ENPages
Page 1
13.
372
S W. D. 2920 2620 filed 7th June 1849
Errors assigned.
No 1411.
In Chancery - At Mobile -
Samuel A. Carpenter & Wife vs. Hall, Godbold, et al.
A. D. 1849.
Reversed & Remanded June 25 1850 Minutes p. 125.
--------------------------------------------------------------- Reported
Page 2
374
Index to Record.
| 1 | Original Bill | Page. 1. |
| 2 | Exhibit A. to Bill | Page. 5. |
| 3. | Subpoena and Sheriffs Return | Page. 10. 11. |
| 4 | Alias Subpoena and Return | Page. 11. |
| 5 | Alias Subpoena and Return | Page. 12. |
| 6 | Order appointing Guardian ad litem | Page. 12. |
| 7 | Demurrer | Page. 12. |
| 8 | Writ of Error | Page. 16. |
| 9 | Citation and Sheriffs Return | Page. 17. |
Page 3
375
1
In Chancery. State of Alabama, At Mobile
Parties
Samuel A. Carpenter & Aurelia M. Carpenter his wife, Complainants 1411 vs Joseph Hall, John Hall, Gerald B. Hall, Young Charles Hall Origen C. Hall, Osmond Hall, Ann Godbold, Cade M. Godbold Octavia Hall & Ann Hall, Heirs and Representatives of Charles Hall, deceased - Defendants
A Transcript of the Record and proceedings had in the above and foregoing stated cause in the Court of Chancery for the First District of the Southern Chancery Division of said State at Mobile.
Original Bill
Original Bill To the Honorable the Chancellor of the Southern Chancery Division of the State of Alabama. In the Mobile Chancery Court presiding -
Your orator Samuel A. Carpenter and Aurelia M. Carpenter his wife, of the County of Baldwin in said State, unto your Honor respectfully shew,
That one Charles Hall late of the County of Baldwin in said state, died on the 22nd of March in the year Eighteen hundred and forty three in said County, seized and possessed of a large estate real and personal situated in the State of Alabama, and entitled to divers rights and credits and choses in action in his own right. That the Complainant Aurelia M. Carpenter was the daughter of said Charles Hall, and is one of his heirs at law, and is the wife of your orator Samuel A. Carpenter, and that your orator was married in Baldwin County on the 20th of October in the year Eighteen hundred and twenty five. That the said Charles Hall left him surviving, his widow Ann Hall, and also left him surviving several children besides your oratrix and who are also heirs at law of the said Charles Hall, namely Joseph Hall, John Hall, Gerald B. Hall, Young Charles Hall, Origen C. Hall, Osmond Hall, Ann Hall, (who intermarried with Cade M. Godbold before the death of Charles Hall Say the 13th of July 1842) and Octavia Hall. That the said widow and the said John, Origen, Osmond and Octavia reside in the City and County of Mobile - that the said Joseph, Gerald, Charles Cade M. Godbold and his wife Ann, reside in the County of Baldwin and that the said Osmond and Octavia are infants over the age of fourteen years and under the age of twenty one years, and reside with their mother the said Ann, but that the said Osmond is now at School in the State of Virginia. And your orators aver that there are no others entitled as heirs or distributees of the estate of the said Charles Hall.
