The Bill of complaint of Counsil Wooten & Simon S. Becton plantiffs\u00a0against John E. Becton……&\u00a0other defendants<\/p>\n
To the Judge of the Court of Equity for Lenoir County<\/p>\n
Humbly complaining shew unto your Honour your orators Counsil Wooten of\u00a0Lenoir County & Simon S. Becton of Jones County that Susan Jones late of\u00a0Craven County departed this life in the Spring of the year 1848 leaving a\u00a0bad will & Testament which has been duly proved & recorded in Craven County\u00a0Court, to wit at June Session 1848 & by which Said bad will the testatrix\u00a0among other things bequethed as follows, “I am anxious to reward the\u00a0meritorious servis of the following named Slaves with the boon of freedom\u00a0namely Phillis, Ester, Nancy, Patsy. Scot, John, Amey, Plesant, Fortner,\u00a0West, Mary, & Sarah which four last named are the children of Amy and all\u00a0their further issue & increase, and I request & direct my Executors to apply\u00a0a sum not exceeding Three hundred dollars to pay their passage & settle said\u00a0slaves in some one of the free State and all the rest & residue of my estate\u00a0I give and devise in the following manner, that is to say to my brother\u00a0Simon Becton his Executors and adm’rs one fourth part of said residue to my\u00a0nephew John E. Becton son of my deceased brother Frederick E. Becton & his\u00a0Executors & adminstrators one fourth part of said residue to the children of\u00a0my sister Nancy Isler deceased one fourth of said residue in absolute\u00a0property & to the children of my deceased sister Betsey Isler in absolute\u00a0property the remaining fourth of said residue I appoint my brother Simon S.\u00a0Becton of Jones County & Counsil Wooten my Executors”: That the testatrix,\u00a0said will was published on the 26 July 1847 and not afterwards – that by her\u00a0said will she bequeathed to Penny Jones $400 in cash – To Susan the infant\u00a0daughter of Malvinia Dimock $200 in cash – to Mrs Mary Brown the Dwelling \u00a0House of testatrix for her lifetime and all the household & kitchen\u00a0furniture and $200 in cash – And after Mrs Browns death to Elizia the wife\u00a0of your Orator Counsil Wooten – Rebecca the wife of William Herring, Eveline\u00a0the wife of William Fort, Susan the wife of Levy Dawson, Rebecca the wife of\u00a0John Wooten, and John Islier to be equally divided between them & their\u00a0Heirs, the said Testratrix devised by the said will her Dwelling House in\u00a0Newbern more particularly described in the said will a copy of which is\u00a0herewith filed as part of this Bill, marked A. And your Orators shew\u00a0further unto your Honor that they have undertaken the office of Executors of\u00a0said. And after being duly qualified in Craven County Court have possessed\u00a0themselves of all the estate & property of the testatrix a true & full\u00a0inventory of which property has been filed in said County Court and a copy\u00a0is herewith filed marked B. They have paid the debts and funeral charges of\u00a0their Testatrix and there is a large residue on had which they are ready to\u00a0account for, with the legatees aforesaid and pay all the specific legatees\u00a0according to the true intention of said will, and to perform the Trust\u00a0confided to them by their textatorix but unexpectedly to your Orators\u00a0several doubts & difficulties arising out of the provision of the will of\u00a0their testatrix and the laws of North Carolina as herinafter stated here\u00a0presented themselves and your Orators have therefore found it impossible to\u00a0settle their accounts & execute the trust aforesaid with safety to\u00a0themselves and with justice to others without the previous advice &\u00a0direction of your Honor: “Your Orators shew that the said negro slaves\u00a0named in the will were owned by the testatrix, at the date of her said will\u00a0& also at her death & they are all in possession of your Orators as her\u00a0Executors except West who is dead – that several other negroes the children\u00a0of said Slaves are also in your Orators possession to wit: little Plesant\u00a0born after 26 July 1847 & before the Tesatrix death and Moris Bryant, Henry\u00a0& Ransom<\/p>\n
See procedings<\/p>\n
The children of Nancy Isler deceased named in said will are Eliza\u00a0the wife of Counsil Wooten one of your Orators Rebecca the wife of William\u00a0Hering 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\u00a0of Wayne County and Edwin B. Isler of Jones County. The children of\u00a0Elizebith Isler named in said will, are Susan the wife of Levy Dawson of\u00a0Pitt County, Rebecca the wife of John Wooten of Wayne County and John Isler\u00a0of Jones County<\/p>\n
