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Brooks Exor vs. Brooks Admr. In obedience to an order made in this cause 23 June 1842 your commissioner after giving the parties notice of the time & place did on the 22 day of July 1842 both plaintiff James M. Payne and the defendant Meshack Hicks being present proceeded to ascertain the value of the [articles?] other hires of the slaves & the costs of maintaining Thos Brooks & wife & the monies paid him [illegible] as directed by the order made in this cause as will appear by an account marked A & herewith returned.  In forming an opinion of the estimated value or costs of maintaining Thomas Brooks & wife & the value of the articles left at his death and of the hires of the slaves Albert & Lewey and the time of the death of Mrs. Brooks depended on the affidavits of Will Gray & Geo W. Payne taken before Master Commissioner Woodson & filed in the cause and which was agreed to be taken as evidence by the Plaintiff and defendant, who also agreed upon the 15 May 1838 as the day of the death of Thomas Brooks. And as to the annual value of the use of the articles in the hands of Thos Brooks other than the slaves your commissioner from the things named in the Bill in this cause was of opinion they were worth $2 per annum. The first item in the account was supported by the bond or note of Thomas Brooks filed in the cause by the defendant which your commissioner was of opinion ought to be brought in to the account and the item of $400 by the Deed of 23 May 1825 & the Bill of the Plaintiff. It is understood as a general rule that interest is not to be allowed in framing an account upon estimated & conjectural hires etc. Your commissioner leaving it to the judgment of the court whether this rule shall be applied to the case or not would respectfully state that if no interest be allowed upon these estimated & conjectural sums for hires & maintenance there will be a balance of $1106.39 due to the estate of Fielding Brooks decd of which $257.19 is principal and the remaining $849.20 of this balance is composed of the interest on the two liquidated items of $353.53 due by bond & $400 received at date of the deed on 23 May 1825. Your commissioner has however calculated the interest on the estimated hires, maintenance, etc.  And if the court shall be of opinion that interest ought to be allowed there will be a balance of $108.55 due the estate of Fielding Brooks decd all which is respectfully submitted. At the request of the defendant Hicks who claims [illegible] to the two slaves mentioned in the bill of your commissioner made of an account marked B between the estate of his [illegible] Fielding Brooks decd and the estate of the Plaintiffs Executors Thomas Brooks decd wherein Thomas Brooks is charged with the amount of his note or bond of 24 Decr 1821 with its interest. And with the hires of the two slaves Albert & Lewey up to the year 1829 when Fielding Brooks died and when as appear by Fred. Hicks deposition that Thomas Brooks agreed to take the said slaves during his life for the support of himself and wife. And after Thos Brooks death in 1838 his estate is charged with the hires of said slaves to August 1842. And with the supposed annual value of the articles of property other than the slaves mentioned in the deed of 23 May 1825 while in possession of Thos Brooks and $30 for articles [illegible] Thos Brooks in 1826 7 & 8 as per J. P. Cosbys deposition and with the value of the said articles apparently left at the death of Thos Brooks $15 [illegible] Gray & Paynes affidavit
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Brooks Ex'or vs. Brooks Adm'r. In obedience to an order made in this cause 23 June 1842 your commissioner after giving the parties notice of the time & place did on the 22 day of July 1842 both plaintiff James M. Payne and the defendant Meshack Hicks being present proceeded to ascertain the value of the articles & the hires of the slaves & the costs of maintaining Thos Brooks & wife & the monies paid him &c as directed by the order made in this cause as will appear by an account marked A & herewith returned.  In forming an opinion of the estimated value or costs of maintaining Thomas Brooks & wife & the value of the articles left at his death and of the hires of the slaves Albert & Lewey and the time of the death of Mrs. Brooks depended on the affidavits of Will Gray & Geo W. Payne taken before Master Commissioner Woodson & filed in the cause and which was agreed to be taken as evidence by the Plaintiff and defendant, who also agreed upon the 15 May 1838 as the day of the death of Thomas Brooks. And as to the annual value of the use of the articles in the hands of Thos Brooks other than the slaves your commissioner from the things named in the Bill in this cause was of opinion they were worth $2 per annum. The first item in the account was supported by the bond or note of Thomas Brooks filed in the cause by the defendant which your commissioner was of opinion ought to be brought in to the account and the item of $400 by the Deed of 23 May 1825 & the Bill of the Plaintiff. It is understood as a general rule that interest is not to be allowed in framing an account upon estimated & conjectural hires etc. Your commissioner leaving it to the judgment of the court whether this rule shall be applied to the case or not would respectfully state that if no interest be allowed upon these estimated & conjectural sums for hires & maintenance there will be a balance of $1106.39 due to the estate of Fielding Brooks dec'd of which $257.19 is principal and the remaining $849.20 of this balance is composed of the interest on the two liquidated items of $353.53 due by bond & $400 received at date of the deed on 23 May 1825. Your commissioner has however calculated the interest on the estimated hires, maintenance, etc.  