Probate, NC, Rutherford, MORRIS ROBERTS 1828 North Carolina Lincoln County JOSHUA BURNET vs JOHN ROBERTS This was an action of trover brought to recover the value of seven Negroes. The plaintiff claimed title to the Negroes, then WALTER POLLARD by his will dated 1768, bequeathed two negro women and a man to MORRIS ROBERTS and his wife during this their natural lives lives and after their deaths to JOSHUA ROBERTS, MARTIN ROBERTS, JOHN ROBERTS, MARY ROBERTS, SUSANNAH ROBERTS and JANE ROBERTS. The wife of MORRIS ROBERTS died may years ago and MORRIS died in October 1828 after being possessed of said Negroes and increase many years. JOSHUA BURNET, the plaintiff, married MARY ROBERTS before the death of MORRIS. After the death of said MORRIS ROBERTS, to wit, in March 1829 all of the said parties entitled to the remainder met, except JOSHUA BURNET, who then did, and still does, reside in the state of Indiana, for the purpose of dividing said Negroes, when the defendant for himself, and as agent for JOSHUA BURNET and wife, entered into an agreement under seal to abide by the division of said Negroes, to be made by three persons chosen for that purpose, and who did divide them and allotted the Negroes sued for to JOSHUA BURNET and wife, when the defendant took them into possession or their agent. In a short time after the division of said Negroes, the defendant hired them out alleging that he did not well know whether they belonged to BURNET or MAGNESS as neither the bill of sale or registered copy could then be found. Descendant proved that at the time of the division of said Negroes he asserted that said BURNET and wife had given a bill of sale for their right in said Negroes many years before to WILLIAM MAGNESS and that he was present when the bill of sale was executed but it was then lost and he could not find it nor could he find that it had been registered and it was proved on the trial that neither the original or copy could be found. At the time the division took place he then proved that WILLIAM MAGNESS died in May 1816 that in a short time afterward, and before he administered, a particular examination was made of the papers of said WILLIAM MAGNESS, deceased, and that the will bill of sale could not be found among his papers. The defendant swore that he had not the bill of sale in his possession and that he had not seen it since it was proven in court for the purpose of registration. It was proven by the register of the county, that a bill of sale was not in his office. That frequent search had been made for the registration of it which could not be found until after the commencement of this suit because he had neglected to index it, that the copy as registered upon the register books was a true copy of the original entered by himself there on on the day of the 18th. Page 1 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 It was further proven by MARTIN ROBERTS, in behalf of the defendant, that he drew the original bill of sale from JOSHUA BURNET and wife to WILLIAM MAGNESS and that he saw them sign it. That he witnessed the same in presence of JOSHUA BURNET and his wife with JOHN ROBERTS the defendant and it was delivered to the said WILLIAM MAGNESS, and that said MAGNESS paid said BURNET a horse, a bed, and some money in silver amounting to $150, the price they had agreed upon for his claim to said Negroes. The copy of this bill of sale upon the register books was read to the jury, to the reading of which copy plaintiff's counsel objected. It was proven that the defendant and one BEN MAGNESS administered upon the estate of said WILLIAM MAGNESS in Lincoln County Court July sessions 1816 and produced the letters of administration and that said BEN MAGNESS died before said MORRIS ROBERTS. Page 2 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 The court was of opinion that the defendant had sufficient accounted for the loss of the original deed to MAGNESS by the evidence given in independent of the original oath of the defendant yet the court in ??? to the practice of the Courts of this state took the defendants oath. The sworn copy of the deed to MAGNESS was admitted to be read to the jury. The court charged the jury that if BURNET had bona fide, and for a valuable consideration conveyed all the interest he and his wife had in the Negroes to MAGNESS, he had no title to the Negroes now and therefore was not entitled to recover on this action. That the jury were not estopped to find the truth and say who had the title to the Negroes, nor was the defendant in this case under the evidence given in estopped to show that he, as the administrator of MAGNESS, was entitled to the Negroes. The jury found a verdict for the defendant. Plaintiff moved for a new trial. 