Mr. Jonathan Kennon Thompson Smith of Jackson has published seven genealogical miscellanies for Henderson County. He wishes to share this information as widely as possible and has granted permission for these web pages to be created. We thank Mr. Smith for his generosity. Copyright, Jonathan K. T. Smith, 2001
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The chancery suit mentioned in this publication involved real estate devised by CHARLES PRICHARD of Carroll County, Tennessee, in his last will, to his son, JESSE PRICHARD who died unmarried.
The last will and testament of CHARLES PRICHARD is found in Carroll County Will Book B, pages 84-89:
I, CHARLES PRITCHARD OF THE COUNTY OF CARROLL AND STATE OF TENNESSEE DO MAKE AND PUBLISH THIS MY LAST WILL AND TESTAMENT HEREBY REVOKING ALL OTHER WILLS BY ME MADE HERETOFORE. ITEM, THE FIRST, I GIVE AND BEQUEATH TO MY BELOVED WIFE MARTHA THE USE OF ALL MY ESTATE BOTH REAL AND PERSONAL DURING HER NATURAL LIFE OR WIDOWHOOD AND AT HER DEATH TO THE FOLLOWING PERSONS. ITEM 2nd. I GIVE AND BEQUEATH TO MY DAUGHTER MOURNING E. PHILLIPS WIPE OF WILLIAM PHILLIPS TO HER SOLE AND SEPERATE USE FREE FROM THE CONTROL OR LIABILITY OF HER PRESENT OR FUTURE HUSBAND AND FOR THE TERM OF HER NATURAL LIFE THE FOLLOWING DESCRIBED ONE TRACT OF LAND SITUATE IN HENDERSON COUNTY CONTAINING ONE HUNDRED AND FORTY FIVE ACRES MORE OR LESS AND MORE PARTICULARLY DESCRIBED IN THE DEED FROM JAMES PEGRAM TO ME, ALSO THE WILLIS ADAMS TRACT SITUATE IN HENDERSON COUNTY, TENNESSEE CONTAINING ONE HUNDRED AND NINETEEN ACRES MORE OR LESS FOR MORE PARTICULAR DESCRIPTION, REFFERENCE IS MADE TO THE DEED FROM WILLIS ADAMS TO ME FOR THE SAME. I ALSO GIVE TO HER A PART OF MY TRACT OF LAND LYING BETWEEN THE PEGRAM AND BEN WILLIAMS TRACT SO AS TO TAKE A PART OF THE WILLIAMS TRACT AND THE LINE TO RUN WITH THE LANE AS FAR AS THE PEGRAM TRACT LINE GOES. ALSO ONE HUNDRED ACRES OF LAND IN HENDERSON COUNTY WHICH I PURCHASED ABOUT TWO YEARS SINCE AT A TAX SALE, TO HAVE AND TO HOLD TO THE SOLE AND SEPPERATE USE OF HER THE SAID MOURNING E. PHILLIPS THE ABOVE DESCRIBED LANDS TO VEST IN POSSESSION UPON THE DEATH OF MY SAID WIFE. UPON THE DEATH OF MY SAID DAUGHTER MOURNING E. PHILLIPS IT IS MY WILL THAT SAID LANDS BE EQUALLY DIVIDED AMONG HER CHILDREN TO HAVE AND TO HOLD TO THEM AND THEIR HEIRS FOREVER. ITEM 3rd. TO MY DAUGHTER SUSAN E. KEY I GIVE AND BEQUEATH THE FOLLOWING DESCRIBED LANDS FOR HER NATURAL LIFE TO HER SOLE AND SEPPERATE USE, MY HOUSE TRACT OF LAND IN CARROLL COUNTY AND MORE PARTICULARLY DESCRIBED IN THE DEED FROM ALEXANDER SMITH TO ME FOR THE SAME AND A TRACT OF ONE HUNDRED AND THREE ACRES WHICH I PURCHASED OF MY BROTHER JESSIE, SITUATE IN CARROLL COUNTY, TENNESSEE AND THAT PART OF THE BEN WILLIAMS TRACT NOT GIVEN MY DAUGHTER MRS. PHILLIPS WHICH IS SITUATE IN HENDERSON COUNTY, TENNESSEE. THE SAID BEQUEST ARE SUBJECT TO THE ESTATE GIVEN TO MY WIFE IN THE FIRST ITEM OF THIS WILL AND TO VEST IN POSSESSION IN THE SAID SUSAN UPON THE TERMINATION OF THE PARTICULAR ESTATE ABOVE REFERED AND TO BE USED AND ENJOYED BY HER TO HER