Orange County NcArchives Wills.....Benton, Samuel August 28, 1810 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 276-277 Written: August 28, 1810 Recorded: Nov 1810 Testator: Samuel Benton [Original, loose will. See Note 1] I Samuel Benton of Hillsborough being of sound Mind and Memory, do make, constitute and ordain this Instrument and its contents to be my last Will and Testament in manner and to effect following to Wit. I desire and direct that all my Just debts to be as speedily and punctually as possible paid out of my estate real and perso nal; and I do hereby give to my Executors herein after named full power and autho rity, or to such of them as may undertake the execution of this my Will, the same full power and authority to sell and convey at their or his discretion such part of my real or personal estate as may be necessary for that purpose I give devise and bequeath to John Taylor the Younger, my son in law of Hillsborough aforesaid, and to his Heirs & assigns forever all the residue of my estate real and personal after the payment of any debts as aforesaid, as an acknowledgement of the deep end sence I entertain of his affection and conduct towards me during a period of sickness and affliction in which I have de- rived much comfort from his attentions.----- I do nominate constitute and appoint my said Son in law John Taylor the Younger, and my friend Duncan Cameron of Orange Executors of this my last Will and Testament ---- In Testimony whereof I the said Samuel Benton have hereto set my Hand & Seal the 28th day of August AD 1810 Signed, sealed & published in our pre sence S Benton (Seal) Richd Henderson } Ed: Jones } Jurat [Handwritten copy] I Samuel Benton of Hillsboro being of sound mind and memory do make constitute and ordain this my last Will and Testament in man -ner and to effect following (to wit) I desire and direct all my Just debts to be as spee -dily & punctually paid as possible paid out of my estate real and personal and I do hereby give to my Exrs. hereinafter named full power and authority or to such of them as may undertake the Execution of this my Will the same full power and authority to sell and convey at their or his discretion such part of real or personal estate as may be necessary for that purpose ----- I give desire[demise?] and bequeath to John Taylor the Younger my son in law of Hillsboro aforesaid and to his heirs and assigns forever all the residue of my Estate real and personal after the payment of my debts as aforesaid as acknowledgement of the deep end sence I entertain of his affection and conduct towards me during a period of sickness and affection[affliction] in which I have derived much comfort from his attention[s] I do nominate constitute and appoint my sd. son in law John Taylor the Younger and my friend Duncan Cameron of Orange Executors of this my last Will and Testament In Witness whereof I the said Samuel Benton have hereto set my hand and seal the 28th day of August AD 1810 Extract [End of handwritten copy] [Will Book Volume D, page 276] I Samuel Benton of Hillsborough being of Sound Mind & Memory, do make constitute & ordain this Instrument and its contents to be my last Will & Testament in manner and to effect following to Wit I desire & direct that all my Just debts to be as Speedily and punctually paid as possible paid out of my estate real and personal & I do hereby give to my executors herein after named full power & authority or to such of them as may undertake the execution of this my Will the same full power & authority to sell and convey at their or his discretion such part of my real or personal estate as may be necessary for that purpose ~~~~~ I give devise & bequeath to John Taylor the Younger my Son in law of Hillsborough aforesaid & to his heirs & assigns forever all the residue of my estate real & person- -al after the payment of any debts as aforesaid, as [an] acknow- ledgement of the deep end sense I entertain of his affection and conduct towards me during a period of sickness and affliction in which I have derived much comfort from his attentions ~~~~ I do nominate Constitu =te & appoint my said son in law John Taylor the Younger and my friend Duncan Cameron of Orange Executors of this my last Will & Testament In Witness [orig: Testimony] whereof I the said Samuel Benton have hereto Set my hand & Seal the 28th day of August AD 1810 Signed, sealed & S Benton (Seal) published in our presence ~~~~~ Richd. Herndon[orig: Henderson] Ed Jones Orange County Novr. Term 1810 The Execution of the above last Will & Testa ment of S Benton was duly proved in Open Court by the Oaths of Richd. Herndon & Ed Jones both subsc ribing witnesses thereto & ordered to be recorded ~~~~~~~~~~ At [Will Book Volume D, page 277] At the same time John Taylor qualified as Execution Test