McNeill v. Brown deposition book, 1847.
(Document/manuscript/pamphlet/archival material)

Materials housed in Special Collections Division of the Main Library, Nashville Public Library.

Housed with Bellevue Store Ledger.

Names of individuals providing testimony include: Henry Ament; Alexander Allison; H.S. Atkinson; A. Audigier; H.P. Bostick; C. Brooks; Francis Boench; J. P. W. Brown; Mrs. Bain; Judge Morgan W. Brown; William L. Brown; Americus Beech; Dr. Buchanan; William T. Barry; E. H. Childress; Thomas Chadwell; A. C. Carter; J.P. Clark; S.N. Claiborne; E. Cunningham; W.H. Clemens; I. Catron; Nancy Dale; Mrs. Erwin; W. Faulkner; G.M. Fogg; Joshua Flowers; M.M.R. Fogg; W. Greenfield; J.B. Groves; A.J. Hunter; J. Huntington; W.H. Horn; Rhoda Hall; Sophia W. Hall; Ellen D. Hough; O.B. Hayes; Jonathan M. Hill; Pamela M. Kirk; Edward King; Jonathan M. Lea; Louisia Litton; Benjamin Litton; R.C. McNairy; Jacob McGavock; Samuel D. Morgan; Jane Marshall; Mary S. Martin; A.J. Mayes; Eleanor Nichol; Imogine Norvell; William Nichol; James Nichol; Jonathan Nichol; M.J. H. Nye; Mrs. Porter and Mrs. Kirkman; B.F. Price; B.H. Shepard; V.S. Stevenson; William B. Shapard; E.M. Scantland; Elizabeth Stevenson; James H. Thomas; Mary I. Trabue; H.F. Wilkinson; James Walker; Mary Walker; Julia H. Woods; Sarah B. Woods; Jonathan P. Wheat. Note that initials and some names provided in this list may be erroneous, due to faded and flowery script which makes precise identification difficult. Initials may refer to men or women.

In library use only. Available by appointment.

Scope and content: A book of depositions and transcript of proceedings in the case of Mary and William McNeill v. Morgan W. Brown in 1847, heard in the Sixth Circuit Court in Davidson County, Tenn. The case involves the guardianship of orphans Mary and William McNeill, ages 13 and 10. Their father, William McNeill, left a will granting the guardianship to his neighbor, Morgan W. Brown. The estate totalled $120,000 in 1847. Samuel Crockett, the children's uncle, with support from his other relatives, filed as their "next friend," and sought to gain custody of the children and their estate. Crockett charged Brown with misuse of the children's money, and it was said that Brown's son was going to marry Mary McNeill, which Crockett sought to prevent by gaining custody. William L. Brown declared he had no intention of marrying Miss McNeill, unless Morgan Brown lost custody. On the charge of financial mismanagment, Morgan Brown produced expenses for Mary and William's education, clothing, and medical bills, demonstrating that the expenses were in the best interests of the children and that they were not extravagent, but appropriate to their station in life.

The depositions are from a virtual who's who of Nashville society in the late 1840s. Prominent individuals include Jacob McGavock; Mrs. Pamela Kirk; Godfrey Fogg and his wife, Mary Rutledge Fogg, John M. Lea, and many others. A few persons are from Franklin or Columbia, Tenn. Numerous individuals are associated with the legal, medical, or educational professions. Many individuals who testified are relatives by blood or marriage to the Brown or McNeill families, and others are neighbors and friends. A few schoolmates of Mary's from the Nashville Female Academy also provided depositions, and they indicate Mary's outspoken opposition to her uncle becoming her guardian.

The extensive and detailed nature of the testimony opens a window on Nashville's inner circle of society and upper class during the late 1840s. Some of the broader topics discussed include: familial customs and relationships; friendships, neighbors, and business partnerships; the types of expenses that were considered appropriate or inappropriate for children's welfare; morality; education; medicine; parenthood; and of course, legal matters related to the family including wills, guardianships, and estates.

Cite as: McNeill v. Brown Deposition Book, Special Collections Division, Nashville Public Library

No photocopies due to fragile nature of materials.

Source of acquisition unknown;,acquired before 1980;,Acc. RT-100.

Mary and William McNeill were the children of William McNeill, who died in 1844. According to the terms of McNeill's will, their neighbor Morgan W. Brown, a prominent judge, was made their guardian. Samuel Crockett, the children's uncle, and acting in the capacity of their "next friend" tried to obtain custody of the children. Some testimony indicates he may have been trying to obtain a portion of their rich estate, valued at $120,000 in 1847. Other testimony indicates Crockett may have been trying to prevent a marriage between Mary McNeill and Morgan's son, William L. Brown, although the Browns would dispute this. William L. Brown testified that he would not marry Mary unless Morgan Brown lost custody to Crockett. The case was initially heard in the Davidson County Court, was appealed to the Sixth Circuit Court of Davidson County, and was also heard before the Tennessee Supreme Court. Apparently, Morgan Brown obtained custody after all of the legal battles, as both Mary and William McNeill are enumerated in his household in the 1850 census.

In English

Unknown provenance.

Rehouse;,2009;,Linda Barnickel.

No further accruals are expected.