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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
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# 674
This electronic document is published as part of the St Louis Circuit Court historical records project.
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You are hereby
we will apply to the Honorable Judge of the
Court House, in
the city of
to stay the sale, of the slaves, late of
sold on Tuesday the 12th inst. in
an order of the
Served this notice in the
by delivering a
true copy thereof to
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You are hereby required to take notice that
to the
Honorable
House
in the
in the
forenoon, or as soon thenafter as Counsel can be
heard, for an
injunction to stay the sale of
and her two infact children,
slaves of
to be sold on Sunday, the
in
County-
We do
Notice of application for
Served this notice in the
the
the same
of
years at his usual
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The original document is part of the Missouri State Archives St Louis Circuit Court collection.
and
infants under the age of twenty one years, who sue by
father and next
their mother and next
who sue by
minors who sue by
who sue by
of a certain
from that State, to the city of
he hired out such of your
to be hired (and from time to time
considerable) and continued to reside, until the
1838
that on the
published his last will and
day of
November 1838
or neglectrd to qualify as such, at the
in the year
and qualified as such according to law, all
which will more fully
appear by reference to an
that the
sufficient for
that purpose, then certain slaves
to be sold to pay
off the remainder, (the slaves have referred to and
not otherwise disposed of and belonging to him on the day of his
death should be free and
himself, as
by said will are 1st the
Joel L. Anderson
of this
as
follows to wit: 1st one thousand dollars to your
your
orators
further represent that some short time after this
prayed to be made a
his
the
from other
the payment of his
ordinary expenses, which were inconsiderable.
The only occasion on
which he had any use for
money otherwise than as aforesaid, was while
he was engaged
in the pork
changes, until he became
due
bills, with the understanding that they were to be paid off
out of the
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That the said Duty attended to the sales of his pork in person
in the
south and
in notes of the
which some time in the mouth of
money
said
will more fully
appear by reference to the affidavit of
of this bill,
which payments, together with the
and
oratrices and other money afterwards
in the
all the claims of said
of pork
as aforeaid and probably left a considerable
sum
said Duty took up his
money as aforesaid or took any
money deposited as aforesaid, your orators and oratrices are
for
was our hereinafter stated unable to say. They
therefore charge that
by the said
the said
Duty were destroyed or
use of again in the hands of the said
death, in the manner following to wit: on the night
the said
Duty did and but a short time after he had
while some of the
your orators
and oratrices were
a defendant to this
first the
came into the
certainly dead, the said
orators
and money of the said Duty, which was
the
papers and during said examination of them and in
the
and
of your orators and oratrices, he the
said
away others with him. on this being
noticed by the said
in preparing the body for
fully appear by reference to the affidavits of
and
and prayed to be taken and
considered
Having
the papers of thin
an
with and for the benefit of his father the said
of administration on the estate of the said
Duty
and allowed by the county court of St. Louis County
of $ 3683.68 1/2. Your orators and oratrices
and therefore charge that the pretended claims of the said
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time and are now brought forward and supported on papers
of the other claims against the estate of
proof of their validity. Your orators and oratrices
and therefore charge that the said
said
were
taken out, that the will of the said
Duty was in
they were
the said
for life, which order was set aside by the
on
the
copy of the will aforesaid
of
the said will
was admitted to
Louis County and letters of administration
who was then ordered to
The whole amount of the claims (as they are informed)
by the county court of
exclusive of
the same to the sum of $3509.97 1/2; if to
the former amount we add the
sum of $1440.77 the amount
of the judgment
of common
pleas for
together
There are
to be
a final bond
a certain Johnson
that the said Duty would
and mind on the
to
on the
that the said Duty would deliver to the said Strong a likely
and mind on the
The whole of the claims court above
judgment of the Planters
to be
Your orators and
oratrices further represent that
by the settlement of the said
as aforesaid before the Probate court of the
county of
at the
county court, he gave
for the following sums to wit: cash on hand at the
of this
of the
1838
You orators and oratrices further
represent that in the inventory filed
by the said
administrator as aforesaid he has pain the
and
administrator. Your Orators and Oratrices believe and therefore
charge that the
whole could have been and night now be collected if any
charge that the said administrator has done nothing towards
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Your orators and oratrices are informed and believe
that
the state of
the said
but to what amount they cannot
has departed this life without as they are
account. Admitting the
judgment, the claims
allowed, and
to be just, (which is by no means the case) after
the
at
will be a
of this
of administrator
could have been collected and might now,
he is properly chargeable with
the amount, and if the
of the said
of this
case) the
off in a short time by the
aforesaid has obtained an order from the
court of
and
as
reference to a certified copy of said order and
advertiement of sale
and F
this
the
and
and
and
whereof and for as much as your orators
and
be
are properly and
therefore that
in the premises be
the
state of
L. Anderson one of the
said
style of
the Planters Bank of
name and
auditors whose
names are unknown to your orators and
of complaint and compelled on oath to answer
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allegations of the same as particularly as if they were again
repeated
and they seperately and specially
and the whole
discover
your Honor may award to your orators and
the suit
from enforcing your orators and
the 12th
of the county of
be permitted to institute and prosecute this their suit in
from security and discharged from executing an injunction
this suit, and your orators
permitted to attend counsel and the
That the
to
and hire them
by a final
awarded to
provisions of the will of
and such portion of his personal
or
will. That the
did
property
belonging to the estate of
appear
before a
himself and the said
time and to bring forward and exhibit to said
and this Honorable court all of the original
were allowed by the county court aforesaid
and
the said
the said
the
county or
account
before a
for that
this Honorable court
be
money
estate of the said
persons having or
the
are made
and
the said Duly became
of
them. That the said John and
state
whether they have paid
to the said Duty in his life or to
other and further
be
such as
the
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may
as in
This day
the complainants in
the foregoing Bill of complaint
personally appeared before the under
signed a justice of the peace in and for the
county
facts
set forth in the foregoing
far as the
same comes within his
others he believes to he true.
Bill.
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To
the estate of
and to the
sheriff of the
Whereas it has been
represented to our Honorable Judge
of the
Court of
age of twenty one years who
and next friend,
friend,
their mother and next friend,
who sues by
who
slaves of one
were in
to the
such of them as were in a condition to be hired out, and
continued
to reside, until the day of
he died; that on the
made & published his last
was proved before the Probate
on the
that John
in said will having refused or neglected to qualify
as such, at
the
Fernandis
their testator except that therein affterwards
otherwise disposed
of should be appropriated to the payment of his
debto
2rd. That if such estate was found insufficient for that
to pay off the remainder (the slaves here referred
to and
some others were sold by then testator before he removed
from the
orators and
oratrices not otherwise disposed of and belonging
to him on the day of
his death should be free and
carried into effect by the
testator himself as herein before
stated. The only specific
1st The sum of
$500 to a certain
a gold watch and chair and the
said Duty on hand at the time of his death to the said
he
distributed as follows. 1
between said Peston and Braxtn; that
after said Duty arrived
in
with a certain
agent, paid
into his hands all money arising
from the
received
it
a much as was nec essary for the payment of
his
ordinary expences which were inconiderable; that
dress upon said
became
for which, or the greater part thereof, he
executed to
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that they were to be paid off out of the proceeds of his
pork sent down
the river to be sold; that in
paid
upward to said
15 per cent which payment with the hires
of said
orators and oratrices and other monies afterwards received
and deposited in the hands of said
have
extinguished all the claims of said
advanced on account
of pork as aforesaid, and probably left
a considerable sum due to said
Duty at the time of
his death; that they believe and charge that the
said
Duty took up his notes at the time he paid said
Duty were destroyed or
use of again in the hands of said
establish
large claims against the estate of said
Duty after his death; that
immediately after the death of said
out letters
of administration on the estate of said Duty
and among the first claims
brought forward and
by the County were those of
your father
said
$3683:681/2; that they believe and
charge that the
pretended claims of said
cancelled
you said
knew at the time said letters of administration were
taken out
that the will of said Duty was in existence
and that by
to their freedom, notwithstanding which you
said
which order was set aside by said Count on the
1839
of the will aforesaid from the Probate Court of
was admitted to
record by the County
County and letters of
administration de bonis non with
the will annexed granted to you said
G. W Coons who
was then ordered to hire out said orators &
oratrices;
that the whole amount of the claims (as they are
informed) allowed by said
estate,
including the
of the same to the
sum of $3509:97 1/2 - If the
amount of a judgment recently recovered by
the Planters
be added to the former sum, the total amount allowed
together with
said judgment will be $8634:43 - That there
are other claims which they
are informed are about to be presented
for allowance against said
amount to the sum of $1877; that the whole of the
claims last above referred to, including the said judgment
of the
said Planters Bank they beleive to be unjust;
that by the settlement of
Louis County at the
settlements at the
term
1840
estate of
said Duty for the following sums
Cash on hand at the death of said Duty $ 94:18
Sales of personal
property $ 417:95 proceeds of the hire
of said orators and oratrices
from
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that in the inventory filed by you said
aforesaid, you have given the estate of said Duty credit
for the
sum of $7410:85 the amount of notes due by
said Duty in
of you said
now collected if any
efforts were made; that you the
said admn. have done
nothing towards their collection,
and will do nothing unless compelled
to do so; admitting
the judgment, the claims allowed, and those about
to be
presented for allowance to be first (which is by no
means
the case) after deducting the hires of said orators
and oratrices,
said Duty and sales of personal estate, there
will
be a balance of $2775:41 against said estate, but
if the
amount of notes in hands of admn. could have been
collected and might now, you are properly chargeable
with the
amount, and if the debt of said
fully paid off in the
lifetime of said Duty as is believed,
the balance in
about $8319:12
1/2; that notwithstanding the balance is
only $2775:41 and could be
paid off in a short time
by the hire of said orators and oratrices, you
said
from the Probate Court of St. Louis County to
of said orators and oratrices except preston,
and
that they are
advised and therefore
the assets
arising from the notes in the hands of
said admn. as her
inventory & the personal property
should all be
and whereas it
be
attorneys from exposing
12th Instant ageeably to the order of the said Probate
Court - and
whereas upon inspection and examination
of the said bill of complaint
of them the
orators and oratrices
by our said judge sitting as a Court of
Chancery, it was ordered that a
writ of injunction
Duty
therefore strictly
from exposing to sale the above named persons, orators
and
oratrices as aforesaid, on Tuesday the 12th Instant
agreeably to the
order of the Probate Court as aforesaid
until the further order of our
said Judge sitting as a
Court of Chancery to the contrary thereof, and
how
you the said sheriff shall execute this writ make
returns to
our said Court on the first day of the next
term thereof to be begin
and held at the
Monday of November next.
Executed this writ in the county of
the
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We command you to
Street, M W
F.
Planters Bank of Mississippi, Robert
Strong,
John and
before the Judge of our
held at the
of
of Preston,
Braxton,
by
and
I acknowledge myself bound for
Witness my hand and
been
suit
2 week time
Joel L Anderson,
which they all
Joel
of Mississippi. Robert Strong, H
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(B)
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appeared before me a Justice of the
that this
previously to his death was almost constantly with him travelling
through the
country engaged in the same kind of business and was often
called on by him
to
known to the affiant as were his own.
that period
place without coming
within the
own personal observation or from the intimate and
continually holden
informed him that he was
three or four thousand Dollars for money
advanced for him by said
&
the year of 1837 the affiant travelled with said
Duty from
him in possession of two or three
thousand Dollars of money of the Banks of
that State after their
arrival at
it over to
same
kind of money he applied to the said
refused to do so and remarked that he had just
afraid he should
since has been that Duty paid this money
to
him as aforesaid for advances to Risly &
that the said Duty informed him that her was
hiring out his
that as he received the money for their hires her deposited it in the
hands
of the said
the spring of
of any considerable amount - that
and that he was entirely
believed to be true as Duty was always very free
and open in his
Communications Concerning any
years. And further this affiant saith
not.
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This day
appeared before the
was a
Duty from a few days after his arrival as a resident
of
time this affiant was present,
arms when
he died. That the said Duty visited this
affiants
that of any other
person, being there
said Duty
about
the
of the said Duty from
was present and heard a conversation between
the said Duty and
during the next preceding
in
a
which Duty had brought with him from the
said state of
know the amount of
the
large, and
Duty observed in said conversation that
it would at
stated in said conversation that he had six thousand
dollars
Duty were hired out daily from
shortly after the
said
the number and value of the negros must have
been very
this
of
plainy and boarded himself at very
That in a few minutes some twenty five or
thirty after the death
of the said Duty and before
his
of the said Duty, (whom this affiant afterwards understood
to be
attention to
the
negros of
said Duty to bring forward the
the said Duty
containing his papers
and
the said Coon opened them
and
every thing in them. This affiant was
with the
it out he saw a considerable number of papers
he
asked
of the deceased before his
cold, to which he replied that he could
not help it - That
and after the
said
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said
up the
and left the hour with them. This affiant
was at the house of the
deceased off and on during
the
of
(C)
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This day
appeared
before the
was intimately acquainted with the late
who
his death. That this affiant had frequent conversations with
the said Duty relative to his affairs in which he stated to
this
affiant that he had made his property by his
was
nothing, but that he had made
his cloths to his negros boy
he
should wear them. That the said Duty was open and
and sent for this affiant frequently just before his
death, at
which time he repeated the substance of
what is stated above. That from
such conversations he
was fully convinced that the said Duty
amount. That the lives of his negros
in
That
he had the
what he said to be always
That this affiant
about ten minutes after his death, where remained
short time and then returned to his own house, that
in about an
at the house.
of
Tho
(D)
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order of sale
E
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will annexed of
Estate of said deceased in this court amounting to the sum of Seven
thousand two hundred & three 68/100 dollar: that
there is
also a Judgment rendered against him as Admr. of said Estate at
the present term of the Court of Common
pleas of said County in favor
of the President Directors and Company of the Planters bank of
hundred & twenty two 23/100 dollars damages and
cost of suit; that he has also been served with a notice of demands in
favor of
and Eighty
seven dollars, and a demand held by Bogy & Hunton for upwards of
two hundred & twenty dollars making a
sum total allowed or
presented against said Estate of Ten thousand five hundred &
twenty two 33/100 dollars - that Two
thousand four hundred
in the hands of this
admr. the following assets
which cannot be collected - notes
the slaves belonging to the Estate twenty six in
number (named in Inventory filed) which were appraised at
$7725 -
debts, he prays that this
court will order the said slaves to be sold or so many of them as will be
sufficient to
pay said demands G. W. Coons admr.
annexed of
order of Sale of Slaves
are demands allowed against the
estate of
three dollars sixty three cents, that a Judgement for the sum of
Fourteen hundred and twenty two dollars thirty three
cents has been
obtained against him as administrator of said deceased in the Court of
Common pleas of the
and ninety seven dollar making the sum total allowed and presented
against said Estate Ten thousand and five
hundred and twenty two
dollars thirty three cents, that two thousand four hundred and one dollars
twelve cents
thereof has been paid - to satisfy the balance there are
in the hands of the Administrator in cash Three thousand two
hundred
and seventeen dollars seventy three cents: notes for negro hire nine hundred
and Sixty five dollars, the
greater part of which cannot be collected,
and in notes
available, amounting to Seven thousand
four hundred and ten dollars eighty five cents, and the Slaves belonging
to the Estate twenty six in number which were appraised at Seven
thousand Seven hundred and twenty five dollars -
that the hire of said
slaves will not in any reasonable time enable him to pay the said debts and
praying the
it
is considered by the court that the said
nine O'Clock in the forenoon
and Six O'Clock in the afternoon of that day at the Court Housedoor of the
children,
demands established against said
Estate on the following terms to wit; one third in cash, one third in four
months and one third in Eight months from the day of sale, that he give
notice of the time, terms and place
of said sale in some newspaper
printed in this state for at least twenty one days before the day of sale
that
he take bond with sufficient security or negotiable notes with
sufficient endorsers for the payment of the balance
and that he report
his proceedings in the same to this court
I.
true Copy of the petition of
deceased for the sale of the negroes belonging to the Estate of said
deceased and the order of the Probate Court
of said ordering the sale
of said negroes as the same now remain in my office
Administrator's Sale Of Slaves.
