"This cause came on to hear before the Worshipville County Court of Haywood County on the petition taken for confessed as to the non-resident defendants upon publication duly made for them as required by law upn the answer of adult defendants, GEO. FAULKNER and the minor defendants in this cause by their guardian and litem and solicitor, J.C. THOMPSON and oral testimony and proof heard upon the trial. And it appears to the Court that JARRETT SHEARIN having first made and published his last Will and Testament which was regularly probated at the Feb. Term 1860 of this Court and is now of record on WILL BOOK E p. 124.

And it further appears to the Court that said testator died having been married and leaving no issue surviving him, but leaving a surviving heir, his mother and 6 brothers and sisters, to wit: THOMAS, HARRIETT, MELISSA, JANE, SALLIE AND MARY B. SHEARIN. And it appears by his Will and Testament he the said JARRATT SHEARIN,devised, after the expiration of a life estate therein granted to his mother, all his estate and interest in the following tract of land, to wit: Situated in Haywood Co., Tenn. Cicil District 16 and bounded as follows: On the East by HARRY WINBURN'S tract of land, on the North by the same, and the West by the lands of the heirs of DORCAS SHEARIN, on the South by the lands of NANCY REVEL containing 316 A. more or less to 4 specially named of his said brothers and sisters, to wit:
THOMAS, HARRETT, MELISSA AND JANCE taking the same share and share alike.

And it further appears that the mother of said JARRETT SHEARIN and life tenant under his Will, departed this life 12 March 1876, and that before her death, to wit: on July 4, 1864, the said THOMAS SHEARIN, one of said devisees died intestate never having been married and without issue and that on the 20 Dec. JANE FLETCHER formerly JANE SHEARIN afterwards wife of petitioner, EPHRAIM FLETCHER died intestate and without issue surviving her. That in May 1868, said MELISSA SHEARIN deceased intestate never having been married leaving no issue. That in Feb. 1876 HARRIETT FAULKNER, wife of defendant GEORGE FAULKNER (George Washington Faulkner) formerly HARRITT SHEARIN demised leaving her husband GEORGE FAULKNER and minor children; WILLIAM JARRETT, NANCY,SARAH,CALEDONIA, WASHINGTON (Geo. Washington Faulkner, Jr.), FRANK (John Franklin), MELISSA AND THOMAS (Tobias Thomas) FAULKNER. That on the day of 1872 SALLIE EASON nee SALLIE SHEARIN died, a widow intestate and leaving surviving her WILLIAM, S.P., MARY, HARRIETT, NED, AND JOHN EASON and it further appears that MARY B. SHEARIN is now by marriage the lawful wife of petitioner, N.A. MCKINNON, is now named MARY BEL MCKINNON having intermarried with him about 17 years ago. And it further appears to the COURT that at the death of THOMAS SHEARIN, to wit: 4 July 1864 said land vested, subject to the life ESTATE mentioned in the WILL in the following proportions and interest, to wit:

HARRIETT FAULKNER formerly SHEARIN original interest under WILL 1/4 interest; in THOMAS SHEARIN'S part 1/5 of 1/4 = 1/20, which added to her original interest of 1/4 amounts to the aggregate sum of 3/10 of entire estate.

MELISSA'S interest after Thomas' death 1/4 + 1/20 = 3/10.

JANE FLETCHER nee SHEARIN after THOMAS' death 1/4 + 1/20 = 3/10

SALLIE EASON formerly SHEARIN after THOMAS' death 1/20 = 1/20

MARY BELL MCKINNON formerly SHEARIN after THOMAS' death 1/20 = 1/20

After the death of JANE FLETCHER formerly JANE SHEARIN by calculation it appears that the survivors took in the following proportions:

HARRIETT FAULKNER formerly SHEARIN interest at death of THOMAS 3/10 added to her interest in the share of JANE FLETCHER 3/40 = 3/40 + 3/10 = 15/40

MELISSA'S interest after death of THOMAS 3/10 added to interest of JANE FLETCHER'S share of 3/40 aggregates 3/10 + 3/40 = 15/40

SALLIE EASON formerly SHEARIN interest at death of THOMAS SHEARIN 1/20 added to interest in JANE FLETCHER'S share of 3/10 aggregates 1/20 +3/40 = 5/40

MARY B. MCKINNON formerly SHEARIN interest at death of THOMAS SHEARIN 1/20 + 3/40 interest in JANE FLETCHER ESTATE aggregates 5/40

After the death of MELISSA SHEARIN the survivors took in the following proprotions.

HARRIETT'S interest after the death of THOMAS AND JANE 15/40 added to her interest in MELISSA'S share of 5/40 + 15/40 = 20/40 = 1/2

SALLIE'S interest after death of THOMAS AND JANE added to her interest in MELISSA'S share 5/40 + 5/40 + 5/40 + 10/40 = 1/4

MARY B. interest after death of THOMAS AND JANE 5/40 added to her interest in the share of MELISSA of 5/40 aggregates 5/40 + 5/40 = 10/40 = 1/4

And it further appears that HARRIETT FAULKNER died leaving surviving her the above entioned minor children: WILLIAM J. (Wm Jarret), NANCY, SARAH, CALEDONIA, WASHINGTON (Geo. Washington), FRANK (John Franklin), MELISSA and THOMAS (Tobias Thomas?) FAULKNER who are entitled to inherit her interest in said estate and that SALLIE EASON died leaving surviving her the above mentioned children, to wit: WILLIAM, S.P., MARY HARRIETT, NED, & JOHN EASON,who are entitled to inherit her share and interest in said estate. And it further appears that EPHRAIM FLETCHER is entitled to tenacy by the courtesy in so much of said estate as belonged to his wife, JANE FLETCHER, at her death to wit:in 3/10 thereof.

It is therefore ordered by the Court that CALVIN BEST, GREEN WORTHAM, A. EASON, H.M. EASON and D.P. WILLIAMS freeholders of said County and J.C. THOMPSON, county Surveyor, divide said land so as to allot to petitioner, EPHRAIM FLETHCER, a tenancy by the courtesy in 3/10 thereof and ther remaining 7/10 be alloted in the following proportion:

To the children of SALLIE EASON 1/4 thereof.

To MARY B. MCKINNON 1/4 thereof.

And it is further ordered that after the 3/10 of said land is allotted to RPHRAIM FLETCHER as life tenant thereon, that the same shall be subdivided among the children of HARRIETT FAULKNER, SALLY EASON and MRS. M.B. MCKINNON (Mary Bell) in the following proportion:

To the children of HARRIETT FAULKNER in the 1/2: to the children of SALLIE in the 1/4;and to MARY B. MCKINNON in the 1/4, to be subject, however, in all respect to tenancy by the courtesy of said EPHRAIM FLETCHER. And a lien is herby declared on the interest of said M.B. McKINNON AND EPHRAIM FLETCHER to secure the fee of H.W. Bond and A.D. BRIGHT for service on the cause as their attorney and a lien as hereby declared on the interest of the heirs of HARRIETT FAULKNER to secure the fee of D.A. Nunn for services as their attorney and that the commissioners herein appointed report their action hereunder at the next term of this Court.