Council Wooten vs John E. Beckon~1851
The Bill of complaint of Counsil Wooten & Simon S. Becton plantiffs
against John E. Becton......&
other defendants
To the Judge of the Court of Equity for Lenoir County
Humbly complaining shew unto your Honour your orators Counsil Wooten of
Lenoir County & Simon S. Becton of Jones County that Susan Jones late of
Craven County departed this life in the Spring of the year 1848 leaving a
bad will & Testament which has been duly proved & recorded in Craven County
Court, to wit at June Session 1848 & by which Said bad will the testatrix
among other things bequethed as follows, "I am anxious to reward the
meritorious servis of the following named Slaves with the boon of freedom
namely Phillis, Ester, Nancy, Patsy. Scot, John, Amey, Plesant, Fortner,
West, Mary, & Sarah which four last named are the children of Amy and all
their further issue & increase, and I request & direct my Executors to apply
a sum not exceeding Three hundred dollars to pay their passage & settle said
slaves in some one of the free State and all the rest & residue of my estate
I give and devise in the following manner, that is to say to my brother
Simon Becton his Executors and adm'rs one fourth part of said residue to my
nephew John E. Becton son of my deceased brother Frederick E. Becton & his
Executors & adminstrators one fourth part of said residue to the children of
my sister Nancy Isler deceased one fourth of said residue in absolute
property & to the children of my deceased sister Betsey Isler in absolute
property the remaining fourth of said residue I appoint my brother Simon S.
Becton of Jones County & Counsil Wooten my Executors": That the testatrix,
said will was published on the 26 July 1847 and not afterwards - that by her
said will she bequeathed to Penny Jones $400 in cash - To Susan the infant
daughter of Malvinia Dimock $200 in cash - to Mrs Mary Brown the Dwelling
House of testatrix for her lifetime and all the household & kitchen
furniture and $200 in cash - And after Mrs Browns death to Elizia the wife
of your Orator Counsil Wooten - Rebecca the wife of William Herring, Eveline
the wife of William Fort, Susan the wife of Levy Dawson, Rebecca the wife of
John Wooten, and John Islier to be equally divided between them & their
Heirs, the said Testratrix devised by the said will her Dwelling House in
Newbern more particularly described in the said will a copy of which is
herewith filed as part of this Bill, marked A. And your Orators shew
further unto your Honor that they have undertaken the office of Executors of
said. And after being duly qualified in Craven County Court have possessed
themselves of all the estate & property of the testatrix a true & full
inventory of which property has been filed in said County Court and a copy
is herewith filed marked B. They have paid the debts and funeral charges of
their Testatrix and there is a large residue on had which they are ready to
account for, with the legatees aforesaid and pay all the specific legatees
according to the true intention of said will, and to perform the Trust
confided to them by their textatorix but unexpectedly to your Orators
several doubts & difficulties arising out of the provision of the will of
their testatrix and the laws of North Carolina as herinafter stated here
presented themselves and your Orators have therefore found it impossible to
settle their accounts & execute the trust aforesaid with safety to
themselves and with justice to others without the previous advice &
direction of your Honor: "Your Orators shew that the said negro slaves
named in the will were owned by the testatrix, at the date of her said will
& also at her death & they are all in possession of your Orators as her
Executors except West who is dead - that several other negroes the children
of said Slaves are also in your Orators possession to wit: little Plesant
born after 26 July 1847 & before the Tesatrix death and Moris Bryant, Henry
& Ransom
See procedings
The children of Nancy Isler deceased named in said will are Eliza
the wife of Counsil Wooten one of your Orators Rebecca the wife of William
Hering of Lenoir County, Eveline the wife of W'm B. Fort who is a Lunatic
and Addison G. Person has been duly appointed his Committee or Guardian all
of Wayne County and Edwin B. Isler of Jones County. The children of
Elizebith Isler named in said will, are Susan the wife of Levy Dawson of
Pitt County, Rebecca the wife of John Wooten of Wayne County and John Isler
of Jones County
Your Orators shew unto your Honor that before they had an opportunity to
perform that part of the testatrix will which authorized & directed said
slaves to be emancipated the residuary legatees aforesaid or some of them
put up a claim that the said bequest of emancipation is void on its face and
that your Orators are bound to account with them for the said slaves, as a
part of the residuary estate of Susan Jones deceased, and that if your
Orators took any steps for emancipating said slaves or for their removal out
of the state the defendants, would charge your Orators for their value;
Secondly the said residnary legatees the defendants put up a claim that if
not altogether void the said legacy of emancipation does not include the
young slaves born as aforesaid after said 26 July 1847: - Thirdly the said
residuary legatees the defendants here put up the claim that your Orators
shall not remove said slaves out of N. Carolina untill they have been first
emancipated by a court in North Carolina - Now your Orators cannot obtain an
order of the court to emancipate said slaves without giving a bond in the
penal sum of $1000 for each slave conditioned that said slave will leave the
state & never return into it. Your Orators are unwilling to become bound
individually for so large a sum of money;without indemnity & they have been
advised that the estate of the testatrix is in this court bound to indemnify