SOLE AND SEPPERATE USE DURING HER NATURAL LIFE AND AT HER DEATH TO BE EQUALLY DIVIDED BETWEEN HER CHILDREN. ITEM, FOURTH. I GIVE TO MY DAUGHGTER JANE COX TO HER SOLE AND SEPPERATE USE FOR HER NATURAL LIFE TWO HUNDRED AND SEVENTY ACRES OF LAID WHERE SHE AND HER HUSBAND NOW RESIDE SITUATE IN CARROLL COUNTY, TENNESSEE NEAR SHAVER MILL TO VEST IN POSSESSION UPON THE TERMINATION OF THE PARTICULAR ESTATE GIVEN TO MY WIFE AND TO BE HELD AND ENJOYED BY THE SAID JANE COX TO HER SOLE AND SEPPERATE USE FOR AND DURING HER NATURAL LIFE, FREE FROM THE CONTROL AND LIABILITIES OF HER PRESENT OR FUTURE HUSBAND AND UPON HER DEATH TO BE EQUALLY DIVIDED AMONG HER CHILDREN EXCEPT ELIZA MITCHUM WHO I DESIRE MAY BE EECLUDED FROM THE ENJOYMENT OF ANY PART OF MY ESTATE. ITEM, FIFTH. TO BENJAMIN PRICHARD I GIVE AND BEQUEATH THE FOLLOWING DESCRIBED TRACTS OF LAND, ONE HUNDRED AND SEVENTY ACRES KNOWN AS THE BRADFORD FARM AND A TRACT OF ONE HUNDRED AND FIVE ACRES FORMERLY OWNED BY JO GIST SITUATE ON THE LINE OF CARROLL AND HENDERSON COUNTIES SUBJECT TO THE PARTICULAR ESTATE GIVE TO MY WIFE. ITEM, 6TH. TO EACH OF MY GRANDCHILDREN, ELIZABETH ROSSER, JAMES S. PRICHARD AND MARY PRICHARD THE CHILDREN OF SOLOMON PRICHARD I GIVE ONE HUNDRED ACRES OF LAND OUT OF THE TRACT I PURCHASED OF JO TOLBERT TRUSTEE &C SITUATE IN HENDERSON COUNTY, TENNESSEE WHICH SAID BEQUEST IS SUBJECT TO THE PARTICULAR ESTATE GIVEN TO MY SAID WIFE AND THE ONE HUNDRED ACRES GIVE TO MY GRANDAUGHTER ELIZABETH ROSSER I GIVE TO HER SOLE AND SERPERATE USE. ITEM, SEVENTH. TO MY DAUGHTERS, MOURNING E. PHILLIPS WIFE OF WILLIAM PHILLIPS OF CARROLL COUNTY, TEN. AND SUSAN E. KEY I GIVE ONE THOUSAND DOLLARS EACH AT THE DEATH OF MY WIFE IF THERE SHOULD BE SO MUCH OF MY PERSONAL ESTATE REMAINING TO BE USED AND ENJOYED BY MY SAID DAUGHTERS RESPECTIVELY TO THEIR SOLE AND SEPPERATE USE. ITEM, EIGHTH. TO MY DAUGHTER JANE COX I GIVE FOUR HUNDRED DOLLARS IN CASH AT THE DEATH OF HER MOTHER PROVIDED THAT HER HUSBAND SHALL PAY TO ME OR MY EXECUTORS THE AMOUNT HE NOW OWE ME OTHERWISE THAT AMOUNT TO BE DEDUCTED FROM THIS LEGACY. |
(Page 78)
ITEM, NINTH. OUT OF MY TOLBERT TRACT OF LAND SITUATE IN HENDERSON COUNTY, TEN. AND WHICH CONTAINS FIVE HUNDRED ACRES, I GIVE TO MY SON JESSIE TWO HUNDRED ACRES SUBJECT TO THE BEQUEST TO MY WIFE WHICH SAID TWO HUNDRED ACRES IS TO BE LAID of AS FOLLOWS TO WIT. BEGINNING ON THE NORTH LINE OF SAID TRACT SAY ABOUT ONE HUNDRED YARDS FROM THE BRANCH WHICH RUNS THROUGH THE FIELD, TENCE TO THE BRANCH & THEN WITH ITS MEANDERS TO THE SOUTH BOUNDARY LINE OF SAID TRACT. THEN WEST WITH PETER PEARSON's LINE SO FAR AS MAY BE NECESSARY TO INCLUDE TWO HUNDRED ACRES BY RUNING DUE NORTH AND THIS LEGACY IS TO BE CHARGED WITH THE AMOUNT WHICH THE SAID JESSIE IS OWING ME AND IN DEFAULT OF LAWFUL CHILDREN AT HIS DEATH, THE SAID LANDS SHALL BE DIVIDED EQUALLY AMONG HIS BROTHERS AND SISTERS OR THEIR LEOAL REPRESENTATIVES EXCEPT THE CHILDREN OR LEGAL REPRESENTATIVES OF MY DECEASED DAUGHTER MARY WHO INTERMARRIED WITH NATHAN PEARSON AS IT IS MY WILL AND DESIRE THAT NEITHER HER HUSBAND OR ANY OF HER