Probate, NC, Orange, Zebulon Alexander 1785

The answer of HEZEKIAH ALEXANDER, one of the defendants to the bill of
complaint of THOMAS STRAIN and JEAN, his wife, wherein divers charges and
complaints are exhibited against PHINEAS ALEXANDER, JOHN MCREE and him the
said HEZEKIAH for answer here to see this defendant does say that he does
admit ZEBULON ALEXANDER, in said bill named, in his last will and testament
did bequeath a certain Negro wench named BET to his wife JEAN and that he
believes the words of said will mentioned in the said bill is exact with the
original. He does further admit that he was appointed one of the executors in
said will.

With regard to the first charges made immediately brought against PHINEAS
ALEXANDER and JOHN MCREE, he, this defendant, does say that he knows nothing
concerning it. With regard to the second charge, this defendant does say that
he knows nothing of it and concerning the third charge he also does say that
he knows nothing respecting it less or more. The fourth charge, which is also
principally against them, the said PHINEAS and JOHN, he. this defendant, say
that nothing concerning it ever came to his knowledge unless by hearsay
afterwards. With respect to the interrogations and said bill, he this
defendant, for answer does say that he admits the said will was duly proved in
the county court. With regard to the rest of the interrogations he, this
defendant, of further answer that he knows nothing about them or either of
them except one which is whether they, the said PHINEAS and JOHN, did not
enter in into a confederacy with him, the said HEZEKIAH, to cheat your oratrix
out of the said Negro wench to which this defendant does make the following
answer to wit, that there never was any combination, confederacy or agreement
between him and them, or either of them, either directly or indirectly for a
such purposes without that.

HEZEKIAH ALEXANDER

Sworn to before me this
21st September 1786
JONATHAN WILLIAMS, JSC




                                 Page 1 of 6


**  PAGE BREAK **

                 Probate, NC, Orange, Zebulon Alexander 1785

State of North Carolina ]
Hillsborough district   ]

To the Honorable the judges of the session court of law and equity.

Humbly complaining show up on to your honor your orator, THOMAS STRAIN, and
your oratrix, JEAN, his wife, of the county of Orange in the district
aforesaid, that your oratrix was formerly married to a certain ZEBULON
ALEXANDER of the county of Mecklenburg who died on the fourth of March
seventeen hundred and eighty five, being in his lifetime and in the time of
his death ceased possessed of and interested in a very considerable estate,
both real and personal, and being minded to settle and dispose of the same
did, before his death on or about the day and year aforesaid, being of sound
and disposing mind, memory and understanding, duly made and published his last
will in writing, a copy of which is hereunto annexed which they prey may be
taken for as part of this bill, in which will is a clause to bequest in the
words and manner following to wit:

    “I give and bequest unto JANE ALEXANDER my beloved wife one Negro
    wench named BET over and above the one third part of all my personal
    estate appointed by law”

which said will was duly signed, sealed and published by the said ZEBULON in
the presence of the persons whose names are subscribed thereunto as witness in
and by the said will. relation thereunto had it doth more fully appear.

Orator also sheweth that the said ZEBULON ALEXANDER appointed HEZEKIAH
ALEXANDER and a certain JOHN MCREE, his son in law, and your oratrix executor
to the said will, putting the said will into the possession of the said JOHN
MCREE.

Your oratrix also charges that the day after the burial and interment of the
said ZEBULON, her late husband, the said JOHN MCREE and a certain PHINEAS
ALEXANDER, a son of the said ZEBULON by a former marriage, came to the house
of your oratrix and there knowingly, falsely and fraudulently represented your
oratrix that she took very little, or nothing, by the said will of her late
husband that she was left with her child “devoid” without a necessary
subsistence that the claimants on the estate once disposed to allow her one
third of the personal estate that they were desirous to leave her in that
matter and want give writings drawn to allege all parties interested to abide
by such a division; your oratrix had never seen the will or heard it read or
was otherwise acquainted with the contents thereof, that as it was then
represented and requested that the said JOHN MCREE to show her the said will,
but he then pretended that it was not in his power or position and assured her
that they had truly informed her respecting the same. Your oratrix decided by
their appearance of friendship and service, and being at that time in great
distress, illiterate and little suspecting the guile and artifice of their
conduct, she signed a paper or writing they produced without her knowing what
was the purpose thereof.
Your oratrix further charges that in a few days afterwards the said JOHN and
PHINEAS came again to her house and produced another writing which they said
it was necessary for her to sign. Your oratrix at first refused, but being

