RECORD BOOK "F"
1849 - 1852
page 5

Abstracted Jan 2007
by Milly Wright
Submitted for use on these
pages Aug 2007.

Note: The book has not been transcribed in its entirety, although each
case is included. Spelling follows the original as closely as possible.
[In some cases testimonies and proceedings have been summarized. msw]

Page 241
Good and valid deed for 304 acres of land in Lincoln County, TN, whereon
the said Allsup (Thomas?) now lives, also a good deed to 149 1/2 acres
of land in Lincoln County that Thomas Allsup bought of Charles Boyle,
being a part of a tract that Joseph Allsup now lives on. March 2, 1822

Page 244
Testimony of Joel Butler

Page 245

In pursuance of the enclosed commission to me Alex H Wood a Justice of
the peace in and for ... Lauderdale County (directed by Circuit Court of
Lincoln County, Fayetteville, Tennessee).. I have caused to come before
me at the court house in the Town of Florence .. on the 15th day of
March 1832 aged about 35 years witness (Henry Anderson?) in a matter of
controversy now pending in said Circuit Court between Hardy Hightower,
Randolph Allsup and Daniel Allsup or complainant, two administrators of
the estate of Thomas H Allsup, decd as complainants, and Robert R Allsup
as defendant who being sworn duely before the holy evangelist of
allmighty God deposeth and saith:

Sale was on April 15, 1828, Several negroes belonging to the estate of
Thomas H Allsup decd were sold, and defendant became the purchaser of
one negro woman and her child ... several other negroes were sold the
same day on the same terms ... Eighty dollars a year, taking one year
with another would be a fair price for the hire of a likely negro man.
He, Robert R Allsup, gave $714. for the woman and child. All the other
negros were sold except Sam to the best of my recollection. Sam was sold
I think in the latter part of the year 1821 by the Sheriff on Execution.
I was a bidder but I do not recollect what he sold for.

Was it or was it not understood by the representation of the
administrators, on the day of sale, that the estate of Thomas H Allsup
would be good and solvent provided they would settle a larger debt due
to one of his Brothers in Tennessee. - He agreed, and understood it to
be relative to the title of land. Henry Anderson 15 March 1832

Page 246
Testimony of Wm H Ragsdale

He was acquainted with the negro man named Dick belonging to the estate
of Thomas H Allsup for about four years. He frequently heard Thomas
Allsup speak in his praise and being, and I thought him to be a likely
young and valuable fellow.

At the sale in the Town of Florence in April 1828 Robert R Allsup
purchased the man Dick at $601.00. Ragsdale bought the man Labon at
$625.00. “The terms of the sale was proclaimed and made known at the
commencement by John W Byrne who cried the sale in the evening when the
sale was over.” He lived in Marion County, along with Teuslet?, who
bought a boy. “Isaac T Tinsley brought both of our negroes out to this
country and I remained in Florence to get his notes which were written
in three different notes payable in six twelve and eighteen months, and
put in my possession and I was to obtain such security when I arrived in
Marion County. ...deed of trust on the slave. He thought that Dick ought
to have hired for $100.00 a year. “I have been in a habit of giving that
amount for such men.” Wm H Ragsdale 22 December 1832

Page 248
Testimony of Hardy H Holcomb

“By the request of Randolph Allsup, I went with the sheriff to show him
the negro Dick, we went to the house of Robert R Allsup, who was not at
home, he come in a short time we could not find the negro, nor could we
learn where the negro was. After Mr. Allsup was explained the nature of
our business he expressed some dissatisfaction and observed to me that
he had no intention of removing the negro off and that the complainants
had not treated him well by suing and pestering him at a time when his
father was lying dead.” Robert had been counseled not to give up the
notes, but had them in a drawer. Dick was worth $600.00

Page 249
Testimony of Benjamin Ingram

Lauderdale County, 14 January 1833. Benjamin Ingram, aged about 53
years. “I have been in the habit of hiring negro men from the year 1826
untill the present time and in 1828 I hired likely fellows at $70.00; in
1829 at $90., 1830 at $90., 1831 at $100.00, 1832, $120.00, and 1833 at
$120.. And those who hired them clothed them and paid their Tax, etc..
Benjamin Ingram

Page 249
Inventory of the sale of Thomas H Allsup decd sold on 15 July 1826.

Sides of leather were sold, as well as a horse ($5.00), and a pot for
.50 (horse and pot to Robt R Allsup)

Page 250
5 October 1826
Second Sale

“Mrs. Allsup bought at the sale of Thomas H Allsup decd
1 bed stead and furniture 20.00
1 side saddle buckle and martingale 10.00
1 bed bedstead and furniture 15.00
1 bureau and bride 3.00
1 large chest 18.00
1 bed stead and furniture 2.00
1 small bed 3.00
3 Winsor and 4 split bottom chairs 10.00
1 cupboard and furniture 5.00
1 folding table .50
1 spinning wheel 66.00
1 bay mare 20.00
2 beds and furniture 14.50
1 mans saddle 10.00
1 mans saddle 10.00
1 cherry side board 43.25
Total: 255.25

Mr. Michael Allsup bot at the sale of Thos H Allsup decd
71 lbs sole leather (plus 73, 77, 154, and 463 sides of leather)
6 wool hats 3.75
Much more sole leather
1 stove and pipe 7.00
2 boxes glass 4.00
3 boxes white lead 9.56 1/4

Mr. Brice M Garner bought at sale:
2 gray horses 200.00
1 Reeling? Reding? Ruling? carriage 50.00
24 lbs harness leather 9.72
sole leather
deer skins
5 sides upper leather 19.31 1/4
1 demy (demi) John 1.87
1 lot iron 3.00
1 pot rack 1.00
1 Brass kettle 4.56
1 parcel brass mountings 1.12
6 Winsor chairs @ 2.43 each 14.62
Sole leather, raw hides, 6 small skins tanned with hair, deer skins,
upper leather,
1 horse hide 2.50

Mr. Robt R Allsup bot at sale
1 bay horse 119.00

Mr. Henry Smith bought at sale
1 Secretary and book case 37.00

Mr. Uriah Nanny bot at sale
sole leather, sides of upper leather

Mr. Abner Rose bot at sale
upper leather, deer skins, 1 dog skin and 3 calf skins (3.50)

Mr. Jonathan Rhodes bot at sale
sole leather, kig? kid? skins (20 for $79.00), upper leather, sole
leather, side

Thos R King
sole leather
1 Demmy john 1.75

Mr. Antoin Alside
1 bed and bed stead 13.75
1 Bureau 10.25

Mr. Geo Spears?
1 clothes press 19.25

Joseph Scott
3 aprons 1.12

Deskin D Monroe
1 small grind stone and 1 lot tools 2.50
Jno Foster
1 large grind stone 3.00

