Lenoir County, NC - Tilghman vs West, 1851 ~~~~~~~~~~~~~~~~~~ #6946 MICHAEL TILGHMAN, ADM VS KINION T. WEST, EAL Dec 1851 - Lenoir County Michael Tilghman, Adm of John Tilghman dec vs Kinion T. West and Teresa his wife and Alexander Kilpatrick and Susan his wife - filed Nov 18, 1857 Bill of Complaint - I Michael Tilghman administrator of John Tilghman dec of Lenoir Co - John was possessed of very considerable personal estate and he did on or about the ---- day of ---AD 18--- made his last will and Testament and nominated Joseph J. Tilghman sole executor of his said Will - said John departed this life in 185--- without altering or revoking his will - Joseph J. Tilghman was proved at court as exec and took the personal estate of said John - Joseph J. Tilghman has now departed this life intestate and said Michael obtained letters of Administration of the dec John from the Court in 1850 - said Michael now has the personal estate of John which was unadministered by the said Joseph, the exr - Joseph Watson late of Lenoir Co made and published a Will bearing date 29 Oct 1831 and among his bequest - he gave and bequeathed unto his son John A. B. Watson as follows "seventhly I give and bequeath unto my son John A. B. Watson, the land whereon I now reside after the death or marriage of his brother, two negroes by the names of Reubin and Silvy, one mare by the name of Randy, one gang of hogs in the pecoson, one bed and furniture to him his heirs and assigns for ever. Forthly All the property not before specified such as household and Kitchen furniture, farming utensels I desire may be equally divided between my wife and my son John and all that I have heretofore loaned to my wife, I desire at her death or marriage, for the sum to be equally divided between John, Teresa & Susan Watson. Also I desire that if either the aforesaid heirs John, Teresa and Susan should die without any lawful issue of their body their property may be Equally divided between the younger surviving heir or heirs of aforesaid John, Tercy and Susan" And appointed his son John A. B. Watson Executor of his said Will who duly proved the same in the proper court - stated a copy of the Will was annexed (it wasn't) and he plans on using the will as part of his Bill of Complaint. The said Joseph Watson departed this life sometime in 1833 and his will was admitted to probate at the July Term 1833. The executor, John A. B. Watson was largely indebted and greatly embarassed in his affairs and being desireous of securing the payment of his debts to his various creditors among whom were the defendants Kinion T. West and Alexander Kilpatrick on the 19th of Feb 1841 made an executed to Pinckney Hardee a deed whereby he conveyed all his estate both real and personal including the slaves Reubin and Silvy given to him by the testator Joseph Watson, in trust to sell the same and pay his creditors Kinion T. West & Alexander Kilpatrick & others Your orator also shows with the consent of said Kinion T. West and Alexander Kilpatrick and the other creditors mentioned in the deed of trust, the said John A. B. Watson was permitted to retain the possession and custody of the said property both real and personal for said condition to the said Pinckney Hardee with the hope and expectation of the profitable use and employment he might relieve himself from his embarrassments for an indefinite time and he remained in possession until his death in May 1845 - immediately upon his death the said Hardee took the said slaves Reubin and Silvy together with all other property mentioned and advertised he would hire out the negroes until the July Court 1845 in Lenoir County and he would then sell the said negroes as the trustee of John A. B. Watson under the deed of trust. The said John departed this life without ever being married and had no children, leaving surviving his sisters the defendants Terresa and Susan to whom the property was given in the will of Joseph Watson. The said def Kinion T. West intermarried with the said Teresa and Alexander Kilpatrick intermarried with the said Susan. Because the debt to the two defendants was mentioned in the deed of trust, the negroes were conveyed to satisfy the debts. The other debts were not paid and your orator further charges the def Alexander Kilpatrick bought from some of the other creditors their notes - both West and Kilpatrick were advised of their rights to the negroes under the will - the negroes