Orange County NcArchives Wills.....Minnis, James M February 1, 1854 ************************************************ 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 G, page 48-48 (second page number 48) Written: February 1, 1854 Recorded: May 1854 Testator: James M Minnis I James M. Minnis of the County of Orange and State of North Carolina being of sound mind and memory, but considering the uncertainty of my earthly existence, do make and declare this my last Will and Testament in manner and form following, That is to say: First That my Executor, hereinafter named, shall provide for my body, a decent burial & pay all funeral expenses, together with my just debts, out of the moneys that may first come into his hands as a part of my estate --- Item - It is my wish and desire That the Tract of land on Little River which belonged to my deceased wife return to her family, & be divided among her heirs at law --- Item - It is my will and desire that my executor shall as soon as convenient after due notice, proceed to sell at public sale to the highest bidder all of my property consisting of the Tract of land on which I reside on Cane Creek; and a tract of land of about Two hundred acres on Little Back Creek on which William Minnis lives; also my Negroes Burton, Fan, and Henry, and all, of my perishable property of every descrip= =tion, the land on a credit of Twelve months, and the negroes and other property on a credit [page 2] of nine months taking bonds with good security, bearing interest from date --- Item - I give and bequeath to my mother- -in-law Nancy Dunnegan and her children now living Nine hundred dollars, equally to be divided between them, share and share alike, to be paid by my executor so soon as the money arising from the sale of my property is collected --- Item - I give and bequeath to my Executor One Thousand Dollars upon the following Trust: That is to say, That he keep the said sum at interest, and pay said interest annually To my Father and Mother James and Lucy Minnis, so long as they or either of them live - At the death of the survivor said sum of One Thousand Dollars, to be disposed of as hereinafter directed -- Item - I give and bequeath all the residue of my estate of every kind, including the Thousand dollars mentioned in the foregoing clause, at the death of my parents, to my sisters Margaret, wife of Alfred Pickard Levina, wife of Henry Pickard, Rebecca, wife of Samuel Crawford, Emily, wife of John O'Daniel, and Julia Ann, Sarah Jane, and Thomas J. Minnis children of my brother John Minnis, to be equally divided between them; that is to say to each of my said [page 3] sisters one fifth of said estate, and to the three children of my brother John the remaining fifth -- And lastly, I do hereby constitute and appoint my friend William Smith my lawful Executor to all intents and purposes, to execute this last will and testament, according to the true intent and meaning of the same, hereby revoking all other wills and testaments by me heretofore made -- In witness whereof, I, the said James M. Minnis do hereunto set my hand and seal This 1st day of February A.D. 1854 -- Signed, sealed, published and } declared by the said James M. } James M. Minnis (seal) Minnis to be his last will and } testament, in presence of us, who } at his request & in his presence do } subscribe our names as witnesses } thereto } Geo Laws Jurat Ed. Strudwick [Will Book Volume G, page 48] I James M. Minnis of the County of Orange and State of North Carolina being of sound mind and memory but Considering the uncertainty of my earthly existence do make and declare this my last Will and Testament in manner and form following that is to say First That my Executor hereinafter named shall provide for my body a decent burial & pay all furneral[sic] expenses together with my Just debts out of the moneys that may first come into his hands as a part of my estate Item It is my wish and desire that the tract of land on Little River which belonged to my deceas =ed Wife Return to her family & be divided a mong her heirs at law Item It is my will and desire that my executor shall as soon as convenient after due notice proceed to sell at public sale to the highest bidder all of my property consisting of The Tract of land on which I reside on Cane Creek and a Tract of land of a bout Two Hundred acres on Little Back Creek on which William Minnis lives also my Negroes Burton Fan and Henry and all of my perishable property of every descrip tion the land on a credit of Twelve months and the negroes and other property on a credit of nine months taking bonds with good security bearing interest from date Item I Give and bequeath to my mother in law Nancy Dunnagan and her children now living Nine Hundred Dollars, eaqually to be divided between them share and share a like to be paid by my executor so soon as the money arising from the sale of my property is collected Item I Give and bequeath to my executor one Thousand Dollars upon the following [x-out] [Will Book Volume G, page 48 second page numbered thus] Trust that is to Say That he keep the said sum at interest and pay said interest annually to my Farther[sic] and mother James and Lucy Minnis so long as they or either of them live at the death of the survivor