McNew family scenario

Chancery Court Minutes: Greene. Court Minutes 1839–1848

Page 373

George W Hays Administrator of vs The Heirs at Law of William McNew decd June Term 1848 - Wednesday 21st The Petition of George W Hays Administrator of the Estate of William McNew decd was pre sented by R A Crawford Esqr his Attorney and is in the words and figures following , to wit

To the Honorable J W Lucky , one of the Circuit Judges now sitting for the County of Greene and State of Tennessee , at the Court House in Greenville The Petition of George W Hays Administrator of the Estate of William McNew decd , sheweth unto your Honor , that his intestate , the said William McNew departed this life on the day of February 1848 , in the County of Greene and State of Tennessee , not having published any last Will and Testament -- Your petitioner sheweth unto your Honor , that he was duly appointed Administrator of the Estate of the said William McNew decd , by the County Court of Greene County at the March Term 1848 , and took upon himself the duties of the office of administrator of the Estate aforesaid -

Your petitioner further showeth unto your Honor that the said William McNew decd at the time of his death , died seized and possessed of a small amount of both personal and real Estate and all of the personal Estate that have come into the hands of your petitioner have been expended in the payment of the debts of the intestate , and there are still debts yet remaining unpaid against said estate and there is no personal assets in the hands of your Petitioner to satisfy said claims , the claims that are remaining unpaid are about forty or fifty dollars , that your petitioner yet knows of . The real Estate the intestate died seized of , is a tract of land containing about fifty acres laying and being in the County of Greene & State aforesaid , adjoining the lands of Samuel Snapp , Charles Lorett , White Morgan and perhaps

Page 574

Sarah Barns . Your petitioner would further shew unto your Honor that the said intestate died leaving no widow or issue , but only brothers & sisters as his his heirs at Law - to wit , George McNew,

Ned McNew decd, who left a widow [Mary] & children , viz , name of widow not known , Susanah [1797], who intermarried with Jonathan Nowell , James McNew [1801-1810], Shadrach McNew [aft. 1801], Nancy McNew [1799-1805], George [1807] & Jerry McNew ,

Elija McNew [1770s] decd , left widow and children - name of widow not known -

Mary [bef. 1800] who intermarried with Charles Williams, Kezia [est. 1802], who intermarried with [John] Smith , Elizabeth Hannah who intermarried with -- Bartley & Elija McNew , George McNew , Lydia McNew [est. 1775], who intermarried with [David] Hufstudler , now Lydia Hufstudler , Mary Foster [est. 1774] formerly Mary McNew, Patsey Johnson [bef. 1778] formerly Patsey McNew , Sarah Hays [1790] , formerly Sarah McNew , Charity Renolds , formerly Charity McNew On the final hearing Your petitioner prays your Honor that said lands may be ordered to be sold by a decree of your Honor , or so much thereof as will satisfy and pay the debts of his intestate , including the Counsel fees & the costs of this proceeding , and that the said heirs at Law , be made parties defendant to this Petition , viz , George McNew , whose residence is unknown ,

The Heirs of Ned McNew decd - Viz , Susanah Nowels [1797] Jonathan Nowell, Shadrach McNew, who resides in Greene County, Tenn , James McNew , who resides in Buncomb County N. C. -- Nancy McNew , residence not known , George McNew who resides in - County Indiana , Jesse McNew , Residence unknown -

The Heirs of Elijah McNew , viz , ( Mary [bef. 1800] & Charles Williams ) Kezia Smith [est. 1802] & his husband [John] Smith, Hannah Bartley & her husband - Bartley , Residence unknown , Lydia Hundler [est. 1775], residence unknown , Mary Foster[est. 1774] & husband Foster residence unknown , Patsey Johnson [bef. 1778] & husband [John] Johnson , residence not known , Sarah Hays [1790] and Charity Reynolds , who reside in Greene County Ten . And if in anything he has mistaken his remedy , he prays that your Honor will grant him such other and further relief as the nature of his case may require , and that process and subpoena may issue , and that publication as to those whose residence is not known , may be made under the rules and regulations of like Chancery proceedings - Crawford Atto Thereupon it is ordered that said petition be filed , and lie over for further hearing . And that George McNew - Susannah Knowles and Jonathan Knowles , Shadrick McNew , James McNew , Nancy McNew , George McNew and Jerry McNew - Heirs of Ned New decd -- Mary Williams and Charles Williams, Keziah Smith and husband - Smith Bartley , Hannah

