Source: Jackson County Chancery/Circuit Loose Records
Available: Tennessee State Library & Archives and Tennessee Technological University Library
State of Tennessee
In the matter of application of Lucinda Jones widow of James Jones decd for the assignment of Homestead & dower. We the undersigned Surveyor & Commissioners being duly sworn respectfully apart to the honorable county court of said county and state that we went upon the premises of the late James Jones deceased in the eleventh civil district of said county and state do heriby [sic] set apart and assign as homestead of the value of one Thousand dollars lot no one containing Fifty acres more or less - including now six house and out buildings - lying on both sides of the branch - This part valued at Four hundred dollars - to which add lot no- 2 - valued at $600.00 - all that body of land lying on the right hand side of the branch - coming down the hollow belonging to the James Jones estate estimated at 80 acres.
Then as dower one third in value of lot no 3 where Wade Jones now lives -to wit Said dower beginning on a buck with a crop mark on it - standing near the branch - running thence up the hill a South eastward direction to the top of the ridge and with the center of the ridge till it intersects the line of lot no one assigned as Homestead or a part thereof - This lot being on the left hand side of the branch coming down the same - Two thirds of lot no 3 lies in the hollow and cove above Wade Jone's and includes the dwelling & out buildings where the said Wade Jones now lives which is all of the James Jones farm not covered by said Homestead & dower herein assigned to said widow.
We further state to the court that the parties were not able to furnish any title papers to said land and we found it impracticable [sic] to make an accurate survey of the land as the adjacent land owners had not been notified to be present with their title papers - we simply went upon the said lands and looked over there carefully and as our host judgement made the foregoing assignments - which we respectfully submit to the honorable court:
Bill of Cash J. M. Morgan Surveyor
J.M. Morgan 3.00 Commissioner
J.M Johnson 1.00 J.M. Johnson Comm
B.J. Franklin 1.00 B.J. Franklin Comm
The James Jones land lying in the 11th civil district as shown to the commissioners who made the foregoing assignment of homestead & dower by Wade Jones - Dock Jones & Reece Jones - Sons of the deceased James Jones & his widow the applicant -
Said James Jones land is bounded on the East by Reece Jones & Thomas Hennessee by Geo Darwin on the South & West and by Tom Draper on tha [sic] North - This is added to the assignment of Homestead & Dower as sharing the general boundaries of the James Jones land -
State of Tennessee, Jackson County
County Court Nov Term, 1903
OREDERED BY THE COURT, That W.A. Jones M. D. Haile & Thomas Henecy be and they are hereby appointed Commissioners who being duly sworn to act impartially, shall set apart to Lucinda Jones widow of James Jones deceased, as much of the crop, stock, provisions and money on hand or due, or other assets as may be necessary for the support of said widow and her family until the expiration of one year after the decease of her said husband and report to the next Term of this Court.
A copy --- Attest: J. H. Chaffin Clerk
By _______________________ D.C.
You and each of you do swear that you will impartially set apart to Lucinda Jones the widow of Jos. Jones deceased, such part of the crop and provisions and money on hand or due, or other assets as may be necessary for the support of her and her family until the expiration of one year from the death of her said husband, to the best of your knowledge and belief, so help you God.
Sworn to and subscribed before me on the } M. D. Haile
18th day of Jan 1904 } W. A. Jones
F. Richmond, J.P. } T. W. Hennessee
We the undersigned householders, after being duly sworn, have proceeded to set apart to Lucinda Jones widow of James Jones deceased so much of the crop and provisions and money on hand, or other assets as may be sufficient in our opinion, to support her and her family one year from the death of her said husband. We set apart to her, for said purpose, the following articles, to-wit:
Two Land notes on Jim Wheeler to the amount of One hundred & twenty five dollars. And what corn she has on hand above the exemptions.