Pursuant to an order of the Probate Court,
made at the
Court, on the
sell to the highest
the city of
1841
of
and eleven
children.
Term - One third Cash, one third in four months,
and one third in eight
months from the day of sale,
purchasers giving negotiable notes with
approved securities.
will annexed, of
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Separated
of John P.
Now at this day comes the said defendant
saving and
times hereafter all and all manner of benefit
and advantage of exception to the manifold
uncertainties and
imperfections in the said
complainants said bill of complaint
contained,
for
thereof
as materially
make
answer unto the
That on the
of
forty five bags of Salt containing Sixty three hundred
& sixty three pounds at one and one eighth
cent per
pound
& forty five
& one half
forty cents making
of said Duty to Wm
said
which was sunk in a
in the
of one hundred
& forty five dollars and eighty five
Estate of said Duty, it as being the
of the given of
said account for the above amount was
before & allowed by the
in the fifth day of accounts against the Estate of
said Duty, on
the
the year
Eighteen hundred & thirty nine
which time this
on the above account -
Without that, that there is any other matter or thing
material or
necessary for this defendant to make
answer unto & not
herein & hereby will & sufficiently
is true. All which matters & things this defendant is
& charges in this behalf most wrongfully sustained
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sworn upon his
oath saith, that the facts
in the above answer
are true.
Answer of
H. Chouteau
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You are
the part of the
Office of
in the city of
and
state of
November
and 6 o'clock in the afternoon; and that the taking
of said
deposition, if not completed on that day, will be
continued from day to
day at the same place and
the same hours, till completed
Notice to take depositions
Served this notice on the
1841
to
copy thereof at
the usual place of abode
of
years at his
of his family over the age of fifteen
We hereby acknowledge
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We Command you to summon
that all excuses and delays being set aside
of the Peace within and for the County aforesaid, on the
day of
on the trial of a case wherein
then there this
writ,
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We Command you to summon
that all excuses and delays being set aside
of the Peace within and for the County aforesaid, on the
day of
on the trial of a
case wherein
then there this
writ,
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It is agreed that the taking
of depositions
commenced and continued from day to day
will be continued until
the
day of November
Agreements
Counsel
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We command you to summon
that all excuses and delays being set aside
of the Peace within and for the County aforesaid, on the
day of
on the trial of a case wherein
defendant on the part of the
and of this
then there this writ,
Justice fee 18
Executed this writ By
Reading to
Follis in
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At one or more of the
he
had made a will or would make one,
all his slaves, at his
strongly
impressed that the
had
made such will. Deponent states, that
the deceased further assured him
that he had sold
a
some ten or twelve thousand dollars; and that
he
was in amount very small, except the
of
this last
him, and to ascertain this, the
on
for the
south, which
the
spring of
in
some of his slaves, for the reason, that he did not
wish to
bring a part of them to
some part of them did not
wish to
with the
Deponent, being crossexamined by defendant's counsel,
states, that the
negroes of the
above
of knowing the amount of income
the Labor of the slaves
aforesaid. Deponent understood
from
a quarter per
as ranging from the first to the last sum. Deponent
had been told by
quantities of
was, as
on the
that one reason of this
on the
the
hours of 8 O'clock in the forenoon, and six o clock
in the afternoon of
that day, at the office of
and for the County aforesaid, in a certain
cause how
pending in the
St. Louis County,
as a court of
and others, complainants, and George
complainants.
James V,
sworn and examined on the
part of the complainants,
acquainted with
time of his death, which occured in
Deponent, in his professional persuits, and his
to the
economical man in his style of living, and from
his
that his
more than five or six hundred Dollars. Deponent
had frequent
income from the labor of his negros about thirty in
number, and
that the laboring part of there probably fifteen or twenty generally
brought him in from their daily labor, from
further states, that his professional attendance on
the
his
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of the sinking some pork here, at
Deponent further states that
his
was not paid by
referred to
and is not yet paid. Deponent understood
from
depart from
that he was short of funds; and that on
his
return from the south, the deponent did not
call on deceased
to demand the amount of his
medical account; and that the said Duty,
as this deponent belives, very suddenly, after
his return to
pork and attend to
other
further this
Sworn and
presence, on the day, at the place, and within
the hours in that
behalf aforesaid.
The taking of
sworn and examined, and saith, that
he was
part of
Deponent states that she
on the night of his death, in company with
have been
except,
of
the
arrived there. Shortly after the deponent
reached the house
aforesaid,
his wife came in. Mr.
took possession of all the books, papers and personal
property, of the
of this deponent, that said coons took possession
of the personal
property aforesaid, as he knew
that the
of said
with the
papers, in a
of all the money and property aforesaid, by this
deponent, at the
house of the
the said
of all the papers in
time of taking an
inventory and one trunk, a
any small
and the other one was taken away the next
morning. If any
night,
which deponent is
not,
he saw them before they were destroyed, but
is certain that none were
or waste
paper. Young Gallaway was present
at the examination aforesaid.
made by
aforesaid.
by the name of
and going out frequently. Knew none of the
persons
aforesaid, except
in with the papers aforementioned. Deponent thinks
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that there were with the papers of the
or claims to
the amount of four or five thousand
Dollars.
time Duty
Deponent states that he has been the book keeper
of
began to do
or he
out to work, and who paid in to D.
Coons their hire;
and said coons had instructions to
money they, the negroes might bring him, in the absence of the said
Duty only Deponent further states
that in about the month of February
or
the said Duty paid to D.
Coons, in
thirty three hundred Dollars; at the same time
gave
dollars, to
balance their accounts, about the
February 1838
and returned in May or June. That on a settlement
on the
his
to twelve hundred and sixty three Dollars and
forty seven cents; but
on the Books
of
the
Deponent thinks that Duty
receipts or notes for such advances. Has no recollection
that, at
the time of the examination of
papers, any of the above
mentiioned notes or receipts
were found among them. Deponent states,
that,
when Duty went to
Eight hundred Dollars
in
exchange for
sum, Duty gave his receipt to
took up his receipt. Thinks that this last mentioned
receipt was found among the papers of the
receipt now is; but thinks it is in possession
of
the settlement,
further state, that said Duty
afterwards, or after the
twenty Dollars and fifty Cents. The books of D.Coons
show that on
the
him and Duty was settled by cash,
twenty three
Dollars and Eight Cents. The note
above mentioned, of twelve hundred
and sixty three
Dollars and forty seven cents, was
1838
date. Deponent further states, that
one thousand and ten Dollars and ten cents, was
1838
twelve hundred Dollars, or thereabouts, which he
above amount, in
other note,
the Estate of Duty, of twelve hundred and seventy
eight Dollars and sixteen cents, was given by
Duty to
to
will also show
the
it was
last aforesaid was
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to
note against him, than any other person.
Deponent thinks
that this assent was
at the store of
some time in the month
of
presence of himself
certainly, and, as he thinks
in presence of
that the amount of cash on hand among Dutys
at the time of his death was
Deponent states, that he does not know that
has taken
any steps to collect the
estate
against persons in
has this year
estate of Duty to
collect, and that if be had so requested, he
would not have taken them.
Deponent states, in
explanation, that the note passed from
above referred to,
Dollars and sixteen cents, was
1838
referred to in this
Deposition, as
all in the hand writing of the said Duty, and two of
which
this
Deponent, bring cross-examined by counsel of G.
W.Coons, in answer to
notes above referred to, were, at the time of the
of
and that this
Duty was, at the
referred
to. Deponent further states, that
never kept any regular
set of Book, or Ledger
until the
for cash
in
were paid, the memorandum book of
an
hundred and two Dollars, and ninety cents. All
the
money which
hire of
1839
time of his death, was one hundred and sixty four
Dollars and
thirteen cents, and that the said
never received, for negroes
hire, between the two
Duty from
never
paid to
stated, except in general
settlements above refered to.
Deponent further states, that
acquainted with there,
the said Duty was always in
want of funds; and this was owing to his
want of success,
and his losses in his
his pork to
in the
money on
this account, but brought home notes
of some Missippi Bank, or Banks;
and his return
with the bank notes aforesaid was in the spring of
Deponent thinks that the losses of Duty,
on his
above mentioned,
of between four and five thousand Dollars. Deponent states
that on the night of the
in
then and there called on by
white
and informed
that he was
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and that thereupon they both went, immediately,
to the house of said
Duty; that this
at the house
of Duty three or four hours, and then
went away to
for the
of the
the
just referred to, any
to
would he have
permitted such a transation if he had
solicited or
on the estate of
and others, the personal friends of
The
following
of
Feb 14
By amount
Deponent states that the above
books of
are
all the entires in said books in account between
the parties aforesaid
during the period of time comprised
from
that the first
an account commencing
and the next item, is in the hand
writing of this
deponent, and the remainder of the account copied
above, to
of
eleven
hundred and eight dollars and
cents in said
account being charged as having
been paid to
it was paid to him. This Deponent did not see
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the next
paid to Duty, nor
three hundred Dollars paid to Duty. Deponent
further states that he
did not see the two following
items of three hundred Dollars each, cash,
paid
to Duty, to his recollection at this time. Deponent
states, that
the first account copied into this deposition
containing the heaviest
entries, is from a
book or petty ledger and further this
deponent saith not.
sworn and subscribed to before me and in my
presence on the day at the place
and within the
hours in that behalf aforesaid.
The taking of these depositions is adjourned, by
consent of parties to
monday the
of November 1841
forenoon.
on this
taking
of the deposition in the above case was
Augustus
H.
complainants,
acquainted with
and that he lived in a plain and
manner and in a house which
that he could not live expensively.
The party defendant and his counsel not
being present the taking of
Depositions in
this case was adjoined to the
1841
The taking of these depositions by consent of both
parties was still further
continued until the
1841
the
city of
On this
was
the city of
and examined, deposith and saith : That he was
with
his
lived a near neighbour to the
time of the
at
the time this deponent was laying out the
and that the said Gallaway, was the
as this Deponent had been told by the said Duty in his
life time; and
that the said Galloway was then
at the house of the
and going to school. This deponent states, that a man
came there with
whom he was not then
whom he understood to be
the trunks
of the
know that he would now
the
was
this
deponent did not know, came in and the trunks
of the
they, the two white men aforesaid began to
said trunks,
and this Deponent then and there demonstrated
against this proceeding, as
being premature
before the
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was done by
the negros, under the question of the white
persons above referred to,
the papers mentioned were
not know the character of the papers referred to,
but
saw writing on them and that by the
them in all; Did not see the persons above mentioned
tear the papers, but saw them taking the
papers out of the trunks,
and had not noticed the
papers, particularly, until they had been
did not see any
taken of the papers and efforts of the
on which
that the name of the negro who was
away
the trunks, and who was the slave of the
was
had returned home from the state of
time previous to his Death. Deponent further states, that
after
the return of said Duty, he saw in his
a large pile of
had enough if it to pay his
understood the sum to be about five thousand
dollars. At the time
the
his money,
as first stated, and conversing about it with
one
he was that pay
going up to Mr.
in up his
The taking of this examination is further adjorned
until
The examination of the
on the
of December 1841
infrequent conversation with
a short time before his death, he the
that
he himself and one of his slaves had worked hard
for what he had and
that no one should be benefitted by
it and that he would set all of
them
time of his
will to that effect which was left
further states that the
fore his death, when he had the money by or spoken of just after his
return from the south, that with the exception of his
This
negros came in, to
their master, and paid him their daily
does not know what the woman received.
in answer to a question by the plaintiff's counsel
says, that he
is now in fail on a charge for
of the
The
counsel,
death of
of the
the
house of
other was a small one; and these trunks
another room
at the time of his
that the
two white persons who came into the house of the
the trunks were taken out of the bed room
of Duty, into the larger
room, and there examined - the
house, and was taken
then into his bed room, after his
Death. Deponent states, that when the
persons who came in
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as above stated, they asked for the trunks of the
and these were the first
saw the young men all the while in the house
of the
and did not see them go out, after
they came in
until they went out with the trunks, should think
that it was ten or fifteen minutes from the time
the young men
aforesaid came in, until they went
out of the house with the trunks;
Deponent Does not know who went
out after and
Deponent states, that he does not know what
of papers the torn papers
has already
mentioned as having been left on the
floor, after the two young men had
gone out with
the trunks -
not examine the
had been torn into four or five
know what
became of the fragments of the torn
papers
the trunks before mentioned were carried off at the
time
knew that their master had made a will to free
them at his
about it before them. Duty died any suddenly. Deponent
was in this
him
died, when
he had only time to taken him up
in his lap, before he was
that any post mortem examination was made of the
the
after
home
and came
against the examination of the trunks, was that
he thought they
ought first (the young men before mentioned)
to attended to the
torn papers
which he has before spoken of were of
any
opionion about them. The papers were examined in an
adjoining room to that in which the
a
at the time;
not know that the
aforesaid; but lay near where the trunks were examined,
and had
not seen them before.