Lewis McBride
a small grindstone 2.37
1 pr bridle bits .56
1 broken bridle 2.00

Garrett Moore
5 sides upper leather 19.00

Abel Mentzer
5 small skins 1.25
5 sides upper leather 20.06

Geo T Lasky
12 deer skins 10.87

John B Sannoner
1 breakfast table 4.75
1 dish and glass ware 1.50

Samuel Barham
69 lbs sole leather 20.70

George Coalter
1 plough and lock chain 2.62

Chas Campbell
1 barrel sundries 1.00
1 spider .75

David Fulton
3 axes, 1 iron wedge and 1 cutting knife 3.50

Wm E Dancy
95 lbs sole leather plus 81 lbs sole leather
5 sides upper leather 17.80

Col John Byrne
1 plow hoe .75
James C Jackson
1 chick reel .50

Col. David Lowe
3 musket locks .18 3/4

Charles H Hargusson
81 lbs sole leather 19.44
1 lot Sewayes? 3.37
12 deer skins 5.00

Page 255
Insolvent report return made by the Admr of Thos H Allsup decd

Henry Anderson 19.30
John Austin 7.48
Anderson Allsup 4.30
John Boyd 21.09
John Boyd 16.1
Anderson Buchanan and Co 74.76
A Buchanon a/c denied 11.00
Capt Briscoe 10.49
James Brittain Offsetts 1.00, 2.89, 12.00
John L Bartlet 5.50 not found, Doubtful
John Brice 1.25 not found
R Boyd, not found 1.50
J S Bewman? Pewman? 1.75 doubtful
Peter Blow denied & pleads paymt 5.96 and 55.79
James N Baker was sued and paid costs 20.25
Miles Brittain .37 has offsetts
Phillip Bruice 7.14 claims offsetts
Phillip Bruice .74 and 1.37
James Benham 1.92, 9.99 and 6.50 Good
Bum? and Martin denied plead paymt 34.95 and 1.48
Isaac Butler 40.74 claims offsetts
Wm Brown Insolvent 1.25
Ransom Beasley Doubtful 72.61
Champ Beasley Billing Insolvent 3.31
Harmon Beasley sued and pd cost 3.75
Dudley? Brown Insolvent
John Bird not found 8.50
J Brownlow, not found, 4.25
Wm M Burton Good 8.25
J W Byrne a/c 7.99, and 7.99
Blanch Blackard not found 2.26
Wm Buckett doubtful 3.00
P Burtrand (Bertrand) has offsetts 1.16
Thos J? I? Crow denied has offsetts 26.00
A Clandenon good 5.50
P Cunningham, sued has offsetts recovd 1.56
J Carnahan not found .94
J Craig Denied, claims offsetts 35.97
Geo Coalter claims offsetts 93.26
Thos Childress claims offsetts for all but 4.00
Isaac Creams not found 1.75 and 14.27
I? J? Campbell not found 1.25
George W Campbell denied doubtful 4.00 and .25
H Campbell said Judgt for (offsetts) 26.25
Alex Campbell not found 9.25
Wm R Campbell not found 10.68
J Campbell not found 87.35
John Cox 2.18 not found
John Cox not found 2.48
A Chambers Good .68 3/4
A W H Clifton Paid .50
A W H Clifton Insolvent 41.36
James E Dickson pleads payme(nt) and offsetts 2.65 1/2
H Dupree Insolvent and dead .25
J Darby Denied Sued paid cost 1.25
John Copeland not found 20.75
W Dean has offsetts 1.50
Thos Doudel not found 11.28
George R Wilson Insolvent 74.80
D A Eavans Good 6.04
W Edgar Not found 5.03
J W Eavans not found 6.68
Wm Estis not found .75
John English Judgt for 6.22 7.18 (6.22)
Wilson English sued and paid cost 5.40
W R English has offsetts 8.87
Freday? decd Insolvent .12 1/2
B A Guell denies pleads payment 4.42
Judge Fulton .32
Thos Farmer 11.00
Abraham For. Denies pleads payment 3.37
E Fawer? not found 1.00
James Gordon has offsetts 4.59
Walter Glenn, denies has offsetts 7.77
Patton R Gill sued paid cost 3.75
(Name deleted by mistake) 3.00
Oliver Grissom paid 5.06

I Guest not found 15.14
Walter Glenn denies pleads payment 9.38
George Garrett claims offsetts 21.35
John Harris not found .75
Hardy Hightower good when got .78 3/4
Luke Harrison god when got 10.12
Samuel Hood Insolvent 1.12 1/2
James Hood very good 2.30
T B Huling denies claims offsetts 12.50
D Hubbard not demanded .34
Isaac Holt doubtful 11.96
Isaac Huddleston not found 1.74
M and J Harkins offsetts 1.50
W Hudnell not found 1.99
P Harlson not found 3.50
James Hawkins denies pleads payment 8.03
John Hollison not found 21.00
Horse Boat Company, denied, 5.00, 1.69, 11.56
Y Jenkins claims offsetts 12.36
James Jackson Good 3.28 and 3.00
Black Tim Jones not found 1.00
Elisha James 48.02
T Jones denies pleads payment 18.38
Wm Kidd claims offsetts 2.41

Page 258

Samuel Kerley not found 6.00
James Knight ded, denies Inslt 4.76
Koger has offsetts 6.25
George R Lasly claims offsetts 107.87
John Lorance good .61 and 5.02
D C Lewis Insolvent and plds payment 35.44 and 21.75
S E McCabe pleads offsetts 14.75
Samuel Maxwell sued paid costs 3.50
Wm McCowan paid 3.00
Wm McDonald denied 27.81
Henry Musselman good 19.34
Samuel McClure offsetts Insolvent 2.93
John Maws pay offsetts 3.50
Abel Mentzer offsetts and payment 15.36, 1.02 and 3.40
Maxfield not found 54.57
Thos McDonald offsetts?? (written over) 54.57
Samuel McCabe offsetts? 2.00
Robt McCowiston disputed and doubtful 14.00
James Mansco not found 1.12
McNelledge not found .75
Henry McVan (McVay?) not demanded 7.40
Col McDonald Good 7.07
Wm Monroe remaining Insolvent 90.00
John McKinley pled payment 21.52
Fru? Milly? Miley? paid 1.00
L B Michill not found 5.10
C S Manley remaining not found 2.46
John Maws pleads payment 22.56
James Knight denied 4.91
M Null pleads payment 17.57
Black Newman pleads payment 14.06
Thos S Cope offsetts 8.60
T Patterson denies .50
J S Posse doubtful 4.50
Wm Porer not found 5.13
Wm Price payment and offsetts 1.56 and 1.87
Elijah Reeves said offsetts 2.17
J Rhodes denied 1.07
L Rhodes not found .86
L Reeves not found 1.06
Dr Rucker pleads payment 2.50
Robertson not found .24
John Robinson not found 6.25
N Richardson not found 9.18
W H Ragsdale claims offsetts 50.50
Jesse Saudey? Insolvent 14.47
Marshall D Spain rect offsetts 10.85
Elijah Shelton Good 2.62
J W Stokes not found 1.18
James Sample offsetts sued 5.00
John Trader not found 13.35
F Sannoner pleads payment and offsetts 6.66 and .96
J D Spain has offsetts .96
Saunders not found, Insolvent 6.29 and .62
J Tomberlin? sued and paid costs 1.64
Jno Senbrier Insolvent 41.12
Jacob Shepman pleads payment 19.90
George W Sneed pleads payment 84.52
John Trader? not found 1.00
George Sproul offsetts sued 11.00
Rountree not found 1.00
Old Southerlin Sued and paid costs .91
Nathaniel Thacker Insolvent and dead 16.00
Henry Thompson Good 8.37
Spencer Vaughn Insolvent 5.68 and 2.54
Presley Ward offsetts 12.21
Wm Whitsett Insolvent 6.57
Reuben Walker 15.75
W R Wood has offsetts 27.19
Tobias Whitehead not found .37
John H Woodcock pleads payment and offsetts 29.40
Wm Whitsett Insolvent offsetts 49.73 and 2.65
Alex H Wood 21.39
Buckner Williams sued paid costs .61
E Wyley not found 6.00
E Weaver not found 3.38
Col Ward not found 2.25
Presley Ward has offsetts 15.28
John Welch not found 6.17
Wilson at Ferry 2.38 not found
Jas Young has offsetts .87
Michael Young paid .50
James Young offsetts and rects 1.50
James M Gibson not found 29.34
No. 210 John Cox recovered 2.68

