Orange County NcArchives Wills.....Benton, Samuel August 28, 1810
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Source: Loose Will, NC Archives CR 073.801, Will Book Volume D, pages 276-277
Written: August 28, 1810
Recorded: Nov 1810
Testator: Samuel Benton
[Original, loose will. See Note 1]
I Samuel Benton of Hillsborough being
of sound Mind and Memory, do make, constitute
and ordain this Instrument and its contents to be
my last Will and Testament in manner and to
effect following to Wit.
I desire and direct that
all my Just debts to be as speedily and punctually
as possible paid out of my estate real and perso
nal; and I do hereby give to my Executors
herein after named full power and autho
rity, or to such of them as may undertake the
execution of this my Will, the same full power
and authority to sell and convey at their or
his discretion such part of my real or personal
estate as may be necessary for that purpose
I give devise and bequeath
to John Taylor the Younger, my son in law of
Hillsborough aforesaid, and to his Heirs &
assigns forever all the residue of my estate
real and personal after the payment of any
debts as aforesaid, as an acknowledgement
of the deep end sence I entertain of his affection
and conduct towards me during a period of
sickness and affliction in which I have de-
rived much comfort from his attentions.-----
I do nominate constitute
and appoint my said Son in law John
Taylor the Younger, and my friend Duncan
Cameron of Orange Executors of this my
last Will and Testament ---- In Testimony
whereof I the said Samuel Benton have hereto
set my Hand & Seal the 28th day of August AD 1810
Signed, sealed &
published in our pre
sence S Benton (Seal)
Richd Henderson }
Ed: Jones } Jurat
[Handwritten copy]
I Samuel Benton of Hillsboro being of sound
mind and memory do make constitute and ordain
this my last Will and Testament in man
-ner and to effect following (to wit)
I desire and direct all my Just debts to be as spee
-dily & punctually paid as possible paid out of my estate real
and personal and I do hereby give to my Exrs.
hereinafter named full power and authority
or to such of them as may undertake the
Execution of this my Will the same full
power and authority to sell and convey
at their or his discretion such part of real
or personal estate as may be necessary for
that purpose ----- I give desire[demise?] and bequeath
to John Taylor the Younger my son in
law of Hillsboro aforesaid and to his heirs
and assigns forever all the residue of my
Estate real and personal after the payment
of my debts as aforesaid as acknowledgement
of the deep end sence I entertain of his affection
and conduct towards me during a period of
sickness and affection[affliction] in which I have
derived much comfort from his attention[s]
I do nominate constitute and appoint my sd.
son in law John Taylor the Younger and
my friend Duncan Cameron of Orange
Executors of this my last Will and Testament
In Witness whereof I the said Samuel
Benton have hereto set my hand and seal
the 28th day of August AD 1810
Extract
[End of handwritten copy]
[Will Book Volume D, page 276]
I Samuel Benton of Hillsborough being of Sound
Mind & Memory, do make constitute & ordain this
Instrument and its contents to be my last Will
& Testament in manner and to effect following to Wit
I desire & direct that all my Just debts to be as Speedily and
punctually paid as possible paid out of my estate real
and personal & I do hereby give to my executors herein
after named full power & authority or to such of them
as may undertake the execution of this my Will the
same full power & authority to sell and convey at
their or his discretion such part of my real or personal
estate as may be necessary for that purpose ~~~~~
I give devise & bequeath to John Taylor the Younger my
Son in law of Hillsborough aforesaid & to his heirs &
assigns forever all the residue of my estate real & person-
-al after the payment of any debts as aforesaid, as [an] acknow-
ledgement of the deep end sense I entertain of his affection
and conduct towards me during a period of sickness
and affliction in which I have derived much comfort
from his attentions ~~~~ I do nominate Constitu
=te & appoint my said son in law John Taylor the
Younger and my friend Duncan Cameron of Orange
Executors of this my last Will & Testament In
Witness [orig: Testimony] whereof I the said Samuel Benton have
hereto Set my hand & Seal the 28th day of August
AD 1810
Signed, sealed & S Benton (Seal)
published in our
presence ~~~~~
Richd. Herndon[orig: Henderson]
Ed Jones Orange County Novr. Term 1810
The Execution of the above last Will & Testa
ment of S Benton was duly proved in Open Court
by the Oaths of Richd. Herndon & Ed Jones both subsc
ribing witnesses thereto & ordered to be recorded ~~~~~~~~~~ At
[Will Book Volume D, page 277]
At the same time John Taylor qualified as Execution
Test J Taylor CCC
By Q A Benton
Additional Comments:
Will Book Volume D, pages 276-277
Recorded Nov 1810
Note 1: The version marked "Handwritten copy" is not very faithful to the original, leaving out and reversing words, removing punctuation - overall, reducing legibility of the original version.
