WILLIAM
LUNSFORD
HEIRS
AND ESTATE
COURT MINUTES, BOOK X
[PAGES
103-109]
A. R.
LUNSFORD, ET ALS ξ
VS ξ
J. W.
LUNSFORD, ET ALS ξ
BE IT REMEMBERED THAT ON THIS THE 9TH
DAY OF NOVEMBER 1886, BEFORE THE COUNTY COURT OF LAUDERDALE COUNTY, TENNESSEE,
BLAIR PEIRSON, ESQUIRE, CHAIRMAN OF SAID COUNTY, PRESIDING, THIS CAUSE CAME ON
TO BE HEARD ON THE PETITION, ANSWERS OF ALL THE MINOR DEFENDANTS BY THEIR
GUARDIANS AD LITEM AND ORDERS PRO CONFESSO AGAINST
ALL THE ADULT DEFENDANTS, EXHIBITS AND PROOF, WHEN IT WAS FOUND AND ADJUDGED BY
THE COURT AS FOLLOWS:
THAT WILLIAM LUNSFORD DIED
INTESTATE IN SAID COUNTY OF LAUDERDALE, THE PLACE OF HIS RESIDENCE, ON THE 27TH
DAY OF APRIL 1884, AND THAT HE LEFT SURVIVING HIM THE DEFENDANT, MARIAH
LUNSFORD, WHO WAS HIS LAWFUL WIFE AND IS NOW HIS WIDOW & THAT THE SAID
WILLIAM LUNSFORD ALSO LEFT SURVIVING HIM HIS SONS AND DAUGHTERS, AND THE
DESCENDANTS OF HIS DECEASED CHILDREN, NAMED BELOW, WHO ARE THE ONLY HEIRS AT
LAW OF SAID WILLIAM LUNSFORD; THAT IS TO SAY:
1.
HIS SON A. R. LUNSFORD, A PETITIONER
2.
HIS SON GREEN C. LUNSFORD, A PETITIONER
3.
HIS DAUGHTER, HANNAH BYRN, WHO IS THE WIFE
OF GEO. W. BYRN, BOTH PETITIONERS
4.
HIS SON WYATT LUNSFORD, A PETITIONER
5.
HIS SON JAMES A LUNSFORD, A PETITIONER
6.
HIS DAUGHTER, RACHEL HARRISON, WHO IS THE
WIFE OF THOMAS HARRISON, BOTH PETITIONERS
7.
HIS GRANDDAUGHTER, SOPHRONIA E. KELTNER, WHO
IS THE WIFE OF J. G. KELTNER, BOTH PETITIONERS, SHE BEING THE ONLY CHILD &
HEIR OF MRS. AMANDA OSTEEN, A DECEASED DAUGHTER OF WM LUNSFORD.
8.
THE FOLLOWING CHILDREN AND GRANDCHILDREN AND
ONLY HEIRS OF STEPHEN LUNSFORD, A DECEASED SON OF WM LUNSFORD, DEC’D,
ALL DEFENDANTS, VIZ:
1. J. W. LUNSFORD
2.
ELIZABETH WILLIAMS, WHO IS THE WIFE OF DEFT.
JNO. WILLIAMS
3.
RILEY LUNSFORD (It was
noted that Riley Lunsford had died)
4. LAURA LUNSFORD
THE SAID FOUR BEING CHILDREN OF STEPHEN.
5. STEPHEN LUNSFORD
AND ANDREW LUNSFORD,
THE LAST TWO ONLY CHILDREN
AND HEIRS OF WM E. LUNSFORD, A DECEASED SON OF SAID STEPHEN LUNSFORD, DEC’D.
9.
THE FOLLOWING CHILDREN OF MRS. ELIZABETH
OSTEEN, A DECEASED DAUGHTER OF SAID WILLIAM LUNSFORD, VIZ:
1.
A. R. OSTEEN
2.
SAMUEL OSTEEN
3.
ALFRED OSTEEN
4.
IRA OSTEEN
5.
WM C. OSTEEN
6.
WALTER OSTEEN
7.
ANTHONY OSTEEN
8.
ALONZO E. OSTEEN
9.
MRS. SARAH WHITTEN, WHO IS THE WIFE OF DEFT.
____ WHITTEN
10.
MRS. MINNIE TAYLOR, WHO IS THE WIFE OF
DEFT. ____
11.
MRS. MOLLIE JAMES, A WIDOW
ALL MADE DEFENDANTS HERETO
10.