Said Sum of one Thousand Dollars to be disposed of as hereinafter directed Item I give and bequeathe all the residue of my estate of every kind including the Thousand dollars mentioned in the foregoing clause, at the death of my parents to my sisters Margaret wife of Alfred Pickard Levina wife of Henry Pickard Rebecca wife of Samuel Crawford Emily wife of John ODaniel and Julia Ann Sarah Jane and Thomas J Minnis Children of my Brother John Minnis to be eaqually divided between them that is to say to each of my said Sisters one fifth ["part" x-out] of said estate and to the Three Children of my Brother John the remaining fifth and lastly I do hereby constitute & appo =int my friend William Smith my lawful Executor to all intents and purposes to execute this last Will and testament according to the true intent and meaning of the same hereby revoking all other Wills and Testaments by me heretofore made In witness whereof I the said James M Minnis do hereunto set my hand and seal This 1st day of February AD 1854 Signed, sealed published and declared by the said James M Minnis James M Minnis (seal) to be his last will and Testament in presence of us who at his request & in his presence do subscribe our names as witnesses thereto Geo Laws E Strudwick Orange County Court May Term 1854 The Execution of the foregoing last Will & Testament of James M Minnis was duly proved in open Court by the oath of George Laws one of the subscribing witness es thereto and ordered to be recorded and thereupon William Smith the execution therein named appeared and qualified as such by taking the oath required by law Test Geo Laws CCC Additional Comments: Will Book Volume G, page 48-48 (second page number 48) Recorded May 1854 There is a second handwritten copy of the loose will, made 8 Mar 1856 and certified by Geo Laws, CCC. Estate Papers comprise 302 pages and are found in a folder labeled "Minnis, James (1854)". The receipts for tombstones specified that they were to be in placed at the cemetery at the Salem Meeting House in Alamance County. Currently these are found in the Minnis Family Cemetery, Bingham Township, Orange County, North Carolina. The inventory, taken 24 Mar 1854 simply lists 3 Negros, Man & Woman 1 Boy Testator died 24 Mar 1854 age 39 Years 2 months & 9 days Mary the wife of James M. Minnis died 25 Mar 1853 age 32 years 11 months & 29 days Infant Son of James M & Mary Minnis died 26 Feb 1853 Mary Ann Minnis the daughter of James M & Mary Minnis died 22 Jul 1852 age one years 11 months & 8 days Infant son of James & Mary Minnis died 11 Jul 1852 age 8 months 18 days Mildred Dunagan married Absolom Brown Judy Dunagan married William J. Gray Margaret Minnis, sister of the testator married Alfred Pickard Lavinia Minnis, sister of the testator married Henry Pickard Emily married John O'Daniel Rebecca married Samuel Crawford Julia Ann Minnis, daughter of John Minnis, brother of testator, married William A. Holt Sarah Jane , daughter of John Minnis, brother of testator, married Williamson R. Hughes James and Lucy Minnis are the parents of the testator There is a note "Old people died 1864 March 12", perhaps this refers to James and Lucy the testator's parents? For those interested in this lineage or more details about the slaves, researchers may find additional information in this collection. Note 1: "the old negro" in this case is referring to Burton [Estate Papers - Estate Sale 25 Apr 1854] A list of property sold belong to the Estate of James M. Minnis Dec Sold by William Smith Executor this 27th April 1854 [sundry articles omitted] Merit Cheek 1 Negro Girl Fan 975.00 W. S. Bradshaw 1 Man Burton 317.00 Michael Smith 1 boy Henry 619.00 [Estate Papers - tombstone receipt Mary Minnis (undated)] I have this day bought of A. A. & M. Kellog, One set of Italian Marble Grave stones: the Head stone to be 4 feete long and of proportionate width, The following Inscription to be Engraved thereon, to wit: Mary the wife of James M. Minnis Died March 25 1853 age 32 years 11 months & 29 days For which I agree to Pay $16.00 Dollars on Delivery at Salem Meeten haus Alamance County NC W. Smith [Estate Papers - tombstone receipt James M Minnis (undated)] I have this day bought of A. A. & M. Kellog, One set of Italian Marble Grave stones : the Head stone to be 4 feete long and of proportionate width, The following Inscription to be Engraved thereon, to wit: James M. Minnis Died 24 March 1854 age 39 Years 2 months & 9 days For which I agree to Pay $16.00 Dollars on Delivery at Salem Meeten haus Alamance County NC W. Smith [Estate Papers - tombstone receipt infant son James M Minnis (undated)] I have this day bought of A. A. & M. Kellog, One set of Italian Marble Grave stones: the Head stone to be 2 feete long and of proportionate width, The following Inscription to be Engraved thereon, to wit: Infiend[Infant] Son of James M & Mary Minnis Died 26 February 1853 it is well for the Child For which I agree to Pay $7.00 Dollars on Delivery at Salem Meeten haus Alamance County NC W. Smith [Estate Papers - tombstone receipt Mary Ann Minnis (undated)] I have this day bought of A. A. & M. Kellog, One set of Italian Marble Grave stones: the Head stone to be 2 1/2 feete long and of proportionate width, The following Inscription