Further complaining, your orators shew that the said Charles Hall died intestate, having made no will disposing of his property or estate in such manner as the laws required. Wherefore your orators say that the said widow and children are properly entitled to have distribution of the estate of the said Charles Hall, and that your orators are entitled to their share of his estate. Your orators further shew, that although the said Charles Hall in truth and in fact did die intestate as they have above set forth, still that a pretended nuncupative will
Page 4
376 will has been set up by Joseph and John Hall, sons of the said deceased, and who claims to be executor of his estate and of said pretended will; and your orators have been informed that certain [?] endings 2 have been had in the Orphan Court of Baldwin County for the establishment and probate of said will of the said Charles Hall, which by an order of the said Court made on the fifteenth day of April in the year Eighteen hundred and forty three was ordered to be recorded; and it was from then ordered that letters testamentory should [issue?] to Joseph Hall and to John Hall upon [?] entering into bond in the sum of fifty thousand dollars and what purported to be or so as pretended to be the will of said Charles Hall soon recorded in said Court, and is now there of record And your orators show that they have procured a transcript of the second of the proceedings had in said Court shewing what appears there of second in this behalf duly certifie, and which transcript is heresaith filed marked A. and is herewith exhibited, and prayed to be taken as a part of their Bill - But your orators alledge that Original Bill the said Charles Hall did not make any such will, that the said proceedings were altogether unauthorized, irregular, e erroneous and void, that the said Court had no authority to allow of said probate, no jurisdiction to establish the same, that proper notice was not givin, nor proper proof made, and that the same is not properly the will of said Charles Hall and should be entirely disregarded and set aside, and that there was no authority nor warant for the appointment of said Joseph Hall or John Hall or either of them as [?], and that their authority on such should be credited and set aside, and that their acts as such are in no manner binding on the rights of your orators.
Further complaining, your orators shew that under pretence authority of the said will and of the said letters testamentary to them grantedby the Orphan Court of Baldwin County as aforsaid, the paid Joseph Hall and John Hall did [?] on [?] the office and duty of [?] immediately upon the decease of the said Charles Hall, and did
Page 5
379
3
Original Bill
children before any distribution is made to them out of this property left at his decease by the said Charles Hall, that your orators cannot now particularly set forth what said advancements do respectively amount to as against each of the said children but they alledge and say that the amounts was large, and they pray that an account may be taken of said advancements and that the value be ascertained by reference and report to this Court when the distributive share shall be enquired of and settled.
Your orators shew that your oratrix the said Aurelia M. Carpenter, when she was married received from said Charles Hall one negro girl named Seal, then aged sixteen or seventeen years, worth at that time between three hundred and fifty and four hundred dollars, and she also received fifty head of cattle, worth about two hundred and fifty dollars now, and received no more, and your orators are willing to allow the amount of said advancement out of the distribution share of your oratrix. But they shew that the other children (excepting Ann Godbold, Origen C. Hall, Octavia and Osmond) received each property to the amount of two thousand dollars or upwards, and besides five negroes to each of them of great value, and that the said Ann and Origen each received five slaves, the said Ann in the lifetime of said Hall and Origen since his death, the value of all which as well as of all other items of value should be taken into the account.
Further complaining your orators shew that the said Charles Hall was indebted at the time of his death to your orator Samuel A. Carpenter in a very large balance of account, arising out of a variety of transactions had between him and said Charles Hall, then unsettled, arising out of claims for goods sold, & delivered to him, hire of negroes due from him to your orator Samuel A. Carpenter, and for moneys and property, the amount of which will exceed five thousand dollars, against which the said estate will be entitled to credits for payments, set off &c, but on which there will be a large balance in favor of your orator Samuel A. Carpenter, all which is unsettled and unascertained, and which it will be necessary to ascertain and settle. Your orators further show that in the inventory of the property of the said Charles Hall it appears that the said Joseph & John Hall have included two negroes, one named Big Jack, valued at $800. and the other named Jim, valued at $500 as being property of the estate of Charles Hall, whereas the said two negroes were not the property of the said Charles Hall, and do not belong to the assetts of the estate of the said Charles Hall the said slaves being the property of the said Samuel A. Carpenter one of these Complainants, and your orators charge that all the hires and profits of said slaves belong to your orator the said Samuel A. Carpenter, and that the value should be ascertained and separated from the property of said estate and that your orator the said Samuel is entitled to have said slaves and all the profit hire and proceeds of their labor, since the decease of said Charles Hall, and that they should form no part of the fund for distribution, nor the profits arising from them; but your orators shew that the said defendants insist that the said slaves do properly belong to the said estate, and that the profits also form part of the assetts and that the same are properly part of the fund to be distributed and disposed of as the said supposed will directs.
And your orators further charge that the said Joseph Hall
