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Latest revision as of 09:50, 5 August 2021

The seperate answer of Frances N Farrar to a bill of complaint exhibited against him & others in the circuit court of Nelson county by Frances L Farrar & Jas S Farrar This respondent saving and reserving to himself the benefit of all necessary and proper exceptions to the many imperfections of the said Bill for answer thereto or to so much thereof as he is advised it is material for him to answer answering saith that it is true that in the year 1825 Gupsie Slaughter executed two deeds as alledged in the bill conveying to Charles Flood certain slaves the profits of which were to be enjoyed by this respondents mother during her life but he denies that all the slaves conveyed in said deeds are to be divided between all the children of his mother share & share alike after her death He is advised that under the deed first executed (prayed to be taken as a part of this answer marked X & made an exhibit by the complainants bill) he and his brother L H H Farrar together with his mother are entitled to all the negroes conveyed there in. said deed is a deed of gift no consideration from the trustee & all the consideration moving from his mother F L Farrar himself & his brother J H H Farrar they being expressly named in said deed His advised that under this deed himself & his brother are the only remaindermen and he asks the court that this question may be settled the deed above referred to was executed on the 2 March 1825 and as if to leave no doubts about the matter on the 28th of March 1825 the same G Slaughter makes the other deed conveying in trust to Flood for the benefit of F L Farrar during life & to be divided between all the children of said F L Farrar at her death only two of the slaves leaving two others in the former deed unaffected: He therefore asks if the court takes jurisdiction of this case that it will settle the title to these slaves among the remaindermen: He states that the slaves alledged to have been sold are not the slaves or their increase mentioned in the deed of trust to Flood bearing date the 28th March but are a woman & child mentioned in the deed of the 2nd March 1825 and in which this respondent changes that the complainant Jas F Farrar has no interest what ever of any kind This respondent denies that he sold Lizzy at all or had any thing to do with the sale of her until she was carried off to be sold he understands believes and charges that the plaintiff Frances L Farrar & Thos H Farrar sold her for 3 or 400 dollars and that the money was expended in paying debts created by the said Frances L Farrar & the children who live with her This respondent states that he consented after long persuasian to the sale of Jane which was principally made by Thos H Farrar at the sum of $300 believing at the time that it was for the benefit of the cestuis que trust it being understood that the money was to be expended in other slaves more valuable which he & Thos H Farrar accomplished buying two boys Allan & Coleman then young & increasing in value Allan is now dead but Coleman is worth at least $400 and he is willing to take him and pay up the $300 for which Jane was sold. He does not object to the appointment of a new trustee provided one is appointed who will attend to the interests of all the parties or he is willing thus the interest of Frances L Farrar may be commuted to a fee simple interest and the property sold & divided He states that he was the oldest child & until he was 22 years old worked for & mostly supported his mother & this children and so far as he managed the trust estate he applied what little it would yeild to the support of the cestuis que trust This respondent has by hard work & by marriage acquired some little property and he charges that this is an attempt to filch it from him by making him responsible for the acts of an insolent brother even where as he believes