Note 2: "yellow" in this usage is short for "High yellow", meaning a light-skinned person of black and white ancestry.
Estate Papers comprise 112 pages and are found in a folder labeled "Benton, Samuel (1816)". An unusually long list of notes or debts owed him, mostly in small amounts with references to legal matters. Testator was clerk of the Superior Court for Orange County. Note that much of this material deals with a dispute between John Taylor (a clerk of the court) and Abner B. Bruce (a clerk of the court) regarding the dealings of the testator (a clerk of the court), producing weird effects like oaths being sworn to themselves, the Abner filing the petition by John Taylor against Abner, etc.
Testator died in October 1810 per the Estate Papers.
Note 3: A copy of this will (Samuel Benton, will dated 18 February 1770), is found among the wills of the county and is transcribed in this collection.
Among the information found in this regarding enslaved individuals, there is a multi-generational lineage described:
Sarah was the mother of:
Dilce who was the mother of:
Sarah who was the mother of three:
Frank
Phillis
Maurice
[Estate Papers - Bill of Complaint]
State of North Carolina }
Orange County } In Equity
To the Honorable the Judge of the Court
of Equity for said County ---
The Petition of John Taylor of the Town of Hillsbo-
rough, Executor of the last Will & Testament of General
Samuel Benton deceased, Humbly complaining sheweth
unto your Honor that on or about the thirteenth day of Sep-
tember Anno Domini one thousand Eight hundred
& Eight, Frances Benton, Widow, mother of said Sam-
uel Benton decd. executed a Deed or Bill of Sale to her
said Son in consideration of love & affection & for other
consideration for a certain yellow[See Note 2] Girl Slave called
Sarah, saving & reserving to herself the said Frances Ben-
ton the use of the said slave during her life, which
Deed was proved & registered according to Law, & a copy
of which Deed is annexed hereto, which your Orator
prays may be taken as part of the same And your
Orator further sheweth that his Testator the said Samuel
Benton had supported his said Moth Frances Benton
for a great number of years & until his death, which took
place in the year one thousand Eight hundred & Ten
And that your Orator Executor as aforesaid has sup-
ported her since --- And your Orator further sheweth
that the said yellow Girl Sarah since the Deed &
Bill of Sale has had three children, Frank, Phillis &
Maourice about the ages of five, three, and one years
And your Orator further sheweth that the said Fran-
ces Benton has arrived at the great age of about Eighty
six years, that her mind is much impaired thereby, ["And" x-out]
that your Orator has well grounded apprehensions that
she is about to be induced to give up the possession of
the said slaves to her son Augusts Benton of South
Carolina, lurking & concealing himself
in &
[page 2]
in & about your Orator's Plantation in this County where
the said Frances Benton & the said Slaves reside & are
supported -- And your said Orator verily believes from the in-
formation he has acquired that the said Augustus
Benton is designing & contriving to get possession of
the said slaves from his mother the said Frances, &
to carry them out of the State -- And that your Orator
believes that the said Augustus Benton is a man with-
out property & much in debt, and that should the said
Slaves be removed, they would be entirely lost to the Estate
of your Orator's Testator.
