Jones County NcArchives Court.....Rhem, Kincey V. 1841 ************************************************ 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, 5:56 pm Source: N C Archives Written: 1841 #3034 – KINCEY vs RHEM – 1841 NC Supreme Court Case found at the NC Archives, Raleigh, NC – abstracted by Martha Mewborn Marble Jones County - Sept 1838 – Joseph Kincey and wife Susan by their attorney James W. Bryan vs William B. Rhem exec of William Rhem dec – John Davis was Sheriff of Lenoir Co who sent to William B. Rhem on 1 Sept 1838 a request for petition William Rhem was possessed of a large estate and had a will on 1 May 1830 and had several children including Susan who md Joseph Kincey – said Susan was to receive what had already been given to her plus $1.00 – upon the death of William, William B took into his possession all the goods more than enough to pay the debts – during his lifetime the said William upon the marriage of his daughter Susan gave her a Negro girl Alice or Elco and he often repeated she was to belong to sd Susan - said Negro gave birth to a daughter Fan and shortly thereafter died – just before William died he needed a small Negro girl in his house and said Susan loaned him the use of her but he acknowledge that the girl belonged to Susan but he never gave any deed for her and in his will he only stated she was to have what he had already given to her – he made similar gifts to his other children – if Susan does not obtain the Negro girl she would have nothing from her father’s estate – the exec, William B. Rhem took Fan into his possession as a part of the estate – they have petitioned for her return without success Deposition by Mary Perry – daughter of William – it was the custom of her father to give a Negro upon the marriage of a child and Alice was given to Susan – Alice then had a daughter Fanny but she did not go to live with Susan and her mother but stayed at the father’s house but I don’t know why – Susan was the only daughter who did not receive any stock – her brother was given a Negro who also had a child and that child went to live with Joseph as his property – she said that Susan was given a bed and furniture when she married and she also stated there was a falling out between her father and Mr. Kincey regarding the Negro girl Alsy – Father wanted Susan and her children to have Alsy not Mr. Kincey – the daughter Fanny remained at Father’s house until his death – she stated that Mr. Kincey refused to go and get Alcy from her father before her death Depositions at the house of Elijah Perry in Jones Co on 31 Sept 1839 Elijah Perry – had known the family of William Rhem for 23 years and in 1815 he married one of the daughters and Mr. Rhem gave my wife a Negro that he had always called hers as was his custom – Alcey was Susan’s and she had a daughter Fan but the child stayed with Mr. Rhem – he stated that Susan was not given any stock but the rest of the daughters were – said Mr. Rhem and Mr. Kinsey had a quarrel and the Negro Alcey went back to M r. Rhem’s to live until she died Deposition of Hardy Perry and Hannah Perry who was the daughter of William Rhem - Hannah said her father said he would not give Kincey any of his property but would give it to Susan Elijah Perry and Martin Brock stated Rhem was intoxicated when the quarrel happened with Kincey – Brock also stated that one son received 9 Negroes and the other one 1 Negroe Melcher Rhem – someone (not clear whom) stated Melcher’s deposition should be questioned as it was irregular and he was jealous and he thought he had a stake in Fan Abner Green and George Wilcox said some deposition was of a weak man under the influence of his brother (this is not clear but other information indicated Melcher was not mentally stable) State of Alabama, Sumter Co – Deposition of Joseph Rhem – stated his father gave all his sisters Negros before their marriage and he gave Susan, Alice and her daughter Fanny – soon after this Alice ran away and was killed in the woods – 23 Aug 1831 Deposition of Emery Metts – had known Bryant Turner a long time and he was not of good character – Deposition of Nathan Westbrook – said he knew Bryant Turner as he married his sister and he is of good character Joseph Kinsey had a school house in Jones Co John Heath said he had known Bryant Turner for many years and was of good character John (x) Turner also stated the same thing Abner Green and George Wilcox stated William B. Rhem sold the girl Fanny and her child to Richard Reynolds for $800 – Fanny has since had 2 more children and may be expecting again – Fanny is about 20 years old and her first child is a daughter about 4 years, the other two are sons one about 2 and the other 3 and they should be worth $1000 to $1200 – stated that Melcher was of a weak mind and was influenced by his brother in the transaction of his business – Wilcox stated that William Rhem was in the habit of consulting with Hardy Perry on his business and William B. also consulted Hardy Hardy Perry – had known the dec since 1818 when he married one of the daughters – he stated the dec’s daughter Mary claimed the Negro Rhonda, Hannah claimed Nancy and Susan claimed Alsey – since Alsey had a child the rest of William’s daughters claimed that Susan had more than they did – Alsey ran away and was killed and Rhem wanted the daughter back John Miller – said that Rhem and Hardy Perry discussed how to get Fan back Mrs. Hannah Perry – Alsey belonged to Susan Deposition of Bryant Turner in Lenoir Co – was employed by Joseph Kinsey and he discussed the girl Alsey and said he did not have a title for her – heard Kinsey speak in abusive terms about Mr. Rhem Sumter Co, Ala – to take the deposition of Frederick B. Loftin in Aug 1840 – he married a daughter of William Rhem – said Rhem gave him a Deed of Gift for 2 Negroes – said Rhem said that Kinsey had treated him so mean he did not intend to give him anything other than what was in the will – said Rhem intended to give all the rest of his property to his two sons Elizabeth the wife of Frederick and daughter of Rhem deposed – Neither Alsey or Fan were ever called Susan’s after the falling out between Kinsey and my father – he had given her a bed and furniture Several other deposition in Jones Co that I can’t read Benjamin Huggins – a dispute between Rhem and Kinsey regarding a Negro – Rhem complaining about the poor treated of said Negro woman – Kinsey said he had enough Negroes of his own and did not need Rhem’s William Brown stated that Bryan Turner was a member of the Baptist church and his character was excellent – had heard that Turner had killed a deer?? that belonged to George King but he knows nothing of it James Tippet – lived with Rhem 10 years before his death and never heard Rhem say he had give the Negro to his daughter Susan and he said he would not give Kinsey any of his property Sumter Co, Ala – Melcher Rhem – said his father had not given Susan anything except the bed and furniture – said his father intended to cut Kinsey out of his will – said Fanny was born at his father’s house and he never intended to give her to Kinsey – Fanny was grown when his father died – 7 Aug 1841 Melcher was in Jones Co on 20 Feb 1841 when he turned over his rights to Fanny to his brother William B. A copy of the will annexed William B. Rhem – said Susan and Joseph md ca 1823 – his father had given Alsey to Susan but not her daughter because of the quarrel – Alsey was mistreated – Fanny was to go to the two brothers Francis Gooding and William Rhodes stated Bryant Turner was not of good character James Tippet deposition said that he never heard Mr. Rhem say he had given Fan to his daughter Susan – he heard Rhem say he would never given Kincey any of his property File at: http://files.usgwarchives.net/nc/jones/court/rhem1320wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 8.3 Kb