Anna LUNSFORD
Vs.
Walter & Verser LUNSFORD
for
Homestead & Dower
Chancery Court
Oct 1908 Feb 1909
To Walter Lunsford and Verser Lunsford, only
heirs of J. A. Lunsford, deceased, residing in the State of Tenn: You are
hereby notified that I will make written application to the County Court of
Lauderdale County on Monday Oct. 12th, 1908, to have homestead and
dower assigned me as the widow of said J. A. Lunsford, out of the real estate,
died seized and possessed.
This
October 2nd. 1908.
[signed] Anna Lunsford
Came to hand 2nd day of Oct 1908
and Executed by reading the within notice to Walter Lunsford and Verser
Lunsford and I left a true copy of the within notice with Walter Lunsford.
This
Oct 6th 1908.
[signed] J. R. Pennington, Sheriff
TO THE HONORABLE JUDGE GEORGE W. YOUNG,
JUDGE OF THE COUNTY COURT OF LAUDERDALE COUNTY TENNESSEE, AT RIPLEY.
Ann Lunsford, Widow of J. A. Lunsford,
deceased, a resident of
Vs.
Walter Lunsford and Verser Lunsford, minor
heirs of said J. A. Lunsford, both residents of
The petitioner respectfully shows to the
court:
I.
That she is the widow of J. A. Lunsford, who
died intestate in
No administrator has been appointed to
administer the estate of said J. A. Lunsford
The defendants Walter Lunsford and Verser
Lunsford are children of the said J. A. Lunsford and Petitioner, and both are
minors under twenty one years of age without general guardian and residents of
II.
The said J. A. Lunsford at the time of his
death was seized and possessed of the two following tracts of land in the 2nd
Civil District of Lauderdale County Tennessee, which lie contig[u]ous and which
are thus described and bounded;
The First Tract is the one which was decreed
to the said J. A. Lunsford by the County Court of Lauderdale County in the
cause of A. R. Lunsford et al, V. J. W. Lunsford et al., and the decree vesting
title to said tract of land in said J. A. Lunsford is recorded in said Court in
minute book N page 192 and the same is thus bounded;
Beginning at the south west corner of the J.
A. Lunsford tract, and in the east boundary line of the Green Byrns land, a
black and slippery elm; runs thence east 87-1/2 poles to a stake in a field;
thence south 125 poles to a stake in the north boundary line of F. G. Fergusons
land; thence west with said Fergusons line 87-1/2 poles to a stake, Fergusons
north west corner; Thence north with Miller and Byrns east boundary line 125
poles to the beginning. Containing 68 acres and 57-1/2 poles.
The second tract conveyed to J. A. Lunsford
by William Lunsford by deed which is recorded in the Registers Office of
Lauderdale County in book R pages 465-6 and same is thus bounded;
Beginning at a stake poplar, red bud, sweetgum
and dogwood pointers, it being the north east corner of a fifty acre tract of
land conveyed by William Lunsford to Reason Byrn; runs thence south 59 poles
and 2 links to a stake in Green Byr[n]s east boundary line; elm and small black
oak pointers; Thence east 212 poles to a stake on the east bank of Caruth
creek, cow oak, beach and maple pointers; thence north 59 poles and 2 links to
a black walnut, William Lunsford north east corner; thence west 216-2/3 poles
to the beginning, containing 79 acres and 22/160 of an acre.
The deed conveying said last described tract
to J. A. Lunsford is herewith filed and made a part of this petition and marked
exhibit A.
The decree vesting title in J. A. Lunsford
to the first described tract of land will be read on the hearing.
III.
That petitioner had notice served on said
minor defendants of this application more than five days before same was made
and as the statute provides;
IV.
Petitioner therefore prays the court that
homestead and dower be assigned her out of said two tracts of land in the
manner and to the extent provided by law, and petitioner prays for general
relief.