to be Engraved thereon, to wit: Mary Ann, [x-out] the dotter of James M & Mary Minnis Died 22 July 1852 age one years 11 months & 8 days For which I agree to Pay $8.00 Dollars on Delivery at Salem Meeten haus Alamance County NC W. Smith [Estate Papers - tombstone receipt infant son James M Minnis (undated)] I have this day bought of A. A. & M. Kellog, One set of Italian Marble Grave stones: the Head stone to be 2 feete long and of proportionate width, The following Inscription to be Engraved thereon, to wit: The Son of James & Mary Minnis Died 11th day of July 1852 age 8 months 18 days For which I agree to Pay $7.00 Dollars on Delivery at Salem Meeten haus Alamance County NC W. Smith [Estate Papers - Deposition beginning 9 Oct 1856] Charles L Dunnagan & others vs William Smith Exr of James M Minnis decease in orange County Court having been referred to me I caused the parties to meet in my office on the 9th day of October 1856 when the following evidences was taken on behalf of the Plantifes[sic] Many Andrews being first duly sworn deposeth as follows Question by the plantiffs was you present on the 27th April 1854 at the sale of negro woman Fann the property of James M Minnis decd. Answer I was Question by the same did you hear William Smith the executor warrant the woman to be sound Answer I did not Question by the same did you hear any other person warrant the woman to be sound Answer I did. James Turner the crier put the woman up for sale and warranted her to be sound and healthy & an excellent hand in the field Question by the same was William Smith the extr Present when the woman was put up for Sale Answer I can not say that he was but I saw him present several time during the time of the crying of the negro [page 2] 2 Question by the same From the position you saw Smith standing at the times you saw him present could he have heard the declaration of the crier Answer he could Witness cross examined by defendant Question by deft State if you head William Smith say any thing about the soundness of the negro and if so what did he say Answer I did not hear him say any thing about the negro in any way Question by the same did you hear Smiths instruction to the crier when the negro was put up for sale Answer I did not Question by the same What other of the parties to this suit were present at the time of the sale of the negro beside Smith Answer I saw Henry Pickard & Saml Crawford present Question by the same did you hear any of them say anything about the soundness of the woman Fann at that time) objected to by Plffs Answer I did not hear any person say any thing except the crier Question by the same have you heard any of the petitioners [page 3] 3 from the time of said Sale up to the filing of this petition say any thing about the soundness of the negro Fann or of her soundness having been Warranted on the day of Sale and if so what did they say } objected to by Plffs Answer I have not Further this deponent sayeth not Manly Andrews Peyton Cate being duly sworn Question by the plantiffs[sic] Were you present at the sale of negro woman Fann by William Smith ?? on the 27th of April 1854 Answer I was State if you heard William Smith warrant the soundness of negro woman Fann Answer I did not Question by the same Will you pleas[e] state whether you heard at the sale when the negro was in the Block any Questions put to the crier whether or not the slave Fann was warranted sound and whether you heard any conversation between William Smith & the crier immediately after that and if so what was it Answer I heard some of the bystanders ask the crier if he was going to warrant her sound the crier turned to Smith and asked him if he was going to put her up as a sound negro or not Smith replied yes put her up [page 4] 4 Question by Defendant who else was present at the time of this conversation between Smith and the crier beside yourself Answer There was several present I recollect Alfred Pickard Samuel Crawford & Merritt Cheek was present Question by the same Are Alfred Pickard & Samuel Crawford mentioned by you two of the petitioners Answer They are Question by the same did they or either of them make any objection or any remark upon the subject at the time and if so what did they say objected to by Plffs Answer I did not hear either of them say anything Further this deponent sayeth not Payton Cate Merritt Cheek being duly sworn Question by Plffs My Cheek was you present at the time of the sale of the negro woman Fann deposed to by the other witnesses Answer I was and purchased her at said sale. Question by the same did you hear the slave Fann Warranted by William Smith or his agent on that occasion and if so how [page 5] 5 Answer I did not heare Smith say anything about the warranting her by the crier did the crier put her up and remarked that she was sound & healthy and that he warranted her to be so Question by the same Was William Smith present at that or any other time that the crier warranted said slave Fann Answer I do not recollect that he was present at that time but I saw him after the last bid was made for the negro Question by the same do you recollect anything about the bystanders asking any Question about the soundness of the negro as deposed to by Peyton Cate Answer I do not Question