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Estate File of
Matthias Turner, Sr.
Generously contributed by James D.
Martin |
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TABLE OF
CONTENTS
Significant Events
.............................................................................................................................
iv
Introduction
.......................................................................................................................................
v
Will of John Turner
..............................................................................................................................
1
Complaint of Rebecca Turner in Spartanburgh
Equity Court ................................................ 3
Refiled Complaint of Rebecca in
Pinckney Equity Court
......................................................... 7
Will of
Matthias Turner
.....................................................................................................................
13
Agreement Between Matthias Turner and
Wilson Nesbitt
..................................................... 15
Executor Appointment
for Matthias Turner's Estate
.............................................................. 16
Publication of Executor Citation
...................................................................................................
16
Appraisal of Matthias Turner's Property
.....................................................................................
17
Response of Wilson Nesbitt to
Rebecca's Refiled Complaint
............................................... 19
Revised Bill of Complaint
................................................................................................................
21
Plea of John Campbell
.....................................................................................................................
28
Plea from Richland
District SC
......................................................................................................
29
Answer of Wilson Nesbitt to
Bill of Complaint .......................................................................
31
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SIGNIFICANT EVENTS
Date Event
9 May
1813 John Turner's Last Will and Testament made
May
1813 John Turner dies
5 Jul
1813 John Turner's Will presented to Spartanburg District
Ordinary for probate.
20 Oct
1817 Rebecca Turner owned five negroes
20 Oct
1817 Rebecca Turner, age 73; allegedly agreed to transfer
the five negroes
to the care
of her son Matthias Turner
17 Nov
1817 Complaint of Rebecca Turner and Joseph Price filed in
Equity
Court,
Spartanburgh District
Nov
1817 Matthias Turner request Col Wilson Nesbitt to write a
Bill of Sale
for the five
negroes
2 May
1818 Rebecca Turner files Complaint in Equity Court,
Pinckney District
27 May
1818 Matthias Turner prepares his Last Will and Testament
27 May
1818 Agreement between Matthias Turner and Col Wilson
Nesbitt made
27 May
1818 Wilson Nesbitt purchased the five negroes from
Matthias Turner
Jun
1818 Matthias Turner dies
6 Jul
1818 Executor appointed for Matthias Turner's Will
18 Jul
1818 Publish Matthias' Executor Appointment Citation
21 Aug
1818 Joseph Price qualified as Executor of John Turner's
Estate
31 Aug
1818 Inventory and Appraisal of Matthias Turner's property
completed
About
1819 Wilson Nesbitt responds to the Bill of Complaint
9 Feb
1820 Judge James issues decree setting aside the sale from
Rebecca to
Matthias
Turner [document missing]
1820-
1825 Bill of Complaint refiled in Equity Court,
Spartanburgh District
1834-
1835 Petition for Bill of Review in Equity Court
[document missing] Before 1836 Rebecca Turner dies
About 1836
After Rebecca's death apparently the children of Matthias led by
William B. Turner, his eldest son and an Attorney, continued to
plead the case against Wilson Nesbitt. This document was not
included in those received from SC Archives.
About
1841 Answers of Wilson Nesbitt to Bill of Complaint
Note:
Rebecca Turner is
the wife of John Turner Matthias Turner is the son of John and
Rebecca
Joseph Price
is a Son-in-law of John and Rebecca Wilson Nesbitt is a business
associate of Matthias Turner
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INTRODUCTION
1. ESTATE FILE OF
MATTHIAS TURNER.
This is the Title given to this
study as it includes those documents from the South Carolina
Archives that make up the Estate File of Matthias. However, as there
is considerable interplay with the death of Matthias' father, John
Turner, I have included John Turner's Last Will and Testament
herein.
2. DATING THE DOCUMENTS.
Several of the documents
from this file are not dated. After careful reading of the document
itself, I have used a date found internal in the document or
assigned an approximate date based on the document content and the
relationship to other events.
3.
JOSHUA RICHARDS.
The name of Joshua Richards as
Executor is found in the Will of John Turner. Joshua Richards was
from North Carolina and a Veteran of The Revolution. He was also
Pastor of the Goucher Creek Baptist Church located in the northeast
part of Spartanburgh District.
4. WILLIAM COLLINS.
This name appears on several of
the documents as Witness. William is believed to have been the
Sheriff of Spartanburgh District in the early 1800s.
5. ABNER BENSON.
This name also appears on several of
the documents as Witness. Abner Benson was one of the largest
landholders in Spartanburgh District during the early 1800s. His
holdings extended from the north side of the North Tyger River
eastwards to the Thickety Mountain area.
6. DOCUMENT ARRANGEMENT.
The documents herein are
arranged in order according to their actual or estimated dates.
7. CHILDREN O F
JOHN TURNER.
These children are listed partly in
his Will and on Page 4, Lines 65 thru 74. They are listed in the
Family Group Sheet based on the order in which they appear in the
Complaint with approximate dates of birth.
8. TRANSCRIPTION.
The original Complaint starting on
Page 3, and the Revised Bill of Complaint starting on Page 21 are
transcribed on a line for line basis; precisely reflecting the same
lines of the original documents. The copies of the documents
received from the South Carolina Archives were produced from
microfilm of the originals. These copies were very dark at the edges
and in many cases, the words could not be read. The missing, or
unreadable words, are indicated by spaces between square brackets.
If anyone has a previously transcribed copy of these or access to
the originals, I would appreciate any corrections or additions.
9. LINE 60 ON
PAGE 4 had almost a
complete line inserted between words. The font size was reduced to
maintain line numbering integrity.
10. TERM
"BAN DRY".
This term is a contraction, or short
hand for the word "hus-bandry" meaning the care of animals and
stock. It is found on Page 21 Line 15 and Page 22 Line 37. |
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Last Will and Testament
of
John Turner
[9 May 1813]
State of South Carolina
Spartanburgh District
In
the name of God Amen. I John Turner of Spartanburgh District &
State
aforesaid being of sound and disposing mind and memory but calling
to mind the uncertainty of my
long continuing on this Earthly to be parte being now an old
man
& desirous to regulate and adjust my affairs while present, have
thought proper to
make this my last will and testament disposing of the property at
hath pleased God to
bless me with in the following manner.
Imprimis.
After paying all my just debts I lend unto my beloved son Nathan
Turner one Negro man named job and all my smith tools during his
natural life for his
portion and as I believe he is an insane person my Executors shall
have the charge of
his property and see to the taking care of him and after his death
it is my will what is
left shall return to my estate and equally divided among all my
lawful heirs share & share alike.
2nd
I lend unto my beloved
daughter Sally Turner one Negro woman named Sarah and one feather
bed & furniture for her portion during her natural life & my
executors shall have the full charge of her property and see to the
taking care of her, and after her death it is my will what is left
return to my estate and be equally divide among all my lawful heirs
share & share alike.
3rd
All the rest of my property real and personal I Leave to my beloved
wife Rebekah Turner during her natural life for her support and
maintenance.
4th It is my will and
desire after the death of my beloved wife Rebekah Turner all my
estate to real and personal be equally divided between & among all
my children or their lawful heirs share & share like.
5th
I here constitute and appoint Joseph Price and Joshua Richards
Executors of this my last will and testament and invest them with
full power to divide my estate as aforesaid without any order of
Comt. Ratifying acknowledging & confirming the same this 9th
day of May 1813.
Att
Jesse Turner Jon. Turner [Seal]
Rachel Price
Robert Price
South Carolina Spartanburgh
District by William Lancaster Ordinary SD
Personally appeared before me Joshua
Richards who being duly sworn on the Holy evangelist of Almighty
God, doth make Oath and say that he saw John Turner sign, seal,
publish, pronounce and declare the same to be and contain his last
will and
testament that he the said John
Turner was then of sound & disposing mind, memory, and understanding
of the deponents Knowledge & belief.
Joseph Camp esqr. being also sworn
say he could not prove the hand writing of the
deed tho' had seen his hand
writing was often with him & never discovered but what he was in his
right mind. 17 Augt 1818. On the twenty first day of August 1818
Joseph Price named Executor in said will came forward & was
qualified.
