Court Case: Polly Gilbert & Richard Gilbert vs. Daniel Walker, Rhea County, TN 1831

29 March 1831: Enrolements, Rhea County Circuit Court: Polly Gilbert & Richard Gilbert vs. Daniel Walker Administrator of Charles Walker Deceased and Guardian of Polly Gilbert; Transcript filed in Office 29th March 1831.

Be it remembered that heretofore wit a a Court of pleas and Quarter Sessions opened and held for the County of Rhea at the Courthouse in Washington on the first Monday and first day of November in the year of our Lord one thousand eight hundred and thirty, Polly Gilbert and Richard Gilbert, bu their attorney filed their Petition for a distribution share of the estate of Charles Walker deceased which Petition is in the words and figures following, to wit; -

To the worshipful court of pleas and Quarter Sessions for the County of Rhea East Tennessee now in session. Your Petitioners Richard Gilbert and Polly Gilbert citizens of Sevier County and State of Tennessee, Humbly complaining represents to your worthips that heretofore to wit. at July County Court of Rhea County 1815, a certain Daniel Walker of the County of Rhea and State aforesaid was by the County Courts aforesaid appointed Administrator of the estate of Charles Walker deceased. The said Daniel at the same time & place was appointed Guardian of your Petitioner, Polly Gilbert, then a minor Heir of Charles Walker Deceased, aforesaid, and on the 27th January 1818, the said Daniel Walker returned into the County Court an inventory of the sales of the property of sd. Charles Walker Dec'd amounting to $332.26¾ and at November Court 1818 the County court aforesaid appointed Commissioners to settle with the said Walker his tanton? and their settlement was returned at the same court reference being had to documents marked B. and which Petitioners pray may be made a part of their Petition. It will appear that there was then in his hands, funds in the amount of $174, belonging to the said Polly, as heir of Sd. Charles Walker Dec'd after, paying the widow of sd. Charles Walker Dec'd her portion - Your Petitioner would further represent that about the month of February 1821 the said Walker drew from the pension agent at Nashville one hundred and fifty dollars pension money due the said Polly Gilbert as heir, of said Charles Walker Dec'd. for half pay from the Government of the United States, as will appear from Document marked C. which shall be produced to your Worships when called for on trial of this Cause. It is a Certificate that issued from the paymaster Generals Office Washington City on the 18th December 1817 & C. Your Petitioner would here state that from the settlement before referred to marked exhibit B. it appears that said Walker had also received $72, due Sd. Charles Walker for his wages as a soldier, in the U.States to all of which sums were in the hands of said Daniel, Guardian as aforesaid at the settlement aforesaid and to the sum of $150 which said Walker Guardian for the Sd. Polly as aforesaid due from the Government in 1821, were and did of right belong to the said Polly Gilbert as Heir of said Charles Walker, deceased - And which sums of money the said Walker Guardian as aforesaid ought to have paid over when called for by said Polly & Richard her Husband who intermarried according to law, in November 1829. The said Daniel these Petitioners admit paid over to Robert Shields, for the said Polly Gilbert in May 1829, $259.25 cts, and the said Daniel paid over to these petitioners in February 1830 Fifty Dollars and these Petitioners, did hope that the said Daniel would paid the balance of the money in his hands due the said Polly & Richard as in Equity and justice he was bound to do. but now so it is may it please Your Worships the sd. Daniel Guardian as as Aforesaid and refuses to pay the balance due Sd. Petitioners and sometimes denies that there is anything, due them & at other times admits a small balance, but refuses to pay and refuses to pay any interest on the money which he has used belonging to the said Polly & Richard Gilbert, all which actings and doings are contrary to Equity and good Conscience and tends to Securafs? and Appriss? Your Petitioners in the premises & C. Your Petitioners charge that there is due from the said Daniel Walker, Guardian as aforesaid the sum of $265 &83cts which as Guardian he ought to have paid them The Petitioners pray your worships for a distribution share of the intestates estate, what the said Daniel Walker, and his securities may be decreed to pay your petitioners the said sum of $265.83 cents due them from sd. Walker as Guardian of sd. Polly Gilbert and that said Daniel Walker and his confederates may be made parties to this Petition and treir? and perfect answers make, in the same manner as if they were again interrogated thereto, and that copies and subpoenas issue return able to next County Court according to Law, & C. and make such other and further relief, as your worships may think right and equitable. and Your Petitoners will every pray & C.

