Orange County NcArchives Wills.....Cozart, James Sr December 7, 1805 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 163-166 Written: December 7, 1805 Recorded: Feb 1806 Testator: James Cozart, Sr In the name of God Amen December the Seventh One thousand eight hundred and five. I James Cozart Senr. of the County of Orange and State of North Carolina, being very low and weak of Body, but of perfect mind and sound memory and knowing that it is appointed by God for all men once to die, do Constitute, appoint and declare this to be my last will and testament. Revoking and annuling, all and every other Wills or Testaments heretofore by me made either by word or Writing and this is to be taken only for my last will and testament and none other, and this alone to be taken for my last Will and Testament. [Repeated phrase]~~~~ Imprimis my desire is that all my Just debts be punctually paid by my Executors hereafter named, out of all the legatees parts of my Estate. Item I give and Bequeath unto my Son Hiram Brinkly Cozart all my lands lying in Person County Viz 1303 acres with the grist Mill thereon, there must be a Miller kept to attend on said Mill untill Hiram Brinkly Cozart comes to the age of twenty one years & all the profits arising from said Mill at the end of said term of years must be equally divided between my three Sons Hiram, David and William, what corn is made on said above named lands this present year is to be sold & equally divided (with all the profits arising on said above lands for Seven years hereafter) Between my three sons Hiram David and William. I also give to my Son Hiram Brinkly Cozart one Negro Man nam'd Dick, One horse Bridle & Saddle. Item, I give and Bequeath unto my Son David Cozart 300 Acres of my Orange Lands lying on the west side of my plantation and Joining Flat River, also I give said David one Negroe Man called Sam, and one horse Bridle and Saddle. Item. I give and Bequeath to my Son William Cozart, the Remaining part of my Orange Lands of the east Containing 366 Acres also I give unto said William one Negroe Man Named Squire also one horse Bridle and Saddle, all the above Bequeathed [page 2] Property is not to be deliver[e]d unto either of my Sons untill they Severally come to the age of twenty one Years. ~~~~~~~ Item. I give and Demise unto my Beloved wife Sarah Cozart all my personal Household property, with all my Working utensils of every Denomination, and the Plantation whereon I now live, during her natural life or Widowhood, I also give to my wife three Negroes namely Milly, Joe, and Flora, during her natural life or Widowhood and all the above nam'd personal property to be at her full disposal, during her natural life or widowhood, and at the disease[decease] ["or" x-out] ["marriage that the surviving Executors shall dispose of said" x-out] the above name'd personal property and Negroes bequeath'd to my wife Sarah shall be fully at her disposal to do what she shall deem most proper with, I also give to my Wife Sarah one small negro Boy named Young Joe, and said Negroe Boy is to be her own property during her natural life and at her full disposal at her disease[decease], that is if she has no Issue during her natural life, also if she has Issue hereafter then this Young Joe and all other of the property in her hands, to be equally divided between my three youngest Girls Namely Edey Brinkly Cozart, Jemima Cozart, & Sarah Cozart, ~~~~~~~~ Item. I give and bequeath to my Daughter Lively Brinkley Cozart, one Negroe wench Nam'd Celia, also one Mare Saddle and Bridle, two Cows & Calves, one Bed & furniture, and other house hold furniture at the Discretion of my Widow and said property is not to be deliver'd unto her till she comes of full age or the day of her Marriage, that is to say if she is Satisfied with my will as I have made it, and Relinquishes all claim to any other Negroe property then her part bequeath[e]d to her to stand good, Otherwise if she should Contend for any More, then she is to be disanul[e]d of all and Singular the property bequeath'd to her in this Will except the Negroe Wench ~~~~~~~~~~~~~~~~~~ [page 3] Item. I give and Demise to my Daughter Edy Brinkly Cozart one Negroe wench named Tabby, one Mare Saddle and Bridle, two cows and Calves one Bed and furniture and other household furniture at the Discretion of my Widow which is not to be deliver[e]d to her to the day of her Marriage or when she arrives at full age. ~~~ Item. I give and Demise to my Daughter Jemima Cozart one Negroe wench Named Rit[Kit?], also one other Negroe Wench named Hannah also one Mare Saddle and Bridle two Cows and Calves, one Bed and furniture also house hold property at the discretion of my Widow and said Property of all Kinds is not to be Deliver[e]d to her untill the day of her Marriage or when she comes to full age. ~~~~~~~~ Item. I give and Demise to my Daughter Sarah one Negroe Wench named Kizia also one Mare Bridle and Saddle two Cows and Calves, one Bed and furniture, and other house hold Property at the discretion of my Widow she also much have the increase of said Kizia, which property is not to be deliver[e]d to her untill the day of her Marriage or when she comes to full age. ~~~~~~ Item. My desire is that my Waggon and three horses may be sold at or by the discretion of my Executors, and such moneys arising from said Sales to be put out at Interest by my Exectrs. untill my three youngest Girls come of age Namely Edy Brinkly Cozart, Jemima and Sarah, and then an equal Division of sd. money to be made amongst the three Girls, above mentioned.