RECORD BOOK "F"
1849 - 1852
page 2

Abstracted Jan 2007
by Milly Wright
Submitted for use on these
pages Aug 2007.

Note: The book has not been transcribed in its entirety, although each
case is included. Spelling follows the original as closely as possible.
[In some cases testimonies and proceedings have been summarized. msw]

Page 137
Interrogatories

1. To Sidney C Posey: Have you any and what knowledge of a deed of
conveyance from Percifer F Pearson to Andrew J Hutchings bearing date
the 16th day of October 1838 conveying to the latter said Pearson’s
interest in the Eagle Hotel

1st Interrogatory
To James H Weakley, Andrew J Coffee and Alexander D Coffee

Look upon the paper now shown to you purporting to be an indenture
entered into by and between Percifer F Pearson of the first part, Sidney
C Posey of the second part and Robert W Brahan of the third part having
date 20 day of October 1838 and declare whether or no you were present
when same was executed by said Percifer and others. If so state what was
the state of said Pearson’s mind at the time he executed the same, was
his mind sound or otherwise, and declare whether you saw the same
executed by said Pearson the day said deed bears date, and declare
whether all the subscribing witnesses were present at the time the said
Pearson executed the same, and particularly was Andrew J Hutchings
present and declare whether or no said Hutchings is now dead. Declare
fully your knowledge.

Page 139
Interrogatories to James H Weakley and S T Thustin

1. Declare whether or no you are well acquainted with the property sold
by Thomas Pearsall and wife to Willis Pope mentioned in Exhibit C and D
of Complainant’s bill, if you declare how near it lies to the Town of
Florence and state what would be a fair rent therefor since 1st January
1842.

2. Declare how long said Pope hath had possession thereof under his
purchase from Pearsall and wife, and whether or no said Pope since he
acquired possession thereof hath not been selling fire wood off the same
if you declare the quantity as near as you know the same, and the annule
value of the same. Declare fully.

3. To S T Thustin. Declare whether or no you had any knowledge and if so
what knowledge of a contract and the reason for entering into it by Pope
and Pearsall under which said Pearsall took possession of said Eagle
Hotel before his lease for five years commenced? ...

Page 140
Cross interrogatory to Sidney C Posey

If you state that you were trustee in a deed in trust from Pearson to
you for the benefit of Robert W Brahan dated 20 October 1838 declare
whether you took upon yourself sd trust and acted thereunder. If you
state that you were present when Pearson executed said deed, state where
said (deed) was executed and who were present. And if you state any
thing in relation to the conditions of said Pearson’s mind at the time
declare whether if not thus drunk he was not stupified from the
influence of liquor; and whether he had not been in a state of delirium
tremors and was he not so then was he not flighty and fickle was he in
truth a man sound in mind. State freely and particularly his condition.
Declare at whose request Hutchings made this reconveyance, and declare
whether said Pearson after he executed this deed of October 16 1838
executed a deed in trust to said Hutchings. And if so when and produce a
copy of it and state whether the signature to the original deed is genuine.

Page 144
Thomas Pearsall’s Answer

Sworn and examined the 20th of April 1845 at the office of Gardner Knapp
in the Town of Nichols in the County of Tioga and State of New York.

1. “I did on the 28th day of September 1841 contract with Willis Pope
for a lease of the Eagle Hotel in the Town of Florence for the term of
five years commencing January 1, 1842 at the price of $4500. for the
term of five years. The rent was to be paid in a Farm and was paid
accordingly.

2. An old brick house and an adjoining lot were taken by me as a part of
the contract between me and said Pope. I think this lot and
appurtenances were valued of fifty dollars pr annum.

3. I think there was no valuation fixed upon the use of the furniture by
Mr. Pope and myself.

4. I think that said Pope stated at the time of the contract that
Brahan, Harkins and Saffarans had an interest in the Hotel to the amount
of one third of its value and that Mr. Pope was to pay them their
portion of the rent.

5. The said Hotel was burned down on the night of the 24th of December
1841. I had taken possession thereof prior thereto; I obtained
possession under Willis Pope.

6. The said Pope did make a contract with me after the house was burned;
the contract was that I should give up to him the possession of the
premises, which I did and he paid me therefor a sum of money, the
precise amount of which I do not well remember but I think it was two
hundred dollars. Most of the furniture that was left there by Mr. Pope
was saved except the bed steads. I think all the beds and bedding were
saved but I do not remember how many there were. The same were taken
away to a building opposite the Hotel and on the next morning Mr. Pope
came and took possession of the goods, and subsequently Mr. Pope
disposed of most of the goods.

7. I am not aware that I know any thing more that is material for
complainants, except that the contract I first made verbally with Mr.
Pope for the lease of the said premises was for the rent of five
thousand dollars for the term of five years, but when the lease was
drawn it was for only nine hundred dollars per annum. In making our
verbal agreement the farm was called worth six thousand dollars and Mr.
Pope paid me one thousand dollars as the difference between the Farm and
the rent.

Cross Interrogatory

1. The lease was in writing; Mr. Pope paid me the said sum of one
thousand dollars at different times and all subsequent to the execution
of the written lease, at what time and at how many different times, I do
not recollect. There was no other property embraced in the lease as I
have stated in answer to the second interrogatory, and the consideration
which passed from me was in exchange for all the property leased by me
and the one thousand dollars.

2. It was a “lumping trade.”

3. There was no separate and distinct valuation put upon the several
items or parts of the property leased by me. The property I let him have
was valued at six thousand dollars.

4. I once had a conversation with Mr. Harkins on the subject of the
lease. He did not (to my recollection) say that Mr. Pope had no right to
make the lease but he said that he was not consulted about it.

5. There was some agreement whereby I took possession of the property
prior to the time fixed by the lease as the commencement of the term of
5 years, and Mr. Pope got the possession of the Farm, but I do not
recollect the terms of that agreement.

6. My opinion is that there was a written instrument signed by me,
surrendering the possession of the leased premises to Mr. Pope after the
Hotel was burned, and I think the consideration I received therefor from
Mr. Pope was $200. At the time of making the lease I did estimate that
there was any benefit to me to be divided from that clause therein by
which Mr. Pope was to furnish wood for the use of the Hotel; at that
time it was estimated that the amount I was to pay for the wood would be
the value of the wood.

Thomas Pearsall, Witness

Page 148
Mrs. Mary Coffee’s Answer to Interrogatories

“The deposition of Mary Coffee taken by me at the House of Mrs. Mary
Coffee in the County of Lauderdale and state of Alabama on this the 2nd
day of May 1845 pursuant to the within enclosed commission to me
directed by the Register of the 28th Chancery District of the Northern
division of said courts in said state and issuing out of said court to
be read on the trial of a cause pending in said Court in behalf of the
complainants wherein Martin Harkins, Robert W Brahan et al are
complainants and Willis Pope Sr et al are defendants which said
witnesses after having been by duly sworn and solemnly cautioned on the
Holy Evangelist of Almighty God the truth, the whole truth and nothing
but the truth to speak did depose in answer to the Several Chief and
cross interrogatories to them propounded and herein enclosed in the
manner following viz Mrs. Mary Coffee being first examined deposes in
answer to the Several Chief and cross interrogations to her specially
propounded as follows viz

1. I have been acquainted with the parties to this suit for some years.

2. I have known Percifer T Pearson intimately for upwards of fifteen
years prior to his death.

2. & 3. After I heard that said Pearson had made an assignment to Willis
Pope Jr I went to Florence and found said Pearson in great distress of
mind and intoxicated. I then returned home and sent my son Alexander D
Coffee after him and had him brought out to my house. When he arrived he
was intoxicated but not so much as he appeared to have been; he seemed
to be suffering more from the effect of his previous drunkenness, than
present intoxication. After sleeping that night he seemed next day
composed and rational, but was still weak and feeble from his previous
intoxication and distress of mind.

