| |
|
|
Home |
Estate File of
Matthias Turner, Sr.
Generously contributed by James D.
Martin
|
TABLE OF
CONTENTS
Significant
Events
.............................................................................................................................
iv
Introduction
.......................................................................................................................................
v
Will
of John Turner
..............................................................................................................................
1
Complaint
of Rebecca Turner in Spartanburgh Equity Court
................................................ 3
Refiled
Complaint of Rebecca in Pinckney Equity Court
.........................................................
7
Will
of Matthias Turner
.....................................................................................................................
13
Agreement
Between Matthias Turner and Wilson Nesbitt
.....................................................
15
Executor
Appointment for Matthias Turner's Estate
..............................................................
16
Publication
of Executor Citation
...................................................................................................
16
Appraisal
of Matthias Turner's Property
.....................................................................................
17
Response
of Wilson Nesbitt to Rebecca's Refiled Complaint
...............................................
19
Revised
Bill of Complaint
................................................................................................................
21
Plea
of John Campbell
.....................................................................................................................
28
Plea
from Richland District SC
......................................................................................................
29
Answer
of Wilson Nesbitt to Bill of Complaint
.......................................................................
31
|
|
SIGNIFICANT
EVENTS
Date
Event
9 May
1813 John
Turner's Last Will and Testament made
May
1813 John
Turner dies
5 Jul
1813 John
Turner's Will presented to Spartanburg District Ordinary
for probate.
20 Oct
1817 Rebecca
Turner owned five negroes
20 Oct
1817 Rebecca
Turner, age 73; allegedly agreed to transfer the five
negroes
to the care
of her son Matthias Turner
17
Nov
1817 Complaint
of Rebecca Turner and Joseph Price filed in
Equity
Court,
Spartanburgh District
Nov
1817 Matthias
Turner request Col Wilson Nesbitt to write a Bill of
Sale
for the five
negroes
2 May
1818 Rebecca
Turner files Complaint in Equity Court, Pinckney
District
27
May
1818 Matthias
Turner prepares his Last Will and Testament
27
May
1818 Agreement
between Matthias Turner and Col Wilson Nesbitt
made
27
May
1818 Wilson
Nesbitt purchased the five negroes from Matthias
Turner
Jun
1818 Matthias
Turner dies
6 Jul
1818 Executor
appointed for Matthias Turner's Will
18 Jul
1818 Publish
Matthias' Executor Appointment Citation
21 Aug
1818 Joseph
Price qualified as Executor of John Turner's
Estate
31
Aug
1818
Inventory and Appraisal of Matthias Turner's property
completed
About
1819
Wilson Nesbitt responds to the Bill of Complaint
9 Feb
1820 Judge James
issues decree setting aside the sale from Rebecca
to
Matthias
Turner [document missing]
1820-
1825
Bill of Complaint refiled in Equity Court, Spartanburgh
District
1834-
1835
Petition for Bill of Review in Equity Court [document
missing] Before
1836 Rebecca
Turner dies
About 1836
After Rebecca's death apparently the children of Matthias led by
William B. Turner, his eldest son and an Attorney,
continued to plead the case against Wilson Nesbitt. This
document was not included in those received from SC
Archives.
About
1841
Answers of Wilson Nesbitt to Bill of Complaint
Note: Rebecca Turner is
the wife of John Turner Matthias Turner is the son of John
and Rebecca
Joseph Price
is a Son-in-law of John and Rebecca Wilson Nesbitt is a business
associate of Matthias Turner
|
|
INTRODUCTION
1. ESTATE FILE
OF
MATTHIAS TURNER.
This is the Title given to
this study as it includes those documents from the South
Carolina Archives that make up the Estate File of
Matthias. However, as there is considerable interplay
with the death of Matthias' father, John Turner, I have
included John Turner's Last Will and Testament
herein.
2. DATING THE DOCUMENTS.
Several of the documents
from this file are not dated. After careful reading of the
document itself, I have used a date found internal in
the document or assigned an approximate date based on
the document content and the relationship to other
events.
3.
JOSHUA RICHARDS.
The name of
Joshua Richards as Executor is found in the Will of John
Turner. Joshua Richards was from North Carolina and a
Veteran of The Revolution. He was also Pastor of the
Goucher Creek Baptist Church located in the northeast
part of Spartanburgh District.
4. WILLIAM COLLINS.
This name appears on several of
the documents as Witness. William is believed to have
been the Sheriff of Spartanburgh District in the early
1800s.
5. ABNER BENSON.
This name also appears on several
of the documents as Witness. Abner Benson was one of the
largest landholders in Spartanburgh District during the
early 1800s. His holdings extended from the north side
of the North Tyger River eastwards to the Thickety
Mountain area.
6. DOCUMENT ARRANGEMENT.
The documents herein are
arranged in order according to their actual or estimated
dates.
7. CHILDREN
O F
JOHN TURNER.
These children are listed partly
in his Will and on Page 4, Lines 65 thru 74. They are
listed in the Family Group Sheet based on the order in
which they appear in the Complaint with approximate
dates of birth.
8. TRANSCRIPTION.
The original Complaint starting on
Page 3, and the Revised Bill of Complaint starting on
Page 21 are transcribed on a line for line basis;
precisely reflecting the same lines of the original
documents. The copies of the documents received from the
South Carolina Archives were produced from microfilm of
the originals. These copies were very dark at the edges
and in many cases, the words could not be read. The missing, or
unreadable words, are indicated by spaces between square
brackets. If anyone has a previously transcribed copy of
these or access to the originals, I would appreciate any
corrections or additions.
9. LINE 60
ON
PAGE 4 had
almost a complete line inserted between words. The font
size was reduced to maintain line numbering
integrity.
10. TERM
"BAN DRY".
This term is a contraction, or
short hand for the word "hus-bandry" meaning the care of
animals and stock. It is found on Page 21 Line 15 and
Page 22 Line 37. |
|
Last
Will and Testament
of
John
Turner
[9 May 1813]
State of South
Carolina
Spartanburgh
District
In
the name of God Amen. I John Turner of Spartanburgh
District & State
aforesaid being of sound and disposing mind and memory
but calling to mind the
uncertainty of my long continuing on this Earthly to be
parte being now an old man & desirous to
regulate and adjust my affairs while present, have
thought proper to
make this my last will and testament disposing of the
property at hath pleased God to bless me with in the
following manner.
Imprimis.
After paying all my just debts I lend unto my beloved
son Nathan Turner one Negro man named job and all my
smith tools during his natural life for his
portion and as I believe he is an insane person my
Executors shall have the charge of his property and see to
the taking care of him and after his death it is my will
what is left shall return to my
estate and equally divided among all my lawful heirs
share & share alike.
2nd
I lend
unto my beloved daughter Sally Turner one Negro woman
named Sarah and one feather bed & furniture for her
portion during her natural life & my executors shall
have the full charge of her property and see to the
taking care of her, and after her death it is my will what is left
return to my estate and be equally divide among all my
lawful heirs share & share alike.
3rd
All the rest of my property real and personal I Leave to
my beloved wife Rebekah Turner during her natural life
for her support and maintenance.
4th
It is my will and desire after the death of my beloved
wife Rebekah Turner all my estate to real and personal
be equally divided between & among all my children
or their lawful heirs share & share like.
5th
I here constitute and appoint Joseph Price and Joshua
Richards Executors of this my last will and testament
and invest them with full power to divide my estate as
aforesaid without any order of Comt. Ratifying
acknowledging & confirming the same this 9th
day of May 1813.
Att
Jesse
Turner Jon. Turner [Seal]
Rachel Price
Robert
Price
South
Carolina Spartanburgh
District
by William Lancaster Ordinary SD
Personally appeared before me Joshua
Richards who being duly sworn on the Holy evangelist of
Almighty God, doth make Oath and say that he saw John
Turner sign, seal, publish, pronounce and declare the
same to be and contain his last will and
testament
that he the said John Turner was then of sound &
disposing mind, memory, and understanding of the
deponents Knowledge & belief.
Joseph Camp esqr. being also sworn
say he could not prove the hand writing of the deed tho' had seen
his hand writing was often with him & never
discovered but what he was in his right mind. 17 Augt
1818. On the twenty first day of August 1818 Joseph
Price named Executor in said will came forward & was
qualified.
