3-19-1814
Duplin County - Before John Beck Esq., J. P. and David Wright, J. P.
Isaac Giddens

Sworn Deposeth as follows -
Question Pltffs. - Whether he knew anything respecting some alterations made in the Will of Sterling Powell?
Answer - He was at Major Slocumb's while he the said Powell was sick some few days before his death and he saw Jesse Slocumb, one of the Defendants in his suit, go to a table and write something and went to the bed with the paper in his hand and read it to said Powell but so that this Deponent did not hear the contents. After he read, as he supposed, what  he had written he asked Powell if it would do or words to that effect and Powell answered yes.
Question Pltffs. - If he heard Powell give any reason why he wished any alternations, the Deponent answered he did not as he recollected.
Question Pltffs. - Did the Deponent see Powell sign his name or make his mark on the paper Jesse Slocumb carried to him?
Answer - Not as he recollected.
Question Pltffs. - If he saw Powell erase any of the lines in said written instrument or direct any other person to do so?
Answer - No.
Question Pltffs. - If he saw Powell take the instrument of writing in his hand -or read it?
Answer - Not as he recollected.
Question  Defts. - Whether he believed Sterling Powell was in his proper senses or not?
Answer - He thought he was perfectly in his senses.
Question Defts. - If the Deponent did not hear Powell say he wished York and Harry placed on the same footing with the other negroes?
Answer - He thinks he did during the night while setting up with said Powell. He does not know whether it was before or after the paper was carried him by Jesse Slocumb and he the Deponent signed it as a witness or after. And this Deponent further sayeth not.

We certify that the above Deposition of Isaac Giddens was duly taken before us according to the law on the l9th day of March l8l4 and subscribed.
Test. - D. Wright, J. P.
John Beck, J. P.

3-l9-l8l4
Daniel Kornegay

Sworn - At the house of John Beck in Duplin County.
Question Pltffs. - Did the said Daniel Kornegay rent the plantation called the Martin plantation, formerly the property of Sterling Powell, decd. on Thunder Swamp?
Answer - Yes, and that he gave $18 and fifty cents in the year 1812 and he said further that he believes the plantation has rented for a larger sum for the term of one year.
Question Defts. - State the largest rent he had known said plantation to rent for?
Answer - He said five dollars for three years which is sixteen Shillings eight pence per year.

Daniel Kornegay.

Deposition of Daniel Kornegay taken 3-19-1814.
Test. D. Wright, J. P.
John Beck, J. P.

Merit Murrell.

Sworn -
Question Pltffs., - Did he rent the plantation called the Goshen plantation belonging to the late Sterling Powell decd.?
Answer - He replied he did for one year- and that he gave 14 lbs. and that he bid it off in the year of 1804 at publeck sail.
Question Defts. - Did he know what the said plantation had rented for at any time after he bid it off in the year 1804?
Answer - No. And this Deponent further saith not.

William Burnham.

Sworn -
Question Pltffs. - Did you or did you not hire negro York, formerly the property of Sterling Powell dec'd., one or more years after the death of said Powell?
Answer - I hired York one year only.
Question Pltffs. - What did you give for him that year?
Answer - $44.10 as well as I can recollect. And further this Deponent sayeth not.

Hardy Bryan.

Sworn -
Question Pltffs. - What did Martin Kornegay give for the rent of the Plantation formerly called the Goshen Place?
Answer - He was Martin Kornegay's security for the rent one year and had the money to pay. He gave $28 and some cents, he does not recollect the exact number of cents.
Question Defts. - Do you know whether it ever rented for as much as that before or since?
Answer - I believe it has not since nor does he know that it had before and he believes it was more than it was worth at that time.
Question Defts., - Do you know what it had ever rented for in any one year before or since the year you was Martin Kornegay's security for said rent?
Answer - The first year it was rented out at the Turner place it rented at six dollars. And further this Deponent sayeth not.

3-19-1814
Martin Kornegay.

No record of deposition.

3-19-1814
Henry Flowers.