W. Lancaster
O. S. D. |
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Complaint of
Rebecca Turner and Joseph Price
vs.
Matthias Turner and Wilson Nesbitt
[17 Nov 1817]
State of
South Carolina In Equity
Spartanburgh District
To the
Honourable Judge of the Court of Equity of the said State -
Humbly
complaining & here write your Honour your Oratrix Rebecca Turner
and Orator
Joseph Price that John Turner (late husband of your Oratrix) being
of sound mind and memory did on the ninth day of May one thousand
eight hundred
and thirteen duly make and execute his last Will and Testament and
shortly afterward died leaving the same unmarked did us fully forge
- And make and by the said Will did appoint Joshua Richard and
Joseph Price Executors
did of - that
the said Will is as presented to the Ordinary of Spartanburgh
District for Probate on the fifth day of July 1813 and to [
]Will refusing to take the necessary [ ] to plead the same
they be in [ ]expecting to get their share of the Testators Estate
sooner by not having the said Will as they were the Children and
heirs of the said Testator and he by his Will having given the
property in which they were to have a part to his wife your Oratrix
during her natural life and at her death to be divided between the
said colegatees to the Will and others: On which refusals of the
said colegatees to the said Will to [ ]
Administration of all and singular the goods and chattels rights and
orders of the said John Turner was granted to his Widow your Oratrix
and gave Wilson Nesbett [ ] or security for the [
I
dealings of his duty a copy of which being
exhibited and marked H - that all the personal Estate of the said
John Turner Decd was sold by order of the Ordinary by your Oratrix
the Administratrix and that said Oratrix [ ] and at the sale
of the said Estate the following negroes, Job Ruben,
Sarah
John and Ephraim being the property of the said John Turner at the
time
of his death - Your Oratrix and Orator further shew unto your
Honours that on the seventeenth day of August 1818 the Will of the
said John Turner was duly proven before the Ordinary of Spartanburgh
District and the Administration of your Oratrix revoked and that
your Orator Joseph Price qualified as Executor
to the
said Will and that Joshua Richards the other Executors refused to
qualify that your Orator Joseph Price obtained letters testamentary
and took [ ] the execution of the said Will all which will
be made fully appears by [Exhibit ?]
hereunto filed and marked A. And your Orator and Oratrix further
shew unto your
Honours that
there was an appeal taken from the decision of the said Order of in
the proving of the said Will and the administration aforesaid to the
Court of Common Pleas filed for the District of Spartanburgh which
said
Court of common pleas rescinded the said appeal hereby confirming
the decision of the Ordinary in the establishing the said Will and
revoking the Administration aforesaid & your Orator and Oratrix
further shew unto your Honours that the said John Turner in and by
his said will did leave unto his son Matthias a negro man named job
during his natural life who was and Estate is in said and give the [
] and change of his son and property to the said Testator Executor
and after the death of his son divide that which is left of his
Estate shall be trust to the Estate of the said Testator and be
equally divided among all his lawful heirs share and share alike.
And the said Testator by his said Will lends unto his Daughter
Sarah
or Sally Turner among other things a negro woman named Sarah
for
his natural life and the Executor the same as a change of that from
and Estate of the said Sally and divide that what is left after the
death of his Daughter Sally shall return to the Estate and be
equally repaid amount all his legal heirs share and share alike
which said negroes job and Sarah [ ] of those sold by the
Administrators of the said John Turner Decd at [ ]of
his Estate before stated and purchased by your Oratrix. And the part
[cannot read -
may
not be any writing present;
burnt out]
Testator in
and by his said Will leaves all the rest of his property real and
personal to his wife Rebecca Turner your Oratrix during her natural
life for her support and maintenance and after her death divide all
the said property given to his wife to be equally divided between
and among all her children or other lawful heirs of age made
share alike a
copy of which said Will is [ ] presented as
Exhibit B. Your Orator and Oratrix further
tells unto your Honours that Sally Turner
the daughter
and legatee of the said Testator on or about the day of one thousand
eight hundred and died is without being married and intestate since
the death of her Father the Testator. Your Orator and your Oratrix
further states unto your Honours that the Testator had in following
children (to wit), Samuel Turner who died before the Testator
leaving several children now alive. William Turner who died before
the Testator leaving several children now alive. John Turner now
living fall and he is deceased, died since the death of the Testator
leaving a wife and several children. Molly Byars wife of Nathan
Byars now living. Unisa Price wife of Joseph Price your Orator is
living. Rachel Price wife of Robert Price who has died since the
testator leaving several children now living. Henry Turner Deceased
since the Testator leaving several children now living. Matthias
Turner is living. Polly Turner now Polly Price entered marriage
since the death of the Testator to Russell Price & Sally Turner who
is died since the time of the Testator death unmarried. Your Orator
and Oratrix further shewers to your Honours that John Turner the
Testator at the time of death is not indebted to any person neither
has any debt been rendered in against the Exo since his death which
is now about seven years. Your Orator and Oratrix further States
unto your Honours that your Oratrix says this Seventeenth day of
November in the year of our lord [ ] eight hundred and
seventeen possessed and at the time believed to be her own
five
negroes (to wit) Job, Ruben, Sarah, John & Ephraim being all the
negroes she possessed and being the negroes of John Turner Deceased
at his death which
[ ]
of the value
of two thousand five hundred dollars that your Oratrix bring about
security thru years of age and being infirm and leaving last us some
degree her memory and being unable to attend to the said negroes in
the cultivation of her land did the same day and year aforesaid
agree to sell her son Matthias Turner who had
no
lands of his own to live on & that he should take the care and
management of the negroes aforesaid her house and implements of her
bandry and [ ] and [ ] her land during your Oratrix
life take all the profits and enhancements arising from the
Custodian thereof with the negroes, horses and tools of this bounty
aforesaid provided he the said [ ], would maintain support and
[ [ your Oratrix and find her the courses necessary of life and
feed and take [ ] of her [ ] during her life
which he agreed to do. That the said Matthias was to give Bond and
surety to your Oratrix for the faithful performance of his agreement
aforesaid and your Oratrix was to give to the said Matthias
instrument of working containing the agreement [understand ?] that
your Oratrix being of want [ ] and illiterate can see this
write was read writing neither can this said Matthias but reposing
great confidence in him her said and believing that
he would not
thought to deceive and defraud your Oratrix consented he should find
some person to do all this writing conformable to make the agreement
aforesaid that on the same day and year aforesaid the said [allotur?]
presented to your Oratrix an with consent of writing which is not
read to his (in the hand writing of Wilson Nesbitt that the said
Matthias do said it was drawn according to this agreement before
made and your Oratrix believing what he said to be true required the
same which was [ ] by the two son of the said
Matthias although Col Wilson Nesbitt was there at the house though
he does not recollect that he was in the house when the said writing
[ ] [
1
that
your Oratrix and Orator have been informed and will be [ ]
[this line
appears to have been "x"ed out by the writer]
This is the
end of this Document as provided by the SC Archives
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Refiled Complaint
Of
Rebecca Turner and Joseph Price
vs.
Matthias Turner and Wilson Nesbitt
[2 May 1818]
State of South
Carolina In
Equity
Pinckney
District
To the Honorable the Judges of the
Court of Equity of the said State.
