This information is extracted from A.J. Lane et al vs J.C. Taylor, Chancery Court Records, 1879-1882, Index No. 1882-023, Library of Virginia, Richmond.

William Taylor 1794-1849 and Mary Catherine Horton 1790-1873 children are:

Benjamin B., John C., Nelson H., Isaac S., W.W., Sallie, Mary, James W., Eliza.

Sallie maried Owen Wade and died before 1879. Their children were Mary J. Wade who married John Rhoton (?), Charlotte m George W. Flanary, Solomon Silbourn Wade, Charley Wade, Elizabeth Wade, and Rosa Wade.

Eliza married William Lawson; both died before 1879. Their children were Henry lawson, John Lawson, Robert lawson, James Lawson, Joshua lawson, Mary A. Lawson (m. John Bostin), Sallie (m. Abraham J. Lane), Louisa (m. Martin Lane), Elizer (m. Jospeh D. Pendleton), Nancy (m. Benjamin Davidson), Rebecca (m. Alan Pendleton), Martha Lawson, and Elizabeth (m. Clay Carter).

Elizabeth Lawson and Clay Carter had James, Eliza (m. James Mann), Elizabeth (m. William Tipton).

WW Taylor’s children are: Jane (m. 1 James Williams, m. 2 Thomas Robertson), Rosa (m. James Collins), Sarah (m. Enoch Bowen), Lurie (m. Harlan or Freeman Bloomer), Mary (m. Madison Cecil, John, Louenzie (sp?), Henry, Martha, William, Nancy C. (m. William Stallard), Elizabeth (m. Samuel Bowens).

Charles H. Spear who lived in John C. Taylor’s house during the time the latter cared for Mary Taylor, widow of William also went by the name Charles H. Taylor. He stated in a deposition that “my mother said that people said that John C. Taylor was my father.”

Newspaper notice placed by the court on Feb 7 1879, published the next day in the Abingdon Virginian stated that Madison Cecil, Mary Cecil, William Taylor, James Collins, and Rosa J. Collins were not residents of Virginia and needed to contact the court in order to preserve their rights to damages determined in the case.

Submitted by K Taylor and originally posted HERE

Submitted by Don Davis, he writes;

I wish to inform people who visit this site about who we are and where we come from. The second purpose of this information is to find out more information about our genealogy.
I want to pass a little knowledge on and to gain a little back. Our hope is to eventually be able to tell the story of the Davis family of Wayne County W.V. Stonewall District and Scott Co. VA.

William’s three brothers who served with him in the Civil War are Lewis, David and John Davis. I am sending a couple of documents ti prove what I’m saying is true. I would like to find the parents of Samuel Davis. Email me at ddavis992@woh.rr.com

William served in the 2nd Virginia Stateline troops, Company H Confederate then served Company B 45th Kentucky Mounted Infantry. William deserted April 9, 1864, returned to duty by General Burbridge with loss of pay while absent. William married Sarah E. Clarke.

Don Davis

The following documents have been transcribed verbatim (if you see any typos please let me know) from copies of legal depositions submitted by Don Davis. I transcribed them to make them more visible to search engines like Yahoo and Google (which is how most of you get here!). I have also posted scanned images of the copied records sent to me by Don. View copies of these documents at the end of the Deposition A. Click on the icons to see a larger version and then, depending on which browser you use, you may be able to click on the image again and then read it pretty well. Also, see Deposition C after the image icons. ~ Pat

N.B. – Examiners should be particular to have affiants sign on the line next below the closing words of their depositions so as to leave little or no space between their signatures and the end of their depositions.

(3-456.)

DEPOSITION A

Case of William Davis, No. 484.753

On this 19″ day of July, 1899, at near Nestlow, County of Wayne State of WVA, before me, Wayne W. Cordell, a Special Examiner of the Pension Office, personally appeared William Davis, who, being by me first duly sworn to answer truly all interrogations propounded to him during  this Special Examination of afore-said pension claim, deposes and says:

I am 65 years of age. I have resided within 4 miles of this place since I was 13 years of age, My postoffice address is Nestlow, Wayne Co., WVA. Occupation farmer. I forgot on year I was in Mo. That was in 1855. I was enrolled into Co. B 45 Ky. vol. Inf. July 24, 1865 and was mustered out December 21, 1864.

Q. Did you have any other military service.
A. I was with the Rebels in the Fall of 1862 and was with them until about March 1863.
Q. Under what circumstances did you join them.
A. I went over on Guion river, near the Mouth of four Mile, on business I met Mat Harris and a squad of Rebels. No, I did not go to meet him. He said he wanted me to join his company. He said I would have to. I told him I would “not rather” join that I would like to stay at home.
Q. Did he make any threats against you.

Page 6 Deposition A

Page 7

A. I don’t know that he did in particular only that he said I would have to go in. He then said over an oath swearing me in; but I did not take it freely.
Q. Did you make any protest against taking an oath
A. I told him I would rather not, that I would rather stay at home. I was afraid to tell that I was a Union man.
Q. How many men did he have with him.
A. About ten.
Q. Can you name some of them.
A. I can not at this time. About 2 or 3 weeks after I enlisted while we were at Logan, WVA, I left the company and went home. I was at the home three or four weeks. They sent James Collins and Jake Merrill after me. They came and told me that I had to go. I went with them.
Q. Did you give them any reason for deserting your command.
A. I don’t know that I did.
Q. What did your officers say to you when you went back.
A. Capt Harris said something but I do not recollect what it was. A short time after my return – 3 or 4 week – my brothers Lewis, John and David and I slipped away from from the command and got about 20 miles away when we were over-hauled and taken back by four rebels.
Q. Why did you four not resist them.
A. We had no arms. No sir, I do not think I had any arms while with them excepting a few times while in camp.
Q. What did the do with you when they took you back to camp the second time.
A. We were put in a guard house, and kept there nearly a month. They began breaking up about that time. Very soon afterwards, I put me in a little crop and then joined the Union forces. The service named is all I ever had. Since you name it I believe my service was in Co. H, C.S.A.
Q. Did you ever insinuate to Capt. Harris that you did not voluntarily enter his company.
A. I don’t know that I did. I was afraid to. Yes sir, Jack Hall was with us in the Confederate service and afterwards joined us for the Union, He carried a gun for the Rebels I think. I do not know whether he would know that I was a Union man or not.
Q. Capt Harrison says you give your service voluntary while in his company. What have you to say to that.
A. I never told him any better. I was afraid to. I was scared into giving the Rebel service I give. I was afraid of life. A large majority of my neighbors were Rebels. I always was a believer in the

