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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

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