Page 259
A List of Notes

Wm Bucket and Mutree? Int Judgt 13.35
A Akin not found 4.75
Saml Beasley doubtful 2.50
A Austin dead and Insolvent 6.00
John Huddleston not found 43.75
Wm Martin not found 21.75
John Henderson not found 4.50
Wm Higginbottom not found 3.25
George Zachariah dlaims offsetts 10.00
E Parker? sued and paid costs 5.12
E K Hudnell not found 7.10
David Campbell not found 6.20
Isaac Butler has offsetts 2.18
Wm Whitsett Insolvent 6.00
Wm George Insolvent 22.00
George W Waid not found 5.00
J Gray not found 10.41
John C Docherty Insolvent 3.50
McDonald and English offsetts 45.00
Wm George Insolvent 13.78
D Berry not found 6.00
James Holligan Insolvent and dead 3.39
James Berry doubtful 3.50
Hugh Duffler dead Insolvent 3.00
Daniel McKinley pleads payment 10.00
James Irvine good 65.00
Wm George Insolvent 14.54
George Cockburn Sued paid Cash 11.85
Hugh Duffee decd Insolvent 5.87
Randolph Allsup not good 46.00
Jesse Cheatham not found Doubtful 33.00
Blk Simon Coffee Doubtful 1.62
Wm Bucket Doubtful 4.00
Wm McCowan claims offsetts 34.50
Wm Tellford Doubtful not found 58.31
Wm Harrison Doubtful not found 7.00
Wm Monroe and G K Dillion Insolvent 58.55
John Menor Not found 1.93
Williams not found Doubtful 5.00
Rainey? Belew paid

R N Crittenten rect for leather to sell on Comm 106.62
... We brought suit and he claimed offsetts and we obtained Judgt for
$28.94 paid $300? the balance is doubtful. Greater part will be good $8.00

Page 261

James Coalter claims offsetts 277.87
R Ellis and Collin Buford sued and paid costs 8.34
Wm Collier Doubtful 2.00
Wm Graham sued and paid cost 4.50
James Gordon has offsetts 2.27
Wm Collier?? Collid?? Doubtful 2.00
Eli Nations Doubtful 6.75
Wm Graham Doubtful 8.75
Edward Young Doubtful 7.32
Nation Thacker Doubtful 1.06
Thos Miles Doubtful 6.00
Saml Jones pd to R Rhodes 4.62
Thos Pruitt Doubtful 1.00
Abel Mentzer claims offsetts, doubtful 40.00
Presley Rhodes Constable and Securities 0
Lewis McBride in the hands of the above 4.87
Wm Williams and J S Allen sued and paid cost 15.28
Sanders Austin doubtful 9.75
John Roberts sued and paid cost 5.75
Elijah Reeves Doubtful in Rhodes’ hands 3.50
George Berdwell not found .50
Samuel Eavans Sued and paid cost 7.87
Hillory Curtis Insolvent 2.50
David Hooks Insolvent sued and paid costs 16.87
Martin O’Harra offsetts sued and pd costs 9.00
Isham R Leath sued and paid cost 9.12
Henry Cockburn, Shelby Polk offsetts sued Judt 18.50
John Boothe not found 4.83
Z Rose and A Rose offsetts sued Judgt 8.55
Ranson Beasley not found Doubtful 3.93
Joseph Terrill sued and paid cost 11.96
Canny? Cockburn Jas Benham Sued Judgt 2.62
Martin O’Harra sued paid costs 4.83
James Williams denied pleads payment 5.25
Thos Williams Paid 4.50

Randolph Allsup Rect for brother? to sell on com. out of his leather was
sold as belonging to estate of Thos H Allsup and returned in the Clerks
office as such to the amt of $333.53 due the estate (8.12 and 1187.25
due - balance of 853.66)

Thos Layton in R Rhodes hands 49.00 and 8.00
A W H Clifton sued paid cost insolvent 50.00
Jno Holcomb claims offsetts 63.00
J R Tanners due bill given to Amos Robinson for plank and sold to T H
Allsup disputed and doubtful Supposed to amount 135.25

Many other accounts - money due the estate - names of people (msw)

Page 262

One negro slave (a man) title disputed. The reason why said negro was
not retd in 1st Inventory

One lot of ground in the Town of Florence whereon the said Thomas Allsup
resided on which is erected a dwelling house and Tan Yard and buildings,
One lot in Town of Florence beginning at Garrards Corner North East,
thence north with Court Street to McDonald’s corner, so as to contain
one fourth of the ground bought by Brittain of the Cypress Land Company
to run west to the public lands by the Spring thence southwardly to
Garrard’s corner thence Eastwardly to the beginning Lot No. 305
containing 1.35 acres Lot No. 12 lying on Court Street and purchased of
Jonathan Rhodes one lot on Court Street also Lot No. 304 in the plan of
Florence containing three acres.

(Many other accounts - money due the estate - names of people) msw

Page 268

“An Inventory of negroes and lots sold by the admr of Thos H Allsup decd
on the 15 and 16 days of April 1828

Labun, a negro man sold to Wm H Ragsdale at $625.00
Salley, a woman sold to Margaret Allsup $600.00
Tom, a boy sold to Isaac C Tinsley $400.00
Milly, a woman sold to Henry Anderson $463.00
Carolina, a Girl sold to Henry Anderson $251.00

Sam a man was not sold, he being by the Sheriff by virtue of several
Executions

Lot No. 511 was sold to W W Garrard at $145.00
310, 304, 305 and 12 was not sold.