Page 8 Deposition A

Union. I voted against Secession in 1861. No, I didn’t, but I was against it. I do not care to be represented by an attorney at the examination of my claim but will be present when all the witnesses are examined in this neighborhood. I am pensioned at the rate of $6.00 per month under the old law. I desire to be reinstated to $12 per month under the act of June 27, 1890 which sum I was drawing when the same was terminated on account of alleged Rebel Service. I have heard your questions and have been correctly recorded.

William Davis
Deponent

Sworn to and subscribed before me this 19 day of July 1899, and I certify that the contents were fully made known to deponent before signing.

Wayne W. Cordell
Special Examiner

Page 9 Deposition A

(3-446.)

DEPOSITION C

Case of William Davis, No. 484.753

On this 19″ day of July, 1899, at near Nestlow, County of Wayne State of WVA, before me, Wayne W. Cordell, a Special Examiner of the Pension Office, personally appeared James E. Collins, who, being by me first duly sworn to answer truly all interrogations propounded to him during  this special examination of aforesaid pension claim, deposes and says:

I am 60 years of age; my post-office address is Nestlow, Wayne Co. WVA. Occupation – farmer. I have resided in this vicinity pretty much all my life.
I have been acquainted with the claimant about 45 years.
I was a private in Co. H (Capt Hendrick Company) 16th Va. Cav. C. S. A. during the war of the Rebellion.
I think I enlisted about the Fall of 1862 and mustered out, ???, in the spring of 1865.
Q. Where was you company stationed when you joined.
A. I enlisted at Wayne Co. WVa . I then went to Charlestown, WVa and staid about 6 weeks.
Q. Was you at Logan Co. WVA during your service.
A. I was there three or four times.
Q. Were you stationed with Mat Harrion’s Va. State Line troops while there.
A. I was with them once or twice but forget where we were located.
Q. Do you remember going with J. W. Merritt to bring the claimant William Davis back to his command on one occasion.
A. Yessir I do. We were detailed to go after him.

Page 14 Deposition C

Page 15

I do not remember any of the circumstances but my impression is that the claimant did not want to go back.
Q. Were the sentiments of the claimant for or against the Union.
A. He was for it. He was against the Rebellion all the time. He was considered a Union Man in this Community. The understanding was that he had gone into these State Line troops through fear.
I am not related to the claimant.
I have no interest in this claim or its prosecution. I have heard your questions and have been correctly recorded.

James E. Collins
his X mark
Deponent

William Davis
J. W. Merritt
Witness

Sworn to and subscribed before me this 19 day of July 1899, and I certify that the contents were fully made known to deponent before signing.

______________
Special Examiner

]]> http://scottcountyva.info/2009/case-of-william-davis-deposition-a-c/feed/ 1 http://scottcountyva.info/2006/division-of-property-of-rh-cowden-deceased/ http://scottcountyva.info/2006/division-of-property-of-rh-cowden-deceased/#comments Fri, 29 Sep 2006 06:15:23 +0000 Sheila http://scottcountyva.info/?p=604

Heirs mentioned are: C. H. Cowden, Mary (Cowden) Mann, Lula (Lucy Cowden) Allen, Robert McNew and Susie Stanley. Widow (Sarah) Catherine (Hill) Cowden.

Robert Cowden was the father of Lucy Ann Cowden that married Elbert Franklin Allen.

Click on image for full view.

Index Number 1857- 011

John Powers vs. George Francisco and Peter K. Neil

John Powers purchased from George Francisco March 9^th 1840, His interest of 75 acres that George Francisco and Peter K. Neil had purchased from Michael Robinette.

They got Joseph Hagen to Survey and divide the land giving 37 acres to Peter and 37 to Powers.

John Powers complains that:  it was divided in the most awkward and inconvenient manor.

Hiram Kilgore J.P.

Summons to Appear contained within the File of:

Chancery Court Case , Scott Co. VA-1867-014Benjamin F. Treadway and Wife

Benjamin F. Treadway and Wife Vs. Hezikeal P. Neil ECT

Summons to appear, contained in the file.

To the Sheriff of Scott County , We command you to Summon JAMES ALLEN , to appear before the Judge of our circuit Court of Scott County, at the Court House, at the Clerks Office at the rules? To be held on for our said court on the 1^st Monday in December next, to answer a bill in Chancery exhibited against him and others by Benjamin F. Treadway and Elizabeth his wife formerly Elizabeth Allen.

And have then there this writ. Witness, Hansford W. Carter Clerk of our said Court at the Court-House, this 12^th day of October 1854 in the 79^th year of the Commonwealth.

S.H. Morison D.C.

(Notice the date for this Record was 1867 and the date for this summons was 1854. So it looks like they started this suit in 1854 and it stayed in the court for 13 years. I guess things weren’t much different then than today in the courts.)

To the Sheriff of Scott County – Greeting

We command you to summon Hezekiah P. Neil executor of John Allen decd. Esther Allen widow of said John Allen, Thomas Allen, John G. Allen, Samuel Allen and Causby Allen children of John Allen decd.

To appear before the Judge of our Circuit Court for Scott County, at the Court-House, on the 1^st day of the next September term to answer a bill in Chancery exhibited in our said Court against them by Benjamin F. Treadway and Elizabeth his wife formerly Elizabeth Allen.

And have then there this writ. Witness Hansford W. Carter, Clerk of our said Court at the Court House, this 21^st day of August 1854 in the 79^th year of the Commonwealth.

S.H. Morison D.C.