J Taylor CCC By Q A Benton Additional Comments: Will Book Volume D, pages 276-277 Recorded Nov 1810 Note 1: The version marked "Handwritten copy" is not very faithful to the original, leaving out and reversing words, removing punctuation - overall, reducing legibility of the original version. Note 2: "yellow" in this usage is short for "High yellow", meaning a light-skinned person of black and white ancestry. Estate Papers comprise 112 pages and are found in a folder labeled "Benton, Samuel (1816)". An unusually long list of notes or debts owed him, mostly in small amounts with references to legal matters. Testator was clerk of the Superior Court for Orange County. Note that much of this material deals with a dispute between John Taylor (a clerk of the court) and Abner B. Bruce (a clerk of the court) regarding the dealings of the testator (a clerk of the court), producing weird effects like oaths being sworn to themselves, the Abner filing the petition by John Taylor against Abner, etc. Testator died in October 1810 per the Estate Papers. Note 3: A copy of this will (Samuel Benton, will dated 18 February 1770), is found among the wills of the county and is transcribed in this collection. Among the information found in this regarding enslaved individuals, there is a multi-generational lineage described: Sarah was the mother of: Dilce who was the mother of: Sarah who was the mother of three: Frank Phillis Maurice [Estate Papers - Bill of Complaint] State of North Carolina } Orange County } In Equity To the Honorable the Judge of the Court of Equity for said County --- The Petition of John Taylor of the Town of Hillsbo- rough, Executor of the last Will & Testament of General Samuel Benton deceased, Humbly complaining sheweth unto your Honor that on or about the thirteenth day of Sep- tember Anno Domini one thousand Eight hundred & Eight, Frances Benton, Widow, mother of said Sam- uel Benton decd. executed a Deed or Bill of Sale to her said Son in consideration of love & affection & for other consideration for a certain yellow[See Note 2] Girl Slave called Sarah, saving & reserving to herself the said Frances Ben- ton the use of the said slave during her life, which Deed was proved & registered according to Law, & a copy of which Deed is annexed hereto, which your Orator prays may be taken as part of the same And your Orator further sheweth that his Testator the said Samuel Benton had supported his said Moth Frances Benton for a great number of years & until his death, which took place in the year one thousand Eight hundred & Ten And that your Orator Executor as aforesaid has sup- ported her since --- And your Orator further sheweth that the said yellow Girl Sarah since the Deed & Bill of Sale has had three children, Frank, Phillis & Maourice about the ages of five, three, and one years And your Orator further sheweth that the said Fran- ces Benton has arrived at the great age of about Eighty six years, that her mind is much impaired thereby, ["And" x-out] that your Orator has well grounded apprehensions that she is about to be induced to give up the possession of the said slaves to her son Augusts Benton of South Carolina, lurking & concealing himself in & [page 2] in & about your Orator's Plantation in this County where the said Frances Benton & the said Slaves reside & are supported -- And your said Orator verily believes from the in- formation he has acquired that the said Augustus Benton is designing & contriving to get possession of the said slaves from his mother the said Frances, & to carry them out of the State -- And that your Orator believes that the said Augustus Benton is a man with- out property & much in debt, and that should the said Slaves be removed, they would be entirely lost to the Estate of your Orator's Testator. Your Orator therefore hum- bly prays that a special Writ from this Honorable Court directing & requiring the Sheriff of this County to take possession of the said yellow Girl called Sarah & her three children, and to have them before the Honorable Court to be held on the third Monday in September next, unless full and ample security be given by Bond to your Orator conditioned for their safe Keeping & delivery at the said Court, to be then dealt with & disposed of as the said Honorable Court may think proper to direct [X-out section] And that process my issue from the Honorable Court injoining the said Frances from any disposition of the said Slaves so that they may be carried out of this state And that a Subpoena Copy of this Bill & a Sub- poena be directed to issue -- And your orator prayer for such further relief as this Honorable Court may think proper to direct in the premises -- [X-out section ends] And your Orator will ever pray &c John Taylor the complainant ins this Bill of Complaint maketh oath that all