Orange County NcArchives Wills.....Cozart, Anthony September 25, 1800 ************************************************ 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 Written: September 25, 1800 Testator: Anthony Cozart In the Name of God Amen I Anthony Cozart of Orange County and State of No. Carolina being of perfect Sound mind and memory Do make & ordain This my last Will and Testament in manner & form following (To wit) First I commend my soul to God & my body to the ground from whence it was taken to be Buried in a deasont manner at the Discretion of my Executor hereinafter Named, After my Just Debts pad & funeral Expenses I Lend to my Beloved Wife Winifred Cozart all my stock and the three Negroes (To wit) Mille, Rose & Major and all my household furniture & working tools During her Natural life or Widowhood Together with one Hundred & Fifty acres of Land whereon I Now life for the same Term of time, i.e. for life Middle southward[See Note 1] Item I Give and Bequeath to My Son James Cozart one part of the land I now live on Supposed to contain one Hundred & Seventy Acres bounded by the creek & old path leading to Weakley's which land he has since Sold to William Tatum, & William Brinkley To him his heirs or assigns also Twenty Shilling Courency West End[See Note 1] Allso To my Son William Cozart I Give one other part of my Land bounded by the road & the Creek as laid off To him his heirs or assigns &c - No. East Corner[Note 1] Allso To my Son Robert Cozart the remainder of the tract after the above portions are taken of[f] I Give to him Said Robert his[sic] his heirs or assigns for Ever So east corner[Note 1] --- The Tract of land on flat River containing Seventy & an half acres I give to my two sons William & Robert to be Equally Divided Between them their heirs or assigns for Ever [page 2] And after the Death or otherwise of my Wife all my person- al Estate to be sold on a twelve month's credit on bond and Approved Security & Equally Divided between Agnes Brinkley Sarah Whorton Winnifred Hampton Mary Hicks Williams - Cozart Robert Cozart & Jemima Cozart them their heirs or assigns &c &c I also Hereby appoint & ordain my Trust Friends Benjamin Cozart & Williams Cozart My Executors of this my last will and Testament in Witness Whereof I have hereunto set my hand & Seal this 25th Day of September 1800 Sin'd Seal'd & Deliver'd in presence of us his Anthony (A) Cozart (seal) Benjamin Cozart } mark } Jurat Williams Cozart } James Wilson [Bill of Sale by Anthony Cozart - 20 May 1809] [Will Book Volume D, page 253] Know all men by these presents that I Anthony Cozart of the County of Orange & State of North Carolina in & for consideration of the Sum of five Hundred pounds Current money to me in hand before the Sealing & delivering of these present the receipt whereof is hereby acknowledged unto Josiah Davis for the County & State aforesaid a negroe girl Tamor to have and to hold the said bargained negroe unto the said Josiah David his heirs and assigns forever & the said Cozart for himself his heir Exrs. & Administrators Doth hereby covenant to with the Said Davis his heirs & assigns that he the said Cozart & his heirs will well & truly worrant & forever defend the title of the aforesaid Negro to him the said David his hers and assigns against the claim of all & every person or persons whatsoever In Witness whereof I have hereunto affixed my hand & Seal the 20th day of May Ano Domine 1809 Signed Sealed & Delivered his in the presence of Anthony (X) Cozart (seal) mark [Will Book Volume D, page 254] John J Carrington William Brinkley Junr. Orange County Novr. Term 1809 The Execution of the foregoing "Last Will and" x-out"] Bill of Sale Was duly proved in Open Court by the Oath of John Carrington One of the subscribing Witnesses thereto & ordered to be recorded Test J Taylor CC By Theo Ferguson Additional Comments: Not found in Will Books, but the above Bill of Sale is found in Will Book Volume D, as noted. Note 1: These phrases "Middle southward", "West End", etc. do not appear in close proximity or in line with other text, so it is unclear to what it refers... Seems to be a reference to related to the land mentioned nearby in the text of the will, as a sort of accounting to keep track of what was bequeathed, but doesn't seem to join with any phrase nearby. Note 2: "W______ Cozart (widow)": the widow of the testator was "Winifred Cozart", but in these estate papers only the first initial is included. Note 3: nugatory: Of little or no importance; trifling. Estate Papers comprise 195 pages and are found in a folder labeled "Cozart, Anthony (1817)" [Estate Papers - Bill of Complaint] State of North Carolina } Orange County } In Equity To the Honorable, the Judge of the Court of Equity for Orange County The Bill of Complaint of Robert Cozart, and