Your Orator therefore hum-
bly prays that a special Writ from this Honorable
Court directing & requiring the Sheriff of this County to take
possession of the said yellow Girl called Sarah & her three
children, and to have them before the Honorable Court to
be held on the third Monday in September next, unless
full and ample security be given by Bond to your
Orator conditioned for their safe Keeping & delivery
at the said Court, to be then dealt with & disposed of
as the said Honorable Court may think proper to direct
[X-out section]
And that process my issue from the Honorable Court
injoining the said Frances from any disposition of the said
Slaves so that they may be carried out of this state
And that a Subpoena Copy of this Bill & a Sub-
poena be directed to issue -- And your orator prayer
for such further relief as this Honorable Court may
think proper to direct in the premises --
[X-out section ends]
And your Orator will
ever pray &c
John Taylor the complainant ins this Bill
of Complaint maketh oath that all the mat-
ters & thinks herein contained coming within
his own Knowledge are true, further mat-
ters & think not coming within his own
Knowledge he believes to be true
[Estate Papers - Bill of Complaint 2]
To the Honorable the Judge of the Court of Equity
of the County of Orange
Humbly complaining sheweth unto your Honor
your Oragor John Taylor of Hillsborough, Executor
of the last Will and testament of Samuel Benton
deceased - that On or about the 13th of September 1808
Frances Benton the Mother of the said Samuel Benton
["departed" x-out], executed a Bill of Sale under seal to the said
Samuel whereby she conveyed to him a certain yellow
Girl Slave called Sarah, then the property of the said
Frances, reserving to herself the use of the said
slave during his natural life - Copy of which Bill
of Sale is hereunto annexed which your Orator prays
may be taken or part of this bill - Your Orator further
shews that the said negro slave since the execution of
the said Bill of Sale has had issue, three Children
Frank, Phillis and Maurice now about the ages respectively
of five, three and one years - The said Samuel
departed this life about the year 1810, having first duly
made and published his last Will and testament
and therein appoint your Orator Executor thereof --
which Will hath been duly proven in the Court of Pleas
& Quarter Session of Orange and as Executor thereof
your Orator hath duly qualified & taken upon himself
the Burden of Executing the same ---
[page 2]
The said Frances hath continued to possess and still doth
possess the said slaves by virtue of the Reservation of the
life estate in the said Bill of Sale as above mentioned --
The said Frances hath now arrived to a great age -
being about eighty years old and the powers of her mind
and greatly impaired -- Your Orator further shews of Charges
that One Augustus Benton the son of the said Frances
now of South Carolina, is, as your Orator hath good
reason to believe and doth believe, at this time lurking
about the Plantation of your Orator where the said
Frances & the aforesaid Slaves are --- That your
Orator hath or no doubt the Object and design
of the said Augustus, who is a man without property
of dissolute habits and corrupt principles, is, but
deceitful practices and dishonest artifices, upon the
imbecility of the said Frances to prevail upon her
to surrender the possession of the said slaves to
him in Order forthwith, before the sitting of he next Court of Equity for said County
to remove them ["out of" erased] to South Caro=
lina or some other place beyond the reach of the
process of this Court and the limits of this state
so as ??? to defeat the interest in remainder
in the said slaves -- And your Orator expressly
charge that the hath good cause to fear and
believe and doth fear and believe that the
said Frances will yield to the said Augustine the possession of the said slaves for the purpose aforesaid to the manifest injury & destructive of the interest
[page 3]
aforesaid in Remainder -- In tender Consideration
whereof, and inasmuch as during the continuance
of the life ["Estate" x-out] of the said Frances your Orator
hath as Remedy but in the this Court -- or the End
therefore that the said Frances, may true, full
and perfect answer make to all and singular
the premises -- that the forthcoming of the said
slaves at the death of the said Frances, may be
secured & provided for, that by decree of this Honorable
Court the said Frances may give security therefore
and that the said slaves may in the mean time
be kept and preserved within the jurisdiction of
the Court until the premises may be heard & ??????