were put to public sale and West was present as was Kilpatrick - Kilpatrick bought the said woman Silvy and paid Hardee for her - West requested $1000 for the land that was sold at the same time. The slave Reubin was bidd off by John Tilghman for an extradinary price and he paid the money to the said trustee, Hardee - Hardee made a Bill of Sale to Tilghman At no time did the defs make any objection to the sale or present any claim to the slaves. The money from the sale was insufficient to pay all the debts - then the def West inquired of his rights under the law with respect to the slaves under the will Plf stated that the defs were guilty of fraud and should not benefit from it. John Watson knew he could not convey the sales under the conditions of his father's will. The court said the two defs would be entitled to 80% of the proceeds of the sale as creditors - Hardee paid them $355.94 being 80% and also paid Kilpatrick $108.79 being his 80%. Plf states that John Tilghman purchased the slave bona fide and gave full value and he was never told of the claim to said slave by the defs until some later. Then the defs made a formal demand for the slave Reubin but he refused to surrender him. The defs then took out a writ in Court in Craven Co. Since John Tilghman is dec the plf is now a party to said suit. Michael states the defs should not be allowed to recover the slave The above was signed by Washington & James W. Bryan, attorneys Michael Tilghman made oath the information was correct 3 August 1857 ANSWER OF KINION T. WEST AND TERRESA HIS WIFE AND ALEXANDER KILPATRICK AND SUSAN HIS WIFE Stated there were many errors in the Bill of Complaint They admitted to the death of John Tilghman and his exec died intestate. They also admitted the Will of Joseph Watson did contain the clauses set forth. They admitted John Watson was indebted to many people including the defs - West was guardian to his wife before he married her but he was never paid what was due him as guardian - both West and Kilpatrick denied that John Watson was indebted to them - at the time of the deed of trust Kilpatrick was living in another state and was not married to Susan until some time after the deed was made. The debt to the defs was a small part of what Watson owed. They stated the two negroes and the land was a small part of the estate that John conveyed in the deed of trust - there was no provision made in the deed for money owned to Kilpatrick. Teresa was under the age of 21 when she married West. Susan was also under age and married Kilpatrick in September 1841. The negro Reubin was sold for $527 and Kilpatrick bought Silvy for $251, the land was sold for $60 and the residue was about $2400. They admitted the said Hardee paid West $355.29 for his portion which included the proportion of the debt due to John - last name not readable but could be Lane - West said he did not receive a sum of $70 for the sale of Reubin - he offered to refund the same to said John Tilghman if he would surrender him (Reubin) - West states that it has been more than three years and the Statue in the year 1837 limited the time where a suit could be brought. Kilpatrick stated that in September 1841 some 7 months after the execution of the deed of trust he married Susan and by being kin he was requested by John Watson to pay to Philips and Oxley the money he owed them which he did but John did not live up to his promise. The $108.79 he received from Hardee was for the money he gave to Phillips nd Oxley and had nothing to do with the slave Reubin. Both West and Kilpatrick denied they ever were aware of the title to the slaves and Kilpatrick stated he bought Silvy without knowing his wife was entitled to her. Had he known he would not have bought her with his money but she was a family slave and his wife was desirous of having her. He never read the will of Susan's father. Kilpatrick stated he bid on a piece of land that John Watson owned independent of his father's will. The slave Reubin was now in Craven Co The above statement was signed by the attorney for the defs - name not readable The defs signed that the statement was correct K. T. West, T. L. West, A W. Kilpatrick, Susan Kilpatrick INDENTURE 19 Feb 1841 - Indenture - John A. B. Watson to Pinckney Hardee - owing to circumstances beyond the control of Watson he is now unable to discharge his just debts and is assigning his property for payment of same. For $1 and other