My Family Tree is Full of Nuts

Origin of the Name Epps

     John Frederick Dorman a certified genealogist indicated in “Ancestors and Descendants of Francis Epes of Virginia Vol. I,” that the American Epps ancestors lived for centuries in the area around Ashford, Kent County, England. They came to the Virginia colony shortly after the Virginia Company of London established Jamestown.

According to Dorman Roger Eppe whose name appears on the Hundred Role of Fourhowe, Norfolk in 1273 is the oldest known reference he found in England’s documents. In 1409 a John Eps and Stephen Eps appear as witnesses on a deed in Kent County. In 1459 William Aps alias Eps of Lamberdherst, Kent County alias Sussex County, was summoned concerning a debt he owed to a fishmonger of London.  Stephen Aps of Sussex County in 1463 was also involved in a court action concerning a dept. There is a Robert Epse who is deputy in the town of Rye, Kent County in 1433 and 1435 and later mayor of Yarmouth in 1436.

It can be seen these early English sources spelled the name in various ways: Eppe, Eps, Aps, and Epse. These variations come from medieval scribes who worked without any spelling rules. The etymology of the Epps name taken from various internet sources says it is an English variant of the names Ebbs of north Germany or Apps which is a Dutch.

Ebbs is the short form of Ebbert in north Germany. In medieval time many different cultural groups lived in the German states. This caused regional variations of German surnames. Some spoke Low German that is the dialect of those living in the northern low lying lands of Germany that is similar to Dutch.

Apps is a Dutch variant of Epps. The Old English, which is of Germanic tribal origin, had a variant of Apps spelled Apse. The root meaning of both of these variants refers to someone who lived near an aspen tree. Both the Dutch “van” and German “von” which mean from or of are used as a prefix to some of the various forms of the Epps name as in van Epps or von Epps.

Some of the numerous spellings of Epps are: Epple, Epp, Eppe, Eps, Ebs, Ebbs, Epps, Epes, Eppes, Eppling, Eppel, etc. Epp and Eppe is a Dutch pet form of the Germanic personal name Eberhardt.  Some of the individual names that appear in ancient German chronicles of various towns are Eberhart and Friedericus von Ebs in 1190, Albertus Dictum Eppelin in 1283, Rudel Eppfeler in 1367, and Nicolaus Eppler in 1390.  Compare these variations with the previous early English forms Roger Eppe 1273, John Eps 1409, William Aps 1463, and Robert Epse 1433.

Clearly the Epps name has its roots among the Germanic tribes living in the European low lands. A review of Kent’s history follows which will document that people whose name would become the English Epes were in Kent at least by the sixth century. This review will also point to a Germanic tribe called Jutes as those who brought the name that became Epes in Kent.

Read the rest of this entry »

John G. Epps is the oldest son of Hugh M Epps. He was born about 1840 and is listed with the family of Hugh on the 1850 census age 11 which is probably not correct since his parents married in December 1839. The best guess as to his middle name is Graves which was his grandmother’s maiden name, however another possiblity is Gilbert which was the name of his uncle. There is no record of John ever marrying. John enlisted in Company D 8th Tennessee Infantry Regiment on 18 May 1861 at the same time as his cousin John Norris Epps who was the son of his uncle James Craton Epps. He would have been about 20 when he joined the fight. His rank was Sergerant of Ordance. Ordance refers to military firearms, cannons, ammunitin and all equipment supporting the firing of these weapons. It is surprising that at such a young age he had the rank of Sergeant and perhaps this indicates he could read and was better educated than the rank and file Privates. Nothing definite is known about John’s life in the military until the Battle of Stones River near Murfreesboro Tennesse where he was wounder on 31 December 1962. He was captured on the 8th of January 1863 and died of his wounds in a Union hospital in Nashville on 8 February 1863. Before that time we can assume his activities were the same as his cousin John Norris who was in the same unit and gave some information to the state of Tennessee when they interviewed him.  John Norris and John G Epps were first sent to Huntersville, West Virginia to participate in General Lee’s ill fated Cheat Mountain campaign. John Norris said the unit mostly wondered about the moutains in the rain and fog for seven days not ever knowing where they were until their food ran out. From there he went with his cousin to South Carolina for winter camp. Later John G Epps would have been in battles at  Corinth, Mississippi, Perryville, Kentucky, and others until his last at Stones River. Not only was he mortally wounded at the Battle of Stones River but his cousin Lawrence Epps was also severly wounded and captured. Even John Norris was wounded in his foot but escaped capture.