determined by this Court - & that your Orator may
have such Other & further relief as in Equity
and good Conscience this honorable Court may
think bein intitled unto ---
May it please your Honor to grant
to your Orator a Writ of Subpoena directed to the
said Frances commanding her to appear at &c
&c and also a Writ to the Sheriff or Orange
County commanding him to take the aforesaid
slaves into his Custody & possession and them
safely keep so that he have them before the Judge
of the Court of Equity next to be held for said County
[page 4]
at Hillsborough subject to such Order and decree as
the Court shall then make in the premises
unless the said Process shall give & with good
and ??? surety in double the value of the remainder said slave to the said Sheriff for
the protection of the said slaves at the said Court
John Taylor maketh Oath }
that all the matter & things }
in this Bill contained as of }
his own Knowledge are true }
the rest he believes to be true }
and the rest he believes to be true }
and that the remainder in the said }
slaves is of value of ($900) }
nine hundred Dollars
Sworn to before me 26th Aug 1819
J Taylor F Nash JSCLE
The Clerk & Master will issue a precept[?] to the Sheriff of
Orange County According to the prayer of the Bill
F Nash JSCLE
[Estate Papers - Bill of Sale for Slave Sarah]
For and in consideration of the natural Love
and affection which I have for my son Sam-
uel Benton & for the consideration of one dollar
to me in hand paid at the sealing and delivery
of these Presents, and for divers other considera-
tions and cause me thereunto moving, I, Frances
Benton of the County of Orange, Town of Hills-
borough, in the State of North Carolina, do here-
by give and grant to my son Samuel Benton
of the place aforesaid a certain little yellow
Girl Slave, called and Known by the name of
Sarah to have & to hold the said yellow Girl slave
Sarah, to him the said Samuel Benton, his heirs
and assigns &.c saving and reserving to myself
the use of the said Sarah, during my own life.
Witness my hand & seal this 13th day of
September 1808
Signed sealed & delivered in } (signed) Frances Benton (seal)
presence of }
(Signed) Thos. Scott } Orange County August Term 1810
Wilton Child Jurat } The Execution of the foregoing
A: Benton } Bill of Sale was duly proved in
open Court by the oath of Wil-
son Child a subscriber thereto
and ordered to be registered
The Within Bill of Sale is July Test
registered in Book I page 375 J. Taylor
22 Novr. 1810 ABBruce
[Estate Papers - Answer of Frances Benton to Complaint]
The Answer of Frances Benton to the Bill of Complaint exhibit
-ed against her by John Taylor' Executor of the Will of Samuel Benton
deceased --
This defendant saving and reserving &c for answer to the several
matters & things set forth in the Bill of Complaint or so much thereof as
she is advised it is necessary she should make answer unto, an-
swers & says, That she admits it to be true that she executed a deed of
gift to her Son Samuel, now deceased, for the Slave Sarah of the tenor &
date mentioned in the Bill; & that said Samuel departed this life having
first made a last will & testament & appointed the Complainant
one of the Executors thereof, who proved the same in Orange County
County[sic] Court; & that said Sarah hath issue, Frank, Phillis & Maurice
all as charged in the bill of Complaint -- She further admits it to be
true that she hath had the possession of said Slaves, until they were seized
under process issued in this cause, at the instance of [the] Com
-plainant. This defendant further answering, saith that she also
admits it to be true that she is of very great age, even greater than
that stated in the bill - She is upwards of Eighty-seven years old & be
-sides the bodily infirmity incident to such advanced age & many
vicissitudes of life, she hath been rendered nearly helpless by
a fall from a gig a few years past, by which her arm was broken -
That circumstance renders the present attempt of the Complain
-ant peculiarly[sic] distressing to this defendant; as She resided by herself
in a small log-house on a plantation if the Complainant without
any White companion, of either sex, and with her slaves only, among
whom the said Sarah was particularly useful to the defendant in her
disabled condition, as she had been raised as a boy & confidential
servant : But this defendant saith, the her mental faculties are
still sufficiently good to enable her to recollect all the principal
wants of her life, which materially affected her interests or happiness &
that she fondly hopes too that the principles of honesty which have
heretofore governed her conduct still exist unimpaired - She
denies that her understanding or her integrity have been so
much impaired, that she would of her own accord or by any
persuasion whatsoever be induced, knowingly, to wrong any per
-son or eloign the property of another: She doth therefore positively
deny all the charges contained in the bill, whereby an intention to
