Union County, NC - Funderburk vs. Elliott et al, 1860 ~~~~~~~~~~ (Note: In this case CELIAN WILLIAMS, the wife of E.J. FUNDERBURK, sues her step-father, JOHN ELLIOTT, and his securities for an accounting of his guardianship. The testimony is an interesting reflection of the times. Apparently upon the remarriage of a widow, children of a first marriage could be put out to work for room and board). CELIAN's mother was ELIZABETH OSBOURN (3/2/1808 - 11/24/1893). ELIZABETH OSBOURN first married BEDFORD WILLIAMS and secondly, JOHN ELLIOTT (b. ca. 1801). ELIZABETH OSBOURN ELLIOTT is buried in the Smyrna Cemetery in Union County. Tax and census records reveal there was also a younger brother, BEDFORD WILLIAMS under the ELLIOTTS' care. The document reproduced below is handwritten and typed here as written except for some added punctuation). 1859 The Case of E.J. Funderburk & Wife Vs. Britton Parker, John Elliott, W.S. Osbourn & E.W. Richardson N. Carolina to the use of This Suit having been referred to me by the Court to take an account & E.J. FUNDERBURK Report after notifying the parties This Suit having been referred to me Vs. by the Court to take an account & Report after notifying the parties to appear BRITTON PARKER before me in my office in the Courthouse JOHN ELLIOTT of Monroe on the 4th and 5th days of W.S. OSBOURN & Oct. 1860 and at several other different E.W. RICHARDSON times at the Courthouse aforesaid and when and where the parties are present with there testimony do herewith submit the following report. To wit: JAMES MARSH Judgt. 1st July 1853 $874.97 To wit Interest up to 1st May 300.00 1175.00 No. 1 - A. LITTLE Receipt with Int to 1st May 1858 $ 6.35 No. 2 - J.M. STEWART Receipt " " " 1.10 No. 3 - D. RUSHING Receipt " " " 1.67 No. 4 - D. RUSHING Receipt " " " 1.50 No. 5 - J. SIKES Receipt " " " 1.61 No. 6 - J. SIKES Receipt " " " 1.54 No. 7 - C. AUSTIN Receipt " " " 2.36 No. 8 - C. AUSTIN Receipt " " " 2.16 No. 9 - J. M. STEWART Receipt " " " .82 No. 10 - JOHN ELLIOTT Receipt $250 allowed 250.00 No. 11 - Commission on $260.11 disburs. 5% 13.45 Interest from 17th May 1858 to 14th Oct. 1858 892.44 22.31 914.75 No. 12 - E.J. FUNDERBURK Receipt dated 14th Oct. 1858 for 455.76_ Interest from 14th Oct. 1858 to 21st Feby 1859 11.98 No. 13 - E.J. FUNDERBURK Receipt dated 21st Feby 1859 200.00___ 270.97 Interest from 14th Oct. 1858 to 21 Feby. 1859 2.63 273.60 No. 14 - E.J. FUNDERBURK Receipt dated 18th April 1859 150.00 $123.60 The plaintiffs object to Vouchers No. 3, 10 & 11 upon which there is much testimony and upon the Testimony I have allowed for the Rent of the land to the satisfaction of voucher No. 11 in the other report. JOHN BRIGMAN being duly Sworn saith he has been at JOHN ELLIOTT'S a good deal and he saw CELIAN WILLIAMS at work aweaving and always at work and I don't know whether She was a Stout girl or not and heard that she had been sick or that they had the doctor with her only once and never knew of her working out in the field any more than picking out cotton Examined by Defendants when he further says that he has been about JOHN ELLIOTS a good deal and that CELIAN WILLIAMS decently clothed as much so as any poor girl nothing extery and says that he would a been willing to a taken her and raised her fer her work provided he would have the control of her and he says she was some 8 or 9 years old when she went to live at ELLIOTTS. ELIJAH PARKER is then Sworn & saith (sic) that he has been at JOHN ELLIOTT'S sometimes and found CELIA at work sometimes at the cow pen a milking the cows and as for her clothing it was just common and never heard of her being sick untill this suit was brought and always thought her to be a sound and healthy girl and as to schooling she went to the free school as to her learning he don't know how much as for her age he cannot tell once she was eight years old I would have been willing to a taken her and raised her until she married for her work --upon cross examination he says that JOHN ELLIOTT generally keep some other girl about his house since he has saw both at work in the house, but never never saw her in the field at work. JAMES M. NELSON is also interduced (sic) and after being duly sworn saith on oath that he has been about JOHN ELLIOTT'S some and saw CELIA WILLIAMS aworking about like any other girl would be -- acooking and such other things about the house and general found her in common clothing and knows nothing about her schooling and says that he thinks her work would have been worth raising her. And upon his cross examination he says he never knew her going to the field to work. The Defendants then introduced the following testimony in suport of the charges set out in the two vouchers No. 10 & 11. viz. One JAMES MATTOCK who after being duly sworn saith an oath that JOHN ELLIOTT had a girl of his hired to