Jones' Executors v. Hoskins

265

defrauding your Orator in the premises, All of which Actings And doings Are Contrary to equity And good Conscience, And lend to the manifest wrong And injury of your Orator, And in As much As your Orator is without remidy by the Strict rules of the Common Law, And Can only obtain relief in this Honl Court, To this end, therefore, your Orator prays your Honor that the Said John W Jones Isaac Winston And Jacob Haugh Executors of Arthur Jones dec^d, And that the Said Mary Jones dec^d. widow of the Said Arthur decd. Jacob Haugh has bond of Mathilda Haugh formerly Mathilda Jones, George W Carroll has bond of Lucy W Carroll formerly Lucy W Jones, Isaac Winston husband of Catherine B Winston, formerly Catherine B Jones. Jacob Haugh And John W Jones as trustees of Sarah W Washington, Jown W Jones_^^& Wylie B Jones, be made defendents to this bill, And be Compelled upon their Corporal gather true And perfect Answers to make to All And Singular the Allegations, mathes and things herein Contained, in as full and Ample A manner As if they were thereto again Specifically interrogated, the premises Considered may it please your Honor to grant unto your Orator your Honor writ of Instruction prohibiting And restraining Said Executors or Legatees from Selling or in Any wise disposing of Said Slaves. Sarah Swift, Martha, Jackson, Harriett and Lilvey - or Any or either of them, or Sending Any of either of them out of the Jurisdiction of this Honl Court, Your Orator prays for a Subpoena to issue &c, And for Such others And further relief As the equity of his Case may entitle him to, in the premises And as in duty bound your Orator will ever pray &c - J. W Probas Co. Sol for Complt.

Affidavit to } The State of Alabama } On the 29th Day of December 1836, personally Limestone County } appeared before me Daniel Coleman. Judge of the 4^- Judicial Circuit for the State of Alabama. William S Hoskins, Complainant in the above bill, who being duly

266

[Following text is upside down relative to top of page, starting from the bottom and moving up] Sworn deposeth, And Saith, that the facts State in the above bill, As of his own Knowledge Are true, And those Stated As those Stated As of the information of the others he believes to be true, Sworn to and Subscribed before me this 29^~ December 1836. Daniel Coleman Judge &c } Hon S. Hoskins

The State of Alabama To the Clerk of the Circuit Court of Franklin County in Said State, upon the Complainants entering into bond with Sufficient Security, in the Sum of five thousand dollars, payable to the Said Defendants duly Conditioned for the payment of all Such damages And Costs As they may Sustain by the wrongful Suing iut of this Attachments, let thy writs of instruction and Subpoenas issue_ restraining Said defendants from removing out of this State or permitting to be So removed the Said last mentioned Six Slaves Unless they will enter into bond with Sufficient Security in the Sum of five thousand dollars, payable to Said Complainants duly Conditioned for the fourth Coming And delivery of Said Slaves to Abide the final order of this Court in the premises, And in the event Said defendants refuse to give Such bond, An Attachments issue against Said Slaves that they may be safely Kept to Abide the further order of this Court, This 29^~ December 1836. } Daniel Coleman

Exhibit A. } For An in Consideration of the love and affection I have for my Son William S Hoskins I have this day given him the following negroes, that is Viz Sarah, boy Swift, Girl Martha, boy Haywood, And Girl Miranda, I warrant and defend the title of Said Negroes, as above to my Son William S Hoskins, And his heirs forever, Given under my hand and Seal this 20^~ day of November 1828. Test John Hogun } Nancy Hoskins [Seal] Exhibit } The State of Alabama B. } Franklin County } Article of Agreement between William S

267

Hoskins, And Ann Hoskins his mother both of the County and State aforesaid, It is agreed that I have a deed of gift for Sarah and her two Children Swift & Martha, from my Mother Ann Hoskins, And as my mother is now about to get married to Arthur Jones, I now agree that the negro woman Sarah, and her two Children Swift & Martha with all their increase may remain with my mother during her life time, after her death to return to me with the increase (Say Sarah, her two Children Swift & Martha with All their increase) Given under own hands and Seals this 20^~ of November 1828 Jno Hogun } Nancy Hoskins [Seal] Wm S. Hoskins [Seal]

Probate of } The State of Alabama } Personally appeared before me Michael Exhibit B. } Franklin County } Disckson Clerk of the County Court of Said County John Hogun who after being first duly Sworn deposeth that Nancy Hoskins, and William S Hoskins Severally Signed Sealed and Acknowledged the foregoing Article of Agreement on the day and date thereof in his presence, and Stated that the Same was done for the purposes therein Sepcifically named In Testimony whereof I have hereunto Set my hand, and affixed the Seal of Said Court At office in Russelville this 2^d day of March 1829. } Michael Dickson C. C. C.