William Cozart of the County and State aforesaid, against Agnes Brink- -ley, James Cozart, Prosper Horton and his Wife Sarah, Noland Hampton and his Wife Winifred, Mary Hicks, and Isaiah Davis, and his Wife Jemimah heirs of Anthony Cozart deceased and W______ Cozart, (widow) [See Note 2] defendants &c Humbly complaining shew unto your Honour, Your Orators Robert Cozart and William Cozart, that Anthony Cozart deceased late of the County and State aforesaid, Your Orators' late father, being in his lifetime and at the time of his death, seized possessed of, and in- -terested in, a considerable estate both real and personal, and being minded to make a disposition of the same agree- -ably to his own good will, did on or about the second day of March in the year of our Lord, one thousand eight hundred and sixteen, being of sound disposing mind, memory, and understanding duly make and publish his last will in writing, which said will was duly signed sealed, published and declared by Your [page 2] 2 Orators said father in the presence of three competent and credible witnesses, You Orators further shew, that the late father of your Orators continually kept the said Will in his possession until within a very short time of his death, and repeatedly expressed a complete satisfaction in the disposition of this estate agreeable to the devises and bequests contained in the said last will and testament; that your Orators' late Father ["gradually" x-out] languished for a consi= -derable time previous to his death under in -creasing debility ["and the weight of years" x-out] his mind notwithstanding will retaining it ["original and" x-out] usual vigour; that your Orators' late father on all occasions expressed a decent anxiety that his estate might be divided after his death according to the dis= -position contained in the said last Will, that your Orators' late Father departed this life in the Month of January in the year On thousand Eight hundred and seventeen; that the aforesaid will in writing was presented to your Orators late Father at his request about Seven of eight days before his death for his inspection, and at his special request the said Will was read to your Orators late Father, and the he expressed no dissatisfaction with the devises and bequests contained in the said Will, so far for Manifesting any dis- -pleasure, he directed the sd Will is be deposited amongst his valuables in a certain chest, You Orators further shew that you Orators last Father departed this life in a few days [page 3] 3 afterwards without altering, revoking or can= -celling the said Will ["previous to death" x-out] Your Orators further shew that the devises and bequests contained in the said Will, excited much displeasure amongst some of the legatees, which was expressed by indecent murmurs and reproaches, that the said ["very" x-out] legatees that evinced refactory dispositions had free access to the va= =luables of the said deceased, the said chest being without a lock to secure its contents. Your Orators further shew, that within the space of two or three days subsequent to the death of Your Orators' father that some of the Children of the deceased, convened by appointment at the late dwelling of the declared for the purpose of collecting and depositing his valuable papers &c in some safe hand, that your Orators made diligent search for the said Will but were unable to find it. You Orators further shew that the said Will was in existence at the time of the death of Your Orator' late Father, that a surreptitious removal of the said Will with= -out discovery was impracticable during the period that intervened between the inspection of the said Will by Your Orators Fathers as stated in the foregoing part of this Bill, and the line of his death inasmuch as the friend of the deceased were constantly present in the same room with the said Chest, watching the last hours of the deceased You Orators further shew that they are heirs and children of the said Anthony Cozart, deceased. You Orators well hoped that the defendants in this suit, towit Agnes Brinkley, James Cozart Prosser Horton and his wife Sarah, Noland Hampton and his Wife Winifred, Mary Hicks Isaiah Davis and his Wife Jemimah, W. Cozart or some or one of them, would have disclosed the said will and brought it in the County Court of Orange and offered it for probate, and had it duly filed [page 4] 4 in the Clerks office, as in conscience and Equity they ought to have done, But Now so it is May it please your Honor, that the said Agnes Brinkley, James Cozart, Prosser Horton & his wife Sarah, Noland Hampton and his wife Winnifred, Mary Hicks, Isaiah Davis and his Wife Jemimah, and W_____ Cozart combining and confederating together, to and with divers other persons as yet unknown to your Orators (but whose names when