Orange County NcArchives Wills.....Child, Francis July 4, 1792 ************************************************ 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 B, pages 204-208 Written: July 4, 1792 Recorded: Aug 1792 Testator: Francis Child In the name of God. Amen I Francis Child of Orange County and State of North Carolina being sick and weak in body, but of perfect mind and Memory, DO MAKE ORDAIN, and PUBLISH, this my last Will and Testament in manner and form following vizt. Imprimes. I give and bequeath unto my three sons (to wit) Samuel, Wilson, and Francis. Three thousand eight hundred acres of Land, on the Waters of Cumberland (reference have to the Grant in my possession) together with Three thousand Acres entered in Colo. John Armstrong's Office the Warrant for which, is lodged in the hands of William Polk esquire Surveyr.: per his receipt now in my possession, both parcels or Tracts of Land to be equally divided among them, share and share alike as near as may be. 2. Item The Plantation which I bought at Public Sale, and formerly the property of Thomas Hart, situate lying and being on Enoe in the County of Orange, containing about Four hundred Acres I give &: Bequeath unto my beloved Wife Frances, during her natural Life, and after her decease to be sold at 12 months credit, for money, which is to be paid my Executors, (hereinafter specified) for the use of my above mentioned three children. 3 Item. I give and bequeath unto my daughter in law Fanny McKerrall the sum of Twenty five pounds North Carolina Currency, to be paid to her immediately after my decease. 4 Item. It is my Will and request, that after my Decease, that all my Horses, Cattle, Hogs and Lotts in the Town of Hillsborough and Kinston, (except the House and Lott that I now live on) one Riding Chair, Waggon, and Plantation Tools, be sold at 12 Months Credit for money to be paid my Executors, for the Use of my Said three Children; as also the Plantation I bought of Robert Fossette. Three hundred and sixty Acres at the abovementioned Credit and for the purposes aforesaid. Excepting and reserving one horse, one of my Riding Chairs, and one Milch's Cow, for the use of my beloved Wife. [page 2] 5 Item. I also bequeath unto my said beloved Wife Frances during her natural Life, the House and Lott wherein I now live in the Town of Hillsborough and after her decease it is my Will that the said House and Lott be sold at 12 Months Credit for money, and paid my Executors for the use of my said three Children. 6 Item. And whereas I have in possession a sum of hard money, as particularly described on the back hereof, which money, I always intended (had God spared my life) to put in Trade, it is my request that if I should die before I so dispose of said money, that it be laid out in the Purchase of Young, likely, healthy Slaves, say from Twelve to Twenty Years of age, and then those Slaves to be hired out Annually, the Nett proceeds of which to be paid to my Executors for the Following purposes, to wit, one fourth part, for the use of my Wife, and the other three=fourths, for Educating and Maintaining and Clothing my said three Children, and when my eldest son Samuel arrives to the age of Twenty one Years the Negroes so purchased, (with the money aforesaid) together with their increase to be equally divided among them, share and share alike, as near as may be by Lott, excepting and reserving thereout[sic], one likely Negroe Wench and Child of the value of One hundred pounds No.Carolina Currency which I hereby give and bequeath unto my Natural Son [See Note 1] James Floyd, his Heirs Exrs. Admrs. & Assigns for ever. 7 Item. I give and bequeath all my Household furniture to my Wife during her natural life, and after her decease. To be sold, to the best advantage for money, which is to be converted to the use of my Children as aforesaid ~ 8 Item All the Paper money now in my possession, say £270 Two hundred and seventy pounds, James Caswell's Bond for One hundred & seventy pounds, Alexr. Mebane's Note for One hundred & seventeen pounds, Robt. Freeman's note for Thirty three pounds Virginia Money [page 3] Mumford Stokes' note for Thirty five pounds - all which sums, I Will to be laid out in Negroes, and for the same purposes. Specified in the sixth Item of this my last Will & Testament except the request respecting James Floyd and one hundred pounds, which is to be Kept by my Wife, for her and my Children's immediate use, 9 Item. I Will and bequeath the following seven Negroes. To Wit. Jack, Maria & Child, Hannah, Silvia, Grace and Alleck to be disposed of as follows, Hannah & Sylvia to be Kept for the Service of my Wife during her natural life, and the remaining Five to be hired out by my Executors for money, which is to be applied to the use of my said Wife and three Children and after the decease of my said Wife, then the said Seven Negroes and their increase to be equally divided among my said three Children share and share alike by Lott 10 The House I Lately removed on Colo. McCawley's Lott in the Town of Hillsborough as it now stands, it is my Will and request to have sold to the highest bidder for the Term of Six Years from the first of May 1792 ~~ for the same purposes as Specified above ~~ 11 Item I constitute, Nominate & appoint my beloved Wife Frances as Executrix and Robt. Freeman and John Casey Executors -------- to this my last Will and Testament - hereby Revoking all Wills Bequests and Legacies by me made or given prior to this--- Signed & Sealed } Hillsboro July 4th Fran. Child in the presence of } Anno Domini 1792 --------- Jno. Casey } } Jurat David Sloan } Will McKerall [page 4] Codicil to the Within Will 12 Item ~ I hereby Constitute nominate and appoint my Trusty and Well beloved Friends John Haywood & William Wallers Esquires as Guardians to my three sons to Wit. ~~ Samuel Wilson, and Francis, untill they respectively arrive to men's Estate, and I request that they will begin their Charge when they respectively arrive at the Age of Twelve years July 4th 1792 Fran. Child Sign'd & sealed in } the presence of } Frances Child the Exr within named qualified as such.---- Jno. Casey } } Jurat David Sloan } Will McKerall [Will Book Volume B, page 204] In the name of God Amen I Francis Child of Orange County and State of North Carolina being sick and weak in body but of perfect mind & memory do make ordain and publish this my last will and testament in manner and form following (Viz) Imprimis I Give and bequeath unto my three sons (to wit) Samuel, Wilson, and Francis, three thousand Eight hundred Acres of land on the Waters of Cumber =land (reference have to the grant in my possession) together with three thousand Acres entered in Colo. [John] Armstrongs Office, the Warrant of which is lodged in the hands of William Polk esquire Surveyor per his receipt now in my possession, both parcels or tracts of Land to be equally divided among them, share and share alike as near as may be. Item The Plantation which I bought at public Sale, and formerly the property of Thomas Hart situate lying and being on the Waters of Enoe in the county of Orange, contain[in]g about four hundred Acres I Give and Bequeath unto my beloved Wife Frances, during her natural Life, and after her decease to be sold at 12 months credit for money, which is to be paid my Executors hereinafter Specified for the use of my above mentioned three children. Item I give and bequeath unto my Daughter inlaw Fanny McKerrall the sum of Twenty five pounds North Carolina currency to be paid to her immediately after my decease. [Will Book Volume B, page 205] Item It is my Will and request that after my decease, that all my Horses, Cattle, Hoggs and Lotts in the Town of Hillsborough and Kinstonn except the House and Lott that I now live on one Riding Chair, Waggon, and Plantation tolls[tools] to be sold at 12 months credit for money to be paid my Executors for the Use of my Said three children as also the plantation I bought of Robert Fossett containing three hundred and Sixty Acres at the above mentioned credit, for the purposes afore =said, excepting and reserving one horse, one of my Riding Chairs, and one milchs Cow for the use of my beloved Wife. Item. I also bequeath unto my said beloved Wife Frances during her natural life the house and lott wherein I now live in the Town of Hillsboro and after her decease it is my will that the said house and lott be sold at 12 months credit for money and paid my Executors for the use of my said three Children. Item and whereas I have in possession a sum of hard money as particularly described on the back hereof, which money I always intended had God spared my life to put in trade it is my request that if I should die before I so dispose of said money, that it be laid out in the purchase of Young likely healthy Slaves say from twelve to twenty years of age, and then those Slaves to be hired out annually [Will Book Volume B, page 206] annually the nett proceeds of which to be paid to my Executors for the following purposes, (to wit) one fourth part for the use of my Wife, and the other three fourths for Educating maintaining and cloathing my said three children, and when my eldest Son Samuel arrives to the Age of twenty one years the Negroes so purchased, with the money afore= =said together with their increase to be equally divided among them share and share alike as near as may be by Lott, excepting and reserving thereout[sic], one likely wench and Child of the value of one hundred pounds North Carolina currency, which I hereby Give & bequeath unto my Natural Son [See Note 1] James Floyd his heirs Executors Admrs. & Assigns forever. Item I Give [and bequeath] all my household furniture to my Wife during her natural life, and after her decease to be sold to the best advantage for money which is to be converted to the use of my Children as aforesaid. Item all the paper money now in my possession, say £270 two hundred & Seventy pounds, James Caswells Bond for one hundred and Seventy pounds, Alexander Mebanes Note for One hundred and Seventeen pounds Robert Freemans Note for thirty three pounds Virginia Money Mumford Stokes Note for thirty five pounds, all which sums [Will Book Volume B, page 207] I Will to be laid out in Negroes and for the same purposes Specified in the Sixth Item of this my last Will and Testament except the request respecting James Floyd, and one hundred pounds which is to be Kept by my Wife, for her and my childrens immediate use, Item. I Give and bequeath the following Seven Negroes (to wit) Jack, Maria & Child Hannah, Silvia, Grace & Alleck [the following passage in the original skipped in the will book] to be disposed of as follows, Hannah & Sylvia [end of skipped passage] to be kept for the use [Service] of my wife during her [natural] life and the remaining part[five] to be hired out by my Executors for money which is to be applied to the use of my said wife and three chil= =dred[sic] and after the decease of my said Wife, [~~~~x-out~~~~~] then the [said] Seven Negroes and their increase to be equally divided among my said three children share and share alike by Lott The House I lately removed on Col. McCawley Lott in the Town of Hillsborough as it now stands it is my will and request to have sold to the highest bidder for the Term of Six years from the first of May 1792 for the same purposes as Specified above Item I Nominate constitute and appoint my beloved Wife Frances as Executrix and Robert Freeman & John Casey Executors to this my last Will & Testament [Will Book Volume B, page 208] hereby Revoking all wills bequests [and] legacies by me made or given prior to this Signed & Sealed } in the presence of } Frans. Child Jno. Casey } Jurat Hillsboro' July 4th David Sloan } Anno Domini 1792 Will McKerall Codicil to the Above Will Item I hereby nominate constitute and appoint my Trusty and well beloved friends John Haywood and William Watters Esquires as Guardians to my three Sons, Samuel Wilson, and Francis, until they respectively arrive to mens Estate, and I request that they will begin their charge when they respectively arrive at the Age of Twelve years Signed & sealed } Frans. Child In the presence of } July 4th 1792 Jno. Casey } David Sloan } Jurat Will McKerall Orange County Augt. Term 1792 The Execution of the above last will and testament of Frances Child deceased was duly proved in Open Court by the Oaths of Jno. Casey & David Sloan two of the subscribing witnesses Thereto and Ordered to be recorded Abner B. Bruce CC [Will Book Volume C, page 8] For the Sum of One hundred & Sixty Spanishe milled Dollars the Receipt whereof we hereby acknowledge, we have this day bargained and sold and buy there presents do sell & deliver unto Mrs. Frances Child of Orange County and Town of Hillsborough one Negro boy by the name of Ned about the Age of fourteen years and we do bind ourselves &c to Warrant and Defend the said Negro boy unto the said Mrs Frances Child her heirs and Assigns forever against the Lawful claim of claims of any person or persons whatever In witness whereof: we have hereunto set out hands and Seals this 12th day of October 1792 Signed & delivered } John Gregory (seal) In presence of } Peter Burton (seal) John Casey State of North Carolina } Orange County } May Court 1794 The Execution of the above Bill was duly proved in open Court by the Oath of John Casey the subscribing Witness thereto and was Ordered to be Recorded A.B.Bruce CC Note: It appears that Ned was accounted for in the records of this estate, and not that of Mrs. Frances Child, so this is included here. [Will Book Volume C, page 9] State of North Carolina Orange County Know all men by these presents that Mitchel Russum for and in consideration of the Sum of Four hundred & Eighty five Spanished milled Dollars to me in hand the Receipt whereof I do hereby acknowledge have this day bargained sold & delivered unto Mrs Frances Child Executrix of Francis Child Decd. three Negroes (Viz) a Negroe Man Charles, Woman Cinthe & Child which said Negroes Charles Cinthe & Allen, I do Warrant and Defend from the Lawful claims of any person or persons I bind myself my heirs Executors &c unto her the said Francis her heir Exrs and to make good the Title of said Negroes in case any person having any Demand or claim to said Negroes In Witness whereof I have hereunto set my hand and affixed my Seal this 16th February 1793 Test M Russum (seal) J. McKerrall State of North Carolina Orange County May Court 1794 The Execution of the above Bill [of] Sale was duly proved in open Court by the Oath of John McKerrall the subscribing Witness thereto and was Ordered to be Recorded A.B.Bruce C C Know all men by these presents that I Henry White of Orange County and State of North Carolina for the Sum of Six hundred & Eighty spanish