Wooten vs. Becton

The Bill of complaint of Counsil Wooten & Simon S. Becton plantiffs against John E. Becton……& other defendants

To the Judge of the Court of Equity for Lenoir County

Humbly complaining shew unto your Honour your orators Counsil Wooten of Lenoir County & Simon S. Becton of Jones County that Susan Jones late of Craven County departed this life in the Spring of the year 1848 leaving a bad will & Testament which has been duly proved & recorded in Craven County Court, to wit at June Session 1848 & by which Said bad will the testatrix among other things bequethed as follows, “I am anxious to reward the meritorious servis of the following named Slaves with the boon of freedom namely Phillis, Ester, Nancy, Patsy. Scot, John, Amey, Plesant, Fortner, West, Mary, & Sarah which four last named are the children of Amy and all their further issue & increase, and I request & direct my Executors to apply a sum not exceeding Three hundred dollars to pay their passage & settle said slaves in some one of the free State and all the rest & residue of my estate I give and devise in the following manner, that is to say to my brother Simon Becton his Executors and adm’rs one fourth part of said residue to my nephew John E. Becton son of my deceased brother Frederick E. Becton & his Executors & adminstrators one fourth part of said residue to the children of my sister Nancy Isler deceased one fourth of said residue in absolute property & to the children of my deceased sister Betsey Isler in absolute property the remaining fourth of said residue I appoint my brother Simon S. Becton of Jones County & Counsil Wooten my Executors”: That the testatrix, said will was published on the 26 July 1847 and not afterwards – that by her said will she bequeathed to Penny Jones $400 in cash – To Susan the infant daughter of Malvinia Dimock $200 in cash – to Mrs Mary Brown the Dwelling  House of testatrix for her lifetime and all the household & kitchen furniture and $200 in cash – And after Mrs Browns death to Elizia the wife of your Orator Counsil Wooten – Rebecca the wife of William Herring, Eveline the wife of William Fort, Susan the wife of Levy Dawson, Rebecca the wife of John Wooten, and John Islier to be equally divided between them & their Heirs, the said Testratrix devised by the said will her Dwelling House in Newbern more particularly described in the said will a copy of which is herewith filed as part of this Bill, marked A. And your Orators shew further unto your Honor that they have undertaken the office of Executors of said. And after being duly qualified in Craven County Court have possessed themselves of all the estate & property of the testatrix a true & full inventory of which property has been filed in said County Court and a copy is herewith filed marked B. They have paid the debts and funeral charges of their Testatrix and there is a large residue on had which they are ready to account for, with the legatees aforesaid and pay all the specific legatees according to the true intention of said will, and to perform the Trust confided to them by their textatorix but unexpectedly to your Orators several doubts & difficulties arising out of the provision of the will of their testatrix and the laws of North Carolina as herinafter stated here presented themselves and your Orators have therefore found it impossible to settle their accounts & execute the trust aforesaid with safety to themselves and with justice to others without the previous advice & direction of your Honor: “Your Orators shew that the said negro slaves named in the will were owned by the testatrix, at the date of her said will & also at her death & they are all in possession of your Orators as her Executors except West who is dead – that several other negroes the children of said Slaves are also in your Orators possession to wit: little Plesant born after 26 July 1847 & before the Tesatrix death and Moris Bryant, Henry & Ransom

See procedings

The children of Nancy Isler deceased named in said will are Eliza the wife of Counsil Wooten one of your Orators Rebecca the wife of William Hering of Lenoir County, Eveline the wife of W’m B. Fort who is a Lunatic and Addison G. Person has been duly appointed his Committee or Guardian all of Wayne County and Edwin B. Isler of Jones County. The children of Elizebith Isler named in said will, are Susan the wife of Levy Dawson of Pitt County, Rebecca the wife of John Wooten of Wayne County and John Isler of Jones County

