| || Notes for SARAH ELIZABETH HALE:|
Chancery Court, Lawrence County Tenn. Min. Bk J, p. 302-3-4-5-6-7-8-9-10
W.S. Bryan Executor, Et al
Mary Johnson and Polk Johnson Et al
This cause came on to be I further heard this day before the Hon. Walter S. Bearden Chancellor Et. upon the whole record in the case and especially the report of C&M in the case filed May 17th 1909, which report is in the following words and figures to wit:
Masters Report to May Term 1909
The undersigned respectful reports that in obedience to a decree in this cause pronounced at the last regular term directing the Master to consider the record and hear proof and report.
1.How much money he now has in his hands as arising from sale of lands in this suit.
2.How much of said fund Has been consumed in expenses incident to this suit.
3.Whether it advisable to distribute said funds now on hand or wait until the full purchse money is paidin.
4.Who are rightful parties to receive said fund.
As to the first head to be reported on 1 report that I have in this case collected in money the sum of $3972.16 that W.R.J. Hardwick, the purchaser presents some receipts of some payments but these receipts have not been passed on by the Court this is outside of the money collected by me as herein stated in the sum of $3972.16 that from the County Court on personality received $115.74 making a total $4087.90 receipts presented amt. to the sum of $41933.61.
That the expenses incident to this suit, which I have to report on under the second head amount to $464.83 but this includes cost and atty fees and of this amount the following have been paid.Cost and Com. $274.83 Atty fees $165.00 Guardian Ad Litem fee $25.00.
As to the 3rd head to be reported on I report that in my judgement the fund on hand for distribution had as well be now distributive as to wait until full payment of the whole fund.
As to the 4th head to be reported on I report that I called T.D. Vaughn and C.F. Tice to come to give proof and T.D. Vaughn proof and W.T. Hale proof was taken which is on file, but C.F. Tice deposition was not taken as he did not know facts but he was present, that from the record and the proof on file I report that the following parties entitled to share in said fund and in the following ratio, towit:
First, that there are ten original shares, but of these ten some of the original parties are dead and left heirs, that in some instance runs through more than one generation, the first ten to wit:
1.Jane Hale - who married Jim Kelley
2.Angie Hale - who married Joe Haynes
3.Nan Hale - who married W. J. Tice
4.Georgettie Hale - who married Bob Grimes
5.Lucindy Hale - who married Frank McLaren
6.Tennie Hale - who married T.D. Vaughn
7.John W. Hale - (handwritten in "who married Mary Kelley"
Mrs. S.E. McLaren was a Hale and married Robert L. McLaren and the above named Aaron Hale, Jno. W. Hale, Bob Hale and (Bill) W.F. Hale her full brothers and her full sisters to wit:Angeline Hale and Jane Hale; her half sisters Nan Nannie Hale, Georgettie Hale, Tennie Hale and Lucindy Hale.That all of the original ten are dead except Tennie Hale who married T.D. Vaughn and therefore Tennie Vaughn and Lucindy McLaren. That W.T. (Bill) Hale who is one of six children of W.F. Hale deceased released all of his interest in said land estate and rents that might be his or belonging to the part of land willed Mrs. S.E. McLaren a will in which he was specifically interested, but did not release his part in the personality that would be his by reason of his heirship, that the will of Mrs. S.E. McLaren deceased and said agreement of W.T. Hale are on file in this cause and the amt. of personalty in this case received by me being the said $115.74 that the said W.T. Hale is entitled to and interest in the same at the rate for 1/6 of 1/10.Therefore Tennie Vaughn wife of T.D. Vaughn is entitled to 1/10 of the whole.2.Lucindy McLaren a widow of the whole 1/10.3rd Aaron Hale died heirs of the whole 1/10 in the following ratio:Eliza Herrin widow of Chas. Herrin died.She was daughter of Aaron Hale 1/4 of 