discovered, your Orators pray may be inserted herein, as defendants & parties to this your Orators' suit, with proper & sufficient words to charge them with the pre- -mises) in order to oppress and injure your Orators do ["absolutely" x-out] wholly neglect ["and" x-out] to produce the said Will, and offer it for probate in the County Court, or so to secure it and safely deposite it, that the devises and legatees in the said Will may obtain the benefit, of the dispositions, devises and bequests contained in the same. For reason whereof the said Confe= -derates sometimes alledge and pretend that the testator made no such Will, nor any other Will to the effect aforesaid, and at other times they admit that the said testator made such will, but then they pretend that the said testator cancelled and destroyed the said Will; at other times they pretend that the testator became dissatisfied with the devises and bequeath con- -tained in the said Will, and therefore directed the confederates or some of them to destroy and cancel the said Will in the testator life -time, at other times they admit that the testator made such Will, but pretend that the testator [page 5] 5 revoked the same according to law; at other time they admit that such Will may be in existence, but then they pretend that it was mislaid or entirely last in the lifetime of the testator whereby the provisions of the same have become nugatory[See Note 3]; at other times they admin [???] that the said Will is within their knowledge and power, but pretend that the illegality, of the execution and publications of the same dis- -charges them from all obligation to dis- -cover it. At other times they admit that they have the said will within their knowledge and command but then they urge that the testator manifested such disinclination that the will should stand as was equivalent to a revocation of the same or at lest such, as binds them in conscience to suppress the will. Whereas you Orators charge the truth to be, that the said testator died in January in the year One thousand Eight hundred and seventeen, seized possessed of and interested in, considerable real and personal Estate, that your Orators' father the said Testator when of sound mind and disposing memory, did duly make and publish the said Will; that the said Testator did depart this life without altering, cancelling or revoking the same, that the testator a few days previous to his death did express full satisfaction in the devises and bequests of the said Will, that the said Will thereafter was continually within the power of the defendants or some of them, and Your Orators further charge that the said Will did continue to be after the death of the testator and now is in the possess= -sion of the ["defendants" x-out] confederates or some of them, that the ["defendants" x-out] confederates have wholly neglected and refused [page 6] 6 to bring the said Will into Court and offer it for probate that the confederates do refuse to make partition and division of the Estate of the said testator agreeable to ["the" x-out] his Will All which actings, pretences, and doings of the said Confederated are contrary to Equity and good Conscience, and tent to the ma= -nifest injury and oppression of your Orators In tender consideration whereof, and for that your Orators are remediless in the premises by the strict rules of the Common Law, and re= -lievable only in a Court of Equity, where mat- -ters of this sort are properly cognizable, To the end therefore that the said confederates may respectively full true direct and perfect ans- swer make upon their respective corporal oaths according to the best of their respective knowledge information and belief to all and singular the charges and matters aforesaid, as fully in every respect as if the same were here again repeated more specially that they may respectively set forth and discover according to the best of their knowledge and belief, whether the said An= -thony Cozart Your Orators' father Did duly make and publish such last Will and testament in writing, in the month of ["of" x-out] March as afore- -said, or whether any other, and what last Will and testament, of any other and what date Whether the testator did nominate executors in the said last Will, and who they are when the sd. Anthony Cozart the testator died, whether the said Anthony Cozart cancelled the said Will, and when ; and before whom, and [page 7] 7 Whether he revoked the said Will, or attend the same, and when, and in the what manner, and before whom; whether the said Anthony Cozart did not depart this life, having the said Will, or some other will and what Will Whether the confederated know where the last will of the said Anthony is, in whose hands, or in what place whether the said Anthony Cozart did not have a will when he died, and