Humbly Complaining show unto you now
your Oratrix Rebecca Turner that your oratrix on the twentieth of
October in the year of our Lord one
thousand eight hundred
and seventeen owned and possessed five negroes to wit job Reubin
Sarah, her child him the son, and Ephraim being all the negroes She
owned except an old woman upwards of seventy years old, which were
of the value of three thousand
five hundred dollars, that your Oratrix being about Seventy three
years of age
and very infirm and having lost in some degree her memory and being
incapable
to attend to the said negroes in the
Cultivation of her lands did on the same day and your aforesaid
agree with her son Matthias Turner who had no plantation of his own
to
reside on, that he should take the care and management of the
negroes aforesaid her horses and implements of husbandry and works
and Cultivate her land during the Oratrix life and have all, the
benefits and entitlements arising from the cultivation thereof with
the negroes home and tools of husbandry aforesaid provided he would
maintain and support and do The your Oratrix and find her answer
necessary of life and feed and take care of her Stock which he
agrees to do that the said Matthias was to give about to your
Oratrix in which he should bind himself to her keep and perform his
agreement aforesaid with your Oratrix and she was to give to said
Matthias an instrument containing the agreement in her past that
your Oratrix being ignorant and illiterate can neither count or read
writing neither could the said Matthias but refusing great
confidence in him and believing he would not attempt to deceive
and
defraud your oratrix consented he should procure some person to draw
the writing. After and in able to the agreement aforesaid that on
the same day and year aforesaid
the said Matthias presents to your oratrix an instrument of writing
which was not read to her but the said Matthias declared that it was
drew confirmable to the agreement aforesaid and your oratrix
believing what he stated to be true signed the same which was
witnessed by the two sons of the said Matthias as alltho the person
who drew the said instrument was about the house tho she does not
know that he was in the house when the same was signed by her, that
your oratrix at the same time recover the paper herewith filed and
Marked B which the said Matthias said contains the agreement on his
part but was not read to your oratrix as she recollects which from
the information she has received appear to be a bond signed by the
said Matthias and Wilson Nesbitt conditioned for clothing and
maintenance of your oratrix during her natural life.
That your oratrix believing
that every thing that had been done by her son was fair & honest
handed over to him the care and management of the said five negroes
horses implements of husbandry and lands in pursuance of the
agreement aforesaid that shortly after the said Matthias had gotten
the negroes aforesaid into his possession your orators was informed
that the instrument of which she had signed to the said Matthias
supporting and believing it to contain her agreement with the said
Math this aforesaid was an absolute bill of sale for the said five
negroes from your oratrix to the said Matthias expressing a
consideration of Eighteen hundred dollars to the great
astonishment this surprise of
your oratrix the same having been recorded She procured along which
is herewith exhibited and Marked A. Your oratrix further shews to
your
Honours that shortly after she
discovered the deception and fraud of said son Matthias she asked
him if he had such a bill of sale for the negroes he did and he had
and said the said negroes were his own and he intended to keep them,
that your oratrix then demanded the said bill of sale and negroes
from the said Matthias who refused to deliver them to your oratrix
Stating at the same time that your oratrix had made
another
agreement with him subsequent to the first agreement as above set
forth, which he did not pretend to deny by which she had sold the
said five negroes to him provided he would maintain and support her
during her natural life but said nothing of her land horses and
tools of farming which he then had in his possession neither did he
pretend he had any claim to the use of them alltho he was then still
Cultivating the
land of your oratrix with her horses tools of husbandry and the
negroes aforesaid That your Oratrix denies ever making any such
agreement with the said Matthias as
he stated as aforesaid to her
recollection but states to your Honours that a few days before such
agreement was said to have been made by her with the said Matthias a
son of hers by the name of John, to whom she was very much attached,
had visited her
who lived in the western country and
started home and from her age and infirmities never expected to see
him again in this life by which she was much affected and disturbed
and when this disturbed her mind is much impaired and that if she
ever did consent to depart absolutely of her right to the said
negroes to the said Matthias upon the terms stated by him your
oratrix must have been deranged as she has no recollection of the
same and the said Matthias knowing her situation and distress must
have as She with a sorrowful
heart and tears believing fraudulently taken advantage of his Mother
information and weakening and endeavored to save to himself the
principal and Mort valu all parts of her property which your oratrix
intends at her death should be divided between the said Matthias and
ten other children of your oratrix who was equally near and dear to
her that your oratrix is confident that they never could have made
such a contract when in her further state as she was capable of
proper though and reflections she most solemnly declares in the
presence of that God who gave his existence & before who awful
tribunal she must soon appear that she never intended that the said
Matthias should have all the said negroes in the exclusion of the
rest of his brothers and sisters. That she considered and still
thinks that she was doing much for the said Matthias when she
provided him home the use of her land negroes, home & working tools
during her life for the small pittance of her support and her little
stock. That if your oratrix had ever made such a contract with the
said Matthias he made not complain with the same & he may not
furnish anything for her support and maintenance since he has gotten
the said negroes into his possession that the said Matthias still
has the said negroes & bill of sale in his possession and claim the
said negroes as his own under the same and refuses to deliver them
to your Oratrix when applied to for them and that your oratrix has
frequently applied to the said Matthias to deliver her the said bill
and to have an instrument 89
drawn according to the
agreement insisted on by your oratrix or to deliver the said negroes
to her. And your Oratrix well before that the said Matthias would
comply with such her request as in justice and he ought to have done
But now as it is may & please your Honours that the said Matthias
Turner combining and confederating with divers either persons at
present unknown to your oratrix whose names when discovered she
prays may be herein inserted with apt and proper bonds to charge
them as party thereto and construing how to injure and dispossess
your oratrix in the premises absolutely refusing to comply with such
reasonable request of your Oratrix on naming pretenses all which
actings and doings are contrary to Equity and good conscience and
tend to the Manifest wrong of your oratrix in her premises. In
consideration
whereof and for as much as your oratrix is remediated in the
premises by the [ ] of law and cannot
have adequate relief except in a Court of Equity where matters of
this kind are properly cognizable and believable To the end
therefore that the said Matthias Turner and his confederates when
discovered may upon their several and respective knowledge
remembered information and belief a full true direct and perfect and
you make to all and singular the matter aforesaid and that as fully
as if the same were here repeated and they particularly interrogated
thereto and from especially that the said Matthias Turner can be
compelled to answer and set forth whether he did not not make such
agreement with your oratrix as he has stated and insist is the true
agreement and whether if she did make such a second agreement with
him the said Matthias by which she needed the negroes absolutely [ ]
if she was not much disturbed and afflicted at the time at the late
departure of her son John
if she is not seventy three
years old and very infirm and now old and when distressed of from
her age and infirmities she is capable of making a Contract and is
easily informed on and whether he the said Matthias if she did make
a contract as allowed by him did not persuade her to make it by
taking advantage of her then situation and who as present when the
said Contract was made & who witnessed the bill of sale from her to
you and who drew it. And who else was at the house the time of the
bill of sale was signed. Was it read it to her. Did you state to her
it Contract and what did you state was the [ ] can she
write and read writing - where was Coln Nesbitt when she signed the
bill of sale and where was he when you made the Contract for the
negroes and will he testify did he hear her make it - did you not go
or send for him to do the writing between you and and why did he not
witness the bill of sale and where is the bill of sale and is the
exhibit Marked A, A true copy and is the bond Marked B a true copy
of the bond signed by you & Wilson Nesbitt to her and have you not
said you were willing to give up the negroes if Col W. Nesbitt was
willing that he any interest in the negroes is there any agreement
or understanding between you and him that he shall have part of the
negroes is he any way interested in them. Has he not asked you to
deliver the negroes to him & bill of sale also did you not receive
and then to keep them has he any other negroes might he [
] [ ] have you not got them in possession had she
not to other children at the time you get the bill of sale had not
her son John who lives in the western country just been in to see
his Mother who had a few days before you get the bill of sale,
started home and was she not in great distress of news at his going
away. Have you furnished her with any thing towards the support of
herself and stock since you got possession of the negroes.
Have you not often heard her
say she intends to divide her property at her death between her
children had you any land of your own at the time you get the bill
of sale from her do you not live on her land work her horse and make
use of her tools to
cultivate the land. what do you give
her for the use of the land horses and tools. And that the said bill
of sale may be decreed to be allowed to your oratrix or to be null
and void & that the said five negroes may be delivered to your
oratrix and that the said Matthias account to her for the use of
them and also that for the use of her land horses & tools of
husbandry and that your oratrix may have such other and further
relief in the promise as the nature of this case [ ] [ ] and unto
your Honours Shall
seem meet. May it please your Honour to grant unto your oratrix the
Writ of Subpena to be directed to the said Matthias Turner thusly
commanding him at a certain day and under certain [ ] therein to be
instructed formally to be and
appear before your Honour in
this Honourable Court then and there to answer the presents and to
atend to and write such order and decree therein or Your Honour
shall seem agreeable to Equity and good conscience and your oratrix
will ever pray.