Sworn -
Question Pltffs. - State the conversation that took place between him and Ezekiel Slocumb one of the Defendants in this case, and he said that Slocumb said if this Deponent should purchase Solomon Rouse claim of the property of Sterling Powell dec'd, if he the said Slocumb would carry the suit if he got cost any further than the Court of Robeson he the said Slocumb replied or intimated that it would not cost in the Court of Robeson and he the Deponent forsooth that the said Slocumb replied that he would rather spend the estate of Sterling Powell at law than the Plaintiffs should have it and he further says that Slocumb, he understood to say, that he was not at Law out of his own money, that the cost it would come out of the estate of Sterling Powell dec'd.
Question Defts. - If Henry Flowers had not understood that Rouse had profered loose twenty five dollars to any one to take his law suit off his hands, and he the Deponent said he believes it was about that sum.
Question Pltffs. - If he did not understand the said Rouse that if any person did purchase the law suit, if they were not taking his rite? He answers yes.
Question Pltffs. - If he knew how the said rite (writ) places in the said suit now depending? He answers he does not, and further this deponent saith not.

3-19-1814

Wayne County, N. C.
     I John McKinne Clerk of Wayne County Court do certify that amount of Sterling Powell dec'd., Acct. of sales is L 882-14.2, 8 hundred and 82 pounds 14 shillings and 2 pence which property was sold on the l7th. of Jan. 1803 and the 19th., 26th. and 29th. days of March 1803.

Also to Accts. received which was due the Testator L 2.17.
To cash in hand at the Testator's death L 12.10.

3-29-1815

State of N. C. - Robeson County - In the Court of Equity,
Thomas Powell and Others VS Ezekiel and Jesse Slocumb.
     Pursuant to an Interlocutory decree in this case, made at September term 1814, l have proceded to examine the Bill Answer, and all the papers relative to said Suit, and do report as follows. By the records of Wayne County Court it appears that the Executors of Sterling Powell had in their hands (after paying all the just debts and legacies) on the 29th. of March 1803 - L 181.10.4-1/2. I also find by the defendants answer that they sold two tracts of land and have received the money thence arising to the amount of L 400. I further find by the depositions that the rent of one plantation called the Goshen Place (belonging to said Powell's Estate) has been L 14. - for one year which from 29th. March 1803 up to 29th. March 1815 would amount to L 168. One other plantation called the Martin Place has rented for L 9.5 a year, which in the same length of time would amount to L 111. I also find the defendants in possession of a negro man named York (which I suppose to be) of the value of L 150. It also appears by the deposition that said York has hired by the defendants for L 22.l a year which from the 29th. March 1803 up to 29th. March 1815, would amount to L 264.12, making in the whole amount L 1275.2.4-1/2, all of which appears to be true and is Submitted.

James Storm. C.M.E.

5-23-1815
Wayne County - Slocumb and Slocumb, Admrs. VS Powell and Others.
In Equity

The defendants except to the said report for these reasons.
First - Because the defendants had no notice of the time when the said report was made and had no opportunity of being present.
Second - Because he has charged the defendants with L 400. the amount for which two tracts of land sold, whereas this sum was included in the amount of sales and was an item in the aggregate from which was deducted some of the testator just debts and which left a balance in their hands of L 181.10.4-1/2 according to the records of Wayne County mentioned in the report.
Third - Because the Master has not allowed a credit to defendants for the sum of L 45.3.5 paid by them 21st. Augt. 1806 on a judgment obtained against them by the administrators of Alice Bass after the date of the records already mentioned in Complainants Bill.
Fourth - He has charged defendants in year with the highest prices for which the Goshen Place and the martin place was rented in any one year which is not authorized by the testimony nor the fact.
Fifth - He has charged them with the hire of York from 29th. March 1803 to 29th march 1815 whereas the said York was hired only three years and then emancipated and they deny complainants right to three years hire.
Sixth - Because he has charged them with the value of York who was emancipated at testators request.
Seventh - Because he has reported a balance in their hands whereas they deny the complainants have any just claim against them.

March Term 1817

Robeson County - In the Court of Equity.
Thomas Powell and Others VS Ezekial Slocumb and Jesse Slocumb,

Executors of Sterling Powell

This is a Bill for distributive share of the slaves of Sterling. The Executors, previous to filing the bill, had caused them to be liberated by the Court of Wayne. The testator a short time previous to his death by parol directed his Executors to cause his slaves to be liberated, and it was in pursuance of this direction that the slaves were liberated. It is referred to the Supreme Court to determine whether the complainants be entitled to a decree and what kind, and this statement of facts and a copy of the will of Starling (Sterling) Powell are to form the case. It is admitted by the Compts. that they waive all Claim of Satisfaction to all the slaves except the one called York.

