Orange County NcArchives Wills.....Estes, Elizabeth October 26, 1841 ************************************************ 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 F, pages 249-253 Written: October 26, 1841 Recorded: May 1845 Testator: Elizabeth Estes In the Name of God Amen ! I, the undersigned Elizabeth Estes of the Town of Hillsborough & State of North Carolina do make and pub- lish the following as my last will and testament, hereby revoking all former wills made by me I give & devise to my nieces Mary Jane and Caroline Evans forever, my tract of land lying in Orange County on Eno River near Hillsborough adjoining the lands of William Norwood and others, with all the horses cattle & other stock belonging to the same, the waggon & all other plantation im- plements, together with the growing crops, provender & grain on hand. I also give and devise to my said nieces, my residence in the Town of Hillsborough with all the lots of land attached thereto as follows, beginning about half way between this house and my old house at the center of the walk in the garden & running from the head of said walk on Churton Street East to Mrs Miners lot, thence with the line of said lot north to the Street passing the female Accademy, thence west to the corner of my lot on Churton Street, thence South to the beginning I also give to the said Caroline and Mary Jane Evans, the following negroes; Anderson & Nancy his wife, Alexander, Diana, Jincy, Elez, Judy, Julia & her two children, John, William, David, Mathew & Mars ["& Susan" x-out] I give and devise to my niece Catharine Evans [page 2] my old house in the Town of Hillsborough on Churton Street with all the lots of land attached to it lying on the South of the line already described, which commences at the head of the garden walk & runs back East to Mrs Miner's lot, & bounded on the South by the lots of Thomas D. Crain & Misses Turner & Mebane, together with all the houses[?] and improvements on the same. I also give to her the following negroes, Edy, Tenah, and little Alexander and also Susan. I give and bequeath to my niece Isabella Bridges, Margaret & her two children Ann & Albert and Romana. I give and bequeath to my niece Mariah Dodd negroes Sam, Maryann, Mitchell & Fred I give and bequeath to my Sister Mrs Peggy Nash five hundred dollars; & to Mrs Sarah Grove - widow of William B. Grove decd. one hundred and seventy five dollars; to her son William B. Grove one hundred and seventy five dollars; to Mary Whitted daughter of my late niece Eliza Whitted decd. of Alabama five hundred dollars; to my friends Mrs Josiah Turner, Mrs Attelia Whitted and Mrs Elizabeth Brigham fifty dollars each. I give and bequeath to Mrs Elizabeth Thomson my niece, daughter of Mrs Mary Seawall and wife of Mr ____ Thomson two hundred dollars I give and bequeath to Harriet Barton one hund- [page 3] dred dollars and one bed and furniture - but if she should be induced to set up a claim against my estate for services, I withdraw this legacy - for such claim will be unjust, in as much as her stay with me has been more for her advantage than mine & without any agreement or expectation that she was to be paid. To Eliza Turner and Mary Turner, daugh- ters of Josiah Turner I give and bequeath negroes little Nancy & Alfred; & to Mrs Susan Me- bane - wife of James Mebane jr, Isham. I give all the increase of my female slaves from this time to my death, to the persons respectively who take their mothers. I give all my furniture household & kitchen to my nieces Mary Jane, Carolina and Catharine Evans, & I give them all the rest and residue of my estate after the payment of the charges against my estate & the legacies given in this will. And should there not be money enough to pay all the legacies in full they shall be paid two years after my death & any deficiency made up by the interest on the mo- ney due to me & ["such" x-out] the hires of such of the negroes as my executors shall think proper. And I appoint my friends John W. Norwood, & Jas Dodd of Fayetteville my executors. Signed Sealed & published this 26 Oct 1841 Test: O. F. Long } Eliza Estes (Seal) A. Mickle } Jurat [page 4 - Codicil] I do hereby alter and change this my last will and testament in the following particulars - 1st I give and devise to Josiah Turner Esq. all the land negroes and other property & effects which were given by this will to Cath- arine Evans now Catharine Turner the wife of John Turner, to be held by him as trustee for the sole and sepa- rate use of Mrs Catharine Turner free from the control of her said Husband or liability for his debts - And I do in like manner give and bequeath to the said Josiah Turner all the land negroes and effects / given by this will to Mrs Isabella Bridges wife of Young Bridges, to be held by him in trust for the sole and separate use of Mrs. Bridges free from the control of her said husband or liability for his debts - and I hereby revoke so much of my will as is inconsistent with this codicil - and at the death of Mrs Turner & Mrs Bridges respectively, whatever is here given to Mr. Turner for their use shall go equally to their children. I do further revoke the gift of Isham to Mrs ["Eliza" x-out] Susan Mebane, & I give said negro Isham in trust to Josiah Turner for the sole & separate use of Mrs Susan Mebane free from the control of her said husband or any liability for his debts - and to make them all equal I revoke whatsoever I have given to Mrs. Mariah Dodd - And give and bequeath ["whatsoever" x-out] the negroes which were given to her also to Mr Josiah Turner for her sole & separate use free from the control of her husband and of any liability for his debts and at her death equally to be divided among her children - I do publish and declare this codicil to be a part of my will & do hereby republish and declare my said will in all other par- ticulars this 18th day of November 1843 Test: J. Webb Jr Jurat Eliza Estes (seal) H. W. Webb [page 5 - Second and Third Codicils] I Eliza Estes of the Town of Hillborough do hereby make this codicil to this my last will and testament, and do hereby republish and de- clare my said will hereunto annexed to be my last will and testament in all other parts which are not changed by this codicil. I revoke the legacy of one hundred dollars and of a bed and furniture given in said will to Harriet Barton Witness my hand & seal this the 24th day of February 1844 Signed sealed published and Eliza Estes (seal) declared in presence of J. Webb Jr } Jurat John H. Webb } I Eliza Estes on this the 10th day of March 1844 do make this further alteration in my will, I give to Mary Whitted daughter of my late niece Eliza Whitted of Alabama five hundred