(Note: Notice here that in this particular Summons the children are listed just as they are in the Will that John had written in March 1840, and that James was summoned separately. In the actual complaint by Elizabeth and Benj. When the list of children of John was written, at first the person writing it up listed it just as it was in the Will also, but then went back and inserted James’ name. Esther was abt 3 or 4 months pregnant when John died in Jan of 1841 so that is why James was not “named” in the will.)

To the Sheriff of County – Greeting:

We Command You to Summon, Hezekiah P. Neil Executor of John Allen decd, Esther Allen widow of said John Allen, Thomas Allen, John G. Allen, Samuel Allen, and Causby Allen, children and heirs of the said John Allen decd. To appear before the Judge of our Circuit Court for Scott County, at the Court House, on the 1^st day of the next September term. (this is just a repeat of the one above it)

To the Sheriff of Scott County, Greeting:

We Command you to Summon William B. Neil

To appear before S.H. Morison a Comr. In chancery for Scott County ……on the 15^th day of March 1856. To testify and the truth to speak, on behalf of H.P. Neil, in a certain matter of controversy depending in our said circuit court between B.F. Treadway Et al. Plaintiff and H.P. Neil Et al.

Defendants and this he shall in no wise omit under the penalty of twenty dollars. And have then there this writ. Witness, Smith H. Morison a comr. Of our said Court, at the Courthouse, this 11^th day of March 1856 in the 80^th year of the Commonwealth.

S.H. Morison

Complaint of Benj. And Elizabeth:

To the Honorable G.W. Hopkins, Judge of the Circuit Court of Scott County:

The bill of complaint of Benjamin F. Treadway and Elizabeth his wife, formerly, Elizabeth Allen humbly represents, that John Allen the father of the female complainant died in Scott County in the winter of 1840-41, leaving a Will, in which he appointed his wife Esther and his brother in law H.P. Neil his executrix and executor. The Will was admitted to record on the 9^th of February 1841 by the County Court of Scott County and the said Esther Allen and H.P. Neil qualified, executrix and executor. The estate was inventoried and appraised, the personal property appraised amounted to the sum of $702.521/2, and there was only a part of it sold, amounting to $338.76. The widow, Esther, was permitted by the said H.P. Neil extor. To retain Three hundred and ten dollars and 88 cents worth of the appraised property. The whole personalty, except which the widow retained was absorbed by debts due from the testators estate, leaving unpaid a balance. Then the said executor sold the real estate entire, so that the family was left stripped of everything. And such being the condition in which the family is left, complainants have been induced? to look into the actings and doings of the executor to see if all has been rightly done. The exectr. Has made settlements and errors exist appearing on the face of them which they ask may be corrected.his executrix and executor. The Will was admitted to record on the 9 of February 1841 by the County Court of Scott County and the said Esther Allen and H.P. Neil qualified, executrix and executor. The estate was inventoried and appraised, the personal property appraised amounted to the sum of $702.521/2, and there was only a part of it sold, amounting to $338.76. The widow, Esther, was permitted by the said H.P. Neil extor. To retain Three hundred and ten dollars and 88 cents worth of the appraised property. The whole personalty, except which the widow retained was absorbed by debts due from the testators estate, leaving unpaid a balance. Then the said executor sold the real estate entire, so that the family was left stripped of everything. And such being the condition in which the family is left, complainants have been induced? to look into the actings and doings of the executor to see if all has been rightly done. The exectr. Has made settlements and errors exist appearing on the face of them which they ask may be corrected.And the first to be noticed is $50 difference between sale bill of the amount of sale as charged against extr. In his first attachment.

his executrix and executor. The Will was admitted to record on the 9 of February 1841 by the County Court of Scott County and the said Esther Allen and H.P. Neil qualified, executrix and executor. The estate was inventoried and appraised, the personal property appraised amounted to the sum of $702.521/2, and there was only a part of it sold, amounting to $338.76. The widow, Esther, was permitted by the said H.P. Neil extor. To retain Three hundred and ten dollars and 88 cents worth of the appraised property. The whole personalty, except which the widow retained was absorbed by debts due from the testators estate, leaving unpaid a balance. Then the said executor sold the real estate entire, so that the family was left stripped of everything. And such being the condition in which the family is left, complainants have been induced? to look into the actings and doings of the executor to see if all has been rightly done. The exectr. Has made settlements and errors exist appearing on the face of them which they ask may be corrected.And the first to be noticed is $50 difference between sale bill of the amount of sale as charged against extr. In his first attachment.In the second place there is an overcharge of $5.67 on the note of John B. George of $150, dated 29^th Dec. 1836.

Third the charge of $70.00 the amount of Wm. Ding’ note is objected to. Complainants know not what this note would have arisen from, and they demand proof to show it’s validity.

Fourth, the widow should have been compelled to account for the value of the property retained, say $310.88 before any of the realty could have been sold.

Fifth they know not, nor are they informed what the note of $721.11 was for and they demand proof of it. Complainants have been told that the testator gave this note a few days before he died, he was then sick and they are further informed that he was incompetent to transact any business. IF so for that cause the note is void.

Sixth the act of the execr. For $ 32.17 is rejected to and proof of its validity is required.

Seventh the charge of $83.33 of 29^th Sept. 1840 and the charge of $100 of 15^th Oct are both objected to. The executor, compelled testator for a lot of cattle, say 11 or 13, that the said execr. Within bought from testator, and drove to market and sold for him, and neither amt. of their price, or amt. of what they sold for, the two sums were paid.

Eighth they object to charge of $44.15 for interest in settlement of 19th July 1847 on disbursements ending with the current year, 31^st Dec. 1841 and $9.05 interest on that. And they object to the item of $246.86 in the same settlement, and to the sum of $98.80 interest in that .

Ninth they object to the commission of 7 percent on the sum of $2838.76, that being more than is usual, and supposing the administration right , it is to much given the sum of $2500 arose from a simple sale of the land.

Tenth they object to the acct. of $39.50 allowed the executor, and request of him that he show it to be correct.

Eleventh by acct. settled 10^th Sept 1844 it appears that the executor paid amt. $ 2024.35 ?, that he was allowed a commission upon that, and they object to any commission upon it.

