Nov term 1841

# 674

Dismissed

Sir

You are hereby requested to take notice that
we will apply to the Honorable Judge of the St. Louis
Circuit Court , on Satuarday next (9th inst) at the
Court House, in the city of St Louis for an injunction
to stay the sale, of the slaves, late of
Milton Duty deceased, which you as adminis-
trator of said deceased have advertized to be
sold on Tuesday the 12th inst. in pursuance of
an order of the Probate Court of S Louis County .

Preston, Braxton, Mary

Risque others
by & King
this attys

To Geo. W. Cook. Admr
of
Milton Duty, decd.
S. Louis Oct 7. 1841.

Served this notice in the County
of St. Louis on the 7th day of October 1841.
by delivering a true copy thereof to George
W. Coons

Marshall Brotherton Shff
By Harry B Belt Depty Service 50 cts.
by Risque & King

Geo. W. Coons
7 Oct.

You are hereby required to take notice that we will apply
to the Honorable Bryan Mullanphy , Judge of St Louis
Circuit Court , on Monday next (11th inst) at the Court
House in the City of St Louis , at the meeting of the Court
in the forenoon, or as soon thenafter as Counsel can be
heard, for an injunction to stay the sale of , Nathaniel
, , , Samuel , Harry , Harrison, Henderson,
Jackson , Howard , Caroline and her child, Luey, Lydia ,
and her two infact children, and her infant child, Nelly ,
Malinda and her three infant children, Eliza and Mary , late
slaves of Milton Duty, deceased, which George W . Coons , Ad-,
ministrator, cum testaments annex, of said deceased has advertized
to be sold on Sunday, the 12th day of October inst,
in pursuance of an order of the Probate Court of St Louis;
County-

Preston, Braxton, Mary et al
by Risque& King their
attorneys
St Louis Oct. 9. 1841
To Geo W. Coons , Admr of Milton Duty dec.
David Coons
John & William Henderson
Henry Von Phul & Theodore McGill
E B Snidler
Robert Street
M W Swing
Joseph L Craft
English
F.
John M
David Gentry
Jesse Jones
James A Shirley
Henry Chouteau
Louis A Benoist
xPresident & Director of the Planters Bank of Mississippi-
Robert Strong
Haywood Boyette
James V Prather
Joseph Templeton
Ferdinand Punkard & Jacob U Payne

We do hereby acknowledge service of the within notice
We do hereby acknowledge to have served a copy of the within notice this day;
9 October 1841
St Louis

Darby & I Enox attorneys
for John & William Henderson, & for L A
Benoise The Planter's Bank of Mississeppi &
&for Joesph Templeton &
Jacob U. PayneWe accept notice Hudson &
Attys for Robert Strong
J V Prather
We acknowledge service of the within
&
by J. W. Risque their
atts in fact

Notice of application for

Injunctions

Served this notice in the County of St Louis on
the 9th Oct. 1841 by delivering a true copy of
the same to Mr Coons a white member
of David Coons' family over the age of fifteen
years at his usual place of abode

M Brotherton Shff By
W.S.McKnight Depty
Fee. 50 C

To the Honorable Bryan Mullanphy Judge of the Circuit Court of St Louis County sitting as a court of Chancery:

Humbly complaining sheweth unto your Honor, your orators
and oratrices, Preston, Braxton, Mary , Nat , Beverly, Jesse , Jordan
Madison , Malinda , , Clarissa , Caroline , Jackson and Mary
infants under the age of twenty one years, who sue by Braxton their
father and next friend, Howard and James infants who sue by Malinda
their mother and next friend, Lowis and Margaret minors
who sue by their mother and next friend, Ann Eliza and Beverly
minors who sue by Clarissa their mother and next friend, duly
Ellen a minor who sues by Caroline her mother and next friend,
Nelly , Lucy , Lydia , and Harrison , Henderson and Harry minors
who sue by Preston their next friend, That they, being the slaves
of a certain Milton Duty of warren county and State of Mississippi ,,
were some time in the month of March 1837 removed by said Duty
from that State, to the city of St Louis and State of Missouri , where
he hired out such of your orators and oratrices as were in a situation
to be hired (and from time to time their hire which was very
considerable) and continued to reside, until the day of August
1838 when he departed this life. Your orators and oratrices further represent
that on the 26th day of October 1836 the said Duty made and
published his last will and testament which was proven before the
court of warren county in the state of Mississippi on the 26th
day of November 1838 and admitted to record. That John J . Guion and
David D . Gibson the executors named in said will having within refused
or neglectrd to qualify as such, at the January term of said court
in the year 1839 Henry Fernandis was appointed administrator
and qualified as such according to law, all which will more fully
appear by reference to an authenticated copy of said will herewith
exhibited marked (A) and prayed to be taken and considered as
part of this Bill. That by reference to said will your Honor will
perceive that, 1st all the personal estate of their testator
that the afterwards otherwise disposed of, should be approx
to the payment of his debts. 2nd that if such estate was found
sufficient for that purpose, then certain slaves therein named
to be sold to pay off the remainder, (the slaves have referred to and
some others were sold by their testator before he removed from the
State of Mississippi .) 3rd that all of your orators and oratrices
not otherwise disposed of and belonging to him on the day of his
death should be free and manumitted and sent to the State of
Missouri . This last clause was carried into effect by the testator
himself, as herein before stated. The only specific legacies made
by said will are 1st the sum of five hundred dollars to a certain
Joel L. Anderson hereinafter prayed to the made a defendent to this
bill, 2nd a gold watch and chain, together with the moving
of this testator on hand at the time of his death to your orator
Preston ,, 3rd all the remainder of his personal estate to be distrubuted
as follows to wit: 1st one thousand dollars to your oratrice
Mary , 2nd the remainder if any to be equally divided between
your orators Preston and Braxton . Your orators and oratrices

further represent that some short time after this testator arrived in
St Louis he became acquainted with a certain David Coons (hereinafter
prayed to be made a defendant to this bill) and made him
his financial agent, paid into his hand all money arriving from
the hires of your orators and oratrices as he received it, as also money
from other sources, only retaining as much as was necessary for
the payment of his ordinary expenses, which were inconsiderable.
The only occasion on which he had any use for
money otherwise than as aforesaid, was while he was engaged
in the pork himself, when he sometimes drew upon the said
David Coons , for money to pay off such purchases, and
changes, until he became indebted to said David Coons in the sum of between three and four thousand dollars for which or the
greater part thereof he to the said David his notes or
due bills, with the understanding that they were to be paid off
out of the proceeds of his pork sent down the river to be sold.

That the said Duty attended to the sales of his pork in person
in the south and received the money arising therefrom principally
in notes of the banks of the state of Mississippi , with
which some time in the mouth of 1837 he returned to
St. Louis and immediately thereafter paid the said Mississippi
money amounting to three thousand dollars or upwards to the
said David Coons at a discount of about 15 per cent, which
will more fully appear by reference to the affidavit of Samuel
(one of the witnesses to said will) herewith exhibited
marked (B) and prayed to be taken and considered as part
of this bill, which payments, together with the hires of your orators
and oratrices and other money afterwards secured and deposited
in the hands of the said David Coons , must have extinguished
all the claims of said Coons for money advanced on account
of pork as aforeaid and probably left a considerable
sum due to this testator at the time of his death. Whether the
said Duty took up his notes at the time he paid the Mississipppi
money as aforesaid or took any receipt for the same or for any
money deposited as aforesaid, your orators and oratrices are
for was our hereinafter stated unable to say. They believe and
therefore charge that he did and that the receipts given
by the said David Coons for money deposited with him by
the said Duty were destroyed or and the notes made
use of again in the hands of the said David Coons to establish
claims against the estate of the said Duty after his
death, in the manner following to wit: on the night the said
Duty did and but a short time after he had ceased to breathe
while some of the loaning funds of the deceased and some of
your orators and oratrices were preparing the corpse for being
shrouded a certain George W. Coons , (hereinafter prayed to be made
a defendant to this bill) with a certain Hugh Gallagher, (the
first the son and both in the employment of the said David Coons )
came into the room where the corpse was lying and without
inquiring further than to ascertain that the said Duty was
certainly dead, the said George W. Coons ordered one of your
orators Preston to bring him the trunk containing the papers
and money of the said Duty, which was done, and the said
George W. Coons commenced a hurried search and reading of
the papers and during said examination of them and in
the presence of the said Gallagher, George Galloway (then a minor
and nephew of the said Duty and now residing in the state of
Mississippi ) James Adams , your orator Preston and several
of your orators and oratrices, he the said George W. Coons
tore up and distroyed a number of said papers and took
away others with him. on this being noticed by the said James
Adams one of the friends of the deceased, who has been
in preparing the body for shrouding,, the said George
W. Coons received from him an indignant against such illegal conduct, to which the said Geo : W. Coons
replied that he could not help it, all which will more
fully appear by reference to the affidavits of James Adams
and Thomas G. Follis herewith exhibited marked C and D
and prayed to be taken and considered as park of this bill.