~~ What Cash may be on hand at my disease[decease] my desire is that it may be put out to Interest by my Executors, and remain at Int. untill my two Girls Namely Edey[sic] B. Cozart & Jemima comes to full age, and then to be equally divided among them by my Executors. ~~~ [page 4] Also I have left in the possession of James Tomison who Married Charlotte four Negroes Namely Rose and three of her Children Viz Amey Ransom & Dick together with one hors[e] Saddle and Bridle, one Bed and furniture, two Cows and Calves and all other necessaries for housekeeping, and if the said James Tomison shall prove dissatisfied with that part he has in his hands or Contend for any more, then he shall bring all the above mentioned property back again, and throw it in with the other three Girls property namely Lively B. Cozart, Edey B. Cozart & Jemima that is Bequeathed to them, and receive an equal part with them, by my Executors. ~~~~~~~~~~~~~~~~~ I further nominate and appoint my Beloved wife Sarah Cozart as Executrix to this my last Will and Testament, my desire is that the Court of Orange shall Nominate and appoint an Executor to act with my Widow. In Witness whereof I have hereunto set my hand and Seal the day and year first above Written. Signed and Sealed } his In the presence of } James (X) Cozart Senr (seal) all the interlining in this testament } mark was done before Signing } ~~~~~~~~~~~~~~~~~~~~~~~~~ Alex. McMullan } his } Jurat John (X) Taylor Senr } mark her Rachel (X) Hopkins Exr. qualified mark [Will Book Volume D, page 163] In the name of God Amen December the Seventeenth[orig: Seventh] One thousand eight Hundred & five, I James Cozart Senr. of the County of Orange & State of North Carolina being Very low and weak of Body but of perfect mind & sound memo= -ry & Knowing that it is appointed by God for all men once to die, do Constitute appoint and declare this to be my last Will & Testament revoking & annuling all and every other Wills or Testaments heretofore by me made either by word or writing and this is to be taken only for my last Will & Testament and none other and this alone to be taken for my last Will & Testament. [Repeated phrase]~~~~~~~ Imprimus my desire is that all my Just debts be particularly [orig: punctually] paid by my executors hereafter nam- ed out of all the legatees parts of my Estate, Item I give & bequeath unto my Son Hiram Brinkley Cozart all my lands lying in Person County Viz 1303 Acres with the griss[sic] Mill thereon there must be a miller Kept to attend on said mill untill Hiram Brinkley Cozart comes [to the age] of twenty one years and all the profits arising from said mill at the end of said term of years must be equally divided between my three Sons Hiram David & William what corn is made on said above named Lands this present year is to be sold and equally divided with all the profits arising on said above lands for seven years hereafter between my three sons Hiram David & William. I also give to my Son Hiram Brinkley Cozart one Negro Man Named Dick, one Horse Bridle and Saddle. ~~~ Item, I give & bequeath Unto my Son David Cozart 300 Acres of [my] Orange Lands lying on the West Side of my plantation and Joining Flat River also I give said David one Negroe Man Cal[l]ed Sam, and one Horse Bridle & Saddle ~~~~~~~~~~~~~~~ [Will Book Volume D, page 164] Item I give and bequeath to my son William Cozart the Remaining part of my Orange lands of the east ["side" x-out] Containing 366 Acres also I give unto said William one negroe Man Named Squire also one Horse Bridle & Saddle all the above bequeathed property is not to be delivered unto either of my Sons untill they Severally come to the age of twenty one years. ~~~~~~~ Item. I give and demise unto my beloved Wife Sarah Cozart all my personal Household property With all my Working utensils of every denomination & the plantation whereon I now live, during her natural life or Widowhood, I also give to my wife three Negroes namely Milly, Joe, and Flora, during her natural life or Wd[widowhood] and all the above named persl. property to be at her full disposal during her natural life or widowhood and at the decease the above named personal property and negroes bequeathed to my wife Sarah shall be fully at her disposal to do what she shall deem most proper with I also give to my Wife Sarah one Small negro Boy named Young Joe, and said negroe boy is to be her own property during her na- tural life and at her full disposal at her decease that is if she has no issue during her natural life, also if she has issue hereafter then this Young Joe & all other of the property in her hands to be equally divi ded between my three youngest girls Namely Edy Brinkley Cozart Jemima Cozart & Sarah Cozart, ~~~~~~~~ Item I give & bequeath to my daughter Lively Brinkley Cozart one ne- groe wench [named] Celia also one Mare Saddle and bridle two Cows and Calves one Bed and furniture & other Household furniture at the discretion of my widow and said property is not to be delivered unto her till she comes of full age or the day of her mar[r]iage that is to Say if she is Satisfied with my will as I have made it and relinqu- ishes all claim to any other negroe property then her part bequeat- hed to her to stand good, otherwise if she should contend for any more, then she is to be disanuled of all and singular the property bequeathed to her in this will except the Negroe Wench [Will Book Volume D, page 165] Item I give & demise to my Daughter Edey Brinkley Cozart, one Negroe Wench named Tabby, one Mare Saddle & bridle, two Cows and Calves one bed & furniture [and other household furniture] at the discretion of my widow, which is not to be delivered to her to the day of her mar[r]iage, or when she arrives at full age ~~~ Item, I give & Demise to my daughter Jemimah Cozart one Negroe wench Named Rit, also, one other [negroe] wench nam- ed Hannah, also one mare Saddle & bridle, two Cows & Calves, one bed and furniture also Household property at the discretion of my Widow, and said property of all Kinds is not to be delivered to her untill the day of her mar[r]iage or when she comes to full age. ~~~~~~ Item, I give and Demise to my Daughter Sarah one negroe wench, named Kizia, also, one Mare bridle and Saddle, two Cows and Calves, one Bed and furniture and other Household property at the discre- -tion of my Widow She also much have the increase of said Kizia which property is not to be dilivered to her untill the day of her mar[r]iage or when she comes to full age. ~~~~~~ Item my desire is that my Waggon and three Horses [may be sold] at or by the discretion of my Executors & such moneys arising from said sales to be put out at interest by my executors untill my [three] youngest girls come of age namely Edy Brinkly Cozart Jemima & Sarah and then an equal division of sd. money to be made amongst the three girls above mentioned ~~ What Cash may be on hand at my decease my