carry off, ??? or dispose of the said Slaves, is imputed to her &
directly repels the insinuation that her Son Augusts ever applies
to her permit him to run off said Slaves or that, if he had, she would
have yielded to his persuasion --- She saith, that living by herself
as aforesaid & being very far advanced in life, she wanted her said
(Son
[page 2]
son to come in ??? her, while it was still in his power on this side [of]
the grave --- He is her only Son now living & indeed her only child
but one, & she had not seen either of them for two years or therea
-bouts -- Her only motive for making such request was to see her
son; & she verily believes that it was to gratify her, in that respect, which
induced the said Augustus to come to North Carolina; She acted on
-ly on feelings common to all mothers & she has no doubt that fili
-al affection alone prompted his journey here --- She denies that he
lurked about the plantation; but she says that he came openly to
her house & remained there publicly, as far as the situation of the
house would admit of, -- there was nothing secret[?] or like conceal
-ment in his conduct, as far as she saw -- She also saith that the
said Augustus did not, since he last came in nor did he ever re
-quest this defendant to permit him to carry off said Slaves or any
of them; nor, indeed, did he express the slightest which to do so : And she
believes that he had no such intention, because he was in Orange
for several weeks, a few years past, while the Complainant was
absent in Georgia & could then have easily taken them away ; if he
or this defendant has such a design, & because she thinking that said
Augustus knows her too well to think that she would have consented to
any such measure, even if he had proposed it -- For this defendant said
that she then believed that she had good right to said Sarah at the
time of making said deed to her Son Samuel & that she could convey to him
thereby a good little said Slave, & well-knowing that she had made the
deed, she would have been the first to spurn & reject any proposal
to defraud the Complainant or any other person of the right derived un
-der the deed --- This defendant however says, that she is now advis
-ed that she had no such right to said Sarah as she attempted to con
-vey by said deed & that it is her duty to state all the circumstances
of her title & those attendant upon the making of the said Deed, fully
to this Court, as will in explantion of her conduct as for the pro
-tection of the right of those, who claim the remainder in said Slaves
after the death of this defendant - She therefore said that hshe de
-rives title to the said Slave under a clause in the Will of Colo. Sa=
-muel Benton deceased late of Granville County (which has ?lately??? been
proved & recorded in Granville County Court), whereby he bequeathed [See Note 3]
" three Negro Slaves, to wit Sambo Gabriel & Sarah should remain in the pos=
" session of my wife (this defendant) during her life & widowhood; & at her
" decease & [orig "or] marriage that the said three slaves be by my executors
" exposed to sale & the monies arising thereby be applied to the payment
" of legacies & the overplus, if any, equally divided between my Son Sam
" & others of my younger children, whom (who) shall then survive" Thus
defendant further saith, that after the death of her husband, the said
[page 3]
(old) Sarah had issue a female children name Dilce who is the mother
of Sarah (the younger) mentioned in the bill of Complaint - She further
saith that she is now advised that she had only a life Estate in Said
deed & before & long afterward &, indeed, until she applied to Counsel
to advise her in this cause, she had thought that she had a
good title to her; Such belief was founded upon the opinion of
her said Son Samuel himself, who was the principal advised in
his life time, of this defendant; he informed this defendant & friend that
as, but the times of the said bequest the three other[?] negroes alone were
to be sold, their increase would belong to this defendant And this de
-fendant saith that under that belief & for the purpose of advanc
-ing her said Son in life as a small remuneration for the many
acts of kindness which she had received from him in her old age she
made the said Deed; which was purely voluntary & without any
valuable consideration - She further answering saith that at
the time of making the said will of her husband & at his death, he
had the following children by this defendant, towit, Betty, Lam, Penny,
Patty, Samuel, John & Augustus, who were born in the order in which
their names are herein mentioned - the said Betty being the eldest *
the said Augustus the youngest; And she saith that they are now
all dead, except the said Patty who hath intermarried with ?????
Mangum & resides in Wake or Granville County & the said Au-
-gustus This defendant further saith that Charles Bruce one of the Executors
of her said husbands will is ????