the mat- ters & thinks herein contained coming within his own Knowledge are true, further mat- ters & think not coming within his own Knowledge he believes to be true [Estate Papers - Bill of Complaint 2] To the Honorable the Judge of the Court of Equity of the County of Orange Humbly complaining sheweth unto your Honor your Oragor John Taylor of Hillsborough, Executor of the last Will and testament of Samuel Benton deceased - that On or about the 13th of September 1808 Frances Benton the Mother of the said Samuel Benton ["departed" x-out], executed a Bill of Sale under seal to the said Samuel whereby she conveyed to him a certain yellow Girl Slave called Sarah, then the property of the said Frances, reserving to herself the use of the said slave during his natural life - Copy of which Bill of Sale is hereunto annexed which your Orator prays may be taken or part of this bill - Your Orator further shews that the said negro slave since the execution of the said Bill of Sale has had issue, three Children Frank, Phillis and Maurice now about the ages respectively of five, three and one years - The said Samuel departed this life about the year 1810, having first duly made and published his last Will and testament and therein appoint your Orator Executor thereof -- which Will hath been duly proven in the Court of Pleas & Quarter Session of Orange and as Executor thereof your Orator hath duly qualified & taken upon himself the Burden of Executing the same --- [page 2] The said Frances hath continued to possess and still doth possess the said slaves by virtue of the Reservation of the life estate in the said Bill of Sale as above mentioned -- The said Frances hath now arrived to a great age - being about eighty years old and the powers of her mind and greatly impaired -- Your Orator further shews of Charges that One Augustus Benton the son of the said Frances now of South Carolina, is, as your Orator hath good reason to believe and doth believe, at this time lurking about the Plantation of your Orator where the said Frances & the aforesaid Slaves are --- That your Orator hath or no doubt the Object and design of the said Augustus, who is a man without property of dissolute habits and corrupt principles, is, but deceitful practices and dishonest artifices, upon the imbecility of the said Frances to prevail upon her to surrender the possession of the said slaves to him in Order forthwith, before the sitting of he next Court of Equity for said County to remove them ["out of" erased] to South Caro= lina or some other place beyond the reach of the process of this Court and the limits of this state so as ??? to defeat the interest in remainder in the said slaves -- And your Orator expressly charge that the hath good cause to fear and believe and doth fear and believe that the said Frances will yield to the said Augustine the possession of the said slaves for the purpose aforesaid to the manifest injury & destructive of the interest [page 3] aforesaid in Remainder -- In tender Consideration whereof, and inasmuch as during the continuance of the life ["Estate" x-out] of the said Frances your Orator hath as Remedy but in the this Court -- or the End therefore that the said Frances, may true, full and perfect answer make to all and singular the premises -- that the forthcoming of the said slaves at the death of the said Frances, may be secured & provided for, that by decree of this Honorable Court the said Frances may give security therefore and that the said slaves may in the mean time be kept and preserved within the jurisdiction of the Court until the premises may be heard & ?????? determined by this Court - & that your Orator may have such Other & further relief as in Equity and good Conscience this honorable Court may think bein intitled unto --- May it please your Honor to grant to your Orator a Writ of Subpoena directed to the said Frances commanding her to appear at &c &c and also a Writ to the Sheriff or Orange County commanding him to take the aforesaid slaves into his Custody & possession and them safely keep so that he have them before the Judge of the Court of Equity next to be held for said County [page 4] at Hillsborough subject to such Order and decree as the Court shall then make in the premises unless the said Process shall give & with good and ??? surety in double the value of the remainder said slave to the said Sheriff for the protection of the said slaves at the said Court John Taylor maketh Oath } that all the matter & things } in this Bill contained as of } his own Knowledge are true } the rest he believes to be true } and the rest he believes to be true } and that the remainder in the said } slaves is of value of ($900) } nine hundred Dollars Sworn to before me 26th Aug 1819 J Taylor F Nash JSCLE The Clerk & Master will issue a