Lenoir County, NC - Fordham vs Miller, 1823
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FORDHAM vs MILLER NC Supreme Court Case #1906 Lenoir County
Original found at the NC Archives, Raleigh, NC original spellings
retained.
NOTE: Most Supreme Court Cases are disjointed and often many documents
are not clear. I have tried to arrange this case in as readable form as
possible.
3rd Monday after 4th Mon of March 1823 John Fordham vs Phillip Miller
Daniel Miller was the def and he was the Exr of Phillip Miller, dec
Show why the depositions of Rich. Reynolds, Philpenah Kincey, Silas
Perry and Isaac Brown should not be suppressed without prejudice.
The Bill was brought by the surviving husband who has taken out letters
of Administration on his dec wife for the negro who he says belonged to
her. Judge said the Bill should be dropped.
Answer of Phillip Miller 13 April 1819 - Nancy was 32 and unmarried
and asked for provision for herself and if she should marry and not
have children the possessions would return to her family. Phillip
Miller made the paper writing in 1812 to give her Essex and Jude
during her life. William Miller kept the writing to be taken to Court
only if Phillip died without a Will. Nancy and the negroes went to
live with William until she married. She never had anything but a life
estate in them. Not sure what happened to the deed but it was never
taken to Court. She did plan on giving Essex to her nephew, John
Koontz, if she had no children. Phillip Miller, the father, did not
approve of the marriage. Nancy asked to take Essex home and William
said OK and to take Jude also. Her husband said no without a clear
title. Fordham had children by another wife. Phillip originally
purchased Essex in Norfolk, Va in Jan 1810 of Mathew Hubbard and John
Leslie. He was one of nine that Phillip paid $1480 for. The increase
of Jude are Dorcas, George, Mary, Dennis and Miles
Answer of John Fordham states that 12 years ago, Phillip gave Nancy
Jude and Essex. They were in her possession all this time. He married
Nancy 16 Feb 1817. After the marriage, Phillip took Jude and her
children to his house. Nancy died 13 Sept 1817 and Fordham received
letters of Administration in Jones Co. He asked for Jude and her
increase and he refused (not sure who refused). Also said Philip
purchased Essex with Nancy's money. Claims the negroes belong to Nancy
and now to him as her widower.
DEPOSITIONS
1. Elizabeth Cauley 31 March 1821 heard Nancy Miller say she had
no negroes and her father had the right to take the negroes where he
pleased. On Thurs before Mr. Fordham and Nancy Miller were married,
Nancy said she had no right to the Negroes but Mr. Fordham said the
Negroes were Nancy's but it was Nancy he wanted. signed her name
2. Sarah Davis 31 March 1821 she was well acquainted with Phippena
Kinsey and had lived with the old lady she was a midwife and loved
the bottle. signed with a mark
3. William Isler 31 March 1821 he was acquainted with Richard
Reynolds who was a free Mason Reynolds was intolerant and with drink
he did not believe in Christ
4. Benjamin Harrison 31 March 1821 Richard Reynolds does not
poffess any religion Reynolds was a wicked man and a aethist
Harrison states he was acquainted with Melicia Stanly a wit in this
case known her for 25 years and she is religious and of good
character
5. William Miller 31 March 1821 heard a conversation between Nancy
Miller (now Fordham) and Phillip Miller Phillip offered to give her a
deed of gift for negroes Essex and Jude and her children and she said
she did not want them but offered to take them for her life and then to
her children if she had any or return them to her family her father
agreed to this and there was an instrument of writing. Frederick
Gooding and I witnessed the writing date was about 1812 or 1813 she
gave me the writing to keep for her about 1818 she asked for the
writing and I gave it to her and she gave it to her father, Phillip
Miller. Phillip lost the writing and Nancy never claimed the negroes.
Nancy lived with me and I pd the taxes for the negroes and they were
under my control. William further states relative to the character of
William Dean who had gone to Georgia I visited him in March 1820 and
he was steady drunk and would swear to anything.
6. WILLIAM DEAN, WILEY MILLER and BENJAMIN FORDHAM State of Georgia
8 June 1820 (Wilkerson County) Dean states he lived with Isaac Brown
and Nancy lived with her brother, William. He first met Nancy in 1783.
Don't know if she had a right to the negroes but they were called hers
woman Jude and Essex was a boy Fordham never heard Nancy say the
negroes were lent to her. Said Dean was drunk when he gave his Dep
Miller did hear Nancy say the negroes only hers for her life and then
to her children or back to her family
7. Evan Griffin aged 66 nothing new
8. Francis Gooding aged 31 nothing new
9. Daniel Miller 31 years nothing new
10. Adonijah Perry of Jones Co when Phillip Miller and his daughter
were visiting she said the reason she went to live with her brother was
because her stock was getting too big to keep separate
11. Sollamon Carey of Lenoir Co 10 Oct 1821 said Benjamin Davis
was a wit and was not truthful and drank too much
12. Mary Gooding, Elizabeth Griffin, Winifred Gooding, Betsy Cauley,
Michael Pickle, John Averton, Francis Nunn, Benjamin Harrison, William
Isler, Milicia Stanley, William Miller 30 March 1821 Mary Gooding
55 or 60 years old (indications that she was the widow of Frederick
Gooding but not actually stated) signed with a mark nothing new
Elizabeth Griffin nothing new Winifred Gooding nothing new Milcia
Stanley acquainted with Richard Reynolds and lived at his house
signed with mark
Francis Nunn nothing new
Michael Pickle nothing new
John Overton nothing new signed with a mark
13. Rigdon White Lenoir Co nothing new
14. Joseph Pearce nothing new
Phillip Miller Sr had a son Daniel Nunn Miller and Daniel Miller were
Exr of Phillip Miller who died by 1825
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