Jones County NcArchives Court.....Bryan, Koonce V. 1835 ************************************************ 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: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 February 26, 2010, 5:55 pm Source: N C Archives Written: 1835 #2285 – KOONCE VS BRYAN 1835 – Jones County NC Supreme Court Case found at the NC Archives, Raleigh, NC by Jo Huettl and abstracted by Martha Mewborn Marble NOTE: Tobias Koonce, Jr. married first - Zeruiah Perry daughter of John Parry who was the mother of his children – and 2nd Holland, surname not known at this time. State of NC, County of Jones, In Equity On the Wed. after the first Monday of March 1832, Tobias Koonce, John Pollock and Mary his wife, Benjamin Huggins and Matilda his wife brought their Bill of Complaint against Hardy Bryan, Bryan Jones and Nancy his wife and Eliza M. Wright, an infant under the age of 21, by her guardian, the sd Bryan Jones. Sometime in the month of Sept. or Oct. in the year 1817 the sd Koonce and his then wife, Holland in consequence of an understanding which had taken place between them previous to their intermarriage applied to the sd def, Hardy Bryan, to have a settlement made of certain slaves, viz Violet, Norris, Betty and Sukey which the sd Koonce had agreement by his intermarriage with sd Holland – agreement was for the stated slaves and not any increase which any of them might have during the life of the sd Koonce – sd slaves for the use of sd Koonce during his natural life and if Holland should survive Koonce they should be for her absolute use and disposal – if Holland should not survive Koonce then after his death the slaves should be delivered over to such person or persons the sd Holland might appoint – sd Bryan was told that any increase of the slaves during the life of sd Koonce should belong wholly to him – shortly after sd Bryan presented sd Koonce with an instrument that both thought stated the agreement and the agreement was executed – an exact copy is attached – sometime in 1822 the sd Holland by an instrument of writing purporting to be made in consideration of natural love and affection did undertake to give and make over unto her niece Nancy Gunter the Negroes Norris and Betty named in the settlement and also a Negro named John reserving unto herself and her husband, the sd Koonce, the use of the slaves during their natural lives – on the same day another instrument was made over to another niece of hers, Eliza Wright the Negroes Violet and Sukey also named in the original agreement and also reserving them for the natural lives of sd Holland and her husband – some years after this the sd Holland died leaving her husband the sd Koonce – on 10 Jan 1830 the sd Koonce conveyed unto your orator Mary the wife of sd John Pollock his interest in the Negro Sukey and her two children Chelcey and Charles and on the same day conveyed to your oratrix Matilda the wife of Benjamin Huggins his interest in the Negro Betty and her two children, Henry and Isaac – the sd Mary and Matilda were the daughters of the sd Koonce who retained the Negro Violet mentioned in the settlement and the Negro John mentioned in the instrument executed by sd Holland to sd Nancy Gunter who has since intermarried with the sd Bryan Jones of Craven Co. – the sd Eliza Wright is an infant under the age of 21 and the sd Bryan Jones is her guardian – your orator, Koonce, stated several controversies have arisen and will arise regarding the settlement – sd Jones and sd Wright contend the settlement is silent regarding any issue of the sd slaves – they say any children should belong to the person the mother was given to by the sd Holland after the death of the sd Koonce – since the instruments were executed the sd Sukey has had Chelcey, Charles and Rachel and the sd Betty has had Henry, Isaac and Mary – the sd Koonce said the children belonged to him as was intended by the settlement – Koonce stated that after the original settlement was executed the sd Bryan retained the original in his possession – sd Hardy stated in the first draft of the original agreement it stated the slaves and their increase but sd Bryan told the draftsman to correct this before it was executed - Bryan says he wants to do what is right but needs the direction of the court – the Negro John was the issue of Violet but was not born until March 1817 and the sd gift should be declared invalid in respect to the sd John – Koonce feels a mistake was made and the distribution of the slaves should be made in accordance to the original agreement and the defs should convey the sd John to sd Koonce INDENTURE - ____ day of ____ 1817 – Tobias Koonce of the first part and Hardy Bryan of the 2nd part – love and affection and 5 shillings to his present wife Holland and in connection that the property hereinafter described was acquired by the intermarriage of the sd Tobias with the sd Holland and was intended previous to the intermarriage to be part of the marriage settlement – if the sd Holland should survive the sd Tobias she is to elect to accept of the provisions herein and hereby made for her in lieu of Dower or claim for distribution in the estate real and personal of the sd Tobias other than such as the sd Tobias may think proper to make for her in addition of his last Will – sold to the sd Bryan the following slaves to wit Violet and her increase to wit Norris, Betty and Suke only – and their increase present or future – this marked through on the copy – sd Bryan to be trustee for the use of the sd Tobias for his lifetime and after his death for the lifetime of the sd Holland in case she should survive him – in case Holland should die first then upon the death of sd Tobias the slaves to go to whomever sd Holland chose as if she was unmarried – if Holland to have children the slaves would be for the sole use of sd children without being subject to the death of her husband – if Holland to survive she would have no claim for Dower or distribution in the estate of sd Tobias WIT: Wealthy Bryan, Mary Lipsey Registered Book O. N. 15 p 250, James Reynolds, ROD Answer of Hardy Bryan – admits he was appointed by the sd Tobias and his wife Holland to have drafted a settlement and his knowledge of the matter is as he recollects now – the sd Holland prior to her marriage owned 4 negroes mentioned in the Bill of complaint – Violet, Norris, Betty and Sukey – she told me prior to the marriage the sd Tobias was willing to settle those Negroes