work and he heard JAMES MARSH, the former guardian, tell JOHN ELLIOTT that CELIA WILLIAMS must be schooled, and he had a notion of taking her away and it was not agreeable to her mother. She did not want her to leave and Marsh told JOHN ELLIOTT that he should be paid for keeping her out of her money and that ELLIOTT always had some person hired to help do the housework. Upon cross examination he says that ELLIOTT has hired some of my girls to work & wash and paid them out of the store and heard my daughter say she had a hard time for she had no help. JOSEPH BLAIR is then introduced who being being duly sworn says on oath the he went in the neighborhood of JOHN ELLIOTT'S in 1846 and came acquainted with CELIAN WILLIAMS in the fall on account of her sickness & occasionally being at Mr. ELLIOTT'S and have since been at Mr. ELLIOTT'S often time and saw CELIAN WILLIAMS treated like a lady never doing any thing unless told by her mother. MISS MATTOCK'S and her mother generally done the cooking and CECIAN & MR. ELLIOTT'S daughter set back with the Gentlemen and have seen her since she become grown come home from church a Riding on a horse & saddle and when she was small & young she was a weakly girl and have seen her and her mother both at cow pen, and was at the Camp Meeting with MR. ELLIOTT and sent a Negro woman to help do the cook and CELIAN WILLIAMS was there and did not see her any drugery put upon her to do. Cross- Examination by pltff. when he says he has known her to go to school some free school and some by subscription or pay school when she was a scholar and very well dressed at church and always clothed very well and that MRS. ELLIOTT is CELIAN'S mother. JOHN W. WALDEN is then interduced who after being sworn saith on oath that he has been acquainted with CELIAN WILLAMS from the time JOHN ELLIOTT married her mother and took charge of her & before. And that she was a puny weakly girl and she was clothed as well as any of the neighborhood girls and when she went to church she was as well dressed as any of the girls in the neighborhood. and never was put to any hard work. I have seen her help to wash some towards the last years and after Mr. ELLIOTT'S daughter married the most of the time. Some person was kept in the house to do the housework and I have been about there a good deal and heard her Mother say after her daughter married that CELIAN WILLIAMS was not able to do anything much and she did not know how they would get along and I think that they was a school every year and she always went to school with the rest of the ELLIOTT children and cannot recollect whether there was more than three or four pay schools in the time but always was a school of some sort and she has been taught to write a toluable good hand some better than the most of the females. Cross Examination By Pltff. when he said that CELIAN was a very weakly girl and has seen her down sick & the doctor with her and I have been about the house a great deal and it was never expected of her to do any hard work. Though I have seen her help to wash some carding & spinning and I think a weaving a little shortly before she left and saith that he could not keep her for her services. RUSSELL RODGERS is then interduced who after being duly sworn saith on oath that he has been acquainted with CELIAN WILLIAMS and in the former part of her raising was a pale, puny & weakly girl the forepart of her raising. She was always called unhealthy. She came to our church regular and was clothed as well as other girls of the neighbourhood and had a horn & saddle to ride to church and was treated about like JOHN ELLIOTT'S own daughter and after ELLIOTT'S daughter married I think she had a better chance and have been at Mr. ELLIOTT'S occasionly and she was passing about like other girls and I don't think she was able to do drudgery or hard work and I think that ELLIOTT had some hired. As to the schooling she is advanced in learning I (cannot say as to her milking or cooking in my passing I don't recollect of ever seeing her do either or working and cannot say she did not do any of them and from his knowledge of raising girls, particular puny ones, in the way CELIAN was treated is worth at least from Twenty Five to thirty Dollars a year, very Different from turning them out to cutting and gathering. I supposed she helped to do things about the house. JOSEPH BLAIR & JOHN W. WALDEN is both called back again and asked from their knowledge of the raising and treatment of CELIAN what it would be worth by the year and they say that from twenty five to thirty dollars would be a very moderate charge in this case. and ELLIOTT was further examined who saith on oath that CELIAN'S mother was not willing that she should be taken away and she remained at ELLIOTT'S and was sent to school and her usage and treatment was easy. CELIAN