James C Epps is the son of Pleasant Epps who died when James was about 6. Pleasnt is the son of Lawrence and Elizabeth Epps. James married Julia Ann Taylor 24 Dec 1860. Four months later he enlisted in the Confederate Infantry in Lincoln Co. nicknamed  “The Boon’s Creek Minute Men” or “Boon’s Hill Minute Men”. While away at war he died and probably never saw his daughter M Jane Epps born in Lincoln in 1862. James said he was 23 when he enlisted but he lied about his age 1850 Arkasas census records show he was only about 14 or 15 at that time.

The “Fayetteville Observer” 9 may 1861 printed a list of those members of the company at muster. It stated: Herewith may be found the article of agreement of this company, together with a complete list of the members. A friend who knows them well, says that a better company was never mustered into service from Tennessee, and we have no doubt he is correct. We know that it embraces some as choice spirits as ever shouldered a gun. We the undersigned contitute ourselves Minute Men for the service of the Confederate States of America. We pledge our honor and all that is near and dear to us, to stand by this obligation at all hazards, and sign with the full knowledge of the fact that Peter Turney has authority from the War Department of the Confederate States to raise a Regiment of  Tennessee Volunteers for its service, and we are to be ready to march at the shortest notice from the said Tennessee whenever, wherever and however the occasion may require. Let him who backs down be published to the world as a coward, and the fact thrown into the teeth of his kith, kin, and children. As soon as the list shall receive all the names that can be obtained, the Captain is to report to Peter Turney at Winchester, who will report to the proper department.

Roster information of the First Tennessee Infantry Regiment Company K: Epps, James C. Enrolled 29 April 61 at Boon Hill, Lincoln County, aged 23; present to Dec 61; present Sep 62 until absent Jan & Feb 63, detailed on recruiting duty; present Mar & Apr; died of wounds received at Chancellorsville, Va., 8 May 63l. Buried at Hollywood Cemetery, Richmond, Va., 1 July 63.

• Lawrence Epps died intestate about 20 June 1861. The court ordered the sale of his land to pay off his debts. A family law suit followed in 1867 It was not until ten years after his death that the sale of the land was completed.
•  On Oct 17and 18, 1861 James C Epps administrator of his father’s estate sold his personal property. The accounting of the price of each article sold and who purchased it was recorded by the Lincoln County Clerk J T Grossman in Jan. 24 1867. Most of the purchases were on credit with a twelve month period for payment. The sum of the sale amounted to $100 exactly. The largest purchase was made by Hugh M Epps when he paid $38.80 for three hogs. Details on this sale can be seen under Buck’s Corner.
•  Court appointed Charles C. McKinney August 1867 for minor heirs of Estate of Lawrence Epps.
•  Court amended bill of J. C. Epps vs Hugh M. Epps et al Feb 1 1868
•  April 29, 1871 the following deposed: T. M. Blakemore, E. T. Thomas, James Jr. Epps, James Craton Epps Sr., Hugh M. Epps
•  May 5, 1871 continuation of depositions: Lawrence Epps son of James Epps Sr.
•  May 19, 1871 continuation of depositions: James Armstrong, Isham Sorrell, Joseph Cole, James Epps, E. T. Thomas
•  June 1,1871 continuation of depositions: Ex county clerk D. J. Whitington testified that in his experience the fee of $15 asked for by J C Epps for services as administrator is acceptable.  
•      September 28, 1871 the land was sold by order of the court. The buyer was John Norris Epps. He is the son of James Craton Epps Sr. who is the administrator of his father Lawrence Epps estate. John paid $1310.09. He took out two notes that are due at 1 and 2 years from the sale date. The securitors of this debt are James Craton Epps his father, James Epps his brother, Daniel Franklin Moore and Alexander P. Clift his brother-in-laws.
•  On February 5, 1873 John Norris and his first wife Sarah Cole Epps transferred the land  to James F Renfrow in exchange for assumption of the debt on the land

The following is the earliest document preserved in the archives of Lincoln County regarding the Epps family law suit over settling the estate of Lawrence Epps. As the various documents published hear are read a window in time is opened into many of the private conversations that occurred between Epps relatives and also their interaction with neighbors. The depositions help us understand some of the hardships that occurred for this family shortly after the end of the Civil War. Many clues for future family historical research are found in these documents.  In transcribing these ancient hand written documents an effort is made not to edit it but to preserve the original spelling, grammar, capitalization, and punctuation used by court reporters. Chris Wheeler copied the original records in Lincoln County and shared them with the transcriber Lawrence W Epps.