dollars more in ad- dition to the sum already given to her, making the whole legacy to her amount to one thousand dollars And I hereby confirm my said will & codicils in all other respects. Witness my hand & seal In presence of John H. Webb Eliza Estes (seal) James Webb Jun Jurat [page 6 - Fourth Codicil] I Eliza Estes of the Town of Hillsborough do make this further codicil to my last Will & Testament, here- by confirming the said will in all other particulars as it is hereinbefore contained - namely I revoke the gift of little Nancy to Eliza Turner & Mary Turner and give said Nancy to Caroline Evans and I hereby declare & publish the said will & codicils as changed to be my last will & Testament, this the 2nd day of August 1844 Test. James Webb Sen jurat Eliza Estes (seal) J Webb Jr James Dodd appd. & granted as Exr. J W Norwood renounces [Will Book Volume F, page 249] In the Name of God Amen! I the undersigned Elizabeth Estes of the town of Hillsboro & State of North Carolina do make & publish the following as my last Will & Testament hereby revoking all former wills made by me I give & devise to my nieces Mary Jane & Caroline Evans forever my tract of land lying in Orange County on Eno River near Hillsborough & adjoining the lands of William Norwood & others, with all the horses Cattle & other stock belonging to the same the waggon & all other plantation implements together with the growing crops provender & grain on hand I also give & devise to my said nieces, my residence in the Town of Hillsborough with all the lots of land attached thereto as follows beginning about half way between this house & my old house at the center of the walk in the garden & running from the head of said walk on Churton Street East to Mrs Minors lot thence with the line of said lot north to the Street passing the female Accademy thence west to the corner of my lot on Churton Street thence South to the beginning I also give to the said Caroline & Mary Jane Evans the following negroes [Will Book Volume F, page 250] Anderson & Nancy his wife, Alexander, Diana, Jincy, Elez, Judy, Julia & her two children Jor.[?], William, David, Mathew & Mars I give & devise to my niece Catharine Evans my old house in the Town of Hillsboro on Churton Street with all the lots of land attached to it lying on the South of the line already described which commences at the head of the garden walk & runs back East to Mrs. Miner's lot & bounded on the South by the lots of Thomas D. Crain & Misses Turner & Mebane together with all the houses & improvements on the same I also give to her the following negroes Edy Tenah and little Alexander & also Susan I give & bequeath to my niece Isabella Bridges Margaret & her two children Ann & Albert & Nomana I give & bequeath to my niece Mariah Dodd negroes Sam Mary Ann Mitchell & Fred I give & bequeath to my sister Mrs Peggy Nash five hundred dollars & to Mrs Sarah Grove widow of William B Grove decd. one hundred & seventy five dollars to her son William B. Grove one hundred & seventy five dollars to Mary Whitted daughter of my late niece Eliza Whitted decd. of Allabamma five hundred dollars to my friend[s] Mrs Josiah Turner Mrs Attelia Whitted & Mrs Elizabeth Brigham fifty dollars each I give & bequeath to Mrs Elizabeth Thompson my niece daughter of Mrs Mary Seawall & wife of Mr ____ Thomas two hundred dollars I give & bequeath to Harriet Barton one hunddred dollars & one bed & furniture but if she should be induced to set up a claim against my estate for services I withdraw this legacy for such claim will be unjust in as much as her stay with me has been more for her advantage than mine & in them [orig: without] any agreement or expectation that she was to be paid To Eliza Turner & Mary Turner, Daug- -hters of Josiah Turner I give & bequeath negroes little Nancy & Alfred & to Mrs Susan Mebane wife of James Mebane Jr Isham I give all the [x-out] increase of my female slaves from this time to my death to the persons who respectively take their mothers [Will Book Volume F, page 251] I give all my furniture household & Kitchen to my nieces Mary Jane Carolina & Catharine Evans & I give them all the rest & residue of my estate after the payment of the charges against my estate & the legacies given in this will & should there not be money enough to pay all the legacies in full they shall be paid two years after my death & any deficiency made up by the interest on the money due to me & the hires of such of the negroes as my executors shall think proper & I appoint my friends John W. Norwood & James Dodd of Fayetteville my Executors. Signed Sealed & published this 26th Oct 1841 Tes Eliza Estes (Seal) O. F. Long A. Mickle I do hereby alter & change this my last will & Testament in the following particulars 1st I give & devise to Josiah Turner Esq. all the land negroes & other property & effects which were given by this will to Catharine Evans now Catharine Turner the wife of John Turner to be held by him as trustee for the sole & seperate[sic] use of Mrs Catharine Turner free from the control of her said husband or liability for his debts & I do in like manner give & bequeath to the said Josiah Turner all the land negroes & effects / given by this will to Mrs. Isabella Bridges wife of Young Bridges to be held by him in trust for the sole & separate use of Mrs. Bridges free from the control of her said husband or liability for his debts - And I hereby revoke so much of my Will as is inconsistent with this codicil - And at the death of Mrs Turner & Mrs Bridges respect- -ively what ever is here given to Mr Turner for their use shall go equally to their children I do further revoke the gift of Isham to Mrs Susan Mebane & I give said negro Isham in trust to Josiah Turner for [Will Book Volume F, page 252] the sole & separate use of Mrs Susan Mebane free from the control of her said husband or [any] liability for his debts And to make them all equal I revoke whatsoever I have given to Mrs. Mariah Dodd & give & bequeath the negros which were given to her also to Mr [Josiah] Turner for her sole & seperate use free from the control of her husband and of any liability for his debts and at her death equally to be divided among her Children I do publish & declare this codicil to be a part of my will & do hereby republish & declare my said will in all other particulars this 18th day of Nov'r 1843 Eliza Estes (seal) Test: J. Webb Jr H. W. Webb I Eliza Estes of the Town of Hillborough do hereby make this codicil to this my last will & Testament & do hereby republish & declare my said will hereunto annexed to be my last Will & Testament in all other parts which are not changed by this codicil I revoke the legacy of one hundred