Lenoir County, NC - Council Wooten vs Benjamin Sutton, 1860

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#8066 – COUNCIL WOOTEN, exr vs BENJAMIN SUTTON 

Lenoir Co – Supreme Court Case found at the NC Archives, Raleigh, NC
               
NOTE: - This case was not reported and would not be found in NC Reports

Court of Equity, Spring Term 1860, Lenoir County 
Council Wooten exec of John Sutton dec vs Elizabeth Sutton, Martha Heath, Avy Allen, 
Wm Gray and wife Mary, Dempsey Wood, Jesse Wood, Harriet Eliza Wood and James 
Wood, Josiah Sutton, John Sutton, Benjamin Sutton, Jeremiah Sutton and Hardy Sutton

John Sutton departed this life in the year 185--- having made and published his will on 5 
June 1850 – copy attached – Elizabeth Sutton was his widow -  Martha Heath, Avy Allen, 
William Gray & his wife Mary were his daughters – Dempsey, Jesse, Harriett Eliza 
Wood the three last infants under the age of 20 were his grandchildren  (James not 
mentioned) – Josiah, John, Benjamin, Jeremiah and Hardy Sutton were his sons – 
executors  were his son Benjamin and Council Wooten but only Wooten qualified – 
Sutton had a great personal estate – there is no lack of opinion by the defs as to the 
intention of the estate –

Item 9 - - I give and bequeath unto my three grand children, Dempsey Wood, Jesse 
Wood, and Harriet Eliza Wood, the following named Negroes (viz) Daniel, Rose, Leah 
and all their present and future increase with the following conditions, stipulations, and 
provisos in this clause, provided now if either one of my said grandchildren should die 
without leaving any heir lawfully begotten of their body, I desire the surviving ones to 
have the whole of the property devised in this clause, provided further now in case all my 
three grandchildren, Jesse, Dempsey and Harriet E. Wood should die without leaving any 
heir lawfully begotten of their body - My will and desire is that all the property devised in 
this clause shall be equally divided between all my children, to them their heirs and 
assigns forever.  All the above named Negroes devised in this clause are now in the 
possession of James Wood.  I direct and request my executors immediately after my 
death to take said Negroes and hire them out either private or public for the benefit of my 
said three grand children until a guardian shall be appointed for them.

Wooten was ready to divide estate and would have done so some time ago but the def 
James Wood, father of the grandchildren has prevented this from happening – Wood was 
married to Betsy, a daughter of sd John Sutton and she was mother to the children – she 
is deceased and Wood said the Negroes should come to him as an advancement from his 
dec wife – Wooten has offered to settle the estate and Wood has refused – 

DEED – 5 July 1854 – I, John Sutton for love and affection for my son in law James 
Wood give a Negro girl named Leah aged 14 years for him to hold forever
WIT Benj. F. Sutton
Enrolled 14 Feb 1861, Reubin Barrow, Reg.

Court said Wooten should dispose of the Negroes according to the will and give to the 
grandchildren – the case of the Negro to James Wood should be settled separately – also 
in the 10th clause of the will it is clear the residue should go to the widow and children 
not the grandchildren

The Will is posted under Wills – Will of John Sutton

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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble - 58marble@suddenlink.net
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