Court 1848 TN Bedford Dalby Knight

Description

Chancery Court minute books, B-83, 100

Author

Chancery Court, Bedford Co. TN

Publisher

LDS film 476009

Source Text

[p. 83] Orators: John C. Dalby, Philip A. Dolby, Thomas D. Dolby, Warren L. Dolby, Banjamin H. Y. Dolby and George W. Dolby, the last being a minor, who files this Bill, by his next friend Warren K. Dolby, citizens of State of Texas. Woodson K. Dolby, Francis Ann Dolby, Rhoda Jane Dolby, William G. Dolby and Minerva E. Dolby, the last two being minors who file this Bill by their next friend Woodson K. Dolby, Charlotte T. Waite, John S. Morrison and Francis P. his wife, formerly Francis P.  Waite, citizens of Bedford County, Tennessee of which he was a citizen in the month of October A.D. 1827, having made and published his Last Will and Testament, proven and admitted to record, Nov. Term, 1827, and Robert Waite approved as Executor. [p. 84] WILL OF KNIGHT DALBY……The said Knight Dalby gave and devised all his real and personal property to his wife Nancy Dolby during her natural life and at her death to be equally divided among all his children, and that he died seized and possessed of tract of land on which he then resided and situated in Bedford County, Tennessee, adjoining the lands of Charles F. Sutton and others, and on the south side of Bradford's Creek, bounded as follows: Beginning at an elm, Benjamin Bradford's southwest corner in Spradlin's line, running thence north with Doct. Farris' line to Bradford Creek, thence down Creek by the meanders to an ash, thence south on a division line ran by William Waite to an ash in Chamber's line, thence west with said line and Spradlin's to the beginning containing 100 acres.  Which tract was surveyed by John Bradford to said Knight Dalby, deceased, by Deed dated 31st July 1818.  Knight Dalby left nine children living at the time of his death, to whom he divided said land at the death of his wife, to wit: Your Orators:  John C., Warren, Phillip A. and Thomas D. Dolby, Martha C. Gun wife of Francis B. Gun, Polly H. Waite wife of William Waite, Edward B. Dolby, Agnes B. Wood wife of --------- Wood and James B. Dolby.  Your Orator states that Nancy or Ann Dolby, the widow of said Knight Dolby, deceased, departed this life in the month of December 1848 and after his youngest son had become of age, that since decease of said Knight Dolby, his son Edward B. Dolby, his daughter Polly H. Waite and her husband and his daughter Anges B. Wood and her husband has also died, that the said Edward B., your Orators Benjamin H. Y., George W., Woodson K., Francis Ann, Rhoda Jane, William G., and Minerva E. Dolby, together with Emily Jeffers wife of Elijah Jeffers, his only children and heirs and entitled to an undivided ninth part of said tract of land, that George W., Peter H. and William Waite, Mary A. Buckaloo wife of William Buckaloo together with your Orators Francis P. Morrison and Charlotte T. Waite are the only children of the said Polly H. Waite, deceased, and are also entitled to an undivided one ninth part of said tract of land and that William M. Wood, Sarah Ann Thompson, Rachael W. Waite wife of Peter H. Waite, Jane Womble and heirs of said Agnes B. Wood, deceased, and as such also entitled to an undivided ninth part of said tract of land.  All of the above named heirs become entitled to the possession of the above described land upon the death of said Nancy Dolby, the widow of said Knight Dolby, deceased. It is said that John Sutton executed a judgement against said deceased at June Term 1827.  Deputy Sheriff K. L. Anderson sold tract land to James Deery, 19th day of Feb 1828, for $100.  Sheriff James Wortham made sale void.  The said Knight Dolby, deceased, had enough personal property to settle judgement with Sutton. Robert Waite, the Executor of the Last Will and Testament of said Knight Dolby, deceased, soon and within two years of said sale, redeemed the said tract of land from James Deery for benefit of widow and heirs, by paying him $180.33/100, 11th day Feb 1830.  It was learned about 16th Jan 1839, Deery relinquish for said tract of land to James B. Dolby, one of the children of Knight Dolby, deceased. James B. Dolby on about 31st Dec 1840 made a pretended sale and conveyance of said tract of land for $800 to John S. Frazer (Pretended sale), which James B. Dolby managed to obtain possession of land from the tenant of the said Nancy Dolby who was then in the Republic of Texas where she remained until her death.  Frazer then took possession of said tract of land, which he held until his death which occurred ten days ago (Dec 21, 1840). The Orators said the true and rightful owners are: John C., Warren K., Phillip A. and Thomas D. Dolby, Martha C. Gun wife of Francis B. Gun, children of Edward B. Dolby, deceased, Polly H. Waite, deceased, Agnes B. Wood, deceased, James B. Dolby or the heirs of his bargainer, John S. Frazer.  Nancy Dolby, widow died Dec 1848. John S. Frazer, deceased, left a widow Eliza Jane Frazer and only one child, John S. Frazer who is a minor and has no guardian and that Samuel H. Whitthorne has been appointed Admr. In consideration of the premises, our orators pray that your Honor, that James Deery, Eliza Jane Frazer, John S. Frazer and Samuel H. Whitthorne, Admr. & Citizens of Bedford County, Tenn., James B. Dolby, William Buckaloo and his wife Mary A. Buckaloo, are citizens of Coffee County, Tennessee, Francis B. Gun and Martha C. his wife, Elijah Jeffers and Emily his wife, George W. Waite, Peter H. Waite and Rachel W. Waite his wife, William Waite a minor, whose guardian is G. G. Osborne; William M. Wood, Gabriel Thompson and Sarah Ann his wife; John W. Womble and Jane his wife; Knight D. Wood a minor with no guardian, all non residents of Tennessee, but citizens of Texas and other parts beyond the State of Tennessee. [p. 100] Edward B. Dolby, deceased, has 8 living children: three in Illinois and five in Tennessee.  Warren K. Dolby; F. B. Green (Gun) and Martha C. his wife; Thomas D. and Philip A. Dolby, all of the State of Texas.