W.
Lancaster
O. S.
D. |
|
Complaint of
Rebecca Turner and Joseph Price
vs.
Matthias Turner and Wilson Nesbitt
[17 Nov
1817]
State of
South Carolina In Equity
Spartanburgh
District
To the
Honourable Judge of the Court of Equity of the said State
-
Humbly
complaining & here write your Honour your Oratrix Rebecca
Turner
and Orator
Joseph Price that John Turner (late husband of your Oratrix)
being of sound mind and memory did on the ninth day of
May one thousand eight
hundred
and thirteen duly make and execute his last Will and Testament and
shortly afterward died leaving the same unmarked did us
fully forge - And make and by the said Will did appoint
Joshua Richard and Joseph Price Executors
did
of - that the said Will is as presented to the Ordinary
of Spartanburgh District for Probate on the fifth day of
July 1813 and to [
]Will refusing to take the necessary
[ ] to plead
the same they be in [ ]expecting to get
their share of the Testators Estate sooner by not having
the said Will as they were the Children and heirs of the
said Testator and he by his Will having given the
property in which they were to have a part to his wife your Oratrix
during her natural life and at her death to be divided
between the said colegatees to the Will and others: On
which refusals of the said colegatees to the said Will
to [ ]
Administration of all and singular the goods and chattels
rights and orders of the said John Turner was granted to
his Widow your Oratrix and gave Wilson Nesbett
[ ] or security for the
[ I
dealings of his duty a copy of which being
exhibited and marked H - that all the personal Estate of
the said John Turner Decd was sold by order of the
Ordinary by your Oratrix the Administratrix and that
said Oratrix [ ] and
at the sale of the said Estate the following negroes,
Job Ruben, Sarah
John and Ephraim being the property of the said John
Turner at the time
of his death - Your Oratrix and Orator further shew unto
your Honours that on the seventeenth day of August 1818
the Will of the said John Turner was duly proven before
the Ordinary of Spartanburgh District and the
Administration of your Oratrix revoked and that your
Orator Joseph Price qualified as Executor
to
the said Will and that Joshua Richards the other
Executors refused to qualify that your Orator Joseph
Price obtained letters testamentary and took
[ ] the execution of
the said Will all which will be made fully appears by
[Exhibit ?]
hereunto filed and marked A. And your Orator and Oratrix
further shew unto your
Honours
that there was an appeal taken from the decision of the
said Order of in the proving of the said Will and the
administration aforesaid to the Court of Common Pleas
filed for the District of Spartanburgh which
said
Court of common pleas rescinded the said appeal hereby
confirming the decision of the Ordinary in the
establishing the said Will and revoking the
Administration aforesaid & your Orator and Oratrix
further shew unto your Honours that the said John Turner in and by
his said will did leave unto his son Matthias a negro man
named job during his natural life who was and Estate is
in said and give the [ ] and change of
his son and property to the said Testator Executor and
after the death of his son divide that which is left of his
Estate shall be trust to the Estate of the said Testator and be
equally divided among all his lawful heirs share and share
alike. And the said Testator by his said Will lends unto
his Daughter
Sarah
or Sally Turner among other things a negro woman named
Sarah for
his natural life and the Executor the same as a change
of that from and Estate of the said Sally and divide
that what is left after the death of his Daughter Sally
shall return to the Estate and be equally repaid amount
all his legal heirs share and share alike which said
negroes job and Sarah
[ ] of those sold by
the Administrators of the said John Turner Decd at
[ ]of his Estate before stated and
purchased by your Oratrix. And the part [cannot
read -
may
not be any writing
present; burnt out]
Testator
in and by his said Will leaves all the rest of his
property real and personal to his wife Rebecca Turner
your Oratrix during her natural life for her support and
maintenance and after her death divide all the said
property given to his wife to be equally divided between
and among all her children or other lawful heirs of age made share alike a
copy of which said Will is [ ] presented as
Exhibit B. Your Orator and Oratrix further tells
unto your Honours that Sally Turner the
daughter and legatee of the said Testator on or about
the day of one thousand eight hundred and died is
without being married and intestate since the death of
her Father the Testator. Your Orator and your Oratrix
further states unto your Honours that the Testator had in following
children (to wit), Samuel Turner who died before the
Testator leaving several children now alive. William
Turner who died before the Testator leaving several
children now alive. John Turner now living fall and he
is deceased, died since the death of the Testator
leaving a wife and several children. Molly Byars wife of Nathan
Byars now living. Unisa Price wife of Joseph Price your
Orator is living. Rachel Price wife of Robert Price who
has died since the testator leaving several children now
living. Henry Turner Deceased since the Testator leaving
several children now living. Matthias Turner is living.
Polly Turner now Polly Price entered marriage since the
death of the Testator to Russell Price & Sally Turner who
is died since the time of the Testator death unmarried. Your
Orator and Oratrix further shewers to your Honours that
John Turner the Testator at the time of death is not
indebted to any person neither has any debt been
rendered in against the Exo since his death which is now
about seven years. Your Orator and Oratrix further States
unto your Honours that your Oratrix says this Seventeenth day of
November in the year of our lord [ ] eight
hundred and seventeen possessed and at the time believed
to be her own
five
negroes (to wit) Job, Ruben, Sarah, John & Ephraim
being all the negroes she possessed and being the
negroes of John Turner Deceased at his death which
[
]
of
the value of two thousand five hundred dollars that your
Oratrix bring about security thru years of age and being
infirm and leaving last us some degree her memory and
being unable to attend to the said negroes in the
cultivation of her land did the same day and year aforesaid
agree to sell her son Matthias Turner who had
no
lands of his own to live on & that he should take
the care and management of the negroes aforesaid her
house and implements of her bandry and [
]and [ ] her land during your Oratrix
life take all the profits and enhancements arising from the
Custodian thereof with the negroes, horses and tools of
this bounty aforesaid provided he the said
[ ], would maintain support and
[ [ your Oratrix and find her the
courses necessary of life and feed and take
[ ] of her
[
] during her life which he agreed to do. That the said
Matthias was to give Bond and surety to your Oratrix for
the faithful performance of his agreement aforesaid and
your Oratrix was to give to the said Matthias instrument
of working containing the agreement [understand ?] that
your Oratrix being of want
[ ] and illiterate
can see this write was read writing neither can this
said Matthias but reposing great confidence in him her
said and believing that he
would not thought to deceive and defraud your Oratrix
consented he should find some person to do all this
writing conformable to make the agreement aforesaid that
on the same day and year aforesaid the said [allotur?]
presented to your Oratrix an with consent of writing which is not
read to his (in the hand writing of Wilson Nesbitt that the
said Matthias do said it was drawn according to this
agreement before made and your Oratrix believing what he
said to be true required the same which was
[ ]by the two
son of the said Matthias although Col Wilson Nesbitt was
there at the house though he does not recollect that he
was in the house when the said writing
[ ] [
1
that
your Oratrix and Orator have been informed and will be
[ ]
[this
line appears to have been "x"ed out by the
writer]
This
is the end of this Document as provided by the SC
Archives
|
|
Refiled
Complaint
Of
Rebecca Turner and Joseph Price
vs.
Matthias Turner and Wilson Nesbitt
[2 May 1818]
State of South
Carolina
In Equity
Pinckney
District
To the Honorable the Judges of the
Court of Equity of the said State.
