Jones' Executors v. Hoskins

305

Martha W Adair, was also Omitted in his original bill, to be made a party defendant, as your Orator understood She had Shortly before the filing of this bill departed this life, And Knew not who were her representatives, Now your Orator therefore prays your Honor that She be no longer Considered a party defendant to this Suit, but that her children who are as follows William Adair, Mary C Adair, Jones Adair, And Martha W Adair all of whom Are minors, And Jacob Haigh to whom the administration of her estate has been Committed by the Orphans Court of Madison County Alabama, And who now resides in the State of Mississippi be made parties defendant to this Amended, And the original bill filed in this Cause, together with the Said Sarah W Washington And her husband John Washington, who reside in the State of Tennessee, with words fit And aft to Charge them as Such, And that they to all intents and purposes Considered as parties defendant to this and the Original bill filed in this Cause, And that Guardian ad Litem be appointed by your Honor to defend Said Minor heirs, And that they Answer all and Singular, all the matters and things Contained in this Amended bill and the Original bill, to which this is An Amendment, in as true and Specific a manner As is Specially interrogated thereto, And to this purpose that your writ of Subpoena may issue &c, that upon final hearing of this Cause the Injunction heretofore issued may be perpetuated, and the interest of your Orator in Said Slaves be preserved to him, And Such others and further relief As in equity and Conscience your Orators Case may require, And that the prayer of the Original bill be in all things applied to the defendant in this his Amended bill, and that Subpoena issue &c, S. W. Probas Co. Sol for Complt,

Answer of } The State of Alabama } Wm S Hoskins (vs) John Jones J Haigh et als. Gn ad Litem } Lawrence County } Answer of James Gallagher Guardian ad Litem

306

[The following text is upside down relative to the top of the page.] for William, Mary C, Jones, And Martha W Adair, heirs of Martha W Adair, And infant defendants to the bill of Complaint filed against them and others in the Circuit Court of Franklin County Alabama now pending in the Chancy Court for the Northern District, 6^~ District, This Respondent Knows nothing of the matters and things Contained in Said bill, and presumes that Said infants Know nothing thereof, he therefore denies All the matters And things in Said bill Contained And asks that Complainant be Compelled to prove Strictly all the matters and things in Said bill Contained, James Gallagher Guardian Filed 5^~ June 1839 James Gallagher Register,

Commission } The State of Alabama } Northern Chancy Division, take depo.^s } Sixth Chancy District } To Jesse Crom Esq. of the County of Nancy Jones } in the State of Alabama _ _ _ Greeting Know ye that we in Confidence of your prudence and fidelity do hereby Commission, Authorize and require you to Call and Cause to Come before you at the dwelling house of William Hoskins Esqr in the County of [Blank] aforesaid, On the 15^~ day of April 1840, Nnacy Jones And her after being first duly qualified diligently examine touching her Knowledge respecting the matter in difference between the parties in a Suit in our Court of Chancy now pending wherein William S Hoskins in Complainant, And John W Jones and Jacob Haigh Executors, and others Are Respondents, in behalf of the Complainant, And examination So taken from under your hand and Seal Send Certified to the Register of our Said Court to be holden for Said Sixth Chancery District at the Court house in the town of Moulton in the County of Lawrence on the first monday after the 4^~ Monday in May next, Witness James Gallagher Register of our Said Court at office in the town of Moulton this 17^~ day of March 1840, and of American Independence the 64^~ year~ Issued the 17^~ day of March 1840 } Test James Gallagher Register

307

47 Let ten days notice be given of the time and place of taking the above deposition, James Gallagher Register.

Notice to take } William S Hoskins } In Chancery at Moulton Alabama, Nancy Jones Depo.^s } Vs } The defendants or their attorney Are John W Jones & Jacob Haigh } notified that the Complainants will Executors of Arthur Jones etal } on the 15^~ day of April 1840 at the dwelling house of Complainant in the County of Maringo and State of Alabama take the deposition of Nancy Jones to be read in evidence on the trial of Said Cause, on the part of Complainant, 19 March 1840 } W Hoskins by Probas So.^l

"Copy of this notice rec.^d 21 March 1840 Tarver & Wacker Sols for defendants"