On the day that said Pearson executed a deed in Trust to S C Posey for
the use of Robert W Brahan he seemed quite rational, tho’ he was still
weak in body. I conversed with him frequently on that day about his
business. In his conversation he talked rationally and spoke of his
business in such a manner as to prove to my mind that he was rational.
As said Pearson had been an intimate friend of the family I bestowed a
good deal of personal attention to his condition and his wants as I was
anxious to have him restored he having been my agent in important
transactions which were unsettled; his mental condition was therefore
particularly noticed by me. I do not recollect the day of the month, or
the date on which he executed the trust deed above described, yet I
remember the occurrences of that day so far as Pearson was concerned;
for the reason that I felt much interest in his condition.

The said Posey called to see said Pearson the day before he executed the
trust deed to him for the use of said Brahan. Pearson was still unwell
from the effects of his intoxication as above stated, and I did not wish
him to be interrupted or disturbed by business, especially that
connected with his recent failure, as it preyed heavily upon his mind.
And I advised said Posey to come back next day. He returned next day
when said Pearson executed said Trust deed to him said Posey and Pearson
appeared to be quite rational on that day. After said Posey left on that
day said Pearson seemed to be very well satisfied that he had executed
said deed, and said to me frequently if his affairs were well managed he
would have enough to pay all his debts.

4. I sent for said Pearson to get him sober and in a condition to do
business, and in further answer to this Interrogatory I refer to and
adopt my answer to the 3rd Interrogatory.

Cross Interrogatories

1. I allude to the assignment made to S C Posey. I was not present when
said Pearson executed a trust deed to Willis Pope Jr. for the benefit of
A J Hutchings, and know nothing of his condition when said deed was
executed.

2. I frequently called at said Pearson’s Store but never saw him drunk.
I heard however that he was intemperate at night and I have no doubt he
was, as his appearance indicated it.

3. I can not recollect the day of the month he came out to my house but
it was two or three days before he executed the deed to said Posey. Sd
Pearson was brought out from Florence by Alex. D Coffee in a carriage,
and did not return to Florence ‘till after he executed said deed to said
Posey. As I have already stated he was intoxicated when he came out to
my house, but was suffering more, from the effects of his previous, than
his present drunkenness. I can not state how long he had been
intoxicated when he arrived at my house, he was taken to a room, washed,
shaved, and dressed. I did not see him for two or three hours after he
arrived - then he was not silly, but in great mental distress, as much
so as any person I every saw. After Pearson came out no liquor was given
to him for two or three days only as medicine and this his debilitated
condition required. He was sober shortly after he arrived.

A day or two after he executed said Trust deed to said Posey, he bribed
a negro to bring him liquor from Town and got very drunk. I found
several bottles he had hid, one in his bed. I thought it advisable to
send for a Physician and called in Dr. Hampton J Posey. He said Pearson
was at that time affected with something like delirium Tremens. The
Doctor gave him some remedies and restored him. He got sober the first
day after he got out to my house and remained so till he got the stolen
liquor above spoken of, when he got drunk again. After he recovered from
the last mentioned drunkenness, he remained sober till he returned to
Florence. He went to Florence several times and returned without getting
drunk, but after a while he would go to Town and get drunk, and then he
went to Florence and remained.

The deed executed to said Posey was done as well as I now remember on
the 2nd or 3rd day after he came out above spoken of. On the day said
Pearson executed that deed as I have already stated, said Pearson was
walking about the house and conversed with one freely about his
business, and as well as I remember sat at the table with the family,
and took his meals.

4. I have stated my motive in sending for said Pearson in my answer to
4th Interrogatory. I do not know what was his motive for coming other
than the motive of having a home and retreat from his troubles, etc. I
repeat he got sober on the day he came to my house, and remained some
three or four days or as I suppose till about the 22nd Oct of that year.
I was not present when said deed was executed. Shortly after it was done
he came into the sitting or dining room and expressed himself highly
gratified at what he had done; he spoke of the deed and seemed to
understand it fully and expressed himself as satisfied that he would
have enough to preserve his securities from loss. At the time of the
execution Pearson was feeble in body, but was walking about the house.
The subjects of his conversation were different from those when he was
in health and prosperity. His mind was harrassed on the subject of his
failure and did not seem so vigorous as when he was undisturbed. Yet his
mind was not flighty. He was greatly mortified at his failure in
business, and had much conversation with me, with a view to satisfy me
that gaming had not been the cause of his misfortunes and further this
deponent saith not and hereunto subscribes her name.
Mary Coffee

Page 153
Deposition of Ferdinand Sannoner

I am acquainted with the parties to this suit and have been for many years.

2. I was intimately acquainted with Percifer F Pearson in his lifetime.
I cannot state what was the condition of said Pearson’s mind on the 20th
October 1838. I do not know when he made the assignments here spoken of
but I considered him when sober competent to transact business about the
time he gave up his store to Willis Pope Jr.

3. I did consider him up to the time of his assignment of his property,
an intelligent business man when sober and that he had sufficient
business capacity when sober to transact business about that time.

1. Cross Inter.
... I believe said Pearson was a confirmed drunkard after he gave up his
store.

Page 159
Interrogatory to Robert M Patton

If you state that there was a decline in the business of Tavern Keeping
at the Eagle Hotel from 1840 to the time the House was burned, declare
fully whether or no said House in the years 1840 and 1841 was no
negligently and badly kept. Now declare if it had been well kept in
those years whether or no there would have been any declension in the
business of the House and if any to what extent.
Jas Irvine, Solicitor for Complainants


Page 160
Deposition of James Thustin

1. I am acquainted with the parties to this suit and have been for four
or five years.

2. Deponent states that Thomas Pearsoll took possession of the Eagle
Hotel in Florence on the 1st day of December 1841 together with the
furniture and appurtenances belonging to said establishment under a
verbal or unwritten agreement, substantially as follows, Pope at that
time was in the possession of said Hotel and had several yearly
boarders, the precise number I cannot now state and he proposed to let
Pearsall have the possession of the Hotel etc. up to the first day of
January following provided he Pearsoll would continue to board those who
were already regular boarders at the House for and on account of said
Pope, without charge, during said month of December. This proposition
was accepted by said Pearsoll and he entered the Hotel under it and
deponent believes that Mr. Pope made out and collected the (bills)
against those who boarded at the Hotel under said agreement during the
month of December aforesaid, at all events he had the right to retain
and collect them on his own account as he received no other
consideration as rent of said Hotel for the month of December aforesaid
other than the right to collect the board bills aforesaid.”

Thustin said that furnishings included about 40 feather beds and the
usual quantity of bedding, a large number of mattresses, probably 30 or
40, about 50 bedsteads, double and single, about 120 common Windsor
chairs (a plain durable article) and about 30 common wash stands and the
same number of small common tables for the use of the sleeping rooms.
“There were also dining tables, crockery, and cooking utensils. He
thinks the furniture at the time was worth about $1200.00.”

Thustin said that the furniture in the first and second story of the
Hotel was of an ordinary character such as is generally used in the
public houses of the country; the articles were plain but strong and
suitable for such an establishment. The beds in the third story, and
there were probably 7 or 8, were mostly well worn? and were of less
value than those in the other parts of the building.

Page 162
Alexander H Wood deposition

“I have resided in Florence for 23 years or upwards. I have been and am
still acquainted with the rates of which real estate in said Town has
rented for the last ten years. The annual value or rent of real estate
has diminished within the last ten (years). It has been lower since 1839
and 40 than at any time previous, all kinds of real estate in this town
has depreciated from former prices at least 50 per cent. I consider the
rent of the Eagle Hotel in 1841 without furniture including the Barber’s
and Tailor’s shop and excluding the Lot No. 74, worth $575.

