Estate Settlement of Greenberry George McKenzie

Historical Document

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Estate Settlement of Greenberry George McKenzie

Sullivan County Tennessee

This article of agreement made and and entered into this 5th day of November in year of our Lord One thousand eight hundred and thirty eight between Jonas Wolfe and Elizabeth Wolfe, his wife; Elijah Winegar and Nancy B Winegar, his wife; Archibald Sandridge and Jane C Sandridge, his wife; Sally D McKenzie; Burgess I McKenzie; George W McKenzie; Greenberry G McKenzie, Jr.; William Leonard and Polly H Leonard, his wife; all heirs of Greenberry G McKenzie deceased of Sullivan County and the State of Tennessee of the one part and Thomas B McKenzie and John M McKenzie of the County and State aforesaid, both heirs of the said Greenberry G McKenzie deceased of the other part. Wittnesseth that whereas the said Greenberry G McKenzie deceased died without a will possessed of certain property consisting of stock a horse cattle hogs also household and kitchen furniture and farming utensils and four hundred pounds of iron more or less also of two due bills on John and James O'Brian calling each for three thousand pounds of Iron and one other due bill on John and James O'Brian calling for three thousand five hundred pounds of Iron and also of a claim in the Store of Daniel Rogan of Kingsport for forty dollars more or less and whereas the said Thomas B McKenzie, legal heir of the said Greenberry G McKenzie has lived with his father some fourteen years since he has been of legal age and has not received for services rendered during that time any more than what his the said, Thomas B McKenzies ordinary personal wants called for and Whereas the said Thomas B McKenzie and John M McKenzie both heirs of the said G G McKenzie deceased are in consideration of possessing jointly the Title to a small Tract of land where the widow of the said Greenberry G McKenzie now lives both bound as a condition of the validity of said Title for the comfortable support of the said widow during her natural life therefore in consideration of these facts the said, Jonas and Elizabeth Wolfe; Elijah and Nancy B Winegar his wife; Archibald Sandridge and Jane C his wife; Sally D McKenzie; Burgess I McKenzie; George W McKenzie; William Leonard and Polly H his wife and Greenberry G McKenzie all heirs of G G McKenzie deceased do hereby agree of their own free will and from a sense of justice to the said Thomas B McKenzie to relinquish in favor of the said Thomas B McKenzie and John M McKenzie all claims to all and every article of goods or property of any kind whatsoever of which the said G G McKenzie died possessed with the single exception of due bills on J & J O'Brian calling for eight thousand pounds of Iron and do hereby bind themselves their heirs or assigns hence foreward and forever to relinquish all claims right or title to any and every article of goods chattels or effects of which the said G G McKenzie died possessed with the single excption of due bills on J & J O'Brian calling for eight thousand pounds of Iron regarding the said Thomas B McKenzie and John M McKenzie as the sole proprietors in Law and Equity of all other articles of value whatsoever of which the said G G McKenzie died possessed and they the said Jonas Wolfe and Elizabeth his wife; Elijah Winegar and Nancy his wife; Archibald Sandridge and Janny his wife; Sally D McKenzie; Burgess I McKenzie; George W McKenzie; William Leonard and Polly H his wife; and Greenberry G McKenzie do authorize and empower the said Thomas B McKenzie to collect all claims which may be due or in any manner coming to the estate of the said Greenberry G Mckenzie deceased and to give receipts for the same in his own name when so collected which receipts shall be legal vouchers on the part of those who may hold them for the payments specified by them. And whereas the said Thomas B McKenzie now holds in his possession the due bills on J & J O'Brian which have been excepted in the above reliquishment he the said Thomas B McKenzie binds himself to deliver up said due bills whenever the individuals composing the other partys to this article shall agree among themselves what members of the party shall unite in receiving one due bill as the shares are less than the amount called for by each of the due bills and when he the said Thomas B McKenzie shall deliver up a due bill he shall take a receipt from the heirs thus applying which receipt shall be a legal voucher on his part for the payment of the claims of such heirs. Moreover what defects soever may be found in this article in a legal point of view the true intent and design thereof is to give to the said Thomas B McKenzie and John M McKenzie a legal title to all goods property or effects of what kind soever of which the said G G McKenzie deceased possessed with a single exception of due bills on J & J O'Brian to the amount of eight thousand pounds of Iron It is further the true intent and design of this article to authorize the said Thomas B McKenzie to settle up any and all business which the said G G McKenzie left unsettled so far as the payment of debts and the collection of dues is concerned, Provided however that if any claims against the estate aforesaid should arise of which the heirs, parties to this article, now know nothing and be established in a Legal manner all heirs embracing both parties shall bear an equal part in the payment of such claims so far as they have received value from said estate and further the law requireth not in Testimony of the agreement of the parties to the article they have assigned their names and affixed their seals in presence of :

Test:
Edward Kinkaid,
Justice of Peace
James M Bellamy
Thomas B Huffman
William R Bellamy
Jonas Wolfe
Elizabeth Wolfe
E Winingar
Nancy B Winingar
Burgess I McKenzie
Archibald Sandridge
Jane C Sandridge
Sally D McKenzie
Thomas B McKenzie
John M McKenzie
George W McKenzie
William Leonard
Polly H Leonard