Deponent being again examine in chief, states,
that he did not examine
the fragments of the
papers spoken of, but only
his feet.
from
as well as he recollects. The two white men frequently
spoken of
in this deposition when they came into
the house of the
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I,
within and for the
Prather,
by me sworn to testify the whole truth
of their knowledge
touching the matter in
controversy aforesaid; that their testimony was
by me
in my presence on the day, at the
place and within the
hours in that
behalf aforesaid.
Opened & filed
Depositions for Plaintiff
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You are hereby Notified, that Depositions of Witnesses to be read in evidence
in the above cause, on the part of the
in the
day of
in the forenoon, and 6 o'clock in the afternoon: and that
the taking of said depositions, if
not completed on that day, will be
continued from day to day at the same place and between
the same hours,
till completed.
I acknowledge legal
notice
this-
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Opened & filed
Depositions for Plaintiff.
Fee $ 1.50
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Question What did he do with his property &
negroes when he
left
and moved to
Answer
him to
Question
debtors & how much did each one, & do
you
know
Answer
left two notes with G.
at law for collection; one was against - G
not, it was for
Also there was
in which he
or five hundred dollars- These were all
the
hand- He told me had a note of $900
against
was refused by me,
John
Henderson owed him
I
amount- There are persons I recollect I think
his mentioning that
owed him -
that the two first
collected;
about the
question Was Duty
County if so state whether you have
Answer He owed me a note of between a $1000 & $1000,
any amount
Deposition of witness produced sworn and examined at
the office of
a justice of the
be
certain
and
on the
sworn and
examined deposith and saith in
answer to the following
Question by Complainants Counsel- Were you
the time you first knew him?
Answer I was acquainted with him, he resided in
I resided to the
always
and
removed from
spring of
Duty resided here untill he died-
Question Were you intimately acquainted with him and his
Circumstances ?
Answer I was intimately acquainted with him, and knew that he was
in
good Circumstances as I considered, his property consisted
of negroes, I think he owned about 25
or 30 negroes I
he
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paid me over a thousand
dollars
about
$132 still owe me for
was not paid up to the time of
and applied to
me; he wrote me an answer
which is now in
home of
afterwards came to
about my claim, he
told me
there were to many preferred
behind that it would be a long
time before
money and
claim and
refered me to his
son to purchase it - I did so, I
offered my
claim to George U coons the
son of
amount he paid me for it before
selling it
I would do
Beaume a justice of the peace
with in and for the County
aforesaid, do
hereby Certify that
deponent
was by me
testify the
knowledge touching the matter
in
aforesaid that deponent was
by
me reduced to writing and
subscribed by said deponent
my presence on the
of April
1843
8 o clock in the
said day at my
the city of
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And now at this day come
the said complainants by their attomey and move
the Court that a
by
this Honble Court to whom it shall be
of
said
of the
books, papers, and vouchers, countaning
the original entries and
the debit and credit
account of the said
and with
of said Duty; and
that said
be instructed to make up and
state said account from such books
of original entries, papers, and other
original vouchers,
evidence produced before him with-
out regarding any settlement
or settle-
ments heretofore made before the County
or probate Court
of St. Louis County.
Also, that said
up and state
an account between
said
his accounts
with said estate, before said
papers and vouchers therefor before said
sioner be instructed to make up and
state the last said account
also
from the original papers
and other legal evidence produced
before him without regarding
any settlement or settlements of the
said
of said Duty made or exhibited
before the
Court of St. Louis County.
and that
said
make
account
so by him taken, to this
shall have been taken
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The answer of
of Preston, Braxton &
others.
and now
said bill of complaint, on account of the
and insufficies therein, for
or to so much
thereof as he is advised if is necessary
for him to answer, says that
true it is
that the complaintants in said bill were slaves
of the
said
from
the state of
said Duty sometime in the
spring of
and that said Duty
until the month of
died,
appointed administrator of his estate, short.
by after his death, that some time afterwards
a copy of the will
of said Duty
before the County
and the letters of
administration
originally granted to this defendant were
thereupon
was
ther appointed administrator
non with the will annexed of said Duty
and has ever since been
this
defendant further
while the
said Duty resided at
permitted the complainants to hire
themselves
or such of them as were able to earn wages, and
that he
said Duty generally
received an money for the
except
in the absence of said
Duty, when he received from time to time
several small sums not exceeding one
hundred dollars as this
defendant is informed
and
further states that from his knowledge of the
dealings and
transactions between the said
Duty and the said
the said
of money to said Duty during the year
and
in which the said Duty was then
That said Duty met with a heavy
in his pork
as this
defendant is informed and believes
to five or six thousand dollars.
That the said
Duty shipped his pork to the
Henderson of
for said Duty.
That said Duty did not
attend to the
to
of the sales, and as this defendant is
informed and believes
took
three and
four thousand dollars of
bank notes belonging to the said
for other
fifteen percent or to return the same-
That said Duty did return
the same to said
believes that said Duty failed to collect
any of the
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from said Hendersons
aganist them therefor, which has been
that the said Duty did obtain
some funds at the time
from the bank at
which he brought back with him to
and this defendant
further says that he is
informed and
was indebted to said
sum of thirty
seven hundred dollars, when
a settlement took place between them and
a portion of the
that the said
further advances for said Duty and paid
and that said
was
hundred and eighty four 18/100 dollars,
of
the time of said Duty, death till the time of
the allowance
of the
And this defendant further
denies
insinuation
to
the
or receipt or other valuable
of
at the time of his
set
forth, and
are
false:- That on the
death,
to the house where this defendant and though
that the said Duty
was
requested
with him to the house of said Duty- That
this defendant and the
said Gallagher
being then in
there at about the hour of
at
said Duty was dead- That he examined the
dark and that there were
appearances about it- That he questioned
such of the complainants
as were present
death, and was informed by them that he
had been a little
two and had
taken
and
the said examination and inquiries and
such
as the circumstances required, the said
in the house and requested this
to take charge of the same that said
also requested this defendant to take
same; That this defendant and said
the papers and contents of the
others who were present in the house at
the
or
papers found - that the
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the papers were
and
by said gallagher
this defendant at the time and before this
defendant took
That no receipt note evidence of debt,
belonging to, or
affects of said Duty, was ever
destroyed
defendant or by anyone else to his
edge, but on the
has
accounted to the county court and
probate court for every dollar of
and every note, evidence of debt,
claim, debt and every article of personal
that ever come to his
belonging to or found
said Duty
at the time of his death or since
and this defendant further says that
he had
no knowledge of the existence of the will of
of said Duty
at the time the letters of
administration were first taken out by
him, nor until about the time a copy of the same was
presented to the
county court for record
And this defendant further
says that previous to the
a.D 1839
of St Louis County against the estate of
said Duty and
placed in the fifth class to the amount of seven
thousand eight hundred and sixty one dollars and
three
and the
to the
amount of three thousand
been allowed in said
court and in the
estate and placed in
the sixth
demands amounting to nineteen hundred
and eighty
six dollars and forty seven
have been allowed
against
the
in the seventh
all the
sum of thirteen thousand four hundred
and seventy nine dollars and
twenty three
note of ten percent per
orders of the said probate court he has
said ninety per
allowed in the fifth
due and
aforesaid with the intreset due
after
aforesaid upon the demands in the fifth
amounts at this time to
eight thousand dollars - That he, this defendant
had in
his hands on the last December
of the probate court and has now, of effects belonging
to the
eleven hundred and forty one 73/100 dollars in cash
notes due and
to
the
hundred and sixty four
dollars and one
- notes against persons in the state of
to the amount of forty nine hundred
and ninety five dollars and
ninty three
The complaintants, slaves belonging to the
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Estate of said Duty which were
the fall of the year
eighteen hundred and thirty
eight at the sum of seven thousand
seven
hundred and twenty five dollars
and this defendant further states that
there
are notes
hundred and
fourteen dollars and nineteen
belonging to the Estate of said Duty, now
in the
nistrator de bonis
non with the will
of the said Duty in
of the time of his death to the
this
defendant - and
not
of any
said
stated, and is informed and believes
the above statement contains all the
property
and effects of said
of this defendant, and of the aid adminis-
trator in the state of
and for a more full statement of the condition
of the said Estate this defendant here
files
administrator of said Estate in the
Court of St. Louis County, together with a copy
of the inventory of
the effects of said Estate -
and of the
Estate - which said
of this answer-
This defendant further states that all the
in said
and allowed by the
said
Estate of said Duty, and be believes them
to be
demands in said trancript specified in from
of
of the planters
said
illegal were established by judgments
in the
after
defendant - and this defendant
by
to the allowance of any demand
said
the charges and
thereto in said bill, are
false and
further
state thats ever since he has
administrator, he has
perform his
duty as such, and has used
even
most out of the effects and
which came to his hands -
and
this defendant further states
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he has used every
due on the said notes against persons in Missisippi
and
the effects and
inquiries he has
nothing can ever be
realized out of any
of the said notes against persons in
in his
four thousand
five dollars and
nothing could
means upon the same
this
defendant became the administrator
of said Duty - that the names of the
makes
of said notes will appear by reference to
the
in said
the said last mentioned
notes against the said
thouand two hundred and twenty seven dollars
and sixty seven
for and
against this defendant a administrators
of said
was
that nothing will ever be realized out of any
of the said
notes
of said Dutys Estate in the state of
as above stated-
and this defendant
amount of notes above
of
cannot be
further States that since the
of said Duty of the
seven hundred and twenty five dollars,
value of
proportion -
information he has, that all of the said
of said slaves for the year
of
dollars - and for the year ending the
25th
eighteen fourty
hundred and
of the said
last by order of the probate
the
to only eleven hundred and twenty nine dollars
and fifty cents -
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This
of
thousand dollars as aforesaid he added the
of five hundred dollars admitted in said Bill
as in special
to
one
not yet
hundred dollars for
commisions to this defendant
and other expenses of the administration
yet to
of
paid
out of the
defendants administrator of the said
Estate - and this
defendant believes that
To much which demands this defendant has
as
Eleven hundred and
forty one dollars and seventy
three
able for the hire of the said
three
ninety nine dollars - making in all the
sum of twenty
seven hundred and forty dollars
and
means
of the said Duty, which will be available
on the
hundred and forty
three
value of said slaves, to
about
the sum of six thousand
fifty
paid
being
statements and estimates be
defendant
be insufficient to satisfy all the demands
against said
last
which is to
eighteen hundred and forty three
above states
for the amount of Eleven hundred
and twenty nine dollars and fifty
as
above stated, and also
the
if demand
the said balance of
said
the Estate, long
since
which the
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this defendant to
and
the said
the
the commencement of their suit and
up to the time of his
death, been in capable
from mental and bodily informity of
answering the the said will of copmplaint-
And still defendant
all found knowledge of found
wherewith he
bill of complaint, and says that
and every such charge is false-
This defendant having fully
the said bill of
the
injuction
sale of the
said slaves belonging to
and that
be
discharged with
and
foregoing answer so far as they depend
upon my
and as for as they depend upon
them to be true
Answer of
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Exceptions to the answer of
Filed
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The exceptions taken and filed by the afore
said complainants to the
answer of
administrator of the estate of
ed,
First. For that the said
forth in his said
answer whether or not the
said Duty, on the
1836
and
was proven before the Probate Court of
in said Bill alleged - nor
whether
ecutors named
in said will - nor whether
said executors having refused or
neglected
to qualify as such, at the time mentioned
in said Bill,
one
appointed and qualified as administrator.
Second. For that said
answered whether or not said
will of said
Duty contained the directions in regard to the
disposition of the estate of said Duty, the payment of his
debts, the
sale of certain slaves in said
will mentioned for the payment of
said
debts, nor whether said last mentioned
slaves have been sold
for that purpose
and
oratrices, not otherwise disposed of,
day of his death, were to be set free and
by the provisions of the said will - nor whether
the only
specific legacies made by said will
are and were as is particularly
specified
and set forth in said complainants Bill
of Complaint
Third. For that the said
answered and set forth
whether or not said
Duty, in his lifetime, made one
in
said Bill of Complaint mentioned, his
financial agent, and paid into
the hands
of said
hire of your
orators and oratrices, as he received
the same and also money derived
from other
sources.
Fourth. For that said
set forth in his said
answer
use for money except in the pork business,
and for
his personal expenses, and whether said Duty did not execute
to said
sum of between three and
four thousand
dollars, or the greater part thereof.
Fifth. For that the said
not set forth whether or not the
said
Duty did not receive the proceeds of the
sales of his pork
sent to the South princi
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pally in
of the
some time in the month of
returned to
after, paid the said
amounting to three
thousand dollars or
upwards to the said
discount
of about 15 percent and whether
the said payment together with the hire
of
your orators and oratrices and other money
afterwards received
and deposited in the hands
of the said
all the claims of said
vanced on
account of pork, and did not
leave a considerable sum due to said
Duty
at the time of his death - nor whether the
said Duty took up
his notes at the time
he paid to the said
sissippi money, as aforesaid, or took any
receipt therefor, or
for any money deposited
as aforesaid.
Sixth. For that the said
forth whether
or not the said notes
executed by said Duty to said
of between
three or four thousand
dollars, as above stated, were made
use of
again in the hands of the said
the estate of said Duty after his death.
Seventh. For that said
forth in his said answer
whether or
not the said
lager and said
Duty
were both in the employment of
the said
Eighth. For that the said
whether or not he
said
the night of the death of said Duty,
order one
of your orators,
bring to him said
taining the papers and money of the
said
Duty, and whether or not he did in the
presence of the
persons, charged as having
been present in said Bill, tear up and
destroy a number of said papers, and take away others with him - nor
whether
the said
receive from one
indignant remonstrance against such
illegal
conduct, and whether the said
not help it, nor whether the said
did not immediately thereafter
take
out letters of administration on said
the first claims brought forward
and allowed
by the St.Louis County
court were those of his father the
said
sum of $3683, 68 1/2
Ninth. For that the said
his said answer sufficiently
set forth, whether
or not the pretended claims of said
in said
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against the estate of said Duty, are
not wholly iniquitous and
whether or not the same are now
brought
forward and supported on papers illegally
obtained.
