Lenoir County, NC - Tilghman vs West, 1851
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#6946 MICHAEL TILGHMAN, ADM VS KINION T. WEST, EAL
Dec 1851 - Lenoir County
Michael Tilghman, Adm of John Tilghman dec vs Kinion T. West and Teresa his wife
and Alexander Kilpatrick and Susan his wife - filed Nov 18, 1857
Bill of Complaint - I Michael Tilghman administrator of John Tilghman dec of
Lenoir Co - John was possessed of very considerable personal estate and he did on
or about the ---- day of ---AD 18--- made his last will and Testament and
nominated Joseph J. Tilghman sole executor of his said Will - said John departed
this life in 185--- without altering or revoking his will - Joseph J. Tilghman
was proved at court as exec and took the personal estate of said John - Joseph J.
Tilghman has now departed this life intestate and said Michael obtained letters
of Administration of the dec John from the Court in 1850 - said Michael now has
the personal estate of John which was unadministered by the said Joseph, the exr -
Joseph Watson late of Lenoir Co made and published a Will bearing date 29 Oct
1831 and among his bequest - he gave and bequeathed unto his son John A. B.
Watson as follows "seventhly I give and bequeath unto my son John A. B. Watson,
the land whereon I now reside after the death or marriage of his brother, two
negroes by the names of Reubin and Silvy, one mare by the name of Randy, one gang
of hogs in the pecoson, one bed and furniture to him his heirs and assigns for
ever. Forthly All the property not before specified such as household and
Kitchen furniture, farming utensels I desire may be equally divided between my
wife and my son John and all that I have heretofore loaned to my wife, I desire
at her death or marriage, for the sum to be equally divided between John, Teresa
& Susan Watson. Also I desire that if either the aforesaid heirs John, Teresa
and Susan should die without any lawful issue of their body their property may
be Equally divided between the younger surviving heir or heirs of aforesaid
John, Tercy and Susan"
And appointed his son John A. B. Watson Executor of his said Will who duly proved
the same in the proper court - stated a copy of the Will was annexed (it wasn't)
and he plans on using the will as part of his Bill of Complaint. The said Joseph
Watson departed this life sometime in 1833 and his will was admitted to probate
at the July Term 1833. The executor, John A. B. Watson was largely indebted and
greatly embarassed in his affairs and being desireous of securing the payment of
his debts to his various creditors among whom were the defendants Kinion T. West
and Alexander Kilpatrick on the 19th of Feb 1841 made an executed to Pinckney
Hardee a deed whereby he conveyed all his estate both real and personal including
the slaves Reubin and Silvy given to him by the testator Joseph Watson, in trust
to sell the same and pay his creditors Kinion T. West & Alexander Kilpatrick &
others
Your orator also shows with the consent of said Kinion T. West and Alexander
Kilpatrick and the other creditors mentioned in the deed of trust, the said John
A. B. Watson was permitted to retain the possession and custody of the said
property both real and personal for said condition to the said Pinckney Hardee
with the hope and expectation of the profitable use and employment he might
relieve himself from his embarrassments for an indefinite time and he remained
in possession until his death in May 1845 - immediately upon his death the said
Hardee took the said slaves Reubin and Silvy together with all other property
mentioned and advertised he would hire out the negroes until the July Court
1845 in Lenoir County and he would then sell the said negroes as the trustee of
John A. B. Watson under the deed of trust.
The said John departed this life without ever being married and had no children,
leaving surviving his sisters the defendants Terresa and Susan to whom the
property was given in the will of Joseph Watson. The said def Kinion T. West
intermarried with the said Teresa and Alexander Kilpatrick intermarried with
the said Susan. Because the debt to the two defendants was mentioned in the
deed of trust, the negroes were conveyed to satisfy the debts. The other debts
were not paid and your orator further charges the def Alexander Kilpatrick
bought from some of the other creditors their notes - both West and Kilpatrick
were advised of their rights to the negroes under the will - the negroes were
put to public sale and West was present as was Kilpatrick - Kilpatrick bought
the said woman Silvy and paid Hardee for her - West requested $1000 for the land
that was sold at the same time. The slave Reubin was bidd off by John Tilghman
for an extradinary price and he paid the money to the said trustee, Hardee -
Hardee made a Bill of Sale to Tilghman
At no time did the defs make any objection to the sale or present any claim to
the slaves. The money from the sale was insufficient to pay all the debts - then
the def West inquired of his rights under the law with respect to the slaves
under the will
Plf stated that the defs were guilty of fraud and should not benefit from it.
