STATE OF
CHANCERY COURT AT JONESBOROUGH
Injunction Hannah Templin vs Jas A Templin.
Issued
I accept service of the within this Mch 1st 1877 J. D. Corry
by ______________ Atty.
I accept service of the within injunction this 3rd day of
March 1877 J. A. Templin
To the Sheriff of
And whereas,
complainant had, also obtained a judicial flat for an injunction in this case;
These are therefore to command you, the Sheriff as aforesaid, that you make
known to the said James D. Corry, James A. Templin and Elbert Templin. That
they and this agents, attorneys &c., are hereby enjoined and inhibited
under the pains and penalties of a contempt of this Honorable Court from in any
way disturbing or interfering with the said Hannah Templin in the possession,
use, occupation and enforcement of the lands, houses barns timber &c of and
on said farm and lands described more particularly in her said, bill and on
which she now lives in said Washington Co., until the further orders of this
honorable court. And how you shall have executed this writ, make known to our
said court to be holden at the Court House in
Witness, B. F.
Swingle, Clerk and Master of our said Court at his office in
B. F. Swingle, C
& M.
Agreement Hannah Templin vs Jas A. Templin
Filed Mch 19th 1877
B. F. Swingle C & M
Hannah Templin vs Jas
A Templin et al In chancery at Jonesboro Tenn.
In this cause the
injunction heretofore granted is so far modified as to allow Deft. James D.
Corry to cultivate the following fields of the land mentioned & described
in the pleadings.
To Wit, Our field of
about 25 acres west of the dwelling and ajoining the wood land on the west side
of sd lands and bring the corner field of the cleaned land on that part of the
farm.
One other field of
about 8 acres lying on the back part of sd farm adjoining ____________ bring
the corner field on the northside part of sd lands & containing about 8 acres.
One other field of
about 8 acres lying on the northern corner of sd farm adjoining the wood land.
And also the timber lands on the northern part of the farm about 14 acres.
If upon the final
hearing of this cause any of the aforementioned fields should be assigned as
dower to complete then in the event the Court should decress that sd Hannah
Templin is entitled to any rents & profits from these fields should they be
assigned to the widow as dower. The sd Jas D. Corry to be liable meet from the sale
to one third the value of whatever is raised thenon. Provided the court be not
of opinion that the sd widow has not received a sufficiency from the remainder
of the lands still in his possession.
Mch 19th
1877 Kirkpatrick & Allison
Sols for Hannah
Templin
Jas D. Corry by A
INJUNCTION BILL
HANNAH TEMPLIN VA JAMES A TEMPLIN et al
Filed
B F Swingle C & M
To the Hon. H. C.
Smith Chancellor sitting in Chancery at
Hannah Templin – Complainant
vs
James A. Templin, Elbert Templin and James D. Corry – Defendants
Your Complainant
would respectfully represent unto your Hon. that she and the defendants in the
named and citizens of
Your Hon on examining
said will, will see that the deft Elbert
Templin is appointed Executor of the same, and that he and the defendant James
A. are the advisery under same, and also that there is no provision whatever in
said will for Complainant. Complainant would further state and show unto Your
Hon. that at the August Term of said Co., court the Executor therein named,
appeared and qualified as such, and that this Complainant also appeared at, and
in said Court at said Aug. Term and dissented to said will, in the manner
appointed by law, that her dissent was entered of record, and Commissioners
appointed to lay off and set apart, her dower in and, out of the real estate of
the said John Templin, all of which more fully appears from a transcript of
said proceedings hereto attached marked “B” and made part of this bill but need
not be coppied. Your complainant states that the Commissioners appointed for
that purpose, never did assign, or set apart dower to her, that she was advised
by said Commissioners and the devises named in said will (who are her children,
and in whom she very naturally confided) that it was not necessary to go to the
trouble and expense of having dower formally laid off, as she could live on the
farm with her said two sons, James A. and Elbert, and have her support and
maintenance off the same during her life, that if at anytime she became
dissatisfied, or desired it, she could have her dower assigned and set apart by
said Commissioners at anytime. Complainant states that the whole matter rested
in the condition above stated, until very recently. That as she is informed the
defendants James A. and Elbert, made sale of the lands mentioned in said will
in November 1876, to the defendant James D. Corry, there, as she is informed –
by the terms of sale the deft Corry is to have possession of all the lands in
the month of March next 1877, that the deft Corry has entered the house and
garden, and has forbidden the cultivation of any of the land, and is
threatening to dispossess Complt.
