Vines L. Collier Jr.
Sumner County, Tennessee, 1853
Source: Microfilm #7041, on file at Tennessee State Library and Archives and Sumner County Archives. Page numbers refer to those on the microfilm.
[Containing copies of documents ranging from the years 1826 through 1859.]
[Surnames: ARGYLE, BALDRIDGE, BARNES, BARRY, BLACKMORE, BODDIE, BRADFORD, COLLIER, COWLES, DENOFFS, DOUGLASS, EASTLAND, FIELD, GRAY, GREENWOOD, GUILD, HARRIS, HEAD, HOGAN, HOLLAND, HUNT, JONES, KIRBY, LAMONCE, MANNEY, MILLER, MITCHELL, MUNDAY, ODOM, PARKER, PURVIS, RASCOE, RIDLEY, SHOULDERS, SINGLETON, SMITH, STEPHENS, TROUSDALE, WATKINS, WHITWORTH]
[Slaves mentioned: CHARLES, HANNAH, HARRY, JERRY, JULIUS, LEWIS]
All spellings and grammar are transcribed as appearing in the original document. One exception is all letters of person's names are in bold print and capitalized. All place names are capitalized. Some commas have also been supplied to add clarity. Additional, special notes are enclosed with brackets. Illegible words are denoted by: ______. Some words in question are followed by: [?]
To the Hon[honourable] B.L. RIDLY [BLOOMFIELD L. RIDLEY, who served as Chancery Court Chancellor at GALLATIN from 1845-1860] Chancellor & _____ at GALLATIN. The Bill of Compt.[complaint] of GEORGE PAGE STEPHENS filed in the Chancery Court of SUMNER, against ANDERSON MILLER and VINES COLLIER JR. Defts.[defendants] The compt. [complainant] GEORGE PAGE STEPHENS would show your Honor that ANDERSON MILLER is justly indebted to bear [?] by note executed by him the said MILLER payable to the compt. in the sum of five hundred and seventy six dollars & twenty five cents, and the interest thereon from the falling due of said note, which note the compt. exhibits to the court. The compt. would further show to your Honor that the said ANDERSON MILLER is a now Resident of the State of TENNESSEE, and is interested in the estate of JOHN B. MILLER who died in the County of SUMNER, he being a son and Heir at Law of the said JOHN B. MILLER which the compt. prays may be attached for the bequest of compt.'s debt in lieu of costs. The compt. would further show your Honor that the father JOHN B. MILLER departed this life in County of SUMNER _____ sized of a large real and kindred estate consisting of land and negroes and other property. His will was admitted to probate in the County Court of SUMNER, and VINES COLLIER JR. qualified as his administrator with the will executed. The executors therein named having renounced the execution of said will. The said VINES COLLIER JR. filed his Bill in the Chancery Court of SUMNER against the Legatees of the s'd[said] JOHN B. MILLER, asking a court motion of this will when various points are _____ , asking points, whether the bequest, the negroes of said estate, nor a _____ _____ bequest so far as the Bill's security and the negroes are concurrent. And the _____ Chancellor Court _____ bequest touching
said negroes as void, and that the Testator died intestate as regarding s'd seizing, _____ , being appropriated to the _____ and the Bill so _____ . And ANDERSON MILLER being a son and heir at law of the s'd JOHN B. MILLER will be entitled to his distribution share of said negroes. There being a good many of said negroes, it is believed and charged that it will be sufficient to pay off compl's debt all of s'd property and estate is in the county of SUMNER in the _____ and control of the said COLLIER the administrator,
To this end therefore that parties may disclose compt. in the proceedings, He prays that He nor Resident ANDERSON MILLER and the s'd. VINES COLLIER JR. be made Def't.s to this Bill. Let them answer the allegation in this Bill, set forth what interest the s'd ANDERSON MILLER has in s'd. estate and of what it contains The negroes and the property valued which the s'd. JNO. B. MILLER died intestate under the conclusion of the chancellor, And in the mean time compt's. pray an attachment to the Sheriff of SUMNER COUNTY attaching the interest of the s'd. ANDERSON MILLER in the estate of JNO. B. MILLER in the hands of the s'd. COLLIER admr. and the s'd. COLLIER be enjoined from paying the same one to MILLER or his assigns -- and the s'd. A. MILLER be enjoined from assigning the same,
By Decree of this _____ court the compt's. prays that said interest of s'd. ANDERSON MILLER in said estate be paid out as a sufficiency thereof to pay compt's. debt interest and costs, And give to compt's. such other and different value as the motion of the case may require. Our Honor shall deem just, Prays publication as to ANDERSON MILLER and subpoena _____ to sheriff of SUMNER COUNTY
to be executed on VINES COLLIER JR. Likewise the attachment to _____ to ____ of SUMNER to attach s'd. interest.
JO. C. GUILD [JOSEPH'S COON GUILD]
solr[solicitor] for court
Came this day JO. C. GUILD, acting Judge of SUMNER
COUNTY, TENNESSEE, before me the clerk of the Chancery Court at GALLATIN, and as the
attorney and agent of compt. makes oath that the s'd. ANDERSON MILLER is justly indebted to
the compt. STEPHENS the amount of s'd. note of $ 576.25 with interest from the time it fell due,
and that the said ANDERSON MILLER is a new resident of the State of TENNESSEE,
JO. C. GUILD
Sworn to & Testified before
me G.S. GRAY J.P. on
15th Oct. 1849.
G.S. GRAY J.P.
To the Clerk & Master of the Chancery Court at GALLATIN.
Upon complainants giving bond with sufficient security in double the amount of the debt charged is the foregoing Bill with the ____ conditions. ____ write of attachment & Inspection ____ as prayed.
GALLATIN 15th Oct. 1849 THO. MANNEY Judge [THOMAS MANNEY, Circuit Court Judge 1839-52]
D Rules No.694
GEO. PAGE STEPHENS
vs.} attach. Bill
& VINES COLLIER JR.
filed 16th Oct.1849
M WILLIAM F. THOMAS RASCOE & [blank space] acknowledge ourselves indebted to THOMAS SHOULDERS in the penal sum of one thousand dollars, to the payment of which will and truly to be made, in hand ourselves firmly & severally, ____ by these presents The condition of the above obligation is such, that whereas a unit of attachment issuing from the Chancery Court of SUMNER COUNTY, has been levied in the negroe man ____ ____ as the property of the said WILLIAM F. to be held subject to the satisfaction of certain ____ of the said RASCOE at the ____ of THOMAS P. SHOULDERS -- now if the said parties should have the said slaves forthcoming, or the value of the same ____ ____ the judgement or decree of the said court in the said cause. Then this ____ to be void, otherwise to remain in full force and effect. In testimony whereof I have hereunto -- set in hands & seal, this 13th day of September 1859.
The answer of BAXTER SMITH Adms.of BEVERLY MILLER dec'd to the original amended Bills of WM. TROUSDALE & JO [JOSEPHUS] C. GUILD filed against him in the Chancery Court at GALLATIN. Respondent saving & reserving & c. for answer to so much of the complts. Bill as he concieves [sic] is material, answers & TROUSDALE in the sum of $75 as is evidenced by his note filed with the original attachment Bill in the cause and as is charged in the amended Bill. Respondent further answering says that he believes it to be true as charged in the amended Bill & petition that his intestate in indebted to complt. JO. C. GUILD in the sum of $50 for legal services rendered him as appears by the proof of J.W. HEAD & W. S. MUNDAY & reported by the Clerk & Master of this court all of which is filed in the cause. Respondent submits all legal questions arising to the consideration of the court. And having fully answered, prays to be hence dismissed with his costs.
for Defts. Arms [?]
Sworn to before me
the 12th of March 1856
W.H. BLACKMORE c & m
[back side of page #2525]
TROUSDALE & GUILD
vs.) Answer of
BEVERLY MILLER Adm.
