Following a Stroke of  Paralysis in July 1857, witnesses testify that Isaac Dancy, did not
sufficently recover to allow managemant of his personal and business affairs.

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From Haywood County Chancery Court  Records            Nov 1854  thru  Apr 1867           Vol 3            Pg. 253

Tuesday March 1st 1859

John H. Dancy
Robert Lemon
& Robert Pulley
Isaac Dancy


Application to appoint Guardian on Inquisition of unsoundness of mind

Be it remembered that on this 1st day March 1859 came on this cause to be heard before the Hon Isaac B Williams Chancellor upon this petition of Petitioners the _¹_ of in the cause and the proof taken before the Jury impaneled in the cause and the verdict of said Jury - which said proof and verdict are returned into this Honorable Court which verdict is in the words of _¹_following "to wit" We the undersigned Jurors being duly sworn Freeholders in the County of Haywood who have been Empanneled in this cause to inquire into and _¹_ verdict render touching the matters in the Writ of Inquisition, mentioned upon our oaths do find that Isaac Dancy the Defendant is a person of unsound mind and as such has not capacity sufficient for the government of himself and his property and that he has been of such unsounded mind from July 1857 to the present time and that said unsoundness of mind originated from a Stroke of Paralysis from which he has never recovered and in consequence of which his mind and memory became then and has continued deeply impaired and disordered and to such an Extent as to amount to a general unsoundness of mind disqualifying him both mentally and physically from the government of himself and his property. We further find that the said Isaac Dancy is the owner in fee simple of the following described tracts of land all lying in the County of Haywood "To wit" One tract of land containing 70 1/2 acres bearing the date 15th day of January 1857 recorded in Book V page 217 in the Registers Office of Haywood County. One tract of 411 acres upon which the Defendants now resides recorded in Book D page 422, 423 & 424 in the Registers Office of the said County. And one tract containing 100 acres recorded in Book U ² page 100 in the Registers Office Haywood County and one other tract containing about 130 or 133 acres recorded in Book M page 188 & 189 in the registers Office of Haywood County to which reference is hereby made for the specific amount, also that he is the owner of the following goods and chattels "to wit" Daniel aged about 46 Jim 30 Tom 28 Anderson 21 Burrel 20 Moses 20 Andrew 19 Jordan 10 George 7 Henry 7 Polly 60 Mandy 25 Lucy (?) Harriet 18 Lucinda 40 and her youngest child about 18 months Caroline 12 Emelino 4 & Jane 2 years

Also Six Hundred Dollars Stock paid into the Memphis & Ohio Rail Road Company also notes to about the value of $377~ also other cash notes to the amount of $1724_ Also household & Kitchen Furniture two or three hundred dollars value Farming utensils of about $15 value also 20¹ head of horses and mules and about 20 head of cattle 8 head of sheep and about 40 head of hogs and one waggon and one Buggy. We further find that the lands aforesaid are of the yearly value $300 and that the _¹_ and chattels aforesaid are of the yearly value Four¹ or Fifteen Hundred Dollars. We further find that said Defendant has a wife whose name is Mary Dancy who is about 66 years of age and that he has the following children and grand children who are his heirs and distributes at Law "to wit" Rebecca Martin Daughter aged about 50 years wife of Abner Martin of Haywood County Tenn, Daughter Martha Lemon aged about 48 years wife of Robert Lemon, Daughter Sarah Pulley aged about 44 years wife of Robert Pulley of the County of Bradley Arkansas, Daughter Elizabeth Lay widow of Allen G. Lay of Lucucca County Texas aged about 41   Daughter Susan Wyatt aged about 31 years wife of Warren Wyatt of Haywood County Tenn. John H Dancy also of Haywood County aged about 28 years also Nancy Ann Dancy of Haywood County aged about 24 years and Alexander Dancy of Haywood County a minor aged about 20 years also Samuel Martin aged about 13 years and Mary Martin aged about 15 years the only two children of Margaret D Martin decd widow of Jesse Martin decd and the said Margaret being the daughter of the said Isaac Dancy. We further find that the said Isaac Dancy has made no last will and testament of his estate before or since the existence of his unsoundness of mind to the best of our information & belief

Thomas A Adam
John J Coppedge
R M Campbell
KT Harrison
TC Coppedge
William Loutin
David Mills
Willis P Ballard
HT Burroughs
JH Adams
Oliver Alexander

To which said verdict there being no exceptions and the Court being satisfied with the same. It is therefore in all things confirmed. And it appears that the Defendant Isaac Dancy is a person of unsoundness of mind and by reason of such unsoundness of mind is incapable of the government of himself & property and it further appearing that he is the owner of Estate personal and real of values more than the sum of five hundred dollars - and it further appearing from the report of the Clerk Master upon an order of references herein at the present term of this Court which is <here by> (here by - has been crossed out) unexcepted to & here by confirmed that William A Tanner is a proper and suitable person to be appointed the Guardian of the person and Estate of said defendant

It is therefore ordered adjudged and decreed by the Court that the said William A Tanner be and is hereby appointed the Guardian of the person and Estate of the said Isaac Dancy upon his entering into bond with two or more able securities in the penalty of Sixty Thousand Dollars conditioned as required by Law - and that he execute said Bond before the Clerk Master of this Court and it is further ordered that the cost of this proceeding be paid out of the Estate of the Defendant

And that it is further ordered that an order of references be made to the clerk to ascertain and report what would be a reasonable fee for the services of FG & WM Smith attys in this cause & that he report to the present term of this Court And upon the coming in of said last report (which is unexcepted to & in all things confirmed) it appearing that said Solicitors compensation is reasonably worth One Hundred Dollars - It is therefore ordered that the Guardian pay to said TG & WM Smith the said sum of One Hundred Dollars out of any moneys of said Estate

Philip Gibson

¹Word or term is either unreadable or uncertain. 

Copy of  Document provided by Reese Moses, Haywood County Genealogist
Transcribed © without editing - April 2000 - jkd




Posted April 7, 2000