Page 575

--- and husband - Bartley , Lydia Hufstuddler , Mary Foster and husband Foster - Patsy Johnson and husband - Johnson Hays , Sarah and Charity Reynolds , Heirs of Elijah McNew decd , be made defendants thereto , that process issue and publication be made as prayed for & October Term 1848 - Thursday 12th . This Cause coming on to be heard on this 11th day of October 1848 , before the Honorable Seth J W Lucky Judge & c upon the petition of the Administrator of the said intestate , and it appears ing to the satisfaction of the Court that notice having been served upon George McNew , and the Guardian ad litem having waived serving of notice , and publication as to the other heirs having been previously made , and the Honorable Court is pleased to order , adjudge and decree that the Clerk take an account , and that he report upon the amount of the assets that have come into the hands of the Administrator and of the debts that are still remaining unpaid and outstanding against the Estate , and for the payment of which there are no assets in the hands of the Administrator & c - February Term 1849 Tuesday 13 -- On motion of the petitioner by his Attorney , the order made in this cause at the last Term , directing an account , is revived . In the Circuit Court of Greene County George W Hays Admr of William McNew decd vs George McNew & others , Heirs at Law of William McNew decd This cause coming on to be heard on this 11th day of October 1848 before the Honorable Seth J W Lucky Judge & c upon the petition of the Administrator of the said intestate , And it appearing to the satisfaction of the Court that notice having been served upon P George McNew , and the Guardian ad litem , having waived service of notice , and publication as to the other Heirs , having been previously made - and the Honorable Court is pleased to order adjudge and decree that the Clerk take an account and that he report upon the amount of the assets that have come into the hands of the Administrator , and of the debts that are still remaining unpaid and outstanding against the Estate , and for the payment of which there are no assets in the hands of the Administrator & c -- In obedience to the foregoing interlocutory order the Clerk begs leave to report . That the personal property belonging to the Estate of the said William McNew decd , sold by the Administrator on 18 day of March 1848 on 12 months credit amounted to the sum of $ 44.46 The Clerk further begs leave to report that the aministrator of the said William McNewdee , states that there came to his hands as administrator a Note of hand executed by Charles Williams to William McNew on 25th December 1830 due 3 months after date , for the sum of $ 12.25 , which he states cannot be collected , the said Williams having long since left

576 the County and his residence unknown leave to report the following as a statement of the claims due from the Estate of William McNew decd tourt , Note of hand in favor of Josiah Harrison due 4th December 1845 Interest on same from 4th December 1845 to 1 June 1849 4.64 Note of hand in favor of Wiley Kelly due - Decr 1847 98 5.62 Interest on same from say 15th Decr 1847 to 11 June 1849 3.00 Note of hand in favor of Mason A Jones , due 19 " October 1847 27 3.27 Interest on same from 19th October 1847 to 11 June 1849 5.40 4 Note of hand in favor of James McNew , due 9th Jany 1844 53 5.93 Interest on same from 9 Jany 1844 to 11 June 1849 45.75 14.88 60.63 Note of hand in favor of Robert A Crawford due 11th June 1849. 12 . 50 12.50 Proven account in favor of John Ruble for funeral expenses Proven account in favor of B J Barnes 5.00 5.00 8 Claim in favor of Eli lamb for crying sale 2.00 Amt forwd 9 Proven account in favor 10 = 50 Amt Brot forwd $ 95.45 of Jonathan Noales $ 9545 " Dr S Doak 9.00 11 3.00 12 " D Kennedy & 1.00 " Wyley Kelley Claim in favor of George W Foute for fees in Office 4.29 Total amount of claims yet remaining due from the Estate of William McNew decd - 5.75 Recapitulation $ 118.49 Total amount of claims yet remaining due from the Estate of William McNaw dec 18 , 49 Amount of sale of personal property sold by the Admr on the 18 March 1848 on 12 months Credit Deficit of assets to pay debts 446 --- $ 74.03 The Clerk further begs leave to report that in the foregoing account he has not embraced any claim in favor of the administrator for his services in this case , nor has he embraced the costs of this suit , because it is impossible at present to tell what would be a reasonable compensation to said Admr or to tell what the precise costs of this suit will be - All of which is respectfully submitted . June 12th 1849 - Sevier Clerk - By Depy D Sevier June Term 1849 Wednesday 13th This cause coming on to be further heard and determined on this 13th day of June 1849 , before the Honorable Seth J W Lucky , Judge & c upon the order and interlocutory decree , made at a former Term of this Court , and the Clerk having made report , which being unexcepted to , is in all things therein confirmed . And it appearing from the report of the Clerk . that the personal estate of the said intestate in the petition mentioned , sold for the sum of $ 44.46 - and that the debts due and owing from and outstanding against said estate , amount to the sum of $ 18.49 , which leaves a balance against -