was not turned out she however did make some attempts to do so it always maid her sick and MR. ELLIOTT always had some person hired to do the work about the & CELIAN was sent to free schools and also to pay schools and was taught to spell, reade and write as to figures I don't know and those persons that was about MR. ELLIOTT'S house was hired and stayed as one of the family. Also I have seen help to spin, wash & scour a little but always or generally hired such things done. Continued by consent of parties for further Testimony: NEPSY GRIFFIN was interduced by the plaintiff to show that the vouchers No. 10 and No. 11 should not be allowed who after being duly sworn saith an oath that after she moved near to ELLIOTT'S CELIAN done work about the house like other girls but she thinks she was not able to do hard work. She helped wash & she knitted, spun, weaved some and washed some at my house with ELLIOTT'S daughter. I have seen her do other little things I don't think she was put out in the field for they always had plenty to do in the house. It seames to me she droped corn some little or sprouted picked cotton a little and CELIAN was about eight or nine years old when MR. ELLIOTT married her mother. CELIAN went to school some don't know how much. I would have taken her for what she would do but all children is not raised alike. I cannot tell wheather she earned her board or not if she was always kept at it like she was where I was then. CELIAN was just common clothed just like other poor girls and after I moved away I don't know what she had. She might have had something bought for her. I did not see and cannot tell how long since we moved away from there but it seams to me It is Something a year before CELIAN married. Cross examined by Deft. I would have raised clothed schooled her just for what she could have done in the house. ELIZABETH BRIGMAN being sworn saith on oath that in her passing she generally saw CELIAN at work spinning, washing, weaving, knitting & cooking. Like other girls generally has to picking out cotton some & bringing up water and was a study hand about the house when I was then Iwas not there a great deal and she went to school but I don't know how much. That BARBARA MATTOCKS told me that she lived there as one of the family and what JOHN bought her she picked out cotton for it and says she could of took CELIAN and had the control of her and keep her and give her something else beside her vittles & clothings. CELIAN was about eight or nine years of age when ELLIOTT married her Mother and she says that she could afford to give her a good bed and a cow & calf if she a worked always as she did when she was passing if she could have had the control of her. ISAAC A. ELLIOTT was then interduced by Def. who after being duly sworn sayeth on oath that he has been then at JOHN ELLIOTT'S and lives about two miles from ELLIOTT and has saw CELIAN working, spinning and doing work about the house but don't recollect that he ever saw her working out in the field. I don't know anything about the schooling, never went to school when she lives in a different school district She was mostly clothed not so fine as some not as badly as some. Did not live as near as some and don't know as much as some others and thinks that she earned her vittles & clothing and never heard of her being sick but was there and saw her sick once don't know of her being sick any other time. She was a weakly looking girl but as to her being sickly, I don't know. Wheather she was or not and part of the time ELLIOTT had some person there at work in the family DOC. JAMES W. DOSTER after being duly sworn saith on oath that he has been JOHN ELLIOTT'S family doctor for several years and that he has been called in on account of sickness of CELIAN WILLIAMS and she had the appearance of a ----- and feble constitution in growing up years and I have not seen her for some years of late and does not know anything of her health after she become grown and she did not appear to be stout and strong and generally there was some person employed to do the work about the house of ELLIOTT'S He would be willing to take any Girl ever so stout and ___ school cloth and pay the docter's bill for nothing or for their labors. Cross Examined by pltff. he says he don't know how often he was called in to see CELIAN WILLIAMS But he has been a great deal in the family and a great many of them was sick but he thinks the las time was on CELIAN'S account she seamed to be a weakly girl and after she become grownup I don't know anything about her. WILSON G. ELLIOTT is further examined and says he was present when JAMES MARSH former Guardian of CELIAN came to JOHN ELLIOTT to take CELIAN away and school her and her mother was not willing and he did not take her away. She still remained at ELLIOTT'S & was sent to school and