Sally Sammons - Will - Williamson Co TN


SALLY SAMMONS
 Will
(Williamson Co. TN)
Will-1844  Settlement-1846
Circuit Court: A. Lytle
vs
James C. Irvin
Declaration-1845  Replevin-1845  Deposition-1845  Pleas-1845

		 
			I Sally Sammons, of the County of Williamson in the State of
			Tennessee do make and publish this my last Will and Tes-
			tement, hereby revoking all other Wills by me at any time
			heretofore made --
			First - It is my Will and desire that Archibald Lytle
			retain in his own hands, of the money I have deposited
			with him, so much thereof as shall satisfy him for his
			care and attention to me during the time I have lived in
			his family and shall hereafter remain in his family - I
			wish him also to pay himself out of said money for the
			trouble he may have with my old Woman Tempy.
			Secondly - I Will and bequeath the remainder of my estate
			after my debts and funeral expenses shall be paid, to my daug-
			ters Rebecca Roberts, and Fanny Tatum, and to my friend Archibald
			Lytle in hand for the benefit of my daughter Elizabeth Cavender.
			Thirdly - I nominate and appoint my friend Archibald
			Lytle executor of this my last Will and testament.
			In Witness thereof I have hereby set my hand and seal this
			9th day of November A.D. 1837.                her
			Signed sealed and published		Sally X Sammons  {Seal}
			in presence of us  ---                        mark

			Gilbert Marshall
			Elizabeth C. Lytle

			The State of Tennessee Williamson County Court  May Term 1844
			The last Will and testament of Sally Sammons late of this county deceased
			is produced for Probate and the witness thereof proven that Gilbert
			Marshall a Subscribing witness thereto being sworn says he believes
			said testatrix was of sound and disposing mind and memory
			at the making and publication of said will and under no undue
			influence    Ordered that Said will be recorded - And the ________
			Archibald Lytle the Executor __________ in Said will appears
			in court and renounces the __________ of the Execution thereof and
			James C Irvin having made application to this court that
			he may be permitted to administer upon the estate of the Said
			Sally Sammons deceased with her last will and testament _________
			having given bond of fifteen hundred dollars condtioned of the law direct
			with Archibald Lytle and F.W. Cunningham his securities and 
			having been only S_____  ordered that letters of administration
			to Said last Will and testament ____________
			___________ _________ accordingly.
							A Cossey?

			~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
			Sally Sammons
			with Settlement
			James C Irvin  Ack
			Nov 1846

			Sally Sammons The Estate of Sally Sammons Deceased In a/c with James C Irvin
									By Acct Recd on A Lytle note
									By Amount of Sales

			To cash paid Campbell ___ ___		 15.00
			To   "    "  R H McNail			 92.26
			To   "    "  Willie Brown		 18.00
			To   "    "  Barnard Franklin		 13.31
			To   "    "  Keturate Cameron	 	  3.08
			To   "    "  Hogan Cameron	 	  2.00
			To   "    "  Clerks fees	 	  5.25
			To allowance to administrator		 40.00
			To clerks for making & reading Settlement 2.50
			             Bal due estate 1 Jun 1846  330.40
								------
								522.80

			I find a balance in the hands of James C Irvin as administrator of Sally Sammons 
			June last of three hundred and thirty dollars and forty cents.
								Witness my hand at office...

			~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
			State of Tennessee }  Circuit Court for Said
			Williamson County  }  County March Term of
					      Said Court  A.D. 1845