Jas. C. Epps Adm. and Guard ad Litem  Pro Connfesso vs   Hugh M Epps et al         

Chancery Court Tenn.  August  1867       

In this cause it appearing that the minor Defendants to wit Margaret Ann, Mary Panter. Mary and Sarah Pruitt children of Larry Pruitt dec. and a child, name unknown, of John Panter dec., have no regular Guardian, it is ordered by the Court That Charles C. McKinney be appointed Guardian ad Litum to answer for the same—

And further appearing that publication had been made in the “Lincoln County News” a news paper published in the Town of Fayetteville for four weeks in succession preceding the present Term of Court requiring the non resident Defendants, Wm Panter, Gilbert Epps, Elizabeth Cole, John Cole, Malinda Panter, Larry Panter, Mahala Causley, Wesley Causly and Nancy Panter to please answer on _?_ to Complainant bill at the present term of the Court, and having failed so to do within the finish _?_ days of the term, it is then fore ordered adjudged and decreed that said bill be taken for confessed And set for hearing expart, as to them

The document below gives the complaint of James C. Epps the administrator of his father Lawrence’s estate who died intestate. The court had order that the land of Lawrence Epps deceased should be sold to settle the debts against his estate. James pointed out that the farm was in such poor condition that it could not even be rented much less sold for reasonable value. Therefore James C Epps moved onto the land and began to restore it to good farming condition at considerable out of pocket expense. It was his desire to recover this expense from the sale of the land before the remainder was divided between the heirs. The court was to ascertain proof of his expenses so an equitable settlement could be made between all heirs.

Filed February 1st 1868 before R. Farquhason Clerk & Master Chancery Court of Lincoln County
To The Honorable John P. Steele Chancellor and presiding at Fayetteville, Lincoln County, Tennessee.
The amended Bill of James C. Epps to a Bill heretofore filed The Honorable Court

Your Complainant James C. Epps a citizen of Lincoln County, Tennessee would show unto your Honor. That Lawrence Epps, late of said County and State, departed this life about the month of June 1861, Intestate, leaving him surviving no widow, but the following children and grandchildren–Hu M. who resides in Lincoln County, Tennessee, Margaret J. who intermarried with Thos. Cummings, who died before intestate, she residing in said County of Lincoln, but not made a Defendant, Gilbert, who resides in Mississippi, James C. your Complainant, Hepsey, who married William Panter, she having died about 15 year ago, leaving following children–Elizabeth who intermarried with John Cole, Malinda who intermarried with ______ name not known, John who died leaving one child, a minor, whose name is unknown, Larry, Mahala who intermarried with Wesley Causby, Nancy, Margaret, a minor and Mary Painter, a minor, all residing in Arkansas, Mahala who intermarried with James Pruitt, she having died about 30 years ago, leaving two children, to wit, Mary who intermarried with B. F. Harkins, who resides in Lincoln County, Tennessee, and Larry, who died in 1865, leaving two children Mary and Sarah Pruitt, minors, residing in Bedford County, Tennessee and have no regular guardian, known to Complainant.
Pleasant Epps, who died about 15 years ago, leaving one child, Wm. Epps of full age, residing in said County of Lincoln, but he is not made a Defendant. Intestate had another son who removed to Texas and has not been heard from in 15 years, and supposed to be dead–he left no children surviving.
The foregoing are the only children and grandchildren and heirs at law of said intestate, known to Complainant.
Complainant would now show unto your Honor, as shown in Bill of which this is an amendment That he was duly qualified as Admr. of intestate as set forth in said original Bill.
Your Complainant would show That said Bill was filed for the sale of a tract of land. The boundaries of which Tract of land are minutly set forth in said original Bill and for the payment of debts of intestate, and for a distribution of the remainder of the proceeds of said lands to the several heirs entitled to the same.
In addition to the facts set forth in said Original Bill, Complainant would show unto your Honor. That in the year 1864 your Complainant as admr. of said intestate endeavored to rent said Tract of Land, but owning to the unsettled state of the County he failed to rent the same. That in the year 1865 the said Tract of Land being very much abused. The fences destroyed, and the dwelling and out houses being in a dilapidated condition. Complainant moved on said place, and has remained on the same up to the present time.
Complainant would now show unto your Honor. That he has made valuable improvements on said place. That at great trouble and expense he has built a kitchen, repaired the dwelling houses and stables and has repaired and rebuilt fences that were destroyed during the late war. in fact Complainant has, out of his own means and labor, placed said Tract of Land in good farming condition, which before was in a situation that rendered it entirely useless.
Complainant would show unto your Honor that his expenditures, improvements and labor on said place would amount to between Three Hundred and Four Hundred Dollars.
The premises considered Complainant prays that all the foregoing children, grandchildren and husbands of living female consorts be made parties, except said Margaret J. Cummings and Wm. Epps. That publication be made for the nonresident Defendants, and all necessary process used to bring all the resident Defendants before the Court. That they be required to answer J C, that guardian ad Litem be appointed to answer for the minor Defendants who are without regular guardians as far as Complainant knows. And at the hearing of the cause may it please your Honor to order that proof be taken to ascertain the amount and value of improvements placed on said Tract of Land by Complainant and Complainant prays that the same be allowed to him whatever amount the court may deem. And for such other and further relief as the nature of the case may require and as in duty bounds your Complainant will ever pray
Bright and Bright
Solicitor for Complainant Read the rest of this entry »