dollars & of a bed & furniture given in Said Will to Harriet Barton Witness my hand & seal this the 24th day of February 1844 Signed sealed published & declared in presence of Eliza Estes (seal) J. Webb Jr John H. Webb I Eliza Estes on this the 10th day of March 1844 do make this further alteration in my will I give to Mary Whitted daughter of my late niece Eliza Whitted of Alabama five hundred dollars more in ad- dition to the sum already given to her making the whole legacy to her amount to one thousand dollars and I hereby confirm my said will & Codicil[s] in all other respects Witness my hand & seal [In presence of] John H. Webb Eliza Estes (seal) James Webb Snr. [Will Book Volume F, page 253] I Eliza Estes of the Town of Hillsborough do make this further codicil to my last Will & Testament hereby confirming the said will in all other particulars as it is herein before contained namely I revoke the gift of little Nancy to Eliza Turner & Mary Turner & give said Nancy to Caroline Evans and I hereby declare & publish the said Will & codicil[s] as is annexed to be my last Will & Testament this the 2nd day of August 1844 Test. James Webb Senr Eliza Estes (seal) J Webb Jr Orange County May Term 1845 The Execution of the foregoing last Will & Testament of Eliza Estes was duly prove[d] in open Court by the oaths of O F Long A Mickle James Webb Snr & James Webb Jr subscribing Witnesses there to & ordered to be recorded At the same time John W. Norwood appeared & refused to act as Executor but James Dodd qualified as such Additional Comments: Will Book Volume F, pages 249-253 Recorded May 1845 Note 1: "Ann" in Will, "Anna" in estate papers Note 2: In the will, Margaret has two children, Ann and Albert. Here she appears to have three, with one perhaps so young it is not yet named? Note 3: cestique - a short version of cestui a que use le feoffment fuit fait, which is the person for whose use the feoffment was made, in modern terms a beneficiary. It is a French legal phrase of medieval English invention, which appears in the legal phrases cestui que trust. Note 4: remainderman - is a property law term that refers to the person who inherits or is entitled to inherit property upon the termination of the life estate of the former owner. Note 5: Writ of Detinue - detinue is an action to recover personal property that was wrongfully taken. Estate Papers comprise 100 pages and are found in a folder labeled "Estes, Eliza (1845)". The legatees for whom Josiah Turner held property in trust did not feel he acted correctly, so much of these papers concern complaints, depositions, summonses, etc. pertaining to the disputes. Some papers are even dated to 1871 when Josiah had been declared non-compos mentis and another trustee was appointed in his stead, obviously no longer dealing with the negroes that were willed, but there was considerable property. Per the estate papers she died "sometime in 1845" Isabella Bridges is referred as Isabella M. Irby, married Hordyman Irby after the death of Young Bridges in the 1850's. Several of the estate papers referring to negros or slaves are challenging to decipher and are not listed here. Mariah Dodd was the wife of James Dodd [Estate Papers - Inventory] [page 1] An Invoice of the personal & Real property of Eliza Estes Deceased which Came into the hands of James Dodd her Executor [Note her two homes may have been large, for instance she had eight beds, a plantation two miles from town, 600 acres, more or less] [page 2] Nigroes Anderson Nancy Alexandria Dianna Jinsey Judy & her 3 children Joe David William Matthew Mars John & Ann & Little Nancy Wil[l]ed To Carolina and Mary Jane Evans 1 House & Lot in Town Called the old House Nigroes Edy Tenah Little Alexander & Susan Wil[l]ed To Catharine Turner ------------------------- Negroes Margaret Anna[Note 1] Albert one other infant dont know the name[Note 2] & Romanna Willed To Isabella Bridges Nigroes Sam Mary Ann Mitchel & Fred Wil[l]ed to Mariah Dodd Nigr Alfred Willed to Mary & Eliza Turner Nigro. Isham Willed to Mrs Susan Mebane [Estate [Papers - Petition - Court of Equity Mar 1836[?]] [This is not 1836, despite the date below] State of North Carolina } Court of Equity Orange County } March Term 1836 The petition of Isabella Irby. Josiah Turner Ser as Trustee - and Caroline Bridge. Newet Bridges. Susan Bridges. Alonzo Bridge and Helen Irby by their next friend Hordyman Irby. Humbly complaining showeth unto your honor that Eliza Estes of Orange County died in the year 1845 having first made and published her last will and testam -ent in which will is the foll owing clause - "I give and bequeath to Josiah Turner Trustee for Mrs Isabella Bridges - wife of Young Bridges of Johnston County for her sole and separate uses the following negroes. Romaner Margaret & her children, after the death of Mrs Bridges the slaves to be [page 2] equally divided among her children Young Bridges died in 185__ and his widow is now married to Hordyman Irby by whom she has one child mentioned in this petition. Mrs Bridges was allowed to take into her possession the slaves mentioned and given her for life by the will of Mrs Estes - becomeing diss -astified with Margaret without consulting the Trustee she and her husband Young Bridges - put and V[?] substituted in place of Margaret a woman Martha & her child Ellen - Martha has now three other children, Rebecca Rose and Esther besides the above there are four other slaves belong ing to the Trust - towite Annie McRingis, Albert and Williams children of Margaret before she was sold, your petitioners the cestique trusts and they live some [page 3] distance from the Trustee desire that William Hasting of Smithfield be appointed Trustee in place of Josiah Turner Sr - who is too far off to be consulted - wit regard to the hiring as Managem- ent of said slaves - If not Mr Hasting then any good citizen of Johnston - who will give bond and take upon himself the burden of the Trust - Mr Hasting has promised ["the" x-out] your Petitioners to act as Trustee for them - And further your petitioners ["further" x-out] state, that, they Isabella Irby & her present husb- -and Hordman Irby have sold the boy Romaner for (950) none hundr[ed] and fifty dollars - and they desire with the 950 ["dollars" x-out] dollars to buy and substitute another slave in the place of Romaner. Josiah Turner the Trustee and one of the petitioners states thats[sic] [page 4] that he has been greatly troubled by reason of the Trust imposed upon him by the will of Mrs Eliza Estes - Mrs Isabella Irby who has only a life estate - having on two occasions sold without consulting ["the Trustee" x-out] Your Petitioner the Trustee - and in as much as