To the Hon. S. D. Frierson Chanceller & c for the Middle Division of Tennessee in Springfield, for the County of Robertson presiding.
Your Petitioners Mary Gilbert, Samuel Gilbert, Gwin Parks & wife Nansy Parks, Isom Treadway & wife Louisa Treadway, Thomas H. L. Gilbert all of lawful age & Nansy A., Louisa, Mary, Susan, Gustavus & John Jernigan to last of whom are minors & appear & Petition by their Guardian, Wesley M. Jernigan all of Robertson County, Tenn, & John W. Gilbert of Sumner County, Tenn, David Jernigan & his wife Mary Jernigan of Kentucky & John Armstrong & his wife Susan Armstrong of Texas, Honorably complaining would show unto your Honor that John Gilbert died intestate in Robertson County, Tennessee November 4th, 1857, leaving your Petitioner Mary Gilbert his widow and your other Petitioners then his only Heirs at Law & Distributers. Your Petitioners Samuel, Nansy, Louisa, Thomas H.L., John W., Mary Jernigan & Susan Armstrong being his only surviving children, and Petiioners the 6 minors aforesaid being the only children of Cassander Jernigan dec'd who is a deceased Daughter of Said Intestate. The said Intestate died seized and Possessed as of his own right of a Tract of Land lying in the 11th Civil District of said County of Robertson, containing by Deed 150 acres. He also died seized and posessed as of his own right of the following slaves, to wit: Charlotte aged about 46 years, Cyrus about 25, Matilda about 23, Van 20, Melissa about 3, & King 1 1/2 years. Said dec'd intestate ___lowed to Petitioners Treadway & wife negro Henrietta about 1851; she was then about 6 or 7 years old; Petitioner John W. Gilbert was advanced by said dec'd negro Wesley, about Feb 1854; Wesley then being about 7 years old: Petitioner Jernigan & wife have been advanced by said dec'd Negro Marctd about Aug or Sept 1857. She was 5 years old. Said Petitioners are willing to account for the present value of said slaves in a Distribution of the Estate of said dec'd. Petitioner John W. Gilbert has regularly qualified as the Administrator of said dec'd. The debts of said Estate are quite small, probably about $150.00 and probably there is about enough loose perishable no party to pay the debts.
Petitioners would show that a sale of the slaves aforesaid is necessary for Distribution among Petitioners. There being 9 Distribitive shares there is but 6 slaves on hand and they of unequal ages & values. Petitioners further show that a sale of the said Land would manifestly be to the advantage of all your Petitioners, as there is only about 150 acres thereof and 8 shares therein, the tracts if divided into 8 parts would be too small to be desirable. A division of the same would detract from the value of Petitioner's Interests therein. Petitioner Mary Gilbert has not yet had Dower assigned her out of said Land. Petitioners prey your Honor to obey the appointment of Commissioners to allot her Dower in said Land and to Decree a Sale of the said Land & subject to the orders Dower. Also a Sale of said 6 Slaves. Petitioners Gwinn Parks & wife Nansy Parks prey your Honor to settle upon her for and during her life all her share in and to the estate of said dec'd, and to Decree Petitioners Gwinn Parks the use of the same should he survive her during his life and that the same then go to her Brothers & Sisters or those legally representing them. They show that he has been unfortunate as to pecu..... ly difficulties and has become embarassed. They have no children & have been married a number of years. Petitioners prey for general relief.
John E. Gurne, Sol'r (Solicitor?)
State of Tennessee
Personally appeared before me Samuel Gilbert, Gwinn Parks, Isam Treadaway & John W. Gilbert.
Petitioners in the foregoing Petition and made all form of Law matters and things therein contained was true to the best of their knowledge, belief, ........... information.
Sworn to & subscribed before me this the 9th Dec'r 1857
Test: S. Gilbert J.W. Gilbert Isom Treadaway Gwin Parks
Attest Miles S. Droughan clrk
I acknowledge ........ in the sum of one hundred dollars as the Security of Petitioners for the costs of this Cause. Dec'r 9th 1857