HIS GRANDDAUGHTER, MATILDA TURNER, WHO IS
THE WIFE OF SCOTT TURNER; THE SAID
MATILDA BEING THE ONLY CHILD & HEIR AT LAW OF THOS. LUNSFORD, A DECEASED
SON OF SAID WM. LUNSFORD.
THE SAID MATILDA TURNER
& HER HUSBAND, ARE NOT MADE PARTIES TO THIS PROCEEDING BECAUSE IT APPEARS
TO THE COURT THAT ON THE 18TH SEPTEMBER 1884, THE SAID MATILDA &
SCOTT TURNER, BY THEIR DEED, DID BARGAIN, SELL AND CONVEY UNTO THE PETITIONER,
GREEN C. LUNSFORD, ALL THEIR RIGHT, TITLE, INTEREST & CLAIM IN THE ESTATE
OF SAID WILLIAM LUNSFORD, DEC’D, INCLUDING THE REAL, PERSONAL & MIXED PROPERTY OF SAID ESTATE, THE SAID DEED
BEING ON FILE HEREIN, AND ALSO REGISTERED IN THE REGISTERS OFFICE OF SAID
COUNTY, IN BOOK “U” PAGES 327-8; SO THAT SAID GREEN C. LUNSFORD IS ENTITLED TO
THE SHARE IN THE HEREINAFTER DESCRIBED LAND, WHICH WERE FORMERLY OWNED BY SAID
MATILDA TURNER, AND THE COURT DO ADJUDGE.
IT DOTH FURTHER APPEAR TO,
AND IS ADJUDGED BY THE COURT, THAT SAID WILLIAM LUNSFORD DIED SEIZED AND
PROCESSED, AND THE OWNER IN FEE SIMPLE, OF THE SEVERAL TRACTS OF LAND DESCRIBED
IN THE PETITION AND EXHIBITS HERETO, ALL LYING IN LAUDERDALE COUNTY, TENNESSEE,
AND THAT THEY ARE BOUNDED AS FOLLOWS, VIZ:
1. ONE
TRACT OF LAND, SITUATED, LYING AND BEING IN THE 6TH CIVIL DISTRICT
OF LAUDERDALE COUNTY TENNESSEE; BEGINNING AT A WHITE OAK, WITH ASH POINTERS IN
THE EAST BOUNDARY LINE OF AN ENTRY IN THE NAME OF ISAAC MOORE; RUNNING NORTH
123 POLES TO A HICKORY STUMP IN WM BOYDSTUN’S SOUTH BOUNDARY LINE, THENCE EAST
WITH SAID LINE 80 POLES TO A STAKE, WITH THREE WHITE OAK POINTERS; THENCE SOUTH
165 POLES TO A STAKE, WITH WHITE OAK AND HICKORY POINTERS; THENCE WEST 31 ½
POLES TO A STAKE, WITH WHITE OAK, HICKORY AND POPLAR POINTERS; THENCE NORTH 42
POLES TO A DOGWOOD; THENCE WEST 48 ½ POLES TO THE BEGINNING, CONTAINING BY
ESTIMATION 69 ACRES, BE THE SAME, MORE OR LESS.
2.
ANOTHER TRACT IN 6TH CIVIL
DISTRICT OF LAUDERDALE COUNTY, TENNESSEE, ADJOINING THE ONE ABOVE DESCRIBED;
BEGINNING AT THE SOUTH EAST CORNER OF THE TRACT CONVEYED BY J. W. CARSON TO P.
T. GLASS, AND RUNNING THENCE EAST TO A BRANCH, TAYLORS LINE; THENCE UP SAID
BRANCH WITH TAYLORS LINE UNTIL IT INTERSECTS THE EAST LINE OF THE TRACT
CONVEYED BY SAID CARSON TO THE SAID GLASS; THENCE SOUTH WITH SAID LINE THE
BEGINNING, CONTAINING BY ESTIMATION 18 ACRES, BE THE SAME, MORE OR LESS, THE
TWO ABOVE DESCRIBED TRACTS OF LAND WERECONVEYED BY P. T. GLASS TO WILLIAM
LUNSFORD BY DEED OF DECEMBER 4TH 1865, RECORDED IN THE REGISTERS
OFFICE OF LAUDERDALE COUNTY, TENNESSEE, BOOK “I”, PAGE 549.