what hands was the will deposited in before his death, or after his death; Whether the said will was not destroyed before or after the death of the testator voluntarily, or removed surreptitiously by the confederates, or some them, or one of them or by some others, or some other, whose names are yet unknown to your Orators; whether the said Will was not cancelled, destroyed or removed before or after the death of Your Orators' father, by an extorted assent given in the testators life time; whether the confede= -rates can give any information with respect to the said Will, either upon their own know -ledge, or the knowledge of either of them, or upon their belief or reasonable conjecture and what information, what they know, what they believe, what they reasonably conjecture, each and every thing particularly; and whether the said Confederate, or one, and which of them [x-out] refused & neglected to bring the said Will into the County Court and offer it for probate, and for what reasons respectively and whether such refusal & neglect [x-out] were grounded upon the pretences [page 8] 8 herein before charged, or any, and which of them, or any other and what practices particularly, And that the said Confed -rates may produce and discover the said last Will and testament of the said Anthony Cozart deceased; that they may be compelled by a decree of this honorable Court bring it into Court and offer it for probate; or in case the said Will is destroyed that all the devises, bequests and provisions contained in the said Will may be decreed by this Honourable Court, & be effectuated agreeably to this and that your Orators may have such further and other relief in the premises as the nature of this case shall require, And as to your honor shall seem meet, May it please your Honour to grant unto your Orator Your Writs of Subpoena to be directed to the said Agnes Brinkley, James Cozart, Prosser Horton and his wife Sarah, Nolan Hampton and his wife Winifred, May Kicks and Isaiah Davis and his wife Jemimah and W_____ Cozart (widow) and the rest of the con= -federates who discovered, thereby com- -manding them to every of them, at a certain day and under a certain pain therein to be specified personally to be and appear before your Honour in this Honourable Court, and then & there to answer all & singular the premises aforesaid, and to stand to, perform and abide such order, direction and decree therein as to you Honour shall seem meet and you Orators shall ever pray Willie R Mangum for Complainants [Estate Papers - Bill of Complaint 17 Mar 1817] State of North Carolina } In Equity Orange County } To the Honorable the Judge of the Court of Equity for the County of Orange The Bill of Complaint of Robert Cozort & William Cozort of the County and State aforesaid against Agnes Brinkley, James Cozort, Prosser Horton & his wife Sarah, Noland Hampton, & his wife Winifred, Mary Hicks and Isaiah Davis & his wife Jemimah heirs of Anthony Cozort deceased and W ______ Cozort (widow) Defendants &c. Humbly Complaining shew unto your Honor your Orator Robert Cozort & William Cozort that Anthony Cozort deceased late of the County & State aforesaid, your Orators late father being in his life time and at the time of his death seized possessed of and interest in a considerable Estate both real and personal and being minded to make a disposition of the same agreeably to his own good Will did on or about the second day of March in the year of our Lord One thousand Eight hundred and Sixteen, being of sound disposing mind, memory and understand= =ing duly make and publish his last Will in writing which said Will was duly signed sealed published and declared by your Orators said father in the presence of competent and credible witnesses. Your Orators further shew that the late father of your Orators continually kept the said will in his possession until with a very short time of his death and repeatedly expressed a complete Satisfaction in the disposition of his Estate agreeably to the devisees and bequests contained in the said Last Will and testament that your Orators late father languished for a considerable time previous to his death under increasing debility his mind notwithstanding still retaining its usual Vigour that your Orators late father on all occasions expressed a decent anxiety that his Estate might be divided after his death according to the disposition Contained in the said last Will that your Orators late father departed this life in the month of January in the year One thousand Eight hundred & Seventeen that the aforesaid Will in writing was presented to your Orators late father at his request about seven or eight days [page 2] before his death for his inspection and at his special request the said Will was read to your Orators late father and that he expressed