The following deposition was taken at the office of the Clerk & Mater of the Chancery Court at Fayetteville upon notice on this the 29th day of Aril 1871 to be used as evidence in taking a stating the account ordered in this cause. These original records are hand written and difficult to read. Buck Epps did not correct the quaint spelling and punctuations or capitalizations of the original. In some places it was impossible to read the documents.

T. M. Blakemore being first called and sworn according to Law deposing says,
I expect I am acquainted with the parties of this suit. I am acquainted with the land in the following mentioned. I have done some work on the place. I worked outdoor fences and shelters. The value of the work was $300 I think. The repairing of the house was $300.70 according to my recollection which amount includes the $300 for work done on ? before mentioned. I think I know the condition of the place at the end of the war. The place was in bad repair. The improvements are permanent and enhance the value of the place.
Cross Examiner
Before the improvements were placed on the place I was acquainted with the condition of the place passed it several times and went through the place. The work done on the place was necessary work.
And further the depossent saith not. Signature of T. M. Blakemore’s
claims 1 day and 22 miles

E. T. Thomas being next called and sworn according to Law deposed says,
I am acquainted with the land belonging to Lawrence Epps deceased. I am not a carpenter. I commenced the work done on the place and Mr Blakemore valued it. A farmer is not a proper person to value a carpenters work, the work was not done by a regular carpenter and I suppose the valuation put on it by Mr. Blakemore was about correct. Mr Blakemore is a regular carpenter. My place faces the Epps place. At the end of the war the plantation was out on the (commons?) I mean by that the house was not in any condition to live in—In 1865 and 1867 & 1869 it was worth about 2 cents per rail to make them and put them up or $2.00 per hundred— at present the place is in only tolerably good condition— There is a creek running through the place. It is necessary that this should be water gated on the place— Any ordinary price for water gates that will stand the flood on that branch reasonably worth $5.00— I think it might be worth about $200 per hundred panels for tearing down and resetting the fence on the place— The value of the place has been enhanced by the improvements placed on it since the war. The value of the land is enhanced on the account of the value of the improvements.
Cross Examined
Mr. J. C. Epps took possession of the place as administrator in the Fall of 1861 and H. M. Epps bid it at $2.00 per acre— If he rented it out publicly any more I never knew it— I think he took possession of it himself in1865 and commence repairing it— there was a man by the name of Mullins on the place in 1864 but I do not know who put him there. He was there only for a short time. J. C. Epps took possession himself in the spring of 1865 and has had possession ever since. I think the place would have been reasonably worth for the year 1865; $90.00 and also for each year to the present time since 1865. That is ninety dollars per year— Lawrence Epps died about 20th day of June 1861— J. C. Epps had a part of the farm in wheat that year, 1861, and had a part in corn. I don’t know what disposition was made of the suits that year. I was present at the sale of the personal property belonging to the estate of Lawrence Epps by his administrator. There were none of the products of the farm sold at the sale. House hold and kitchen furniture and stock hogs were sold at that sale and one cow. I saw J. C. Epps have a note in his accounts payables to Margaret Cummins executed by Lawrence Epps deceased and also saw him tear the name off and throw the note (can’t read the whole next line) …. what he was doing, he then picked up the note and put it in his pocket book. Said note was for the sum of $100.00 or about that. I don’t know how J. C. Epps came in possession of the note.