Filed March 12th, 1856
SMITH [written at bottom of page]
& Amended Bill
The petition of WM. TROUSDALE, JO. C. GUILD filed in the SUMNER Chancery Court. Your petitioners would respectfully show unto your honor that they have claims against BEVERLY MILLER deceased which have been settled by a decree of this honorable Court. They have have ["have" is repeated in original] levied upon an attachment upon an undivided interest of the said MILLER in certain negroes coming from the estate of his father and now seeking to have his interest sold. They would further show that since the pendency of this suit, the said BEVERLY MILLER died at PANAMA [?] in Oct. 1854 and that it is believed his estate is insolvent and no person has or will administer upon his estate As more than 6 months has elapsed since his death, and no one has administered upon said estate. They pray the Court to appoint an administrator to the said BEVERLY MILLER and let the said administrator be made a party to the suits of
WM. TROUSDALE the petition of JO. C. GUILD and to this petition let him answer on oath. They pray for such other and further relief as the nature of their case requires and which to your honor shall seem meet and as in duty bound, he will ever pray & c
Sworn to in open court T. BARRY sol[solicitor]
12th March 1856
W.H. BLACKMORE c & m JO. C. GUILD
WM. TROUSDALE & JO. C. GUILD
BEVERLY MILLER et al
Filed March 12th, 1856
T. BARRY sol[solicitor] [written at bottom of page]
VINES L. COLLIER Admr. of JNO. B. MILLER dec'd with the will annexed -- vs. the widow & devisors of the estate --
Be it remembered that the above cause came before Chancellor RIDLY [BLOOMFIELD L. RIDLEY] on the - day of April 1850. ____ again to be heard upon the pleadings, rules, order, & interlocutory decree -- and the report of the commissioner & administrator -- so far as the sale of the lands mentioned in the pleadings is concerned -- which report is in the words & figures following, that is to say -- (here insert it)
Which being unexcepted to is in all things confirmed. It is further ordered by this Court, that the administrator pay the costs of this proceeding out of the monies collected. So far as the land is concerned -- and pay over the ballance [sic] to those entitled under said will -- he will collect the ballance [sic] of the purchase[?] money as it falls due and pay over the same in like manner -- He will report when the last payment is made -- until which -- the title is not to be divested --
V.L. COLLIER Adm.
Widow & heir of JNO. B. MILLER
To the honorable B.L. RIDLEY chancellor & siting[sic] at GALLATIN.
The petition of THOMAS BARRY & of ARCHIBALD
ARGYLE guardian of [the preceeding "guardian of" is marked through] FREDERICK S.
ARGYLE, MARY S. ARGYLE, now MARY SINGLETON and her husband J.J. SINGLETON
[written above], and ARCHIBALD ARGYLE guardian of CATHERINE B., JOHN THOMAS,
JENNETTA ARGYLE (all of whom reside in FREMONT COUNTY, IOWA except T. BARRY
who resides in SUMNER COUNTY, filed in the SUMNER Chancery Court again at SARAH
JONES, SINCLAIR MILLER, WM. H. MILLER, ANDERSON MILLER JR., CHARLES H.
MILLER, ROBERT MILLER JR., SARAH MILLER, and VINES L. COLLIER JR.
administrator of JOHN B. MILLER deceased.
Your petitioners would respectfully show unto your honor that they are interested in certain negroes belonging to the estate of JOHN B. MILLER deceased. T. BARRY owns 2/5 of a negro man called CHARLES and your other petitioners own the 1/2 of 1/5 in the said boy CHARLES and a like interest in the negro man called JULIUS and HARRY. SARAH JONES owns 1/5 of CHARLES and 3/5 of JULIUS and HARRY. The other and remaining fifth interest in said negroes belongs to equally to WM. H. ANDERSON JR., CHARLES H., ROBERT MILLER [the preceeding ANDERSON JR., CHARLES H., ROBERT MILLER is marked through] MILLER, ANDERSON MILLER JR., ROBERT MILLER JR., and SARAH MILLER. Your petitioners would further state that the whole estate of JOHN B. MILLER has been settled up and all claims paid off. Nothing
now remains to be done except to divide said negroes. They alledge said negroes cannot be divided without a sale. At a sale lately made of the interest of ANDERSON MILLER and BEVERLY MILLER in said negroes, MRS. SARAH JONES bought the interest of ANDERSON and BEVERLY in JULIUS and HARRY, and T. BARRY bought their interest in CHARLES. ANDERSON and BEVERLY each owned one fifth in these negroes. They alledge it would be manifestly to the interest of all the parties, minors as well as adults, to have said negroes sold as they are getting old and said sale is absolutely necessary for a division and partition of the same. They pray that this petition be made consolidated with the case of VINES L. COLLIER JR. administrator of JOHN B. MILLER deceased vs. WM. H. MILLER & others, and the other cases which have been consolidated with said cases and that they all be heared [sic] together. They pray that a sale of said negroes be ordered and decreed upon such terms as shall seem meet to your honor. They pray for such other and further relief as the nature of their case requires and which to your honor shall seem meet and as in duty bound, they will ever pray & c.
BARRY sol[solicitor] for
STATE of TENNESSEE ) Sept. term 1856 of
SUMNER COUNTY ) Chancery Court of
Personally appeared in open Court THOMAS BARRY and made oath that the facts stated in the
foregoing petition as of his own knowledge are true and those stated on information he believes to
WM. BLACKMORE C & M
[back side of page #2534]
T. BARRY & others
VINES L. COLLIER JR.
adm. of J.B. MILLER & others
V.L. COLLIER Admr. of JNO. B. MILLER dec'd with the Will annexed -- vs. the Widow, heirs & devis[ors] -- of s'd dec'd.
In the Chancery Court of SUMNER --
In pursuance of the interlocutory decree in this case pronounced at the October Term 1848 of said Court -- I the undersigned Administrator as aforesaid -- and by the appointment of said Court -- that I proceeded to sell the tract of land in the Bill & Will mentioned after having advertised the time & place, as divested by the said decree at public auction -- & hold the same at the court house door in the Town of GALLATIN, on the 1st day of January 1849 -- to WILIE J. DOUGLASS for the sum of $22.05 per acre -- he being the highest & best bidder -- at that price -- upon a credit of one, two & three years -- there being, by estimation 233 1/2 acres -- amounting in the whole to $5,148.67 1/2 and took his three notes in equal portions accordingly -- for the same bearing interest from the date -- with BENNETT E. DOUGLASS security -- one of which has been paid -- all of which is respectfully submitted to the honorable court --
VINES L. COLLIER JR.
[back side of page #2536]
vs.) Court Report
anmd being connected with a void claim[?]
If this bequest is not void for uncertainty & other causes --
The premise[?] considered your orator prays your honor to make said heirs, widow, devisors.
BEVERLY C. MILLER a minor --(son of BEVERLY MILLER and ELIZA FIELD & her
husband SILAS FIELD of the STATE of KENTUCKY -- And SINCLAIR ____ MILLER.
ARCHIBALD ARGYLE [the preceeding "ARCHIBALD ARGYLE" is marked through]
FREDERICK S. ARGYLE, MARY S. ARGYLE, CATHERINE B. ARGYLE, JOHN T.
ARGYLE, & JANETTA M. ARGYLE -- the five last named being minors & children -of JAMES
MILLER- & who reside in MISSOURI. And WILLIAM H., ANDERSON, and CHARLES H.
MILLER, who are children & heirs of JNO. MILLER JR. dec'd, also living in MISSOURI -- And
ROBERT MILLER, ANDERSON MILLER, & SARAH MILLER minors who reside in
MISSISSIPPI and SARAH JONES and her husband HENRY E. JONES who reside in SUMNER
COUNTY, TENNESSEE and LUCY MILLER widow who resides in DAVIDSON COUNTY -
Defendant to this Bill [the preceeding "Defendant to this Bill" is marked through] and also THE
AMERICAN BIBLE SOCIETY of the STATE of NEW YORK.