For several years prior to the 1st January 1842 the Eagle Hotel was
rented or leased to Willis Pope Sr at about $1000. per annum including
buildings of all kinds, fixtures and furniture, as deponent is informed
and believes.

I do not think Lot No 74 mentioned in defendants interogatory is in a
business part of the town, nor do I think it desirable for a private
residence. It is generally occupied but not by profitable tenants. There
is an old Brick House situated on it, a common log stable and it is
enclosed with a plank fence. I have stated before that I thought the
annual rent thereof was about $50.00.

Page 163
Robert M Patton deposition

P F Pearson and myself were joint purchasers of the Eagle Hotel at a
sale thereof under trust deed and afterwards permitted Caruthers and
Kimble to become equally interested with us in the purchase, each party
owning one third. We as owners purchased furniture for said House from
Cincinnati and elsewhere, the cost of which was upwards of $3,000.00.
The Hotel was kept about one year by Michael Erskine and the owners
thereof under the superintendence of said Erskine. I think the Hotel was
afterwards leased to Willis Pope and then to Matthew Neal at the rate of
$1000. per annum. I do not recollect how long said Pope and Neal kept
it. The lease included the House and furniture. I considered $1000 fair
rent for said Hotel and furniture. I think there has been a declension
in the business of Tavern Keeping at that Stand and all other places in
this country from the time it was leased to Pope and Neal until it was
consumed in 1841.

I have a personal knowledge as to the manner in which said House was
kept in the year 1841. I have frequently heard complaints as to the
manner in which said House was kept. My impression is that there was a
general declension in the business of tavern keeping in this country
owing in a great measure to the embarrassments of the times. I cannot
say that the declension of business at the Hotel aforesaid was greater
than that at other public houses in this country at that time. ... He
sold his interest being one third of the House and furniture to Willis
Pope Sr about the time said Pope last took possession of said Hotel in
or about the year 1836.

Page 164
Thomas J Crow Answer to Interrogatories

I am acquainted with most of the parties and have been for the last ten
or fifteen years. I was well acquainted with Peter Saffarans in his
lifetime; he died in the fall of 1840. I would say that the annual rent
of the furniture of the Eagle Hotel at the time T Pearsall took
possession thereof would be 20 per cent on its value. I would suppose
the value of the rent or use of said furniture for five years would be
20 per cent on its estimated value annually. I would estimate the annual
rent of Lot No 74 from 1st January 1841 at about $60.00.

I reside in Florence now and have done so for the last 20 or 21 years. I
have been acquainted with the rates at which real estate has rented for
many years past. The value of the rent of real estate in the Town of
Florence has greatly diminished within the last ten years. It has been
lower since 1839 and 1840 than at any previous period. I would say that
the rent of real estate in the Town of Florence has depreciated from 25
to 30 per cent taking rents generally within the last four or five
years. I would estimate the rent of the Eagle Hotel in Florence in the
year 1841 without furniture at about $720. This estimate includes the
lot No. 74 and the houses of Stewart and Rapier above spoken of.

The Eagle Hotel was rented to Willis Pope Sr for several years prior to
the 1st January 1842 and was rented as deponent is informed and believes
at $1000. pr annum. The Eagle Hotel was not worth as much at the time it
was consumed, as it was in the year 1837. ...

I would estimate the value of the House occupied by John Rapier in 1841
as a Barber Shop on Lot No. 75 at $25. pr annum, that of the House
occupied by James W Stewart in 1841 as a tailor shop at $60 pr annum
from that time till the present.

Lot No 74 is not in a business part of the Town nor is it in a desirable
place for a private residence. It is generally occupied by some person.
It has on it a brick house, in bad repair, a log stable and is enclosed
by a plank fence. It is worth $60. pr annum rent.
Thos J Crow

Page 170

8th Interrogatory
To: James Sample, William Crow, Jacob Williams, James Chambers.
Declare whether you or either you have ever been employed by Willis Pope
to do any repairs to the property formerly owned by Christopher Cheatham
afterwards by Thomas Pearsall and since then occupied by said Pope,
adjoining the Town of Florence. If so declare the character of the
repairs so done by you when done and the value thereof the amount paid
you therefor, by whom paid and when. ....

Page 172
J W Stewart deposition

In the year 1842 whilst I was a tenant of Willis Pope, one of the
defendants in this cause, occupying the small framed tenement described
in this interrogatory as situate on Lot No 76 as a Taylor shop, I was
authorized by said Pope to make certain repairs to be deducted out of
the rent to be paid him therefor. Accordingly I found shingles, nails,
etc and had said house recovered. This was indispensably necessary both
to the preservation of the House and the occupancy thereof. The repairs
cost me at least $25.75 which amount was deducted out of the rents due
by me to said Pope for the year 1842.

Page 173
William S Crow deposition

In the year 1841, I was employed by Willis Pope, William Allen being
then my partner in the carpenter business to repair the roof of the
Eagle Hotel and hang a door, for which we charged said Pope five dollars
and fifty cents. I considered the repairs necessary and proper. Willis
Pope paid me.

I was employed by Willis Pope in the year 1842 to make repairs on the
house now occupied by him. ... I covered one side of the dwelling house
and fixed the cornish for which I charged him $67.50. I also repaired
the valey and charged $1.00. These repairs I considered necessary. Said
Pope paid me, therefor on the 26th September 1844 as appears in my
books, also in the years 1843, 4, 5, I did other repairs on said house
which I considered necessary; they amounted in all to $46.50. W Pope has
paid me I suppose for all; there has been a running account between us,
and I have no doubt I am now indebted to him. Said Pope bought the
shingles, most of them from Mr. Curtis, say fifteen thousand four
hundred, I do not know what said Pope gave pr Thousand. I would suppose
at that time they were worth about $2.50 pr thousand. I covered the
Kitchen which is included in the above item of account on Pope. It took
about 4,000 shingles, they were purchased from William Billingsly; I
gave $2.00 pr thousand last fall, and would consider that their value
then. On the 1st January 1845, I repaired for Willis Pope the small
frame building on lot No 76 occupied at this time by John G Warren and
Jno Rapier. I put in a sill and other repairs which I considered
necessary and proper for which I charged him $10.00. As I stated above I
suppose I am paid, but cannot state with certainty not having settled
with him.

Page 175
Jacob Williams deposition

I was employed by said Willis Pope to make a gutter and spout, repair
fire place, clean out gutter, make valley gutter and eave gutter, for
which said Pope paid me in all $49.95. I considered the above repairs
necessary and proper. This work was done by me from the 8th December
1841 to the 26th April 1842 inclusive, as appears on my books. It was
due 1st January 1843 and I suppose was punctually paid. The work above
described was done on the house now occupied by said Pope. My charges
were customary. I also did repairs on the Eagle Hotel on valley and eave
gutter in 1840 for which said Pope paid me about $5.00. ... I purchased
250 bricks from the wreck of the Eagle Hotel after it was burned from
said Willis Pope, for which I paid him $1.00.

Page 176
Robert Andrews deposition

A policy was issued by me to said Pope on said property as the agent for
the Nashville Insurance and Trust Company, in the month of December 1841
for one year covering $3,000 on which said Pope then paid me 1 pr cent
premium being $30.00 He also paid me at that time $1.00 for the policy
and for the Survey $___. A great deal of the property in and Florence of
value was insured about that time. A large amount of valuable property
has been destroyed by fire in and about the Town of Florence within the
last few years, amounting in all I would suppose $30,000.