no dissatisfaction with the devises and bequests contained in the said Will, so far from manifesting any displeasure he directed the said Will to be deposited amongst his valuable in a certain Chest. You Orators further shew that your Orators late father departed this life a few days afterwards without altering revoking or cancelling the said Will. You Orators further shew that the devises and bequests contained in the said Will excited much displeasure amongst some of the legatees which was expressed by indecent mur =mers and reproaches that those said legatees that evinced refractory dispositions had free access to the valuables of said deceased the said Chest being without a lock to secure its contents. Your Orators further shew that within the space of two or three days subsequent to the death of your Orators father that some of the Children of the deceased convened by appointment at the late dwelling of the deceased for the purpose of collecting and depositing his valuable papers & in some safe hands that your Orators made diligent search for the said Will but were unable to find it, Your Orators further shew that the said Will was in existence at the time of the death of your Orators late father that a surreptitious removal of the said Will without discovery was impracticable during the period that intervened between the inspection of the said Will by your Orators father as stated in the foregoing part of this Bill and the time of his death inasmuch as the friends of the deceased were constantly present in the same room with the said Chest watching the last hours of the deceased Your Orators further shew that they are heirs and Children of the said Anthony Cozort deceased. Your Orators well hoped that the Defendants in this Suit (towit) Agnes Brinkley James Cozort Prosser Horton and his wife Sarah Noland Hampton & his wife Winifred Mary Hick Isaiah Davis & his wife Jemimah [page 3] W______ Cozort[See Note 2] or some or one of them would have disclosed the said Will and brought it in the County Court of Orange and offered it for probate and had it duly filed in the Clerks Office as in conscience & Equity they ought to have done But now so it is may it please your Honor that the said Agnes Brinkley James Cozort Prosser Horton & his wife Sarah Noland Hampton & his wife Winifred Mary Hicks Isaiah Davis and his wife Jemimah & W_____ Cozort combining and confederating together to and with divers other persons as yet unknown to your Orators (but whose names, when discovered your Orators pray may be inserted herein as Defendant and parties to this your Orators suit, with proper and sufficient words to charge them with the premises) in Order to oppress and injure your Orators do wholly neglect to produce the said Will, and offer it for probate in the County Court or so to secure it and safely deposit it that the devisees and legatees in the said Will may object the benefit of the dispositions devises and bequests Contained in the same. For reason whereof the said Confederated sometime alledge and pretend that the testator made no such Will nor any other Will to the effects aforesaid, and at other times they admit that the said testator made such Will, but then they pretend that the said Testator cancelled the destroyed the said will at other times they pretend that the said testator became dissatisfied with the devises and bequests contained in the said Will and therefore directed the Confederates or some of them to destroy and cancell the said Will in the testators lifetime at other times they admit that the testator made such Will, but pretend that the testator revoked the same according to Law at other times they admit that such Will may be in existence but them they pretend that it was mislaid or entirely lost in the life time of the testator whereby the provisions of the same have become nugatory at other times they admit that the said Will is within their knowledge and power but pretend that the illegality of the execution & publication of the same discharges them from all obligation to discover it at other times they admit that they have the said Will within their knowledge and command but then they urge that the testator manifested such disinclination that the Will should stand as was equivalent to a revocation of the same, or at least such as binds them in conscience to suppress the Will whereas your Orator charge the truth to be that the said testator died in January in the year one thousand Eight hundred & Seventeen seized possessed of and interest in considerable [page 4] considerable real and personal Estate that you Orators father the said Testator when of sound mind and disposing memory did duly make and published the said Will that the said testator did depart this life without altering cancelling or revoking the same that the testator