1/10.Mary A. Sledge Mrs. Hale's daughter and wife of Ben Sledge of the whole estate 1/4 of 1/10.Elizabeth Bryan nee Hale who married Isaac Bryan, whether he living and where now shown, she left one heir, to wit:Billie Jim Hale who represents 1/3 of 1/4 of 1/10.Annie Mitchell, wife of ___________Mitchell, she a daughter, 1/3 of 1/4 of 1/10.Ed Hale who represents 1/3 of 1/4 of 1/10.4thJohn W. Hale, dec'd heirs of whole 1/10 (a) Gus Andrew Hale a son of Jno. W.of the whole 1/3 of 1/10."B" Bill Jim Hale son of Jno. W. 1/3 of 1/10. "C" Sallie Hale Wallace, dead and set out as having and heir John Wallace, there being no proof as to whether husband Marion Wallace is living or dead, this share is 1/3 of 1/10. (5) Bob Hale dec'dheirs of the whole 1/10.See the following ratio to wit "A" Pamphelia (Panny) Hale Gibbons husband dead of the whole 1/2 of 1/10.Dora Hale McMackin wife of R.A. McMackin, she is dead, husband living, left heirs as follows:Bessie McMackin daughter who married Walker Willis,this share is of the whole 1/2 of 1/2 of 1/10. 2nd Lola McMackin Willis daughter is dead and left one heir Howard Willis, a minor.Bob Willis husband of Lola, her husband is till living, this share is 1/2 of 1/2 fo 1/10.6th W.F.(Bill) Hale deceased heirs 1/10 of wholein ratio as follows:Neana Hale Tice dead, J.A. Tice her husband living.She left a son Edgar Tice this share of the whole is 1/5 of 1/10 excluding $115.74 personalty and 1/6 of 1/10 of this $115.74.(b) T.E. Hale Phillips wife of W.H. Phillips, 1/5 of 1/10 of the whole excluding the personalty and of the $100.00 1/6 of 1/10 of same."O" Eveline Hale Liles wife of Dan Liles, entitled to 1/5 of 1/10 of whole excluding $115.74 personalty and 1/6 of 1/10 of said $115.74. (e) William or W.T. Hale is entitled to 1/6 of 1/10 of the $115.74 personalty.See release filed by him.(f) Maggie Hale Liles, wife of John Liles, 1/5 of 1/10 of the whole excluding $115.74 personalty of which personalty she is entitled to 1/6 of 1/10.(7) Angeline Hale married Joe Haynes both dead their heirs of the whole 1/10 in the following ratio: (a) J.R. Haynes a son 1/7 of 1/10 (b) Malissa Haynes married Jack Johnson of whole 1/7 of 1/10 (c) J.S. Haynes of the whole, 1/7 of 1/10 (d) Matt Haynes married John Johnson of the whole 1/7 fo 1/10 (e)_ Lena Haynes married TomWhitworth of the whole 1/7 of 1/10 (f) Margaret Haynes married Hale dad left W.J. Hale only heir, 1/7 of 1/10, Mary Haynes, married Jim Shelton, both dead, left heirs to wit (1) Lawrence Shelton, of the whole 1/7 of 1/17 of 1/10.(2) John Shelton of the whole 1/7 of 1/7 of1/10, (3) James Baxter Shelton of the whole 1/7 of 1/7 of 1/10, (5) E.V. Shelton of the whole 1/7 of 1/7 of 1/10, (6) Charles Melvin Shelton of the whole 1/7 of 1/7 of 1/10, (7) Ruth Shelton, who married Taylor Drake of the whole 1/7 of 1/7 of 1/10.(8) Jane Hale who married Jim Kelly both dead, their heirs 1/10 of the whole, their heirs are as follows:(a) Eulalia Kelley, married Jim Gray of the whole 1/9 of 1/10. (b) Jennice K. who married Jake Bryan, she dead he living, she left heirs: (1)Andrew Bryan of the whole 1/4 of 1/9 of 1/10. (2) Nellie married Jim Lehman, 1/4 of 1/19 of 1/10 (3) Alice Bryan married Jim Barnhill, of the whole 1/4 of 1/9 of 1/10 (4) James Bryan, a son of Jennice and Jake Bryan dead and left heirs (a) Iva Bryan, 1/2 of 1/4 of 1/9 of 1/10 (b) Eugene Bryan 1/2 of 1/4 of 1/9 of 1/10."C" Dallas Kelly, a son of Jane Hale and Jim Kelly, left heirs who are entitled to 1/9 of 1/10 in the following proportion:(1) Bud Kelley 1/4 of 1/9 of 1/10 (2) Inez Kelly who married Walter Perdue, 1/4 of 1/9 of 1/10 (3) Pate Kelley, 1/4 of 1/9 of 1/10 (4) Minnie Kelley, 1/4 of 1/9 of 1/10 (D Annie Kelly married John McMackin (written McCrackin) of the whole 1/9 of 1/10 (E) Amanda Kelley married Bill Tidwell 1/9 of 1/10 (F) Emily Kelley married Jim McCrackin 1/9 of 1/10 (H) Martha Kelley 1/9 of 1/10 (i) Mary Kelley married Polk Johnson 1/9 of 1/10 (j) Tom Kelley dead 1/9 of 1/10 left heir who inherits his share to wit:Brinkley Kelley who is entitled to 1/9 of 1/10(9) Nannie