Complainant would
state that she is now more than 70 years old, very feeble and helpless, that
she was old and feeble at the time said Commissioners and devises failed to set
apart dower, and wholly ignorant of her rights and; remedies and she charges that
it was an undue advantage taken of her by those in whom she had a right to
confide, and she is advised and will insist that this Court will not permit her
to be tossed out of a house in her present old age and helpless condition, in
conquesence thereof. Complainant states
that the lands mentioned and describe in the said will an situate and by in
Civil District No. 4 of Washington Co Tenn, and tract containing about 162
acres adjoining the lands of T. J. Wilson, Jacob Cacelus E. Booth and others.
The other containing
about 30 acres and ajoing the lands of said Cacelus. John Love Joseph
Fitzgerald and others.
Premises considered
Complainants prays that all necessary process issue, that the parties named in
the caption as defendants be required to answer this bill fully & truly but
not on oath. That Commissioners be appointed by this Court for that purpose,
and dower assigned Complainant out of the lands described in the will and this
bill, as the statute of Tenn directs that the defendants, each and all of them
be enjoyed and inhibited from interfering, on in anyway disturbing Complainant,
in the occupancy enjoinment and possession of said house & farm pending
this bill, and that on final hearing they be enjoined from disturbing her in
the possession and enjoinment of that part of said land which may be assigned
hers as dower, during her life. Complainant for all further & difference
relief which she may be entitled to in equity.
This is the first
application for an injunction in this cause.
Kirkpatrick &
Allison, Sols.
Before me Joseph
Booth an acting Justice of the Peace in said County, this day came Hannah
Templin, who made oath in due form of law, that the facts set forth in the
foregoing Bill, are true, to the best of her knowledge information and belief.
Sown to &
Subscribed before me this
Hannah Templin (her
mark)
The State of
To the Clerk &
Master of the Chancery Court at
Issue an injunction
as prayed for in and by the foregoing bill on
complainants executing bond with security according to Law or by other
wise complying with the law.
S B Call, Judge
EXHIBIT “A”
COPY
JOHN TEMPLINS WILL
I John Templin do make
and publish this as my last will and testament hereby revoking and making void
all others by me at any time made First & direct that my funeral expenses
and all my debts be paid as soon after my death as possible out of any moneys
that I may did possessed of or may first come into the hands of my executor.
Secondly I give and bequeath to my sons Elbert and James A. Templin the farm on
which I now live also the thirty acre tract known as the Wolsey tract to be
equally theirs on the following conditions. Elbert & James Templin to pay
each the following sum. Elbert to pay my son Samuel Templin fifty dollars,
James A. Templin to pay him fifty dollars making the sum of one hundred dollars
which sum is to make his entire interest in my estate. Also to pay Martha
McNeese one hundred dollars, Eliza Estes one hundred dollars, Emaline Lovelace
two hundred and twenty five dollars, Malinda Wyan one hundred and fifty
dollars, Amanda Loyd two hundred and twenty five dollars and Elizabeth Templin
three hundred dollars the above sums to be their entire interest in my estate
the above sum make in the aggregate the sum of twelve hundred dollars of which
amount Elbert is to pay six hundred dollars and James A. Templin is to pay six
hundred dollars. Lastly I do hereby nominate and appoint Elbert Templin my
executor. In witness whereof I do to this my last will set my hand this 7th
day of May one thousand eight hundred and sixty nine.
John Templin
Signed and subscribed
in our presence and we have subscribed our names hereto in the presence of the
testator this the 7th day of May 1869. The word be in forth line
from the bottom ____________ before the signing..
Ebenezer Booth
E. Armstrong
The foregoing will
was presents to the Court for probate at July term 1869 and proven by the oaths
of Ebenezer Booth and E. Armstrong the two subscribing, witnesses thereto and
ordered to be recorded and Elbert Templin the executor therein named appeared
in open court entered into bond and security as was qualified as the law
directs.
J. F Grisham Clerk
I J. Grisham Clerk,
County court, hereby certify that the foregoing is a true copy of the last will
and testament as the same appears of record in this office. Witness my hand at
office this 19th day of February 1877.
J. F. Grisham Clerk.
Copy John Templins
Will, Clerks fee $1.00, Ex “A” Filed 28th Feb 1877
B F Swingle C & M
EXHIBIT “B”
At a County Court
begun and held for the County of Washington and State of Tennessee at the Court
House in Jonesboro: on the 1st Monday, it being the 2nd
day of August 1869. His Worship Lawrence Bowens Chairman presiding Chairman
ProTem and Alex Mathes George Capp W B Seaton John H Payne C H Swatzd Joseph
Keebler Jonathan Killey Wm R Miller, Vincent Boring Joseph Tucker Joseph Hill A
C Collins C E May Nathan Shipley S K N Patton James B Strain John Walter Thomas
C McAdams Irenius Keicher John Gallagher J F Gusham William Ward and John L
Murray Esquires being present, in the transaction of business among other
things the following order was had and entered of record to wit.