Milled Dollars the Receipt whereof I hereby acknowledge, have bargained sold and delivered and by these do bargain sell and delivered unto Mrs. Frances Child Executrix of the last Will and Testament of Frances Child esquire Deceased Two Young Nergoes by the name of Betty, Treacy[?], Bob, Patt, & Abraham to have and to hold the said Negroes unto her the said Mrs. Child her heir and Assigns forever And I do hereby [Will Book Volume C, page 10] promise to Warrant and defend the said Negroes unto her and her heirs forever against the Just claim or claims of any person or persons whatever, In testimony whereof I have hereunto set my hand and Seal this 14th day of May 1794 his Test Henry (H) White (seal) J. Casey mark State of North Carolina Orange County May 1794 The Execution of the foregoing Bill [of] Sale was duly proved in Open Court by the Oath of John Casey the subscribing Witness thereto and Ordered to be Recorded A. B. Bruce CC State of North Carolina Orange County Know all men by these presents that I Mitchell Russum have Bargained sold & delivered unto Mrs Frances Child Executrix of Francis Child Deceased two Negro Girls (Viz) Celia & Lucia, the girl Lucia a yellow complection, the other Celia a black complection fur the Sum of three hundred and forty five spanish milled Dollars the receipt whereof I do hereby acknowledge ~~ I bind myself my heirs Executors &c to make good the title of said Negroes in case of any person having any Demand against one or either of them In witness whereof I have hereunto set my hand and seal this 9th February 1793 Teste Alex. Mebane Mitl. Russum (seal) Jno. McMerrall [Will Book Volume C, page 11] State of North Carolina Orange County May Court 1794 The Execution of a Bill of Sale from Mitchel Russum to Mrs Child was duly proved in open Court by the Oath of John McKerrall one of the Subscribing Witnesses thereto and was Ordered to be Recorded A. B. Bruce CC State of North Carolina Orange County Know all men by these presents that I Joseph Nichols have bargained sold and delivered unto Mrs. Frances Child Executrix of Francis Child deceased a Negroe Boy by name Jacob for the sum of one hundred and Sixty five spanished milled Dollars, the receipt whereof I do hereby acknowledged. I bind myself my heirs my Executors &c to make good the title in case of any person having any demand to said boy Jacob. In witness whereof I have hereunto set my hand and affixed by Seal this 9th February 1793 Teste Alex Mebane Josh. Nic[h]ols (seal) J. McKerrall State of North Carolina Orange County May Court 1794 The Execution of the above Bill of Sale from Joseph Nicols to Mrs Frances Child was duly proved in open Court by the Oath of John McKerrall one of the Subscribing witnesses thereto and was Ordered to be Recorded A. B. Bruce CC [Will Book Volume C, page 12] For the Valuable consideration of two hundred spanish milled Dollars to me in hand paid by Mrs Frances Child Executrix of the last Will and testament of Francis Child Deceased I have this day bargained sold and delivered and by these presents do bargain sell and deliver unto the said Frances a certain Mullatoe wench about eight years old by the name of Judy and I hereby bind my self to warrant and forever defended the said Mullatto wench Judy against the lawful claim or claims of any person or persons whatever to her the said Frances Child her heirs and assigns forever. In witness whereof I have hereunto put my hand and Seal this 20th day of July 1793 Teste Wm. Hall J. Casey State of North Carolina Orange County May Court 1794 The Execution of the above Bill of Sale was duly proved in open Court by the Oath John Casey the subscribing Witness thereto and was Ordered to be Recorded A. B. Bruce CC Know all men by these present that I William Stiles for an in consideration of the Sum of Sixty pound Virginia Currency to me in hand paid do bargain sell and deliver unto Mrs Frances Child of the State of North Carolina & Orange County a certain Negroe woman by name Kesiah to have and to hold said Negroe her, her heirs and Executor Administrators and Assigns, to her the said Mrs. Child her heir Executors &c to make good said Negroe in case any [Will Book Volume C, page 13] person should claim or have any legal claim to said Negroe In Witness whereof I have hereunto set my hand this 9th day of October 1792 Teste Wm. Stiles (seal) John McKerrall State of North Carolina Orange County May Court 1794 The Execution of the above Bill [of] Sale from William Stiles to Mrs Child was duly proved in Open Court by the Oath of John McKerrall the Subscribing Witness thereto and was Ordered to be Recorded A. B. Bruce CC [Will Book Volume C, page 49] Know all men by these presents that I Frances Child widow and Administratrix of Francis Child esq. deceased for and in Consideration of One hundred and Sixty spanish milled dollars, to me in hand paid by Miss Frances McKerrall the receipt whereof I do hereby acknowledge have bargained sold set over and delivered and by these presents do bargain sell set over and deliver unto the said Miss Frances McKerrall a Negroe woman slave by the name of Judy about the age of twenty four years the said Negroe woman Judy to have and to hold to the proper use and behoof of her the said Frances McKerrall, her heirs, and assigns forever and I the said Frances Child for myself my heirs Executors &c the said bargained premises unto the said Frances McKerall[sic] her heir and Assigns, or against all, and all manner of persons shall and will warrant and forever Defend by these presnts In witness whereof I have hereunto set my hand and Seal this 12th day of February 1793 Signed Sealed & delivered } In presence of ~~~~ } Frances Child (seal) John McKerall } Orange County ss November Inferior Court 17794 ~~~~~~~~~~~ The Execution of the within Bill [of] Sale from Frances Child to Frances McKerrall was duly proved in open Court by the Oath of John McKerall the subscribing witness thereto and was Ordered to be Recorded Teste A.B.Bruce CC [Will Book Volume C, page 50] Know all men by these presents that we have this day bargained and sold and by these present do bargain sell and deliver unto Mrs. Frances Child Executrix of Francis Child deceased three Negroe Slaves Viz two Boys and a wench whose named are Cajaby & James and the wenches[sic] named Francis for the Sum of One hundred and seventy pounds Virginia money the receipt whereof we do hereby acknowledge, and we hereby warrant & defend the said Negroes against the Just claim or claims of any person or persons whatever unto her the said Mrs. Child her heirs and Assigns forever In witness whereof we have hereunto set our hands and Seals this 12 July 1794 Teste John Billups (seal) J. Casey William G. Gooch (seal) State of North Carolina } November Court 1794 Orange County ~~~~~~~~ } The Execution of the within Bill [of] Sale was duly proved in open court by the oath of John Casey the subscribing witness thereto and was Ordered to be recorded A. B. Bruce State of North Carolina Orange County Know all men by these presents that I John McKerall of the county and State aforesaid for and in con= =sideration of the Sum of Fifty three pound Virginia money to me in hand paid Mrs. Frances Child Executrix of the last Will and testament of the last Francis Child esquire decd. the receipt whereof I do hereby acknowledge have this day Bargained sold and delivered, and by these presents do bargain [Will Book Volume C, page 51] sell and deliver unto the said Mrs. Child a certain negro woman by the name of Jenny about seventeen years of Age, to have and to hold unto her the said Frances her heirs and Assigns the said Negroe woman. Hereby binding myself &c to Warrant and Defend her against the Just claim or claims of any person or persons whatever, to her the said Mrs. Child her heirs and assigns. In witness whereof I have hereunto set my hand and seal this 10 day of May Anno Domini 1793 Signed Sealed & delivered } John McKerall In the presence of } ackd. Joseph Dixon } State of North Carolina } Orange County ~~~ } This may certify that I have Processioned[?] [? Incomplete entry?] Note: there is a Cajo listed in the slaves that were hired out from this estate. Additional Comments: Will Book Volume B, pages 204-208 Recorded Aug 1792 "my daughter in law Fanny McKerrall".... is this his bio daughter? "in Law" at this time could mean many things. Note 1: James Floyd is listed as "natural son". While this can mean any biological child, it was often used to indicate an illegitimate son, which seems to be consistent with the surnames not matching. Note 2: Brigadier General Thomas Person, 1733-1899 Note 3: Fi Fa: fieri facias, (Latin for "that you cause to be made"), is a writ of execution after a judgment is rendered in a legal action for debt or damages for the sheriff to levy on goods of the debtor. Note 4: mesne profits: Mesne (reads as "mean") profits are the damages for trespass. The term means "intermediate profits." Estate Papers comprise 385 pages and are found in a folder labeled "Child, Francis (1793)". There were several estates being settled in the area for people known as Frances or Francis Child at about the 1790-1830 time period. It appears that all of the estate papers were placed in this folder One tranche of these papers is dated Aug 1792 - 1811 and executed by Frances Child, widow and executrix of Francis Child, the testator above. The inventory was taken 27 Aug 1792, but did not include slaves. Another group of papers is dated 1824-1827 Administered by James Grant. It appears that Samuel Child was named Executor, and then James Grant appointed administrator 25 November 1824 after securing a bond of $20,000. Inventory transcribed below, returned Nov 1824. Special Note: There are copious additional details found within these pages. The information transcribed here includes the main details, but it is a near certainty that important facts have been overlooked. For a thorough examination, please refer to the entire folder. Is Samuel Child the Executor of his brother Francis Child (Estate papers 1824 - 1828) This Francis Child, executor of Samuel Child died 16 Jan 1823 Francis Child owned land in Smith County, NC Samuel Child (son of this Testator) says that he "came of age" in 1807, meaning he was born in 1786. Will Book Volume B, pages 61-62 mentions a Writ of Fieri Facias pertaining to this estate, mentions slaves Jack and Maria sold to Francis Child. [Estate Papers - Note to Hire Jack 17 Dec 1792] Twelve Months after date we or Either of us do Promise to pay Mrs. Frances Child Exctrx of Francis Child Deceas'd Twenty five pound Current Money of the State No. Carolina for the hire of a Negroe Man by name Jack which said Negroe to be well clothed shes found Tax paid &c when returned ----- Test Decr. 17th 1782 Andw. Burke (seal) John Casey John Allismon (seal) [Estate Papers - Bill of Complaint - May 1794] Orange County May Sessions 1794 Orange to Wit, Frances Childe Executrix of the last will and testament of Francis Child deceased complains of Andrew Burt and John Allison in custody &c of a plea that they render unto her the sum of twenty five pound current money of the State of North Carolina which they unjustly detain from her, for this, to wit that whereas the said Defendants on the 17 day of Decr 1792 by their certain writing Obligatory subscribed with the hands of the said Defendants and sealed with their proper seals and to the Court here shown the date whereof is the same day and year promised to pay the to the Pltiff the said sum of twenty five pounds current money afsd. for the hire of a certain Negroe Man named Jack to be paid 12 months after day Nevertheless the said Defendants the said £25 although often required since the expiration of the said 12 months to the said Plaintiff hath not yet paid but the said Defendants the same to pay hitherto hath refused and doth still refuse to pay to the damage of the said Francis[sic] Executrix as afrsd pounds And therefor she produces the suit and the same Frances produces here in Court the Letter Testamentary of the said Francis whereby it sufficiently appears to the Court here that the said Francis is Executrix of the Will of the said Francis & thereof hath the Administration &c W. Nash Att PT [Estate Papers - Petition of James Floyd circa 1798] To the Worshipfull the Justics[sic] of the Court of Pleas and Quarter Sessions of Orange County --- The Petition of James Floyd against Frances Child --- Your Petitioner sheweth unto you worships, that Francis, late of the County aforesaid, deceased, in his life time made and published his last Will and Testament in writting, and therein among other things Willed and devised as follows, towit, and whereas I have in possession a sum of hard Money as particularly described on the back hereof which Money I always intended, had God spared my life to put in Trade; it is my request that if I should die before I dispose of said Money, that it be laid out in the purchase of young, likely, healthy, Negro Slaves, say from twelve to twenty years of age; and then those slaves to be hired out annually, the neat[net] proceeds of which to be paid to my Executors for the following purposes (to wit,) one fourth part for the use of my Wife, and the other three fourths for Educating [page 2] maintaining and cloathing my said three Chi- =ldren; and when my eldest son Samuel arrives to the age of twenty one years; the Negroes so purchased with the Money aforesaid, together with their increase to be equally divided among them, share and share alike as near as may be by Lott; excepting and reserving thereout, one likely [orig: Negroe] Wench and Child of the value of one Hundred Pounds North Carolina Currency, which I hereby give and bequeath unto my Natural Son James Floyd his Heirs Executors, Administrators and Assigns for ever --- And the said Francis Child soon after, (towit) in or about the Month of August in the year one thousand seven Hundred and Ninety two departed this life without having revoked his said Will, or in any manner altered the Bequest aforesaid. Whereupon the said Frances Child the Widow and Relict of the said Francis deceased, caused the said will to be duly proved before your Worships at a Court held for the County of Orange aforesaid, on the fourth Monday of August --- in the year one thousand seven Hundred and Ninety two aforesaid, and then and there in [page 3] in[sic] due form of law took on herself the burthen of Executing the same; which said Will and probate still remain among the Records of this Worshipfull Court, refe- =rence being thereto the same will more fully and clearly appear --- And your Petitioner further sheweth that the said Frances as Executor aforesaid, immediately took into her possession and care, the money mentioned ["this" x-out] as aforesaid