Orange County NcArchives Wills.....Kirkland, William October 16, 1829 ************************************************ 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 E, pages 388-391 Written: October 16, 1829 Recorded: unknown date Testator: William Kirkland I William Kirkland of Orange County in North Carolina do make and publish this my last Will and Testament this Sixteenth day of October One thousand eight hundred and Twenty nine Whereas I am largely indebted to sundry persons especially upon Notes made by myself or by McNeile & Kirkland and indorsed by divers of my friends, particularly David Yarbrough, John U. Kirkland, and Thomas Ruffin, which Notes are negotiable and payable at and held by the Bank of the United States or by some of the Banks of this State; and it is my sincere desire effectually to indemnify my said indevers[?] and to secure the payment of the said debts & finally to pay them and all others which I may owe or be bound for. Now to that end, and to dispose of my worldly substance, I do hereby give, devise, & bequeath my whole Estate, both real and Personal, wheresoever situate, & all debts due me, and every interest & valuable thing to me belonging to my son John U. Kirkland, and my son in Law Thomas Ruffin Esquire (whom I hereby appoint my Trustees and Executors of this Will) in absolute property that is to say, the Real Estate, to them and their Heirs, and in case of the death of one of them to the Survivor and the heirs of the survivors, and the personalty to them, their Executors and Administrators: ----- In Trust nevertheless, and for the Uses and purposed herein after mentioned That is to say, In Trust to collect all monies due to me, and also to make sale of my Lands and real property and my personal Chattels & Slaves, or such part of parts thereof as my Trustees and Executors or the Survivor of them shall in their or his discretion deam[deem] necessary or proper; and upon such term as to them or him shall seem best, and at public or private sale, and out of the monies thus collected or arising from the sale of my said Estates pay of[f] my funeral Expenses, and the charges of managing and administering my Estate, and then pay of[f] and satisfy all Debts by me owing in the order following -- Namely, any debt or debts for which the said David Yarbrough is my security, or any Note or Notes made by me which the said Yarbrough [page 2] Yarbrough hath endorsed or shall have endorsed for my accommodation in the first place; And in the next place, such other debts or Notes of mine for which the said Thomas Ruffin and my son John are, or either is, or shall be sureties or security by endorsement or otherwise; And in the third place, any other debt or debts in any manner owing by me as the principal debtor or one of the principal debtors, And in the fourth place all and every other debt or debts which I may be legally bound and liable for as the surety of or endorser for any other person or persons, if my Estate be sufficient therefor, and if not sufficient to pay the whole, then each one in equal proportions according to the amount of the debts: And upon the further Trust as to the whole --- residue of the said monies and Estates, after making all the said payments, for the Use and benefit of my Wife Margaret for & during the term of her natural life; And in relation to this bequest and declaration of Trust in favour of my Wife, my meaning is, that my said Trustees or the Survivor may in their or his discretion sell the whole of my said Estate or only so much thereof as shall be sufficient to pay the expences, charges, and debts aforesaid; and that as to sich parts as shall remain unsold after making the payments aforesaid, or as to the surplus of money, if there be any after those payments to be made, that my said Trustees or the survivor shall stand seized of the real Estate and possessed of the personalty to the use and benefit of my said Wife, & suffer her to receive the profits thereof, and put out the monies to interest, and pay over to her annually the accruing interest to her own use during her life And upon the further Trust upon the death of my Wife, to make sale of all parts of my Estate what kind soever it may be then remaining unsold, and the proceed[s] thereof as well as the money then on hand or at interest and the whole residue of my property to divide into five equal parts or shares, of which I give & bequeath one to each of my four children Alexander, Mary, Susan, and Phebe absolutely; and the remaining fifth part or share, I order and direct to be put out by my Executors to interest to and for the separate use and benefit of my Daughter Martha during her present coverture and not subject to the debts, contracts, or disposition of her [page 3] her present husband and the interest or profit annually growing thereon during her present Coverture shall be paid to my said Daughter at her order on the first of January in each and every year by my Executors if demanded of them And if my said Daughter should survive her Husband, my said Trustees and Executors shall then pay to her the whole of the said share forthwith upon demand in good Bonds; but in case my said Daughter should die before her Husband and leave a Child