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Johnson et.al.v.s Culbreath et.al
Exhibit A
dispose of as follows- Item first. I direct & desire that my two brothers Angus B Culbreath and Niven D.S. Culbreath be appointed escecutors of this my last will & testatment and guardians of my only son Thomas Evander Cannon, and it is my wish & desire and I so direct that said escecutors take the possession at my death of a certain negro woman called Leah, and another called Ann & her child called William Marcus together with all my beds & bed clothing to be by them managed & controlled to the best advantage untill my said son Thomas Evander becomes the age of twenty one, and at the age of twenty one I direct that said negroes & property aforesaid shall be given up to & delivered to the said Thomas Evander Cannon to be controlled and managed by him. I do further direct & desire that my said escecutors shall have the special controll & guardianship, of my said son Thomas Evander and that they do specially raise him with great care & especially to have him well educated according to the means herein allowed, and it is further my desire & will that the increase of said negroes & property shall in like manner be kept together & controlled by my escecutor, to the best advantage for the benefit of my said son Thomas Evander and at the age of twenty one be delivered over to him with the other property. Item second- I direct & desire that all other property such as stock household & kitchen furniture which I may have in possession at my death shall be sold by my escecutors in such manner as they think best & the proceeds thereof be applyed to the payment of my debts. I direct the same to be properly disposed of for the use & benefit of my said son. Thomas In testimony whereof I have hereunto set my hand & seal to this my last will and testament this day of August A.D. 1841, in the presence of the following named witnesses who at the request of the Testator & in his presence & in the presence of each other sign our names therto as witnesses &.c. (Seal)
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Johnson et. al. v.s. Culbreath et. al.
Probate of will
August 31st 1846 upon the hearing of the witnesses proposed by the petitioner Angus B Culbreath one of the escecutors appointed as Esc by this papaer it is ordered by the Court that this paper be filed & recorded and established as the last will & testament of Barbara Cannon decd. Jas. L. Lewis Judge C.C.
Petition of Angus B. Culbreath
of Benton County Ala. To the Hon. James L Lewis Judge of the County Court The petition of Angus B Culbreath would represent unto your Honor that on the 16 day of August 1846 Barbara Cannon a citizen of Benton County in the state of Alabama died leaving only one child called Thomas Evander Cannon about three years of age, ssid Barbara Cannon was a widow her husband Joel Cannon having died something near two years ago. Her next nearest kindred are her brothers your petitioner Niven D. S. Culbreath, Elijah & Malcolm M Culbreath who consent for the establishment of this will. Your Petitioner further states that said Barbara Cannon on the 15 day of August 1846 caused an instrument in writing hereto attached & prayed to be taken as a part of this petition to be drawn & read to her by an attorney at Law whom she had sent for to that purpose & after it was read she declared it to be her last will & testament. And said last will & testament appoints your petitioner together with one Niven D.S. Culbreath escecutors of said will and guardian of said infant child Thomas Evander. Said Niven D.S. being of age declines taking upon himself the duties of escecutor. Your Petitioner as escecutor & guardian appointed in said will here presents to the court said will, and the premises considered he prays that said will be admitted to Probate and he be allowed to take out letters of escecutorship & guardian of said infant child. Attest. T.A. Naher|
Angus B Culbreath Escamined & ordered to be filed & recorded James L Lewis Judge C.C.
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Johnson et. al. v.s. Culbreath et.al.