in the said Will, and therewith soon Afterward purchased Sundry Negro Slaves, and among others on or about the ninth day of October - in the year one thousand seven Hundred and Ninety two aforesaid a young Negro woman slave Known by the mad of Kezia for the price of Sixty Pounds Virginia Currency of the Value of one Hundred Pounds Current money of North Carolina, ["or thereabouts" x-out]; and that the said Kezia was at the tome; the said Frances so purchased her great with Child, and soon after was delivered of a boy Child, since known by the name of Horace - And your Petitioner expressly State that the [page 4] said Frances purchased the said Kezia with the intent and for the purpose of delivering her and the Child she should have, over to your Petitioner in discharge of the Legacy aforesaid, given by the said Francis to your Petitioner as aforesaid; and that after the said Kezia was delivered as herein above stated, the said Frances was willing and expressed her desire to deliver over the said Kezia and Horace to one William Whitehead, to whom your Petitioner was then bound as an Apprentice, if such as delivery would legally discharge her from the said Legacy, and directed you Petitioner to propose the same to the said Whitehead, which he did and to which the said Whitehead assented. The said Francis thereupon applied to a Lawyer for his Opinion, who advised her that a Delivery to the said Whitehead, or to you Petitioner while under age would not discharge her; and therefore she retained the said Negro in her possession --- And you Petitioner further sheweth [page 5] that the said Frances hath hired out the said Negro Slave Kezia every year since the ["year aforesaid" x-out] purchase aforesaid and hath received the money arising therefrom amounting with Interest to two Hundred pounds or there abouts ----- And you Petitioner also sheweth that the said Kezia hath lately been delivered of a second Boy Child, since known and called by the name of Jinkins --- Your Petitioner further sheweth that by the Operations of Acts of the General Assembly, and other causes, the price of Slaves has risen since the purchase of the said Kezia aforesaid nearly one Hundred Per Centum; and that therefore the said Frances now pretends she did not purchase the said Kenzia with an intent to discharge this Legacy assigns your Petitioner as a foresaid, and that she is only bound to pay him the sum mentioned in the said bequests, whereas your Petitioner avers the contrary to be true as herein before stated ---- Your Petitioner also sheweth that notwithstanding he some [time] ago arrived to his full age of twenty one [page 6] years, the said Frances refused to deliver unto him the aforesaid Kezia and her two Children, now pretend ing that she is not bound to dis- =charge the said Legacy due your Petitioner, untill Samuel Child the eldest Son of the said Francis shall arrive to the age of twenty one years, and they by Nancy as aforesaid; whereas your Petitioner avers that it was the Intention of this Testator, the said Frances, demurred[?] to Bequeath unto your Petitioner a young Negra Woman Kezia and Child, and they they should be delivered over unto you Petitioner immediately [x-out] [x-out] and that your Petitioner should not wait untill the said Samuel Child should arrive of age, and that his instructions to the Man who drew his said Will was to that effect, and is intended by him to be written ---- Your Petitioner therefor pray your Writ of Subpoena to compel the said Frances to appear at the Court of Pleas and Quarter Session to be held for the County [page 7] of Orange aforesaid in the fourth Monday of February next, then and there to answer all and singular the Matters and things herein above stated; but more particularly whither[sic] she did not purchase the said Kezia with an intent of discharging with her and the Child she should have the Legacy due the said James Floyd whether she did not purchase her for one Hundred pounds, or for what other price? Whether she was not willing and offered to deliver her [x-out] & her child over to the use of your Petitioner, if she could thereby Legally discharge herself --- And that the said Frances may be decreed to deliver over unto your Petitioner the said Kezia and her two Children, Horace & Jenkins- ; and to account with, & pay your Petitioner the profits arising from the use and Labor of the said Kezia since the purchase aforesaid- ; and that your Petitioner may have such further and other relief as may appear to your worships according to equity and good Conscience And your Petitioner &c Wm Norwood Counsel for Ptff [Estate Papers - Answer to Petition of James Floyd 31 May 1798] To the Worshipful the Justices of the Court of Pleas and Quarter Sessions of Orange County The Plea and Demurrer of Frances Child Widow to the Petition of James Floyd This Defendant by protestation not confessing a[nd?] [a line of writing here, illegible in fold of paper] Petition set forth and complained of to be true in manner and form as therein and thereby set for and alledged for Plea thereunto saith that in and by the said Will of the Said Francis Child decd. in the Petition mentioned - it was directed that a certain sum of Money should be laid out in the purchase of Young likely healthy Negro Slaves - And that those Slaves should be hired out annually, the neat[net] proceeds of which to be paid to his Executors for the following purposes - (viz) in the word of the said Will ) "one forth "part for the use of my Wife and the other three "fourths for educating maintaining and cloathing my "said three Children (that is to say his sons Samuel, Wilson and Francis Child in the said will before mentioned) "and when my eldest Son Samuel arrives to the age of "twenty one years, the negroes so purchased wit the "money aforesaid together with their increase to be "equally divided among them Share and Share alike "as near as may be by Lott - Excepting and reserving "thereout[sic], one likely [orig: Negroe] Wench and Child of the value of "one hundred pounds North Carolina currency [orig: which] and "I hereby give and bequeath unto my natural Son "James Floyd his Heirs Executors Administrators & "assigns for ever." whereby it appears that the said Petitioner is not entitled to have and receive the legacy bequeath him as aforesaid until Samuel [page 2] the eldest son of the said Francis shall arrive at the age of Twenty one years - an the Defendant saith and doth aver that the said Samuel Child is not an Infant under the age of Twenty one Years - viz of the age of ___________________ and no more - And therefore this Defendant doth doubt[?] where she shall be compelled to make any farther or other answer to the Petitioners said Petition until the said Samuel shall arrive at his age of Twenty one years. - And as to so much of the said Petition as related to the Instruction given for the drawing the said Will and the intentions of the man who wrote it - this Defendant doth demur in Law, and for cause of demurrer saith that the words of the said Will as written are clear express and without ambiguity -- And that the Intention of the Person who wrote it from the Instruction given by the deceased cannot alter the plain meaning of the will itself adopted signed and duly Executed by the said Francis in his life time and in his full senses. -- And as to so much of the said Petition as require this Defendant to account with the Petitioner for the profits of a certain negro Wench named Kezia in Petition named - this Defendant doth also demure and for cause of Demurrer. -- said that it clearly appears by the Petitioners own shewing that the three sons of the said Francis Child deceased were to be ["should be " x-out] maintained cloathed and educated by the profits or part of the profits of the negroes purchased under the direction of the said Will and that the negro Kezia was one of those so purchased - whereby the said Samuel, Wilson and Francis are [page 3] materially interest in the account of the profits of the said negro Kezia - and neither the said Samuel , Wilson, nor Francis are made Parties to the said Petition - wherefore and for other good causes of Demurrer - in the said Petition contained, as to so much of the said Petition as is demurred unto as aforesaid this Defendant doth demand the Judgment of this Worshipful Court, whether she shall be compelled to make any answer thereunto otherwise than as aforesaid -- And this Defendant humbly prays to be hence dismissed with her costs in the behalf wrongfully sustained --- Duffy for Defendant Frances Child the Defendant above named maketh oath that the matters of Fact set forth in the above Peal as being within her own Knowledge are true and the rest She believes to be true. ---- Frances Child Extx. Sworn to in open Court 31 May 1798 J[?] Benton [Estate Papers - Bill of Complaint 27 May 1804] State of North Carolina } In Equity 1804 Hillsborough District } The Bill of Complainant of Henry Mason Complainant, against James Carson and Frances Child; Executor of Frances Child decd. Defendants - Humbly complaining Sheweth unto your Honor, that, On or about, the year of our Lord One thousand Seven hundred, and Eighty Six, he exhibited his Bill of Complaint to this Honorable Court, against John Debois, and others for the purpose of procuring, a decree of this Honorable Court, that the said Debois should convey a certain tract of Land situate in the County of Orange upon Enoe River containing about 180 acres, to your Orator; that the said Suit remained and determined from the filing the said Bill untill October Term 1802 ["in" x-out] ["which space of time, the Premises" x-out] at which time your Honours decreed, in manner following (to wit) ordered and adjudged and decreed that Defendt. Frances Child Widow, Francis Child, Wilson Child, ["Wilson Child" x-out] & Samuel Child do deliver possession of all the land purchased by John Debois of Thomas Lackey, to the Complainant and that the said Frances the widow, do forth= =with convey to the Complainant all the right and title which they have or claim to the said Land, and the said Samuel Wilson and Francis do within Six Months after coming to the age of Twenty one years severally convey the said land in fee to the Complainant [page 2] (2) or shew good Cause to the Contrary, and that the Defendant do pay the Costs of this Suit - your Orator Sheweth, the during the time from the Commencement of the said Suit, untill the determination thereof, the premises aforesaid, were in the possession of Sundry Persons, but was possessed more particularly by the said Francis in his life time, Frances his widow after his death, and the Defendant James Carson aforesaid; That your Orator is not able with certainty, to say how long the said Francis possessed and cultivated the same but he believes that the possession of the said Francis in his life time, and that of his Widow afterwards was some where about thirteen years, and that of the Defendant Carson, about 4 years but prays they may be compelled to set forth and discover the same particularly - Your Orator further sheweth, that these Defendants respectively, during their said Occupation of the premises aforesaid, did cut down, felled, and destroyed, very large and valuable quantities of Timber and employed in the Cultivation of the Premises aforesaid, and clearing the lands, and Hauling away the timber a very considerable number of Laborers, and working hands, your orator as well as he is in= =formed and believes, the said Francis; and Frances the widow during their possession most commonly 6 or 7 hands the Defdt. Carson about 3 or 4 Therefrom deriving [page 3] (3) large crops of Corn, wheat, Tobacco, and other kids of produce to a very considerable amount annually, whereby the premises are greatly injured, and lowered in their values. In Tender consideration whereof and foreasmuch as your Orator is remediless in the premises neither can he have any discovery[?] of the precise periods, the said Francis, Frances , and the said Carson were in the possession of the said Land, and cannot compell[sic] the said Frances Executrix of Francis Child deceased, and the said James Carson, to make your Orator Satisfaction for the same, without the Aid and assistance of this Honorable Court, were matters of fraud, account, and of this nature are properly to be discovered, and inquired into -- Your Orator further Sheweth that the aforesaid James Carson was a witness, as he then believed, material for him, in the suit in Equity, by your Orator, for the premises, aforesaid, against the said Debois & others, and the same being commenced, in the infancies of Equity jurisdiction being attach to the Superiour[sic] Courts of Law, he was summon'd with the usual Law Process of Subpoena to Testify, and accordingly attended untill your Orator was made acquainted with [page 4] (4) with the impropriety and unlawfulness of this mode of taking testimony in a Court of Equity, when he dismissed him from any further attendance in person, and your Orator then proceeded to take a Commission and regularly obtain his deposition which was among others, read at the Tryal[sic] Your Orator sheweth that the said Carson had at successive times proved this tickets and lodged them in the Clerks and Masters Office to the Amount of Twenty five pounds or thereabout; and notwithstanding upon motion made for the purpose, all the final cause in favour of your Orator relative to the premises aforesaid as it was ordered by the Court that no Witnesses Attendance summoned as such should be taxed in the Bill of Costs, yet the said Carson has withdrawn his tickets to the amount above stated, and commenced suit by Warrant, against your Orator, and Threatens to proceed to Judgment, and take out execution, against your Orators property , which if it Should be the Opinion of ["your" x-out] the Honorable Court your Orator should be Subject to pay, at all, when the order of the Court aforesaid, and last mentioned, is taken into Consideration, and that, too [page 5] (5) upon a Special motion, and in the same Cause wherein the said Carson claims for his attendance and in which your orator was Successfull[sic] He humbly prays that the proceedings therein of the said Carson, should be deffered [deferred], or injoined, untill the said Carson should account for four years occupation and reception of the profits of the Premises agreeable to the Object and intention, of this your Orators Bill, the Amount whereof, ought in justice, and Equity, as your Orator humbly concedes[?], to exceed double the Amount of the Claim now set up by the said Carson against your Orator, the very same premises then recovered by your Orator being now as he is informed and believes, at the yearly rent of 25£ pr annum . - To the end there= =fore, that