DAVID CARTWRIGHT vs. JOSIAH WALTON, 1843
(STROTHER, COTTON, ORR, contains copy of will of THOMAS COTTON)
Source: Microfilm reel #10691, page #1672 through #1698
NOTE: Some pages out of order have been rearranged in correct order
An effort has been made to keep spellings and grammar intact as found in original document.
Changes have been made as follows:
Names of people are capitalized.
Place names are capitalized.
Some commas have been added to improve readability.
Some questionable words and spellings are designated with: [?]
Illegible words are designated as: [____]
The Bill of Complaint of DAVID CARTWRIGHT filed in the Chancery Comt of SUMNER.
Humbly complaining thus unto your Honor, your orator DAVID CARTWRIGHT, a citizen of the county of SUMNER and STATE of TENNESSEE -- that THOMAS W. STROTHER formerly a citizen of SUMNER has absconded and removed to parts unknown to your orator - previous to his removal, to wit, on the 23rd day of July 1839, executed to your orator this promissory note under seal for sixty dollars, due in 20 days after the date thereof, which is hereby exhibited (marked A) and which was the price of a horse sold by your orator to said STROTHER. Your orator would likewise show that said STROTHER is indebted to him by account (which is hereby exhibited marked B) to the amount of twenty one dollars due the 25th dec. 1839, which he failed to settle before his removal. Your orator charges that said STROTHER left no effects of any kind, nor did he leave any money or means of any kind or description, known to him, out of which your orators just demand against him could have
been satisfied, (except as will be here after mentioned) -- that the said note and account are just and due your orator from said STROTHER after allowing all just credits and setoffs [?] - Your orator would show your Honor that THOMAS COTTON, the grandfather of the said THOMAS W. STROTHER, departed this life in the month of February 1794; leaving his last Will and Testament (a copy of which is hereby exhibited) and which was properly proven and recorded in the office of the county court clerk of SUMNER COUNTY, TENN. in which the said THOMAS COTTON makes the following bequest "I give and bequeath to my nine children MARY CRIER, MOORE COTTON, LETHA COTTON, JOHN COTTON, ALLEN COTTON, SARAH COTTON, ARTHUR COTTON, NOAH COTTON, and SANDERS COTTON, all my negroes and all my stock of all kinds, and all my household furniture and perishable property of every kind to be equally divided among my nine children before mentioned, at the death of my wife PRISCILLA, without the said PRISCILLA COTTON should die before SANDERS COTTON shall come to the age of twenty years, then & in that case for the aforesaid Estate to be equally divided when the aforesaid SANDERS COTTON shall come to the age twenty years.
To thine the said MARY CRIER", & etc. & "SARAH COTTON to thine and their heirs forever." Said Testator in said will makes also the following special bequest, "I give and bequeath to my two daughters, LETHA COTTON and SARAH COTTON each of them the sum of one hundred & thirty three dollars and a third in some kind of property that is most convenient to pay at that time."
Your orator would show that PRISCILLA COTTON departed this life about the first of November 1843 (the exact day not known) [____] long after the "coming of SANDERS COTTON to the age of twenty years" [ALEXANDER "ALEXANDER" SANDERS COTTON was born 30 October l791 - (nk)] - that your orator is informed and believes that the legacies given under said will were due and ordered to be paid at the death of PRISCILLA COTTON - that SARAH COTTON one of the legatees in the general legacy to the "thine children and also of the special legacy to LETHA & SARAH COTTON" she was afterwards married to _____ STROTHER and of him [be] came the mother of the following children NANCY, ELIZABETH, JOHN, WILLIAM, GEORGE, NOAH, PATSY, and THOMAS W. STROTHER the present defendant -- that SARAH COTTON afterwards SARAH STROTHER deceased about 16 years since and _____ STROTHER her husband about 14 years since, neither nor both of them having made any disposition of the interest of the Estate of SARAH COTTON under the Will of her Father THOMAS COTTON in
their life time and having died wholly intestate as to the same. Your orator therefore charges that THOMAS W. STROTHER is one of the Representatives of his Mother SARAH COTTON & is entitled to one eight (if your orator is not misinformed as to the number of heirs) of the interest of his Mother under the Will.
