Howard, Charles vs. Perry, John exec., 1843 -- (Wm. Kennedy dec'd)

Contributed by Julie Coley at
© 2004

Note: Here is a transcription of court papers for William Kennedy. It is a court case brought on by Charles Howard against the admin. of William Kennedy and it mentions all of Williams children and where they were in 1843.

Sumner County, TN
Ruler No 352

Charles Howard Adm
Copy Bill
Copy for Robert Richie
And Simpson Kennedy
Giles County
The bill of Complaint of Charles Howard admr of Eliza Howard decd filed against John Perry Executor of William Kennedy decd in the Sumner Chancery Couurt

Your Orater Charles Howard admr of Eliza Howard decd a citizen of the County of Robertson would show your Honor that Wm Kenedy the father of his decd Wife made a Will and departed this life many years ago which Will is here exhibited marked No 1 and pray to be taken as faith of this Bill It will be seen by the said William Kenedy devised to his Wife Prudence Kenedy during his life the whole of his plantation being two tract, he purchased of James Taylor and Ormand Allen lying in Mankins Creek in the County of Sumner and like manner the household and kitchen furniture farming utensils and stock of every kind or description during her natural life and the remainder title thereof to her twelve children hereafter named And by said Will he directed her Executor to Sell the said property on a credit of 12 months and divide the proceeds thereof amongst her 12 children to wit Armstrong John Rebecca Margarett Wm Daniel Elizabeth Evelina Alexander Rachel Simpson and Eliza Kenedy and their heirs and assigns forever Armstrong E. Kennedy did not qualify as Executor the said John Perry of Sumner County qualified and took upon himself Executor of the said Will Complt would show your Honor that in 1840 he intermarried with the said legatee or Decree Eliza Kennedy in the County of Sumner and that she departed this life August 1841 in the County of Robertson and Complt has taken out letters of Administration on her estate which is here exhibited to the Court marked No 2 as fact of this Bill Complt would show your Honor that Prudence Kenedy the widow of Wm Kenedy departed this life in the year 1840 and that the Executor John Perry under the Will aforesaid proceeded and sold the said land devised as aforesaid for the sum of $3100 which money was due in Oct 1841 as he is informed ____ What he has done with the other property devised Complt does not know but called on the said Executor to amount and pay on to Complt his portion of the sand sales. Complt would show your Honor that Elizabeth Kenedy and Rebecca Kenedy many years ago departed this life without husband or issue Armstrong Kenedy moved to Missouri married and left a widow and children living but Complt does not know their names John Kenedy died leaving the following children Emily Prior and Preston Kenedy Emily has intermarried with John Burney of Robertson County Margarett intermarried with Jesse Hackney of Maury Count that departed this life William Kenedy resides in Illinois Daniel is dead lives the following children John Kennedy of Sumner County and Eliza intermarried with Wesley Bruce of Sumner County Evalina Kenedy has married Robt Richie and resides in Giles County Alexander resides in Giles County Rachel has married Wm McMillon of Robertson Simpson Kennedy lives in Giles County all of whom complainants pray may be made Defendants to this Bill in conjunction with the said Executor John Perry and that ____ to ____ issue And by Decree of this Honb Court the said Executor John Perry be Decreed to pay over to Complt adm as aforesaid his portion of said sales of said land and other effects and property under the Will of the said Wm Kenedy and give to Complt such other and difficult release as the nature of the case shall require and your Honor shall deem ___
Js C Guild

Exhibit No 1

In the name of God amen I William Kennedy of the County of Sumner and State of Tennessee at present weak and frail in body but of sound mind and memory do hereby publish and ordain this my last Will and Testament in and from the following (viz)

It is my will and desire that my just debts and funeral charges be paid punctually out of my estate

I give and bequeath to my loving wife Prudence Kennedy the whole of my plantation that is to say, the tract of land I purchased of James Taylor and the tract purchased of the heirs of Ormand Allen lying on Mankins Creek with the rents and profits thereof with the household and kitchen furniture, farming utensils and stock of every kind or description during her natural life or widowhood excepting such as herein to be named.

I give and bequeath to my son Armstrong Kennedy his heirs and assigns for ever my set of Blacksmith tools

I give and bequeath my son John Kennedy a certain bay mare to him his heirs and assigns forever

I give and bequeath to my honored mother Mary Armstrong during her natural life the cabin and the acres of land whereon she at present lives.

It is my will and desire that at the death or marriage of my wife Prudence that my said estate be sold at public sale at a credit of twelve months with my Stock household and kitchen furniture farming utensils and Cotton Gin and library and the amount arising from said sale to be equally divided among my 12 children namely Armstrong John Rebecca Margarett William Daniel Elisabeth Evalina Alexander Rachel Simpson and Elisa their heirs and assigns forever and lastly I nominate and appoint my son Armstrong W Kennedy and John Perry my Executors of this my last Will and Testament hereby revoking all other former Wills in Witness where I have herewith set my hand and seal this 20th day of Oct 1809 and the 34th Year of American Independence.

Wm Kennedy

Signed Sealed Acknowledged in presence of John Turnin Saml Turnin Edwd Hagan and Shadrack Nye

Exhibit No 2

State of Tennessee Robertson County March Session Whereas it appearing to the Court here that Eliza Howard is dead having made no Will or Testament and application being made by Charles Howard to have letters of Administration granted to him on the Estate of said Eliza Howard decd he having given Bond and Security as by law in such cases are required Whereupon the Court Ordered that he have letters accordingly There are therefore to authorize and empower you to said Charles Howard to enter into and upon all and singular the Goods and Chattles rights and credits of the said Eliza Howard decd and the same in your possession take wherever to be found in this State and a live and ___ inventory thereupon to make and return to our ensuing County Court on Oath and all the ____ of the intestate pay as far as the said Estate will amount a ____ the ____ thereof deliver to those who may have a right thereto by Law Herein ____ ____

Witness Joseph E Windfield Clerk of our said Court at Office this 7th day of March 1842

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