& resides in Guilford County ??????????????????????interest thereof
This defendant saith that it doth not interest her much, whe
-ther her said Children or the Complainant (who married her Grand-
-daughter, towit, the daughter of her Son Samuel) should have the said
slaves at her death - they are equally near to her : But she is
desirous that those to whom they actually belong, should receive
them, & that they should receive no prejudice by any omission, or any
act of hers, resulting from her want of knowledge of the true state of
their right or her own. -- She therefor submits to this Honor
able Court, whether the Complainant hath derived any title
to said Slaves by virtue of her said deed &c, if not, whether he can
call on this defendant to secure the reversion? or remainder
in them to him after this defendant's death -- She admits that
the said Augustus resides in South Carolina & believes that he
hath not much property. -- but whether his habits be as depraved
or his principles as corrupt as Complainant charges, she knows
not; & if they be, she hopes long to remain a stranger to them - She
can not however but regret that the charge should have been made by
Complainant, with whom both her said son & herself are con
-nected by the nearest alliances - She further saith that her
( situation
[page 4]
situation is now truly a deplorable one- It has been long soli
tary & melancholy - She lived without friend or companions
except her slaves, in poverty & distress, laboring under bodily in
-firmities & age which disabled her from helping herself - But even
the ["few" x-out] Comforts of her only personal attendant hath now
been wrested from her by this most unkind attempt of Com
-plainant founded upon reasons & suggestions existing, not
in the reality of thing but only, in the suspicions & imaginati
-on of the Complainant - For she again avers most solemnly
that it never entered her head to attempt to deprive Complain
-ant of the said Slaves - She thought, they belonged to him, & she
would have suffered any pain or privation, before she would
be accessory to an attempt injurious to those right which, she
believed were vested in him - The Complainant knows will that
such have long been her principles that altho' she is old & discouraged[?]
["within?" x-out] the persuasions of a Son even it made could neither make her dishonest, nor
fraudulent - of which she hopes the Complainant will be satisfied, when he
finds in her firmness enough to resist the most unjust measure of
his own, even at the expense of the small remnant of comfort
& convenience, which had been left her : ~~ She denies all ????
& combination & prays to be hence dismissed with her costs most
unjustly expended in this behalf &c
North Carolina
Frances Benton maketh that the several matters of
fact set forth in the foregoing answer as of her own know
-ledge are true & the rest she believes to be true
Sworn to before Frances Benton
me this 25th of September
AD 1819 C Campbell Q.S.
[Estate Papers - Bill of Complaint against Abner Bruce 22 Mar 1815]
State of North Carolina }
} In Equity
Orange County }
To The Honorable the Judge of the Court of Equity
for Orange County
The Bill of Complaint of John
Taylor Executors[sic] of the last Will &
testament of Samuel Benton decd.
Against
Abner B. Bruce
Humbly complaining Sheweth unto your Honor your Orator
John Taylor that Samuel Benton late of Orange County deceased,
was in his life time & for many Years before his Death Clerk of the
Superior Court of Law for Hillsborough District and then of
Orange County; that during part of this Time he employed
Abner B. Bruce to act as his Deputy in the Office, and that
in the Discharge of his duties as Deputy Clerk the Said Abner
received large sums of money for fees and the said Samuel
Benton advanced considerable Sums of Money from time to time
to him for the necessary purposes of his Family as your Orator is informed and believes and that the
Said Samuel died without having come to any Account
or Settlement touching the said Fees or advances of Money with the Said Abner : And that since the death
of the Said Samuel, the said Abner was appointed Clerk of the
Superior Court of Law for Orange County and as Clerk of
Said Court received Sundry fees due to the said Samuel on Suits pending or on
executions issued at the Time of the death of the said
( Samuel
[page 2]
Samuel - Your Orator further shews that since the death of
of the said Samuel, Your Orator, who was appointed Executor of his
last Will & testament, proved the said Will in Orange County
Court and qualified as Executor thereof: And the Said
Abner hath instituted a Suit against your Orator in the
Superior Court of Law for Orange County claiming a large
Sum from your Orator Executor aforesaid for fees due to him
for services as Deputy Clerk aforesaid; and refuses to set forth
an Account of the Monies received by him for the fees whilst acting
as Deputy aforesaid, or of the Monies receive by him from the
Said Samuel for the uses and purposes of his Family as aforesaid
And you Orator is unable at Law to compile a Discovery, or to
[pass? form?] the Specific Sums, the knowledge thereof resting solely in the
Said Abner : And your Orator wishing that a fair adjustment
of the Accounts between the said Abner and himself as Executor
aforesaid should take place proposed a reference of the said
Accounts and ??? offered to Submit the Settlement thereof to the
Gentlemen who are employed as Counsel for this said Abner
in the said Suit : & the said Abner refused to accede to your
Orators Proposition, & your Orator shews that it is utterly impossible
in a Trial at Law to have the Account aforesaid properly adjusted.
