Rutherford County NC Archives Rutherford Co Court Minutes photocopied from the original records. Page ??? Kelly WARD, Ex-partee, October Term 1851 It is ordered in this caus tht the Clerk & Master take proof a to the number of children Benjamin WARD left and how many if any of them have died and at what time they died and report at the next term of this court if practable. Court term adjourned until tomorrow morning at 9:00 o clock Thoma L. WILLIAMS Friday morning October 24, 1851 Court met ???? & adjournment, present the Hon. Thomas L. Williams ???? & other officers of the court. Rutherford County Tennessee Chancery Court Minutes Page 113 Book A [Note this book mislabeled as Book B] Thursay Morning, April 29th, 1852 Court met pursuant to adjournment. Present Hon. B.L. RIDLEY, Chancellor. Kelly WARD & Others Decrce--Ex-parte Be it remembered that this cause came on for hearing before the Hon. R. L. RIDLEY on this 29th day of April 1852 upon petition filed at the last term of this court & upon the report of the Clerk & Master made at the present term which report is in the words and figures following to-wit: Kelly WARD & Others -- Ex-partee In this cause, the undersigned reports that the children of Benjamin WARD are entitled to $1050 - less the costs - that said Benjamin WARD died in 1820 and before the death of Wm WARD which took place in 1833 and that the said Benj left 10 children, three of whom died before the said William WARD, to-wit, Mrs. WEBB, Mrs. MARLOW and Duke WARD and that Daniel WARD, Jesse WARD, Kelly WARD, & James WARD are still living, that Nicodemus WARD died 3 or 4 years ago, that Benjamin WARD[Jr.] died 14,15, or 16 years ago & that Wm WARD died without ever having been married but the time of his death is not known. -- James F. Fletcher, C & M The court being satisfied that said report is in all things correct doth order adjudge and decree that the Clerk & Master after paying the cost of this proceeding out of the fund reported as in his hands, he shall pay the balance over as follows, to-wit, to Daniel WARD, Jessee WARD, Kelly WARD & James WARD each one seventh , (1/7) of the amount in his hands to the heirs of Nicodemus WARD one seventh to the heirs of Benjamin WARD (son of Benjamin WARD Senior) one seventh. The Clerk & Master will also pay over to Daniel, Jesse, Kelly & James WARD each (1/9) of the amount to which William WARD would be entitled if he were alive to the heirs of Nicodemus WARD one ninth (1/9) to the heirs of Benjamin WARD one ninth (1/9) and that he retain in his hands, the remaining three ninths to be paid to the heirs of Duke WARD, Mrs Susan WEBB & Mrs Celia MARLOW in the event it shall appear hereafter that they are entitled to receive it. Page 137 William MAJORS Vs Isaah ROBINSON, Baker WRATHER & his wife Lavina formerly Lavina GREEN, Landen A. KINCANNON & his wife Cyrena G., Susan WOOD, William M. FRENCH & wife Sarah, Wm BLACK, Wm S. SUBLETTE & wife Ann, and Marcia MARLOW & John MALONE Executor & Executrix of Wm A. MALONE dec'd and James M. AVENT, Admin of Thompson WARD, dec. In this cause the death of John MALONE Co-executor with Maria MALONE of Wm. N. MALONE dec'd is suggested -- And the death of Susan WOODS one of the defendents having been suggested at the last term of thi Court & Complainant aking no decree against her or her security. The suit is therefore continued against Maria MALONE surviving Executrix of Wm. N. MALONE, and abated a to Susan WOODS. Wm MAJORS vs Isaah ROBINSON , Baker WRATHER and wife Lavina, Landon A KINCANNON and wife Cyrena G., Wm. M. FRENCH & wife Sarah & Wm BLACK trustee Wm. L. SUBLETT & wife Ann, Maria MALONE surviving Extrx of Wm N. MALONE & Jas. M. AVENT. Be it remembered that this cause came on to be heard before the Hon. B. L. RIDLEY, Chancellor on the 29th day of April 1852 upon Bill answers, replication & proof when it appeared to the satisfaction of the Court that William MAJORS was the duly and legaly appointed & qualified Administrator of Mary WARD dec'd with the will annexed. That Isaah ROBINSON, Lavina GREEN, Cyrena G. KINCANNON, Sarah FRENCH, Ann SUBLETTE & one Susan WOODS were legatee to whom the said Mary WARD devised & bequeathed the whole residue of her real and personal estate after the payment of a specific legacy each to have an equal share. It appearing that in course of Administration the complaintant paid over to each of said legatees their shares of said estate amounting to the sum of twelve hundred & sixty four dollars to each & took refunding bonds in the penalty of $25,28 each and conditional to return their valiable part of any debts or debts that meyst thereafter be sued for or otherwise duly made to appear. That none of said bonds except that of L.A. KINCANNON & wife had more than one security. That Susan WOOD and Lavina GREEN since intermarried with Baker WRATHER one of the securities of the said L.A. KINCANNON & wife Cyrena. That Wm N MALONE dec'd the testator of Maria MALONE was the security of Wm S. SUBLETT & wife Ann. That Robert BOOTH was security of Issiah ROBINSON. That Lavina GREEN now Lavina WRATHER was the security for Susan WOODS. That Susan WOODS was the security for Lavina GREEN & also for the said Wm. M. FRENCH & his wife