by the same do you recollect of hearing the crier ask Smith if he must warrant the negro as being Sound Answer I did not Question by the same did you after wards bring suit against William Smith in Orange Superior Court on a warrantee of said slave and recover damages therein and if so what amount did you recover objected to by deft [page 6] 6 Answer I did and recovered $100 Question by the same did the negro woman Fann turn out to be unsound at the time of the sale Answer I purchased her on the 27th day of April 1854 and on the 24th of May following she had fitts and she has had the same kind of fitts at time on & off ever since Question by the same did you ever hear William Smith say the Negro woman had fitts before the sale Answer I did not Question by the same was the said negro woman Fann unsound on the 24th of May 1854 Answer I considered her so Question by the same was that the unsoundness for which you brought suit against William Smith Answer It was Question by the defendant How much did you give at the sale for the negro woman Fann Answer I give $975 Question by the same have you been offered the same or more since the sale for her and if so by whom objected to by plffs [page 7] 7 Answer James Pickard came to me on the evening of the sale and asked me if I would take what I gave for the negro I told him I would not that I did not buy her to sell and expected to keep her Question by the same did you not apply to William Smith to give you a Bill of Sale for said Slave warranting her soundness and did he not always refuse upon the ground that he sold as executor and did not and would not warrant the soundness of the woman ( objected to by plffs Answer Some time after the sale I presented A Bill of Sale to William Smith which he refused to sign because it contained a warrantee of soundness and afterword sent through my Brother William Cheek a Bill of Sale with a clause of warrantee of soundness therein to William Smith which Bill of Sale was returned to me unsigned Question by the same what did you consider the value of said negro Fann when you issue your write against William Smith } objected to by plffs Answer At that time I did not consider here to be worth ["more than" xout] half what I give for her Further this deponent sayeth not Merritt Cheek [page 8] 8 William Lloyd Question by the plantiffs Mr Lloyd was you present at the time of the sale made by William Smith as Executor of James M Minnis decd on the 27th April 1854 when a slave by the name of Fann was sold by said Smith Answer I was Question by the same did you hear the crier say anything about the soundness of said slave and if so what did he declare Answer He said that she was a sound healthy girl and that he warranted her to be so Question by the same At what time did he make this declaration Answer About the time he put up said slave for sale Question by the same was William Smith present at the time the crier made that declaration Answer I am not certain whether he was or not but my impression is that he was though I may be mistaken further this deponent sayeth not William Loyd Sr. [page 9] 9 Peyton Cate reexamined by plantiff Question by Plffs Mr Cate did you ever hear James M Minnis the defendants Testator in his life time say anything about the soundness of the slave Fann in Question (objected to by defendant) Answer On one occasion I went to James M Minnis's and asked him how all was he mentioned that they were all well except Fann I asked him what was the [problem] with her he replied that she had some more of them spells Further this deponent sayeth not [page 10] 10 November 1st 1856 Evidence Continues by Defendant James Turner sworn and deposes as follows Question by Defendant did you cry the sale for William Smith Executor of James M Minnis deceased When Fan The negro mentioned in this controversy was sold if so state the terms of sale as proclaimed by you upon which she was sold and whether you warranted said negro to be sound or not objected by plaintiff Answer I made proclamation in the morning when I commenced the sale and read the terms out publicly from an advertisement singned[sic] by the Executor upon the back of which I signed my name and hand it to Smith the Executor Question by same how long after you commenced the sale was it before Fan was sold Answer I was engaged in selling parishable[sic] property several hours before I sold the negroes Question by same State what proclamation you made when the negro waman[sic] Fan was sold and what you said as to her soundness Answer I stated that the negroes wald[would] be sold at the east end of the house and sold on the same Terms that the other property had been selling and it was nine month credit with Interest from the date bond with [page 11] good security and that ["Executor" x-out] Mr Smith the Executor did not warrant the title nor the soundness of said negro Fran only as Executor ["but that" x-out] ["the we all sound a far as he knew except" x-out] I told them that there was the negro in the ring and agreeable to ["his" x-out] my Judgment and to all appearance of the negro before them was as sound a negro as ["he" x-out] ever sold and ["he" x-out] I had sold a great many but that was only my Judgment Question by Plantiffs Mr Turner was you sober