Twelfth they object to the Pmt. To H.S. Kane Atty. For putting in an answer for the infant heirs of John Allen decd. at the suit of the Warders. His beyond which is usual, and the defense lay upon Huganot Culbertson who were parties to the suit of whom John Allen bought the land, then in controversy.

Thirteenth the complts. Charge that one dollar was overpaid Valentine Boatright and that $8.60 was overpaid Jacob Dooley, and that ?60$ was overpaid John B. George on his note of $ ____

The complts. Require the executor to go into a detail, minatily?(mentaly?), of the sale of the land to disclose the first and all the contracts about it, and to show why he sold it, and to say if he could not have sold it in a manner different so as to have realized more. Complainants allege that the land was sacrificed, and they will ? To show it. From the foregoing statements it will appear to the court that the estate of John Allen, the testator has been entirely expanded, (for the last settlement will show the disposition full of it, and perhaps something more) and that the executor has in the discharge of his duty, or his attempt at it, has been remiss and careless and thereby injured the complainants, and those concerned in the estate, and that he has taken credit for sums that he was not entitled to , and been allowed commissions that the circumstances forbade. And commissions that the law did not allow at all. It is to surcharge and falsify the acts settled by the executor that this suit has been brought, to correct the errors, and before statements committed, and to be relieved against charges unfounded, and others forbidden by law, and condemned by equity. And the complts being ? At law & valuable only in equity. Their prayer therefore is that Hezekiah P. Neil executor of John Allen decd, Esther Allen, Widow of John Allen & Thomas Allen, John G., Samuel, & Cosby Allen, James Allen the children heirs of John Allen the testator , be made ? Defendants to this bill & that they answer the same on their corporal oaths. And that the executor, Hezekiah P. Neil, especially & particularly answer the allegations touching his actings & doings, and that he make full disclosures in relation to them, & that he stat the time when the note of $726.11 was taken, & what it was for, and also that he state the origin of the acts of $32.17 and $39.50. The further prayer of complainants on ths one account to be directed to be taken by a commissioner in regard to all the errors charged to exist in the executors acts. And that any ?, and all general relief be granted them on the premises suited to their case & circumstance with equity. And pray the com?? Wit of ???

P.C. Johnston, B. Kern & S. Campbell

Hezekiah’s answer to the complaint:

To the honorable Geroge W. Hopkins, Judge of the circuit court of Scott County.

The answer of Hezekiah P Neill executor of the estate of John Allen decd. To the bill of complaint of Benjamin F. Tredway and Elizabeth his wife formerly Elizabeth Allen exhibited in this honorable court against this defendant and others. This defendant after saving and reserving the all the just and proper exceptions to said bill for its manifold infurbubous and misstatements for answer there to saith that in the performance of the duties devolving on him as executor aforesaid under the will of his testator he fully fairly and justly settled up and closed the business of said estate so far as there were in his hands any assets of said estate. And Dft. Long since made settlement with commissioniers legally appointed by orders of the County Court of said County to settle the executorial account of Deft. As executor of said estate and Deft. Humbly conceives that so long a period of time has elapsed since the date of said settlements that His Honorable Court will not disturb them. Deft. Refers to said settlements and reports of the commissioners Smith and Morrison together with the vouchers and papers connected therewith as part of his answer, in regard to the charge in Plfs. Bill that Deft. Should have exhausted all the personalty before he was authorized to make sale of the land under the will this Deft refers to the will of his testator, and prays that the same may be read and considered as part of this answer from which it will appear that as executor Deft was fully authorized to make sale of the land as well as of the personalty without any such restriction as the Plfs couled(called) for, but Deft answers that the personalty and land of said estate after being sold were not sufficient to meet the liabilities of said estate.

In regard to the error of $50 charged to have been fallen unto by the commissioner in stating in his account the amount of sales of property of said estate this Deft truly reported the amount of sales and the commissioners has committed an error the paper will shew it and it is not attributed to any fault of Deft

Deft is advised that there is no error of $5.67 in reference to the George note as charged in the bill

The Wm. Dungas note referred to was executed by testator in his life time to said Dungas for a horse beast and the note being presented to Deft for payment this Deft was bound to pay the same as there were no grounds of objection to the payment of it known to Deft nor does he yet know of any objections that could be urged against the payment of said note for which testator received a valuable consideration.

Deft denies that under the will the widow should have been compelled to account for $310.88 the value of the personality that she claimed before Deft could make sale of the realty. The will placed Deft as executor under no such restriction in regard to the sale of the land as Deft has heretofore stated. And the Course taken in regard to the sale of the land was required by the best interest of the estate to meet its liabilities which are not yet all discharge there being some debts against the estate still remaining unpaid to wit $100 being a note for land executed by testator to Joseph Hagan and also some small accounts and a balance of

$82.73  reported by the commissioners to be due to Deft from said estate.

As to the note of $726.11 executed by testator to Deft. Testator had borrowed from David L. Cocke upwards of $400 to and him in paying Samuel Wallace for the land he purchased from said Wallace, and Deft had become the security of Testator in said note to said Cocke and the said note was at interest for several years when John A. Mann bought the note or obtained it to enforce collection and Defendant paid said Mann $500 the principal and interest for Testator and Deft took up said note and delivered it to Testator which was a part of the consideration for which said $726.11 note was executed. Deft also let Testator have a horse beast for Miles Jennings at the price of $50 which testator owed Jennings, and Deft loaned testator money making up the said amount of $726.11 for which said note was executed by testator to Deft and testator was wholly competent to attend to his business when he executed said note of $726.11 to Deft which note was founded on a full and fair consideration as aforesaid.

As to the account of $32.17 in favour of Deft against the estate the items contributing the account are set forth in the account which is known to be just by the widow of said testator being means furnished testator about the time of his last sickness when he was needy.

In regard to the item of $83.33 the said sum was due from testator to John A. Mann which testator desired Deft to pay to said Mann for him and testator gave said Mann an order requesting Deft to pay said sum which Deft paid as a matter of accommodation to testator who was Defts brother in law.