Defendants to this Bill and that they each fully answer the same--
And that your honor by your decree will order your orator to sell said land & distribute the proceeds according to the directions of said will and by your decree declose the bequests in favor of said slaves to be void and also whether the bequest aforesaid in favor of the AMERICAN BIBLE SOCIETY is binding upon your orator, or that the same is void, -- & give to your orator such other relief as his case requires & to your honor shall seem meet -- he prays for subpoenas against those who reside in this State & publication against all the ____ residents & as in duty bound will ever pray --
BALDRIDGE & HEAD, Solicitors
I acknowledge myself the complainants security to the Deft's in foregoing Bill in the final sum of
Two Hundred & fifty Dollars conditioned for the successfull [sic] prosecution of the same &
payment of all costs.
September 21st 1848
J.W. BALDRIDGE (seal)
The Bill of VINES L. COLLIER JR. administrator of JOHN MILLER dec'd with his Will annexed -Complainant - against (LUCY MILLER widow of JOHN MILLER dec'd &) JOEL MILLER minor son of BEVERLY MILLER -SILAS FIELD & his wife ELIZA FIELD - and the children & heirs of JAMES MILLER - viz.[namely] - SINCLAIR K.[?] - ARCHIBALD H. ARGYLE [the preceeding "ARCHIBLAD H. ARGYLE" is marked through], FREDERICK S. ARGYLE, MARY S. ARGYLE, CATHERINE B. ARGYLE, JOHN T. ARGYLE, & JANNETTA M. ARGYLE - children of ELIZA JANE ARGYLE dec'd who was the daughter of JAMES MILLER - intermarried in her lifetime with ____ ARCHIBALD H. ARGYLE and the children of JOHN MILLER dec'd viz.[namely] WM. H. MILLER, ANDERSON MILLER JR., CHARLES H. MILLER, ROBERT MILLER MILLER ____ SARAH MILLER - and SARAH JONES and her husband HENRY E. JONES & other Defendants - filed in the Chancery Court of SUMNER.-Humbly complaining - your orator VINES L. COLLIER JR. a citizen of SUMNER COUNTY & STATE of TENNESSEE, would respectfully show unto your honor - that on the 16th day of June 1848, JOHN MILLER departed this life in the county of s'd after having made his last Will and Testament - which has been admitted to probate in the County Court of SUMNER & duly recorded - and that ELIJAH BODDIE, BRIGHT B. HARRIS, HARRIS ODOM and CHARLES WATKINS - the executors therein named - renounced the execution thereof before said court - whereupon your orator - was by said county court to wit on the 7th day of Aug. 1848 - appointed administrator of said JOHN MILLER dec'd with his Will annexed & was duly qualified & entered into bond & as such. A true copy of said will is herewith filed marked A, and made part of this Bill - By which it appears that Testator - after making certain provisions for his widow in lieu of dower - which he bought directed - that his land lying in SUMNER COUNTY - containing by estimation 233 1/2 acres, should be sold upon a credit of 1 - 2 & 3 years in equal installments at public sale to the highest bidder after having been advertised
as therein directed - and be a subsequent clause of said Will directed the proceeds - with other matters therein mentioned to be divided into five equal parts & distributed - To his grand daughter ELIZA FIELDS 1/5 & to his grand son JOEL MILLER 1/5 - and to the heirs of his son JOHN MILLER dec'd 1/5 and to the heirs of JAMES MILLER 1/5 and to his daughter SARAH JONES 1/5 - Your orator is advised that it became necessary that in order to carry out the wishes of Tes [the preceeding "Your orator is advised that it became necessary that in order to carry out the wishes of Tes" is marked through] Your orator charges that the persons whose names are mentioned as defendants in the caption of this Bill except the widow & AMERICAN BIBLE SOCIETY, are the persons to whom the proceeds of the sale of said land as afs'd [aforesaid] is devised -- Your orator is advised that he ____ of the renunciation of the said executors -- It becomes necessary to procure the order & decree of your honor - directing him to sell said land & divide the proceeds as directed by the Will which he now asks your honor to do -- It not being desirable to rent out the same - and the widow having removed - he deems it important that the sale should take place as soon as practicable -- He therefore prays your honor to so direct --
Your orator would further show your honor - that testator in & by his Will made certain provisions in favor of his slaves by which he directed that they should be permitted to choose to whom they should be hired from time to time - and to receive certain portions of their hire - Your orator is advised that slaves cannot hold property - and that this bequest in their favor is void - and your orator would not as administrator, be protected in the law by paying them over their portions of their hire from time to time as directed by said Will. He therefore submits to your honor, this claim of the Will that the proper construction be given to it -- that he as Adm'r may act accordingly --
He would further show your honor that Testator has by a subsequent clause of said Will, anticipated a fund to be on[?] hand at the death of all of said negroes to be created by the hire of said negroes - or rather the portion thereof, that may be remaining at the death of the last negro - which he has bequeathed to "The AMERICAN BIBLE SOCIETY" -- He submits to your honor[...]
[exact copy of page #2538]
C. No. [?]421 2
V.L. COLLIER Adm'r.
vs.) [?] Bill
MILLER & others
Filed September 21st, 1848
BALDRIDGE & HEAD [at bottom of page] sols.[solicitors]
THOMAS BARRY (Report)
vs. V.L. COLLIER ad --In this case, I would report that in pursuance to decree of this court made at the September term 1856, I offered at public sale at the court house door -- after giving thirty days notice at three public places in the county, the negroes mentioned in the pleadings -- The biddings being opened, Mrs. SARAH JONES bid $1,011 for JULIUS - and that being the highest and best bid, the same was knocked over to her [?] where she executed her note with V.L. COLLIER JR. as security payable four months after date. Mr. JONES also bidding five dollars [may have meant five hundred dollars since five dollars would have been too little in comparison to the others] for HARRY and that being the best bid, he became the purchaser executing his note with V.L. COLLIER as security payable four months after date.
I would further report that THOMAS BARRY offering one thousand and sixty-one dollars for
CHARLES -- and that being the highest bid, the same was struck off to him -- he executed his
note payable four months after date with ALEXANDER BURNS as security -- all of which is
WM. BLACKMORE C & M
V.L. COLLIER JR. vs.) ____
Your Comp't. GEORGE PAGE STEPHENS would respond that ANDERSON MILLER has departed this life in MISSIPPI [MISSISSIPPI] about three[?] years since and that no one has been appointed administrator on the [e]state. He refers to his original Bill filed in this case settling up his Debt by note which is justly due him - from said A. MILLER and by Bill the interest of said ANDERSON MILLER in the estate of his father[?] BEVERLY MILLER attached for the payment of s'd. Debt - - He therefore prays that an administrator of the said ANDERSON MILLER be appointed and he be made party to the original Bill as well as this amendment. Let him answer ____ ____ draw up this & and the said ____ in trust of s'd ANDERSON MILLER's be sold for the notes settling[?] up Comp't Debt. (He prays that this be worded as an amendment to his original Bill & for ____ ____.
Sworn to in open Court
JO. C GUILD
sol [solicitor] for Compt
March 12/ 56. W.H. BLACKMORE, C & M.
Filed March 12th, 1856
GUILD [written at bottom of page]
The Answer of BAXTER SMITH Administrator of ANDERSON MILLER dec'd to the original & Amended Bills of GEORGE PAGE STEPHENS, filed against him in the Chancery Court at GALLATIN.
Respondent saving and reserving the usual exceptions for answer to so much of the compl'ts Bill as he is of opinion is material for answer says that he supposes it is true as alleged in the original & amended Bill of compl't. that his intestate was indebted to compl't. in the amount charged as evidenced by the promissory note of the def'ts intestate filed with the original Bill in the cause marked exhibit -
Respondent further answering submits all legal questions arising in the cause to the consideration
of the court. And having fully answered, prays & to be hence dismissed with his costs.
SMITH sol.[solicitor] Sworn to before me the 12th day of March 1856 for Def'ts Adm.
W.H. BLACKMORE C & M
GEO. PAGE STEPHENS
vs. ) Answer of
Adm'r. of ANDERSON MILLER
filed March 12th, 1856
SMITH [written at bottom of page]
VINES L. COLLIER
& BEVERLY MILLER
GEORGE PAGE STEPHENS )
vs. These causes consolidated by order of the
VINES L. COLLIER ) court.