I certify that the forgoing is a correct return 28 April 1828 Hardy
Hightower Admr etc.
Sworn to and subscribed before me this 28 April 1828 W W Garrard Clk

An Inventory of the sale of the lots in Florence belonging to the estate
of Thomas Allsup decd sold on the first Tuesday in June 1828 in
pursuance of several decrees in the Court of Chancery.
April Term 1828 Lot No. 510 sold to Jno Kirk, Partrick and James
Foley??? for $600.00

Lot No. 304 sold to John Coffee for $45.00
Part of Lot No. 305 sold to W W Garrard for $127.00
Lot No. 12 sold to James C Davis $550.00
Total: $1322.00

Page 269

A list of claims against the estate of Thos H Allsup.

Jno Halcomb claim 323.16
Randolph Allsup 1155.00
English? and McDonalds claim 28.00
James R Alsups claim 25.00
Solomon D Spain’s claim 38.25
Total: $1569.31

Jno Philips 9.37
Wm Koger 9.00
John Key 4.75
W W Garrard 32.75
Jno Maws 24.12
Wm Whitsett 111.32
Zachariah 18.81
Wm H Ragsdale 10.00
Wm Kidd 1.00
Coalter and Irvine 35.00
Daniel Perry 4.50
Jno Halcomb use of 146.62
Abel Mentzer 62.93
Ferdinand Sannoner 5.00
Lynn Pendergraft note and interest 85.00
George Boggs debt and interest 137.00
Boggs and Buchannan 4.80
George Boggs Jr. 2.50
Presley Ward Debt and Interest 156.22
Wm C Brice claim 1.00
M & J Harkins debt and Interest 39.00
John Boyd 80.00
Zeblon Jenkins 21.65
Henry 105.50
Wm R Wood 26.56
Lynn and Pendergrast 2.25
?eems Estate 2.31
Ezra Webb 16.55
James Wheeler 140.00
Marshall D Spain 29.50
Ward and Craig 52.79

Others, including James Brittain, Thos McDonald, Henry Anderson, John
Simpson and Co., Hardy Hightower, Thos Hightower, George W Sneed, Nathaniel Leath,
Peter Bertrand, Wm McDonald Sr., Hugh McVay, Miles Brittain, Jno
Ashcroft, Isaac Butler, George Coalter (44.00), and the Bank of the
State of Alabama (1176.00)

Total debts: $6814.79

A list of claims settled by Hardy Hightower sett off more actually
balancing accounts which have been adjudicated and paid by offsetts

William Price paid one half 6.43
Bertrand in offsetts 1.17
John Craig and Ward and Craig 7.60
Thos Farmer in offsetts 11.00
Z Jenkins Set off 21.65
Thos McDonald set off 56.59
Coalter and Irvine 35.00
George W Sneed 172.56
James Gordon 9.87
James Benham 18.50
Peter Bertrand 3.12
Joseph Young 8.00
Wm McDonald 13.86
Buchanan and Sproule 3.25
Hugh McVay 13.00
Thos Hearlson 1.50
Miles Brittain 6.92
Isaac Butler 24.25


Page 276

August Term 1836
“... On the 24th day of Sept 1829 your orators exhibited their original
bill of complaint against Robert R Allsup (Hardy Hightower of Lauderdale
County, and Daniel Allsup and Randolph Allsup of Lincoln County,
Tennessee, admrs of the estate of Thomas Allsup - orators).

August Term 1838
“It appearing to the satisfaction of the court that the deft Robt R
Allsup had departed this life and the Compts had filed their Bill of
revivor against David C Cowan and Ephraim L Allsup the Executors of the
said Robt R Alsup decd.

Page 279
August Term 1845

Account of value of the hire of a negro man Dick from the 15th day of
April 1828 to 24 February 1839, the person hiring furnishing clothing
and paying tax: $1175.17

Page 281

“The said negro man Dick was in the possession of Robt R Allsup from the
15 April 1828 to the death of said Allsup some time during the August
term 1836 of this court ...

Page 284

“I have delayed sending for the slave Dick now confined in the Jail of
Lincoln County ...
A. Wright
“I have this day recd said slave Dick from said Sheriff and give this
receipt by virtue of the authority above vested by Archibald Wright Esqr
attorney for Complainants Nov 29, 1845.

Page 297

“... that said Thomas H Allsup departed this life intestate in the year
1826 leaving Margaret his widow, and Mary An, Orleans S, Louisa L, and
Margaret M his only children and heirs at law.”

Page 304

Lauderdale County

Your Orator Overton Kennedy and Orleana his wife, Margaret M Allsup, a
minor, by Overton Kennedy her next friend ...in __ filed their original
bill to which this is an amendment against Hardy Hightower, Randolph
Allsup and Daniel Allsup, adm. of the estate of Thos H Allsup, and John
Simpson admr de bonas

Thos Allsup departed this life early in the year 1826, leaving the
following named negroes to wit: Tabor, a likely active and valuable
negro man, Dick a likely active and valuable negro man, Tom an active
likely and valuable boy, nearly equal in value to a man, Milly a
valuable woman, Caroline a valuable Girl and Sally, all of whom went
into the possession of Hardy Hightower, one of the admrs and he then
said H did not sell them until April in the year 1828 - and altho he
hired them out for large sums of money to different persons, he has made
no account of said hire, in any partial or general settlement of his
said administration and your Orators here aver that he is justly
indebted for the same ....
Page 309 - O’Neal and Moore, Sol. for Complts

Page 309
Appraisement of the property of T H Allsup decd

Includes: tanned skins, slave, window glass, demijons, lime, raw hides,
saddle, bridle leather, rounding leather, upper leather, kegs of white
lead, beds and furniture, folding leaf table, square table, corner
cupboard, bureau, china press, beds and furniture, bureau, large chest,
family Bible ($5.00), lady’s saddle and bridle, bed and furniture, 6
Presidents, side board, china press, or Secretary and book case, 8
Windsor chairs, 4 split chairs, grindstone, wool hats, oven and skillet,
brass skillet, coffee pot and mill, pot rack, spinning wheel, pair of
gray horses, carriage and harness, bay mare, bay horse, man’s saddle,
plough and log chain, port tumblers, cupboard furniture, decanter,
pitcher and 2 small glasses, double rein bridle and martingale
Total value: $4505.39