Your Honor will see by reference to the will of THOMAS COTTON that ISAAC WALTON was constituted one of the Executors and your orator charges that ISAAC WALTON did take upon himself the execution of the same that he deceased having published his Will and constituted JOSIAH WALTON, WILLIAM WALTON, and JOHN B. WALTON his Executors, who took on themselves the execution of the same and as Executors of ISAAC WALTON the Executor of THOMAS COTTON have taken upon themselves the execution of the will of THOMAS COTTON - charges that they have now in their hands the remaining estate of THOMAS COTTON dec'd and the legacy by him bequeathed to SARAH COTTON the Mother of THOMAS W. - that said one eight and probably more of said legacy & interest under the Will, is then of right belongs to said THOMAS W. -- your orator is fear-
=ful and apprehensive that said Executors will pay over said distribution share to said THOMAS W. STROTHER or to some other person, he therefore the promises considered, feels himself aggrieved, and is advised that he has not ____ complete and adequate according to the strict rules of the Common Law and is relievable only in a court of Equity where matters of this sort are cognizable and believable, he therefore prays your honor that THOMAS W. STROTHER, JOSIAH WALTON, WILLIAM WALTON, and JOHN B. WALTON, Executors of the Executor of THOMAS COTTON be made defendants to this Bill - that they tune & perfect answer make to each charge and allegations of the same as though thereunto particularly interrogated [sic] - let them state the number of heirs of SARAH COTTON, if such they know, that they set forth & discount the full amount of her interest under the Will of her Father that [____] your [____] come into their hands - that they discover the amount of the distribution share of THOMAS W. STROTHER that has come or will come -- that the same or as much thereof as may be necessary to fulfill your orator just claim as before set forth & the costs of this suit be attached - that the said JOSIAH WALTON, WILLIAM WALTON, and JOHN B. WALTON
be enjoined from paying over the sum to the said THOMAS W. STROTHER or any-other person whatsoever until the further order of your Honorable Court.
Prays for such other and further relief as the nature of his case may require sold [____] in duty bound will ever pray.
This is the first application for an injunction in this cause.
R W Sol. [in large letters - (nk)]
STATE of TENNESSEE
Personally appeared DAVID CARTWRIGHT the complainant, before me W.M. BLACKMORE
[____] and made oath that the matters and things stated at the [____] [____] of his own
knowledge are true and such as are stated upon conformation of others he believes to be true.
Sworn to before me.
28th Nov. 1843
W.M. BLACKMORE C & M
STATE of TENNESSEE
To the Clerk and Master of the District Court of Chancery holder at GALLATIN upon [____] complainant in the foregoing bill relieving into sum and security payable to the defendants in the
penal sum of two hundred and fifty dollars conditioned & according to law you will issue units of attachment and injunction according to the prayer of the complainants all this the 30th day of Nov. 1843.
ANDREW J. MARCHLANKS [sp?]
Judge of 18th Circuit
[Exhibit 'A'] T.W. STROTHER Note $60.00 due Balance of $11.00
The answer of JOSIAH WALTON, JOHN B. WALTON, and WILLIAM WALTON executors of ISAAC WALTON the executor of THOMAS COTTON Dec'd to the Bill of equity of DAVID CARTWRIGHT in the SUMNER Chancery Court.
