State archives roll #40 Haywood County, Tennessee
County Clerk Minutes Volume I, February 1865 – March 1869
Haywood Co., TN. Court minutes; Vol. H; pg. 626-30
November Term, 1864
H. R. Johnson & Chrs. R. Johnson
Ann E. Whitaker
l. D. Whitaker
Zach T. Johnson
J. F. Wortham
Be it remembered that this cause came on for final hearing on Nov. 7, 1864 before the worshipful county court of Haywood County, TN. On the report of the commissioners was appointed at a previous term of this court which report is in the following words and figures, to wit:
To the worshipful county court of Haywood County, Tennessee–the undersigned was at the June term of your worshipful body appointed commissioners to divide the slave property of the estate of the late Charles R. Johnson, dec’d., among his heirs.
First, having been duly qualified was provided to discharge the duty assigned us and to submit the following report as follows: there are 9 heirs and the money value of each division or share is $811.99.
- Lot #1 C. R. Johnson, Jr. received negro woman Martha and boy Jerry valued at $925. 00.
- Lot #2 Nancy Johnson received negro woman Manda & Cherry; valued at $675. 00.
- Lot #3 Sarah Sanders received negro woman Margaret and child Georgianna valued at $75. 00.
- Lot #4 Louisa Johnson received negro woman Mary and her child Willie, also a boy John valued at $975. 00.
- Lot #5 Z. T. Johnson received negro woman Priscilla & boy Silvester valued at $950. 00.
- Lot #6 W. R. Johnson received negro man Nelson valued at $700. 00.
- Lot #7 M. B. Midyett received negro man Peter valued at $700. 00
- Lot #8 John E. Castillow received negro girl Amanda & negro man Matthew valued at $807. 00.
- Lot #9 L. D. Whitaker received negro girl _______ and boy Joe valued at $825. 00.
In as much as some of the above heirs have received more and some less than their distribution according to the money value of the property divided and in order to equalize the division, C. R. Johnson, Jr. will pay to Nancy Johnson $113.12 and Louisa Johnson will pay her $23.76. Louisa Johnson will pay Sarah Sanders $61.88 and to William R. Johnson $77.48 and Z. T. Johnson will pay Wm. R. Johnson $34.40 and M. B. Midyett $103.72, L. D. Whitaker, M. B. Midyett $8.16 and J. E. Castillow $4.96.
We would further state that in this division is included negro girl Tennessee heretofore given to John E. Castillow by C. R. Johnson, dec’d. And there being no exception to said report, it is ordered & decreed that the same be in all things affirmed. It is therefore ordered that all the right & title which the parties above named except the said Charles R. Johnson have in and to the slaves Martha & Jerry be divested out of them and vested in the said Charles R. Johnson.
It is further ordered that all the right & title which the parties above named except said Sarah Sander have in and to the said slaves Margaret and her child, Georgianna, be divested out of them and vested in the said Sarah Sanders. Be it further ordered that all the right and title which the aforesaid parties except the said Adeline Midyett and her husband have in & to the said slave Peter be divested out of them and vested in the said Adeline Midyett and her husband.
It being represented to the court that the said W. R. Johnson has only a lifetime estate in the lands given to him by his father. It is therefore ordered by the court that if upon the production of his deed, this fact should appear, then the said WM. R. Shall have said lands allotted to him, but the commissioners shall value said lands at what they are worth at the present time.
It also appearing that the said WM. R. is the regular guardian of the said Louisa Johnson, therefore it is ordered that he be released from answering said petition for his ward and that J. F. Wortham be appointed guardian ad litem for the said Louisa and answer for her. And it further appearing to the court that the defendants had been summoned to appear and answer at the present term of this court which they failed to do. Therefore upon motion of the petitioners by their solicitor it is ordered that said defendants answer before the next term of this court, otherwise they will be considered as standing out in contempt of court.