a few days previous to his dead did express full satisfaction in the devises and bequests of the said Will that ht said Will thereafter was continually within the power of the defendant or some of them and your Orators further charge that the said Will did continue to be after the death of the testator and now is in the possession of the confederate or some of them that the confederates have wholly neglected and refused to bring the said Will into court and offer it for probate that the confederates do refuse to make parti= =tion and division of the Estate of the said testator agreeably to his Will All which actings pretences and doings of the said confederates are contrary to Equity and good conscience and tend to the manifest injury and oppression of your Orators In tender consideration whereof and for that your Orators are remediless in the premises by the street rules of the common law and relieveable only in a Court of Equity where matter of this sort are properly cognisable To the end therefore that the said Confederates may respectively full true and perfect answer make upon their respective Corporal Oaths according to the best of their respective knowledge & information and belief to all and singular the charges and matters aforesaid as fully in every respect as if the same were here again repeated and they thereunto respectively interrogated and more especially that they may respectively set forth and discover according to the best of their knowledge and belief whether the said Anthony Cozort your Orators father did duly make and publish such last Will and testament in writing in the month of March as aforesaid or whether any other and what last Will & testament if any [page 5] other and what date whether the testator did nominate executors in the said last Will and who they are when the said Anthony Cozort the testator died whether the said Anthony Cozort cancelled the said Will and when and before whom and whether he revoked the said Will or Altered the same, and when and in what manner and before whom whether the said Anthony Cozort did not depart this life leaving the said Will or some other Will and what will whether the confederates know where the last Will of the said Anthony is in shoe hands or in what place whether the said Anthony Cozort did not leave a Will when he died, and what hands were the Will deposited in before his death or after his death whether the said Will was not destroyed before or after the death of the testator volun =tarily or removed surreptitiously by the confederates or some of them, or one of them or by some others or some other whose names are yet unknown to your Orators, whether the said Will was not cancelled destroyed or removed before or after the death of your Orators father by an extorted assent given in the testators life time whether the confederates can give any information with respect to the said Will either upon their own knowledge or the knowledge of either of them or upon their belief or reasonable conjecture and what information what they know what they believe what they reasonably conjecture each and everything particularly and whether the said confe =derates or one and which of them refused and neglected to bring the said Will into the County Court and offer it for probate and for what reasons respectively and whether such refusal and neglect were ground upon the pretences herein before charged or any and which of them, or any other and what pretences particularly and that the said confederates may produce and discover the said last Will and testament of the said Anthony Cozort deceased that they may be compelled by a Decree of this Honor= =able Court to bring it into Court and offer it for probate or in care the said Will is destroyed that all the devises bequests and [page 6] and provision contained in the said Will may be discovered by this Honorable Court and be effectuated agreeably to the intentions of the testator. And that your Orators may have such further and other relief in the premises as the nature of their case shall require and as to your Honor shall seem meet may it please your Honor to Grant unto your Orators your Writ of Subpoena to be directed to the said Agnes Brinkley James Cozort Prosser Horton & his wife Sarah Noland Hampton & his wife Winifred Mary Hicks & Isaiah Davis & his wife Jemimah & W___ Cozort (widow) and the rest of the Confederates when discovered thereby commanding them and every of them at as certain day and under a certain pain therein to be specified personally to be and appear before your Honor in this Honourable Court and then & there to answer all and singular the premises aforesaid and to stand to perform and abide such order direction and Decree therein as to your Honor shall seem meet and your Orators shall every pray Willie P. Mangum for