Lenoir County, NC - J.H. Jackson & Wife, others vs E.H. Rhem, Jr.
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NC Supreme Court Case #8498 J. H. Jackson and wife and others vs E.
H. Rhem, Jr., Adm'r & Others Dec 1860 Case found at the NC Archives,
Raleigh, NC and abstracted by Martha Mewborn Marble
John Henry Jackson and wife, William J. Hunter and wife vs Edward Rhem
Adm of Edward Rhem, dec Petition to distribute shares of estate
John H. Jackson & wife Nancy and William J. Hunter & wife Christeanna
of Lenoir County state that Edward Rhem late of the County of Craven
died late in the year of 1855 at Dec Court 1855 Edward Rhem Jr was
appointed administrator Edward Rhem dec had a large personal estate
consisting of notes accountable worth about $5000, 30 negroes, a large
amount of chattle property and he was not in debt the administrator
has had plenty of time to settle the estate and he hasn't
Edward dec had next of kin as follows: a brother Jacob Rhem who lives
in Craven Co; William B. Rhem and Susan wife of Joseph Kinsey children
of deceased brother, William; William, Haywood and Edward Rhem (the
said administrator) children of deceased brother, John; Elizabeth Gracy
wife of H. G. Gracey, Hannah wife of Daniel Perry, Susan wife of Elijah
Perry, John, Joseph and Priscilla Rhem children of deceased brother
Amos; George W. and Jacob West the children of deceased sister Hannah
West; Amos Simmons, Mary wife of George Hatch, and Sophia wife of
Philip Forness children of deceased sister Elizabeth Simmons; Julia
Sanderson daughter of deceased sister Christiana Foscue; and your
petitioners Nancy Jackson and Christiana Hunter as the children of
deceased brother Melcher Rhem.
The petitioners are entitled to 1/8 part and are desirous of receiving
their share.
The following reside in Jones Co Hannah Perry wife of Daniel Perry,
Priscilla Rhem, Elijah Perry and wife Susan, Julia Sanderson and Susan
King (sic) wife of Joseph King (sic). The following reside in Craven
County Jacob Rhem, Haywod Rhem, George W. West, Elizabeth Gracy,
Joseph Rhem and Amos Simmons. The following reside in Lenoir County
Jacob West, John Rhem, John H. Jackson and wife Nancy and William J
Hunter and wife Christiana. The following are non residents of North
Carolina William B. Rhem, Mary Hatch wife of Joseph Hatch, Philip
Forness and wife Sophia.
The estate should be settled as follows:
1/8 share brother Jacob who is surviving
1/8 share William B. Rhem and Susan wife of Joseph Kincey children
of dec brother William
1/8 share Edward, Haywood and Edward Rhem children of dec brother John
1/8 share Elisabeth Gracy wife of H. G. Gracy, John, Joseph and
Priscilla Rhem, Hannah wife of Daniel Perry, Susan wife of Elijah Perry
children of dec brother Amos
1/8 share George W. and Jacob West children of dec sister Hannah West
1/8 share Amos Simmons, Mary wife of George Hatch, and Sophia wife of
Philip Forness children of dec sister Elizabeth Simmons
1/8 share Julia Sanderson child of dec sister Christiana Foscue
1/8 share Nancy wife of John H. Jackson and Christiana wife of William J.
Hunter children of dec brother Melcher Rhem
Maringo County, Alabama Court Sophia E. and Philip D. Forness resided
in this county.
Answer of the defendants many of the heirs deny that Nancy Jackson
and Christiana Hunter were next of kin and further said they were not
entitled to any part of the estate. They contend Nancy and Christiana
are the illegitimate children of Melcher Rhem as said Melcher Rhem
never married.