Page 177
James Chambers

I never did any work on the Eagle Hotel in Florence. I was employed by
Willis Pope to do repairs on the House formerly occupied by Christopher
Cheatham and at present by said Pope described in this Interrogatory viz
splicing hand rails of porch, cellar door and frame, repairing floor in
back porch, splicing columns, back porch finding? timber, and curbing
well, finding 1 pair of hinges and 1 joist, and doing repairs on front
porch, amounting in all to the sum of $20.50. I was paid that amount by
said Pope in 1843 in which year said repairs were done. I considered
them necessary at the time they were done, both to the safety and
durability of the House. I have no knowledge of any materials purchased
by said Pope except some nails the amount of which I cannot state. The
repairs were worth what said paid for them.

I am not sufficiently acquainted with the property at present occupied
by said Pope, to state what is the value of the annual rent thereof.

I have answered most of this Interrogatory in my examination in chief
except as to my knowledge of the necessity of said repairs, as to which
I will say I am a House Carpenter by profession, and from my knowledge
of the condition of the House I considered said repairs necessary both
to the comfort and durability of said house.
I purchased of Willis Pope ten thousand brick from the wreck of the
Eagle Hotel since it was burned for which said Pope charged me $4.00 pr
thousand.

Page 177
H A Pope deposition

Willis Pope did repair on the property refered to in this Interrogatory,
and at present occupied by him in the way of painting. He employed for
that purpose, Mr. Hogan Matin? who then resided in the Town of Florence,
and who I believe now resides in Huntsville. This work was done in the
year 1843, on the front and back porches on the front parlor and bedroom
doors, this account therefor amounted, I think, to about $17.00 which
was paid him by said Pope. Said Pope did purchase a set of steps from
William S Crow in the year 1844 for which Pope paid him ten dollars, to
be attached to the front of said building.

I was well acquainted with the condition of the house, and considered
the painting done requisite to the preservation of that part of the
building on which it was applied. The steps, I also considered necessary.

Page 178
James Sample deposition

I was employed by Willis Pope in 1840 to do certain repairs on the Eagle
Hotel then occupied by said Pope as a tavern and described in this
Interrogatory and accordingly did brick work on said House and
appurtenances to the amount of $93.10 1/2. A small portion of this
account consisted of lime furnished said Pope for white washing, etc.. I
also did work for said Pope on said Hotel in the year 1841 to the amount
(including a small quantity of lime furnished) of $17.25. Said work in
1840 and 1841 consisted principally in building a chimney on Tavern lot
in the frame House now jointly occupied by John G Warren and John
Rapier, laying hearths, putting in backs to fire places, fixing jams,
and paving in part the front of said Lot on which said Hotel stood
before burnt.

I considered the repairs by me done on said Hotel necessary and proper
and have received payment therefor from said Pope.

I was employed by said Willis Pope in 1842 and 1843 to do certain
repairs on the House now occupied by him and described in this
Interrogatory to the amount of $18.00. 50 cents thereof being done in
1841, for which I have received full payment from said Pope. This work
consisted mainly in raising a chimney higher on the kitchen, repairing
backs, hearths etc. I considered the repairs by me done necessary.

I am acquainted with the property at present occupied by said Pope as a
dwelling near Florence, and would estimate the annual rent of said
House, and lots adjoining pr annum from 1st December 1841 to the present
time to be $200.

I was employed and directed by said Willis Pope to do the repairs on
said Hotel above spoken of. I did them in 1840 and 1841. I built a
chimney as above described; it was double and amounted to $57.48. From
my knowledge of the condition of the streets, I considered the paving
above spoken of necessary. The other repairs on hearths, back, etc. I
considered necessary from an inspection of their situation at the time
the work was done.

Page 183
James H Weakley deposition

I know and am well acquainted with the property sold by Thomas Pearsall
and wife to Willis Pope mentioned in this Interrogatory. The dwelling
House on said property is situated about 3/4 of a mile from the Court
House in Florence, the House is situated on the nearest portion to the
Court House, and the land runs back about 1 mile and 1/2 from the Court
House. I think that $200. would be a fair annual rent of said property
from the 1st January 1842, including the out Houses, pastures etc..

Mr. Pope took possession of said property about the 1st Dec 1841 and has
occupied the same from that time, till the present. Mr. Pope has been
selling wood, but I do not know whether the wood was cut off of the land
owned by Pope before the purchase the above property from Pearsall or
from the property now in controversy.

I know that said Pope owns 1/4 section of land adjoining the land he
purchased of said Pearsall and wife.

Page 185
L. T Thustin deposition

I am well acquainted with the property sold by Thomas Pearsall and wife
to W Pope, Sr. and mentioned in Exhibits “C” and “D” of Complainants
bill. It lies something over a half a mile from the Court House in
Florence, and I should think that two hundred dollars would be a fair
annual rent for the property. Pope took possession of the property that
he purchased of Pearsall and wife on the 1st day of December 1841 and is
still in the possession of the same. I know that Mr. Pope has had hands
engaged in hauling wood part of the time, for the last two years. ... He
owns a 1/4 section of wood Land adjoining the land he purchased of
Pearsall on the East side of the same ...

Page 195
James Sample deposition

Witness states that he bought brick from said Pope, taken from the wreck
of said Hotel, say two or three thousand or perhaps more, at four
dollars per thousand. I also hauled one thousand brick from said wreck
for James Chambers, and I also settled as agent for Mrs. Brandon for the
hauling of five thousand brick, as I understood, from the wreck of said
Hotel. I do not know what said Pope received for said brick, but I would
estimate their value at about $3.00 per thousand.

I paid said Pope 4 dollars per thousand for the hard whole brick I
received. I do not know what he received for the others alluded to by me
in my answer to the 2nd Interrogatory.

Page 197
Exhibit A

25 February 1839. I Sidney C Posey as trustee of Percifer F Pearson, for
and in consideration of the sum of $1301.00 to me in hand paid by Robert
W Brahan, Peter Saffarans and Martin Harkins .. sell unto Brahan,
Saffarans and Harkins: the undivided third part of Lot No. 75, known as
the Eagle Hotel bounded on the east by Court Street, south by the public
square, north by the lot and residence of William W Garrard and by the
brick tenement occupied by Joseph S Sloss, west by an alley and south by
the public square. Also part of Lot No. 123 ...

Page 198
Exhibit A

20 October 1838 Between Percifer T Pearson of the first part and Sidney
C Posey of the second part and Robert W Brahan of the third part. ...
All his right title and interest in Lot No. 75 .. known as the Eagle
Hotel. and does also hereby sell convey and transfer unto the said Posey
all the stock of goods the said Pearson has no on hand in his store in
the Town of Florence ... Also much other property (including a frame
building now occupied by Wm H Allen as a furniture ware room - the same
lot formerly occupied by Andrew Blair Stone Cutter. ...

Page 209
Decree, Dedimus

The complainants, Robert M. Brahan, Martin Harkins and the Heirs of
Peter Saffarans decd and the defendant Willis Pope in his own right and
as Trustee for the heirs of Mary L Pope, decd are owners in common of
the fee simple of Lot Numbered 75. Lot 75 was divided up - Willis Pope
got the Eagle Hotel. Pope, as trustee for the heirs of Mary L Pope got
adjoining property fronting Court Street, Pine Street, and Mobile Street.

Map of Lot No. 75, bounded by Court Street and Tennessee Street

Lauderdale County Chancery Court Records “F” 1849-52

(Note: There is a great deal of information in this case on plantation
society, particularly in regard to the role of women, on the aspirations
of plantation owners to emulate the principles of chivalry (as shown in
the will of Samuel Savage, and in the books that he owned), the role and
treatment of slaves, plantation economy, people who were active in the
community during this time period, plantation furnishings, interstate
travel, legal manueverings, etc...) msw

Page 213

Martha E Savage Admx of Samuel G Savage decd vs Vincent M Benham

“Be it remembered that heretofore to wit on the 8th day of April 1845
Martha E Savage, admx filed her bill of Complaint in the Chancery Court
for the 28th District of the Northern Division of the state of Alabama
against Vincent M Benham, Geo. M Savage, Hervey Dillahunty, Behethaland
Dillahunty, Samuel Johnson, John A Johnson (wrong name), Charles
Dillahunty, Hervey Dillahunty Jr., Milly Dillahunty, Samuel S
Dillahunty, Samuel J Rucker, Ann E Rucker, Matilda Rucker, and the
representative of John T Savage, defendants in the words and figures
following to wit.