desire is that it may be put out to interest by my executors & remain at Int. untill my two girls Namely Edy B. Cozart & Jemima comes to full age and then to be equal ly divided among them by my executors ~~~ Also I have left in the possession of James Tomison who mar[r]ied Charlotte four negroes Namely Rose & three of her Children (Viz) Amy, Ransom, & Dick together with one Horse Saddle and bridle one bed & furniture two Cows and Calves and all other necessaries for House Keeping, and if the said [Will Book Volume D, page 166] James Tomison shall prove dissatisfied with that part he has in his hands or Contend for any more, the[n] he shall bring all the above men- tioned property back again, and throw it in with the other three girls property namely Lively B Cozart, Edy B Cozart & Jemima that is bequeathed To them & receive an equal part with them by my Executors. ~~~~~~~~~~~~ I further nominate & appoint my b[e]loved wife Sarah Cozart as executrix to this my last Will & Testament my desire is that the Court of Orange shall nominate and appoint an Executor to act with my widow in witness whereof I have hereunto set my hand and seal the day & year first above writ- ten Signed & sealed In the presence of Alex. McMullan his his John (X) Taylor Senr James (X) Cozart Senr (seal) mark mark her Rachel (X) Hopkins mark Orange County Febry. Term 1806 The Execution of the foregoing last Will & Testament of Jas. Cozart Decd. was duly proved in open Court by the oaths of Alexr. McMullen & John Taylor two of the subscribing Witnesses there -to and ordered to be recorded ~~~ At the same time the Exrx. qualified accordingly ~~~~~ J Taylor Additional Comments: Will Book Volume D, pages 163-166 Recorded Feb 1806 In Will Book Volume D there are two consecutive pages numbered 163. The first page of this will is marked 163, as is the previous page in the book. Estate Papers comprise 84 pages and are found in a folder labeled "Cozart, James (1806)". Note 1: Usually when quoting from the will, these passages are word-for-word repetitions what is actually in the will. In this case, this passage is a paraphrase. For example the author of this Bill of Complaint is confused about who is speaking in the will when the author uses "at the discretion of his executrix", which in the original is "at the Discretion of my Widow". The meaning is largely intact, however, although the passage is in quote marks, it is not a quote. Note 2: In the will, Edy is bequeathed Tabby [Estate Papers - Bill of Complaint by William Horton 10 Aug 1811] State of North Carolina } Orange County } In Equity To the honorable the Judge in Equity for the County of Orange. The bill of com -plaint of William Horton & Lively his wife against Sarah Cozort executrix of the last will & testament of James Cozort deceased & William Lunsford all of the County and State aforesaid ------------------- Humbly complaining sheweth unto your Honor your Orator William Horton & Lively his wife, that in the year eighteen hundred & five James Cozart the father of your Oratrix Lively Cozort departed this life, having previously made his last will & testament, wherein among other things he devised to your Oratrix Lively "one negro girl named Celia " one mare bridle & saddle, two cows & calves, one bed & furniture " & all house hold furniture at the discretion of his executrix - " & if she contends for any other negro property she is cut off " the whole but the negro" [See Note 1] - That by his said will he devised to Edie Cozort a negro woman by the name of Tabb [See Note 2] - Your Orators further shew unto your Honor, that sometime previous to the making of his will aforesaid, James Cozort gave to your oratrix Lively his daughter, the said negro named Celia afterwards devised to her by his will & the negro woman Tabb - devised as before state to Edie Cozort - together with the man mentioned in the devise to your oratrix Lively - The Sarah Cozort one of the defendants in this bill was appointed executrix of the said last will & testament of the aforesaid James Cozort, & legally proved the same & took upon her its due execution, & that William Lunsford [page 2] the other defendant intermarried with Edie Cozort. -- Your Orators further shew that Tabb has become the mother of two children Hannah & Tamer - That Hannah is in the possession of Sarah Cozort, & Tabb & Tamer in the possession of William Lunsford - Your Orators fur =ther shew unto your Honor that they were married together in the month of July eighteen hundred & six - at which time your oratrix Lively was an infant under the age of twenty one years. - That immediately upon their intermarriage as aforesaid, your orator William Horton applied to Sarah Cozort & William Lunsford to know the circum =stances attending the before mentioned gift or to ascertain whether any such gift had ever been made - That upon his application as aforesaid the said Sarah Cozort & William Lunsford utterly denied any knowledge of the gift of the said negros Celia & Tabb to your oratrix Lively - & expressed a strong con =viction that no such gift had ever been made - Your Orator further applied to the other persons; who he had been in =formed, were present at the time of the gift, but they also denied having any knowledge thereof. - You Orator being induced by this representation to believe that no such gift had ever een made accepted from ["his" x-out] the executrix Sarah Cozort the property devised to his wife Lively by her said father James Cozort - executing at the same time to said executrix a receipt for the same, & and a release of all claim upon the estate of the said James Cozort deceased, for any other negro property - No sooner had your Orator William Horton received the property as devised, & executed the receipt & release as above mentioned, than the said Sarah Cozort declared at various times her knowledge of the gift, asserting at the same time that your orators [page 2] could easily have recovered the negro Tabb if they had known their rights the truth of which was well known to the said William Lunsford exulting over the honest credulity of your orator William & in her own duplicity and address. -- You Orators state to your Honor that it was not until within two years last past, that