Hale married Bill Tice she is dead, left heirs who are entitled to 1/10 of the whole.Bill Tice her husband living their heirs to wit: (a) Simon Tice 1/2 of 1/10(10) Georgetta Hale married R.J. (Bob) Grimes both dead their heirs 1/10 of the whole in the following proportion: (a) Allie Grimes married Jim Belew, 1/3 of 1/10 (b) Nora Grimes married Mal Willis dead left one heir a minor, Lena May Willis, this share is 1/3 of 1/10 (c) Andrew Grimes entitled to 1/3 of 1/10.I as Clerk further report that where the daughter interest appears and they are married, I set out the interest, but as to whether their husbands would heir instead of them, and in cases where their husbands are living, and the wife dead and children were born to them I set out the interestthey would inherit irrespective of the marital rights of their fathers to show the interest merely, but as to the questionof law as to would inherit in these particular instances I would ask adjudication of the Court.
Respectfully SubmittedThomas H. MeredithMay 17, 1909
And said report being seen and understood by the Court and there being no exceptions filed thereto, the same is confirmed and one of the purposes of said suit being for the construction of the will of Mrs. S.E. McLaren as well as for the sale of theland belonging to her said estate and under the will, the Court is of the opinion that said will does not vest the title of the real estate inthe Executor and does not amt to or work an equitable conversion of the landed estate into personalty as a fund, it is therefore considered and adjudged by the Court that the heirs of Mrs. S.E. McLaren under the provisions of the Will would take their pro rato parts of the proceeds of the funds to the exclusion of the husbands of the married women leaving heirs the said fund goes to the heirs and not the husband, except to the extent of courtesy rights and it is further adjudged and decreed by the Court that the little personal fund of $115.74 received by the C&M of this Court from the County Court go into the general fund and be likewise distributed, it appearing to the Court from said report who the heirs of the parties are of said estate and thier respective interest being set forth as a base of heir inheritance in said report, it is therefore adjudged that each of them inherit according to their respective interests as set out in the report and their rights are declared and decreed accordingly and that said fund now on hand and any future fund arising in the case be distributed to said parties according to their ratio of interest as expressed in said report, less any costs that have arisen or may hereafter arise in the case and it further appearing to the Court that there is now in the hands of the C&H funds which have heretofore been collecting amounting to $4087.90 but of this amt. the sum of $464.83 has been consumed in costs, commissions and attorneys fees in the proportion as set out in said report, and it further appearing to the Court that W.R.J. Hardwick, the purchaser at the sale of the land has paid certain of the heirs certain amts. as shown by transfer and receipts as filed in the record to which reference is had said receipts and transfers of parties and amounts of same and dates to wit:G.A. Hale received $200.00 August 4th 1908 from W.R.J. Hardwick, but in this receipt and transfer it is stated as one half of one share when as matter of fact it is one third of one share that the said G.A. Hale is entitled to receive, also on the 20th day of June 1908 the following parties transferred their entire interests in said estate personal and real to said W.R.J. Hardwick to wit:W.A. Rhodes and wife M.A. Rhodes, D.A. Liles and wife M.E. Liles, P.A. Belew by T.D. Vaughn, Power of Attorney.W.L. Willis and wife B E Willis, said Rhodes and wife and Liles and wife being each entitled to 1/5 of 1/10 of the whole and W.L. Willis and wife 1/4 of 1/10 of the whole and P.A. Belew 1/3 of 1/10 of the whole but the amount is not stated in the transfer.Also Jan'y 28th 1908 S.P. Tice executed to W.R.J. Hardwick