THERE IS TO BE DEDUCTED
FROM THE TWO ABOVE DESCRIBED TRACTS OF LAND, TAKING PART OF BOTH TRACTS, WHICH
WAS KNOCKED OFF AND SOLD TO S. B. & T. B. CARSON, BY CHANCERY COURT AT
RIPLEY, IN CASE OF S. B. & T. B. CARSON VS JAMES W. THOMPSON, ADMR. OF
EMILY THOMPSON, AS PER PAPER MARKED AND MADE EXHIBIT “B” HERETO.
3.
ALSO ONE OTHER TRACT IN SAID 6TH
CIVIL DISTRICT OF LAUDERDALE COUNTY, TENNESSEE, PART OF 5000 ACRES GRANT NO. 92
OF NORTH CAROLINA TO ADAM BOYD, DESCRIBED IN SAID “B” TO THE BILL IN THIS
CAUSE, BEING FIRST TRACT THEREIN DESCRIBED, VIZ: LYING ON THE WATERS OF COAL
CREEK, AND BOUNDED AS FOLLOWS; BEGINNING AT A STAKE 138 POLES AND 18 POLES OF A
SUGAR TREE & HORNBEAM, ROBERT MCMURDYS SOUTH WEST CORNER OF THE SAME, BEING
THE SOUTH BOUNDARY LINE OF SAID ADAM BOYD TRACT; THENCE NORTH 106 POLES TO A
STAKE; THENCE WEST 186 POLES TO A LARGE POPLAR; THENCE SOUTH 106 POLES TO
CRAWFORDS CORNER; THENCE EAST TO THE BEGINNING, CONTAINING 123 36/160 ACRES,
TITLE TO WHICH WAS DECREED TO WM LUNSFORD BY CHANCERY COURT IN THE CAUSE OF WM
LUNSFORD VS H. C. LUNSFORD & H. MITCHELL, BOOK ____ PAGE _____.
4.
ANOTHER TRACT IN 6TH CIVIL
DISTRICT OF LAUDERDALE COUNTY,
5.
ANOTHER TRACT IN 6TH CIVIL
DISTRICT OF LAUDERDALE COUNTY, TENNESSEE, BOUNDED AS FOLLOWS: BEGINNING IN THE
NORTH BOUNDARY, ON THE OLD 100 ACRE TRACT PURCHASED OF CADE FULLEN, AND RUNS
NEARLY NORTH AND CORNERS ON C. MASSEYS SOUTH BOUNDARY LINE, ELM CORNER, MARKED
“E. F.”; THENCE WEST A LITTLE NORTH TO A BEECH ON THE BANK OF A CREEK, TWO BUCK
POINTERS, AND ALSO A WHITE OAK ON N. STANLEYS NORTH WEST CORNER; THENCE DOWN
THE CREEK TO SHEARERS SOUTH WEST BOUNDARY LINE, WHITE WALNUT AND ELM POINTERS,
CONTAINING 20 ACRES MORE OR LESS.
THE TWO LAST ABOVE
DESCRIBED TRACTS ADJOIN, AND WERE CONVEYED TO WM LUNSFORD BY DEED OF SEPT. 27TH
1865, FROM P. T. GLASS, SURVIVING PARTNER OF GLASS & CHERRY, WHICH IS
RECORDED IN REGISTERS OFFICE OF
6.
ALSO A TRACT IN SAID 6TH CIVIL
DISTRICT OF
BUT
THERE IS TO BE DEDUCTED FROM SAID TRACT 100 ACRES GIVEN AND CONVEYED OFF THE
SAME BY WILLIAM LUNSFORD, HIS SON, AS AN ADVANCEMENT, VALUED AT $500, THE DEED
BEING RECORDED IN SAID REGISTERS OFFICE IN BOOK _____, PAGE _____.
AND THERE IS ALSO TO BE
DEDUCTED FROM SAID 200 ACRE TRACT, 26 ACRES SOLD AND CONVEYED BY WM LUNSFORD TO
FORD HARGETT BY DEED RECORDED IN SAID REGISTERS OFFICE IN BOOK ____, PAGE
_____.
7.