them against loss or the hazard of lost to be incurred by given such bonds
as the law requires for fulfilling a trust of the will & if that were
admitted by the defendant your Orators would at once proceed to emancipate
said slaves according to the true intent of the said will: But the said
defendants refuse to give the bonds required themselves and deny your
Orators right to hold the property of the testatrix or any part of it for
them indenity and they insist upon your Orators settling with them & paying
over the residue to them at once, without any kind of Indemnity to your
Orators this your Orators are not willing to do: and your Orators are again
enbarrassed by the complicting claims of the slaves themselves to be
emancipated according to the will of the testratix and the adverse claims of
the defendants to hold them in bondage as aforesaid: Your Orators have a
strong desire to act conscienciously & to carry into effect the will of
their Testatrix: But they do not intend to violate the laws knowingly nor
imprudently to put in jeopordy their whole estate without indemnity from
some greater and they therefore seek the advice of this Honourable court
Whether the said bequest of emancipation is void in its face or otherwise &
to whom your Orators right in such a case to deliver up said slaves or how
remove them for the purpose of emancipation: if the said bequest is not
void: whether your Orators are at liberty to send off the said slaves to
any state that is out of the United States: - and whether your Orators would
be at liberty to send them out of the state at all before they are first
emancipated in N. C. by petition in court for that purpose according to the
act of assembly: If such emancipation by a court of N. Carolina be
indispensible for your Orators protection in the premises aginst liability
for the value of said slaves: whether your Orators are not entitled to hold
the rest of the estate; as an indemnity in any form: and if your Orators
are not entitled to be
indemnified against the hazard of ruin to their own families by the future
return of said slaves to N. C. after Bond as required by Law shall have been
given then your Orators are unwilling to give any such bonds & unless the
same shall be emperetive & unavoidable they will not do it and upon that
they ask the advise & direction of this court: Your Orators are advised
that the slaves aforesaid being themselves capable of taking a legacy of
their freedom ought in some form to be made parties & heard and each one for
himself may provide the necessary security for taking the benefit of the
Trust in the will aforesaid whereupon your Orators do cheerfully submit that
they will have him or them emancipated according the said will & laws of the
state: but the defendants who are residuary legatees deny that the said
slaves have any such right or the priveledge of being heard in this behalf
before your Honour or any other judicial tribunal &c: - Should your Orators
be mistaken in this then it is respectfully admitted to your Honour. In the
midts of their conflicting claims & surrounded as they were by these doubts,
your Orator here found it both dangerous and difficult to proceed in their
office: and without the advice of your Honor they are not able to settle
their administration or to execute the Trusts confided to them with satify
to themselves & justice to all others: they hereby submit to have an
account of their adminstration of the estate of their Testatrix taken under
the directions of your Honour: In tender consideration of the premises: &
for as much &c
That the will of the said Susan Jones may be interpreted and construed,
& the right of the defendants and the duties of your Orators declared &
determind by your Honour & that your Orators may execute their Trusts as
Executors correctly under the sanction & advice of this Court & that such
other & further orders & decrees may be made in this behalf as will settle
the rights of all parties & protect your Orators against future
controverses, and that your Orators adminstration of said Susan Jones dec'd
estate may be settled in this Court with the defendants, and that your
Orators may have such other & further relief and aid in the premises as the
nature of the case requires &c.
May it please your Honour to cause the states Writ of Subpoena to be
issued to John C. Becton of Wayne County, W'm Herring & his wife Rebecca:
William B. F. Fort & his wife Eviline to be served on Addison G. Person his
Guardian &c: Edwin B. Isler, Levi Dawson & his wife Susan, John Wooten &
his wife Rebecca & John Isler, and to John H. Becton (of Tennessee)
commanding them to be and appear &c to answer &c; &c: And to notify George
S. Stevenson Solicitor &c of this suit by handing a copy of this Bill &c W'm
H. Haywood Jr. for Pltt.
C. Wooden & Beckon
that the said slaves are held by your Orators upon Trust in the venue of a
charitable use to be executed under the order of this court & that for that
purpose George Stevenson Esq - the Solicitor for the circuit is entitled to
represent the state & to direct the said Trust though the M'r defendants
aforesaid do deny this & streniously insist that the slaves are held in
Trust for them and the said George S. Stevenson Esq as in duty bound doth
contend that the questions aforesaid must be determind by this court & for
that purpose he doth insist that the said slaves are held in venue of a
charitable use by your Orator for removal & emancipation and that your
Orators will be bound to answer for a breach of trust in case they are
surrendered to the residuary legatees.
On reverse: Bill in Equity. Services accepted. John W. Isler. September
the 11 1851. Copy delivered to me G. S. Stevenson.
Source: North Carolina Supreme Court Case #6483. Folder: Council Wooten,
et al v. John E. Beckon,
et al. Also in Volume 43 of North Carolina Reports, page 66. (Dec. 1851)
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