Martha lived in Franklin County. She married Samuel G Savage on 6
February 1839 (when she was sixteen years old). Samuel died in
Lauderdale County on 28 April 1840, intestate. Letters of Administration
on his estate were granted to her by the Orphans Court of Lauderdale
County. Samuel Savage the elder and father of her intestate, departed
this life in said county of Lauderdale, where he had resided many years
previous thereto, sometime in the month of October 1837 after having
made his last will and testament, seized and possessed of a large real
and personal estate, situated in said county, consisting of lands,
slaves, stock, chattel property, money on hand, and notes and accounts
due to him, in all of the value of $75,000.00. With his slaves and his
land, he in his lifetime cultivated cotton, corn, etc. extensively and
that by said last will and testament he nominated his son George M
Savage, Finch P Scruggs and John Lorance his acting Executors and in the
language of said will, Hervey Dillahunty, Finch Scruggs and Sidney C
Posey consulting executors, all of them except the said George M Savage
renounced the execution of said will.

George M Savage proved the will before the Orphans Court on 4 December
1837 and “possessed himself immediately thereafter of all the property
of said estate, real and personal. He never returned to said court an
inventory of the property of said estate, which came into his hands, but
on the 4th day of February 1838 he returned to said court an
appraisement bill ... a paper containing a description of the tracts of
land owned by said Testator in Lauderdale County ... which made up the
plantation on which he resided at the time of his death.

Charges that George did not make a true statement of money collected

Page 215

By the fourth item of said last will and testament said testator
directed his executors to advance his younger children (meaning the
complainant’s intestate and his son Tacitus) when they should arrive at
twenty one years of age, by giving them as much property out of his
estate as he had given his elder children upon their marriage or
majority. And complainant states that said Testator had advanced his
elder children as follows. To Behetheland Dillahunty he had given or
advanced $3164.00, to Frances T Rucker $3180.00, to William T T Savage
$2700.00, to Sarah Dillahunty $1400.00 and to George M Savage $1300.00.
And although her said intestate arrived at full age on the 8th day of
March 1838, the said George M Savage as such executor or otherwise did
not, nor did he upon his marriage (which took place at the period above
stated) advance him to any amount either in property or money out of
said estate or otherwise, nor did he defray the necessary expenses of
the schooling, boarding, education and living of her said intestate
prior to his majority, but she states that many of the charges therefor
have been paid by her as administratrix of her said intestate and some
still remain unpaid, she having no means of said estate wherewith to pay.

Complainant further states to your Honor that the said George M Savage
on or about the __ day of November 1842 clandestinely left the state of
Alabama and has never to her knowledge returned, carrying with him nine
of the slaves and nine mules and horses belonging to said estate, and as
she has been informed has disposed of and converted them to his own use.
And she charges that the property thus taken off by him to have been
worth seven thousand dollars. She also states that the said George M
Savage never did make any settlement with the Orphans Court of said
county of Lauderdale of his transactions as Executor of the last will
and testament of Samuel Savage decd, either annual or final.

Complainant further states to your Honor that a few days after said
George M Savage absconded, one Vincent M Benham was appointed
administrator of the estate of Samuel Savage decd with his will annexed
(the Letters testamentary to the said George M Savage having been duly
revoked) by the Orphans Court of said county of Lauderdale and that he
has possessed himself of all the estate of Samuel Savage deceased except
that portion thereof which (as above stated) was converted by the said
George M Savage and since the grant of Letters of Administration to him
he has employed the property of the estate of Samuel Savage in the
cultivation of cotton, corn, etc. She states that he received some
eighty or one hundred bales of cotton of the crop grown on the said
testators plantation in 1842 and has sold the same for some $1700 or
$1800 and has also sold and disposed of the crops grown on said
plantation in the years 1843 and 1844 and of the crops of the last two
years. He has rendered no account to the Orphans Court of said County of
Lauderdale. She charges that the force on said plantation is capable of
raising with reasonable management, 150 bales of cotton pr annum, and
that that number of bales was raised on said plantation during each of
the years of 1843 and 1844 and that the crops each sold for between
three and four thousand dollars.

Complainant further charges that the said Benham during his
administration of said estate has sold from said plantation and as the
property of said estate, stock, provisions, etc. annually at least three
hundred dollars worth.

She further states that since the month of August 1842 until now the said
Hervey Dillahunty and wife with their families, consisting of themselves
and children, have resided on the plantation of said Saml Savage decd
and have been supported therefrom with all their family supplies which
together with the dwelling houses occupied by them has been worth
annually from five to six hundred dollars, and she is also advised and
so charges that the said Dillahunty and wife have during all that time
had the exclusive use of four of the negroes belonging to the estate of
Saml Savage decd as servants to wait on themselves and families and that
too with the approbation and consent of said Benham, and that the said
Benham never has accounted to said estate therefor, and she charges the
annual value of the hire of said slaves, to be worth from three to four
hundred dollars, that said Dillahunty is entirely insolvent and has been
ever since he removed to said plantation and known so to be by Benham.

She said that “none of the items therein charged as credits to said
administration and allowed by said court, were debts due by said
testator in his lifetime and paid by said administrator, nor were any of
them charges necessarily incurred by said Benham in his administration
of said estate except the charge of $300. paid to W R Garner for
overseeing.

Complainant further sheweth unto your Honor that by the Seventh Item of
the last will and testament of said Testator it is provided that at the
death of his wife Ann R Savage, all his property of every kind and
description, then in the hands of his executors, real and personal
should be equally divided between his children, that is to say, in the
language of said Will, one seventh part thereof to the children of his
daughter Behetheland Dillahunty or the survivors of them in equal
proportions, one seventh to the children of his deceased daughter
Francis J Rucker or the survivors of them, upon the condition mentioned
in said will, one seventh to Saml Savage Dillahunty, an infant child of
his decd daughter Sarah N Dillahunty, one seventh to his son Wm F
Savage, one seventh to said George M Savage, one seventh to Saml G
Savage, complainants intestate, and one seventh to Tacitus Savage. But
in making said division his executors are expressly directed to charge
to the portions of his grand children the advances which said Testator
had made to their parents, and to the portion of such of his children as
had been advanced, the portions he had advanced to them, and also to
charge against the portions of the said George M and the children of the
said Behetheland the nett annual proceeds of said plantation required by
the fifth Item of said will to be paid over to said George and
Behetheland, so as to make up to his two younger children the said
Samuel Savage, complainants intestate and John Tacitus Savage out of his
estate, or the residue thereof, for what his other children may have
been advanced in his lifetime and received from his executors in the
annual division of the crops as required to be made by the 5th Item of
said will. ...

Complainant further states that the apprehension entertained and
expressed by said Testator, in his will of the death of his son Wm F
Savage was well founded, and she states that he did depart this life
before the death of his Father, so that the legacy to him is lapsed. ...

Complainant further represents unto your Honor that the widow of said
Testator Ann R Savage departed this life on the 7th day of October 1840
(1841, according to her daughter, B.D.), when by the provisions of his
will distribution should have been made of said estate, according to the
method therein prescribed she states to your Honor that she has since
then frequently applied to the said George M Savage, whilst he was
executor, and since then to the said Benham as administrator of said
estate to have the portion of her said husband and intestate therein set
apart to her but they have always refused, falsely pretending said
Estate is still in debt, and that complainant is not entitled to any
interest therein. But complainant charges that said Testator at the time
of his death owed nothing or comparatively nothing and that the good
debts due to him and collected by the said George M Savage as such
Executor were more than sufficient to pay off all the indebtedness of
said estate, and that the proceeds realized by said Benham, since his
administration of said estate from the crops grown on the plantation of
said estate, she charges have been more than sufficient to discharge
every debt, real or imaginary which in fact or in his estimation may
exist against said estate.