Your Orators shew unto your Honor that before they had an opportunity to\u00a0perform that part of the testatrix will which authorized & directed said\u00a0slaves to be emancipated the residuary legatees aforesaid or some of them\u00a0put up a claim that the said bequest of emancipation is void on its face and\u00a0that your Orators are bound to account with them for the said slaves, as a\u00a0part of the residuary estate of Susan Jones deceased, and that if your\u00a0Orators took any steps for emancipating said slaves or for their removal out\u00a0of the state the defendants, would charge your Orators for their value;\u00a0Secondly the said residnary legatees the defendants put up a claim that if\u00a0not altogether void the said legacy of emancipation does not include the\u00a0young slaves born as aforesaid after said 26 July 1847: – Thirdly the said\u00a0residuary legatees the defendants here put up the claim that your Orators\u00a0shall not remove said slaves out of N. Carolina untill they have been first\u00a0emancipated by a court in North Carolina – Now your Orators cannot obtain an\u00a0order of the court to emancipate said slaves without giving a bond in the\u00a0penal sum of $1000 for each slave conditioned that said slave will leave the\u00a0state & never return into it. Your Orators are unwilling to become bound\u00a0individually for so large a sum of money;without indemnity & they have been\u00a0advised that the estate of the testatrix is in this court bound to indemnify\u00a0them against loss or the \u00a0hazard of lost to be incurred by given such bonds\u00a0as the law requires for fulfilling a trust of the will & if that were\u00a0admitted by the defendant your Orators would at once proceed to emancipate\u00a0said slaves according to the true intent of the said will: But the said\u00a0defendants refuse to give the bonds required themselves and deny your\u00a0Orators right to hold the property of the testatrix or any part of it for\u00a0them indenity and they insist upon your Orators settling with them & paying\u00a0over the residue to them at once, without any kind of Indemnity to your\u00a0Orators this your Orators are not willing to do: and your Orators are again\u00a0enbarrassed by the complicting claims of the slaves themselves to be\u00a0emancipated according to the will of the testratix and the adverse claims of\u00a0the defendants to hold them in bondage as aforesaid: Your Orators have a\u00a0strong desire to act conscienciously & to carry into effect the will of\u00a0their Testatrix: But they do not intend to violate the laws knowingly nor\u00a0imprudently to put in jeopordy their whole estate without indemnity from\u00a0some greater and they therefore seek the advice of this Honourable court\u00a0Whether the said bequest of emancipation is void in its face or otherwise &\u00a0to whom your Orators right in such a case to deliver up said slaves or how\u00a0remove them for the purpose of emancipation: if the said bequest is not\u00a0void: 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\u00a0be at liberty to send them out of the state at all before they are first\u00a0emancipated in N. C. by petition in court for that purpose according to the\u00a0act of assembly: If such emancipation by a court of N. Carolina be\u00a0indispensible for your Orators protection in the premises aginst liability\u00a0for the value of said slaves: whether your Orators are not entitled to hold\u00a0the rest of the estate; as an indemnity in any form: and if your Orators\u00a0are not entitled to be\u00a0indemnified against the hazard of ruin to their own families by the future\u00a0return of said slaves to N. C. after Bond as required by Law shall have been\u00a0given then your Orators are unwilling to give any such bonds & unless the\u00a0same shall be emperetive & unavoidable they will not do it and upon that\u00a0they ask the advise & direction of this court: Your Orators are advised\u00a0that the slaves aforesaid being themselves capable of taking a legacy of\u00a0their freedom ought in some form to be made parties & heard and each one for\u00a0himself may provide the necessary security for taking the benefit of the\u00a0Trust in the will aforesaid whereupon your Orators do cheerfully