Gates County, NC - Gatlin vs Darden, 1832 ~~~~~~~~~~~~~~~~~~ 2447 GATLIN VS DARDEN Gates County – in Equity Court Fall Term 1832 NOTE: Name Gatlin spelled both Gatling and Gatlin Bill of complaint of Reddick Gatling adm of James Gatling dec – one Joseph Speight made a Will in 1792 in Gates County and appointed his two sons, Henry and Francis Speight, his execs The following clauses of Joseph Speight’s Will were in the case 1st – land unto beloved wife Ann during her natural life – ½ of plantation where I now live with ½ of the improvements, 5 negroes to wit – Toney, Harry, Stephen, Rose and – next one not readable – also 3 horses, one cart and wheels and gear, 2 beds and furniture and ½ of the cattle, hogs, and sheep. 2nd clause – gives personal and real estate to son Francis 3rd clause – son Henry to receive real and personal estate 4th clause – grandson Joseph Freeman to receive 12 shillings in full of his share of the estate 5th clause – grandson John Freeman to receive 12 shillings in full of his share of the estate 6th clause – grandson David Freeman to receive 12 shillings in full of his share of the estate 7th clause – granddaughter Ann Freeman to receive one negro named Luke as her share of the estate 8th clause – grandson Joseph Speight Darden to receive personal property consisting of valuable slaves 9th clause – granddaughter Susan Dunn to receive several slaves and personal property as her part of the estate. 10th clause – to grandson Joseph Speight Darden – 12 shillings 11th clause – to wife Ann, his riding chair and horses 12th and last clause – remainder of estate to be sold and 9 months credit given for the purchase – to pay debts and funeral charges – if anything left the remainder to be divided between 2 sons, Francis and Henry The last clause is the only residuary clause – Francis and Henry Speight both died intestate in the lifetime of Ann Speight, the widow – Ann died in 1818 having in her possession the whole of the property given to her in the first clause and the slaves have greatly increased – James Gatling took out Administration on Ann Speight in 1818 – James Gatling was your orator’s father (would be Redding’s father) – James Gatling also took our Administration on Henry Speight and took into his possession all that had been given Ann Speight in the Will – Gatling wished to settle the estate and took advice of counsel (Henry W. Long, esq) – counsel said the grandchildren – Joseph, John, David and Ann Freeman had received their full share and were not entitled to more – counsel advised the rest of the estate was to go to the next of kin except the Freemans – your orator shows that leaving out the Freemans, then Henry Speight, Francis Speight, Catherine who intermarried with ___ Dunn and Susan who intermarried with ___ Darden were the next of kin – Susan Darden and her husband died before Ann Speight leaving an only child, Joseph Speight Darden and he also died before 1819 leaving children Alfred, William and Elizabeth J.?? Darden who were infants in 1819 – Jethro Warren was their guardian The division of the estate of Ann Speight’s share – ¼ to Henry Speight’s distributors, ¼ to Francis Speight’s distributors, ¼ to Catherine Dunn’s distributors and ¼ to Alfred, William and Elizabeth Darden the distributors of Susan Darden Made a mistakenly pay over to Jethro Warren, guardian to Alfred, William and Elizabeth Darden – to wit – Stephen with value of $500 and Elijah worth $350 (indicates slaves) in Sept 1821 -–also paid to Jethro Warren $111.07 in cash as their part of the property – your orator made a mistake making this payment – Warren put the money to interest and rented out the slaves for $150 a year – Warren died and William A. Darden became guardian to the children and received from the Warren estate the negros Stephen and Elijah and the cash plus interest – the slaves were worth $1500 and $100 interest. James Gatlin died in 1823 and your orator took out letters of Administration in Gates Co in 1823 - one John Speight took out letters of Administration in 1825 on Henry Speight’s estate and filed a Bill of complaint against your orator – said Speight wanted the slaves of Henry delivered to him – the case went to the Supreme Court who found in favor of John Speight in the sum of $1500 which has been paid William A. Darden and Alfred, William and Elizabeth Darden all reside in Greene Co – the three children have slaves, interest and lands now in possession of William A. Darden ANSWER Answer of Alfred, William and Joseph Ann Elizabeth Darden by their guardian, William A. Darden to the complaint of Reddick Gatling, Adm of James Gatlin – they were not aware of any mistake – William A. Darden states he is the guardian of the children of Joseph Speight Darden who was the son of William and Susan Darden who was the daughter of Joseph Speight - he received the estate for the children from the estate of Jethro Warren, dec – the negro Stephen has never been in Greene Count but in Gates County in the possession of James Gatlin, dec – Elijah was hired out for clothes and victials and was a small boy of 8 and he died April 1820 and Darden denies he was worth $350 – Darden also understands that Jethro Warren, the former guardian demanded Stephen from the Gatlins about 1823 and they refused – Darden thought the slaves were from Ann Speight’s estate not Joseph Speight’s estate – William Darden states that Joseph Speight Darden and William and Susan Darden were living at the death of Joseph Speight and had a right to the property given to Ann Speight for her life. He stated Catherine Dunn also has the right to the estate. This went to the Gates Co Court in 1819 – Isaac Pipkin, William M. Harvey, Hillory Willey and Lewis Eure made a division of the negroes of the estate of Joseph Speight viz Priss, Jim and Rose to keep for life went to Francis Speight’s heirs Nathan and Lim went to Henry Speight’s heirs Stephen and Elijah went to Susannah Darden’s heirs Harvey, Mike and Mary went to Catherine Dunn’s heirs An account of the hire of the Negro man Stephen by R. Gatlin, agent of Susan Darden’s heirs was provided for the years 1824 – 1832 (not abstracted) DEPOSITIONS Etheldred Warren – 1 April 1833 at Gatesville – said he hired the negro Stephen from the Gatlins in 1820 or 21 and Stephen had a wife and did not want to go to Greene County John Speight – stated that Ann Speight was his grandmother and he was the Adm of Henry Speight and he was present at Ann Speight’s estate sale This also went to Greene County Court 14 Sept 1833 for Depositions Theophilus Dail – of lawful age – he took the negro Elijah for victals and clothes in 1820 There was a copy of the Will attached to the case which I did not copy as it is readily available. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________