Deft paid Jno. B. George $100 on the note which he held against testator which $100 was a part of the proceeds of the cattle referred to in the bill and the balance of the proceeds of said cattle deft paid to testator in money some time before he died which was an individual transaction between Deft and testator long since settled and acquired in for upwards of fifteen years and can not now be disturbed.

As to the item of $44.15 objected to it is composed of a fee of $25 that Deft had to pay H.S. Kane as counsel in a litigated chancery suit to perfect the ? Of the land of said estate so as to be able to dispose of it for the benifit of said estate which was a reasonable fee and also a note testator had ? To John A. Mann of $17.00 and a clerks ticked to $2.15 which make the sum of $44.15 and on the Man note there had accrued $9.05 interest

In regard to items $246.86 and $98.89 interest objected to Deft refers to the vouchers filed sustaining said items marked No2

In relation to the commission allowed Deft it does not compensate him for his services rendered in selling said estate. There were several suits to attend to and a great many small transactions to settle which occupied a great deal of time and subjected Deft to much trouble and expense for which Deft was justly entitled to said commission and to the ? Allowance of $39.50

The item of $10 paid H.S. Kane as counsel was for services rendered in motions advice in relation to the business of said estate and was not for filing an answer of infant Defts merely as stated in bill.

Deft devises that the services were over paid to the persons as stated in said bill.

Deft sold the land under imperious necessity as the executor to pay the debts of said estate and sold it for the highest price that could be obtained being $2500 which it was believed was $500 more than it could have been sold for to any other person and Deft made but one sale and that was to Peter Houseman and Jeremiah Stair(Starr) and five or six years afterwards the said land was sold for about $1700. ? Deft having fully answered the complainants bill and denying all the allegations of said bill not before denied prays to be here dismissed with his cost.

Fulkerson & Kane

For Defendant

Scott Count Court

This day H.P. Neill (note this looks exactly like Null, which makes case to watch for that in census records)

Personally came before me the undersigned a Justice of said County and made oath that the statements contained in the foregoing answer are true so far as they depend upon his own knowledge and that so far as they depend upon the information derived from others he believes them to be true.

Given under my hand this 14^th day of February 1855

Randolph Dillion

Scott County Chancery Court Record1841-005

Hamilton Neil ECT

Vs. Exrs. Of Grimes Neil

Complaint of Patrick Neil for the Heirs of Hamilton Neil decd.

To the Honorable Benjamin Estill, Judge of the Circuit Superior Court of law and Chancery of Scott County. The Bill of Complaint of Hamilton Neill, Henry Montieth and Mary his wife, Charles Hays and Elizabeth his wife, and Patrick Neill, humbly represents that in 18__ One Hamilton Neill now deceased , who was the husband of the Plf. Mary and the father of the Plfs. Hamilton, Patrick, and Elizabeth, having been for a number of years theretofore, a merchant in Greenville East Tennessee, determined to return to Ireland upon business, from which Country he had originally migrated to the United States. That at the time contemplated for his departure from the United States, non of the Plfs were capable of settling up or attending to the said Hamilton Neill’s business, all of them being infants or minors except the Plf Mary who was herself incapable of settling up a mercantile business as extensive as that of her husband Hamilton Neill the was.

To the Honorable Benjamin Estill, Judge of the Circuit Superior Court of law and Chancery of Scott County. The Bill of Complaint of humbly represents that in 18__ One having been for a number of years theretofore, a merchant in Greenville East Tennessee, determined to upon business, from which to the United States. That at the time contemplated for his departure from the United States, non of the Plfs were capable of settling up or attending to the said Hamilton Neill’s business, all of them being infants or minors except the Plf Mary who was herself incapable of settling up a mercantile business as extensive as that of her husband Hamilton Neill the was.The said Hamilton therefore in order to place his business in the best probable condition to be settled up and adjusted for the benefit of his family in the court of death or accident during his absence , sent for his brother Grimes Neill now Decd. For the purpose of placing in his hands all his mercantile business to be closed and settled up by him the said Grimes Neill in whom he placed the utmost confidence as a brother and friend. The said Grimes Neill being thus sent for by his brother Hamilton for the purpose aforesaid, went to the said Hamilton’s residence in Green County Tennessee for the purpose of taking possession of the books accounts, notes, ect. Which the said Hamilton desired to place in his hands for settlement and upon his arrival there the said Hamilton (having then made his arrangements to start on his journey in a day or two) in the presence of Struthard Neill and perhaps other disinterested persons placed in the hands of said Grimes Neill for collection all his mercantile books, accounts, notes, amounting to about $4,000.00.

The said Grimes Neill at the same time stated that is was necessary and proper that a transfer of said books accounts notes , should be made by assignment from his said brother to him, to enable him more effectually to make the collections and close the business and it is believed that all or most of them were thus transferred by assignment and the said Hamilton Neill took from him a receipt or memorandum therefore and it was distinctly agreed upon and understood that the said Grimes Neill was to have the sole control of said business and was to collect all the said book accounts, notes, and in the court of death or accident preventing the said Hamilton’s return he the said Grimes was to occupy the condition of Trustee, in the relation to said funds, to be applied to the sole use and benefit of his, the said Hamilton’s, said wife and children. The said business being thus arranged to the entire satisfaction of said Hamilton the said Grimes returned to his residence which was then in Claiborne County Tennessee and the said Hamilton on the next day set out upon his journey, taking with him some private papers among which was the said memorandum or receipt of said Grimes Neill for said debts. The said Hamilton Neill was taken sick in a few weeks after he left home and died near the Canady line before he departed from the United States, and you Orators have been unable as to yet to get possession of the said papers that he had with him at his death, but they expect to be able to prove the contents of said last receipt taken by Hamilton from said Grimes for said debts. A portion of the debts placed by Hamilton Neill in Grimes Neill’s hands for collection as aforesaid were not of the mercantile business. There was one note of $100.00, a part of the purchase money of a house and lot which was collected by Struthard Neill and paid over to Grimes as agent or Trustee aforesaid. There was also a debt of $120.00 due from Daniel Neill to Hamilton Neill unconnected with the mercantile business which the said Grimes collected and it is believed that there were various others, not at present recollected.