the said James Carson, and the said Frances, and their Confederates when discovered, may full true and perfect answer make to all and Singular the matters, things, and allegations, upon their ~~ respective Corporal Oaths, to the best of their respective knowledge and information and belief herein before charged, and as particularly as if the same and every of them were here particularly repeated & again interrogated, and more especially that the said Frances widow & Executrix aforesaid, may set forth and discover whether your Orator did not institute [page 6] (6) the suit aforesaid; and in manner aforesaid, and for the Premises herein mentioned and at the time aforesaid? Whether the said Suit was not determined and the decision thereon before mentioned, finally made in favour of your Orator, at October Term 1802? Whether the said Francis her late Husband and Testator, did not possess and Cultivate the said Premises, in manner herein before stated to nearly about the term of three years, or otherwise how? What other time? Whether he in his life time [x-out] did not, derive considerable profits and make or raise large crops, and clear much Land, and cut down much valuable Timber, ["wherefore" x-out] whereby the value of the Premises were greatly reduced, and lowered? How much and what is the annual value thereof? Whether since the death of the said Francis, aforesaid, she has not continued in possession, and cultivation of the same premises, and made considerable profit thereby until the devise in favour of your Orator aforementioned, and what is the present yearly value thereof -- And that the Defendant Carson, may likewise set Set[sic] forth and discover whether he did not occupy and cultivate the aforementioned premises for the Space of four Years or thereabouts, and if not, what time? [page 7] (7) What was the yearly value Thereof at that time and what at the present time of the said Premises? Whether he did not receive during that Space of time very considerable profits, from the cultivation of the said Premises? and what were those Profits? and by what right title or Authority, he in particular entered upon, Seized and possessed himself of ["the" x-out] and cultivated the same? Whether he did not withdraw his Tickets from the Clerk and Master, office for his attendance in the above mentioned suit not withstanding the order made in the said Cause in the Manner and upon the motion herein before Stated, to wit that no costs for witnesses personal attendance should be taxed in the Bill of Costs? Whether he hath not commenced a suit against your Orator by way of Warrant on the demand contained in the said tickets, and no other cause whatever? Whether the Amount demanded thereby is not 25£ or thereabouts? Whether he hath not obtained judgment thereon and Threatens to levy [x-out] execution on the property of Your Orator - And Your Orator prays that the said Frances Child Extx[?] and the said James Carson may be decreed to about [x-out] with [page 8] (8) with[sic] your Orator for the use, occupation and Profits, by them respectively received and Make your Orator Satisfaction Therefor and that the said James Carson may be perpetually enjoined from further proceedings on the aforesaid Warrant to recover[?] his attendance aforesaid in the suit aforesaid -- and that Your Honor may make such other and further decree in the premises as the nature of his Case may require, and which to the direction of your Honor may ["decree" x-out] seem Meet &c May it please your Honor to grant to Young Orator, Your Writ or Writs of Subpoena, to be directed &c commanding &c, and also the States Writ of Injunction Commanding all Officers Solicitors Sheriffs Constables and every other person whatsoever to result from any other proceedings on the said Warrant of the said Carson against your Orator untill the Matter shall be considered & heard [page 9] (9) hear before your Honor, and further order made Thereon, under a certain pain and penalty to be thereon expressed, And you Orator as in duty bound will ever pray &c Henry Mason 27 May 1804 Henry Mason maketh oath that the Suits started this his Bill [One or two lines obscured] &c and James Carson, so far as they come in his own ~~ Knowledge, are True That those expressed to be upon infor= =mation, or belief, or otherwise, he believes to be True Sworn and Subscribed Henry Jason before me the day and date above Robert Bill CME [page 10] The Clerk and Master of the court of Equity for Hillsborough District will let an Injunction &c Spa. issue in consequence of the prayer of this bill, when the Deft. the Plaintiff at law shall have prosecuted his said suit complained of to Judgments - and then only upon condition that Complainant pay the full amount of said Judg= ment into the office of the said clerk and Ma= =ster thereto abide such other & further order of shall be made in the premises June 28th 1804 [Estate Papers - Answer of Henry Mason 17 Oct 1804] State of North Carolina } Hillsborough District } Sc The seperate answer of James Carson, to the Bill of Complaint of Henry Mason --- This defendant save and reserving to himself now, and at all times hereafter all, and all manner of benefit and and[sic] advan tage of exceptions to the uncertainties and insuffi =ciencies in the said Bill contained, answereth and saith that it is true the Complainant heretofore file his Bill, and obtained a decree as stated in this Bill --- This Defendant saith that it appears in and by the Complainants first Bill aforesaid, that John Debow was seized in for[?] of the premises, the profits of which are now in question, to the use of the Complainant - the said John Debow having the legal, and the Complain =ant the equitable title to the same; and the said John Debow being so seized, and claiming to be seized to the use of himself only, sold and Conveyed the said Premises to one Jesse Benton who being seized of a good estate at Law in the the premises and claiming to be seized to his own use, sold and conveyed the said premises to one Thomas Hart; and the said Thomas Hart claiming to be seized to his own use, by his agent the said Jesse Benton, rented[?] the said premises to this Defendant four years [supposedly?] at a rent of one third part of what he should make thereon; and the Defendant during the time aforesaid [page 2] cultivated the said premises, and paid all the rents arising therefrom to Jesse Benton in his lifetime as agent - of the said Thomas Hart except a small balance which he paid to Samuel Benton as Agent of the said Thomas Hart; and the Defendant saith that he has thus fully paid and satisfied to the said Thomas Hart who was seized of the legal estate in the said premises, and was Trustee to the use of the said Complainant all rents for the premises while in his possession and under his cultivation; but can not at this time particularly set forthe, what ["particularly" x-out], kinds of produce on what quantities thereof; were so delivered in discharge of the said rents; nor can this Defendant at this time, say, in what particular year he so cultivated the said premises, but that they were the four years next preceding the sale of the same as the ["as the" x-out] property of the said Thomas Hart. This Defendant saith that he during the term of four years aforesaid worked only two negro men with the assistance of three of his Sons, the oldest of them being then about fifteen or sixteen years of age; and that he cultivated a greater quantity of ground on his own plantation than he did on the plantation so rented. The Defendant admits that by particular direction of the said Jesse Benton agent of the said Thomas Hart as aforesaid he cleared some new land on the said premises; but denies that he cut any timber off the said land, more than necessary for the use of the said plantation. The Defendant saith that he was subpoenaed as a Witness in the first Suit at the insistence of the Complainant; that his attended ?????? time as a Witness; that he proved his attendance to the amount [page 3] of £26.0.6 or there about; and that he hath warranted the Complainant and obtained Judgment for the same; this Defendant admits that , in the Motion of the Defendants in the said Original suit, it was ordered by this Court that the amount of suit attendance should not be ???? in the Bill of Cost of the said suit against the said Defendant; And this Defendant insists that, as it was, at the request, and to the use of the Comp -lainant he so attended, the complainant was originally bound to make him satisfaction for such attendance; and that he is not discharged for such obligations by the said Order; The ["said" x-out] Complainant since the said Decree has admitted that this Defendant ought to be paid for attending as aforesaid. This Defendant denies all unlawfull combina =tion and confederacy wherewith he stands charged who at that, that &c &c NoCarolina } Salisbury District } The personally appeared before me Francis Locke one of the Judge of the Superior Court of Law of Equity, for the state afore- said James Carson, who made oath, that the seve- ral matters of fact stated in this his answer, that are of this own knowledge are true, and those not of his own knowledge he believes to be true Sworn to before me this 17th day October Jas Carson 1804 Fran. Locke Q&Cof JE[?] [Estate Papers - Evidence about 1805] Henry Mason } vs } In Equity Frances Child et al } Evidence for Complainant Isaac Lint was overseer for Capt. Child in the '92. 13 March upon the land in question left plantation 28-29 of december. Had six hand under him. 3 fellows, and 3 wenches, good hands, made 400 doz. bu[?] oats. 108 Barrels corn. Cleared 10 acres land. used the wood as usual. Tom, was one of the hands, and was good. supposes him to be between 40 and 50 years of age Darkey one of the hands appeared about 35 years of age. Strong and healthy. Jack was very good hand Aberdeen, good hand, Maria Hanna good hands Built 3 negro Houses, timber from new ground Seem to suppose the place[?] worth 50 dollars ======================================= Robert Carson. lives near the land. His father tended the land one year before Capt. Child possess'd, and one year after Mrs. Child gave it up deponents Father gave $40 for one year's rent after Mrs. Child gave it up Timber was used as is usual upon plantations. When plantation came into ["plantation" x-out] possession of Capt. Child, the fences were partly good. There was a tolerable dwelling house. Built one or two tobacco Barns. Good plantation when came in possession of Capt. Child - supposes then between 80 or 0- acres, cleared - 60 acres fit for cultivation about 30 acres had been cleared the three preceding years. the other 30 acres good old land - ======================================= John Taylor Sen., In the year 1804 50 or 60 acres of the land was fit for cultivation - Lands rented cheaper 17 years ago than they did five years ago. Some of the land was cleared 42 years ago. ??? 8 acres ======================================= Thomas Faucett. was overseer three or 4 years. No timber was used except for plantation purposes. Thinks it worth $40 dollars ======================================= John McDade. Overseer about 9 years ago. No timber used except for plantation purposes when Mrs. Chld went out of possession there was two out House for negroes Dwelling House was getting old [end of page - appears to be incomplete] [Estate Papers - Answer to Henry Mason by Frances Child 5 Apr 1805] State of North Carolina } Hillsborough District } Sc The answer of Frances Child to the Bill of Complainant of Henry Mason --- This Defendant save to herself now, and at all times, all manner of benefit of exceptions to be many uncertain =ties and insufficiencies in the said Bill contained for answer thereto, or or to so much thereof as she is advised materially concerns her to answer, she answereth and saith, that it is true the Com plainant instituted a suit in this honorable Court against herself and others, or against others and that she was afterwards made a Defendant, an therein obtained a decree, and believe the object of the said suit and tenor of the Decree are correct stated in this Bill ---- The Defendant further saith that so long a time has elapsed, and his memory is so imperfect that she can not answer whether Francis her late Husband cultivated the plantation in question or not, but saith it is possible he did cultivate it in the year 1792 - She admits she was in possession of and cultivated the said plantation from the beginning of the year 1793 to the end of the year 1803: and saith that she occupied in such cultivation a farm[?] equal to about three ordinary hands; that she some years made on the said land a small quantity of Tobacco and wheat, and in the some years none of either; that she generally made a tolerable good crop of corn; but as she during that period believed the said plantation to belong to the estate of her late husband, she made no entries of the quantities of grain and other things made therein, and can not now from memory state them more particularly than she has done above --- The Defendant denies that she has, within her recollection, caused any of of the timber on the said land to be destroyed, or cut for any other purpose, than for the use [page 2] and benefit of the said plantation --- The Defendant further saith that she is supposed, believes, and hopes to prove, that the Complainant, before the year 1792, for a fair and valuable consideration paid to him by General Thomas Person[See Note 2], late of the County of Greenville, sold assigned and made over to the said Thomas Person, all his right, title, and interest in and to the said land ; that the said original suit was commenced and carried on, or leaving commenced[?] was carried on for the benefit of the said Thomas ["Thomas" x-out] Person; that the complainant, in the executrix of his contract with the said Thomas Person, hath, since the decree aforesaid and the execution of the Conveyance made by the Defendant to the Complainant in obedience thereof, conveyed the legal title of the said land to the Heirs of he said Thomas Person or one of them ; and insists that as the Complain =ant had no beneficial interest in the land at the time is was in her occupation, he is not entitled [to] to profits thereof and cannot compel her to account for the same; and that she aught not to concluded by the decree aforesaid, because she saith that at the time the same was made, she had not knowledge of these facts --- The Defendant also insists that as Francis, her late husband purchased the said land at Sheriffs sale, without actual notice of the Complainants claim and paid a valuable consideration for it; that as she hath taken the profits as well to he use of Samuel Francis and Wilson