And if the court shall be of opinion that interest ought to be allowed there will be a balance of $108.55 due the estate of Fielding Brooks dec'd all which is respectfully submitted. At the request of the defendant Hicks who claims title to the two slaves mentioned in the bill of your commissioner made of an account marked B between the estate of his intestate Fielding Brooks dec'd and the estate of the Plaintiffs Executors Thomas Brooks dec'd wherein Thomas Brooks is charged with the amount of his note or bond of 24 Dec'r 1821 with its interest. And with the hires of the two slaves Albert & Lewey up to the year 1829 when Fielding Brooks died and when as appears by Fred. Hicks deposition that Thomas Brooks agreed to take the said slaves during his life for the support of himself and wife. And after Thos Brooks death in 1838 his estate is charged with the hires of said slaves to August 1842. And with the supposed annual value of the articles of property other than the slaves mentioned in the deed of 23 May 1825 while in possession of Thos Brooks and $30 for articles furnished Thos Brooks in 1826 7 & 8 as per J. P. Cosbys deposition and with the value of the said articles apparently left at the death of Thos Brooks $15 as per Gray & Paynes affidavit

Latest revision as of 16:20, 22 July 2019

Brooks Ex'or vs. Brooks Adm'r. In obedience to an order made in this cause 23 June 1842 your commissioner after giving the parties notice of the time & place did on the 22 day of July 1842 both plaintiff James M. Payne and the defendant Meshack Hicks being present proceeded to ascertain the value of the articles & the hires of the slaves & the costs of maintaining Thos Brooks & wife & the monies paid him &c as directed by the order made in this cause as will appear by an account marked A & herewith returned. In forming an opinion of the estimated value or costs of maintaining Thomas Brooks & wife & the value of the articles left at his death and of the hires of the slaves Albert & Lewey and the time of the death of Mrs. Brooks depended on the affidavits of Will Gray & Geo W. Payne taken before Master Commissioner Woodson & filed in the cause and which was agreed to be taken as evidence by the Plaintiff and defendant, who also agreed upon the 15 May 1838 as the day of the death of Thomas Brooks. And as to the annual value of the use of the articles in the hands of Thos Brooks other than the slaves your commissioner from the things named in the Bill in this cause was of opinion they were worth $2 per annum. The first item in the account was supported by the bond or note of Thomas Brooks filed in the cause by the defendant which your commissioner was of opinion ought to be brought in to the account and the item of $400 by the Deed of 23 May 1825 & the Bill of the Plaintiff. It is understood as a general rule that interest is not to be allowed in framing an account upon estimated & conjectural hires etc. Your commissioner leaving it to the judgment of the court whether this rule shall be applied to the case or not would respectfully state that if no interest be allowed upon these estimated & conjectural sums for hires & maintenance there will be a balance of $1106.39 due to the estate of Fielding Brooks dec'd of which $257.19 is principal and the remaining $849.20 of this balance is composed of the interest on the two liquidated items of $353.53 due by bond & $400 received at date of the deed on 23 May 1825. Your commissioner has however calculated the interest on the estimated hires, maintenance, etc. And if the court shall be of opinion that interest ought to be allowed there will be a balance of $108.55 due the estate of Fielding Brooks dec'd all which is respectfully submitted. At the request of the defendant Hicks who claims title to the two slaves mentioned in the bill of your commissioner made of an account marked B between the estate of his intestate Fielding Brooks dec'd and the estate of the Plaintiffs Executors Thomas Brooks dec'd wherein Thomas Brooks is charged with the amount of his note or bond of 24 Dec'r 1821 with its interest. And with the hires of the two slaves Albert & Lewey up to the year 1829 when Fielding Brooks died and when as appears by Fred. Hicks deposition that Thomas Brooks agreed to take the said slaves during his life for the support of himself and wife. And after Thos Brooks death in 1838 his estate is charged with the hires of said slaves to August 1842. And with the supposed annual value of the articles of property other than the slaves mentioned in the deed of 23 May 1825 while in possession of Thos Brooks and $30 for articles furnished Thos Brooks in 1826 7 & 8 as per J. P. Cosbys deposition and with the value of the said articles apparently left at the death of Thos Brooks $15 as per Gray & Paynes affidavit