J Girt Cornfity Solr
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Last Will and
Testament of Matthias Turner
[27 May 1818]
State of South Carolina
I Matthias Turner of the district of
Spartanburgh and State aforesaid being low in
health but of sound and
disposing mind memory and recollection do make this my last will and
testament in Manner and form following, that is to say,
1st I will that so much
of my estate as will be sufficient to pay my just debts be sold for
that purpose.
2nd
After all my debts are
paid I will give devise and bequeath unto my son William Turner the
sum of Three hundred and fifty dollars to have and to hold unto him
and his
heirs, forever.
3rd I will devise and
bequeath unto my wife Molly Turner during her natural life or
widowhood the remainder of my estate both real and personal and
every other thing or things to me and my wife belonging, to have and
to hold during her natural life or widowhood.
4th In case of the death
or marriage of my wife Molly I will devise and bequeath all my
estate herein willed to her be equally divided among such of my
children as may be living at
her death or marriage.
5th
My
will and desire is that my wife shall support maintain and educate
my children out of the property herein willed to her during her
natural life or widowhood.
6th
I make name constitute and appoint my wife Molley Turner Executrix
and Col Wilson Nesbitt Executor of this my last will and testament
hereby revoking all former will or wills, testament or testaments by
me made In witnefs whereof I have hereunto
set my hand and seal this 27h
day of May 1818.
Matthias (x) Turner
Signed sealed published and declared
by the said Matthias Turner to be his last will and testament in our
presence who in his presence and at his request subscribed our names
as witnesses thereto
A. Benson
William Collins
Thomas Collins
Recorded
27h of May, 1818
W. Lancaster O.S.D.
Personally
appeared before me Abner Benson esqr. & William Collins who being
duly sworn
on the Holy Evangelist of Almighty doth make oath and say that they
saw Matthias Turner Sign, Seal, publish, pronounce, and declare the
same to be and contain his last will & testament that he the said
Matthias Turner was then of sound & disposing mind, memory, and
understanding, to the best of the deponents
Knowledged & belief, & that
they the said A. Benson & William Collins did sign their names as
witnesses thereto, at the request of the testator, in his presence:
at the same
time qualified Molly Turner
Exexutrix & Col. Wilson Nesbitt Executor
Given under my hand this 3`d
day of August 1818
H Lancaster Ord Sptg. Dist |
|
Agreement of
Matthias Turner and Wilson Nesbitt
[27 May 1818]
State of South Carolina
Spartanburgh District
Articles of an agreement
made and entered into between Matthias Turner, Senr. and
Col. Wilson Nesbitt in manners and
form following, that is to say;
The
said Matthias Turner having this day executed a Bill of Sale to the
said Wilson
Nesbitt
for the following Negroes, to wit, Joab a negroe man about thirty
years of age,
Sarah
his wife about twenty years of age, John their son about four years
of age,
Ephraim
about two years of age & Reubin about twenty five years of age. For
and in
consideration of which
Negroes the said Wilson Nesbitt obligates himself his heirs
Executors Administrators and assigns to pay or cause to be paid unto
the said Matthias Turner his heirs Adms Extors and assigns the sum
of Two thousand five hundred and fifty dollars to be paid by
installments of two hundred dollars annually without interest until
the said sum of Two thousand five hundred and fifty dollars shall be
discharged. Provided the said Wilson Nesbitt his heirs Exe Adm &
assigns shall loose the said Negroes or any of them by law, then
this obligation to be void to all wants. Given under our hands and
Seals this 27th
day of May 1818.
Executed in presence
of Matthias
Turner (Seal)
William
Collins
Wilson Nesbitt (Seal)
|
|
Citation of Executor
Appointment
[6 Jul 1818]
South Carolina
Spartanburgh District
By
William Lancaster
Ordinary of Said District
Whereas Matthias Turner late of
said District dec. died leaving a will, with Wilson
Nesbitt asg. Executor for the
probate thereof - These are therefore to Cite the Kindred
&
legatees of said
dec. to
appear before me on the first Monday in August next, to show cause
if any why the will of said dec. should not be proven in Solemn form
& the Executor therein named quallify according to Law.
Given under my Hand & Seal this 6`h
day of July 1818 and in the forty third year of
American
Independence.
W. Lancaster
O.S.D.
Publication of Citation
[18 Jul 1818]
The Within Citation for Publication
at my Muster Ground this day its being made 18th
July 1818.
W. Collins Capt
|
|
Appraisal
[31 Aug 1818]
Appraisments of the Estate of
Matthias Turner Deceased
Wilson Nesbitt
Executor
Molly Turner
Executrix
1 Bed 1 Blanket 1 quilt 2
sheets
12 50 "
1 Bed 1 Counter
Pin
6 " "
1 Shaw Bed & Counter
pin
2 " "
1 Pine
Chest
1 "
1 Double Bolted Pad
Lock
" 50 "
1
Rack
1"
2
Cotton
Wheels
1 75 "
1
Flax Wheel
2 " "
1
pair fire dogs
2 " "
1 Smoothing iron &
stand
" 75 "
1 tin trumpet
" 25 "
2 pair cotton
chards
" 75 "
1 Sifter & Bread tray
" 75 "
2 pink Bowls
" 37 5
4 pewter Plates
1 50 "
1 pewter Bason
1 50 "
4 iron spoons
" 25 "
1 Knife & 5
forks
" 18 7
1 Belt & Buckle
" 31 3
1 Spelling Book
" 18 7
Shaving
Box & razor
" 31 3
1 Pocket Book
" 25 "
1 pair spectacles
" 37 5
1 pint & half pint tin Cafx
" 18 7
1 Loom Stay Complete & Shuttle
3 12 5
1 Salt
" 25 "
1 Plow Mould
" 50 "
1 Bay Mare
55 55
"
Carried to Bottom next
page 95
50 2
One
Saddle Sade Blanket & Bridle
3
" "
One
[cannot read]
1 75 "
One
plow Stock Single thr
through
1 " "
One di
di di di di
1 " "
3 old
[unreadable]
2 " "
3 old plow
mould
" 62 5
1 12 gallon
Pot
2 " "
1 7 gallon
Pot & Hanger
2 12 5
1 Mill
oven
1 50 "
1 Small Pot &
Skillet
1 25 "
1 Marbing tub
" 50 "
One drawing
knife
" 25 "
One water
pale & Peggin
" 37 5
3 small vials
" 18 7
Cotton
1 25 "
Flax &
Tow
1 " "
3
shoats
? " "
Waring
apparel
10 50 "
4
Kids
6 "
18
Fouls
1 87 5
9 quart
Bottle
" 25 "
1
[unreadable]
" 12 5
1
Level
" 50 "
1 yard spun
cotton
1 25 "
4 yards spun
flax
1 " "
One Iron
wedge
" 37 5
Indigo
1 " "
One
[unreadable] niting
needle
" 60 3
Brought from
preceding
Page
95 56 2
141 31 2
[Scother ?]
in
tax
6
147 31
2
One Cow Bell
&
Collar
" 75 "
4 Bushels
rye
3 " " 151 06 2
State of
South Carolina
Spartanburgh
District
We
do hereby Certify that we have appraised all the property Shewed
unto us by Molly Turner Exex of the Estate of Said Deceased - and
that the above Contains a true Statement of the Same Amounting to
One hundred & forty Seven dollars thirty one cents & two mills.
Given under our hand this 31st day of August 1818. Bell &
Rye to be added $3.75 of the Grand.
A. Benson
William
Collins
Briant Bonner
[Note: The
first column is in Dollars, the second column in Cents and the third
column is in Mills]
|
|
Answer of Wilson Nesbitt
to
Refiled Bill of Complaint
[about 1819]
State of South Carolina
Spartanburgh
District In Equity
The
separate answer of Wilson Nesbit to the bill of complaint of Joseph
Price and 5
Rebecca Turner.