Your Orators expect to prove that the said Grimes Neill has collected a large portion of said debts thus placed in his hands by Hamilton his brother, perhaps $2,000.00 or $3,000.00, entirely violated the trust reposed in him by his brother and wholly failed to apply the funds to the use of the Plfs or to pay over to them any portion of the money collected by him. And your Orators contend that a court of equity in protesting the rights of the Plfs, most of whom were infants, will compel the Defts. To account not only for the amount collected by their Testator together with the interest thereon but also for all the notes and accounts that were collectable, which have been lost through the neglect of said Grimes Neill who alone had the control of and power to collect them. You orators would here by leave to State that they are informed that the Exrs. Of said Grimes Neill are setting up some paper or receipt which is intended to prejudice their rights, purporting to be a writing signed by Hamilton Neill Decd. In relation to said business or transferred debts, and your orators answer that no such paper was ever executed by said Hamilton , and if such a one is held by the said exers. Your orators pronounce it a forgery and a base fabrication to defraud them of their just rights. And as evidence as it Your Orators would state, that Struthard Neill was present and witnessed the transaction aforesaid and transfer of debts, and no such paper was then executed by said Hamilton, and after said Grimes Neill returned home from said Hamilton’s residence the said Struthard Neill still remained in company with Hamilton and went with him some distance on his journey from which he never returned. You Orators however hope that the said Exers will not expose their testator by exhibiting a paper which you orators can show from facts and circumstances is a forgery. The said Hamilton Neill died while the said business and papers were in the hands of Grimes and before any portion of the debts were collected by said Grimes and the said Grimes was for several years after the death of said Hamilton making collection of said debts, a portion of which he collected not more than three or four since about twelve months after the death of said Hamilton Neill. Your orators Mary who was the widow of said Hamilton intermarried with the Plt. Henry Montieth and has remained “feme covert” ever since, not capable of enforcing her rights. Your orator Elizabeth was an infant at the death of her father Hamilton Neill and intermarried with the Plf Charles Hays before she attained the age of twenty and has remained a “feme court” since her said marriage and your orators Patrick and Hamilton Neill were infants at the death of their father and you orator Hamilton attained the age of twenty in June 1835. You orators most of them residing in the State of Tennessee and the said business having been transacted there made arrangements and procured counsel to bring suit against the said Grimes Neill, in that State to coerce payment of the money aforesaid. But although he frequently had business in your orators County he artfully avoided their suit. He reportedly promised fair to you orators, and seemed to desire to put off the evil day as long as possible upon one occasion when your orator Patrick demanded of him the money and debts of his father Hamilton, he the said Grimes handed to him the said Patrick a note of $250.00 executed by Valentine Sevier and (Deaderick?) To said Hamilton Neill being one of the notes transferred to him (Grimes) by said Hamilton. Upon all other occasions the said Grimes did not deny having the money, but artfully waived and put off the matter. You orators finding that they could not get hold of him in Tennessee determined to sue him in Virginia, previous to his death and you orator Patrick spoke to counsel for that purpose, but Struthard Neill being sent for by Grimes induced your orators to believe that Grimes would adjust the matter as soon as all the Heirs could be brought together and under that hope the matter was delayed until his death. The said Grimes Neill departed the life on the ___ day of ___ 1839. Having by his last will and testament appointed Hezekiah P Neill, William B. Neill and John A. Hall his executors. But the said Hall refused the executor ship and did not qualify and therefore does not act in the execution of said will. So that the said H.P and Wm. B. Neill are the only acting executors under the said will of Grimes Neill Decd. And the said Exrs. Although requested by your orators have not accounted with them for any portion of the said monies collected by their testator which he also failed to pay over and account for.

Your Orators would here by leave to State that they believe there are many other transactions in this business calculated to charge the estate of said Grimes Neill Decd. And which would be proper for them to state in their bill but which from their want of information at present they necessarily omit to state, trusting to elicit those facts from the evidence that they may be able to procure. And Your orators being without, are adequate remedy at common law and reliable only in a court of equity their prayer therefore is that the said Hezekiah P. Neill and William B. Neill acting exrs. Of the last will and testament of Grimes Neill decd. May be made parties Defts. To this bill and that they be required fully and truly to answer the same on oath. That the said exrs set forth in their answer how much their testator received of the debts aforesaid of Hamilton Neill Decd, and how much he collected thereof, and what disposition he has made of the books accounts, notes aforesaid, and when he received the different sums collected by him of said debts, and what in that the said exrs be required to exhibit the said books and such of the notes and accounts as remain uncollected and every other paper and account of their testator upon the subject of said business. That any account be directed of all the transactions and that such other and further relief be extended to your orators as is just and equitable and suited to their case. May it please you Honor to grant the Commits writ of ??.(Spad.)

Kane

Two Depositions were taken from Struthard/Stodart/Stoddard. Neil. In one William B. ask him questions, and the other the Plaintiffs ask him questions. The person taking the depo. Spelled his name Struthard, but he signed his name Stodart.I have copies of the depositions, but will list here the highlights of important information.

Deposition for Patrick and others:

Deposition for Patrick and others:Taken on the 30^th of March 1840,

Struthard Neill a witness of lawful age after being duly sworn deposeth and saith:

That 4 or 5 months before the death of his brother Hamilton, his brother Grimes was sent for, by Hamilton.

And Grimes came to his house in Greene Co. TN, and Hamilton was about starting to North Carolina with a drove of horses and expected to go to Ireland before he returned.

He thinks the amount of the papers Hamilton gave to Grimes were about Nine Hundred dollars, and that Grimes was supposed to collect and pay himself for his trouble and return the remainder to Hamilton’s children.

Stodart also said that John A. Hall told him that Grimes had named him executor, but he did not qualify, but that Grimes had told him to pay all his just debts, and no unjust debts. And that he knew of no unjust debts unless it be the one Patrick and Charles Hays had placed on him.

Stodart told him that a great deal had been placed in Grimes Neil’s hands for them, weather they would get it or not.

