Craven County, NC - Deposition of John Green in the case of "Dennis John Daly vs. Heirs and Administrators of John Daly" (10 April, 1811) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Contributor's Note: Captain John Daly, R. S., of Craven County, was the son of Dennis Daly, who moved to Craven County from the West Indian island of Montserrat in the early eighteenth century. Captain Daly died August 17, 1796, at his plantation, "Rocky Run," near Fort Barnwell. He left an estate of thirty-six slaves and more than 3,500 acres of land. By his two wives, Elizabeth Green and Mary Ann Granby, he had five children, including an only son, Dennis John Daly (1787-1840's), who later settled in Lenoir County. In the absence of a valid will, the division of his large estate was contested by his many heirs; the dispute ultimately required several years to settle in the Craven County courts. The following is an interesting deposition in the case of "Dennis John Daly vs. Heirs and Administrators of John Daly." It was given by John Green, who was present at Captain Daly's bed a few hours before he died. ----------------------------------------------------------------------- Pursuance of the annexed Commission pursuant to. . .(illegible) the Court of Pleas and Quarter Sessions from the County of Craven and State of North Carolina directed to me John Frank Smith Esq. to take the deposition of John Green Sr. in the suit pending in said court wherein Dennis J. Daly plaintiff against administrators and heirs of John Daly, deceased. .. . (illegible) being Wednesday the tenth of April 1811, caused the said John Green to come before me at the house of Lucas Jacob Benners Esq. in the Town of New Bern and having sworn him to testify the truth the whole truth and nothing but the truth relative to the matter of controversy in said suit, the said John Green deposeth and saith: That on the day preceding Mr. John Daly's death, the deponant went to see him, and found him so exhausted by sickness that he could hardly speak. That the said John Daly when he said anything talked as if he believed that the Brittish were near, and in Search of him, and often retracted the corner of the Bed, as to get out of the way. That about two o'clock in the afternoon Doctor Halling proposed to Mr. Daly to make a will, and being answered yes proceeded to draw one, asking the said John Daly after a paragraph was written whether he approved of it and never receiving any answer but yes --- and Doctor Halling went on makeing without ever asking or receiving any Information respecting what he was to write. That the said John Daly in the meantime spoke as if under apprehension of injury, from the Brittish, and as if they were near -- That on being asked some Questions about the appropriation of a piece of Land, answered let the jury settle the matter, or words to its effect, and whenever he spoke any thing but yes spoke irrationally and wished to sign the will soon after it was begun. That while the Doctor was writing the will Mr. John Daly frequently fell into a dose and the Doctor had to rouse him to read what he had written, and afterward proceeded to write of it without inquiring what to write, and being requested by Mr. John Sears not to Suggest a will to Mr. Daly, but wait Till he would declare his intention. The Doctor knew sd. Sears was in a passion, and seemed much vexed - - That when Candles were Lighted the said Daly took fright at the shadow of persons that were in the House, and said they were the Brittish and came after him and attempted to rise out of bed to get out of the way. but had not Strength enough to do so. That the deponant left the said John Daly in that Situation about nine o'clock at night, and is informed and believed said Daly died in the morning at 4 o'clock. That the deponant veribly believes and says upon his oath that according to his best knowledge and belief, the said Daly was not in his senses and had not use of his reason, when the will was made, nor at any time when this deponant was there on the day preceding his Death. And this deponant Further saith that the sd. John Daly Frequently in his lifetime has told me that he Intended to give the plantation whereon he then Lived to his son, Dennis John Daly. And further saith not. The deponant being asked by John Sears whether the will of which he has been deposing is that whereunto his name is subscribed as a witness answereth that it is the same. Witness sworn before me this 10th April, 1811 Jn. F. Smith John Green ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Francis R. Hodges ___________________________________________________________________