NC SUPREME COURT CASE #1343 \u2013 FOSCUE vs FOSCUE \u2013 1819 \u2013 Jones County.<\/p>\n
Will of Simon Foscue, Sr. Found at NC Archives.<\/p>\n
NOTE: It appears there may be several legal actions within this one\u00a0case.<\/p>\n
Superior Court, Jones County \u2013 Sept 1819<\/strong><\/p>\n Feb. 1819 – Elizabeth Foscue, Stephen Foscue, an infant by his next\u00a0friend Lewis Foscue, Susan Foscue by her guardian Lewis Foscue, John R.\u00a0Donnell their attorney bring a Bill of Complaint against Simon Foscue\u00a0exec of Simon Foscue, dec and Ann Foscue executrix of said Simon\u00a0Foscue, dec.<\/p>\n About Nov 1814, Simon Foscue Senr of Jones County departed this life\u00a0leaving a last Will and Testament which was proven Nov Term 1814. Named\u00a0executors were Stephen Foscue, Simon Foscue Jr, sons and Ann Foscue the\u00a0widow. Simon Foscue Jr along qualified and became executor. \u00a0Simon Sr. bequeathed as follows “It is my will and desire that my\u00a0executor herein after named should dispose of all the residue of my\u00a0property which together with what money I have due me shall be applied\u00a0after paying off all my just debts to the education of my children and\u00a0should there be any remaining, I wish it divided equally between my\u00a0four youngest children”<\/p>\n And your petitioners state the dec had the following children in the\u00a0order of seniority \u2013 Frederick, Simon, Dorcas, Lewis, Sally, Elizabeth,\u00a0Stephen, Susan and Amos Foscue yet an infant whose guardian is said\u00a0Simon Foscue, Jr. The four youngest are Elizabeth, Stephen, Susan and\u00a0Amos.\u00a0Elizabeth is now between 21 & 22 years old, Stephen between 19 & 20\u00a0years old, Susan between 16 & 17 years old and Amos about 12. The\u00a0executor, Simon Foscue, still retains a large residue of the estate\u00a0which belongs to the 4 youngest children amounting to about $5,000. \u00a0Part of the residue applied to the education of the petitioners but we\u00a0have been left a small amount of property and dependant on the\u00a0generosity of friends for the limited education of a few months.<\/p>\n The exec refused to pay for education or turn over the residue saying\u00a0the entire residue was applied to debts and other legacies and at other\u00a0times said he had claims against the estate. The petitioners wish a\u00a0full accounting and amount of debt due to the testator and what the\u00a0residue is<\/p>\n Answer of Simon \u2013 May Term 1817<\/strong><\/p>\n Simon agreed he was the exec. And also who the 4 youngest were and\u00a0stated he was the guardian of Amos and they are entitled to, at some\u00a0point, some amount and that he retains the residue worth about $5,000. \u00a0But he also stated the sum of $413.87 has been spent on account but\u00a0none has been spent on education \u2013 it is not true the petitioners have\u00a0lived off friends. He has not refused to turn over the residue because\u00a0it has not been requested \u2013 he has turned over to Lewis Foscue who petitions in the name of the petitioners the residue which has not been\u00a0applied to debts \u2013 he has discharged the trust placed in him. He\u00a0states that Elizabeth was past the age of education of girls at the\u00a0death of the testator and the defendant has afforded her every aid for\u00a0schooling, but her father considered her education finished at his\u00a0death. The petitioner Stephen was left his own guardian and was less\u00a0disposed to receive any education. Susan was under the guardianship of\u00a0Lewis Foscue.<\/p>\n Sum of the residue was too large for education and the testator did not\u00a0intend it be divided into equal portions but proportions as age, sex,\u00a0capacity and advancement in learning at the discretion of the executor\u00a0\u2013 defendant states he is bound to keep the residue in his hands for the\u00a0education of Amos \u2013 he states the petitioners have no right to call his\u00a0hand unto Amos is of age.