Schley County GaArchives Court.....Wyche, Robert H. October 8, 1864 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Harris Hill http://www.genrecords.net/emailregistry/vols/00011.html#0002514 September 5, 2006, 11:33 am Source: Orig. Document, Schley Co. Courthouse Written: October 8, 1864 This document is difficult to read as words are missing. Indeed, the entire document has tearing and rot on the right edge of each page. Sometimes when “(torn)” appears there is a word missing, sometimes several, and occasionally none. Even so, it contains a glimpse of what life must have been like during and shortly before the Civil War. This is a suit over the settlement of the estate of Robert H. Wyche, by the heirs and focuses on the extreme value of slaves before the end of the Civil War. The surname Tomlinson changes to Tomlin as the document progresses and census supports the Tomlin surname. I feel Tomlinson is an error. GEORGIA SCHLEY COUNTY To the Honorable Edmund H. Worrill, Judge of the Superior Court of the Chattahoochee Circuit, h(torn) exercising jurisdiction in Equity. Humbly complaining shows unto your Honor t(torn) Orator & Oratrixes John J. Tomlinson & his wife Ma(torn) formerly Wyche, a daughter of Jeremiah Wyche. So (torn) a daughter of said Jeremiah Wyche, John S. Wyche (torn) also daughter & son of said Jeremiah Wyche, the two (torn) under the age of 21 years of age, who sue by the legal (torn) step father Lewis A. Folsom & who brings h(torn) of guardianship, said Tomlinson & wife and being of the (torn) & the said Louisa E., John S. & Cornelia V. Wyche being (torn) of soundness as well, also infants orator & oratrixes guardian Folsom, that heretofore to wit on the 13th day of Sept. 185(torn). Mary I(or J) Tomlinson the grandmother of Orator & Oratrixes – (then?) in life & possessed as of her own right & prosperity wh (torn) then & at the time of her death in the county of Schley in(torn) of the property hereinafter named or the ancestors of the said (torn) She the said Mary I(?) Tomlin(?) did then & there for & my consid(torn) of the love and affection which she bore to her grandchildren R(obert?) H. Wyche, Virginia P. Wyche, Louisa E. Wyche, Cornelia ? Wyche, John S. Wyche, children of Jeremiah Wyche and f??sh (torn) –iration as is therein cited did grant having (torn) the Robert H. Wyche for himself & inst for (torn) ., Louisa E., Cornelia V. & John . Wyche the follo(wing) (torn) for (torn) to wit: East half of lot of land No. 50 in the 3rd Dist. originally Muscogee, now Schley county, also lot of land No. 4? (torn) lot (torn) in said district, containing five hundred & five acres more or less. Also the following named slaves to wit: Charles, a man, also Asia, a woman, Ned, a man, Isaac, a man, Milly, a woman (torn) Monroe, a man, Cato, a man, Washington, a man, Robin a (torn) –erson, a man, Hannah, a woman, Maria, a woman, S(torn) woman, May Ann, a woman, Rachel, a woman, K(torn) woman, Ellen, a woman, John, a boy, Troup, man(torn) a man, Richard, a man, Susy, a woman, S(torn), Henry, a boy, Victoria, a girl, Reubin, ???? (torn) Peter, a boy, Francis, a girl, Bina, a girl, (torn) stock of horse, mules, hogs, sheep, cattle, cor(torn) –tation tools, household & kitchen furniture, that (torn) be on the plantation of the said Mary & retains for (torn) use, benefit & enjoyment of said for?????, slaves & (torn) during her natural life & at her death the same to be (torn) & managed by said Trustee as to him might seem (torn) for the benefit of his said sisters & brothers, which said (torn) –ned a ?aranty, a copy of which taken from (torn) county is hereto annexed ?????? & which (torn) pray may be taken of this will (?), the usual (torn) –evience, the original of which is in the possession, power (torn) control of Lula, alias Louise Wyche, the defendant, & (torn) complainants pray, she may be compelled to produce (torn) of this cause, and your complainants say, that the said (torn) Wyche the person named in said deed was one of the (torn) men, immediately after the execution of said deed (torn) –ship of said property, when complainants charge (torn) Trustee at all in & by said deed, his Trustee ship o(torn) from the death of Mrs. Mary D(?) Tomlin, & that t(torn) –ment off into the army & carried off with him one (torn) –uable negroes named in said deed that the said (torn) his formerly on the premises, lived & supported (torn) of the property specified in said deed, from the death (torn) to the his death which was on the (blank) day of (blank) 186(blank) a(torn) left a widow & one child, him surviving who still lived (torn) plantation & property conveyed in said deed until the (torn) said Mary J. Tomlin, which took place on the (blank) day of (torn). The said Mary J. surviving the said Robert H. Wyche (torn) and your complainants further show, that after the makin(torn) deed, the said Mary J., to wit, on or about the 3rd of an(torn) made & executed to the said Robert H. Wyche (torn) and your complainants as they are informed (torn) believe, a deed of her life estate, which she retained in (torn) first (torn) deed to wit the plantation of lands & stock, the slaves (torn) Isaac, Ned, Milly, Wash, Dave, Troup, Craff(torn) a man, Mun or Monroe, a man, Robin, Lucy, negro(torn) Rachael, Keziah, Ellen, Francis, Viney, Marrietta to one that on the same day & year last aforesaid, the said value complainants are informed & believe the said Mary aggrega(torn) made a deed to said Robert H. Wyche & ??????? & fifty (torn) –eration at all, to the following named negroes (torn) interest to same , & other property there named (torn) Jefferson, a man, Cato, a man, John, a man, Han(torn) woman, Mary Ann, a woman, Louisa, a girl, H(torn) Victoria, a girl, Ruben, a boy, and James, a boy. Complainants are informed & believe, allowed, let & p (torn) the said Robert H. Wyche to take immediate possession (torn) last named negroes who have now increased (torn) and your complainants charge that both of the (torn) Tomlin dated 3rd August 1861 are null & void. (torn) same were obtained by her errant son. (torn) if said later deeds attempt or pretend to co(torn) than a mere life estate in the said Robert H. Wyche (torn) donor Mary J. Tomlin having by her deed of the 13th (torn) 1858 parted with all dominion or power of a fee simple (torn) and had but a life estate & could only convey that. Third. Because on the 3rd of August 1861 Mary J. To(torn) sufficient mental capacity to convey her property by gift or deed & that the same is null & void (torn) declared null & void, cancelled & set aside. And co(torn) then show, that since the making of the deed o(torn) 1858, several negroes have died, how many (torn) –ly know, that the said Mary Tomlin surviving (torn) H. & that immediately upon the death of the said (torn) his widow, Lula E. Wyche of said county, adminis(torn) & took immediate possession of the whole amount of(torn) and its increase named in all three of the deeds & cla(torn) –conversely under the two latter deeds, bearing date 3rd August (torn). And your complainants further show that on or about (torn) of October 1864, Lewis A. Folsom, guardian of John S. (torn) Cornelia V. Wyche & attorney in fact for John J. Tomlin(torn) wife Mary Virginia and Louisa E. Wyche applied to (torn) Wyche as Administratrix of said Robert H. Wyche for (torn) division of all the property specified in the deed of (torn) when the said Lula E. Wyche refused and claimed (torn) eleven negroes as belonging to the estate of the said (torn) Wyche and would not give up any of the property (torn) to a division, unless the eleven negroes, one of w(torn) boy she had sold for three thousand eight hundred (torn) only eleven or twelve years old, were left with her (torn) possession subject to litigation & then & there the parties (torn) appraisement of all the negroes, & those left with the said (torn) E. Wyche subject to litigation, were Mary Ann & her child Said 1. appraised at- 3,0(torn) 2. Jim, a boy-2,0(torn) 3. Charity, a girl (torn) 4. Victoria, a girl (torn) 5. Louisa, a girl (torn) 6. Ruben, a boy (torn) 7. Jefferson, a man (torn) 8. Cato, a man (torn) 9. Hannah, a woman (torn) 10. Henry, a boy (torn) Which eleven negroes were appraised