[signed] Anna Lunsford
[signed] McKinsey & Pierson, Solicitors
EXHIBIT A TO
PETITION
William Lunsford
To }
Deed of Gift
Jas Allison Lunsford
Book R
Pages 465-6
Registers Fee $1.25 paid
Clerks fee 50c pd, H. T. Hanks
For and in
consideration of the natural love and affection which We * have for
our son James Allison Lunsford We do hereby give grant and convey to him and
his heirs forever a tract of land in the Second Civil district of Lauderdale
County in the State of Tennessee and bounded as follows to wit;
Beginning
at a stake Poplar Red bud Sweet Gum and Dog Wood pointers it being the North
East Corner of 50 acres of land sold and conveyed by deed from me to Reason
Byrn. Thence South fifty nine poles and two links to a Stake in Green Byrns
East boundary line Elm and Small Black Oak pointers. Thence East 212 poles to a
Stake on the East bank of Caruth Creek Cow-Oak Beech and Maple pointers. Thence
North 59 poles and 2 links to a Black Walnut William Lunsfords North East
Corner. Thence West 216 2/3 poles to the Beginning Containing 79 acres and
22/160 be the same more or less.
To
have and to hold said land to the same James Allison Lunsford his heirs and
assigns forever.
I
William Lunsford do Warrant the title to said land against the lawful claims of
all persons whatever and I covenant with the said James Allison Lunsford that I
am lawfully seized of said land have a good right to convey it and that the
same is unencumbered.
This
December the 13th 1880.
[signed]
Wm. Lunsford
[signed]
Maria Lunsford
* [We] William Lunsford and wife Maria
Lunsford
STATE OF
Personally
appeared before me, H. T. HANKS, Clerk of the County Court of said County, Wm
Lunsford & Maria Lunsford the within named bargainors with whom I am
personally acquainted and who acknowledged that they executed the within Deed
of Gift for the purposes therein contained.
And
Maria Lunsford wife of the said Wm Lunsford having appeared before me,
privately and apart from her husband, the said Wm Lunsford acknowledged the
execution of said Deed to have been done by her freely, voluntarily, and
understandingly, without compulsion or constraint from her said husband, and
for the purpose therein expressed.
Witness H. T. HANKS, Clerk of said Court, at
office, this 29th day of September, 1881.
[signed]
H. T. Hanks, Clerk
STATE OF
I, JOHN D. BAXTER, Register of said County,
certify that the foregoing Deed with the Clerks Certificate endorsed thereon,
was presented for Registration on the 29th day of September 1881, at
10 oclock A. M. and is so noted in my office, in Note Book No. 4 page 45, and
the same is duly Registered in Book R, page 465-6.
WITNESS
my hand, at office, in Ripley, this 29th day of September 1881.
[signed]
John D. Baxter, Register
Mrs. Anna Lunsford
Vs. } Deposition
of Mrs. Anna Lunsford
Walter & Verser Lunsford
Filed Oct. 12, 1908, G. Whit Young, Dpt
Clerk
Anna Lunsford #
Vs. #
Walter & Versa Lunsford #
In the
The
deposition of Mrs. Anna Lunsford taken in her own behalf on the 12th day
of October 1908 before R. S. Banks, Clerk & Master at his office in Ripley
Tennessee.
The said witness being duly sworn deposed as
follows: --
Q.
Are you the petitioner in this case? And the widow of J. A. Lunsford deceased?
A.
Yes sir.
Q.
When were you and J. A. Lunsford married?
A.
We were married 89. Sept. 4th.
Q.
When did J. A. Lunsford die and where was he residing at the time of his death?
A.
Sept. 11, 1908,
Q.
How long had he been residing in
A. All
of his life.
Q.
How many children did Mr. Lunsford have at the time of his death?
A.
Four living.
Q.
Give their names and residences?
A. Walter Lunsford, Versa Lunsford, they are
our children and live with me in Lauderdale county. He has two married
daughters by a former marriage and they live in
Q. At the time of J. A. Lunsfords death were there any
living representatives of any of his deceased children?
A. None of his death
children ever married.
Q.
Give the ages of Walte[r] and Versa Lunsford?
A.
Walter was 18 years old the 1st day of July 1908, and Versa will be
14 the 11 of December.
Q.
What land did J. A. Lunsford owne [sic] at the time of his death and where are
they located?
A. He owned 79 acres in one tract and 68 and
a fraction in the other tract, they join each other and are in the 2nd
district of Lauderdale County.
Q. Are these the
same two tracts of land which are described in the bill?
A.
Yes sir.
Q.
You desire to have a homestead and dower laid off to you out of this land?
A.
Yes sir.
And
further the deponent saith not.
[signed]
Anna Lunsford
Sworn and subscribed to before me this Oct.
12th, 1908
[signed]
R. S. Banks, Clerk
Mrs. Anna Lunsford
Vs. }
Decree
Walter & Verser Lunsford
Anna Lunsford, Widow of J. A. Lunsford
deceased
V.
