NC SUPREME COURT CASE #1343 – FOSCUE vs FOSCUE – 1819 – Jones County. 
Will of Simon Foscue, Sr. Found at NC Archives. 

NOTE: It appears there may be several legal actions within this one 
case.

Superior Court, Jones County – Sept 1819
Feb. 1819 - Elizabeth Foscue, Stephen Foscue, an infant by his next 
friend Lewis Foscue, Susan Foscue by her guardian Lewis Foscue, John R. 
Donnell their attorney bring a Bill of Complaint against Simon Foscue 
exec of Simon Foscue, dec and Ann Foscue executrix of said Simon 
Foscue, dec

About Nov 1814, Simon Foscue Senr of Jones County departed this life 
leaving a last Will and Testament which was proven Nov Term 1814. Named 
executors were Stephen Foscue, Simon Foscue Jr, sons and Ann Foscue the 
widow. Simon Foscue Jr along qualified and became executor.

Simon Sr. bequeathed as follows "It is my will and desire that my 
executor herein after named should dispose of all the residue of my 
property which together with what money I have due me shall be applied 
after paying off all my just debts to the education of my children and 
should there be any remaining, I wish it divided equally between my 
four youngest children"

And your petitioners state the dec had the following children in the 
order of seniority – Frederick, Simon, Dorcas, Lewis, Sally, Elizabeth, 
Stephen, Susan and Amos Foscue yet an infant whose guardian is said 
Simon Foscue, Jr. The four youngest are Elizabeth, Stephen, Susan and 
Amos. 

Elizabeth is now between 21 & 22 years old, Stephen between 19 & 20 
years old, Susan between 16 & 17 years old and Amos about 12. The 
executor, Simon Foscue, still retains a large residue of the estate 
which belongs to the 4 youngest children amounting to about $5,000.

Part of the residue applied to the education of the petitioners but we 
have been left a small amount of property and dependant on the 
generosity of friends for the limited education of a few months.  

The exec refused to pay for education or turn over the residue saying 
the entire residue was applied to debts and other legacies and at other 
times said he had claims against the estate. The petitioners wish a 
full accounting and amount of debt due to the testator and what the 
residue is

Answer of Simon – May Term 1817
Simon agreed he was the exec. And also who the 4 youngest were and 
stated he was the guardian of Amos and they are entitled to, at some 
point, some amount and that he retains the residue worth about $5,000. 
But he also stated the sum of $413.87 has been spent on account but 
none has been spent on education – it is not true the petitioners have 
lived off friends. He has not refused to turn over the residue because 
it has not been requested – he has turned over to Lewis Foscue who 
petitions in the name of the petitioners the residue which has not been 
applied to debts – he has discharged the trust placed in him.  He 
states that Elizabeth was past the age of education of girls at the 
death of the testator and the defendant has afforded her every aid for 
schooling, but her father considered her education finished at his 
death. The petitioner Stephen was left his own guardian and  was less 
disposed to receive any education. Susan was under the guardianship of 
Lewis Foscue.

Sum of the residue was too large for education and the testator did not 
intend it be divided into equal portions but proportions as age, sex, 
capacity and advancement in learning at the discretion of the executor 
– defendant states he is bound to keep the residue in his hands for the 
education of Amos – he states the petitioners have no right to call his 
hand unto Amos is of age.

The local court agreed that some payment should be paid out at least to 
Elizabeth and Stephen but not all of it.  They did find the residue at 
$480.93 and 1/4 was $70.23/ 1/4 should be paid to Lewis Foscue for 
Susan and Simon Foscue to keep the final 1/4 for the education of Amos.

Simon Foscue, Fred. Becton, and James Harrison were bound to Lewis 
Foscue, George Oldsfield and wife Sally for $300.00 in 1828.

Superior Court, Carteret Co – Fall Term 1824 – came Simon Foscue by his 
attorney Edward Graham for his writ against Lewis Foscue – he to render 
a Negro man Tom of the value of $700 who was unjustly detained to the 
damage of $500. Lewis Foscue was a defendant and his attorney was John 
H. Bryan – Lewis asked for a change of place of court and it was moved 
to Carteret County – Lewis won't admit Tom was the property of Simon 
Foscue. Slave belonged to Simon Foscue, Senr who died in possession of 
said slave – the Will bequeathed the slave to his son Stephen – Simon 
said the slave was his under the deed of April 1809 from his father – 
Plaintiff contends there can't be a life estate in chattles and Simon 
Foscue Senr owned Tom when he died – the judgement gave to the 
plaintiff and the case was appealed to the NC Supreme Court

Indenture – 20 April 1809 – Simon Foscue Senr of Jones County to Lewis 
Foscue and Sally Foscue, daughter of said Simon – for natural love and 
affection – lands and negros – unto Lewis 2 negros named Martin and Tom 
and 1/2 of the tract where I live which is the upper tract reserving to 
my wife Betty for her natural life, the Dower rights – to Sarah I give 
4 negroes – Nerow, Charles, Peter and Lucy – all after my death

NOTE: There are a large number of receipts in the folder. There is also 
an account of the estate of Simon Sr and accounts for Betsy and Stephen.