the cestique trusts desire it and your petitioner the Trustee is fore advan -ced in life and not able to execute the Trust as he should do owing to his advanced age and the distance between himself and the cestique Trustees - He therefore askes Your Honor and the other petitioners [page 5] who are Minors (except Mrs Irby) reprisented[sic] by their step Father and friend join with him in asking that some good discreet man in the county of Johnston shall be substituted as Trustee - in place of the present[?] on Josiah Turner Sr Your Petitioner the Trustee would further aske[sic] that he be allowed such money as he has paid out by reason of the conduct of the tenant for life Mrs Irby - Your Petitioner the Trustee Send an agent to Richmond to retake the boy Roma -na if possible - and further he ["filed" x-out] issued a writ of injunction & seque- stration against Mrs Irby & her husband to prevent their selling any other of said slaves belonging to the trust [page 6] Irby being insolvent - The money 950 dollars for which Romana sold is now in the hands of Mr Joseph Adkinson of Johnston County who was forbid by the Trustee to pay it over to Irby or his wife - He Adkinson having been employed by Irby and wife to sell Romana in the City of Richmond It is desired by Mrs Irby ["that" x-out] and her husband the next friend of the remainderman [Note 4] that the new Trustee shall buy a servant and put in the place of Romana with the 950 dollars for which Roma[na] sold this will require the presence of the Trustee in [page 7] the County of Johnston to see that the slave substituted for Romana is as valuable as was Romana - Your Orator has never at any time had money in his possession as Trustee - he therefore pray[s] your Honor to decree that the new Trustee shall pay out of the Trust fund the sum of __________ expected in securing the property to the remainderman & children of Mrs Irby - And in as much as your Petitioners are without remedy & are in this Honorable Court may it please your Honor to make all such other & further orders as are necessary to Secure the trust property to the cestique trustees and discharge [page 8] the present trustee from all further duties therein - as in duty bound[?] they will ever pray J Turner Jr Att for Petitioners [Estate [Papers - Petition - Court of Equity 19 Sep 1850] State of North Carolina } Orange County } In Equity To the Honorable the Judge of the Court of Equity for the County of Orange The bill of compliant of Josiah Turner Against James Dodd Humbly complaining sheweth unto your Honor Your Orator Josiah Turner of the County of Orange - that Eliza Estes of Orange County died in the year 1845 having first duly made & published a last will and testament properly executed to pass her personal estate which after her death was duly proved in Orange County Court and now remains there of record; and that the said will among other thing contained the following clause "I give and bequeath to my niece Maria Dodd negroes Sam Mary Ann Mitchel and Fred " -- In a codicil to said will is the following clause - "I revoke whatsoever I have given to Mrs Dodd and give and bequeath the negroes which were given to her to Josiah Turner for her sole and separate use free from the controls of her husb -and and of any liability for his debts; and at her death equally to be divided among her children [page 2] Your Orator Shews that Mrs Dodd is the wife of James Dodd of Fayetteville and having confidence in said Dodd, and thinking the interest of Mrs Dodd and her children would be promoted - suffered said Dodd to remove the said negroes to his house in the Town of Fayetteville where they wee employed - part of them as house servants for Mrs Dodd and part of them hired out - Your Orator is informed and believ[e]s that said Dodd sold one of the slave to t trader without the knowle dge or consent of your Orator - And did sell the woman Mary Ann and the purchasers learning his title was not good returned her again to said Dodd - Your Orator has cause a writ in Detinue[Note 5] to be issued against said James Dodd - to dispossess him of said slaves Mitchel - Mary Ann, and her two children Said writ returnable - to the Superior Court for the County of Orange in 1851 - Your Orator fears and believ[e]s, that, before Said suit at Law can be heard and determined said James Dodd will sell the ballance[sic] of said slaves - and they be carried beyond the jurisdiction of this Court - and the said Dodd is reputed to be insolvent and has executed a deed of trust to secure his debts - All which actings and doings on the part of said Dodd are contrary to Equity and good conscience and tend to the manifest injury and wrong of Your Orator [page 3] And for as much as Your Orator is without remedy save in this Honorable Court, when matters of this kind are cognizable, To the end therefore that the said James Dodd may be compelled & enjoined to desist from all further attempts, to sell any other of said slaves now in this possession and that such other and further relief may be grated unto Your Orator, as he is entitled to; May it please your Honor to grate unto Your Orator - the writ of Injunction and Sequestration - enjoining the said defendant from selling any other of said slaves and requiring him in such sum[?] by sequestration as Your Honor may think proper to have the said slaves Mitchel Mary Ann and her two children forth coming when the suit in detinue shall be determined And also the writ of subpeona command -ing him to appear at the next Term of Orange Court of Equity - then and there upon his corporal oath to answer the allegations contained in this bill in the same manner according to his knowledge and belief in every respect; in the same manner as if the same were here repeated by many interrogatories, and then and there stand, to perform the decree which may be made in the premises And as in duty bound &c &c Josiah Turner Jr. Sol for Complainant [page 4] Clerk & Master for the Court of Equity for Orange County will issue the writ according to the pray[sic] of the bill - provided the complain -ant enter into Bond and security in the sum of five hundred dollars, to be void on conditions that he prosecute said suit with effect and pay all such costs & damages as the defendant may sustain in consequence of the improper issuing of the writ of Sequestration - And in the writ of Sequestration the Sheriff of Cumberland County will be command to take into his possession the said negroes Mitchel Mary Ann and her two children and them safely Keep subject to the further order of this Court or until the said defend[ant] James Dodd shall enter into bond with good security in the penal sum of two thousand dollars