[Signed] Polly Gilbert & Richard Gilbert by their attorney in Fact Robert Shields

[Signed] G.W. Churchwell Soliciter.

At the said November Session 1830 of the Court the following proceedings were had in said suit - to wit ~ Polly Gilbert & Richard Gilbert vs. Daniel Walker Guardian of Polly Walker now Polly Gilbert

Came the Complaintants by their attorney and filed their Petition for a distribution share of the estate of Charles Walker deceased and for the monies due from the said Daniel Walker, administrator and Guardian of the said Polly Gilbert. Therefore it is Ordered by the court that a Copy of the Petition and a Summons issue to the Defendant Daniel Walker returnable to the next Session of this Court, therein Commanding him there and there to Appear, and answer the allegations in said Petition contained ~

And thereupon a Copy of the foregoing Petition and a Summons issues which summons is in the words and figures following to wit ~

State of Tennessee

To the Sheriff of Rhea County, Greeting. Whereas Polly Gilbert and Richard Gilbert by their attorney in fact Robert Shields filed their Petition at our Court of Pleas and Quarter Sessions held for the county of Rhea at the Courthouse in Washington on the first Monday of November 1830 against Daniel (Walker) Administrator of and Guardian of Charles Walker, deceased and Guardian of Polly Gilbert, formerly Polly Walker heir of the said Charles Walker deceased for a distribution share of said estate.

There and therefore to command you to summon the said Daniel Walker administrator and Guardian as aforesaid personally to be and appear before the Justices of our said Court at our Court of Pleas & Quarter Sessions to be held for the County or Rhea aforesaid at the Courthouse in Washington on the first Monday in February next, then and there to Demur please to answer the said Petition of the same by the roles of our said Court will be taken pro confesso.

Witness James Berry Clerk of our said Court at Office in Washington the first Monday of November 1830 And of American Independence the fifty fifth ~

On which summons where appears the following endorsements to wit ~ Polly Gilbert & Richard Gilbert (vs.) Daniel Walker Administrator of Charles Walker deceased and Guardian of Polly Gilbert, issued 18th November 1830. To February Sessions 1831. Came to hand and summoned the Defendant and delivered a Copy of the Petiton on the 28th of Decr. 1830.

S.R Hackett Shff.

And at the February Session 1831 of said court the Defendant by his attorney filed his answer which in the fords and figures following to wit ~

Answer of Daniel Walker to the Petition of Polly & Richard Gilbert exhibited against him in the County Court of Rhea County, in the State of Tennessee as Guardian of the said Polly Gilbert ~

This Respondent now and at all times hereafter saying?, & reserving, to himself the right of exceptions to the manifold uncertainties untruths and imperfections, in said Petition contained for answer thereto or so much thereof as he is advised it is material for him to make answer unto answerith and sayith that on or about the 20th day of September 1814, a certain Charles Walker son of the Respondant entered into the service of the United States for the protection of the southern frontiers against the aggressions of the British crown and certain Indian tribes with whom the United States were at that time in a State of War. That during the time the said Charles was thus employed in the service of his country, he sickened and died at or in the neighborhood of Fort Claibourn in the State of Alabama that upon satisfactory evidence to the County Court of Rhea of the fact of the death of said Charles this Respondent admits he was appointed by said Court administrator of the estate of the said Charles Walker deceased at the time specified in said Petiton, and was also at the same time appointed Guardian to Polly Walker infant heir, of the said Charles Walker deceased ~