or Children, then and in that case upon her death, I give the said fifth share to such Child of said Mother, if only one, or to her Children, if more than one, equally to be divided between them share and share alike --- The situation of my affairs is such as to make it very uncertain what surplus of my Estate will remain after the payment of my debts; and feeling, as I do, the duty of providing with the greatest certainty in my power for the comfortable livelihood of my Wife in her old Age, I have considered it most proper and prudent to bestow upon her as I have herein done the profits of my whole Estate after the payment of my Debts to discharge which, I think is the first and highest duty --- Hence[?], I have not made any provision for my younger Children during their Mothers life, as I doubt not that according to her ability she will with Maternal feelings afford them proper aid, and provide for them as Members of her family -- I mention this in explanation of my Motives and hopes in framing this my Will, and not as creating thereby any legal obligation on my Wife to maintain the Children --- which, I trust is altogether unnecessary, seeing that they may be useful to each other, and their mutual Affection will form a sufficient bond between them. --- Wil Kirkland [page 4 - probate court] John U Kirkland & Thomas Ruffin in their proper persons being ??? into Court a paper writing purporting to be the last will & Testa- ment of William Kirkland late of the County of Orange deceased, bear- ing date the 16th day of October A.D. 1829, in which the said John U & Tho- mas are nominated the Executor therefor & deposit the same in Court: And thereupon the said Thomas doth here in open Court refuse[?] to make probate of the said paper writing as a last will & tes- tament, or to take on himself the said office of executor [x-out] or the trust[?] or any of them in the said writing conferred on him, the said Thomas and doth renounce the same. And then upon the said John U Kirkland doth move the court to receive proof of the said paper writing as the last will & testament of the said William deceased & to pronounce the same to be the last will & testament of the said William deceased & to grant to him the said John U. Letters Testamentary ?????upon And ["the" x-out] to support the said [x-out] application the said John U. Kirkland produced to the Court the following Witnesses, namely Andrew Mickle, Nathaniel D. Bain, Leo Heartt, Idin[?] Taylor, Catlet Campbell, James S. Smith who being sworn in open Court, testify respectively as followeth, that is to say: The said Andrew Mickle on his said Oath deposeth & saith, that He is of the age of 24 years or thereabouts; that he went to reside in the family of the said William deceased at an early age &c conti= nued until about the beginning of the present year: that the said William deceased was a merchant & (as he both understood & believes) carried on business in the town of Hillsborough for upwards of forty years next before & up to the time of his death; and the deponent was [hired?] by the said William now deceased to the same busi- ness as [x-out] storekeeper & clerk, in which he served for two years [page 5 - probate court] or thereabouts and the by reason of such his long acquaintance service & famili- ["and serving him often" interlined here, but not sure where it goes.] ar inter course with the said William deceased, the deponent became & was well acquainted with the hand writing of the said William, the alleged Testa- tor & knows that the handwriting of said William deceased became and is gene- rally known to the numerous customers & by the acquaintances generally of the said William deceased, and the said deponent ["Andrew" x-out] became also perfectly acquaint- -ed with the books of accounts, bonds & evidences of debts & valuable papers of the said William & of the affairs in which he was concerned & with the places in which ["they were" x-out] such documents & the cash on hand were usually deposited: And the said Andrew doth on his said oath further de- -pose, that the said William Kirkland departed this life at his own house in Orange County, near Hillsborough, on the 21st day of June last past; and within three or four days thereafter he was requested by the family of the deceased to examine his papers & orders for the purpose of finding his will, if he had left one; and this deponent in the presence of several persons (among whom were the said Bain & Heartt) proceeded to make such examination in one of the stores in Hillsborough in which the said William deceased was concerned & which was more immediately by him -self & by the said Bain & Heartt as Clerks therein : And he saith, that in a desk in the said store, in which for many years past the valuable papers of the said William & of the store (such as money, bonds, deeds for slaves & land) were usually deposited, he there found the said paper writ -ing which is here should to the deponent & offered as the last will & testament of said deceased & also found in the said desk with the said testament money, bank notes bonds for money payable to said William & to said William Kirkland['s store?] & deeds for lands & slaves; & that he, the said Andrew hath ever