Sarah. That after paying over said legacies the said Wm MAJORS as Administrator of said Mary WARD had presented to him a note on his testatrix payable to one Thompson WARD who resided in the State of Kentucky. That at the request of Defendents, the said Wm MAJORS refused to pay said note & defendent suit and contested the payment thereof at-Law. That judgement was received against hi a Administrator of Mary WARD by James M. AVENT, Administrator of the said Thompson WARD on the 15 day of July 1846 for the sum of $1213.33 and the further sum $11 12/100 costs of suit. It appeared that the said Wm MAJORS had no assets to pay said judgement that he pleaded the same but was prevented from hearing the issue found in his favor for the reason that the refunding bonds taken by him were defetive in the judgement of the Court for the reason of having but one security. It appeared that said legatees refused to contribute their noteable part of said debt & that the said Wm MAJORS ha paid the ame out of his own monies. The Court is therefore of opinion that defendents are liable to contribute and that complaintant has the right to be substituted to the wrights against the securities of said Legatees that James M. AVENT Adm of Thompson WARD had aforesaid refunding bonds. It is therefore adjudged & decreed that the said William MAJORS recover of the defendents their due portion of the judgement o recovered against him as Adminitrator of Mary WARD by James M. AVENT, Admin of Thompon WARD and that he be also substituted to all the rights of said James M. AVENT Administrator & against defendents & their securities on said refunding bonds. And it further appearing tat the said William MAJORS brought his several suits upon said refunding bonds at Law in which said several suits he was defeated by reason of bringing suit in the wrong forum, the said suits being brought on account of the refusal of said defendents to contribute & pay their noteable proportion of said judgements whereby he was put to great cost & expense. It is therefore also adjudged and decreed that he is entitled to recover from said defendents the costs of said suits at law. And it further appearing that at the time of the recovery of said judgement against the Complaintant by the said James M. AVENT, the said Wm MAJORS had a small of assets in his hands and that subsequent to the payment of said judgement other assets have come to his hands but not sufficient to pay said judgement it is therefore decreed by the Court that the Cerk & Master take & state an account between the parties charging defendants with the amount of the judgement and costs recovered by the said James M. AVENT & with the amount of costs paid by the said William MAJORS on account of said suits at Law & crediting them with the amount of assets in the hands of the said Wm MAJORS or secured by him since the rendition of the judgement against him & striking the balance that he show the proportion of each one of said defendants and report instante to the present term of this Court. And the Clerk having reported in the words and figures following to-wit: Wm MAJORS Vs Isaah ROBINSON & Others -- Report Amt of Judgement & cost vis MAJORS in Circuit Court on the 13th day of July 1846 $1224.48 from which deduct assets found in hands 74.91 ________ Due MAJORS 13th July 1846 $1149.54 Interest to 1st Jan 1848 100.58 ________ $1250.12 Deduct amount received from MALONE -407.00 ________ Amount due MAJORS 1st July 1848 $ 843.12 to 1st May 1852 219.18 ________ Whole amount due MAJORS 1st May 1852 $1062.30 ________ The one sixth of amount due from each defendent $ 177.45 Respectfully J. F. FLETCHER C & M I find the whole of the costs paid by MAJORS to be in the suits at Law $165.74 The one sixth of which is 27.62 To which add $177.45 _______ Respectfully submitted James F. FLETCHER, C & M Which report not being excepted to is in all things confirmed. It is therefore decreed that the Complaintant recover of the said Isaaiah ROBINSON Two hundred & five dollars 07/100. That he recover of Baker WRATHER & wife Lavina Two hundred & five 07/100 dollars. That he recover of L. A. KINCANNON & wife Cyrenia G. & Baker WRATHER & his wife Cyrena G. the sum of Two hundred & five dollars 07/100. That he recover of Wm M. FRENCH & his wife Sarah the sum of Two hundred & five 07/100 dollars to be paid out of the property of said Wm M. FRENCH & his wife Sarah in the hands of the trustee Wm BLACK or whoever may now be trustee and that Complaintant recover of Wm S. SULBLETT & his wife Ann out of the estate of Wm N. MALONE in the hands of the said Maria to be Admisisters. That the defendents also pay all the costs of this cause for which as well as the several sums here decreed several executions shall issue. It is further ordered that Wm MAJOR deliver to the Clerk & Master the insolvent note in his possession belonging to the estate of Mary WARD dec'd to be disposed of as the parties interested may elect. From which decree B. WRATHER & wife & Issiah ROBINSON & that they have until the next rule day to give security. ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Linnea on October 22, 1999 ====================================================================