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Page 435
Final Decree Octo. Term 1875
Nov.16th 1875
Elizabeth Jack vs. W.H. Foust and Martha Simmerman, orig. bill and cross
bill Martha A. Simmerman vs. Elizabeth Jack, Jerome C. Simmerman, and
his guardian, W. H. Foust, Richard and Mollie Stringer, minor children
of Mary Stringer Decd. and their Guardian J. T. Stringer.
Be it remembered that this cause came on to be heard on this 16th day of
November 1875 before Chancellor Bradford upon the pleadings, exhibits
and proof in the causes.
And the Court being of the opinion upon the hearing of the entire cause
and all the proceedings therein and argument of counsel that all of the
equities of the Original Bill are met and fully denied in the answer and
not sustained by the proof.
It is therefore ordered, adjudged and decreed by the Court that the
Original Bill in these causes be and is hereby dismissed, which is done.
And it is adjudged that Wm H. Foust Respondent in the Original Bill
recover of the Complainant Elizabeth Jack and A. B. Beeson, security for
the costs, all the costs in these causes incident to the Original Bill
not heretofore adjudged, and one half the costs incident to the Cross
Bill, for which execution will issue.
And the Court being further of the opinion upon the Cross Bill of Martha
A. Simmerman, and all the proceedings in these causes that Jerome C.
Simmerman and Jemima Bolton were legally and lawfully married on the
14th day of June 1856, and that said Jemima Bolton was not of mixed
African or negro blood within the third generation inclusive, and that
her said marriage was not prohibited by the laws of either the State of
Tennessee or Georgia-And the Court being further of the opinion the said
Jerome C. Simmerman at the time of his said marriage had sufficient
mental capacity to contract valid marriage with the said Jemima Bolton,
and did contract such marriage and afterwards lived and cohabited with
the said Jemima as his wife, and that he treated and recognized her as
his wife, and she was so treated and recognized. That said Jerome
Simmerman also after said marriage, ratified, confirmed and recognized
the marriage, during the said marriage relation, and up to the last
sickness of his wife, when he had sufficient mental capacity to ratify
and confirm the original contract of marriage. And it also appearing to
the Court that Martha A. Simmerman is the living child of the said
Jerome C. and Jemima Simmerman.
The Court is pleased to adjudge and decree, and does decree that Jerome
C. Simmerman and Jemima Bolton were lawfully and legally married on the
14th day of June 1856, and that Martha Simmerman is the only living
issue of such marriage, and that Elizabeth Jack and Richard and Mollie
Stringer, children of Mary Stringer decd, are not heirs apparent of the
said Jerome C. Simmerman. The court is further pleased to adjudge and
decree that the said Martha A. Simmerman is entitled to be supported,
maintaince provided for, clothed and educated by the Guardian of said J.
C. Simmerman out of the estate of her father, the said Jerome C. in a
manner commensurate with and suitable to the value of his estate and the
number of his family, but the Chancellor declines to fix her allowance
for that purpose.
It is there for ordered, adjudged and decreed by the Court that Wm H.
Foust Guardian of the said Jerome C. Simmerman, or any future Guardian
of said J. C. Simmerman pay such sums of money as shall be amply
sufficient for her clothing, board and education from the 2ne day of
May, the date of the filing of her cross Bill until she becomes of the
age of twenty one years, and such payments shall be a sufficient voucher
of payment for him in any court when properly proven, in his settlement
as Guardian. He is authorized to pay any just and reasonable expenses or
charges, if the payments are not disbursements, that may have accrued
for her board, clothing or maintenance and education accrued since the
filing of her Cross Bill in this cause.
It is ordered that the Guardian W. H. Foust pay into the office of the
clerk and Master the one half of the unadjudged costs incident to the
Cross Bill in this cause, and the receipt of the Master shall be a
voucher to said Guardian upon the settlement of his accounts.
It is further ordered that the Clerk and Master hear proof and report
what would be a reasonable fee to Messer Key and Richmond for their
services as counsel of Jerome C. Simmerman in these causes-And what
would be reasonable fees to Lewis Shepherd and Eakin and Hope for their
services as counsel of Martha A. Simmerman. And also what would be a
reasonable fee to Eakin and Hope as counsel of Wm H. Foust Guardian, in
these causes.
He will also report what would be a reasonable compensation to Samuel
Williams for his services in these causes as next Friend of said Martha
A., and the legitimate expenses incurred by him in the protection of the
rights of said Martha, and report to the present term of this Court if
practicable.
The Guardian will be entitled to a credit for any sums he may have paid
by order of the Court in this cause.
From which decree the Complainant in the Original Bill and the
Respondents in the Cross Bill pray an appeal to the next term of the
Supreme Court to be held at Knoxville Tennessee on the 1st Monday of May
next which to them is granted upon their entering into bond with
security as required by law.
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