since kept the said will in his possession until the present day: And the said Andrew doth further on his said oath depose, that the name of the said William Kirkland (now deceased) invested in the said paper writing & also subscribed thereto & also the said paper writing & every part there of is or the said Andrew doth verily believe, in the hand writing of the said William deceased, -- [page 6 - probate court] And the said Nathaniel D. Bain & Leo Heartt on their said several Oaths do also severally depose, that they were Clerks for the said William deceased as deposed to by the said Mickel & do know that the desk in which the said Will or paper writing was found was that in which the money, bonds, deeds, & other valuable papers belonging to the said William were usually kept deposited & secure under lock & key; and the said Bain further saith that he was personally present when the said Mickle unlocked & exam -ined said desk after the death of said William, & found the said paper writing therein & among the money, bonds & deeds of said William deceas -ed: And the said John Taylor, Catlet Campbell & James S. Smith _____________ do further upon their said several oaths ["further" x-out] depose & each of them doth depose that they have respectively resided in or near Hillsborough for forty years or thereabouts & have during that period been intimately acquainted with said William Kirkland now deceased & with his hand writing, which from his long & extensive business as a merchant was generally known by the acquaint -ances of said William deceased; and that they do & each of them doth verily believe that the name of the said William Kirkland invoked[?] in the said paper writing & subscribed thereto also the whole of the said paper writing & every part thereof is in the hand writing of the said William Kirkland now deceased : -- Whereupon the Court doth declare the said witnesses to be credible persons; and, upon consideration of the said motion made by said John U Kirkland & of the proof in support there -of, the Court doth pronounce the said paper writing, which is in the following words & figures, towit (I W---________ ) to be the last Will & testament of the said William Kirkland deceased sufficient in law to pass personal estate & also to give & convey [x-out] lands tene- -ments & hereditaments: And doth order & adjudge that Letters Testament -ary on the same be granted to the said John U. Kirkland as Executor thereof upon his taking the oaths prescribed by law: which is now immediately [page 7 - probate court] done by John U Kirkland in open Court.-- [Will Book Volume E, page 388] I William Kirkland of Orange County in North Carolina do make and publish this my last Will and Testament this Sixteenth day of October One thousand eight hundred & twenty nine Whereas I am largely in debted to sundry persons especially upon notes made by myself or by McNeile & Kirkland and indorsed by divers of my friends particularly David Yarbrough John U Kirkland and Thomas Ruffin which Notes are negotiable and payable at and held by the Bank of the United States or by some of the Banks of this [Will Book Volume E, page 389] State and it is my sincere desire effectually to indemnify my said indevers[?] and to secure the payment of the said debts & finally to pay them and all others which I may owe or be bound for now to that end and to dispose of my [x-out] Worldly Substance I do hereby give devise, & bequeath my whole Estate both real and Personal wheresoever situate & all debts due me and every interest & valuable thing to me belonging to my son John U Kirkland and my son-in-Law Thomas Ruffin Esquire (whom I hereby Appoint my Trustees and Executors of this Will) in absolute property that is to say the real Estate, to them and their Heirs and in case of the death of one of them to the Survivor and the heirs of the survivor and the personality to them, their Executors and Administrators ~~~~ In Trust nevertheless and for the uses and purposes herein aftermentioned That is to Say In Trust to Collect all monies due to me, and Also to make Sale of my Lands and real property and my personal Chatteles and Slaves or Such part of parts thereof as my Trustees and Executors or the Survivor of them shall in their or his discretion deam[deem] necessary or proper and upon such term as to them or him shall seem best and at publick or private sale and out of the monies thus Collected or arising from the sale of my said Estate[s] pay of[f] my funeral Expenses, and the charges of managing and Administering my Estate, and then pay off and satisfy all Debts by me owing in the order following namely any debt of[or] debts for which the said David Yarbrough is my security, or any note or notes made by me which the said Yarbrough hath endorsed or Shall have endorsed for my accommo =dation in the first place and in the next place, such other debts or notes of mine for which the said Thomas Ruffin and my son John are or either is or Shall be sureties or Security by endorsement or otherwise; and in the third place any other debt or debts in any manner owing by me as the principal debtor or one of the principal debtors And in the fourth place all and every other debt or debts which I may [be] legally bound