                                 Page 2 of 6


**  PAGE BREAK **

                 Probate, NC, Orange, Zebulon Alexander 1785

threatened by the said PHINEAS that they would sue and harass her on the
former writing which she had before signed, and being told that it would
injure her interest and that it was even necessary by a certain THOMAS GREER,
brother in law to the said PHINEAS, in whom they knew she had great confidence
and whom, as your oratrix has been since informed, they brought with them for
the express purpose of deceiving her. Your oratrix signed the second writing
which she afterward understood was a hand drawn and the said PHINEAS in the
final sum of 500 pounds conditioned to be paid on the condition that your
oratrix should forever remain contented with one third of the personal estate,
the said executor JOHN MCREE to show her the said will as she had understood
he was possessed of it, he then denied that it was in his power or possession;
and sid it was no matter as she took nothing by it, and being further pressed
by your oratrix to discover the said will, he pretended it was in the
possession of the said HEZEKIAH or a certain ABRAHAM ALEXANDER, the whom your
oratrix appealed and found that the JOHN MCREE had dealt deceitfully by her;
for that the said will was at the time and had always been in the possession
of the said JOHN MCREE from the time of the death of the said ZEBULON.

Your oratrix also charges that the said PHINEAS well knowing that your oratrix
was entitled by the above mentioned clause of the said will to the Negro wench
called BET mentioned above the third part of all the personal estate of the
said ZEBULON in a few weeks afterwards came to your oratrix and proposed to
purchase her right to the third part of the value of the said Negro which he
represented as being her whole right and claims; and threatened to bring suit
on the above part if she did not comply with this proposition. Your oratrix
being without a friend and without counsel and the contents of the said will
being fraudulently concealed and falsely and shamefully misrepresented to her
after many threats, persecutions and proposals, your oratrix went to lengths
provided upon to take his note for thirty pounds and his assumption to pay
twenty pounds to her child as a consideration for the third part of the value
of the said Negro wench being induced to believe at that time it was her whole
interest therein as the said PHINEAS and JOHN MCREE had before told her, and
the said PHINEAS then prevailed upon her to sign some kind of a bill of sale,
the contents of which as your oratrix cannot write, she does not remember, and
took the said wench into his possession.

Your oratrix also charges that having now effected their design of cheating
your oratrix thus shamefully and contrary to all equity and good conscience
out of the only Negro left and intended by the testation as support to her and
her infant, they then disclosed the contents of the will and notified your
oratrix to attend the court of the county of Mecklenburg to prove the same as
executrix.




                                 Page 3 of 6


**  PAGE BREAK **

                 Probate, NC, Orange, Zebulon Alexander 1785

Your orator and oratrix further shew that they inter married on nineteenth of
August 1785 and that orator then remonstrated with the said PHINEAS and the
said JOHN on the dishonest advantage they had taken of the said JEAN his wife
respecting the said Negro & requested of the said PHINEAS, in a friendly
manner, to deliver the said Negro to orator and offering at the same time to
deliver to him his note aforesaid and release him from any promise that he had
made to the said JEAN, which proposal your orator and oratrix well hoped they
would have complied with. But now so it is notwithstanding they the said
PHINEAS and said JOHN confessed that they had proved the said bonds and
writings obligatory from your oratrix by false pretenses for the express
purpose of frightening your oratrix into compliance with xxx and proposals yet
they pretend they have a legal right to the said Negro and although the said
JOHN MCCREE the executor then possessed of will entered into the above plan
and confederacy to cheat and deceive your oratrix and betrayed and abused his
trust as executor from the corrupted consideration of the said PHINEAS paying
or promising to pay to him as his wife the sum of 20 pounds yet they pretend
your orator and oratrix are not to let up any further to the said Negro BET.
All which actings, doings and pretenses of the said JOHN and PHINEAS who
confederated with the said HEZEKIAH and others at pretend unknown to your
orator and oratrix and when discovered they pray may be made parties to this
bill with apt words to charge them necessary as equity and good conscience and
have greatly distressed injured your orator and oratrix.