That in obedience of the statutes of the State of Tennessee in that behalf provided he entered upon the administration of said estate, returned an inventory and the amount of sales thereof to the County Court of Rhea at or about the time specified in said Petition ~ amounting to the sum of $332 and 26¾ cents together with the sum of $72. the Decedents services in the Army making when added together the sum of $404.26¾ cents which came to the hands of this Respondant to be administered from which deduct $56.25 for the payment of debts & there would be left in the hands of this Respondent the sum of $348.01¾ cents ad administrator, to be divided equally amongst the heirs of said estate, or in this instance between the heir, and widow, of the said Charles Walker deceased, all of which will more fully and unequivocally appear, upon reference to the Petitioners exhibit marked B. Yet nevertheless the Petitioners have charged this Respondent, with the whole of the aforesaid sum of $72, as rightfully coming to the said Polly Gilbert, when in truth and infact she was only entitled to half of the said sum a heir to the said Charles Walker deceased. This Respondant does not admit the he recvd. or drew from the Pension against at Nashville the sum of $150 due the said Polly or heir at Law of the said Charles Walker deceased as is wrongfully charged in said Petition but he does admit that he drew as Guardian of the said Polly from that source and on that account the sum of $149. To make all more plain and intelligible to this worshippful Court this the Respondent will here receipt state the several sums which have come to his hands as Administrator of said estate and as Guardian of said Polly, and which she was entitled to receive from this Respondent, as Administrator as aforesaid and as Guardian as aforesaid the whole amount of sales returned as administrator as her Exhibit B is .. . . . $332.26¾ cents Decedents services in the Army . . . . 72.00 ~ Making $404.26¾ cents from which deduct the amount of debts $56.25 cents will leave in the hands of the Administrators $348.01¾ to be divided between the widow and daughter of the said Charles Walker deceased and which would leave in the hands of this Respondent as administrator the sum of $174, and which the said Polly would be entitled to receive from this Respondent as administrator of said estates after deducting therefrom the expenses of administration and such share of the debts of said estate as her portion thereof would be bound and liable to pay secondly the amount recd. by this Respondent as Guardian of the said Polly from the Pension agent amounts to the sum of $149, to which she is entitled after deducting therefrom all reasonable expenses and disbursement, in and about procuring the same by this Respondent as guardian aforesaid, so that there was in the hands of this Respondent as administrator before he paid the same over to Robert Shields as Guardian for the said Polly, the sum of . . . . $174 ~

and as Guardian in the hands of this Respondent which has also be been paid over the sum of $149.

Making in the whole the sum of . . $3.23

Except the sum of $13.75 cents parcel of the sum of $174 which remains in the hands of this Respondent as Administrator of said estate ~

This Respondent states that at the time he entered upon the administration of said estate the same was jointly indebted to him in the following sums to wit ~

To $15 cash furnished H. McCoy at the instance of Mr. Charles Walker to go to the assistance of said Charles Walker whilst sick at Fort Claibourne for expenses. . . $15.

To cash paid said McCoy by this Respondent for his services on said in the sum of $10-

To pulling, hauling & cribing 11 acres of corn of said estate. $13-

To building Crib therefore. . $5-

To Note on Charles Walker for cash lent of date September 13th 1812, Exhibit A. . $35.50

To 2 yds Homespun cloth furnished H. McCoy at the instance of Mr. Walker. $2.50

Making the sum of $81.00

With one half of which Polly Gilberts share of the estate is legally chargeable, say $40.50 ~ Respondent alledges and declares most positively that no part of the foregoing demands were allowed at the settlement made Exhibit B., in the said Petition because he was advised that it would be illegal for him to present his claims in that way as he was by law entitled to retain them in his own hands as administrator and because he was further advised that said itself was of doubtful validity as but two commissioners had acted upon it ~ This Respondent further states that in procuring from the Pension agent as Guardian of the said Polly Gilbert the aforesandsum of $149, reasonable disbursement and expenses, necessarily, accrued amounting, in value to the sum of $27, as follows to wit.

To Guardians expenses in person in going to and returning from Nashville @ 7/6 per day, 12 days $15~

To Guardian for his services on said trip @$1 per day, 12 days $12.