& ANDERSON MILLER ) Be it remembered that these causes came for hearing before Chancellor RIDLEY on the 16th April 1847[?] upon the ____ of ANDERSON MILLER & the separate cause of VINES L. COLLIER JR. & it appearing to the satisfaction of the court that ANDERSON MILLER, a non resident of this State, is justly indebted to the compl't. in the sum of $644. 75/100, it being principle and interest on his note given on the 8th May 1849 & that he, as the son & one of the heirs of his father JOHN B. MILLER, is entitled to his share of such portions of said estate as by by [repeated in original] the construction[?] of the Chancery Court as did not ____ by the will of the s'd JOHN B. MILLER dec'd & of which were his negroes of which he dec'd intestate & that the compl't had a right to look to such interest as he may have in s'd estate for the satisfaction of s'd debt, because it does not appear what the value of s'd estate is in hands of s'd COLLIER Administrator, it ordered & ____ by the court that this cause be referred to the Clk. & Master of this court, who will take account of said estate of which he died intestate & report of what it consists & its value ascertain'g the portion of s'd estate coming to ANDERSON MILLER charging each heir with their advancements & report to next term of the court.
And it further appearing in the case of WM. TROUSDALE that BEVERLY MILLER is indebted to him in the sum of $75 with interest from 24th April 1846 & that BEVERLY MILLER is interested in like manner in the estate of his father of which he died intestate under the construction of the Chancery Court & the compl't is entitled to look to the source for the satisfaction of his debt. It therefore decreed that the like reference & report be made in this case as in the other. It further ordered on the petition J.C. GUILD that a reference & report be made in regard to his fee in attending to the case of BEVERLY MILLER's interest in s'd estate & the question of its priority is reserved & that a report be made at the next term of the court. In stating the account, the clerk, will, report, it there be any outstanding debts against the estate - & unsatisfied specific legacies -
112.50 Ent'd [written sideways]
2 « BARRY [written sideways]
The joint & separate answer of HENRY E. JONES & wife SARAH JONES to the bill of VINES L. COLLIER Adm'r. of JOHN MILLER dec'd with his will annexed - filed against them & others in the Chancery Court of SUMNER.
The defendants for answer to said Bill - say that the statements in the Bill regarding the death of
JNO. MILLER's will, the probate thereof, renunciation of the executors therein named - and the
appointment of complainant - as Adm'r are all true and that exhibit A in the Bill is a copy of said
will - They also admit that the defendants mentioned in the Bill are the devisors - mentioned &
designated in said will - They submit to the request of the Administrator to have the land sold -
and join with heirs in the request to the court to have the same sold as soon as it can with
propriety be done - The defendants also admit that they are entitled under said will according to
the levies & legal aspect thereof as mentioned in the Bill with remainder over to the wife of
complainant - as in & by the will is expressed - They also insist upon the construction of said will
as is contended for by the complainant - That the bequests in favor of the slaves - is void - and
also that in favor of the AMERICAN BIBLE SOCIETY - These defendants desire that your
honor will settle by your decree - the true construction of said will - and the legal effect thereof -
and having answered fully, pray to be ____ ____ with their costs.A
BALDRIDGE & HEAD
STATE of TENNESSEE
SUMNER COUNTY - HENRY E. JONES & wife SARAH make oath that the matter & things stated in the foregoing answer of their own knowledge are true & those stated from information they believe to be true.
Sworn to & subscribed
before me this 28th Sept.1848 SARAH JONES [signature]
W.M. BLACKMORE c & m
pr. N.D. SMITH Dpty. HENRY E. JONES
Ans'r of JONES & wife
Filed Sept. 28th 1848
J.W. HEAD ____ and says, that Mr. BALDRIDGE and himself filed a bill for the construction of the will of JNO. B. MILLER deceased. Col. GUILD, as well as he recollects, was counsel for BEVERLY MILLER. ____ ____ final questions arose in other case. He was of the opinion that a fee of fifty dollars would be reasonable allowance to Col. GUILD for his services in said cause. His services have continued to be rendered until ____ and the cause is not yet fully disposed of. The account of the adm'r - will be reported to the present term.
>From the statement of Col. HEAD in regard to his services of Col. GUILD in the cause referred
to, I concur with him that fifty dollars would be a reasonable fee for said services.
Sworn to before me March the 8th 1856
W. H. BLACKMORE
[back side of page #2553]
Depositions of J.W. HEAD
& W.S. MUNDAY
STATE of IOWA )In the FREMONT Probate Court COUNTY of FREMONT
11th day of January 1853.
Among the records & proceedings of said Court made on the 11th day of said month on the
following, to wit;
Now is it represented to the Court here that CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, and JENNETTA ARGYLE of said COUNTY of FREMONT, minor children of ARCHIBALD H. ARGYLE and ELIZA JANE beth his wife, who was prior to her marriage ELIZA JANE MILLER, and a daughter of JAMES MILLER and Grand daughter of JOHN B. MILLER, late of SUMNER COUNTY in the STATE of TENNESSEE, deceased; are together with FREDERICK ARGYLE and MARY S. SINGLETON formerly MARY S. ARGYLE who are of age, entitled to a distribution share of the estate of the said JOHN B. MILLER which is in the STATE of TENNESSEE. It is therefore ordered that ARCHIBALD H. ARGYLE be and hereby is appointed Guardian of JOHN THOMAS ARGYLE and JENNETTA ARGYLE who are under the age of fourteen years. And CATHERINE B. ARGYLE makes choice of the said A.H. ARGYLE as Guardian, and therefore the said A.H. ARGYLE is duly appointed Guardian of said minors to take charge of and manage said estate of said minors, and therefore the said A.H. ARGYLE files his bond in the Court here for the faithful performance of his duties as Guardian as aforesaid in the sum of fifteen hundred dollars with ALLEN A. BRADFORD and JOHN J. SINGLETON as his securities and the Court having examined the said bond and the security thereto, approve of the same, and the said ARCHIBALD H. ARGYLE having taken the oath required by law as guardian, is hereby duly authorized to act as Guardian of the said estate of the said CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, and JENNETTA ARGYLE.
(Bond) Know all men by these presents that we ARCHIBALD H. ARGYLE as principal and ALLEN A. BRADFORD, and JOHN J. SINGLETON as his security, acknowledge
ourselves to be held and firmly bound unto the COUNTY of FREMONT in the STATE of IOWA in the sum of Fifteen hundred Dollars for the payment of which we bind ourselves, our heirs, and executors firmly by these presents, sealed with our seals and dated this 11th day of January AD 1853. The condition of the above bond is that whereas the above bound A.H. ARGYLE has been duly appointed Guardian of the estate of CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, JENNETTA ARGYLE which is derived from JOHN B. MILLER late of SUMNER COUNTY in the STATE of TENNESSEE, deceased, who was the great Grandfather of said minors now if the said A.H. ARGYLE shall faithfully discharge the duties of Guardian as aforesaid according to law, then this bond shall be void, otherwise to remain in full force and virtue in law.
A. H. ARGYLE, (seal)
ALLEN A. BRADFORD, (seal)
J.J. SINGLETON, (seal)
In testimony whereof, I have hereunto set my hand and
affixed my seal of office this 21st day of September A.D. 1853. JAMES H. COWLES (Clerk's
I, THOMAS GREENWOOD, Judge of the County Court of FREMONT COUNTY, IOWA, certify that by the laws of the STATE of IOWA, the County Court is possessed of probate jurisdiction. I further certify that the appointment of A.H. ARGYLE as guardian & as it appears in the foregoing record is according to the laws
of the STATE of IOWA, and that the guardian aforesaid, as well as his securities, are solvent and good for the penalty of the bond.
In testimony whereof I have herewith set my hand and affixed my seal of office this 21st day of September A.D. 1853.