for the forthcoming of said slaves at the termination of this suit - and to be answerable for their hire Witness my hand & seal this 19th Sepr 1850 F. Nash (???) [Estate Papers - Writ of Sequestration 2 Sep 1850] State of North Carolina } Orange County } To the Sheriff of Cumberland County Greeting Whereas Josiah Turner of Orange County has this day filed in the office of the Clerk & Master in Equity for Orange County his Bill of Complaint against James Dodd of Fayetteville Cumberland County alleging among other things that the said James Dodd has in his possession certain negroes viz. Mitchell Mary Ann and her two children which belong to him the said Josiah Turner as Trustee under the Will of Eliza Estes Dec'd & learning that said Dodd has sold or attempted to sell one of the said negroes & fearing that he may sell all of them he has commenced an action in Detinue to dispossess said Dodd said negroes by issues a writ returnable to the Superior Court Orange County in 1851. and praying that the writ of sequestration may issue from this Honorable Court require the said Dodd to have said negroes forthcoming when said sit it Detinue shall be determined and the said Josiah Turner having entered into bond as required by Act of Assembly and the Fiat of his Honor Judge F. Nash you are therefore commanded required to seize & take into your possession said negroes Mitchel Mary Ann & her two children if to be found within your County of Cumberland and them safely Keep subject to the further order of this Court of untill the said defendant James Dodd shall enter into bond with good security in the penal sum of two thousand Dollars for the forthcoming of said Slaves at the termination of this suit and to be answerable for their hire and make due return how you execute this writ. Witness O. F. Long Clerk and Master of our said Court of Equity for Orange County at Office in Hillsborough the 2nd Monday of September A.D. 1850 O. F. Long C & M E Issued this 19th day of Septr 1850 [page 2] Josiah Turner vs James odd Writ of Sequestration To hand Septr 27th 1850 Alexander John Shff By Daniel McKimmon, D Shff -------------------------- Executed this writ this day and the defendant James Dodd gave bond and security which bond is herewith returned This the 27th of September 1850 Alexander Johnson Shff By Daniel McKimmon D Shff [Estate Papers - Bond for Negro Hire 27 Sep 1850] State of North Carolina Know all men by these presents that we James Dodd Tho J Custis & Tho Waddill are held and firmly bound unto Josiah Turner Trustee in the sum of Two thousand dol- lars for which sum well and truly to be made and done we bind ourselves our heirs, executors and administrators sev- erally and jointly firmly by these present sealed with our seals and dated this the 27th day of September AD 1850 The Condition of the above obligation is such whereas the said Josiah Turner as Trustee, hath filed a Bill in the Court of Equity for the County of Orange, and hath obtained thereon the fiat of the Hon. F. Nash, commanding the Sheriff of Cumberland to seize and take into his possession negros Mitchell, Mary Ann and her two children and them safely keep subject to the further or- der of said Court or until the said James Dodd shall enter into bond with good security in the penal sum of Two thousand Dollars for the forthcoming of said slaves at the termination of said suit and to be answerable for their hire. Now if the above bounden James Dodd shall well & truly Keep said slaves, so that the same may be forthcoming at the termination of said suit, and shall well truly and faithfully for their hire, then the above obligation to be void otherwise to remain in full force and virtue Signed & Sealed in } the presence of } } James Dodd (seal) Atest D McKinnon } Tho J Custis (seal) } T Waddill (seal) [Estate Papers - Answer to Bill of Complaint, In Equity] State of North Carolina In Equity The Answer of Thos S. Lutterloh Trustee etc to the Bill of Complaint of Josiah Turner Senr. filed in Orange County Court of Equity This defendant saving and reserving all and all manner of exceptions etc. to the said Bill for answer therewith saith. That he was appointed Trustee by the Court of Equity of Cumberland County in the room and stead of Josiah Tuner Senr. and gave bond according to the decree That Josiah Turner after great deliberation conveyed the slaves and a Lot of Land to this defendant as Trustee of Maria Dodd, after he was server with notice from[?] said Court that if he did not do so he would be in[?] contempt - That he holds the said property of said Maria under the same uses and trusts as are contained in the Will of Eliza Estes - That - the property in his hand is applicable to the sole and seperate[sic] use of Maria Dodd, and not for the purpose of paying costs incurred by the negligence or mismanagement of any former Trustee - As to the suits and bills of costs mentioned in the Bill this defendant knows nothing, but contends that if the Complainant has brought suits, it has been because he did not husband the property as he ought to have done - That the permitting an insol- vent man Jas. Dodd to keep possession of the said slaves, was of itself an act done upon his own personal responsibility, and if any loss has , or might have accrued , the fund in the hand of this defendant is in no way responsible J Winston[?] Solicitor [page 2] State of North Carolina } Cumberland County } Personally appears before me John Mc Laurin Clerk of the county Court of Cumberland Thomas S Lutterloh, who upon being sworn deposeth and saith, that the several matter and things contained in this his answer that are of is own Knowl- edge are true and those not of his own Knowledge he believes to be true- Sworn & Subscribed before me March 4, 1852 Witness my hand & Seal of Office J McLaurin, Clerk [Estate Papers - Petition of James Dodd and Wife, Fall Term 1850] North Carolina } Cumberland County } In Equity To the Honorable The Judge of the Court aforesaid The Petition of James Dodd and wife Maria - Humbly complaining shew unto your Honor - That some time since one Eliza Estes of Orange County in said state died , having pre- viously published her last will and testament sufficient in to convey personal estate: and which said last will and testament, was duly ad- mitted to record in the Court of Pleas and Quarter Sessions for Orange County and not remains there of record - That amongst other bequests in said will and testament is the following, to wit, "I give and bequeath to my Niece Mariah Dodd, negroes Sam, Mary Ann, Mitchel and Fred" and in a codicil to the same, is the following, to wit "I revoke whatsoever I have given to Mrs Dodd, and give and bequeath the