Anson County NcArchives Wills.....Dunlap, George December 13, 1867 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Gwen Hammond gwnhammond@aol.com February 27, 2017, 5:41 pm Source: Nc Estate Files At Family Search Written: December 13, 1867 North Carolina Estate Files, Anson County, George Dunlap 1860, pages 89-93 of 94 [Transcription made with all notation, spelling, punctuation and capitalization as best determined from original] State of North Carolina Anson County In Equity, Fall Term 1867 The Answer of Christopher C. Watkins administrator, with the Will annexed, of George Dunlap, dec, to the Bill of Complaint of Joseph F. Dunlap against him as said administrator. The Defendant for answer to so much of said Bill of Complaint as he is advised it is material for him to make answer to, answering says that having no knowledge or information on the subject of the alleged co-partnership between his Testator and the Complainant he does not admit the existence of the said co partnerships or the terms thereof as set forth in the Bill; and therefore holds the Complainant to stand proof of the allegations in his Bill in relation to the existence of said partnerships their continuances and the terms thereof. This Defendant further answering states that he is informed, and believes, that the Complainant, and has some knowledge of the fact himself, that the Complainant commenced superintending the business of his Testator as far back as the year 1837. and continued to do so with interruptions of a year or two and sometimes as much as three or four years, now and then, for a period of some nineteen or twenty years, but upon which terms this Defendant does not know. He admits that his Testator made good crops of cotton and grain the years 1853, 1854, 1855, and 1856 but does not know what portion if any of said crops belongs to the Complainant by agreement with his Testator. He admits that his Testator, George Dunlap, was somewhat in debt during the time of the alleged co partnership, but not to a greater amount than he was amply able to discharge. This Defendant does not believe and therefore does not admit that the Complainant paid off and discharged large sums of the individual indebtedness of his Testator nor that he paid to J. A. Leak two thousand two hundred dollars and gave to the Testator twelve hundred dollars to be paid the said Leak on an individual debt out of the proceeds of cotton belonging jointly to the Complainant and to his Defendant's Testator, nor that one half of these advancements belonged to the Complainant. This Defendant does not believe and therefore does not admit that the Complainant paid off and discharged many other claims due by his Testator, out of his private funds, nor that any greater portion of the profits of the farming operations of the Complainant and his Testator than what properly belonged to his Testator, was applied to the payment of his individual liabilities. This Defendant believes that if a correct account could be taken of all moneys received and expended by the Complainant, on account of his Testator, that the Complainant would be largely in his debt. This Defendant says that when the Complainant commenced supervising the business of his Testator, he had nothing but a few negroes, some four or five working hands, which his Testator, who was the father of the Complainant had given him, that during his connection with his Testator, in the business of farming, notwithstanding he had a large and expensive family, he was enabled to buy a good many negroes and a plantation and establish a tanery, and all of which must have cost him some six or seven thousand dollars. He says that his Testator on the other hand had a valuable negro force consisting, as he is informed and believes, of twenty or more slaves-- that his land cultivation by him was as productive as any in the County of Anson--that he always made good crops -- the proceeds of nearly all of which, as he is informed and believes, went into the hands of the Complainant -- that he had a very small family consisting of himself and his wife -- that they had but few wants -- that he was economical and she was industrious and frugal -- that during all this time of connection with the Complainant in farming, he never bought any property, besides a horse or mule now and then, except the tract of land which he purchased from James A. Leak, in the year 1856, for the sum of six thousand dollars, thirty six hundred of which was paid as he believes with his money in his lifetime, leaving about thirty five hundred still due. The Defendant further answering states that he is informed and believes that the profits of his Testator's plantation during the time of his connection with the Complainant as alleged in his Bill, was amply sufficient to have paid off all his liabilities besides supporting his family, if the same had been properly appropriated and accounted for by the Complainant. He further answers, says that he is informed and believes it to be the fact that during the said time of the aforesaid connections there came into the hands of his Testator, from other sources that his plantation, the sums of seven thousand three hundred and seventy five dollars, which independant of the profits of his plantation, would have been amply sufficient to have paid off all his liabilities. This Defendant further answering, says that he has no knowledge or information regard to the fact whether there was a settlement between the Complainant and his Testator and he therefore does not admit the fact as stated in the Bill, that there never was a settlement between them. This Defendant says that the his Testator died in June 1859 and that he sent out letters of administration on his estate, with his will annexed at the January term 1860 of the County Court of Anson, of which the Complainant was at the time was apprised, and yet that never, to the best of his recollection, mentioned to him the fact of his having any claim upon his Testator's estate, on account of their alleged co partnership, until the year 1864, when his Testator's wife and the Complainant's mother was very ill and at the point of death. He states that he is informed and believes that about this time, the Complainant went to the house of his mother, took her keys and notwithstanding her earnest remonstration opened the bureau, where she kept valuable papers that belonged to her late husband George Dunlap and that he took, and carried off, cotton bills and other papers, but of what character and whether they would show a settlement, this Defendant is not informed. This Defendant further answering says that he knows that the Complainant _____ another _________settlement of him of the alleged partnership dealings between him and his Testator and this Defendant insists no decree of this Honorable Court should be finding in behalf of the Complainant in this cause because he says, that his time is barred by he Statute of Limitations and, not barred, it is presumed to be abandoned by his long silence, and this Defendant prays that he may have the same advantage of the lapse of time, as if the same were specially pleaded. And this Defendent having answered all the allegations of the said Bill that he is advised it is material for him to make answer to, prays to be hence dismissed with his reasonable costs in this behalf most unjustly expended. Ashe Sol for Defendant Personally appeared before me Christopher Watkins and makes his oath that the matter and things set forth in the foregoing answer, of his own knowledge, are true, and those set forth as not of his own knowledge he believes to be true. Sworn to and subscribed before me this the 13th day of December AD 1867 J. R. Hargrave C. L. M. E. File at: http://files.usgwarchives.net/nc/anson/wills/dunlap988nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 8.2 Kb