\u00a0The local court agreed that some payment should be paid out at least to\u00a0Elizabeth and Stephen but not all of it. They did find the residue at\u00a0$480.93 and 1\/4 was $70.23\/ 1\/4 should be paid to Lewis Foscue for\u00a0Susan and Simon Foscue to keep the final 1\/4 for the education of Amos.<\/p>\n Simon Foscue, Fred. Becton, and James Harrison were bound to Lewis\u00a0Foscue, George Oldsfield and wife Sally for $300.00 in 1828. \u00a0Superior Court, Carteret Co \u2013 Fall Term 1824 \u2013 came Simon Foscue by his\u00a0attorney Edward Graham for his writ against Lewis Foscue \u2013 he to render\u00a0a Negro man Tom of the value of $700 who was unjustly detained to the\u00a0damage of $500. Lewis Foscue was a defendant and his attorney was John\u00a0H. Bryan \u2013 Lewis asked for a change of place of court and it was moved\u00a0to Carteret County \u2013 Lewis won’t admit Tom was the property of Simon\u00a0Foscue. Slave belonged to Simon Foscue, Senr who died in possession of\u00a0said slave \u2013 the Will bequeathed the slave to his son Stephen \u2013 Simon\u00a0said the slave was his under the deed of April 1809 from his father \u2013\u00a0Plaintiff contends there can’t be a life estate in chattles and Simon\u00a0Foscue Senr owned Tom when he died \u2013 the judgement gave to the\u00a0plaintiff and the case was appealed to the NC Supreme Court<\/p>\n Indenture \u2013 20 April 1809 <\/strong>\u2013 Simon Foscue Senr of Jones County to Lewis\u00a0Foscue and Sally Foscue, daughter of said Simon \u2013 for natural love and\u00a0affection \u2013 lands and negros \u2013 unto Lewis 2 negros named Martin and Tom\u00a0and 1\/2 of the tract where I live which is the upper tract reserving to\u00a0my wife Betty for her natural life, the Dower rights \u2013 to Sarah I give\u00a04 negroes \u2013 Nerow, Charles, Peter and Lucy \u2013 all after my death<\/p>\n NOTE: There are a large number of receipts in the folder. There is also\u00a0an account of the estate of Simon Sr and accounts for Betsy and Stephen.<\/p>\n Petition of John E. Foscue of Jones County – he was the exec of Simon\u00a0dec \u2013 the late Simon Foscue at May Term in 1830 of the Craven Court\u00a0obtained a judgement against Robert V. Orme for $718.10 of which\u00a0$600.40 was principal and bears interest until paid. One of the\u00a0petitioners was Elizabeth Foscue and one was George Oldsfield, husband\u00a0of Susan (sic) – \u2013 Orme is insolvent and couldn’t pay the judgement –\u00a0Stephen Foscue another petitioner is dec but before his death he\u00a0released the said Simon of his share in the suit.8 June 1831 \u2013 signed\u00a0John E. Foscue<\/p>\n Elizabeth Foscue vs Foscue’s Executor and Dorcas Foscue \u2013 John E.\u00a0Foscue was the exec and Hardy Bryan was the guardian of Dorcas Foscue a\u00a0lunaticThe plaintiff states her father made a Will and bequeathed her\u00a0the slave (not named); the executor refused to turn over the slave\u00a0pretending the testator had made a Deed of Gift of the said slave to\u00a0Dorcas Foscue then under the executors guardianship; Elizabeth wished\u00a0to have the slave June 7, 1838. \u00a0John E. Foscue was the executor of Simon Foscue dec who was the\u00a0executor of Simon Foscue Sr, dec \u2013 Simon Sr. in his Will gave Elizabeth\u00a0a slave named Norris \u2013 Elizabeth requested her legacy after 2 years and\u00a0her brother promised the legacy upon a certain event happening which\u00a0did happen but he then refused to provide the legacy alleging that\u00a0before Simon Sr died he conveyed by deed of gift the sd slave to Dorcas\u00a0Foscue who is a person of infirm mind and Simon Jr was her guardian \u2013<\/p>\n Elizabeth sued in Court Fall Term 1826 for her legacy and she won but\u00a0the judge set the verdict aside and granted a new trial in a different\u00a0County \u2013 the trial was not held and the defendant died in 183\u2014leaving a\u00a0Will \u2013 the slave went in the possession of John E. Foscue and now into\u00a0the possession of Hardy Bryan \u2013 when Simon Sr made the deed the slave\u00a0Norris was young but small and now is very valuable and hired out.