Received And recorded 2 March 1829 Certificate } The State of Alabama } I do hereby Certify that the foregoing Transcript Probate } Franklin County } Contains a full true and perfect Copy of Transcript } the record of the Article of agreement, between Ann Hoskins and William S Hoskins, as from the records in my office remaining doth appear, Given under my hand at office this 16^~ Nov 1829 } Test Michael Dickson Clerk By his deputy, Hugh Dickson Jr

268

[Following text is all written upside down relative to the top from the bottom of the page up.] In the name of God Amen, Exhibit } I Arthur Jones of Franklin County in the State of Alabama, being C. } of Sound mind And Memory, And desirous while in health to provide for the hour of death, do make this my last will and testmament Viz after the payments of all my just debts, And funeral expenses, I give and bequeath to my wife Anna Jones Should She Survive me, An estate during her life, in one third part of Such lands as I may die seized of According to quantity and quality, her portion to include the dwelling house, And also one fifth part of the personal estate after paying debts & funeral expenses as aforesadi, to her And her heirs forever, And as it is my wish And intention to do equal justice to all my Children, And to give to each as nearly as practicable An equal portion of my property, And as I have heretofore given to each of them as they became of age or were married about An equal portion except that in addition to the portion of my daughter Sarah W Washington Conveyed by deed of trust duly executred, And bearing date the 25^~ day of July 1834 Certain other property therein Specified, to Jacob Haugh and John W Jones as trustees for her my Said daughter Sarah Washington,^s use, And her heirs of the value of One dollar, now it is my will that after the payment of all my just debts, &c, and allotting to my wife her portion as herein before directed, to add to the residue of my estate of every description the Said Sum of One dollar value of property. Conveyed in trust for the use of my daughter Sarah W Washington, and to divde the Sum total after making Such addition, into Seven parts, And I do hereby direct And require my Executors hereinafter named to distribute and pay over the residue of my estate both real And personal in the following manner to wit, after deducting from One of Said Seven parts or portions the Said Sum of One dollar, to pay over to Said trustees or their Successor. the residence of Such portion, to be held by them in like trust for her use And benefit, And for the use

269

And benefit of her heirs, And to pay to my daughter Catherine B Winston, And Martha W Adair, And to my Son John W Jones, And to my daughters Lucy H Carroll And Mathilda Haigh, And to my Son Wylie B Jones, one Seventh of the residue of my estate As aforesaid, each, or to their legal representatives respectively, And I do hereby Constistute And appoint John W Jones, Isaac Winston, And Jacob Haigh Executors of this my last will and testament, Given under my hand and Seal this [blank] day of December 1835. Test Dekory Carroll H. R. Alsbrook } Arthur Jones [Seal] Wm J Daily

The State of Alabama } I Michael Dickson Clerk of the County Frankling County } Court aforesaid, Do hereby Certify that the foregoing Transcript purporting to the last Will And testament of Arthur Jones deceased, is a true Copy of the Original As from the records in my office remaining doth appear. Given under my hand and Seal of office this 17 ^~ day of December 1836.

Test Michael Dickson Clerk

Injunction } Know all men by these presents that we William S Hoskins Bond, } John Hogun, And William B. Hogun, Are held And firmly bound unto John W Jones, Isaac Winston, And Jacob Haigh, Exectors of the last will and testament of Arthur Jones deceased, in the penal Sum of five thousand dollars to be aid to the Said John W Jones, Isaac Winston & Jacob Haigh their Certain attorny, Executors, Administrators or assign to which payment will and truly to be made we bind ourselves our heirs Executors And Administrators, jointly And Severally firmly by these presents, witness