submit that\u00a0they will have him or them emancipated according the said will & laws of the\u00a0state: but the defendants who are residuary legatees deny that the said\u00a0slaves have any such right or the priveledge of being heard in this behalf\u00a0before your Honour or any other judicial tribunal &c: – Should your Orators\u00a0be mistaken in this then it is respectfully admitted to your Honour. In the\u00a0midts of their conflicting claims & surrounded as they were by these doubts,\u00a0your Orator here found it both dangerous and difficult to proceed in their\u00a0office: and without the advice of your Honor they are not able to settle\u00a0their administration or to execute the Trusts confided to them with satify\u00a0to themselves & justice to all others: they hereby submit to have an\u00a0account of their adminstration of the estate of their Testatrix taken under\u00a0the directions of your Honour: In tender consideration of the premises: &\u00a0for as much &c\u00a0That the will of the said Susan Jones may be interpreted and construed, \u00a0& the right of the defendants and the duties of your Orators declared &\u00a0determind by your Honour & that your Orators may execute their Trusts as\u00a0Executors correctly under the sanction & advice of this Court & that such\u00a0other & further orders & decrees may be made in this behalf as will settle\u00a0the rights of all parties & protect your Orators against future controverses, and that your Orators adminstration of said Susan Jones dec’d\u00a0estate may be settled in this Court with the defendants, and that your\u00a0Orators may have such other & further relief and aid in the premises as the\u00a0nature of the case requires &c.<\/p>\n
May it please your Honour to cause the states Writ of Subpoena to be\u00a0issued to John C. Becton of Wayne County, W’m Herring & his wife Rebecca:\u00a0William B. F. Fort & his wife Eviline to be served on Addison G. Person his\u00a0Guardian &c: Edwin B. Isler, Levi Dawson & his wife Susan, John Wooten &\u00a0his wife Rebecca & John Isler, and to John H. Becton (of Tennessee)\u00a0commanding them to be and appear &c to answer &c; &c: And to notify George\u00a0S. Stevenson Solicitor &c of this suit by handing a copy of this Bill &c W’m\u00a0H. Haywood Jr. for Pltt.<\/p>\n
C. Wooden & Beckon\u00a0that the said slaves are held by your Orators upon Trust in the venue of a\u00a0charitable use to be executed under the order of this court & that for that\u00a0purpose George Stevenson Esq – the Solicitor for the circuit is entitled to\u00a0represent the state & to direct the said Trust though the M’r defendants\u00a0aforesaid do deny this & streniously insist that the slaves are held in\u00a0Trust for them and the said George S. Stevenson Esq as in duty bound doth\u00a0contend that the questions aforesaid must be determind by this court & for\u00a0that purpose he doth insist that the said slaves are held in venue of a\u00a0charitable use by your Orator for removal & emancipation and that your\u00a0Orators will be bound to answer for a breach of trust in case they are\u00a0surrendered to the residuary legatees.<\/p>\n
On reverse: Bill in Equity. Services accepted. John W. Isler. September\u00a0the 11 1851. Copy delivered to me G. S. Stevenson.<\/p>\n
Source: North Carolina Supreme Court Case #6483.<\/p>\n
Folder: Council Wooten,\u00a0et al v. John E. Beckon,\u00a0et al. Also in Volume 43 of North Carolina Reports, page 66. (Dec. 1851)<\/p>\n","protected":false},"excerpt":{"rendered":"
The Bill of complaint of Counsil Wooten & Simon S. Becton plantiffs\u00a0against John E. Becton……&\u00a0other defendants To the Judge of the Court of Equity for Lenoir County Humbly complaining shew unto your Honour your orators Counsil Wooten of\u00a0Lenoir County & Simon S. Becton of Jones County that Susan Jones late of\u00a0Craven County departed this life … Continue reading “Wooten vs. Becton”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":287,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-405","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages\/405","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=405"}],"version-history":[{"count":0,"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages\/405\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/pages\/287"}],"wp:attachment":[{"href":"https:\/\/www.ncgenweb.us\/jones\/wp-json\/wp\/v2\/media?parent=405"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}