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[The following text is upside down relative to the top.] himself, and as trustee for Sarah W. Washington to the bill of Complaint of William S Hoskins. Complainant against this Respondent as above And against Wylie B Jones, Isaac Winston, who married Catherine B Jones, his wife, George W Carroll who married Lucy his wife, Jacob Haigh, who married Mathilda another daughter of Arthur Jones decd. and Nancy Jones Widow of Arthur Jones decd, and Said J Haigh as trustee for Sarah W Washington daughter of Said Arthur Jones &c Respondents &c, This Respondent now and at all times Saving And reserving to himself As Respondents as above all and all manner of benefits of exception to the error of the making of parties to the above named bill, and the mistatements, errors And wants of equity in the bill, for Answer to the Said bill is Such parts thereof as he is advised and believes it is important And required that he Should Answer unto, Answers And Says, that is is true he is one of the Children and heirs & Legatees as charged in the bill of Complaint, and trustee of and for Sarah W Washington, Another heir and Legatee of Said Arthur Jones decd., That Said Arthur departed this life possessed or Property to the Amount And as named in the bill, that in the negroes by the names given to them, and as Set forth, all of which he insists belonged to his Father at the time of his death, that a will in Substance as alledged was left by Said Arthur, And in the Same Jacob Haigh And this Respondent were named as Executors, And took on themselves the execution thereof, after having Caused the Said will to be duly proven & Admitted to record, and that they are the Sole acting Executors, Your Respondents Admit that he And the other executor Jacob Haigh took possession of the negroes Sarah, Swift, Martha Jackson, Harriett And Silvey, As they did of all the rest of Arthur Jones personal estate, So far as they were able to find and get hold of it, and did advertise it for Sale as Such Executors, according to law, as they verily believe they ought to have done He admits the Will as Charged, that is he Supposes the Copy to be Correct, not having Compared it &c, Your Respondent is not
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able to Say, whether his Father was advised of the Conveyance of the negroes mentioned by Complainants Mother to Complainant on the eve of her marriage with Respondents Father or at Any other time, but asks for proof. Nor Can he admit that he even had any Knowledge that Such Conveyance was made or would be made but on the Contrary is Satisfied his Father Knew nothing of it, and if he had have Know it, would have Spurned with indignation a proposition So grovelling and illiberal and would at once have declined any Marriage or further intercourse with a Lady who Could Act So Completely with An eye Single to lucre, & lucre only, Your Respondent is the more Conformed in this belief from the fact that he is advised and verily believes Such to be the facts, that [Coher?] said Marriage Was Contemplated, a few years ago, between his father And Complainants Mother, Something was Said in the way of a proposition, from Said Nancy, that She would like So to do, with her property, And promptly your Respondents father replied if Any thing of that Kind was to be done he would decline the Marriage Altogether, And then the matter As your Respondent has understood and Verily believes was Appearantly abandoned, as to the Conveying the property to Complainant, and therefor Arrangements for the Marriage, And the Marriage in fact were made, And between Said Nancy (then Hoskins) And Said Arthur Jones, And your Respondent insists that so far as he Knows believes or has any reason in the least to believe the fact of Said Nancy's Conveying a way Said Negroes or any of them to her Son as Stated was in deed never Known by Said Arthur before nor after his Marriage or at any time whatever, and he insists on Strict roof Such position, And by no means admits it, or any part of it, And your Respondent is Strengthened in the belief of the Correctness and truth of his position and information from this fact, that Some twelve or eighteen months before
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[Following text is upside down relative to the top of the page.] the death of his Father, his Father remarked to him privately that he Arthur Jones, And Said Nancy Jones his ife had Come Very near a great breach between them for the reason that She had been endeavoring to get him to agree to a Conveyance of the Very Negroes now in dispute to Said Hoskins, (Complainant) he Hoskins, to take possession of them at the death of Said Nancy his mother, And that he your Respondents father had refused So to Do, unless She Said Nancy would relinquish her right to Any of his Arthur Jones property in favour of Said Arthurs Children in the event She outlived him, Arthur, And that he Arthur was willing to make An agreement with his wife that Said William S Hoskins Should have all the negroes And property that his mother had owned before marriage, at her death, if She Said Nancy would agree & Stipulate that the Children of Said Arthur Should have all