Witness for this deposition were, David F. Hall and Charles Bright both Justice’s of the Peace.

Deposition (of Struthard/Stoddard) for William B. Neil was taken in the State of Tennessee June the 19^th 1841.

Says his age is about 59, and it was taken at the house of Struthard, in Greene Co. TN.

Present were William B. Neil, Patrick Neil, and Charles Hays.

Wm. 1^st question was: Are you acquainted with the hand writing of you brother Hamilton Neil and if so , why you are acquainted with it?

Answer: I am not acquainted with his hand writing

Question: Did or did not Hamilton Neil execute a receipt to Grimes on or about the 8^th day of August of 1815, and if so is the receipt hereto amended the one he did execute.

(I did not get his answer to that , it must have been on the back side of the paper, and I missed it.)

There is a news paper article attached to this deposition, where Wm. B and H.P ran an add that they would be taking the deposition of (the way they spelled it in the article) Stouthard on June 19^th 1841.

Then there is also attached a record made in Washington Co. VA, saying that CLERK C.R. BAIN personally appeared before Daniel Symith Justice of the peace and made oath that the annexed notice had been published 4 weeks successively in the SOUTH WESTERN VIRGINIAN, a paper published by JOHN N. HUMES. ( Remember from previous records that John N. Humes was also a business partner with John A. Mann)

MY NOTE: Re the death of Hamilton Neil… If Hamilton sent for Grimes in August of 1815, and was first taking a herd of horses to NC, then had to go all the way back up to the Canada line this probably took a while. Making his death abt the end of 1815 or beginning of 1816.The record in the book History of Rockbridge Co, re: family of Patrick Neil that died there in 1802, that had married the widow Mary Beers, had an entry that simply said. Hamilton Neal, Greene Co. TN 1816. I now know it was the record of this Hamilton’s death.

( Virginia Herald (Fredricksburg VA. published on Wednesday April 10, 1816)

Buffalo March 26 (Where the VA paper got the article from)

Suicide.. On one day last week, Mr. Hamilton Neil, put an end to his existence, at Queenstown U. C. by cutting his throat! He had lately come to this country from Tennessee, with his wife and one child, and had taken up lodgings at Lewiston. He possessed a considerable sum of money; which as it is reported, attracted the attention of several individuals, who got him into the fangs of some pretended officers of justice, who maneuvered some time with the said Neil; and during the maneuvering, Neil’s trunk was broken open, and his money stolen. This event brought insanity upon poor Neil, and he immediately crossed the Niagara river to Queenstown, and killed himself as before stated.

The nitty gritty of the 5 pages of answer to the complaint by Hezekiah P. and William B.They don’t admit to any of the matter of the bill to be true.

They don’t admit to any of the matter of the bill to be true.They have no personal knowledge of the transaction of the bill alleged, and believing anything claimed unjust they plead the statute of limitation.

Not only do they have no personal knowledge of any debts due the pltfs, but have no knowledge of the statement of their testator in his lifetime which would stand to such a result.

They claim to have found in Grimes papers, that on the 8^th day of August 1815, any debts that might have been transferred or assigned by Hamilton to Grimes were paid for and fully settled on the date last aforesaid. They tell of 5 notes that Grimes collected (small ones) and then go on to say that they have not been able to find any more in the possession of their testator, and they have no knowledge of any others, or the account books , and they believe they are still in Greenville Tennessee.

They also deny that a receipt was ever given to Hamilton by Grimes , and that they believe that Hamilton was in such need of money to pay the expenses of his contemplated journey, that Grimes Neil was induced by him to take some of his debts and advance him money and that their testator has lost money by it.

They say that Patrick lived with or near Grimes in Scott County about 12 years before his death, and so far as they know , said Patrick never set forth any such claim, until Grimes death. That in 1833 or 1834 the Grimes and Patrick settled their accounts . They also mention that they believe Patrick is upward of 38 years of age and that Hamilton jr. attained the age of 21 about the year 1831 or 1832. That Hays is now 31 yrs old and has been married to Elizabeth for 5 yrs before the institution of the suit.

Then Hezekiah has a statement witnessed by Robert Speer J.P that says:

That over the last 15 years he has heard Patrick say that Grimes was indebted to him and the other heirs of Hamilton, something like $600.00

But that he heard Grimes say at different times he owed them nothing and that he held a clear receipt from Hamilton Neil, and that he showed the same to Hamilton Neil Jr. when he on a certain occasion demanded of him his portion of the Estate of his Father. And said Grimes told him that he owed him nothing and if he go anything out of him he would get it according to law, given under my hand this 14^th day of July 1840.

Robert Speer J.P.

Scott County Chancery Court Records

On file at the Virginia State Library

Index Number 1850-008

Kane and Robinette

Vs. Patrick Neil and Henry Tarter

Henry S. Kane Complains:  Patrick Neal, formerly of said Co. is indebted the sum of (originally had been written $99.00 but had $85.00 written over it.) Orator further states that the said Patrick Neil is no longer a Resident of this Commonwealth and at this time is non resident of this State.

MY NOTE: The other dialouge of this case was that William Horton, Enoch and Elisha Pendleton owed Patrick money and Kane wanted the court to transfer what they owed Patrick to him for what Patrick owed him, since Patrick was not living there any longer.

Patrick Neil answers: He has been a resident of TN. ever since some time about the yr. 1839, and says note was for $25.00 on the 12^th day of June 1849 he Paid him $40.00 but Kane mis- recited on the receipt what the money was for so he could cover his extravagant charges.

15^th Jan 1850, Patrick Neal and H.P. signed a bond unto Henry S. Kane for $100.00

MY NOTE: This Patrick Neal was a nephew of Grimes Neal and the son of Hamilton Neal who died while a resident of Greene Co. TN.  He is the Patrick that married Comfort Kilgore in Scott County.  After Hamilton ” died ” (actually he killed himself)  Patrick lived with Grimes in Scott co. as he was a child when his father died in 1816.