precept[?] to the Sheriff of Orange County According to the prayer of the Bill F Nash JSCLE [Estate Papers - Bill of Sale for Slave Sarah] For and in consideration of the natural Love and affection which I have for my son Sam- uel Benton & for the consideration of one dollar to me in hand paid at the sealing and delivery of these Presents, and for divers other considera- tions and cause me thereunto moving, I, Frances Benton of the County of Orange, Town of Hills- borough, in the State of North Carolina, do here- by give and grant to my son Samuel Benton of the place aforesaid a certain little yellow Girl Slave, called and Known by the name of Sarah to have & to hold the said yellow Girl slave Sarah, to him the said Samuel Benton, his heirs and assigns &.c saving and reserving to myself the use of the said Sarah, during my own life. Witness my hand & seal this 13th day of September 1808 Signed sealed & delivered in } (signed) Frances Benton (seal) presence of } (Signed) Thos. Scott } Orange County August Term 1810 Wilton Child Jurat } The Execution of the foregoing A: Benton } Bill of Sale was duly proved in open Court by the oath of Wil- son Child a subscriber thereto and ordered to be registered The Within Bill of Sale is July Test registered in Book I page 375 J. Taylor 22 Novr. 1810 ABBruce [Estate Papers - Answer of Frances Benton to Complaint] The Answer of Frances Benton to the Bill of Complaint exhibit -ed against her by John Taylor' Executor of the Will of Samuel Benton deceased -- This defendant saving and reserving &c for answer to the several matters & things set forth in the Bill of Complaint or so much thereof as she is advised it is necessary she should make answer unto, an- swers & says, That she admits it to be true that she executed a deed of gift to her Son Samuel, now deceased, for the Slave Sarah of the tenor & date mentioned in the Bill; & that said Samuel departed this life having first made a last will & testament & appointed the Complainant one of the Executors thereof, who proved the same in Orange County County[sic] Court; & that said Sarah hath issue, Frank, Phillis & Maurice all as charged in the bill of Complaint -- She further admits it to be true that she hath had the possession of said Slaves, until they were seized under process issued in this cause, at the instance of [the] Com -plainant. This defendant further answering, saith that she also admits it to be true that she is of very great age, even greater than that stated in the bill - She is upwards of Eighty-seven years old & be -sides the bodily infirmity incident to such advanced age & many vicissitudes of life, she hath been rendered nearly helpless by a fall from a gig a few years past, by which her arm was broken - That circumstance renders the present attempt of the Complain -ant peculiarly[sic] distressing to this defendant; as She resided by herself in a small log-house on a plantation if the Complainant without any White companion, of either sex, and with her slaves only, among whom the said Sarah was particularly useful to the defendant in her disabled condition, as she had been raised as a boy & confidential servant : But this defendant saith, the her mental faculties are still sufficiently good to enable her to recollect all the principal wants of her life, which materially affected her interests or happiness & that she fondly hopes too that the principles of honesty which have heretofore governed her conduct still exist unimpaired - She denies that her understanding or her integrity have been so much impaired, that she would of her own accord or by any persuasion whatsoever be induced, knowingly, to wrong any per -son or eloign the property of another: She doth therefore positively deny all the charges contained in the bill, whereby an intention to carry off, ??? or dispose of the said Slaves, is imputed to her & directly repels the insinuation that her Son Augusts ever applies to her permit him to run off said Slaves or that, if he had, she would have yielded to his persuasion --- She saith, that living by herself as aforesaid & being very far advanced in life, she wanted her said (Son [page 2] son to come in ??? her, while it was still in his power on this side [of] the grave --- He is her only Son now living & indeed her only child but one, & she had not seen either of them for two years or therea -bouts -- Her only motive for making such request was to see her son; & she verily believes that it was to gratify her, in that respect, which induced the said Augustus to come to North Carolina; She acted on -ly on feelings common to all mothers & she has no doubt that fili -al affection alone prompted his journey here --- She denies that he lurked about the plantation; but she says that he came openly to her house & remained there publicly, as