Bell v. Bowers

• Decision Date: 30 September 1867
• Citation: 44 Tenn. 311
• Parties: Bell and Wife v. Bowers et als.
• Court: Tennessee Supreme Court

44 Tenn. 311

Bell and Wife

v.Bowers et als.

Supreme Court of Tennessee.

September Term, 1867.

FROM GREENE.

At the May Term, 1867, there was a decree in favor of the respondents; from which decree Bell and Wife appealed to this Court. Chancellor SETH J. W. LUCKEY, presiding.

THOMAS A. R. NELSON and JAMES M. DEADERICK, for Complainants.

THOMAS D. ARNOLD, for Respondents.

HORACE MAYNARD, Special J., delivered the opinion of the Court.

In January, 1860, Moses Bowers of Greene County, died, leaving an estate in lands, slaves and other property, valued at something more than thirty thousand dollars, to be enjoyed by his widow, Margaret Bowers; a son, Andrew S. Bowers, and two daughters, the complainant, Mrs. Bell, and the respondent, Mrs. Johnston. By his last Will, he left all the property to his widow during her life, with permission to divide it among the children at any time she might desire to do so. But, when divided, it was to be so done, that, after collecting advancements--an account of which appears to have been kept by the testator in what he calls the family book--the children should all be made equal in their inheritance.

During his lifetime he had given to his son a tract of land containing one hundred and ninety-six acres. The Will devises to each daughter, as an equivalent, the like number of acres, to be laid off for the one at the home end, and for the other at the Guinn end, so-called, of his farm, and provides that if they can not agree which shall have the home place, three good men are to be selected who shall decide it by lot.

In July, 1861, the legatees met and attempted a partial division of the estate. The negroes were set apart, severally, to the three children; the home place was assigned to complainants, Bell and wife; and the Guinn place to Johnston and wife. In consideration of the buildings on the home place-- estimated by the parties to the transaction at twelve hundred dollars, giving to it to that extent a superior value--complainant, Bell, executed two notes for four hundred dollars each, to the brother, Andrew, and the sister, Mrs. Johnston. Deeds of release and confirmation were mutually executed. Johnston and wife also executed to complainants their bond, covenanting that she should ratify the agreement, upon her attaining the age of twenty-one years of which she yet lacked more than one year, and promised to furnish certain sureties to the bond. On further reflection, both Andrew and Mrs Johnston became dissatisfied with the arrangement, and, at their instance, by the mutual consent of the parties, it was revoked, and all the papers cancelled. The note executed by complainant to Johnston and wife, it is alleged, and not denied, has never been surrendered to him.

In September following, the widow, Margaret Bowers,...