August Term 1865, page 34
David WHITAKER admr. of Charles R. JOHNSON Ann E. WHITAKER & her husband, L. D. WHITAKER, Charles R. JOHNSON, Jr. Peggy CASTELLOW & her husband, Jno. CASTELLOW Sally SANDERS, Nancy JOHNSON vs Adeline MIDYETT & her husband, Milton MIDYETT, Wm. R. JOHNSON & Zack J. JOHNSON & Louisa JOHNSON, by their guardian; J. F. WORTHAM
Be it remembered that this cause came on to be heard on the 8th day of August 1865, before the Worshipful County Court for said County of Haywood, on the petition answers of all defendants by themselves or guardians, upon exhibits of proof in the cause and it appearing to the Court that in April 1864, C. R. JOHNSON departed this life intestate, in said county, leaving no widow, but the following children:
the said Wm. R. and C. R. JOHNSON; Ann E., who has intermarried with the said L. D. WHITAKER; Peggy, who has intermarried with the said Jno. CASTELOW; Sallie SANDERS, whose husband is dead; Adeline, who has intermarried with the said Milton MIDYETT; Nancy, Zack T., and Louisa, the last two being minors, J. F. WORTHAM, guardian of the said Zack T. and William JOHNSON, guardian of said Lousia, both appointed by the said County Court;
it further appearing to the Court that said C. R. JOHNSON had died seized and possessed of the tracts of land in the pleadings mentioned and that he had given his son, William, one hundred and fifty acres for the life of him, said William and
that the said intestate had given to his daughter, Adaline, one hundred and one half acres for her life; and it also appearing to the Court, that
the said Milton MIDYETT has paid five hundred dollars, part of the purchase money of the tract, one hundred and one half acres given to the said Adeline; It further appearing to (pg 35) the Court that said David had at the May term of this Court, been appointed Administrator of the estate of the said Charles R. JOHNSON and that no part of any of the said lands which the said Charles R. JOHNSON died seized and possessed, are needed for the payment of his debts, and that said lands can be divided between the heirs above mentioned.
It further appearing to the Court that the said Charles R. JOHNSON, had sold and transfered his interest in said land to his sister, the said Ann E. WHITAKER, the premises considered your petitioners pray that your Worships will appoint Calvin BEST; I. E. CRICHLOW; T. M. NEAL; J. B. PATTERSON; Wm. MITCHELL and R. L. THOMAS, commissioners, to divide the said land between the heirs of the said Charles R. JOHNSON, the said William JOHNSON to account for lands at what the land was worth at the time given.
The Commissioners to ascertain and decide what is the difference of an estate for life and one in fee, and charge the said William with the land advanced to him as a life estate, and that said Commissioners ascertain the value of the land, advanced and given to the said Adaline at the time it was given, deducting the five hundred dollars paid by the said Milton MIDYETT, and charging the said Adaline with the balance of the estate as a life estate, and not charging her as much as an estate in fee, and to ascertain the value of the land, the said Commissioners have power to call before them, witnesses ans examine them as to the value of said lands, any three of said named Commissioners may all in the premises, and report to the next term of this Court. If the Commissioners are satisfied that exact petition cannot be made without material injury to the parties or someone of them, they may make the petition as nearly equal as they can and charge the larger shares with the sum necessary to equalize all the shares and report the facts.
The said Commissioners to set apart the share of the said Ann E. WHITAKER, and that conveyed to her by her brother, the said Charles R. JOHNSON, together if practiable and further, that the Clerk ascertain what amounts should be allowed the attorneys for their services in this case and report the same to the Court at its next term.
September Term 1865, page 41
Be it remembered that this cause came on for hearing on the 4th day of September 1865, before the Worshipful County Court, for the County of Haywood in the State of Tennessee. Upon the report of the Commissioners given in this case by said Court, which report is in the following words and figures to wit: The undersigned Commissioners, appointed at the August Term 1865, of the County Court of Haywood County, State of Tennessee, to divide the lands belonging to the heirs of C. R. JOHNSON, dec’d, among the parties entitled to the same, having met upon the premises, and being wholly disinterested, have made the division according to the order of the said Court and beg leave to offer the following report as theirs.