The
Defendant in answering to in [March?] of complainants bill as he is
advised is material to be answered, answering saith, that he as with
the preliminary statement made in the bill relative to the Bill of
John Turner [accrues?] and to the letters of administration granted
by the Ordinary to be correct and true as in that at the sale made
by order of the Ordinary Mrs Rebecca Turner purchased the negroes
mentioned in the bill. This Defendant for further answer to the said
Bill states that some time in November 1817 the late Matthias Turner
deceased requested this Defendant to write a Bill of Sale for the
five negros stated in the Bill which he said he had contracted for
or purchased from his Mother Mrs R. Turner the complainant That is
completed with this request he went to the house of Wm. B. Turner
and wrote a Bill of Sale of which complainants, Exhibit "D", is a
correct copy. The said Matthias Turner then informed this Defendant
that the consideration for which his Mother sold him these negros,
was an agreement on his part to Maintain and support her during her
life, and that she required surety from him for the performance of
his contract and requested this Defendant to become his surety -
This Defendant then drew the Bond stated in the Bill and signed it
as a co-obligor - Before these instruments were put in the hands of
the parties, the Deft read them both aloud & he asked twice to Mrs.
Turner, and he is perfectly satisfied she distinctly heard and fully
understood their purport meaning and object. He further avers that
at this time he had not the slightest suspicion of Mrs. Turner
sanity, or that it had even been questioned; if he had heard or
suspected any want of rationality her conversation and manner would
have removed every doubt. This Defendant most confidently believes
that Mrs Turner was there sane, and that
she perfectly understood the
nature and character of the contract she was then Making. This
Defendant in for this answer to complainants Bill States, that on
the twenty seventh of May Eighteen hundred and Eighteen he purchased
from Matthias Turner the five negros already mentioned for the sum
of two thousand five hundred and fifty Dollars, and received the
Bill of sale herewith filed as an exhibit. He admits that he did
hear about the time he made the purchase that Mrs Turner had filed a
Bill against Matthias Turner for the rescission of the Sale and the
recovery of these Negroes, on
the ground of her insanity at
time of the contract. But as this Defendant was satisfied that the
pretext for rescinding the Sale was unfounded, and believed the suit
to have initiated chiefly from the jealousy and advice of her two
son-in-laws Joseph Price and Nathan Byars, he was not deterred from
Making the purchase, he admits that his principal inducement to the
purchase, was to save a debt due him from the said Matthias Turner,
but states that he did not make the purchase until the said Matthias
Turner had offered to sale the said Negroes to other buyers.
Matthias Turner was indebted to this
Defendant in the sum of about three hundred & fifty eight Dollars
and the widow and children of the said Matthias have rescinded since
the death of the said Matthias the sum of about four hundred
dollars.
The reason this Defendant has not
paid the remainder of the purchase money to the representative of
Matthias Turner, is the litigant state in which the property
purchased, has been, and still continues.
The
answer to the specific interrogatories in complainants Bill, this
Defendant says he believes that neither Mrs Rebecca Turner or Martha
could write or read writing. The negro Sarah has had a child since
Defendants purchase - The terms of the contract
between
this Defendant and Matthias Turner are fully set forth in exhibit
"B". Matthias
Turner owed this Defendant at the time he died the Bond mentioned in
the Bill the sum of about three hundred & fifty eight dollars which
together with some debt afterwards contracts, they subsequently
agreed to be discounted - It did form a part of the said purchase
Defendant credit - He did not recollect whether he saw Mrs
Turner
or Matthias Turner sign this naming or execute the papers already
mentioned. The Defendant denies the charge of fraud combination &
pray, that he may be dismissed herewith his reasonable costs of
suit.
Warren N. Davy
Defts At
|
|
Revised Bill of Complaint
of Rebecca Turner
vs.
Wilson Nesbitt
[1820 - 1825]
State of South Carolina
Spartanburgh
District In Equity
To the Honorable the
Judge of the Court [ ] Wilson Nesbitt who wrote the
agreement aforesaid said he was a friend [ ] about to be executed
but debt he said out of does and said that bill and another the
[ I
see it executed for fear of
ourselves from Joseph Price your Orator as he did not want to offend
heirs that your Oratrix at the same time necessary the paper has
[ I
filed and marked which the said
Mathias said containing the agreement on his part but which was not
read to your Oratrix a she recollects that from the information she
has received appears to be a Bond required by the said Mathias and
Wilson Nesbitt and do travel from Colters Ford and maintaining your
Oratrix during her natural life that your Oratrix believes that
something that has been done by her son is a fact and that horses
delivered over to [ ] and management of the five negroes, horses and
implements of his bandry and land information of the agreement
aforesaid that shortly after the said Mathias had gotten the
negroes aforesaid into his possession your Oratrix is as informed
that the inducement which she had signed to the said Mathias
supporting and believing it to contain his agreement as before
stated with the said Mathias was an absolute bill of sale for the
said five negroes from your Oratrix to the said Mathias [expecting
?] & consideration of eighteen hundred dollars to the great
astonishment and surprise of your Oratrix the same having been
recorded she procured a copy which is herewith filed and marked D .
Your Orator and Oratrix further Sale that the instruments of which
exhibit D & are copies and are in the hand writing of Wilson
Nesbitt. - Your Orator and Oratrix further States unto your Honours
that shortly after your Oratrix discovered the deceptive and
fraudulent that had been foisted on her in obtaining an absolute
bill of sale for the negroes aforesaid she asked the said Mathias if
he had such a bill of sale to declare he had and said the negroes
were his own and he intended to keep them that your Oratrix then
demanded the said bill of sale and negroes from the said Mathias who
refused to deliver them and stated that your Oratrix had made
another agreement making him subsequent to the first agreement as
above set facts (which he did not pretend to deny)
by which she
had sold the said five negroes to him provided he would maintain and
support her during her natural life that said nothing of her land,
house and farming tools which he then had in his possession neither
did he pretend that he had informed to the use of them although he
if there continued to cultivate the land until
his
death is me the house, tools of his bandry and negroes aforesaid
that your Oratrix denies ever making any such agreement will the
said Mathias as stated by him to his recollection but states to your
Honours that a few days before it is said
such
an agreement was made by her unto the said Mathias a son of his by
the name of John to whom she is as much attached had [ ] her who
lived in the Western country and had then started home and from her
age and infirmities never expected to see him again in this life by
which she ever will be affected and disturbed her mind is much
disordered and her understanding and recollection much impaired and
that without, being dissatisfied she believes from her age and
infirmities that she is not capable of making a contract and that if
she did contract to dispose absolutely of her right to said negroes
to the said Mathias afirm the terms stated by him your
Oratrix must have been deranged in her mind and memory since she
injured by old age as she leaves recollection of the same and the
said Mathias himself his situation and dislike must have by the aid
of Col. Wilson Nesbitt who does that writing fraudulently takes the
advantage of her retention and endearment to see to himself as well
as Col Wilson Nesbitt the [
]
and
most valuable part of her property which your Oratrix intended at
her death if the sale by her as Administrator was valid and good
should [ ]
the
said Mathias and two of her children of your Oratrix or their
children who are qualified as said estate that your Oratrix is
confident this was [ ] wherein [
cannot read remainder of this line;
it is the bottom of the page]God
who [ cannot read remainder of this line; it is the top of
the page 1never
extended that the said Mathias should be [ ] with said Negroes
[ ] excluded of the rest of his brothers and Sisters this she
[ ] doing nothing for the said Mathias who should have all
the said negroes when she promised him a house the use of her land,