But she charges that said Benham combining and confederating with said
Hervey Dillahunty, who is the real manager in the administration of said
estate, to cheat and defraud her intestates estate, out of its residuary
interest in the estate of Samuel Savage the Elder decd has been
misapplying the means of said estate to the payment of debts contracted
by the said George M Savage and chargeable solely to him, and for the
benefit indirectly of said Harvey Dillahunty who is one of the
securities of the said George M Savage for the faithful management of
the estate of said testator and to the discharge of debts created by
said George M Savage which were not a charge upon said estate, of such
character are most if not all the debts with the exception of the
payment made to Garner, which purport to have been made by the said
Benham, in his pretended account herein before refered to as exhibit E.

She said that she had always been ready and willing to tender to Benham
a refunding bond with sufficient security to indemnify him in paying
over to her the legacies due her.

Complainant further shows unto your Honor that the other and only
security besides the said Hervey Dillahunty of the said George M Savage
for his faithful administration of his father’s estate or execution of
the provision of his will was Jno B Dillahunty (the father of Samuel
Savage Dillahunty and brother of the said Hervey) who departed this life
insolvent on or about the ___ day of August 1841 of which the said
George M Savage and Hervey Dillahunty had full knowledge the latter
having become his personal representative, and the said Hervey
Dillahunty and the said George M Savage, the said Dillahunty being then
in failing circumstances and the said George entirely insolvent
combining and confederating to cheat and defraud those entitled as
residuary legatees in said estate, particularly complainant as admx of
the estate of Saml G Savage pretending that the said George M did not
carry or intend to carry into effect the 5th Item in said will so far as
a division of the nett proceeds of the cotton crops of said estate, was
concerned,, although the said Dillahunty in right of his wife had
received therefrom from time to time from the said Savage, in all the
sum of $773.83, (should be $7738.3?) including interest up to the 25th
day of July 1842, and in the character of husband of said Behetheland as
he rightfully might, and did, yet with a fraudulent view and design of
enhancing the interest of his wife and children in the residue of said
estate upon its final division they the said Savage and Dillahunty
fraudulently transformed the receipts of said money by Dillahunty from
said Savage into a debt due from himself to the estate of Saml Savage
the Testator, pretendingly for monies loaned by said Savage in the
character of executor aforesaid and on the said last mentioned day the
said Dillahunty fraudulently confessed a judgment therefor in the County
Court of Lauderdale County to the said George M Savage as Executor, his
property then being covered by executions so that the whole of said
Judgt could not be, and has turned out was not realised by some two or
three thousand dollars. ...

She wanted Behetheland’s share to be diminished by such sum as the said
Hervey D may have received from George M Savage from the proceeds of
crops grown on the plantation.

Your complainant shows unto your Honor that the children of said
Behethaland Dillahunty are Samuel Johnson and John A Johnson (wrong
given name) who are her children by a former marriage, the former of
whom is 21 years of age, the latter a minor over fourteen years of age,
Charles Dillahunty, Hervey Dillahunty Jr. and Milly Dillahunty, children
by her marriage with the said Hervey Dillahunty all of whom are minors
under fourteen years of age.

The children of Francis Rucker decd are Samuel James Rucker, Ann Eliza
Rucker, and Matilda Rucker, all of whom are minors under twenty one, but
over fourteen years of age, and that said Vincent Benham is their
guardian. She further states that John Tacitus Savage departed this life
in Lauderdale County intestate over 21 years of age, on or about the 2nd
day of March 1841, and that no administration is had on his estate.

Complainant further states she cannot make all residuary legatees in
said estate co-complainants with her in this suit for the reasons that
the interest of the said Behetheland Dillahunty and her children are to
some extent adverse to hers in the subject matter herein set forth, and
the interest of the children of Francis Rucker deceased in the estate of
said Testator is controlled by the said Benham as their guardian, and
the said Saml Savage Dillahunty is a minor of very tender age under
fourteen years of age living with the said Hervey Dillahunty and
controlled by him, and the interest of the said George M Savage and
Hervey Dillahunty is adverse to that of the complainants in some of the
matters here set forth.

She asked that all the other legatees (everyone lived in Lauderdale
county except the Ruckers, who lived in Tennessee) be made defendants in
the bill, and that George M Savage, Hervey Dillahunty and Benham make an
accounting.
Martha E Savage
Wm Cooper and S W Probasco solicitors for complainant

Page 221
Inventory of Samuel Savage’s Estate

One note on Finch Scruggs $1200.00
One note on W Fitzgerald $100.00
2 notes on J Baughs, whole amount $575.00
100 head of shoats 250.
14 sows and 90 pigs 90.00
6 sows 12.00
11 mules 825.00
1 horse 25.00
2 carriage horses 200.00
1 gray horse 75.00
4 colts 120.00
1 colt 40.00
1 sorrel mare 100.00
1 roan horse 75.00
1 sorrell mare 100.00
1 sorrel filly 30.00
1 brown horse 75.00
1 bay horse 50.00
1 bay mare 100.00
64 head of cattle 448.00
80 head of sheep 160.00
25 head of goats 25.00
13 head of hogs 58.50
500 Bbls corn 1250.00
40,000 fodder 300.00
150 bushel oats 60.00
5 stacks oats 40.00
1 carpet, 25 yds $31.25
1 side board 25.00
1 pr dining tables 20.00
1 pr dining tables 10.00
1 cupboard 12.00
1 lot crockery 30.00
8 Windsor chairs at .75 each 6.00
1 bed and furniture 35.00
1 bed and furniture 40.00
2 bed steads 10.00
1 fender and andirons 3.00
1 bed and furniture 50.00
1 bed stead 8.00
1 clock 50.00
1 side table 10.00
1 work table 5.00
1 wash stand 2.00
13 blankets 20.00
3 white counterpaines 25.00
29 cotton sheets 29.00
1 calico spread 4.00
4 checked counterpanes 4.00
2 pr linen sheets 4.00
4 Marseilles counterpanes 19.00
1 quilt 1.00
2 table toilets .50
7 window curtains 5.25
1 lot table cloths 30.00
24 pillow slips 3.00
17 towels 4.00
1 thermometer 1.50
6 rush bottom chairs 1.50
3 Windsor chairs 2.25
Shovel and irons 2.00
1 water cart 12.00
1 wagon 25.00
2 yoke oxen 50.00
1 looking glass .25
1 Settee 3.00
Table, Cooper ware and wash pan 3.00
1 safe 5.00
1 lot bottles 2.00
1 bed and furniture 40.00
1 bed and furniture 40.00
1 curtain bedstead 5.00
1 common bedstead 1.50
11 rush bottom chairs 2.75
1 table and glass 3.00
1 Desk and lot books 12.00
1 trunk and sugar chest 2.00
1 Travelling trunk 5.00
1 glass .75
1 candle stand 1.00
1 tea kettle and irons 3.00
1 carpet 3.00
1/2 doz Chambers and wash bowl 3.50
1 lot of old lumber 5.00
1 lot of old lumber 10.00
1 bed and stead 5.00
8 pillows 16.00
1 bed and stead 15.00
1 small bed stead 3.00
1 bathing pan 5.00
1 reel and spooling frame 3.00
2 yoke of oxen 80.00
1 wagon 25.00

