MySource:Quolla6/King vs Mitchell

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MySource King vs Mitchell
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King vs Mitchell.

Extracts and commentary by User:Jrich

From Source:Howard, 1920

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King vs Mitchell
Person:William King (170)

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This court case is very useful because the notes stipulate large amounts of genealogical information about William King prior to deciding how his will should be interpreted.

"We agree, that William King departed this life on the 8th day of October 1808, having first made and published his last will and testament,... following:" [Abstracted] Will of "William King" dated 3 Mar 1806, mentions "my beloved wife, Mary" [no children], "dwelling-house and other building on lot No. 10, in Abingdon, where I now reside", "William King, son of brother James King", "William Trigg and my niece Rachel, his wife, lately Rachel Finlay", "sister Elizabeth, wife of John Mitchell", "Connally Finlay", "my nieces, Elizabeth Finlay and Elizabeth Mitchell (being called for my grandmother, with whom I was brought up)", "children of my brother James, sisters Nancy and Elizabeth", "half-sister Hannah", "my half-brother Samuel", "Charles S. Carson" [partner, also with brother James, in King, Carson & King], "my father, Thomas King", Abingdon Academy. "William Trigg, of Abingdon, and James King, of Nashville, executors".

[More excerpts from court narrative] "We agree, that William King ... possessed of seventy-six tracts of land in the said county of Washington, containing, in the whole, 19,473 acres of land, on one of which tracts is the salt-works ... Also, of nineteen lots in the town of Abingdon, in Washington county ... Also, of fourteen tracts of land in the county of Wythe, containing 3494 1/2 acres. Also of eighteen tracts of land in the state of Tennessee, containing, in the whole, 10,880 acres. Also, of shares in town lots, in several of the towns in the state of Tennessee."

"We also agree, that the said William King survived his father, in the said will mentioned; that the said William King had brothers and sisters, to wit, James King, a brother of the whole blood; Nancy, a sister of the whole blood, the wife of Connally Finaly, in the will mentioned; Samuel King, a brother of the half blood; Hannah, a sister of the half blood, the wife of John Allen; all of which brothers and sisters, before named, survived the said William King. That another sister of the said William King, of the whole blood, died before him, and was named Elizabeth, the wife of John Mitchell, who is mentioned in the will. We agree, that William King, the lessor of the plaintiff, is the same William King, the son of James King, brother of the testator, mentioned by him in the will. We further agree, that William Trigg, in the will mentioned, departed this life on the 4th day of August 1813,leaving Rachel Trigg, in the will mentioned, his widow, and four sons, the said Rachel having borne them to the said William, and not having borne any daughter to him, the said William Trigg, at any time, which said sons are all living. That Mary, who was the wife of the said William King, is still living, aged 43 years, and is now the wife of Francis Smith. We further agree that William King, the lessor of the plaintiff, is married to Sarah Behum; that James King had only one daughter, named Rachel Mary Eliza, who is now the wife of Alexander McCall; and that Elizabeth, the wife of John Mitchell, had only two daughters, to wit, Elizabeth, who is now the wife of William Heiskell, and Polly, who is now the wife of Abraham B. Trigg."

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