Complainants [Estate Papers - Complaint (undated)] To the Worshipful the Justices of the Court of Pleas & Quarter Sessions of the County of Orange Humbly complaining shew unto your Worships your Petitioners Nolen Hampton and Winnifred his wife of the County of Orange - Isaiah David and Jemima his Wife of the same, Agga Brinkley widow of William Brinkly late of the same, and Mary Hicks widow of Daniel Hicks late of the same. That Anthony Cozort late of the same County on the _____ day of ____ in the year ______ or thereabouts died Intestate leaving James Cozort, William Cozort, Robert Cozort all of the County aforesaid, Sarah Horton wife of Prosser Horton of the County of __________ in Georgia and your Petitioners, Winnifred Hampton, Jemima Davis Agga Brinkley and Mary Hicks his children and only heirs at Law. At the said time of the death of the said Anthony Cozort deceased said Anthony was seized & possessed of a large real Estate consisting of the following tract of Land, that is to say, a tract lying on the east side of Dial's Creek on this County aforesaid containing 640 acres or thereabouts adjoining Lands of Nathaniel Carrington, Michael Carey, Benjamin Cozort and Abram Parker, which said Land descended upon the Children and heirs at Law aforesaid as tenants in common in fee simple. Your Petitioners further shew unto your Worships that the said Anthony Cozort had before his death advanced the said James Cozort in lands by him to the said James Cozort, before his said death giving to an amount equal to the share or shares to which he the said James Cozort would have been entitled as heir at Law of the said Anthony Cozort Your Petitioners further shew that they are desirous of a division of the said Lands and had hoped that the same might have been made without any adverse proceeding but now [page 2] so it is, that the said James, William & Robert Cozort & the said Prosser Horton & Sarah his wife, although often thereunto requested by your Petitioners, have hitherto refused and yet do refuse either to divide the said lands by peaceable agreement [with your Petitioners] or to Join with your Petitioners in a petition to your Worships for that purpose. Pretending and giving out in speeches at some times, that the said Anthony did not die intestate, but before his said death, the said Anthony made and published his last Will and Testament whereby he devised his said Lands to the said Robert Cozort and William Cozort, and that said Anthony died without revoking or altering said Will and that at other times pretending, that, although the said Anthony did die intestate as herein stated, yet that no advancements were made as herein stated to the said James Cozort Whereas your Petitioners charge and the said James, William & Robert Cozort, and the said Prosser Horton and Sarah his wife well know, that the said Anthony Cozort did die Intestate as herein stated, and that if said Anthony in his lifetime did make his last Will and Testament, which your Petitioners charge is false, yet that the said Anthony before his death did revoke and absolutely annul said Will, and afterwards died without republishing the same, or making any other Will, intestate, and whereas also your Petitioners charge as the truth is, that the said James Cozort was advanced in manner as herein before shewn To the End therefore that the said James, William and Robert Cozort and the said Prosser Horton & Sarah his Wife may upon oath true and perfect answer make to all and Singular the premises, that the said Lands may be divided by Commissioners to be appointed by your Worships, among the said heirs at Law of the said Anthony, and that the said James Cozort may bring into hotch pot [page 3] hotch pot[hodgepodge] the several advancements to him made, and set forth a particular account of the same, or may abandon any claim to any part of the said Lands, And that your Petitioners may have such other and further relief as to your Worships, the Circumstances of their Case may seem to require ---- May it Please your Worships to grant you Petitioners Writs of Subpoena directed to the said James, William, Robert and Prosser Horton & wife respectively commanding them to appear before your Worships on the fourth Monday of May next at the Court House in Hillsborough, then & there to answer the premises and to abide by and perform all and singular the things which your Worships shall Order and decree herein &c Your Petitioners shall ever Pray Geo. E. Badger Atto: for Petitioners [Note that the legibility of this document is marginal, however this transcript is of a handwritten copy included in the folder] [Estate Papers - Deposition 24 Oct 1820] State of North Carolina } Orange County } In pursuant to the annexed commission to us directed at the house of John J. Carrington in the County & State