Case of Jackson v. Garten, abstracted, 1843-1844 - Monroe Co. WV The following was abstracted from the case of: JACKSON v. GARTEN, et al Box 1, #4, Case #80 Order Book B-13 - Monroe County, West Va. 10 Oct. 1844 - 69th year of our Commonwealth. 10 of Jul., 1843, Benjamin Jackson, Joseph Jackson, Wilson Jackson, Clara Jackson, Jackson Jackson and Harriet Jackson, by their father and next friend, against Uriah Garten, Elijah Garten, Hugh Garten, Charles Calloway and Ella his wife, late Ella Garten, John Peters and Peggy, his wife, late Peggy Garten, Thomas Green and Sally, his wife, late Sally Garten, James Swinney and Jinny his wife, late Jinny Garten, Andrew Hinchman and Cianna his wife, late Cianna Garten, William Garten, Dickson Garten, Jesse Garten, James Garten and John H. Vawter and James A. Dunlap, Executors of Griffith Garten, deceased. Benjamin Jackson (alias Benjamin Garten), et al, state that Griffith Garten made his will on 27 Apr. 1835 at which time the orators were held in slavery and were emancipated after execution of the will. At some time not known to Orators, Griffith Garten made a codicil to the will devising to them a parcel of land in Monroe County on Indian Creek, to be held by Ben Jackson or to be sold and proceeds given to Orators to enable them to purchase land in the West. . . . Codicil could not be found. Decendants of Griffith Garten claimed proceeds. Orator believes that during the last illness of Griffith Garten, Elijah Garten took possession and control of the papers and had the Opportunity to destroy the codicil. . . . Order of publication against the absent Uriah & Elijah.Garten. Oct. 1843 Answers filed by Uriah and Elijah. Admit will and codicil,. State that codicil was revoked on .12 Aug. 1843 and destroyed by the old gentleman in the presence of Elijah.. The same day the respondent, Uriah.Carten arrived at the house and was requested by his father to draw his chair up to the bedside and was told that he had destroyed the codicil which.gave to his black people the land. That upon reflection he thought he was giving them too much. That he had given them their freedom and other property and it would be too much to give them the land too. He then requested a certificate be drawn up showing that he had revoked the codicil. He accordingly signed the certificate and requested Uriah to witness it, which he did. Defendants deny that they destroyed or suppressed the codicil. Defendants pray for dismissal. Acknowldgment. Exhibits A & B. Griffith Garten will and codicil, and Exhibit 1, revoking the 2nd codicil to secure to "my black people" a certain parcel of land and stated that he had destroyed the same. 10 Oct. 1844 Depositions filed. Questions by John C. Maddy, agent for Plaintiff Answers by Samuel Campbell Q. Were you at the house of Griffith Garten about a week before he died, and if so, state what conversation you had with him... A. I was at the house about that time. He told me that he had given the Gill place to Ben Jackson as a sort of home for him as he had been of more service to him than any two of his children and that he had borrowed 4 or 5 steers from him, the proceeds of which went to pay for the land and that he had given Ben Jackson the land for a home as he didn't want him knocked about in his old age and requested me to say nothing about it until after his death as some of his children might be disgusted at what he had done. Q. Were you at his home on the evening before he died and do you think he was sufficiently in his senses to do business? A. He was very low and appeared to be in great misery. He knew me as I stepped in, appeared then in his senses, but his eyes looked glaring as if he was struck with death and I don't think he was then capable of writing his name. Q. by Uriah Garten. Did not Ben Jackson get a considerable quantity of property at the time of his master's death and what was its value? A. He did get a good deal of property ... about 3 or 4 hundred $ or more and he gave him several blacksmith accounts to collect for himself. Q. by Uriah Garten. Do you think Ben Jackson had a good deal of influence over his master? ... that he tried to keep up a variance between him and his children? A. I think he had a good deal of influence over his master, and it was generally reported that he did try to keep him angry with his children, which report I believe was true, which was done I believe to enable him better to procure his freedom and property from his master. ELIZABETH CAMPBELL sworn and deposed and stated during questioning that she didn't think Mr. Garten appeared to he in his senses but he was able to get out of bed and walk alone. HENRY TAYLOR sworn and questioned by Maddy and Uriah Garten, stated that he was at the house of Griffith Garten the day,before he died and that Elijah Garten was handling some papers in the room where his father was with a little box in his hand and the paper was on the foot of the bed. No one else present but Elijah Garten and his father. Stated that he had been told by Ben Jackson that his master had taken some property from him to make up some losses which he had sustained by Ben's neglect. Ben Jackson told him that he was compelled to leave the state by the laws of the country and he could not attend to the land so he wanted to sell it. He understood that Ben Jackson got $100 for the land and it was worth $500. WM. C. HUTCHINSON sworn. Testified that Uriah Garten had told him there was a will giving the land to the negroes but that the old man had concluded that he had given them a