Chancery Court Records

Wed Sep 30 21:47:32 1998 

Submitted by: Elizabeth Deihl [email protected]

The following was copied from "Chancery Court Records of Bedford Co.,TN" by T R Marsh

Page 84- Will of Knight Dolby (often recorded as Dalby): The said Knight Dolby gave and devised all his real and personal property to his wife Nancy Dolby during her natural life and at her death to be equally divided among all his children, and that he died seized and possessed of tract of land on which he then resided and which is embraced in said bequest of said will and situated in Bedford County, adjoining the lands of Charles F. Sutton and others, and on the south side of Bradfords Creek and bounded by Spradlin's line, Fraziers's line, William Waite, Chamber's line, and containing 100 acres. Which tract was surveyed by John Bradford to said Knight Dolby, deceased, by deed dated 31 July 1818.
Knight Dolby left nine children living at the time of his death, to whom he divided said land at the death of his wife, to wit,
Your orators: John C. Warren, Phillip A. and Thomas D. Dolby, Martha C. Gun wife of Francis B. Gun, Polly H. Waite wife of William Waite, Edward B. Dolby, Agnes B. Wood wife of ____Wood and james B. Dolby. Your orator states that Nancy or Ann Dolby, the widow of said Knight Dolby, deceased, departed this life in the month of December 1848 and after his youngest son had become of age, that since decease of said Knight Dolby, his son Edward B. Dolby, his daughter Polly H. Waite and her husband and his daughter Agnes B. Wood and her husband has also died, that the said Edward B., your orators Benjamin H. Y., George W., Woodson K., Francis Ann, Rhoda Jane, William G., and Minerva E. Dolby, together with Emily Jeffers wife of Elijah Jeffers, his only children and heirs and entitled to an undivided ninth part of said tract of land, that George W., Peter H. and William Waite, Mary A. Buckaloo wife of William Buckaloo together with your orators Francis P. Morrison and Charlotte T. Waite are the only children of the said Polly H. Waite, deceased, and are also entitled to an undivided one ninth part of said tract of land and that William M. Wood, Sarah Ann Thompson, Rachael W. Waite wife of Peter H. Waite, Jane Womble wife of John W. Womble and Knight D. Wood, are the only children and heirs of said Agnes B. Wood, deceased, and as such also entitled to an undivided ninth part of said land.
All of the above heirs become entitled to the possession of the above described land upon the death of said Nancy Dolby, the widow of said Knight Dolby, deceased. It is said that John Sutton executed a judgement against said deceased at June Term 1827.
Deputy Sheriff K. L. Anderson sold tract of land to James Deery, 19 February 1828, for $100.00. Sheriff James Wortham made sale void. The said Knight Dolby, deceased, had enough personal property to settle judgement with Sutton. Robert Waite, executor of the Last Will and Testament of Knight Dolby, deceased, soon and within two years of said sale, redeemed the said tract of land from James Deery for benefit of widow and heirs by paying him $180.33+, 11 February 1830.
It was learned about 16 January 1839, Deery relinquished for said tract of land to James B. Dolby, one of the children of Knight Dolby, deceased. James B. Dolby on about 31 December 1840 made a pretended sale and conveyance of said tract of land for $800.00 to John S. Frazer, which James B. Dolby managed to obtain possession of land from the tenant of the said Nancy Dolby who was then in the Republic of Texas where she remained until her death. Frazer took possession of tract of land which he held until his death which occured ten days ago (December 21, 1840).
The orators said the true and rightful owners are:
John C., Warren K., Phillip A. and Thomas D. Dolby Martha C. Gun wife of Francis B. Gun,
children of Edward B. Dolby, deceased, Polly H. Waite,
deceased, Agnes B. Wood,
deceased, James B. Dolby or the heirs of his bargainer,
John S. Frazer. Nancy Dolby, widow died December 1848.
John S. Frazer, deceased, left a widow Eliza Jane Frazer and only one child,
John S. Frazer who is a minor and has no guardian and that Samuel H. Whitthorne had been appointed admr. Your orators pray that your Honor,
that James Deery, Eliza Jane Frazer, John S. Frazer and Samuel H. Whitthorne, admr &c citizens of Bedford County, James B. Dolby, William Buckaloo and his wife Mary A. Buckaloo, are citizens of Coffee County, Tennessee, Frances B. Gun and Martha C. his wife, Elijah Jeffers and Emily his wife, George W. Waite, Peter H. Waite and Rachel W. Waite his wife, William Waite a minor, whose guardian is G. G. Osborne, William M. Wood, Gabriel Thompson and Sarah Ann his wife, John W. Womble and Jane his wife, Knight D. Wood a minor with no guardian, all non-residents of Tennessee, but citizens of Texas and other parts beyond the State of Tennessee.