Tenth. For that the said
forth in his said answer
whether or not
he did obtain an order from the
orators and oratrices as slaves for
life,
and whether the said order was set aside
by said Court of
St. Louis County, on
the
the will of said Duty was then
admitted
to record by said
the said
by said
orators and oratrices.
Eleventh. For that the said
forth in his
said answer whether or not
the claim of
of said Duty, for $1300, the amount of a
penal bond, and
for $90, the amount of a
note purporting to be executed by said
Duty
and the judgement obtained by the Planters
the said Duty,
of John and
said estate, are unjust as charged in the
Complainants
Bill.
Twelfth. For that the said
in his said answer
what efforts have
been made by him for the collection
from persons residing in the State of Missis
sippi.
Thirteenth. For that the said
in his said answer either
admitted or de
nied that he obtained an order from
the Probate
Court of St.Louis County to
sell all of your orators and oratrices
ex
cept Preston, Braxton, and
for life, on Tuesday
the
and because the answer of the said
is evasive, uncertain, and
wholly insufficient.
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named complainants being duly sworn, on
his oath says that he verily believes that
that portion of the answer
of
every
exertion to collect the notes due to
the estate of
persons residing in the
but
that no portion thereof can be colleted
or could, at any time since the
appoint
ment of said
have been collected -
is untrue, that
affiant accompanied said Duty on his
last trip to
the south prior to his death,
that affiant knows that most if not
,
all the persons who were indebted to said
Duty were at that time men of
property
some of them men of large property, that
he has often
heard his late master said
Duty say that he could collect what
was
owing him in the south in the
next fall, to wit: the fall of
and that he would do so, and would
Addition in the city of
would erect cabins for his
negroes
so that in case he died they might
have homes. Affiant had
conversation
with a Mr. Egbert Sessions, about three
years since,
a gentleman who then resided
and, as affiant believes, still
resides
in
sissippi, in the
neighborhood of most
of the persons who were indebted to
said
Duty, and affiant was inform
ed by said Sessions, during said
con
versation, that the debts owing to said
Duty in the South were
most if not
all of them owing by solvent men
and that the same
could be collected.
Affiant also conversed with a Mr.
Joel F.
Anderson about a year since who was a brother
in law of said Duty, and
who resided
in
pi, and was
an overseer on the plant
ation of said Duty in said State,
and
affiant was informed by said
take South with him to collect,
that he said
nished that said notes had not been
sent South for collection, that he
believed most of the money due
to
the estate of said duty in
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could be collected, except perhaps
owing by a few persons who has
failed
said
he thought said Duty
was owing no
debts in Mississipi when he died.
Affiant further
states that he believes
he can prove by the testimony of said
Sessions and said Andersons, as well
as by the testimony of other
witnesses
whose evidence he will be able to
procure by the next
term of this
Honorable Court, that the portion
of said Geo. W.
Coons' answer before
mentioned is not true, and that
said
Mississipi debts might have
been collected had proper exertions
been used, and might probably
now be collected, or the greater
part
thereof might; that the affiant
has not been able to
procure
such testimony since the coming
in of said Coons' answer,
but
that his counsel in this case is
now on a trip to the South
for
the purpose of procuring that and
other evidence to be used on
the
trial of this cause, and furthermore
this affiant saith
not
Affidavit of
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Additional answer
of
admr. of Duty.
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with the
will annexed of
for further answer to
such
complainants bill of complaint, as were
adjudged by the court
not to have been
sufficiently answered to by him says - that
the
said Duty in his life time did not to the
knowledge
of their defendant make the said
upon one occasion during the absence of
the said Duty upon business in the state
of
informed and believes that the said
his agent for the sole purpose of the
superintending his slaves, providing for
their wants, and
receiving the
which the complainent
slaves
into the hands of the said
all moneys from the hire of the com-
planiants as he
received it, nor among
was necessary for the ordinary expenses of
said Duty, as in
said bill
this
defendant does not know whether or not
the said Duty had any
use for money
otherwise than for his ordinary
expenses
business, and if
the fact he
proof of the same
And then defendant further states that
he does not know whether or not the said
Duty ever
received the proceeds of the sale of
said pork in the notes of
the Banks of
the state of
funds
he ever did receive the same or
any part thereof, if he ever
did receive
any of the proceeds of said sales - But
this
defendant is informed and believes
that the said Duty did not
receive
any of the proceeds of sale of said
pork on his
visit to the state of
1837
this said Duty did not on his return from
said state in
and thirty seven, nor immediately
there after pay any
sale of his pork to the said
at a discount of fifteen percent, or at
any other discount.
But this defendant
says, as he has in his answer before
stated-
that the said Duty on his return from
the state of
dollars of
said
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alleged, but presumes that he did so
for as
payments on account thereof
were made- And if the fact be
other-
wise, he requires proof of it, nor does
this
defendant know whether the said
Duty took receipts for any
Missis-
sippi money paid to said
receipts for money deposited with
said
or not- but if the facts be material
this
defendant requires the same to
be established by proof
And
this defendant further states that he has
no knowledge that any
notes executed
by said Duty to said
the sum
of three or four thousand dollars
or any note or notes for any
other sum or
sums were ever made use of after having
been
paid or taken up by said Duty, to establish any
claim or claims
in favor of said
of said Duty after his death
but if the fact be so, this
defendant
requires the same to be proven-
nor does the
defendant know that
any receipt if any were ever given
by
said
note or notes or
for any money deposited
at any time by said Duty with said
have paid the said
from said Duty out of
the money which
this defendant as mentioned and believes
the
said Duty obtained from the
Bank at Vicksburgh- but how
much
money if any, or in what kind of funds,
said Duty paid, if any, this
defendant
does not know and if the fact be material
he
requires proof of the same- And this defen-
dant
Duty
after his return from
if any was paid, with the bill
of
the complainants
and money deposited
with said
all
the claims of said
against said Duty for money
advanced
on account of the said pork business
and says that,
and believes was due to said Duty
from said
death of said Duty- And if the fact
be
otherwise, this defendant requires the
same to be
established by proof
And this defendant further states that
he
has no personal knowledge whether or not
the said Duty
paid the said
any
whether the said Duty, at
the time of
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one at any
time before or since the death
of said Duty- nor does this
defendant believe
that any such receipt has ever
destroyed
or suppressed by any one -
And this defendant
further states that he did not on the
of said Duty containing the papers
and
money of said Duty, as in said Bill
charged, but the
said
the trunk without being asked and
brought
the same to their defendant on the said
night efore
being requested so to do-
And this defendant further says that
he
does not know nor does he believe
that he tore up or
destroyed, on the night
of the said Dutys death any paper or
papers
of any kind whatever,
bill alleged, either in the
presence or absence of
the complainants
persons present in the house of
said
Duty at the
as in said Bill alleged
utterly denies ever having heard or
received
from the said
one else on the
night of the death of said
Duty or at any time, any
in said bill
or of ever having replied that he could not help it- And this
defendant admits
is to be true that he did on the night of
the
death of said Duty, after an examination
answer, take
and carry away the said
trunks and all the papers of said
Duty,
except some worthless envelopes and pieces of
blank paper, which may have
been left
upon the floor where the said examination
was
made, but whether or not any such
were left there, this
defendant has no
recollection or knowledge
this defendant says he was
away the trunks and papers on
the said night
because he did not think it safe or proper
for
in the trunks neither of which had any
lock
or key in the house of said Duty-
no white persons in his
family and his
house and household affairs being
soleyin charge of the
complainant-
This defendant also admits that
he became the
administrator of said
Dutys Estate immediately after the
death
of said Duty, and thus among the
first claims allowed
against the
estate of said Duty were those of the
said
sum of thirty six hundred and sixty five
dollars
and twenty eight cents and a half, or will
appear on
the transcript of proceedings in
the probate court
and made part
of his answer-
And this defendant further says-
that the
said claims allowed in
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Estate are
not, nor is either of them, to the
best of his knowledge and
belief in any
manner false,
nor are the same or either of them
to the best
of this depondant's knowledge
and belief brought forward and
sup-
ported on only papers illegally obtained and if the fact be
otherwise, it is
wholly unknown to this depondant
and he
requires the same to be
proven-
And this defendant further
states and
admits that he obtained an order from the
county
court to sell the complainants
as slaves for life and that said
order was
set aside, and the will of said Duty
admitted to
record by said court, and
that thereupon this defendant was
ordered by said court
to hire the complain-
ants as in said bill alleged- thus
defen-
dant further days that he has no knowledge
of the
Strong
for thirteen hundred
of the said bond,
claim of said Strong in the said
note
for ninety dollars, nor of the
the claims of the Planters'
and
of said Duty, except from the
evidence
complainants made
to him in respect
to said claims. This defendant says
that
he was informed by the
said bond,
was
mostly due from said Duty to
Strong for the
slave which said
to deliver to
said Strong in exchange
for a certain slave which said Stong
had delivered to said Duty according
to the agreement and
bargain for
exchange between said Duty and said
Strong- said
Duty having failed to
deliver the slave to said Strong-
which
by his agreement he was bound to do-
and this said
slave which said Duty
was bound to deliver was at the
time
with thirteen hundred dollars-
and that the
evidence
in
court in support of said claim
plainants in
respect to the said
bargain and the value of the slave-
This
defendant further says that
the said John and
in court an account current, with the
said Duty
upon the trial of some suits,
and by
sufficient
established their
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in said
judgment specified, after allowing
due credits for the amount of
the notes
specified in the inventory in said
transcript
court
against said estate in
favor of the Planters
Bank was upon a judgment
rendered
against him as administrator
of said
Court of Common Pleas- that the evidence
addressed in the trial was
by the court sufficient to cause a judg-
ment
specified in the said transcript from the
probate
court- and this defendant
has no
but this defendant believes that all
of the claims above particularly mentioned, and debt other
claims
allowed against the said estate are just and
and
legal- And if the fact be otherwise
he requires the same to be
proven
And this defendant further states that as to
the
situation of the said notes due form persons residing in
the
state of
to
collect the same, that at the time of the death
of said Duty the
notes held by him against the
said John and
amounting to thirty two hundred and twenty
seven
dollars and sixty seven cents had been placed
by said Duty in his lifetime
in the hands of
and
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were
upon notes amounting to two thousand
and seventy dollars and
eighteen cents, against
dollar-
for three hundred dollars,
Joseph Duncan for
one hundred and sixty eight dollars and twenty
six
cents and,
and one
dollars and ninety two cents, makes
residing in
of said Duty at the time of his death
and
were received by this defendant as
administrator-
immediately after the death of said Duty
exhibited
said
Mr. Duty, a brother of the said
Duty, who was acquainted with the said
notes and
their circumstances- that
this defendent was then informed
by
the said brother of the said
Duty- that all the
said makeers were
and
that nothing could be made
and of any- of them and that it
was
useless to go to the expense of suing upon
said notes-
that he made other inquiries
of persons with said acquainted
the circumstances
of the said
and received
the same information, which
he believes to be true- that
thereupon, as
soons as he
there ever since- That this defendant has a
receipt
from said attorneys for said notes given by them
to
said Duty, dated at Vicksburgh
of May
has
corresponded with said attorneys, and
has urged upon the prompt
collection of said claims- that he has been informed
and
believes it to be true, by said attorneys
that suit has been
brought against said
Hendersons upon said notes, that
there
was a failure to
reason of a
set off pleaded and sustained
by said Hendersons against said
notes-
that the notes held by said Duty at the time of his death
against T. Evans,
S. Stephens, S. Fletcher, F. Banfield, S.
Fletcher, W.
Allen of Mississippi amounting to twenty one
hundred and thirteen
dollars were placed by said Duty in his
lifetime
in the hands of-
in or
near Vicksburgh in the state of
they have remained ever since, and that this
defendant
has the receipt of said
for said notes given by him to
said Duty in the lifetime of Duty, but
has never hand any of
said notes in his
possession- that he has corresponded
with
said
collection of said
notes- that his is informed
by said
received on
that nothing has
been or can be realized out
of the makers because of their
insolvency-
all which this defendant believes to be
true-
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was appointed administrator de bonis non
with the will of annexed of
said Duty in the state
of
notes in the hands of said
trator,
said that he is not informed whether An
derson has sued upon any of them
or not-
but presumes he has not, for the reasons before
stated of as to the insolvency of the makers
thereof - This defendant
utterly denies that
he has been guilty of any negligence in
respect to the collection of any said
notes due by residents in the
State of Missis
sippi, but says that he has used all
the diligence
which he was bound to use-
and that nothing could have been
made
out of said claims by any efforts or
legal process since the
death of said Duty-
to the best of his knowledge and
belief-
Personally appeared
in open court
duly
sworn on oath says that the facts
set forth and Stated him in the
foregoing
answer so far as stated to be within his own knowledge
on time, and so far as stated to before
information derived from others, he believes
the same to be
true
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The replication of the
said complainants, to the separate answers
of
deceased,
and
of the late firm of Reiley
&
complainants' Bill of complaint:
These repliants
saving and reserving to themselves all and all
man
ner of advantage of exception which may be
had and taken to the
manifold errors, uncer
tainties, and insufficiencies of the said
an
swers of the said defendants, for replication
thereunto say that
they do and will aver,
maintain and prove their said Bill to be
true, certain, and sufficient in the law to be
answered unto by the
said defendants, and that
the said answers of the said defendants
are
very uncertain, evasive, and insufficient in the
law to be
replied unto by these repliants;
without that, that any other matter or
thing
in the said answers contained material or
effectual in the
law to be replied unto, and
not herein and hereby will and
sufficiently
replied unto, confessed or avoided, traversed
or
denied, is true; all which matters and
things these repliants are ready
to aver, main
tain, and prove as this Honorable Court shall
said Bill they have already prayed.