far as the situation of the house would admit of, -- there was nothing secret[?] or like conceal -ment in his conduct, as far as she saw -- She also saith that the said Augustus did not, since he last came in nor did he ever re -quest this defendant to permit him to carry off said Slaves or any of them; nor, indeed, did he express the slightest which to do so : And she believes that he had no such intention, because he was in Orange for several weeks, a few years past, while the Complainant was absent in Georgia & could then have easily taken them away ; if he or this defendant has such a design, & because she thinking that said Augustus knows her too well to think that she would have consented to any such measure, even if he had proposed it -- For this defendant said that she then believed that she had good right to said Sarah at the time of making said deed to her Son Samuel & that she could convey to him thereby a good little said Slave, & well-knowing that she had made the deed, she would have been the first to spurn & reject any proposal to defraud the Complainant or any other person of the right derived un -der the deed --- This defendant however says, that she is now advis -ed that she had no such right to said Sarah as she attempted to con -vey by said deed & that it is her duty to state all the circumstances of her title & those attendant upon the making of the said Deed, fully to this Court, as will in explantion of her conduct as for the pro -tection of the right of those, who claim the remainder in said Slaves after the death of this defendant - She therefore said that hshe de -rives title to the said Slave under a clause in the Will of Colo. Sa= -muel Benton deceased late of Granville County (which has ?lately??? been proved & recorded in Granville County Court), whereby he bequeathed [See Note 3] " three Negro Slaves, to wit Sambo Gabriel & Sarah should remain in the pos= " session of my wife (this defendant) during her life & widowhood; & at her " decease & [orig "or] marriage that the said three slaves be by my executors " exposed to sale & the monies arising thereby be applied to the payment " of legacies & the overplus, if any, equally divided between my Son Sam " & others of my younger children, whom (who) shall then survive" Thus defendant further saith, that after the death of her husband, the said [page 3] (old) Sarah had issue a female children name Dilce who is the mother of Sarah (the younger) mentioned in the bill of Complaint - She further saith that she is now advised that she had only a life Estate in Said deed & before & long afterward &, indeed, until she applied to Counsel to advise her in this cause, she had thought that she had a good title to her; Such belief was founded upon the opinion of her said Son Samuel himself, who was the principal advised in his life time, of this defendant; he informed this defendant & friend that as, but the times of the said bequest the three other[?] negroes alone were to be sold, their increase would belong to this defendant And this de -fendant saith that under that belief & for the purpose of advanc -ing her said Son in life as a small remuneration for the many acts of kindness which she had received from him in her old age she made the said Deed; which was purely voluntary & without any valuable consideration - She further answering saith that at the time of making the said will of her husband & at his death, he had the following children by this defendant, towit, Betty, Lam, Penny, Patty, Samuel, John & Augustus, who were born in the order in which their names are herein mentioned - the said Betty being the eldest * the said Augustus the youngest; And she saith that they are now all dead, except the said Patty who hath intermarried with ????? Mangum & resides in Wake or Granville County & the said Au- -gustus This defendant further saith that Charles Bruce one of the Executors of her said husbands will is ???? & resides in Guilford County ??????????????????????interest thereof This defendant saith that it doth not interest her much, whe -ther her said Children or the Complainant (who married her Grand- -daughter, towit, the daughter of her Son Samuel) should have the said slaves at her death - they are equally near to her : But she is desirous that those to whom they actually belong, should receive them, & that they should receive no prejudice by any omission, or any act of hers, resulting from her want of knowledge of the true state of their right or her own. -- She therefor submits to this Honor able Court, whether the Complainant hath derived any title to said Slaves by virtue of her said deed &c, if not, whether he can call on this defendant to secure the reversion? or remainder in them to him after this defendant's death -- She admits that the said Augustus resides