Humbly Complaining show unto you now
your Oratrix Rebecca Turner that your oratrix on the twentieth
of October in the year of our Lord one
thousand
eight hundred and seventeen owned and possessed five
negroes to wit job Reubin Sarah, her child him the son,
and Ephraim being all the negroes She owned except an
old woman upwards of seventy years old, which were of
the value of three thousand
five hundred dollars, that your Oratrix being about
Seventy three years of age and very infirm and having
lost in some degree her memory and being
incapable
to attend to the said negroes in
the Cultivation of her lands did on the same day and
your aforesaid agree with her son Matthias Turner who
had no plantation of his own to reside on, that he should
take the care and management of the negroes aforesaid
her horses and implements of husbandry and works and
Cultivate her land during the Oratrix life and have all, the
benefits and entitlements arising from the cultivation thereof
with the negroes home and tools of husbandry aforesaid
provided he would maintain and support and do The your
Oratrix and find her answer necessary of life and feed
and take care of her Stock which he agrees to do that
the said Matthias was to give about to your Oratrix in
which he should bind himself to her keep and perform his
agreement aforesaid with your Oratrix and she was to give to said
Matthias an instrument containing the agreement in her past
that your Oratrix being ignorant and illiterate can
neither count or read writing neither could the said
Matthias but refusing great confidence in him and
believing he would not attempt to deceive and defraud your oratrix
consented he should procure some person to draw the
writing. After and in able to the agreement aforesaid that on
the same day and year aforesaid
the said Matthias presents to your oratrix an instrument
of writing which was not read to her but the said
Matthias declared that it was drew confirmable to the
agreement aforesaid and your oratrix believing what he
stated to be true signed the same which was witnessed by
the two sons of the said Matthias as alltho the person
who drew the said instrument was about the house tho she does not
know that he was in the house when the same was signed by
her, that your oratrix at the same time recover the
paper herewith filed and Marked B which the said
Matthias said contains the agreement on his part but was
not read to your oratrix as she recollects which from
the information she has received appear to be a bond signed by the
said Matthias and Wilson Nesbitt conditioned for clothing
and maintenance of your oratrix during her natural
life. That your oratrix believing
that every thing that had been done by her son was fair
& honest handed over to him the care and management
of the said five negroes horses implements of husbandry
and lands in pursuance of the agreement aforesaid that
shortly after the said Matthias had gotten the negroes
aforesaid into his possession your orators was informed
that the instrument of which she had signed to the said Matthias
supporting and believing it to contain her agreement with
the said Math this aforesaid was an absolute bill of
sale for the said five negroes from your oratrix to the
said Matthias expressing a consideration of Eighteen
hundred dollars to the great astonishment this
surprise of your oratrix the same having been recorded
She procured along which is herewith exhibited and
Marked A. Your oratrix further shews to your
Honours
that shortly after she discovered the deception and
fraud of said son Matthias she asked him if he had such
a bill of sale for the negroes he did and he had and
said the said negroes were his own and he intended to keep them,
that your oratrix then demanded the said bill of sale and
negroes from the said Matthias who refused to deliver
them to your oratrix Stating at the same time that your
oratrix had made another
agreement with him subsequent to the first agreement as
above set forth, which he did not pretend to deny by
which she had sold the said five negroes to him provided
he would maintain and support her during her natural
life but said nothing of her land horses and tools of
farming which he then had in his possession neither did he
pretend he had any claim to the use of them alltho he was then
still Cultivating the
land of your oratrix with her horses tools of husbandry
and the negroes aforesaid That your Oratrix denies ever
making any such agreement with the said Matthias as he stated as
aforesaid to her recollection but states to your Honours
that a few days before such agreement was said to have
been made by her with the said Matthias a son of hers by
the name of John, to whom she was very much attached,
had visited her who lived in the western
country and started home and from her age and
infirmities never expected to see him again in this life
by which she was much affected and disturbed and when
this disturbed her mind is much impaired and that if she
ever did consent to depart absolutely of her right to the said
negroes to the said Matthias upon the terms stated by him your
oratrix must have been deranged as she has no
recollection of the same and the said Matthias knowing
her situation and distress must have as She with a
sorrowful heart and tears believing fraudulently taken
advantage of his Mother information and weakening and
endeavored to save to himself the principal and Mort
valu all parts of her property which your oratrix
intends at her death should be divided between the said Matthias and
ten other children of your oratrix who was equally near
and dear to her that your oratrix is confident that they
never could have made such a contract when in her
further state as she was capable of proper though and
reflections she most solemnly declares in the presence
of that God who gave his existence & before who awful
tribunal she must soon appear that she never intended that the said
Matthias should have all the said negroes in the
exclusion of the rest of his brothers and sisters. That
she considered and still thinks that she was doing much
for the said Matthias when she provided him home the use
of her land negroes, home & working tools during her
life for the small pittance of her support and her little
stock. That if your oratrix had ever made such a contract with the
said Matthias he made not complain with the same & he
may not furnish anything for her support and maintenance
since he has gotten the said negroes into his possession
that the said Matthias still has the said negroes &
bill of sale in his possession and claim the said
negroes as his own under the same and refuses to deliver them
to your Oratrix when applied to for them and that your oratrix
has frequently applied to the said Matthias to deliver
her the said bill and to have an instrument 89 drawn
according to the agreement insisted on by your oratrix
or to deliver the said negroes to her. And your Oratrix
well before that the said Matthias would comply with
such her request as in justice and he ought to have done
But now as it is may & please your Honours that the said
Matthias Turner combining and confederating with divers
either persons at present unknown to your oratrix whose
names when discovered she prays may be herein inserted
with apt and proper bonds to charge them as party
thereto and construing how to injure and dispossess your
oratrix in the premises absolutely refusing to comply with such
reasonable request of your Oratrix on naming pretenses all
which actings and doings are contrary to Equity and good
conscience and tend to the Manifest wrong of your
oratrix in her premises. In consideration whereof and for
as much as your oratrix is remediated in the premises by
the [ ] of law and cannot
have adequate relief except in a Court of Equity where matters of
this kind are properly cognizable and believable To the end
therefore that the said Matthias Turner and his
confederates when discovered may upon their several and
respective knowledge remembered information and belief a
full true direct and perfect and you make to all and
singular the matter aforesaid and that as fully as if
the same were here repeated and they particularly interrogated
thereto and from especially that the said Matthias Turner can
be compelled to answer and set forth whether he did not
not make such agreement with your oratrix as he has
stated and insist is the true agreement and whether if
she did make such a second agreement with him the said
Matthias by which she needed the negroes absolutely [ ]
if she was not much disturbed and afflicted at the time at the late
departure of her son John if she is not
seventy three years old and very infirm and now old and
when distressed of from her age and infirmities she is
capable of making a Contract and is easily informed on
and whether he the said Matthias if she did make a
contract as allowed by him did not persuade her to make it by
taking advantage of her then situation and who as present when
the said Contract was made & who witnessed the bill
of sale from her to you and who drew it. And who else
was at the house the time of the bill of sale was
signed. Was it read it to her. Did you state to her it
Contract and what did you state was the [ ] can she
write and read writing - where was Coln Nesbitt when she
signed the bill of sale and where was he when you made
the Contract for the negroes and will he testify did he
hear her make it - did you not go or send for him to do
the writing between you and and why did he not witness
the bill of sale and where is the bill of sale and is the
exhibit Marked A, A true copy and is the bond Marked B a true copy
of the bond signed by you & Wilson Nesbitt to her and
have you not said you were willing to give up the
negroes if Col W. Nesbitt was willing that he any
interest in the negroes is there any agreement or
understanding between you and him that he shall have part of the
negroes is he any way interested in them. Has he not asked
you to deliver the negroes to him & bill of sale
also did you not receive and then to keep them has he
any other negroes might he [ ]
[ ] have you not got them in possession had she
not to other children at the time you get the bill of sale
had not her son John who lives in the western country
just been in to see his Mother who had a few days before
you get the bill of sale, started home and was she not
in great distress of news at his going away. Have you
furnished her with any thing towards the support of
herself and stock since you got possession of the
negroes. Have you not often heard her
say she intends to divide her property at her death
between her children had you any land of your own at the
time you get the bill of sale from her do you not live
on her land work her horse and make use of her tools
to cultivate the land. what do you give
her for the use of the land horses and tools. And that the said
bill of sale may be decreed to be allowed to your
oratrix or to be null and void & that the said five
negroes may be delivered to your oratrix and that the
said Matthias account to her for the use of them and
also that for the use of her land horses & tools of
husbandry and that your oratrix may have such other and further
relief in the promise as the nature of this case [ ] [ ] and
unto your Honours Shall
seem meet. May it please your Honour to grant unto your
oratrix the Writ of Subpena to be directed to the said
Matthias Turner thusly commanding him at a certain day
and under certain [ ] therein to be instructed formally
to be and
appear before your
Honour in this Honourable Court then and there to answer
the presents and to atend to and write such order and
decree therein or Your Honour shall seem agreeable to
Equity and good conscience and your oratrix will ever
pray.
