Lenoir County, NC - Tull vs Tull, 1858 ~~~~~~~~~~~~~~~~~~ #7462 TULL vs TULL Ann H. Tull vs William Tull and others - Lenoir Co June 1858 NOTE: This case was not reported and is therefore not in the NC Reports State of North Carolina, Lenoir County, Court of Equity Spring Term 1857 The Bill of Complaint of Ann H. Tull, of Lenoir County, wife of William Tull of same Co by Harry F. Bond her next friend, plf against William Tull, her husband and Warren Kilpatrick and Thomas Woodley, Executors of William Lovick, dec all of said County. Pft states that in the year 1852 and many years previous was possessed in her own right and as her own property several negro slaves to wit one negro man named James or Jain, one negro woman named Beck and one negro girl named Betsey, which said negroes were of great value. Said negroes constituted the entire property and means of support of your oratrix. Ann further stated that about the first of Sept 1852 she contemplated entering into and solemnizing the bonds of matrimony with said William Tull. Pursuant to the agreement made upon the contract of said intended marriage and to secure to the sole and separate use of your oratrix, during the continuance of said marriage, the said negro slaves, with a certain contingent limitations - William Tull and Thomas Woodley made and executed a deed in three parts - for the sum of $1.00 William Tull released and forever quitclaimed unto said Woodley the negro slaves, James, Beck and Betsy and all their increase in trust for the sole separate use of your oratrix during the marriage with the limitation that upon her death or failure to dispose of the slaves during the marriage she could dispose of them by will in any way she chose. The marriage took place and Woodley came into possession of the slaves for Ann. Ann stated she was uneducated and unable to make writing, she is divoid of experience and of feeble mind and unable without services to manage discreetly her property and she looked to Woodley and to her father William Lovick, then living for advice and direction in the management and disposal of her property believing that one was bound as trustee and the other by love and affection. With the advice of her father and Woodley she executed a deed dated 2 Dec 1854 an absolute gift of the said slaves to her father, William Lovick. Her father has had possession of said slaves and received the profits and proceeds of their labor, service and hire. She believed that the Deed of Gift was to her sole benefit and she thought Lovick was only a trustee. Her father led her to believe that the deed of gift and the marriage settlement was not affected to secure the negro slaves - the two were intended to prevent Tull from taking them or his creditors to take them for debt - her father promised to convey the slaves back to her however, he never did. She stated her father made his will on 21 Dec 1852 and appointed Warren Kilpatrick and Thomas Woodley as his executors. He died in 1856 without changing his will. She has applied to Warren Kilpatrick and Woodley to settle upon her the slaves as separate property. She states that William Tull, Kilpatrick and Woodley have conspired together and refuse to comply with her request. They said she intended to give the slaves to Lovick for his benefit and she stated her father knew exactly what her intention was and he accepted the gift with that understanding. Ann proceeded to make several statements most of which are a summary of the above. She did state she was married to William Tull on 1 September 1854. She requested that the Court appoint someone to securing said slaves and the profits of their labor for her benefit during her natural life and then they are to go to Oscar G. Bright and James D. Bright sons of Mortimer Bright, dec to be equally divided by them. She also stated her father asked Richard W. King and Lewis Desmond to be trustee to the slaves. This document was signed by Geo. Washington solicitor for the plf. THE ANSWER OF WARREN KILPATRICK AND MARY HIS WIFE TO THE BILL OF COMPLAINT OF ANN H. TULL They admitted that Ann owned the three slaves at the time set forth and they were her entire estate at that time and that at the time of her marriage she executed the deed of marriage settlement and she executed the deed of gift to her father. They stated they were at the house of William Lovick when she Ann requested the deed be written by Woodley and Woodley read it to her to make sure that was what she wanted and she said it was. Warren was a wit to the deed. There was nothing said about the slaves being used for the plt's sole benefit, but they don't know if anything was said by Lovick to this effect after they left the house. They also admit she can not read or write but deny that she is so feeble in mind she can't manage her affairs. They indicated she was violent and hot headed. They knew nothing about Desmond or King being asked to be trustee of the slaves. Warren refused to be an executor and Woodley was the sole executor of Lovick's estate and now has the slaves in question. This was signed by Geo Greene sol for the deft. Warren signed that his answer was correct THE ANSWER OF THOMAS WOODLEY Admitted the plf was in possession of the slaves in her own right, executed the marriage deed, the deed to her father, also stated she was violent. He also stated he went to Lovick's at the request of Ann to write the deed and it was a friendly social visit which included Woodley's wife who was a granddaughter of Lovick. Ann stated she didn't want her husband to ever have the slaves or even the use of them because she stated he had whipped her and then deserted her because she would not give a right to the slaves. He wrote the deed and read it to her and her father said nothing about how it was to read. Ann said nothing about the slaves being for her support and Woodley did not know if her father promised