Hannah Templin widow
of John Templin Dec.d hereby dissents from the will of her late husband John
Templin Dec.d and respectfully prays the Worshipful County Court of Washington
County to appoint commissioners to lay off and set aside to her the lawful
allowance due her, and also one years support out of said estate, and also to
appoint commissioners to lay off and set out by meter and bounds one third of
her late husbands real estate, during her natural life, and she will ever pray.
Attest Elbert Templin.
And on motion the Court approved.
BOND
HANNAH TEMPLIN VS ELBERT TEMPLIN et al
State of
I, Hannah Templin do solemnly
swear that owing to my poverty I am, unable to bear the expense of a suit which
I am about to consider in the Chancery Court of Washington County, Tenn against
James A. Templin Elbert Templin and James D. Corry and that I am justly
entitled to the relief sought according the best of my knowledge information
and belief.
Sworn to &
Subscribed before me this
Joseph Booth
Justice Peace for
said Co.
Hannah Templin (her
mark)
ANSWER OF J D CORRY
HANNAH TEMPLIN VS J D CORRY et al
Filed Mch 6th 1877
B F Swingle C & M
The separate answer
of James D. Corry to the bill exhibited in the Chancery court at
Respondent saving
& reserving unto him the right of exceptions to the errors and insufficiencies
of sd bill. Come by protestation and for answer to so much & such parts
thereof as he is advised it is mutual he should make answer unto. Says The
residence of the parties is correctly stated.
It is here that Complt.
is the widow of John Templin Dec’d who died in June 1869. having made &
published his last will & testament which was admitted to probate & the
executor qualified as stated in the bill.
Respondent supposes
that Ex. “A” is substantially a correct copy of sd John Templins will.
Respondent knows
nothing of the action of the County Court upon Complts application for dower
out of sd John Templins estate. Nor did he know that Complt. had ever ordered any
dissent to s’d will until he saw the fact stated in Complts bill. But
Respondent did know that the Commissioners who were appointed to lay off a
years support for complt. Also offered to set a part means off a dower for her.
& Respondent did & has for ________advised Complt to dissent from the
will and take dower. Respondent would here state that he is a son in law of
Complt. & Bro in Law to his Co Defts.
Complt. sometimes
would tell Respdt. that she would take his advice and then again would tell him
that she knew her sons would care for her and she would not claim dower but
would allow them to sell the land free from all incumbrances & pay off the
other children.
Respdt desires that
there was ever any order made in the County Court directing Commissioners to
lay off dower to Complt.
Respdt knows nothing
in reference to Complts being advised by the Commissioners or by the devises
under the will not to claim dower in sd land.
Respondent admits
that some time ago he purchased one tract of the land mentioned and described
in sd bill from sd James & Elbert his Co Defts. But Complt need not state
that she is informed & advised of these fact because no one knows
the circumstances more fully than Complt. If she could only gave her consent to
give to the Court all the particulars.
Complt was present when
Respdt was made trading for said land. And Respondent knowing that Complt had a
right to dissent from sd bill. Having often as aforesaid advised her so to do
would never have entertained the idea of purchasing sd land had Complt ever
intimated that she claimed dower in the same. But upon the contrary Complt was
present on frequently while the trade was being negotiated an urged &
insisted upon Respondents purchasing sd land on upon Deft Elbert & James
selling the same and stated distinctly & repeatedly that she claimed no
dower in the same. And these statements induced Respondent to purchase the land
at the sum of $1500.00 off which sd Respdt has paid something over $1100.00 and
executed his several promissory notes for the balance.
Respondent charges that
the aforesaid statements & declarations of Complt were made for the
fraudulent purpose of inducing Respdt to pay his hard earn means to Complts two
sons. And that complt is combining & _________ with her two sd sons James
& Elbert to cheat money and defraud Respondt. Said Elbert & James
having procured the filing of Complt bill against themselves and Respondent.
And that on the day of the filing of sd bill sd Deft Elbert: Endeavors to trade
on sell Respdt notes to J. H Dossen & Co. stating to sd Dosser that he was
advised by his solicitors that if he would assign sd notes that Respondt could
not have the same. Abated in the event Complt succeeded in recovering her dower
interest. And on the day following he & sd James did make and assign sd
notes for the fraudulent purpose & with the fraudulent intent of depriving
Respdt of any offset which he might have against the same.