J Girt Cornfity Solr
|
|
Last
Will and Testament of Matthias
Turner
[27 May 1818]
State of South Carolina
I Matthias
Turner of the district of Spartanburgh and State
aforesaid being low in health but of sound and
disposing mind memory and recollection do make this my
last will and testament in Manner and form following,
that is to say,
1st I will that so much
of my estate as will be sufficient to pay my just debts be sold
for that purpose.
2nd
After all
my debts are paid I will give devise and bequeath unto
my son William Turner the sum of Three hundred and fifty
dollars to have and to hold unto him and his
heirs, forever.
3rd I will devise and
bequeath unto my wife Molly Turner during her natural life or
widowhood the remainder of my estate both real and personal
and every other thing or things to me and my wife
belonging, to have and to hold during her natural life
or widowhood.
4th In case of the death
or marriage of my wife Molly I will devise and bequeath
all my estate herein willed to her be equally divided
among such of my children as may be
living at her death or marriage.
5th My
will and desire is that my wife shall support maintain
and educate my children out of the property herein
willed to her during her natural life or widowhood.
6th I make name constitute
and appoint my wife Molley Turner Executrix and Col
Wilson Nesbitt Executor of this my last will and testament
hereby revoking all former will or wills, testament or testaments
by me made In witnefs whereof I have hereunto set my hand and seal this
27h day of May 1818.
Matthias (x)
Turner
Signed sealed published and declared
by the said Matthias Turner to be his last will and testament
in our presence who in his presence and at his request
subscribed our names as witnesses thereto
A.
Benson
William
Collins
Thomas
Collins
Recorded
27h of May, 1818
W. Lancaster
O.S.D.
Personally appeared before me
Abner Benson esqr. & William Collins who being duly sworn
on the Holy Evangelist of Almighty doth make oath and
say that they saw Matthias Turner Sign, Seal, publish,
pronounce, and declare the same to be and contain his
last will & testament that he the said Matthias
Turner was then of sound & disposing mind, memory, and
understanding, to the best of the deponents Knowledged &
belief, & that they the said A. Benson & William
Collins did sign their names as witnesses thereto, at
the request of the testator, in his presence: at the
same time qualified Molly Turner
Exexutrix & Col. Wilson Nesbitt Executor
Given
under my hand this 3`d day of August
1818
H Lancaster Ord
Sptg. Dist |
|
Agreement
of
Matthias Turner and Wilson
Nesbitt
[27 May 1818]
State
of South Carolina
Spartanburgh District
Articles of an agreement made and entered into between
Matthias Turner, Senr. and
Col. Wilson Nesbitt in manners and
form following, that is to say;
The said Matthias Turner
having this day executed a Bill of Sale to the said
Wilson
Nesbitt for the following
Negroes, to wit, Joab a negroe man about thirty years of
age,
Sarah his wife about twenty
years of age, John their son about four years of age,
Ephraim about two years of
age & Reubin about twenty five years of age. For and
in
consideration of
which Negroes the said Wilson Nesbitt obligates himself
his heirs Executors Administrators and assigns to pay or
cause to be paid unto the said Matthias Turner his heirs
Adms Extors and assigns the sum of Two thousand five
hundred and fifty dollars to be paid by installments of
two hundred dollars annually without interest until the
said sum of Two thousand five hundred and fifty dollars shall be
discharged. Provided the said Wilson Nesbitt his heirs Exe
Adm & assigns shall loose the said Negroes or any of
them by law, then this obligation to be void to all
wants. Given under our hands and Seals this
27th day of May 1818.
Executed in presence
of
Matthias
Turner
(Seal)
William
Collins
Wilson
Nesbitt
(Seal)
|
|
Citation of Executor
Appointment
[6 Jul 1818]
South Carolina
Spartanburgh District
By
William Lancaster
Ordinary of Said District
Whereas Matthias Turner late of
said District dec. died leaving a will, with
Wilson Nesbitt asg. Executor for
the probate thereof - These are therefore to Cite the
Kindred &
legatees of
said dec. to appear before me on the
first Monday in August next, to show cause if any why
the will of said dec. should not be proven in Solemn form
& the Executor therein named quallify according to
Law.
Given
under my Hand & Seal this 6`h day of July
1818 and in the forty third year of
American
Independence.
W.
Lancaster
O.S.D.
Publication
of Citation
[18 Jul 1818]
The Within
Citation for Publication at my Muster Ground this day
its being made 18th July 1818.
W. Collins
Capt
|
|
Appraisal
[31 Aug 1818]
Appraisments of
the Estate of Matthias Turner Deceased
Wilson
Nesbitt
Executor
Molly
Turner
Executrix
1 Bed 1 Blanket 1 quilt 2
sheets
12 50 "
1 Bed 1 Counter
Pin
6 " "
1 Shaw Bed & Counter
pin
2 " "
1 Pine
Chest
1 "
1
Double Bolted Pad
Lock
" 50 "
1
Rack
1"
2
Cotton
Wheels
1 75 "
1
Flax Wheel
2 " "
1
pair fire dogs
2 " "
1 Smoothing iron &
stand
" 75 "
1 tin trumpet
" 25 "
2 pair cotton
chards
" 75 "
1 Sifter & Bread tray
" 75 "
2 pink Bowls
" 37 5
4 pewter Plates
1 50 "
1 pewter Bason
1 50 "
4 iron spoons
" 25 "
1 Knife & 5
forks
" 18 7
1 Belt & Buckle
" 31 3
1 Spelling Book
" 18 7
Shaving
Box & razor
" 31 3
1 Pocket Book
" 25 "
1 pair spectacles
" 37 5
1 pint & half pint tin Cafx
" 18 7
1 Loom Stay Complete & Shuttle
3 12 5
1 Salt
" 25 "
1 Plow Mould
" 50 "
1 Bay Mare
55
55 "
Carried to Bottom
next
page
95 50 2
One
Saddle Sade Blanket & Bridle
3 " "
One
[cannot read]
1 75 "
One
plow Stock Single thr
through
1 " "
One
di
di
di
di
di
1 " "
3 old
[unreadable]
2 " "
3 old plow
mould
" 62 5
1 12 gallon
Pot
2 " "
1 7 gallon
Pot & Hanger
2 12 5
1 Mill
oven
1 50 "
1 Small Pot &
Skillet
1 25 "
1 Marbing tub
" 50 "
One drawing
knife
" 25 "
One water
pale & Peggin
" 37 5
3 small vials
" 18 7
Cotton
1 25 "
Flax
&
Tow
1 " "
3
shoats
? " "
Waring
apparel
10 50 "
4
Kids
6 "
18
Fouls
1 87 5
9
quart
Bottle
" 25 "
1
[unreadable]
" 12 5
1
Level
" 50 "
1
yard spun
cotton
1 25 "
4
yards spun
flax
1 " "
One
Iron
wedge
" 37 5
Indigo
1 " "
One
[unreadable] niting
needle
" 60 3
Brought
from preceding
Page
95 56 2
141 31 2
[Scother
?] in
tax
6
147
31 2
One Cow Bell
&
Collar
" 75 "
4 Bushels
rye
3 "
"
151 06 2
State of
South Carolina
Spartanburgh
District
We
do hereby Certify that we have appraised all the
property Shewed unto us by Molly Turner Exex of the
Estate of Said Deceased - and that the above Contains a
true Statement of the Same Amounting to One hundred
& forty Seven dollars thirty one cents & two mills.
Given under our hand this 31st day of August 1818.
Bell & Rye to be added $3.75 of the
Grand.
A.
Benson
William
Collins
Briant
Bonner
[Note:
The first column is in Dollars, the second column in
Cents and the third column is in Mills]
|
|
Answer
of Wilson Nesbitt
to
Refiled Bill
of Complaint
[about 1819]
State of South
Carolina
Spartanburgh
District
In Equity
The
separate answer of Wilson Nesbit to the bill of
complaint of Joseph Price and 5
Rebecca
Turner.
