Wayne County, NC - Grant vs Hollowell ~~~~~~~~~~~~~~~~~~~~~~~~~~~ HINTON GRANT vs THOMAS T. HOLLOWELL - #9434 Wayne County – Case appears to have started in Wayne County in 1857 as a Court Equity Case The Bill of Complaint of Hinton James Grant an infant by his next friend, James S. Lane Vs Thomas T. Heollowell, Administrator of Benjamin William Grant, Simon Newsome Administrator of Benjamin Best Sr., Caty Grant, Robert Ham & wife Louisa, Thomas J. Vinson & wife Eliza, John Grant, Catharine Grant, Council Best Sr., Robert Best, Lemuel Best, Henry Best, Simon Newsome & wife Patience, Nancy Wooten wife (wife marked through), Elizabeth Newsome wife (wife marked through), Philip Howell & wife Winny, Andrew Scott & wife Dicey, Joseph Smith & wife Patience, William A. Thompson & wife Sally, Lemon Lynch & wife Azubah, Haywood Ham Jr., Benjamin B. Ham, Henry B. Ham, Hiram J. Ham, Kenton J. Best, Thomas Phillips & wife Mary, Nathan Boyte & wife Narcissus, Benjamin Best, Jr., Leurenia Best, Theophilus W. Best, Council Best, Jr., Nicholas W. Best, Richard W. Best, Waitman T. Best, Nancy J. Best, Robert Howell & wife Winny, William Deans, Sally Deans, James Winborne & wife Sally, Smithy Best, Elizabeth Hearn & Robert Hearne To the Honorable Judge of the Court of Equity for Wayne County, Humbly complaining sheweth unto your Honor, your orator, Hinton James Grant of the County of Wayne, an infant, owing by his next friend, James S. Lane: That your orator and Benjamin Williams Grant, the intestate of the defendant Thomas T. Hollowell, and the defendants, Louisa wife of the defendant, Robert Ham, Eliza wife of the defendant, Thomas J. Vinson, John Grant & Catherine Grant are the illegitimate children of one Benjamin Best, Sr. the intestate of the defendant, Simon Newsome, by the defendant, Caty Grant, their Mother. That the said Benjamin Best. Sr., desiring to give in fee simple, with right of survivorship in case one should die under twenty one years of age or without issue, a valuable tract of land situated in this County, hereinafter particularly described & five slaves, to your orator and the said Benjamin William Grant, who were both infants of tender years, requested one William K. Lane to draft a deed of gift conveying to the said Benjamin William Grant & your orator the said tract of land in fee simple & the said slaves should rest in the survivor and his heirs ---- -- on 12 September 1846 said Lane drafted the deed and it was executed and delivered with the wits as said Lane and one Council Wooten – deed registered as required by law and a copy is attached ------ the said Lane, through ignorance or mistake, omitted the words of inheritance as to the real estate and words of survivorship in both the real and personal estate whereby the intention of the said Benjamin Best will be defeated unless this Honorable Court interpose its power for the correction of the said mistakes The said Benjamin Best Sr. died intestate in the year 1851, and the defendant Simon Newsome, is his administrator & the said Benjamin Williams Grant died intestate in the month of March 1857, and the defendant, Thomas T. Hollowell, is his administrator – the omissions were not discovered till after the death of the latter – he was under age and never married and left as his heirs – Louisa wife of Robert Ham, Eliza wife of Thomas J. Vinson, John Grant and Catherine Grant who are his brothers & sisters and together with the defendant, Caty Grant are the next of kin The said Benjamin Best Sr. left as his heirs at law his children, the defendants, Council Best, Sr., Robert Best, Lemuel Best, Henry Best, Patience wife of Simon Newsome, Nancy Wooten a widow, Elizabeth Newsome, a widow, and Theophilus Best, the last having died intestate in the month of August 1857 leaving as his heirs at law his children the defendants Kenton J. Best, Mary wife of Thomas Phillips, Narcissus wife of Nathan Boyte, Benjamin Best, Jr., Leusenia Best, Theophilus W. Best, Council Best. Jr., Nicholas W. Best, Richard W. Best, Waitman? Best & Nancy J. Best. Said Benjamin Best, Sr. also had a daughter, Sarah, who intermarried with one Haywood Ham Sr., many years since and died before the said Benjamin Best, Sr. leaving children who are the defendants Winney, wife of Philip Howell, Dicey wife of Anderson Scott, Patience wife of Joseph Smith, Sally wife of William A. Thompson, Azubah wife of Lemon Lynch, Haywood Ham, Jr., Benjamin B. Ham, Henry B. Ham & Hiram J. Ham And a daughter named Elizabeth who intermarried with one Thomas A. Deans and died before the said Benjamin Best, Sr. leaving children, the defendants, Winney wife of Robert Howell, William Deans & Sally Deans; NOTE: Elizabeth was the daughter of Sarah Best Ham and a son named William Ham, who died before the said Benjamin Best, leaving children, the defendants Elizabeth Ham & Robert Ham that the said Sarah Ham also had a son named Burwell Ham, who died intestate & without issue – that the said Sarah Ham had another daughter named Polly, who intermarried with another Benjamin Best & died before the said Benjamin Best Sr. leaving children the defendants, Smithy Best & Sally wife of James Winborne. The slaves are now six in number viz: Allen, Willie, Bryan, Celah & Abram, named in said deed and a child of the said Celah, born since its execution, whose name is not recollected. Shortly after the death of said Benjamin Best, a part of said tract of land, about 150 acres, was sold under execution on a judgement in Wayne County Court and was purchased by one Thomas Uzzell – the balance of said tract contains about 1200 acres lying on the SS of Bear Creek adj. lands of Council Best, Thomas Uzzell & others and is bounded as follows – beginning at the mouth of Paul's branch where it empties into Bear Creek, adj. Council Wooten, near the house (does not say whose house), down a line where the path goes into Whitehall Road, adj. C. Bests, Matthew Uzzell, Joshua Uzzell, Goose Pond, head of Walnut pocosin, John M. Uzzell, line of R. W. Harper & wife's deed to Benjamin Best, Thomas Uzzell's corner of the Benjamin Smith land below