Contributed by Ronald Carr Frazor at email@example.com
WILLS AND SETTLEMENTS
ESTATE SETTLEMENT OF GEORGE WINCHESTER FRAZOR AND MARY KIZER FRAZOR
To the Hon. Geo. W. Allen, judge of the County Court of Sumner County
The bill of William Frazor, Theophilus Frazor, John M. Frazor, George W. Frazor, Elizabeth Hubbard, J. D. Vaughan and wife Mary Jane Vaughan, and Francis M. Frazor, a minor by his regular guardian Theophilus Frazor and James Frazor, Adm of G. W. Frazor and Mary Frazor, wife.
Complainants would show to the Court that they are the children and all of the heirs of George W. Frazor, except James Frazor who is the Adm of George W. Frazor, and that said George W. Frazor died in Sumner County in the year 1861, intestate, leaving a tract of land in said County containing 257 1/2 acres, situated in Dis. No. 9 on Drakes Creek adjoining the lands of Wm. Boyd, Mrs. Kizer, John E. Turner, Geo. W. Terry, and Wm. Frazor--they would show that the debts of the estate are all settled up, and that the widow Mary Frazor is now dead, intestate, and said heirs and children are anxious that said land be partitioned among them, and they would show that they think it would be to the interest of all parties to have said land partitioned. They would also show that Mary Frazor survived her husband but is now dead and James Frazor is her administrator, they would show that said Mary was the owner of two Negroes; a woman named Jane, aged 17 years and a girl named Tennessee aged about 6 years--they would show that it would be impossible to divide the two Negroes among the heirs and that it would be manifestly to the interest of all the parties in interest that said Negroes be sold for division. They would show that Francis M. Frazor is a minor now about 20 years of age and that Theophilus Frazor is his regular guardian, they would show that Mary Jane a daughter of Geo. W. Frazor has intermarried with James D. Vaughan. These premises considered the parties of age having a right to have their portions in the land set apart which would amount to a division among all as there is but one minor, ask that said land be partitioned among the children & heirs of Geo. W. Frazor, and that commisioners be appointed for said purpose and that the said Negroes Jane and Tennessee be sold for division among the children of Mary Frazor and they waive publication of the sale in a newspaper and grant to them such other and further relief as the nature of their case may demand.
Ben T. Allen (Sol.)
I acknowledge myself security for costs,
Ben T. Allen
Confirmed. ____ is appearing to the Court that the parties in interest were all adults except one and that they were entitled to have their portions in the land allotted to them, leaving the share of the minor to itself which would amount to a partition among all, it is ardered and decreed by the court that G. W. Terry, Hugh Kirkpatrick, Felix G. Tally, Lee Shute and Stephen Willis be appointed commissioners to partition the land described in the pleading into seven parts so as to give to each of the seven children of G. W. Frazor d'd and whose services are set forth in the bill an equal portions in value or as near so, as possible, and the said commissioners will return their report to the next time of this court if practicable if not, then to the March term--
And it appearing that it is inpracticable to divide the two negroes among the seven heirs, and that it would be manifestly to the interest of the minor that said negroes be sold; it is ordered and decreed that the clerk sell the two negroes mentioned in the bill at public sale on a credit of twelve months taking note with good security, except one hundred dollars cash out of which the clerk will pay the costs of this proceeding and will pay B. F. Allen a fee of thirty five dollars being a charge of five dollars on the share of each heir-the clerk will report to this court after the sale is made. There being no newspaper published in the county and the parties having waived a newspaper publication, the clerk will advertise the sale of the negroes by written notices posted at the court house door and at the places in the county, ordered that said sale be made at the late residence of G. W. Frazor d'd
Wm., Theophilus, John M. and G. W. Frazor and others, Ex Parte
This cause comes on for hearing before this 7th January 1862 before Hon. G. W. Allen judge of the County Court upon the bill of petitioners where the matter was referred to the clerk to take proof as to whether the land mentioned in the pleadings was susceptible of division partition and whether the negroes mentioned could be partitioned and whether it would be to the manifest interest of the minor that said slaves should be sold for partition. The clerk will report to the present term if practicable. 2nd
Wm. Frazor & others, Ex Parte,
Be it remembered that on this the 7th January 1862 this cause came on for hearing before G. W. Allen judges upon the report of the clerk which is as follows Wm. Frazor & others, Ex Parte, In this cause from the evidence of Hugh Kirkpatrick and G. W. Terry I report that the land mentioned in the pleadings is susceptible of division partition, and that it is manifestly to the interest of the minor that the land should be partitioned and that the slaves should be sold for division, all of which is submitted, This 6th January 1862.
John L. Bugg, Clerk
Which being unexcepted to is in all things.
We, George W. Terry and Hugh Kirkpatrick are acquainted with the lands of the late Geo. W. Frazor and state that the same lies so that it is susceptible of division and on account of the present deranged state of affairs in the country, we think it would be to the interest of all parties in interest that the same be divided. We also know the negroes Jane and Tennessee and from the fact that there are seven heirs and but two negroes, we think that it would be manifestly to the interest of the minor that said negroes be sold for division.
G. W. Terry
Sworn to in Open Court
John L. Bugg, Clerk
G. W. Terry
Felix G. Tally
Stephen T. Willis