Petition of John E. Foscue of Jones County -  he was the exec of Simon 
dec – the late Simon Foscue at May Term in 1830 of the Craven Court 
obtained a judgement against Robert V. Orme for $718.10 of which 
$600.40 was principal and bears interest until paid. One of the 
petitioners was Elizabeth Foscue and one was George Oldsfield, husband 
of Susan (sic) - – Orme is insolvent and couldn't pay the judgement - 
Stephen Foscue another petitioner is dec but before his death he 
released the said Simon of his share in the suit.8 June 1831 – signed 
John E. Foscue

Elizabeth Foscue vs Foscue's Executor and Dorcas Foscue – John E. 
Foscue was the exec and Hardy Bryan was the guardian of Dorcas Foscue a 
lunaticThe plaintiff states her father made a Will and bequeathed her 
the slave (not named); the executor refused to turn over the slave 
pretending the testator had made a Deed of Gift of the said slave to 
Dorcas Foscue then under the executors guardianship; Elizabeth wished 
to have the slave June 7, 1838

John E. Foscue was the executor of Simon Foscue dec who was the 
executor of Simon Foscue Sr, dec – Simon Sr. in his Will gave Elizabeth 
a slave named Norris – Elizabeth requested her legacy after 2 years and 
her brother promised the legacy upon a certain event happening which 
did happen but he then refused to provide the legacy alleging that 
before Simon Sr died he conveyed by deed of gift the sd slave to Dorcas 
Foscue who is a person of infirm mind and Simon Jr was her guardian – 
Elizabeth sued in Court Fall Term 1826 for her legacy and she won but 
the judge set the verdict aside and granted a new trial in a different 
County – the trial was not held and the defendant died in 183—leaving a 
Will – the slave went in the possession of John E. Foscue and now into 
the possession of Hardy Bryan – when Simon Sr made the deed the slave 
Norris was young but small and now is very valuable and hired out.

The defendants deny everything – their attorneys were Jno H. Bryan and 
W. C. Stanly.

George Oldfield was the Adm of Stephen Foscue

DEPOSITIONS
1.   8 Feb 1826 - Nancy Foscue – wife of Simon Foscue dec – she kept 
notes of Simon and there were two notes  - one on son Simon, his son 
and one on Fred, his other son – should could not read the notes but 
from what her husband said, Simon Sr could not have owned more than 
$400 to $500 – signed by mark – taken at the house of Nancy Foscue and 
Henry Shute
2.   8 Feb 1826 – Henry Shute – lived with the family for a month or 
two before the death of Simon Sr – said Simon expected to die and 
talked several times about his business and how he intended to leave 
his estate – he had brought of Benjamin Brochet a piece of land for 
$1000 - $200 of which was paid and Brochett had his note for $800 and 
that note was in the hands of Frederick Foscue and though not due, Fred 
was dunning him for a payment on it by a note which he the decd held on 
his son Simon for about $400 – Simon Sr did not care to do 
this – signed name
3.   Frederick Foscue – held a note payable to Benjamin Brochet for 
$800 – agreed to take the note on Simon Jr for $400 negotiable at the 
Bank
4.   John N. Stephenson – stated he lived with old Mr. Foscue from June 
1814 to his death the follow Nov.

Inventory of Simon Foscue, Sr.
List of usual farm animals, notes, household goods etc
List of Slaves
Anthony  aged         20
Joe                   15
Gilbo                 15
Jack                  12
Dick                  12
Moses                 11
York                   8 
Will                   6
Melton                65
Woman Lettie          55
Girl Jude             13
Jenny                  2
Violet                60
Other slaves listed in the will but their ages not given

Among the other items in the estate of interest were – 12 horses, 65 
cattle, 2 yoke oxen, 2 carts, 1 pair of old wheels, 41 head sheep, 
riding chair, 9 beds and furniture, 2 mahogany dining room tables, 1 
maple and 1 pine table, 1 dozen windsor chairs, 7 hogs, 9 sows, 52 
geese, corn etc

Buying from the estate:
Simon Jr, John Baines, James R. Bryan, Edward Mumford, Peter Andrew, 
Robert Kornegay, Gray M. Gordon, John McDaniel, Hesekiah Merritt, Wm. 
H. Conner, Augustus Foscue, Isaac Kornegay, Thos. Lewis, James Oliver, 
Risdon McDaniel, Amos Amyet, Lewis Whitby, Needham Simmons, Lemuel 
Hatch, Adam Andrews, Enock Amyet, James Merritt, Jno. Green, Thos Lee, 
Ed Hatch, Jno Nichols, Thos. Murphy, Levi Moore, Asa Hatch, Josh Smith, 
John Davis, Stephen Foscue, Nancy Foscue, Sally Foscue, Enoch Foy, 
Clement Davis, Richard Crutchfield

Negroes sold on Dec 13 & 14
Lettice and her three children to Enoch Foy
Boy Duke to Wm. H. Conner
Girl Jude to Sally Foscue
Man Anthony to S. Foscue



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