and liable for as the surety of or endorser for any other person or persons if my Estate be sufficient therefor and if not sufficient to pay the Whole, then each one in equal proportion according to the Amount of the debts: And upon the further Trust as to the whole residue of the said monies and Estates, after makeing all the said payments for the Use and benefit of my Wife Margaret for & during the term of her natural life And in relation to this bequest and declaration of Trust in power[favour] of my Wife my meaning is that my said Trustees or the Survivor may in their or his discretion sell the whole of my said Estate or only so much thereof as Shall be sufficient to Pay the expenses char =ges and debts aforesaid; and that as to such parts as shall remain unsold after makeing the payments aforesaid or as to the surplus of money if there be [Will Book Volume E, page 390] any after their payments to be made, that my said Trustees or the Survivor Shall Stand Seized of the real Estate and possessed of the personality to the use and benefit of my said Wife, & Suffer her to receive the profits thereof and put out the monies to interest, and pay over to her annually the accruing interest to her own use during her life and upon the further Trust upon the death of my Wife to make sale of all parts of my Estate what kind soever it may be then remaining unsold and the proceeds thereof as well as the money then on hand or at interest and the whole residue of my property to divide into five equal parts or Shares of Which I give & bequeath one to each of my four Children Alexander Mary, Susan and Phebe absolutely and the remaining fifth part or share I order and direct to be put out by my Executors to interest to and for the Separate use and benefit of my Daughter Martha during her present cove[r]ture and not Subject to the debts, Contracts or disposition of her present Husband and the interest or profit annually Growing thereon dureing her present Cove[r]ture Shall be paid to my said Daughter at her order on the first of January in each and every year by my Executors if demanded of them And if my said Daughter should survive her Husband my said Trustees and Executors Shall then pay to her the whole of the said Share forthwith upon demand in Good Bonds but in Case my said Daughter Should die before her Husband and leave a Child or Children then and in that Case upon her death I give the Said fifth share to Such Child of said Mother if only one or to her Children if more than one equally to be divided between them Share and Share alike ~~~ The Situation of my affairs is such as to make it very uncertain what surplus of my Estate will remain after the payment of my debts; and feeling as I do the duty of providing with the greatest Certainty in my power for the comfortable livelihood of my Wife in her old age, I have considered it most proper and prudent to bestow upon her as I have herein done the profits of my Whole Estate after the payment of my debts ~~ [to] discharge which I think is the first and highest duty Hence I have not made any provision for my Younger Children during their Mothers life as I doubt not that According to her ability she Will With Maternal feelings afford them proper aid and provide for them as Members of her family ~~~ I mention this in explanation of my Motives and Hopes in framing this my Will and not as creating thereby any legal obligation on my Wife to maintain the Children which I trust is altogether unnecessary seeing that they may be useful to each other, and their mutual Affections will [Will Book Volume E, page 391] form a sufficient bond between them William Kirkland [No probate statement.] Additional Comments: Will Book Volume E, pages 388-391 Recorded unknown date James S. Smith found in the deposition concerning the will is possibly James Sidney Smith. John U. Smith appears to be John Umstead Smith Estate Papers comprise 35 pages and are found in a folder labeled "Kirkland, William (1836)". William Kirkland died in 1836. Margaret, the testator's widow, survived her husband by three years, dying in July 1839. Martha De Graffenreidt, wife of Edwin L. De Graffenreidt, maiden name is Martha Shepard Kirland [Estate Papers - Sale Nov 1836] Account of Sales of personal property belonging to the late William Kirkland deceased had in November 1836 and by whom purchased to wit --------------------------------- [misc items omitted] The following Negroes were sold Sept 1836 at public sale and purchased by Dr Edmund Strudwick for cash To wit 6 Henry 1 Harry 7 William 2 Betsey 8 Jeany 3 Joe 9 Patsey 4 Duncan 10 Billie[?] 