Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-04-07
OFFICIAL.
Opinions OF the Supreme Court OF the state
of Tennessee, at Nashville, December
Term, 1885,

g. C. Wilkinson, wife Of " H. wilk'nson W. H. WkiasOu
and h 5 creditors.
This ia q contest between Georgette G. Wilkinson,
wife of William H. wilkinson and his creditors as
to certain properly in which che claims to have
separHte estate a9d denies its liability for his
debts.
These creditors have obtained judgments agsiBst
him, and have caused lsvies to be made upon this
property, and seek TO sell il his estate She bas
obtained an injunction to restrain them from its
sale and they, the ether hand, have filed bill
10 subject it to sale for the payment Of the debts
due them.
The property in controversy is parcel Of laed
in South Nashville cherry street, fronting that
street S04 feet, aud running back l65
Forty feet Of it we're bought from Robert Hender-
son, and co veyed by Isaac Paul, from " IOm Hen
dsrsOn had bought, on the 10th of November, lS49,
$4,000.
Ten feet were bought from Elisha Hall about the
year 1852, for $4,000, and 81 feet from the same
in the spring, say April, 1854 for $500 20, aud lag
feet were bOughE from Charles \. Wight, and cosG
$50 90.
The Chancellor deereei in favor Of Mrs Wiklu>
son, and held that the creditors could have valid
claim upon this properly, it being her s0ls and sep
arate estate.
In this decree we concur Il is shown 10 this re-
cord beyond all dispute, that she became the OWnsF
Of . valuable estate 10 slaves and money, under 3
under his will and that this estate was, by ds-
of The Chsneery Court at Nashville in Ihe year
1641, settled upon her; 10 her sole and separate use
for life, with remainder to her children.
In this Decree tbs said John N. Wilkinson Who
was the father Of the said William II was appointed
the trustee Of the said estate TO hold and manage
the same for the benefit Of Mrs. wilkinson and har
chi dreD.
As to the 40 feet bought Of Henderson, We have
no doubt Whatever, that it was purchased By John
NJ Wilkinson, the trustee for Mrs Wilkinson sn5
psid for out Of the trust funds
He is shown to have had no means OF his own
and could not have paid for it otherwise than out
Of the the trust estate.
But We are not left to rely upon his want of
means. That be had in his hands money Of the trust
estate sufficient to pay for It, is clearly proved and
that he 50 appiediG, he repeatedly dsclarsdto many
witnesses, and that the purchase was made for her.
He even went 50 far to mention the source from
which the money had come, namely, from Mr.. Bos-
lev And in his last illness called persons 10 bear
witness that the lot was hers that he had purchased
it win her money, and that The deei was taken to
himself yet il should have been to her, and he al
ways so intended; butthst his sohsd drawn The deed
contrary to his wishes; that II he lived, The title
should be put IN the proper parties and IL be died,
they were to be witnesses Of her rights.
He died 10 1854 snd al this took place before The
contest with the creditors, and, as We believe, be-
fore their debts existed.
Astoihis 40 feet Il is not pretended, that VIII |
liam H. wilkinson peid.for it, but only that he
quired il bv iuheriiance from his father. But the
declarations Of his father unexplained are conclu>
sive against him. and sgsins his creditors, Who in
this case stand no better ground than he does.
As to the residue Of the sS4 feet the weight Of |
the proofis that it paid for out OF her separ
ate estate; William H. Wilkinson so declared before
this contest with his creditors and this is evidence
against him and them. Besides we think, also, he
had no means WhereWith TO make the purchase.
But as to most Of the purchase money we haze
higher evidence.
IL is shown By the most unquestiOnabls testimo-
ny, that Mrs. Bosley, the grand mother OF Mrs.
Wilkinson, in the fall Of the year, 1858, in diVs
lou Of large sum Of money among her children !
and grandchildren, gave 10 her, 70 her sole and
separate use note on Mark COckrell for 900 90
which was sold, and $4,000 realized from 4, and