on that day and was there any spirits on the ground that day Answer I was sober on that day and there was liquor on the ground of which I took two drink before the sale of the negroes Question by the same did you not sell a good many articals[sic] before and after the sale of the negroes Answer I did Question by the same Mr Turner did you not say on the trial before the Court in the case of Cheek against Smith that you declared that you warranted the soundness of the negro Fan and there was her looks to show for it or words to that effect Answer I did not state any such thing I stated what I have stated to day and no more [page 12] 12 Question by Plantiffs did you think the negro woman Fan was worth as much as she bright Answer I think she was Question by the defendant have you been drinking to day Mr Turner Answer Yes I have take two or three drinks I do not remember how many Question by the same wile you were crying Fan was any Questions asked as to her soundness by any persons and if so did any of the legatees answer the Question and which of them objected Answer there was Questions asked by a gentleman by the name of May who asked me if I warranted that negro to be sound and healthy and Samuel Crawford answered that she was a sound negro Question by same What Answer did you make to the Question yourself Answer I observed to Mr May that Smith the Executor did not warrant the title nor soundness of the negro only as Executor Further this deponent sayeth not James Turner [page 13] 13 William Moore sworn Question by Defendant were your Present when the negro woman Fan was sold and if so state when and where she was brought out to James Turner and what passed between Turner and Smith at the time } object to by Plffs Answer I was Present the girl was bright ["out" erased] to the West side of the house between the house and the Kitchen Mr Turner asked Smith how the negroes was to be sold ["as the other property" x-out] and Smith said ["told" x-out] as the other property and told Turner that he had better gon as the east side of the house and sell the negroes and Turner started round there and Smith left Turner and went toward the Kitchen Question by same How many negroes were present at that time Answer I did not see any but Fann Question by same did you gon on to the east side of the house with Turner and heare what he said when he put Fan up for sale if so state what it was Answer I did he said that he was going to sell a fine likely looking girl though her looks did [page 14] 14 prove that and stated the term of the sale which was on a credit of nine months with interest from date with bond and good security Question by the same was Mr Smith present when Turner put up Fan for sale Answer he was not or if he was I did not see him Question by the same did you hear May ask the Question as to the soundness of the negro if so was Smith present at that time Answer I did hear the question asked and if Smith was there he did not answer the Question I looked about and did not see Smith I expected him to answer the Question Question by the same Will you state how long the negro had been crying when this Question was asked Answer I do not recollect Question by the same did you see Smith when he came back from the Kitchen to the place of sale and if so how long had the auction of the negro Fan been going on when he came there [page 15] 15 Answer I saw Smith when he first came there he was coming round the house from the direction of the Kitchen the sale had been going on some ten or fifteen minutes I think the negro was going at about nine hundred dollars when smith came up Question by the same was you standing where you could see and hear all that took place while the sale was going on Answer I was present all the time and heard all that took place but can not recollect all at this time Question by the same did you hear Turner warrant the negro to be sound or say anything upon that subject and if so what was it Answer I do not recollect any thing more than I have already stated Question by the same What did you hear any of the legatees say on the day of sale or while Cheek suit against Smith was pending as to the soundness of the negro or whether Turner had warranted her soundness object to by plantiffs [page 16] 16 Answer I did hear Samuel Crawford say that the negro was perfectly sound when May asked Turner the Question I also heard Alfred Pickard say that he thought that the negro was sound while the suit was going on Question by the same do you think you heard all that passed between Turner and Smith between the house and Kitchen at the time the negro waman Fan was brought out and have you state it all Answer I think I did and I have stated it as near as I can recollect Question by the same when Smith came to where the girl was selling as you have stated did he bring out with him an other negro for sale Answer If he did I did not see it Question by the Plantiffs do I understand you to say that when May asked the Question that you looked about perticullarly[sic] for Smith Answer It is reasonable to suppose that I did for he was upon my mind and I was expecting [page 17] 17 him to answer the Question if he was there Question by the same did Smith stop the sale of the negro at any time Answer I did