<\/p>\n The defendants deny everything \u2013 their attorneys were Jno H. Bryan and\u00a0W. C. Stanly.<\/p>\n George Oldfield was the Adm of Stephen Foscue<\/p>\n DEPOSITIONS<\/p>\n 1. 8 Feb 1826 – Nancy Foscue \u2013 wife of Simon Foscue dec \u2013 she kept\u00a0notes of Simon and there were two notes – one on son Simon, his son\u00a0and one on Fred, his other son \u2013 should could not read the notes but\u00a0from what her husband said, Simon Sr could not have owned more than\u00a0$400 to $500 \u2013 signed by mark \u2013 taken at the house of Nancy Foscue and<\/p>\n Henry Shute<\/p>\n 2. 8 Feb 1826 \u2013 Henry Shute \u2013 lived with the family for a month or\u00a0two before the death of Simon Sr \u2013 said Simon expected to die and\u00a0talked several times about his business and how he intended to leave\u00a0his estate \u2013 he had brought of Benjamin Brochet a piece of land for\u00a0$1000 – $200 of which was paid and Brochett had his note for $800 and\u00a0that note was in the hands of Frederick Foscue and though not due, Fred\u00a0was dunning him for a payment on it by a note which he the decd held on \u00a0his son Simon for about $400 \u2013 Simon Sr did not care to do\u00a0this \u2013 signed name<\/p>\n 3. Frederick Foscue \u2013 held a note payable to Benjamin Brochet for\u00a0$800 \u2013 agreed to take the note on Simon Jr for $400 negotiable at the\u00a0Bank<\/p>\n 4. John N. Stephenson \u2013 stated he lived with old Mr. Foscue from June\u00a01814 to his death the follow Nov.<\/p>\n Inventory of Simon Foscue, Sr.<\/strong><\/p>\n List of usual farm animals, notes, household goods etc<\/p>\n List of Slaves<\/p>\n Anthony aged 20<\/p>\n Joe 15<\/p>\n Gilbo 15<\/p>\n Jack 12<\/p>\n Dick 12<\/p>\n Moses 11<\/p>\n York 8<\/p>\n Will 6<\/p>\n Melton 65<\/p>\n Woman Lettie 55<\/p>\n Girl Jude 13<\/p>\n Jenny 2<\/p>\n Violet 60<\/p>\n Other slaves listed in the will but their ages not given<\/p>\n Among the other items in the estate of interest were \u2013 12 horses, 65\u00a0cattle, 2 yoke oxen, 2 carts, 1 pair of old wheels, 41 head sheep,\u00a0riding chair, 9 beds and furniture, 2 mahogany dining room tables, 1\u00a0maple and 1 pine table, 1 dozen windsor chairs, 7 hogs, 9 sows, 52\u00a0geese, corn etc<\/p>\n Buying from the estate:\u00a0Simon Jr, John Baines, James R. Bryan, Edward Mumford, Peter Andrew, \u00a0Robert Kornegay, Gray M. Gordon, John McDaniel, Hesekiah Merritt, Wm.\u00a0H. Conner, Augustus Foscue, Isaac Kornegay, Thos. Lewis, James Oliver,\u00a0Risdon McDaniel, Amos Amyet, Lewis Whitby, Needham Simmons, Lemuel\u00a0Hatch, Adam Andrews, Enock Amyet, James Merritt, Jno. Green, Thos Lee,\u00a0Ed Hatch, Jno Nichols, Thos. Murphy, Levi Moore, Asa Hatch, Josh Smith,\u00a0John Davis, Stephen Foscue, Nancy Foscue, Sally Foscue, Enoch Foy,\u00a0Clement Davis, Richard Crutchfield<\/p>\n Negroes sold on Dec 13 & 14<\/p>\n Lettice and her three children to Enoch Foy<\/p>\n Boy Duke to Wm. H. Conner<\/p>\n Girl Jude to Sally Foscue<\/p>\n Man Anthony to S. Foscue<\/p>\n","protected":false},"excerpt":{"rendered":" NC SUPREME COURT CASE #1343 \u2013 FOSCUE vs FOSCUE \u2013 1819 \u2013 Jones County. Will of Simon Foscue, Sr. Found at NC Archives. NOTE: It appears there may be several legal actions within this one\u00a0case. Superior Court, Jones County \u2013 Sept 1819 Feb. 1819 – Elizabeth Foscue, Stephen Foscue, an infant by his next\u00a0friend Lewis … Continue reading “Will of Simon Foscue, Sr. 1819”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":188,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-230","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages\/230","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/comments?post=230"}],"version-history":[{"count":0,"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages\/230\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages\/188"}],"wp:attachment":[{"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/media?parent=230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}