Having this (before any one else could examine or see
the papers of thin testator, prepared the way to commit
an extension found upon the said estate (in continuation
with and for the benefit of his father the said David Coons )
the said George W. Coons immediately thereafter took out letters
of administration on the estate of the said Milton
Duty deceased and among the first claims brought forward
and allowed by the county court of St. Louis County
were those of his father the said David Coons to the amount
of $ 3683.68 1/2. Your orators and oratrices believe
and therefore charge that the pretended claims of the said David
Coons against the estate of this testator are wholly
inequitous and unjust and were cancelled and paid off by the said Duty in his life

time and are now brought forward and supported on papers
illegally obtained in the manner aforesaid. As to the justice
of the other claims against the estate of this testator
allowed by the court aforesaid they know nothing; but require
proof of their validity. Your orators and oratrices believe
and therefore charge that the said George W. Coons and the
said David Coons knew at the time the said letters of administration
were taken out, that the will of the said Milton
Duty was in existence and that by virtue of the same
they were entitled to their freedom; notwithstanding which
the said George W. Coons obtained an order from the county
court aforesaid to sell your orators and oratrices as slaves
for life, which order was set aside by the court aforesaid
on the 24th of June 1839 upon the production of a duly authenticated
copy of the will aforesaid from the Probate court
of Warren County in the state of Mississippi , at which time
the said will was admitted to record by the county court of St.
Louis County and letters of administration so being now
with the will annexed to the said George W. Coons
who was then ordered to hire out your orators and oratrices.

The whole amount of the claims (as they are informed) allowed
by the county court of St. Louis county against the estate of
this testator including the fraudulent claims of the said
David Coons amounts to the sum of $7193.66, and
exclusive of the same to the sum of $3509.97 1/2; if to
the former amount we add the sum of $1440.77 the amount
of the judgment recently recovered by the Planters Bank of
Mississippi against the estate of this testator in the count
of common pleas for St. Louis county, the total amount allowed
together with this judgment will be the sum of $8634.43.

There are other claims which they are informed are about
to be for allowance against the estate of this
testator which amount to the sum of $1877. of which
sum a certain Robert Strong claims $1300 the amount of
a final bond purporting to be executed by this testator and
a certain Johnson Allen on the 12th January 1838 conditioned
that the said Duty would deliver to the said Strong a
negro man between the age of 18 and 25 and sound in body
and mind on the 1st of Nov: 1839 in Louisiana opposite
, and also the sum of $90 the amount of a note purporting
to be executed by this testator to the said Strong dated
on the 12th January 1838 conditions
that the said Duty would deliver to the said Strong a likely
man between the age of 18 and 25 and sound in body
and mind on the 1st Nov. 1839.

The whole of the claims court above referred to, including the
judgment of the Planters Bank of Mississippi they believe
to be unjust, and therefore require proof of this validity.
Your orators and oratrices further represent that
by the settlement of the said George W. Coons administrator
as aforesaid before the Probate court of the county of
St. Louis at its September Term 1841, and his settlements
at the June Term 1839 and the September Term 1840 of the
county court, he gave to the estate of this testator
for the following sums to wit: cash on hand at the death
of this testator $94.18, sales of personal property $417.95, proceeds
of the hires of your orators and oratrices from august
1838 till august 1841 $7223.89.

You orators and oratrices further
represent that in the inventory filed by the said George W. Coons
administrator as aforesaid he has pain the estate of this testator
and it for the sum of $7410.85 the amount notes due
this testator in Mississippi and which came to the hands of the said Coons
administrator. Your Orators and Oratrices believe and therefore
charge that the greater part of this sum, if not the
whole could have been and night now be collected if any efforts
were made to do so; but they believe and therefore
charge that the said administrator has done nothing towards
their collection and will do nothing unless compelled to do so.