aforesaid on the 24th day of October AD 1820. Noland Hampton the Plaintiff and Robert Cozart one of the defendants being present - we proceed to take the deposition of Sarah Cozart to be read as evidence in behalf of the Plaintiff wherein Noland Hampton is Plaintiff and Robert & William Cozarts administrators Pendente lite of the estate of Anthony Cozart Decd. are defen- -dants in a certain matter of controversy now pending in Orange County Superior Court of Laws Sarah Cozart havin been first sworn upon the hold evangelists of the Almighty God - to depose the truth the whole truth and nothing but the truth between the said parties named in the above caption[?] and the annexed commission Deposeth and Sayeth as follows towit That this deponant wat[was] at the house of the Decd. some time before his death - that the[sic] she believes not more than One year before his death, and that the deceased told this deponant, that Noland Hampton had had back [bad] luck with his Two negroes - and the deceased further stated to his deponent the[that] he intended that Noland Hampton should not lose the negroes - that he intended to make him amends for them - and the Deceased further stated to this deponant that he did not want any thing said about it ["in" x-out] [his the Decd. lifetime, for it ????" ] to have an interruption[?] in his the Decd. life time - And further this deponant sayeth not Sworn to & subscribed before } his us on the time & place above } Sarah (X) Cozart Specified } mark Jno. J. Carrington J.P. Sterling Harris JP [Estate Papers - Deposition 29 Aug 1820] North Carolina } Orange County } In pursuance of a commission to us directed, to take the Deposition of Willie P. Mangum at the store of Wm Cain in the Town of Hillsborough in the 29th day of August 1820 to be read as evidence in a matter of controversy now pending in the Superior Court of Law in & for the state & County aforesaid wherein Noland Hampton is plaintiff & Robert & William Cozart Admrs. of Anthony Cozart decd. are defendants. We caused the sd Willie P Mangum to appear before us at the time & place aforesd. who being first duly sworn deposeth & saith. That since six of seven years ago not exceeding seven years ago the precise time not accurately remembered - that Noland Hampton the plaintiff in sd Suit rode with Deponent from Flat River to Hillsboro. at which time Deponent was a student at Law that sd, Hampton occupied a considerable portion of the time in inquiries respecting differences which at the time [? existed] between him and Anthony Cozart now decd. Hampton stated that he had at that time purchased either one or two negro slaves of sd. Anthony, that the Ne- groes were unsound & that sd. Anthony had refused or was unwilling to indemnify sd. Hampton, & sd. Hampton at that period contemplated according to his conversation to institute a suit against sd. Anthony Cozart to recover damages for the fraud that he stated the sd. Anthony had practiced upon him, the difficulty at the time of the Conversation, seemed to be that sd. Hampton would be barred by the Statute of Limitations - This the deponent remembers for that inquiries were made whether conversation with & admissions by sd Anthony would not prevent the operation of the status at [page 2] which time the Deponents ignorance of the Law, prevented any satisfactory answer. -- The Deponent further say that at that time sd. Hampton repeatedly stated in substance that if he could not sustain a suit he should never get any satisfaction. -- At a subsequent period in 1815 or 1817 as well as he remembers Hampton came to advise the Deponent touching some matter of Controversy respecting the estate of sd. Anthony decd. - the deponent told sd. Hampton that he could not hear his case inasmuch as Robert Cozart had employed him in the whole business as he understood -- Hampton however in presence of Deponent, the Deponents father & perhaps others persisted in his Complaints of the ill treatment of sd. Anthony & his family, And amongst other things the Deponent distinctly understood a principal griev- -ance complained of - to be that he sd. Hampton had paid for two sickly & diseased Negroes and sd. Anthony had not made him any indemnity -- In neither of which conversations did the deponent according to the best of his recollection hear a syllable importing that sd. Hampton had received any indemnity whatsoever form sd. Anthony for the prices paid for sd. Negroes. -- & this Deponent further saith not. Sworn to & subscribed before us Willie P Mangum the day & date first above written test W S China J.P. Rankin McKee JP [Estate Papers - Distributees] Robert Cozart } William Cozart } Orange Jes. Cozart --- Granville Agnes Jinkins & Jno. Jenkins - Person Sarah Horton -- Georgia Jemima David & Isaia Davis -- Tennessee Heirs of Anthony Cozart decd.