Page 322
Hardy Hightower

After recounting his efforts and money expended as executor of Thomas
Allsup:
“Respt admits that it was a long time from the period he took out
letters of administration till said final settlement and that the
orphans court cited him to appear and settle by ? he did so he also
admits that creditors were pressing and importunate, but rests? had
other and better causes for delay than complainants have imputed to him
( and which respts ... had so little to do with the ... in this court
that as not waiving any right to exceptions, so fair as complete bill
charges him as holding out in contempt the process of the order ... His
reasons for delay were, that when he came into the administration of the
estate he found it involved in debt, his intestate had managed his
business in a very loose and irregular manner in settling it ... his co
admr became involved in suits both in Alabama and Tennessee when
respondant’s intestate had lived a few years before his decease and and
respondants being personally liable for the expenses of carrying on
those suits. And for ultimate costs, the extent of which it was not in
his power to ascertain till they would be ended, considered it would be
unsafe to make settlement before their termination and he was advised by
counsel not to settle untill these suits should be finally determined
but the importunity of ... rendered his situation so very unpleasant
that in the year 1838, he determined to resign even at the risk of
pecuniary loss, and this determination he carried in to effect in Nov
1838 by making his final settlement and then resigning, leaving to
others the final settlement of said estate which afterwards fell into
the hands of Jno Simpson.
Hardy Hightower 18 October 1848

Page 335

Deposition of Benjamin Harris

Asked to declare whether or no he had knowledge of Brice M Garner and
Thomas H Allsup being in partnership in the Tanning and currying?
business in Florence. Declare whether or no he was present at any time
with Allsup and Garner were talking about a dissolution of their
partnership. If there was any arrangement or agreement made at that time
in regard to Sam’s remaining with Allsup to finish leather.

Complainants objected to question about Sam - and other leading questions.
“I have been acquainted with Brice M Garner and Thos H Allsup since 1808
or 1809. I knew them in the state of Tennessee. I knew them both well in
this state, and Allsup at Florence. He only knew that they were
partners. “I was tho in trade with Garner for two negro boys and in some
way the question of Allsup who claimed the negroes came up and I went in
to see Allsup at the Tan yard about the negroes, and Allsup told me in
the presence of Garner that the two boys I was in trade for belonged to
him (Allsup) but that Sam belonged to Garner to which Garner assented.
...I took the bill of sale to the boy I bot. from both of them on
account of the uncertainty of the title.
“I know of no arrangement or agreement about Sam’s remaining to finish
leather. My understanding was that Sam was the principle workman in the
yard, and that Garner put him in, or got the value of his labor.

Page 337
Deposition of G W Jones and James Fulton

George W Jones - deposition at Fayetteville on 7 November 1850. Jones
was about 45 years of age. Jones was acquainted with Brice M Garner and
Robt Dickson, both now deceased. He became acquainted with them in the
later part of the year 1821. He knew Robert Dickson from that time to
the time of his death in the summer of 1833. He also knew Brice M Garner
until his removal to Alabama, and until his death. He thought Garner was
insolvent as early as 1822 or 1823. Didn’t know when Robert Dickson
became insolvent and doubtful in his pecuniary condition - possibly as
early as 1825 or 1826 - but not insolvent (at that time), he had for the
country in which he lived a great deal of property real and personal,
and did quite an extensive business in the several branches of Tanning,
saddling, blacksmithing and fanning? and so continued doing business and
holding property untill about July or August 1828 when he was sold out
by the Sheriff of Lincoln County, Tennessee and the Marshall of Middle
Tennessee.

Robert Dickson was safe, he thought, as security for $1200. until
1824-26 or any time prior to the month of June 1828. “My knowledge of
the business and condition of Robert Dickson, was derived from my
personal knowledge and observation of his affairs, having lived with,
and worked for him as an apprentice and as a Journeyman saddler from
September 1821 to about June 1830.
George W Jones, 14 November 1850

Page 338

Deposition of Wm H Duke, Andrew J Edmondson and Chas W Martin.

Questions about ?, residing near Pontotoc in Mississippi.
Deposition taken at Pontotoc, Mississippi on 4 May 1849.
Wm H Duke:
“He moved from Lincoln County, Tennessee some time in the fall of the
year 1834 to Mississippi and was solvent and in good circumstances as
far back as the said year 1834 when I first became acquainted with him.
My reasons for esteeming him solvent is that he owned and controlled a
good stock of goods, for a number of years had some 12 to 15 negroes, at
least, and other good and valuable property. He had heard Pinson speak
of being indebted but gave him no impression that he was insolvent.

Charles Martin:
-Known him for 14 years, since he moved from Lincoln County, Tennessee.
He owed a great deal, but that didn’t effect or impair his credit.

Page 342
Deposition of Joel Pinson
“I resided in Lincoln County in the state of Tennessee from the year
1809 to the year 1834 inclusive. I moved from that county in November 1834.

“It appears to me that the best answer I can make to this interogatory
will be to state the following facts. For some time previous to my
removal from Tennessee I had been a partner in a mercantile firm known
by the name of Pinson, Kincannon & Co conducted by H L Kincannon the
active partner. During the summer of 1834 we found it necessary to close
business, and make an assignment for the benefit of creditors of said
firm ... Between six and eight thousand dollars of my individual
property was also put into the hands of the Trustees, or applied
directly to the payment of the firm debts ... I was permitted to bring
with me to this state all the rest of my property leaving behind me
nothing that could have been made liable for any debts except such as
had been provided for by said deed of trust. ... . He was regarded as
being hopelessly insolvent - could have had a deficiency no less than
twenty thousand dollars.

“I have resided in Pontotoc ever since I removed from the state of
Tennessee. I have never been sued at law upon the bond mentioned in this
Interrogatory. I removed to and settled at this place in the fall of
1834. I have been the owner of property in Mississippi. I brought with
me from Tennessee and some household stuff for some years did an active
business as a merchant and have traded considerably in land, since my
residence at this place I have owned more than thirty sections of land
and at this time own more than five sections of land. My negroes have
increased by purchase and otherwise until their number at this time
would exceed thirty. But for the fact that I have made distribution of
more than half that number to my children I would say I am now solvent.
... Since he left Tennessee he had paid old partnership debt contracted
before he left Tennessee and unprovided for in said trust deed above
mentioned amounting to more than forty five thousand dollars including
interest. It required the labour of more than twelve years to accomplish
that object and at the same time to support my family. The last debt
within my knowledge having been paid in 1847 for more than half the
above period. I hardly dared to hope for success and I will add that my
success was I believe the result of a determined and well directed
effort sustained by the kindness and confidence of the Trustees who
succeeded in convincing our creditors that their true interest was to
wait and not to sue, and further this deponent saith not.
Joel Pinson 9 April 1850

Page 346
Interogatories of Wm Timmons and Wm Neelot at Fayetteville

Wm Timmons:
He knew Robt Dickson from 1806 until his death in 1833. When I first
knew him he was a clerk in a store for his brother Wm Dickson from the
year 1806 to the year 1810, after the year 1810, he established a store
in the town of Fayetteville... in copartnership with his brother Wm.
..He was not sold out by the sheriff for said debt of his brother Wm
Dickson but was sold out by the Marshall of said state in the year 1829
but was considered very solvent until the year 1825 or 1826 and after
said time he was considered doubtful.
Dickson had a house and lot and store house lot and some land near
Fayetteville owned now by John Burke, near 2100 acres, a tan yard in
Fayetteville, some negroes, somewhere near 20 in number and some other
property, etc..
He was very punctual to pay until he was considered failing and credit
good. He was considered to be very rich from the ... to the year 1826
and about that time he was somewhat dissipated and was not considered so
rich until he was sold out.