1st known the court permitted in proper evidence to be given to the jury. 2nd for ??? point of law. motion overturned and judgment for the defendant plaintiff appealed & c. A copy of WALTER POLLARD's will A copy of the deed from BURNET and wife to MAGNESS and A copy of the deed of submission to arbitrators or commission to divide the Negroes and A copy of the division made by the Commissioners or arbitrators A copy of the receipt given by defendant for balance of the money to make up may Barnett's share equal to the others And all to be made a part of this case and sent to the Supreme Court. It appeared in evidence that the defendant JOHN ROBERTS had intermarried with the sister of MAGNESS. That MAGNESS died without children and defendants wife is one of his distributees. It was proved that at the time of the sale by BURNET to MAGNESS the Negroes had increased to about the number of twenty, and that MORRIS ROBERTS, tenant for life, was about 70 or 72 years of age but a very hearty, healthy, old man and with a good constitution and lived until he was ninety six or seven years of age. J. J. DANIELS. Page 3 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 State of North Carolina Lincoln County To All To whom these presents shall come, greeting. Know ye that whereas WALTER POLLARD of the county of Chesterfield in the state of Virginia by his last will and testament did devise and bequeath to MORRIS ROBERTS and his wife UNITY [MARTIN], then of the same county, the following Negroes, viz. One negro woman named BETT A negro girl named MOLL And a negro boy named PETER To them during the term of their natural life and after their deceased directed that the same Negroes with their increase should be equally divided between their six children viz. SUSANNAH [ROBERTS] now the wife of ABRAHAM COLLINS MARTIN ROBERTS JOSHUA ROBERTS MARY [ROBERTS] now the wife of JOSHUA BURNET JANE [ROBERTS] now the wife of HUGH QUINN and JOHN ROBERTS And the said UNITY having died in the state of Virginia and said MORRIS ROBERTS, having removed to the county of Rutherford in the state of North Carolina, and who then departed this life sometime in the month of October last and the said Negroes now having increased to the number of forty one, now living, and some controversy having arisen between the said ABRAHAM COLLINS in right of his wife SUSANNAH MARTIN ROBERTS, JOSHUA ROBERTS, JOSHUA BURNET, in right of his wife MARY by their agent, and attorney in fact JOHN ROBERTS, HUGH QUINN in right of his wife JANE, and JOHN ROBERTS respecting the division of said Negroes and with respect to the expense of raising the increase their of which said controversy the said parties had agreed to submit to the arbitrament award and final determination of us WILLIAM J. WILSON, THOMAS L. SLADE, and LAWSON HENDERSON. We have taken upon ourselves the burden of set award and having heard the allegations of the parties, toward that the said Negroes be equally divided among the said parties without any allowance being made to any of them for raising any of the increased thereof. And we do hereby award and direct that the said Negroes now surviving be divided in the following manner, to wit: To ABRAHAM COLLINS, in right of his wife SUSANNAH, the following Negroes, viz: RHODA a woman 40 years of age valued at $200; her child PHILIP 4 months old at $75 MARY 4 years old at $125 DAVE 15 years old at $400 BETTY 24 years old at $275, her child LUCINDA one-year-old at $125 LUCINDA a girl 17 years old valued at $325 Page 4 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 JAKE 10 years old at $250 To HUGH MARTIN ROBERTS: A negro man named NED 50 years of age valued at $230 One girl named MARIAH 14 years old at $300 PETER a man 31 years old at $375 SAM 8 years old at $200 FRANK 5 years old at $150 LODI a woman 33 years old at $325 RANDALL 5 years old at $150 To JOSHUA ROBERTS: PHILIS a woman 45 years old at $165 PETER 30 years old at $440 DICY a woman 26 years old at $280 RICH a boy 12 years old at $335 LOTTY 6 years old at $150 BETT 17 years old $325 and NERO 22 years old at $450 To JOSHUA BURNET in right of his wife MARY MARY a woman 21 years old valued at $300 JULIA six years old at $130 YORK four years old at $10 MOLL one-year-old at $100 BETT at 19 years old $325 BEN 21 years old at $475 CAMPBELL 19 years old at $400 Page 5 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 To HUGH QUINN in right of his wife JANE JAKE a man 38 years old valued at $600 MARY 28 years old at $275 PETER 13 years old $350 MINERVA 8 years old at $200 MARIAH 6 years old at $150 PETER 62 years old at $100 CREASE 8 years old at $150 To JOHN ROBERTS: a negro man named JAKE 35 years old value today $850 RHODA 28 years old $260 NERVA 11 years old at $225 CHARLES 8 years old at $200 GABE 10 years old at $250 We do award that JOSHUA ROBERTS: Do pay to ABRAHAM COLLINS, in right of his wife SUSANNAH, $58.33 1/3 making her share with the value of the Negroes aforesaid named to her to amount to $1,833.33 1/3 cent in full of her share in the Negroes aforesaid. That he also pay to MARTIN ROBERTS $103.33 1/3 cents which with the amount of the Negroes before named to him will make the sum of $1,833.33 1/3 cent in full of his share. That he also pay to JOSHUA BURNET in right of his wife MARY $93 33 1/3 cents which with the amount of the Negroes before name to him will make the sum $1,833.33 1/3 cent in full amount of his share. That he pay to HUGH QUINN in right of his wife JANE the sum of $8.33 in 1/3 which with the amount of the Negroes named in his lot will make the sum $1,833.33 1/3 cent in full amount of his share. to JOHN ROBERTS the sum of $48.33 1/3 which with the value of the slaves named to him in his lot aforesaid will make the sum of $1,833.33 1/3 cent in full amount of his share. Page 6 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 And we do further award that all further controversy respecting the said premises shall cease and that the said parties at any time hereafter at the request of any of the said parties and at the proper cost of the party request in the same shall execute a quit claim for the Negroes named in their said lots. In witness whereof we have hereunto set our hands and seal this 24th day of March in the year of Our Lord 1829. WILLIAM WILSON THOMAS L. SLADE LAWSON HENDERSON Page 7 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 State of North Carolina Lincoln County Whereas WALTER POLLARD of the county of Chesterfield in the state of Virginia by his last will and testament did devise and bequeath to MORRIS ROBERTS and his wife UNITY, of in the same county and later of the county of Rutherfordton in the state of North Carolina, the following Negroes, viz: negro woman named BETT a negro girl named MOLL and a negro boy named PETER during the term of her natural life and after her death directed that the said Negroes with their increase should be equally divided between: SUSANNAH [ROBERTS] (the wife of ABRAHAM COLLINS) MARTIN ROBERTS JOSHUA ROBERTS MARY [ROBERTS] (the wife of JOSHUA BURNET) JANE ROBERTS (the wife of HUGH QUINN) and JOHN ROBERTS children of the said MORRIS ROBERTS, and she having departed this life some time in the month of October last, and said Negroes having now increased to the number of forty one, and some controversy have arisen between the said ABRAHAM COLLINS, in right of his wife SUSANNAH, MARTIN ROBERTS, JOSHUA ROBERTS, JOSHUA BURNET in right of his wife MARY, HUGH QUINN in right of his wife JANE, and JOSHUA ROBERTS respecting the division of the same and with regard to the expensive raising the said increase which said controversy the said parties have agreed and do hereby agree to submit to the arbitrament award and final determination of WILLIAM WILSON, THOMAS L. SLATER and LAWSON HENRY, arbitrators, indifferently chosen to be decided by them upon the principles of equity and justice and the said ABRAHAM COLLINS and his wife SUSANNAH, MARTIN ROBERTS, JOSHUA ROBERTS, JOHN ROBERTS, from JOSHUA BURNET and his wife MARY, HUGH QUINN and his wife JANE, and JOHN ROBERTS in his sister’s behalf, do mutually covenant and agree with each other that they will stand to abide by and perform the award of the said WILLIAM J. WILSON, THOMAS L. SLADE, and LAWSON HENDERSON as majority of them if made in writing within two months from the date hereof, the true and faithful performance of which they have, the said, ABRAHAM COLLINS and his wife SUSANNAH, MARTIN ROBERTS, JOSHUA ROBERTS, JOHN ROBERTS for JOSHUA BURNET and his wife MARY, HUGH QUINN and his wife JANE, and JOHN ROBERTS for himself, do hereby bind themselves their heirs, executors and administrators severally and to each other in the penal sum of $12,000. Page 8 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 In witness whereof they have hereunto set their hand and seal this 23rd day of March 1829 and in the 53rd year of the independence of the United States. SUSANNAH COLLINS {her mark} ABRAHAM COLLINS JOHN ROBERTS JOSHUA ROBERTS {his mark} JOHN ROBERTS for JOSHUA BURNET and wife MARY HUGH QUINN for himself & his wife JANE JOHN ROBERTS Signed sealed and acknowledged in the presence of B. L. JOHNSON And the above named parties to agree and desire that this there subscription be made a rule of Lincoln County superior court of law in the state aforesaid. In witness whereof they have urine to set their hands and seals the day in year before written: SUSANNAH COLLINS {her mark} ABRAHAM COLLINS JOHN ROBERTS JOSHUA ROBERTS {his mark} JOHN ROBERTS for JOSHUA BURNET and wife MARY HUGH QUINN for himself & his wife JANE JOHN ROBERTS Acknowledged in the presence of B. L. JOHNSON Page 9 of 10 ** PAGE BREAK ** Probate, NC, Rutherford, MORRIS ROBERTS 1828 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # 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 10 of 10 ** PAGE BREAK **