The
Defendant in answering to in [March?] of complainants
bill as he is advised is material to be answered,
answering saith, that he as with the preliminary
statement made in the bill relative to the Bill of John
Turner [accrues?] and to the letters of administration granted
by the Ordinary to be correct and true as in that at the sale
made by order of the Ordinary Mrs Rebecca Turner
purchased the negroes mentioned in the bill. This
Defendant for further answer to the said Bill states
that some time in November 1817 the late Matthias Turner
deceased requested this Defendant to write a Bill of Sale for the
five negros stated in the Bill which he said he had
contracted for or purchased from his Mother Mrs R.
Turner the complainant That is completed with this
request he went to the house of Wm. B. Turner and wrote
a Bill of Sale of which complainants, Exhibit "D", is a
correct copy. The said Matthias Turner then informed this Defendant
that the consideration for which his Mother sold him
these negros, was an agreement on his part to Maintain
and support her during her life, and that she required
surety from him for the performance of his contract and
requested this Defendant to become his surety - This
Defendant then drew the Bond stated in the Bill and signed it
as a co-obligor - Before these instruments were put in the
hands of the parties, the Deft read them both aloud
& he asked twice to Mrs. Turner, and he is perfectly
satisfied she distinctly heard and fully understood
their purport meaning and object. He further avers that
at this time he had not the slightest suspicion of Mrs. Turner
sanity, or that it had even been questioned; if he had heard
or suspected any want of rationality her conversation
and manner would have removed every doubt. This
Defendant most confidently believes that Mrs Turner was
there sane, and that she perfectly understood
the nature and character of the contract she was then
Making. This Defendant in for this answer to
complainants Bill States, that on the twenty seventh of
May Eighteen hundred and Eighteen he purchased from
Matthias Turner the five negros already mentioned for the sum
of two thousand five hundred and fifty Dollars, and received
the Bill of sale herewith filed as an exhibit. He admits
that he did hear about the time he made the purchase
that Mrs Turner had filed a Bill against Matthias Turner
for the rescission of the Sale and the recovery of these
Negroes, on the ground of her insanity at
time of the contract. But as this Defendant was satisfied
that the pretext for rescinding the Sale was unfounded,
and believed the suit to have initiated chiefly from the
jealousy and advice of her two son-in-laws Joseph Price
and Nathan Byars, he was not deterred from Making the
purchase, he admits that his principal inducement to the
purchase, was to save a debt due him from the said Matthias Turner,
but states that he did not make the purchase until the
said Matthias Turner had offered to sale the said
Negroes to other buyers.
Matthias Turner was indebted to this
Defendant in the sum of about three hundred & fifty eight
Dollars and the widow and children of the said Matthias
have rescinded since
the death of the said Matthias the sum of about four
hundred dollars.
The reason this Defendant has not
paid the remainder of the purchase money to the representative of
Matthias Turner, is the litigant state in which the
property purchased, has been, and still
continues.
The
answer to the specific interrogatories in complainants
Bill, this Defendant says he believes that neither Mrs
Rebecca Turner or Martha could write or read writing.
The negro Sarah has had a child since Defendants
purchase - The terms of the contract between
this Defendant and Matthias Turner are fully set forth
in exhibit "B". Matthias
Turner owed this Defendant at the time he died the Bond
mentioned in the Bill the sum of about three hundred
& fifty eight dollars which together with some debt
afterwards contracts, they subsequently agreed to be
discounted - It did form a part of the said purchase
Defendant credit - He did not recollect whether he saw Mrs Turner
or Matthias Turner sign this naming or execute the
papers already mentioned. The Defendant denies the
charge of fraud combination & pray, that he may be
dismissed herewith his reasonable costs of
suit.
Warren N.
Davy
Defts At
|
|
Revised
Bill of Complaint
of Rebecca Turner
vs.
Wilson Nesbitt
[1820
- 1825]
State of South Carolina
Spartanburgh
District
In Equity
To the Honorable the Judge of the Court
[
] Wilson Nesbitt who wrote the agreement aforesaid said
he was a friend [ ] about to be executed but
debt he said out of does and said that bill and another the
[
I see it executed for fear of
ourselves from Joseph Price your Orator as he did not want to offend
heirs that your Oratrix at the same time necessary the
paper has [ I
filed and
marked which the said Mathias said containing the
agreement on his part but which was not read to your
Oratrix a she recollects that from the information she
has received appears to be a Bond required by the said Mathias and
Wilson Nesbitt and do travel from Colters Ford and
maintaining your Oratrix during her natural life that
your Oratrix believes that something that has been done
by her son is a fact and that horses delivered over to [
] and management of the five negroes, horses and
implements of his bandry and land information of the agreement
aforesaid that shortly after the said Mathias had gotten
the negroes aforesaid into his possession your Oratrix
is as informed that the inducement which she had signed
to the said Mathias supporting and believing it to
contain his agreement as before stated with the said
Mathias was an absolute bill of sale for the said five
negroes from your Oratrix to the said Mathias [expecting
?] & consideration of eighteen hundred dollars to the great
astonishment and surprise of your Oratrix the same having
been recorded she procured a copy which is herewith
filed and marked D . Your Orator and Oratrix further
Sale that the instruments of which exhibit D & are
copies and are in the hand writing of Wilson Nesbitt. -
Your Orator and Oratrix further States unto your Honours
that shortly after your Oratrix discovered the deceptive and
fraudulent that had been foisted on her in obtaining an absolute
bill of sale for the negroes aforesaid she asked the
said Mathias if he had such a bill of sale to declare he
had and said the negroes were his own and he intended to
keep them that your Oratrix then demanded the said bill
of sale and negroes from the said Mathias who refused to
deliver them and stated that your Oratrix had made
another agreement making him subsequent to the first agreement as
above set facts (which he did not pretend to
deny)
by which she had
sold the said five negroes to him provided he would maintain and
support her during her natural life that said nothing of her
land, house and farming tools which he then had in his
possession neither did he pretend that he had informed
to the use of them although he if there continued to
cultivate the land until
his
death is me the house, tools of his bandry and negroes
aforesaid that your Oratrix denies ever making any such
agreement will the said Mathias as stated by him to his
recollection but states to your Honours that a few days
before it is said
such
an agreement was made by her unto the said Mathias a son
of his by the name of John to whom she is as much
attached had [ ] her who lived in the Western country
and had then started home and from her age and
infirmities never expected to see him again in this life by
which she ever will be affected and disturbed her mind is much
disordered and her understanding and recollection much
impaired and that without, being dissatisfied she
believes from her age and infirmities that she is not
capable of making a contract and that if she did
contract to dispose absolutely of her right to said negroes
to the said Mathias afirm the terms stated by him
your
Oratrix must have been deranged in her mind and memory
since she injured by old age as she leaves recollection
of the same and the said Mathias himself his
situation and dislike must have by the aid of Col.
Wilson Nesbitt who does that writing fraudulently takes the
advantage of her retention and endearment to see to himself as
well as Col Wilson Nesbitt the [
]
and
most valuable part of her property which your Oratrix intended
at her death if the sale by her as Administrator was
valid and good should
[
]
the
said Mathias and two of her children of your Oratrix or
their children who are qualified as said estate that
your Oratrix is confident this was
[ ] wherein [
cannot read remainder of this line;
it is the bottom of the page]God
who [ cannot read remainder of this line; it
is the top of the page
1never
extended that the said Mathias should be
[ ] with said Negroes
[ ] excluded of the rest
of his brothers and Sisters this she
[ ] doing nothing for the
said Mathias who should have all the said negroes when
she promised him a house the use of her land, Negroes
horses and working tools during her natural life for the
small furtherance of her [
]
support and her little [ ] years.