they came to the knowledge of the above declarations of the said Sarah Cozort - that immediately upon hearing of them your orator William went & demanded from the said Sarah Cozort, the said negro Tabb, & her two children Hannah & Tamer - tendering at the same time to her the said Executrix all the property he had received under the will of the said James Cozort, & which had not been previously given to her by her said father - he also demanded from the said William Lunsford the negros Tabb & her child Tamer - But now so it is - may it please your Honor the said Sarah Cozort and William Lunsford combining & confederating with divers other persons, whose names are at present unknown to your orators, but who when discovered they pray may be made parties to this their Bill, with apt words to charge them how to injure & defraud your orators have refused, & still do utterly refuse to deliver up to your orators, the said negros Tabb, Hannah & Tamer -- pretending & giving out that the said negros never were given to your oratrix Lively by ["her" x-out] the aforesaid James Cozort her father, or if any such gift ever was made that your orators have entirely & utterly lost all benefit therefrom, but receiving the property devised by the will of the said James Cozort, & by the receipt & release executed by your Orator William. -- Whereas the fact & truth is as [page 3] your orators expressly charge, that the said negros were given to your oratrix Lively by her said father James Cozort, & delivery made of them at the time of such gift & that the said Sarah Cozort & William Lunsford, well knew the same, the said Sarah having been present at the time of the gift & delivery - they further expressly charge that they received the property devised under an ignorance of their right, & under a perfect confidence in the honesty of the said Sarah Cozort, a confidence shamefully abused - they further expressly charge that the receipt & release executed by your orator William was obtained from him by the said Sarah Cozort, by a fraudulent suppression of the truth, by deceit & im =position - All which actings, doings, & pretences of the said confederates are contrary to Equity & good conscience & tend most apparently to the injury & great wrong of your orators; In tender consideration whereof and for as much as your orators are altogether remediless in the premises at common law, & cannot be relieved but by the favorable aid of a court of Equity, where matters of fraud imposition & deceit on property to be discovered inquired into & relieved against - To the end therefore that the said Sarah Cozort & William Lunsford, & the rest of the confederates when discovered, may upon their corporal oaths, full, true, distinct, & perfect answer res =pectively make to all & singular the matters & things herein & hereby charged, & that in as full and ample a manner as if the same were here again particularly repeat =ed and interrogated - What the said Sarah Cozort & William Lunsford may more particularly set forth [page 4] and discover whether the said James Cozort father of your oratrix Lively did not previous to making his said Will as above mentioned, give to her the negroes Celia & Tabb, together with other personal property & what that other personal property was, particularly whether a mare was not given her at the same time the negroes were, & whether the mare subsequently devised to her by her said father was not the same with had been previously given ? - Whether the said Sarah Cozart & William Lunsford were not present at the gift of the above property, who besides were present, & at what time was it made? Whether your orator William Horton did not apply to the said Sarah Cozart & Wm Lunsford to give him information concerning such gift? And is whether upon such application they did not deny all knowledge of any such gift, & expressly declare that none such had ever taken place? Whether she did not believe & know that your orator William Horton was induced by these representations to accept the property devised to his wife you oratrix Lively & execute the receipt & release above mentioned? - Whether she the said Sarah Cozart did not very soon after the date of said receipt & release to different people and at dif =ferent times declare that your orators might easily have recovered said property, if they had sent for the same? & what was her reason for making such declar =ations? Whether your orator William did not tender to her all the property he had received from her under the will of the said James Cozort except such as had been previous =ly given to his wife your oratrix Lively? Whether your orator William did not demand of them the said [page 5] Sarah Cozart & William Lunsford the said negro Tabb Hannah & Tamer? Whether the said William Lunsford did not intermarry with Edie Cozart, to whom the negro Tabb was devised by James Cozart? And that the said receipt & release ["may be brought" x-out] executed by your orator William may be brought into this honorable Court by the said Sarah Cozort & William Lunsford, & that the same may be declared to be null & void, & absolutely set aside as against your orators, & that the said negros Tabb, Hannah & Tamer, may be decreed to be delivered up & put into the possession of your Orators by the said Sarah Cozort & William Lunsford --- & that the said Sarah Cozort & William Lunsford may account with your orators for the hire of said negroes & that your orators may be further & otherwise relieved in the premises according to Equity & good conscience, & as the nature & circumstances of their case shall require -May it please your Honor to grant to your orators the states writ of subpoena to be directed to the said Sarah Cozort & William Lunsford, thereby commanding them at a certain day & under a certain penalty therein to be inserted, personally to be & appear before your Honor in this Honorable Court, then & there to answer the premises & to stand to and abide such order & decree therein as to your Honor shall seem agreeable to Equity & good conscience - And your Orators as in duty bound; will every pray &c F. Nash Solicitor for Complainant [Estate Papers - Inventory 7 May 1806] An inventory of the Estate of James Cozart taken by me