Eschibit B
The State of Alabama| Benton County| Eschibit B To any coroner of the State of Alabama greeting. You are hereby commanded to take the body of William J Willis Sheriff of Benton County if to be found in your County & him safely keep so that you may have him before the Honorable the Judge of our nesct Circuit Court at a Court to be held for the County of Benton at the Court House in the town of Jacksonville on the fifth Monday after the fourth Monday of March nesct last to answer Larkin N Cannon Adm. of the estate of Joel Cannon deceased in a plea of trespass on the case, to plaintiffs damage three hundred thousand dollars. Herein fail not And have you then & there this writ with your indorsement thereon. Witness, James Crow Clerk of said Court at office this 12th day of April in the year of our Lord one thousand eight hundred & forty seven & of American Independence the Year Issued the 12th day of April in the year 1847 Attest: James Crow Clerk
Cause of action Eschibit B
This action brought to recover the within damages for defts taking & converting to his own use the following property of estate of Joel Cannon deceased in the County of Benton in the year 1846, to wit: a negro woman named Leah about forty years old value $550. 1 negro woman Ann & her child Ann abour 20 years old value $900. & various articles of house hold & kitchen furniture such as bed steads beds & furniture 1 carry-all 1 clock 1 loom 1 bureau 3 tables 1 pine chest 1 spinning wheel 1 lot of corn 25 bushels, 1 lot fodder 4 cows & calves 1 bull frying pan kettles buckets pots & c.c. comprising all the kitchen & household articles belonging to Joel Cannon deceased. No bail required. Foster & McCampbell Attys for plff
Service in Eschibit B
Larkin N Cannon Adm &c| v.s. Wm J Willis Sheriff|
I acknowledge service of the within |writ & wave copy of the same this April 12th 1847 WJ Willis Shff Test J. A McCampbell
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Johnson et.al. V.s. Culbreath et.al.
Eschibit B
The State of Alabama| Benton County| Circuit Court Spring Term 1847 Larkin N. Cannon administrator of all & singular the goods & chattles rights & credits which were of Joel Cannon deceased at the time of his death who died intestate by Atty complains of William J Willis in custody &.c of a plea of trespass on the case for that whereas the said Joel Cannon in his life time to wit on the day of at to wit in the County aforesaid was lawfully possessed as of his own property of (?divers) goods & chattles to wit a negro woman Leah about thirty seven years old a negro wonam Ann & her child called four bedsteads & four beds one carry all one clock one loom one bureau three tables one spinning wheel fifty bushels of corn four cows three tables four hundred pounds of fodder of great value to wit of the value of three thousand dollars & being so possessed thereof the said Joel Cannon afterwards to wit in the County aforesaid died so possessed thereof after whose death to wit on the day & year last aforesaid at the place aforesaid the said goods & chattles came to the possession of the defendant by finding and afterwards to wit on the day of at to wit in the County aforesaid administration of all & singular the goods and chattles & credits which were of the said Joel Cannon deceased at the time of his death who died intestate was granted to the plaintiff by the orphans Court of Benton County in due form of law yet the said defendant well knowing the said goods & chattles to be the property of of the said Joel Cannon in his life time & at the time of his death & to belong to the said plaintiff as administrator as aforesaid after the death of the said Joel at contriving & intending to defraid the said plaintiff as administrator since the death of the said defendant afterwards & after the death of the said Joel to wit converted and disposed of the said good & chattles to his own use. And whereas
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Johnson et.al.v.s. Culbreath et.al.
Eschibit B
also the said plaintiff as administrator aforesaid afterwards & after the death of the said Joel to wit on the day of A.D. 184. at to wit in the County aforesaid was lawfully possessed of (?divers) other goods & chattles of like number quantity description & value as the said goods & chattles in the said first county mentioned as of his property as said administrator aforesaid & being so possessed thereof the said plaintiff afterwards to wit on the day & year last aforesaid at to wit in the County aforesaid casually lost the said last mentioned goods & chattles out of his possession and the same then & there came to the possession of the defendant by finding yet the said deft well knowing the said last mentioned goods & chattles to be the property of the said plaintiff as such administrators aforesaid & of right to belong & appertain to said plaintiff as such administrator as aforesaid but contriving & fraudulently intending to deceive defraud the said plaintiff as such administrator as aforesaid hath not as yet delivered the said last mentioned goods or any part thereof to the said plaintiff (though often requested &c) but hath hitherto wholly neglected & refused & still neglects & refuses and afterwards to wit on the day & year last aforesaid at to wit in the County aforesaid converted & disposed of the said last mentioned goods & chattles to his own use to the damage of the said plaintiff as administrator as aforesaid three thousand dollars & therefore he bringssuit &.c. And the said plaintiff brings into Court here the letters of Administration of the said Orphan's court of Benton County which gives sufficient evidence to the Court here of the grant of administration to the said plaintiff as aforesaid J. Foster Atty for Plff
Defendant pleads in shout by consent the general issue with leave to give any matter in evidence which might be pleaded in bar. N & Walker for Dft.