at the time he came there Question by the same how many people were there at the sale of Fan Answer there was a good many Question by the same how fare[far] was it from the Kitchen to the place where Fan was sold Answer I suppose it was twenty yard he hadd to go round the house to get to the Kitchen Question by the same did you go there to buy Fran Answer I did not Question by the same do you mean to say that you heard and have repeated here to day everything that passed between Turner the crier and the by standers while the negro was selling Answer I think I have as well as I can recollect I should say that I do not recollect all for Turner said a great many thing[s] [page 18] 18 Question by the defendant do you think that you recollect and have stated all that he said about ["and" x-out] the soundness of the negro Answer I think I have Question by the Plantiff do you mean ["to say" x-out] by your last answer to refuse to what Turner said when Fan was first put up Answer I do not recollect any thing more than I stated then Question by the same do you mean to say that Turner could no have possiabbly[sic] made any declaration regarding the sound of Fan without your hearing him Answer I do not think he could Question by the same do you mean to said that you heard ever[y]thing he said whether you were attending or not to any such declaration Answer I could not help but hear["ing" x-out] for I was not more than Eight feet from him from the time the sale commenced til she was knocked off and I was attinding[sic] [page 19] 19 Question by Plantiff You have said that you did not heare[sic] everything that Turner said during the crying of Fan might he not have said something about warranting the soundness of Fan in some of his declaration that you did not heare Answer It does not seam to me that as close as I was that he could have said anything that I did not hear and my paying attention as I was for I was there for no other purpose but to attend to the sale of Fan Question by the same Cauld[sic] not Turner have said Many thing to any one standing Very near him in an ordinary tone of Voice and you not have heared[sic] or clearly understood such conver sation Answer he might if my attention had been called some other way Question by the Defendant did Turner cry that sale in an ordinary tone of Voice for a salesman loud enough to be heard by all that was present Answer Yes all that he said was said loud enough to be heard by all that was present [page 20] 20 Question by Plantiff do you mean by an ordinary tone of Voice for a salesman or crier such a tone of voice as Mr Turner or persons generally ["usual" x-out] employ in common conversation Answer A crier does not cry out property in a common tone of voice Question by the same The I understand you to say or mean that Mr Turner did not cry the sale in an ordinary tone of voice such as would be used in common conversation Answer Sometimes he cried in a higher tone of Voice and some times in a lower tone of voice Question by the same then you say that Turner used a high tone of voice a part of the time that he was crying Fan Answer Certainly he did Further the deponent sayeth not Wm Moore [page 21] 21 Jame[s Turner] called and reexamined by defendant do you Know what Smith went to the Kitchen for after he brought out Fan to you to be sold } objected to by Pltffs Answer Smith told me that he wanted to get the old negro[See Note 1] shaved and fixed up to look decent that the negro was a fraid that some speculator would get him and would not fix himself so as to look decent and went to the Kitchen for that purpose (Smith declarations objected to by Pltffs) James Turner John R Johnson sworn Question by Defendant You have heard the examination of the other witnesses pleas[e] to state all you know upon the points to which they have spoken Answer I was at the sale of Fan I do not think Smith was present when Fan was put up or at least I did not see him I saw him some five or ten minutes before the sale between the Kitchen and the house and I did [not] see him after wards until some interruption took place at the sale when I saw him come up from towards the Kitchen when he came up the negro was crying at some where between 800 or 1000 at which time [page 22] 22 Turner seemed to be about to knock her off when Smith said to him stop do not knock her off yet for you are not selling a cow or a horse but a valuable negro give the people time and I do not recollect any person asking any thing about the soundness of the negro I do not recollect that I heard any of legatees say anything as to the soundness of the negro I saw Samuel Crawford and Alfred Pickard at the sale and Henry Pickard and John O'Daniel were on the ground and I supposed that they was attending to the sale but I do not remember that I saw them I heared[sic] Samuel Crawford say before the sale in a conversation I had with him say that the girl was a sound negro. I have heared Alfred Pickard and Samuel Crawford both say that the negro was sound that they were both present at the sale and the negro was not warranted at all and that the virdict[sic] was obtained against William Smith by the evidence of witnesses that did not tell the truth and that they were influenced by other men these declarations