ANOTHER TRACT OF ABOUT 170 ACRES IN SAID
COUNTY, 2ND CIVIL DISTRICT, BEING HIS HOME PLACE, ON WHICH HE LIVED
AND DIED, BOUNDED AS FOLLOWS; ON THE NORTH BY J. A. LUNSFORD; ON THE SOUTH BY
F. G. FERGUSON. ON THE EAST BY GEO.
AND IT APPEARING THAT SAID
WILLIAM LUNSFORD, AND HIS WIFE DEFT. MARIAH LUNSFORD WERE RESIDENTS OF THIS
STATE AT, AND LONG BEFORE THE TIME OF HIS DEATH, RESIDING AND MAKING THEIR
HOMESTEAD UPON THE 170 ACRE TRACT OF LAND IN THE 2ND CIVIL DISTRICT
OF SAID COUNTY, DESCRIBED ABOVE, IT IS ORDERED, ADJUDGED AND DECREED THAT THE
SAID MARIAH LUNSFORD IS ENTITLED TO A HOMESTEAD OF THE VALUE IN ALL OF ONE
THOUSAND DOLLARS UPON AND OUT OF SAID 170 ACRE TRACT, TO INCLUDE THE MANSION
HOUSE; AND THAT AFTER SAID HOMESTEAD IS ALLOTTED AND ASSIGNED TO HER, SHE IS
FURTHER ENTITLED TO HAVE ASSIGNED TO HER, OUT OF THE REMAINING LANDS, WHICH ARE
NOT COVERED BY HOMESTEAD, THE ONE THIRD PART THEREOF IN VALUE FOR HER DOWER AS
WIDOW OF SAID WILLIAM LUNSFORD.
IT IS FURTHER FOUND AND ADJUDGED AND DECREED BY THE COURT,
THAT SAID WILLIAM LUNSFORD MADE ADVANCEMENTS TO SOME OF HIS CHILDREN, AS
FOLLOWS;
1.
TO THE PETITIONER A. R. LUNSFORD, A TRACT OF
LAND OF 124 ACRES IN SAID COUNTY, THE DEED BEING REGISTERED IN THE REGISTERS
OFFICE OF
2.
TO PETITIONER J. A. LUNSFORD, A TRACT OF
LAND OF 79 ACRES IN SAID COUNTY, THE DEED BEING REGISTERED IN BOOK “R”, PAGE
46, IN THE REGISTERS OFFICE OF LAUDERDALE COUNTY, TENNESSEE, OF THE VALUE OF
FIVE HUNDRED DOLLARS.
3.
TO PETITIONER, WYATT LUNSFORD, A TRACT OF
LAND OF 100 ACRES IN SAID COUNTY, THE DEED REGISTERED IN BOOK “N” PAGE 533, OF
THE VALUE OF $500.00.
4.
TO PETITIONER, GREEN C. LUNSFORD, $500.00 IN
THE MANNER STATED IN THE PETITION.
5.
TO PETITIONER, HANNAH BURN, A TRACT OF LAND
AND AN INTEREST IN ANOTHER TRACT, AS STATED IN THE PETITION, AMOUNTING TO
$500.00 ALTOGETHER TO HER.
AND THE COURT DOTH ADJUDGE
AND DECREE THAT IN THE DIVISION OF THE ESTATE OF SAID WILLIAM LUNSFORD, AMONG
HIS HEIRS, SAID FIVE PETITIONERS ABOVE NAMED, MUST NOT RECEIVE ANYTHING FURTHER
FROM SAID ESTATE, UNTIL THOSE WHO HAVE RECEIVED NOTHING, SHALL FIRST BE MADE
EQUAL WITH THEM, EXCEPT, HOWEVER, THAT SAID PETITIONER, GREEN C. LUNSFORD IS
ENTITLED TO HAVE AND RECEIVE THE SHARE OF SAID MATILDA TURNER IN SAID ESTATE,
AND IN THE ABOVE DESCRIBED LAND, WITHOUT ANY DIMINUTION.
