Jones' Executors v. Hoskins

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55 } in the foregoing Commission do hereby Certify that Deposition of } Samuel Meredeth And William B Hogan di depose as Nancy Jones } as Shown in their foregoing depositions, that they were by Me duly Sworn, And that they Subscribed the Same in my presence on the day and yeare therein mentioned, September 4^~ 1840. } Jno C Simpson Commission

Desposition of, } The State of Alabama } In presence of the annexed Commission Nancy Jones } Franklin County } to me directed by the Register of the Chancery Court at Moulton, I have Caused to Come before me on the afternoon of the fourth day of September 1840 at the residence of John Hogan Esqr in the County of Franklin, Mr^s Nancy Jones, Wiotness on the part of the Compla= =iant in a Cause now pending in the Chancery Court for the Sixth Chancery District at Moulton in the County of Laurence State of Alabama in which William S Hoskins is Compla= =iant And John W Jones and others are defendants, on the part of Complainant in Said Case, Mr.s Nancy Jones being duly Sworn answer as follows. Question 1^st.. Did you execute a deed of gift to William S Hoskins of which the enclosed Marked B. Upon its back is a Copy. If So, under what Circumstances was it executed, were you at that time Contemplating a marriage with Any one, And if So, with whom, And did you impart your intention of executing Said deed to your Contemplated husband? Answer, "I did execute a deed of which the one now Shown to me, marked B upon its back, And herein enclosed is a Copy, at that time I had only one Child living, my Son William S Hoskins, who was unprovided for by and patrimony from his Fathers Estate, his guardian having Squandered his estate, and having been instrumental in the Selection of his Guardian I felt Solicitous to make provision for him, at the time of the execution of Said deed, and Some time before I was being

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[The following text is upside down relative to the top of the page.] addressed by Captain Arthur Jones, and informed him of the Circumstances above mentioend, and of my intention to Settle the property mentioned in Said upon my Son," Question 2^d. Upon giving this information to Capt Jones, what passed between you? Answer, Capt Jones replied that he did not Know that I had Any property, and if it was my wish to Convey it to my Son, I had better do it then, And Appeared to be perfectly Satisfied and willing that I Should do it, And at the Same time observed that the property I had was no object with him, as he had a plenty to support us." Question 3.^d Atat Any time after you had informed Capt Jones of your intention in regard to the Settlement of the property did he disapprove of it, or Show Any Un= =willingness to your giving it to your Son, or did he ever decline entering into Marriage with you without your would relinquish your intention of So doing? Answer, "Capt Jones never expressed any unwillingness to my Settling my Negroes on my Son, but always appeared more Anxious than otherwise that I Should So do, he never declined entering the marriage with me unless I would relinquish my intention of Settling my negroes on my Son, I never intinated to Arthur Jones or any other person that I would relinquish my intention of Settling my property on my Son upon the Condition that he Arthur Jones would intermarry with me" Question 4^~ State whether you were afterwards married to Capt Arthur Jones, if So, whether after the marriage you heard Said Jones Say Any thing about the property you Carried with you, And what he did Say, And State the names of the negroes you did Carry to Said Jones with you? Answer, " I was married to Capt Arthur

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56 57 } Jones Some Short time after making the deed to my Son, after our Marriage I heard Capt Jones At Sundry times Speak of the negroes As the property of my Son William, The negro woman Sarah was in the habit of running away I Several times requested Capt Jones to Sell her and get Another in her place, he always Answered he would not Sell other peoplers property, The negroes I Carried to Capt Jones with me were named Sarah, Swift & Martha, Question 4^~ Did you ever either before or Since the death of Capt Arthur Jones hear your Codefendants or Any or either of them, if So. Which of them, Speak of Complainants interests in the negroes mentioned in the bill, and what was Said? Answer, "Since the death of Capt Arthur Jones George W Carroll informed me that he heard Capt Jones Say, that if I died, the property that I Carried there with me would go to William S Hoskins, this Conversation I understood Mr Carroll to Say took place took place between him And Capt Jones At a a time I was Very Sick, And not expected to recover" Question 5^~ Are you Acquainted with the negroes now in Controversy in this Suit, how many of them Are there, enumer= =ate them, and what is their respective value, how much have they increased Since the execution of Said Settlement or deed, And which of them Are the increase? Ansewer, "I am well acq= =uainted with the negroes, there Are Seven of them, Viz Sarah a woman, Martha a Girl, Swift a boy, Are the three original Negroes, the increase Since the Settlement of the property on William S Hoskins is four, in number Viz, Jackson a boy, Harriett a Girl, Silvy a Girl, and Edy a Girl, the first Six of which Sold at Capt Arthur Jones Sale, for five thousand five hundred and eleven dollars, Edy the last named child has been born Since Said Sale," Question 6^~ What were your Motives in Keeping possession of

