Alvin Peacod, Adm. of Elizabeth Pridgen, Calvin Richardson wife Piety, Calvin Taylor and wife Polly, Bitsy Oneal, Hardy H. Kent, Wison Rentfro and wife Cally, Henry Eatman wife Mourning, William H. High wife Atsey, Archibald Barnes and wife Primoline, Joel Pridgen, Nicholas W. Arrington adm. of Willie Pridgen, Henry Pridgen, Raiford Kent and wife Celia, Alfred Boykin, Adm. of Larkin Pridgen, L.L. Pridgen, Susan Pridgen, Mary Ann Pridgen, Timothy Pridgen, Joel J. Pridgen, Nancy Pridgen and Winny Pridgen.
To the Hororable Judge of the Court of Equity for Nash County. Humbly complaining shew unto your Honor, your Orator, Absolon B. Baines, that in the year 1848, one Hardy Pridgen died intestate in the County of Nash, and letter of administration on his estate was granted by the County Court of said county at February term 1848 to Elizabeth Pridgen, his widow, who took into possession the estate of his intestate and died in the year 1852, without having settled the same. whereupon at November term of the county court of said county, in same year letters of administration de bonis non on the estate of said Hardy Pridgen, were granted to your Orator. That the said Hardy was possessed of a considerable real and personal estate including a nmber of slaves. That your orator took charge of the personal estate and after paying of the debts of his intestate delivered up the slaves for division among the next of kin of his intestate who were as follows: 1. Elizabeth Pridgen his widow of whom the defendant Alvin Peacock is administrator. 2. Piety, a daughter wife of the defendant- Calvin Richardson 3. Polly, a daughter - wife of Calvin Taylor defendant 4. Betsy Oneal daughter (married Stanly Oneal -latter died before the intestate), defendant 5. Sally, daughter, who married Raiford Kent- and died before the intestate leaving an only child Hardy H. Kent-defendant 6. Cally, daughter, wife of Wilson Rentfrow defendant 7. Mourning, daughter, wife of Henry Eatman defendant 8. Atsey daughter wife of William H. High defendant 9. Primoline daughter wife of Archibald Barnes defendant 10. Josiah Pridgen, son, died before intestate leaving children viz: L.L. Pridgen, Susan Pridgen, Mary Ann Pridgen, Timothy Pridgen, Joel J. Pridgen, Nancy Pridgen and Winnie Pridgen defendants. 11 Joel Pridgen, Son, defendant 12. Willie Pridgen, son died intestate, since father,Nicholas W. Arrington administrator, defendant 13.Henry Pridgen, son, defendant 14. Celia, daughtr, wife of Raiford Kent-defendant
Your orator, shews unto your Honor that his intestate, the said Hardy Pridgen, had a son by the name of Larkin, who left the state many years before the death of the said Hardy and supposed to be living at the death of said Hardy,but it is now ascertained beyond doubt that said Larkin died before his father leaving no issue never having been married. That upon the slaves belonging to the estate of his intestate being delivered up for division, a petition was filed at November term 1852 of the County Court of said County to effect--divisions to which the said Larkin was made a party and a share consisting of the slaves Winny and jacob valued at $550. were allotted for him by the commissioners. Their report was duly returned and confirmed. Your orator further shows that the said Willie Pridgen was not made a party to said petition and not have alloted to him a share of said slaves for the reason that it was insisted by the other next of kin of said Hardy, that the said Hardy and the said Willie leaving the state many years since, made an advancement to him and that thereupon the said Willie entered into a bond to his father binding himself not to claim anything more of his fathers estate at his death.
Afterwards to wit in the year 1854, the said Willie came to this state on a visit to look afte his interests in the said estate insisting that the legal effect of the bond executed to his father was not to exclude him altogether from participation in his estate or one of his heirs and next of kin, but at most that he was only bound to account for what he had received as an advancement.
Your Orator further shews unto your Honor that when the slaves were divided the two allotted for Larkin being very young and small and not able to earn anything, and there being no one to take charge of hem, it devolved on your orator as he conceived to have them taken care of, and he accordingly took them and paid the expense of keeping them out of a sum of money in his hands which was received for said Larkin in the settlement with the other next of kin--that your orator continued his charge over said two slaves till the said Willie Pridgen came to the state in the year 1854, when the said Willie demanded a share of his father's estate and expressed his willingness to account for what he had received from his father and take the said two slaves and pay to your Orator the sum of $119.43 in full of all demands as heir and next of kin of said Hardy, and to execute and deliver to your orator a bond to indemnify him in the premises whereupon your orator delivered to the defendant Nicholas W. Arrington paid over to your orator the said sum of $119.43 aforesid and gave him a bond to indemnify your orator against loss. That soon Thereafter one of the slaves died and not long after the said Willie died in the state of Texas--Whereupon at August term 1857 of the County Court of Nash, the defendant, Nicholas w. Arrington took letters of administration on the estate of said Willie, and has since sold the slave remaining in his possession.
