Lenoir County, NC - Fordham vs Miller, 1823

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FORDHAM vs MILLER  NC Supreme Court Case #1906  Lenoir County  
Original found at the NC Archives, Raleigh, NC  original spellings 
retained.

NOTE:  Most Supreme Court Cases are disjointed and often many documents 
are not clear. I have tried to arrange this case in as readable form as 
possible.

3rd Monday after 4th Mon of March 1823  John Fordham vs Phillip Miller 
 Daniel Miller was the def and he was the Exr of Phillip Miller, dec

Show why the depositions of Rich. Reynolds, Philpenah Kincey, Silas 
Perry and Isaac Brown should not be suppressed without prejudice. 

The Bill was brought by the surviving husband who has taken out letters 
of Administration on his dec wife for the negro who he says belonged to 
her.  Judge said the Bill should be dropped.

Answer of Phillip Miller  13 April 1819 - Nancy was 32 and unmarried 
and asked for provision for herself and if she should marry and not 
have children the possessions would return to her family.  Phillip 
Miller made the paper writing in 1812  to give her Essex and Jude 
during her life. William Miller kept the writing to be taken to Court 
only if Phillip died without a Will.  Nancy and the negroes went to 
live with William until she married. She never had anything but a life 
estate in them.  Not sure what happened to the deed but it was never 
taken to Court. She did plan on giving Essex to her nephew, John 
Koontz, if she had no children. Phillip Miller, the father, did not 
approve of the marriage. Nancy asked to take Essex home and William 
said OK and to take Jude also. Her husband said no without a clear 
title.  Fordham had children by another wife. Phillip originally 
purchased Essex in Norfolk, Va in Jan 1810 of Mathew Hubbard and John 
Leslie.  He was one of nine that Phillip paid $1480 for. The increase 
of Jude are Dorcas, George, Mary, Dennis and Miles

Answer of John Fordham  states that 12 years ago, Phillip gave Nancy 
Jude and Essex. They were in her possession all this time.  He married 
Nancy 16 Feb 1817.  After the marriage, Phillip took Jude and her 
children to his house.  Nancy died 13 Sept 1817 and Fordham received 
letters of Administration in Jones Co. He asked for Jude and her 
increase and he refused (not sure who refused). Also said Philip 
purchased Essex with Nancy's money. Claims the negroes belong to Nancy 
and now to him as her widower.

DEPOSITIONS
1.  Elizabeth Cauley  31 March 1821  heard Nancy Miller say she had 
no negroes and her father had the right to take the negroes where he 
pleased. On Thurs before Mr. Fordham and Nancy Miller were married, 
Nancy said she had no right to the Negroes but Mr. Fordham said the 
Negroes were Nancy's but it was Nancy he wanted.  signed her name
2.  Sarah Davis  31 March 1821  she was well acquainted with Phippena 
Kinsey and had lived with the old lady  she was a midwife and loved 
the bottle.  signed with a mark
3.  William Isler  31 March 1821  he was acquainted with Richard 
Reynolds who was a free Mason  Reynolds was intolerant and with drink 
 he did not believe in Christ
4.  Benjamin Harrison  31 March 1821  Richard Reynolds does not 
poffess any religion  Reynolds was a wicked man and a aethist  
Harrison states he was acquainted with Melicia Stanly a wit in this 
case  known her for 25 years and she is religious and of good 
character
5.  William Miller  31 March 1821  heard a conversation between Nancy 
Miller (now Fordham) and Phillip Miller  Phillip offered to give her a 
deed of gift for negroes Essex and Jude and her children and she said 
she did not want them but offered to take them for her life and then to 
her children if she had any or return them to her family  her father 
agreed to this and there was an instrument of writing.  Frederick 
Gooding and I witnessed the writing  date was about 1812 or 1813  she 
gave me the writing to keep for her  about 1818 she asked for the 
writing and I gave it to her and she gave it to her father, Phillip 
Miller.  Phillip lost the writing and Nancy never claimed the negroes. 
Nancy lived with me and I pd the taxes for the negroes  and they were 
under my control. William further states relative to the character of 
William Dean who had gone to Georgia  I visited him in March 1820 and 
he was steady drunk and would swear to anything.
6. WILLIAM DEAN, WILEY MILLER and BENJAMIN FORDHAM  State of Georgia  
8 June 1820  (Wilkerson County) Dean states he lived with Isaac Brown 
and Nancy lived with her brother, William.  He first met Nancy in 1783. 
Don't know if she had a right to the negroes but they were called hers 
 woman Jude and Essex was a boy Fordham  never heard Nancy say the 
negroes were lent to her. Said Dean was drunk when he gave his Dep 
Miller  did hear Nancy say the negroes only hers for her life and then 
to her children or back to her family
7.  Evan Griffin  aged 66  nothing new
8.  Francis Gooding  aged 31  nothing new
9.  Daniel Miller  31 years  nothing new
10.  Adonijah Perry of Jones Co  when Phillip Miller and his daughter 
were visiting she said the reason she went to live with her brother was 
because her stock was getting too big to keep separate
11.  Sollamon Carey of Lenoir Co  10 Oct 1821  said Benjamin Davis 
was a wit and was not truthful and drank too much
12.  Mary Gooding, Elizabeth Griffin, Winifred Gooding, Betsy Cauley, 
Michael Pickle, John Averton, Francis Nunn, Benjamin Harrison, William 
Isler, Milicia Stanley, William Miller  30 March 1821  Mary Gooding  
55 or 60 years old  (indications that she was the widow of Frederick 
Gooding but not actually stated)  signed with a mark  nothing new 
Elizabeth Griffin  nothing new Winifred Gooding  nothing new Milcia 
Stanley  acquainted with Richard Reynolds and lived at his house  
signed with mark
      Francis Nunn  nothing new
      Michael Pickle  nothing new
      John Overton  nothing new  signed with a mark
13. Rigdon White  Lenoir Co  nothing new
14. Joseph Pearce  nothing new

Phillip Miller Sr had a son Daniel Nunn Miller and Daniel Miller were 
Exr of Phillip Miller who died by 1825

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