Orator and Oratrix further states unto your Honours that
your Oratrix could then have made such an agreement
which in her right mind as the value of the said Negroes
each was [
]
three
times as much as he maintained during her natural life
as she was infirm and of Seventy three years of age and
a reading to her could of nature could not
[ ] long - Your Orator and
Oratrix further states that if your Oratrix even had
made such a contract unto the said Mathias he and his
Security Col Wilson Nesbitt have not even filed wills
this said or another of them has furnished anything for
her support since the alleged contract and that she has now to live
with one of her son in laws and can expect no support and
maintenance from the said Mathias as he is dead and his
Estate is without and was so before his death. Your
Orator and Oratrix further state that the said Mathias
Deceased got the said Negroes into his possession on the
seventeenth day of November 1817 and kept them in his
possession from upwards of a year and had the benefit of the
work and labour of them and shortly before his death as your
Orator and Oratrix are informed and believes sold or
[ ] to sale the said five negroes to Wilson
Nesbitt for the sum of $2,550 dollars of the same
negroes were not recovered from the said Wilson Nesbitt and if
the said Wilson Nesbitt should loose them then nothing and
that said Wilson Nesbitt purchased the said negroes into
his possession and now has them in his possession and
employment and has received the benefit arising from
their cook and labors for two years and aforesaid that
the said Wilson Nesbitt purchased the said negroes well
knowing or heard that custodian by which the said Mathias held
them was changed to the Spartanburgh by your Oratrix and that
she intended to see for them also knowing or heard that
John Turner had made a will by which he had given two of
the negroes to his son and daughter Nathan Turner and
Sally Turner and the rest of his property including
three of those Negroes to your Oratrix for life only and
after his death to be divided among the Testator children. - Your
Orator and Oratrix further state to your Honours that be a
Decree of the Ordinary of Spartanburgh District made the
ninth day of February 1820 there is due and owing from
your Oratrix as Administrator of John Turner Deceased to
each legatee there being
[ ] in
[ ] the sum of Two hundred
and thirty nine dollars, thirty four cents [ ]
with which your Oratrix will be unable to pay if the
Administration of the sale [ ] valid until she can recover the
negroes a copy of which [ ]
[
]
and
she asked - Your Orator and Oratrix further state this
they are induced to charge Col Wilson Nesbitt with being
[ ] and
[ ] to the fraud that has been foisted on
your Oratrix by the said Mathias
Turner
in obtaining the bill of sale aforesaid for the negroes
aforesaid for the following reasons that the said
Mathias Turner previous to the obtaining the said bill
of sale was indebted to the said Wilson Nesbitt and was
unable to pay him
[
] & not to aid him that the said Wilson Nesbitt
[ ] to the getting of the said bill of sale had
refused to
[ ] the
said Mathias Turner and had refused to let him have a
peck or half bushel as a bushel of salt as one did as
[
] small article but let the said Mathias Turner wife
heard in his [
]
and
at his request that the said Wilson Nesbitt the bill of
sale and was present and did not recollect and the same
was [ ] by
Mathias Turners two sons are of whoin could not will his
[ ]
[
]
that
the said Wilson Nesbitt bill of sale
[ ]
[
cannot read this line; it is
the top of the page ]
to
his Mother for her support and agreed the said [ ] with
the said [ ]
[
]
security as it is sufficient with a [ ] said
Mathias is as there indebted to him and he had refused
his [ ] that the said Wilson Nesbitt went
out of doors when the papers were about to be explained
for
fear of being present and that Joseph Price
[ ] And easily
that he has gotten the said negroes and claim them as
his own without having paid a cent to the said Mathias
Turner and that the [ ]
-tion if he did [ ]
them
of the said Mathias Turner whole apart that amount that
the said Mathias owed from the said Wilson Nesbitt. And
your Orator Joseph Price further state unto your Honours
that [ ] Will of the
said John Turner has been [regularly ?] present and admitted
to [ ] by the
Ordinary of Spartanburgh District and that decision
supported our on appeal to the Court of Common Pleas by
which the Will
[ ] and
listened that the sale made by your Oratrix the
Administrator of the negroes is null and void & [ ] to
[ ] And
that the legatees which the said Will & must be
disposed of. Those interested in the said negroes
although the court should be of an opinion that the bill
of sale from your Oratrix Rebecca Turner to her son is
not void under the circumstances but that your Orator as
the only qualified and acting Executor under the said
Will is entitled to the possession of the negroes -Job
who is willed to Nathan Turner and the negroe woman
Sarah willed to Sally Turner and after their death to the Testator
herein meaning his children not only as Executor but as
guardian and trustee under and by virtue of the said
Will as the said Mathias Turner is in a state of
insanity and has nothing to support him and the said
Sally Turner being dead and according to the said Will said
negroe job goes to her brothers and sister - that your Orator is
entitled to the possession of the other three negroes
Willed to your Oratrix Rebecca during life as Executor
he has not [considered ?] that the legatees should be in
possession if the legacy which by said does not vest in
the leatee until the consent of the Executor that your
Orator is not only entitled to possession of the said
negroes but to the value of them for their work and labour while in
the possession of Mathias Turner and Wilson Nesbitt -
Your Orator and your Oratrix further state unto your
Honours that the negro Sarah has had a child while under
possession of Mathias Turner or Wilson Nesbitt and that
Wilson Nesbitt now has
possession of it whose name is not known to your Orator
and Oratrix - Your Orator and Oratrix further shew unto
your Honours that Mathias Turner departed this life
about the day of one thousand eight hundred
and eighteen and that previous to his death he duly made
and executed his last will and testament in which he appointed
Molly Turner his wife Executrix and Wilson Nesbitt Executor
thereof and that this said Will has lawfully proven
before the Ordinary of Spartanburgh District and
admitted to record
and that the said Mary or Molly Turner and Wilson
Nesbitt qualified as Executor thereto and took upon
themselves the Execution of the said Exhibit and that
Wilson Nesbitt [speaks ] of [too ?] often of [asking ?]
the State and [ ] to some [parts or past] by and the
hands of this State and intends selling or taking this said
Negroes with him - Your Orator and Oratrix further
States that your Oratrix applied to the said Mathias
Turner in his life time to delivered to her the said
bill of sale and negroes and have an agreement drawn
according to the true contract as to come to some fair and honest
settlement with your Oratrix but that he refused as to do,
that in consequence thereof she filed a Bill in Equity
against him for the negroes aforesaid on the second day
of May 1818 but that the said Mathias died in a few days
after the Service of the Mathias said responding and
before any answers filed by which the said Bill attest -
And that your Oratrix being old and infirm and unable to
attend after [ ]
and
the said Wilson Nesbitt having gotten the said Negroes into his
possession
[
]
who
now has
[cannot
read the remainder of this line; it is the top of the
page]
your
Oratrix in and that
[cannot read the remainder of this line; it is
the top of the page]a
deed or bill of sale for the said negroes to Nathan
Byars and Joseph Price your Orator in the nature of a
paper of Exhibit or [D ? ] of that but not with any
[ ] any right
[ I
that
they would be intelligent as her
[ ] under the Will of John
Turner. And this was [deliberately ?] understood by the
said agreement between them: And your Oratrix in order
to foresee the reasons of the said Negroes for the
benefit of all his children And if the Decd makes true
asking to make Nathan Byars a party to this complainant
your Orator and Oratrix pray he may be made a party
thereto. But they do not consent [ ]
as he
is no more interested this said than any of the other
legatees with rest your Orator Joseph Price your Orator
[
] Price represents.
Your Orator Joseph Price further states unto your
Honours that he has applied to the said Wilson Nesbitt to deliver
the said negroes to him and to pay for deliver of them in a
most friendly manner but that he refused to so do. And
your Orator and Oratrix still believe that the said
Molly and Wilson Nesbitt would have complied with such a
reasonable and [ ] request or [in ?