Deposition of } The State of Alabama } By Virtue of a Commission to be directed Nancy Jones } Maringo County } from the Register of the Chancery Court for the Sixth Chancery District, holden at Moulton in the State of Alabama, and hereto Annexed I Jesse Croom have Caused to Come before me on the 15^~ day of April 1840 at the dwelling house of William S Hoskins in the County aforesaid, Nancy Jones a witness on the part of Complainant, in a Cause now pending in Said Chancery Court, wherein Said William S Hoskins is Compl= =ainant, and John W Jones and Jacob Haigh, executors of Arthur Jones, and others, Are defendants, And the Said Nancy Jones after having been by me duly Sworn to Speak the truth And the whole truth touching her Knowledge of the matters in Controversy in Said Suit, doth depose as followeth, Interrogatory 1^st Are you acquainted with the parties to a Suit in Chancery in the Sixth Chancery district wherein William S Hoskins is Complainant, and John W Jones, and Jacob Haigh Executors of Arthur Jones deceased And others are respondents? Answer. "I Am"

308

[The following text is upside down relative to the top of the page.] 48 } 2^d. Where did you reside on the 20 November 1828? What was then your employment? State whether you were then unmarried? And if So, whther you was a widow? And of whom? how many Children were there living by your former marriage? And who they were? State if you were at or about that time being add= =ressed upon the Subject of Matrimony? by whom? State if you were the owner of Any negro property about that time? And What disposition you made of it? State if your intention to Dispose of it was Known to the Said Arthur Jones, And if he objected, And all that passed between him and you on the Subject? An^s. to 2 Int. "About this time I resided in the town of Tuscumbia Franklin County Alabama, I Kept a boarding house, was then unmarried, And the widow of Samuel Hoskins, had but one Child living by my former Marriage, And that was my Son William S Hoskins, the Complainant in this Suit, I was about this time addressed upon the Subject of Matrimony, by Arthur Jones, I then owned three negroes, Sarah, Swift & Martha, which were by me before my marriage with Arthur Jones, And with his Knowledge And Current Conveyed by deed of gift to my Son William S Hoskins, he giving me a Conveyance to retain the possession of Said Negroes until my death, a few weeks before my Marriage with Arthur Jones which was as well as I Can recollect in December 1828 I informed him that I had a title property, and that it was my wish that my Son William S Hoskins Should have it after my death, he being the only Child, Jones' reply was that he did not Know that I had Any property, and that if it was my wish, I had better Convey it then, And appeared Satisfied And willing that I Should do So, And observed that the property I had, was no object with him, he never declined entering into marriage with me Unless

309

I would relinquish my intention of Settling my property on my Son, but appeared more Anxious than otherwise that I Should make the Settlements, According I did execute a deed to him (W. S. Hoskins) for the negroes, And with a View of retaining possession of them until my death, he Said William executed An Agreement by which I was to retain them Until my death, after which they And increase Were to go to my Said Son William, I never intimated to Arthur Jones or Any One else that I had relinquished my intention of Settling my property on my Son, upon the Condition that Arthur Jones Would intermarry with me." Int 3^d. Did you Consumate the marriage then in treaty with Arthur Jones, and if So, was it with a Knowledge on his part that the property you then had in possession was but a life estate in you? Was the marriage Consumated after the 20^~ of November 1828, State as neatly as you Can when the marriage Was Consumated? Answer, "I did Conssumate the marriage, and with a Knowledge on the part of Arthur Jones that the property I then had was held by me during my life, the marriage was Consummated as near as I Can recollect about the third of December 1829." Int 4^~ Did you after your Marriage with Arthur Jones ever hear him Say Anything of Complainants interest in the negroes Sarah, Swift, and Martha, if So what did he say? Answer to 4^~ Int. " Arthur Jones at different times in Conversation with me after our Marriage Spoke of the negroes in Controversy As being the property of my Son, one of them Sarah, was in the habit of running away, And I insisted that Mr Jones Should Sell her and buy Another in her place, he always Answered me that he would not Sell other peoples property" Int 5^~ Did the negroes Sarah, Swift, and Martha, go into the possession of Arthur Jones after her marriage with you, And who had possession of them after Jones death, and before the Sale?