& he believe if a fair settlement of the Said Accounts are
made, that nothing is due to the said Abner, And that the
Said Abner is indebted to the Estate of the Said Samuel
( Benton
[page 3]
Benton deceased - And In as much as your Orator is remediless in the
Premises, Save only, in the Court where matters of Account are properly
cognizable and relievable, and to the End that the Said Abner
may be injoined from providing in his Suit at Law and that the
Account aforesaid & all Others existing between the said Abner and Your
Orator as Executor aforesaid may be settled under the Direction of
You Honor in this Honorable Court : And that the Said Abner
may full, true & perfect Answers make to all and Singular
the Charges of your Orators Bill and my set forth what fees
he Received and applied to his own Use whilst acting as Deputy
Clerk aforesaid and what Sums of Money he received from the Said
Samuel Benton or the Said Samuel paid to his Use, And that he
may be examined, upon Interrogations upon all Points touching or
growing out of the Said Accounts; & that your Orator may have
Such other & further Relief as Shall be agreeable to Equity and
good Conscience : May it please your Honor to grant to
your Orator not only a Writ of Injunction to be directed to the
Said Abner, commanding him to abstain from all further
Proceedings in his Suit at Law aforesaid, Untill the further Order
of this Court; But also the States Writ of Subpoena to be directed
to the Said Abner, commanding him to appear & answer, &c
& Your Orator as in duty bound will ever pray
A. D. Murphey for Complt.
John Taylor maketh Oath that the Facts contained in this his Bill of
Complaint against Abner B. Bruce which are of hits own Knowledge
are true & all those not of his own Knowledge he believes to be true
Subscribed & sworn to before me this
22d March 1815 J Taylor J Taylor
[page 4]
Sworn to before me this 22nd of
March 1815
Jn. Hall J.L.C.C.E
The Clerk & Master of the court of Equity
for Orange County will let an injunction &
??? issue agreeable to the prayer of the
within bill upon ????? giving bond
& security agreeable to the act of Assem
-bly in that care made & provided
But the Deft has leave to go on at
Law to Judgt ---
Jn. Hall J.L.C.C.E
filed 22 March 1815
A.B.B
[Estate Papers - Answer to Petition]
State of North Carolina }
Orange County . . . . } In Equity ---
The answer of Abner Benton Bruce to the Bill
of Complaint of John Taylor Executor of the Will of Samuel
Benton deceased ---
The Defendant saving to himself now and at all
times, all manner of benefit and advantage of exceptions to the many
uncertainties and insufficiencies in and of the said Bill, for answer there[?]
or ??? so much thereof as the Defendant is advised is material [and?]
necessary for him to answer; Answering admits that Samuel Benton the
Testator was many years before his death Clerk, first of the Superior
Court of Law of Hillsborough District and afterward of the Superior
Court of law of Orange County, and continued to be the Clerk of the
Court last aforesaid until his death, which happened in the Month
of October in the year A.D. 1810. --- The Defendant saith that in
or about he Month of November in the year 1803, the said Samuel
then being Clerk of Hillsborough District Court he applied to
the Defendant he applied to the Defendant[sic] to become his Deputy
as Clerk of the said Court and to assist him in the performance
of the duties of the said office, the Defendant in answer to that
application to the said Samuel that he was willing to become his
Deputy in the said Office, but if he did so, he must as a compensation
for his services therein, have half the fees generally, and all the
fees for making out copy of records, as that was a very laborious
part of the business and the fees very low: the said Samuel replied
that he could not and would not do the business himself, which
the Defendant understood as an assent to his said proposition
and believes the said Samuel so intended the ??????; and that he
said Samuel said several times in his lifetime that the Defendant
was to have half the feeds for this attentions to the duties of the said
office. The Defendant saw? after the said emunerations?, at the
request of the said Samuel, commended the performance of his
duty as Deputy of the said office, made out all the Executions
and other process, or the greater part thereof returnable to April
Term 1804, and since that time executed and performed almost
the whole of the duties and labour of the said Office, except in
[page 2]
in Open Court, and much of the labour there, until the Month of August
1810, and sometimes the whole of the business in Court.
The Defendant further saith that he sold to the said Samuel
a Mahogany table at twelve dollars price, and that he made out
and left with the said Samuel, sundry copies of Record to be delivered
which he understood from the said Samuel he did deliver and receive the
fees therefor, and receive the payments Credited vizt.