Kitchen Furniture

1 brass kettles 12.00
12 pots, ovens and skillets 21.00
5 pr pot hooks, waffles and gridirons 3.00
14 Dishes part damaged 4.00
1 lot tin ware 1.00
2 saws 1.50
1 lot kitchen ware 4.00
1 trough of lard 50.00
2 1/2 barrels of lard 40.00
340 lbs cake soap 51.00
1 lot soft soap 10.00
1 tough soap fat 20.00
1 barrel rectified whisky 38 gal 28.50
20 gal whiskey 16.50
2 kettles and pot 4.00
100 lbs loaf sugar 16.00
1 Tub and 2 pails .50
1 lot of Dairy ware 2.00
1 lot of candlesticks 1.00
1 lot sundries 1.00
12,000 lbs pork 600.00
1 lot kettles 20.00
1 lot blacksmith tools 25.00
1 carriage 150.00
1 cutting knife 25.00
1 lot of plows 45.00
1 carryall 25.00
11 axes 10.00

Negroes:

Man: Josiah, Seule, Jim, Simon, Phill, Charles, Dick, Jack, Pleasant,
Jerry, Jim, Frank, Henry, Carter, Andrew, Washington, Dave, George,
Boy: Lawney, Stephen, Willis, Nelson, Friday, Harry, Bolivar
Man: Billy, Squire, Jack
Boy: Morris, Glascow, Moses, Jim Duckett
Girl: Milly
Woman: Mariah
Boy: Randal
Woman Harriet, and children, Clarissa and Aggy
Aggy and children, Pat, Polly
Woman and 2 children: B Charlotte
Woman and 2 children: L Charlotte
Girls: Martha and Henrietta
Woman: Eveline
Girl: Bet, Celia
Boy: Alex
Girl: Caroline
Boy: Abram
Girl: Elinor, Ann, Florida, Diana
Boy: Isaac
Girl: Angelina
Old man: Abram
Man: Morris
Old man: Kerbo, Lewis
Old woman: Polly, Rachel, Sally
Woman and 2 infants: Hannah
Boy: Lawney

Total value of property, including slaves: $38,288.00

Appraised by: James W Stewart, James Noel, Albert M Scruggs, John Key,
James Key
Sworn to 11 February 1838

Page 226
Property:

NE part of Fractional Section 29 in T3 R12 containing 158.20 acres,
Granted by the U. S. Febry 6th 1822
South half of Fractional Section 32 in T3 R12 containing 229.20 acres,
Granted by the U.S. at the same time
East half of NE/4 of Fractional Section 31 T3 R12 containing 80 acres
NE part of Fractional Section 32 T3 R12 containing 158.39 acres
West half of NW part of Fractional Section 32 in T3 R12 - 80.32 acres
West half of the SW part of Fractional Section 32 T3 R12 - 80 acres
South East part of Fractional Section 29 T3 R12 - 158.22 acres
Fractional Section 5 in T4 R12 - 36.24 acres
All of the above lands were granted by the US.

The following were granted by the state of Alabama:
West half SW quarter Section 33 T3 R12 - 80 acres
NW/4 S28 T3 R12 - 160 acres
W/2 of SW/4 S21 T3 R12 - 80 acres
E/2 of SE/4 S21 T3 R12 - 80 acres
W/2 of SE/4 S21 T3 R12 - 80 acres
South half of fractional Section 29 T3 R12 containing __ acres
North half of fractional section 29 T3 R12 containing __ acres
W/2 of SW/4 of S28 T3 R12 - 80 acres
E/2 of SW/4 of S28 T3 R12 - 80 acres
W/2 of SE/4 S28 T3 R12 - 80 acres
E/2 SW/4 S21 T3 R12 - 80 acres

Behetheland M Dillahunty, George M Savage, Francis, Matilda, Samuel,
James and Ann Eliza Rucker, children of Frances T Rucker, Samuel Savage
Dillahunty, son of Sarah N Dillahunty. (These were, apparently the
living heirs.)

There is now about 80 negroes, among them some are old and a good many
children. Out of the whole number about 50 are able to labor.

Page 227
Samuel Savage’s Will

In the name of God Amen, I Samuel Savage of the County of Lauderdale and
State of Alabama being of sound mind and memory and knowing the
uncertainty of human life, and the necessity of arranging while I am
blessed with a capacity therefor, do hereby made, ordain and publish
this my last will and testament thereby revoking and annulling all
others by me heretofore made and published.

Item first It is my will and desire that all my just debts be paid by my
Executors hereinafter mentioned as soon as practicable after my death.
Item Second To my dearly beloved wife Ann R Savage I give and bequeath
one negro man named Jonah to be disposed of according to her own desire,
at her death. I also give to her my said beloved wife Ann R Savage, the
choice and right of living upon my homestead plantation upon which I now
reside, during her natural life provided her widowhood continue, to be
taken care of and liberally supported, in the same style and manner as
she has heretofore lived during her coverture, and to have the full and
complete enjoyment of all necessary family comforts, but nevertheless
upon the condition anad express consideration that the provision made
for her in this item shall be accepted by her in lieu of dower or
dividend of my real and personal estate, my executors are especially
charged with the faithful execution of this settlement in favor of my
beloved wife Ann R Savage and are further authorized and directed to
allow to her from time to time out of the proceeds of the crops made on
the homestead plantation or if any monies arising from my estate such
sum or sums as she may necessarily and reasonably require for pocket
money or to provide for her such necessaries and comforts as she has
been accustomed to have and enjoy.

Item third It is my will and intention to give and bequeath the residue
of my estate, both real and personal in the manner and form hereinafter
specified viz, to my dear children Behetheland Dillahunty, William T T
Savage, George M Savage, Samuel G Savage, and John Tacitus Savage, and
to my grand children hereinafter mentioned as follows, To my daughter
Behetheland, I bequeath the property already advanced to her, as her
marriage portion; to my son in law John B Dillahunty I give and bequeath
the personal property heretofore advanced to him, the land which he at
present occupies, being a part of my homestead plantation upon which I
have permitted him to remain as a tenant at will.

In the future and final division of my estate as hereinafter directed
the advances already made to any of them which I have charged in a book
kept by me for the purpose, shall be deducted from the portion of the
child or grand child so advanced. In this book I have charged all the
property I have given to any of my children, at the prices which I
intended they should receive the property so advanced in order that I
might finally make an equal distribution among my children and the issue
of such of them as it has pleased the Almighty Disposer of events to
take from me.

This book is marked A, and will be sealed up and committed to the
custody of my beloved wife, Ann R and shall be taken and received as
evidence o the value of such property as I may have advanced to any of
my children.

Item fourth My tract of land, I wish to remain undivided and my
plantation conducted in the same manner as I have carried it on, untill
the death of my beloved wife Ann R, and I do hereby impower my executors
to do all and every thing necessary for the purpose of keeping up my
plantation by keeping the negroes, stock, tools etc on the plantation,
by employing overseers, buying and selling stock and farming utensils
necessary for the culture of the same and in all things to act for the
prosperity of the plantation affairs, as I have been accustomed to do.

When my younger children arrive at the age of twenty one years, it is my
desire that they be advanced by my executors, by giving them as much
property as I have given my elder children upon their marriage, or
majority, but in making this alotment, I charge my executors to do it
with a special regard to the management of my plantation to the best
advantage.

Item Fifth It is my will and desire that the nett proceeds of my
plantation from the crops after deducting what is necessary for the
support of my beloved wife as directed in the 2nd Item and for the
support, boarding and schooling and clothing of my younger sons (Samuel
and Tacitus) shall be annually divided between my children who are
married or of full age and the amount thus paid over to them shall be
charged to each in accordance with the plan I have pursued and in the
final division of my estate as herein before directed, the younger
children who may not have had the benefits of such dividend are to be
reimbursed their portions, with lawful interest out of the property to
be divided and in the division of such annual proceeds, regard is to be
had to my previous directions.