Sarah Cozart Executrix of James Cozart Decd. this 7th day of May 1806 [sundry articles omitted] 12 Negroes Viz. Dick, Sam, Squire, Joe Young Joe, Seal[Celia], Tab, Mill, Flora, Kiz, Hannah, & Ritt. ------- [Estate Papers - Answer to Bill of Complaint by Lunsford 10 Apr 1814] North Carolina } Orange County } In the Court of Equity The separate answer of William Lunsford to the Bill of Complaint of William Horton and Lively his wife exhibited against Sarah Cozort & this Defendant - This Defendant saving and reserving to himself all benefit of exception to the untruths and insufficiencies in the Complainants' Bill of Complaint contained, for answer thereto &c saith, That this defendant believes and admits to be true as charged in the Bill, the death of James Cozort in the same mentioned and the that he did, about the time in the Bill mentioned make and duly publish his last Will & testament in writing whereby he devised and bequeathed as set forth and alledged[sic] in the com -plainants Bill - He also admits that he intermarried with Ede Cozort, one of the daughters and legatees of the said James deceased on the ___ day of May A.D. 1810 or thereabouts whereby he is advised that the personal estate of the said Ede became his property: He also admits that he has at this time the said negroes Tabb and Tamer in his possession & claims them as his property, fully believing them to be so- For this Defendant had very little or no knowledge of the Cozort fa -mily or its affairs until the beginning of the year 1810, being a Stranger & but lately removed into this County: this defend -ant not knowing therefore, of his own knowledge, any thing of the gift of the said negro Tabb to the said Lively as alledged by Complainants, he does not deny or admit the same to be true, but hopes that the Complainants shall be compelled to make one proof thereof; and the rather[?] because this defendant is informed, and does believe truly, by the other Defendant Sarah Cozort, that no such gift was ever made by the said James deceased within her knowledge, or as she had any reason to believe - But this defendant humbly insists that even if such gift had been made as is pretended, that the said William Horton one of the Complain -ants, hath waived and lost all benefit under the same, but having truly and voluntarily as this defendant believes, accepted [page 2] the leagacy bequeathed by the said James deceased by his last will to the said Lively and executing some months afterwards, towit, on the 24th November 1806 the Receipt, release and discharge, following, towit "Received of Sarah Cozort Executrix of James Cozort deceased one negro girl by the name of Cely, one mare saddle & Bridle, two Cows & calves, one bed & furniture, and other household furni- -ture at the discretion of the Widow, is is according to the will of James Cozort deceased entitled me to and no further, and do hereby say and affirm that I will have nor receive any gift nor gifts made or delivered of negro or negroes made previous to the will made by the said James Cozort deceased - given under my hand this the 24th Nov 1809 -- Test - James Walker } William Horton (Seal) Richard Brinkley } ---- the original whereof is now in the possession of the said Defendants & ready to be pro -duced and verified as may be required -- This defend -ant saith that all these events occurred before his in -termarriage or acquaintance in the family: and therefore that he cannot have any personal knowledge of them But he expressly answers that he totally disbelieves the allegation contained in the Bill, that the other defendant Sarah Cozort did upon that occasion suppress the truth or use any art address[?] or influence to induce the said William Horton to execute the said paper writing- And this defendant saith that on the contrary he is in formed by the said Sarah Cozart & others who were present on that occasion that the said Complainant had a true copy of the Will of the said James deceased, exa= -mined it and was fully informed as to its contents & his rights; and after this due & full notice did at the expi -ration of several months, voluntarily & of his accord execute the above mentioned release and discharge; in which he afterwards, for a long time, peacibly ac -quiesced without set[t]ing up any claim for Tabb & her [page 3] increase; nor indeed did he ever do so, as this defendant has heard of until just about the time of this defendants marriage, when to this defendant's astonishment, the Com -planants pretended a right to the negroes since that time delivered over to him by the said Sarah as the legacy bequeathed to his wife Ede; This defendant was present when the Complainant demanded the said negroes from the other defendant and he says that none of the property mentioned in the foregoing Release & receipt was present at the time or tendered to the said Sarah -- This Defendant denies all combination with any person whatever to deceive or injure the Complainants and prays to be hence dismissed with his Costs in this behalf expended &c William Lunsford maketh Oath that the several matters of fact stated in this answer as of his own knowledge are true; those not of his own knowledge he believes to be true Sworn to & subscribed before me his this 10th day of April 1814 William (X) Lunsford mark A. B. Bruce DCME [Estate Papers - Answer to Bill of Complaint by Cozort 6 Mar 1812] North Carolina } Orange County } to Wit -- In Equity The answer of Sarah Cozart Execu- trix of James Cozart decd. to the Bill of Complaint of William Horton and Lively his wife exhibited against her and William Lunsford defendants. This defendant saving and reserving to herself all benefit of exception to the untruths and Insufficiencies in the Complainants Bill of Complaint contained --- for Answer there to &c saith The said James Cozart her Testa- tor departed this life on or about ________________ having made & duly published his last will &c containing among other things the following devise to Wit, " I give to my daughter Lively one negro girl named Celia, one "Mare, saddle and Bridle, two cows and calves, one "Bed and furniture, and my household furniture "at the discretion of my Executrix, and if she contends "for any other Negro property, she