To 1. large Mahogany Table -- -- -- -- $12 -- -- -- 6. 0.0
To fee receive Copy Benhan & Pollock vs Hunter & Giles -- 10.0
do William vs W Neil -- -- -- -- -- -- 10.0
do Dixon vs Smith -- -- -- -- -- -- -- 10.0
do Buchanan & Pollock vs Hunter & Giles for Ross 10.0
do 2 do Ramsey's Exrs vs Brown -- -- -- -- 1. 0.0
__________
9: 0:0
By each in part of Table -- -- -- $3 -- -- -- 1.10.0
By paid E. James for Defendant -- -- -- -- -- - 5. 6.10
__________
2:10:0
Which credits are all the pay unto Defendant no[w?] recollects to have
been made by the said Samuel to him, during the time of his deputa-
tion aforesaid
And the Defendant further answering positively denies
that he at any time during his deputation aforesaid received
and retained, or converted, to his own use any part of the fees
or other monies due to, or paid into the said office (except fees for copies of records); and saith,
that although he, in the performance of his duty as Deputy
aforesaid, settled many accounts with Sheriffs and others, and
seized the same, that he did not retain the Money or any
part thereof paid on the said account, but either immediately
paid it over to the person entitled ["to have? it" x-out], or delivered it over to
the said Samuel - The Defendant also positively denies that
he during the time of his deputation aforesaid received any
sum or sums of Money of the said Samuel for and on account
of his said services, or on any other account except as aforesaid;
and saith that before his said Deputation he had carried on trade
and Merchandise in the Town of Hillsborough, was Register of
the County of Orange, and since the Spring of 1807 was Deputy Clerk
and Master of the Court of Equity of the said County; and was by
means thereof and other resources enabled to support his family without
any payment by the said Samuel.
[page 3]
The Defendant further saith that he did not insist on payment
from the said Samuel because he was the Uncle of Defendant, and
was much indebted and pressed by his Creditors ---
The Defendant further saith that the Complainant acted as
Deputy of the said Samuel in his Office from August 1810 till March
Term 1811 and received of the Sheriff twenty dollars of the fees due
the estate of the said Samuel in executions returnable to the said March
Term. At that time the Defendant was appoint Clerk of Orange Superior
Court of law, and hath since received of the fees doe the ["said" x-out]
estate of the said Samuel and the Complainant as Deputy aforesaid,
those stated in the Schedule hereunto annexed
marked A, which the Defendant verily believes contains all he has
received and prays the said schedule may be taken and received as
part of this his answer.
And the Defendant further saith that he admits the death
of the said Samuel Benton; that he made his Will in writing in
his lifetime which was duly proved and the Complainant qualified
as Executor thereof; and that he instituted a suit in the Superior Court
of law of Orange County, as severally set forth in the Bill -- And
saith that there has been several conversations on the subject of
referring the said suit to arbitration; that he has until this Term
been willing to settle it in that manner and has often given his
consent to do so : and particularly since the last Term of this
Court at the time and place at which T. Ruffin T. Nash and
W. Morwood esquires arbitrated and settled another matter
matter[sic] between the parties, it was proposed to settle this also, and
the Complainant refused to submit it to those gentlemen. At
the last Term of this Court a proposition was made to refer
the said suit to Arbitrators, the Defendant consented, the suit was
paused, and afterward the Defendant and one if not both of
his Attorneys made frequent attempts to have the entry of reference
made, and it was evaded on the part of the Complainant. It
is true an offer to refer the said suit has been made to the
Defendant at this time and he has refused because he believed
the offer was made for the purpose of obtaining a continuance of
the cause[?]. The Defendant saith that he is justly and fairly entitled
to a judgment in the said suit for a large amount, and hopes to
recover the same if he can prove the truth of the case to the
Court and jury --- The Defendant denies all fraud & Combination
[page 4]
without that, that &c &c pray hence to be dismissed with his costs &c
Abner B. Bruce the Defendant maketh Oath that the several matters of
fact contained in the Answer as of his own knowledge are true;
and the rest he believes to be true by the best of his knowledge & belief
Sworn to & subscribed before me
this 23 March 1815 A.B. Bruce
James Webb C.C.E.