Lenoir County, NC - Fordham vs Miller, 1823 ~~~~~~~~~~~~~~~~~~~~~~~~~~ FORDHAM vs MILLER – NC Supreme Court Case #1906 – Lenoir County – Original found at the NC Archives, Raleigh, NC – original spellings retained. NOTE: Most Supreme Court Cases are disjointed and often many documents are not clear. I have tried to arrange this case in as readable form as possible. 3rd Monday after 4th Mon of March 1823 – John Fordham vs Phillip Miller – Daniel Miller was the def and he was the Exr of Phillip Miller, dec Show why the depositions of Rich. Reynolds, Philpenah Kincey, Silas Perry and Isaac Brown should not be suppressed without prejudice. The Bill was brought by the surviving husband who has taken out letters of Administration on his dec wife for the negro who he says belonged to her. Judge said the Bill should be dropped. Answer of Phillip Miller – 13 April 1819 - Nancy was 32 and unmarried and asked for provision for herself and if she should marry and not have children the possessions would return to her family. Phillip Miller made the paper writing in 1812 – to give her Essex and Jude during her life. William Miller kept the writing to be taken to Court only if Phillip died without a Will. Nancy and the negroes went to live with William until she married. She never had anything but a life estate in them. Not sure what happened to the deed but it was never taken to Court. She did plan on giving Essex to her nephew, John Koontz, if she had no children. Phillip Miller, the father, did not approve of the marriage. Nancy asked to take Essex home and William said OK and to take Jude also. Her husband said no without a clear title. Fordham had children by another wife. Phillip originally purchased Essex in Norfolk, Va in Jan 1810 of Mathew Hubbard and John Leslie. He was one of nine that Phillip paid $1480 for. The increase of Jude are Dorcas, George, Mary, Dennis and Miles Answer of John Fordham – states that 12 years ago, Phillip gave Nancy Jude and Essex. They were in her possession all this time. He married Nancy 16 Feb 1817. After the marriage, Phillip took Jude and her children to his house. Nancy died 13 Sept 1817 and Fordham received letters of Administration in Jones Co. He asked for Jude and her increase and he refused (not sure who refused). Also said Philip purchased Essex with Nancy's money. Claims the negroes belong to Nancy and now to him as her widower. DEPOSITIONS 1. Elizabeth Cauley – 31 March 1821 – heard Nancy Miller say she had no negroes and her father had the right to take the negroes where he pleased. On Thurs before Mr. Fordham and Nancy Miller were married, Nancy said she had no right to the Negroes but Mr. Fordham said the Negroes were Nancy's but it was Nancy he wanted. signed her name 2. Sarah Davis – 31 March 1821 – she was well acquainted with Phippena Kinsey and had lived with the old lady – she was a midwife and loved the bottle. signed with a mark 3. William Isler – 31 March 1821 – he was acquainted with Richard Reynolds who was a free Mason – Reynolds was intolerant and with drink – he did not believe in Christ 4. Benjamin Harrison – 31 March 1821 – Richard Reynolds does not poffess any religion – Reynolds was a wicked man and a aethist – Harrison states he was acquainted with Melicia Stanly a wit in this case – known her for 25 years and she is religious and of good character 5. William Miller – 31 March 1821 – heard a conversation between Nancy Miller (now Fordham) and Phillip Miller – Phillip offered to give her a deed of gift for negroes Essex and Jude and her children and she said she did not want them but offered to take them for her life and then to her children if she had any or return them to her family – her father agreed to this and there was an instrument of writing. Frederick Gooding and I witnessed the writing – date was about 1812 or 1813 – she gave me the writing to keep for her – about 1818 she asked for the writing and I gave it to her and she gave it to her father, Phillip Miller. Phillip lost the writing and Nancy never claimed the negroes. Nancy lived with me and I pd the taxes for the negroes and they were under my control. William further states relative to the character of William Dean who had gone to Georgia – I visited him in March 1820 and he was steady drunk and would swear to anything. 6. WILLIAM DEAN, WILEY MILLER and BENJAMIN FORDHAM – State of Georgia – 8 June 1820 – (Wilkerson County) Dean states he lived with Isaac Brown and Nancy lived with her brother, William. He first met Nancy in 1783. Don't know if she had a right to the negroes but they were called hers – woman Jude and Essex was a boy Fordham – never heard Nancy say the negroes were lent to her. Said Dean was drunk when he gave his Dep Miller – did hear Nancy say the negroes only hers for her life and then to her children or back to her family 7. Evan Griffin – aged 66 – nothing new 8. Francis Gooding – aged 31 – nothing new 9. Daniel Miller – 31 years – nothing new 10. Adonijah Perry of Jones Co – when Phillip Miller and his daughter were visiting she said the reason she went to live with her brother was because her stock was getting too big to keep separate 11. Sollamon Carey of Lenoir Co – 10 Oct 1821 – said Benjamin Davis was a wit and was not truthful and drank too much 12. Mary Gooding, Elizabeth Griffin, Winifred Gooding, Betsy Cauley, Michael Pickle, John Averton, Francis Nunn, Benjamin Harrison, William Isler, Milicia Stanley, William Miller – 30 March 1821 – Mary Gooding – 55 or 60 years old – (indications that she was the widow of Frederick Gooding but not actually stated) – signed with a mark – nothing new Elizabeth Griffin – nothing new Winifred Gooding – nothing new Milcia Stanley – acquainted with Richard Reynolds and lived at his house – signed with mark Francis Nunn – nothing new Michael Pickle – nothing new John Overton – nothing new – signed with a mark 13. Rigdon White – Lenoir Co – nothing new 14. Joseph Pearce – nothing new Phillip Miller Sr had a son Daniel Nunn Miller and Daniel Miller were Exr of Phillip Miller who died by 1825 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble - 58marble@cox.net ______________________________________________________________________