in South Carolina & believes that he hath not much property. -- but whether his habits be as depraved or his principles as corrupt as Complainant charges, she knows not; & if they be, she hopes long to remain a stranger to them - She can not however but regret that the charge should have been made by Complainant, with whom both her said son & herself are con -nected by the nearest alliances - She further saith that her ( situation [page 4] situation is now truly a deplorable one- It has been long soli tary & melancholy - She lived without friend or companions except her slaves, in poverty & distress, laboring under bodily in -firmities & age which disabled her from helping herself - But even the ["few" x-out] Comforts of her only personal attendant hath now been wrested from her by this most unkind attempt of Com -plainant founded upon reasons & suggestions existing, not in the reality of thing but only, in the suspicions & imaginati -on of the Complainant - For she again avers most solemnly that it never entered her head to attempt to deprive Complain -ant of the said Slaves - She thought, they belonged to him, & she would have suffered any pain or privation, before she would be accessory to an attempt injurious to those right which, she believed were vested in him - The Complainant knows will that such have long been her principles that altho' she is old & discouraged[?] ["within?" x-out] the persuasions of a Son even it made could neither make her dishonest, nor fraudulent - of which she hopes the Complainant will be satisfied, when he finds in her firmness enough to resist the most unjust measure of his own, even at the expense of the small remnant of comfort & convenience, which had been left her : ~~ She denies all ???? & combination & prays to be hence dismissed with her costs most unjustly expended in this behalf &c North Carolina Frances Benton maketh that the several matters of fact set forth in the foregoing answer as of her own know -ledge are true & the rest she believes to be true Sworn to before Frances Benton me this 25th of September AD 1819 C Campbell Q.S. [Estate Papers - Bill of Complaint against Abner Bruce 22 Mar 1815] State of North Carolina } } In Equity Orange County } To The Honorable the Judge of the Court of Equity for Orange County The Bill of Complaint of John Taylor Executors[sic] of the last Will & testament of Samuel Benton decd. Against Abner B. Bruce Humbly complaining Sheweth unto your Honor your Orator John Taylor that Samuel Benton late of Orange County deceased, was in his life time & for many Years before his Death Clerk of the Superior Court of Law for Hillsborough District and then of Orange County; that during part of this Time he employed Abner B. Bruce to act as his Deputy in the Office, and that in the Discharge of his duties as Deputy Clerk the Said Abner received large sums of money for fees and the said Samuel Benton advanced considerable Sums of Money from time to time to him for the necessary purposes of his Family as your Orator is informed and believes and that the Said Samuel died without having come to any Account or Settlement touching the said Fees or advances of Money with the Said Abner : And that since the death of the Said Samuel, the said Abner was appointed Clerk of the Superior Court of Law for Orange County and as Clerk of Said Court received Sundry fees due to the said Samuel on Suits pending or on executions issued at the Time of the death of the said ( Samuel [page 2] Samuel - Your Orator further shews that since the death of of the said Samuel, Your Orator, who was appointed Executor of his last Will & testament, proved the said Will in Orange County Court and qualified as Executor thereof: And the Said Abner hath instituted a Suit against your Orator in the Superior Court of Law for Orange County claiming a large Sum from your Orator Executor aforesaid for fees due to him for services as Deputy Clerk aforesaid; and refuses to set forth an Account of the Monies received by him for the fees whilst acting as Deputy aforesaid, or of the Monies receive by him from the Said Samuel for the uses and purposes of his Family as aforesaid And you Orator is unable at Law to compile a Discovery, or to [pass? form?] the Specific Sums, the knowledge thereof resting solely in the Said Abner : And your Orator wishing that a fair adjustment of the Accounts between the said Abner and himself as Executor aforesaid should take place proposed a reference of the said Accounts and ??? offered to Submit the Settlement thereof to the Gentlemen who are employed as Counsel for this said Abner in the said Suit : & the said Abner refused to accede to your Orators Proposition, & your Orator shews that it is utterly impossible in a Trial at Law to have the Account aforesaid properly adjusted. & he