where said Smith formerly lived, south prong of the Mill branch It is in the interest of the said Benjamin Williams Grant to sell the said tract of land and a petition was filed through their guardians in the Court of Equity Spring Term 1854 and a decree of sale was made and the land was sold for $5,500 to Theophilus Best – the proceeds are in the hands of your Orator and the said Benjamin Williams Grant --- the said Theophilus Best sold & conveyed in fee simple one half of the said tract to the defendant Council Best Sr. and the other half to the defendant, Nicholas W. Best and then Council Best Sr. conveyed his half to the said Nicholas W. Best and the said Nichols W. Best has sold and conveyed the whole tract to the said Council Best Sr. who is now in possession of the said tract All the conveyances were made before the death of the said Benjamin William Grant and all parties were under the impression that the fee simple had been vested in the said Benjamin Williams and your orator – your orator is advised that as the deed stands now the feel simple of said lands is vested in the heirs of said Benjamin best, one half of said slaves by the death of said Benjamin William Grant go to his next of kin – UNLESS your honor interprets the power of the Court to supply the outside sions ??? in the said deed which your orator is advised this court will do to carry out the intention of the said Benjamin Best Sr. NOTE: on the side of the paper – Benjamin Best Sr. was a wealthy man possessed of many slaves and valuable estate and before his death he by deed provided for all his other illegitimate children and for his legitimate heirs – said Benjamin Best – next word unreadable – utterly destitute and provided for at the date of the instrument herein sought to be corrected – said Benjamin Best always affirmed the place of a parent towards your orator and he recognized his duty to them DEED - State of North Carolina, Wayne County - Know all men by those presents that I Benjamin Best of the County and State aforesaid for and in consideration of the natural love and affexion which I have for Benjamin Williams Grant & Hinton James Grant Sons of Caty Grant and for the further consideration of the Sum of One dollar to me in hand paid at and before the ensuing and delivery of these present that I have given granted bargained and sold and will by these present give grant bargin and sell to the said Benjamin Williams Grant and Hinton James Grant all the land I own on the South Side of Bear Creek containing about thirteen hundred acres also the following negroes Viz: Allen, Willie, Bryan, Celah, Abram, also all the stock of any kind on the said lands Reserving however my life estate in all the said property – on testimony whereof I have hereunto Set my hand and Seal this the 12th day of September, A.D. 1846 Benjamin (x) Best Signed, Sealed & Delivered in presence of the assigns made before signed Wm. K. Lane, C. Wooten A true copy from the Record in my office March 5th 1857 I. Klwern ??? Reg by Benj. Aycock ANSWER OF THOMAS T. HOLLOWELL, administrator of Benjamin Williams Grant - He admits the deed was drawn and it was to convey a fee simple estate in the land and an absolute property in the slaves but whether he directed survivorship he did not know – he has been informed such was not the fact and the allegation was not made until the death of Benjamin Williams Grant – he further stated part of the land was sold to pay the debts of the said Benjamin Best in his lifetime and not after his death – states the chain of ownership was as stated and mentioned the middle name of Washington for Nicholas Washington Best Wm. H. Washington was the Sol for the defendant - 1 Feb 1858 ANSWER OF WILLIAM K. LANE - 17 March 1860 - Benjamin Best sent for me and I went to his house on 12 Sept 1846 and at his request drew up four deeds for him, among them the one mentioned in this suit to Benjamin Williams Grant and Hinton James Grant and the said slaves. He said the deed was to say that if one of the children died under the age of 21 without children the whole of the said property should go to the other. The word "heirs" and the words of survivorship as to all the property was an omission of mine. The old man was of sound mind at the time of execution of the deed. The defects in the paper were not discovered until after the death of Benjamin Best. I was appointed guardian of Ben. W. and Hinton J. Grant after the death of the said Benj. Best and am still the guardian of Hinton Grant. I had before the execution of the said deed drawn a will for the said Benjamin Best in which the land mentioned in said deed was devised to the said Benj. W. and Hinton J. Grant and their heirs. I don't know what happened to the will. ANSWER OF COUNCIL WOOTEN - Was present when the deed was written and heard him tell Mr. Lane how he wanted the deed written ANSWER OF ROBERT HAM, THOMAS VINSON AND JOHN C. GRANT - Joint and separate answer – Spring Term 1860 – three of the defendants – they were aware that Benjamin Best Sr. did duly execute the deed referred to but were ignorant of the facts except as they had been informed by others – they believed the intention of said Best was to convey to said Benjamin Williams Grant and Hinton James Grant an absolute estate in fee simple as well as the slaves but they deny that said Best desired right of survivorship – after the death of Benjamin Williams Grant they stated that William K. Lane told them that the next of kin of the said intestate would be entitled to an equal share of said slaves but said Lane was not sure who was entitled to the said land – the defendants insist no mistake was made in the deed except that a fee simple and not a life estate in said land was intended and he intended the two grantees to own as tenants in common - 6 April 1860 Court found the land to be vested for Council Best Sr. by virtue of the several conveyances Abstracted by Martha Mewborn Marble ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Judy Ginn - possumnmahen@aol.com ______________________________________________________________________