Re Examined
Mr. Hugh M Epps was a prisoner in 1863 but his family was (whole line unreadable) … Mr. Epps was cultivating a portion of the place in grass—I don’t think I can state what each of the parties had in cultivation. I think Mr. James N. Epps had in about 12 or 15 acres. In the year 1863 the place was cultivated and the wheat crop was good but the corn crop was lost on a great portion of it for want of a fence—Taking into consideration (whole line unreadable) … Hugh M. Epps was called away—I think that half rent that is $45.00 would be sufficient rent for the place for the year 1863. (Note by Lawrence Ward Epps the transcriber in July 2007 of this document: The previous statement “was called away’ indicates Hugh joined the war. Records show he was a Private in 1st Tenn Cavalry. This is why E. T. Thomas said he should only be charged for half a years rent. Mr. Thomas is also correct when he mentions Hugh “was a prisoner in 1863”. Military records say he was captured at Lincoln Co. May 23, 1863.)
It was always my understanding that the wagon in which Margaret Cummins moved away in was a partnership wagon belonging to Thos Cummins and Lawrence Epps. I think I have heard told Thos Cumming and Lawrence Epps say that the wagon was partnership wagon—I don’t know anything about Mrs. Cummins giving up the note for her husbands part of the wagon—Where Mrs. Cummins ?? ?? she sold the wagon and appropriated the fund for her own use—My recollection is that Lawrence Epps bought the harnesses from Stephen Flynt for which he was to pay every Dollar.
Re Cross Examined
{ A few days before Thos J. Cummins left for Arkansas he said to me that he would let Lawrence Epps have all the crop on the East side of the road and he reckon that that would make them about even. There was no one present but myself and Thos Cummins.}
The above in brackets objected to by Counsel for Complainant for in competency and irrelevancy.
Bright & Bright
{Re Examined by Plaintiff}
Lawrence Epps got the benefit of the crop on the East side of the road his stock eat it that is he fed it to them. There was about 12 acres of the crop on the East Side of the road.
{Re Cross Examined by Default}
I know that Margaret Cummins waited on for several years her mother like a child after she was parelized but I don’t know whether there was any stipulated recompense or not
And further Depossent saith not – signature of E. T. Thomas
Claims 1 Day
James Epps being next called and sworn according to law deposing says-
I am acquainted with the parties to this suit. I have examined the paper Marked Exhibit “A” and made a part of this my deposition-
I saw aunt Jany, Mrs. Cummins give the note to father Mr. J. C. Epps in the yard at my grand fathers Lawrence Epps and Mrs Cummins said when she gives? it up “here it is it has always been a grudge ever since I had it”- she did not say any thing about its being paid or anything about- It was the evening before she started to Arkansas. I heard my grand father say that he was not going let the wagon go until he got pay for his part- I don’t recollect that I heard him say anything about the note-
Cross Examined
I was not at Petersburg in stead of at my grand fathers that the note was given up. I even told Mr. Hugh Epps that the note was given up
Re Examined
I don’t recollect of ever having any conversation with Mrs. Hugh Epps about the note
And further Depossent saith not- signature of James Epps
Don’t claim