We have valued the whole landed estate, including the advancments to W. R. JOPHNSON and Adeline MIDYETT at “121828 4/7 dollars” (this is the way the amount was written), which divided by nine, the number of heirs, makes each share “1314 2/7 dollars” (again no other marks)
In accordance with the order, we have set apart to the said Ann WHITAKER, two shares together and bounded as follows:
Beginning at the northeast corner of the 50 acre tract mentioned in the order and running thence south 74 degrees West 96 poles to a stake in the forks of the road,
thence South 11 degrees east 86 poles to a stake in the Dyersburg and Jackson road, with a peach tree pointer
thence due south 146 poles to a hickory with two black oaks, a hickory and popular pointers in the north boundary of 500 acres belonging to Willis W. WHITAKER
thence east 5 degrees north 76 poles to a large black oak
thence north 251 poles to the beginning, containing 120 acres, valued by us at $2628. 27 or two ninths of the value of landed estate.
We have alloted to Mrs. Sally SANDERS, 65 acres, designated as Lot #3-
Beginning at the northeast corner of the KING tract, now owned by Richard GREGORY, at a stake (pg 42) in what is called the new Frog Jump Road – running thence south with the east boundrey of the same 115 2/3 poles to a stake
thence east 103 poles to a stake in the Brownsville and Dyersburg road- Thence north 11 degrees west 118 1/4 poles to a stake in the aforesaid Frog Jump road- Thence west with said road 80 poles to the beginning;
this survey includes the one acre given by C. R. JOHNSON to Johnson’s Grove Church, but is excluded fron the amount given to the said Sally SANDERS, her part being 65 acres, independant of the Church lot, this share is valued at $1300 and is entitled to receive $14.28 from W. R. JOHNSON.
We have alloted to Louisa JOHNSON, a minor, the 100 acres known as the NORMAN tract, which being entirely detached from all the other lands belonging to the estate, we have necessarily been compelled to put into one share, bounded as follows:
Beginning at a large black oak, the southwest corner of the FOULKNER tract, now owned by a Richard GREGORY – running thence north 29 poles to a stake (maybe 99 poles), with maple and red oak pointers
Thence west 162 poles to an elm, with oak and two maple pointers
Thence south 99 poles to a gum with two maple pointers
Thence east 102 poles to the beginning, valued at $1800, which is in excess of $485. 72 over the value of one share, which amount the guardian of Louisa JOHNSON, will pay to Mrs. Adeline MIDYETT-this lot in our division is designated as Lot #4.
We have allotted to Zachariah T. JOHNSON lot #5
Beginning at the southwest corner of Lot #3- running thence south 65 poles to the southeast corner of the old KING tract, to a stake with white oak, poplar and gum pointers
thence west 17 poles to the northeast corner of Wm. R. JOHNSON’s 150 acre tract, a stake with hickory and white oak pointers
thence south 229 poles to a stake with gum, ash and dogwood pointers
thence east 46 poles to a stake ????
then north 294 poles to a stake-thence west 29 poles to the beginning, containing 77 acres, valued at $1350, which is $35. 72 in axcess of one share, which amount the guardian of said Zacharah T. JOHNSON will pay over to Mrs. Adeline MIDYETT, or her representative.
We have allotted #6 to Peggy CASTELLOW, wife of John-bounded as follows:
Beginning at the southwest corner of lot #5, a stake with pointers-running thence northeast 42 poles toa stake in the field
thence west 42 poles to a stake in the field
thence west 42 poles to the northeast corner of lot #5, belonging (pg43) to Z. T. JOHNSON
thence south 294 poles to the beginning, containing 77 acres and valued at $1350, which is an excess over one share of $35. 72, which amount the said Peggy and her husband, John will pay to Adeline Midyett or her respresentative.
We have allotted to Nancy, which has intermarried since the last term of the County Court with T. J. CASTELLOW, Jr. (Thomas Jefferson Castellaw, Jr.), Lot #7 Bounded as follows:
Beginning at the southwest corner of lot #6, running thence north 294 poles to a stake,
thence east 32 poles to a stake in the Brownsville and Dyersburg road
thence with said road south 11 degrees east 60 3/4 poles to a stake in the corner of the lots #1 and #2 allotted to Ann WHITAKER
thence south with the west boundary of the same 146 poles, to the southwest corner of the said Ann WHITAKER’s lots
thence west–?? poles to the corner of W. W. WHITAKER’s 50 acre tract
thence south with the west boundary of the same 90 poles to the original southeast corner of the RAYNER tract
thence west 46 poles to the beginning, containing 77 acres, valued at $1350, which is an excess of one share 0f #35. 72, which the said Nancy and her husband will pay to Adeline MIDYETT.
