Johnson et als. v. Culbreath

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Johnson et.al. v.s. Culbreath et.al.

Subpoena

The State of Alabama Benton County. To any Coroner of the state of Alabama - Greeting You are hereby commanded to summon Angus B Culbreath, & Larkin N Cannon Adm of Joel M Cannon deceased & Elijah Culbreath and Malcolm Culbreath personally or by attorney to appear before one, Register & Master of the Chancery Court holden for the 39^th district, in the town of Jacksonville, and the County aforesaid, & within thirty days nesct after the service of this subpoena- then & there to answer the allegations charged, and the interrogatories contained in the crop bill of complaint eschibited against them by William J. Willis Sheriff of Benton County & esc officio administrator of Barbara Cannon deceased. Herein fail not & due return make of this writ within the said thirty days- Witness: Richard G. Earle Register of our said Chancery Court, at his office in Jacksonville this 27th day of February in the year of our Lord 1848 and of American independence the 72nd year R.G. Earle Register &.c. Issued 27th day of February 1848

Answer of N. Cannon

In Chancery|

The seperate answer of Larkin N Cannon Adm of the estate of Joel Cannon deceased to the bill & amended bill of cmplainant of Niven D.S. Culbreath against this respondent, Wm J. Willis Adm &.c. et alias This respondent saving & reserving to himself all benefit of escceptons to the errors & imperfections in complainants Bill contained, for answer thereto says: That of this own knowledge he knows nothing of the statements & allegations in said bill in relation to the will of Malcolm M^cPhail bequeathing to the children of Flora Culbreath a certain negro woman named Leah & her childfen but from information he believes that the facts contained as set forth by complainant as to the making of said will, its admission to probate, the No. of children

26

Johnson et.al.v.s. Culbreath et.al

Answer of L.N. Cannon

the removal of the property to this state the intermarriage of Joel Cannon respondents intestate to Barbara Culbreath are true and that his intestate by said intermarriage with the said Barbara Cannon became entitled to one fifth of the bequest of the said Malcolm M^cPhail that is an interest in one fifth part in said negro woman Leah & her increase of his own personal knowledge he knows nothing of the division of said negroes among the heirs of Flora Culbreath on the 1st of January 1846 but from information states that he believes such a division took place & that by said division the negro woman Leah & her child Ann were assigned to his intestate Joel M Cannon, this respondent also admits that he has since been informed & believes that at the time of said division to wit the 1^st of January 1846 the complainant was under the age of twenty one years as stated in his bill of complaints as to the fairness or unfairness of said division he knows nothing esccept from complainants bill and as he is informed by others from such information he admits that the negro girl assigned to complainant was not as valuable as those assigned to the other distributies. This respondent admits the death of Joel M Cannon & his wife Barbara Cannon & that his co Dft. Wm J. Willis was appointed adm: with the will annesced of Barbara Cannon whose death as stated in complainants Bill took place after the death of the said Joel. This defendant also admits as stated in complainants amended bill that on the day of he was appointed adm: of the estate of Joel M Cannon deceased & as charged by complainant commenced an action as adm. of Joel M. Cannon of trover in Benton Circuit Court against said Willis for the recovery of said negro woman Leah, Ann, and another infant child of the said Ann together with several articles of personal property belonging to the estate of the said Joel which had been taken possession of by the said Willis, this respondent further states that at the time of commencement

28

Jurat of Ans.

contained when stated as of his own knowledge are true and when stated as on information he believes them to be true. Subscribed & sworn before me this 29th day of January 1848 L.N. Cannon R.G. Earle Register &.c.

Filed in office 29. Janu. 1848 R.G. Earle Register &.c.

Crop bill of L.N. Cannon

To the Hon. David G. Ligon Chancellor of the Northern Chancery Division of the State of Alabama sitting at Jacksonville for 39^th Chancery District Humbly complaining showeth unto your Honor your orator Larkin N Cannon administrator of the estate of Joel M. Cannon deceased a citizen of Benton county that sometime since one Niven D.S. Culbreath filed his Bill of Complaint in your Honors Court against William Johnson Angus B Culbreath Malcolm Culbreath Elijah Culbreath & W^m J. Willis administrator of the estate of Barbara Cannon deceased setting forth among other things that the grand father of said complainant Malcolm M^cPhail many years since made his will in the state of North Carolina which will was duly admitted to record according to the laws of said state which said will is made an Eschibit to said Bill of Complaint & to whch your orator begs leave to refer as a part of this his Crop Bill as fully as if the same was here copied by which said will the Testator bequeathed unto his grand children who were the children of Flora Culbreath a negro woman named Leah and in case she said Flora should have other children then they should share equally with those in escistence in the said negro girl & her increase, that the said negro girl & her children should remain undivided until the youngest of those children of Flora Culbreath should come of age that after the making of said will the said Flora Culbreath departed this life leaving the following children to wit Barabara Culbreath