Page 348
Deposition of James Irvine
26 December 1849

Page 352
Deposition of Robert C Bumpass
“I was writing in the office of the Clerk of the County Court for
Lauderdale County during the month of November 1838. ... Recorded in
Book of Inventory, Letter “A” No 3, Pages 79, 80 and 81” - in his
handwriting

Page 359
Deposition of M C Gallaway
Lauderdale County, 13 May 1850

“I have in my possession a file of the Florence Gazette a newspaper
published in the Town of Florence .. for the year 1838 ...and from the
year 1832

Deposition of Wiley T Hawkins, Clerk of the County Court of Lauderdale
County, Ala.
James A Baker, one of the solicitors of Hightower was his son-in-law
since May 1849.

Page 366
Deposition of Almon H Mason 4 May 1848

He is the son in law of Hardy Hightower. He was present before the
Orphans court of Lauderdale County in 1838 when defendant Hightower made
final settlement with the court of his administration of the estate of
Thos Allsup.

Page 379

Master’s Report
In October 1826 Hightower hired out the negroes belonging to the estate
until 25 Dec. 1827 and made another sale of personal property - income
reported by Hightower.

Page 385
Master’s Report

6th The Complainants ask me to charge the deft Hightower (Hardy) with
the sum of $1197.93 being the amt of the purchase made by Michael Allsup
& Brice M Garner at the sale in June 1826 after deducting the payment
made by them on the grounds that the security taken was insufficient and
that the administrators were guilty of gross negligence in failing to
collect the debt.
Garner and Allsups purchases were consolidated and Robt Dickson and
George Coalter were taken as security on their notes. This note matured
on the 5 March 1827 and suit was instituted against Dickson Allsup and
Garner early in 1828, but it was continued by the defts from term to
term up to January 1829 when Judgement was recovered against them.
Execution upon this judgement was returned; no property found; Coalter
was not sued and it is admitted that he was insolvent on the 1st July 1828.
A good deal of proof has been introduced to show the condition of
Dickson and Coalter at the time they were taken as security and in
deciding this question I have endeavored to give all the testimony its
due weight as the proof will accompany this report. I shall not
recapitulate the statement of the witnesses but will simply remark that
I can come to no other conclusion from the Testimony than that the admrs
acted in good faith in taking the security in this case that at the time
they were apparantly amply able to pay the debt; nor do I consider that
he was guilty of such negligence in his efforts to collect the note as
would authorize me to under the instructions of the chancellor to charge
him with the claim on that account.

Page 387

“John Harrison was acquainted with the negro boy Dick who was sold by
Hightower to Robt Allsup of Tennessee. He is a strong faithful negro, a
No. 1 Boy, would have hired from 1828 forward some years from one
hundred and twenty to thirty dollars and some other years for not more
than one hundred dollars, can’t state what the negro for in 1828-32 but
supposes he would have hired for over a hundred dollars. In 1833 witness
thinks he paid one hundred and twenty dollars for a negro man.

“Horace Summerhill has been hiring negroes since 1829. Can’t state what
negroes was worth in 1830-36. Hired 3 negro men about the year 1837 for
$394 - at the same hiring Dr. Stewart got 1- men for less than witness
paid, can’t say how much less. He afterwards paid as high as $142. for
negro men and he also hired as low as $72. the hire of Negroes - varied
with the price of cotton from 1837 to 1845 was low there was allways a
demand for negroes and rates of hiring was higher than the price of
cotton justified the negro witness hired for $72 was a runaway and hired
for ten or fifteen dollars less than a No. 1 man - he was present at the
hiring and proved to be a No. 1 man. Horace Summerhill

Page 388

Andrew Amonett - was living in this county in 1839 negroes hired in
January 1839 publickly No. 1 men hired for over one hundred and thirty
dollars was at but one hiring in that year. Knew negro man Sam before
Allsup’s death and saw him in Hightower’s possession between the years
1825 and 1830 and after the sale of said negro to David Houston the Boy
Sam is the same negro now in possession of Dr. James W Stewart at his
tan yard near Florence.

John Murphy
Has known Boy Sam some fifteen years. He is a Tanner and Courier?
Currier? Witness hired Tanners and couriers from 1826 to 1834 and paid
from $240 to $300 for a man about equal to Sam, he paid $300.00. These
were white men. Negroes would not have hired for quite so much.

Abram Dean
Witness hired negroes in 1831 - 1835 for about one hundred dollars pr
year. The negros were employed on public works and hired for higher?
rates than negros on plantations. Hirers made a difference of 15 or 20
dollars a year.

Baylor B Barker was licensed as an auctioneer in 1839. From 1839 to 1845
Negros hired for about one hundred dollars a year. This sum was a fair
average the hiring to Summerhill was not a fair criterion of the value
of Negros in my estimation, from the fact that Summerhill was usually
run upon by bidders more freely and to a greater extent that I have
observed it in others who were bidding because Mr. Summerhill was
considered a hard master. In speaking of Mr. Summerhill as above I make
no allusions between 1837 and 1839.

Page 389
Michael Olive Lived in this county since 1828 - has no recollection
before the year 1834 as to the hire of negros. good negro men would have
hired for about $100 - from 1834 up to this time.

Peter R Garner, son of Brice M Garner. His father became insolvent in
1823. It was generally known that his father and Thos H Allsup was in
partnership in the tanning business for several years - Some time before
Allsup’s death the partnership was dissolved and after the disolution
the negro Sam came into the possession of Brice M Garner. Sam remained
in said Garner’s possession for some time at Fayetteville, Tennessee. He
finally ran away and came to Lauderdale County where he was levied upon
and sold as the property of Brice M Garner. Can’t say whether Sam came
into his father’s possession before or after Allsup’s death. Brice M
Garner was in partnership with Allsup in Florence after he had become
insolvent in Tennessee. His father commenced breaking in 1818 but did
not become insolvent until 1823. Witness in speaking of the failure of
his father refers to his failure in Tennessee where he then resided. Was
acquainted with Robt Dickson of Fayetteville Tennessee. Dickson was
reputed to be very wealthy until some time in 1828. In May 1828 he
confessed a judgement to his brother Wm Dickson of Greenville East
Tennessee and up to that period he was considered very wealthy.