Respdt is advised
that Complt is estopped from recovering her sd dower by reason that she
procured Respdt to purchase the same & waive any and all her right to the
same. And she cannot take advantage of her own fraud and money. Complt &
her two sons Elbert & James have been living together.
Respondent admits
that he has rented the house & garden to sd lands. And Respdt would here
state that he rented the same to Complt herself on to her son James for her.
And ________Complt seeks to make the appearance that he has rented to some one
else and would turn her out which is untrue.
Respdt denies that he
has forbidden Complt cultivating but upon the contrary has agreed to let her
have whatever was necessary for her and all she has asked for. Though not under
the slighted obligation to do so.
Respdt denies that he
has ever sought or intended to dispossess Complt. Complt has frequently since
Respdt purchased sd land told Respdt that she claimed no dower on sd land.
And where Respdt was
first approached upon the subject of a purchase he informed Complt of the propositions
made him and asked him as to the dower. She disclaimed any interest in the
lands and said she was anxious that Respdt should purchase so that the legacies
under the will might be paid off. And after Respdt had concluded that he would
purchase he advised with Complt. as to her right to dower but she positively
declined claiming any right to the same. Asserting that she had confidence in
her sons & that they would maintain her. Respdt insist that in as much as
Complt was familiar with all the transactions that her fare assent to sd sale
would estop him from claiming dower, But Respdt can & will show that Complt
insisted upon a sale of said land. Much less can she be entitled to any
benefit; as Respdt thinks he can show that there has been a combination upon
the past of his Co Deft. & Complt to cheat money & defraud him and
Respdt believes and charges the fact so to be that this has been the fixed
& steady purpose of Complt & his Co Defts.
And having answered Respdt
prays that he be hence dismissed and that the injunction hereto for granted be
dissolved & that Complt go hence with his costs.
Reeves & Deaderick
Sol.
State of
Personally came
before me and made oath to Ja D. Corry – that the statements made in the
foregoing answer and true to the best of his information & belief.
Sworn &
Subscribed me
Mch 6th
1877
James D. Corry
Sub to Testify for Complt.
Hannah Templin vs James A Templin et al
Issd May 18th 1877.
Ser to Answer
Hannah Templin vs James A Templin et al
Issued
I acknowledge service of within & main copy of bill
J D Corry
By Reeves & Deaderick Attys
Marcy 3rd 1877 – I acknowledge service of the within surpoun
and main copy of the bill. J A Templin
STATE OF
TO THE SHERIFF OF
We Command You to
Summon Hannah Templin, James A. Templin, Elbert Templin, T. J. Wilson and E. E.
Wilson to appear before the Clerk and Master of the Chancery Court of
Washington County, at his office in the Court House, in Jonesboro’, on the 23rd
day of May 1877, and testify and the truth to speak in a cause pending in said
Court wherein Hannah Templin is complainant and James A. Templin et al on
Defendants, on behalf of Complainant. And this you shall not omit under the
lawful penalty.
Witness, B. F.
Swingle, Clerk and Master, at office in
D. A. Patton C. & M.
STATE OF
TO THE SHERIFF OF
Witness, B. F.
Swingle Clerk and Master of said Court, at Office in
B. F. Swingle C.
& M.
DEPOSITIONS
HANNAH TEMPLIN
VS
JAMES A. TEMPLIN et al
Taken & Filed
Witnessed
James Loyd & J. D. Corry
Hannah Templin vs
James A. Templin et al, In Chancery at
Depositions of James
Loyed and Jas. D. Corry taken before me at my office in Jonesboro by agreement
on the 16th day of May 1877 in presence of A. S. Deaderick sol for
Defts.
Said James Loyd of
lawful age being only sworn resposes & says:
I knew John Templin during his lifetime. I
also know his widow Hannah Templin. I also know Jas D. Corry & Elbert &
Jas A Templin Defts in this cause. I know the farm that Mr. Templin left at his
death. I have never heard of his widow moving from the farm since his death. The
understanding is that Jas A. Templin lives on the sd farm. I had a conversation
with Mrs. Templin sometime before her sons sold the farm to Jas D. Corry in
which conversation Mrs. Templin expressed a willingness for the boys Elbert
& Jas to sell the land. I don’t remember the exact language in sd
conversation she spoke of wanting the boys to get out of debt & depended
upon the boys for a living. I don’t think at this time they had anything else
to sell. It was always my understanding that John Templin owned another tract
of land aside from the home farm. I don’t know how much was of sd tract. It was
a small tract I have seen him working on it.
Cross Ex and further
saith not test. D. A. Patton
James (his mark) Loyd
J. D. Corry of lawful
age being duly sworn reposes as follows
I am one of the Defts
in this case. I married a daughter of Complt Hannah Templin.