Replication
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defendants, Causes and reasons to
himself all manner of
benefit and advantage arising from the manifold
errors
untruths
ainants bill, for answer thereto or to
so much of said
bill as he is advised is material for him to answer
unto
for answer says, that he this respondent has no knowledge
whatever of the dealings between said
dent any knowledge of the
said
no knowledge of any
found on the front of said
or any other person to
swindle or defraud said decendent in
his lifetime nor his Estate after
his decease and this respond
ent most positively states that he this
respondant never at
any time
to defend said
of the
respondent allowed by the probate court of
state of
said
dent
against the estate of said Decd, was at said true honest
and justly due
to this respondent that no part of the same has
ever been paid but the
whole amount of each still remains
due & owing to this
respondent, all of which this respondent
made manifest before the
probate court aforesaid
just ordered the same should be
allowed aga
inst said estate of said Duty, all of which
will move
fully appear reference being had
to the record of said Court of probate
aforesaid
which said record is prayed to be taken as a
part of the
answer, this respondent having
answered all that it is deceased
material for
him to answer prays that said bill or to him
may be
dismissed and this respondent
discharged with his
before the
undersigned
probate court of
the county of claiborne aforesaid and
being by me first duty sworn
deposes on each
that this facts an honest in the foregoing answers are
true.
In witness whereof I have hereto sub-
scribed my name
& caused the seal of said probate
court to be hereto
appeared this
Answer of R Strong
Judge of Probate court of the county of
do hereby certify that Frederick J.Poore whose name
is
of the Probate Court of the County of claiborne and
was at the date of his
said certificate is in due form of law.
Given
under my hand & seal this
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sitting as a court of Chancery the petition of Preston
Braxton,
a suit is now pending and
undetermined in this court
wherein they are complainants, and
administrator of
and
others are defendants.
Your petitioners further
represent that the
said
life on the day of
having filed his answer to the bill of
your peti
tioners aforesaid and that the death of the said
court.
Your petitioners
further represent that
cutrix and
will and
testament of the said
deceased and have taken out letters
testamen
tary upon the said Estate from the Probate
Court of the
ners therefore pray that a Summons in
the na
ture of a scire facias
against the said
the
said
and your petitioners as in duty bound will ever pray
Petition
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Whereas, Preston, Braxton,
filed their Bill in the
cery sitting, against
Duty deceased,
still remains pending in our said Court; and whereas it
hath been suggested to us that since the
filing of the said bill,
departed this life and that
has been appointed Executrix and
last will and testament of said
taken out letters testamentary on said Estate from
the Probate
Court of the
These are therefore
to com
mand you that you summon the said
ecutrix and
term of our
of November
for the
defend the suit of said Preston, Braxton,
ers; and have you then there this writ with your
return
thereon how you execute the same.
Sci Fn:
Sci Fn: against Exx & Exr
of
Executed this writ in the
the contents thereof to
day of November 1843
said
defendants each refused to hear
read and by delivering the
certified
copy of the Petition furnished with
this writ by the
Clerk to
on the said
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On this
one thousand eight hundred and forty
a justice of the peace for the county aforesaid, personally
appeared
G.Ramsey
printed and published in the
and that the
advertisement, of which the annexed is a copy, was printed and
pub
lished in said Newspaper for
publication being
in No.
fourth publication being
in
No.
No.
the seventh publication being in
No.
Sworn to and subscribed before me, the day and year aforesaid,
Notice to the defendants, Joel L. Anderson.
President, Directors and Company of the Planters'
Bank
of Mississipi,
son and
The subpoena in this cause, having been returned by
the sheriff, that
you cannot be found in his county, it is
ordered, that you be notified
that said complainants have
filed a bill in chancery against you and
others, the object
and general nature of which is for complainants to
obtain
their freedom, and also to obtain specific and other
lega
cies bequeathed by
ants and
to enjoin
until the further order of this court, or
the determination
of this suit; and it is further ordered, that you
said de
fendants, appear at this court at the next term thereof, to
be begun and held at the city of
Monday of
November next, and on or before the sixth
day thereof, answer or demur
to said bill, or that the
same will te taken against you for confessed,
and that a copy of this order be published according to law.
Affidavit of Publication.
except
Robrt Strong
they can be found in this city.
They also possess the
advantage of
having a resident partner in New
who will keep them constantly
supplied with such an as
sortment as is now desirable in this
market.
--Now In Store--
150 bales 4-4 Ir. Head, Lawrence C. Manchester,
Croton and Phoenix brown
sheetings;
40 bales 3/4 and
20 cases bleached shirtings and sheetings:
10 do satinetts; 6 do kerseys;
8 do
10 bales Croton Osnaburge; 8 do brown drills;
3 cases blue drills; 4 do shirting stripes,
45 do fancy prints from 7 to 15c;
6 do blue &&
4 bales white flannels; 6 do plaid
4 cases
2 do 6-4 Isabellines; 2 do 6-4 merinos;
2 do Alpare lustres: 1 do 3/4 col'd merinos;
10 bales ticks; 50 do cotton batts;
30 do candlewick; 4 do 8-4 Highland cloths;
2 so plaid coat linings; 1 do canvass;
1 do red padding; 2 cases 4-4 check;
2 cases cotton napking; 2 bales crash;
2 bales Russia diaper; 2 do Canton flannels;
3 cases American solid head-pins, large size;
13 do Willow cottage, Oriental, Modena, Flo-
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The said complainants move the court
for a decree nisi against
of the said defendants, for
motion for decree nisi
against
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You are hereby notified, that Depositions of Witnesses to be read in evidence
in the above cause,
on the part of the
known as
“Children's Hotel” and recently &
probably now kept by
Glidewell in the city of
in the
day of
afternoon: and that the taking of said
depositions, if not completed on that day, will be continued
from day
to day at the same place and between the same hours, till completed.
I acknowledge service of the another notice.
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Know Ye, That we, in confidence of your prudence and fidelity, do, by these
presents,
authorize you to cause to come before you, to be examined as
witnesses in a cause depending
in our
Braxton and others are complainants
will annexed of
and every such person, and at such time and place, as shall be named to you
for that purpose by the said
Attorney or Agent.
And we command you to examine all and every such
person upon his
oath or solemn affirmation first made or taken before
you, to testify the whole truth touching
his knowledge of any thing
relating to the said matter in controversy between the said par
ties;
and that you do take such his examination and reduce the same into
writing.
When you shall have so taken his examination, you are to cause
the witness to sign the same, and
to that and each examination, at the
foot thereof, you are to append your certificate, setting
forth the
facts that the examination was subscribed and sworn to or affirmed by the
witness,
and the day, as well as between what hours of the day, on
which it was done, as also the
place of residence of the witness, if
known to you.
Should any paper or exhibit be pro
duced or proven,
or be referred to by the witness, you are to describe the same in his
exami
nation, or cause it to be so marked by him, as to establish its
identity, and attach the same
to his examination.
The examinations
thus taken you will cause to be accompanied by a
certificate of your
official character, attested by the seal of State; or, should it be more
con
venient, such authentication and proof of your official character
may be made by the certifi
cate and seal of the clerk of any court of
record of any county of the State, District or Ter
ritory in which you
reside, stating also, in addition to the facts of his being clerk and that
the
court is one of record, that, at the time when the depositions were
taken, you were an acting
judge, (or other such officer to whom this
commission is addressed,) and duly commissioned as
such.
And you
will return the same and all exhibits produced to you, annexed hereto,
care
fully closed up and under your seal, directed to the Clerk of the
county of
with all
convenient speed.
I, Miles C. Folkes, Mayor of the city of
sole presiding judge
of the Mayor's court in said
city which is a court of record,
& ex officio
justice of the Peace & notary
Public, in & for
the city of
suance of the
within commission & notice
came before me at the Childrens
Hotel, recent
ly kept by Glidewell in said city of Vicks
burg, W.C.
Smedes, James O. Harrison &
Egbert J. Sessions, who were
there by me
sworn & examined & such
examination
reduced to writing & subscribed by them
respectively in my presense & their
said Depositions are now
herewith re
turned.
It is hereby certified, that Miles C. Folkes, on the
and the twentieth days of November, in the year of
our Lord, Eighteen hun
dred & forty three
Mayor's court in said city, which is a court of Record,
& ex officio. justice of the Peace
& Notary,
Public, within & for the city
Misissippi, duly commissioned & acting
as such, & that full faith and credit
are due to his act, as
such.
In testimony where of, I, Miles C. Folkes, clerk of the
said court have
hereunto, subscribed my name & affixed the seal of
office,
this
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Deposition of witnesses produced, sworn & examin
ed at the
Tavern House in the
drens
Hotel” & recently kept by Glidewell, before me,
Miles
C. Folks, mayor or said
Notary public & justice of the Peace, in a certain
cause
now pending in the
between Preston, Braxton
& others, plaintiff and
decd, on the part of the plaintiffs.
W. C.
sworn & examined,
on the part of the plaintiff
deposeth & saith.as follow:
I was acquainted with
time, sometime in the year
I think, I wrote
his will,
whereby he manumitted his negroes & if,
I recollect aright
appointed Judge Jon. J. Guion of
This place his executor: afterwards,
myself & Mr.
J. A. Marshall
practice of the law
& M - Duty, I think in person,
put into the hands of Guion
Smedes & Marshall
for collection, a note made by John
Henderson H.
dated I think
fore we bought suit upon this claim,
M Duty
died, & Mr.
who
also is now dead, took out letters of ad
ministration of the goods of M.
Milton Duty
& the suit was bought by us in his name as
administator & on the
we obtained judge in Jno. Henderson for about
$3797.16 M.
against him also: An Execution issued
upon - this judge
ment in favor of
trator in M. Duty, against John Henderson to the
County, warren, upon which Execution was endor
sed by the
the Execution until further orders from him & it
he
stood so ever since: This judgement so far as I
know is yet
unsatisfied & no attempts in my
knowledge have been made to
collect it, since the
just execution stayed, as above Stated by W.
Fer
nandis.
The further talking of these depositions is adjourned until
this coming
at 4 o'clock.
Childern's Hotel, not being able to
complete the taking of the aforesaid
deposi
tions, by reason that James O. Harrison
desired to have a
record examined, before
he testified, & the absence of some
of the
other witnesses,
J. Miles C. Folkes, Mayor
&
adjorn the further taking of the same till
tomorrow,
then to be continued at the
same place, between the same hour
mentioned in the commission in
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The above case to me directed, & the notice
annexed.
Pursuant to the adjournment as above stated, on the
six in the afternoon at the said Childrens Hotel
in said city of
I continued the taking of said depositions as
follows. Viz:
W.C.
continuing his deposition on his oath further deposes & says
that, the note spoken of above by him was
executed by John Henderson
Mo, that that firm
consisted of John Henderson &
son, that
That
verdiction of the
above named judgement has
been esteemed & regarded a solvent
man
& money has been coerced from him by
execution
since then thru the courts of
deponent ever received from Duty for
collection &
he believes no steps whatever
have been taken to collect the
amount
of the same out of
than above set out.
I, Miles C. Folkes, Mayor of the
officio Justice of the Peace & Notary Public, do hereby
certi
fy that W.C.
residence is
the city of
sissippi was by me sworn to
testify the whole.
controversy in the cause aforesaid; that de
ponent was examined,
& his examination
reduced to writing & subscribed
by said Depo
nent, in my presence, on the 20th &
November, in the year Eighteen
hundred
& forty three
in the forenoon and six in the afternoon
respectively of
each day, at the city of
kept by Glidewell in said city in the
sippi.
James, O. Harrison, of lawful age
being produced, sworn &
examined
on the part of the plaintiff deposeth
& saith
as followeth to writ:
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James O Harrison being sworn
states that
time placed several promissory notes in the hands of this
depo
nent for collection the nett proceeds
of which were all paid
to said
the sum of five
hundred & forty four
dollars & 70 cents which sum
of
five hundred & forty four 70 dollars
was paid by
this deponent to
Hernandez administrator
Duty - the said payment having
been made on the
1839
This deponent further states that
the Planters
Bank of the State of Missi
placed in the hands of this deponent
of
his partner
collection a promissory note executed
by
John Templeton
of eleven hundred & eighty two 54/110
dollars
dated
that
afterwards by an arrange
ment made between the said John
Henderson
&
cashier of the Branch of said
Bank at this place the said
promissory note was delivered
up to
said John Henderson - he
being a surety on the note - suit
had
been instituted on the said note.
I, Miles C. Folkes, Mayor of the city of Vicks
burg, & Ex
officio, Justice of the Peace & Notary
Public, do hereby
certify that James O.
Harrison, the deponent, whose place
of
residence is the city of Lexington in
the
to testify the whole truth of his know
ledge touching the
matter in controversy
in the cause aforesaid: that deponent
was
examined & his examination redu
ced to writing &
subscribed by said
deponent, in any presence, on the
our Lord
Eighteen hundred & forty three
between the hours
of eight in the fore
noon and six of the afternoon at
by Glidewell in said city in the
County
of Warren &
Given
& certified this
November A.
D. 1843
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Egbert J.sessions, of lawful age, being pro
duced; sworn &
examined, on the part of
the
That he was well acquainted with
said Duty resided in the State of Mississ
ippi up to the
period of his depart
ure for
immediate
neighborhood of this de
ponent since the year
At the time said duty left this
State, he was in
possession of a large
amount of personal property consis
ting
principally of Negroes, his change
of residence was made known
some
time before he left, was open & noto
rious to all
his neighbors, & he was
generally esteemed free from
debt;
such way my opinion & so far as I
have ever heard
or known such was
the fact, he left this State with all
his
property & no attempt was
ever made to molest him on
ac
count of debt, or otherwise.
He was
considered a punctual
solvent man
by all his neighbors.
Deponent is of
impression
that Duty left this State for
Witness is well acquainted with John
Henderson, he resides
in the town of
Warrenton in this State in the
near neighborhood of
Witness; John
Henderson, together with his uncle
sively in pork, groceries, merchandise
& such
things in the town of
ton & were engaged in that
business
from about the year
or perhaps the latter part of
Written within two or three years past;
witness states that in the year
Henderson & Co for five
thousand Dollars
could have been coerced by execution out of
them,
but that now John Henderson is
in doubtful circumstances; of
Wil
liam Henderson's pecuniary condition
at this time, witness is
not able to
speak
positively.