Negroes horses and working tools during her natural life for the
small furtherance of her [ ]
support and her little [ ] years. Orator and Oratrix further
states unto your Honours that your Oratrix could then have made such
an agreement which in her right mind as the value of the said
Negroes each was [ ]
three
times as much as he maintained during her natural life as she was
infirm and of Seventy three years of age and a reading to her could
of nature could not [ ] long - Your Orator and Oratrix further
states that if your Oratrix even had made such a contract unto the
said Mathias he and his Security Col Wilson Nesbitt have not even
filed wills this said or another of them has furnished anything for
her support since the alleged contract and that she has now to live
with one of her son in laws and can expect no support and
maintenance from the said Mathias as he is dead and his Estate is
without and was so before his death. Your Orator and Oratrix further
state that the said Mathias Deceased got the said Negroes into his
possession on the seventeenth day of November 1817 and kept them in
his possession from upwards of a year and had the benefit of the
work and labour of them and shortly before his death as your Orator
and Oratrix are informed and believes sold or [ ] to sale the said
five negroes to Wilson Nesbitt for the sum of $2,550 dollars of the
same negroes were not recovered from the said Wilson Nesbitt and if
the said Wilson Nesbitt should loose them then nothing and that said
Wilson Nesbitt purchased the said negroes into his possession and
now has them in his possession and employment and has received the
benefit arising from their cook and labors for two years and
aforesaid that the said Wilson Nesbitt purchased the said negroes
well knowing or heard that custodian by which the said Mathias held
them was changed to the Spartanburgh by your Oratrix and that she
intended to see for them also knowing or heard that John Turner had
made a will by which he had given two of the negroes to his son and
daughter Nathan Turner and Sally Turner and the rest of his property
including three of those Negroes to your Oratrix for life only and
after his death to be divided among the Testator children. - Your
Orator and Oratrix further state to your Honours that be a Decree of
the Ordinary of Spartanburgh District made the ninth day of February
1820 there is due and owing from your Oratrix as Administrator of
John Turner Deceased to each legatee there being [ ] in
[ ] the sum of Two hundred and thirty nine dollars, thirty
four cents [ ] with which your Oratrix will be unable to pay if the
Administration of the sale [ ] valid until she can recover the
negroes a copy of which [ ]
[ ]
and
she asked - Your Orator and Oratrix further state this they are
induced to charge Col Wilson Nesbitt with being [ ] and [
] to the fraud that has been foisted on your Oratrix by the said
Mathias
Turner
in obtaining the bill of sale aforesaid for the negroes aforesaid
for the following reasons that the said Mathias Turner previous to
the obtaining the said bill of sale was indebted to the said Wilson
Nesbitt and was unable to pay him [ ] & not to aid him
that the said Wilson Nesbitt [ ] to the getting of the said bill of
sale had refused to [ ] the said Mathias Turner and had
refused to let him have a peck or half bushel as a bushel of salt as
one did as [ ] small article but let the said Mathias
Turner wife heard in his
[ ]
and at
his request that the said Wilson Nesbitt the bill of sale and was
present and did not recollect and the same was [ ]
by
Mathias Turners two sons are of whoin could not will his [ ]
[ ]
that
the said Wilson Nesbitt bill of sale [ ]
[
cannot read this line; it is the top of the page
]
to his
Mother for her support and agreed the said [ ] with the said [ ]
[ ]
security as it is sufficient with a [ ] said Mathias is as there
indebted to him and he had refused his [ ] that the said Wilson
Nesbitt went out of doors when the papers were about to be explained
for
fear of being present and that Joseph Price [ ] And easily
that he has gotten the said negroes and claim them as his own
without having paid a cent to the said Mathias Turner and that the
[ ] -tion if he did [
]
them
of the said Mathias Turner whole apart that amount that the said
Mathias owed from the said Wilson Nesbitt. And your Orator Joseph
Price further state unto your Honours that [ ] Will of the
said John Turner has been [regularly ?] present and admitted to
[ ] by the Ordinary of Spartanburgh District and that
decision supported our on appeal to the Court of Common Pleas by
which the Will [ ] and listened that the sale made by your
Oratrix the Administrator of the negroes is null and void
& [ ] to [ ] And
that the legatees which the said Will & must be disposed of. Those
interested in the said negroes
although the court should be of an opinion that the bill of sale
from your Oratrix Rebecca Turner to her son is not void under the
circumstances but that your Orator as the only qualified and acting
Executor under the said Will is entitled to the possession of the
negroes -Job who is willed to Nathan Turner and the negroe woman
Sarah willed to Sally Turner and after their death to the Testator
herein meaning his children not only as Executor but as guardian and
trustee under and by virtue of the said Will as the said Mathias
Turner is in a state of insanity and has nothing to support him and
the said Sally Turner being dead and according to the said Will said
negroe job goes to her brothers and sister - that your Orator is
entitled to the possession of the other three negroes Willed to your
Oratrix Rebecca during life as Executor he has not [considered ?]
that the legatees should be in possession if the legacy which by
said does not vest in the leatee until the consent of the Executor
that your Orator is not only entitled to possession of the said
negroes but to the value of them for their work and labour while in
the possession of Mathias Turner and Wilson Nesbitt - Your Orator
and your Oratrix further state unto your Honours that the negro
Sarah has had a child while under possession of Mathias Turner or
Wilson Nesbitt and that Wilson Nesbitt now has
possession of it whose name is not known to your Orator and Oratrix
- Your Orator and Oratrix further shew unto your Honours that
Mathias Turner departed this life about the day of one thousand
eight hundred and eighteen and that previous to his death he duly
made and executed his last will and testament in which he appointed
Molly Turner his wife Executrix and Wilson Nesbitt Executor thereof
and that this said Will has lawfully proven before the Ordinary of
Spartanburgh District and admitted to
record
and that the said Mary or Molly Turner and Wilson Nesbitt qualified
as Executor thereto and took upon themselves the Execution of the
said Exhibit and that Wilson Nesbitt [speaks ] of [too ?] often of
[asking ?] the State and [ ] to some [parts or past] by and the
hands of this State and intends selling or taking this said Negroes
with him - Your Orator and Oratrix further States that your Oratrix
applied to the said Mathias Turner in his life time to delivered to
her the said bill of sale and negroes and have an agreement drawn
according to the true contract as to come to some fair and honest
settlement with your Oratrix but that he refused as to do, that in
consequence thereof she filed a Bill in Equity against him for the
negroes aforesaid on the second day of May 1818 but that the said
Mathias died in a few days after the Service of the Mathias said
responding and before any answers filed by which the said Bill
attest - And that your Oratrix being old and infirm and unable to
attend after
[ ]
and
the said Wilson Nesbitt having gotten the said Negroes into his
possession
[ ]
who
now has
[cannot read
the remainder of this line; it is the top of the page]
your
Oratrix in and that
[cannot read
the remainder of this line; it is the top of the page]a
deed or bill of sale for the said negroes to Nathan Byars and Joseph
Price your Orator in the nature of a paper of Exhibit or [D ? ] of
that but not with any [ ] any right [
I
that
they would be intelligent as her [ ] under the Will of John
Turner. And this was [deliberately ?] understood by the said
agreement between them: And your Oratrix in order to foresee the
reasons of the said Negroes for the benefit of all his children And
if the Decd makes true asking to make Nathan Byars a party to this
complainant your Orator and Oratrix pray he may be made a party
thereto. But they do not consent [ ]
as he
is no more interested this said than any of the other legatees with
rest your Orator Joseph Price your Orator [ ]
Price represents.
Your Orator Joseph Price further states unto your
Honours that he has applied to the said Wilson Nesbitt to deliver
the said negroes to him and to pay for deliver of them in a most
friendly manner but that he refused to so do. And your Orator and
Oratrix still believe that the said Molly and Wilson Nesbitt would
have complied with such a reasonable and [ ] request or [in ?
