Jones' Executors v. Hoskins

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25. Abandoned before the Marriage, And if So by whom, was it So represented, tell all you Know touching these matters inquired into? 6th Did you ever hear Say Said Nancy And her husband Speak of Said property or other_ her property, if they did when, And what was that Conversation, or Conversatiions, tell all fully? 7.th Did you ever hear Arthur Jones Speak of Said property as his own, or any thing touching it, or the former desire of Said Nancy to Convey it, was Such Conversation in presence of Said Nancy, Said William S, or John Hogan, if So which of them And what did Said Arthur Say did they or either of them hear it, were they So they must have heard it, And what did they or any of them Say. tell all about it? 8th If there is anything else you Know which would lead to Show that the above alluded to Conveyance of property from Said Nancy, to Said Arthur William S. was Secret from Said Arthur, And in fraud of his marital rights with Said Nancy, tell it fully. 9th Tell All things you Know of importance to the Respondents, touching the matters in issue in this Cause?

Cross Intg.s to } Wm S Hoskins } Cross Interrogatories to be propounded Saml Jones } Vs } In Chancery } to Samuel Jones, filed by Respondents Jno W Jones, George W Carroll } in order to take his deposition to be Nancy Jones, and others } read in the above Syted Cause_ To 4~ direct Interrogatory, if to this Interrogatory you State Arthur Jones deceased had not Anterior to his marriage with Nancy Hoskins Any Knowledge of the execution of the deeds refered to in Said Interrogatory, State unequivocally, how and from whom And in what manner you acquired this negative information? If however you State that he had Knowledge of their execution, State whether you did not acquire the Knowledge you have of this transaction from him?

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[Following text is upside down relative to the top.] To 5~ direct interrogatory, to So much of Said 5~ Interrogatory As relates to what Said Arthur Jones Said in relation to his disagreement to the desire of Said Nancy to Convey to Complainant Said property Complt objects, And here records his objection, As to the aban= =denment on the part of Said Nancy of her intention to Convey her property before her marriage, As mentioned in 5~ Interrogatory if you have Any Knowledge of it, State from whom you obtained this Knowledge, whether from the Said Nancy or others, And State whether you had not a Conversation with Said Nancy about the Same time, in which you advised her against making Said Conveyance, if So, what Said Nancy Said, in reference to it, To 6~ interrogator, if you State you had v heard Any Conversation or Conversations between Said Nancy and her husband in reference to Said property, State whether it was before or after their marriage, And before or after the date of the deed of Conveyance? To 7~ Interrogatory to So much of Said Interrogatory As required to Know what Arthur Jones Said or may have Said, after his marriage in reference to a desire on the part of Said Nancy to Convey Said property as [ape?], Complt objects, And here records his objection, To 8~ Interrogatory Complainant objects as being illegal and leading, To 9~ Interrogatory, tell all you Know and of importance to Complainant touching the matters in issue in this Cause, January 20~ 1837 } Wm S. Hoskins by G. W. Probared. So.l

Agreement } In the Circuit Court of Franklin County. In Chancery~ Solicitors, } William S Hoskins (Vs) John W Jones. Jacob Haigh etal, him of Co.l A. Jones deceased In this Case it is hereby agreed that the depositon of Maj Samuel Jones, and of Mrs. Ann Jones And John Hogan Shall And may be taken by either party deserious of do So without Any other formality than that of giving to the adverse party

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or his or their attorney at least five daysprevious notice of the time and place of taking the Same, And at the Same time Serving him or them or either of their attorneys with a Copy of the Interrogatories intended to be propounded, And that the Answers to the principal And Cross Interrogatories So taken Shall be read upon the hearing of the Cause, Subject to All legal exceptions, } SW Probares Sol for Complt Cooper Jarver & Walker Sols for defts,