This Respondent further states that as Guardian of the said Polly Gilbert he bourded here from and during the term of fifty week, at $1 per week. $50 making in the whole the sum of seventy seven dollars reasonable expenses and disbursements to which the said Polly Gilbert and her funds in the hands of this Respondents were legally and equitably liable ~

In addition to all which this Respondent is entitled to a reasonable compensation for his services as Administrator and as Guardian fixing each of which at 5 per sent the Court sum ever all owed as he is informed and believes would entitle him as administrator to the sum of $8.70 and as Guardian to the sum of $7.45, making when added together the sum of $16.15 cents.

This Respondent states that the only sum that ever come to his hands as Guardian of the said Polly Gilbert was the aforesaid mum of $149 and which is the only sum of money in any event liable in his hands to interest by the laws of the state of Tennessee and which would only Yield the sum of $8.94 cents per anum as sum whole insufficient even if added to interest per annum on the $174 in this Respondents hands as administrator to authorize this respondents as guardian to loan the said sum of money upon the terms and conditions required by the Laws of the State of Tennessee. This Respondent would further state that the widow of his son the said Charles Walker deceased, sometime after the death of the said Charles, intermarried with a certain Robert Shields of Sevier County, who a short time thereafter, visited Rhea County and after conversing with this Respondent concerning the estate belonging to the said Polly Gilbert, in the hands of this Respondent and each suggesting, what best might be done therewith, it was proposed by the said Robert Shields to this Respondent that a bond should be entered into between them by which this Respondent as well as he now recollects at this distance of time should pay over, the net amount of said estate without any charge of Disbursement on expenses rightfully accruing therein ~ This Respondent was informed after the execution of the said covenant that is was not binding on either of the parties ~ Yet he always was and now is willing that the same should be curried into effect in that spirit of liability and good filling which dictated its execution ~ This Respondent would also him further state in elucidation of the causes which led to the execution of the said Bond ~ that after the intermarriage of the said Robert Shields with the widow of the said Charles Walker as aforesaid that the said Polly Gilbert took up her residence in the family of the said Robert Shields by means of which the said Robert Shields had at all times during her continuance therein a legal claim and rightful demand upon this Respondent for her necessary support, schooling and maintenance according to her degree in life to be paid out of the estate of the said Polly Gilbert ~ This Respondent further states that after the execution of the bond aforesaid the said Robert Shields procured himself to be appointed Guardian of the said Polly, by the County Court of Sevier, and this Respondent thereby superceded in that trust a shirt time after, the appointment of the said Robert Shields, in manner & form aforesaid to the Guardianship of the said Polly Gilbert ~ he officially applied to this Respondent for the funds of the said Polly in the hands of this Respondent $259.25 cents of which was promptly paid in her funds, although the whole of the Pension money was paid to this Resondent in notes on the Nashville Bank, and fifty dollars again paid as stated in the Petiton in like funs ~ amounting in the whold to the sum of $309.25 cents, thus is till be seen that calculating nothing for the services disbursements & expenses of this Respondent as Guardian nor nothing for his services and debts as administrator, he has paid all that he is subject or liable to pay wither in law or Equity except the sum of #13.75 cents ~

This Respondent has hefears with some to deviceness of detain this laid open and exposed to his worshippful court all the particulars within his knowledge touching the estate of the said Polly Gilbert, which has in any makker been or passd through his hands. Should any however think that he has been too minute the liberal mind will find an apology in the fact that he has been brought before this worshippful Court to answer for the above of a high legal and moral trust and that the person selected by him on whom to excercise duplicity and lutpetes? was none other, than the orphan child of a patriotic and favourite son ~ Against Record charges so serious this Respondent in his declining years enters his solemn protest and in the same Book in this they, are Registered he records his answer of denial and most solemnly that honor and good faith have actualed all conduct in the management of the estate of is Grand Child. ~

This Respondent protests against any and all reflections against his Grand Child whom he will know is wholy ignorant of what is doing here in this behalf. And upon a fair and impartial investigation of the whole matter he knows that the statements in this answer contained will be found to embody the whole truth of the case, and that the Law arising thereupon will hence discharge him from further liability.