was made while the suit was pending I do not think that Smith cauld[sic] have come from the Kitchen to where the sale was going own[sic] without my seeing him from the position I was standing for I was standing within a fu[few] feet of the crier all the time the sale was gaing on The declaration of Crawford & Pickard objected to by Plantiffs [page 23] 23 Question by the Defendant did Crawford and Pickard name the witnesses who had sworn falsely and if so who did they say there were {objected to by plffs} Answer I have heard Pickard say several times that Peyton Cates had sworn falsely and I have heard Crawford say that said Cates and Manley Andrews had sworn falsely Question by the Plantiffs When did this conversation between you and Pickard and Crawford happen how long after Virdict[sic] in the Case of Cheek against Smith Answer the first conversation between Crawford and myself took place the same night that the Verdict was rendered by the Jury on our Way home. And he told me ["in" x-out] what I have related in that Conversation and in several subsequent conversations ["he told me" x-out] for about Ten day after wards he repeated to me the same thing for he was in my imployment[sic] at that time and not many days after the Trial before the Court I heared Mr Pickard say what I have related Mr Crawford and and myself walked some ten miles together that night on our way home ["I am confident" x-out] I have not doubt about the last fact [page 24] 24 I was a near neighbour to James M Minnis deceased and Visited frequently during the last two year of his life during that tie I saw the negro woman ["Fan" x-out] After for she very often visited my negroes and I consid ered her a very healthy negro and I think she was worth as much as the brought at the sale I was summoned as a witness by Smith in the case of Cheek and Smith but was not examined Question by the Defendant who did Crawford and Pickard say influenced the witnesses who they said had sworn falsely in the conversations referred to &c Answer they both said that it was Richard Cheek further this deponent sayeth not John R Johnston[sic] Hugh Kirkpatrick sworn ["Question by the Defendant" x-out] I was present when Turner put up the negro woman Fann for sale.. Turner after stating the tirms[sic] of the sale told them that he was going to sell a likely negro woman though her appearance would prove that I do not remember that he said anything about warranting the soundness of the negro if he had warranted the soundness I think that it would have attracted my attention for I went there for the purpose of buying the negro and I stood within five [page 25] 25 or six feet of the crier all the time the sale was going on and think I heard all that was said for I paid as much attention to the sale as I ever did to any sale, I heared a man from Chatham who is called May after the negro had been up some short time enquire[sic] what sort of a title would be given Turner said that the Executor would make such title as was vested in him as Executor I do not remember that May made any inquire as to the soundness -- Fan was as sound healthy looking woman as I ever saw.. Henry Pickard one of the legatees before the sale told me that she was a sound negro I think William Smith was not present when Fan was put up for sale I saw him and Turner between the house and the Kitchen just before Fan was put up and Smith went off towards the Kitchen and Turnt brough[t] Fan round the eat end of the house and imm[ed]iately put her up, I saw Smith when he came up afterward round the house to where they was selling when Fan was Crying at between seven & eight Hundred dollars as I think and Turner seemed like knocking her off then Smith told him to hold on or something to that effect Turner spake in a loud tone and everything that he said might be heard from every part of the yard I am acquainted with all the legatees and they was all there except Thomas J Minnis I do not recollect wither[sic] he was there or not } Further this deponent sayeth not } Hugh Kirkpartrick [page 26] 26 William Crawford sworn I was present at time of the sale of Fan after making proclemation[sic] and stating the Terms of the sale Turner the crier proclaimed that he then offered a fine likely h[e]arty hale looking girl though her looks prove for her self after a bid or two had been made some person asked what kind of a title would be given Turner replied Just such a title the Executor was empo ered to make When Samuel Crawford remarked that the was no dispute about the title that the title was good that she never had been known to have a days sickness Turner did not warrant the soundness of the negro. I did not heare the first word said about the warrantee I full[feel] Very confident in the correctness of what I have here Stated I was within Ten or fifteen feet of the crier and paid particular attention and am satisfied that what I have said is right. The negro had gone up to about Eight hundred dallars when the crier came to a half - and at that time Smith came up to where the sale was going on at the time from round the house from the direction of the Kitchen and made way through the crowd to the crier and told him not to knock her off that he was not [page 27] 27 silling[selling] a hourse