5.Glasgow Amount 8196 [page 2] Account sale of Personal property sold 1839 after Mrs. Kirkland's death to wit Perishable property . . . . $1825.50 The following negroes at same time to wit Dick $607 Henry $700 Lewis 600 Juda 10 Osborne 699 Dilsey 10.50 Big Jenny 411 Milley 10.00 Charity 500 2817.00 $3547.50 Feb 1839 Sold the following negroes Woman Charity & } Sukey . . . . } for $884 And purchased at same time Charity 500 [Estate Papers - Bill of Complaint Mar Term 1843] 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 Complaint of Edwin L. De Graffenreid & his wife Martha, Alexander M. Kirkland, Andrew Mickle Mary Kirkland, Susan Kirkland and ________________ McLester & his wife Phoebe Against John U. Kirkland executor & Trustee of William Kirkland deceased: Humbly Complaining sheweth unto your Honor, that William Kirkland late of the County of Orange departed this life in the year 1836 having previously made and published a last will & testament, which remained un- cancelled & unrevoked at his death, and was properly ex- cuted for the purpose of passing all his estates, both real & personal; which will was duly proved at August Term of of[sic] County Court next ensuing the death toe Test- tator, when Thomas Ruffin one of the executors & trustees appointed by said will renounced the said executorship, and all right to execute the trusts devised & queathed[sic] to him by said will, but John U. Kirkland, (herein called defendant) the only other executor & trustee appointed in & by the said will accepted the same, and was at the said Court qualified as executor; ["Your" x-out] The Complainants show unto your Honor, that the said testator by his will left the whole of his estate, money & effect to the said John U. Kirkland in trust in the first place, for the payment of his debts; secondly for the use & benefit of Mrs Margaret Kirkland the widow & relict of the said William Kirkland, during her life: And then the said will contains the following clause, viz, "And upon the further trust, upon the death of my wife to make sale of all parts of my estate of [page 2] what kind soever it ma be then remaining unsold, and the proceeds thereof as well as the money then on hand or at interest, and the residue of my property to be divided into five equal parts or shares, of which I give and bequeath on to each of my found children, Alexander, Mary, Susan and Phoebe absolutely, and the remaining firth part or share, I order and direct to be put out by my executor to interest to & for the support, use, and benefits of my daugh- ter Martha during her present coverture & not subject to the debts contract or distribution of her present Hus- band & the interest & profits annually growing there- on during her present coverture shall be paid to my said daughter or her order on the 10th of January in each & every year, by my executors if demanded of them, and if my said daughters should survive her husband, my said Trustees & Executor shall pay to her the whole of he said share forthwith upon demand in good bonds, but in case my said daughter should die before her husband & leave a child or children, then and in the case, I give the said fifth share to such child of said Martha if only one, & to her children if more than one, equally to be divided between then share & share alike." The complainants shew that your Orator Alexander, and your Oratrixes, Martha the wife or you orator Edwin L. De Graffenreid, Phoebe the wife of your orator ___________ McLester and Susan Kirkland and Mary Kirkland are the five children of the testator for whom benefit the the surplus aforesaid was bequeath by the said will: and the said Alexander by deed executed by him on the 11th day of July 1839 hath conveyed all his estate right & interest in his said legacy to your orator Andrew Mickle ["for the" x-out] in trust for the purposes therein mentioned: The ["defendants" x-out] complainants further shew unto your Honor, that the estate & property so left to he said defendant, & of which he possessed himself as executor & trustee, were of great value, consisting [page 3] of lands both in this and other states, & in Florida, a large number of slaves, stocks of horses, cattle &c, and valuable stock, & capital in trade, in copartnership with the said John U Kirkland, in the business of retail merchants, tannery of leather & other pursuits; besides large sums of money due to the testator individually, or to the various copartnerships with the defendant which property was of value sufficient not only to an- swer the other trusts of the said testator but also to leave a large surplus to your orators and oratrixes: The Complainants further shew unto your Honor that Mrs Margaret Kirkland did not long survive her husband & died in the year 1839 and the debts due by the said William Kirkland at the time of his death, have all been paid or should long since have been paid, by the defendant, as much more than the period allowed to him for that purpose by the law has expired: And the complainants had believed[?] that the defendant would promptly have accounted with them, & paid over to them, their said legacies ac- cording to the provisions of the will & have frequently applied to hom for that purpose: but now so it is, may it please your Honor, the said John U. Kirkland refuses to do it not de- nying in any respect the right of the Complainants, or that there is a large surplus to which they are entitled, but he declares & present to them, that there are certain matters connected with his settlement with them, upon which he has great doubt & difficulty, & is on that account, unwilling to take upon himself the responsibility of making a voluntary settlement with them: In tender consideration where= of, And for as much as the Complainants are without remedy in the premises save in this Honorable Court where such matters are properly