Walter Lunsford and Verser Lunsford,
resident heirs of said J. A. Lunsford deceased.
Anna Lunsford, the widow of J. A. Lunsford
deceased, this day made application to the Court by petition for the
appointment of commissioners to assign to her, homestead and dower out of the
land of which the said J. A. Lunsford, lately died seized and possessed.
And it duly appearing to the Court that she
is the widow of said J. A. Lunsford, who resided in this county at the time of
his death; and that the said J. A. Lunsford died sized and possessed of the two
following tracts of land in the 2nd Civil District of Lauderdale
County, and which lie contig[u]ous and are thus bounded;
(Here insert boundaries from bill) hand
drawn plat map included
And it appearing that five days notice in
writing of this application was given the defendants Walter Lunsford and Percy
[sic] Lunsford who are the only resident heirs of J. A. Lunsford deceased, it
is ordered by the Court that said application be granted; and G. J.
Hutcherson and Jo Crockett two freeholders of the County, and J. C.
Sawyer the County Surveyor, all of whom are unconnected by affinity or
consanguinity with any of the parties, are appointed commissioners to allot and
set apart to said Anna Lunsford, out of said land, first a homestead of the
value of $1000.00 and then one third of the remainder of said land according to
quality and quantity as dower.
The commissioners will make their report,
accompanied by a plat, to the present term of the Court, if practicable
otherwise to the next term of the Court.
Mrs. Anna Lunsford }
V. }
Walter & Verser Lunsford }
This
cause coming on this day to be heard on the report of the commissioners
appointed at the present term, which report is a follows;
(here copy it and
the plat in full)
And said report being unexcepted to is in
all things confirmed; and the said Anna Lunsford is vested with all of the
right, title and interest in and to said homestead and dower tracts to which
she is rightfully entitled according to law, as the widow of J. A. Lunsford,
deceased, and on her application a writ of possession will issue to put her in
possession of said lands.
It
is further decreed by the Court that the petitioner Anna Lunsford will pay all
of the costs of this cause for which execution may issue.
Mrs. Anna Lunsford
Vs. } Commissioners Report
Walter Lunsford
Filed Oct. 24th, 1908 L. B. Archer,
Clerk
Mrs. Anna Lunsford :
V. :
Walter Verser Lunsford :
Commissioners Report
of
To the Worshipful County court of
The Undersigned Commissioners appointed in
this cause at the present term of this Court, and duly sworn, to allot and set
apart to Mrs. Anna Lunsford her homestead and dower out of the two tracts of
land described in the order appointing them, respectfully report as follows:
1st. They have allotted and assigned to her the
following portion of said lands as her homestead, including the family
residence and the appurtenances, and thus bounded;
Beginning at a stake the north west corner
of a sixty eight acre tract of land which was decreed to J. A. Lunsford by the
County Court of Lauderdale County by decree recorded in said Court in Minute
book N page 192, and the south west corner of a 79 acre tract which was
conveyed to said J. A. Lunsford by William Lunsford by deed which is recorded
in the Registers Office in Lauderdale County in deed book R page 465; runs
thence east with the north boundary line of said 68 acre tract 21-3/5 poles to
a stake in same; thence north 14 poles to a stake with sassafras and dogwood
pointers; thence east 16 poles to a stake; thence south 14 poles to a stake in
said north boundary line; thence east with said north boundary line 49-9/10
poles to a stake the north east corner
of said 68 acre tract; thence south with the east boundary line of said
68 acre tract 43-1/5 poles to a stake; thence west, parallel with the north
boundary line of said 68 acre tract 87-1/2 poles to a stake in the west
boundary line of same; thence north with the west boundary line of said 68 acre
tract 43-1/5 poles to the beginning, containing 25 acres.
2nd. They have allotted and assigned
to her the following portion of the remainder of said tract adjoining the said
homestead tract and thus bounded;
Beginning at a stake the south west corner
of said original 69 acre tract referred to above; runs thence east with the
south boundary line of same 87-1/2 poles to a stake the south east corner of
said 68 acre tract; thence north, with the east boundary line of same 81-4/5
poles to a stake, the south east corner of the homestead tract above described;
thence west with the south boundary line of said homestead tract 87-1/2 poles
to a stake, the south west corner of said homestead tract; thence south with
the west boundary line of said 68 acre tract 81-4/5 poles to the beginning
containing 44-3/4 acres.
