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Index √Original bill, page, 1 Exhibit A " 7 √Subpoena " 8 Amended bill " 9 Notice for order to amend " 11 Order to Amend " 12 √Answ. W L Willis " 12 Crop bill W L Willis " 17 Exhibit A " 18 Probate of will " 20 Petition A B Culbreath " 20 Exhibit B " 21 Cause of action " 21 Subpoena Crop B " 24 √Ans L N Cannon " 25 Crop B L N Cannon " 29 Exhibit A " 33 Ans. E Cul. to origin bill " 34 √Ans. Johnson to origin & amend bill " 36 Ans. Johson to Crop bill Cannon " 40 Ans. Johnson Amend bill " 44 Ans A B Cul to origin & amend bill " 47 (?) Ans John McPhail to origin, (?) & crop bill " 52 Decree Pro Confesso " 52 (?) to E Culbreath " 53 Deposition E Culbreath " 60 Eschibit A " 68 (?) to John McPhail " 69 Deposition " 71 (?) G Smith et. al. " 82 Deposition D.V. Crider " 85 " Wm Biggs " 87 (?) to Ferguson & (?) Sublett " 87 Depositon of C Sublett " 91 Deposition N Ferguson " 92 Malcolm McPhails will " 93 Probate " " " 94 Agreement of Counsel " 95 √Opinion & Decree " 96 Registers Certficate " 105
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Johnson et. al. vs Culbreath et al
Be it remembered, that on the third Monday in February A D. 1850, the time appointed by law for holding the Chancery Court for the 39" Chancery District, Northern Chancery Division of Alabama. Present his Honor David G Ligon one of the Chancellors for said State, the above cause came into be heard, and agreement being there in had, and all the papers and proof therein being examined by the Chancellor the following proceeding were therein had & decree made by the Court, to wit,
Original Bill
In Chancery|
to the Hon D.G. Ligon Chancellor of the Northern Chancery Division of the state of Alabama, holding a Chancery Court for the 39th Chancery District of the Northern Chancery Division of the State of Alabama Humbly conplaining & sheweth unto your Honor your orator Niven D. S. Culbreath, as citizen of the County of Benton and state of Alabama of lawful age, that at sometime
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Johnson et al v.s. Culbreath et al
Original Bill
between the 24th July 1824 and September 1828 his grandfather Malcam McPhail died in the state of North Carolina. The said Malcam McPhail before his death made his last will and testament, which a short time after his death was duly and legally proved, admitted to probate, and established before the Court of Pleas and Quarter sessions for Cumberland County in said state, which wasthe proper court according to the laws of North Carolina for the probate and authentications of the said last will and testament. The said Malcam McPhail resided in the said County of Cumberland, and had his property there at the time of his death. Your orator has procured a copy of the said last will and testament which though not certified as records from other states are required to be, is hereto annexed marked "Exhibit A" and prayed to be taken as a part of this bill of complaint. Your orator or a final hearing of this cause will produce in evidence a legally certified copy of the said will & testament as admitted to probate in the state of North Carolina. In the said last will & testament the said testator Malcom McPhail gave unto his grand children, who were the children of his daughter, Flora Culbreath, a negro girl named Leah. In case the said Flora Culbreath should have another child or other children, then he she or they should share equally with the children of the said Flora then in existence, in the said negro girl & her increase. It is further directed and provided by the said will that the said negro Leah and her increase should remain undivided among the children of the said Flora Culbreath untill the youngest of them should come of age, that is should arrive at the age of twenty one years. By the said will the wife of the said testator, Mary McPhail. and her son, John McPhail, were appointed
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Johnson et. al. V.S. Culbreath et.al.
Original Bill
executor and executive of the said will. All of which will be more fully seen by reference to the copy of the said last will & testament. which is hereto attached, and is refered to and prayed to be taken as a part of this bill of complaint as fully as though the same were herein copied. After the making said will and testament, and before the death of the said testator. Malcom McPhail, the said Flora Culbreath, who was the daughter of the said Malcom, departed this life in the state of North Carolina, leaving the following children to wit: Barbara Culbreath who afterwards intermarried with Joel M.Cannon, Elijah Culbreath, Malcom P Culbreath, Agnes B Culbreath and your orator Niven D.S. Culbreath, who was the youngest of the children of the said Flora Culbreath. The above named were all the children of the said Flora. Your orators Father, Daniel Culbreath, the husband of the said Flora died about thirteen years ago in North Carolina without other children than those above named. Your orator does not know whether any letters testamentary, or letters of administration were taken out upon the estate of the said Malcom McPhail by the executor and executrix appointed in said will or either of them or any other person or persons. Your orator does not know whether the said Mary McPhail and John McPhail ever qualified as executor or executrix under the said will, but if they or either of them ever qualified as such executor or executrix or if any administration upon the said estate ever was granted, your orator avers that the same has been long since closed up and finally settled. That all the debts of the said Malcom McPhail were settled without recourse to the sale of the said negro Leah or her increase, and that it was not necessary to sell the same
