Will of Simon Foscue, Sr. 1819
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 183leaving 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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