Child Orphans of the said Francis deceased, as to herself; that as the Complainant might [page 3] if he is entitled to the profits of the said land, have obtained a decree for them in the suit aforesaid; she ought not by his Bill be compelled to account for the said profits, and thereby be subjected unnecessarily to the costs of this suit, and submits to the Court whether she shall account of not. The Defendant denies, all manner of unlawfull combination and confederacy &c, without that, that &c, and pray to be hence dismissed &c Frances Child State of North Carolina } Orange County . . . } Sc Frances Child the Defendant maketh oath that the several matter and thing stated in this answer as of her own knowledge are true; and that she believes that reside to be true Sworn to & signed before me as Commissioner } Frances Child of Affidavits for the County of Orange, the } 4th day of April 1805 } C. C. Campbell C.A. [Estate Papers - Petition to Settle Estate Feb 1807] State of North Carolina } February Term 1807 Orange County } To the Worshipful Court of said County, now sitting The Petition of Samuel Child, Wilson Child, and Francis Child by his next friend and guardian Abner Benton Bruce sheweth unto your worships, that in the year ___________ Francis Child of the Town of Hillsborough, and state aforesaid died possessed of a large personal Estate, consisting of Negroes, House hold furniture, money &c; that the said Francis Child duly executed his last Will and testament, which has been regularly admitted to probate as will appear of record; that Frances Child is relict, and widow was named an Executrix therein, who has been qualified as such, as likewise appears of record; and that the said Frances in her character of Executrix has had the sole management of the said Estate. Your petitioners pray your Worships that the said Frances Executrix &c be decreed to account for the same and that the negroes, and other parts of the said Estate be divided according to the will, and that she likewise be decreed to settle and pay up to your Petitioners such sums, or monies as they may be justly entitled to. Rich. Henderson Atty. [Estate Papers - Order to Settle Estate Feb 1807] State of North Carolina } February Term 1807 Orange County } To the Justices of the Court of Pleas and Quarter Sessions now sitting, the petition of Frances Child and Samuel Child and Wilson & Francis Child by Abner Benton Bruce, there guardian specially appoint for this purpose humbly sheweth, that in or about the year 1792 Francis Child Esq. of the County and state aforesaid died, leaving a Will, one clause whereof runs in substance in the words following. As soon as my eldest son Samuel shall become of age, it is my will that my negro and landed Estate be equally divided among my three sons, Samuel, Wilson & Francis. In pursuance whereof your petitioners Frances Child Administratrix[sic] and Samuel Child one of the Legatees now of full age, and Abner B Bruce guardian &c pray your worships that you appoint five Freeholders of integrity and probity to divide the Estate of the said deceased in manner and form as directed by said Will, and to settle, and finally close that portion which shall fall to your petitioner Samuel, and Your petitioners will ever pray ---- Frances Child Sam Child [Estate Papers - Settlement of Estate Feb 1807] North Carolina } May Term 1809 Orange County } Samuel Child & others } vs } Petition &c Frances Child } By Consent of the Parties Whereas at February Term 1807 David Ray, David Mebane, Samuel Benton, John Cabe, and Samuel Turrentine were appointed Commissioners to divide the Estate of the said Francis Child deceased who among other things agree on a Division of the Slaves of said Estate but have not reported - It is now Ordered that James Mebane, in place of David Ray, Gavin Alves in the place of David Mebane, John Cabe Samuel Turrentine with Catlet Campbell instead of Samuel Benton be and they are hereby appointed a Committee to complete and report the division of the Slaves already commenced. It is further ordered that the said Commissioner or any three of them take all account of Monies and other Estate of the testator which have come to the hands of the said Frances Executrix &c also of the profits of said Estate, since the same hath been in her management, also of the several sums of Money paid and advanced by her in discharge of debts due by the Testator in his life time and in her management of the Estate since his death Also of the number of Negros which have been born and raised since the death of the Testator and their value and the expenses that have [page 2] accrued in consequence of said Negro Slaves; also account of the Monies that have been paid and debts that have been contracted for and to the use of each of the petitioners; also such other debts as may be due from the Defendant as Executrix aforesaid - And it is further Ordered that if it shall appear necessary to the said Commissioners to sell any part of the said Negroes for the discharge of the debts due; that they reserve two or more of the said Negroes out of the Division to remain subject to the Order of the Court. And it is further Order that the Commissioners summon the parties to appear before them and to answer upon Oath to such interrogatories as they shall think proper to put to them A Copy Test J Taylor [Estate Papers - Petition of Frances Child 31 Aug 1811] State of North Carolina } Orange County . . . } In Equity The Petition of Frances Child Your Petitioner humbly sheweth unto your Honors that heretofore, Henry Mason, of the County of Orange reserved of her, but the Decree of the Court of Equity of Orange County aforesaid, two hundred and sixty one pounds, nine shilling, and his costs of suit, amounting to forty one pounds, one shilling and eight pence. White Decree passed against your Petitioner for the profits of a tract of land, which her late husband Frances Child had purchased in his lifetime; and which profits she had received as the Executrix of the last will of the said Francis deceased, and as the only and sole manger of his estate real and personal, and had converted to the general uses of the said estate, herself and the Children and Legatees of the said Francis Child deceased Your Petition further sheweth that the said Henry Mason cause a Fi: Fa: [See Note 3] to be issued on the said Decree; and the sheriff of Orange County by virtue thereof to Levy on two Slaves, amongst other, Named Hebe and Stephen of the said estate and was pressing the sale of the property so levied on as aforesaid. Your Petitioner being unable to pay the among of the said Decrees, and fearing that if the said slaves were sold at public auction they would sell for less than their value, thus if he would procure the money and pay off the amount of the said Execution, she should Convey to him the said Slaves Hebe and Stephen in satisfac= =tion [page 2] =tion thereof. In consequence whereof the said Samuel Child did discharge the amount of the said Execution; and the said Sheriff returned the same, with his return endorsed on the back thereof in these words, Vizt "This execution is fully satisfied by Samuel Child" And to the said Execution is annexed a paper purporting to be a receipt executed by the said Henry Mason to the Sheriff of Orange, in these words "Recd of Josiah "Turner Sheriff four hundred and eighty two dollars "in full of an Execution myself against Frances Child, "from Orange Superior Court to March Term 1811" -- There is also written in the said Execution the following Assignment, to wit " I assign the within Execution to Samuel "Child for value received this 9th Feby 1811, sighed Henry Mason" Your Petition further sheweth thus she as Executrix of the last Will and Testamint[sic] of this said Francis Child deceased, in a short time after the above transactions, did duly execute and deliver to the said Samuel Child a Bill pf Sale whereby she as Executrix aforesaid conveyed or intended to Convey, to the Said Samuel Child the aforesaid tpw negro Slaves, Hebe and Stephen, in absolute property. And thus the said two negro Slaves were so Conveyed to, and received by, the said Samuel Child, expressly said Debt and Costs; and not upon any other con= =sideration whatsoever. Your Petitioner further sheweth that notwithstanding the said Decree and Costs were fully paid and discharged as aforesaid; and the said Samuel Child satisfied therefore as aforesaid; he the said Samuel Child hath hat[sic] cause another Fi: Fa. to be issued thereon, and to be Levied on sundry Slaves which are by the said Will bequeathed to your Petitioner, and threatens to cause [page 3] the Slaves or some of them. so levied on to be sold by colour of the Fiere Facias --- Your Petitioner prays that the said Execution may be superceaded and thus your Petitioner may have such other and further relief as to you Honor may seem proper And you Petitions will every pray &c--- State of North Carolina } Orange County . . .} Sc Frances Child the Petitioner maketh oath that that the several matters and things set forth in the Petition as of her own knowledge and true; and that she believes the residue of the Petition to be true -- Sworn to before us Commissioners } Frances Child of Affidavits for Orange County, the } 31st day of August 1811 } C. Campbell C.A. [Estate Papers - Bill of Sale for Slaves 2 Apr 1811] Know all men by these present that I Frances Child Execution of the last will and Testament of Frances Child deceased and with the power and authority in me vested as Executrix aforesaid Have this the Twentye Second day of April in the year of Our Lord one thousand eight Hundred and Eleven bargained Sold and dilivered unto Samuel Child of the County of Orange Town of Hillsborough and State of North Carolina Two Negroes one a boy called and Known by the name of Stephen about fourteen years old and the other a negroe woman called and known by the name of Heby about the age of Twenty one years - for and in consideration of the Sum of Six Hundred dollars to me in hand paid by the said Samuel Child the Receipt whereof I the said Frances Child do Hereby acknowledge and I the said Frances Child do hereby covenant that I will warrant and Defend the above mentioned negroes to the said Samuel Child forever against the claim or claims of every and all person or persons In testimony whereof I the said Frances Child of the County of Orange Town of Hillsboro & State of North Carolina do Hereunto set my hand and affix my seal the day and date above written Jurat Barnabas Farrel Jurat Frances Child (Seal) [page 2] Orange County November Term 1812 The Execution of the within ["Deed"] Bill of Sale was duly prove in open Court by the Oath of Barnabas O Farrill a subscribing witness thereto And Ordered to be registered Test J Taylor CC The within Deed was duly registered in Book K page 353 at Hillsborough this 17th day of June 1814 J M Herall J R [Estate Papers - Deposition by James Webb 19 Sep 1811] State of N.C Frances Child vs Samuel Child & Henry Mason In Equity Orange County About the 9th of February last the pro perty of the present Plaintiff was about to be offered for sale at the instance of Hen ry Mason of the defendants in this case under an Execution from this Court. And I had understood that the com plainant Frances Child had no property only during her life. I stated to Saml Child one of the present Defts that if a Sale took place all she had would not satisfy the Ex. of Mason and that he would have his mother to support That she owed a large Debt to David Ray & Co for which the Estate was liable that if the would take up his Mothers Bond I would loan the money to satisfy Masons Ex. After consulting with his Brother as he informed me ["and I believe" x-out], he agree to do so, and accordingly executed a Bond with his Brother for both sums, the Money lent and the amount of his Mothers Bond. Before the Bond was Executed Mrs. Child the present Complainant claimed from Mr Wm Cain a Credit for some Negro hire for two or three years the [page 2] exact sum could not be ascertained But I promised on the Part of Mr. Cain that as soon as the account between Mrs. Child & Mr. Cain was settled that the amount - should be entered as a Credit on the Bond And I do not believe that Samuel Child the present Defft had any expectation of get[t]ing the money to Relieve the present Complai nant untill I proffered it which was on the day of Sale and just before it was to begin And further this Deponant saith not J. Webb Sworn to before me Rich Henderson CME 19th Sepr 1811 [Estate Papers - Answer of Samuel Child 21 Sep 1811] North Carolina } Orange County } In Equity The answer of Samuel Child to the petition of Frances Child against him & [x-out] Henry Mason ---- sheweth.---- that he admits the reco- very made by the said Henry Mason for the sum- mations in the petition, against the petitioner; but declairs that the profit of the Land for which the said Decree considered, are applied to the act.[?] of the Estate of her Testator The Negroes levied on by the Shff of Orange to satisfy the said decree, are de vised to the petitioner for life and afterwards to the children of her Testator of whom the Defendant is one. -- The petitioner having endeavored in vain to raise Money sufficient to pay off and satisfy the said Decree and costs -- the Sheriff was about to sell the said Negroes, and this defendant was about to xxxxxx? the sale; or at least to give ne- ither of the claimants at ?? with others had ????? this juncture Dr. James Webb she had undertaken the collection and settlement of the debt due David Ray &co to whom the petitioner was indebted By Bond bearing date the 11th day of Novmr. for the sum of £670.3.8 pr specie to this defendant that he ???