believe if a fair settlement of the Said Accounts are made, that nothing is due to the said Abner, And that the Said Abner is indebted to the Estate of the Said Samuel ( Benton [page 3] Benton deceased - And In as much as your Orator is remediless in the Premises, Save only, in the Court where matters of Account are properly cognizable and relievable, and to the End that the Said Abner may be injoined from providing in his Suit at Law and that the Account aforesaid & all Others existing between the said Abner and Your Orator as Executor aforesaid may be settled under the Direction of You Honor in this Honorable Court : And that the Said Abner may full, true & perfect Answers make to all and Singular the Charges of your Orators Bill and my set forth what fees he Received and applied to his own Use whilst acting as Deputy Clerk aforesaid and what Sums of Money he received from the Said Samuel Benton or the Said Samuel paid to his Use, And that he may be examined, upon Interrogations upon all Points touching or growing out of the Said Accounts; & that your Orator may have Such other & further Relief as Shall be agreeable to Equity and good Conscience : May it please your Honor to grant to your Orator not only a Writ of Injunction to be directed to the Said Abner, commanding him to abstain from all further Proceedings in his Suit at Law aforesaid, Untill the further Order of this Court; But also the States Writ of Subpoena to be directed to the Said Abner, commanding him to appear & answer, &c & Your Orator as in duty bound will ever pray A. D. Murphey for Complt. John Taylor maketh Oath that the Facts contained in this his Bill of Complaint against Abner B. Bruce which are of hits own Knowledge are true & all those not of his own Knowledge he believes to be true Subscribed & sworn to before me this 22d March 1815 J Taylor J Taylor [page 4] Sworn to before me this 22nd of March 1815 Jn. Hall J.L.C.C.E The Clerk & Master of the court of Equity for Orange County will let an injunction & ??? issue agreeable to the prayer of the within bill upon ????? giving bond & security agreeable to the act of Assem -bly in that care made & provided But the Deft has leave to go on at Law to Judgt --- Jn. Hall J.L.C.C.E filed 22 March 1815 A.B.B [Estate Papers - Answer to Petition] State of North Carolina } Orange County . . . . } In Equity --- The answer of Abner Benton Bruce to the Bill of Complaint of John Taylor Executor of the Will of Samuel Benton deceased --- The Defendant saving to himself now and at all times, all manner of benefit and advantage of exceptions to the many uncertainties and insufficiencies in and of the said Bill, for answer there[?] or ??? so much thereof as the Defendant is advised is material [and?] necessary for him to answer; Answering admits that Samuel Benton the Testator was many years before his death Clerk, first of the Superior Court of Law of Hillsborough District and afterward of the Superior Court of law of Orange County, and continued to be the Clerk of the Court last aforesaid until his death, which happened in the Month of October in the year A.D. 1810. --- The Defendant saith that in or about he Month of November in the year 1803, the said Samuel then being Clerk of Hillsborough District Court he applied to the Defendant he applied to the Defendant[sic] to become his Deputy as Clerk of the said Court and to assist him in the performance of the duties of the said office, the Defendant in answer to that application to the said Samuel that he was willing to become his Deputy in the said Office, but if he did so, he must as a compensation for his services therein, have half the fees generally, and all the fees for making out copy of records, as that was a very laborious part of the business and the fees very low: the said Samuel replied that he could not and would not do the business himself, which the Defendant understood as an assent to his said proposition and believes the said Samuel so intended the ??????; and that he said Samuel said several times in his lifetime that the Defendant was to have half the feeds for this attentions to the duties of the said office. The Defendant saw? after the said emunerations?, at the request of the said Samuel, commended the performance of his duty as Deputy of the said office, made out all the Executions and other process, or the greater part thereof returnable to April Term 1804, and since that time executed and performed almost the whole of the duties and labour of the said Office, except in [page 2] in Open Court, and much of the labour there, until the Month of August 1810, and sometimes the whole of the business in Court. The Defendant further saith that he sold to the said Samuel a Mahogany table at twelve dollars price, and that he made out and left with the said Samuel, sundry copies of Record to be delivered which he understood from the said Samuel he did deliver and receive the fees therefor, and receive the payments Credited vizt. To 1. large Mahogany Table -- -- -- -- $12 -- -- -- £ 6. 