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[The following text is upside down relative to the top of the page.] 58 } Said Negroes? Answer "My Motive for Keeping the Negroes in possession was, that I was Keeping a boarding house in Tuscambia at the time, And Could not do without them, having no others, And it was the wish of my Son that I Should retain possession of them, question 7^~ Were the Negroes of peculiar Value, And if So, On what account? Answer," they were, I had raised them myself, and of Course they would Suit me better and be of more Value to me than Any other negroes, Nancy Jones. Sworn to And Subscribed before me this 4~ day of September 1840 } Jno C Simpson Commissioner Certificate } The State of Alabama Franklin County } I John C Simpson, Commissioner named in the foregoing Commission to hereby Certify that Nancy Jones did depose as Shown in the foregoing deposition, And that She was by me duly Sworn, And that She Subscribed the Same in my presence, on the 4^~ day of September 1840 Jno C Simpson Commissioner

Copy of deed } "The following is the deed of gift executed by Nancy Jones to referred to } William S Hoskins on file Amongst the papers in the Cause of the foregoing } William S Hoskins (vs) John W Jones and others in the Chancery Dpo^s. of Nancy } Court at Moulton Alabama" Jones, } "For and in Consideration of the love and affection I have for my Son William S Hoskins I have this day given him the following negroes. Viz Sarah, boy Swift, Girl Martha, boy Haywood, & Girl Miranda, I warrand and defend the title of Said Negroes As named above to my Son William S Hoskins and his heirs forever, Given under my hand & Seal this 20^~ day of November 1828. Test John Hogan } Nancy Hoskins [Seal] Test James Gallagher Register Chancery Court,

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59 Answer of } William S Hoskins } The Answer of James C Watkins Gadn ad Litem, } Vs } Register of the Chancery Court at John Jones I Haigh Ex.^s et al } Moulton, Guardian ad Litem of the minor defendants in this Suit, for answer to the allegation and Averments in the bill filed against those defendants John W Jones, and Jacob Haigh Executors of Arthur Jones et al, Says that the Said defendants Are minors, and thereore prays to protect their interest, Respondent thereofre as Guardian of Said Respondents denies all the allegations in Complaiants bill, and requires Strict proof thereof, and having Answered as fully as he Can prays hence to be dismissed with his Costs &c, James C Watkins Register, Filed June 3^d 1841, J C Watkins Register

Agreement to } William S Hoskins } It is agreed that this Cause now pending Trans for Case, } Vs } in the Chancery Court at Moulton be Exc.^s of A. Jones } transfered to the Chancery Court at Russellville in Franklin County } S W Probares Complts Sol P Wacker for Respondents

Transcript of } The State of Alabama orders made } 30^~ Chancery District } Northern Chancery Division Court holden at Moulton, of Moulton, } William S Hoskins } In this Cause the following Are the orders Vs } that have been made in this Court As John W Jones etal } appears on the minutes of the Same~ At June term 1839. "Came the Complainant by his Solicitor And on his motion. It is ordered by the Court that the Register hereof be appointed Guardian ad Litem of the infant defendants towit, William, Mary C. Jones, And Martha W Adair, And by Consent, and on motion, this Cause is Set for hearing at the next term of this Court & the Same [Centd?] At December term 1839 "On motion and by Consent of the parties It is ordered by the Court that the Complainants have leave to