Page 389
Thomas Kirkman’s Testimony

Thos Kirkman was acquainted with Brice M Garner in his lifetime; Knew
him in 1820, he was then reputed to be solvent; he became insolvent
prior to 1823. Knew the Boy Sam he was in Allsup’s possession at his
death, and after Allsup’s death Witness served an execution upon him as
Allsup’s property, said Negro was in the possession of Hightower, Admr
when levied upon at the Admr’s sale of Allsup’s property. Witness
insisted that his execution against Allsup should be satisfied but Mr.
Hightower urged him to let the sale go on and agreed to reserve the
negro Sam from the sale that he might be levied upon by Witness.
Knew George Coalter in 1821. He was then in the estimation of the
public, embarrassed and in doubtful circumstances. Witness sued Coalter
in the fall of 1821 for $1200.00 and collected the money.
His credit grew worse afterwards and was allways considered doubtful. He
was a lawyer doing a good practice in 1826. Witness knew of no
executions being returned against him unsatisfied in 1825 or 6. His
credit was declining all the time from 1821. Coalter in 1826 was living
on the lot now owned by Dr. Todd, and either lived in the large house on
said lot, or moved into it afterward, and was the ostensible owner of
the same. He was also the owner of a negro girl, Horse, Household
furniture and other property usually owned by House Keepers.
The house built by Coalter could not have cost less than $4000.00 and
perhaps more. Cant say whether Coalter had paid for the lot he occupied.
It was not a matter notoriety as to the payments for Town property.

Page 390

J M Cunningham Testimony

... acquainted with Alex Shields all the time he lived at Rogersville
.... Shields was a mechanic in moderate circumstances .... Shields had
such property as was necessary to keep house and carry on the trade of
cabinet making which he followed.

Page 390
James H Weakley:
Knew George Coalter. He made the deed of trust to witness (this deed was
produced and read in evidence) for the benefit of the Cypress Land
Company and Hugh Campbell at the time it bears date. Witness sold the
lots under that deed. The sale amounted to $3972 - on a credit of 9 and
18 months. This sale did not pay the debt to the Cypress Land Company.
The Cypress Land Company generally sold their lands and lots, and gave
bonds for titles - deeds to be given on payment of purchase money. Can’t
say such was the case on the sale to Coalter. He knows of no exception
to this general rule except amongst the Trustees themselves, tho there
may have been such exceptions.
The Books of the Cypress Land Co show that Coalter was indebted to the
Company to the amount of $5637.12 - on the 14th Decr 1827. Witness knows
of no transaction between the Cypress Land Company and Coalter except
the purchase of lands and lots by the latter for which the debt above
spoken of was treated. The Cypress Land Company dealt in nothing but
lots and lands and Ferry rights; don’t know whether Coalter was a stock
holder in the Cypress Land Company. James H. Weakley
The original papers in the Case of the Cypress Land Company vs Coalter
were read as evidence by Complts.

Page 391
Saml Caruthers deposition

Saml Caruthers was acquainted with Michael Allsup in the State of
Tennessee Lincoln County in 1825 and 1826 ... Allsup was a Blacksmith ....

Page 391
Davis Smith Testimony

Michael Allsup left witnesses’ neighbourhood in 1830. He was a poor man
but good for his contracts. He was a blacksmith by trade and had a set
of tools with which he worked; he had no land.

Page 391
Charles Sullivan deposition

Chas Sullivan taught school in Florence from Oct 1825 up to the spring
of 1828; heard George Coalter spoken of as a leading lawyer. He was
building a fine house in 1826 in Florence; Had no knowledge of Coalter’s
reputation as to property.

Page 391
Thomas J. Crow’s deposition

Thos I? Crow has resided in Florence since the year 1821 excepting a few
years spent in South Florence. Lived here in 1826; knew George Coalter
in 1826; worked for him while he was building his dwelling house.
Thinks Coalter’s credit was good but believes he was considered a slow
pay master. His general credit was fair supposes he could have got
credit at any business house in Town. Coalter’s credit was good up to
1828 or about the time he left here. His circumstances were then
embarrassed.
Witness is a carpenter by trade and worked on Coalter’s house; built by
Coalter; cost some five or six Thousand dollars; thinks the building the
house was the cause of Coalter’s failure as he was hard run from about
the time it was finished. Coalter had a negro girl but witness knew of
no other property belonging to him. He was a lawyer doing a good
practice. Witness was never about Coalter’s house much. He may have had
other property unknown to him. Thomas I? J? Crow

Page 392
Dr. Todd’s testimony

Dr. Levi Todd has lived in Florence since 1821 - was acquainted with
George Coalter in 1826. His general credit in 1826 was good. Coalter had
a house and lot in Town and a farm and some negroes in the Country, but
can’t state that he owned the farm in 1826. He may have sold it before
that date. Witness now owns the house built by Coalter.
It is large and well built and must have cost between eight and twelve
thousand dollars - building this house was said to be the cause of
Coalter’s failure as he became embarrassed about the time it was finished.
Don’t know that Coalter was insolvent until he left here. Levi Todd

Joseph Ijams’ deposition
Joseph Ijams came to this county in 1824 and became acquainted with Col.
George Coalter in the Spring of 1825. Was acquainted with his general
credit; It was good up to the fall of 1827 when he began to fail. Joseph
Ijams

Complainants and defendents admit that George Coalter was insolvent on
the 1st day of July 1828.

Final Decree. Chancery Court of Lauderdale County, Alabama Feby 2nd, 1852
Overton Kennedy et als vs James A Baker Admr of Hardy Hightower and others:

Complainants, heirs of Allsup, recover of James A Baker, administrator
of the estate of Hardy Hightower decd the sum of $4682.99 and also the
costs of this suit.

E D Towns, Chancellor

Page 393

Thomas Kirkman vs Martha Andrews et als

“By said will (of James Jackson), your petitioner James Kirkman, Sarah
Jackson testator’s wife, and Andrew Jackson, one of his sons, are
constituted for certain purposes therein named as well as executors
generally. The said Andrew refused to qualify as such Executor or to
take upon himself any of the trusts conferred upon him by said will, but
all of the others named did qualify, and the said James Kirkman since
died, the survivors of those qualifying having by the terms of said will
all of the powers granted to all the Executors named. But
notwithstanding the said James Kirkman and Sarah Jackson qualified
neither of them ever took upon themselves any of the trusts created by
said will nor has the said Sarah ever acted as executrix thereof. So
that in fact your petitioner is the only acting executor and trustee
under said will.”
“By the terms of said will, a large property both real and personal was
vested in the trustees aforesaid for certain purposes therein named and
expressed and said trustees were directed to ascertain at the close of
the year 1837 the aggregate amount of the property which formed the
trust estate and divide the same in to ten equal parts for the benefit
of the children of said testator to wit, Andrew Jackson, James Jackson,
William Jackson, Alexander Jackson, George Jackson, Jane Jackson, Sarah
Jackson (now Sarah Polk, having intermarried with one Rufus K Polk who
has since died), Martha Andrews, Ellen Hunt, and his grandson James I
Kirkman being one tenth to each one named.”

Portions of various heirs described.

P. 395 - All heirs, including grandchildren, named.

Page 396

Will of James Jackson - Composed on 27 February 1838. Proved on 1
December 1840.