[act?] as the agent and attorney in Fact for the said David Ray &co would advance to this defen= dant a sum sufficient to discharge Mason's Judgment provided this defendant would give his Bond for the whole amount of the aforesaid debt and Interest due by the petitioner to the said D. Ray & Co and take up the same; --- This defen- dant anxious to oblige his Mother closed[?] with the proposition made by D. Webb & Co for the sum of £798.9.4 including the debt due by the petitioner and the sum advance to discharge the decree in favor of Mason --- This defendant doth positively [x-out] deny that the said decree was satisfied to the said Henry Mason by ??? ??? of any agreement or understanding between the petition of himself -- The proposition made to him by Dr. Webb was entirely unexpected; after he came to the Market House, before the sale was to take place and closed with by this defendant; in ??? ???? or consulting the petitioner ------ [page 2] --- This defendant having in this way satisfied & paid to Mason the amount of his decree & costs took on assignment of the same for his own use & benefit - for the express and avowed purpose after recourse as the same for the Money so paid; advances[?] his own situation should make it necessary for him to have Execution issued --- On the 22nd day of April last the Petitioner conveyed by Bill of Sale to this defendant the Negroes Stephen & Heby, in conside- ration of the sum of Six hundred Dollars, for about[?] sum This defendant then gave the petition ??? ?? her Bond to David Ray &Co which he had taken up in manner aforesaid --- This defendant denies that the said Negroes were sold to him for the price aforesaid by the petitioner in discharge of the Money paid by his or Mason's execution or that there was every any contract, agreement, or understanding between himself and the petit- ioner that they should be delivered & receive in sa- tisfaction of that demand - on the contrary this defendant alledges that they are conveyed to him in part satisfaction of the assigned debt due by the petitioner to David Ray & co on her Bond taken up by this defendant. --- This defendant further shews that this Brother Francis now a Minor join- ed him the last mentioned Bond to David Ross &Co -- the object of which was that as the whole of the property now in the possession of the peti- tioner ?? ?? a belong to the defendant and his said Brother on the decease of the petitioner that should his said Brother live to the full age and satisfy the said Bond, he might be equally bound for the payment of the debt, for which at present this defend is alone responsible on account of the minority of his said Brother ??? ??? Sum might arise from the sale of said Negroes, above sold or dispose of by this expedient, the said Francis his Brother could be entitled to ??? for one half of the sum & or coming to full age he should ratify the said Bond & confirm his liability to contribute to as equal discharge there of Saml Child Sworn to Rich. Henderson CME Sepr 21st 1811 [This answer is very difficult to read] [Estate Papers - Complaint by Frances Child Feb 1812] State of North Carolina } Orange County . . . } In Equity To the Honorable the Judge of the Court of Equity of Orange County Humbly Complaining, sheweth unto your Honor, your Oratrix Frances Child, of the County of Orange, Widow and Relict of Francis Child, late of Hillsborough in the same County, deceased. That the said Francis being seized and possessed of conside= =rable real and personal estate, duly made and published his last Will and Testament in writing, bearing date on, or about the fourth day of July in the year one thousand seven hundred and ninety two, and thereby devised to his three sons Samuel, Wilson and Francis Child three thousand acres of land lying on the waters of Cumberland River in the State of Tennessee, for which he had a grant; and also three thousand acres more lying in the State of Tennessee, which he had entered in the Office kept by Colonel Armstrong - The plantation which he bought at public Sale, formerly the property of Thomas Hart, lying on the waters of Eno, in the County of Orange Containing about four hundred aces, he devised to your Oratrix for life, and after her death to be sold for money to the use of his said three Children - To Fanny McKerall he Bequeath[ed] twenty five pounds - He willed that all his Horses, Cattle, Hogs and Lotts in the Towns of Hillsborough and Kinston (except the House and Lott where he then lived) should be sold at twelve months Credit for money to be paid to his Executor to the use of his said three children, also the plantation he bought of Robert Faucett containing three hundred and sixty acres of land, at the same Credit, and for the purpose aforesaid, excepting and reserving one horse and one riding chair, and one Milch Cow for the use of your Oratrix; and He bequeathed to your Oratrix during her life the House and Lott where he then lived, in the Town of Hillsborough, and directed that the same be sold after her death, at twelve month credit to the use of his said Children, He thereby directed all the hard money [page 2] he then had on hand to be laid out in the purchase of Young likely Slaves between twelve and twenty years of age; and those Slaves to be hired out annually and the neat proceeds thereof to be paid to his Executors, one fourth part thereof to the use of his wife, you Oratrix and the other three fourths for educating, maintaining and cloathing his said three children, until Samuel his oldest Son should arrive to the age of twenty one years, and then the negroes so purchased with their increase to be equally divided amongst them; reserving out of the said negroes one likely wench and child of the value of one hundred pounds North Carolina Currency which he bequeathed to his natural Son James Floyd. He thereby Bequeathed to your Oratrix during her life all his household furniture, and directed the same to be sold after her death to the use of her said Children - All his paper money then on hand, to wit, two hundred and seventy pounds, James Caswell's Bond for £170, Alexander Mebane's Note for £117, Robert Freeman's Note for £33 Virginia Money, Mumford Stokes Note for £35 He will to be laid out in negroes for the purposes aforesaid, except the Bequest to James Floyd, and except for £100 which he directed to be Kept by your Oratrix for her, and his children's immediate use. -- He thereby Bequeathed the Slave Jack, Maria & Child, Hannah, Silvia, Grace and Ellick to be kept for the use of your Oratrix during her life and the remaining part to be hired out by my Executors for money to be applied to the use of ["my said wife" x-out] your Oratrix and his said three Children; and after the death of your Oratrix the seven slaves and their increase to be equally divided between his said three Children. -- He thereby further directed that the house he had moved on Col. McCauley's Lott, in the Town of Hillsborough as it then stood should be sold to the highest bidder for the term of six years from the fist day of May 1792, for the same purpose as specific above --- And thereby nominated and appointed your Oratrix Executrix, and Robert Freeman and John Casey Executors of the same. And afterward on the same day, by a Codicil annexed to his said Will, appointed John Haywood and William Walters Esquires Guardian of his said three Children: -- You Oratrix further sheweth that the said Testator departed this life on or about the ____ day of August ___ in [page 3] the year 1792 without altering or revoking the said Will and Codicil; And upon his death, they the said Robert Freeman and John Casey being requested to prove the said Will, and take upon themselves, jointly with your Oratrix, the execution of the same, refused to do so, where upon your Oratrix caused the said Will to be duly proved in the County Court of Pleas and Quarter Sessions of Orange County and took on herself the execution thereof; and by virtue thereof possessed herself of all the personal estate of the Testator and of all the real estate of the Testator in North Carolina and administered the same, as in and by the Inventory returned by your Oratrix, and the several accounts hereto annexed, will more fully and at large appear, to which account your Oratrix begs leave to refer, and prays they may be taken as part of this her Bill. Your Oratrix further sheweth that John Haywood and William Walters Esquires being request to accept and take on themselves the Guardianships of the Testators three Children, refused, so to do, or to intermeddle in any way with their rights or property and no other person being will to accept of such appointment, the care of the said Children and their property devolved on your Oratrix; and, therefore, she ["hath" x-out] continued as Executrix, to manage the said Children and the estate of Testator until Samuel and Wilson arrived of full age, and still continue to manage Francis' part of the said estate Your Oratrix laid out an expended large sums of money, in the payment of the Taxes of the Western lands, and in the employment of Agents to procure a Survey of the said Entry and obtain a grant for the same, and to superintend and take care of the said lands, as in and by her said account will more fully appear --- Your Oratrix further sheweth that she was the widow and relict of John McKerall formerly of Norfolk of the State of Virginia at the time she intermarried with the Testator; that she administered in the estate of the said John; and by virtue thereof, took into her possession, and collected, property and money to a very large amount which she had in her possession at the time she intermarried with the Testator, and which came to his possessions, and was by him converted to his own use. John, Fanny, and William McKerall [page 4] the Orphan Children of the said Intestate having not arrived at full age, at the death of the Testator he had not paid to them their shares of their Fathers estate: The said John McKerall having arrived of age, ["and the said Fanny McKerall having intermarried with Abner" x-out] ["B. Bruce" x-out], it was agreed by the parties to refer the settlement of the estate of the said Intestate John McKerall, to Absalom Tatom and John Hogg Esquires, and they accordingly settled the same, and in such Settlement found a balance due to each of the said Orphans of £514.6.7 3/4; which settlement your Oratrix believed to be just and fair and therefore paid the said shares--- Your Oratrix further sheweth that one Henry Mason had commenced a suit in Equity against Thomas Hart and other for the money of the Eno land, which suit was depending in the Court of Equity of Hillsborough District at the time the Testator purchased the same and such proceedings was afterward therein had that the Complain= ant, after your Oratrix had expended large sums of money and time at great trouble in defense of the said lands, recovered ["an" x-out] Decree for about two hundred acres part thereof, and your Oratrix was compelled to Convey the same. And the said Henry Mason thereupon brought another suit against your Oratrix and Executrix aforesaid, in the same Court, for the misne[mesne] profits of the land so reserved; and such proceedings were had in the said suit that he reserve a decree against your Oratrix for £241.9. and his costs of suit £41.1.8, and issued[?] out an Execution to collect the same, and raised it to be levied among other ["things" x-out], slaves on Hebe and Stephen two of the slaves of the said estate, and was proposing the sale of the said slaves at public auction, when your Oratrix, being unable to pay the said monies and ?????? the estate should sustain any loss by that manner of Sale, sold the said two Slaves to Samuel Child at private sale in discharge of the amount of the said Decree, and as Executrix aforesaid Conveyed them to him, and he paid the amount of the said decree and all costs thereon, and the sheriff returned the said Execution satisfied - All which will more fully appear by the records of the said Suits, the decrees made therein; [page 5] the Execution and bill of sale aforesaid, and to which your Oratrix begs leave to refer for greater certainty. Your Oratrix sheweth that she did not take possession of the said lands and hold as a separate property by virtue of the devise to her for life, but managed the same jointly with and as the rest of the estate of the Testator and aprop preated the small property initially made therein to the general uses of of[sic] this estate and family. The profits indeed were small as she generally kept only one Man Slave, and a woman with three Children, who she could not hire out on account of the number of her children, on the said land Your Oratrix further sheweth that she in the years 1792 1793 and 1794, as Executrix aforesaid purchased to the uses mentioned in the said Will seven female and six male slaves at considerable expense beside the consideration paid for them. That as so great a proportion of the slaves of the said estate were breeding women, she thought it most to the advan- =tage of the estate that she should undertake to have them properly taken care of for a reasonable before and after the birth of their Children, which she has accordingly done with all the attention in her power, at very great expense and trouble. And for this cause, and in manner aforesaid, has been compelled to take care of, and nurse the said female Slaves, at least a month at a time forty eight times. The Children of the said estate, and the women with so many Children that they would not hire out, and all the slaves of the estate when sick, being kept and provided for by your Oratrix, have subjected her to very heavy charges and expenses; for which she insists that she is entitled to a liberal allowance -- Your Oratrix further sheweth that the said Samuel Child arrived at the age of twenty one years, on the ______ day of _____ in the year ______, and soon afterwards, filed a Petition in Orange County Court for a division of the Slaves of the said estate, or part of them, and caused Commissioners for that purpose to be appointed, who accordingly met and ["agreed" x-out] made some agreement respecting a division of the said Slaves, but never made any return to the said Court; nor have the petitioners prosecuted the [page 6] said petition since. The said Samuel and Wilson who was then also of full age, notwithstanding the said Commissioners did not report any division to Court; and notwithstanding the said Commissioners did not pretend to settle the accounts of your Oratrix; took into their possession respectively sundry of the negroes of the said estate and have held them ever since. Your Oratrix further sheweth that the expenses of the said estate, and the expense of Cloathing, educating, and maintaining the said Samuel, Wilson and Francis, greatly exceeded the ordinary profits of the said estate, so as to leave a large balance due to your Oratrix from her said children, as in and by her accounts hereto annexed, to which she begs leave to refer, will more fully appear; and she insists that the young Slaves born and raised as aforesaid are profits of the said estate, and aught to be converted by the Court to the discharge of the said balances Your Oratrix further sheweth that being indebted to Cain & Ray Merchants of the Town of Hillsborough in a large amount a considerable part of which was purchased for the use of the said Samuel, Wilson and Francis, and of the said estate she executed to them her bond for the same; which Bond they have since assigned to the said Samuel Child; and he threatens to sue her for, and compel her to pay, the whole amount due on the said Bond, notwithstanding the balance due from him to your Oratrix on the Account hereto annexed. Your Oratrix further sheweth the said Wilson Child departed