above by app(torn) –ed by the parties in the aggregate sum of Twenty Nine (torn) eight hundred dollars & complainants further show that (torn) & consent of all parties, & appraisers selected by agreement. The other negroes that the said Lula E. Wyche was willi(torn) – plainants might take possession of under said deed (torn) 15th 1858, were likewise appraised and are named (torn) and the appraised value is as follows: Namely 1. Washington, a man—3,500 2. Monroe, a man—5,000 3. Ruben, a man—4,000 4. Richard, a man—4,000 5. Crawford, a man—5,000 6. Troup, a man—2,500 7. Dave, a man—3,000 8. Rachel, & child, a woman—3,250 9. Ellen & Georgia, woman & child—3,500 10. Maria & Nat—3,500 11. Lucy (torn) 12. Ella—2,200 13. Masi—2,200 14. Monroe, a boy—2,200 15. Thomas, a boy—2,200 16. Peter, a boy—2,200 17. Emma, a girl (torn) 18. Crockett, a boy (torn) 19. Manetta, a girl (torn) Making twenty two negroes of the aggregate (torn) Six Thousand Six Hundred & Fifty dollars as (torn) negroes the said Lula E. Wyche allowed complainants (torn) off, making a difference of Twelve thousand, five (torn) & ten dollars in their respective shares, namely the (torn) Lula E. Wyche retained in negro property twelve (torn) five hundred & ten dollars in the eleven negroes (torn) –tained, including the one she sold for thirty eight (torn) dollars, more than the share of the said Robert H. (torn) or his legal representatives, and orators & oratrixes (torn) show, that the said Lula E., kept & would not (torn) kind of division of the property until they agreed (torn) keep the eleven negroes she claimed valued at twenty nine thousand eight hundred (torn) & oratrixes who are entitled to four fifths of the (torn) the said Lula E. Wyche as Adm’x as aforesaid (torn) only, only received twenty two negroes of any (torn) they were valued by the appraisers aforesaid in the sum of fifty six thousand, six hundred (& fifty) (torn) and further that there were in addition to the tw(torn) negroes of value, which complainants received, five (torn) infirm & decriped & worthless negroes, named and appraised by said appraisers as follows: Asia, a woman Se(torn) years old, Charles, a man Seventy-five years old, N(torn) seventy five years, Isaac, a man decriped Sixty years (torn) Milly, a woman sixty eight years old, infirm (torn) which five negroes, last mentioned, said (torn) to be an expense of seven hundred & fifty (torn) for life, making thirty five hundred dollars (torn) complainants are charged, they having taken (torn) said aged & infirm negroes & one fifth part of (torn) keep & maintainances of the said aged & infirm (torn) Lula E. Wyche as Adm’x, ought in Equity & conse(torn) –tribute one fifth to the support & maintainance of the aged & infirm negroes, being seven hundred & (torn) for her contribution part to this maintainance in addition to the (torn) of the negroes kept by her making the sum of $13260 thirteen thousand (torn) dollars of the negro property its value which the said Lula E. Wyche retained in her possession more than her one fifth part &(torn) indebted in Equity & conscience, pray to receive of her in addition (torn) which will hereafter (unreadable) and you complainants pray (torn) division aforesaid & which deed on the 18th Oct. 1864 (torn) in perseverance of it (unreadable) 20 October 1864, made & ex(torn) L. A. Folsom guardian & agent for aforesaid her bond (torn) & Thomas F. Rainey of said county, her securities (torn) fifty nine thousand & six hundred dollars, conditioned that (torn) Lula E. Wyche as Adm’x of Robert H. Wyche deceased has in her possession (torn) same as belonging to estate of her deceased husband, the following named (torn) to wit: Mary Ann & child, Vini(?), Charity, Victoria, Louisa, Reuben, (torn) & Mary this day 18th October 1864, valued by J(?) H. Stevens, W.L. Battle (torn) to be worth in Confederate money, the sum of twenty nine thousand eight hundred dollars, & whereas the said L.A. Folsom, guardian for the minor children of (torn) Wyche, dec’d & agent for the heirs at law of Mary V. Tomlin, dec’d claims that (torn) the described negroes are