Newhanover County NcArchives Court.....Hanson Kelly Et Al, John Walker Et Al V. 1819
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 January 30, 2009, 4:57 pm

Source: Nc Reports
Written: 1819

John Mosely Walker, Sarah Jane Walker and Eliza H. Walker, Infants, by their 
next friend, Carleton Walker v. Hanson Kelly, William Watts Jones and John D. 
Toomer, Executors of the last will of John Walker, deceased

From New Hanover

May Term 1819

Testator bequeaths ten negroes to A. seven negroes to B. and seven to C. After 
making his will, he sold all his negroes, and died possessed of a large 
estate. The legatees apply to the Court of Equity to order the executors to 
lay out so much of the estate as may be necessary to purchase negroes to make 
good the legacies. The Court will order the executors to make good the 
legacies.

Pending the suit, a compromise is made between the executors and the next 
friend of the legatees (who are minors) relative to the negroes, in which it 
is agreed that the value of the negroes, as found by the master, shall be paid 
to the guardian of the legatees. This compromise being satisfactory to the 
Court, is confirmed.

The bill charged, that John Walker, late of the county of New Hanover, 
departed this life, some time in 1813, having made and published his last 
will, of which he appointed Hanson Kelly, William Walls Jones and John D. 
Toomer, executors, who proved the will in the Court of Pleas and Quarter 
Sessions for New Hanover county, and undertook the burthen of executing the 
same; that the testator bequeathed to the Complainant, John M. Walker, ten 
negroes and fourteen shares in the capital stock of the Bank of Cape Fear; to 
the Complainant, Sarah Jane Walker, seven negroes and fourteen shares of stock 
in said Bank; and to the Complainant, Eliza H. Walker, seven negroes and 
twenty one shares of stock in the said Bank; that the Complainants had 
requested the Defendants to deliver over the legacies to their guardian, and 
the Defendants had refused to do so, without the direction of the Court, 
saying that the testator, after making his will, had disposed of all his 
negroes, and they did not think themselves safe in laying out the monies 
belonging to the estate in the purchase of other negroes for the Complainants, 
until the sum so to be laid out should he designated by the Court. The bill 
prayed for such relief as the Court might think the Complainants entitled to.

The answer of the Defendants admitted the facts as charged in the bill, and 
submitted to such decree as the Court might make in the premises. An account 
of the value of the negroes bequeathed to Complainants, and an account of the 
dividends which had accrued and been declared upon the bank stock, were taken 
by the Master; and the case was sent to this Court for a final decree.

By the Court — This cause coming on to be heard, the substance of the 
Complainants' bill appeared to be, that John Walker died some time in 1813, 
having made a last will and testament, of which he appointed the Defendants 
executors, who proved the will, and took upon themselves the burthen of the 
execution thereof. That by the said will he bequeathed to the Complainant, 
John M. Walker, ten negroes and fourteen shares in   the capital stock of the 
Bank of Cape Fear; to the Complainant, Sarah Jane Walker, seven negroes and 
fourteen shares in the capital stock of the Bank of Cape Fear; and to the 
Complainant, Eliza Henrietta Walker, seven negroes and twenty one shares in 
the capital stock of the Bank of Cape Fear: and the scope of the Complainants' 
bill is, that the sum to be expended by the executors aforesaid in the 
purchase of negroes to fulfil the aforesaid legacies, shall be ascertained by 
the Court, and that, the Complainants may be relieved. Whereto the Defendants, 
by their answer, say that they admit they were appointed executors of the last 
will of the said John Walker, and qualified as such, and that the legacies 
bequeathed thereby to the Complainants are truly set forth by their bill. That 
the said John Walker, after making his said will, sold and conveyed all the 
negroes he owned. That by the said will, they were directed to retain the said 
legacies until the County Court should appoint a guardian to Complainants, and 
take a bond with security for the performance of the trust; and they submit to 
the Court whether it were not the intention of the testator that, the guardian 
should be appointed by the County Court of New Hanover, and whether the 
Complainants be entitled to any, and, if any, to what sum of money in lieu of 
the negroes aforesaid: and the report of the Clerk and Master in Equity for 
the county of New Hanover being read, by which it appears that the negroes 
bequeathed to the Complainants were at the time of the death of the testator 
of the value of $7,920; and that on 6 April, 1818, they were of the value of 
$10,692; and that, from the death of the testator to 6 April aforesaid, the 
bank stock bequeathed to the Complainants, had produced in dividends and bonus 
the sum of $2,107.

The Court do order, adjudge and decree, that upon the performance of Carleton 
Walker, Esquire, (who, it appears to the satisfaction of the Court, hath been 
appointed guardian to the Complainants by the Court of Pleas and Quarter 
Sessions for the county of Cumberland), of the matters hereinafter required of 
him to be performed, the Defendants do transfer to the Complainants, John M. 
Walker and Sarah Jane Walker, each fourteen shares in the capital stock of the 
Bank of Cape Fear, and to the complainant Eliza Henrietta Walker, twenty one 
shares in the capital stock of the said Bank; and do pay over to the guardian 
for the benefit of the complainants, the aforesaid sum of 2,107 dollars, being 
the dividends and bonus which have been declared and have accrued on the 
aforesaid stock up to the date of the Master's report; which sum will belong 
to the complainants in the following proportions, to-wit, to John M. Walker, 
fourteen forty-ninth parts, thereof, to Sarah Jane Walker, fourteen forty 
ninth parts, and to Eliza Henrietta Walker twenty-one forty-ninth parts; and 
that, the Defendants account with the said guardian for the dividends accrued 
on the said bank stock since the date of the Masters report aforesaid, and pay 
the same over to the said guardian, to be by him laid out for the benefit of 
the complainants, according to the same proportions.

And it further appearing to the satisfaction of the Court, that a compromise 
hath been made between the complainants, acting by their father and next 
friend, the aforesaid Carleton Walker, and the Defendants, relative to the 
legacies of negroes bequeathed to the complainants, which compromise appears 
to the Court to be reasonable, the Court do therefore, according to the terms 
of the said compromise, further order, adjudge and decree, that upon the 
performance by the said Carleton Walker of the requisitions aforesaid, and 
upon the assent, of John Walker, the residuary legatee, being signified in 
writing and filed in the office of the Clerk and Master of the County of New 
Hanover, or without such assent, at the election of the Defendants, they do 
further pay over to the said Guardian, for the benefit of the complainants, in 
satisfaction of the legacies of negroes bequeathed to them respectively, the 
sum of nine thousand dollars, to be divided among the complainants in the 
following proportions, to-wit, to John M. Walker, ten twenty-fourth parts 
thereof, and to Sarah Jane Walker and Eliza Henrietta Walker each, seven 
twenty-fourth parts thereof.

And it appearing to the Court, that the penalty of the bond entered into by 
the said Carleton Walker, as guardian to the complainants, is not more than 
sufficient for the security of John M. Walker, it is further ordered, that no 
transfer of the aforesaid stock or payment of the aforesaid sums of money 
belonging to Sarah Jane Walker, or Eliza Henrietta Walker, be made to their 
said guardian, before he shall have entered into two other bonds, each in the 
sum of ten thousand dollars, with such security as may be approved by the 
Court of Pleas and Quarter Sessions for the County of Cumberland, conditioned 
for the proper discharge of his office of guardian.

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