These records are from the research of James Dickerson Mayes (dec'd) who was a descendant of Sherrod Mayes

In the 30th Tennessee Report page 58 in the case of Satterfield, Executor UnT7dministrator vs Mayes and others; Ivey, Administrator vs Satterfield et al, at the September 1849 term of the Supreme Court held at Knoxville, Tennessee, the following decision was rendered which is of interest to this branch of the Mayes Family:

" KNOXVILLE:

Satterfield, Ex's. and Adm'r. vs

Mayes and others.

Ivey, Adm'r. vs. Satterfield and others.

A bequest of a slave was made to Elizabeth Mayes for life, with remainder to her daughters. This was a bequest to a class of persons without a specific designation by name, and the daughters alive at the time of the death of the mother constitute that class, and are entitled to the entire benefit of such bequest.

Thomas Smith by last will, bequeathed a slave Letice, to his daughter Mayes, for and during her life, with remainder to her daughters. She had five daughters, Nancy, Patsy, Jane, Elizabeth and Priscilla; Nancy and Patsy died before their mother, the other three survived her. Satterfield administered on the estate of Patsy, and Oliver on that of Nancy. After the death of the mother, Priscilla died, and J. Ivey administered on her estate.

Satterfield and others filed a bill in the Chancery Court at Tazewell, against a portion of the claimants, asking a sale of the slave Letice and her descendants, and a distribution of the proceeds. Ivey, administrator of Priscilla, filed his cross bill insisting that Letice and her descendants, vested in the three daughters alive at the death of their mother, to-wit, Jane, Priscilla and Elizabeth.

The Chancellor (Williams) directed a sale of the slaves and a distribution of the proceeds, in five equal shares, amongst the daughters who were alive and the representatives of those who were dead.

Ivey, appealed.

Peck & Turley, for Satterfield and Oliver.

Sneed & Maynard, for Jane, Ivey admr., and Elizabeth.

McKinney, J., delivered the opinion of the Court.

The principal question in this cause involves the proper construction of the following clause in the last will and testament of Thomas Smith, deceased: "I lend to my daughter Betty Mayes, one negro girl named Letice, during her natural life; and, after her death, she and her increase to be equally divided between her daughters."

It appears that the testator died many years since in the State of North Carolina. At the date of said will, Mrs. Mayes was a feme covert wife of Sherrod Mayes.

Mrs. Mayes died in 1846, having survived her husband. She had five daughters, the issue of the marriage with said Sherrod Mayes, three of, whom only survived her; two of the number, namely, Patsey McCarty and Nancy Mayes, (who it seems were in being at the date of the will having died in her life tire, and of whose estates the defendants to the cross-bill, Oliver and Satterfield, are the respective administrators.

The increase of the slave in the foregoing bequest mentioned, has multiplied to a considerable number, and the question is, do the three daughters living at the death of their mother, in whom the life interest was vested, take said slaves jointly and equally with, or in exclusion of, the representatives of the two deceased daughters?

The chancellor decreed that the interest in remainder vested equally in the five daughters, and that the interests of the two who died during the life of their mother, were transmissible to their personal representatives.

We think this decree is erroneous. The rule is well settled that, where a bequest is made to a class of persons, subject to fluctuation by increase or diminution of its number, in consequence of future births or deaths; and the time of payment or distribution of the fund is fixed at a subsequent period, or on the happening of a future event; the entire interest vests in such persons, only, as at that time, fall within the description of persons, constituting such class. As if property be given simply to the children, or to the brothers or sisters of A., equally to be divided between them, the entire subject of gift will vest in any one child, brother, or sister, or any larger number of these objects, surviving at the period for distribution, without regard to previous deaths. Members of the class antecedently dying are not actual objects of the gift. See Jarman on Wills, vol. 1, 295-6. 1 Roper on Legacies, 71, and authorities referred to.

See also, 7 Yerger, 606. In the latter case the principle is distinctly recognized, that where an aggregate fund is bequeathed to the testator's children as a class, and one dies before the period when the division is to take place, the estate survives to and vests in the others. This rule, of course, does notapply where the bequest is to individuals nominatim as in the case of a gift to A. B. and C. children, or brothers, of D.; because this would not be a gift to them as a class.

We do not deem it necessary to enter into any discussion of the question whether the remainder in the present case be vested or contingent--a question that perhaps admits of but little discussion. Regarding it as a vested remainder, as we do, the question is, when, and in whom does the interest vest? To which we answer, that it vests in the described class, as a class, and not individually in the persons composing such class, and the entire subject of the gift survives to, and vests in the persons constituting such class at the period when payment or distribution of the fund is to be made.

Upon the other questions in the cause we think it sufficient to state, that there is no error in the decree of the chancellor. The decree will be modified in conformity to the principles here announced."

At the time of the sale, the increase of the slave, Letice, was eleven to be exact. The effect of this decision was to order Letice and her children to be sold and the monies divided between the daughters living at the time of the death of their mother, namely, Jane, Priscilla and Elizabeth.

On August 1, 1852, John Ivey as administrator of the estate of Priscilla Mayes, deceased, made a report to the County Court of Grainger County re Priscilla Mayes estate. A portion of this report dealing with the amount Priscilla's estate received reads as follows:

"To amount of sale of slaves belonging to said estate	2,041.33 1/2
To amount the heir of said slaves Received of James W. Campbell, clerk of the Tennessee Supreme Court at Knoxville, Tennessee	203.45____
	203.45 1/2

Record in Will and Estate Book 3, p. 31 of the Public Records of Grainger County, Tennessee."

Elizabeth McCarty formerly Elizabeth Mayes, died after both her mother and father were deceased, and Levi Satterfield was appointed administrator of her estate. In connection with her estate the following report was filed which was recorded September 7, 1848, in Inventory Book 1847-1852, p. 74, Grainger County Records and reads as follows:

"An interest of one fifth share of a certain family of negroes containing eleven in number which said negroes is now in hands of said Levi Satterfield, as receiver, so appointed by the Judge of the Circuit Court of Claiborne County and State of Tennessee and no other property to the best of my knowledge.

September 4, 1848.

Levi Satterfield

Sworn in open Court

E. Tate, Clerk

In Minute Book 7, p. 366 of Grainger County Court Minutes, November 16, 1835, we find the following application in connection with lunacy proceedings filed against Elizabeth Mayes, widow of Sherod Mayes, said application being as follows:

"An application to the Court and for reason appearing to the satisfaction of the Court: It is ordered by the Court that a complaint of idiocy is in to the Sheriff of Grainger County Commanding him to Summon a jury of twelve free holders to ascertain by inquisition whether Elizabeth Mays, widow of Sherod Mays, is from want of mind incapable of the management of her estate and whether she be of sound mind an in the event the said Elizabeth should on such inquisition be found not to be in her proper mind then the said jury to return an inventory of all the estate of the said Elizabeth Mays together with their report to the next term of this court."