The following is copied from "Bedford Co.,TN Wills"

Chancery Court Minute Book "A", 1848-1851 Page 83 - Will of Knight Dalby, who died October 1827, after having made his last Will and Testament, proven and recorded at November Term 1827.
Robert Waite, Executor.
Wife Nancy (Ann) Dalby.
He left 9 children.
Nancy (Ann) Dalby died in December 1848.
Son Edward B. Dalby, daughter Polly H. Waite,
daughter Agnes B. Wood,
Benjamin H. Y.,
George W., Woodson K.,
Francis Ann,
Rhoda Jane,
William G.,
and Minerva E. Dalby and Emily Jeffers.
Polly H. Dalby wife of William Waite.
Polly H. has since died.
Agnes B. Dalby wife of ______Wood who is deceased.
Emily Dalby wife of Elijah Jeffers.
Polly H. Waite left George W.,
Peter., and William Waite,
Mary A. wife of William Buckaloo,
Francis P. wife of John S. Morrison,
and Charlotte T. Waite.
Agnes B. Dalby wife of ______Wood, has deceased,
leaving William M.,
Sarah Ann Thompson,
Rachel Wood wife of Peter H. Waite,
Jane wife of John W. Womble,
and Knight D. Wood.
Edward B. Dalby's children:
John C.,
Warren K.,
Phillip A.,
Thomas D.,
Martha C. wife of Francis B. Gun.
Edward B. Dalby has deceased.
Polly H. Waite has deceased,
Agnes B. Wood has deceased.
James B. Dalby
William Buckaloo and his wife Mary A.,
      are citizens of Coffee County, Tennessee.
Francis B. Gun and Martha C., his wife,
Elijah Jeffers and Emily his wife,
George W. Waite,
Peter H. Waite and Rachel W. his wife,
William Waite a minor,
William M. Wood,
Gabriel Thompson and Sarah Ann his wife,
John W. Womble and Jane his wife,
Knight D. Wood a minor, are all non-residents of Tennessee.
Edward B. Dalby, deceased, has 8 living children: 3 in Illinois, and 5 in Tennessee,
Warren K. Dalby,
F. B. Green and Martha C. his wife,
Thomas D. and Philip A. Dalby, all are in the State of Texas.

Correction to above

I believe that Judge Dalby had the relationship of Agnes and Wm Waite
confused. Agnes married a WOOD (first name is not given,) and Frances
Polly married Wm Waite. Their son Peter married Agnes and unknown Wood's

daughter Rachel.
Agnes married Wood before 1839, probably in Bedford Co. TN. She came to
Bowie Co.,Texas in 1839 with her children, mother, and siblings. No
husband was mentioned. It woud be great if Elizabeth could find
something about it.
One of my distant relatives sent me her research notes. In it she found
in the Chancery Court records of Bedford Co. TN the suit for partition
and disposition of the property owned by Knight Dalby in that county.
This record lists the children of "unknown" Wood and Agnes Dalby as :
Knight D Wood (m) Martha A. _________
Sarah Ann (m) Gabriel Thompson
Rachel W. (m) Peter Waite
Jane (m) John Womble
Wm. M. Wood (m) Mary Ellen Brown (my line)
1. William Fountain Wood
2. Maronie Micajah Wood
3. Bernice Wood
4.Ellen Brown

O'Rear
Both the names, Fountain and Micajah are found in the Dalby - Bullock
lines.

Ellen [email protected]

 

 

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