McCall vs. McCall
Transcribed by Judy French
Alexander McCall died in 1833 without a will.† His sons, Dr. John and Dr. Alex and the widow of Dr. Martin, brought an action against brother, David, and their mother, Mary Ann Elizabeth, and other siblings for a better share of the estate.† My ancestor in all of this was Dr. Joseph, listed as
Living in Rhea County.
Alexander, Sr., had been listed in some of his father-in-law's (MartinArmstrong) transactions as "attorney" so it is strange that both he and his wife died without leaving a will.
The court papers were copied from the originals in the vault in the Smith
County Library in a Court Minutes book covering 1830's and 1840's.
[pg 474]† To the honorable Thomas L. Williams, chancellor for the eastern division of the State of Tennessee sitting at Carthage, Humbly complaining your orators Alexander McCall of Washington, Virginia and John McCall of Smith County Tennessee in his own right and as guardian of Rob't McCall & as guardian also of Alexander M. & John H. Bowen minor children of Mary Bowen, decíd formerly Mary McCall ________
[pg 475] to the court that Alexander McCall Senr died about the year of 1833 in Smith County possessed of considerable estate both real and personal leaving your orators Ė David McCall & Mary Ann Elizabeth McCall widow of said Alexander decíd of Smith County and Joseph McCall of Rhea County Tenn & Sarah, Mary, Thomas & Martin McCall minor children of Martin McCall decíd whose widow Sarah McCall is guardian for said last named minors and lives in Giles County Tennessee & Thomas B. McCall and Ann McCall his only heirs at law & distributes that said David and his mother the said Mary A. E. McCall the widow of said Alexander decíd administered upon the estate of said Alexander decíd & that there has not yet been a final distribution of said estate by said adminís amongst said distributes.† Since the death of said Alexander decíd Thomas McCall has departed this life in the state of Mississippi without issue or without legal representatives know to complaints.† It was the custom of the said Alexír decíd in his life time to advance to each of his children as they grew up such sums of money as they need financially stood in need of for the purposes of education and other necessary expenses incurred for them.† Some of the children however recíd a much larger amount of advancements than others.† Your Orator Alexander recíd in expenses for education (etc) about the sum of $2500 paid to him and advanced for him at ________ times during his minority.† Your orator John recíd about the sum of $1350.50 including the sum of about $90 which said Martin recíd upon a note for which your orator John holds said Martinís receipt which he prays may be taken into account hereafter also to said Martin in his life time abut the sum of $1000 in defraying expenses (etc) for education and other necessaries and to some of the others children said Alexander decíd advanced other and different sums of money and to some of them he also advanced property as well as money but what particular sum of money or what particular article of property he advance to each your orator cannot here state precisely but will endeavor to show before the clerk and master upon taking the accounts as the Hon Court may ______.†
[pg 476]† Your Orators Alexander & John McCall show to the court that said Admrís of said Alexander decíd claim from them as follows to wit from your orator Alexander the sum of $1500 re___ a note which he gave to his father the said Alexander decíd for that sum on the 16th day of March 1833 due at 12 months after decíd had advanced to your orator Alexander over and above the $1000 which sum said Alexander decíd intended to advance to each of his children & which two sums being added together makes the sum of $2500 the amount which your orator Alexander admits was advanced to him.† They claim from your orator John McCall about the sum of $1350.50 up an account which was found amongst the valuable papers of said Alexander decíd charged against your orator for sundry sums of money advanced to him and laid out for him by the said Alexander decíd from the year 1813 up to the 1833 about the time of his death.† Your orator further states that the said Alexander decíd in his life time advanced to the said Martin about the sum of $1000 of which sum the admrís seem to insist ought to be taken into the account of said admrís in making distribution of the estate of said Alexander decíd as well as all sums of money & items of property advanced by the said Alexander decíd to each of the children estimating the value of the property at the time the property was given.† Your orators charge that it was the intention of said Alexander decíd to make the advancements to each of the children as nearly equal as possible by advancing to each the sum of $1000 & whatever sum or sums recíd by any of the children or property so by them recíd of value above that sum be the said Alexander decíd required such child or children so receiving such excess over and above $1000 to account to him for such excess.† Your orator Alexander being the oldest & having retired from his father had liquidated the account between him & his father & had executed his note as above stated for the sum of $1500 which was the excess he had recíd over and above his $1000.† Your orator John at the request of his father had kept the account of his advancements & had furnished it to his father for liquidation before the death of said Alexander