Deposition } The deposition of Samuel Jones taken by Consent to be read Saml Jones } upon the trial of a Cause now pending in the Circuit Court of Franklin County in the State of Alabama, on the Chancery Side thereof, wherein William S Hoskins is Complaianant, And John W Jones Jacob Haigh and others Are defendants, Said Samuel Jones being duly Sworn, made the following Answer to the principal and Cross Interrogatories hereinafter propounded, 1st State Six, if you were and are acquainted with the parties above, And Said Arthur Jones decd v, Answer, "I Am," Answer 2d question, "they were married in Tuscumbia, Franklin County from 7 to 9 years ago, Answer to 3d question, "I resided in the neighborhood at the time, in the town of Tuscumbi, And Am a brother of Arthur Jones", Answer to 4~ question, "I do not believe that he had Any Knowledge of Any Such paper," Answer to 5th question "My brother Arthur Jones, Came to my house before his marriage with Mrs. Hoskins, And mentioned to me that he Could not live in his then present Situation, that he was too lonesome, and wanted a Companion, I then warned to him or her to me, I dont Know which, Mrs Hoskins, he asked me how I thought She could Suit him, I told him I thought her a first rate manager, of her age, And that She would Suit him very well, if She would Marry him, but that I had understood that She would

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[The following text is upside down relative to the top of the page.]

28 } not marry again, He then requested me to Call And See her, upon the Subject, As I was well acquainted with her, I did So, And mentioned my business, And thought from her Conversation that She was disposed to accept the offer And So informed Said Arthur, He then went to See her himself, And on his return informed me that She had neither Consented to marry him, nor had She refused, but that She Seemed to Keep back Something which She wanted to Say, and then requested me to go again And See her, I did So, and ascertained from her that She wanted to Settle her negroes upon her Son Said William S Hoskins, I told her that I Knew my brother too well to believe that he would Consent, to Any Such thing, and advised her to Say nothing about it, She then Said She would Say no more upon the Subject, I informed my brother Arthur of her wishes to which he positively objected unless She would relinquish all her right to his estate, they were married shortly after, Answer to 6. 7. 8. & 9. "I know nothing about the matters aksed in Sixth, Seventh, eigth, and nineth question,"

Cross } Answer to Cross Interrogatories, To 4 direct interrogatory "My reasons are examination } fully State in my Answer to the 5~ direct interrogatory, as to my Saml Jones } Knowledge of Said Nancys intentions to Abandon the Conveyance of Said property before her marriage, I have Stated the means how And when in my Answer to the 5~ direct interrogatory, And that my Answer to the 5~ direct interrogatory that interrogatory Contains all I know about the matter, before or after the Marriage, Saml Jones. Certificate to Saml Jones } The State of Alabama } I Colin Bishop An acting Justice of the [Po.?] } Frankling County Towit } peace in and for the Said County of Franklin do hereby Certify that Samuel Jones Came this day personally before me and gave the foregoing Answer to the Interrogatories and

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Cross Interrogatories, herein inclosed, Given under my hand And Seal this 27~ day of January 1837. Colin Bishop [Seal] Justice of the Peace, Opened by order of Court 18 April 1837 W Lucas Clerk pr Hugh Dickson Jr.

Answer of } The State of Alabama } Circuit Court, To the Honorable the Judge of Isaac Winston } Franklin County } The 4~ Judicial Circuit of Said State in Chancery Sitting for Franklin County, Isaac Winston Responding to the bill of Complaint filed in this Court against himself, Nancy Jones Jacob Haigh, John W Jones, Wylie B Jones, and George W Carroll And Said John W Jones And Jacob Haigh As trustees for Sarah W Washington All heirs And Legatees of Arthur Jones, their Father decd. This Respondent Saving and reserving all and all benefit of exceptions which may or Can be had to the bill of Complaint for want of equity, the making of improper parties, mistakes And errors &c, Answering insists that he ought not to have been made a party. Respondent to this bill, because he Says he takes whatever he may take at all as a legatee by the will of Arthur Jones And that Said Arthur left a will And testament as mentioned And that this Respondent has never taken out letters testa= =mentary or Probate on Said Will, nor does he act as executor thereof, and that Jacob Haigh and John W Jones Are the Sole Acting Executors on Said Will, And the Sole representatives as Such of the personal estate of Said Arthur Jones. Wherefore he insistts, that the Bill in this behalf Should be dismissed as to this respondent, and that he have all the advantage as though he had expressly plead the fact here in Abatement, so otherwise &c, And by way and for further Answer in this behalf, as it may be right &c, Respondent admits he is An heir at Law or legatee of Said Arthur Jones dec.d And that his wife is one of the daughters of Said Arthur Jones. He Admits the will as alledged the marriage of Said Arthur and Nancy Jones or Ann Jones

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