Jones' Executors v. Hoskins

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261

The State of Alabama Franklin County S.S. Be it remembered that heretofore to wit on the [ blank] day of [blank] was filed in the Circut Court Sitting in Chancery for the County and State aforesaid , a bill of Complaint in the name of William S Hoskins, Complainant, against John W Jones Isaac Winston & Jacob Haigh Executors of Arthur Jones deceased, and others Respondents, in the words and figures following to wit. The bill of Complaints of William S Hoskins a Citizen of Marengo County Alabama. Complainant , and John W Jones Isaac Winston and Jacob Haigh Executors of the last will and testament of Arthur Jones deceased, and other defendents, To the honorable the Judge of the fourth Judicial Circuit in and for the County of Franklin, and State of Alabama, in Chancery Sitting, Humbly Complaining Showeth unto your Honor, your Orator William S Hoskins, that in the year 1828, Nancy Hoskins. Widow of Samuel Hoskins, and mother of Complainant, was possessed among others property of five Negro Slaves namely Sarah and her two Children, Swift and Martha, Haywood, Meranda, that said Widow being then about to intermarry with Arthur Jones. now deceased, did on the 20th November 1828. with a view of providing for your Orator out of said property, make to your Orator a deed of gift to said Several negroes & alliened them to your Orator , that on the same day, and as a part of the same transaction the said Nancy made an Agreement under Seal with your Orator, in which reciting that said Nancy had made to your Orator Said of gift, your Orator agrees that Said negroes, woman Sarah and her two children Swift and Martha, Should remain in said Nancys possession during her life time, after her death to return to your Orator, with all their increase, which said agreement was proven and recorded on the 2d day of March 1829. All which will more fully appear on reference

262

[Note: All text is upside down relative to the above numbering, so the following text will start from the bottom of the page and move back up towards the top.]

to Said papers, herein refered to as exhibits A. and B. And prayed to be taken as part of this bill, Copies of which are herewith filed, And the Originals Shall be produced as your Honor may order, In persuance of this agreement the Said Nancy retained in her possession the Said Negros Sarah, And her Children Swift and Martha, And the Other two, Haywood and Miranda were delivered to your Orator, who has ever Since Kept, and yet has possession of them, Claiming them by no other title~ The marriage between the Said Arthir Jones, And the Said Nancy was afterwards Consumated, the Said Nancy having before that event taken the precaution to notify him that She had executed the deed of gift And agreements heretofore recited, And the Said Arthur Jones in Said Conversation expressed himself well pleased that Said Nancy had made the provision for your Orator, And that it met his entire approbation, And Consent, that Said Nancy had previously made a provision for a Sister of your Orator, your Orator and Said Sister being the only living Children of Said Nancy and her deceased husband Samuel Hoskins, And that Said Nancy had never before made Any others privision for your Orator, And the Said Arthur after the Intermarriage took the Said Negroes, Sarah and Swift, and Martha, into his possession And they remained in his possession til his death, which happened about the 24 day^- of October 1836. The Said Nancy Surviving him, Your Orator would further State that Said Arthur Jones in his life time, as he is informed, [never?] Claimed Any greater interest in Said Negroes. than his wife that in the event She Should die before him, Said negroes together with their increase Should immediately be delivered over to your Orator Said Negroes have, Since then have been in possession of Said Jones, increased and now number in all Six, And are as follows Viz_

263

Sarah, Swift, Martha, Jackson, Harriett, Lilsey, that Said Arthur Jones died [Lestate?], and by his last will and testaments executed on the [blank] day of December 1835, he appointed John W Jones, Isaac Winston, And Jacob Haugh his Executors which will was regularly admitted to Probate by the Orphan Court of Franklin County, Alabama, the County in which Said Jones resided, previous to his death, by Said will he devised to his widow Nancy Jones, in Case She Survived him, One third part of the lands of which he died Seized, including his dwelling house, And one fifth part of his personal estate after the payment of his debts, And funderal expenses, dividing all his property real, personal &c between the Said Nancy And his Children by as previous marriage, in a manner therein Specified, which will more fully appear by reference to a Copy of Said will hereinth accomp- And marked C, and prayed to be taken as a part of this bill, the Children of Said Jones provided for by Said Will are as follows Viz. John W Jones, Wylie B Jones, Martha W Adair, Widow of William Adair decd, Sarah W Warthington, formerly Sarah W Jones, who intermarried with John W Jones, whose portion of Said property, under and by provision of Said Will is to be placed in charge of Jacob Haugh And John W Jones, as Trustees and their Successors for the Seperate use of Said Sarah W, And her heirs, Catherine B Winston, formerly Catherine B Jones, who intermarried with Isaac Winston, Lucy W Carroll, formerly Lucy Jones, who intermarried with George W Carroll, And Matilda Haugh, formerly Matilda Jones, who intermarried with Jacob Haugh, All of whom Are the children of Said Arthur Jones Dec^d, by a previous marriage, Letters testamentas, Were granted to the Said John W Jones. And Jacob Haugh on the [blank] day of [blank] by the Orphans Court of Franklin County, Ala, who took with their possession as your Orator is informed and believes Amongst the personal property of Said Arthur dec^d, to Said Slaves Sarah, Swift, Martha,

264

[Following text is written upside down from the bottom of the page back towards the top] Jackson, Harriett, and Lilvy, Claimed by your Orator as aforesaid, which Said Slaves, Said Executors Claim as the Absolute property of their Said testator, And as your Orator is informed they Say they will Sell them as Such in fee Simple, regardless of the Claim in remainder of your Orator, Notwithstanding Said Executors, and all of Said Legatees your Orator Charges Are Aware of his claim to Said Slaves, Your Orator States further that he Sets a peculiar value upon Said Slaves, that they are family Slaves, raised by his mother And that Sarah is a first rate Cook and Washwoman, And that Martha is a good Seamstress According to her ages, And house girl, And for the reason above your Orator does not feel that he Could (if left at law to his remidy) be fairly Compensated in damages for the loss of them, Your Orator States further that the Said executors as he is informed And believes have Adventured Said Slaves of their testator to be Sold on the 9~ day of January 1837, and also the Slaves above named Claimed by your Orator, which will more fully appear by reference to Said Advertisement herewith filed marked D.~ Your Orator States that unless he Can obtain the aid of this Court, he is informed And fully believes that Said Executors will on Said 9~ January, Sell and dispose of the Said Slaves, (claimed by him as above,) as the absolute property of the Estate of the Said Arthur dec^d, And in that event your Orator may be put to great trouble And expense in following up the Several persons who may purchase them, and established hin claim of them, And indeed unless this Honorable Court lend its aid, to your Orator, his claim and first right will be greatly delayed And endangered, if not in Some or all of the Cases. entirely lost, Your Orator has reasons to believe, and does believe, that Some if not all of Said Slaves will be Carried out of this State, Your Orator Charges, that the Said Executors, And the Said Legatees of the Said Arthur dec^d, Are Combining And Confederating together for the purpose of the Cheating And