decíd which is the same account above referred to of $1350.50 found amongst his valuable papers by his admírs which account covered the $1000 intended by his said father for his special advancement & show that he, your orator, had recíd an excess of $350.00.† Thus sum also includes the $90 above referred which fell into the hands of said Martin in his life time & which your orator John insists ought to be allowed him out of the distributive share of said Martin in the hands of said admírs unless it shall appear that said Alexír decíd settled that amount or that claim with said Martin in his life time in liquidating with him for his special advancement of $1000.† In that event your orator John insists that he ought to have a credit with said admírs for said $90 as he is charged with that item in the account above referred to which account would have been liquidated soon after it was furnished to said Alexander decíd but for his unexpected death immediately afterwards.† Your orator Alexander is only chargeable with said admírs for the amount of said note of $1500 being the excess over and above his $1000 advanced by his said father but your orator John stands charged as aforesaid with the $1350.50 including his excess & advancement both and said admírs have no account whatever against said Martin for the amount of advancements made to him nor indeed have they any accounts against any of said children for advancement to them by said Alexander decíd. except as against your orators John & Alexander.† Nonetheless your orators charge that said Alexander did advance in his life time various & large sums of money to most if not all of said children & to some he advanced property of considerable value.† Some having recíd more & some less according to the age and necessities of the child or children.† It being the intention of said Alexander decíd to give each the sum of $1000 either in cash or its equivalent by way of advancement he requiring them to account to him for any excess above that sum as will fully appear by reference to exhibit A herewith filed & made a part of this bill which your orators charge is in the proper hand writing
[pg 478] of said Alexander McCall decíd.† The p--------- considered your orators pray your honor to decree an account to be taken before the clerk & master showing the amount of advancements made by said Alexander decíd to each of said distributees & that the balance against each be struck & that each distributee be made to account for what he or she may have recíd as well by way of Special advancement as any excess over and above what Alexander decíd may have intended to give to each as special advancement that all of said distributors be made defendants to this bill & that they answer the same according to the order & practice in Chancery that proper process issue and grant to your orators all such other and further relief in the p---------- or the nature of their case may require that equal be administered to all concerned & that the costs be paid by said admírs out of the funds in their hands for distribution and as in duty bound they will ever pray.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Hubbard & McClain
Your orator by amendment to their said bill further to your honor that at the Feby Tenn 1840 of the County Court of Smith County letters of administration were granted to said David McCall upon the estate of said Thomas B. McCall & before the estate of the said Martin McCall decíd.† They pray that said David as adminír & as aforesaid may be made defendant that process issue and that he answer ___ and also that he state the payments if any were made by him as administrator of Alexander McCall decíd to either of said intestates in their life time ___ and they pray for other & further relief __ in the pr______.† McClain ______ for Am___.
Settlement with the Administrators Alexander McCall decíd --- We the commissioners appointed by the Court of Smith County at the Augt Tenn 1837 to examine the accounts of David McCall adír of Alxdr McCall and to make a settlement with him in relation to his administration of said estate have performed that duty and return the following settlement.† We find the said David McCall chargeable with the following items.
To his report Nov. Tenn 1833††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† $5012.51
†† ď†† ď†††† ď††††† Feby Tenn 1834†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† † 1586.33
†† ď†† ď†††† ď††††† Augt Tenn 1837†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††† 265.71
Interest upon notes until paid†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† †††††† 85.37