James C. Epps being next called and sworn according to Law deposing say-
I am the Complainant in this cause. I know nothing about what the note was given for or what it was … ? to except from the face of the note. {I went over to help them Mrs. Cummins to start off to Arkansas and my father said that he was not going to let the wagon go until he got pay for his part of it and my sister come to me and asked me to go and see father and see if he would let the wagon go if she would give up the $100.00 note, and her father said” if she would give up the note to let the wagon go for they would go any how”}
The above in bracket objected to by Counsil or Defendant for incompetency & irrelevancy & for being the declaration of the dead
And I went and told her what father said and she went and got her pocket book and give up the note and I torn off the name as Mr. Thomas said in his Deposition. {After this had taken place father said that he was in the notion of giving her Some mothers bed, that there would be one for me and Hugh left and did so telling her to take bed clothes for it but to leave him sufficient bed clothes to keep him comfortable. This was all that occurred at that time}
The above in brackets objected to by Defendants Counsil for incompetency irrelevancy and because it is the declaration of the Deceased-
In 1862 when I rented the place to my brother Hugh there was a pretty good fence around it-
In ..can’t read several words ….rents for that year. The rents were worth $120.00. he bid the sum off
$2.00 per acre, there being 60 acres- his family has it in 1863 and was worth ninety Dollars- {When Hugh M Epps got the place there was a good fence around the place and when I got the place in 1865 I had to put one hundred and twelve new panels of fence and all the old rails I could get on it. There being no fence between Thomas – which joined the place.}
The above in brackets objected to by Defendants Counsil for incompetency & irrelevancy- the question of damages not being a matter in controversy.
I don’t know how the rails were destroyed. I then? Will file a paper marked Exhibit “A” to this my Deposition and made a part of the same, said paper settling the refinancing and value thereof done on the place- and at the times made- In 1864 I received no rent for the place. Since
the close of the war I think rent of the place up to the present time is worth about $90 per year.
The amount of asset which came into my hand as administrator amounted to about $80. I hae exhausted all the assets of the Estate in paying the debts.
The estate is indebted in the following amounts. Saml Talley holds one claim against the Estate for $12.00 or $13.00. There is also the balance of about $25.00 to $30.00 an Execution against father and my brother Gilbert Epps holds a note against the Estate of $100.00. I hold a claim against the Estate of $144-my claim is for money advanced in redeeming the land. As mentioned in the Bill John Lee’s claim for about $15.00 and Harris McKinsay’s claim for $13.00. Reference is …can’t read several words…the Bill filed in this cause. Mrs Cummings is also setting up claim for one hundred Dollars against the Estate and Hugh M. Epps is also setting up claim against the Estate $147.00 money loaned the deceased which several amounts constitute the indebtedness of the Estate.
I will take some of the funds arising from the sale of the land to pay off the indebtedness of the Estate. The land is not susceptible to an advantageous division among the heirs—After selling a sufficient amount of the land to pay off indebtedness of the Estate the number of acres of land being 79 3/4 and the number of heirs seven.
It is manifestly in the interest of all parties that the land should be sold for payment of debts and for distribution among the parties entitled there to. I have purchased the interest of Margaret Cummins and Wm Epps in the land and have deed for the same and I will file the same Marked Exhibit “B” & “C” respectively to this my Deposition and also file copy of settlement Marked Exhibit “D” to this my Deposition which shows assignment ? for Debts & taxes paid & c
Cross Examined
In 1864 I rented part about 15 acres of the place to Manly? Mullins he was to have the place for $2.00 per acre and I was to allow him $1.00 per hundred for rail he would make and put up
Re Examined
I never received anything for the place in 1864
Re Cross Examined
I remember that there was $30.00 of Hugh M. Epps which my father got and that is all I know about it.
And further Depossent said I not signature of James C Epps

Hugh M. Epps witness for the Defendants being next called and sworn according to Law deposing says-
{I loaned my father some money $82.00 in May 1849, in Nov 1850 $35.00 in Dec 1850 $30.00; the $30.00 is the money spoken of by J. C. Epps}
The above in brackets objected to by Complainants Counsels for incompetency
Bright & Son
And further Deposset saith not- signature of H. M. Epps Read the rest of this entry »

Note: Lawrence Epps the first witness below lived at this time near Christiana in Rutherford County Tennessee. He is the brother of John Norris Epps and the transcriber of these court documents Lawrence Ward Epps’ great grandfather.

The taking of depositions in this cause being resumed according to adjournment on this the 5th day of May 1871-
Lawrence Epps being called in behalf of Complainant & sworn according to law deposing says—
Question by Complainant– Were you present at anytime, and did you hear a conversation between Mr. J C Epps & Mrs Margaret Cummins about a $100.00 note which her father had executed—if so state, where that conversation occurred and all that was said?

