Becton vs. Becton

Source: Nc Archives
Written: 1857

#9256 – FREDERICK BECTON vs JOHN E. BECTON
Jones Co – Dec 1857

COURT EQUITY CASE

Frederick I. Becton, Richard D. Becton, James S. Becton, Susan G. Becton, Nancy R. Becton the four last named infants of tender years by their next best friend Rascoe Barry vs John E. Becton, William B. Becton, Simon S. Becton, Elijah Loftin and Sarah his wife, Julia Becton, Jacob G, Becton, Amos Heath and Elizabeth his wife defs – Frederick Isler Becton dec of Jones Co died sometime in 1843 leaving Eliza A. G. Becton his widow, the defendants Sarah wife of the def Elijah Lofton and Julia Becton daughter of his deceased daughter Julia Becton who died in the lifetime of the sd Frederick Isler Becton and his granddaughters and the def William B. Becton, Elizabeth Heath who intermarried with the def Amos Heath, Jacob G. Becton and your orator as his 8 children surviving – the sd Frederick Isler Becton had a will

Included a copy of the will

The sd Eliza A. G. Becton was entitled only to a life estate in the property subject to the limitations – sd Eliza failed and negelected to take an inventory – the defendant John E. Becton intermarried with the sd Eliza, widow of sd Frederick Isler Becton – at the Dec Term of 1846 of the Court of Pleas and Quarter Sessions was appointed guardian of your orators (plural), Frederick I. Becton, Richard D. Becton, James I. Becton, Susan G. Becton, Nancy R. Becton, another def Jacob G. Becton by the court with William B. Becton and Simon S. Becton as sureties – the sd guardian should improve the estate that should come into his possession until they become of age – the plfs were advised that it was not only the duty of the defs John E. Becton, William B. Becton and Simon S. Becton to collect and take into their possession all the slaves, household and kitchen furniture, money notes and all property given to us by the will – the def John E. Becton did not renew his guardian bond – the sum of $1036.49 was due from the def Jacob G. Becton plus $54.27 – we request the Clerk and Master of the Court be the receiver of the estate and hire out the slaves and land and manage the estate – no one was looking out for them as their mother who intermarried with sd John E. Becton was dead and their only brother who had attained legal age and was executor of their father’s will was also a surety for the guardian John E. Becton – the will directed the def Jacob G. Becton be educated out of the income of the estate given the wife for her lifetime – after the death of Eliza the plfs were entitled to 1/8 of the slaves and 1/7 of the other property – Eliza died sometime in 1850 but not all the children were 21 years of age – Roscoe Barry was appointed receiver of the estate – there were 32 slaves – Jacob G. Becton was only entitled to 1/7 of the property

(It appears some of the pages have been mixed up in the file and it was difficult to follow) the children of Frederick by his first wife were William B., Elizabeth Heath, Julia Becton dec leaving her children Sarah Loftin and Julia Becton – by the 2nd wife were Fred. I. Becton, Richard D., James , Susan G., Nancy R. and

Jacob G.

ANSWERS

Defendant L. G.???? Becton – Nancy Becton was also called Mary – he said Frederick dec departed this life in 1843 leaving his widow Eliza and Sarah wife of Elijah Loftin and Julia Becton daughters of Julia Becton dec daughter, William, Elizabeth the wife of Amos Heath, Jacob as his children – he admits to the will and to the marriage with Eliza, the death of Eliza on 19 Oct 1846 and that the letters of administration were granted to John E Becton – the said Exec of Fred I. Becton, the sd William delivered to the sd Eliza a large number of bonds, slaves and other property but he does not know exactly how much – it is his understanding the Exec, William, has settled with the sd Eliza and her husband J. E. Becton – he admits the John E. Becton was appointed guardian and he failed to renew the bond because it was burdensome for him – Joseph stated that the brother William was the only one of age – he does not know if John E. Becton ever gave a full accounting to the receiver – he does not know if John E. Becton after the death of his wife sold any of the slaves or other property of Fred I. Becton but he was told by John E. that he did sell things and he believes he did and the amount was $730.93 – he also stated he believes John E. has accounted for all the hire of the slaves since the death of his wife but he didn’t have to account for them before the death of his wife – stated that Jacob was maintained and educated according to the will – stated that John E. and Jacob acted properly – he stated he had no interest in the slaves or property other than as the father of the Def Sarah wife of Elijah Loftin and Julia Becton

NOTE: It is not clear who this “def” was giving the deposition

ANSWER OF ELIJAH LOFTIN and wife SARAH and JULIA BECTON

NOTE: Information in the above response will not be repeated – they stated that the def Jacob G. Becton was not included to a portion of the slaves as ample provisions had been made for his maintance and education – the said Elijah Loftin shortly after his intermarriage with Sarah petitioned the court for her fair share of the estate of her father but he has still not received anything

