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 saidplaintiffdefendant 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 payableto wit on the 14th doaccording 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 ofmoneysix 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 wasand still isindebted 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 ofeleven hundreddollars 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 Sammonsin her lifetimeas 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.
Charlotte
Curlee Ramsey
http://freepages.genealogy.rootsweb.com/~cramsey/index.html