considerations he is conveying the said property to Hardee - one tract where I now reside - 300 acres - courses will appear to a deed from Danny Daugherty heir at law of Daniel Daugherty to the said John A. B. Watson - also two tracts adj the lands of George Moy, Jesse Jackson and others being the same which was devised to me by the will of my father Joseph Watson - another tract adj the lands of John Patrick, Jacob Daugherty the courses will appear in a deed from James Daugherty Jr - 424 acres - also one negro man named Reubin and one negro girl named Sylvia, 6 head of hogs, household and kitchen furniture & fifty barrels of corn, 200 pounds of pork, farming instruments, & carts, wagons - to hold by the said P. Hardee as soon as requested by creditor and on 20 days notice shall place all at public sale - after deduction of his reasonable charges the said Hardee shall discharge the following debts: one note payable to J. C. Washington guard to the minor heirs of John Cobb for thirty seven dollars dated today with interest from 3 Jan 1838; one note payable to J. C. Washington guard to the minor heirs of John Cobb dated 7 Jan 1841 for four hundred dollars; one note payable to the same dated 5 Jan 1841 & payable at twelve months for one?? Hundred and seventy dollars and fifty cents; one note payable to J. C. Washington & James Bryan adm of John Washington dec payable 24 Dec 1838 for forty one dollars; one note payable to J. C. Washington for the sum of four hundred and sixty dollars and eighty one cents dated the 18th last; one note payable to J. C. Washington for fifty one dollars and seventy five cents dated the 18th Mar; one note payable to J. C. Washington & Co for thirty seven dollars and sixty cents dated 18th July; one note to which I am security to Daniel Broadway and Stephen Lyon ?? belonging to J. & J. C. Washington and payable to J. C. Washington 7 Oct 1837 for the sum of twenty five dollars; three other notes payable to H. F. Bond & Co one for one hundred and ninety dollars and ninity two cents dated today with interest from date 1 day of Jan last - one dated today for twenty eight dollars and twenty six cents with interest from the 1st of Jan last - and the other for sixty five dollars and twenty cents dated the 7 of July 1840 with interest from the 1 of Jan 1840; one note payable to Metts and Bond and dated today for two hundred and twenty dollars; one note payable to the same and dated 2 July 1838 for forty six dollars and twenty seven cents; one note payable to Kinion T. West & dated today with interest from the date for the sum of three hundred dollars; one judgement in favor of Phillips and Oxley stayed ?? by James Kilpatrick for about one hundred dollars; one note payable to Francis B. McKinney for about eighty dollars for hire of negro Abner; two notes payable to John Davis one of which I am security for Lewis Williams for about twenty dollars - the other one for which I am security for Michel Grant for about twenty dollars; one note payable to John Rouse for about eighty dollars date not recollected; one note payable to Isaac B. Cox Administrator of Wilie Kilptrick for about sixty dollars date not recollected; one judgement in favor of Metts and Wooten stayed by James Daughety for about forty dollars; one judgement in favour of Thomas Abbott for about twenty dollars stayed by James Daugherty; the amount which I am now owing the following persons by account - Hardee & West - Stephen White - Davis & Kornegay - J Davis & Co - W. H. Haywood - Lovicka Croom - on account about fifteen dollars - Anna King, one account for thirty two dollars and seventy cents; one judgement in favour of John T. Luni ?? adm of Luke Russel for about fifty five dollars stayed by Kinion T. West; one note payable to the Merchangs Bank New Bern NC for the sum of four hundred dollars with J. C. Washington & H. F. Bond security; one note in favour of Lewis O. Bryan one hundred dollars dated as Jan 1840 with Kinion T. West security together with the interest - secured on the afore mentioned debts and the surplus if any remains after fulfilled the trust will pay over to John A. B. Watson in a reasonable time by Hardee Signed J. A. B. Watson and P. Hardee WIT R. W. King & J. C. Patrick To Court Feb 20 1841 on oath of R. W. King L. C. Desmond, CC Enrolled 20 Feb 1841 G. T. Lovick Regr Copy made 4 Sept 1851 John F. Wooten CME ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________