I and
Equity they ought to have been. But now so it is nicey
please your Honours that the said Mathias Turner in his
life time and the said Wilson Nesbitt and the said Molly
Turner since the death of the said Mathias [combining ?]
to your Orator and Oratrix whose [names ?] when at
present unknown to your Orator and Oratrix whose names when
discovered they pray be heirs interested will after and prosper
[loosed?] to charge them as parties thereto and continuing
how to inform and apprise your Orator and Oratrix in the
premises absolutely refuse to comply with such their
reasonable request [ ] all
which [ ] and
[ ] and contrary to Equity and good conscience and tend to
the manifest [
] Orator
and Oratrix [ ]
[
] cause
[ ] where of and for as much as your Orator and Oratrix
are
[
] [ ] in
the premises of law and cannot have adequate [ ] except
with a court of Equity when matters of this kind are
property [organization ?] will believable. To the end
therefore that the said Molly Turner and Wilson Nesbitt
and their confederates whom
[ I
may
[ ]
their several and respective corporal as this according
to the best and utmost of their several and respective knowledge
information and belief a full [ I and
perfect answer make to all and singular the matters
aforesaid and that as fully as if the same were here
represented and they particularly interrogated there to
and
more especially that the said Molly Turner and Wilson
Nesbitt may be compelled to answer and set forth whether
exhibit B is not a true
copy of the last Will and testament of John Turner Deceased and
whether the exhibit D is not a true copy of the Bill of
sale of your Oratrix to Mathias for the five negroes
aforesaid and whether it is not a true copy of the bond
given by Mathias Turner and Wilson Nesbitt to your
Oratrix and whether you Wilson Nesbitt were present when
the bill of sale for the negroes and bond to your Oratrix was
signed as either of them? And did you see this Bill of sale
signed by Mrs Turner? Could Mathias Turner or your
Oratrix Rebecca Turner either read writing or write? And
who is & [
] you Wilson Nesbitt to write the said Bill of sale and
bond read [ ]
you
not write them? And do you not
[ ]
[
] the
said negroes and
where are they? And has not the negroe woman Sarah had a
child while in your possession as in Mathias Turner
since she moved out of the possession of your Oratrix
and who has that child now? What is its age and what is
its name and how old is it? Did you know or will you
[ ] found
previous to the purchase of said negroes five and
Mathias
[
] that
this right of them said negroes is
[ ]
[ ] that
if her Oratrix was taken in [ ]
[
]
fraudulent [ ]? When did
you buy [ ] they the
[
]
Mathias Turner and this [ ]
negros
that Mathias Turner got from Rebecca Turner that
[
]
[
]
believe you and Mathias Turner with the sale of these
negroes from him to you & relate it fully and if you
have any matters [ ] of it [ ] it?
What was the time
[
]
? Was
there any matters [ ] to the
payment of the price of said Negroes? Did you pay him
any money order count him money as debt that he owed
you? And how much did he owe you at the time you signed
the bond with him to Rebecca Turner for
her maintenance and how much and had you refused
[
]
before
that time? And how much did he owe you at the time in
before purchased said negroes from him? And was his debt
to be part of [ ]
[ ]? Did
you give any note for the purchase money
[
] bill of sale from him? Then you pray for the negroes
if [ J Rebecca Turner
recovered them and have you paid anything to M. Turner in his
life time or since his death to his Estate for said
negroes and have you not been applied to by the wife or
some of the children of M. Turner Decd for the payment
of those negroes or some part of the price and have you
paid them or do you refuse what was your reason for
refusing? How long have you had these negroes in your possession and
how have you employed them? To Molly Turner and Wilson
Nesbitt: Where is the original bill of sale from Rebecca
Turner to Mathias Turner? If either of you haven't
produced it on the trial of this case? Is the children
named as the legatees of John and Rebecca Turner the
reputed children of theirs? And some others dead and who
as dead leaving children as heirs before stated? Had said John
Turner the son of Rebecca Turner a few days before the bill of
sale of the the negroes aforesaid from Rebecca to M.
Turner was given started to the Western country
where he lived and was the old lady his Mother much dismayed
at his departure? Had Mathias Turner any land as
plantation of his own at the time the said bill of sale
was given him by his mother? Had he any negroes and in
short was he worth anything and how much and in what did
his property consist? Name it. Is not his Estate insolvent
or how much is it worth? Just what did it consist of at his death?
Have you made a time and [ ] of all his
Estate at the time of his death to the Ordinary? And
what [ ] did he owe at his death? And what amount
remained in against his Estate and
whether Rebecca Turner is worth anything and what land
and housing? And in what his property consist? And with
whom does she live? And what the said bill of sale from
Rebecca Turner to Mathias Turner may be declared as null
and void and if the sale made by the Administratrix of
John Turner should not be declared void that then the
said five negroes with this would be decreed to be delivered to
the said to the said Rebecca Turner and
that the Estate of Mathias Turner for the time he had
the use and benefit of the said negroes do also account
for the lives of these and that the said Wilson Nesbitt
do also account for the use of them for the time he has
had the use and benefit of the said negroes and if the
sale by the administratrix of John Turner should be void and
had that the said negroes job and Sarah and her increase be
delivered over to the Executor Joseph Price and that the
Estate of Joseph Price and Wilson Nesbitt do accept to
him for the work and labours of them. And that Wilson
Nesbitt do give security to the Executor Joseph Price
for the delivery of the other three negroes to him at
the death of Rebecca Turner and that in case the said Sheriff
sale is not all lands null and void nor the sale set aside made
by the administratrix Rebecca Turner then the said
Wilson Nesbitt be decreed to pay Joseph Price the
Executor of John Turner the representative [
cannot
read this line; it is at the top of the page and black]
of
each child or the representative of John Turner Deceased
according to the decree of the Ordinary before set forth
or that he do pray to the Executor Joseph Price the full
value of Job and Sarah willed to Nathan and Sally Turner
and
that he be decreed to support and maintain Rebecca
Turner and others and further relief as to your Honours
shall now meet and a
[
] to Equity and good conscience - may it please your
Honours a grant unto your Orator and Oratrix the Writ of Subpena to
be directed to the said Wilson Nesbitt and Molly Turner
thereby considering them as certain and under a certain
finally therein to be interested [ ] because appears
before your Honours in this Honorable Court this said
there to [ ] the
[ ] and to stand to and abide such
order and decree therein as to your Honours shall seem
agreeable to Equity and good
conscience and your Oratrix
and Orator will ever pray.
J.
Geo [unreadable] |
|
Plea of John Campbell
[8
Apr 1837]
Sir
to your honor the present ordinary of Spartanburg
District of south carolina I request of as I before is
your Authority to Collect and settle with Col. Nesbet of
this Estate of Matthias Turner all that has Fell in to
said Nesbets hands Both real and Personal that should be
due to us heirs at Law. Col Nesbet has appointed with the rest of
Matthias Turners heirs to settle with them At next Court
But I Cannot attend. Please to attend to it for me
and oblige you & if you write to me direct your
letters to the Lincoln County Land with
Post Office.
April
8th 1837.
Yours
Respectfully,
John Campbell and
Wife
[Note: John
Campbell is the husband of Rebecca Turner, daughter of Matthias and
Molly Turner.] |
|
Plea from Richland
District SC
[about 1837]
State of South Carolina
Spartanburgh District
Wm.
B. Turner
& others
vs.
Wilson Nesbitt
In Equity
Spartanburgh District
And
the said Defendant by protestation not confussing or
acknowledging all or any of the matters and things
in the complainants said bill of complaint - contained
to be true in such manner & form as the same are therein
declared & set forth - doth plead thereto - and for
cause of plea says, that at the time of the filing of
the complainants bill and for several years before he
did not reside in Spartanburgh District in the said Bill is
not filed to effect any estate lying within Spartanburgh
District - but that this Defendant at the time of filing
of the complainants bill resided in Richland District where
he now resides and therefore the Defendant pleads to the
jurisdiction of this Court (within Spartanburgh District) and
humbly prays the judgement of this Honorable Court who
this he is bound to make any further or other answer
thereunto - and prays to be hence dismissed with his
reasonable cost & charges in this behalf most
wrongfully sustained -
John D.
[unreadable]
|
|
Answers of Wilson Nesbitt
To
Bill of
Complaint
[about 1841]
State of South Carolina
Spartanburgh District
Wilson Nesbitt
et al
Wm.
B. Turner
et al
The answers of
Wilson Nesbitt to the Bill of Complaint of Wm. B.
Turner, Davis Turner, Nancy Yarborough, Henry Turner,
John Turner, Polley Phillips, John Campbell & Rebecca
his wife, John Dauherty & Minerva his wife, Elizabeth Turner
and Anderson Turner.
The
defendant reserving to himself the exceptions to the
errors contained in the Said bill of Complainant - for
answers to so much by him is advised that in material
for
him to answer - Admits that in May in the year of our
lord one thousand eight hundred and Eighteen Matthias
Turner executed by last will and Testament and within
some short time died leaving the same in full force diffect.
That the Testator after
giving a Legacy of three hundred & fifty Dollars to
his son William Turner - devised & bequeathed the
remainder of his estate real & personal to his wife
Molley Turner during her natural life or widowhood and
at her death all his estate willed to her to be equally
divided among his children - and appointed his wife Molley
Turner Executrix and this Defendant
Executrix and Executor - both of whom qualified and
obtained letters
Testamentary on the estate of her Testator.