These Def'ts [defendants] for answer to coup't [Complainant's] Bill state that it is true that
THOS. COTTON departed this life in the COUNTY of SUMNER in about the date of his will, a
copy of which exhibited in compl'ts Bill - It is likewise true that ISAAC WALTON their father (&
MOORE COTTON) was appointed and justified as his executors and ISAAC WALTON has
deceased and two Def'ts are his qualified executors.--
By the will of the said THOMAS COTTON or approved by the will but which is not exactly quoted in the Bill there are nine children who share to have the estate hence mentioned after the death of the s'd [said] widow PRISCILLA COTTON who has lastly [?] deceased.--
In regard to the special legacy of $133 1/3 to TALETHA COTTON and SARAH COTTON - The s'd SARAH COTTON married JAMES STROTHER the father of THOMAS STROTHER the Def. [defendant]
--TALETHA married a man by the [name of] ORE [usually spelled ORR] they think JOHN. [Other sources show that TALETHA did marry JOHN ORR]. And MOORE COTTON one of the executors of THOMAS COTTON many years ago dec'd intestate - and three [?] Def'ts are informed and believing that he paid over to the said special legacy - STROTHER & wife & ORE [ORR] & wife the said special legacy of $133 1/3 about the year 1812 so honor [?]. -- These Def'ts have no doubt of the fact and they are informed that the same can be proved though it may be attended with some expense and considerable trouble. ---
These Def'ts further answering - states that the said ISAAC WALTON, executor, has been alone acting as the executor of the s'd THOMAS COTTON. -- That he has rented out the land, and sold [____] the [____] property of land estate including the four negroes under a decree of the court - of which has been returned to the county court of SUMNER.
The money due for the sales will not sale [?] due till about Nov. 1844.
The duties [?] and expenses and costs will amount to something the amount not known at this
time but the Def'ts stand ready to show the whole state of the estate, so some of the [____] could
be settled up and placed in a proper condition -- Def'ts further state that SANDERS
["ALEXANDER" is written above "SANDERS"] COTTON died without [____] -- [____]
There are seven living children of JAMES STROTHER & wife, both of whom are dead. It is
[____] another by the name of JOHN STROTHER, he has been absent for many years whether he
is living or dead Def'ts know not. At this time, they are unable to set forth the precise distribution
share of THOMAS STROTHER in said estate. It can be ascertained however when the settlement
is made or [____] [____] [____] will at any time [____] of [____].
There is to know the two tracts of land mentioned in the Bill on which the sd [said] THOMAS has an interest or on the personal estate -
They would show further show that SALLY STROTHER filed [____] bill attacking THOS. STROTHER's interest in said estate with the exception of the sd legacy of $133 1/3 which has been paid as of [____] [____]. [____] filed and had signed the Bill on Def'ts and Def'ts ask of the court that they might be looked too [sic] and not suffer too dear to the promised agr't.
[agreement] than for the same subject matter.-
And having fully assured they [____] to be true [____] without [____] copied agr't. [____].
JO. C. GUILD
[JOSEPHUS CONN GUILD]
STATE of TENNESSEE
Came JOSIAH WALTON, executor of [____] the Clerk and Master of the Chancery Court at GALLATIN and made oath that the facts stated in the foregoing manner as of the knowledge of Def'ts are true and those things stated as of the cooperation of other statutes [____] to be true. Sworn to before me
2nd April 1844
W.M. BLACKMORE C & M
WALTON et al.
of WALTON's filed [?] on
I report that compl'ts debt is as follows
Note due August 1837 for $60.00
Int. 8 years 3 months 29.70
Amt. due Com't $89.70
W.M. BLACKMORE C & M
[#1679] -- [Repeat of #1678]
The [____] case of
. THOS. STROTHER & JOSIAH WALTON
(Josiah WALTON states that he is not in a condition to settle as yet the estate of Thomas COTTON - The notes for the sale of property [____] [____] 29th Nov last have not been collected. --They are in progress for collection and the debts against the estate have not been paid.--He expects to be able to settle as soon as the money can be be collected and the debts against the estate (are filed and paid. --)
JOSIAH WALTON, Exectr.
Sworn to before me 19 March 1843
W. M. BLACKMORE
STATE of TENNESSEE
TO THE SHERIFF OF SUMNER COUNTY--GREETING
We command you to summon JOSIAH WALTON, WM. WALTON, & JOHN B. WALTON if to
be found within your county, to appear before the chancellor of the middle division, at the next
chancery Court to be held for the 6th chancery district, at the Court-house in GALLATIN, on the
second Monday in April next then and there to answer a Bill in Equity, exhibited in said Court by
DAVID CARTWRIGHT, Complainant, against the said JOSIAH WALTON et al. Defendant, and
further, to do and receive what our said court shall then there consider.-- Herein let them fail not,
under the penalty inflicted by law; and have then there this writ. Witness, WILLIAM M.