cognizable: To the end therefor that the said John U. Kirkland may upon his Corporal oath full true & perfect answer make to all the ["matter" x-out] allegations & matters in this bill con- [page 4] tained, in as full a manner, as if the same were here re- peated to him by interrogatories; that he may be required to render a full account of all the estate & money and ef- fects of the said William Kirkland which came to his hands as executor & trustee or which ought ["to" blot-out] so to have come to his hands, together with his administration thereof, and of the surplus now remaining in his hands, to which the com- plainants are entitled: And that such other & further relief may be granted unto them as in the premises they may be entitled to: May it please your Honor to grant unto them the States writ of subpoena to be directed to the said John U. Kirkland Commanding him to appear at the next term of this Honorable Court to be held at the Court House in Hillsborough on the 2nd Monday of March next, then and there to an- swer the Complainant's bill & to stand to & perform such order or decree therein as to your Honor may seem meet And as in duty bound your orators & oratrixes will every pray &c J. W. Norwood sol for Complainants [Estate Papers - Answer to Bill of Complaint Mar 1843] Orange County } Court of Equity } Fall term 1843 The Answer of John U. Kirkland Executor &c of the last will & testament of William Kirkland decd. to the Bill of Complaint of Edwin L. De Graffenreidt & wife and others against him This Defendant saving and reserving &c For Answer to so much of said Bill as he is advise is material, Answers & says, that he admits, that his Father, the late William Kirkland of Orange County departed this life in the year 1836, having personally made & published his last will & testament in writing with all due solemnities, for passing both real & personal estates - that said will was duly proved at August term in the same year, of the County Court of Orange, and this defendant qualified as the sole Executor thereof. Thomas Ruffin Esq the other Executor nominated therein, having renounced the office, and refused to qualify that the said Will contains the provisions or similar ones, recited in the said Bill. But for the particular language used by the said testator, this defendant refers to the will itself of record in the proper office Further answering this defendant saith that in fulfilling the duties devolved on him by said will, ["that" x-out] he too acted with the advice and approbation of his Coexecutor aforesaid, with the approbation of such of the Legatees, as he found it convenient to consult, and according to his Judgment of the best interests of the estate of the testator - that the estate was deeply indebted (as was indicated in the primary disposition of this property [page 2] by the testator), and Mrs Margaret Kirkland the widow of testator (for whom use & benefit during life, the whole estate was given, secondarily) survived her husband about three years - that this defendant took into his possession all of the property monies & effect, of the testator as far as he had any knowledge of the same, and has returned a full Inventory thereof, according to such knowledge, to the office of the Court of Pleas & Quarter Session of Orange County: to which he here makes reference for greater certainty - that in September 1839 he sold ten negroes of the estate at public auction for the sum of Eight thousand One Hundred & Ninety six dollars ($8196) - In November of the same year, he sold the stock, Household & Kitchen Furniture, six Hundred & Twenty dollars, sixty seven cents ($2620.67) - In which latter sum however the purchases of Mrs Margaret Kirkland widows as aforesaid, consisting of article deemed necessary to her comfort and benefit, amounted to Two thousand & Fifty-eight dollars, twenty-three cents ($2058.23) which was never collected for her, but, the property or its increase, as again by this defendant as Executor - A list of the articles as purchased by her appears in the Inventory returned to the County Court as aforesaid. Further Answering this defendant said that[large x-out] after the death of his mother the aforesaid Mrs Margaret Kirkland which occurred in July 1839 [end of x-out] the said widow find two of the negro women of the estate by name Charity and Suckey refractory & disobedient, he, at her request sold them for he sum of Eight Hundred & Eighty four dollars ($884) [page 3] 3 And purchased in their stead a negro woman named Charity at the sum of Five Hundred collars. Further Answering, this defendant saith, that after the death of his mother, the aforesaid Mrs. Margaret Kirkland, which occurred in July 1839, towit in November of that year he result all the property purchased by her as aforesaid, or its increase or residue, and also sold all the other personal property of the estate of his Testator, consisting of nine negro slaves for the aggregate amount of Five thousand seven Hundred & Fifty seven dollars ($5757.) He has also made sale, at different times, of land of his Testator, to the amount of Thirteen Thousand six Hundred & six dollars ($13606.). A particular account of these several sales, of the times, and terms, on which