			Williamson to Wit
					      Daniel A Sam____ Archibald
			Lytle was summoned to answer James C. Irwin ad
			=mininstrator of all and singular the goods and chattels
			rights and credits which was of Sarah Sammons de
			=ceased of a _____ that he render unto him the sum of Six
			hundred and fifty dollars which to him he owes and from
			unjustly detains, and therefore the said James C. Irvin
			administrator of Sarah Sammon by cttom? comp
			lains of the said Archibald Lytle for that whereas
			the said Archibald Lytle hereto ____ to wit on the
			11th day of January AD 1842 at the Court of Will
			=iamson aforesaid executed and delivered unto the
			said Sarah Sammon his certain ____ single __
			=____ with his seal, ______ the said 11th day of Jan
			=uary AD 1842 and the court now here shown and
			therein and therely then and then bound himself
			three years after the date thereof to pay the said
			Sarah Sammon the sum of Six hundred and
			fifty dollara Yet the said Archibald Lytle al
			=though of ten receipt hath not as yet paid the said sum of
			Six hundred and fifty dollars owing past thereof
			but to pay the sum to the said Sarah Sammon
			on her life time and Since her death to the said
			James C Irvin to whom this County Court for the said
			County Court of Williamson on the day of          _____
			1844 granted letters of adminudtration for the estate
			of the said Sarah Sammon which on to the Court
			now have shewn he the said Archibald Lytle
			hath hitherto wholly refused and still doth re
			=fuse to the damage of the said James C
			Irvin administrator of the said Sarah
			Sammon one hundred dollars and therefore
			he brings this suit.
							Campbell & McEwen
							Attorneys for the plaintiff

			~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
			A Lytle      }  Circuit Court for the County of Williamson in the
			vs           }	State of Tennessee July Term AD 1845 of Said Co
			Jas. C Irvin }  wit
					And the said James C Irvin as the adm
			inistrator of Sarah Sammon deceased as to the ____ plea
			of the said Archibald Lytle him first of above pleaded
			saith that he the said James C Irvin as administra-
			=tor of said Sarah Sammons by reason of any thing by the said
			Archibald Lytle in that plea ought not to be Carried from
			having and maintaining his aforesaid action then of against
			him the said Archibald Lytle because he says the said
			Archibald Lytle did note when the said bill single
			in the declaration mentioned became deceased payable
			according to the tenor and of fact thereof to Wit on the
			14th day of January A.D. 1845 at the Court of Willi
			=amson aforesaid pay the said sum of Six hundred
			and fifty dollars in said file single specified
			according to the tenor, and effect of said file single
			to the said James C Irvin, as the administrator
			of the said Sarah Sammon. And this the said
			James C. Irvin, as the administrator of the said
			Sarah Sammons prays maybe inquired of by the
			County.

			And the said Archibald Lytle doth the like
							R.C. Foster   Atty

			~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
			James C Irvin   }
			vs              }  attorney comes and defends the wrong and
			Archibald Lytle }  injury when ___ and craves oyer? of the said
					   bill single in the said declaration mentioned
			and it is read to him as follows to wit:  And thereupon the said
			plaintiff defendant says that the said plaintiff ought not to have
			or maintain his aforesaid action against him because he says that
			he the said defendant, then the said sum of money in the said bill
			single mentioned became due and payable to wit on the 14th do
			according to the tenor and effect thereof to wit on the 14th day of
			January 1845 paid to the said James C. Irvin as such administrator
			the said sum of money six hundred and fifty dollars in the said
			bill single mentioned according to the form and effect of the said bill
			single to wit at the county of Williamson aforesaid and this he
			is ready to verify wherefore he prays judgement of the said James C.
			Irvin right to have or maintain his aforesaid action thereof
			against him.
			   And for a further plea   this behalf the new Archibald Lytle
			by leave of the court here for this purpose first had and obtained according
			to the form of the statute in which case made and provided says that
			the plaintiff as such administrator ought not to have or maintain
			his aforesaid action against him, because he says that the said
			Sarah Sammons in her lifetime before the time of the
			commencement of this suit was and still is indebted to the defendant
			in a much larger sum of money than the money so due and owing from
			the said defendant to the said plaintiff upon the said bill single
			that is to say in the sum of eleven hundred dollars for board
			lodging, washing, services, and attention furnished by the said defendant
			to the said Sarah Sammons in her life time, as well as to negro woman Tempy
			at the request of the said Sarah Sammons
			in her lifetime as per account here filed, which said sum of money
			so due and owing from the said Sarah Sammons to the said Archibald
			Lytle as aforsaid is wholly paid and exceeds the said sum of money in the 
			said bill single specified, and which said sum of money so due and owing from 
			the said Sarah Sammons to the said Archibald Lytle as aforesaid or so much 
			thereof as shall be necessary in this behalf he the said Archibald Lytle.


Submitted by Charlotte Ramsey and Sue Nicholas Mitcham

Charlotte Curlee Ramsey
http://freepages.genealogy.rootsweb.com/~cramsey/index.html

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