John Watson knew he could not convey the sales under the conditions of his
father's will. The court said the two defs would be entitled to 80% of the
proceeds of the sale as creditors - Hardee paid them $355.94 being 80% and also
paid Kilpatrick $108.79 being his 80%.
Plf states that John Tilghman purchased the slave bona fide and gave full value
and he was never told of the claim to said slave by the defs until some later.
Then the defs made a formal demand for the slave Reubin but he refused to
surrender him. The defs then took out a writ in Court in Craven Co. Since John
Tilghman is dec the plf is now a party to said suit. Michael states the defs
should not be allowed to recover the slave
The above was signed by Washington & James W. Bryan, attorneys
Michael Tilghman made oath the information was correct
3 August 1857
ANSWER OF KINION T. WEST AND TERRESA HIS WIFE AND ALEXANDER
KILPATRICK AND SUSAN HIS WIFE
Stated there were many errors in the Bill of Complaint
They admitted to the death of John Tilghman and his exec died intestate. They
also admitted the Will of Joseph Watson did contain the clauses set forth. They
admitted John Watson was indebted to many people including the defs - West was
guardian to his wife before he married her but he was never paid what was due
him as guardian - both West and Kilpatrick denied that John Watson was indebted
to them - at the time of the deed of trust Kilpatrick was living in another
state and was not married to Susan until some time after the deed was made. The
debt to the defs was a small part of what Watson owed. They stated the two
negroes and the land was a small part of the estate that John conveyed in the
deed of trust - there was no provision made in the deed for money owned to
Kilpatrick.
Teresa was under the age of 21 when she married West. Susan was also under age
and married Kilpatrick in September 1841. The negro Reubin was sold for $527 and
Kilpatrick bought Silvy for $251, the land was sold for $60 and the residue was
about $2400. They admitted the said Hardee paid West $355.29 for his portion
which included the proportion of the debt due to John - last name not readable
but could be Lane - West said he did not receive a sum of $70 for the sale of
Reubin - he offered to refund the same to said John Tilghman if he would
surrender him (Reubin) - West states that it has been more than three years and
the Statue in the year 1837 limited the time where a suit could be brought.
Kilpatrick stated that in September 1841 some 7 months after the execution of
the deed of trust he married Susan and by being kin he was requested by John
Watson to pay to Philips and Oxley the money he owed them which he did but John
did not live up to his promise. The $108.79 he received from Hardee was for the
money he gave to Phillips nd Oxley and had nothing to do with the slave Reubin.
Both West and Kilpatrick denied they ever were aware of the title to the slaves
and Kilpatrick stated he bought Silvy without knowing his wife was entitled to
her. Had he known he would not have bought her with his money but she was a
family slave and his wife was desirous of having her. He never read the will of
Susan's father. Kilpatrick stated he bid on a piece of land that John Watson
owned independent of his father's will.
The slave Reubin was now in Craven Co
The above statement was signed by the attorney for the defs - name not readable
The defs signed that the statement was correct
K. T. West, T. L. West, A W. Kilpatrick, Susan Kilpatrick
INDENTURE
19 Feb 1841 - Indenture - John A. B. Watson to Pinckney Hardee - owing to
circumstances beyond the control of Watson he is now unable to discharge his just
debts and is assigning his property for payment of same. For $1 and other
considerations he is conveying the said property to Hardee - one tract where I
now reside - 300 acres - courses will appear to a deed from Danny Daugherty heir
at law of Daniel Daugherty to the said John A. B. Watson - also two tracts adj
the lands of George Moy, Jesse Jackson and others being the same which was
devised to me by the will of my father Joseph Watson - another tract adj the
lands of John Patrick, Jacob Daugherty the courses will appear in a deed from
James Daugherty Jr - 424 acres - also one negro man named Reubin and one negro
girl named Sylvia, 6 head of hogs, household and kitchen furniture & fifty
barrels of corn, 200 pounds of pork, farming instruments, & carts, wagons - to
hold by the said P. Hardee as soon as requested by creditor and on 20 days
notice shall place all at public sale - after deduction of his reasonable charges
the said Hardee shall discharge the following debts: one note payable to J. C.