they were made, and to whom is appended hereunto and is prayed to be taken as a part of this answer It shews a receipt of assets by this defendant to the amount of Twenty eight Thousand, one Hundred & Twenty one dollars & Forty four cents ($28121.44.). In addition to this sum, this defendant has received Eight or Nine Hundred dollars from the sale of some of the lands of his Testator in Tennessee whether this sum belongs wholly to testator or is to be divided with the partners[?] he is ignorant. As there land lie at so great a distance from home, this defendant has been obliged to administer them through an agent and has relied much on them being attended to by the Colonel Thomas Ruffin who had a personal interest in & acquaintance with the title, which the defendant [???] and he is unable to state, what portions, or how much of them, have been sold, He understands that there is a content pending at Law, in that state as to the title of some portions of these lands but to what particular tract it appertains, he is ignorant. He has confidence in the fidelity of the agent who has been administering the interest of the [page 4] 4 the estate in that country and believes that they will be properly attended to, but as yet he is not informed their particular condition further than is herein stated. He has set forth in his Inventory every tract of which he has any knowledge, and is willing to dispose of any part that may be unsold, according to the direction of this Court. One Lot belonging to testator at his death in the Town of Columbus Georgia, & occupied by the Plaintiff E. L. De Graffenreidt & family, this defendant is advised did not pass by the devise in the will aforesaid as it was purchased after the date of said Will, and has been, or by agreement, will be conveyed by the Heirs at Law of Testator for the use & benefit of said family 0 they being charged in the receipt of their Legacy under the Will with the sum of $500, the amount paid by the Testator for the purchase of said Lot - with interest thereon since his death. The land in Florida, this defendant under- -stands, depend on a disputed title, and he has made no attempt to dispose of them, believing that they would yield nothing untill that controversy shall be settled. This defendant has also received rents from some of the real estate aforesaid & some debts due to Testator, but deems it unnecessary to set them forth here, in detail, as he will be prepared to render a full account of them, when this court shall so order. Further answering this defendant saith that he believes the foregoing to be a correct account of the individual estate of his testator which came to his hands. [page 5 - very short page?] This defendant submits to a full and fair account of all the affairs of this firm, but not having stated the account particularly, he is unable now to say what, if any thing is due. [page 6] 6 In addition to these, he admits that his testator was equally concerned with him, this defendant, in the following partnership concerns Towit 1. In a shoe shop, managed by William H. Brown, This was a small concern set up by the partners for the purpose of disposing of the surplus Leather of which they were Tanners, after being manufactured into shoes and continued but two years - the accounts thereof have not been [x-out] all settled, but it is believed that there will be but little if any thing due to the estate of testator from this source. 2. In a Tan Yard under the style of William Kirkland & Co, in the Town of Hillsboro: The business of this concern was carried on after the death of Testator untill the death of his widow. The entire interest ["of Testator" x-out] in the concern was then exposed to sale at public auction under the direction of said will by the knowledge & consent of such of the Legatees as were in the vicinity & capable of being consulted, and was purchased with their approbation by the defendant at the sum of ["Three" x-out] ["Thousand" x-out] seven thousand Five Hundred dollars [large x-out] which is its full value. This defendant being an equal partner in the concern, became thus chargeable to this Testator's estate in the sum of Three Thousand Seven Hundred & Fifty dollars ($3750) He believe afore/upon? as fair statement of the account of this firm, that but little if any thing beyond that sum will be due to his Testator's estate The Testator himself having ???? the management thereof during his life [x-out ends] 3. In a store, of Merchandise in Hillsboro under the style of Wm Kirkland & Son: this defendant by the persuasion of members of the family was prevailed on to become the purchaser of the goods of this firm on hand at Testators death. Accord- ingly he & Alexander M. Kirkland, who was a merchant, and the only male among the Five Legatees entitled to the Legacy [page 7] Legacy in question, took on Inventory of said goods, and selected William Cain & Dr James Webb as arbitrators to fix the price. They decided that this defendant must pay for these 20 per cent less than the original cost, which made the whole stock worth six thousand dollars and a small over, as will appear by reference to the charge on the books and this defendant chargeable in the settlement with ["Testators