BLACKMORE, Clerk and Master of our said Court, at office, the second Monday in Oct. in the
year 1843 and 68th year of American Independence.
W. M. BLACKMORE
aff. filed by WALTON 19 March 1843
vs ) Separate Ans.
[ ? ] 1843
Came to hand the same day [____] & executed on JOSIAH WALTON the 4th day of Dec. 1843 and at the same time delivered a copy of complainant's bill to said JOSIAH WALTON.
W. RICE, Shff. executed WM. WALTON the 5th of December 1843, delivered said WALTON a copy of complainant's bill [____] of January 1844. JAMES STRATTON
Know all men by these presents that we DAVID CARTWRIGHT & JOSEPH H. WISE are held
& firmly bound unto THOS. STROTHER & JOSIAH WALTON in the [____] sum of two
hundred and fifty dollars this 2 Dec. 1843.
The condition of the above bound DAVID CARTWRIGHT hath this day obtained from the Chancery Court [____] at GALLATIN a unit of attachment against the Estate of the said THOS. STROTHER to be levied in the hands of the said JOSIAH WALTON now of the said CARTWRIGHT shall prosecute said [____] that with effect and pay all such damages that may be reasoned [?] against him for the wrongful suing out said [____] in any suit or suits that may be brought thereupon and shall pay [____] such costs as shall be [____] against him than the above bond to be read and no effect otherwise to remain in full force and virtue [____] our hands and seal this day [____] [____].
DAVID CARTWRIGHT (seal)
JOSEPH H. WISE
Thirty days after date, I promise to pay to CARTWRIGHT sixty dollars for [____].
July 29, 1839 THOS. W. STROTHER (seal)
[WILL OF THOMAS COTTON OF SUMNER COUNTY, TENNESSEE]
[COPY FOUND IN DAVID CARTWRIGHT vs. JOSIAH WALTON]
[MICROFILM PAGE #1693]
In the name of God Amen. I THOMAS COTTON of SUMNER COUNTY and TERRITORY SOUTH of the OHIO, being in perfect mind and memory, thanks be to God. I do make this my last will and Testament touching said worldly estate, wherewith it hath pleased God to bless me, in this life. I give, demise, and dispose of the same in the following manner and forms. First I give and bequeath to PRISCILLA my dearly beloved wife, use of my estate in the following manners. (viz.) The plantation where I now live, all my negroes, and all my stock of all kinds - likewise my household furniture with all my iron tools and any other things about the house, or belonging to the plantation -- to her and her use for the support of her and my children untill [sic] her death except she should die before my youngest son comes of twenty years of age and if the said PRISCILLA my wife should die before SANDERS COTTON my youngest son shall come to the age of twenty years then the above mentioned estate to fall into the hands of MOORE COTTON my eldest son for him to make use of in the same manner before mentioned untill the same SANDERS COTTON comes to twenty years of age then or at my wife's death. I give and bequeath to my two daughters LETHA COTTON and SARAH COTTON each of them the sum of one hundred and thirty three dollars and a third in some kind of property that is most convenient to pay at that time. I give and bequeath to my son MOORE COTTON the half of my land where I now live, it being the upper part of the tract to him the said MOORE COTTON and his heirs forever. - I likewise give and bequeath to my son SANDERS COTTON the lower part of the same tract of land I now live on, to him the said SANDERS COTTON and his heirs forever. - I give and bequeath to my two sons ALLEN COTTON and NOAH COTTON six hundred and forty acres of land lying on the waters of little [?] [____] by the name of REIDS [?] S____ to be equally divided when ALLEN COTTON comes of age--to them the said
[separate page continuation of will of THOMAS COTTON]
[microfilm page #1691]
ALLEN COTTON and NOAH COTTON, to them and their heirs forever. -- I give and bequeath
to my two sons JOHN COTTON and ARTHUR COTTON, two tracts of land joining JOHN
FORMON's plantation running each down a brush into STONES RIVER to them and their heirs
forever. (I give and bequeath to my nine children MARY CRYER, MOORE COTTON, LETHA
COTTON, JOHN COTTON, ALLEN COTTON, SARAH COTTON, ARTHUR COTTON,
NOAH COTTON, and SANDERS COTTON, all my negroes and all my stock of all kind & all
my household furniture and perishable property of every kind to be equally divided among my
nine children before mentioned at the death of my wife PRISCILLA without the said PRISCILLA
COTTON should dec'd before SANDERS COTTON, shall come to the age of twenty years.
