Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-01

II s. 81 u -
their bill, making the said Harriet and
'Catharine, with. their regular guardian,
John B. Warren, defendants, and repre-
senting that it would be to; the manifest
advantage of both the life estate and the
estate In remainder that said slave Jim
should be sold and the proceeds invested
in a young negro woman, and praying for
such sale and investment, or for the ex-
change of said negro Jim for a negro
woman or woman and child, as might be
deemed most proper and expe-
dent. Upon q reference to the Clerk
and Master TO take proof upon the
subject, that officer reported fayorably
and recommended the appointment of a
Commissioner TO carry out the object of
the complainant. The defendants, Will
liam B. Beattie and Daniel ]. Wilmington,
were, by the decree of the court, ap-
pointed Commissioners to effect said sale
or exchange at the February term, 1859,
of SAID court, and accepted said trust.
That part of the decree which imposes
said trust is in the following words: cit
is therefore ordered, adjudged and decreed
by the court that William B. Beattie and
Daniel ]. Wilmington be appointed Com,
m1ssioners, who shall be and are hereby
empowered to exchange or swop said boy
Jim. for young negro woman or young
woman and child, and upon such swop
or exchange, said Beattie and Whiting
ton are authorizedto execute bill of sale
as Commissioners for said boy jim, and
in consideration thereof, they are further
authorized to take title to such negro wo-
man or woman and child to the said
Martha Wynns for and during her natural
life, with remainder in such slave or
slaves to the infants Harriet w. and
Catharine V. Wynns. The said Com
missioners, before such exchange, will
carefully investigate the title to any such
slave or slaves as they may propose to re-
ceiye in exchange for said boy Jim-or
if the aforesaid Commissioners to effect
the end desired, should deem it
best to sell said slave, then they
are empowered 80 to do for cash,
or on any time not exceeding ten months
either at private or public sale, taking
and giving bills of sale as hereinbefore
directed-and if sold the said commits
sioners shall retain lien on said boy I'M
til the purchase money is paid, on all of
which matters said commissioners shall
make due report at the next term of this
court" At the February term, 1860, the
defendants reported that they had found
it impracticable to exchange said negro
boy Jim for woman or woman and
child, and that they had sold the negro
boy for one thousand dollars, his full
value, and taken the purchasers note with
good and sufficient security, due the 25th
December, 1859, and that they had not
been able to invest the fund in a negro
woman as contemplated when they were
appointed commissioners for that purpose.
At the same term, the order for said in
vestment was by the court renewed At
the August term, 1860, the commission
ers made further report that the purchase
money for said slave had not yet been
paid, and thereupon judgment was rem
dered against the purchaser for the sum
due, amounting to 81, 041.95 aud execu-
ton awarded. From the said August
term, 1860, to the February term, 1866,
no further steps seem to have been taken
in the cause. At the later term the
commissioners were ordered to
make their report if practicable
and if not practicable they were allowed
until the term following, at which time,
August, 1866, they reported the payment
of the purchase money and interest,
81, 1875. Is on the 10th January, 1861, to
R. A. Mcdonald, acting Clerk and Mas
ter; that they had found it impossible to
purchase such woman as the complain
ant wished for said sum of money after
repeated efforts; that they had arranged
it with the complainant and with the
guardian of the children to increase the
fund by contribution of one-third from
the complainant and two-thirds from the
estate of the children, so as to raise the
amount to 81, 400. 90, and that the author
ity of the court was to be invoked to that
end; but the war intervening their plans
were interrupted; that being fearful in
the then disturbed state of the country
that the money would depreciate and be-
come worthless, they were unwilling to
receive it, and they had loaned the fund
to Messrs. Mcdonald s. Kelso, then be-
lieved to be perfectly good, taking their
note for the amount. That as they could
not invest the fund as directed, they had
loaned it in order that it might be pro-
ductiYe TO the parties interested; that said
firm of Mcdonald Kelso have never paid
any of said note except $50 90 on account
of interest which was paid to
complainant Martins; that suit had
been brought against Henry Kelso
one of the parties, and the note
filed with the trustee of R. A. Mcdonald,
who had made an assignment of his pro,
perty-and that they are hopeful of sue.
cess in securing the debt. --.- .-.-
The complainants excepted to the re,
port:
l. Because it does not show that the
trustees used proper diligence in collect
ing the said purchase money from the
purchaser of said slave.
2. 1t does not appear from said report
that they made any effort to invest the
same as directed by the Court after it
collection.
8. That they were not authorized t.
loan said money.
4. That they did not demand and re
ceive security from Mcdonald & Kelso
the borrowers of said fund.
| The exceptions were sustained and thu