That the said Hardy Pridgen died seized and possessing of considerable real estate and at November term 1852 of the County court of Nash a petition was filed for division of such proceedings wee had that the land was divided. the report returned and confirmed and the said Larkin (who was made a party to said petition and to whom a share was allotted) was decreed to pay $72 to other petitioners for equality of division, which amount an or general settle your orator afterwards paid to those entitled out of the share of money from the estate of his intestate set aside for said Larkin. Your orator further shews unto your Honor that as term 1855 of the court of Equity for this County a petition was filed to which the defendants who are heirs at law of said Hardy were made Parties, asking for a sale for division among them of the tract of land set apart as aforesaid for said Larkin, which was decreed and the land has been sold, the sale confrimed, the proceeding your orator is ready to produce when required.
Your orator further shews unto your Honor that when he came o settle with the next of kin of his intestate and pay over the balance of money in his hands the share of said Larkin was reserved by him all parties supposing the said Larkin to be living and that no share was reserved for the said Willie for the reason before given. that there had been some advancements by the said Hardy to some of his other children which were accounted for by them in the settlement; and in the division of the land and negros some of the tenants had to pay sums of money to the others for equality, all of which was settled, that the sum of $55. 43 was decreed to be paid to said Larkin in the division of the Negros which was recived by your orator for said Larkin.
That the share of money retained by your orator for Larkin was $262. 43 that he received in the division of negroes, the sum of $55.45 as aforesid, and from Nicholas W. Arrington agent as aforesaid of Willie the sum of $119.45 making altogether the sum of $437.29 and paid out for eqality of division of lands for said Larkin. the sum of $72 aforesaid leaving a balance in his hands of $365.29 out of which sum of $365.39 he has returned the expenses of keeping said negros til delivered to the defendant- Arrington, Attorney's fees and other expenses. And of the balance he has paid the full shares of the defendants, William H. High in right of his wife, Raiford Kent- in right of his wife, Hardy H. Kent, Joel Pridgen and the children of Josiah Pridgen and retains the balance in hand for distribution according to law which he is anxious to pay over to those entitled.
Your orator further shows that after the several matters aforesaid had taken place the defendant, Alfred Boykin, took from the county Court- of Nash letters of administration on the estate of said Larkin Pridgen and insist that the said Larkin died since his father and that he is entitled to receive from your orator, a share of the personal estate of your orators intestate and that the said Boykin has likewise commensed a suit-at-law- against said Arrington for the possession of the share aforesaid but your orator asserts that -though it was believed for some time that said Larkin was living at his father's death in a distant part of the country and all parties acted in regard to the property upon that belief, it is now admitted by all the defendants except the said Boykin that the said Larkin died before his father, leavin no issue and if such be the case your orator is advised that the sum of money in his hands belongs and should be decreed to be paid over to the next of kin of the said Hardy Pridgen, the intestate of your orator and your orator believes that the settlement made with the agen of said Willie was just and proper and that the said Willie did not receive more than his proper proportion in the two slaves aforesaid (less the sum of $119.43 paid by Arrington as his agent as aforesaid) of the property of his father after deducting all advancement to said Willie and your orator herewith files a copy of the bond executed and delivered by said Willie to his father bearing date the 19the Dec. 18 22` the original being ready to be produced when required and the proceedings upon petitions for division of land and negros as aforesaid will appear from the records of Nash County Court and your orator herewith files a copy of the bond executed by said Willie through his attorney to your orator and delivering to him of the two slaves aforesid, to which the defendant Nicholas W. Arrinton in surety, and will produce the original when required.
Your orator is desirous of having the several`matters aforesaid adjudicated and settled, that he may pay over to those entitled the balance of money in his hands and that the several defendants may litigate any and all disputed matters among themselves.
Wherefore and for as much as your orator is without adequate remedy in the premises save in this Honorable Court where matters of this nature are properly cognizable and relievable: to the end therefore that the said Alvin Peacock, Calvin Richardon and wife Piety, Calvin Taylor and wife Polly, Betsy Oneal, Hardy H. Kent, Wilson Renfrow and wife Cally, Henry Eatman and wife Mourning, William H. High and wife Atsey, Archibald Barnes and wife Primoline, Joel Pridgen, Nicholas W. Arrington, Henry Pridgen, Raiford Kent and wife Celia, Alfred Boykin, LL Pridgen, Susan Pridgen, Mary Ann Pridgen, Timothy Pridgen, Joel J. Pridgen, Nancy Pridgen and Winnie Pridgen may upon their composed oaths futher diredt and perfect answers make to all and singular the matters aforesaid as fully as if the same were repeated and they distinctly interrogated thereto : That a decree may be made describing to whom and in what proportions your orator shall pay over the money aforesaid and that your orator may have such other and futher relief in the premises as the nature and circumstances of this case may require and to your Honor shall seem meet:
May it please your Honor to cause the States visits of subpoena to issue to the said Alvin Peacock, Calvin Richardson and wife Piety, Calvin Taylor and wife Polly, Betsey Oneal, Hardy H. Kent, Wilson Rentfrow and wife Cally, Henry Eatman and wife Mourning, William H. High and wife Atsey, Archibald Barnes and wife Primoline, Joel Pridgen, N W Arrington, Henry Pridgen, Raiford Kent and wife Celia, Alfred Boykin, L L Pridgen, Susan Pridgen, Mary Ann Pridgen, Timothy Pridgen, Joel j. Pridgen, Nancy Pridgen and Winney Pridgen commandnd them to appear before your Honor in this Hororable court at the next term thereof to be held at Nashville on the 3rd Monday of September 1859, then and there to answer the premises __ and your orator will ever pray Wm. Dortch Sol for complainant