0.0 To fee receive Copy Benhan & Pollock vs Hunter & Giles -- 10.0 do William vs W Neil -- -- -- -- -- -- 10.0 do Dixon vs Smith -- -- -- -- -- -- -- 10.0 do Buchanan & Pollock vs Hunter & Giles for Ross 10.0 do 2 do Ramsey's Exrs vs Brown -- -- -- -- £ 1. 0.0 __________ £ 9: 0:0 By each in part of Table -- -- -- $3 -- -- -- £ 1.10.0 By paid E. James for Defendant -- -- -- -- -- - 5. 6.10 __________ £ 2:10:0 Which credits are all the pay unto Defendant no[w?] recollects to have been made by the said Samuel to him, during the time of his deputa- tion aforesaid And the Defendant further answering positively denies that he at any time during his deputation aforesaid received and retained, or converted, to his own use any part of the fees or other monies due to, or paid into the said office (except fees for copies of records); and saith, that although he, in the performance of his duty as Deputy aforesaid, settled many accounts with Sheriffs and others, and seized the same, that he did not retain the Money or any part thereof paid on the said account, but either immediately paid it over to the person entitled ["to have? it" x-out], or delivered it over to the said Samuel - The Defendant also positively denies that he during the time of his deputation aforesaid received any sum or sums of Money of the said Samuel for and on account of his said services, or on any other account except as aforesaid; and saith that before his said Deputation he had carried on trade and Merchandise in the Town of Hillsborough, was Register of the County of Orange, and since the Spring of 1807 was Deputy Clerk and Master of the Court of Equity of the said County; and was by means thereof and other resources enabled to support his family without any payment by the said Samuel. [page 3] The Defendant further saith that he did not insist on payment from the said Samuel because he was the Uncle of Defendant, and was much indebted and pressed by his Creditors --- The Defendant further saith that the Complainant acted as Deputy of the said Samuel in his Office from August 1810 till March Term 1811 and received of the Sheriff twenty dollars of the fees due the estate of the said Samuel in executions returnable to the said March Term. At that time the Defendant was appoint Clerk of Orange Superior Court of law, and hath since received of the fees doe the ["said" x-out] estate of the said Samuel and the Complainant as Deputy aforesaid, those stated in the Schedule hereunto annexed marked A, which the Defendant verily believes contains all he has received and prays the said schedule may be taken and received as part of this his answer. And the Defendant further saith that he admits the death of the said Samuel Benton; that he made his Will in writing in his lifetime which was duly proved and the Complainant qualified as Executor thereof; and that he instituted a suit in the Superior Court of law of Orange County, as severally set forth in the Bill -- And saith that there has been several conversations on the subject of referring the said suit to arbitration; that he has until this Term been willing to settle it in that manner and has often given his consent to do so : and particularly since the last Term of this Court at the time and place at which T. Ruffin T. Nash and W. Morwood esquires arbitrated and settled another matter matter[sic] between the parties, it was proposed to settle this also, and the Complainant refused to submit it to those gentlemen. At the last Term of this Court a proposition was made to refer the said suit to Arbitrators, the Defendant consented, the suit was paused, and afterward the Defendant and one if not both of his Attorneys made frequent attempts to have the entry of reference made, and it was evaded on the part of the Complainant. It is true an offer to refer the said suit has been made to the Defendant at this time and he has refused because he believed the offer was made for the purpose of obtaining a continuance of the cause[?]. The Defendant saith that he is justly and fairly entitled to a judgment in the said suit for a large amount, and hopes to recover the same if he can prove the truth of the case to the Court and jury --- The Defendant denies all fraud & Combination [page 4] without that, that &c &c pray hence to be dismissed with his costs &c Abner B. Bruce the Defendant maketh Oath that the several matters of fact contained in the Answer as of his own knowledge are true; and the rest he believes to be true by the best of his knowledge & belief Sworn to & subscribed before me this 23 March 1815 A.B. Bruce James Webb C.C.E.