Page 577

the said Estate remaining unpaid of $ 73.03 , aside from the costs of this proceeding , and the allowance to the Administrator for his services & c , and which there are no assets in the hands of the Administrator to satisfy the said debts of $ 73.03 , as aforesaid - The Honorable Court is therefore pleased to order , adjudge and decree , that the land in the Petition mentioned be sold upon a credit of six months by the said Administrators , after giving forty days previous notice at three public places in the County where said land lies - and the purchaser giving bond and security for the purchase money and a lien intained upon the land by the said administrator until the purchase money be paid - And that he report to the next Term of the Court what he has done & c - October Term 1849 - Thursday 11th This cause coming on to be further heard and determined , on this the 11th day of October 1849 , before the Honorable Robert M Anderson Judge & c , upon the order and decree of the last term of this Honorable Court , and the report of the administrator made in pursuance thereto , which Report not being excepted to is in all things confirmed , and is in the words and figures following towit , George W Hays Admr of Wm McNew decd vs The Heirs at Law of the said W McNew decd ⎬ Report In obedience to the order and Decree at the June Term of the Circuit Court of Greene County 1849 . That he proceeded to sell the said tract of land in his petition mentioned , on the 1st Monday of August 1849 , at the Court House door in Greenville , at public out cry , having previously given the legal and required notice and Samuel Snapp being the highest , best and last bidder be came the purchaser of said land , for the sum of $ 1000 , and for which sum he executed his bond with Tho K Alexander his security -- payable six months after date , and that the said Samuel Snapp has since paid , satisfied and lifted his said bond , or note , before the same was due and payable - All of which is most respectfully smitted to this Hon Court George W Hays Admr of said Estate " which said tract of land is lying and being in Greene County , Denessee and District No 2nd and butted and bounded as follows Begining at a large Pine , thence south 160 poles to a stake , thence East 50 poles to Looney 's Corner , it being one half of the 100 acre Entry , granted by the State of Tennessee to the said William McNew , thence with said Looney 's line North 160 poles and thence West with Lovett 's line to the Begining - Containing 30 acres , more or less - The Honorable Court is therefore pleased to order , adjudge and decree , that all the right , title and --- interest , in and to the above described tract of land , be and the same is hereby divested out of the Heirs at Law and legal

Page 578

representatives of the said William McNew decd and that the same be and is hereby vested in Samuel Snapp , his Heirs and assigns forever - And the Honorable Court is further pleased to order , adjudge and decree that the Clerk of this Court certify a copy of this Decree to the Register of Greene County for registration and that the same be registered , and the Court is further pleased to order and direct that the Administrator pay all the costs of this proceeding out of the funds in his hands - We George W Hays and Samuel W Davis , bind ourselves to George McNew and others , Heirs at law of William McNew decd in the sum of two hundred dollars - But to be void on condition that the said George W Hays , as Administrator on the Estate of the said William McNew , will prosecute with effect his suit ( by petition ) commenced in the Circuit Court of Greene County Tennessee , against the said Heirs at law of the said William McNew - praying for the sale of the lands to pay the debts of the decedent , and pay and satisfy all such costs and damages as may be awarded against him by the Court aforesaid - Witness our hands and seals this 21st day of June 1848 - Test Sevier George W Hays {seal} Saml W Davis {seal}

1st gen	Shadrach McNew	Mary Clemons?




	George McNew 1765/70 - 1830s	Elijah McNew 1771/80 - 1830s


	Churchwell McNew (1797) Henry McNew (1801) Mary "Polly" Williams (1802) Elizabeth "Betsy" Lay (1810) Melissa Steel (1815)	Elijah McNew (1805) William McNew (1816) Sarah Deaton (1820 Dinah Stanfield (1820s) James McNew (1825)