Washington guard to the minor heirs of John Cobb for thirty seven dollars dated
today with interest from 3 Jan 1838; one note payable to J. C. Washington guard
to the minor heirs of John Cobb dated 7 Jan 1841 for four hundred dollars; one
note payable to the same dated 5 Jan 1841 & payable at twelve months for one??
Hundred and seventy dollars and fifty cents; one note payable to J. C.
Washington & James Bryan adm of John Washington dec payable 24 Dec 1838 for
forty one dollars; one note payable to J. C. Washington for the sum of four
hundred and sixty dollars and eighty one cents dated the 18th last; one note
payable to J. C. Washington for fifty one dollars and seventy five cents dated
the 18th Mar; one note payable to J. C. Washington & Co for thirty seven dollars
and sixty cents dated 18th July; one note to which I am security to Daniel
Broadway and Stephen Lyon ?? belonging to J. & J. C. Washington and payable to
J. C. Washington 7 Oct 1837 for the sum of twenty five dollars; three other notes
payable to H. F. Bond & Co one for one hundred and ninety dollars and ninity two
cents dated today with interest from date 1 day of Jan last - one dated today for
twenty eight dollars and twenty six cents with interest from the 1st of Jan last
- and the other for sixty five dollars and twenty cents dated the 7 of July 1840
with interest from the 1 of Jan 1840; one note payable to Metts and Bond and
dated today for two hundred and twenty dollars; one note payable to the same and
dated 2 July 1838 for forty six dollars and twenty seven cents; one note payable
to Kinion T. West & dated today with interest from the date for the sum of three
hundred dollars; one judgement in favor of Phillips and Oxley stayed ?? by James
Kilpatrick for about one hundred dollars; one note payable to Francis B.
McKinney for about eighty dollars for hire of negro Abner; two notes payable to
John Davis one of which I am security for Lewis Williams for about twenty dollars
- the other one for which I am security for Michel Grant for about twenty
dollars; one note payable to John Rouse for about eighty dollars date not
recollected; one note payable to Isaac B. Cox Administrator of Wilie Kilptrick
for about sixty dollars date not recollected; one judgement in favor of Metts
and Wooten stayed by James Daughety for about forty dollars; one judgement in
favour of Thomas Abbott for about twenty dollars stayed by James Daugherty; the
amount which I am now owing the following persons by account - Hardee & West -
Stephen White - Davis & Kornegay - J Davis & Co - W. H. Haywood - Lovicka Croom
- on account about fifteen dollars - Anna King, one account for thirty two
dollars and seventy cents; one judgement in favour of John T. Luni ?? adm of
Luke Russel for about fifty five dollars stayed by Kinion T. West; one note
payable to the Merchangs Bank New Bern NC for the sum of four hundred dollars
with J. C. Washington & H. F. Bond security; one note in favour of Lewis O.
Bryan one hundred dollars dated as Jan 1840 with Kinion T. West security
together with the interest -
secured on the afore mentioned debts and the surplus if any remains after
fulfilled the trust will pay over to John A. B. Watson in a reasonable time by
Hardee
Signed J. A. B. Watson and P. Hardee
WIT
R. W. King & J. C. Patrick
To Court Feb 20 1841 on oath of R. W. King L. C. Desmond, CC
Enrolled 20 Feb 1841 G. T. Lovick Regr
Copy made 4 Sept 1851 John F. Wooten CME
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