Betts et al. v. Betts

No 28 Index

The State of Alabama } Be it remembered that there Barbour County } was filed in the Office of the Register & Master in Chancery for the ninth District in the Southern Chancery Division of said State, a bill of complaint in the words and figures following, to wit,

Bill State of Alabama - SS at Clayton in the ninth District of the Southern Chancery Division.

To the Honorable Anderson Crenshaw, Chancellor of said Division. Humbly complaining sheweth unto your Honor your Oratrix Mariah Betts of said District a feme covert who sues in this behalf by Solon Welborn her next friend.

(1) 1st. That heretofore, to wit, on the 29th day of October A.D. 1827 in Burke County in the State of Georgia one Moses Walker of said County, and father of your Oratrix, being in ill health and being desireous to make some permanent provision by which he might secure to your Oratrix as her seperate Estate free from the Marital right of her then present or any future husband not only such property as might come to her by his death intestate or by his will, but also such as he might give her at any time during his life time in case he survived that illness, procured one Job Gresham his friend, to get one John Schley a practising Attorney to prepare a writing in accordance with such his intention and desire.

2nd. That said Gresham immediately went to said Attorney and on the part of Complainant's father instructed him to draw a writing adopted to effect the intention and desire of said Moses as set forth in the foregoing paragraph.

3d. That said Attorney under said instructions drew the declaration of intention, a copy of which marked A. is herewith shewn and prayed to be taken as part of this Bill.

4th. That said declaration was drawn under a pressing emergency and while said Attorney was Engaged in Court attending to a cause then being tried, and so by mere accident, hurry and oversight said Attorney omitted to insert therein terms properly

discriptive and inclusive of such property as Complainants said father might give her during his life time, otherwise than by will.

5th. That Complainant's father a plain farmer unversed in legal technicalities, and incapable of analysing and understanding their legal effect at his residence on the day & year in the first paragraph mentioned executed the declaration of intention aforesaid, then and thence till his death firmly believing that said declaration embraced and protected all property he might give your Oratrix at any time during his life time as well as such as might come to her by his will or by descent. And your Oratrix expressly charges that her said father at the time he executed said declaration of intention believed that the same would and intended that it should secure to your oratrix as her separate estate free from the marital right of her then present or any future husband all such property as he might thereafter give her at any time during his life time; and so he continued to believe and intend up to the time of his death.

(2) 6th. That subsequent to the execution of said declaration of intention and under and in consummation of the provisions of the same so understood by him as aforesaid Complainants father in his life time gave unto your Oratrix the following personal property, to wit, six slaves, namely, Jacob a man now aged about fifty years, Ann a woman now aged about forty years, Sarah a woman now aged about twenty eight years, Beck a woman now aged about thirty years, Louisa a woman now aged about twenty one years and Ishmael a man now aged about thirty five years of whom, Beck hath since had issue, to wit, Jane a daughter now aged about eleven years; and also one bay horse of the value of one hundred Dollars and twenty five dollars; beside one hundred Dollars in money, which was in the year A.D. 1834 delivered to Complainant, present husband hereinafter named and by him soon afterwards applied to his own use.

7th. That Complainant over ten years since & in the year A.D. 1834 in the State of Georgia at her then residence intermarried with her present husband Elisha Betts of

Macon County with whom in the year A. D. 1837 she settled in said District, in which since that time she has ever since resided and still resides.

8th. That over three years since said Betts left your Oratrix with intention of abandonment, and with such intent he hath since remained and still remains separate and apart from her.

(4) 9th. That in the year A. D. 1836 defendant Betts sold said Horse and received therefor one hundred and twenty five dollars which he applied to his own use. Said Betts also for about nine years prior to said separation received the profits and hire of said slaves and applied the same to his own use.

10th. The several conversions by defendant Betts of Complainant's seperate property herein before stated & charged were without any consent on the part of Complainant.

(5) 11th. All the said property has ever been regarded by Complainants family, her connexion & friends as her seperate property: And at and before the time complainant intermarried with defendant Betts he well knew of the existence of said declaration of intention, and of the said Walkers construction thereof and of his belief and intention at the time he executed the same as herein before stated and charged: three of said Slaves, to wit, Jacob, Ann & Beck were given to complainant before her intermarriage with defendant Betts, and before said marriage he (Betts) was advised the slaves Jacob, Ann & Beck aforesaid were claimed by complainant as her seperate property and free from his marital right in case of marriage: Said other slaves and property were given complainant after her marriage with defendant. Betts and at the time of the same's being given, he understood the gift as being to complainants seperate use - and prior to said Marriage defendant Betts agreed with complainant that she might hold as her seperate Estate the property she then had or might afterwards get of her father.

(6) 12th. That on the 10th day of March AD 1833

and Betts, being indebted to a considerable amount to his codefendants Jackson, Brown & Brannon, besides divers other persons and also to Complainant as hereinbefore stated and charged, and with intent to hinder and delay his said creditors and whose suits were then pending, of which intent his codefendant Gunn at the time of accepting the conveyance next hereinafter mentioned was cognisant, by his deed, bearing date the day & year last aforesaid a copy of which marked B. is herewith shown and prayed to be taken as part of this Bill, conveyed to said Gunn the property therein specified, and which property, beside the small pittance of his effects left (in seeming deference to public sentiment) for complainants use, embraced the entire Estate and property of defendant Betts; and so defendant Gunn well knew when he accepted said conveyance: And knew that defendant Betts was then largely indebted, and that suits for a large amount were then pending against him.

(7) 13th Complainant further charges that at or about he time said last conveyance was made defendant Betts with a like motive as induced the first. Executed another conveyance of the greater part and as Complainant believes and charges of the Entire balance of his Estate to other uses than for the benefit of his creditors And if for this pretended benefit said creditors have been suffered to remain ignorant of its provisions nor have any of them (as complainant believes and charges) assented to Either of said conveyances; said last conveyance was delivered to and is kept by defendant Gunn who is both trustee & beneficiary therein; and hath not been recorded or shown to Complainant & she is unable therefore more definitely to state its contents, save that complainant further believes & charges that said last conveyance assumes to give the remainder in said Slaves to said Gunn or some other person after Complainants death and perhaps sooner.

14th At the time of the time of the Execution of said several conveyances from Betts to Gunn defendant Gunn knew and before then had heard that Complainant claimed said slaves as her seperate property.