negroes which were given to her to Josiah Turner for her sole and seperate[sic] use free from the control of her husband and of any liability for his debts, and at her death equally to be divided among her children-["] Your Petitioners fur- there shew that the said Josiah Turner Trustee as aforesaid is a resident of the said County of Orange, and that your Petitioners are residents of the County of Cumberland - That some time since the said Josiah Turner Trustee as aforesaid placed in the possession of your Petitioner the said negroes where they have remained ever since with the exception of one at- tending on the family of your Petitioners and contributing to their support - Your Petitioners further shew to your Honor that an action of Detinue has be instituted against James Dodd one of your Petition- ers by the said Josiah Turner to recover the possession of said negroes, & also a write of Sequestration has been served on him returnable to Spring Term 1850 of Orange Superior Court the said Josiah alleging that your Petitioner James Dodd has sold one of the negroes to wit Fred, and that he the said Josiah was fearful that your Petitioner James Dodd would sell he balance of the negroes belonging to the trust. Your Petitioners admit that the negro Fred was sold, for the reason that he had become almost unmanageable and of bad and intemperate habits and was likely to prove almost valueless: that several men of prudence and respectability had advised that the said slave Fred should be disposed of: and that a day or two before he was sold, information in an authentic shape came to your petitioners and verily believed by them that the said Fred was about to abscond to some free state - and that your Pe- titioners fearful that he might elope before the said Josiah Turner could be consulted, sold him for an excellent price, and for his full value in cash, That the purchase money has been loaded out to good and responsible men and ready to be produced when- ever this Honorable Court may direct and decree - that nothing but the emergency of the case, the earnest request of his wife [page 2] and the advice of prudent and discreet men induced him to sell the said slave Fred without the advice or permission of the said Josiah Turner: that all he has done, has been done in good faith and for the benefit of his wife and children, whose interest he had consulted and advanced by the course pursued by him, for it is verily believed that the said Fred would doubtless have made his way to some free State where probably he would have been lost wholly and entirely - Your Petitioners further shew that they are desirous of changing the Trustee under said Will and Testament, to wit, the said Josiah Turner and substituting some other good and discreet person in is place and stead, and for reason whereof say, That the said Josiah is about to resume possession of the said negroes and remove the same to Hillsboro in said County of Orange, where you Petitioners allege that they will not hire out for near as much as they would in Fayetteville, as for instance one of the said slaves was hired out in the former place for forty Dollars whereas he was hired for one Hundred Dollars per annum in Fayetteville Further that your petitioners are desirous of removing from Fayetteville to some place where the interest of their children will be promoted and are anxious to take the said slaves with them without whom they cannot well remove - That the brother of Mrs Dodd will accept of the appoint- ment, a gentleman of character and standing who will give such bond as the Court may direct, and who is also desirous of removing with his sister - Your Petitioners further say that there is no good understanding between your Petitioners and the said Josiah Turner having had and now have law suits between them and on that account are anxious to have him the said Josiah removed, and it is unpleasant to have dealings and settlements with him - For these causes & others which you your Honor will be exhibited, if necessary - Your Petitioners pray that a copy of this petition may be served on said Josiah Turner together with the State's writ of Subpoena commanding him to be and appear at the next Term of the Court of Equity to be held for Cumberland County on the 7th Monday after the 4th Monday of September 1850 then and there to show cause why he should not be removed as Trustee and some other substituted in his place And your Petitioners as in duty bound will ever pray J Winston Sol pro Petrs. [Estate Papers - Bill of Complaint - Mar 1852] State of North Carolina } Orange County } In Equity March Term 1852 To the Honorable the Judge of the Court of Equity for said County - The Bill of Complaint of Josiah Turner Sr Against James Dodd and Wife ["Eliza" x-out] Maria and Thomas S Lutterloh Trustee Humbly complaining sheweth unto your Honor. Your Orator Josiah Turner Sr. - that Eliza Estes of Orange County died in the year 1845 - having first duly made and published ["her" x-out] a last will and testament sufficient in law to pass personal estate, which after her death was duly proven in Orang[e] County Court and now remains there of record; And that the said will among other things contained the following clause. to wit: I give and bequeath to my niece Mariah Dodd negroes Sam Mary Ann, Mitchel and Fred - And in a codicil to the same is the following : to wit: " I revoke whatsoever I have given to Mrs Dodd and give and bequeath the negroes which were given to her to Josiah Turner for her sole & separate use free form the control of her husband [page 2] and of any liability for his debts and at her death equally to be divided among her children Your Orator further sheweth that after he took upon himself the execution of the Trust he suffered The Said Slaves to be take to the Town of Fayetteville where Mrs Dodd resid[e]s where they remained for four or five years. Information reached your Orator sometime in the year 1850 that one of the slaves by the name of Fred had been sold, by Dodd & wife to one Johnston a negro trader residing in the state of L[o]uisiana. and that the said Dodd was offering to sell other negroes belonging to the Trust - Your Orator sent an agent in pursuit[?] of said Johnston who returned without finding him; but returning to the State again - a Writ in detinue was served upon him, returnable to Orang[e] Superior Court. The Cost of which Your Orator has paid amounting in all with attornies[sic] fees to twenty six dollars & thirty cts Your Orator still desiring Mrs Dodd to have the full benefit of the trust - by keeping the slaves about her house, sent an agent to Fayetteville to demand security, that, the Said Dodd would sell no more