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The Contested Will of |
Sumner County, TN
Ruler No 352
Charles Howard Adm
Copy Bill
Copy for Robert Richie
And Simpson Kennedy
Giles County
The bill of Complaint of Charles Howard admr of Eliza Howard decd filed
against John Perry Executor of William Kennedy decd in the Sumner Chancery
Court
Your Orater Charles Howard admr of Eliza Howard decd a citizen of the County
of Robertson would show your Honor that Wm Kenedy the father of his decd
Wife made a Will and departed this life many years ago which Will is here
exhibited marked No 1 and pray to be taken as faith of this Bill It will be
seen by the said William Kenedy devised to his Wife Prudence Kenedy during
his life the whole of his plantation being two tract, he purchased of James
Taylor and Ormand Allen lying in Mankins Creek in the County of Sumner and
like manner the household and kitchen furniture farming utensils and stock
of every kind or description during her natural life and the remainder title
thereof to her twelve children hereafter named And by said Will he directed
her Executor to Sell the said property on a credit of 12 months and divide
the proceeds thereof amongst her 12 children to wit Armstrong John Rebecca
Margarett Wm Daniel Elizabeth Evelina Alexander Rachel Simpson and Eliza
Kenedy and their heirs and assigns forever Armstrong E. Kennedy did not
qualify as Executor the said John Perry of Sumner County qualified and took
upon himself Executor of the said Will Complt would show your Honor that in
1840 he intermarried with the said legatee or Decree Eliza Kennedy in the
County of Sumner and that she departed this life August 1841 in the County
of Robertson and Complt has taken out letters of Administration on her
estate which is here exhibited to the Court marked No 2 as fact of this Bill
Complt would show your Honor that Prudence Kenedy the widow of Wm Kenedy
departed this life in the year 1840 and that the Executor John Perry under
the Will aforesaid proceeded and sold the said land devised as aforesaid for
the sum of $3100 which money was due in Oct 1841 as he is informed ____
that he has done with the other property devised Complt does not know but
called on the said Executor to amount and pay on to Complt his portion of
the sand sales. Complt would show your Honor that Elizabeth Kenedy and
Rebecca Kenedy many years ago departed this life without husband or issue
Armstrong Kenedy moved to Missouri married and left a widow and children
living but Complt does not know their names John Kenedy died leaving the
following children Emily Prior and Preston Kenedy Emily has intermarried
with John Burney of Robertson County Margarett intermarried with Jesse
Hackney of Maury Count that departed this life William Kenedy resides in
Illinois Daniel is dead lives the following children John Kennedy of Sumner
County and Eliza intermarried with Wesley Bruce of Sumner County Evalina
Kenedy has married Robt Richie and resides in Giles County Alexander resides
in Giles County Rachel has married Wm McMillon of Robertson Simpson Kennedy
lives in Giles County all of whom complainants pray may be made Defendants
to this Bill in conjunction with the said Executor John Perry and that ____
to ____ issue And by Decree of this Honb Court the said Executor John Perry
be Decreed to pay over to Complt adm as aforesaid his portion of said sales
of said land and other effects and property under the Will of the said Wm
Kenedy and give to Complt such other and difficult release as the nature of
the case shall require and your Honor shall deem ___
Js C Guild
Exhibit No 1
In the name of God amen I William Kennedy of the County of Sumner and State
of Tennessee at present weak and frail in body but of sound mind and memory
do hereby publish and ordain this my last Will and Testament in and from the
following (viz)
Imprimus It is my will and desire that my just debts and funeral charges
be paid punctually out of my estate
Item I give and bequeath to my loving wife Prudence Kennedy the
whole of my plantation that is to say, the tract of land I purchased of
James Taylor and the tract purchased of the heirs of Ormand Allen lying on
Mankins Creek with the rents and profits thereof with the household and
kitchen furniture, farming utensils and stock of every kind or description
during her natural life or widowhood excepting such as herein to be named.
Item I give and bequeath to my son Armstrong Kennedy his heirs and
assigns for ever my set of Blacksmith tools
Item I give and bequeath my son John Kennedy a certain bay mare to
him his heirs and assigns forever
Item I give and bequeath to my honored mother Mary Armstrong
during her natural life the cabin and the acres of land whereon she at
present lives.
Item It is my will and desire that at the death or marriage of my
wife Prudence that my said estate be sold at public sale at a credit of
twelve months with my Stock household and kitchen furniture farming utensils
and Cotton Gin and library and the amount arising from said sale to be
equally divided among my 12 children namely Armstrong John Rebecca Margarett
William Daniel Elisabeth Evalina Alexander Rachel Simpson and Elisa their
heirs and assigns forever and lastly I nominate and appoint my son Armstrong
W Kennedy and John Perry my Executors of this my last Will and Testament
hereby revoking all other former Wills in Witness where I have herewith set
my hand and seal this 20th day of Oct 1809 and the 34th Year of American
Independence.
Wm Kennedy
Signed Sealed Acknowledged in presence of John Turnin Saml Turnin Edwd Hagan
and Shadrack Nye
Exhibit No 2
State of Tennessee Robertson County March Session Whereas it appearing to
the Court here that Eliza Howard is dead having made no Will or Testament
and application being made by Charles Howard to have letters of
Administration granted to him on the Estate of said Eliza Howard decd he
having given Bond and Security as by law in such cases are required
Whereupon the Court Ordered that he have letters accordingly There are
therefore to authorize and empower you to said Charles Howard to enter into
and upon all and singular the Goods and Chattles rights and credits of the
said Eliza Howard decd and the same in your possession take wherever to be
found in this State and a live and ___ inventory thereupon to make and
return to our ensuing County Court on Oath and all the ____ of the intestate
pay as far as the said Estate will amount a ____ the ____ thereof deliver
to those who may have a right thereto by Law Herein ____ ____
Witness Joseph E Windfield Clerk of our said Court
at Office this 7th day of March 1842
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Submitted by Julie Coley
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