ANSWER OF WILLIAM B. BECTON – said he made a full and final settlement with the said John and Eliza Becton on 16 May 1845 – they received the slaves they were entitled to except for Matilda who was dec – the slaves were Coalar aged 45, Solomon age 44, Virgil age 37, Big Jim age 33, Peter age 33, Venus wife of Peter 30, Alfred about 13 in Sept next, Thomas age 12 in August, Susan age 9 in June, Israel age 7 in May, William age 5 in May, Caroline age 4 in Dec, Mary Ann age 2 in Sept, Mary age 49 in Dec, Little Sarah age 26 in April, Amanda age 15 in March, Big Sarah age 49 in Dec next, Phillis age 29 in June, Louisa age 10 in June, Britton age 5 in April, Absalom age 3 in May, Jiskey age 20 on 25 Feb next, Child Charity about 3 months, Boy Greene age 15 in May next, Simon age 12 in Oct next, Emperor age 3 in Nov There were notes on the following which came into his hands – from Simon S. Becton, John B. Morehouse, Henry Budd or W. C. Cox, Nancy Wood, Martin F. Brock, B. C. Simmons, John Andrews or Jas Mumford, Elijah Stanly or Elizabeth Reynolds, John Loftin or Bryan B. Becton, William Morgan or John Westbrook, D. Y. Shever, James C. Bryan, Emanuel Jarman, B. Coleman, John A. Averett, Amos Rhem, M. F. ?? Brock, Jacob Gooding, William Huggins, James Harrison, Jacob Grady, John E. Becton, Abner Green or David Green, Wright Stanly, John L. Loftin, Ivy ??? Harrison, G. Herritage, Eleay Lane or Jacob Huggins, J. Harrison (on same line was Ivy Harrison and Lewis Koonce), A. I. Koonce, J. B. Reynolds, Benjamin Koonce

Plus the bonds paid to John E. Becton for his wife – Simon L. Becton, John A. Averett, L. ?? C Bryan, Martin F. Brock, William Huggins, James Harrison, James B. Shine ??, Blount Coleman, Silas Heath, Freeman Smith, Nancy Wood, Stephen Forbes, Simmons Moore, Elizabeth Stanly, Henry Budd, Elias Lane, Thomas Morgan – plus some additional bonds for people already mentioned – he stated the sum of $5707.45 had come into his hands as exec and he delivered to the sd John E. Becton the amt of $5018.36 keeping $500 for himself and $300 for Elizabeth Heath, plus $412.22 charged against the estate – he then provided a list of property delivered to the said John E. Becton for his wife Eliza – farm items, household items, crops etc – the said John Becton was appointed guardian and requested someone else be appointed

NOTE: Could not find an exact date of the deposition

ANSWER OF JOHN E. BECTON

He had removed to Wayne Co which is why he did not want to continue to be guardian – he only has the following of the estate of Eliza – a horse, $20 collected in Lenoir Co on Silas Heath – after the death of Eliza he sold all the perishable estate for $730.93 but he did not keep an inventory as it was not his duty to do so – the slaves that came into his possession from Eliza were – Cesar aged at that time about 50, Jine ? aged about 40, Peter about 35, Venus about 35 and her five young children among them Israel about 6 years, Sarah about 50 and her four young grandchildren, Sarah about 20, Mary about 50 and one child, Amanda about 15, Jesky about 18, Louisa about 12, Susan about 12, Alfred about 15, Simon about 18, Lem ?? about 12, Phillis about 25, Wright about 20 – of these the last two died before Eliza the wife – prior to 1850 the woman Venus gave birth to one child and also the women Sarah and Jesky a child each – he denied receiving any money but did receive bonds and notes amounting to $5018.36 John gave this deposition in Wayne Co

Followed is a list of notes he received

ANSWER OF JACOB G. BECTON

Spring Term 1857

No additional information

There are a number of pages of accounts for the minor children by their guardian John Becton GIST of the case – a partition of the slaves – Court said that Jacob G., Frederick I. Richard, James, Susan and Nancy were to receive 1/8 of the slaves, Elijah Loftin and Sarah his wife and Julia Becton 1/8 part – at the partition there were 38 in total including 5 set off for JacobJacob had in his possession viz Mary, Simon, Solomon Jr., Susan, Virin?? – the rest to be divided keeping mothers and small children together

Lot #4 – to Frederick – Absolum, Caroline, Jacob and Phillis

Lot # 3 – Richard – Alfred, Amanda, Sarah, Jecky

Lot # 5 – James – Tom, Louisa, Harriet, Betsy, Jim

Lot #1 – Susan – Britton, Emily, Ted

Lot # 2 – Nancy – Israel, Peter, Venus, Henry

Lot #6 – Elijah Loftin and wife and Julia Becton – Bill, Sarah, Mary, Holland, Lamos, Daniel, old Solomon

Lot #7 was set off as the 8th part consisting of Emperor, Mary Ann, Caran ??

At the time of the division the heir Susan will be 21 in a few months, Nancy was still the youngest and the rest are over 21. It appears that the heir Nancy may have married John Hardy by 1860

B. L. Perry was the administrator of Simon Becton

Richard, Susan, Frederick, Jacob were alive and called to testify at the Supreme Court

In 1869 Sarah Loftin was dec and Elijah P. Loftin was her administrator Julia Becton had md Wm. H. Barker Amos Heath was dec and Joel A. Heath was his administrator. F. I. Becton was bankrupt, Susan G. Becton was dec and Wm G. Murphy was administrator Richard Becton was dec and James Stanly was his adm

Mary R. Becton had married John L Hardy