TO TENDER consideration whereof and for as much as orator and oratrix are xxx
in the premises without aid of the Honorable Court where matters of fraud are
properly xxx and achievable. To the end therefore that the said PHINEAS the
said JOHN and the said HEZEKIAH and others and their confederates when
discovered may on their oaths true direct and perfect answers made the all and
singular the xxx and that as fully and xxx as as if the same were herein again
repeated and interrogated and more particularly that the said PHINEAS and the
said JOHN may answer and set forth whether you're oratrix was not married to
the the said ZEBULON and whether he did make his will in the manner and form
herein set forth or have or otherwise and whether the said Negro woman BET was
not bequeathed to your oratrix over and above one third part of all the
personal estate of the said ZEBULON or if any other manner in what manner?
And whether they with the said HEZEKIAH did not enter into a confederacy to
cheat your oratrix out the said Negro wench or have or otherwise. Whether the
said will was not from the time of the death or burial of the said ZEBULON in
the power or possession of the said JOHN MCREE. Whether they did not
misrepresent the contents of the said will as your oratrix in manner and form
before stated or have or otherwise. Whether they did not procure the said
bonds from your oratrix for the express purpose of frightening her into their
proposals and harassings and whether the said will was not duly proved in the
County Court. And whether the said PHINEAS paid my consideration for the said
wench except what is stated in this bill. Whether the said Negro wench has
since born any children, which your oratrix charges she has, and if any, how
many. And whether the said PHINEAS did not pay or promise to pay the said
JOHN MCREE or his wife a sum of money for the purpose herein mentioned, and
what sum or sums and on what consideration. And what the said PHINEAS may be
directed to give up unto your orator and oratrix the said Negro wench and her
child, children or increase that your orator receive consideration for the



                                 Page 4 of 6


**  PAGE BREAK **

                 Probate, NC, Orange, Zebulon Alexander 1785

loss of her time and labor and that you're orator and oratrix may have such
other and further relief as your honor shall seem just and equitable.

May it please your honor to grant a writ or writs of subpoena to be issued
therein and thereby.

And your orator and Order shall ever pray.

WILLIAM R. DAVIE, [WILLIAM RICHARDSON DAVIE]
attorney for the complainant.




                                 Page 5 of 6


**  PAGE BREAK **

                     Probate, NC, Orange, Zebulon Alexander 1785




######     #     #     #####     #######   #     #          #####    #######   #     #
#      #   ##   ##    #     #    #         ##    #         #     #   #     #   ##   ##
#      #   # # # #    #          #         # #   #         #         #     #   # # # #
######     # # #      #  ####    #####     # # #           #         #     #   # # #
#      #   #     #    #      #   #         #   # #         #         #     #   #     #
#      #   #     #    #      #   #         #    ##   ###   #     #   #     #   #     #
######     #     #     #####     #######   #     #   ###    #####    #######   #     #




Transcribed from original documents by Brent R. Brian & Martha M. Brian.

This document and others can be found on our website:

BMGEN

We claim COPYLEFT on the documents that we publish that are our original work.

COPYLEFT “rules” can be reviewed on the web site:

GNU Free Documentation License

In short, use what you like.       But if you use our stuff, mention us as the
source.

Brent R. Brian
Martha M. Brian
BrianMitchellGenealogy@gmail.com




                                       Page 6 of 6


**  PAGE BREAK **