CHILDREN SHALL HAVE ANY PART OF MY ESTATE. AND WHEREAS MY SON BENJAMIN IS INDEBTED TO ME ABOUT THE SUM OF ONE THOUSAND DOLLARS IT IS MY WILL THAT THE REAL ESTATE BEQUEATHED TO HIM SHALL BE CHARGED WITH THE PAYMENT THEREOF AND IN CASE HE SHALL FAIL TO MAKE SAID PAYMENT BEFORE THE DEATH OF MY WIFE, THEN MY EXECUTOR OR EITHER OF THEM SHALL SELL ALL OF THE REAL ESTATE BEQUEATHED TO HIM MY SAID SON OR A SUFFICIENCY THEREOF TO PAY SAID DEBT UPON THE DEATH OF MY WIFE I DIRECT THAT ALL THE CASH LEGACIES BE PAID AS SOON AS POSSIBLE BY MY EXECUTORS AND THE BALLANCE OF MY PERSONAL ESTATE DISPOSED OF AS FOLLOWS, TO WIT. IF THE DEBT OWING BY MY SON BENJAMIN SHALL BE PAID I GIVE FOUR HUNDRED DOLLARS OF IT TO HIM. TWO HUNDRED DOLLARS TO ELIZABETH ROSSER TO HER SOLE AND SEPPERATE USE AND TWO HUNDRED DOLLARS TO JAMES PRICHARD THE SON OF SOLOMON PRICHARD AND TWO HUNDRED DOLLARS TO MY GRANDDAUGHTER MARY PRICHARD AND I HEREBY NOMINATE AND APPOINT BENJAMIN PRICHARD MY EXECUTOR. IN TESTIMONY WHEREOF I HAVE HEREUNTO SET MY HAND AND SEAL THIS FIFTH DAY OF MAY 1871. |
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CHARLES PRITCHARD |
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TEST |
I, CHARLES PRICHARD MAKE AND PUBLISH THIS AS A CODICIL TO MY LAST WILL AND TESTAMENT. I DESIRE THE ONE HUNDRED AND THIRTY FIVE ACRE TRACT OF LAND LYING WEST OF THE FARM WHERE I NOW RESIDE AND JOINING THE LANDS OF WILLIAM PEARSON AND CONVEYED TO ME BY RICHARD KEY WHICH DEED REFERD TO FOR A PARTICULAR DESCRIPTION OF SAID LAND, BE SOLD AS SOON AFTER THE DEATH OF MY WIFE AS MAY BE ON A CREDIT OF TWELVE MONTHS AND THE PROCEEDS TO BE EQUALLY DIVIDED BETWEEN MY THREE DAUGHTERS MOURNING E. PHILLIPS, SUSAN KEY AND MARTHA JANE COX TO E BE USED AND ENJOYED BY EACH OF THEM4 TO AND FOR THEIR SOLE AND SEPPERATE USE. TGE WORDS EACH OF THEM INTERLINED BEFORE SIGNING. |
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CHARLES PRICHARD |
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Test |
STATE OF TENNESSEE THE LAST WILL AND TESTAMENT OF CHARLES PRICHARD DECD. WAS PRODUCED IN OPEN COURT AND PROVEN BY THE OATHS OF ISAAC R HAWKINS AND S. W. HAWKINS THE TWO SUBSCRIBING WITNESSES AND SAID WILL WAS ORDERED TO BE RECOVERED OF WHICH THE FOREGOING IS A TRUE COPY. |
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W. H. EASON CLERK |
CHARLES PRICHARD's will was probated April 3, 1872 and BENJAMIN S. PRITCHARD was appointed executor. (Carroll County Minute Book 1872, page 7)
This family' s surname was interchangeably spelled PRICHARD and PRITCHARD, sometimes both ways used in a single document as in CHARLES PRICHARD's will. He seems to have preferred the PRICHARD spelling as he signed his will with that rendering. In the 1850, November 25, U.S. Census, Civil District 13, Carroll County, Tennessee, page 223, the PRICHARDS are listed: CHARLES, age 55, North Carolina; MARTHA, age 50, North Carolina; JESSE, age 21, North Carolina; CHARLES, age 18, North Carolina; BENJAMIN, age 15, Tenn.; MORNING E., age 15, Tenn.; SHERROD [SOLOMON?], age 10, Tenn.; SUSAN, age 8, Tenn.