of the said slaves; This reasonable demand on the part of your Orator he[?] refused to comply with - whereupon Your Orator caused a writ in detinue to be issued against said Dodd to recover possession of said slaves and at the same time a Bill of injunction and [page 3] Sequestration to prevent the further sale or removal of the slaves from the state - Pending these suits Dodd and wife filed a Bill in Cumberland Court of Equity for the appoint of a Trustee i lieu of Your Orator - alledging[sic] that Your Orator intended to take the slaves back to Orange County where they would hire for about half as much as they would in Fayetteville that these were suits instituted by your Orator again him, etc. No breach or mismanagement of the trust was alledged against Your Orator as will be seen by the Bill a copy of which is herewith submitted to Your Honor as part of This Bill - Your Orator cause an answer to be filed ["the" x-out] to the Bill of Dodd & wife for which he paid twenty dollars - A decree was made in Cumberland Court - removing Your Orator and appoint Thomas S. Lutterloh Trustee in his stead, who entered into bond for the faithful execution of the Trust - Cumberland Court comeing before the Court of Orange Your Orator was removed before the final hearing of the causes in Orange Court - You Orator obtained a judgment against said Dodd in Orange Court at the last Fall Term for the said negroes- and a decree for his cost in the Bill which was filed - The Court before - The Clerk and Master issued Execution against said [page 4] [not stated] for his costs: The Sheriff of Cumberland returned upon said Execution nothing to be found ; the said Dodd then served notice on the Clerk and Master that he intended to take the benefit of the insolvent debtors law - which he accordingly did - and your Orator has paid to the said Clerk and Master the said Bill of Cost amount to thirty one dollars and sixty five cts. and also the further sum of thirty dollars and ninety cts. the cost and expenses in the suit at law against said Dodd- for the slaves in which suit Your Orator obtained a judgement[sic] but owing to the insolvency of said Dodd Your Orator had the cost to pay all of which sums and costs Your Orator has incurred to protect the estate in remainder to Mrs Doods[sic] children and which he submits in Equity and good conscience the Trustee Thomas S Lutterloh should repay to him: And your Orator has called upon said Trustee repeatedly so to do: but not withstanding The justice of Your Orators clain - and the ability of the Trustee to pay it - (he having the control of the said slaves) has refused and still refuses so to do - all of which actings and doing[s] and refusals on the part of Said Lutterloh confederating in the said Dodd and wife tend to tend to the manifest injury of Your Orator, And for as much as he is without remedy save in this Honorable Court, To the end therefore that he said Dodd & wife - and the said Thomas Luttlerloh may be compelled upon their corporal oaths full true and perfect answer make, to the premises the same as if it were again repeated and the thereunto inter[r]ogated: and in particular that the Said Dodd and wife answer - - whether they did not sell the Boy Fred - and whether Mrs Dodd [page 5] did-not urge upon her husband to sell one of the girls May Ann, and whether he did- not offer, or threaten to do so - And whether Your Orator did-not call upon said Dodd through an agent to give security that he would not sell any more of the said slaves , and if he did not refuse to give the security; before any Bill was filed or writ issued against him for Said Slaves - And in particular that the said Lutterloh answer whether he was not appoin- -ted trustee by the Court of Equity of Cumberland and if he has not given bond and taken upon himself the duties of executing the Trust - and if he has not been called upon by letter and other -wise to settle the said costs and charges - And Your Orator prays that an account may be taken by one under the direction of This Honorable Court of what is due and oweing to Your Orator - That the defendant Lutterloh may be decreed to pay unto your Orator what may be justly due and oweing: And that Your Orator may have such other & further relief in the premises as his case may require and to your Honor may deem meet. - May it pleas[e] Your Honor to grant unto your Orator the states writ of Subpoena to be directed to the said defendants Dodd & wife and Thomas Lutterloh [page 6] thereby commanding them to appear at our next Superior Court of Equity to be held for the county of Orange at the Court House in Hillsboro on the 2d Monday in March next - then and there to answer to stand to perform and abide such further order and decree as may be made in the premises. and as in duty bound your Orator ever prays [x-out appears to indicate a change of attorney..] Thomas Webb Sol for Ptff [Estate Papers - Answer to Bill of Complaint] State of North Carolina - In Equity The Answer of James Dodd and Wife Maria to the Bill of Complaint of Josiah Turner Senr. filed in Orange Court of Equity -- There defendants reserving to themselves all right of exception to the said Bill of Complaint, for answer thereto says &c They admit that Eliza Estate of Orange County died as stated in the Bill:- that she left a will which was duly proven and in which is contained the clause that codicil as stated in the Bill - That it is true the Complain- ant suffered the slaves mentioned in the will (with the exception of Sam which the Complainant never has delivered to these defendants and for which he has never accounted) to remain with the defendant James Dodd:- That the boy Fred be- came unruly and dangerous, and was in all probability making preparations to abscond, and the defendants living a great distance from the Trustee the defendant James Dodd thought it prudent and proper to dispose of said slave, which he accordingly did at a fair and full price, and in order to carry out the intentions of the testatrix by advan- cing the interests of the co-defendant Maria, he invested the amount received for said slave in a Lot and dwelling House in the Town of Fayetteville, and caused the title to be made to "Josiah Turner Trustee of Maria Dodd"- That some time after said sale was made and the purchase of the lot effected one Josiah Tuner Jr appeared as the agent of the Complainant and the defendant James Dodd told the said agent what he had done, and the said agent [page 2] expressed himself fully satisfied at what had been done - That the said agent to be certain that the story was true went to the vendors of the Said Lot to wit Sampson Boon and Hester McMillan; and was satisfied that the