Said homestead and dower are shown on the
plat herewith exhibited as a part of this report marked A.
[signed]
G. J. Hutcherson, Jos. Crockett, Commissioners
[signed]
J. C. Sawyer,
BILL OF COSTS.
J. C. Sawyer one day and making plat $5.00
G. C. Hutcherson one day 1.50
Joe Crockett one day 1.50
Total
. $8.00
(Plat Exhibit A included)
Mrs. Anna Lunsford
Vs. }
Walter & Verser Lunsford
Schedule of Assets
of Allison Lunsford Estate
Filed by Mrs. Anna
Lunsford
Filed Feb. 4th, 1909, G. Whit
Young, Dpt. Clk.
Recorded in Book G of Inventories, Page
210 & 211
McKINNEY & PIERSON, Attorneys and
Counselors at Law,
To the Honorable George W. Young, Judge
etc., holding the County Court for
I, Mrs. Anna Lunsford widow of Allison
Lunsford deceased and Administratrix of his estate hereby make and file the
following schedule of assets of the estate of said Allison Lunsford, consisting
entirely of real estate, situate, lying and being in the 2nd. Civil
District of Lauderdale County Tennessee, and thus bounded;
Beginning at a stake, poplar read
[sic] bud sweet gum and dogwood pointers; it being the north east corner of a
fifty acre tract of land conveyed by William Lunsford to Reason Byrn runs
thence south 50 poles and 2 links to a stake in Green Byrns east boundary line;
elm and small black oak pointers; thence east 212 poles to a stake on the east
bank of Caruth Creek, cow oak and maple pointers; thence north 59 poles and 2
links to a black walnut, William Lunsford north east corner; thence west
216-2/3 poles to the beginning containing 79 and 22/160 of an acre.
But there is included within these calls and
excluded from these boundaries about 1-1/2 acres which said 1-1/2 acres
includes the mansion house and was recently set apart to me as part of my
homestead;
Also the reversionary interest in the
following described real estate;
Beginning at a stake the north west corner
of a sixty eight acre tract of land which was decreed to J. A. Lunsford by the
County Court of Lauderdale County Tennessee, by decree recorded in said Court
in Minute book N page 192 and the south west corner of a 79 acre tract which
was conveyed to said J. A. Lunsford by William Lunsford by deed which is
recorded in the Registers Office in Lauderdale County Tennessee in deed book
R page 45; runs thence east with the north boundary line of said 68 acre
tract 21-3/5 poles to a stake in the same;
Thence north 14 poles to a stake with
sassafras and dogwood pointers; thence east 16 poles to a stake; thence south
14 poles to a stake in said north boundary line; thence east with said north
boundary line 49-9/10 poles to a stake the north east corner of said 68 acre
tract; thence south with the east boundary line of said 68 acre tract 43-1/5
poles to a stake; thence west, parallel with the north boundary line of said 68
acre tract 87-1/2 poles to a stake in the west boundary line of same; thence
north with the west boundary of said 68 acre tract 43-1/5 poles to the
beginning containing 25 acres.
Beginning at a stake the south west corner
of said original 68 acre tract referred to above; runs thence east with the
south boundary line of same 87-1/2 poles to a stake, the south east corner of
said 68 acre tract; thence north, with the east boundary line of same 84-4/5
poles to a stake; the south east corner of the homestead tract above described;
thence west with the south boundary line of said homestead tract 87-1/2 poles
to a stake, the south west corner of said homestead tract; thence south with
the west boundary line of said 68 acre tract 81-4/5 poles to the beginning
containing 44-3/4 acres.
This is all of the assets of said estate.
[signed]
Anna Lunsford
Before me, L. B. Archer Clerk of the County
Court of Lauderdale County Tennessee, this day came Anna Lunsford, who being
duly sworn says that the above and foregoing is a true and perfect schedule of
the assets of the estate of Allison Lunsford; including the real estate; that
there were no other assets of any kind belonging to said estate after
homestead, dower and a years support had been decreed to her, and that the
property above set out comprises all of the property of which the said Allison
Lunsford died seized and possessed, which came or ought to have come into her
hands to be administered.
[signed]
Anna Lunsford
Sworn to and subscribed before me on this
the 4th day of February 1909.
[signed]
G. Whit Young, Dept. Clerk
Source:
Ripley,
Indexed by Bettie Davis
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