I
and
Equity they ought to have been. But now so it is nicey please your
Honours that the said Mathias Turner in his life time and the said
Wilson Nesbitt and the said Molly Turner since the death of the said
Mathias [combining ?] to your Orator and Oratrix whose [names ?]
when at present unknown to your Orator and Oratrix whose names when
discovered they pray be heirs interested will after and prosper
[loosed?] to charge them as parties thereto and continuing how to
inform and apprise your Orator and Oratrix in the premises
absolutely refuse to comply with such their reasonable request [
]
all
which [ ]
and
[ ] and contrary to Equity and good conscience and tend to the
manifest
[ ]
Orator
and Oratrix [ ]
[ ]
cause
[ ] where of and for as much as your Orator and Oratrix are
[ ] [ ]
in the
premises of law and cannot have adequate [ ] except with a court of
Equity when matters of this kind are property [organization ?] will
believable. To the end therefore that the said Molly Turner and
Wilson Nesbitt and their confederates whom [
I
may
[ ] their several and respective corporal as this according
to the best and utmost of their several and respective knowledge
information and belief a full [ I and perfect answer make to all
and singular the matters aforesaid and that as fully as if the same
were here represented and they particularly interrogated there to
and
more especially that the said Molly Turner and Wilson Nesbitt may be
compelled to answer and set forth whether exhibit B is not a
true
copy of the last Will and testament of John Turner Deceased and
whether the exhibit D is not a true copy of the Bill of sale of your
Oratrix to Mathias for the five negroes aforesaid and whether it is
not a true copy of the bond given by Mathias Turner and Wilson
Nesbitt to your Oratrix and whether you Wilson Nesbitt were present
when the bill of sale for the negroes and bond to your Oratrix was
signed as either of them? And did you see this Bill of sale signed
by Mrs Turner? Could Mathias Turner or your Oratrix Rebecca Turner
either read writing or write? And who is & [ ] you Wilson
Nesbitt to write the said Bill of sale and bond read [ ]
you
not write them? And do you not [
]
[ ]
the
said negroes
and
where are they? And has not the negroe woman Sarah had a child while
in your possession as in Mathias Turner since she moved out of the
possession of your Oratrix and who has that child now? What is its
age and what is its name and how old is it? Did you know or will you
[ ]
found
previous to the purchase of said negroes five and Mathias
[ ]
that
this right of them said negroes is [ ]
[ ]
that
if her Oratrix was taken in [ ] [
]
fraudulent [ ]? When did you buy [ ] they the [
]
Mathias Turner and this [ ]
negros
that Mathias Turner got from Rebecca Turner that
[ ]
[ ]
believe you and Mathias Turner with the sale of these negroes from
him to you & relate it fully and if you have any matters [ ] of it
[ ]
it?
What was the time [ ]
?
Was
there any matters [ ] to the payment of the price of said
Negroes? Did you pay him any money order count him money as debt
that he owed you? And how much did he owe you at the time you signed
the bond with him to Rebecca Turner
for
her maintenance and how much and had you refused
[ ]
before
that time? And how much did he owe you at the time in before
purchased said negroes from him? And was his debt to be part of [ ]
[ ]?
Did
you give any note for the purchase money
[
] bill of sale from him? Then you pray for the negroes if [ J
Rebecca
Turner
recovered them and have you paid anything to M. Turner in his life
time or since his death to his Estate for said negroes and have you
not been applied to by the wife or some of the children of M. Turner
Decd for the payment of those negroes or some part of the price and
have you paid them or do you refuse what was your reason for
refusing? How long have you had these negroes in your possession and
how have you employed them? To Molly Turner and Wilson Nesbitt:
Where is the original bill of sale from Rebecca Turner to Mathias
Turner? If either of you haven't produced it on the trial of this
case? Is the children named as the legatees of John and Rebecca
Turner the reputed children of theirs? And some others dead and who
as dead leaving children as heirs before stated? Had said John
Turner the son of Rebecca Turner a few days before the bill of sale
of the the negroes aforesaid from Rebecca to M. Turner was given
started to the Western
country
where he lived and was the old lady his Mother much dismayed at his
departure? Had Mathias Turner any land as plantation of his own at
the time the said bill of sale was given him by his mother? Had he
any negroes and in short was he worth anything and how much and in
what did his property consist? Name it. Is not his Estate insolvent
or how much is it worth? Just what did it consist of at his death?
Have you made a time and [ ] of all his Estate at the time of his
death to the Ordinary? And what [ ] did he owe at his death? And
what amount remained in against his Estate and
whether Rebecca Turner is worth anything and what land and housing?
And in what his property consist? And with whom does she live? And
what the said bill of sale from Rebecca Turner to Mathias Turner may
be declared as null and void and if the sale made by the
Administratrix of John Turner should not be declared void that then
the said five negroes with this would be decreed to be delivered to
the said to the said Rebecca Turner
and
that the Estate of Mathias Turner for the time he had the use and
benefit of the said negroes do also account for the lives of these
and that the said Wilson Nesbitt do also account for the use of them
for the time he has had the use and benefit of the said negroes and
if the sale by the administratrix of John Turner should be void and
had that the said negroes job and Sarah and her increase be
delivered over to the Executor Joseph Price and that the Estate of
Joseph Price and Wilson Nesbitt do accept to him for the work and
labours of them. And that Wilson Nesbitt do give security to the
Executor Joseph Price for the delivery of the other three negroes to
him at the death of Rebecca Turner and that in case the said Sheriff
sale is not all lands null and void nor the sale set aside made by
the administratrix Rebecca Turner then the said Wilson Nesbitt be
decreed to pay Joseph Price the Executor of John Turner the
representative
[
cannot
read this line; it is at the top of the page and black]
of
each child or the representative of John Turner Deceased according
to the decree of the Ordinary before set forth or that he do pray to
the Executor Joseph Price the full value of Job and Sarah willed to
Nathan and Sally Turner
and
that he be decreed to support and maintain Rebecca Turner and others
and further relief as to your Honours shall now meet and a
[ ] to Equity and good conscience - may it please your
Honours a grant unto your Orator and Oratrix the Writ of Subpena to
be directed to the said Wilson Nesbitt and Molly Turner thereby
considering them as certain and under a certain finally therein to
be interested [ ] because appears before your Honours in this
Honorable Court this said there to [ ] the [ ] and to
stand to and abide such order and decree therein as to your Honours
shall seem agreeable to Equity and
good
conscience and your Oratrix
and Orator will ever pray.
J. Geo
[unreadable] |
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Plea of John Campbell
[8 Apr 1837]
Sir
to your honor the present ordinary of Spartanburg District of south
carolina I request of as I before is your Authority to Collect and
settle with Col. Nesbet of this Estate of Matthias Turner all that
has Fell in to said Nesbets hands Both real and Personal that should
be due to us heirs at Law. Col Nesbet has appointed with the rest of
Matthias Turners heirs to settle with them At next Court But I
Cannot attend. Please
to attend to it for me and oblige you & if you write to me direct
your letters to the
Lincoln County Land with Post Office.
April 8th
1837.
Yours Respectfully,
John Campbell and Wife
[Note: John
Campbell is the husband of Rebecca Turner, daughter of Matthias and
Molly Turner.] |
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Plea from Richland
District SC
[about 1837]
State of South Carolina
Spartanburgh District
Wm.
B. Turner
& others
vs.
Wilson Nesbitt
In Equity Spartanburgh District
And
the said Defendant by protestation not confussing or acknowledging
all or any
of the matters and things in the complainants said bill of complaint
- contained to be true in such manner & form as the same are therein
declared & set forth - doth plead thereto - and for cause of plea
says, that at the time of the filing of the complainants bill and
for several years before he did not reside in Spartanburgh
District
in the said Bill is not filed to effect any estate lying within
Spartanburgh District - but that this Defendant at the time of
filing of the complainants bill resided in Richland District where
he now resides and therefore the Defendant pleads to the
jurisdiction of this Court (within Spartanburgh District) and humbly
prays the judgement of this Honorable Court who this he is bound to
make any further or other answer thereunto - and prays to be hence
dismissed with his reasonable cost & charges in this behalf most
wrongfully sustained -
John D. [unreadable]
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Answers of Wilson Nesbitt
To
Bill of Complaint
[about 1841]
State of South Carolina
Spartanburgh District
Wilson Nesbitt
et al
Wm.
B. Turner
et al
The answers of Wilson Nesbitt to the
Bill of Complaint of Wm. B. Turner, Davis Turner, Nancy Yarborough,
Henry Turner, John Turner, Polley Phillips, John Campbell & Rebecca
his wife, John Dauherty & Minerva his wife, Elizabeth Turner and
Anderson Turner.
The defendant reserving to himself
the exceptions to the errors contained in the Said bill of
Complainant - for answers to so much by him is advised that in
material for
him to answer - Admits that in May in the year of our lord one
thousand eight hundred
and Eighteen Matthias Turner executed by last will and Testament and
within some short time died leaving the same in full force diffect.
That the Testator after
giving a Legacy of three hundred & fifty Dollars to his son William
Turner - devised & bequeathed the remainder of his estate real &
personal to his wife Molley Turner during her natural life or
widowhood and at her death all his estate willed to her to be
equally divided among his children - and appointed his wife Molley
Turner Executrix
and this Defendant Executrix and Executor - both of whom qualified
and
obtained letters Testamentary on the
estate of her Testator.
