NC Supreme Court Case #8498 – J. H. Jackson and wife and others vs E. H. Rhem, Jr., Adm’r & Others
Dec 1860 – Case found at the NC Archives,
Raleigh, NC and abstracted by Martha Mewborn Marble
John Henry Jackson and wife, William J. Hunter and wife vs Edward Rhem Adm of Edward Rhem, dec – Petition to distribute shares of estate
John H. Jackson & wife Nancy and William J. Hunter & wife Christeanna of Lenoir County state that Edward Rhem late of the County of Craven died late in the year of 1855 – at Dec Court 1855 Edward Rhem Jr was appointed administrator – Edward Rhem dec had a large personal estate consisting of notes accountable worth about $5000, 30 negroes, a large amount of chattle property and he was not in debt – the administrator has had plenty of time to settle the estate and he hasn’t
Edward dec had next of kin as follows: a brother Jacob Rhem who lives in Craven Co; William B. Rhem and Susan wife of Joseph Kinsey children of deceased brother, William; William, Haywood and Edward Rhem (the said administrator) children of deceased brother, John; Elizabeth Gracy wife of H. G. Gracey, Hannah wife of Daniel Perry, Susan wife of Elijah Perry, John, Joseph and Priscilla Rhem children of deceased brother Amos; George W. and Jacob West the children of deceased sister Hannah West; Amos Simmons, Mary wife of George Hatch, and Sophia wife of Philip Forness children of deceased sister Elizabeth Simmons; Julia Sanderson daughter of deceased sister Christiana Foscue; and your petitioners Nancy Jackson and Christiana Hunter as the children of deceased brother Melcher Rhem.
The petitioners are entitled to 1/8 part and are desirous of receiving their share.
The following reside in Jones Co – Hannah Perry wife of Daniel Perry, Priscilla Rhem, Elijah Perry and wife Susan, Julia Sanderson and Susan King (sic) wife of Joseph King (sic). The following reside in Craven County – Jacob Rhem, Haywod Rhem, George W. West, Elizabeth Gracy, Joseph Rhem and Amos Simmons.
The following reside in Lenoir County – Jacob West, John Rhem, John H. Jackson and wife Nancy and William J Hunter and wife Christiana.
The following are non residents of North Carolina – William B. Rhem, Mary Hatch wife of Joseph Hatch, Philip Forness and wife Sophia.
The estate should be settled as follows:
- 1/8 share – brother Jacob who is surviving
- 1/8 share – William B. Rhem and Susan wife of Joseph Kincey – children
- of dec brother William
- 1/8 share –Edward, Haywood and Edward Rhem – children of dec brother John
- 1/8 share – Elisabeth Gracy wife of H. G. Gracy, John, Joseph and
- Priscilla Rhem, Hannah wife of Daniel Perry, Susan wife of Elijah Perry – children of dec brother Amos
- 1/8 share – George W. and Jacob West – children of dec sister Hannah West
- 1/8 share – Amos Simmons, Mary wife of George Hatch, and Sophia wife of Philip Forness – children of dec sister Elizabeth Simmons
- 1/8 share – Julia Sanderson – child of dec sister Christiana Foscue
- 1/8 share – Nancy wife of John H. Jackson and Christiana wife of William J. Hunter – children of dec brother Melcher Rhem
Maringo County, Alabama Court – Sophia E. and Philip D. Forness resided in this county.
Answer of the defendants – many of the heirs deny that Nancy Jackson and Christiana Hunter were next of kin and further said they were not entitled to any part of the estate. They contend Nancy and Christiana are the illegitimate children of Melcher Rhem as said Melcher Rhem never married.
The following were brought into evidence to support the marriage of Melcher Rhem
- His Will which was in a previous newsletter – said Will called Nancy and Christiana his legitimate children
- His Marriage License – Melcher Rhem of Lenoir County makes application for a Marriage License on 21 May 1835 – his intended was Ally Davis – the cost of the License was 500 pounds and the WIT was Lewis C. Desmond
Depositions
NOTE: Many of these depositions said the same thing so only additional information is given for each deposition after the initial statements are covered
1. John Daugherty – 26 Feb 1858 – was acquainted with Melcher Rhem and Alice Davis for 30 years or more previous to the time they were said to be married – Alice lived on Melcher’s plantation 20 years ago and people thought they were married and they lived together until she died – I called her Mrs. Rhem but I was not present at the marriage. Mrs. Rhem had children before she lived with Melcher by the names of Eunice, Ann, William and Athenise?? – then she had two more children by the names of Nancy and Christiana who were twins – Melcher and Alice had co-habitated before their marriage and these children were called Davis then changed to Rhem – Melcher treated all his children alike
2. James Kilpatrick – 26 Feb 1858 – stated he had known Melcher all his life, 50 years, and had known his wife for 30 years – he was not sure they were ever married – Alice and the children attended Church in Rhem’s carriage but Rhem didn’t attend church or if he did he went separately
3. Dr. Thomas Woodley – 26 Feb 1858 – stated Rhem and his wife had children William, Nancy and Christiana – stated he considered her Mrs. Rhem but he could not testify to their marriage as he (Woodley) was not a citizen of Lenoir Co at the time
4. Richard W. King – 26 Feb 1858 – stated they always acted as if married
5. Jesse Jackson – 27 Feb 1858 – stated he knew Melcher and Alice since 1835 and they treated each other as husband and wife and the children used the surname of the father – in 1846 Rhem requested me to have his three oldest children legitimized as I was a member of the NC Legislature – I asked him about his daughters Nancy and Christiana and his reply was they were born after his marriage with Alice and were legitimate – I wrote the Will of Rhem and I called his two oldest children illegitimate per his request – their names are Emily wife of John Rhem and Martha wife of George W. West and they were born before he married Alice – Alice joined the Church at Harriett’s Chappell in June 1843 as the wife of Melcher Rhem
6. P Hardee – 14 April 1858 – he did not marry them despite the rumor – he thinks that Rhem just got the license to keep from being indicted
7. Ann B. Bryan – 1 May 1858 – she did hear Rhem say he never married Alice and he told her this as Alice was laying dead in the house (Note: although it does not say so there are indications that Ann was the wife of Lewis O. Bryan)
8. James E. Edwards – 16 April 1858 – stated he herd Rhem say he never married Alice in 1847/48 but he (Rhem) intended to take care of all of his children in his Will
9. Alexander Tilghman – 8 June 1858 – stated he knows James E. Edwards and Edwards was generally considered a man of bad character and I would not believe anything he says – stated that Edwards was not of sound mind
10. John Jackson – June 1858 – stated he had known James Edward for 3 or 4 years and would not believe his oath – stated that Rhem treated Alice as his wife
11. Fred. G. Griffin – 8 June 1858 – stated he had known James Edward for 5 or 6 years and had a bad reputation for the truth – stated I lived about 8 miles from Rhem
12. Lewis O. Bryan – stated he heard Rhem say they had never married
13. Ann Bryan – said Rhem told her he never married Alice because of a promise
14. Shadrack Loftin – stated he lived 4 miles from Rhem and further stated that Rhem was displeased with the marriages of his twins and he never wanted them to inherit – stated that Rhem told him he intended to change his Will but he died before doing so
Superior Court Fall Term 1860 – in this document it states that Clinton Cox boarded with Rhem in 1836 and Rhem told him he used to keep Alice in a house in the old field about 300 yards from the main house and they had 4 children. Then Rhem moved her to the main house and had the twins who were about 9 months old in 1836 – he stated that Rhem told Cox he was not married to Alice and “he be dammed if he ever would marry her”