estate in the sum of" x-out] ["Three thousand dollar at six and twelve months with interest after six months"] that concern with this sum. The stock of goods was in great part old, the business having been carried on many years, and this defendant is well assured that the purchase was highly injurious to him, and far more beneficial to the estate than if the good had been sold according to the usual course. This defendant has not balanced the books of this concern but believes that Testators estate will be indebted to it. Its business had been carried on, from the year 1824 till Testators death and was profitable. And from it, Testator was in the habit of drawing resources for several years, before his death, to reduce the heavy debts which stood against him individually - At the same time with the sale of the Tanyard, this defendant also sold at public auction the store House in Hillboro' belonging to William Kirkland & Son, in which their business was carried on, Lot No 25 and became the purchaser himself at the sim of Twelve Hundred dollars which was its full value Thereby becoming chargeable with that sum ["of $1200" x-out] in settlement with that concern. Further answering this defendant saith, that he had made disbursements on account of said estate to the amount of sixteen thousand, seven Hundred & Twenty four dollars, & ninety three cents ($16724.93.). The particulars of which are contained in a statement marked B appended hereunto, & which is prayed to be taken as a part hereof. [page 8] [large x-out] that he has also an account against the estate of his testator for articles furnished & payment made ??? to the qualification of this defendant as Executor, amount of the sum of seven Hundred & Eight dollars 19/100 ($708.19) [end of x-out] That he has also on account again said estate, for article furnished. and payments on account of Mrs Margaret Kirkland after testators death and before her death, amounting to the sum of Two Thousand six hundred and seven dollars, thirty one cents ($2607.31) - she continued to keep house at the mansion of testator during her life, and this account arose in furnishing her with the supplies deemed necess- -ary and proper for her subsistence and comfort, and that of her family. This defendant is advised that as the whole estate is charged with her support, after payment of debts, by the will of testator, that this amount is unquestionably to be paid out of the same, And he alleges, that it is moreover equitable, that it should be so paid, as regards the plaintiffs, for each one of them, or some members of the family of each, of those, among them, having families, resided with the said widow during the period, when said supplies were furnished, and participated of the same. He further states, that by the term of the Trust deed, mentioned in Plaintiffs Bill, as having been executed by the aforesaid Alexander M. Kirkland, provision is made for the payment of a debt due, from him, to the firm of William Kirkland & Sons, amount to six Hundred & Fifty dollars ($650.) and interest, and that he is thus entitled to change this amount against his legacy aforesaid Further answering this defendant saith, that he had at sundry times advanced to the different legatees, in part payment of their said legacies the following sums of money Towit [page 9] + This defendant by advice of his counsel also appends a list of certain large debts due, some of them wholly and others in part from the estate of his testator which are outstanding and unpaid. It is hereunto attached marked C and prayed to be taken as part hereof. He believe there are other debts of less amount but these are particularized from their magnitude. [page 10] To Alexander M. Kirkland decd. ---- $1700. Martha De Graffenreidt --------- 900 Phebe McLester ---------------- 600 Mary Kirkland ------------------ 500 Susan Kirkland ----------------- 550 ______________ $4250 Add to this, the defendants accounts against said estate as aforesaid, and the disbursement on account thereof, viz ------------------------------------- 16724.93 2607.31 ["708.19" x-out] 4250. 650. and there will be the sum of ________________________ _______________ which this defendant has paid out or will be entitled to retain, from the effects of said estate exclusive of his claim to commission which he prays this court to allow, according to the course of the Court in similar cases. This defendant expects to be able to shew still further credits to which he is entitled on taking the accounts, under the order of this Court, to which he humbly submits whenever the Court shall so order & direct. This defendant admits the assignment mentioned in the Bill as having been made by Alexr. M. Kirkland and pray that the deed of assignment may be produced. He also admits that the said A. M. Kirkland has departed this life. And denying all fraud or improper conduct on his part, this defendant pray to be hence dismissed with his costs in this behalf. Will A. Graham sol for deft. Orange sct } John U. Kirkland maketh oath that all and singular the matter of fact, stated in the foregoing answer as of his own knowledge are true, and the rest he believes to be true. Sworn & subscribed before my John U Kirkland This 13th Jany 1844