Several members of this family are buried in the PRICHARD graveyard located on CHARLES PRICHARD's old homeplace in old Civil District 13 of Carroll County, a short distance north of the Carroll-Henderson counties line. To reach this burial ground drive from Highway 22 west on Rocky Springs Road to Cecil Walls Road, a distance of about 1.4 miles. From that point on the Walls Road drive about 2.5 miles northwest and turn north onto a dirt road over which drive about 1.5 mile to the graveyard which is located on a small rise. Cattle have been allowed to ruin the tombstones, all of which have been pushed over and several are broken, a despicable form of disrespect for the dead. The present writer copied the inscriptions on the most relevant 'stones here:
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CHARLES PRICHARD |
MARTHA PRICHARD |
J. W. (JESSE) PRICHARD |
ELIZA ANN |
BENJAMIN S. PRITCHARD |
CHARLES PRICHARD was an elder in the Primitive Baptist Church, probably tinged with his own particular religious bigotry that induced him to disown several members of his own family.
A genealogical insight into the PRICHARD/PRITCHARD family is provided in a biographical sketch of BENJAMIN S. PRITCHARD in Weston A. Goodspeed, HISTORY OF TENNESSEE (Carroll County), 1887, page 879:
Benjamin S. Pritchard, farmer and stock dealer of the Thirteenth District, was born in Carroll County in 1835, and is one of a family of ten children, only three of whom are living: Martha J. (Mrs. Henry Cox), B. S. and Susan (Mrs. Thomas L. Key). The father of our subject, Charles Pritchard, was born in Anson County, N.C., in 1797, and his father, Jesse Pritchard, immigrated from North Carolina to Carroll County in 1834, where he passed the remainder of his days. In about 1817 Charles was married to Martha Williams, and in 1833 came to Carroll County, where he settled and engaged in farming. He died March 4, 1872, and at that time was the owner of 3, 000 acres of land. The mother of Benjamin was also a native of North Carolina, born about 1800 and died in October, 1883. Our subject grew to manhood under the parental roof and received a common-school education. In February, 1860, he married Amanda Philips, and by this marriage had five children, two living: J. Homes and Sherad. After marriage Mr. Pritchard located in Henderson County, where he remained till 1882 and then removed to the farm on which he now resides. This consists of 323 acres of excellent land about three miles south of Clarksburg. He also owns 800 acres of land in other tracts, 325 of which is in Henderson County. He is one of the most extensive and enterprising farmers in the county. Mrs. Pritchard died January 7, 1874, and in November of the same year he married Lou Parker, who was born in Carroll County in 1833, and who is the daughter of J. C. and Elizabeth Parker. Previous to this, in April, 1864, Mr. Pritchard offered his services in defense of his country by enlisting under Capt. James Gooch and served under Gen. Forrest's command. He was at Harrisburg and Brice's Cross-roads, and returned home in August of the same year. He is a Democrat in politics; was formerly a Whig and cast his first vote for John Bell. He is a member of the I.O.O.F. and a liberal supporter of religion and charitable institutions. |
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(The claim in this sketch that CHARLES FRICHARD died the owner of 3000 acres is almost certainly incorrect, however honestly the claim may have been made. In the 1865 Federal direct tax of Civil District 14, Carroll County, page 46, he is given as owner of 800 acres valued at $6000.)
REFER TO CHANCERY COURT MINUTE BOOK 8, PAGES 297-298, B. S. PRITCHARD v HENRY COX AND OTHERS
Other works by Jonathan K. T. Smith can be found at the Madison County Records Repository at TNGenWeb.
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