THOMAS GREENWOOD County Judge
[back side of page #2555, or #2556, or #2557]
ARGYLE's record [written sideways] 147.06
[repeat of page #2558]
VINES L. COLLIER JR. To ABRAM L. DENNOFS[?] Exr of LUCY MILLER Dr. To 5 months annuity - to said LUCY MILLER under the will of her husband at $10 per month. $50
STATE of TENNESSEE )
DAVIDSON COUNTY ) This day personally appeared before me an acting Justice of the Peace for DAVIDSON COUNTY, TENN. ABRAM L. DENNOFS[?] who made oath in due form of law that LUCY MILLER died on the 2nd of June 1856.
ABRAM L. DENNOFS[?]
Subscribed and sworn to before me - March 22nd, 1858
ANDREW GREGORY ____
Rec'd payment in full from VINES L. COLLIER JR.
March 27th, 1858.
G.G. BRADFORD, Atty.
The Bill of Complaint of WM. TROUSDALE, filed in the Chancery Court of SUMNER COUNTY, vs. BEVERLY MILLER and VINES L. COLLIER JR., administrator of J.B. MILLER.
Honorably complaining your orator WM. TROUSDALE - a citizen of SUMNER COUNTY would respectfully show to your honor that BEVERLY MILLER who is now in CALIFORNIA and who resides in the STATE of KENTUCKY, owes heirs[?] about $576.25, which fully shows by the note marked Exhibit A made a part of this Bill. Your orator would further show, that the said MILLER left this State insolvent but that he now has or will have a small distribution share from the estate of his father JOHN B. MILLER who died in SUMNER COUNTY, VINES L. COLLIER JR., administrator upon said estate. He is a citizen of SUMNER COUNTY. Your orator alledges that the amount of said note with interest on the same is now justly due and that he has no way of collecting the same except by Bill of Attachment. The premises considered, he is without remedy since in a Court of Equity, he therefore prays your honor to make
the said COLLIER and MILLER defendants to this Bill, let a copy and subpoena issue, let publication be made so to MILLER, let them answer all the allegations and specifications in this Bill on oath - he prays your honor for writs of Attachment and Injunction, this being the first application for the same - upon the final hearing. He prays your honor to decree him the amount of the said note and interest to be paid out of the distribution share which the said MILLER will have due him from the said administrator COLLIER, he prays your honor for such other and further relief as he is entitled to and as in duty bound he will ever pray & c.
BARRY sol. [solicitor]
This day personally appeared before me WM. TROUSDALE and oath that the facts stated in the foregoing Bill, as of his own knowledge are true and those stated on information he believes to be true.
Sworn to before me W. TROUSDALE
this 26 Oct. 1849
To the Clerk & Master of the Chancery Court at GALLATIN, upon Complainants giving bond with sufficient security in double the amount of the debt charge in the foregoing Bill, let the writ of attachment appear as prayed. GALLATIN. 26 Oct. 1849
THO. MANNY, Judge
[back side of page #2563]
Complainant for Replication to defendant. Comp't.[?] answer says that the same is untrue, uncertain, and insufficient to buy[?] him of the relief asked for in his Bill and that his Bill is true, certain, and sufficient, and this he is ready to maintain according to the rules of the Court.
April 22nd, 1850 BARRY for Compl.
[written sideways on same page:] Rule[?] D No. 706
vs. ) Attach - Bill
V. L. COLLIER JR. & MILLER
The petition of JO. C. GUILD to the ____ Chancery Court of SUMNER.
Your petitioner JO. C. GUILD would show your honor that he was the employed attorney of ____ BEVERLY MILLER touching his interest in the estate of his father, and that he as his attorney did attend to the lawsuit touching said interest and ____ to secure the same which is yet in the hands of the administrator, and which interest the comp'ts suit is to subject to the payment of comp'ts debt. The Petitioner insists that he has a law[?] in equity upon said interest for the payment of a ____ ____ for his services - and therefore he prays that this value be refund[refunded] to the clerk or ____ said account and ____ in the ____ and report the same to right Term,
JO. C. GUILD
Sworn to in open Court
17 Apl. 1857
[back of previous page]
On this the eight day of May in the year of our Lord one thousand eight hundred and forty nine, I bind myself, my heirs, and my administrators, executors & [?] to pay GEORGE PAGE STEPHENS or bearer five hundred and seventy six dollars and twenty five cents with interest untill [sic] paid for Borrowed money. I further waive all offsetts [sic] and do hereby confess judgement therefor - and release all errors. I hereby also waive all stay of execution from and after this date. Witness my hand and seal this eight day of May 1849.
NEW ORLEANS, STATE of LOUISIANA
ANDERSON MILLER (seal)
WM. H. HOLLAND
[back of previous page]
Filed by compl'ts. council,
Nov. 17th, 1849
[page # 2570]
V.L. COLLIER adm'r. of JNO. B. MILLER
Heirs of JNO. B. MILLER, & others
Be it remembered that it appearing to the court that THOMAS BARRY & his family[?] ____ BARRY[?] has not paid ____ note given to WM. H. BLACKMORE Clerk & Master for ____ of said town, due the 11th Feby. 1857[?] for $1,061 it being for the purchase of a negro under the decree of this court. It is proper decree that judgment be entered up[?] against the said BARRY & BARRY for $1,129.96 being principle and interest in from of s'd. BLACKMORE Clerk & and ____ ____ and retrieve for costs of this motion.
The separate answer of V.L. COLLIER Adminst. of JNO. B. MILLER to the Bill of G.P. STEPHENS filed in the Chancery Court of SUMNER against respondt. & ANDERSON MILLER - This respondt. ____ & reserving for answer to said Bill - says that he knows nothing of the indebtedness as charged in the Bill against his codefendant - he admits that he is the admr. with the will annexed as charged -- that a bill was filed for a court motion of first will as charged - & a decree accordingly - to which decree & will he refers and makes the same part of his answer - By which it will appear that the bequests in favor of said negroes has been declared void & that Testator died intestate as to them - except so far as the widow of Testator was concerned - Respondt. owns that there was a bequest in said will in favor of the widow in lieu of dower which she excepts - ____ which is an annual sum of $120 during life to be paid her out of the annual hire of said negroes - and he is advised that the negroes are to be held by him and annually hired out for this purpose during her natural life - & that said widow has a lien upon the same for the annual payment of said $120 dollars and respondt. submits to your honor that no division of said negroes can take place ____ the heirs of dec'd. until during the life time of said widow --
Respondt. was qualified as Admr. with the will annexed at Aug. Term 1848 and said estate is not yet settled up & he claims the two years allowed him by law & until a settlement can be had & the trusts raised by the will are carried out & fully complied with ____ which are these negroes & their hire as above shown -
Respondt. further answering - states that there are five heirs and their representatives of said estate. ANDERSON MILLER being one of the children in whose favor there is no bequest under the will - so that he has no interest whatever in said estate except under the law of distribution to that portion of said estate not devised by said will or in that portion which by said decree did not pass by the will - which is only said negroes - upon which & their hire, the widow to receive, in lieu for the payment of $120 per year - during her life - There are only four negroes of said estate now living (one having died). The annual hire of whom is about $200 - the past year - & about the same this year -
It is true that these negroes are under the control of respondt. and are all hired out for the present year - These negroes are not valuable as a Lot. Two of them being old men & worth but little. The other two are men about 25 & 35 years old & valuable field hands - after payment of debts & expenses of administration- & the satisfaction of the lien of the widow - Defdt. admits that his co defendant will be entitled to 1/5 of the remainder which however he is not now able to state more specifically because he cannot foresee the condition of the same at the death of the widow before which he is advised no distribution can take place except for the surplus hire - Respondt. submits to your honor that property then situated cannot be attached & sold as desired by complt. for the debt in the bill mentioned & thereto[?] any decree he made taking any portion of the same out of the hands of respondt. he asks that refunding hand be given him as provided by law in cases of payment by Admr. to distribution & having answered full, prays to be heard -
Witnessed - BALDRIDGE & HEAD sols.[solicitors]
Sworn to & Subscribed
____ Jany. 14th, 1850 VINES L. COLLIER JR.
W.M. BLACKMORE c & m Administrator
__ N.D. SMITH D. C & M
[written sideways, at bottom of page]
GEO. PAGE STEPHENS
) Answer of
VINES L. COLLIER
filed January 14th, 1850
[repeat of bottom portion of page #2573]
To all persons to whom these presents shall come.