this life, ["Intestate" x-out] on or about the ____ day of _________ in the year ______ and thus the Administration of his good and Chattels, rights and credits, with his Will annexed hath been granted to James Child, by the County Court of Orange; by virtue whereof he has taken into his possession the personal property of the, Intestate[sic], to a much greater amount, than is sufficient to pay all his debts Your Oratrix, conducted the said Executorship, managed the said estate and the af[f]airs of the said Devises in the best and most advantageous manner she was capable of; and applied to the said Samuel, and the said Wilson in his lifetime & his Administrator since his death, to pay or secure to her the balances due her on her said accounts, and well hoped they would have complied with so reasonable a request: But now so it is may it [page 7] pleas[e] you Honor, that they the said Samuel Child, Francis Child and James Child Administrator as aforesaid, combining and confederating themselves together and to and with divers persons unknown to your Oratrix, whose names when discovered your Oratrix prays may be inserted herein with apt words to be charged them, contriving now to defraud your Oratrix, and to defeat her of the monies so due to her, devise that any thing is due from them to your Orator[sic], and refuse to come to any just settlement with her, In tender consideration whereof and forasmuch as matter of this nature are most properly cognizable and releasable[?] in this Court, To the end therefore that the said Samuel Child, Francis Child and James Child Administrator as aforesaid may upon their several corporal oaths true and perfect answer make to all and singular the premises as fully and particularly as if the same were her again repeated and they therein interrogated. And that the said Samuel, Francis and James may be decreed to come to a just and fair amount with your Oratrix, for the monies expended in the cloathing, education, and maintaining them the said Samuel, Wilson and Francis, and expended on behalf of the said estate, and for monies and other things advanced to them respectively ; that your Oratrix' account as Executrix aforesaid may be finally settled and adjusted; that the said Samuel and Francis and the said James as Administrator aforesaid may be decreed to pay to Your Oratrix the sums justly due from them to her, and that part of the slaves of the estate may be subjected to the payment of the same; or that the said Samuel may be decreed to deduct from the bond aforesaid the amount which may be found against him on taking the said Account, and if he should attempt to sue on the said Bond that he may be injoined[sic] until the said amount shall be taken: that the sale aforesaid of the two slaves Hebe and Stephen may be confirmed by the decree of this Court that all further proceedings on the Petition filed in the County Court of Orange may be injoined; And that your Oratrix may have all such further and other relief as to your Honor may seem just and right: May it pleas[e] your Honor to grant Writs of Subpoena to be served on Samuel Child of Hillsborough in Orange County, and on Francis Child of the same place; and on James Child, Administrator aforesaid, of the same place to appear &c & answer &c Wm Norwood for Compt [Estate Papers - Answer of Samuel Child Feb 1812] State of North Carolina } } In Equity Orange County } To the Honorable the Judge of Court of Equity of Orange County The Answer of Samuel Child to the Bill of Complaint of Frances Child This Defendant saving & reserving to himself the benefits of all manner of exception to the numerous errors mistakes & uncertainties, in Complainant's Bill of Complaint contained for answer thereunto, or to so much thereof as he is advised it is material & necessary for him to answer unto - Answering saith - That he admits his father Francis Child departed this life in the year 1798 - having duly made & published his last will and testament - That the Complainant Frances Child is the widow of said Testator & that she together with John Casey & Robert Freeman, were appointed Executors of the aforesaid last will & testament -- that the said John Casey & Robert Freeman declined interfering with the management of said estate, & that the said Frances qualified as Executrix of said Testator, & took upon her the burthen of executing said Testators will -- that John Haywood & William Watters, who were by said will appointed guardians of this defendant & his brothers declined accepting said guar= dianship & that his property together with that of his brothers Wilson & Frances, has since the death of their said father, contin= ued to the present time in the hands of Complainant - but he denies that she was ever legally constituted his guardian - but has continued to manage his estate without any due authority -- This Defendant admits that the devised contained in Testators said Will are substantially set forth in Complainant's Bill of Complaint. -- The Complainant charges that she has paid large sums of money for the taxes of the West Land, & in the [page 2] "employment of Agents to procure a survey of said ["Land" x-out] entry & "retain a grant for the same, & to superintend & take care of the "said Land" -- This Defendant knows not, nor does he admit that any large sums of money have been paid, nor that agents have been employed by Complainant to have the said entry surveyed & a grant obtained for the same - or for taking care of said Land - nor does he think that if such to be the case, he is compellable either by the rules of Law or Equity to pay any such agent. -- This Defendant admits that, before she intermarried with his fa= ther, this Complaint was the widow of John McKerrall - but he does not admit, because he does not know such to be the case, that she administered upon his estate, & took unto her possession & collected property & money to large amount - nor does he admit that such property & money if so collected, every came into the possession of his said father, & by him converted to his own use - This Defendant is therefore compelled to demand from Complainant strict proof of such facts - This Defendant admits that he has been informed that the settlement of the estate of John McKerrall was referred to John Hogg & Absolom Tatom, but whether they ever made up an award, or what was the substance of said award, if ever made which is not admitted, he does not know, & therefore does not admit & consequently denies - & called upon the Complainant to prove the same - This however he does know, that the children of the said John McKerrall (to wit) John & William McKerrall & Fanny McKerrall now Fanny Bruce, were supported & educated by his father from the time of his intermarriage with their mother the Complainant, until his death - at least he has been so inform =ed & believes it to be the case - & after the death of his said fa= ther the said John McKerrall & Fanny Bruce, continue to live with the Complainant, & to be supported out of the common stock -- This Defendant admits that the decree of the Court of Equity of [page 3] Hillsboro' district in favor of Henry Mason, against Thomas Hart & other is correctly set forth in Complainant's Bill of Complaint With respect to the judgment for the mesne [See Note 4] profits, the Defendant would beg leave to submit the following statement - by the Will of The Testator as set forth by Complainant The Testator devised to her during her life the Land above-discribed[sic], being the same which Testator purchased at public sale, formerly the property of Thomas Hart - & after her death to be sold for money for the use of his said three sons -- That the Complainant took possession & so remained in possession, enjoying the rents & profits until the decree in Equity & until her sale to James Clark hereinafter mentioned, which was more than three years from the time of her taking possession of said Land - This Defendant therefor denies that she is entitled to be remunerated out of his property or that of his brothers the said sum of £282:10.8. set forth in her Bill - He denies that Com= plainant was sued as Executrix for the mesnne profits of said Land but that she was sued in her individual capacity - this Defendant admits that he paid the execution which issues on said judgment & for satisfaction took from Complainant a Bill of sale for the negroes Hebe & Stephen, which conveyance if necessary he prays may be confirmed to him - Whether the Complainant took pos= session of said Land under the devise to her to hold as separate property, or whether she took possession of it as guardian of this Defendant, & his brothers he really cannot tell - he never heard of any disclaimer of the devise until the filing of Complainant's Bill - this however he does know - that the Land was by the Will devised to her during her life, & after her death to be sold & equally divided between this Defendant & his brothers Wilson & Francis - that the said Land was sold to James Clark by Complain =ant, - that this Defendant joined in the conveyance to Clark but upon the express condition that Clark should pay to him [page 4] his third of the purchase money, which was accordingly done the said James Clark transferring to him notes for £60 which he received as satisfaction of this third part - with what proprie= ty therefore, Complainant in her Bill charges with using the Land as joint stock, & in the account against this Defen= dant annexed to said Bill, & which she prays may be taken as part thereof, charges this Defendant with £60 in a note recd. of Clark for sale of Eno land, it being as before stated his thrid part of the purchase money given by said Clark for said land, & to which under the will of his father he was entitled, -- he cannot pretend to say --- Let her have taken the land however in either capacity he cannot think the Complainant any way entitled to receive back from this Defendant the said £60 or any portion thereof -- This Defendant admits that the Complainant purchased during the years '92 '3 '4 seven female and six male slaves - that the female[s] have had a number of children, how many he does not know - & he is willing on his part that Complainant should receive a reasonable allowance for nursing said women during their confinements - The Defendant admits that upon his coming of age in the year 1807 or soon after - he filed his petition in Orange County Court for a division of the personal property of his father's estate, that Commissioners were appointed by the Court for that purpose who divided off to this Defendant a certain number of slaves which he took into his possession with the knowledge & with the consent of the Complainant -- that the said Commission =ers never completed this division, but that the suit is still depending in said Court. --- This Defendant denies that the profit of said estate were not equal to the maintaining of himself & brothers - but if they were not, that it was owing entirely to mismanagement - The Complainant pray your Honor to grant her a writ of injunction to enjoin this Defendant from suing [page 5] from suing her upon a bond of hers which he hold in his hands upon the ground that he is indebted to her - this Def- endant presumes that before your Honor issues an injunction against a demand admitted to be just - the Complainant will be required to shew that this Defendant is indebted to her indebted that she cannot avail herself of it in a trial at Law. This Defendant begs leave to state to you Honor, that no Inventory of the goods & Chattels of his said father, the late Francis Child decd. has been returned & file by the Complainant, nor has she returned any account of the sales of the personal estate as by law she is required & directed to do -- In consequence of which said omissions on her part, this Defendant is precluded from the use of vouchers wisely intended by the law, for the protection of orphans' estates -- He however has been informed. & believe, & hopes to be able to prove, to the satisfaction of this Honorable Court that a large portion of the estate of his said father was never sold by Complainant, but was converted to her own use. In the account annexed to Complainant's Bill of Complaint, then is no mention made of any cattle, horse, hogs or plantation tools, which were directed by Testator to be sold at twelve months credit, for the use of this Defendant & his brothers Wilson & Francis - The Testator also directed that the plantation he purchased of Robert Faucett should be sold at the like credit & for the same purpose - This plan =tation was not sold by Complainant until 8 or 9 years after Testa =tor's death - the rents of said plantation during those years is nowhere accounted for, he presumes to hope that he is entitled to his third of said rents whatever they may be -- The Testator left at his death four horses which this Defendant well recollects - how many more he does not know - he left also some cattle & a stock of hogs, & plan= =tation tools -- these are nowhere accounted for. -- By the 10th Item, the Testator devised that the house, he had lately moved on Colo. McCauley's lot, should be sold as it then stood for the term of six years, the money for the use of this Defendant & his two [page 6] brothers - if this lease was every sold, as he presumes it was, there is not account of it anywhere rendered - With respect to Com= plainant's account against his father's estate, annexed to her Bill this Dependent will make but a few remarks - also on the credits she has given -- With respect to the latter the Defendant would remark - That in Testator's Will as set forth in Com= plainant's Bill, there is a bond upon James Caswill for £170 of which no notice is taken, Alexander Mebane's note for £117. Robert Freeman's note for £33 Virginia money equal to £55 current, & Mumford Stokes' note for £35. -- in her account she has taken no notice of any interest which may have accrued upon these notes, but given credit for the principal only -- & as to Stokes' note she credits only £15.7.6 --- In Complainant's account against the estate she credits herself with large sums of money paid to the Heirs of Jno. McKerrall - this Defendant knows not by what right those sums were paid & there =fore calls upon Complainant to prove there payment, & the reason why -- One item of her account is £100 as specified in the will - By his will Testator directed that £100 should be ["paid" x-out] retained by his widow for the use of herself & his children - this Defendant there =fore thinks himself justly entitled to one fourth part of said £100 -- two other Items in said account are as follows, "paid "McKerrall for going to Tennessee concerning Western Lands £150" "ditto for going to Kingston suspecting Caswell's bond £30" making in the