Answer I was present when such a conversation occurred- It was in my Grandfathers (Lawrence Epps) yard, the evening before Mrs Cummins started to Arkansas—My aunt Mrs Cummins came to my father, the said J C. Epps, and asked him to see her father, and ask him—That if she would give up the $100.00 note would’nt he let the wagon go? Father went and saw Grandfather, came back & told her that he had given his consent—she then went in the house and got the note and gave it to my father—I heard my Grandfather say afterwards, that if Mrs Cummins had not given up the note the wagon should not have gone—
Cross Examined
I don’t recollect exactly, when the occurrence above spoken of occurred, but I think it was in 1859. I think it was in the Fall of the year—I did not hear what my grandfather told my father when he went to see him about the note—I had never heard my Grandfather say anything about the note before the time above referenced—My Brother James, Mrs E. T. Thomas and myself were present at the time this conversation occurred between my father and Mrs. Cummins—They were all present I think when Mrs. Cummins gave up the note—
My father when the note was give to him, tore the name off and put it in his pocket book—He dropped the piece containing the name on it down on the ground—but he did not throw the note down—Mrs. Cummins told my father that he had better keep the name—This was all that was said at the time—I don’t know if brother James heard the conversation between my father & Mrs Cummins or not—They were close enough to have heard it—(I heard them say that Mrs Cummins went through Petersburg when she went to Arkansas but I don’t know that she actually did go through there)
All in brackets objected to for its relevancy & incompetency and as hearsay
Bright & Son
I will be 29 years old the 2nd day of next December—My father had some wheat sowed on My Grandfathers place The year he died—My brother James was living on it also, that year—I was at the sale and present part of the time during the sale by administrator of my Grandfathers property Deceased? I don’t know if my father as Administrator sold any of the crop raised on the place or not
And further depossent saith not signature of Lawrence Epps
Claim 1 day lives 42 mile off

Hugh M Epps being recalled by Defendant …illegible words…deposing says—
My Brother J C Epps & his son James cultivated my father’s land the year he died—James Epps was put on the land by his father J C Epps—I was present at the administration sale, and none of the crop raised on the land that year was sold—I think that land was worth $2.00 per acre rent (money rent) that year—
Cross Examined
I heard Mr J. C. Epps & his son both say that, Mr J C Epps put his son on the place—Mr J C Epps cultivated some 35 or 34 acres about ..illegible words… acres in wheat and the balance in corn & James cultivated 12 or 15 acres in corn—I cultivated about an acre of it that year in grass—I think it was not rented to me—I just took possession of it—I never have been in the habit of renting land and rented land the year spoken of—I rented land that year—I paid two dollars per acre for wheat land and $3.00 per acre for corn land—My Brother J. C. Epps took care of my father during his last days—I mean for about two weeks before he died—
And further depossent saith not– signature of H. M. Epps

Continued to Friday 19th day of May 1871 by consent
D. W. Clark Clk & M

The taking of Depositions in the cause resumed according to adjournment this 19th day of May 1871

James Armstrong being sworn according to law deposing says—
I was at Lawrence Epps house a short time before Mr. Cummins and his wife Jane Cummins left for Arkansas. I think it was only a day or two before they left. I have examined the note marked Ex. “A” to J. C. Epps deposition. I do not know anything about the execution of the note, never having seen it before. On the day that I was at Lawrence Epps as before mentioned I heard the old man Epps say that he allowed for Mrs Cummins to have one hundred dollars for waiting on him and his wife during their sickness.
According to my best recollection it was my understanding that he intended for her to have this amount more than the other children. I do not remember his exact language but this is my recollection of the substance of what he said. Further Depossent saith not—
Signature of J B Armstrong
Claims attendance one day and travel 30 Miles Read the rest of this entry »

D. W. Clark Clk
The taking of Depositions in the cause resumed according to adjournment this 19th day of May 1871

James Armstrong being sworn according to law deposing says—
I was at Lawrence Epps house a short time before Mr. Cummins and his wife Jane Cummins left for Arkansas. I think it was only a day or two before they left. I have examined the note marked Ex. “A” to J. C. Epps deposition. I do not know anything about the execution of the note, never having seen it before. On the day that I was at Lawrence Epps as before mentioned I heard the old man Epps say that he allowed for Mrs Cummins to have one hundred dollars for waiting on him and his wife during their sickness.
According to my best recollection it was my understanding that he intended for her to have this amount more than the other children. I do not remember his exact language but this is my recollection of the substance of what he said. Further Depossent saith not—
Signature of J B Armstrong
Claims attendance one day and travel 30? Miles