deed was made as represented ~~ These defendants further state That all this infor- mation and all these acts were well Known by the Complainant long before he instituted the suits at Law against James Dodd and S Johnson and be- fore the Injunctions issued from the Court of Equity of Orange County - These defendants claiming[?] that any copy of any Bill in Equity from Orange County was served upon them and they had no opportunity of filing an answer and ought not in any event be liable for these costs, Fini: an Injunction was served and bond was given acceptable to the sheriff of Cumberland but these defendants has no means to answer any Bill that may have been filed against then if any never having accepted a copy These defendants expressly deny that they or either of them at any time either before the commencement of the said suits or since ever offered for sale or intended to offer for sale, any of the Slaves devised as aforesaid, with the exception of Fred - and he was sold at the request of a large number of the citizens of Fayetteville - That these defendants through their counsel John Winslow Esquire, before the suits were instituted, did proffer to give ample security for the forthcoming of the slaves, and he was told by the agent Josiah Turner Jr that ["it was unnecessary" x-out] he would not take security these defendants say That the incurring of these costs was wholly unnecessary and useless and that they were instituted for the sole purpose of harassing them and benefiting himself and that believing this they filed their Bill in Cumberland Court of Equity to [page 3] remove the Complainant as Trustee, and at the return term he filed his answer and the Court upon Bill and Answer removed him from his said trustee- ship and substituted in his stead Thomas S Lutterloh of Cumberland - These defendants continue that the costs of these suits were unnecessarily and improvidently incurred : that the Complainant was well aware of all the fact and circumstances, and ought to have been well satisfied say further That there is no reason in Equity why these costs should come from the fund of Maria Dodd in any event as the liability as Trustee cannot be shifted from an irresponsible person upon the trust fund. That if the Trust fund should be subjected to the payment of these costs, it would be owing entirely to the neglect and mismanagement of the Trustee, the Complainant These defendants deny all continuation &c and pray to be here so dismissed with their reasonable costs in this behalf most wrongfully sustained Waddell Solr State of North Carolina - Cumberland County Personally appeared before me John McLaurin Clerk of the County Court of Cumberland in the state aforesaid James Dodd who upon being duly sworn depos[eth???] saith that the several matters & things con- tained in this his answer that are of his own Knowledge are true the rest he believes to be true - Witness my hand & Seal of office March 4 1852 J McLaurin, Clerk [page 4] In obedience to the enclosed commission issuing from the Court of Equity of Orange County North Carolina at March Term AD 1853 for taking the examination of Josiah Turner Jr concerning a certain matter of controversy in said Court pending wherein Josiah Turner [Sr] is Plaintiff and James Dodd & wife & Thomas Lutterloh are Defendants I have this day caused the said Josiah Turner Jr to appear before me at the Office of the Clerk & Master in the Town of Hillsboro in said County of Orange on the 12th day of September 1853- who being duly sworn upon the Holy evangelist of Almighty God deposed and says as follows That is to say - 1st Question State what you know relative to the controversy between the Plaintiff and Defendants in this suit - and what [x-out] passed between you and the Defendant Dodd in September 1850 in the Town of Fayetteville Answer - Thi[sic] Plaintiff having heard that Dodd the Defendant had sold the boy Fred to a Negro Trade living in the State of Louisiana sent me to Fayetteville with a write to be served on Johnston for the boy Fred [page 5] ["before" x-out] and to require of Dodd to give security that he would sell none other of the Trust Negroes - I was at the Hotel when Mr Winslow came in - he is mistaken in being sent by Dodd - for neither Dodd nor any other person knew my business in Fayetteville. On had I ever seen Dodd - at that time - Mr Winslow informed me Fred had been sold - and that Dodd had offered May Ann & child for sale - That day or the next I saw Dodd - who stated he had bought a House & lot with the money received for Fred excess perhaps 100$ which he had loaned out - I then told him that the Plaintiff require him to give security that he would sell none other of the negroes - He was quite indignant at my request swore he never would give the security and that his counsel had advised him that he could sell them all - and Turner would not be hurt by it - I then told him I would put process of law in the hand of the Sheriff - which would take the negroes from him - His reply was in oaths with a threat to kill the man who took them I left him to hunt the sheriff into whose deputies hands I put the writ ["a" x-out] again Dodd - and one against Johnson to be served on Johnston in case he returned to Cumberland County [page 6] Mr Winslow then saw me a second time He offered no bond or security for Dodd as I understood - He Winslow asked if it could not be amicably settled - I replied that after Dodds behavior he could settle the matter with the Sheriff - who had the writs - while this conversation was going on with Mr Winslow - Dodd & the officer came into the Hotel - Dodd made no proposition to give security; but said - I was only trying to get him in jail, but he had given security to officer then showed me the bond which Dodd had given - [x-out]I took Mr Winslows ["interference" x-out] part in the matter to be that of a friend rather than an agent - Dodd being of age and present at one of the interviews - between ["his agent" x-out] Mr Winslow & myself I feel certain that Mr Winslow had but two interviews with me and not three - as he thinks ["Further this deponent saith not" x-out] [" Josiah Turner Jr" x-out] Question Did you put into an officers hand a Copy of a Bill of injunction & Sequestration against Dodd - in Sept. 1850 Answer I did Further this deponent saith not Josiah Turner Jr [page 7] I, William Dickson a Justice of the Peace for Orange County do hereby certify that the foregoing deposition of Josiah Turner jr was duly taken, subscribed & sworn to before me at the time & place above mentioned In testimony whereof I have hereunto set my hand & seal this ["day & year ab" x-out] 12th day of Sep 1853 Wm. Dickson J P (seal)