Scott County Chancery Court Records

On file at the Virginia State Library

Index Number 1849 – 001

John A. Hall and Wm. B. Neil (The firm of Neil and Hall)

Vs. Abraham Lane

States that Abraham has departed from the Commonwealth of VA, debt unpaid, owed $244.62

50 Acres, in being the same land that James Lane bought of Abraham Lane and he from Robert Speer.

Conveyance made from Speer to Abraham but not from Abraham to James Lane.

Neil and Hall bought for $490.00

I am confused exactly what this one was about. Something to do with needing Abraham to make the deed to his son James, so he could convey to them, but I don’t know exactly what the 244.62 debt was all about. I think some papers must have been missing.

Scott County Chancery Court Records

On file at the Virginia State Library1854-09

Joseph Williams vs. Wm B. NeillJoseph Williams vs. Wm B. Neill Joseph Williams on March 1^st, 1838 executed a deed to Paschal Jones trustee, To secure a debt of $72.00 claimed owned by Grimes Neil against Joseph. Deed for a tract of land containing 250 acres, worth $700.00, being the only home of orator Joseph Williams, who is very old, infirm, and illiterate.

Joseph Williams vs. Wm B. Neill Joseph Williams on March 1, 1838 executed a deed to Paschal Jones trustee, To secure a debt of $72.00 claimed owned by Grimes Neil against Joseph. Deed for a tract of land containing 250 acres, worth $700.00, being the only home of orator Joseph Williams, who is very old, infirm, and illiterate.Joseph stated he did not owe even half of the $72.00 that was claimed, and the he had made his payments, and owed nothing to Grimes or his estate . Joseph said that Paschal Jones had moved to Jefferson Co. TN in 1843 and has not been to Scott Co. since.

Jones deeded the 250 acres to William B. Neil who sold it to William S. Webb for $700.00.

(a heck of a lot more than $72.00! my note)

Witness James Barnett testified: He was in the Store when Jones and Neil pulled Josephs bill and it was for $15.00, and they remarked “Poor old uncle Joe, always sucks the hind tit,” at that time John A. Hall came in and remarked that he did not think that Joseph owed it as he had made payments.

Witness Randolph Dillion testified: Jones and Grimes Neil told Joseph Williams to give them a deed of trust to his land, for Peter Fields security to Mr. Bickman (Peter Fields was Joseph’s son in law. My note)

And if he did not the property was going to be sold to pay the debt. But they wanted to befriend him and would give him time to pay the debt in payments for the deed of trust.

Sept 13^th, 1854, William Webb made a statement attested by Hezekiah Robinette Justice of the Peace that:

I heard Joseph Williams say he would not Rent the place from Neil any longer. That he would move to Ky where his people was.

My note: Joseph Williams b. 1778 m. Sally ? Ch. Andrew m. Nancy Willis, John m. Elizabeth Gibson, Thomas m. Sally Gilliam,

James m. Rebecca Brannon , Neriah “Neri” m. 1^st Matilda Head, 2^nd Mary Elizabeth Carroll

Catherine m. Peter W. Fields, & Phoebe m. Theodore Ash.

His son James was the father of Thomas “Jefferson” Williams m. Nancy Campbell, who had a daughter Julia Williams who married Owen Allen grandson of John and Esther Jane Neal Allen. Esther Jane was the sister of Col. Hezekiah P. Neil who was one of the executors of Grimes Neil’s will.His son Neriah Williams was the father of Alza Williams who married James Large and had Corsenia “Sena” who married Samuel Neal Allen the grandson of John and Esther Jane Neal Allen.(my line) Alza had also had a daughter Ibby McClure by her first ?husband? Enoch McClure the brother to her sister in law Mary Ann McClure who m. Martin Williams , as well as a son McClelland “Mac” Large that both married grand children of John and Esther Jane Neal Allen. Martin and Mary Ann’s daughter Martha Williams m. John Conley Hale and had Wilburn Hale who m. Allie Olive Allen the daughter of Owen Allen and Julia Williams. Julia being Neri”s Niece.Neriah’s daughter Sarah m. George Ash and had a daughter Martha Ash who married Hezekiah Peter Allen the brother of Owen and grandson of John and Esther Jane Neal Allen.On Jan 14^th 1871 Col. Hezekiah Patrick Neal sold to Neriah Williams 40 acres of land for $25.00 in Scott Co. VA which joined land Neriah owned.

1845-005John A. Mann and John Humes

John A. Mann and John HumesVs. Hiram C. Carter and Samuel NeilJohn A. Mann and John N. Humes were merchants and partners in trade under the firm and style of Humes and Mann. In April of 1845, a Judgment was obtained by Samuel Neil who sued for the benefit of Hiram C. Carter, the sum of $70.00, for the price of a certain Sorrell Mare, which Neil sold to Mann and Humes.

John A. Mann and John N. Humes were merchants and partners in trade under the firm and style of Humes and Mann. In April of 1845, a Judgment was obtained by Samuel Neil who sued for the benefit of Hiram C. Carter, the sum of $70.00, for the price of a certain Sorrell Mare, which Neil sold to Mann and Humes.In June Mann and Humes are in counter suit, claiming that Samuel Neil sold them a lame Mare, and they are refusing to pay the note. They state that when they purchased the mare, that she had a limp, but that Samuel Neil had told them that she had stepped on something and bruised her foot, and that he had his BROTHER, to examine her and he found her to be sound. The order also stated that Samuel Neil, was not an inhabitant of the county and was given until Sept. to appear.

There was also attached a list of witnesses for both the pltf. And defd. And what they were to be paid .

Witnesses:

Joseph C. A. Newton 2 days $1.06

Henry R. Cox 2 days $1.06

Hester Allen (Esther) 2 days $1.06  (This is Esther Jane Neal Allen the wife of John Allen, sister of Col. Hezekiah Patrick Neil ) Wm. Davidson 2 days $1.06 Joseph C. Mann 1 day .53 cents

Wm. Davidson 2 days $1.06 Joseph C. Mann 1 day .53 cents( My NOTE:  This Samuel Neil/Neal is the Samuel F. Neal that moved to Harrison Co. MO and Liney Neal Jenning’s daughter buried two infants in his family cemetery)