Complt & Jas A.
Templin are now living on the lands in dispute in this case. I purchased the
land in controversy of Elbert & Jas A. Templin Exectos of John Templins
will. We were some time in arranging the trade and the terms thereof. During
the process of the trade we had several conversations in the presence of the
Complt. She urged me to buy and said she wanted the boys to get out of debt
& said they were not able to pay the debts any other way than to sell the
land. These debts spoken of were principally legacies to the other heirs, and
some other debts. The land was advertised in the news paper for sale by Elbert
& James. One William Gillenwatters write to Elbert Templin asking the terms
upon which they would sell, they gave me the letter to read I answered it for them in presence of Complt.
At this time Complt seemed anxious for them to sell to sd Gillenwatters &
said she was afraid he would not buy the land. This was some three or four
months before the propositions were made to me to buy the farm along about this
time. I was at complts house upon one occasion when Complt & Deft Elbert
& James I think were present. They were talking of a man from Va who had
been there a short time before looking at the land with a view to purchase it.
Elbert & James had asked him $2500 for it & this man had asked them if
$2000 would not buy it. Complt. Said she was sorry they did not take his offer
of $2000 they said he had promised to come back or write in two or three weeks
& she said she was afraid he would not come or write. Before & during
this time I had two or three conversations with Complt in regard to her
claiming dower in the land and advised her to claim dower. She told me that she
could not hold a dower and that she would not if she could that she wanted the
boys to sell and get out of debt. Deft Elbert first proposed to sell the land
to me. After this proposition I had frequent conversations with Complt in reference
to the sale of the land. She said I ought to buy it for it would make me a good
home & expressed a preference that I should have it rather than strangers.
This was from two to four weeks before we made the contract, the statements of
Complt that she did not have a dower nor would not have a dower caused me not
to demand her signature to the title papers, and had she at any time claimed a
dower in the land I would not have bought. I did hear her say at one time about
a year before that she would claim dower but after that she said she would not
have a dower and all the time afterwards I bought she said she would not claim
dower. A short time after I bought perhaps two weeks I went over to Complts and
asked her who it was cutting down timber in the woods. She said no one was but
that Elbert & James had sold a down tree before they had sold the land to
me & had forgot to tell me about it. I told her I heard two or three fall,
then she said she did not know anything about it that the land belong to me now
& I would have to attend to it myself. At the time Elbert & Jas
executed to me a title bond for the land. I paid & had paid something over
$1150.00 on the purchase price of the land. I executed my notes to them for the
balance of the purchase price. Then were four notes two of sd notes were
executed jointly to sd Elbert & James for about $49.00 each and notes of
$73.00 to Elbert & James each. There was one other note for $116. This last
mentioned note was paid by me in a short time after it was executed. I have
paid $48.00 on one of the $73.00 notes sd two $73.00 notes are now in the hands
of Mr. Hoss & Johnson these notes were transferred immediately before
(perhaps a day or two) the filing of Complt bill & about the same time the
two $49.00 notes were assigned to one John K. Rodgers in Va of these
assignments I was duly notified by the present holders of sd notes at the time
of these assignment Defts Elbert & James were both living with Complt.
After I had bought the land Complt said to me that she was glad I had bought it
that the boys could do better on rented land out of debt than they could on
that land & be in debt.
And further sayeth
not James D. Corry.
The foregoing
depositions were taken before me as stated in the caption and ________________to
writing by me and I certify that I an not interested in the cause nor of kin or
counsel to either of the parties given under my hand this 16th day
of May 1877.
D. A. Patton
NOTICE
Hannah Templin vs
James A. Templin et al
I accept service of written
notes
H. S. Deaderick sol
for Deft Corry
Hannah Templin vs
James A. Elbert Templin, et al
Now pending in
Chancery at
To James D. Corry,
Jas A. and Elbert Templin.
On Wednesday the 23rd
day of May 1877. At the office of the Clerk & Master in
Hannah Templin
By John Allison Jr. Sol.
Complts Deposition
Hannah Templin
Vs
Jas A. Templin et al
Received by the hands
of & A S Deaderick
Filed
B. F. Swingle C &
M
The deposition of
Hannah Templin witness for herself in above cause. Taken upon agreement at her
house on the
Sd witness states I
am Complt in this cause am 72 years old and very feeble and can walk but little
& some times have staggering spells. I made application at one time to the
County Court to have dower set apart to me. We did not have the money to pay
expense when the commissioners came and they said I could have it done at any
time. I was advised by the Commissioners & my sons that I could have it
done at any time. They said they had it fixed so that I could have it laid off
at any time if I wanted it. I told the boys since the sale of the land to Corry
that I was going to try & hold my
dower. I don’t know whether I told them this while they were talking of selling
or not. I told them I never had signed my dower away & never intended too.
