon was not on the original note. At the place this is listed, it could have been added later.) Hunter Bros won the suit and received the wagon and mule and Mary Nixon had to pay the court cost Sometime after this Mary Nixon heard Hunter Bros was going to file suit to obtain her land. She claimed she and/or her sons went by several times to the store to settle up and Hunter
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would always say ‘we are about even - don’t have time to see about it now.) Her sons also testified to this fact. She told when paid on the account, such as money, two bales of cotton, etc. Women had no rights about their land, once they married it became their husband’s land. Mrs L E King deeded three tracts of land to Mary Nixon: 35 ac, 35 ac and 75 ac. It was the 75 acres that had the house and the tract Mr Nixon mortgaged, when in fact it was hers to begin with. When Dunaway and Nickles testified for the defendant, they were very positive about everything but when cross examined, they didn’t remember some things or didn’t know. The strange part of this case is Hunter Bros never testified in this case, or if they did it is not included. The case was won by Hunter Bos and Mary Nixon had to pay $31.25 plus court cost, but they didn’t take her land.
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