P. 408

Testimonies of heirs, taken in April and May of 1851.

Page 411
Martha Andrews’ answer

“The answer of Martha Mitchell, formerly Andrews, to the petition of
Thomas Kirkman in said court filed against her, Ellen Hunt, and others.
Saving and reserving etc. this respondent for answer to sid petition or
to so much thereof as she is advised it is material for her to answer
unto answering says. She admits the said Thomas to be the only acting
executor and trustee under the will of her father, that he also has
taken upon himself the trusts created by said will for the benefit of
her and her two sisters Ellen and Sarah. She admits the decease of her
husband Robert Andrews and that he left living the children named in the
petition (James, Robert and Sarah) and she admits the marriage of Sarah,
the death of her husband as well as the death of Jane Jackson as stated
in the petition. She admits that said Thomas purchased the interest of
said Andrew Jackson in the trust Estate as by him stated in his petition
which she then and now approves of.

She admits the division made by said Kirkman in 1848 and the sale then
made by him of her part of the trust estate and so far as she knows or
has reasons to believe the acct of said sale as exhibited by him as part
of said petition she believes and admits to be true. She admits the
impracticability of making an investment in Bank stock as by the will of
her father directed and collection of the money so far as the same
remains uncollected, of respondent’s part sold, has been delayed at her
request after passing upon the account of said Thomas and making
suitable compensation she has no objection to his removal and discharged
from the trusts as by him prayed in his petition, and as a suitable
person to take charge of her interest she recommends _____ of ____. And
having fully answered she prays to be hence dismissed etc..

The State of Alabama, Lauderdale County
“Before me Sterling A M Wood Acting Justice of the Peace in and for said
county, this day came Martha Mitchell and makes oath that the facts as
set forth of her own knowledge in the foregoing answer are true, and
those set forth as on the information of others, she believes to be
true, and also came William H Mitchell, the Husband of said Martha
Mitchell who on oath states that he is the husband of said Martha, that
he hereby makes himself a party to said bill or petition of Thomas
Kirkman, and that he adopts the foregoing answer of said Martha Mitchell
as his own in all respects, and asks that it may be so considered and held.
Sworn to and subscribed before me this 11th day of April 1852
Signed: Martha Mitchell, William H. Mitchell

Page 413

“To any sheriff of the state of Alabama. Greeting.
You are hereby commanded to summon Abram D Hunt, Ellen Hunt and their
minor children, Sarah M Hunt, Kate G Hunt, Mary K Hunt, Ellen Hunt,
Elizabeth and Ann Hunt, all whom are minors if to be found in your
county...” To appear in court to answer the bill of complaint of Thomas
Kirkman
31 March 1851

Page 413

“You are hereby commanded to summon Martha Andrews and her children
James J Andrews, Patterson Bell Andrews, Robert Andrews and Sarah
Andrews, all of whom are minors if to be found in your county that they
laying aside all excuse personally appear before our next Court of
Chancery to be held at Florence in the 28 Chancery District in the
Northern Chancery Division of said state on the second Monday in May
next and that they within thirty days after service of this writ answer
according to law .....
Issued the 31st day of March 1851
“I acknowledge legal service of this subpoena for myself and my children
James J Patterson, B. Robert and Sarah Andrews all of whom are minors
under the age of fourteen years and reside with me.
April 8th, 1851 Martha Andrews

Page 414

Statement of consent of Mary K Hunt taken at Philadelphia, Pennsylvania
on 27 April 1852. Neander H Rice appointed as her Guardian Ad litem. -
Rice also appointed guardian for Sarah and Kate Hunt, who were in
Lauderdale County.

Page 415

John S Kennedy accepted guardianship of Elizabeth Hunt, Anna Hunt, Ellen
Hunt, Sally Polk, Patterson B Andrews, James J Andrews, Robert Andrews,
Sarah Andrews, minors under the age of fourteen years and defendants in
this cause.
May 3, 1852

Page 415

Statement of Sarah Jackson 13 May 1851
Admits that the things Thomas Kirkman said in his statement are true,
and knows of no reason why Kirkman should not be dismissed from the
trust, as he requested.

Page 419

Orders by Chancellor, E D Towns.
Account of funds to be given by Kirkman.

Page 422

“I further report that the usual allowance to trustees has been waived
by the said trustee Thomas Kirkman, that he is willing desirous that the
trust property aforesaid should be chargable with 2 1/2% on the amt of
bill, received by him as such trustee instead of on all funds recd by
him of all monies paid out so allowed by law in compensation of duties
devolving upon trustees and performed by them. I therefore report and
state the trustee intitled to 2 1/2% on the amt of bill, recd by him for
the sd Martha Andrews (now Mitchell), which amt to the aforesum of
$14475.30 - 2 1/2% thereon $361.87 which said sum of 2 1/2% commission
is to be deducted out of the sum heretofore ascertained to be in the
hands of sd Thos Kirkman on account of said Trust sale.”

Kirkman also received 2 1/2% of funds of Sarah M Polk and Ellen Hunt.
(Other funds and trustees described.)

“I further report that the cost of this suit amt to $33.85 ....
J Coffee Simpson, Register

Page 423
Final Decree

Resignation of Thomas Kirkman, trustee, to be accepted. Abram D Hunt
appointed trustee for his wife, Ellen Hunt, upon his entering into bond
in the sum of thirty thousand dollars with good resident sureties to be
approved by the Register, conditioned for the faithful performance of
his duties as such Trustee, and that he hold as such Trustee all the
Trust funds devised and bequeathed to said Ellen Hunt by the will of her
father, James Jackson .....”

William M Jackson appointed Trustee for Martha Mitchell (formerly Mrs.
Andrews) and Sarah Polk - bond of $30,000.00 ...’ Thomas Kirkman, within
thirty days of the adjournment of this court to pay and deliver over to
the Register of this Court the Bills of Exchange reputed to be held by
him as Trustee for said Ellen Hunt, Martha Andrews and Sarah Polk, also
the several sums of money respectively reputed to be due by him as
Trustee to each of said parties .....

“It is further ordered adjudged and decreed that the said Kirkman pay
the costs of this suit as reported by the Register, including the
allowance reported as reasonable fees for said Kirkman solicitors and
the further sum of one hundred dollars allowed to the Register and
Master for taking and reporting the account of said Kirkman as Trustee;
and that said Kirkman reserve the sum so paid by him out of the trust
funds in his hands, one third from the funds of said Ellen Hunt, Martha
Mitchell and Sarah Polk severally and that he be credited therefor in
paying over the trust funds as above directed, and if he fail to pay the
same that execution issue therefor.

It is further ordered that said Abram D Hunt and Wm M Jackson report to
the next term of this court the funds which annually come to their hands
as Trustees under this decree, and that they hereafter report the
condition of said funds as may be directed by the court.

E D Townes, Chancellor