Item Sixth Should my sons Samuel or Tacitus or both of them conclude to
study professions, I wish my executors to pay the expenses thus
incurred, to be deemed a part of their education, for which my estate
generally is to be made chargeable and not their portions or
distributive shares of the same.

Item Seventh Whereas Samuel James Rucker, Matilda Frances Rucker and Ann
Eliza Rucker, orphan children of my deceased daughter Frances T Rucker
have already become heirs and inheritors of that portion of my estate
advanced to their mother as her marriage portion the same being valued
and charged in my account against her in the book A. It is my will that
the said Samuel James, Matilda, Frances and Ann Eliza Rucker shall stand
in the place of their deceased mother and upon the final division of my
estate shall jointly receive such portion of my real and personal
property as their mother if living would have been entitled to,
deducting that portion already advanced to their deceased mother. But I
make this bequest upon the condition and express consideration that the
same is to be in lieu of any and of all claims or demands they may have,
or be supposed to have against the estate of Charles L Savage decd or
against his securities, as the administrator of the decd father Winston
T Rucker knowing and believing as I do that the estate was fairly
administered by Charles L Savage in his lifetime and since his death his
book, and papers have been by some unknown person so torn and mutilated
that they cannot be understood. In the event of the death of either of
these my grand children, the portion of the deceased is to go to the
survivor or survivors, and should all three die before the final
division of my property their portion is to revert to the bulk of my
estate, to be divided among my surviving children or their heirs. Such
of my slaves as may fall to the portion of Matilda, Frances and Eliza
Ann Rucker, as well as their dividend of my land I give to them during
their natural lives, to have the use and possession of the same while
they live with remainder over to the heirs of their bodies lawfully
begotten in wedlock and in default of such issue the said land and
negroes shall become the joint property of my surviving children or the
survivors of them.

Item Eighth To my grandson Samuel Savage Dillahunty son of my deceased
daughter Sarah Dillahunty I give and bequeath the portion which his
mother if living would have been entitled to upon the final division of
my property deducting what I have already advanced to his mother as her
marriage portion which will appear from my account in book A which
“child portion” of my estate is to descend to said Samuel, upon the
death of my beloved wife, Ann R Savage, provided he shall then be
living, or if he shall die without issue before the final division of my
estate his portion shall be retained by my executors, and divided among
my surviving children or the survivors of them. This bequest is made to
my grand son Samuel Savage Dillahunty upon condition that his father,
John B Dillahunty shall consent to commit to my charge the rearing and
education of my grand son Samuel Savage Dillahunty.

Item Ninth The portion of my estate to which my daughter Behetheland
Dillahunty may be entitled upon the final division of it at the death of
my wife, should my said daughter Behetheland have departed this life,
shall be distributed among her children equally or the survivors of them
share and share alike by my executors in the meantime my daughter
Behetheland shall be entitled to receive from my executors her share of
the annual nett proceeds of the profits of my plantation as directred in
the 5th Item of this my last will and testament.

Item Tenth Should my son William T T Savage (as I have reason to
apprehend) be no longer among the living his portion of my estate,
ascertained by the mode I have prescribed of deducting advances made to
him, shall be divided between the rest of my children and grand children
in the mode already expressed, but should ever my son William T T Savage
appear to claim his equal share of my property he shall be entitled to
it altho it may have been distributed among my other children and grand
children.

Item 11th Upon the death of my dearly beloved wife it is my will and
desire that all my property of every kind and description, both real and
personal then in the hands of my executors shall be equally divided
between my children, that is one seventh of it shall be given to the
children of my daughter Behethaland Dillahunty or the survivors of them
in equal proportions, one seventh to the children of my deceased
daughter Frances T Rucker or the survivors of them upon the condition
and limitations expressed in the Seventh Item of this my will, One
seventh to Samuel Savage Dillahunty as directed in the Eighth Item, One
seventh to my son William T T Savage, One Seventh to my son George M
Savage, One seventh to my son Samuel G Savage, and one seventh to my son
John Tacitus Savage, care being taken by my executors to deduct what has
been already advanced to each of my children as charged in book A before
the dividend is struck, and to make up to Samuel and Tacitus for what
the others may have received from the annual crops as directed in the
5th Item. And for the purpose of giving satisfaction to my children and
grand children, and to prevent all differences it is my will and desire
that my executors nominate three intelligent and disinterested persons,
who shall proceed to lay off and divide to each one of my children and
grand children their distributive share of my estate, under this my
will, according to their best judgement of the value of the property and
being governed by my instructions in relation thereto expressed in this
my last will and testament, and the division thus made between my heirs
shall be binding upon them. I wish no controversy, or laws not to arise
between any of my dear children or grand children.

Item 12th In dividing out the several portions of my estate under my
will, it is my wish to prevent unfriendly feelings amongst my family and
to promote that brotherly affection and dutiful regard which should ever
exist amongst brothers and sisters, parent and children. And for that
purpose, I do most earnestly entreat my dearly beloved children to be
forbearing, kind and affectionate toward each another and dutiful and
obedient to their tender and affectionate step mother obeying and taking
her counsel, executing her wishes, and doing all in their power to
render her old age comfortable and happy, not forgetting that she was
the affectionate wife and companion of their father.
I wish and advise them to be conscientious towards their creator and
just and respectful to their fellow men. It is my ardent wish that my
sons use their best efforts to become useful and ornamental members of
society, an honor and comfort to their aged and affectionate step mother
and the pride and protection of their dear sisters.
And when my dear children shall have received their portions of my
estate I earnestly hope that they will not forget the above as the
advice of a friend and a Father speaking from the grave, where he can no
longer be present to aid them by his counsel, or strengthen them by his
example.

Item 13th Lastly I do hereby nominate and appoint my son George M
Savage, and friend Finch P Scruggs and John Lorance as the acting
Executors of this my last will and Testament, and I nominate and appoint
my friends Hervey Dillahunty, Sidney C Posey and Finch Scruggs Sr. as
advising Executors to my will to counsel with, and advise my acting
Executors whenever they may deem it necessary to the execution of any
part of the same, and the decision of a majority of the above named
consulting Executors shall be decisive and final.

And I do also nominate and appoint my son John Tacitus Savage when he
shall have arrived at the age of twenty one years one of the acting
Executors of this my last will and testament.

In testimony of each and all of the foregoing pages of this my last will
and testament, I have subscribed my own proper signature at the bottom
of each page, and hereunto in like manner this 12th day of May, in the
year of our Lord, 1836.
Samuel Savage

Signed by Samuel Savage in the presence of us who have in the presence
of each other subscribed the foregoing sheets with our own proper
signature, as witnesses to this Will
John Key, Moses Wood, William A Scruggs

December 4, 1837 - Will of Samuel Savage admitted to Probate.
Recorded December 7, 1837 in Will Book A.

Page 231

1838 Amount of Sale Bill of Samuel Savage’s Estate

Among buyers, for books:
J T Savage 1 Vol. American Biography $10.00
J T Savage 1 Walkers Dictionary 3.00
H Dillahunty Clark Commentary 2.75
Ely South 1 Medical Work 1.50
J T Savage History England .37
H Simmons Chitty’s Blackstone .25
E South Algebra .12
J T Savage 7 Vol. Ancient History 4.37
H Dillahunty 5 Vol Malte Brown? Geo. 5.00
W Scruggs Wesley’s Sermons .75
H Dillahunty 2 Vol. Ancient Geo .25
H Dillahunty 2 Vol. History South Carolina .31
Jas Noel Gibson Surveying .25
Jas Noel Virgil .12
Jas Noel Virgil . 12 1/2
Morris Whitmire History Martyrs .50
Jas Noel Horace .12
J B Dillahunty Constitution U.S. .31
S Flint 1 lot books .25
E South 2 books .25
S Flint 1 lot books .43
E South 1 lot books .12
Thomas Nail 1 Medical Work .13
E South 1 lot books .06