N.C. State Archives - Supreme Court - Box 20 - case 900 - Powell VS SLOCUMB - 1817

Powell and Others VS Slocumb Executors

     The residuary clause in the will directs the executors to sell the remainder of the testators estate both real and personal, not before disposed of, and after paying the debts, the surplus to be disposed of as the executors think proper. These latter words clearly absolve the Executors, who are the legal owners of the personal estate, from accountability to any one: and this want of accountability goes to every part of the personal estate which had not by the operation of the testators will, come into the hands of the executors to a trust.
     When the legatee dies in the lifetime of the testator and the legacy becomes lapsed, or when the devise is void, and on that account cannot take effect, yet in both instances, the authorities seem clear, that such legacies shall pass into the residuum, unless these events are guarded against.
The testator by the residuary clause having bequeathed to the executors all the rest of his estate, not before disposed of, leaves nothing which the next of kin can claim for their claim is grounded upon a partial intestacy.
     The Bill must be dismissed.

Hall, Daniel and Ruffin Concur.

Thos. Powell and Others VS Ezekiel and Jesse Slocumb, - Robeson
Statement - Reported - Case agreed Filed 7th. July 1817.

Wm. Robards C.S.C

Recorded and Examined.

Wayne County 7th. May 1818.

Dear Sir,
     We received your letter of the 25th. March accompanied by a Bill of Cost in the suit brought by Tho. Powell and others against us which we will take the earliest hope of transmitting to you, through any channel that you may point out, except the two attornies fees taxed for Complainants attornies. You are perfectly aware, that we can only be charged with one, nor am I certain that we are bound to pay even that, until I look at a bond which is in our possession, but which I have not now time to examine.

March 1820

State of N.C. - Robeson County.
     To the Sheriff of Wayne County Greeting.
You are hereby commanded that of the goods and chattels, lands and tenements, of Ezekiel Slocumb and Jesse Slocumb (if to be found in your county) you cause to be raised the sum of Twenty three pounds nineteen Shillings and Eight pence, which lately in the Court of Equity held for the County of Robeson; Thomas Powell and others, obtained against them for costs and charges in said Suit expended whereof they are liable to pay, as appears by a decree of said Court, and have you the said monies, also your own fees before the Judge of said Court of Equity at the Court house in Lumberton on the 4th. Monday in September next to render to Thomas Powell and others their costs and charges as aforesaid. Herein fail not and have you then and there this writ.
Witness - James Storm Clerk and Master of said Court at Office the 4th. Monday in March and the XLIV TH. year of our Independence A.D. 1820.

Jas. Storm C.M.E.

Costs and Charges in said suit.

Writ of subponea.                                               L      .10.
Complainants bond.                                                   .06.
2 Affidavets to the answer.                                          .03.
Copy of the bill for Defendants,                                  1.05.
12-1/2 copy sheets
Copy of the bill and answer                                        3.01.
for Complainants to amend,
30-1/2 copy Sheets,
9 didimus with seals.                                                3.10.6
16 continuances                                                       3.04
State Tax.                                                                1.00
Copies of depositions,                                                 .04.
2 copy sheets
Entering up Judgement                                                .10.
This Execution                                                            .06.2
Attorney Davis                                                         10.00.
                                                                         L   23.19.3

Thomas Powell and Others VS Ezekiel and Jesse Slocumb,
FI FA
To Robeson Court of Equity - September term 1820.

Wayne County.
Oct. 25th. 1820.

Sir,
     In the Fi Fa issued against my father and myself for cost in the suit, Powell and others VS us, you have inserted their atto. fee which we have not paid, in the compromise which was made in that case each party was to pay his own attorney's fees, and we hold them bound in $5000. for a compliance with their agreement. You will have the goodness to make this known to Genrl. Davis and advise me of the result.
     The Sheriff consented that we might with-hold the atto. fee until I could consult you and Genrl. Davis subject. I therefore hope you will attach no blame to him for his return.

Note: This Case also appears in North Carolina Reports, VOL. 6, P. 237, and Supreme Court Book 12.

Compiled by John Martin Oates, Jr.
FALL, 1995

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