Said Arthurs property that did not Come by her, at his Arthurs death, And that to Such An equitable agreement Said Nancy refused to assent, these facts were Stated to your Respondent by his father during the time his father And Said Nancy lived together, Now Respondent So far as he is informed And believes is satisfied in his [merid?] that the pretended Conveyance of Said Negroes by Said Nancy (on the eve of her marriage) to her Son William S Hoskins, And by him a life estate back to her Conveyed, was all done without the Slightest Knowledge thereof on the part of Arthur Jones his Father, And was in direct violation of good faith, and in fraud of Said Arthurs Marital rights And he would here beg leave to Call the attention of your Honor to the fact that the pretended agreements Conveying and reConveying Said Negroes between Said Nancy And her Son William S Hoskins, Were only witnessed by one witness to wit One John Hogeen the brother of Said Nancy And Uncle of Said William, And although the Articles of Such pretended Conveyance from Said Nancy were never
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23. proven or recorded, And bears date on the 20~ of November 1828, And the Articles for the life estate were pretended to be recorded until the 2d of March 1829, and he would appeal to the Knowledge and information of all the friends and intimate associates of Said Arthur Jones to establish whether or not he ever admitted a Knowledge of Such. Your Respondent would also her remark to Show the improbability that Said Nancy or Said William S. would have let Said Arthur Know of Such Conveyance to Said William, and back from here again a life estate to his mother, that Said Arthurs estate and property was far greater than that of Said Nancy at their Marriage, And that by the rules of law and descent in Strict accordance with which Said Arthur disposed by will of his personal estate, So far as Said Nancy was Concerned, Said Nancy takes a far greater estate by three or four fold than She brought to Said Arthur at her marriage or at any other time, and in any event of this Suit She [quits far neither?] than She was at her Said Marriage, And the marriage took place when neither Could necessarily have expected An increase of heirs by Children between them Respondent denies all fraud and Combination &c Your Respondent having fully answered, And not admit= =ting any thing which is not expressly Set down was admitted prays to be hence dismissed with his Costs in this behalf expended &c W. Cooper Sol for Complt,
Affidavit } The State of Alabama } This day Came John W Jones who is to me to answer of } Franklin County Viz } well Known and makes oath that the Jno W Jones. } matters Contained in the foregoing Answer to the bill of William S Hoskins is true So far as alledged of his own Knowledge, and that the matter alledged of the advice or information by him received of others & of his belief he Verily believes to be true as charged &c. Sworn to and Subcribed by the Respondent before me a Justice of the peace in & of Said County this 14 January 1837 } John W Jones. My hand & Seal } Colin Bishop [Seal] J.P.
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[Following text is upside down relative to the top of the page.]
24 } The State of Alabama } For the Circuit Court Clerks office 14~ Interrogatories } Franklin County Viz } January 1837 S W Probarco Esqr. Solicitor to Sml Jones } For Complainant William S Hoskins, in the Circuit Court of Said County in Chancery, vs John W Jones, George W Carroll, Nancy Jones, Wylie B Jones, Jacob Haigh and Isaac Winston, And other Respondents, In the above Cause the following questions will be put to Samuel Jones, to get his deposition to be read in evidence in the Trial of Said Cause on part of Respondents, Please file your Cross Interrogatories, To wit, 1 Question, State Sir, if you were And Are acquainted with the paries above, And Said Arthur Jones deceased &c?~ 2d Where were Said Arthur, And Said Nancy Jones, formerly Nancy Hoskins, married, and at or about what day and time? 3.d Did you reside in the neighborhood at that time, And Are you a relative of Said Arthur Jones decd? 4~ Look on the Copies of agreement between Nancy Hoskins And her Son William S Hoskins, now before you dated 20 Nov 1828 whereby they appear to admit that Said William held a deed of gift from his mother for Sarah and her two children Swift & Martha, And that Said Nancy was about to marry Arthur Jones, and Said William gives his mother Nancy a life estate in Said Negroes And their increaseAlso look on the Copy of An instrument purporting to be a deed of gift of Same date and year for said Negroes from Nancy to Said William S, State whether Said Arthur had Any Knowledge of the Same, Anterior to his marriage with Said Nancy, So far as you Know? 5th Please tell whether Arthur Jones before Said Marriage had Any Knowledge of a desire on the part of his Said intended wife to make Any Such Conveyance, or other if Any, And what Conveyance, of her Said property, or others of her effects, And if he did, did Agree or disagree to the Same, And what did he Say touching it, Was Such intention on Said Nancy's part So to Convey represented to Said Arthur as being by her