Then and in that case for the aforesaid estate to be equally divided when the aforesaid SANDERS
COTTON shall come to the age of twenty years, to then the said MARY CRYER, MOORE
COTTON, LETHA COTTON, JOHN COTTON, ALLEN COTTON, SARAH COTTON,
ARTHUR COTTON, NOAH COTTON, & SANDERS COTTON, to them and their heirs
forever.) -- And lastly do constitute and appoint MOORE COTTON, GEORGE PERRY, and
ISAAC WALTON my whole and sole executors of this my last will and testament. And I do
hereby utterly disallow, revoke, and disannul all other former wills before by me made, and this
only take to be my last will and testament. - In witness whereof I have [____] set my hand and
seal, this 10th day of February 1794 signed, sealed, pronounced and declared in the presence of
THOMAS COTTON (seal)
STATE of TENNESSEE
I WILLIAM S. MUNDAY Clerk of the County Court of said County do hereby certify that the
foregoing contains a full, true, and perfect copy of the original will of THOMAS COTTON and as
now appears of record in my office.
Witness my hand [____] this 27th day of November 1843.
M. S. MUNDAY Clk.
Copy of will THOS. COTTON deceased Ex (C)
December 25th, 1839.
THOMAS W. STROTHER
To DAVID CARTWRIGHT [____]
To boot in horse swap 3rd Feb. 1839 $10.00 Do Do Do April 1839 $11.00 $21.00[#1696]
THOS. W. STROTHER account with D. CARTWRIGHT Ex (3)
STATE OF TENNESSEE
To JOSIAH WALTON, WILLIAM WALTON, & J. B. WALTON [____] of THOMAS COTTON dec'd and to THOS. STROTHER, their agents, attornies, &c. and to the Sheriff of SUMNER COUNTY, Greeting.
Whereas it is represented to the Hon. ANDREW J. MARCHBANKS Esq. Judge, &c. in and for the STATE of TENNESSEE, on behalf of DAVID CARTWRIGHT that he is aggrieved and will be greatly injured by, the said WALTONs [____] as aforesaid paying over to the said THOS. STROTHER or any one else the interest of the said THOS. STROTHER in the estate of said THOMAS COTTON Dec'd or the sum of one hundred & Eighty dollars thereof if so much there be and also that an attachment [____] and attach said sum in the hands of said executors.
We therefore command you and every of the persons above named to desist from all further proceedings to pay out, transfer, or dispose of said interest in said estate or $100 thereof untill the further order of the Court and you the Sheriff aforesaid are hereby commanded to attach said [____] or interest of said THOS. STROTHER in the hands of said Exrs. or a sufficiency to satisfy compltls demand & the same so to secure as to have the same [____] coming to appease the order of the court until the matters and things set forth in the Bill of Complaint of the said DAVID CARTWRIGHT vs. the said STROTHER & WALTONs shall be heard in our Chancery Court, to be holden for the 6th chancery district, at the court house in GALLATIN, on the second Monday in April next, and you the Sheriff aforesaid will have then there this writ and how you have executed the same; herein fail not. Witness WILLIAM M. BLACKMORE, Clerk and Master of our said Court at office, in GALLATIN, this second Monday in October 1843 and 68 year of American Independence.
vs )Inq. & [____] [____]
JOSIAH WALTON et al.
Came to hand same day [____] made known to JOSIAH WALTON the 4th of Dec. 1843.
W. RICE, Shff.
Made known to WM. WALTON [____] of December 1843. Made known to JOHN B. WALTON the [____] December 1843.
JAMES STRATTON [____]