not the sole property of the said Lula E. Wyche, Adm’x on (torn) dec’d but the property of the estate of the said M.V. Tomlin, dec’d. Now, the said Dr. L.A. Folsom, as guardian & agent aforesaid, establishes his said claim (torn) county having Equity (torn) finally (torn) Lula E. Wyche as Adm’x as aforesaid fails to deliver up said des(torn) to the said Folsom as guardian & agent as aforesaid in accordance with any (torn) which may be rendered against her on account of said slaves then the said (torn) was to or in full force, otherwise null & void, a copy of which bond having (torn) same which the appraisement of the negroes she kept attached thereto is hereby (torn) marked “B” & which orators & oratrixes pray may be taken up as part of this (torn) usual leave of reference. And orators & oratrixes further show that after the death of the said Mary V. Tomlin, Lula E. Wyche continued to live upon the property & estate which the said Mary (torn) utilized & possessed, up to the division of it as aforesaid, that she used & killed (torn) and what corn, potatoes, poultry & everything else on the plantation as the (torn) are now gone. Tea & dining parties & committed waste to a large (torn) to the balance of fifteen hundred or two thousand dollars, or other large (torn) of ascertaining except by a report of her conscience. And now complainants will hope(?) the said Lula E. Wyche as adm’x as aforesaid (torn) consented to a fair, honest division of the property, real, personal, mixed (torn) at the death of the said Mary V. Tomlin, & have accounted & with complainants (torn) one fifth part of the whole or four fifths of the aggregate whole or what as she (torn) in Equity and conscience bound to do, but now as it is, my (unreadable) & would only consent to let the complainants take the negroes as above stated & (torn) the five old and worthless ones that are an expense in the sum of seven hundred (torn) to maintain for life. She pretending that the deed of the 13th September 1858, (torn) complainants claim is a will & that the deeds of 3rd August 1861 made by (torn) Tomlin to said Robert H. Wyche, her deceased husband and (torn) as administrtrix of Robert H. Wyche to (torn) kept, retained & refused to put in the division, the contrary whereas (torn) charge to be true. And complainant further shows that because the said (torn) as administratrix as aforesaid is entitled to one fifth of all the property of (torn) at the death of thsaid Mary J. Tomlin and as she has refused to (torn) whole of it & would not put into the division the eleven negroes she kept back (torn) which so far exceeded her allot(?) or share of the whole property (torn) they to sue in a court of common law, they have reason, good reason to (torn) would meet them by Bill in equity, setting forth her claim & just claims (torn) of the whole aggregate negro property and whereas your complainants (torn) must (unreadable) of suit, to the end therefore that the aggregate value of the (torn) property left by the said Mary J. Tomlin at her death on the place where (torn) time of her death, (unreadable) committed thereon anything (torn) time & by the said Lula E. Wyche his Adm’x (torn) had either by the appraisement as aforesaid or as usethe trial of this Bill, the answer thereto & the proofs on the said trial (torn) Lula E. Wyche as Adm’x as aforesaid may be deemed by this Honorable (torn) to account & pay over to your complainants the sum of twelve thousand (torn) & fifty dollars as the amount that has been received over one fifth of (torn) –sed to keep the five old & infirm negroes thereby being her part of the (torn) & fifty dollars also that she account to the complainants & pay over to them (torn) of the stock of hogs, sheep, goats, corn & fodder & all kinds of (unreadable)since the death of Robert H. Wyche & by him during his lifetime which complainants agreed to be of the value of fifteen hundred dollars, which (torn) items, make the sum of fourteen thousand eight hundred (torn) which the said Lula E. Wyche (torn) to pay complainants and which complainants pray she may be (torn) and further that