M. D. Haile
W. A. Jones } Commissioners
State of Tennessee, Jackson County
The death of James Jones having been suggested & proven and application having been made to me as chairman of the County Court of Jackson County by Lucind Jones widow of the said James Jones deceased to have Home stead and dower laid off and set a part to her out of the real estate of James Jones her deceased husband: Had it appearing that James Jones was dead that Lucinda Jones was his widow and was entitled to homestead & dower out of real estate of her said deceased husband that notice of said application having given to the adult heirs of the said James Jones deceased as required by law. It is therefore order that the said Lucinda Jones have Homestead & dower laid off & set a part to her out of the real estate of the said James Jones deceased her deceased husband that two disinterested householders together with the county surveyor to wit Marion Johnson BJ Franklin & WC Jackson County surveyor be & an hereby appointed by me as chairman of the county court as commissioned to go upon the land & real estate of the said James Jones deceased on a day in the near future to be fix by said commissioners and after having been sworn to act honestly & impartially - lay off & set a part to the said Lucinda Jones widow of the said James Jones deceased one thousand dollars worth of said real estate as have stant? & one third in value of the rest & residence[?] of said real estate as dower & ?? part to me as chairman of the court of this acts on application of Lucinda Jones widow of James Jones deceased it is ordered that three House holders be appointed as commissioners to lay out & set apart a years suport [sic] for said Lucinda Jones out of personal property of the said James Jones deceased & the following are hereby appointed as such commissioners to wit W.A. Jones M.D. Haile Thomas Chessney
To Wade Jones you are hereby Notified that on the first Monday in November 1903 as the office of the County Court Clerk of Jackson County Tenn I will make application to the chairman of the County Court of said County to have Homestead & Dower laid off out of the real estate of James Jones deceased my deceased Husband this - Oct 24th 1903
By S.M. Tinsley Atty
To C.A. Jones & her husband F. M. Jones Dock Jones Reece Jones Wade Jones Nettie Spurlock & her husband Jonce Spurlock - Sid Tom Jones Janie Jones Will Jones Manial Jones Milton Jones Claud Dow Jones Earnie Jim Jones Magie Jones Etta Bishop & her husband ____ Bishop Bickie Allen & her Husband James Allen Alice Allen & her Husband John Allen & Marion Allen you are hereby notified that on the first Monday in November 1903 at the office of the County Court Clerk in the Town of Gainsboro Jackson County County Tenn I will make application to the Chairman of the County Court of Jackson County Tenn to have homestead & dower laid off out of the real estate of James Jones deceased this Oct 21, 1903
By SM Tinsley
The widow copy & acknowledge service of the within notice:
It appearing to the court that WS Jackson the county surveyor is related to Lucinda Jones it is there fore ordered by me TM Gailbreath Chairman of County Court that JM Morgan a competant surveyor fore? holder & not related to Lucinda Jones or the heirs of James Jones deceased be appointed instead of WS Jackson to go upon the lands of James Jones deced tage? then with BJ Franklin and Marion Johnson and lay out to Lucinda Jones widow of James Jones home stead & dower out of the lands of James Jones deceased as the law directs & report to TM Gailbreath Chairman of the County Court of Jackson County Tenn of their acts in this premises.
To the Hon DL Lansdon chancelor foundry? at Gainesboro Tenn
The answer of MJ Dixon guardian adlitin of Maggie Montgomery, S.T. Jones, Jane Jones Will Jones, Milton Jones, Janie Jones, Marion Allen, Thomas Jones, Maggie Jones, Claudy Jones, M. W. Jones to the Bill of complaint filed against them and others in your Honorable court by Wade Jones on the 14th day of Nov 1903. assivry? says They admit they are all minors and have no general guardian and that the lands are correctly set out in the Bill, and that it would be manifintly? to the interest of all concerned to have said land sold for distribution of procedes. Hower?, and such parts of the bill as they are ordered is material thing state that they are all minors and ask you how to protect their interest, How they pray the dismissed with reason of the court
M. J. Dixon guardian, atternye
State of Tenn Jackson County,
Personally appeared before me the undersigned MJ Dixon guardian adlition and make oath in due form that the above answer is true to the best of His knowledge and relief.
MJ Dixon guardian atty
Sworn to & subscribed before me July 2nd 1904
M. M. Gailbreath C&M
Joint & separate answer of Dock Jones Etta Bishop - and her husband ____ Bishop & Rebeca Allen & her husband James Allen & Alice Allen & her husband John Allen to the bill of complaint filed against them & others in your Honors Court by Wade Jones on the 14 day Nov 1903. Answering says they admit that James Jones died intestate in Jackson County on or about the time as set out in the bill and at the time of his death he was the owner in fee & seized & possessed of the land described in the bill.
They admit that complaintant Wade Jones & defendants as set out in the bill are the heirs at law of James Jones deceased & that each of their shares are correctly set out in the bill they admit the title papers to said land have been destroyed & the list to have said land surveyed they admit that the homestead lad off to Lucinda Jones widow of James Jones deceased is worth about one thousand dollars. They state & so charge that the dower laid off to Lucinda Jones wido & this list of the land as described in the bill is worth a great deal more than stated in the bill they admit that the land is only for for farming purposes & not susceptable of advantageous partitions in kind among those entitled to share there in.
They admit that the minors are correctly set out in the bill & without general gaurdian. Now having fully admitted they pray to be he[?] with cost.
Sol for Defts
To the Honorable D.L. Lansden Chancellor holding the chancery court at Gainsboro Tennessee.
The bill of complaint of Wade Jones a citizen of Jackson County Tennessee
= Against =
Rece Jones, Dock Jones, Cathrine Jones her husband Marion Jones, Nettie Spurlock and her husband Johnson Spurlock adults of Jackson County Tennessee except Marion Jones & wife of Putnam Co, Tennessee and Jane Jones, Sydney T. Jones Will Jones Claudy Jones, Milton Jones and James Jones, and M. W. Jones. The last seven are minors & all citizens of Jackson County Tennessee & are the children of heirs at law of John Jones decd.
Thomas Jones & Maggie Jones also minors & citizens of Jackson County Tenn.