a paper for the sum of $247.50 on his interest in said estate.Also on Feb. 18th 1908, J.A. Liles and wife M.L. Liles certify that they above sold their entire interest to the said Hartwick a paper for the sum of $247.50 on his interest in said estate.Also on Jany. 16, 1908, O.O. Bryan makes said W.R.J. Hardwick his Power of Attorney to collect his fund, etc.On June 20, 1908, T.D. Vaughn executes his note to Hardwick for $100.00 with interest from date and expresses in the note that is part payment in the S.E. McLaren Estate.On June 20th 1908 T.D. Vaughn Power of Atty of Mrs. J.L. McLaren received of said Harwick the sum of Five Hundred Dollars which was to draw interest from date rec'd $500.00 pd. on his share, which said amounts advanced as interest by said Hardwick as between the parties receiving saidadvancements and said Hardwick where interest is expressed shall draw interest as expressed and shall draw interest, parties agreeing thereto if not so expressed, but said advancements in no way affect the interest of the other heirs and devises of said estate and in the event that said Hardwick on any of said advancements has paid more to the party to whom an advancement is made than the party or parties may be entitled to, the said Hardwick shall not be entitled to credit for the excess so paid as a payment of purchase money against the other heirs and devisee, but shall pay their pro rato in as full and complete manner as if the advancements had never been made by him and it is further adjudged and decreed by the Court that in making the distribution of the fund now on hand no regard shall be had to these advancements that will in any way prejudice the rights of the other devisee and heirs but each shall be entitled to his full pro rato a tho no such advancements had been made or charged to those receiving them as so may cash paid on their interests in teh funds of the estates the same being hereby adjudged and decreed to be such payment and it being made known to the Court and appearing from said report that the Guardian Ad Litem, L.B. White, has rec'd the sum of $25.00 as fees for his services and it satisfactorily appearing to the Court that an additional sum of $25.00 would be reasonable for said services the Court is pleased to allow L.B. White said additional sum of $25.00 but said sum is full and complete payment for services rendered by him or which he may hereafter be required to render in this case and the C&M is directed to pay the said sum of $25.00 to said L.B. White, taking his receipt therefore for said sum to be paid out of the general fund and as said report shows that the C&M has collected in cash the sum of $4087.90 and has paid out the sum of $464.83 costs com. etc. to which add the $25.00 hereby allowed the G.A.L. making the sum paid out $489.83 leaving a balance to be distributed of $3578.07 less the costs accrued not including in that cost which has been paid which amt. the C&M will determine from his record in the case and deduct in order to fix the net sum now for distribution and it is further adjudged and decreed by the Court that in the distribution of said funds now in the C&M's hands or which may hereafter be collected by him that the same in the case of married women who are living and when husbands are living, joint receipts acknowledged before a Notary Public or before him of both will be taken for said fund and in making other distributions when the parties are sui juris the C&M will take receipts for the same and in case of the minors their fund will be retained until further orders of the Court and in the case of resident minors their pro rato part will be paid to the regular Guardian if any they have same is shown by proper exhibited letters of guardianship filed and in case the unpaid purchase money shall be paid in the Court before the next term, the same shall be distributed as herein ordered, all adjudicated questions are reserved, all of which is so adjudged and decreed by the Court.Ordered that Court adjourn until 8 o'clock tomorrow moving.
S/Walter J. Bearden