Original Bill, Filed 14 August 1876, J.D. McDougal
T.J. Moore Et al
Masten Moore, Guardian Et al
To The Honl Geo. H. Nixon
Chancellor & c' holding the Chancery Court at Savannah, Tenn.
The bill of complaint of T.J. Moore, R.W. Moore, W.A. Moore, N.C. McFall, Si A. Tatum and wife Nancy Tatum, Thomas Kindal and wife Mary Kindal, J.B. Covy and wife Jane Covy, citizens of Hardin County, Tenn. And Benj. Sinclair and wife Mary Sinclair, John Sinclair and wife Nipsy Sinclair, citizens of Wayne County, Tenn. complainants.
Masten Moore Guardian, Delila Ann Moore, Sarah Moore & L.M. Moore all citizens of Hardin County, Tenn. The last three of whom are minors and have Masten Moore for their guardian. Sallie Cherry and Neal Cherry minors under twenty one years of age citizens of Hardin County, TN and have no guardian. Joseph Lawson who is a citizen of Wayne County, TN a minor and has no guardian. Richmond Cole, Nancy Phillips, Isaac Cole, Thomas Cole, Jefferson Cole, Neal Cole and Mary Cole all citizens of Arkansas and all minors under twenty one years of age except Richmond Cole and Nancy Phillips and have no regular guardian. J.L. McCarne, Robert Merkerson, Hood Merkerson, Herman Gillis, Jackson Clark and wife Nancy Clark, Samuel Kendal and wife Catherine Kendal, Calvin Covy and wife Margaret Covy, Frank Gillis, Edward Gillis, Alfred Gillis, Flora Gillis, James Gillis and N.T. Gillis all citizens of the State of Texas, and all minors under twenty one years of age except Jackson Clark, Nancy Clark, Samuel Kendal, Catherine Kendal, Calvin Covy and Margaret Covy and have no regular guardian.
Complainants would respectfully represent and show unto your Honor that Dougal P. Gillis departed this life intestate in Hardin County, Tenn. on the 1st day of Apr. 1876 leaving the following persons his children and heirs at law. (To wit)
Si A. Tatum and wife Nancy, formerly Nancy Gillis daughter of said D.P. Gillis, T.J. Moore, W.A. Moore, N.C. McFall, Delila Ann Moore, Sarah Moore, L.M. Moore children of Catherine Moore decd., formerly Catherine Gillis who was a daughter of said D.P. Gillis, Sallie Cherry, William Cherry and Neal Cherry, children of Telithey Cherry decd., formerly Telithey Gillis who was a daughter of said D.P. Gillis. Joseph Lawson a grandson of Penelope Stribling, decd., formerly Penelope Gillis a daughter of said D.P. Gillis. Richmond Cole, Nancy Phillips formerly Nancy Cole, Thomas Cole, Isaac Cole, Jefferson Cole and Mary Cole, children of Delila Cole dec'd., formerly Delila Gillis a daughter of said D.P. Gillis. J.D. McCarne, Robert Merkerson and Hood Merkerson, children of Flora Merkerson decd., formerly Flora Gillis a daughter of said D.P. Gillis. Herman Gillis the only child of W.M. Gillis decd., who was a child of said D.P. Gillis. Nancy Clark, Catherine Kendal, Margaret Covy, Frank Gillis, Edward Gillis, Alfred Gillis, Flora Gillis, Mary Kendal and Jane Covy, all children of E.J. Gillis decd., who was a son of said D.P. Gillis. Benj. Sinclair and wife Mary, formerly Mary Gillis, a daughter of said D.P. Gillis. John Sinclair and wife Nipsy, formerly Nipsy Gillis, a daughter of said D.P. Gillis. Alexander Gillis, a son of said D.P. Gillis.
Complainants would further state and show unto your Honor, that said Dougal P. Gillis died siezed and possessed of Ten tracts of land all lying in Hardin County, Tenn. for a full discription of which informer is had to Exhibits marked A, B, C, D, E, F, G, H, I and J, respectfully, which are herewith filed as a part of this bill but not to be copied.
Complainants state that Homestead and Dower has been assigned to Sarah Gillis, the widow of D.P. Gillis and of said lands since the death of the said Gillis, and that James Cherry and Masten Moore took out letters of Administration on the estate of the said D.P. Gillis at the May Term of the County Court of Hardin County 1876 and that the personal property belonging to said estate is amply sufficient to pay off all the debts and liabilities of said estate.
Complainants would further state and charge that the lands of which the said D.P. Gillis died the owner are so situated that they cannot be divided in kind among the children and heirs at law of said Gillis and that it will be manifestly to the interest of all of said children and heirs to have said lands sold for partiality and distribution.
The Premises considered complainants pray that the parties named as such in the stating part of this bill be made defendants hereto. The residents of the state by copy and subpoenas and the non-residents by publication as the law directs that the adults appear and answer and that a guardian ad litem be appointed to answer and defend for all the minors, and upon a final hearing all the lands of which said D.P. Gillis died the owner, except those that are covered by the widows Homestead and dower, be sold under the orders and decrees of this court and the proceeds thereof distributed among those entitled and for such other relief as they may be entitled to.
Pitts & Cunningham
Salrs for Complts.
State of Tennessee }
Hardin County }
Personally appeared before me J.D. McDougal Deputy - Clerk and Master of the Chancery Court at Savannah. J.A. Cunningham are of the solicitors for complainants who made oath that the facts set forth in the foregoing bill are true to the best of his knowledge information and belief.
Sworn to & Subscribed before me August 14th 1876
J.D. McDougal DC&M