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Use caution, this site contains many unproven facts
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George L. Gillespie, Guardian of Thomas Hankins, vs. Cornelius
Acord & others
Chancery Court of Roane County, Tennessee - 1856
To Chancellor Van Dyke Sitting at Kingston for the County of Roane. Humbly complaining
your Orator Geo. L. GILLESPIE shows to your Honor that at the June term of the county
court of Roane, upon the report of a Jury of good and lawful men by said court appointed
it appearing that one Thomas HANKINS of Roane County was a lunatic and wholely incapable
of attending to and managing his business or protecting his interests; whereupon
your orator was duly appointed Guardian for said HANKINS and as such was invested
with full power to act, giving Bond and Security as by law acquired All of which
will be fully shown by the records of said County Court at the trial of this cause,
if required. From the report of said Jury and from personal inquiry inspection and
knowledge, your orator finds that the present estate of the said Thomas HANKINS
consists of a comfortable farm with an ordinaiy stock of property usually appertaining
to such a farm. Your orator's said ward intermarried, as he is advised, with one
Rebbecca HILL about the year 1806 with whom he lived up to about the year 1840 when
his said wife departed this life - the fruits of which marriage were three children,
two of which died, one in early infancy; the other in youth being single and unmarried.
The only surviving child is Hannah C. ELLIS now a resident of Roane County. From
the time of the marriage of your orators ward to his first wife up to the date of
his said wife's death, your orators said ward had acquired a nice living or property
consisting of land negroes &c amounting in value to from six to Eight Thousand Dollars.
About the year 1842 your orator's said ward intermarried with one Anne MURRAY a
widow Lady with no property except a cow beds &c by whom he has had perhapse some
one or two children. Your Orator further shows that his ward's Second wife - the
said Anne MURRAY brought into the family, at the time(?) her marriage with your
orators ward - Five children by her former husband MURRAY dec'd - all of whom were
kindly treated and property provided for by your Orator's ward. About the year 1848
your orator's ward became seriously afflicted, originating perhaps in a severe burn
on his siade about that time from which he partially recovered with great difficulty;
and from that time up to the present his afflictions of body have been so great
as to destroy in a great measure the force and vigor of his mind disqualifying him
from controlling and managing his business, and the same was taken charge of managed
and controlled by his wife the said Anne and her sons John MURRAY, Franidin MURRAY
and Cornelius ACORD who intermarried with Betsy Ann MURRAY daughter of said Anne.
From information which he esteems as reliable, your Orator charges that that said
MURRAY and ACORD assisted a grossly fraudulent design have appropriated to their
own use and benefit and squandered of the said estate an amount equal to from Three
to Five Thousand Dollars & the negroes some five in number, as your orator is advised,
were procured by said parties to be sold and the proceeds expended, in a great misuse,
by them for fine clothes, ouffits when they married and in other ways, to your orator
not known It is true your orator's ward was prima facia an acting party to the sale
of said negroes and of land and other property sold; but said sales were made sorely
against his will or rather expressed wish, undue and coercive means being employed
to force his consent and action So your Orator charges that numerous and heavy(?)
receipts of money and other valuables of the estate of your Orator's ward were procured
by said MURRAYS and ACORD in bad faith with the designe of them to defeat the interests
of the Heirs apparent of your Orator's ward To accomplish which, said parties confined
and confederated together as your Orator charges. Inasmuch as the whole matter has
been prosecuted covetly by the parties so far as the publis is concerned, you Orator
cannot specify in any degree defintely the amounts received fraudently as above
stated or the injuries wrongly worked to said estate by said parties as aforesaid
This one time, however, can be definitely stated. About the 25th of April 1855 said
Cornelius ACORD induced your Orator's ward to give him (ACORD) on order to Gillespie
& Co. for ($450) Four Hundred and fifty Dollars which amount he received on said
order of moneys due said ward from Gillespie & Co. Your Orator is advised and so
charges that said ACORD obtained said order and money under and by a promise that,
with it, he would purchase your Orator's ward a negro woman of good quality &c.
And your Orator is advised said ACORD did buy(?) a negro woman and sent to your
Orator's ward but, as your orator charges said n[e]gro woman was blind or nearly
son and was quite old and absolutely worthless --so much so that no one is inclined
to keep her for her board and She is now as your orator is advised without a home
or master; and the said ACORD wholely refuses to refund the money or any part thereof
or to purchase a negro of value as he proposed to as aforesaid. Your orator believes
and charges that said parties as above stated have in such like manner operated
upon your Orator's ward until they have swept a greater portion of his estate away.
And as your orator believes; the rights of his ward cannot he secured and protected
without the aid of your Honor's court of Chancery. The premises considered, your
orator prays that said John MURRAY, Franklin MURRAY and Cornelius ACORD, who are
citizens of Roane County, he made parties defendant to this Bill and for that purpose
that all necessary process issue; and let them be required, respectively, to answer,
on their corporal oath the various charges and allegations of this Bill. Let them
each one specially state what amount he has received directly or indirectly of the
estate of said Thomas HANKINS whether the same has been in money or Real or personal
estate of any kind whatever. Your orator also prays that an account be stated and
taken to ascertain the value of advancements receipts or benefits accepted taken
or enjoyed by said Respts. from or of the estate of said Thomas HANKINS And on the
final hearing of this cause your Orator prays that Judgement in favor of said Thomas
HANKINS or his estate Judgement be decreed respectively or jointly, as may seem
most proper against said Respts. for whatever amount or amounts they may have received
or enjoyed of and from the estate of said Thomas HANKIS. And if your orator in this
his special prayer has in any wise mistaken he prays for such further and general
relief as the interests and equilties(?) of his said ward may demand.
N.A. PATTERSON Sol. for Compt.
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