Contributed by Julie Coley at [email protected]
© 2004
Note: Here is a transcription of court papers for William Kennedy. It is a court case brought on by Charles Howard against the admin. of William Kennedy and it mentions all of Williams children and where they were in 1843.
Sumner County, TN
Ruler No 352
Charles Howard Adm
Copy Bill
Copy for Robert Richie
And Simpson Kennedy
Giles County
The bill of Complaint of Charles Howard admr of Eliza Howard decd filed against John Perry
Executor of William Kennedy decd in the Sumner Chancery Couurt
Your Orater Charles Howard admr of Eliza Howard decd a citizen of the County of Robertson
would show your Honor that Wm Kenedy the father of his decd Wife made a Will and departed
this life many years ago which Will is here exhibited marked No 1 and pray to be taken as faith of
this Bill It will be seen by the said William Kenedy devised to his Wife Prudence Kenedy during
his life the whole of his plantation being two tract, he purchased of James Taylor and Ormand
Allen lying in Mankins Creek in the County of Sumner and like manner the household and kitchen
furniture farming utensils and stock of every kind or description during her natural life and the
remainder title thereof to her twelve children hereafter named And by said Will he directed her
Executor to Sell the said property on a credit of 12 months and divide the proceeds thereof
amongst her 12 children to wit Armstrong John Rebecca Margarett Wm Daniel Elizabeth Evelina
Alexander Rachel Simpson and Eliza Kenedy and their heirs and assigns forever Armstrong E.
Kennedy did not qualify as Executor the said John Perry of Sumner County qualified and took
upon himself Executor of the said Will Complt would show your Honor that in 1840 he
intermarried with the said legatee or Decree Eliza Kennedy in the County of Sumner and that she
departed this life August 1841 in the County of Robertson and Complt has taken out letters of
Administration on her estate which is here exhibited to the Court marked No 2 as fact of this Bill
Complt would show your Honor that Prudence Kenedy the widow of Wm Kenedy departed this
life in the year 1840 and that the Executor John Perry under the Will aforesaid proceeded and sold
the said land devised as aforesaid for the sum of $3100 which money was due in Oct 1841 as he
is informed ____ What he has done with the other property devised Complt does not know but
called on the said Executor to amount and pay on to Complt his portion of the sand sales. Complt
would show your Honor that Elizabeth Kenedy and Rebecca Kenedy many years ago departed
this life without husband or issue Armstrong Kenedy moved to Missouri married and left a widow
and children living but Complt does not know their names John Kenedy died leaving the following
children Emily Prior and Preston Kenedy Emily has intermarried with John Burney of Robertson
County Margarett intermarried with Jesse Hackney of Maury Count that departed this life William
Kenedy resides in Illinois Daniel is dead lives the following children John Kennedy of Sumner
County and Eliza intermarried with Wesley Bruce of Sumner County Evalina Kenedy has married
Robt Richie and resides in Giles County Alexander resides in Giles County Rachel has married
Wm McMillon of Robertson Simpson Kennedy lives in Giles County all of whom complainants
pray may be made Defendants to this Bill in conjunction with the said Executor John Perry and
that ____ to ____ issue And by Decree of this Honb Court the said Executor John Perry be
Decreed to pay over to Complt adm as aforesaid his portion of said sales of said land and other
effects and property under the Will of the said Wm Kenedy and give to Complt such other and
difficult release as the nature of the case shall require and your Honor shall deem ___
Js C Guild
Imprimus
It is my will and desire that my just debts and funeral charges be paid punctually out of my estate
Item
I give and bequeath to my loving wife Prudence Kennedy the whole of my plantation that is to
say, the tract of land I purchased of James Taylor and the tract purchased of the heirs of Ormand
Allen lying on Mankins Creek with the rents and profits thereof with the household and kitchen
furniture, farming utensils and stock of every kind or description during her natural life or
widowhood excepting such as herein to be named.
Item
I give and bequeath to my son Armstrong Kennedy his heirs and assigns for ever my set of
Blacksmith tools
Item
I give and bequeath my son John Kennedy a certain bay mare to him his heirs and assigns
forever
Item
I give and bequeath to my honored mother Mary Armstrong during her natural life the
cabin and the acres of land whereon she at present lives.
Item
It is my will and desire that at the death or marriage of my wife Prudence that my said
estate be sold at public sale at a credit of twelve months with my Stock household and kitchen
furniture farming utensils and Cotton Gin and library and the amount arising from said sale to be
equally divided among my 12 children namely Armstrong John Rebecca Margarett William Daniel
Elisabeth Evalina Alexander Rachel Simpson and Elisa their heirs and assigns forever and lastly I
nominate and appoint my son Armstrong W Kennedy and John Perry my Executors of this my last
Will and Testament hereby revoking all other former Wills in Witness where I have herewith set
my hand and seal this 20th day of Oct 1809 and the 34th Year of American Independence.
Wm Kennedy
Signed Sealed Acknowledged in presence of John Turnin Saml Turnin Edwd Hagan and Shadrack Nye
Witness Joseph E Windfield Clerk of our said Court at Office this 7th day
of March 1842