Witness states further that on the last
visit of Duty to
time witness thinks in the early part
of the year
the time at
witness House, that pos
ition of his object in visiting Mississ
ippi
was to settle with John Hender
son & Co, that they quarrelled
or dif
fered about the terms of settlement
but witness does not
recollect the
particulars; that said John Hender
son &
Co & the said Duty had been
speculating in pork in
partner
ship & it was about the settlement
of their pork
transactions they differed
so far as witness now recollects.
Witness is well acquainted with Reu
ben Gibson, he is a neighbor of
witness
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& having been a brother-in-law, is upon
terms of intimacy
with him. Witness
knows that a note for about nine
hundred dollars
due sometime in
Gibson to
time, has been taken up very recently by the
Said
ion, this
note passed thro' several hands
before it was taken up finally by
Gibson:
Joel & Anderson, who administered upon
the
Estate of Duty in this County, tra
ded the note off to Isaac Roberts,
Isaac
Roberts to Mr W. Tompkins, both of
the neighborhood of
Warrenton & well
known to witness & Mr W.
Tompkins
paned the same to Gibson in settle
ment between Gibson,
Macy & Tomp
kins, Macy taking negroes in part pay
ment of
the note & transfering the bal
ance say $200. to witness
which wit
ness has arranged with Gibson.
Witness knows
bor of witness &
witness thinks when Duty
left the
a
horse to Harris; Harris is now &
has been for many years, in
peace all
his life a perfectly solvent man,
witness is well
acquainted with the
citizens of the county of
having
represented the county in the
Legislature of the State of
Mississ
ippi here to fore, & having need offices
of no other
Witness was at the
late election, elected
a member of the Legislature from this
county again & is therefore well acquain
ted with the people
of the county:
Witness knew
life time, well: He died witness
thinks in
the year
at the house of witness.
He was for a short
time
before his death administrator of the
Estate of Duty &
during that period collec
ted some money of James O. Harrison
be
longing to the Estate of Duty, being a little
over $500.
Witness does not know of his
collecting any other sum.
Witness is of impression that Duty before
he left
all his stock & farming utensils
&, of what
value witness cannot state positively.
Witness knows few
ty, he is always has been a
solvent
man.
I, Miles C. Folkes, mayor of the city of
notary public, do hereby
certify that Eg
bert J. Sessions, the deponent whose place
of
residence is near the town
of Warrenton in the county of
to testify the
whole Truth of his know
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ledge touching the matter in controversy
in the cause afore said; that
deponent
was examined & his examination reduced
to
writing, & subscibed by said deponent
in my presence on the
ember in the year Eighteen
hundred
forty three
in the
forenoon and six in the
afternoon at the city of
Childrens Hotel, recently kept by Glide
well in said city in the county
of
Given & certified this
of
November A.
D. 1843
the further taking of these
Deps. for Plffs
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The several answer of
Strong one of the defendants to the bill of
Complaint
of Preston Braxton and others Complainants
against this
defendant and others defendants
This defendant
times saving and reserving to himself all advantage
and
benefit of exception to the errors and imper
fections customed in the
said bill of complaints of
the said Complainants for answer thereto or
to
so much thereof as he is advised it is material
for him to make
answer unto he answering
admits that he is advised and believes that
the
said
place stated in said bill and that at the time
of the death of of said
Duty he was possessed of and
was the legal owner of the slaves
mentioned in the
said bill.
This defendant states that he has
no
knowledge whatever of the said
lifetime
having made any will in the
thing about the disposition of any property of
said decedent in any manner whatever after
he left the
states and hereby denies having any knowledge
of any
transactions between said
his lifetime with said
or any other person in the
the
the
has no knowledge whatever of
the transactions in
pork by said Duty nor has this defendant any
knowledge whatever of the
actions of said Duty with said
states that he has no knowledge of any
notes given
by said Duty to said
nor of any
payments made by said decedent or
by any person for him to said
of them on account of said notes nor on any
other account
whatever this defendant states
that he has no knowledge whatever of the
chara
cter of the claims which were allowed against the Estate of
said
the claims of this
defendant which last named
claims.
This respondent most positively
states
were and are in all respects just equitable &
true, and this defendant further states that said
last named claims
were allowed by the Probate Court of St. Louis
County against said
Estate and this defendant
is accused and barely believes that the sum
and
legal testimony all of which will more
fully appear by reference to the
record and
proceedings in the case of this respondent
against the
administrator of the Estate of
said
to
be taken as a part of this answer.
This defendant states that he has no knowledge
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of the actions and doings of said
person or persons in relation to the papers of said
Duty
at the time of the death of said Duty nor
at anytime before
or since and this def
endant positively denies any knowledge
whatever
of what was said or done by said
or anyone else in
relation to the papers
business or anything else connected
with
said decedent either before, at the term
or since his death in the
This
respondent has no knowledge of what has
been done
in the
of
said decedent except so far as his own clai
ms are concerned and all
that he knows about
what has been done in the courts of
those has been denied from the information of
others.
This defendant states that the
tioned in said complainants bill for thirteen
hundred
dollars was & still is just and herewith due to
this
defendant that the sum specified in said
amount due to this defendant on the sum and
the interest which has
accrued since the allo
wance of the sum by said court of Probate
in
St Louis County, aforesaid that said note
for ninety dollars was and is
first honest
and in all respects correct and the amounts
therein
specified and interest on the same
is justly due from said Estate to
this defendant
This respondent further states that said decedent
has he since had in said last known state any
of which this defendant could have made
the amount or any part
thereof due by said
defendant states that he fully proved and established
his said
demands against the Estate of said
Duty before the court of
Probate for
county in the
were allowed as this respondent is informed
and verily believes
according to law and
justice, and that no objection was to the
knowledge
of this respondent made to the allowance of
the claims
aforesaid.
This defendant
most positively denies any fund
collusive
confederation or any dishonest conduct on
his part with
any person or persons whom
soever with a view on the intention to
defer
and inquire or in any manner whatever to
wrong said estate or
these entrusted or
in any manner whatever connected these
with.
This defendant here denies all fraud
and every charge of
fund collusion and every
other charge in said complainants bill
which
is not in strict accordance with justice
and right, so far
as this defendant is concer
ned.
This defendant states that he has
no
knowledge of the charges made against the
other defendants as
he is an entire stranger
to the same and prays court that none
of
said charges of fraud should be taken
against him.
This defendant,
having fully
answered this defendant prays that said bill may be
and the
respondent with reasonable damage acts.
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This day personally appeared
before the undersigned a justice of the
peace within
and for the county and State aforesaid
matter and things so far
as they are stated as of his own
knowledge in the foregoing answer he
knows to be true and
those stated as on the information of others he
believes to be
true.
I
Court in and for said County do
hereby certify that R.Parkinson
whose name is signed to the foregoing
certificate was at the date thereof a Justice
of the Peace in and for
the County of Claiborne
aforesaid duly
commissioned and qualified according to law,
and the full faith and
credit are due and ought to be given to all
his
Answer of Robrt Strong.
I
Court of the County of
Claiborne in the
do certify that Frederick J Poor
whose name is attached
to the within certificate was at the date
thereof Clerk of said
probate court duly qualified to act as such, and
that
his said certificate is in due form of law.
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In Chancery.
The replication of Preston, Braxton and others,
Complainants to the
answer of
the defendants, impleaded with
These repliants having
& reserving unto themselves all manner
of advantage
of exception to the mainfold insufficiencies of the
said answer, for replication hereto say that
they will over and prove
their said Bill to be
true, certain, & sufficient in law to
be answered
unto, and that the said answer of the said
defendant
is untrue, uncertain, and insufficient
to be replied unto by these
repliciants. Without
this, that any other matter or thing in the
said
answer contained, material or effectual in law
to be replied
unto, confessed and avoided
traversed & denied, is true, all
which matters
and things these replicants are and will be ready
to
over and prove as this Hon. court shall di
rect, and pray
as in and by their said
bill they have already prayed.
Replication to answer of
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In Chancery.
And the said
by his solicitor comes and moves the
court for a note on the clerk of this
court to compel him to produce
without duty the additional answer
of said Strong filed in the above
entitled
cause or show cause why he shall
not be compelled to
produced said
answer.
motion for
On one to hundred
answer of Strong
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Affidavit
and motion to set
aside decree nisi against
Executors of
7th
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and now come
move the court to
set aside the decree nisi rendered
against them of this term for the
reasons set
forth in the following
Personally appeared before
me the undersigned, Joseph
duly sworn on his
oath states, that a few
days before the commencement of the last
term of this court,
were made defendants to the bill of
of the said complainants, at
the last term
of this court, and summoned to answer said
bill at
the last term, applies to this affiant
to draw their answer to said
bill and stated to
him that they had no personal knowledge
of the
matters & things contained in said bill relating
to their
testator - that this affiant informed the said
the books and papers of
possession and also to endeavor to obtain
information in relation to the
said matters from
other services
and referred the
said
knew was in possession of said Clerk, whose name
was
Gallagher - that this affiant learned
a few days afterward, that said Gallagher
was tempor
arily absent from the City, and might not,
return
that time.
That this
affiant in order to prevent a
default,
said
and
information of facts, as they had communi
cated to him in the
and ready for filing
before the end of first week
of the last term of this court
-
Before the end of that
week
the
complainants, applied to this affiant, stating
that he was about
leaving the city to be absent
a large portion of the term, and
requested that
no motion should be made at that term to dissolve
the
injunction on the front of
of the
defendants to the bill for whom this
affiant and H.R. Gamble appeared
as counsel-
this affiant told him that Mr.
the principal counsel, and he preferred to leave the
matter to him, but
that so far as this affiant
was concerned, he would make no such
motion.
This affiant and the said Risque
had another conversation
during the second
week of the last term, in which Mr. Risque
stated that as no answer was filed by the Executors
of
nisi; This affiant replied that he had an
answer
drawn for them
understanding between them he did not
suppose
any advantage would be taken of its not being
filed before
- To which said Risque
replied that no advantage would be taken of it,
and that this affiant
might filed the answer
at a future time, provided the motion for
dissolving the information on the first of
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Then next term
this understanding with the said Risque, this
official delayed filing the answer of the said
necessary to enable them to obtain the requisite
information to make a more full answer-
and made no motion
for dissolving the
injunction on the part of said G.W. Coons,
was made at the last term in consequence
of the understanding
aforesaid - a short time
after this understanding with said Risque -
as this affiant
believes, about three meets thereafter,)
and during the absence of said
Risque from
a decree nisi against said Executors was
asked for by Mr.
in his absence and
was as this affiant supposed
there granted by the Court - although the
Record
shows that said decree was not entered up
till the month of
February following - this
affiant placed a motion on the
or the last term of this Court to set
aside said
decree nisi
adjournment of the Court was not heard
This affiant therefore states that the reason
why the answer of the
said Executors of
a decree nisi
against them was obtained,
because of an agreement and
understanding
between this affiant and the said Risque that
this
affiant might have time to file said answer
at his convenience and that
had is not
an answer would have been filed
before a Decree nisi was
moved
for and obtained by said Townsurd.
Sworn to & Subscribed before me this
May 1844
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The joint answer of
and
of
Preston, Braxton and others,
Color and slaves belonging to the Estate of
a
defendant-
These defendants,
and
benefit of exception to the said bill of Complaint
of the said
Preston, Braxton and other complain
ants on account of the manifold
errors and
insufficiencies therein contained, for answer
thereto
or to so much thereof as they are
advised it is necessary for them to
make answer
to, say that since the time of filing the said bill of
Complaint,
named in said Bill, has
departed this life, and
been duly granted to these defendants by the judge of the
Probate
Court of St Louis County and that they are the only
Executors and the only executors of the last will
and testament of the
said
therein named, and as such are now acting
and
have so acted, since the grant of said letters
testamentary.
And these defendants further state that
they
of the
complainants were slaves of
bill alleged, but
have understood
are willing to admit the fact so to be -
neither do these
defendants know whether the said complainants
were
removed, nor at what time they were removed from
the
but have been informed
and believe that they were
removed to the
in the manner and about the time as in said
bill
alleged, and so far as
dants there admit the fact so to be - these
defendants
do not know whether or not the said
out the Complainants and received considerable
sums for their hires as
in said bill alleged until the
time of his death, nor do they admit the
fact, but
if it be material, require proof of it.
These
defen
dants have been informed and believe that the
said Duty died
same time in
the
month of
the fact so to be as the said bill stated. These
defendants do not know
whether or not the said Duty
made & published his last will
and testament, nor whether
or not the same was proven
Court of
as in said bill alleged - nor
whether or not
John J. Guion and
appointed executors - nor whether or not
they refused or neglected to
, nor
whether or not
appointed administrator and
qualified as such
as in said bill alleged nor do they admit the fact so
to be, but if
deemed material, they require competent proof
therof
-
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These defendants have no personal Knowledge
of the contents and
provisions of the last will
of
from
the allegations contained in said bill
of complaint and from the
Exhibit
therewith filed purporting to be a true copy
of said will
and so far as they are concerned
they require that the existence of
said will,
if such there be, to be legally established to
the
satisfaction of the Court. These defendants
are informed and belive
that the said duty did
become acquainted with the said
soon after his, said
and admit the fact so
to be: but whether
or not the said Duty made the said
hands all or any money arising
from the
hire of the complainants as he received it,
or any money
from other sources, as in
said bill alleged, these complainants
have
admit the
allegations, but require the same, if
material to be duly proven - and
whether
or not the
the said Duty had any use for any money
except
for his ordinary expenses,as in said bill alleged was when
engaged in
the pork business, these defendants
neither know nor admit, but, if the
fact
be material, they require the same to be legally
established.
These defendants have been
informed and believe that the said Duty
in his life time was engaged in the pork
business
sums of money to said Duty on account
of said pork business,
and that said Duty
in consequence thereof became largely indeb
ted
to said
what amount these defendants have
no personal
knowledge, nor do they know the extent of
the
transactions between said Duty and
the said
noted.
Nor do these defendants know whether
the
said Duty executed his notes or due bills for
the amount of
indebtedness or any part
thereof to said
cuted as in said bill alleged, do these defendants
with which
understanding as to the payment
thereof, or whether there was any
understanding
in reference thereto - nor whether the
said Duty
attended the sales of his pork in
person in the South, nor whether or
not
he received any money arising from the sale
thereof, nor if
so, do they know whether it
was in notes of the Bank of the
nor do these defendants know whether or
not the said
Duty returned from Mississip
pi with any such notes to
said bill alleged, nor whether he ever paid
any
to said
wise.