It had been a good bit since they first began talking about selling the land. I
don’t know when I first heard that they were going to sell the land. They told
me that the lawyers had told them that I could not hold dower because it was
not laid off within 12 months. I never agreed at any time to give up my dower
and if any body swears that they swear what _____ so. I heard of the sale the
same day Mr. Corry bought. I never heard any of the conversations between him
& the boys in reference to the sale. I was never present when the boys
& Corry were talking about the sale. It was never mentioned before me. I
was not present when any of the papers were signed. I never stated to Mr. Corry
that I did not intend to hold dower in the land, I never so stated to any one I
never stated to Mr. Corry that I wouldn’t hold dower in the place of I could
and I never told him I would hold dower. I never talked to him about it, I
always refused to sign my right away. No one ever asked me to sign my right
away. I remember that then was a gentleman here from Va to look at the place
but he didn’t buy it and that didn’t hush anything. After he went away I don’t
remember that I told Mr. Corry that I was sorry the boys didn’t sold him the
place. But if they had sold him the place we would have got something for it.
Cross Examination=
When the boys were
talking of selling to Corry they talked to me about it. I did not tell them not
to sell. I did not meddle with it. I thought I would get a home here as long as
I lived. Corry is my son in law. There was no understanding between myself
& the boys about the time of the sale that they would take care of me. I
thought they would. They talked to me of the sale to Corry said they were going
over to see him about it. I did not know certainly that they were going to sell
but knew they were trying to. I made no objection to their selling the land to
Corry. I thought I would get a home here any way if Corry bought, he was my son
in law & I knew I would not be in the way of any of them long. Corry has
never tried to turn me out. He never told me I could stay here. I never rented
from him. James talked like he had rented
of Corry. I do not recollect who made the application to the County Court for
me to have dower laid off. I cause it to be made I don’t remember how it was
made. I never made but one application I have never paid any attention to the
application in the County Court since. Eli McNeese married my daughter some 18
or 19 years ago. He & his wife are still living and have children. I never
notified any of my children of the time I made the application in the County
Court for dower.
I have never made any
application to the Commissioners appointed to lay off my dower since they were
here the first trial. My mind is still all right, though I am not smart, I mean
by this that I am not an educated woman. There is no proceeding pending in the
County Court now for reference to dower. It was not very long after I made the
application in the County Court, until the Commissioners came, not more than a
few weeks. I don’t know any thing about the fruit trees being dug up on the
place since the sale to Corry. We had to pasture the meadow this spring a
little. We had nothing to feed. I know nothing of wheat being pastured. I have
seen strange cows in the wheat. A bad mare of Elberts jumped into wheat &
_________________& I could not get them out for a day but got them out next
day. James has a man, I have two, one old blind one.
Re Ex – I cant read
nor write. I never had a lawsuit before, and was never in the court house in my
life. I was never examined as a witness before. I have no knowledge about legal
proceedings.
Hannah Templin
We agree that the
foregoing may & made as the evidence of Hannah Templin. Not subject to
exception because the same is not sworn to nor for want of proper caption in
_____________and subject only to such exceptions for imcompeting as might be
taken of the deposition was originally taken & properly certified.
Reeves & Deaderick
Sol for Corry.
Depositions for
Complt.
Hannah Templin VA Jas
A. Templin et al
Filed
B F Swingle C&M
Hannah Templin vs Jas
A. Templin et al
In Chancery at
The depositions of T.
J. Wilson, E. E. Wilson, James A. Templin and Elbert Templin taken by agreement
and witness for Complt in above cause. Taken at the office of the Clerk Master
in
Sd witness T J
I am acquainted with
the Defts & Complt in this case and live a neighbor to them all. Have known
them for 25 years. Except Deft Corry. I have know him 20 yrs. Hannah Templin is
a very old feeble helpless woman. Is reported as over 70 years of age. Is
dependent upon the assistance of others. She can walk about the house but
sometimes she falls over. I am the T J Wilson who was appointed by the County Court
at its Aug Term 1869 in connection with E E Wilson & C E May to lay off
& set apart dower to complt out of the lands of John Templin Dec’d. We met
on the premises for the purpose of laying off a years allowance to the widow
and proceeded to do so & reported to the Court. We did nothing about
setting apart dower that day. Mrs. Templin wanted us to lay off her dower on
that day. Esqr May one of the commissioners told her that she could have that
done at any time in the future. He influenced her not to have it laid off on
that day. Stating that it would be the best to save the costs alluding the
laying off of dower & pay off the debts. Elbert Templin was present Jas A
was a minor & I don’t think he took any part.