is cut off the whole, but "the negro." --- The said Testator also by his said Will gave the negro Tabb mentioned in the Bill to Ede Cozart his daughter, she since his death hath intermarried with William Lunsford the other defendant. --- This defendant admits that she is in possession of Hannah one of the children of the said negro Tabb; and that the said Tabb and her daughter Tamer are in the possession of the said William Lunsford After the intermarriage of the Com- plainant William with the said Lively the daughter of this defendant -- the said William Horton appli- ed to this ["Complainant" x-out] defendant for the Legacy to which his Wife the said Lively was entitled under the will of the said James Cozart; and at some time stated that he had been informed that the said James Cozart had made a par al[? special?] gift of the said negro Tabb to the said Lively his Wife - but added that if this was the fact he had much rather have the property embraced[?] in the before recited legacy to his wife then the said negro Tabb - This defendant doth solemnly and positively deny all or any knowledge of any gift made by her Testator the said James Cozart in his life time of the said negro Tab to the said Lively the Wife of the Complainant - Nor has she any reason to believe that any such gift as is pretended [page 2] was ever made by the said James Cozart to the said Lively -- She presumes however that her Husband the said James had some reason to fear that a claim might after this death be made by his said daughter, or such person as she might marry, to some of his negro property / other than that devised to her as aforesaid / or the grant of a pro tem deed gift to be made by the said James to the Complainant Lively; from the circumstance of his having inserted in his will; that in case the said Lively should content for any other negro pro- perty that she should be "cut off the whole but the negro" - This defendant was not privy to the making of the said Will nor to the contents thereof in the lifetime of the said James nor had she any knowledge of the same till after the death of the said James --- When the complainant William applied to this defendant for the legacy of his Wife; she shewed him a try copy of the said James's Will, which he saw & read the property mentioned in said devise; and some months afterwards, to Wit on the 24th Nov. 1805, he freely and vo- luntarily, wrote and executed the following receipt and discharge to Wit -- " Received of Sarah Cozart Execu- trix of James Cozart deceased one negro girl by the name of Sely /Celia/ one mare, saddle and Bridle, two cows and calves, one Bed and furniture, and other Household furniture [x-out] at the discretion of the Widow, which is according to the Will of James Cozart deceased entitled me to , and not further, and do hereby say and affirm, that I will have, nor receive any gift or gifts made or delivered of negro or negroes made previous to the Will made by the said James Cozart deceased -- Given under my Hand this the 24th Nov 1806---- Teste William Horton (Seal) James Walker Richd. Brinkley ----- the original of which said receipt release, and discharge is now in the possession of this de fendant and ready to be produced & verified as may be required ---- This defendant doth positively deny that she ever had any knowledge of the Gift pretended by the Complainant to have been made by the said James Cozart to the said Lively - nor did she suppress the truth, or use any art, address, or Influence to induce the said William the complainant to execute the foregoing receipt, and release --- This defendant doth positiv- ly aver that the same was executed by the said William freely and of his own accord, several months after his in- termarriage with the said Lively, and after he had fully examined & investigated as he himself stated, the [page 3] grounds of the now pretended gift --- And she doth further positively deny that she ever ever declared her knowledge at any time, of the said pretended gift, or asserted that the Complainants could have recovered the said negroes if they had known their right as is most falsely alledged by the complainants --- the complainant Lively being the daughter of this defendant, held the same place in her affections with her other children, and she never intended or desired to defraud her of any property she might have title to by gift or otherwise. This defendant further answering saith that the complainants after the receipt of the property de- vised to the said Lively, as before mentioned, and the execu- tion of the receipt & release aforesaid, acquiesced under[?] the same for several years, owning the property so received, as their own, without setting up claim or title to the property now claimed, until after the other defendant William Lunsford had intermarried with this defendants daughter Ede; to whom the said Negro Tabb was devised by the said James Cozart and to who this defendant de- liver'd the said Negroes in pursuance of the said Will --- nor did the said William the complt. when he demanded the said Negro from this defendant, tender to her all the property which she had delivered to him, under the before recited clause of the said Will; and which had been given to the said Lively by her father --- This defendant hath faithfully & ho- nestly executed the trust reposed in her as Executrix of the said James Cozart by delivering over the legacies according to his Will --- and she denies all combinations with the other Defendant William Lunsford, and with any other person, to deceive or defraud the complainants and pray hence to be dismissed with her costs in this be half expended Sarah Cozort maketh Oath that the several matters of fact contained in the foregoing answer, as of her own Knowledge are true, and those not of her own knowledge she believes to be true her Sworn to before me Sarah (+) Cozart Richd. Henderson CME mark March 6th 1812 [Estate Papers - Depositions Mar 1815] State of No Carolina } Orange County } In Equity William Horton & his wife Lively } vs } Sarah Cozart & Wm Lunsford } Mr. William Lunsford. Take notice that the Depositions of James Brinkley & his wife Elizabeth Richard Brinkley, Philps Roberts, Allen Parrish & his wife Eiddth, Robert