And if the last mentioned allegations
in said
bill be material, these defendants
do not admit the truth of them, but
require
the same to be duly proven.
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These defendants have no personal knowledge whether
the claims or any of them of the
said
against the said Duty on account of
any other account were extinguished by the pay
ment of
from the hires of the
complainants as in said bill
alleged, nor do they believe or admit the
fact so
to be, but on the contrary they
formed and believe that the fact is
otherwise
and that the said Duty at the time of his death
was
justly indebted to the said
to the full amount of the
demand in form of
said
of
the said Duty by the judge of the probate
court of St.Louis County -
which amount is stated in
said bill.
These defendants further
state that that
they have no
the said Duty took up his notes at the time
he
paid the
ever paid) as in
said bill, alleged, now whether
or not he took any receipt for the
same
or for any money alleged in said bill to have
been deposited
with said
do they admit the
if they are material, these
defendants require
competent proof
the charge in said
bill that the receipts given
by said
with said
and
the notes made of again in the hands of
said
against the estate of said Duty after his death
in
the manner set forth in said bill, or otherwise these
but they are informed and believe that the said
charge is in all its
particulars untrue, and
therefore they do not admit the truth of it,
but
utterly deny the same. These defendants admit that
the said
take out letters of
administration soon after the
death of said Duty upon the Estate of
said Duty,
and that among the first claims allowed against
the
Estate of said Duty were those of his father
but these defendants have no personal
knowledge
of any fraudulent or unlawful combination
between said
out said letters of administration, nor have
they
any knowledge that the said claims so allowed
or any of them
are iniquitous or unjust
or that they were ever cancelled or paid
off by said Duty in his life time, or that
they were brought forward
and supported by
papers illegally obtained in manner as in
said
bill charged on in any other illegal
or unfair manner. But these
defendants
are informed and believe that the last mentioned charge is in
all respects utterly
false and untrue, and they therefore utterly deny
These defendants further answering state that they
have not either of them any personal knowledge
how or to what precise
amount the said Duty became
indebted to their testator, the said
and they are informed and believe that the said
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of said duty keep a
regular and full set of
mercantile books and accounts, but on the con
trary kept his accounts in
memorandum books
and on memorandum papers - that he did for
the
most
of his transactions in the trade were settled at the
time
they were made either by payment in cash
or by note or memorandum and
that no other
record or duty of many of his transactions were
ever
made - and therfore these defendants are
to obtain from the books and accounts of their
testator and a full knowledge of his transactions
and accounts
with said Duty.
But these defendants
are informed by these who
were acquainted with
the business of their testator and with his
transactions
with said Duty, and so believe, that the demands
allowed in favor of said
Estate of said Duty then in the Probate Court
occured in the following manner- viz - First -
an account
for merchandize purchased by said
Duty of said
of June 1838
to the sum of twenty dollars and
fifty cents
Secondly: a note of said Duty in favor of said
for twelve hundred sixty three dollars and forty seven
cents
dated the
payable four months
after date being for money advanced
and for merchandise sold by said
sum
of one thousand and ten dollars and sixteen
cents dated the
four months after
date executed by said Duty
advanced and merchandise sold by said
said Duty, the said Duty
being at the time
indebted to the said
amount of said note.
Fourthly - one other
note for the sum of
twelve hundred and seventy
eight dollars and sixteen cents,
dated the
day after
date, given by said Duty to one
endorsed to
by said
eration and with the knowledge and
tion of said Duty, which
said last mentioned note was
excuted by said Duty to said Stephenson
for
a valuable consideration; and was wholly
due and unpaid at the
time of the assign
ment thereof to said
also of the
time of the death of said Duty
These defendants utterly deny all
fraud, confederation, conspiracy and unfairness
on the part of
themselves or of either of them, and
also utterly deny all knowledge
of fraud,
confederation, conspiracy
or unfairness on the part of their testator
where
with he is charged in said Bill
Their defendants further
state that they have
not nor has either of them any knowledge
in
relation to any other matter or thing in
said Bill alleged or charged
to which they have
not herein above made special answer.
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and these defendants having fully answered
to the best of their
knowledge and belief all
and singular the allegations, charges and
inter
rogatories in any manner concerning or relating
to themselves
or their testator in said Bill con
tained pray
dismissed as to
their written costs
Personally appeared before
me the undersigned
sworn on their
going answer, so far as stated
to be within their
own knowledege, are true; and so far as the
same
are stated to be upon information derived
from others, they
believe the same to be
true.
Answer of
Executors of
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And now comes the said
administrator of
the Court for an order to dissolve the
injunction
originally granted in this cause
Motion on the part of
dissolve injunction
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And now come to said complainants
by their solicitor, and move the court
to revive
and reinstate the injunction granted in this cause
Motion by complts. to revive injunction
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And the said
on of the
whether cause
mean the
and
to
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fants suing by preston their next friend,
on the
original bill of
complaint in this Honorable court
against
ton Duty deceased, the legal representative
of
tor of
in the state of
Mis
sissippi, when the name of such represent
ative should be a
Sustained, Joel L An
derson,
Von
Phul, Theodre L Mc Gill, E B Gueid
ler Robert Street, M W Swing, J L
Croft,
El hanah English, F Sweeney,
pany of the Planters Bank of Mississippi,
Robert Strong,
Haywood Boyette, and John
and
after stating the will of the said
Duty, and that the said
became the administrator with the will
annexed
of the estate of said Milotn
Duty under an appointment of the
the said
his life time qualified as administra
tor
of
other matters and things, prayed
that
the said
might be
enjoined from exposing said com
plainants to public sale, agreeably to
an
your oratixes and orators,
Preston, Braxton,
and
Who are adults and over the age of twenty one
years, and your oratixes
and orators,
linda their next friend, Lewis &
Margaret, by Seany their next
friend, Ann
Who are
infants under the age of twenty one
years, and of when the said
Henderson and
years,
since the filing of their said original bill.
That the said Preston, Braxton,
verly,
rissa,
names and the said
fants under the age
of twenty one years, suing
by
the said
Melinda, their
mother and next friend,
and the said
ing by Seany their mother and next friend,
and the
said Ann
fants suing by
and next friend, and the said
as an infant suing
by
and next friend, and the said
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order of sale which had then been made by
the Probate Court of St Louis
County; that
the said complaints might be permitted
to institute
and prosecute their said suit in
Chancery in forma pauperis and that
they
might be exempt from security and dis
charged from executing
an injunction bond
that counsel might be
prosecute their said suit; that the said Pres
ton and
might be permitted to attend counsel
and the
court, and to collect the necessary tes
timony; that the Sheriff or
of St Louis County might be directed to
take possession
of said Complainants and
hire them out during the prudency of said
suit; that their
be decreed to said Complainants accounting to
the
provisions of the will of said Mil
ton Duty and that those of said
Complaints
who were legatees under said will should be de
creed
their respective legacies; that the le
gal representative of
should discover and set forth the assets in
his
possession belonging to the Estate of
said
cial
commissioner with his books containing
all of the original entries of
the the accounts
between himself and the said
in his
lifetime, and to exhibit to said Com
missioner and this Honourable Court
all the the or
iginal vouchers on which the claims of
the said
might be instructed to make up, state, and
settle the accounts between the said
and the said
only,
without reagard to any settlement before
that time make before the
County or Probate
Court of St Louis County; that the said
ministration accounts before a
special com
missioner appointed for that purpose;
that by a decree
of this Honorable Court his let
ters of administration might be revoked
and he
be compelled to pay over all
hands
belongings to the Estate of said
Duty; that all claimants
against said estate
, parties to said bill, or who might afterwards
become parties, might be compelled to state
how and to what amount the
said Duty became
indebted to them; that the said John and
state how the said Duty became indebted
to them
and wheteher they have paid off the amount
of the notes to
the said Duty in his lifetime
or to any one since his death authorized
to
receive the same, and that said Complain
ants might have such
further and other relief
as the peculiar nature of the in case
might
require.
Your oratrixes and orators further
show that
the said
having answered said bill, and that
An
drew
executrix of the
last will and testament of
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said
fendants to said bill,
after the death of their
said testator, answered the same.
On the
the said complainants excepted, and their
exceptions having
been sustained by
this Honourable Court, on the 15th the same
month he put in an additional answer.
Of
the other defendants to
said bill the said
answered
the same, and the others all failed
to put in any answer.
The said
Geroge W
Coons in his said answers among other things
set forth
and relied upon an exhibit marked (ch.1) from which
it appears that on
the
the claims which had been allowed with
County a
Probate
the Estate of said
of one claim in the first class amounting to
six
75/100 dollars; sundry claims in the fifth
class amounting to four
thousand eight hundred
and sixty one 3/100 dollars, sundry claims
in
the sixth class amounting to thirty five
hundred and thirty one
74/100 dolars, and sundry
claims in the seventh class amounting to
nine
teen hundred and eighty six 47/100 dolars, the
said claims
thus allowed amounting in
all to ten thousand three hundred and
eighty five 99/100 dollars; it also appears
from said exhibit (ch.1)
that the said
of
of said court obtained allowances for items
one 41/100 dollars; and at a settlement made by
him
before said court at the
obtained a credit for sundry items of cash
paid
out, amounting in all to two hundred
and twelve 25/100 dollars; at a
settlement made
by him before the Probate Court of St Louis
County
of his account as administration of said
Milton Duty's estate at the
it for sundry items of
cash paid out amounting
to twenty three hundred and seventy four 63/100
dol
lars; at a similar settlement made by
him before said Probate
Court at the
cember term 1842
dry items of cash paid out amounting to
twenty four
hundred and ninety four 35/100 dol
lars, at which last mentioned term of
the
Probate Court he also obtained credit for
sundry items
amounting in all to twenty
four hundred and fourteen 92/100 dollars,
which
consisted of the note of
for six hundred and
one 92/100 dollars of John
T Simmons for three hundred dollars, of
I
T Miller for fifty dollars, of
four fifty dollars, of
hundred dollars, and of John Henderson
for
five hundred and thirteen dollars,which
said notes the said
ed to the administrator of said
pi
which the said
But your oratrixes and orators further
show unto your Honor by way of
Supplement
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that the said
will annexed, of said
his account currant for settlement at the
St Louis County on which he stood charged
to the amount of eighteen thousand, three
hun
dred and seventy one 67/100 dollars, and on which
among the
items of credits allowed were items
for cash paid out amounting in all
to six
teen hundred and thirty one 84/100 dollars.
He also filed
his account currant for settlement
at the December term 1844 of said
court on which
he stood charged to the amount of eighteen
thousand
one hundred and sixty nine 86/100 dol
lars, and on which among the items
of credits
allowed him were items for cash paid out am
ounting in
all to six hundred fifty one
64/100 dollars.
There is now a
balance in the
hands of said administrator, accruing to his
own
account current, amounting to seven
teen thousand five hundred and
eighteen
22/100 dollars;
all which will more fully ap
pear by
reference to
the
accounts currant filed by said
terms of 1843
Judge of said
court, and hereunto annexed
marked exhibit (A,no 2) which your
or
oratrixes and orators pray may be taken
and deemed as a part of
this Supple-
No demands have been
established against
said
Since the said
istator of
said Milton Duty's Estate, he
has constantly had in his possession
money
belonging to said estate varying in amount
from five to
fifteen hundred dollars
, which he has
actions and with which he has made
large profits.
The
said
ter
taion of realizing large profits by
speculating in claims outstanding
against the estate, and has
actually
purchased of the demands against said
estate claims
amounting in all to six
thousand dollars, for which, as your
ora
tors and oratrixes are informed and believe,
he did not pay in
all more than four
thousand dollars, which demands stans
on the
records of the Court in the names of
sundry claimants, but which really
be
long to said
He has conducted the
administration
of said estate
only of his own interests, and warranty and
cruelty regardless of the
last will of his
testator.
The original administrator of the
said
ippi, one
letters in the
this life, has been succeeded in said
office by another person Joel D Anderson who is yet acting
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If the liabilities of the representatives of said Fer
nandis and of his
sureties, on account of his said admin
istration, and if the liabilities
of the present ad
ministrator were enforced there would be a nett
balance, as your oratrixes and orators are in
formed and believe, of
four thousand dollars to
be transmitted to the
applied to the liquidation of the liabilities of
said Milton
Duty's Estate in
to the payment of legacies.
But the
said
no step to
enforce such liabilities, or to have
said fund transmitted to said
State of Missou
ri.
Said
ancillary to the administration by the said
Geroge W, which is the
principal administra
tion.
There is no statutory provision in force
in
the
between
ancillary and principal administra
tions, or relative to the rights of
legatees &
distributees where the administration is
ancillary, but such relations and rights
are controlled in the
by those rules and principles of the
common law and
the law of Nations
which apply in the
in
the absence of special statutory pro
visions.
Two of your orators,
have arrived at the age of
twenty one years
since the filing of said in original bill; and
one of your orators in this supplemental bill,
has since that
time been born.
The claim of John &
of said
the answers and exhibits of said
fraudulent and
unjust.
The claim established against said estate
as set further in said answers
in favor of
the President and Directors of the Planter's
of said John and
is utterly unjust and fraudulent.
Hey
wood Boyette who
against estate amounting to four hun
dred and fourty one
32/100 dollars is one of the secu
rities of the said H Fernandis for the
faithful
discharge of his duties as administrator in
ors and oratrixes claim that said
Boyette should
receive nothing on account of his said claim
until
the liabilities of said Fernandis as ad
ministrator as aforesaid shall
have been dis
charged.
Said
for all
the hire of your orators and oratrixes
since he has been hiring them
out;
has failed to
keep them regularly hired out,
or to use the requisite degree of
diligence to keep
them constantly employed.