And Marion Allen a citizen of Putnam County, Tenn, & also a minor. Maggie Montgomery & her husband Nathan Montgomery of the state of Texas; Josie Gipson & her husband Sam Gipson citizens of the state of Arkansas Etta Bishop and her husband _____ Bishop citzens [sic] of Putnam County, Tenn Rebecca Allen and her husband James Allen citzens of Clay County Tennessee.
Allice Allen & her husband John Allen citizens of Jackson County Tennessee
Complainant respectfully show to the court,
That James Jones died intestate in Jackson County Tennessee in May 1903, seized and possessed of the following described boundary of land, to wit,
The home tract lies in the 11th Civil District of Jackson County on Shakerag Branch and bounded on the North by John Jones & E. A. Brown, on the East by Rece Jones & Tom Henesey, on the south by lands of Brown or Gipson on the west by lands of John Jones, heirs, being same on which James Jones lived at the time of his death, and had lived, held and occupied for a period of more than forty years, containing 50 acres.
Also one other tract bounded on the East by John Jones land, on the south by the land on which Wade Jones now lives, and on the west by land of G. C. Darwin Sr. and North by W. J. Reeves tract, & Robert Prewith & J. Draper, containing about 80 acres, The above two tracts have been assigned to the widow Lucinda Jones as homestead
Also one other tract bounded on the East by the lands of John Jones heirs, on the south by G.C, Darwin Sr. & West by G.C. Darwin Sr, & North by the above described 80 acre tract, contains 50 acres mor [sic] or less, out of this tract the dower has been assigned to the widow Lucinda Jones by a proceeding in the county court of Jackson County Tennessee, in which procetony? of the homestead as above recorded has also been assigned the Dowery as reported by the commissioners is bounded as follows, Beginning on a beech with a cross mark on it standing near the branch, thence up the hill a sourth east direction to the top of the ridgemill it intersects the line of lot no. 1 assigned as part of the homestead; This lot being on the south side of the branch.
The said James Jones decd had the following lawful children, being ten in all, which gives to each heir or child of James Jones one tenth part of said land, and to each set of children of deceased sons or daughters of James Jones decd, one tenth part of said land, and own it as follows,
- Complainant Wade Jones owns & is entitled to one tenth, defendant Rece Jones one tenth.
- Dock Jones one tenth
- Catharine Jones one tenth,
- Maggie Montgomery, a minor & only child of Elijah Jones a deceased son of James Jones one tenth.
- Marion Allen, only son & minor of Fannie Allen decd daughter of James Jones one tenth.
- Nettie Spurlock one tenth.
- Thomas Jones & Maggie Jones, minors & children of Julia Jones a deceased daughter of James Jones deceased, one tenth between them being one twentieth to each.
- John Jones a son of James Jones deceased is dead & left Sidney T. Jones Jane Jones Will Jones M. W. Jones,
- Claudy Jones Milton Jones and James Jones, entitled to one tenth between them being one seventieth each.
- Peggy Mahaney a deceased daughter of James Jones, left the following children who are entitled to one tenth to be divided among them to wit, Josie Gipson, Etta Bishop, Rebecca Allen & Allice Allen one fortieth each.
Complainant states that title papers of James Jones decd, are lost or destroyed and cannot now be produced but that the boundaries are reasonably certain and ascertainable that the same has been owned held and controlled by James Jones for near fifty years. but that under the circumstances he thinks it will be to the interest of all parties that said land be surveyed and boundaries accurately defined.
The land outside of the homestead & Dower is worth about two hundred and fifty dollars, The homestead is very well worth one thousand dollars, The dower is worth about one hundred and twenty-five dollars, making the whole worth about $1,400 –
It is fit only for farming purposes, is not near any town, Rail Road or navigable stream & is rough hill side land, in the main.
Maggie Montgomery S.T. Jones Jane Jones Will Jones. Claudy Jones, M. W. Jones Milton Jones James Jones, Marion Allen Thomas Jones Maggie Jones are all miniors [sic] & have no general guardian.
Complainant charges that said land is not susceptable of beneficial partition in kind among those entitled to share therein. That it is more fully to the best interest of all the parties that the source be sold for distribution of proceeds. -
The premises considered.
That all those named as defendants in the caption be made such by service of process on the residents & by publication as to the nonresidents and that they all be required to answer this bill.
That a guardian adlitum be appointed for the minor defendants to make defence for them.
That the rights of the parties to said land be settled and declared by decree of this court, and that the said tracts of land be sold and proceeds be divided among the parties in accordance with their respective rights and to this end that all necessary references to the master lee had. That the same be sold subject to the homestead & dower rights of the widow, for survey.
And complainant prays for general relief.
L. M. Gailbreath & J. Anderson sols for complainant
State of Tennessee
____ makes oath that the allegations & statements in the forgoing bill are true to the best of his knowledge information and belief sworn before me this
Nov. 14, 1903.
W. M. Gailbreath C. M.
W. W. Jones (his mark)