Sumner Co., TN Archives
Lawsuit # 3116
An agreement between Richard Cavitt and John Cavitt, this the 16th
December 1808. That whereas Joseph Cavitt, John Cavitt, Richard
___(looks likes Jones), Mary Armstrong and William Armstrong have by a
certain instrument of ____ and ___ their hand and seal authorized __ ___
said Richard Cavitt to take into possession the property of Richard
Cavitt deceased and to administer the same in manner and form __ the ___
is mentioned ___ whereas also the said John Cavitt ___ taken out letters
of administration whom the estate of the said Richard Cavitt deceased at
December ___ of Sumner County Court 1808. Now the aforementioned
Richard Cavitt having by ___ of the instrument of ___ aforesaid taken
into his possession the property of the said Richard Cavitt deceased,
collected and paid debts of the deceased, expended monies to the use of
the estate and the ___ aforesaid and disputes ___ ___ between the said
Richard and John Cavitt ___ ___ the administration of the ___ of the
said Richard Cavitt deceased it is ___ between the bodies of this
instrument. That all matters of controversy
___ the administration of the said estate as to the person who has the
best right to administer and as to any allowance which the said Richard
Cavitt may claim for his trouble or expe4nse in and about the estate
which he has heretofore had in his protection and all other matters of
controversy both in ___ and equity between the ___ ___ ___ the estate
aforesaid unto Thomas Stuart, John H. Bowen, JBH Headen(?), ___ and that
their determination shall be ___ and ___
___ the ___ of which our hands and seals.
Signed:
Richard Cavitt
John Cavitt
-------------------------
We ___ the ___ John H. Bowen & Thomas Stuart, arbitrators apointed by
John Cavitt administrator of Richard Cavitt do award as follows that is
to say that said John Cavitt is entitled to the administration of the
estate of Richard Cavitt deceased. That said Richard Cavitt shall keep
the deceased's property ____ taken into his ___ aforesaid approved by
Joseph Pain lawsuit ___, Moses Hardin, that for this he is accountable
to the amount of the appraisement to wit $26_ dollars
That he is also further accountable for___ 6
Cash received by Young....................................6
for value of coin................................................28(?)
for saddle bags....................................................5
Amounting in the whole to...........................$309.00
That said Richard Cavitt is entitled to credit for monies paid for the
estate of Richard Cavett deceased as follows to wit:
By fee paid D. R. D.
Barry..................................................4 dollars
By fee paid Thos.
Stuart.................................................. 25 dollars
By __ half costs of __
court............................................37-35 1/2
By ___
fee............................................................................1
By half __ Court cost in Jean Thompson vs Cavitt......10.25
By ___ paid in 1803..........
............................................... ......87 1/2
By monies paid B.
Rawlings..............................................5
By acct paid Aubry(?)
Rawlings.......................................6.50
By Pardy & Bells(Bulls?) acc paid
..................................50.9_
By Purdy & Pettiways, acc paid.......................................20
Amounting in the whole as to the credits allowed said Richard Cavett to
$ 168.92
which leaves a balance due John Cavett administrator of Richard Cavett
of $140.00 cents
What said Richard should pay interest on this sum for four years
amounting to $33.60
amounting in the whole to $173.68
What it appears to us that nine persons are entitled to a distributive
share of said sum so ___ ___ ___
would amount to $19.29 7/9(?)
What it sppears to us that said Richard has paid to Abram Young $12, to
William Armstrong , $37, to Richard jones $75. each of which persons are
entitled to one ninth part of said $173.68, and we do further award that
said John Cavitt shall receive from Richard Cavett the receipt of each
of those persons, to the amount of each of their shares, in part payment
of said $173.68 but that where said Richard has over paid any one of
them said Richard _____ ____ to them for the over ___
We also further award that said Richard Cavett shall give his bond to
said John Cavett to indemnify said John against any action to which he
may be liable from Andrew Cavitt and James Cavett two distributees of
Richard Cavett deceased who are under age on account of said John having
submitted to this award or on account of too little having been awarded
to said John by this award.
That upon said Richard having paid to said John Cavett said one hundred
and seventy three dollars and sixty eight cents in manner aforesaid we
award that said John Cavitt as administrator of Richard Cavett deceased
will execute to said Richard Cavett a release against all demands
against him as administrator of said Richard deceased.
We do further award that if said Richard Cavett should procure himself
to be appointed guardian to said Andrew Cavett & James Cavett by the
county court of Sumner that is said Richard thus executes a receipt to
said John as guardian for said minors, to the amount of each of their
shares, that said John shall accept ___ __ in part payment of said one
hundred seventy three dollars and sixty eight cents.
In testimony ___ we have set our hands and seals to this 17th Dec 1808
Signed __ __ _____
John H. Bowen
Thos. Stuart
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