In accordance with the order of the Court, we have taken proof which is here submitted, of the difference between a life estate and an estate in fee simple, or absolutely and have estimated the life estate of W. R. JOHNSON in the 150 acres given to him by his father, $1350, which being in excess of one share, $35. 72, the said William will pay Adeline MIDYETT $21. 44 and $14. 28 to Sally SANDERS.
We have also, after taking proof, taken into consideration, the difference between the life estate of said Adeline MIDYETT and an estate in fee simple and after deducting the $500 paid by her husband towards the 101 1/2 acres given by J. R. JOHNSON, Sr.,to the said Adeline and known as the FARMER tract, estimate her life estate to be worth $700, which is short of one share $614.28, we have ordered that this amount shall be paid by the Legatees, who have an excess over their shares as follows:
- W. R. JOHNSON, guardian of Louisa $485.73
- Zack T. JOHNSON, or his guardian $ 35.72
- Wm. R. JOHNSON on his own excess $ 21.44
- Peggy CASTELLOW & her husband $35.72
- Nancy CASTELLOW & her husband $35.72
All of which is respectfully submitted, after having been duly qualified, this — September 1865.
P. M. NEAL, I. T. CRICHLOW, Calvin BEST, W. H. MITCHELL, R. L. THOMAS — one of Commissioners and also Surveyor – Commissioners served each four days. (pg 44)
And there being no exceptions to said report, It is ordered by the Court, that the same be in all things affirmed, and It is further ordered, that all the right and the title, which the above heirs/ except the said Ann E. WHITAKER and her husband have in and to Lots #1 & #2, be divested out of all the other Heirs and vested in the said Ann E. WHITAKER.
It is further ordered that all the right and title which all of the said Heirs, except Sally SANDERS, have in and to Lot #3, be and the same is hereby divested out of them and vested in the said Sally SANDERS.
It is further ordered that all the right and title, which all of the said Heirs, except Louisa JOHNSON, have in and to Lot #4, be divested out of them and vested in the said Louisa, and that she by her guardian, will pay to Adeline MIDYETT Four hundred and eighty-five & 72/100 dollars.
It is further ordered that all right and title, which all of said Heirs, except Zachariah T. JOHNSON have in Lot #5, be divested out of them and vested in the said Zach. T. JOHNSON, who is ordered to pay Adeline MIDYETT $35. 72.
It is further ordered that all the rights and title, which all the said Heirs, except Peggy CASTELLOW, have in and to Lot #6, be divested out of them and vested in the said Peggy, who with her husband, is ordered to pay to Adeline MIDYETT $35. 72.
It is further ordered that all the right and title, which all the said Heirs, except Nancy CASTELLOW, have in and to Lot #7, be divested out of them and vested in the said Nancy, who with her said husband, is ordered to pay Adeline MIDYETT $35. 72 dollars.
It is further ordered that the said Wm. JOHNSON hold the land given to him by his father, according to the deed from his father, and that he pay to the said Adeline MIDYETT $21. 44 dollars, and that he also pay to Sally SANDERS $14. 28 dollars.
It is also ordered that the said Adeline MIDYETT hold the 101 1/2 acres given to her by her father, according to the terms of the deed from him to her, herself and that she is to receive from Louisa JOHNSON, by her guardian, four hundred and eighty five &72/100 dollars, —from W. R. JOHNSON, twenty one 44/100 dollars—from Zach T. JOHNSON, or his guardian, twenty five & 72/ dollars—from Peggy CASTELLOW & her husband, thirty five 72/dollars— from Nancy CASTELLOW & her husband, thirty five 72. dollars. (pg 45)
It is ordered by the Court that the Commissioners receive each $20 and that the said R. S. THOMAS receive the further sum of $15, as surveyor, besides his $20 as Commissioner, and it is further ordered that the Sol. SHOTHER & Bond receive one hundred dollars and that the said David WHITAKER, as Administrator of the said C. R. JOHNSON, deceased, pay all the costs of this suit, including the clerks and sheriff.
Source, This information has been provided for personal use only, and is not to be copied, redistributed, or used for any commercial purposes. Contributed by: Sarah Hutcherson (C) Sarah Hutcherson, 2000