was treated easy, was not turned out to the field however she did make some attempts to do so it always made her sick and ELLIOTT always had some person hired to do the work about the house. Testimony taken 25th Oct. 1862. JOHN BRIGMAN being duly sworn saith that he was acquainted with CELIAN WILLIAMS and that she lived in the family of JOHN ELLIOTT and that she was the owner of a tract of land and that JOHN ELLIOTT worked at the plantation for four years and there was about Twenty five acres of tendable land on it and that it was worth one dollar per acre per annum and that JOHN ELLIOTT since the Division of the WILLIAMS land used and made use of timber on CELIAN'S land such as rail timber board tees and building timber which was worth thirty dollars and that JOHN ELLIOTT worked some small patches one or two years there in the first four years containing about one and a half cure which is worth three dollars or one dollar and fifty cents per annum. Cross Examined By Defts. Witness says he don't know what JOHN ELLIOTT done with all the timber and that JOHN ELLIOTT give him the lye once that he was made at him at that time, but he says he is friendly with him and this time and says he don't know what fix the plantation was in when JOHN ELLIOTT commenced working on it and says the land is worth more now than it was laid off to CELIAN for the reason and has risen in value since and that he don't think that any of the rails made was put on the fence on his side of the Creek for the reason they was made of pine and the fence being of oak rails and the fence on the other side of the Creek he don't know much about and that JOHN GRIFFIN got shingle wood occasionally on the land and some firewood and that JOHN HOLLY used wood & perhaps others before the Division and I own the land now and let it out this year for clearing it up though it had been grown up about Twelve years and says if he had not enough of land to work he could clear such for what it would make for one year and he and JOHN ELLIOTT is friendly as far as he knows ..which says further the fence on his side of the Creek where the land lye when JOHN ELLIOTT quit the land was taken of and moved about and was just a common fence and the one on the other side of the Creek had been taken away and that it is some Twelve or thirteen years since JOHN ELLIOTT quit tending the land and that it is two or three years from the time HOLLY worked the land untill JOHN ELLIOTT worked it. ROBERT PHILLIPS then being sworn saith that he is acquainted with CELIAN and that she lived in the family of JOHN ELLIOTT & knows nothing about JOHN ELLIOTT working the land & cutting the timber. The Examination of Witnesses on 1st Sept. 1863. JOHN W. WALDEN being sworn saith as follows : he thinks in the Spring of 1847 the bottom spoken of was cleared up and I help to role the logs & brake it up and very bad to plow as the amount of acres I cannot tell myself but have always understood that there was Twenty acres and I don't think the half of it was cultivated by ELLIOTT. I think it was three years since it had been cultivated unless it was a strip around the creek and my opinion is now as it was then. I told him then that I would not take it and tend it for all it would make. There was some other patches tended by somebody but I don't know who it was then was another patch around about the house perhaps two acres I think ELLIOTT tended. Then the strip around the creek that I think would have made good corn was not so rough as the other, had not been laying out so long as the other part and don't know how many years ELLIOTT cultivated it and that the fence on the South Side of the Creek is about a half mile long and knows no more about the fence and in the year 1845 he believes about then BEDFORD WILLIAMS had Negroes on the land and they used timber on the place. JOHN HOLLY lived on the land. He don't know when there he used any timber or was taken of it or not but they did get a few logs on the day of raising on said land and that ELLIOTT cut some two trees on said land and made plates of them but I think he did not make any use of them then was wood taken from the place but don't know who done it. ELLIOTT built a new barn but got the timber from my land and I at this time have no recolection of seeing any one Trespassing on it more that what I have spoken of. Cross Examined by Pltff. Where does the land lye. It is bounded by W.S. OSBORNE, AMOS M. STACK, JOHN BRIGMAN. W. HILTON says he was through the plantation in the Summer following and there was a piece at the foot of the hill in cultivation the bottom was grown up with vines and a piece about the house was right good I think BEDFORD WILLIAMS put his negros on the HILTON land near by this land now and at that time all and the same tract the WILLIAMS land. I suppose and don't know how many