whole £1800 or $361 which the agency netted Mr. McKerrall. This Defendant submits to this honorable Court, whether the complainant is by Law entitled to run the estate of this Defen= -dant & his brothers, to any expense she might thin proper, or at any rate to so enormous a charge, more especially when it shall appear that said McKerrall did not as state in Complain =ants Bill, survey the Western Land covered by his father's entry nor procure a grant for the same both of which remains yet to do --- [page 7] The Complainant has filed a long account against thie Def- endant in his individual capacity - of the items of which this Defendant has no personal knowledge, with a very few exep= tions - he therefore calls upon complainant to prove them as he denies them -- With respect to the item of £60 this Defendant has already remarked, it was his third part of the purchase money of the Eno Land devised to him & his brothers after the death of Complainant, which land was sold by complainant to James Clark, & the £60 paid over to Defendant by notes by said Clark by direction, or with the knowledge & permission of Complainant - with respect to the last Item £35 paid for Defendant's expenses to Tennessee - this Defendant went as the agent of Complainant & of course is not liable to refund any portion of said £35. or if any not more than one third part thereof - As to the account filed by Complainant against the Heirs of Francis Child, of whom hit Defendant is one, it will appear by examing[sic] said account to be incor= rect & incomplete - not accounting fairly & justly for the hire of the negroes, many of them being omitted in different years -- This Defendant begs leave further to shew to your Honor, that the 9th Item of his said father's will is in these words following "I will & bequeath the seven following slaves (to wit) Jack, Maria " & child, Hannah, Sylvia, Grace, & Alleck, to be disposed of as follows "Hannah & Sylvia to be kept for the serve of my wife during her "natural life, & the remaining five to be hired out, by my Executor "for many, which is to be applied to the use of my said wife & "three children, & after the death of my said wife then the said "seven negroes & there increase to be equally divided between my "said children" --- Under this devise this Defendant conceives himself entitled to one fourth part of the hire of the five negroes directed to be hired out by the above clause, together with one fourth part of the hire of the increase of those negroes This defendant has been of age now upwards of five years, & has, during that period, not receive one cent for his share of [page 8] the hire of said negroes --- This Defendant is anxious that the business of the estate should be brought to a final close, firmly believe that from the voucher furnished by complainant her= self, he shall be able to shew this Honorable Court, that so far from being indebted to her, she is largely indebted to him. This Defendant denying all combination prays hence to be dismissed with his costs, in this case most unjustly sustained The Defendant Saml. Child maketh oath, that the several mattes of fact contained in the answer, & state as of his own knowledge are true, & those state as mot of his own knowledge he believes to be true Sworn to 30th July 1812 Saml. Child A. B. Bruce DC&M for Richd. Henderson CME [Estate Papers - Account of Estate Feb 1812] Dr The Heirs of Francis Child in Account with Frances Child Exx For Negro 1793 £ S D July 29 To Cash paid James H Keys per Voucher . . No 1 9 " " 99 July 20 " ditto James Web . . . . . . 2 17 1 3 1801 Jany 2 " ditto ditto . . . . . . . . 3 70 5 6 1805 April 8 " ditto ditto . . . . . . . . 4 23 19 2 1807 June 2 " ditto ditto . . . . . . . . 5 9 5 " To Coffin &c for burial Jenny . . . . . 2 " " ditto ditto for Celia . . . . . 2 " " To Cash paid the midwife for delivery 48 negro children 26 10 " To Attendance & maintainance 48 women on each lying in bed 96 " " To Balance carried forward . . . . . . 223 9 1 1793 By hire Jack to Andrew Burke . . . . . . . . 20 " " " Mariah to William Hastings . . . . . . 10 " " " Ellick to William Elliott . . . . . . 8 " " " Kesiah to John Taylor Senr . . . . . . 12 " " " Charles to John Faddis . . . . . . 22 " " " Joe to Samuel Benton . . . . . . . . 17 " " 1794 By hire Jack to William Courtney . . . . . . . 22 " " " Charles to Faisman . . . . . . . . . 22 10 " " Moriah to Betty Sharp . . . . . . . . 12 " " " Joe to Samuel Benton . . . . . . . . 17 " " " Ned to Mr Baker . . . . . . . . . . 10 " " " Abraham & Cajo to Patterson . . . . . . 7 " " " Frank to P Farrell . . . . . . . . . 12 " " " Bett to Henry Ferrell . . . . . . . . 12 " " " Triece to John Forrest . . . . . . . 1 10 " " Grace to Henry Hasting . . . . . . . 2 10 " " Cynthia to John Fairman . . . . . . . 12 " " " Jenny to Mr Baker . . . . . . . . . 14 " " " Elleck to Alex Anderson . . . . . . . 14 " " 1795 By hire Charles to John Faddis. . . . . . . . 22 " " " Moriah to Mrs Sharp . . . . . . . . 12 " " " Cynthia to Mr. McQuistion . . . . . . 12 " " " Lucy to Mrs Guy . . . . . . . . . 10 " " " Joe to ditto . . . . . . . . . 22 " " " Ned to Wm Bradshaw . . . . . . . 10 " " " Celia to Robert Fulton . . . . . . . 5 " " " Triece to Forrest . . . . . . . . . 2 " " " Frank to W Belvin . . . . . . . . 14 " " " Jenny to Henry Hastins . . . . . . . 10 " " " Ellick to Alexr Anderson . . . . . . . 15 " " " Cajo to . . . . . . . . 4 " " 1796 By hire Joe... to William Kirkland . . . . . . 26 " " " Charles to R Brill , . . . . . . . . 30 " " " Ned to William Bradshaw . . . . . . 11 " " " Ellick to Alex Anderson . . . . . . . 14 " " " Cajo to David Woods . . . . . . . 10 " " " Ned to John Carrington . . . . . . 12 " " _________________ Carried forward 476 10 " 1796 By Balance Negro hire Brout forward . . . . . £ 223 9 1 " Jenny to Henry Hastings . . . . . . 13 " " " Grace to Mr. Clark . . . . . . . 8 " " " Celia to Tom Carrington . . . . . . 14 " " " Patt to Newton . . . . . . . . . 8 " " " Cynthia to Barton . . . . . . . . 12 " " 1797 By hire Charles to Mr Woods. . . . . . . . . 27 " " " Joe to John McKerall . . . . . . 30 " " " Ned to Wm Bradshaw , . . . . . . 14 " " " Cajo to David Woods . . . . . . . 12 " " " Ellick to Wm Freeman . . . . . . . 20 " " " Jenny to Bennett Watson . . . . . . 14 " " " Grace to Henry Hastins . . . . . . . 10 " " " Cynthia to . . . . . . 12 " " " Lucy to Richard Bull . . . . . . . 10 " " " Patt to Mr Sims . . . . . . . . 10 " " " Frank to Nat Carrington . . . . . . 15 " " " Celia to John Barton . . . . . . . 5 " " " Bett to Henry Hastins . . . . . . . 8 " " 1798 By hire Charles to Abner B. Bruce. . . . . . . 22 10 " " Joe to John McKerall . . . . . . . 30 " " " Ned to Wm Bradshaw . . . . . . . 16 " " " Cajo to David Woods . . . . . . . 15 " " " Ellick to Nat Carrington . . . . . . 27 " " " Grace to Mrs Hart . . . . . . . . 10 " " " Celia to Tom Carrington . . . . . . 14 " " " Patt to Sims . . . . . . . . . . 10 " " " Triece to John Barton . . . . . . . 5 " " " Frank to John Faddis . . . . . . . 18 " " " Betts to Tom Carrington . . . . . . 14 " " " Kesiah to N Carrington . . . . . . . 12 " " " Jenny sickly & could not be hired this year " " " 1799 By hire Jack to John McKee . . . . . . . . 25 " " Charles to John Taylor . . . . . . . 30 " " Joe to ditto . . . . . . . . 30 " " Cajo to David Woods . . . . . . . 14 " " Ellick to John Piper . . . . . . . . 25 " " Ned to Wm Bradshaw . . . . . . . 18 " " Jim to James Baldridge . . . . . . 50 " " Abraham to John Breese . . . . . . . 5 " " Frank to Henry Thompson. . . . . . . 20 " " Cynthia to William Duffy . . . . . . . 14 " " _________________ £ 889 19 1 1799 By Amount Brout forward . . . . . . . . . 889 19 1 By hire Bets to Tom Carrington . . . . . . 17 " " " Celia to ditto . . . . . . 17 " " " Patt to Isaac Sint . . . . . . . . 10 " " " Grace to Mr Hart . . . . . . . . . 10 " " " Kesiah to James Carson . . . . . . . 12 " " " Lucy to Saml. Benton . . . . . . . 13 " " " Judy to Mr Walker . . . . . . . . 2 " " " Jenny sickly & not hired this year . . . . " " " 1800 By hire Jack to John McKerall . . . . . . 25 " " Charles to Mr Woods . . . . . . . 27 10 " Ellick to Joe Moore . . . . . . . 30 " " Joe to John McKerall . . . . . . 30 " " Ned to Mr Durham . . . . . . . . 25 " " Abraham to Breese . . . . . . . . 22 " " Cajo to David Woods . . . . . . . 15 " " Jim to ditto . . . . . . . . 47 " " Frank to Henry Thompson . . . . . . 20 " " Kesiah at home sick this year . . . . " " " Cynthia could not get hired this year . . " " " Bett to Tom Carrington . . . . . . 17 10 " Patt to W Carrington . . . . . . . 14 " " Celia to Tom Carrington . . . . . . 17 10 " Judy to Mrs Robinson . . . . . . 5 " " Luce to Wm McKerall . . . . . . . 8 " " Triece sickly not hired this year . . . " " " Jenny to Henry Hastings . . . . . . 10 " " Moriah to Wm McQuistion . . . . . . 12 " " Grace to Dunnegan . . . . . . . . 10 " " 1801 By hire Jack to John Hogg . . . . . . . . 25 " " Charles to ditto . . . . . . . . 30 " " Joe to Kirkland . . . . . . . . 30 " " Jacob to Dunnegan . . . . . . . . 30 " " Ellick to John McKerall . . . . . . 20 " " Ned to McDaniel . . . . . . . . 27 " " Cajo to John Taylor Eno . . . . . 26 " " Abraham to John Breese . . . . . . . 10 " " Frank could not get hired this year . . " " " Cynthia to John Hogg . . . . . . . 15 " " Kesiah to Robt. Thompson . . . . . 14 " " Jenny sickly & not hired . . . . . " " " Patt to Tom Carrington . . . . . . 17 10 " Bett to ditto . . . . . . . . 17 10 " Ellick to John Barton . . . . . . 13 " " Grace & Luce to Abner B. Bruce . . . . 8 " " Judy to Mrs Robinson . . . . . . 5 " " _________________ £ 1603 9 1 1802 By Balance Brout forward . . . . . . . . 1603 9 1 Charles to John Hogg . . . . . . . 30 " " Joe to . . . . . . . 30 " " Jim to David Woods . . . . . . . 45 " " Ned to John McKerall . . . . . . 25 " " Ellick to Jo Moore . . . . . . . . 27 " " Abraham to Ben Kinchen . . . . . . . 5 " " Jacob to Saml Benton part year . . . . 5 " " Cajo to John Taylor . . . . . . . 30 " " Frank to Patrick Durkin . . . . . . 20 " " Cynthia to Anber B. Bruce . . . . . 9 " " Kesiah sickly not hired . . . . . . " " " Jenny dead . . . . . . . . . . " " " Patt to Isaac Lint . . . . . . . 16 " " Bett to Tom Carrington . . . . . . 17 " " Celia dead . . . . . . . . . . " " " Lucy to John Taylor 6 mos . . . . 6 10 " Grace to Dunnegan . . . . . . . 12 " " Judy to Wm Palmer . . . . . . . 5 " " Triece to John Hogg . . . . . . . 14 " " Moriah to Mr Jungan . . . . . . . 14 " " 1803 By hire Charles to John Hogg . . . . . . . . 30 " " Joe to Mr Shaw . . . . . . . . 30 " " Jacob to John Taylor . . . . . . . 25 " " Cajo to J McKerall . . . . . . . 20 " " Frank to P Durkin . . . . . . . 20 " " Ellick to Jo Moore . . . . . . . . 27 10 " Abraham to Wm Picket . . . . . . . . 13 " " Jim to Melone . . . . . . . . . 50 " " Cynthia to Abner B. Bruce . . . . . . 10 " " Kesiah to Kirland . . . . . . . . . 12 " " Triece to James Hogg . . . . . . . 14 " " Luce to Saml Benton . . . . . . . 6 10 " Moriah to Pleasant Henderson . . . . 14 " " Patt to Isaac Sint. . . . . . . . 16 " " Bett to Tom Carrington . . . . . . 17 " " Jude to William Jackson . . . . . 10 " " Grace to John Faddis part year . . . . 2 10 " 1804 By hire Jack to MGlenn . . . . . . . . . 23 " " Charles to WNorwood . . . . . . . . 30 " " Joe to John ANderson . . . . . . 30 " " Jacob to Mr Taylor Eno . . . . . . 25 " " Ned to John Pennington . . . . . 22 10 " Ellick to John McKerall . . . . . . 28 " " Abraham to Ben Kinchen . . . . . . . 13 " " _________________ £ 2403 9 1 1804 Amount Brout forward . . . . . . . . . . 2403 9 1 Jim to Malone . . . . . . . . . 50 " " Cajo to David Woods . . . . . . . 20 " " Moriah to P Henderson . . . . . . . 14 " " Cynthia to Abner B. Bruce . . . . . . 6 13 4 Kesiah to Nathl Carrington . . . . . 12 " " Patt to Isaac Sint . . . . . . . . 16 " " Bett to Tom Carrington . . . . . . 17 " " Luce to James Phillips . . . . . . 13 " " Triece to James Hogg . . . . . . . 14 " " Jude to E Alsobrook . . . . . . . 2 " " Grace to Matthis Wilson . . . . . . 13 " " Sall to Mr Walker . . . . . . . . 3 " " 1805 By hire Jack to Eli Hill . . . . . . . . 23 " " Charles to Young Dorch . . . . . . . 34 " " Joe to . . . . . . . 20 " " Jacob to Taylor Sam had him balance . . 10 " " Ned to John Fearington . . . . . . 22 10 " Abraham to Sam Freeman . . . . . . . 17 " " Cajo to David Woods . . . . . . . 25 " " Jim to Eubanks . . . . . . . . 62 5 " Ellick to Henry Nail . . . . . . . 27 10 " Moriah hired herself . . . . . . . . 14 " " Cynthia hired to A.B.Bruce . . . . . . 9 3 4 Kesiah to Ben Stevens . . . . . . . 13 10 " Bets to Tom Carrington . . . . . . 17 " " Patt to Isaac Sint . . . . . . . 16 " " Jude to Aug Benton . . . . . . . 13 " " Sall to Mr Walker , . . . . . . . 4 " " Lucy not hired this year . . . . . . " " " Treace to Mr Stewart . . . . . . . 14 " " 1806 By hire Jack to B. P Farrell . . . . . . . 18 " " Charles to Young Dorch . . . . . . . 33 " " Joe to John Anderson . . . . . . 28 " " Ellick to John McKerall . . . . . . 28 " " Ned to John Fearington . . . . . . 22 10 " Jim to [?????] Taylor . . . . . 47 10 " Jacob to in possession Sam Child no pay . " " " Cajo to Saml Benton . . . . . . . 20 " " Kesiah to Henry Hastins . . . . . . 12 " " Bett to Tom Carrington . . . . . . 16 " " _________________ £ 3161 10 9 An account of the Profits of the Estate of Frances Child Decd. being the number of Negro Children born &c Cynthia 9 Children 3 dead Sylvia 9 ditto 3 dead Moriah 9 ditto 8 dead Grace 6 ditto Jenney 5 ditto Lucy 5 ditto Kesiah 2 ditto Patt 1 ditto Bett 1 ditto Judy 1 ditto Hebe 1 ditto Terresa 2 ditto 1 dead [Estate Papers - Account from John McKerall To Samuel Child 111] John McKerall To Samuel Child 1806 To fish (bought from Koggons & Leathers) " 10 " Sep 1807 X hire of negroe Cajah 1 mo 3 10 " Nov X 10 days hire ditto (Caj: on plantation ) 2 10 " ( of Facuett ??? ) Decm 2 X 1 day ditto (Do do ) " 5 " X hire of three hands (Do Do ) " 15 " 4 X ditto Ditto Do Do " 10 " 7th X 2 ditto Ditto Do Do " 10 " 17th X H??? to go to Newbern (Do Do 1 17 6 1808 Nov X Hire Cajah to go to Cabes Mill " 5 " 1809 X Hire Deanna 1 month " 12 " Jacob to go to Peedee & 2 Horses 6 15 " 1810 X 11 Bushells wheat (??????) 5 10 " [??????? Line illegible ????????] 1 Barrell Cyder 1 12 6 Good paid G. Clancy 2 3 7 Buttons " 9 " Cash paid J Crabtree fpr Hawling corn 2 10 " Superintending your buisiness from the 20th untill Expiration said year 12 10 " Hawling wheat to Cabes Mill 2 10 " Cash pd to Redding for repairs of Barrells " 10 6 Cash to go to Tennessee 15 " " Sundree expenses on shucking corn &c 1 10 " Cash paid [x-out] Burrows as pr John Taysons Hatement[?] from his Dockets 76 5 3 1811 To feeding Cattle 10 " " Ditto Sheep 15 Ditto Ditto 3 head horses 20