This Defendant
further answering denies that the whole estate of the
Testator was not embraced in the inventory, with the
exception of a contract which will be hereafter referred
to and contends that this inventory and sale bill - here
filed and marked Exhibit A,
contains a full Statement of the entire personal estate of
Testator with
that exception. This Defendant herein states that after
the inventory of the estate of the Testator Molley
Turner the Executrix under this will sold under an order
from the
Ordinary the whole personal property a will appears by
the sale bill above referred to & returned by her -
and received the proceeds of the Sale - having a life
estate in the same - and this defendant as he did not
receive any part of the proceeds contends that he should
not be chargable for the same and that the Complainants should look
to the estate of Molley Turner - which is liable if any
person for the proceeds of this sale bill - This
Defendant for this answering States and admits that in
the life time of Matthias Turner, who was greatly
indebted to this Defendant he sold to this Defendant
five Negroes, Job, Sarah & her two children, John
& Ephraim & Ruben - and this Defendant and the
said Matthias Turner on 21St of May 1818 - entered into
Articles of Agreement under seal Stating the terms of
Said Contract by what this Defendant was to pay the sum of
Twenty five hundred & fifty Dollars to be paid by
installments of two hundred Dollars
annually without interest until the sum of Twenty five hundred
& fifty Dollars should be discharged with a
provision that if this Defendant, his Heirs Exers Admin
& assigns should loose the said Negroes or any of
them by law then the obligation to be Void to all
extends - which will more fully appear by a copy of said Covenant
herein filed & marked B. This Defendant further
answering states that some time in the year of our lord
One Thousand eight hundred &
nineteen Joseph
Price & Nathan Byars as Executors of John Turner
& Rebecca Turner from whom Matthias Turner had
obtained a bill of Sale for said Negroes in consideration
that he would support & maintain the said Rebecca
Turner during her natural life, filed this Bill in the
Court of Equity for Spartanburgh District against this Defendant
and Molley Turner as Exor & Exix of Matthias Turner;
Decd, for the purpose of sitting aside the bill of Sale
executed by Rebecca Turner to Matthias Turner for said
Negroes as fraudulent & Void and to make the
property possessed under the Will of John Turner. That the said
suit in Equity continues in court until at near 1820 or 1821
- When his Honor Judge James delivered a decree setting
aside the sale from Rebecca Turner to Matthias Turner as
fraudulent & Void and ordered this Defendant to
deliver up the Negroes and account for this here - that
the appeal from said decree but the [ ? ] way confirmed by
the appeal Court for and under this decree of the Court
after an attachment had been opened from said Court be
delivered up the Negro man job to Joseph Price & Nathan
Byars Executors of Jno. Turner, Decd, - and this Defendant would
here state that the negro man job was a valuable negro
being a Black Smith by trade and at the time he made the
Contract with Matthias Turner, was estimated &
valued at eight-hundred & fifty Dollars - That the
said suit in Equity continued in Court &
under an order of Reference the Defendant and he
continued to Litigate the claims of the Complainants by
a petition for a bill of review and in every
other probate state until in 1834 or 1835 - When he
obtained a decree from the appeal court reversing all
previous decrees in the case & denying the bill so
far as Joseph Price & Nathan Byars Exors of John
Turner, Decd, were concerned. Rebecca Turner have died
pending the litigation the bill was retained so far as her rights
were effected and the parties were under the decree of the
appeal court at liberty to take and Administration of
the estate of this and Rebecca Turner and file a bill of
revision from the previous contained in the original
Bill - of ordering void the bill of Sale from Rebecca
Turner to Matthias Turner and this Defendant further
states to your Honors, that after the decree of the appeal court in
his favor - he had a rule issued from the Court of Equity
against the Executors of Joseph Price who had the negro
job in their possession requiring them to show cause why
the negro job should not be delivered back into the
possession of this Defendant and on the return of said
rule a motion was made before the presiding Chancellor -
who after hearing full argument refused the motion - and the
said negro job was carried off to Arkansas where he
still remains in the possession of the Executor of the
said Joseph Price - to whom he was delivered by this
Defendant under a decree of this Court. And this
Defendant submits to the Court if the covenant between this
Defendant & Matthias Turner above set forth is not by its
express provisions rendered Void - as he has lost the
negro job by legal process - and he here contends that
he is not bound by it - but should he be mistaken in
this, he contends that the price of the negro job should
be deducted from the contract.
This Defendant
further answering admits and states that the Testator,
was indebted to this Defendant and by notes &
otherwise to a considerable amount which
formed the inducement of making this
Contract respecting the negroes as set forth -
and that the Testator was
indebted to others to a considerable amount as will
appear
by Exhibit C - which this
Deft has paid off which with the legacy to the
Complainant Wm. B. Turner - amounts to One Thousand & fifty six
Dollars - that he paid one hundred fifty six Dollars
forty four cents - [ ? ] - which accrued by a litigation
in the Court of Common Pleas with the Exor. of Jno.
Turner, Decd, respecting the estate of
his Testator - which appears
by the Sheriff receipt referred to in Exhibit D - and in
the fifteen or sixteen years legation in this Court in
the suit brought against him & Molly
Turner as Exor & Exix of
the Testator - his has paid out sixteen hundred &
Eighty Dollars - (beside the witnesses costs) - in defending the
right of his Testator - as well also appears by Exhibit
D.
This Defendant
further answering states that the Complainant John Turner
is indebted to him in the sum of Twenty five Dollars twenty four
cents by notes due bills & orders - which should be
regarded as a payment to him Pro. Tanto
["only to that extent"] -
as
well also
appears by references to Exhibit D.
This Defendant
further answering states that accounts and a note against
the estate of his Testator, has been presented to him and which he
supposes are just – that have not been paid as the estate
of his Testator would have been insolvent if the decree
of the court had not been revised. This Defendant and
further answering states that, except the covenant above
referred to - he never received any funds or had any
property of his Testator in his possession and he
contends that he should be allowed interest on his debts against the
estate of his Testator and also the legacy and debts
against the estate which he paid out of his own funds -
until the death of Molly Turner
-
and that he should
also have interest on all costs and expenditures
expecting the litigation for the estate which he paid
out of his own funds.
This Defendant
here contends that should he be compelled to account for
his amount of covenant aforesaid with or without the deduction for
the price of job – that under the will of the Testator
Molly Turner had a life estate in the same - and that
the Complainant are not entitled to interest untill
after her death.
This Defendant
further answering denies the charge made in the bill that
he has refused to come to a settlement with the Complainants or
that he evaded it in any manner or under any subterfuge
whatever but states that he has always been ready and
willing to settle for every cent which he may have in
his possession after being allowed the monies expended
with a reasonable compensation for great trouble in
attending to the complicated litigation respecting the title of
Matthias Turner to the property - and he feels satisfied that
he has no funds in his hands belonging to the
Complainants provided he is refunded his payments &
expenditures - and this Defendant would feel surprised
at the allegation of the Complainants bill - if he did not
know, that it is not the charge of the Complainants - but that of
J. W. Martin - who has purchased the chances of this
litigation for some trifle.
And this Defendant here alleges and states that he will
be able to prove that all the Counts in this bill
previous to the filing of the bill conveyed all this
right, title interest & claim whatever imbraced in this suit to
J. W. Martin and this Defendant would here submit - to
this Court, of the complainants bill can be sustained as
they
have no interest
whatever in the case - and prays to have the same
benefit thereof, as if he had plead the same in bar to
complete recovery.
This Defendant further answering states that some five
or six years since he attempted to have a settlement with the
Complainants and at this time they all agreed
that the defendant should be allowed
a credit for all fees & other instances which he
138
had paid or might - thereafter
pay in the case of Jos. Price Exor of Jno. Turner
against this Deft in his own right as Exor of Matthias
Turner and three of the complainants, to wit Davis
Turner, Nancy Yarborough & Polly Phillips signed an
agreement to that effect - a copy of which is here filed &
Marked Exhibit E - and this Defendant further answering denies
all manner of fraud and prays to be dismissed with his
reasonable costs in this behalf most wrongfully
sustained -
[unreadable initials]
|
|
|