the said Lula E. Wyche as such Adm’x may upon (torn) to the best of her information, knowledge & belief answer each & all (torn) charge & allegation herein made, set forth & contained. And more (torn) may answer & set forth 1st whether the said Mary J. Tomlin lived (torn) complainants did not of the 15 day of September 1858, make & execute together (torn) the said Robert H. Wyche the deed hereunto exhibited by copy marked A. 2nd And whether the original of that copy deed is not in her possession, proves (torn) and who has it in possession. Whether she is not claiming the eleven negroes (torn) of the division under two deeds made by said Mary J. Tomlin of a subsequent writ, 3rd August 1861. Whether she did not agree & consent to complainants (torn) – tment of eleven negroes among whom the infirm, old, worthless ones (torn) the said appraisement did not refer to (torn) negroes. Whether she did not agree to the appraisement of a (torn) to herself the right to keep back the said eleven subject to litigation (torn) not sign, seal & execute the kind of a copy which is hereto exhibited (torn) & whether the valuation placed upon property of negroes is or not fa(torn) Whether it is not worth $750.00 a head to keep the old negroes for their (torn) that complainants may have no other or further relief as the nature (torn) require. And may it please your Honor, the promises considered ?? grant (torn) rents under a certain pain(?) therein to be limited, the writ of Subpeonea (torn) said Lula E. Wyche as adm’x of Robert H. Wyche requiring her to be and appear (torn) of Equity in said county on the 4th Monday of April next, then & there to answer make (torn) the statements & allegations in the Bill unto the best of her knowledge, information & belief, & then & there to (torn) whether judgements, orders or decrees in the promise (or premise) (torn) ever pray. James J. Sc(torn) So(licitor?) Exhibit “A” GEORGIA SCHLEY COUNTY This indenture, made & entered into this fifteenth (torn) year of our Lord Eighteen hundred & fifty-eight between (torn) county & stae aforesaid of the one part & Robert H. Wyche of the same place (torn) Witnesseth that for & in consideration of the love & affection which the said (torn) & bears to her grandchildren, the said Robert H., Virginia P., Louisa E., Cornelia (torn) children of JeremiahWyche & for the further consideration of ten dollars (torn) the said Robert H. to the said Mary J., the said Mary J. has this day granted (torn) conveyed unto the said Robert H. to himself & in trust for Virginia P. (torn) Cornelia V.& John S. Wyche the following property to wit: the east half of lot (torn) fifty in the third district formerly Muscogee now Schley county also lot of (torn) number fifty-one in the said district containing five hundred five more (torn) following named slaves to wit: Charles, a man; Ashey, a woman; Ned (torn) Milly, a woman; Dave, a man; Cato, a man; Washington, a man; Monroe, a man; Rubin (torn) man; Hannah, a woman; Maria, a woman; Sarah, a woman; Mary Ann, a woman (torn) a woman; Ellen, a woman; John, a boy; Troup, a man; Crawford, a man; Ki(torn) woman; Louisa, a girl; Henry, a boy; Victoria, a girl; Reuben, a boy; Marietta, a girl (torn) Frances, a girl; Bina, a girl ; together with the stock of horses, mules, hogs, sheep (torn) fodder, plantation tools, household & kitchen furniture, that now is or may be on the plantation of the said Mary J. to have & to hold the said described premises & leave in trust (torn) to said himself & his assigns forever in fee simple & the said Mary J. retains for herself (torn) use, benefit & enjoyment of said premises, slaves & c, for & during her natural life (torn) death the same to be controlled & managed by said trustee as to him may seem right (torn) the benfit of his said sisters & brothers. And the said Mary J. Tomlin for herself (torn) & administrators will ????. warrant & defend the title to the said described (torn) & c, unto the said Robert H. Wyche, his heirs, executors & assigns for the purposes (torn) the claim of herself & against the claim of all other persons whatsoever (torn) time before signing. Signed, sealed & delivered in our presence: Warren L. Battle John R. Battle, Senr. William Hickey, J.P. Recorded September 16, 1858 by Hiram L. French (torn) Exhibit “B” STATE OF GEORGIA SCHLEY COUNTY Know all men by these presents that I, Lula E. Wyche of said county (torn) held & firmly bound unto Dr. L.A. Folsom, guardian of the minor children of Jeremiah Wyche, dec’d, late of said county & state & agent for the heirs at law of Mary J. Tomlin (torn) late of said county in the full sum of fifty-nine thousand, six hundred dollars for the (torn) –ment of which I bind myself, my heirs, executors, administrators jointly & severally (torn) these presents. Sealed with my seal & dated this 20th day of October in the year One (torn) hundred & sixty four. The condition of the above obligation is such that the (torn) Lula E. Wyche as Adm’x of Robert H. Wyche, dec’d, late of this county, has (torn) same as belonging to the Estate of a dec’d husband, the following named slaves (torn) Jim, Charity, Victoria, Louisa, Reuben, Jeff, Cato, Hannah & Henry this day balued by (torn) J.T.(?) Lumpkin to be worth in Confederate money the sum of twenty nine thousand six hundred (torn) & whereas the said Dr. L.A. Folsom as guardian for the minor children of Jeremiah Wyche, dec’d (torn) for the heirs at law of Mary J. Tomlin, dec’d, claims the said described negroes (torn) sole property of said Lula E. Wyche, Adm’x of Robt. H. Wyche, dec’d, but the property (torn) of Mary J. Tomlin, dec’d. Now should the said Dr. L.A. Folsom as guardian & agent aforesaid (torn) –lish his said claim in Court of Law or Equity upon final judgement entered (torn) said Lula E. Wyche as Adm’x as aforesaid & the said Lula E. Wyche as Adm’x as (torn) to deliver said described negroes to the said mention Dr. L.A. Folsom as agent as aforesaid in accordance with any judgement which may (torn & unreadable). Signed in presence of Thos. F. Rainey (unreadable) Recorded this 21st day of October 1864 in Book “U”(or A), page 384 Wm. A. Black, Dpty Clerk Appraisement of negroes claimed by Mrs. Lula E. Wyche Adm’x of Robert H. Wyche, dec’d & which originally belonged to Mary J. Tomlin, dec’d Oct. 18th 1864 by (torn) W.L. Battle & J.T. Lumpkin to wit 1. Mary Ann & child—3,500 2. Jim, a boy—2,000 3. Charity, a girl (all other valuations torn) 4. Victoria, a girl 5. Louisa, a girl 6. Reuben, a boy 7. Jeff, a man 8. Cato, a man 9. Hannah, a woman 10. Henry, a boy We hereby certify that the above appraisement of the negroes belonging to or claimed by Mrs. (torn) Adm’x of Robert H. Wyche, dec’d as produced to us by said (torn) as originally belonging to Mary J. Tomlin. This Oct. 8th 1864. J.H. Stevens J.T. Lumpkin (torn) Notes: 1850 Lowndes Co., Ga census taken 3rd Oct 1850 506/506 Elizabeth B. Wyche 33 F GA Robert H. 13 M GA Polly V. 11 F GA Louisa E. 9 F GA Cornelia 3 F GA John S. 1/12 M GA Robert Henry Wyche married Mrs. Lula E. Bivins 25 Jan 1859 in Schley Co. according to “Schley County, Georgia Marriage Records” by Max L. Tatum. Some online references suggest that Lula’s maiden name may have been Tyson. 1860 Schley Co., Ga census taken 26th July 1860, p. 53. 355/355 Mary Tomlin 89 F domestic 2800 19,989 GA Jeremiah Wiche 53 M farming ---- 2360 GA Polly V.S. Wiche 21 F domestic GA Louisa E. Wiche 18 F domestic GA 356/356 Robert T(H). Wiche 23 M farming 2200 6350 GA Louisa (Lula) Wiche 21 F domestic GA Mary L. Wiche 6/12 F GA In looking at the neighbors in 1860, I feel certain the Wyche family was living in what is today known as the Concord community. Robert H. Wyche is shown as the owner of some 30 slaves in the 1860 US Federal Census of Schley county-Slave schedules. Robert Henry Wyche enlisted as a Jr. 2nd Lieutenant on May 11, 1861 in Co. G, 5th Ga. Inf., “The Schley Guards.” He resigned April 30, 1862 and died June 6th 1862, probably of disease contracted in the army at Pensacola. He most probably died in Schley County. He was born September 28, 1836. File at: http://files.usgwarchives.net/ga/schley/court/wyche486gwl.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 25.3 Kb