sufficient portion without the land and that he had taken the will and tore it up himself and threw it under the forestick. JOHN PETERS, Jr. - Stated that he was in the barn on the place all day on Friday the day before Griffith Garten died. He was thrashing but was at the house only a few minutes. He did not see any will burnt on that day. MRS. JOHN BAKER - testified she was at the house on Thursday and Griffith Garten appeared in his senses but from the pain he was in she didn't think him capable of doing any business. GEORGE R. JOHNSON... Heard Griffith Garten say that he did not intend to give his negroes any land the spring before he died. JOHN H. VAWTER. - testified substantally that Elijah Garten told him that his father had torn up the will and directed Elijah Garten to throw them in the fire and burn them. (the pieces) According to his judgment the value of the whole estate did not amount to as much to each of the 12 heirs as the value of the negroes and their property did to each of the six negroes. MRS. MINNER - was at the house the evening before he died. He was in good senses but not capable of doing any business. She did not see any papers. JOHN BAKER - stated that Griffith Garten did not appear to be fully in his senses although he could say "water" and "up" when he wanted either. He did not think him capable of doing any business. Ben Jackson told him that Griffith Ga'rten intended him the land but Elijah Garten had taken it from him. 16 Mar. 1844 - More depositions taken. JAMES H. ALEXANDER - In the winter of 40-41 he witnessed a codicil giving the slaves a tract of land and if the slaves did not get permission to remain in the commonwealth it should be sold for their benefit. Griffith Garten requested him not to mention what disposition he had made of the land. BENJAMIN GREEN - Griffith Garten had told him that he had given his slaves a tract of land embracing the Gill tract. He had blazed some trees or corners and marked the same with keel. Griffith Garten had sold 5 steers belonging to Ben and as.he did not pay the man back he wanted to,make him safe by giving him the land. HENRY M. TAYLOR. * * * 19 Apr. 1844 PETER MINNER. He and his wife were at the house the night before Griffith Garten died. They rode up to the house and his wife inquired of Elijah.Garten who was in the yard, how his father was, and he answered that he was going very fast. That he had seen his sons up there that evening when he requested that they take him to the door, which they did. He sat down in the door, felt round about him and told them to take away the green leaves, although there was none there. He was not capable of doing business. 4 May 1844 JAMES VAWTER .... Witnessed a codicil giving the land to Ben Jackson. Did not know how many acres but understood that it was the Gill place. FRANCIS ELLISON, SR. - 4 or 5 years ago Griffith Garten stated that he had purchased a tract of land and Ben Jackson had put in a lot of steers to help pay for it. ISAAC WOODRAM. - Elijah Garten told him that his father tore up the codicil the day before he died at about 9 or 10 o'clock in the morning and gave it to Elijah Garten to burn. BENJAMIN B. NOBLE. - Stated that Elijah Garten told him that-Griffith Garten had burned the codicil. 27 Sep. 1844 ROBERT W. SANDERS. - Stated that Elijah Garten said he had not destroyed the codicil but that his father had done it. SARAH HUTCHINSON Same statement. SAMUEL CAMPBELL Griffith Garten was not able to do business late evening the day before he died. BENJAMIN LIVELY - Well acquainted with Griffith Garten for 40 years. No doubt but that Griffith Garten signed the codicil with his own hand. GEORGE W. PETERS. - Knew Griffith Garten 16 years. It was his handwriting, not Uriah Garten or Garten. JOHN VAWTER. Griffith Garten's handwriting. I knew his signature. 4 May 1844 JOHN ALDERSON - Monday before Griffith Garten's death he told him that he had some neighborhood settlement to make in Union with Plunkett Beine and had sent Elijah and seemed to be in his senses at that time. WM. H. JOHNSON - Ben Jackson told him that he had heard Elijah,Garten persuading Griffith Garten to destroy the papers giving him the land. 26 Aug. 1843 NATHANIEL GARTEN - Questioned by John Vawter Q. Have you had any conversation with your brother, Griffith Garten, as to his intention of giving his black people a portion of his land? A. About 3 years before the death of my brother, Griffith Garten, I visited him and asked him if he intended giving his blacks land. He stated that he did. Next visit I asked him again and he said "Nat, I do not know so well about it." I think he was in his proper mind. Q. by Ben Jackson. Did you ever hear him say that he would not. give me the land? A. Not positively. He stated he did not know so well about it. JOHN PETERS, SR. Worked at Griffith Garten's house 2 or 3 days before he died. He appeared to be himself. MARGARET B. PETERS. Saw him Friday before he died. He appeared to be in his senses. PETER MINNER. ... MORRIS MINNERS. ... GEORGE R. JOHNSON... LEONARD TURNER ... APPEAL DENIED BY THE JUDGES. WM. H. CABELL Jan. 31, 1845 (Submitter note: The above information was abstracted from the original file in the office of the Clerk of Court at Monroe County, West Virginia in 1982 by Jeanne Swinney Harrington, great great great grandaughter of Griffith Garten.) Submitted by Jeanne Fowler **************************************************************** USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. 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