Said
in reality the owner of the claims which have been
established against
said estate in favour
of
Jn W
Swing, JL Croft, Elkanah English,
in said defendants answers, and likewise
owns many others of
the claims which have
been established against said estate, and
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which your
specially to designate, and all of which the
said
Said
hires of
your
of time which intervened between the
of august A
D 1841
A
D 1842
1843
oist & Co bankers a considerable
sum of money
to writ the sum of dollars, which was the
individual
property of your orator
took possession of and disposed of a
horse and dray also
the individual property of said
money, dray, and horse had been acquired by
said
of said
that
said
Strong and Heywood and
Boyette, and thus enabled
them fraudulently to establish their
claims
against said estate. Said
made no effort
whatever to collect from
said administrators in
from
their securities, inform any
one of them, any amount for
which
they are liable on account of
such administrations, or either of
them-
all the debts against the estate of said mil
ton
Duty belonging to the Classes prior to the
sixth have been paid, the
debts of 6th class
amount to thirty six hundred & thirty one
73 3/4/100,
dollars, on which the administrator has been
directed
by an order of the probate court of
class only the sum of twenty five hundred &
five
90/100 dollars. the debts of the 7th class amount
only to the
sum of nineteen hundred and eighty
six 47/100 dollars, making the whole
amount
remaining unpaid only the sum of forty four
hundred
& ninety two 37/100 dollars, to satis
fy which the assets
with hands of the said
consideration of the premises your
and
ties defendants to this supplemental bill, and be required
to
answer the same on their several and expec
tive corporal raths to the
best and utmost of their
several and respective knowledge,
remembrance,
information, and belief, and that as fully and
par
ticularly as if the same were here repeated
and they and every
of them distinctly interroga
ted
thereto, and more especially that
said
Geroge W Coons may in manner aforesaid answer
and set forth
whether he has not bought up claims
against the estate of said
have been allowed against said estate
on the names of
other persons than him?
what are the claims thus bought up? In
whose
names were they allowed? what am
ount was given for each by
the said
as
administrator of said
from said LA Benoist
& Co, and whether
the same is a portion thereof did not
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belong to said
hibited and allowed more than three years
of
the letters of administration had been
granted on said
Probate Court of St Louis County? Whether
he has made any
efforts to enforce the li
abilities of the administrators in
Missis
sippi and their securites; and if yes, what
efforts? And
your orator and oratrixes pray
that a writ of
said
Haywood Boyette in usual form.
And
injunction he revived in this
cause; and that
a receiver be a appointed by this Honorable
Court
to take
planiants and hire them out until the
termination of this suit;
and that the
same relief may be had against the de
fendants in said
original bill as is there in prayed
it shall appear to your Honor that that the
assets in the hands
of said
with which he is justly chargable exclusive
of your orator & oratrixes are not suf
ficient fully to
satisfy all just demands
against said
and in
that event, they pray that they may be
hired out under direction of
this Honorable Court,
or their services for a limited number of
years,
to be ascertained under direction of this court,
sold, to
raise the balance which shall be wanting
and after the expiration said term of service, de
clared free,
and that they may such other
& further relief as shall
consist with equity,
& the nature of their case shall
require &
as in duty found they will ever pray to.
Before the undersigned, personally came
this day,
plainants, who being sworn on his oath says
that
the matters & things stated in the foregoing
Supplemen
tal Bill are true to the best of his knowledge and
belief.
Supplemental bill
Townsend
Goode & Cornick
4525
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At a Term of the Probate Court begun and held at the City of
Lord
Esquire Marshal of the
Saturday
Annual Settlements order to pay 15 cents in dollar of 6th class
of the estate of
was a balance against him in favor of said Estate
of Sixteen thousand four hundred and twenty six dollars sixty seven
cents
that he has since received nineteen hundred and forty five
dollars and that he has paid out Sixteen hundred and seventy
seven
dollars eighty one cents leaving a balance against him in favor of said
Estate of Sixteen thousand six hundred and
ninety three dollars eighty
six cents, and on his motion the court order that he pay at the rate of
fifteen cents in the
dollar on all the demands which have been allowed
against the Estate of said deceased which have been
placed in the sixth
class
At a term of the Probate Court begun and held at the city of
eight hundred and forty
four
the
Wednesday
Annual settlement & order to pay 16 in dollar 6th class
balance against him in favor of said Estate of Sixteen thousand six
hundred and ninety three dollars eighty six
cents, that assets have
since come to his hands to the amount of fourteen hundred and seventy six
dollars and that
he has paid out Six hundred and fifty one dollars
sixty four cents, leaving a balance against him in favor of
said Estate
of seventeen thousand five hundred and eighteen dollars twenty two cents of
which Five Hundred
and seventy one dollars twenty eight cents is in
cash and the Court order that he pay at the rate of sixteen cents in
the dollar on all the demands which have been allowed against the estate of
said deceased which have been placed in the
sixth class in addition to
the sum heretofore ordered to be paid
I
Duty deceased at the
times therein mentioned and of the orders of payment made by the Probate
Court of
said County for the payment of the demands established against
the Estate of said deceased in the Sixth Class
and are the only orders
made by said court for payment of said Sixth Class which said settlements
and orders
are now of Record in my office
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filed by the complainants in this case
against him
as one among other, defendants therein named,
reserving
all right of exception to the mainfold errors,
insuf
ficiencies, and irregularities therein contained, states in
answer to said supplemental Bill, and in addition
to what he has
heretofore stated in answer to the
original bill of complaint filed in
this cause
that true it is that he has made his several
settlements
in the Probate Court, as in said supplemental charged
and shown by exhibits therein referred to, as the administrator
of
no demands have
been established against said Estate
in the Probate Court since the
filing of the answers
of this defendant.
This defendant says that
to the best
of his knowledge and belief, the average amount of
money belonging to said estate in his hands since he
became
administrator thereof has not exceeded
five hundred dollars, and he
further states that
he has never made or received any profits
from
such moneys as might from time to time
remained in his hands as
administrator, and
that he has not had any occasion to use at any
time any of said moneys in his individual
transactions - that he has
promptly paid out all
percentage amounts on claims according to the
order of
the Probate Court, and he insists that he being responsive
istrator of said estate, had a right to keep it, or use
it in
such manner as be might deem proper
subject to the orders of the
Probate Court and that
he cannot be charged with interest therefor or
for any
profits arising therefrom, even if any profits had
been
derived .
This defendant further states that
it is not true that
he was induced to administer
on said
of realizing profits by speculating in claims
against
said Estate, and that he has never purchased
any claim against said
Estate, except, one
of our hundred and fifty dollars allowed in favor
of
may have
purchased from said
of which he has no positive knowledge
or
recollection ~ but he knows that he never purchased
such claim
at a discount, if he purchased the
same at all, but paid the full
amount for it in
cash on merchandize, as he was in the habit of
selling goods to said
This defendant utterly
denies the
charge in said bill, that he has conducted
said administration
regardfull of his own inter
ests only, and wantonly and cruelly
regardless
of the last will of
that
the same is not true but false -
This defendant admits that
Hery Fernandis
the original administrator of said Estate in
has since
whether Joel D. Anderson has succeeded him as
administrator
or not: nor does he know
whether the
said
Duty in
liable for any balance or any
thing, but
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but from the best of his knowledge and information
and belief, he
believes they are not liable to this
defendant, or to said estate of
said duty for
any moneys belonging to said estate, nor for
any
negligence in conducting the said respective adminis
trations - and this
defendant says that it is a
matter of law as to which he is not
informed
whether the administration in
ancillary to that of this
defendant in
not - that he does not know what the laws
of
but insists that such is not the law, and
that
such are not the facts in relation thereto as in
said bill
alleged.
and he further says that he
has used all proper and
reasonable diligence
to ascertain whether any moneys have been could
have
been collected at any time by the administrator
on any notes or demands in favor
of said
Estate against persons in said last mentioned
state, and
that from the best of his knowledge
and belief no
have been collected on
any
claims. This
defendant
the two complainants,
at twenty one said the filing of the
original bill or
not, nor,
child, has since been
This defendant
does not know
whether the claims of John &
henderson are
fraudulent and unjust or not,
but believes they are just - and says
that they were
established by a judgement of a Court of
process of law established and allowed in
the
Directors & of the Planter's
lent but he does not know whether the
last mentioned claim
is or ever was the property
of said John & Willam Henderson
or not, but
insists that in as much as he has heretofore owned
to
a portion of the charge as to the last mentioned
claims, and in
been already adjudicated in a court of competent
jurisdiction, that
he
cannot be compelled to answer further to said
last mentioned
charge, because it is not the subject matter of a supplemental bill
-
and because he
of any fraud or injustice in respect
to
the establishment of said claims - this
defendant does not know whether
Heywood
Boyette who has established a claim for four
hundred
& forty one 32/100 dollars against said
Estate was security
for said H. Fernandis or not;
but says that his claim was legally
established
allowed in the Probate Court,
just to the best of his knowledge
& belief, and
insists that the judgement of said court
cannot
now be reversed, so as to affect the rights of this
defendant. This defendant says that he has fully
accounted for all the
hires of the comnplainants
and that he has constantly kept them hired
out
and
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of Meaddison, who was for a time unable to work
in consequence of
illness, or of
kept in jail for a time, because she
refused to
appear at the day appointed the Probate Court
for the
hiring.
This defendant
says
that he is not, and never was, to the best of his
knowledge
the owner of the claims of M. W.
against said Estate - but he admits that he is the
owner of the claims
of
J.L.Croft, Elconoh English, and of
the second
claim of Davis Gentry for two hundred & fifty
dollars,
and of
in said supplemental bill, and also of the
claims of
the claims allowed against said Estate
in favor of
dollars one for ten hundred and sixteen 89
1/2/100 Dollars - one
for twelve hundred and seventy two 93/100 dollars
-
and one thirteen hundred and seventy three
86/100
Dollars, which are not mentioned in said
supplemental bill. That all of
the cash above ment
ioned in claims were not purchased by
this
defendant, but were given to him by his
father
when this defendant
established himself
in business on his own account. That
they were
all purchased
the said
That none of them were
purchased
at a discount by said
defendant
knows the facts from having been
a clerk for said
all the transactions. This defendant says he
is not, and
never has been the owner of any
Duty to the best of his knowledge except
those herein above
mentioned, nor
had any interest in
that they were all acquired
by him as herein
above stated, and he believes them all
to be
just. This defendant further states that he,
has fully accounted for
the bill of the complainants
between the
of
of July 1843
the change in
relation thereto in said bill
is not true.
This defendant further
says
that he never to his knowledge or recollection
drew any money
from L. G.
ing
to or claimed by the complainant
nor did he ever take or dispose
of his horse
or dray to his knowledge nor does he
know whether he
ever wiped horse or
dray, or acquired either by consent of
said
whether or not he the said
deposited any money with L. G.
This
defendant
ever having collected with
and Heywood Boyette or either
of them
for the purpose of fraudulently establishing
their claims
against said estate, and says
that said charge is wholly false. He
further says that all the
sixth
This defendant further says that in relation
to his effort
to collect money from the
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administrator in
that he has acted under
the direction of the
judge of the
and in
all respects obeyed his orders
and advice in relation to the
matter,
this defendant
ordered to pay 31 cents an the dollar on all
claims
in the sixth class, but says that more than
twenty five
hundred and 90/100 dollars would still
be due by the addition of the
amount of
interest due from the allowance upon
each claim in the
7th class - due also
it is that the debts of the sixth class
amount
only to nineteen hundred and
six 47/100 dollars
but will
amounts to more than that
sum including interest due thereon
so
that a greater amount than forty four
hundred and ninety two 33/100 is
due
by the amount of interest an each claim
from the time of its
allowance - and the
assets in the hands of this defendant exclusive of
the
complainants are not sufficient to pay the amount
still due to
the creditors of said estate. And this defendant
further answering
states that in his last annual
settlement of the
A.
D.1845
his account as administrator, he is charged with
notes uncollected amounting to the sum of four thousand
two hundred and
seven 07/100 dollars, and with cash to the
amount of Seven hundred and
ninety three 40/100 dollars
in rating the nominal amount of assets now
in his
hands of cash & uncollected notes, exclusive of the
defendant further states that owing to the insolvency
of the movers and endorsers of many of said notes
a large portion of
said amount will never be collected
and according to the best of his
knowledge and belief
amount of said notes cannot ever he collected,
and that
ever realizing any thing from the administrator
in the
by order the Probate Court to
said administrator,
this defendant further states that the amount of
claims
allowed and still due from said estate including principal
and interest is now about five thousand and nine
hundred dollars, to
which is
the
sum of five hundred dollars, being the sum bequeathed
by the will of
said Duty to Joel L. Anderson, making
the sum of Six thousand four
hundred dollars.
His complainant further answering the several
before been fully and
the said claims of
Boyette were
exhibited and allowed in the
Court more than three years after,
istration upon the estate of
said Duty were first granted
to him, but within three
and belief after the first grant of letters was revoked,
and the second grant of letters of administration
with the will of said
Duty annexed, by
last grant this
defendant is now acting as administrator.
And this further states that
he has made
no efforts to enforce any liabilities of the
administratators in
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because he is not aware of any such liabilities
existing - and
furthermore he states that he has acted
under the directions and advise
of the judge of the
in
that he had nothing to do with said adminis
tration.
This defendant having fully answered said
supplemental bill, prays to be
hence dismissed
with costs
bill may not be granted to.
I,
sworn on his oath says that the facts
setforth
in the foregoing answer are true, so far as stated
to be
of his own knowledge - and so far as stated
upon information derived
from others he believes
the same to be true.
Answer of
Bill.
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The replication of Preston, Braxton and others, com
plainants, to the
answer of
to the supplemental Bill of said
complainants
filed against said Defendant.
These replicants having
and reserving to themselves all and all manner
of
advantage of exception which may be had
and taken to the
manifold errors, uncertainities
and insufficiencies of the said answer
of the
said defendant, for replication thereunto
say that they do
and will aver maintain
and prove their said supplemental Bill
to
be true certain and sufficient in the
law to be answered unto by said
defendant
and that the answer of said defedant
is uncertain,
evasive, and insufficient
to be replied unto without this that
there is any other matter or thing in
said answer contained material to
be
replied unto, and not herein & hereby
sufficiently
replied unto, confessed or
avoided, traversed or denied is true
all which these replicants are ready
and willing to aver maintain and
prove
as this court shall direct, and pray
as they have by their
Bill they have
prayed.
Replication.
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And the said
ndants by
comes and moves the court to
dissolve the
the
so far
as uncertain to said Strong as
alleged in said his
denied and then being so
further in restoring or
said Strong from proceeding
in
said cause at law to collect the
amount due by said Estate
of
M Duty Decd.
Motion to dissolve