Brinkley Noland Hampton, Jemimah Mangum & Hubbard Cozart will be taken at the Store of Capt. John Carrington in the County & the State Aforesaid on the 12th day of March 1817 To read as evidence in the above suit In favor of Complainants signed Wm. Horton Feby 14th 1817 State of No. Carolina } In Equity. } Wm Horton & his wife Lively Orange County } } Sarah Cozart & Wm Lunsford Mrs Sarah Cozart Taken notice that the depositions of James Brink -ley & his wife Elizabeth Richard Brinkley Philip Roberts, Allen Parrish & his wife Edith Robert Brinkley, Noland Hampton Jemima Mangum & Hubbard Cozart will be take at the store house of Capt John Carrington in the county & state aforesd on the 12th day of March 1817. to be read as Evidence in the above such in favor of the Complainants signed Wm. Horton Feby 14th 1817 I swear that I delivered the copies of the above notices to the persons to whom they purport to be directed on the 14th & 15th of Feby 1817 S. Harris JP H Sims JP William P. Mangum [page 2] State of No. Carolina } By Virtue of a Commission Orange County } to us Herbert Sims & Sterling Harry directed from the Superior Court of Law and Equity Holden in Hillsboro. the County & State aforesaid on the Thursday next before the third Monday of September in the year AD 1816 empow= -ering and authorizing us to take the De- positions of Certain Witnesses, whereby the benefit of their Testimony may be had in a certain suit now pending in the Court of Equity for the County Aforesaid and the same may be Read for the Plaintiffs in the suit William Horton and his wife Lively vs Sarah Coart and William Lunsford, where- -upon all the parts being present we have called before us Elizabeth Brinkley on the 12th day of March 1815 at Capt John Carringtons Store and Have Sworn her upon the Holy Evangelists Almighty God, whereupon the Deponent Answers to the following questions as follows. The complainant asked the sd. E. Brinkley to state all she knew relative to the gift of a certain negro Woman Tabb (now in controversy) & in the possession of one of the Defendants William Lunsford the Complainants? The sd. E Brinkley states, that she happened at the sd. James Cozarts when the sd. Lively was a small child so small that she could walk but very little that the sd. Cozart after disposing of other property, took his daug= -hter the sd. Lively into his lap and went into certain Kitchen house, then he called the sd, negro woman Tabb and put hir hand into the sd. Lively's hand and called upon this Deponent to bear witness that he the sd. Cozart then gave & delivered the sd. Tabb to the sd. Lively for her own property and to her use forever. This Deponent upon oath further says that she does not recollect whether Mrs. Sarah Cozart one of the Defendants in this suit was present at the gift but well recollects that the sd. Sarah was at home on the same day of the gift & that she the deft. does not believe that any person except the family was there on the day of the gift except Wm. Brinkley the Deponent's husband & the Def. don't recollect certainly that she was there [page 3] This Deponent further states upon oath that she has frequently heard the sd. James Cozart decd. say in presence of the Defendants Sarah Cozart that he had given the said negro Tabb to the sd. Lively & indeed that the sd. James decd. had frequently expressed the same in his family. --- Question By the Complt. did you ever hear Mrs. Sarah Cozart say before the sd. James Cozart's death to whom the sd. Tabb belonged. -- The Deponent answers Yes that she had heard Mrs Sarah Cozart say that Tabb belonged to the sd. Lively before the sd. James Cozarts death, -- But after the death of the sd. James Cozart the sd. Sarah Cozart Come to this Deponent and asked her if She knew that the sd. James had given the sd. Tabb to the sd. Lively and that the sd. Sarah Cozart denied that she believed that the sd. James decd. every had given the sd. Tabb to the sd. Lively and the said Sarah further stated that she would not believe any body that would swear to the gift and on that ground this deponent being angry at the aspertions[sic] of the sd. Sara, refused to say any thing on the subject or give any satisfaction question by complainant Did you ever give Mr. Wm. Horton any information relative to thie gift aforesd? The Deponent answers No Never until this day did I speak says this Deponent to the sd. Horton on the subject question by Wm. Lunsford the Deft.? Did you ever name the gift in Mr. James Cozarts lifetime to Mrs. Sarah Cozart? The Deponent Answers that the subject had been frequently spoken of in Mrs. Sarah Cozarts presence. -- Question by Complainant Did you or Did you not not[sic] ["intend" x-out] in consequence of Mrs. Sarah Cozarts remarks relative to her disbelieving or oath any witness that might depose to the gift aforesd. intend to conceal your knowledge of the sd. gift? The Deponent answers that she did intent to conceal it, and never to become a witness for the Complainants except Compelled. -- Question by Complainant Are you a sister in Law of Mrs. Sarah Cozarts? The Deponent says I am. -- Question by the same. Have you always been very friendly to Mrs. Sarah Cozart & she to you? The Deponent Answers yes/ -- And further this Deponent ["knoweth" x-out] saith not. -- her Herbert Sims JP Elizabeth (X) Brinkley mark Sterling Harris J.P. [page 4] We further called before Allen Parrish, who was sworn & deposeth in the suit above stated, as follows. The Deponent saith, that he has frequently head the said James Cozart decd. say that he had given a certain negro womon[sic] Tabb now in the possession of Wm. Lunsford one of the Defendants, to his Daughter Lively, that he never heard Mrs. Sarah Cozart say anything on the subject that on a certain occasion after the said James Cozarts death his Deponent went with the said Sarah Cozart to Granville to see James Brinkley & his wife Elizabeth Brinkley that some time in the night the sd. James Brinkley state to his Deponent that he had seen the said James Cozart give the sd. Tabb to the said Lively that on the next day returning home this Deponent states the substance of the sd. Conversation to Mrs. Susan Cozart one of the Defendants in this suit and that Mrs Sarah Cozart requested and enjoined this Deponents never to let the Complainants Wm. Horton & his wife Lively know any thing about it. this Deponent further states that he never in= -tendid[sic] to have spoken on the subject and never would have done so had not the secret slipt[sic] out quite unexpectedly and that the secret agreeably to the request of the sd. Sarah Cozart was never disclosed until some time after the sd. William Horton had received his legacy from said Sarah the executrix of the last Will of the sd. James Cozart decd. Question by the Compl. Do you or Do you not believe that Horton ever had any direct knowledge of the sd. Gift before the sd. Horton received his legacy? The Deponent answers that he does not believe that the sd. Horton had any direct knowledge but that suspicions were afloat. --- Question by Wm. Lanford[sic] Deft.