Your Orators shew unto your Honor that before they had an opportunity to perform that part of the testatrix will which authorized & directed said slaves to be emancipated the residuary legatees aforesaid or some of them put up a claim that the said bequest of emancipation is void on its face and that your Orators are bound to account with them for the said slaves, as a part of the residuary estate of Susan Jones deceased, and that if your Orators took any steps for emancipating said slaves or for their removal out of the state the defendants, would charge your Orators for their value; Secondly the said residnary legatees the defendants put up a claim that if not altogether void the said legacy of emancipation does not include the young slaves born as aforesaid after said 26 July 1847: – Thirdly the said residuary legatees the defendants here put up the claim that your Orators shall not remove said slaves out of N. Carolina untill they have been first emancipated by a court in North Carolina – Now your Orators cannot obtain an order of the court to emancipate said slaves without giving a bond in the penal sum of $1000 for each slave conditioned that said slave will leave the state & never return into it. Your Orators are unwilling to become bound individually for so large a sum of money;without indemnity & they have been advised that the estate of the testatrix is in this court bound to indemnify them against loss or the  hazard of lost to be incurred by given such bonds as the law requires for fulfilling a trust of the will & if that were admitted by the defendant your Orators would at once proceed to emancipate said slaves according to the true intent of the said will: But the said defendants refuse to give the bonds required themselves and deny your Orators right to hold the property of the testatrix or any part of it for them indenity and they insist upon your Orators settling with them & paying over the residue to them at once, without any kind of Indemnity to your Orators this your Orators are not willing to do: and your Orators are again enbarrassed by the complicting claims of the slaves themselves to be emancipated according to the will of the testratix and the adverse claims of the defendants to hold them in bondage as aforesaid: Your Orators have a strong desire to act conscienciously & to carry into effect the will of their Testatrix: But they do not intend to violate the laws knowingly nor imprudently to put in jeopordy their whole estate without indemnity from some greater and they therefore seek the advice of this Honourable court Whether the said bequest of emancipation is void in its face or otherwise & to whom your Orators right in such a case to deliver up said slaves or how remove them for the purpose of emancipation: if the said bequest is not void: whether your Orators are at liberty to send off the said slaves toany state that is out of the United States: – and whether your Orators would be at liberty to send them out of the state at all before they are first emancipated in N. C. by petition in court for that purpose according to the act of assembly: If such emancipation by a court of N. Carolina be indispensible for your Orators protection in the premises aginst liability for the value of said slaves: whether your Orators are not entitled to hold the rest of the estate; as an indemnity in any form: and if your Orators are not entitled to be indemnified against the hazard of ruin to their own families by the future return of said slaves to N. C. after Bond as required by Law shall have been given then your Orators are unwilling to give any such bonds & unless the same shall be emperetive & unavoidable they will not do it and upon that they ask the advise & direction of this court: Your Orators are advised that the slaves aforesaid being themselves capable of taking a legacy of their freedom ought in some form to be made parties & heard and each one for himself may provide the necessary security for taking the benefit of the Trust in the will aforesaid whereupon your Orators do cheerfully submit that they will have him or them emancipated according the said will & laws of the state: but the defendants who are residuary legatees deny that the said slaves have any such right or the priveledge of being heard in this behalf before your Honour or any other judicial tribunal &c: – Should your Orators be mistaken in this then it is respectfully admitted to your Honour. In the midts of their conflicting claims & surrounded as they were by these doubts, your Orator here found it both dangerous and difficult to proceed in their office: and without the advice of your Honor they are not able to settle their administration or to execute the Trusts confided to them with satify to themselves & justice to all others: they hereby submit to have an account of their adminstration of the estate of their Testatrix taken under the directions of your Honour: In tender consideration of the premises: & for as much &c That the will of the said Susan Jones may be interpreted and construed,  & the right of the defendants and the duties of your Orators declared & determind by your Honour & that your Orators may execute their Trusts as Executors correctly under the sanction & advice of this Court & that such other & further orders & decrees may be made in this behalf as will settle the rights of all parties & protect your Orators against future controverses, and that your Orators adminstration of said Susan Jones dec’d estate may be settled in this Court with the defendants, and that your Orators may have such other & further relief and aid in the premises as the nature of the case requires &c.

May it please your Honour to cause the states Writ of Subpoena to be issued to John C. Becton of Wayne County, W’m Herring & his wife Rebecca: William B. F. Fort & his wife Eviline to be served on Addison G. Person his Guardian &c: Edwin B. Isler, Levi Dawson & his wife Susan, John Wooten & his wife Rebecca & John Isler, and to John H. Becton (of Tennessee) commanding them to be and appear &c to answer &c; &c: And to notify George S. Stevenson Solicitor &c of this suit by handing a copy of this Bill &c W’m H. Haywood Jr. for Pltt.

C. Wooden & Beckon that the said slaves are held by your Orators upon Trust in the venue of a charitable use to be executed under the order of this court & that for that purpose George Stevenson Esq – the Solicitor for the circuit is entitled to represent the state & to direct the said Trust though the M’r defendants aforesaid do deny this & streniously insist that the slaves are held in Trust for them and the said George S. Stevenson Esq as in duty bound doth contend that the questions aforesaid must be determind by this court & for that purpose he doth insist that the said slaves are held in venue of a charitable use by your Orator for removal & emancipation and that your Orators will be bound to answer for a breach of trust in case they are surrendered to the residuary legatees.

On reverse: Bill in Equity. Services accepted. John W. Isler. September the 11 1851. Copy delivered to me G. S. Stevenson.

Source: North Carolina Supreme Court Case #6483.

Folder: Council Wooten, et al v. John E. Beckon, et al. Also in Volume 43 of North Carolina Reports, page 66. (Dec. 1851)