Thinking back over the few trips I have taken to research genealogy has brought to mind one that combined research on my maternal and paternal side. My sister, Cheryl Noble, and I headed to Bono, Arkansas for the Watkins Reunion in August 2017 and then to Nashville, Tennessee to do some research. As the date for the reunion grew closer, we discovered that a major heavenly event would take place on August 21, 2017 dubbed the “Great American Eclipse” and Nashville would be a prime location to experience this. Andrew Jackson’s Hermitage was selected to enjoy the event. Many people had the same idea – spend the day touring a lovely historic mansion with beautifully landscaped grounds and experience this two-minute astronomical gift!
Andrew Jackson Hermitage - ushistoryimages.com
The following day was spent at the Tennessee State Library and Archives. It was a bit disappointing as there isn’t a wealth of documents on Hancock County, Tennessee but there are microfilm rolls of old court documents still waiting to be discovered. I didn’t walk away empty handed as I did find some documents on the Epperson’s that I have previously discussed.
Tennessee State Library and Archives
While collaborating with fellow researcher, Connie Shelton a Tennessee Supreme Court document was found on the Archives’ website that I decided to purchase: Claibourne Walker & others Vs Archibald McCoy & wife filed September 14, 1859. The case summary from the website:
Plaintiff admr of mother-in-law Jane Epperson, dec. Additional plaintiffs: wife Hester, formerly Epperson, and ten other heirs and distributors of Jane Epperson. Widow Epperson lived next to defendant, also her son-in-law, died testate in 1857. Plaintiffs claim defendant fraudulently came by deed of valuable tract of land J. Epperson had owned in Hancock Co., having paid $500, not half the value of said tract. Defendant claims this arrangement was due them for care and support of the old widow; 43 pages.
How are Claibourne Walker and Archibald McCoy related to the Eppersons? Claibourne was a grandson of John Walker who was Jane Walker Epperson’s father. Jane was the wife of Joseph Epperson and they are my 4thgreat-grandparents (Nelson Epperson’s grandparents). Claibourne was a nephew and son-in-law to Jane Walker Epperson (he married Hester Epperson) and was the administrator of Jane’s estate. As stated above, Archibald McCoy was also a son-in-law to Jane (he married Margaret “Peggy” Epperson). Hope that’s not too confusing! The other heirs mentioned in the document are:
John A. Walker and wife Polly formerly Polly Epperson and Nancy Bowman; Hawkins County; Calvin Epperson and Elizabeth Allen Grainger County; Thomas Epperson, Nelson Epperson, Jane Allen, and Martin Hipshear & his wife Phany all children of John Epperson who departed this life sometime before his mother…all reside in the County of Grainger except Elizabeth Allen who resides in Hancock County Thomas Epperson in Missouri Nelson Epperson in the County of Claibourne Tennessee…. Note that there is an error in this document as John Epperson’s daughter is not Elizabeth Jane Epperson as her name was Emily Jane Epperson.
The complaint against the McCoy’s:
Jane Epperson departed this life in the said County of Hawkins in January 1857, intestate, & complainant Claibourne Walker has been duly qualified as her Administrator in the said County of Hawkins. That previous to her death the said Jane was a widow for many years that she lived to be nearly eighty years of age & for many years preceding her death she was very frail and lived near to Archibald McCoy who married a daughter of the said Jane who was the owner of a valuable tract of land in the said County of Hancock upon obtaining which the said McCoy fixed his heart and about three years ago by various fraudulent practices and representations & promises, and through the artful contrivances and aid of one Shadrack Epperson the Jane was persuaded to make a deed to the said McCoy under the persuasion of the said McCoy & his wife aided by the said Shadrack Epperson & thus to put everything that she owned – land and all into the hands of the said McCoy & for his sole benefit & that his family one of tenants used was to express in the deed a consideration of Five hundred dollars not half of the value of the lands and then to pay on rather hand over to the said Jane, the said Sum of immediately to take the money again to give no note, obligation or receipt for the same to persuade the said Jane to abandon her house, sell her personal property and go to the house of the said McCoy. This plan was carried out to the letter the pretended deed for the land was signed, the $500 put in the hands of a feeble & weak minded woman of near eighty years of age, and then instantly to take the money back from her as they could take a toy from a child, the said Jane being thus stripped of property & having been prevailed on to disinherit her other children & grandchildren, was taken to the house of the said McCoy and keep there until they became tired of and unkind to her, and she from their unkind & heartless treatment was tired of them, was compelled in her old age and utter destitution to seek shelter & protection under the roof of complainant Claibourne Walker & wife where she was protected & cherished up to the time of her death. Complainants further state that the said McCoy is otherwise largely indebted to the estate of the said Jane Epperson for which he should be held liable.
Complainants further state that from the time of the execution of said pretended deeds for the land that the said McCoy has been in possession & the receipts of the rents & profits of the same and has also kept in his hands other effects of the said Jane. This was done by inducing the said Jane to impose a misplaced confidence in the said McCoy greatly to the injury of the Complainants & to the ruin of the estate of the said Jane.
Archibald McCoy’s rebuttal to the complaint stated he paid Jane $500 for 100 acres and it wasn’t done in a fraudulent or forceful way. He stated that Jane did live with his family for two or three years but she was not driven away but she was displeased with some of their children. He believed she was persuaded to leave by some of the complainants and denied that she had to sell her personal property but did bring six or seven hogs which the McCoy’s fattened and sold.
It sounds as though there was little love lost between these relatives. Testimony was given by some of Jane’s grandchildren, other relatives, and neighbors attesting to the value of the land at the time of purchase, the treatment of Jane by the McCoy's, whether Jane was of sound mind, and character witnesses. I noticed one of the witnesses was my 3x’s step-grandfather, Peter Wolfe, along with my 2x’s grandmother’s brother McHenry Bray as they were neighbors of Jane Walker Epperson. This is one of the reasons I love reading these documents as you can make new discoveries for a tree and see how closely connected these lines were. I’m thinking Shadrach Epperson got a bad rap for assisting the McCoy’s.
The final decree was made on May 21, 1859. The judge stated that although Jane was capable of making a valid contract she suffered from “weakness of mind subject to imposition” and sold the tract of land for less than its worth. It is believed that the money given to Jane was taken back by Archibald or Peggy and constituted fraud. The sale of the land was set aside and the deed cancelled. The defendants would be billed for the rents and profits received from the land from the time of death of Jane Walker Epperson. A Writ of Possession would be created to put the Complainants in possession of the land jointly with the defendants. The defendants filed an appeal but it is not listed on the Archives' website in Hawkins or Hancock county. Bill of Costs Summary (this was in addition to $250 that was paid when the case was filed):
This case puts life in perspective given that many of us become dependent on someone for our care. At least today there are other options available for elder care. I hope she was truly loved and protected by Claibourne and Hester Walker when she landed in their care as was stated in the complaint. “Growing old is humbling and it takes effort to accomplish this stage of life with dignity.”
No comments:
Post a Comment