The following were brought into evidence to support the marriage of
Melcher Rhem
His Will which was in a previous newsletter said Will called Nancy
and Christiana his legitimate children
His Marriage License
Melcher Rhem of Lenoir County makes application for a Marriage License
on 21 May 1835 his intended was Ally Davis the cost of the License
was 500 pounds and the
WIT was Lewis C. Desmond
Depositions
NOTE: Many of these depositions said the same thing so only additional
information is given for each deposition after the initial statements
are covered
1. John Daugherty 26 Feb 1858 - was acquainted with Melcher Rhem and
Alice Davis for 30 years or more previous to the time they were said to
be married Alice lived on Melcher's plantation 20 years ago and
people thought they were married and they lived together until she died
I called her Mrs. Rhem but I was not present at the marriage. Mrs.
Rhem had children before she lived with Melcher by the names of
Eunice, Ann, William and Athenise?? then she had two more children by
the names of Nancy and Christiana who were twins Melcher and Alice
had co-habitated before their marriage and these children were called
Davis then changed to Rhem Melcher treated all his children alike
2. James Kilpatrick 26 Feb 1858 stated he had known Melcher all his
life, 50 years, and had known his wife for 30 years he was not sure
they were ever married Alice and the children attended Church in
Rhem's carriage but Rhem didn't attend church or if he did he went
separately
3. Dr. Thomas Woodley 26 Feb 1858 stated Rhem and his wife had
children William, Nancy and Christiana stated he considered her Mrs.
Rhem but he could not testify to their marriage as he (Woodley) was not
a citizen of Lenoir Co at the time
4. Richard W. King 26 Feb 1858 stated they always acted as if married
5. Jesse Jackson 27 Feb 1858 - stated he knew Melcher and Alice
since 1835 and they treated each other as husband and wife and the
children used the surname of the father in 1846 Rhem requested me to
have his three oldest children legitimized as I was a member of the NC
Legislature I asked him about his daughters Nancy and Christiana and
his reply was they were born after his marriage with Alice and were
legitimate I wrote the Will of Rhem and I called his two oldest
children illegitimate per his request their names are Emily wife of
John Rhem and Martha wife of George W. West and they were born before
he married Alice Alice joined the Church at Harriett's Chappell in
June 1843 as the wife of Melcher Rhem
6. P Hardee 14 April 1858 - he did not marry them despite the rumor
he thinks that Rhem just got the license to keep from being indicted
7. Ann B. Bryan 1 May 1858 she did hear Rhem say he never married
Alice and he told her this as Alice was laying dead in the house
(Note: although it does not say so there are indications that Ann was
the wife of Lewis O. Bryan
8. James E. Edwards 16 April 1858 stated he herd Rhem say he never
married Alice in 1847/48 but he (Rhem) intended to take care of all of
his children in his Will
9. Alexander Tilghman 8 June 1858 stated he knows James E. Edwards
and Edwards was generally considered a man of bad character and I would
not believe anything he says stated that Edwards was not of sound mind
10. John Jackson June 1858 stated he had known James Edward for 3
or 4 years and would not believe his oath stated that Rhem treated
Alice as his wife
11. Fred. G. Griffin 8 June 1858 stated he had known James Edward
for 5 or 6 years and had a bad reputation for the truth stated I
lived about 8 miles from Rhem
12. Lewis O. Bryan stated he heard Rhem say they had never married
13. Ann Bryan said Rhem told her he never married Alice because of a
promise
14. Shadrack Loftin stated he lived 4 miles from Rhem and further
stated that Rhem was displeased with the marriages of his twins and he
never wanted them to inherit stated that Rhem told him he intended to
change his Will but he died before doing so
Superior Court Fall Term 1860 in this document it states that Clinton
Cox boarded with Rhem in 1836 and Rhem told him he used to keep Alice
in a house in the old field about 300 yards from the main house and
they had 4 children. Then Rhem moved her to the main house and had the
twins who were about 9 months old in 1836 he stated that Rhem told
Cox he was not married to Alice and "he be dammed if he ever would
marry her"
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This file was contributed for use in the USGenWeb Archives by
Martha Mewborn Marble - mmarble@erols.com
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