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McCormack, Anderson v. McCormack, Admr. of William, etc.: Chancery Cause, Halifax County (Part 10 of 16)

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proved that she did not belong to the estate of James Canute Dec'd. It is no where proved that Anderson & John McCormack & Showalter's wife had any interest in the estate of Janes Canute Dec'd. But on the contrary it is proved by Joseph Showalter Sam'l Beard & others that And'n McCormack's Grand father Canute died before his birth and Archellus Canute proved that the sale of James Canute's Estate of which Wm McCormack's share was applied in part of the purchase of the negro was of personal property alone, and that the Land was not sold. And of course Wm McCormack having survived his wife was entitled to the personal Estate coming in her right from her father's estate in preference to her children, & moreover Canute proved that he participated in the distribution of it as one of the "legatees". But it is equally clear that William McCormack intended to give to his first wife's children what he had received in right of their mother from Canute's estate and that he promised to give them the negro Matilda if they would pay the balance of her price (after deducting what had been allowed for his shares of Canute's estate) which amounted to about $330 for which he had given his bond with Jn'o McCormack as security. But this was a mere nudam pactum. It is evident that Wm McCormack never intended to part with the right to the slave until this bond of $330 was paid. He was willing for his children to have the use & benefit of the slave so that they held her subordinate to his right, until it was paid. John Tinsley, the Defendants new witness proves that in the fall of 1819 Wm & Jn'o McCormack & Showalter were at his house on their return from Canute's sale with the negro woman. That he understood from them that Wm McCormack had bought her at about $600 and that the interest of his deceased wife (called by this witness "the interest of his three children) in Canute's estate had gone in part pay for the negro, which left a balance of about $330 for which he had given his bond with Jn'o McCormack his scty at 12 mo's. and that they consulted him as to how they were to keep Wm McCormack safe as it was their intition to do it. & Wm McCormack's intention to give them their interest in Canute's estate & 100 acres of his own land. When it was concluded that the old man should hire the negro out to one of the 3 children, and that she was afterwards hired to Jn'o McCormack for the year 1820, he also proved that when the negro went into possession of Showalter's under the first contract, she was pledged by Wm McCormack at the instance of Anderson for the loan of money, and also that A. McCormack said he was to pay the bond to Canute or he would have no right to the negro. Daniel Ferguson proved that in 1824 or 25 an arbitration took place between Showalter's & Wm McCormack in relation to the slave. That Anderson McCormack was a witness in the case. And proved that Wm McCormack agreed to sign certain papers and that the reason why he did so was that his father's title to the slave was better