of a cow.. I am under the impression that I have heared all the legatees time and again say that the soundness of the negro was not warranted at the sale I am very certain that I have heared Samuel Crawford Alfred Pickard & John O'Daniel say so for I have talked more with them upon the subject than any other I know that these last named person[s] speared[spared] no pains in Hunting up witnesses having them summoned and otherwise aiding Smith in the suit of Cheek against him I have heard Samuel Crawford Alfred Pickard Henry Pickard & John O'Daniel all say that the Virdict was obtained against Smith by false swearing Cross Examine by plntiffs I am well acquainted with the negro woman Fan and saw her frequently I think she was a healthy and sound girl at the time of the sale I have no Idie [idea] that any warrantee took place at the time of the sale I did not attend the sale to buy negroes I was a witness in the case of Cheek & Smith and was examined } I am a Brother of Samuel Crawford and felt an interest in the sale and paid some attention to what was going on This latter on examination was by deft Further this deponent sayith[sic] not William Crawford [page 28] 28 14th November 1856 Examination cantinued[sic] by Plantiffs William Crawford called & sworn Question by the Plantiffs have you been examined in this cause heretofore if so by which party Answer I have been examined heretofore by the defendant Question by the same have you ever heared William Smith say anything cancerning[sic] the soundness of the negro waman[sic] Fann now in controversy and if so, where and how often abjected[sic] to by Deft Answer I have. I heared[sic] him say that he believed that she was a sound negro and was sound as fare[far] as he knew and according to the best of my recollection I think it was while the suit was going on between Cheek & Smith I have heared him make the same remark repeatedly Question by defendant In these conversations you speak of With William Smith did he ["or did he" x-out] not say that he never did warrant the soundness of the negro woman Fann Answer he did say that he never did warrant the soundness of the negro woman Fann [Estate Papers - Final Distribution Nov 1856] Charles L. Dunagan & others } County Court vs } Novr. Term 1856 William Smith Ex } This cause coming on to be heard upon excep- tions to the Clerk's Report filed at this time, it is by consent of the parties ordered, [x-out] and decreed by the Court, that the said Report be re- formed as to the allowance of com- missioners and that the defendant be allow 5 pr ct annum on his dis- bursement - two and half pr ct on his sales and 3 pr ct on his other receipts and that the said Report as ???? refor- med be confirmed and it is further ordered and decreed by the Court, by consent [large x-out] ...that the defendant do pay to ["the said" x-out] James and Lucy Minnis the interest on the sum of one thousand dollars from the 27th of April 1854 and the interest that may here after accrue on said sum annually so long as either of them shall live : it is further ordered and decreed, by consent, that the defen- dant do pay the legacy of $900 bequeathed to Nancy Dunegan and her children, to such persons as my be now entitled, with interest thereon from the 27th of April 1855 subject to their part (to-wit 11/16) of the costs of this suit; it is farther ordered and decreed that the defendant divide the residue into five equal parts and pay the same with the interest of the 27th April 1855 as follows to-wit to Samuel Crawford, one fifth [page 2] part it being the sum of $554.79 - to Alfred Pickard one-fifth it being the same, to Henry Pickard one-fifth it being the same, to John O'Daniel one fifth it being the same and to Williamson R Hughes in right of his wife William A. Holt in right of his wife and to Thomas J. Minnis on fifth to with $554.79 to be equally divided between them it making when divi- ded $184.93 to each; it is further ordered and decreed that in settlement with the said legatees, the defendant shall be allowed interest on any payment he may have made to any of them from the time of such payments and also to set-off any of their ["individual" x-out] notes that he may hold; and that at the death of the said James and Lucy Minnis the defendant divide the said legacy of one thousand dollars into five shares, and that hi[he] pay one of said shares to said Samuel Crawford or such person as shall at that time legally represent him, one other to Alfred Pickard under the same conditions, one other to Henry Pickard under the same conditions one other to John O'Daniel under the same conditions and the other share to the sai Williamson R Hugh, Wil- liam A. Holt and Thomas J Minnis or such persons as may legally repre- sent them or any of them - it is further ordered by the court that the costs of this petition including twenty dollars [page 3] to the Clerk for his Report be paid by the defendant out of the assets ["of" x-out] in his hands - each one of the legatees entitled to the legacy of $900 bequeathed to Nancy Dunagan and her children paying on- sixteenth, Alfred Pickard, Henry Pickard, Samuel Crawford and John O'Daniel one-sixteenth each and the said W. R Hughes, Wm. A. Holt and Thomas J Minnis one-sixteenth between them ---