Isham Sorrells being sworn according to law deposing says—
I was in Petersburg on the day on which Mr and Mrs Cummins passed through going to Arkansas. They were stopped according to my understanding by the creditors of Mr Cummins: and it was agreed by Mrs Cummins and Mr Cummins and J C Epps that Mrs Cummins would let J. C. Epps have her interest in her fathers land, and J. C. Epps would pay Mr Cummins debt: And Lawrence Epps agreed to convey to J C Epps Mrs Cummins interest in his land, that is Lawrence Epps land. I was one of the men called upon to value the land, but do not remember the valuation put upon it.
All the forgoing deposition objected to irrelevancy and incompetiency— Bright & Son

I have examined the note Marked Ex “A” to Mr J. C. Epps deposition. I don’t know anything about the note. I never saw it before that I remember of. On the day above spoken of that Mrs and Mr Cummins passed through Petersburg and while they heard Lawrence Epps says that he had given Mrs Cummins a note for $100.00 for waiting on him and his wife in their affliction and that he was sorry he had to give her the note and did not have the money to give her as she had to leave. I do not know whether this conversation took place before the transaction about the land; but it was about the time. In this same conversation he said that he intended for her to have $100.00 more than the other children.
Cross Examined
I do not recollect who was present at the time of the conversation with Lawrence Epps, above mentioned. That is the conversation about the note for the $100.00 spoken of in my examination in chief. I was very well acquainted with Mrs. Cummins. I would consider her a woman of good sense and a good manager. She managed her farm very well; so as to support herself and family. If I heard anything said about Mr Cummins owing Mr Lawrence Epps his part of the wagon, I do not recollect it.
And further depossent saith not– signature of Isham Sorrell
Claims attendance one day and traveled 22 miles

Joseph Cole being called and sworn was not examined.
Claims attendance one day and travel 20 miles.

James Epps (James Craton jr.) being recalled by consent and sworn deposing says—
I heard in 1860 an agreement made between my grandfather Lawrence Epps and my father J C Epps in which it was agreed that my father was to go to and have the use of the place for taking care of my grandfather. In the Fall of 1860 my father under this agreement sowed wheat on the place—He did not remain there for the reason that Mrs Cummins moved into the house of my grandfather and he had no room for my father__ When my grandfather found that my father could not come he asked me to come and live on the place and he promised me that if I would fix the fencing he would let me have as much ground as I could attend. I complied with the …can’t read…fixing the fencing. I cultivated …..can’t read…. more or less in corn.
And further depossent saith not– signature of James Epps Read the rest of this entry »

J. C. Epps Adm & ex vs Hugh M Epps & others

The following Depositions were taken the 1st June 1871 by consent in the above cause to be used in stating the Account ordered the same being taken at the office of the Clerk & Master at Fayetteville Tennessee.

D. J. Whitington being first duly sworn according to Law deposing says, I was Clerk of the County Court of Lincoln from the year 1858 to 1863 and made a great many settlements with Administrators Executors & ..?.. and also made a number of allowances and I think I know what Administrators services are reasonably worth. I have examined the settlement made by J. C. Epps Adm & e in the above cause. And I think fifteen dollars would be a reasonable compensation to J. C. Epps Adm & e for his trouble.

Question – Supposing that J. C. Epps qualified as Adm of his father Lawrence Epps in the year 1861, and had charge of this land of said Lawrence Epps dec & from that time to the present, except during the years 1862 & 1863, renting the same , and supposing, that he rented the same for about $90.00 per year and should be held to account for said rent for each year he had charge then what allowances should be made him for his trouble renting said land & collecting rents as? per year

Answers – I think J. C. Epps should have about ten dollars per year for renting out the land in the above cause under the above statement of facts in the above Interrogatory.

Defendants and Council object to the above Interrogatory & Answers for Incompetency

Cross Examination of Defendants Council:
Question – Suppose J. C. Epps was entitled to his share of the rents of said land or in other words he is entitled to one seventh in his own right and two seventh by purchase then what compensation should he have for his trouble?

Answer – I don’t think the above statement of facts would change the compensation of J. C. Epps as allowed in my Examination in chief.

Question – Is one joint tenant renting out land for all the joint owners entitled to any compensation for his trouble.?

Note: The remainder of this deposition is not available to me The two seventh by purchase mentioned above refers to J. C. Epps previously purchasing the rights of his sister Mrs. Cummins and his nephew William Epps. Read the rest of this entry »