Knoxville weekly chronicle. [volume] (Knoxville, Tenn.) 1870-1875, 1874-05-06
A SUN INVOLVING MANY THOUSANDS
The ChurehwelI Estate aud the Sanity of
GhurchwelI Involved


The ChurehweII Estate aud the sanity of |
Churchwen Involved.
A very interesting and important suit Is
pending and now being tried in the
Chancery Court of this county before Chas.
d. McGutfey, Esq, Special Chancellor,
and jury composed of some of our best
business men. The suit involves the ques-
ton of the sanity of Geo. w. Churchwell
in 1857 and in 1851, and the title to his real
estate now held by his wife.
Mrs. Sophia NJ Churchwell was the
second wife of Geo. NJ. Churchwell. She
was daughter of William Park, who, by
his last will and testament, executed on the
Bird day of January, 1915, bequeathed to
her separate estate to be free entirely from
her husband, but in case she died without
issue at her death, then said estate was to
be divided equally between the children of
Ann Eliza Armstrong and the children of
Susan Wells Moses.
This scperate estate in 1850, when it was
transferred to Geo. NJ. Churchwell by
Drury Armstrong, Trustee, amounted to
about SIC, 500.
To secure this sum, about January, 1857,
Mr.. Churchwell executed a deed of trust
to Hugh L. McClung, Clerk and Master of
the Chancery Court, on two farms, some
personal property and several lots in the
city OF Knoxville. This deed il is claimed
was executed when Churchwell was in
sane. In 1861, while her husband was in
volved and threatened with bankruptcy,
Mrs. Churchwell filed bill in the Chan
Gerry Court to enforce the deed of trust ex-
ecuted in 1857. These proceedings, it is
charged, were rushed through court hasti-
ly, and by collision between Churchwell
and his wife.
ITudar t,is daoraa buY De ,Nro,,art,,
was sold as follows: One farm about two
miles north of the city-the ferry farm,
just south ofthe river, some personal prop
erty and two lots in Knoxville, one on Gay
street, and one on State street. This prop
erty, which it is alleged was worth So, 600
was bought in by Mrs. Churchwell through
her trustee for the sum of SIT, 034 46-the
amount due her for her separate estate with
interest, which passed into her husbands
hands,
WHAT THE PRESENT TRIAL DECIDES.
The heirs of Mr.. Churchwell are Mrs.
Jos. A. Mabry and Mrs. G. w. Charlton,
and they allege that the property convey
ed lin trust for Mrs. Churchwell was
more than enough to pay her claim and
that their father intended it as a trust
for them as well as his wife. Their bill of
complaint alleges that Geo. w. Church
well became of unsound mind during a
trip made by him and his wife, Sophia M.
Churchwell, to New Orleans in 1S41 and
| 1913, and that whereas before that he was
attentive to his business thereafter he be-
| came negligent and inattentive to pro-
| fessional and private business, and that his
wife had great control over him and the
question of fact made by the pleadings was
as to the sanity of Mr.. Churchwell during
the period of these transactions, and by
agreement of counsel a jury was en-
panelled to decide it.
The three issues to be tried by the jury
| are in substance as follows:
LIST. Was Geo. w. Churchwell sane
when he executed the deed of trust in
January, 1887, to Hugh L.. McClung
Clerk and Master, to secure the separate
estate of his wife, Sophia M. 'Churchwell,i
I'd. Was Geo. w. Churchwell SANE
| in 1861. when the proceedings were had in
| the Chaneery Court, to enforce the deed o.
trust before mentioned?
| 3D. Were the proceedings in the Chance
nv Court aforesaid through collision anC
| fraudulent?
The case being one of great magnitude
Sheriff Gossett summoned special jury a.
follows: Geo. HI. Smith, r.. S, Payne, ID
A. Carpenter, r. G. Jackson, s. ID. ]. Lew
is, Henry Ault J. w. Cruze, r. H. Eding
ton, ]. b. Hoxsie, II. l.. Bradley, II. Clapl
and w. t. Osborne.
Chancellor Temple being incompetent
a special election was held by the Bar un
der the statute, and Chas. d. McGuffey
Esq, was elected. Considering the mag
nitude of the case, and the great mass 0
evidence and pleadings, making the cas-
an intricate one, the selection shows thu
Mr.. McGuffey enjoys the confidence an
respect of his professional brethren in
r marked degree. That he will give tn
case faithful and impartial hearing II
one who knows his ability or characte
will doubt.
The following counsel appear in tn
= cause: For the Complainants-Judg
: Brown, w. p. Washburp and Geore
t Washington, Esq's. For Mrs. Church
: well-Col. John Baxter and Messrs. Cock
r & Henderson.
: The issue involves not only the value
= this particular estate, but should Church
f wells insanity be sustained, it might il
d volve other valuable property in this cit
n transferred after his alleged insanity. The
e is doubt expressed, however, wheth
?, these deeds could be annulled. 1t is sa
o some valuable property in Illinois, tran
= ferred by Mr.. Churchwell, upon which
d town has been built, is to be sued for.
n Testimony has already been introduc,
F. in the cause now pending showing Churc
wells insanity. Quite as strong evidenc
l. it is alleged will be introduced to pro
a his sanity, and important business transa
l. tions showing not only sanity, but IA
:, business sagacity, it is said, will be show
MAY DAY.
Ie Long Farewell 20 the weather OF Apr
Y as5s.