her this would happen but he did think Lovick intended to use the profits from the slaves for her benefit for her lifetime. Ann later stated her husband agreed to live with her again if she would title the slaves to him and she asker her father to do so and he refused. Woodley felt the reason Lovick refused was to keep Tull from obtaining the slaves and selling them. He does believe Lovick requested King and Desmond to prepare a deed and to act as trustee for the slaves for the benefit of Ann. He indicated that Lovick had made a similar deed to Mrs. Sarah M. Kincy many years ago and said deed was duly registered Signed Geo Greene for the def Woodley also signed ANSWER OF ANN E. GREEN, FRANK HARTSFIELD AND GEORGIA HIS WIFE They did not know if the slaves were to be used to the benefit of Ann. No other new information. Signed by Geo Green sol of the Def Ann E. Green also signed ANSWER OF JAMES C. NEAL OF CRAVEN CO AND HIS WIFE ELIZABETH Stated the same thing as the other deft. Signed by Wm. H. Washington Sol for the defendants DEPOSITIONS L. H. Aldridge - 14 Nov 1857 - had placed in his hands as officer of the Court a note against William Tull and Nancy A. H. Tull for $80.00 in favor of J. F. I. Sutton and Ann Tull said she had signed it but when the payment was demanded she said there was nothing to pay it with - she was living with her father at the time - Sutton did not push it with her as he thought she had given back her property to her father. Aldridge stated that William Tull was not keeping house but living out of the county separate from his wife. He also stated that Lovick refused to pay the debt. Jesse Broadway - 12 Dec 1857 - In 1854 he hired a negro woman Beck from William and Nancy Tull and paid in advance - in 1855 he hired from Wm. Lovick two negroes, Beck and Betsy - Beck was the same on hire the year before from Tull - Lovick said he bought the negroes from Nancy Tull to keep her husband from making off with them - Nancy would have to do the best she could after Lovick's death. Broadway also stated Lovick intended to leave his house and a few acres to Nancy. Richard W. King - 12 Dec 1857 - said Lovick requested him to write a deed for slaves and to serve as trustee - he wanted this deed like the one to Mrs. Maria Kincey. He wanted it written so upon Nancy's death it went to a person named Bright - as King was going to Lovicks to draw the deed, Thomas Woodley came by and said he had already done it. In a few days, Lovick died. Thomas Woodley denied he had done this deed ANOTHER SUIT?? It was not clear if this was a separate suit and there was little information on it - only names. Thomas Woodley, Warren Kilpatrick and wife, James C. Neal and wife, Ann E. Green, Frank Hartsfield and Georgia his wife - against William Tull, John L. Kincey and his wife Sidney D. Kincey, William J. K. Kincey, Tilghman Dixon and wife Mary E. Dixon, George Grist and his wife Sarah M. Grist or Grice, Stephen L. Kincey, Charles S. Kincey, Benjamin J. Kincey, Oscar Bright, James L. Bright The Court found for Nancy Tull. NOTE: The answer of William Tull did not get copied so this case will need to be revisited. DEEDS Indenture - 1 Sept 1852 - William Tull of the first part, Nancy Lovick of the 2nd part and Thomas Woodley of the third part - all of Lenoir Co - in consideration of the marriage this day intended between William Tull and Nancy Lovick for the settling and aspering the share and portion in full which I have to the following slaves to wit one negro man named James, one negro woman named Beck and one negro girl named Betsey to and for the several uses, intents and purposes, hereinafter limited and declared pursuant to the agreements made upon the contract of the said intended marriage and for consideration of $1.00 to each of them - the said William Tull and Nancy Lovick in hand paid by the said Thomas Woodley party of the third part - acknowledged the said Nancy Lovick hath sold and the said William Tull hath released and forever quit claim unto the said Thomas Woodley the following named slaves - James, Beck and Betsey and all their increase - after the marriage the slaves entrusted for the sole and separate use of the said Nancy Lovick during the existence of the said marriages yet nevertheless in case the said Nancy Lovick shall consent thereto entrust to permit and suffer the said William Tull and his heirs to receive and take the profits of the said above mentioned property to his and their own proper use and benefit during the marriage but if Nancy should die without making any other desposition of the negroes and their increase then Woodley shall hold the negroes for the benefit of any children of Nancy who attain the age of 21 but if Nancy should have no children then Woodley to hold for the benefit of Oscar G. Bright and James D. Bright sons of Mortimer Bright deceased - William Tull agreed to this - if Woodley to die in the lifetime of Nancy, another person would be chosen to be trustee William G. Tull and Thos Woodley signed and Nancy used a mark WIT Jesse Vause, W. B. Vause To Court Sept Term 1852 on oath of Jesse Vause W. C. Loftin Clk Enrolled 7 November 1852 Stephen White, Regr. Deed of Gift 2 December 1854 I Ann Heritage Tull (wife of William Tull) of Lenoir County having a right and privilege reserved and vested in me under the marriage articles between myself and my husband to dispose of by sale, gift, otherwise of certain negroes slaves to wit Jim Becky and Betsy - for the natural love and affection which I have for my aged and beloved father, William Lovick of same county and for the sum of $1.00 paid by said Father do convey to said Father the above named slaves signed Ann H. (x) Tull WIT T. Woodley, Warren Kilpatrick To Court December 9 1854 on oath of Warren Kilpatrick N. Hunter, CCC Enrolled 9 December 1854 Stephen White Regr ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________