[Signed] Daniel Walker

Sworn to in Open Court 9th Feby 1831

James Berry Clerk

At the February Session 1831 of said Court the following procedings were had in said suit to Wit ~

Polly Gilbert & Richard Gilbert vs. Daniel Walker, Administrator of Charles Walker, Decd. and Guardian of Polly Gilbert.

By consent of the parties and with the assent of the court this cause is transferred to the next Circuit Court to be held for the County of Rhea at the Courthouse in Washington on the fourth Monday of March next and that the clerk of this Court transmit a Certified Copy of said Cause to the Clerk of the Circuit Court aforesaid ~ and on motion of the Plaintiff a commission is awarded them to take the Deposition of Elizabeth Shields before any Justice of the Peace in and for the County of Sevier and State of Tennessee for giving the Defendant ten days notice of the time and place of taking the same ~

The following is a bill of costs in said suit to wit ~

Clerk Filing Petition 40cts, copy of the Petition 10.66; Copy sheats 1.48¾ cents, Summons 125 cts, filing answer 40cts, Commission to take Depositon 50cts, Copy of Record 60cts, Transcript 383 C. Sopy Sheats 525cts $9.88¾

Sheriff J.R. Hacket Serving Summons & 627-

[Total] $10.50¾

State of Tennessee

I James Berry clerk of the court of Pleas and quarter Sessions for the County of Rhea state aforesaid, do certify that the foregoing is a true and perfect Transcript from the Records in my Office of the suit therein mantioned

In testimony whereof I have hereunto set my hand and SEAL private seal not having an Official seal at Office in Washington this 26th day of March 1831.

[Signed] James Berry Clerk

Polly Gilbert & Richard Gilbert vs. Daniel Walker, administrator of Charles Walker Deceased and Guardian of Polly Gilbert

Circuit Court March Term 1831. By coment of the Parties and with the assent of the Court this cause is continued till the next term and by Consent a Commission is awarded the Plantiff to take the Deposition of Elizabeth Shields of Sevier County Tennessee, before any Justice of the Peace for said County, upon giving, the Defendant ten days notice of the time and place of taking said Deposition.

Polly Gilbert et al vs. Daniel Walker

Circuit Court Sept Term 1831. For reasons appearing from affidavit of the Defendant this cause is continued untill next term of this Court.

At March term of the Circuit Court 1832, the Plaintiffs files this amended Petition in the words & figures following to wit

Polly Gilbert & Richard Gilbert vs. Daniel Walker; March Term Circuit Court 1832. By Order of the Court made at this term, this amendment is filed - to the Honourable Edward Scott Judge. Your Petitioners Polly Gilbert and Richard Gilbert Represents that David Shields [s/b Robert] & Elizabeth Shields citizens of Sevier County, are necessary parties to the Petition hereto fore filed in this cause that Elizabeth was the widow of Charles Walker Decd. and received from said Danl. Walker, Guardian of Polly Walker and Administrator of the estate of Charles Walker Dec'd. a certain sum of money of said estate which estate is unsettled ___ said Elizabeth Walker afterwards intermarried with a certain Robert Shields, who was Appointed Guardian of Polly Gilbert & said Shields received of Daniel Walker a certain amount of money of said estate, reference being had to the Original petition (which he prays may be made a part of their Bill) will more fully Appear. Your Petitioners pray that said David Robert Shields & Elizabeth Shields be made parties to this Petition with proper words to charge them and that they make a full disclosure & answer how and in what manner they have treated such estate, how much they have received either, as Heir, or Guardian, and all and every thing relative to said estate & that Subpoenas & Copy, issue & C.

[Signed] Richard Gilbert & Polly Gilbert by Atty. G.W. Churchwell

Polly Gilbert & Richard Gilbert vs. Daniel Walker Administrator of Charles Walker, Deceased and Guardian of Polly Gilbert

Circuit Court September 1832. This day came the complainants by their counsel, and directed this cause to be dismissed.

Whereupon the Defendant, in his own proper person come into Court and confessed judgement for all Costs expended.

Therefore if is Ordered and decreed by the Court that this cause be dismissed. That, the Complaintants recover against the Respondent all costs in this behalf expended for which Execution may issue.

Original Documents