} Did you ever name anything about the gift to Mr. Horton before my marriage with Edi Cozart? The Deponent answers He doesn't know Certainly anything about it. -- Question by Mrs. Sarah Cozart:- Did the Conversation returning[?] for James Brinkley happen after Horton gave me a release? Yes two or three years -- Question by Complainant? Did you or did you not hear the sd. Horton demand Hannah a negro girl of Sarah Cozart and also demand Tamer & Tabb of Wm. Lunsford? The Deponent [page 5] saith that he heard the sd. Horton Demand Tabb & Tamer of William Lunsford & that Lunsford said he had no Demand on them.--- the ["And this Deponent further saith not" x-out] Question by the Complainant - Did the s. Horton offer to Deliver to the sd. Sarah the executrix all the property he received from her except a certain mare at at the time of the Demand aforesd.? The Deponent answers Yes --- This Deponent further saith not --- (X) his Allen Parrish Herbert Sims JP mark S. Harris J.P. We further called before us Noland Hampton and he being sworn upon the holy Evangelists of the Almighty God and Deposeth in the suit aforesaid as follows. --- This Deponent saith that he went to James Cozarts deceased on a certain occasion to swap horse with him after the sd. Lively one of the Complainants in this suit was nearly grown but before she was married to Horton, and when the right a certain sorrel mare came in question the sd. James would not swap her because she belonged to Lively and stated that he had given the said mare to the sd. Lively and that the said Horton got the same mare by his wife Lively - And this Depo -nent further saith not (X) his H Sims JP Noland Hampton S. Harris J.P. mark [page 6] We further called before us Richard Brinkley and he being sworn upon the Holy Evangelists the Almighty God deposed in the aforesaid suit as follows. The Deponent saith that he never saw James Cozart deceased give Tabb the negro in Controversy to the said Lively one of the Complainants but that he had frequently heard James Cozart decd. say that he had given and delivered the said Negro Tabb to the said Lively the Deponent further saith that he had frequently heard Sarah Cozart decd. had given the sd. Negro Tabb to the said Lively as she believed, but that the said Sarah said that she did not see the delivery of the sd. Tabb to the Lively because she was gone to the spring after water and on her return from the spring some of the family ran & met her & stated that the sd. James deceased had given the said Tabb to the said Lively - This Deponent further states upon Oath that Wm. Horton aforesd. was married to the said Lively in the year 1806.--- This Deponent further saith that he was married twenty four years back from 1817 and that Lively one of the Complainants was at the time of his marriage two or three years old. The Deponent further saith that the said Wm. Horton made enquiries[sic] of many persons relative to the gift aforesd. before the sd. Horton gave his release to Mrs. Cozart the Executrix aforesd. and that the Deponent went with the s. Horton to see Wm. Brinkley who was said to know something about the first & that Wm. Brinkley gave Mr. Horton no satisfaction & further the sd. Wm. Brinkley afterward said to the said Richd. this Deponent that he never meant to disclose this matter except compelled on oath that the sd. Wm. Brinkley was a brother of said Cozart one of the Defendants in this suit [page 7] The Deponent further saith that he was present at the time of mr Wm. Hortons giving the release as set forth in the Defendant answers to said Sarah Cozart executrix of James Cozart decd. and says that the said Wm. Horton made every enqquiry to ascertain with certainty the circumstances of the alledged gift, and satisfy himself with respect the reports afloat but this Deponent saith that the said Horton could not as far as he knows obtain any satisfactory information on the subject and that said Sarah Cozart when interrogated by the sd Horton on the subject answered the sd Horton that she knew nothing about the gift & that she believed that no such gift had been made, and that the sd. Horton as he believes under the impression that no satisfactory information could be obtained, and that no such gift had been [????] executed the release as aforesaid. The Deponent further saith that he is a brother of Sarah Cozart one of defen= -dants un this suit, that he frequently conversed with her & others of the connexions on this & other subjects & that this deponent believes from those conversations that a systematic combination & understanding existing among the members of the family & the connexions to conceal from the sd. Horton one of the complainants in this suit all the circumstances of this gift (towit) of Tabb to the sd. Lively --- that the complainants might never recover the Negros This Deponent further saith that the sd. Sarah Cozart, told him after the execution of the sd. release that Horton was a fool or he might have recovered the Negroes now in controversy. The Deponent thinks the sd. Sarah made the foregoing remark on the day of executing the [page 8] said released [erasure] as they returned home from James Wlkers where the release was given but as to the time the depo -nent will not speak with entire certainty, tho he believes it to have been on that day.-- The Deponent further saith not H. Sims JP S. Harris JP Richard Brinkley