This Defendant further answering
denies that the whole estate of the Testator was not embraced in the
inventory, with the exception of a contract which will be hereafter
referred to and contends that this inventory and sale bill - here
filed and marked Exhibit A,
contains a full Statement of the entire personal estate of Testator
with
that exception. This Defendant herein states that after the
inventory of the estate of the Testator Molley Turner the Executrix
under this will sold under an order from
the
Ordinary the whole personal property a will appears by the sale bill
above referred to & returned by her - and received the proceeds of
the Sale - having a life estate in the same - and this defendant as
he did not receive any part of the proceeds contends that he should
not be chargable for the same and that the Complainants should look
to the estate of Molley Turner - which is liable if any person for
the proceeds of this sale bill - This Defendant for this answering
States and admits that in the life time of Matthias Turner, who was
greatly indebted to this Defendant he sold to this
Defendant
five Negroes, Job, Sarah & her two children, John & Ephraim & Ruben
- and this Defendant and the said Matthias Turner on 21St of May
1818 - entered into Articles of Agreement under seal Stating the
terms of Said Contract by what this
Defendant
was to pay the sum of Twenty five hundred & fifty Dollars to be paid
by
installments of two hundred Dollars
annually without interest until the sum of Twenty five hundred &
fifty Dollars should be discharged with a provision that if this
Defendant, his Heirs Exers Admin & assigns should loose the said
Negroes or any of them by law then the obligation to be Void to all
extends - which will more fully appear by a copy of said Covenant
herein filed & marked B. This Defendant further answering states
that some time in the year of our lord One Thousand eight hundred
&
nineteen Joseph Price & Nathan Byars
as Executors of John Turner & Rebecca Turner from whom Matthias
Turner had obtained a bill of Sale for said Negroes in
consideration
that he would support & maintain the said Rebecca Turner during her
natural life, filed this Bill in the Court of Equity for
Spartanburgh District against this
Defendant
and Molley Turner as Exor & Exix of Matthias Turner; Decd, for the
purpose of sitting aside the bill of Sale executed by Rebecca Turner
to Matthias Turner for said Negroes as fraudulent & Void and to make
the property possessed under the Will of John Turner. That the said
suit in Equity continues in court until at near 1820 or 1821 - When
his Honor Judge James delivered a decree setting aside the sale from
Rebecca Turner to Matthias Turner as fraudulent & Void and ordered
this Defendant to deliver up the Negroes and account for this here -
that the appeal from said decree
but
the [ ? ] way confirmed by the appeal Court for and under this
decree of the Court after an attachment had been opened from said
Court be delivered up the Negro man job to Joseph Price & Nathan
Byars Executors of Jno. Turner, Decd, - and this Defendant would
here state that the negro man job was a valuable negro being a Black
Smith by trade and at the time he made the Contract with Matthias
Turner, was estimated & valued at eight-hundred & fifty Dollars -
That the said suit in Equity
continued in Court & under an
order of Reference the Defendant and he continued to Litigate the
claims of the Complainants by a petition for a bill of review and in
every
other probate state until in 1834 or 1835 - When he obtained a
decree from the appeal court reversing all previous decrees in the
case & denying the bill so far as Joseph Price & Nathan Byars Exors
of John Turner, Decd, were concerned. Rebecca Turner have died
pending the litigation the bill was retained so far as her rights
were effected and the parties were under the decree of the appeal
court at liberty to take and Administration of the estate of this
and Rebecca Turner and file a bill of revision from the previous
contained in the original Bill - of ordering void the bill of Sale
from Rebecca Turner to Matthias Turner and this Defendant further
states to your Honors, that after the decree of the appeal court in
his favor - he had a rule issued from the Court of Equity against
the Executors of Joseph Price who had the negro job in their
possession requiring them to show cause why the negro job should not
be delivered back into the possession of this Defendant and on the
return of said rule a motion was made before the presiding
Chancellor - who after hearing full argument refused the
motion - and the said negro
job was carried off to Arkansas where he still remains in the
possession of the Executor of the said Joseph Price - to whom he was
delivered by this Defendant under a decree of this Court. And this
Defendant submits to the Court if the covenant between this
Defendant & Matthias Turner above set forth is not by its express
provisions rendered Void - as he has lost the negro job by legal
process - and he here contends that he is not bound by it - but
should he be mistaken in this, he contends that the price of the
negro job should be deducted from the contract.
This Defendant further answering
admits and states that the Testator, was indebted to this Defendant
and by notes & otherwise to a considerable amount which
formed the inducement of making this
Contract respecting the negroes as set forth -
and
that the Testator was indebted to others to a considerable amount as
will appear
by
Exhibit C - which this Deft has paid off which with the legacy to
the Complainant Wm. B. Turner - amounts to One Thousand & fifty six
Dollars - that he paid one hundred fifty six Dollars forty four
cents - [ ? ] - which accrued by a litigation in the Court of Common
Pleas with the Exor. of Jno. Turner, Decd, respecting the estate of
his
Testator - which appears by the Sheriff receipt referred to in
Exhibit D - and in the fifteen or sixteen years legation in this
Court in the suit brought against him & Molly
Turner
as Exor & Exix of the Testator - his has paid out sixteen hundred &
Eighty Dollars - (beside the witnesses costs) - in defending the
right of his Testator - as well also appears by Exhibit D.
This
Defendant further answering states that the Complainant John Turner
is indebted to him in the sum of Twenty five Dollars twenty four
cents by notes due bills & orders - which should be regarded as a
payment to him Pro. Tanto
["only to that extent"] - as
well also appears by
references to Exhibit D.
This
Defendant further answering states that accounts and a note against
the estate of his Testator, has been presented to him and which he
supposes are just – that have not been paid as the estate of his
Testator would have been insolvent if the decree of the court had
not been revised. This Defendant and further answering states that,
except the covenant above referred to - he never received any funds
or had any property of his Testator in his possession and he
contends that he should be allowed interest on his debts against the
estate of his Testator and also the legacy and debts against the
estate which he paid out of his own funds - until the death of Molly
Turner
-
and that he should also have
interest on all costs and expenditures expecting the litigation for
the estate which he paid out of his own funds.
This
Defendant here contends that should he be compelled to account for
his amount of covenant aforesaid with or without the deduction for
the price of job – that under the will of the Testator Molly Turner
had a life estate in the same - and that the Complainant are not
entitled to interest untill after her death.
This
Defendant further answering denies the charge made in the bill that
he has refused to come to a settlement with the Complainants or that
he evaded it in any manner or under any subterfuge whatever but
states that he has always been ready and willing to settle for every
cent which he may have in his possession after being allowed the
monies expended with a reasonable compensation for great trouble in
attending to the complicated litigation respecting the title of
Matthias Turner to the property - and he feels satisfied that he has
no funds in his hands belonging to the Complainants provided he is
refunded his payments & expenditures - and this Defendant would feel
surprised at the allegation of the Complainants bill - if he did not
know, that it is not the charge of the Complainants - but that of J.
W. Martin - who has purchased the chances of this litigation for
some trifle.
And this Defendant
here alleges and states that he will be able to prove that all the
Counts in this bill previous to the filing of the bill conveyed all
this right, title interest & claim whatever imbraced in this suit to
J. W. Martin and this Defendant would here submit - to this Court,
of the complainants bill can be sustained as they
have no interest whatever in
the case - and prays to have the same benefit thereof, as if he had
plead the same in bar to complete recovery.
This Defendant further answering states that some
five or six years since he attempted to have a settlement with the
Complainants and at this time they all agreed
that the defendant should be allowed
a credit for all fees & other instances which he
138
had paid or might - thereafter pay
in the case of Jos. Price Exor of Jno. Turner against this Deft in
his own right as Exor of Matthias Turner and three of the
complainants, to wit Davis Turner, Nancy Yarborough & Polly Phillips
signed an agreement to that effect - a copy of which is here filed &
Marked Exhibit E - and this Defendant further answering denies all
manner of fraud and prays to be dismissed with his reasonable costs
in this behalf most wrongfully sustained -
[unreadable initials]
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