Elbert Templin the
exc of John Templin told her that the dower could be laid off to her at any
time she wished it done. Then was never any other meeting of the commissioners
& they never laid off dower to Complt.
Cross Examined=
Complainant talked to
me after this about her dower but I was never called upon after this to lay off
dower. John Templin died last of June or first of July 1869. I think in going
to set apart years support we acted under the order of the County Court. We
laid off years support a few months after John Templin died. The said season of
his death we understood that we were empowered to lay off dower, I don’t
recollect whether we had a copy of the order of Court. I know we were unpaired
to lay off dower for I was in Court when the order was made. The widow Hannah
Templin is living now on the premises and James A. Templin is living with her,
James A is a married man and his wife is there with him and for this sayeth
not.
Thos J Wilson
E
I have heard the
deposition of T J
I concur in and adopt
the deposition & cross examination of T J Wilson given this day in the
above cause as my deposition & cross examination, except that I was not in
the County Court of said County when the order was made. And with the
additional statement that I was one of Hannah Templins nearest neighbors. And
have heard her talk frequently about having her dower laid off in said lands
she told me frequently that she had helped to make the place and intend to have
her dower. She told me shortly before this suit that she intend to have dower
in said place.
And further sayeth
not. E
James A. Templin of
lawful age being duly sworn says.
I am one of the Defts
in this cause and live on the place with my mother the complt. She is about 72
years old. She is helpless, she can walk about the house with a cane. Two or
three weeks ago she walked down to E
I remember the fact
that a man came from VA to look at the place & that myself, Elbert &
Mother afterwards talked about it but not in the presence of Mr. Corry that I
remember of. I said myself that I was sorry that we didn’t take $2000.00 from
him for the land but don’t think my mother said this. Am pretty sure she did
not say this. She did not state then that she wanted myself & Elbert to
sell the land. My mother never told me that she did not claim dower in the
land. She always claimed it. The sale of the place was made at Mr. Corrys house
or somewhere about there. My mother was not present. The writings were signed
by myself & Elbert in Mr. Kirkpatricks office in
Cross Examination=
Deft Corry executed
to me some notes when I signed title bond. I mailed the notes I was obliged to
have some things to go upon. I needed a house. I think I traded said notes
about the time this suit was brought. I have no caused in this case. My mother
had bill filed. I come to town and attended to the filing the bill for my
mother. The fee for Kirkpatrick & Allison in this cause has been paid by Robt
Rud. I got paid to secure fee for my mother. My mother secured Rud, by giving
him a lien on a horse which she had. A horse that was raised on the place and
left to her. The horse had been in my possession but of the time I always used
the horse when at home. It was one of the horses left on the farm when my
father died. I offered Rud as certainty if he would secure said fee and of the
notes exceeded by Corry to me for the land.
My mother knew that we
were going to ____________some of the land to Corry. But I am certain that she
did not know from me we were going to made it all. The land _____between
Elbert, myself & Corry. Was talked off several days before it was made.
After proposition was made, we talked in a few days I don’t think Corry was at our
house hearing the propositions and land trade.
Quistion: Did you not
state in Mr. Kirkpatricks office at the time the title bond was executed in the
presence of Jas D Corry & A
Answer=I did not,
there was nothing of the kind said that I remember of.
Quistion=Did not
Elbert make such a statement then & then in your presence & did you not
concur twice.
Answer=Not that I
remember of. I am petty sure there was no such talk.
Quistion=Was it not
suggested then & there by sd A S Deaderick that your mother should sign
said title bond.
Answer=No sir, if it
was I didn’t hear it.
Quistion=Was there
nothing said about the matters embrossed in the fore going questions on that occasion.
Answer=Nothing said that
I remember of.
And further saith
not.
J A Templin
Elbert Templin of
lawful age being duly sworn says.
I am Deft to this
suit. My mother is about 70 years old perhaps upwards of 70. She is old &
feeble I am one of the parties who sold land to J D Corry. The trade was made
at Corrys. My mother was not present. The papers were signed in
I don’t know as my
mother agreed at any time to give up her dower & that was myself sell the
land. She never said to Mr. Corry in my presence that she wouldn’t claim dower
in the place. She never told me in the present of Corry that she would not
claim dower in the place that I know of. She was never present to my
recollection when we were talking to Corry about a sale of the place.