Know ye [?] that I ARCHIBALD H. ARGYLE of FREMONT COUNTY in the STATE of IOWA, being the legally constituted Guardian of CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, and JENNETTA ARGYLE, minor children of ELIZA JANE ARGYLE, deceased, who was prior to her marriage ELIZA JANE MILLER and daughter of JAMES MILLER and Grand Daughter of JOHN B. MILLER, late of SUMNER COUNTY in the STATE of TENNESSEE, deceased, do by these presents, constitute and appoint THOMAS BARRY of SUMNER COUNTY in the STATE of TENNESSEE, ____ true and lawful attorney, for me and in my name to ask, demand, and receive of the executor of the estate of the said JOHN B. MILLER all ____ ____ of money or property as may belong to the above named minors as heirs of the estate of the said JOHN B. MILLER deceased, hereby giving to my full power and authority to affect and receive the interest of said minors in said estate and to all things necessary for the obtaining thereof in as full and complete a manner as I could do if personally present and acting for myself and hereby ratifying and making firm in law all, my said attorney may lawfully do by virtue hereof.
In testimony whereof I have hereunto set my hand and seal this 14th day of January A.D. 1850. Witness C. W. PIERCE
A. H. ARGYLE (seal)
T. [?] LOCKWOOD
STATE of IOWA )
COUNTY of FREMONT }___
Be it remembered that on the 14th day of January in the year eighteen hundred and fifty three, personally and before me THOMAS GREENWOOD, County Judge, ARCHIBALD H. ARGYLE who is personally known to me to be the person whose name is subscribed to the foregoing letter of attorney as the party executing the same and is acknowledged that he executed and delivered the same as his voluntary act and deed for the proposes therein mentioned.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 14th day of January AD 1853.
THOMAS GREENWOOD, County Judge
NEW ORLEANS, May 8th, 1849
To COL. GUILD.
The enclosed judgement note againts [sic] MAJOR ANDERSON MILLER for five hundred and seventy six dollars and twenty five cents, I hand you for collection. His Father - died last summer - in your County and left his Real Estate by will to be sold on one, two, and three years and it to be divided equally amongst his children as the payments fell due. You will please take such means as is necessary to secure so much of the dividend that will fall to ANDERSON MILLER's share as will satisfy the note. You will please acknowledge the receipt of this and also inform me what the property sold for and what are the amounts of the diferent [sic] payments. MAJOR EASTLAND your friend recomended [sic] me to you.
Respectfully yours --
Ob't Ser't [obedient servant]
GEORGE PAGE STEPHENS
P.S. There may be something coming to him out of the personal property.
[written vertically on page]
[written horizontally across page]
[written vertically on page]
The separate answer of LUCY MILLER to the bill of complaint filed against her and others in the Chancery Court of SUMNER COUNTY.
This respondent saving and reserving to herself the usual exception ___ for answer to said bill so much thereof as she is advised it is material for her to answer answers and says that it is true that she is the widow of JOHN MILLER deceased and that he departed this life at or about the time mentioned in said bill, and that prior to his death he made and published his last will & testament which she believes is correctly set forth in said said [repeated in original] bill, as exhibit A. She also admits that it is true that the executors named in said will renounced and that the complainant was duly qualified as set forth in said bill as the administrator with the bill annexed: and that she accepts the provision made for her in lieu of dower, but which has not yet been complied with, tho will be as soon she supposes as the nature of things will admit, but as she is old and very feeble she submits whether the $120 ordered to be paid her annually should not be paid by the administrator at the commencement of every year as it is important to her to have it at that time.
Respondent would further state that although she accepts and takes the provision made for her in the will in lieu of dower, yet she would not waive any of her rights to any property of her said husband which may be under ____ of by his will. And having fully answered, she prays hence to be dismissed with her reasonable costs.
Affidavit waived by plaintiff.
V.L. COLLIER Adm.
vs. ) ans.
MILLER et als.
of Mrs. MILLER
Charge box 58 [written in one corner]
NASHVILLE NOV 25 [postmark; year is illegible except for a 5, therefore, it is surely 185_. PAID [stamped]
5 [stamped enclosed in circle]
J.W. BALDRIDGE Esqr.
I have proceeded to take and state an account in the cases of WM. TROUSDALE vs. V.L. COLLIER Adm. & others and G.P. STEPHENS vs. V.L. COLLIER Adm. & others and find as follows -
Debt of WILLIAM TROUSDALE against BEVERLY MILLER, as appears by the ____ rendered on the 16 day of Ap;. 1851.
Interest from the ____ until 10th March /56 $44.97
____ in favor of STEPHENS vs. ANDERSON MILLER rendered on the 16 day of Apl. 1851.
Interest on same to 10 March 1856 $188.2_
>From the testimony of W.S. MUNDY and J.W. HEAD, I report that JO. C. GUILD was counsel of BEVERLY MILLER in the original cause of COLLIER admn. - vs. him & others and that he is entitled as a confirmation for his services to a fee of $50.00
I have also stated ____ the account of the adms. V.L. COLLIER as follows, to wit.
Amount ___ on settlement 24 Dec. 1850 $210.00
Int. to 10 March 1856 65.10
Negro hire for 1850 205.00
Interest from 1 Jany. 1851 to 10 March /56 63.50
Negro hire for 1851 245.00
Interest from 1 Jany. /52 to 10 March /56 61.25
Negro hire for 1852 215.00
Int. from 1 Jany. /53 to March /56 40.85
Negro hire for 1853 218.00
Int. from 1 Jany. /54 to 10 March /56 38.34
Amount brought forward $1362.04
Negro hire for 1854 239.00
Int. from 1st Jany. 1855 to 10 march /56 16.73
Negro hire for 1855 255.00
Int. to 10 March 1856 2.55
By account of BALDRIDGE & HEAD 175.00
Int. from 1 Jany. 1856 to 10 March /56 54.25
Amount paid Mrs. MILLER 650.00
Int. from Jany. 10 /51 to 10 March /56 199.87
Mrs. MILLERs annuity for 1850 120.00
Int. from 1 Jany. 51 to 10 March /56 37.20
Mrs. MILLERs annuity for 1852 120.00
Int. from 1 Jany. 53 to 10 March /56 22.80
Mrs. MILLERs annuity for 1853 120.00
Int. from 1 Jany. 54 to 10 march /56 15.60
Mrs. MILLERs for 1854 120.00
Int. from 1 Jany. /55 to 10 March /56 8.40
Mrs. MILLERs annuity for 1855 120.00
Int. from 1 Jany. /56 to 10 March /56 1.20
Tax receipt paid 17th Jany. /56 3.75
Tax receipt for 1855 3.00
Paid of TIM [?] HUNT 9 Dec. 1854 16.00
Int. to 10 March 1856 1.25
Dr. ____ ___ Jany. 1, 1855 12.00
Int. to 10 March 1856 .14
___ ANDERSON's receipt 9 Jan. /53 18.00
Int. to 10 March /56 2.88
Tax receipt for 1853 2.52 1974.56
Account brought forward $1974.96
Int. on last item to pay 10 March /56 $ .33
Tax receipt for 1852 2.40
Int. to 10 March /56 .45
Tax receipt for 1851 2.40
Int. to 10 March /56 .55
BRIGGS [?] receipt 2.00
Int. to 10 March /56 .55
Tax receipt for 1854 3.20 $11.88
Amount $ 1886.84
Balance in favor of the administrator having prepaid [?]$111.52
Add to this the allowance to the administrator & c. - $ 33.00
I further report that two of the negroes, to wit LEWIS & $144.52
JERRY are dead, leaving only the slaves JULIUS, CHARLES, & HARRY living, upon which the annuity of the widow of $120 is a charge. All which is respectfully submitted to the court.
W.H. BLACKMORE C & M
VINES L. COLLIER JR. adm. & vs.