on her and to her separate use to do as she pleases – the sd Tobias told me the same thing – the marriage took place and maybe a year or two later this def went to New Bern and on the way met with the sd Tobias who stated he had never made the settlement on his wife and now while in New Bern would be a good time to do it – sd Bryan recalls he was “not to have the deed so drawn as to include the increase which were born after the settlement” as he could not raise young negroes for anyone but himself – sd Bryan while in New Bern had a member of the bar draw up the deed but he did not stay with him while it was actually being drawn up but stopped by later to pick it up and when it was read to him he stated it did not conform to the instructions which was to exclude the increase of the Negroes so he requested it be altered to conform and this was done with the drawing through the line – sd Bryan went home and soon sd Tobias and Holland went to his home and the deed was executed – it was left with Bryan but some time later sd Tobias took it to be registered – sd Bryan knows nothing of the conveyance from Holland to her niece Nancy Gunter and Eliza Wright – as to the boy John, Tobias called on sd Bryan to write his will and in the presence of sd Holland he did so and at the request of Holland the sd Tobias did bequeath to her the Negro John in sd will and she said nothing as to any other claim – he states the Negroes are now in the possession of sd Nancy and Eliza – the names of the issue of the Negroes are correct and he is aware sd Nancy and Eliza claim the issue which came as a surprise to him – he went to New Bern to look at the registered deed and discovered it did not exclude the issue as he had instructed and he does not think the deed is what he thought it was – he contacted counsel and was advised to let the court handle the matter 12 April 1832 Answer of Bryan Jones and Nancy his wife Sd Jones said he had no knowledge of the original settlement not knowing the parties at that time – he intermarried with the sd Nancy on ___ day of ___ 182_ Nancy stated she was only 11 years old at the marriage of sd Tobias and Holland and had no knowledge of the settlement – but from repeated declarations of sd Holland in conversations with her friends, she does not believe the agreement was to be confined to the Negroes Violet, Norris, Bettey or Sukey or to exclude any issue – she heard her aunt Holland frequently say all of the Negroes were to be hers and her other niece, Eliza Wright and she also stated her aunt said the Negro boy, John who was a favorite of hers, should also be given to sd Nancy at the time of the death of Tobias – she knows nothing of Mr. Bryans connection or of errors – she also stated that at the time of settlement the Negro Violet was about 40 years and Betty and Sukey were small children of tender ages and their increase did not come up for discussion – the only surviving witness to the document said no such restrictions was intended – they feel they should enjoy the benefits intended for sd Nancy Answer of Eliza Wright By her guardian Bryan Jones – sd Eliza was born subsequent to the marriage and has no knowledge of these matters DEPOSITIONS to be taken from John Fonville, Thos. H. Daves, Richd. G. Fonville, Thom. I. Pastuer Richd. G. Fonville Esq – has been a neighbor to Silas S. Stevenson for close to seventy ? years and has never heard him swear falsely and would give full credit to his oath New Bern 12 Sept. 1835 WIT: Hardy Whitford, Joseph S. Fowler Thomas I. Pastuer Esq – also never heard of sd Stevenson sworn falsely New Bern 12 Sept. 1835 WIT: Hardy Whitford, Joseph S. Fowler John Fonville – has known Silas for close to 40 years and never heard of his character being questioned New Bern, 11 Sept. 1835 WIT: Hardy Whitford, Joseph S. Fowler Thomas H. Davey – has known sd Silas for 31 years – same comments DEPOSITIONS TO BE TAKEN FROM JOHN M. BRYAN, JOHN HARRIS, JOHN T. LANE John M. Bryan – stated the general character of Silas S. Stevenson is bad and he is not to be relied on and he is not to be believed unless there is support from other testimony John Harris – testified to the same John T. Lane – testified to the same but said if Stevenson was an uninterested party he could be believed All deposed in New Bern 11 Aug. 1835 DEPOSITIONS TO BE TAKEN FROM MARGERY AMYETT AND SILAS STEVENSON – 3 Jan. 1833 in New Bern Margery Amyett – stated she lived for several months with Mr. and Mrs. Tobias Koonce just before the death of Mrs. Koonce and she heard her say all the property she possessed before her marriage she had given to two orphan children, her nieces, after her and her husbands death. Signed by mark Silas Stevenson – stated five or six years ago he was attending Superior Court in Trenton and he was invited to go to Mr. Tobias Koonce’s house and stay the night – during the course of conversation Mrs. Koonce, in front of her husband asked me if I had ever seen a young lady, her niece, by the name of Nancy Gunter – I said no and she said if I would stay until after breakfast she would send for her and she did – Mrs. Koonce stated her niece would inherit her property, young Negroes, at her and her husband’s death and I asked her how sd Nancy would get them and she said there was a marriage contract and she had given Nancy the Negroes by a deed of gift after the natural lives of Mr. and Mrs. Koonce INDENTURES Jones Co – 2 Feb. 1822 - I Holland Koonce wife of Tobias for natural love and affection for my neace Nancy Gunter make over to her the following Negroes – Norris, Betty and John – after the lifetime of myself and my husband Signed by mark WIT: Chr. Bryan Jones Co – 3 Fe. 1822 – I Holland Koonce wife of Tobias for natural love and affection for my neace Eliza Wright make over to her the following Negroes – Violet and Sukey – after the lifetime of myself and my husband Signed by mark WIT: Chr. Bryan Jones Co – 10 Jan. 1830 – Tobias Koonce to Matilda Huggins – love and affection and $1.00 – grant to her Negro slaves Betty and two children Henry and Isaac WIT: H. Bryan Jones Co – 10 Jan. 1830 – Tobias Koonce to Mary Pollock – love and affection and $1.00 – grant to her Negro slaves Sucky and her 2 children Chelcy and Charles WIT: Hardy Bryan The Court appears to have found for the defendants Bryan and Nancy Jones, and Eliza Wright. File at: http://files.usgwarchives.net/nc/jones/court/bryan1319wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 13.3 Kb