I think I told her
that I was going to sell the place to Mr. Corry dower & all. She always
claimed her dower and I came to town to see about it two or three times &
was told that she could not get her dower and she said if she could not it
would have to be sold. I consulted A
I remember of a man
coming from VA to look at place. Afterwards I think Mother & myself &
James in the presence of Mr. Corry had a conservation in regard to this mans
buying the land. I don’t recollect whether or not my mother stated in that
conservation that she was sorry that we did not take 2000.00 for the land. I
don’t think that my mother was present at any time where James myself & Mr.
Corry was talking about the terms & conditions of the trade.
Cross Examination=
My mother knew of the
trade between Corry James & myself I had talked to her about it. She did
not make any objection to the trade then. Because she thought from the advice I
had acquired on it that she could not hold dower. If I had thought then she
could have held dower in the land I would not have sold it. I am not certain
that I asked A
Quistion=Did you not
state in Mr. Kirkpatricks office at the time you & James executed the title
bond for the land & in presence of J D Corry & A S Deaderick that your
mother desired you to sell the land and that she claimed no dower. And that she
& yourself & James had an arrangement which you were to take care of
her.
Answer=If I did I
don’t recollect. Did not James make such a statement & did you not concur
therein. I don’t recollect that he did. Corry married my sister & his wife
was at our house frequently before the filing of the bill, Corry had not been
for some time, before the filing of the bill, he had been there occasionally
before the sale. I was talking to James H. Dosser about selling him the notes
Corry gave me for land about time I sold them to Johnson. I think I gave Dosser
as a reason for wanting to sell him said notes that a bill was about to be
filed and I was afraid I would lose them. Johnson gave me a part in goods for
the noted, and a due bill for bal. which are bill I have. I suppose my mother
knew that we was selling all of the land she, did not think she could hold dower. I had come
frequently to get advice from lawyers to see whether she could hold dower &
told her she could not, & she thought there was no dower, but said she
would try.
Re Ex.
I counseled with
several lawyers & was advised that mother could not hold dower and told her
that I did not think she could hold it and then she said if it was law, that
the place would have to be sold but that she would try & hold dower. She
told me this both before & after the bill was filed. Between the time that
I told her that she could not hold dower and the time of the trade I think she
said she would claim dower. She said she would try to stay there as long as she
lived.
And further saith not
Elbert Templin
The foregoing
deposition were taken before me as stated in the caption and reduced to writing
by John Allison __and A S Deaderick council for the parties and I certify that
I am not interested in the cause nor of kin in council for either of the
parties. Given under my hand this
B F Swingle C & M
By D A Patton
Decress Not
Hannah Templin vs Jas
A Templin et al
May Turn 1877
Hannah Templin vs James
A. Templin et al
This cause came on to
be heard on this the 6th day of June 1877 before C E Luckey ESQ (a solicitor
of this court who was agreed upon, or selected by the parties to hear and
determine the questions involved) upon the pleadings, exhibits and proof in the
cause, from all of which, his Honor, the said C E Luckey, Special Chancellor
selected as aforesaid, is of opinion, that the Complainant Hannah Templin as
the widow of John Templin deceased, is entitled to dower out of the lands
described in the pleadings, and doth so adjudge and decree; and it being
suggested, and admitted, to the Chancellor that all the legatees named in the
last will and testament of said John Templin, have been fully paid their
legacies, heretofore, by the defendants to this bill and that therefore, they
are not entitled to any notice of Complainants application for dower, the
Chancellor aforesaid, is therefore pleased, an application, to appoint John L.
Blair and Joseph Hill Esqr respectable freeholds of Washington County Tenn
commissioners, in connection with Nathan Shipley County surveyor, of said
County, who will, after being duly sworn as the statute provides, go upon the
land of the said John Templin Decd described in the pleadings and proceed to
lay off and assign by meters and bounds to the Complt Hannah Templin one third
of said lands in value, including the improvements, thereon, but said
commissioners in assigning dower as herein before directed will not take into
consideration the value of the improvements which they are directed to include
in the lands assigned to said Complt. And said commissioners will report to the
next term of this Court what they shall have done in the premises.
And the Chancellor aforesaid
being of opinion that James A. Templin and Elbert Templin are the proper
parties to pay the costs already accured in this cause doth so adjudge and
decree for which execution may issue.
Hannah Templin vs
James A. Templin et al
Nov Term 1877
Hannah Templin vs
James A. Templin et al
In this cause it is
suggested and admitted in open court that the Complainant Hannah Templin, died
before the order in this cause made at the last term, was executed, and it
appearing to the Chancellor that said Hannah Templin decd was the only party
interested as Complt in this cause, or in having said order executed. And that
her interest in the cause, ceased upon her death. The court is therefore
pleased to order and direct that this cause be stricken from the docket.