SALLY JONES & others
Be it remembered that the above cause came on for hearing upon this the 11th day of March 1857 before B.L. RIDLEY Chancellor & c. upon the report of the Clerk and Master which is the words and figures as follows (here inserted) which report being unaccepted to is in all things confirmed and the al right & title of all the [the preceeding and the al right & title of all the is marked through] and it is further ordered adjudged and decreed by the Court that all the right title and interest of all the parties be divested out of said negroes and that the same be vested in the purchasers according to the report respectively and their heirs forever. It is further ordered that a copy of this decree by furnished for Registration.
[THE WILL OF JOHN B. MILLER]
[Copy found within Lawsuit #7041, WILLIAM TROUSDALE vs. VINES COLLIER JR. of Sumner County, Tennessee]
I JOHN MILLER, being of sound and disposing mind, do make this my last will and testament, revoking all wills by me at any time heretofore made.
I give and bequeath to my beloved wife LUCY MILLER and her heirs forever, in lieu of dower, one negro Girl about fifteen years old, of first rate quality which I intend to purchase before my death, but if I do not make said purchase before my death, I hereby direct my Executors to make it out of the money arising from the sale of my stock and crop on hand, or growing at my death. I also give my said wife LUCY one horse saddle and bridle, one bed, bedstead, and furniture, one bureau, and one hundred and twenty dollars a year payable annually during her natural life to be paid out of the annual hire of my negroes.
I will and bequeath that my tract of land on which I now live, of two hundred and thirty three and a half acres, be sold on a credit of one, two, and three years, in equal installments, at public sale to the highest bidder, being first advertised forty days in same public newspaper printed in LEXINGTON, KENTUCKY and NASHVILLE TENNESSEE, also in LOUISVILLE, KENTUCKY, and GALLATIN, TENNESSEE.
I will that all my stock of everything not otherwise disposed of by this will, be sold by my Executors, and all my household and kitchen furniture, and farming tools and utinsils [sic] on a credit on one year and the fund arising from the sale, after purchasing a negro girl for my wife LUCY MILLER, should I fail to make said purchase myself, and paying off and discharging a note due from me to ELIJAH BODDIE Esqr. for nine hundred dollars and interest, which I borrowed from him - together with the fund arising from the sale of my land -- I give and bequeath equally, in five shares as follows to wit I give
and bequeath to my grand daughter ELIZA FIELD by the request of her Father, ANDERSON MILLER, one equal fifth part of said fund, to her and her heirs forever. I give and bequeath to my Grand son JOEL MILLER -- son of BEVERLY MILLER one equal fifth part of said fund, to him and his heirs forever - but to be drawn from my Executors by his father BEVERLY MILLER without security being given, upon the receipt [?] of the said BEVERLY MILLER alone. I give and bequeath to the heirs of my deceased son, JOHN MILLER and their heirs for ever, the one fifth part of said fund. I give and bequeath to the heirs of my deceased son JAMES MILLER and their heirs for ever the one fifth part of said fund. I give and bequeath to my daughter SARAH JONES, the one fifth part of said fund and a negro woman named HANNAH, with remainder to her daughter SUSAN COLLIER, after the decease of her Mother, and on paying over to my daughter, my Executors, are to require bond and security for payment of the remainder to SUSAN should she survive her Mother. But should my grand daughter SUSAN COLLIER die without heirs of her body, living at her death, then I give and bequeath her share of the fund heretofore given in this will and the negro woman HANNAH to be equally divided amongst the following Legatees, to wit. ELIZA FIELD, daughter of ANDERSON MILLER, and JOEL MILLER to have one fourth each and the heirs of JOHN and JAMES MILLER deceased one fourth each set of heirs.
I will and bequeath that my negroes HARRY, JERRY, JULIUS, LEWIS, and CHARLES be hired out annually to persons with whom they may respectively wish to live, and that said negroes each receive annually, during the life of my wife LUCY MILLER six dollars out of his hire, and the balance, should there be any, after paying my wife LUCY MILLER annually one hundred and twenty dollars to be loaned out at interest annually as a fund in reserve to keep said negroes from becoming a County
Charge, and to supply their wants, should they live to be old and helpless.
I will that at the death of my wife LUCY MILLER, said negroes be hired out as before, during their respective lives, and that each of them secure annually one half of his hire during life, the balance of said hire to be annually loaned out by my Executors to prevent said negroes from becoming a County Charge; and at the death of all of said negroes, the fund remaining, I give and bequeath to the AMERICAN BIBLE SOCIETY.
I will that twenty-five feet square of Land, including the grave yard of my deceased wife SUSAN MILLER and my deceased daughters, shall not be sold, but shall be kept as a burying ground for myself and family, and that my Executors enclose my grave with a suitable Tomb Stone - and the Grave Yard with a new [?] stone wall at my expense.
And lastly, I nominate and appoint my friends ELIJAH BODDIE, BRIGHT B. HARRIS, HARRIS ODOM, and CHARLES WATKINS my Executors to this my last Will and Testament. In witness whereof I do to this my last will, set my hand and seal, this fourth day of May 1848.
JOHN MILLER (seal)
Signed, sealed, and published in our presence, and
we have subscribed our names thereto in the presence
of the Testator
. C.[?] H. GRAY
STATE of TENNESSEE ) I, WILLIAM S. MUNDAY, Clerk of the County Court of SUMNER COUNTY ) said County, do hereby certify that the foregoing contains a full, true, and perfect transcript of the original will of JOHN MILLER, as now appears of record in my office, this 12th day of August A.D. 1848.
WILLIAM S. MUNDAY, Clerk
[back side of page #2589]
The Last Will & Testament
Exhibit A. in the Bill
The separate answer of V.L. COLLIER Admr. to the Bill of WM. TROUSDALE filed against him & B. MILLER in the Chancery Court of SUMNER.
This respond't., saving & reserving __ for answer to said Bill as far as he is advised he should answer thereto says, that it is true that he is the Admr. of JNO. B. MILLER dec'd. with his will annexed - That there is a decree by the Chancery Court of SUMNER upon certain claims of said will upon the subject of the negroes belonging to said estate & also a bequest in favor of the AMERICAN BIBLE SOCIETY by which the Chancellor declare by said decree that said bequests, to a certain extent were void and that the Testator died interstate as to that except so far as the bequests in favor of the Widow were concerned. - The said decree & will are hereby referred to & made part of this answer by which these matters will ___ fully appear. -- Respond't. further answering states - that by said will, his codefendant has no interest in said estate but being one of the children of Testator, he is advised that he wants to have an interest as an heir under our acts of distribution in any & all property which the Testator did not dispose of by his will after all debts and expenses of Administrator are paid - Respond't. was qualified as Admr. about Aug. 1848. the estate is not settled up and he is unable to state what interest, if any, said BEVERLY may have, he would further state that there is a ____ retained by said will in favor of the s'd. Widow for the payment to her of $120 annually for life out of the hire of said negroes and that he is advised they cannot be divided or distributed during the life time of the Widow, and that any interest the heirs may have in this property, cannot be realized or ____ during her life - and that they would only be entitled annually to the surplus of the annual hire if any from year to year during her life -
Respond't. submits to the court, whether compl't. has the right there to attach such an interest - and respond't. in the court [?] he is divested to pay over to complt. what may
be found due BEVERLY MILLER in his hands requires refunding bonds to be given as in the case of paying over to a distribute [?].
Respond't. knows nothing of the indebted ___ of his codefdt. [co-defendant]. to complt. He claims the benefit of the law allowing two years for settlement & until the matters of the estate can be fully ascertained & settled - & having answered fully, prays to be hence dismissed.
BALDRIDGE & HEAD Sol'tor. [solicitors]
Sworn to & subscribed VINES L. COLLIER JR.
before me this 14th Jany. 1850 Administrator
W.M. BLACKMORE C & M
pr. N.D. SMITH D.C & M
vs. ) Answer of
Filed Janry. 14th, 1851
This Indenture made this the ninth day of May in the year of our Lord, one thousand eight hundred and twenty six, between NATHAN BARNES of the STATE of TENNESSEE and COUNTY of SUMNER of the first part, and JOHN B. MILLER of the STATE of aforesaid and the COUNTY of DAVIDSON of the second part.