THE COURT DOTH FUTHER
ADJUDGE AND DECREE THAT, SUBJECT TO THE ABOVE ORDER AS TO ADVANCEMENTS MADE TO
FIVE PETITIONERS, AND THE HOMESTEAD AND DOWER RIGHTS OF MARIAH LUNSFORD IN THE
SAME, THE PETITIONERS ARE ENTITLED TO HAVE PARTITION MADE AMONG THEMSELVES AND
THE DEFENDANTS OF ALL THE ABOVE DESCRIBED LANDS, THEY BEING, WITH THE
DEFENDANTS, OWNERS THEREOF AS TENANTS IN COMMON, SEIZED AND POSSESSED IN FEE
SIMPLE BY DESCENT FROM SAID WILLIAM LUNSFORD, DEC’D, AND THAT (SUBJECT TO SAID
ADVANCEMENTS & DOWER & HOMESTEAD) EACH OF SAID CHILDREN OF WILLIAM
LUNSFORD IS ENTITLED TO AN UNDIVIDED ONE TENTH OF SAID LAND, AND THAT THE
CHILDREN AND DESCENDENTS OF EACH OF THE RESPECTIVE DECEASED CHILDREN OF WILLIAM
LUNSFORD ARE ENTITLED TO AN UNDIVIDED ONE TENTH OF SAID LANDS, EXCEPT THAT SAID
GREEN C. LUNSFORD IS ENTITLED WITHOUT DIMINUTION TO THE INTEREST AND SHARE
FORMERLY OWNED BY SAID MATILDA TURNER, AS AFORESAID; IT IS THEREFORE ORDERED,
ADJUDGED AND DECREED THAT SAMUEL B. CARSON, JAMES A. WALDING & JOHN C.
LAIRD & M. W. GUDGEN, RESPECTABLE FREE HOLDERS IN SAID COUNTY, WHO ARE
UNCONNECTED BY AFFINITY OR CONSANQUINITY, WITH ANY OF THE PARTIES HERETO BE,
AND THEY ARE HEREBY APPOINTED COMMISSIONERS OF THIS COUNTY, WITH POWER TO
EMPLOY A SURVEYOR, AND AS SUCH THEY ARE ORDERED TO LAY OFF AND ASSIGN TO SAID
MARIAH LUNSFORD, WIDOW OF WILLIAM LUNSFORD,
OUT OF SAID 170 ACRE TRACT OF LAND, A HOMESTEAD INCLUDING THE MANSION
HOUSE, OF THE VALUE IN ALL OF ONE THOUSAND DOLLARS; AND OUT OF THE BALANCE OF THE
LAND, WHICH ARE NOT COVERED BY HOMESTEAD, THEY WILL ATTEST AND SET APART TO
SAID MARIAH LUNSFORD ONE THIRD THEROF IN VALUE FOR HER DOWER.
THE SAID COMMISSIONERS ARE
FURTHER ORDERED AND INSTRUCTED TO MAKE PARTITION OF ALL SAID LANDS, INCLUDING
THE REVERSIONARY INTEREST IN THE LANDS COVERED BY HOMESTEAD & DOWER, AMONG
THE PETITIONERS AND DEFENDANTS, ACCORDING TO THEIR RIGHTS AND INTERESTS AS
HEREIN BEFORE DECLARED, CHARGING THE FIVE PETITIONERS WITH THE ADVANCEMENTS
THEY HAVE RECEIVED, BUT GIVING GREEN C. LUNSFORD THE SHARE PURCHASED BY HIM
FROM MATILDA TURNER, BEING ONE TENTH, WITHOUT ANY DIMINUTION. IT IS ORDERED THAT THE ONE TENTH INTEREST
WHICH THE CHILREN AND GRANDCHILDREN OF STEPHEN LUNSFORD, DEC’D, ARE ENTITLED
TO, BE LAID OFF TO THEM JOINTLY AND IN COMMON; AND THAT THE ONE TENTH INTEREST
OF THE CHILDREN OF MRS. ELIZABETH OSTEEN BE LAID OFF TO THEM JOINTLY & IN
COMMON, IT APPEARING TO THE COURT TO BE TO THE BEST INTEREST OF THOSE CONCERNED
TO SO LAY OFF SAID SHARES.
WHEREAS
SOME OF SAID LANDS HAVE BEEN RENTED OUT TO CERTAIN PERSONS FOR THE PRESENT
YEAR, SUCH RENTS ARE TO BE PAID & SO AS IF THIS PARTITION HAD NOT BEEN
MADE.
THE SAID COMMISSIONERS WILL
REPORT THEIR DOINGS HEREIN TO THE PRESENT TERM OF THIS COURT, IF PRACTICABLE,
OTHERWISE TO THE NEXT TERM; AND UNTIL THE COMING IN OF SAID REPORT ALL OTHER
MATTERS ARE RESERVED.
ORDERED
THAT COURT ADJOURN UNTIL TOMORROW MORNING AT
BLAIR
PIERSON, CHAIRMAN
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Source: Lauderdale County Court
Minutes
Lauderdale County Courthouse, Ripley,
Transcribed by Deborah Lunsford Yates
©
Deborah Lunsford Yates, 2000 - 2004
Last Updated Monday, July 19,
2004, 9:43:31 PM CST