years ELLIOTT cultivated this land and that the time he helped ELLIOTT in the bottom was after the Division and the corn was very poor except around the Creek. JAMES MATTOCK swore on oath that he things there is about 20 acres in the bottom but it was not all cultivated. He thinks not more than seven acres and the land was no count at first and that other patches had been good about the house and that he split four hundred rails and ELLIOTT put them on the fence on the South Side of the Creek and other hands was also making rails. This fence is about a half mile lone and that ELLIOTT fixed up the fence on the North side of the Creek. Witness further states that always worked as long as he stays a which was two days and he thinks the fence on the North side of the Creek was repaired with old rails looked like they had been made something like a year the balance was old rails and don't know where they came from and that it was during the time that ELLIOTT worked the land that the fence on the North side was repaired. The Pltff. then introduced LEONARD RUSHING being sworn saith that he cultivated this same land or some seven or eight acres the year 1862 which had been lying out several years and made a very good crop on it and was to have all he made out it for clearing it up and I think I made a good bargain. This is the bottom and a streak around the creek spoken of very good about and taking it all I think I had a very good bargain. He thinks he had some forty hills and one hundred and seventy yards long with the Creek and he heard JOHN BRIGMAN say that if JOHN ELLIOTT had a went into his house on the Knight they were hunting Deserters he would never got out alive. Testimony taken 15th October 1864 JOHN HOLLY being sworn saith that he has lived on the plantation of Ptff. & wife and when he left there was not much in cultivation. We sowed some of it and the bottoms was no account the fence was very bad the fence on the south side was from half to three quarters of a mile long and the fences on the north side was sorry but was such a long string and we cut timber whenever we wanted. I don't think the land was divided then where all lived on it and we worked land down at the SHEPHERD Place and says he would not work the bottom taking of the strip next the Creek for all he could make. Cross Examined Witness says that BEDFORD WILLIAMS put him upon the land and that the bottoms and the other patches fell to CELIAN WILLIAMS in the division and the fence spoken of was kept up by the WILLIAMS; and during the three years no repairing was done to the fence except 30 or 40 rail I put on it and some brush I put on it and that there is some eight or ten acres of the bottom and they had oats in it and did make much and the briars grown up amongst them so we could not cut them very well and some of it made very good truck and CELIA'S land lay nearest the house and we cut wood & timber at the most suitable places and further he saith not. JOHN PATE is sworn also who saith that he cultivated the land in 1863 and made very fair corn some 8 or 10 rows from the Creek and the Balance he would be against it is both crawfishy land and says that JOHN ELLIOTT and JOHN BRIGMAN is not friendly and has saw them meet at diferent time and not speake to each other during the year 1863 and has heard them talk about each other unfriendly and that he cultivated all the land that RUSHING cultivated and cleared up some more and made very good corn on it and says that JOHN W. WALDEN is a son-in-law of JOHN ELLIOTT and further he saith not. In the foregoing account I have after hearing all the Testimony on both side to allow Two hundred & fifty Dollars on the voucher No. 10 excepted to and I have allowed the other one No. 11 in the way of the rent of Land and therefore have not entered either in my report I have also regretted Voucher No. 3 as excepted And I have allowed compound Interest up to the 5th of March 1857 the time of the marriage of this plaintiff it appearing to be so from the marriage records in evidence before me and on file in the County Clerk's office there. Simple interest repts. the last Receipt I have allowed five per cent commissions on $269. 11 imbursements I have not allowed any commissions on the receipts then having been full commissions allowed a former Guardian heretofore after allowing vouchers and receipts as marked and numbered I find a Balance of one hundred & Twenty three 60/100 in favor of the Plaintiffs with Interest from 18th April 1819 up to 22nd April 1867. $59.26 when added together makes the sum of one hundred & eighty two 86/100 Dollars fer which the Defts. are liable as it appears. W.H. SIMPSON, Refer. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Carolyn Shank - carolynshank@msn.com ______________________________________________________________________