Witnesseth that the said NATHAN BARNES for and in consideration of the sum of two thousand three hundred and thirty five dollars to him in hand paid by the said JOHN B. MILLER the receipt whereof is hereby acknowledged, has granted, conveyed, bargained, sold, and delivered to the said JOHN B. MILLER and his heirs forever, a certain tract or parcel of land lying and situated in the STATE aforesaid and the COUNTY of SUMNER and bounded as follows: Beginning at a rock or Elm at the south east corner of land purchased by the said NATHAN BARNES from ALLEN PURVIS [?] formerly called HOGAN's tract, running thence west one degree south eighty three poles and five links to a rock the corner of KING PARKER and said JOHN B. MILLER, thence with a new [?] chosen [?] line of said KING PARKER north sixty seven degrees west, two hundred and seventy one poles and twenty nine links to two white oaks on ROBERT LAMONCE [?] Res. [?] = __ boundary, thence north with his line sixty six poles to a stake, the northwest corner of said tract. It is also the southwest corner of JOHN MITCHELL's tract, thence east with MITCHELL's line two hundred and forty two poles to the middle of the creek, thence down the middle of the creek with the various meanders south ten degrees and thirty four poles, thence south thirty six degrees, East fifty four poles, north eighty five, East fifteen poles, South thirty one degrees, East thirty six poles, South fifty degrees, East forty poles, South thirty degrees, East eighty poles, South seventy three degrees, East thirteen poles, to the Eastern boundary of said HOGAN's tract near on old mill dam, thence South three degrees, East twenty one poles with said boundary to the beginning containing two hundred and thirty three and one half acres of land. To have and to hold the aforesaid tract or parcel of land together with all the apurtanances [sic-appurtenances], rents, profits, and amolements [emoluments ?] thereunto belonging or any wise [?] appertaining to give [?] the said JOHN B. MILLER, his heirs forever. And the s'd. NATHAN BARNES, for himself, his heirs, executors, or administrators covenants with the said JOHN B. MILLER and his heirs to warrant and forever defend the title of the said tract or parcel of land from the claim or claims of any and all persons whatever.
In testimony of all which the said NATHAN BARNES has signed his name and afixed [sic] his seal the day and year above written.
Signed, sealed, and
delivered in the presents [sic]
of us. NATHAN BARNES (seal)
H. __ PARKER
ELAM __ PARKER
STATE of TENNESSEE
SUMNER COUNTY Court May Term 1826.
This deed of bargain and sale from NATHAN BARNES to J.B. MILLER for two hundred and thirty three & one half acres of land was duly acknowledge in open court by the bargainor [sic] & ordered to be registered. A Copy Text [?]
A.H. DOUGLASS, Clerk
STATE of TENNESSEE )
SUMNER COUNTY ) Register's office GALLATIN.
The within Deed and probate is duly Registered & Examined at my office in Book R page 255 this 20th day of September 1826.
JAMES DOUGLASS, Register
By N. DOUGLASS DR
[back side of page #2596]
233 1/2 Acres
Clk. ___ 48 cents pd.
Register ___ all paid.
STATE of IOWA ) To the FREMONT Probate Court
COUNTY of FREMONT ) January 11th A.D. 1853
Among the records and proceedings of said Court ____ on the 11th day of said month are the following to wit --
Now it is has [?] been [?] presented to the Court how that CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, and JENNETTA ARGYLE of said COUNTY of FREMONT, minor children of ARCHIBALD H. ARGYLE and ELIZABETH his wife, was prior to her marriage ELIZA JANE MILLER and a daughter of JAMES MILLER and Grand Daughter of JOHN B. MILLER, late of SUMNER COUNTY in the STATE of TENNESSEE, deceased, are with ____ SINCLAIR __ ARGYLE and MARY S. SINGLETON formerly MARY S. ARGYLE who are of full age, entitled to a distribution share of the estate of the said JOHN B. MILLER which is in the STATE of TENNESSEE. It is therefore ordered that ARCHIBALD H. ARGYLE be and hereby is appointed Guardian of JOHN THOMAS ARGYLE and JENNETTA ARGYLE who are under the age of fourteen years and CATHERINE B. ARGYLE makes ____ of the said A.H. ARGYLE as Guardian and therefore the said A.H. ARGYLE is duly appointed Guardian of said minors to take charge of said ____ said estate of said minors. And therefore the said A.H. ARGYLE files his bond in the Court ____ for the faithful performance of his duties as Guardian as aforesaid in the above. Fifteen hundred dollars with ALLEN A. BRADFORD and JOHN J. SINGLETON as his securities and the Court ____, examined the said bond and the security hereto affixed of the same and the said A.H. ARGYLE, having taken oath required by law a Guardian
is hereby duly authorized to act as Guardian of the said estate of the said CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, and JENNETTA ARGYLE.
I THOMAS GREENWOOD, COUNTY Judge of FREMONT COUNTY hereby certify that the
foregoing is truly taken [?] from the records of said Court in my office.
In Testimony whereof I have hereunto set my hand and affixed my seal of office this 13th day of January A.D. 1853.
THOMAS GREENWOOD, County Judge
STATE of IOWA )
COUNTY of FREMONT)
I, the County Clerk of the District Court for said County hereby certify that by the laws of the STATE of IOWA, the County Court is ____ of Probate ____ ____, and that the foregoing signature and attestation of THOMAS GREENWOOD Judge of said Court is genuine, and I further certify that ALLEN A. BRADFORD and JOHN J. SINGLETON who are securities in the Guardian's Bond mentioned in the foregoing transcript, are ____ ____ for the sum of Fifteen hundred dollars.
In testimony thereof, I have hereunto set my hand and the seal of said Court this 12th day of January A.D. 1853.
JAMES H. COWLES, Clerk
Know all men by these presents that we ARCHIBALD H. ARGYLE as principal and ALLEN A. BRADFORD and JOHN J. SINGLETON as his security, acknowledge ourselves to be held and firmly bound unto the COUNTY of FREMONT in the STATE of IOWA in the sum of Fifteen Hundred Dollars for the payment of which we bind ourselves, our heirs, and executors firmly by these presents, sealed with our seals, and dated this 11th day of January A.D. 1853.
The condition of the above bond is that whereas the above bound A.H. ARGYLE has been duly appointed Guardian of the Estate of CATHERINE B. ARGYLE, JOHN THOMAS ARGYLE, and JENNETTA ARGYLE which is derived from JOHN B. MILLER late of SUMNER COUNTY in the STATE of TENNESSEE deceased who was the great Grandfather of said minors, now if the said A.H. ARGYLE shall faithfully discharge the duties of Guardian as aforesaid according to law there, the bond shall be void otherwise to remain in full force and virtue in law. A.H. ARGYLE (seal)
ALLEN A. BRADFORD (seal)
J.J. SINGLETON (seal)
I THOMAS GREENWOOD, County Judge of FREMONT COUNTY do hereby certify the fore
going a true copy of the original Bond as filed in my office.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 13th day of January 1853.
THOMAS GREENWOOD, County Judge
I THOMAS GREENWOOD Judge of the County Court, FREMONT COUNTY, hereby approve of the penalty and virtue of the within Bond.
Sworn under my hand this 14th day of January A.D. 1853.
[the preceeding "I THOMAS GREENWOOD Judge....January A.D. 1853." is marked through]
I A.H. ARGYLE do solemnly swear that I will.
JOHN B. MILLER's field
6_ 3_ ------- 127 16_ N 32 W 77 po [? poles] 34 S 56 W 80 po [? poles] to lane 63 1/2 S 67 W 91 po [? poles] 2_2 N 55 W 38 po [? poles] to barn [?] 50 42 / 5334 / 133 33[written sideways] >From the corner of the orchard run up the fence near the house 20 ___ 2 1/2 barns [?]. From corner of orchard at the lane run with the fence 20 ___ and 6 1/2 ____.
59 /26 /59 116 26 13 29 1/2 42 1/2 85 13 232 42 1/2 42 1/2 46__ 5_ /4930 123 30