Your orators and oratrices are informed and believe
that their said testator left some personal property in
the state of Mississippi , which came into the hands of
the said Henry Fernandis administrator as aforesaid
but to what amount they cannot tell, as the said Fernandis
has departed this life without as they are
aware of having made any settlement of his administration
account. Admitting the judgment, the claims
allowed, and those about to be presented for allowance
to be just, (which is by no means the case) after
the hires of your orators and oratrices, cash on hand
at death of testator and sales of personal estates, there
will be a balance of $2775.41, against the estate
of this testator. But if the amount of notes in hands
of administrator could have been collected and might now,
he is properly chargeable with the amount, and if the debt
of the said David Coons was fully paid off in the life time
of the testator as is believed the balance in favour of the estate
of this testator will be about $8.319.12 1/2.

Notwithstanding, (according to the next aspect of the
case) the balance is only $2775.41, and could be paid
off in a short time by the hire of your orators and
oratrices, the said George W . Coons administrator as
aforesaid has obtained an order from the Probate
court of St. Louis county to sell all of your orators
and oratrices, except, Preston, Braxton and Mary
as slaves for life, on tuesday next the 12th of
October Instant, which will more fully appear by
reference to a certified copy of said order and the
advertiement of sale here present marked E
and F and prayed to be taken and considered a part of
this bill. They are advised and therefore insist that all
the assets arising from the notes in the hands of the adminis
trator or his inventory and the personal property in the state of Mississippi
and elsewhere,, should all be exhausted before your orators
and oratrices can be sold or their services legally
required for the purpose of paying off the debts of this
testator. All which actings and doings are contrary to equity
and good conscience and tend to the manifestinjury and
oppression of your orators and oratrices: In tender conideration
whereof and for as much as your orators
and oratrices are at and can only
be in a court of equity where such matters
are properly and precisely organizable to the end
therefore that justice may be done and their rights
in the premises be protected they pray that the said
George W . Coons administrator of Milton Duty deceased,
the legal representation of Henry Fernandis, deceased
late administrator of Milton Duty deceased in this
state of Mississippi , when his name is as certained, Joel
L. Anderson one of the under the will of the
said Milton Duty said - David Coons ,, James Walton
Henry Von Phul, and L. McGill &. Mc Gill under the name and
style of Von Phul & Mc Gill, E. B. , Robert
Strut, M. W. , J L. Craft, English
, John . , David Gentry , John Jones
James A . Shirley Henry Choutreau surviving partner of
& Choutreau, James B . Prather, Louis A,
, the President Directors and Company of
the Planters Bank of Mississippi;, Robert Strong,
Haywood Boyette,, John and William Henderson under
name and style of John Henderson Co and

auditors whose
names are unknown to your orators and oratrices, when
discerned may be made defendants to this their bill
of complaint and compelled on oath to answer the

allegations of the same as particularly as if they were again
repeated and they seperately and specially thento interrogated
and the whole truth of their knowledge set forth and
discover touching the premises. That the premises considered
your Honor may award to your orators and oratrices
the suit of injunctin incited to the said George W .
Coons administrator as aforesaid to enjoin and restrain him, his agents, and attorneys
from enforcing your orators and oratrices to sale on tuesday
the 12th Inst: to the order of the Probate Court
of the county of St. Louis . That your orators and oratrices
be permitted to institute and prosecute this their suit in
chancery in forma pauperis and that they be exempt
from security and discharged from executing an injunction
bond. That Counsel be assigned them to prosecute
this suit, and your orators Preston & Braxton be
permitted to attend counsel and the court and to collect
testimony as the same may be deemed necessary.
That the sheriff or marshall of St. Louis County be directed
to take possession of your orators and oratrices immediately
and hire them out pending this suit. That
by a final decision of this Honorable Court they may have
awarded to them their personal freedom according to the
provisions of the will of their testator Milton Duty deceased
and such portion of his personal estate as they
or either of them may be entitled to under said
will. That the legal representation of Henry Fernandis
did discribe and set forth what money or other
property he has in his possession or under his control
belonging to the estate of their testator in the state of
Mississippi or elsewhere and the value and amount
thereof. That the said David Coons be compelled to
appear before a special commissioner appointed by
this court for purpose and to produce his books containing
all of the original of the accounts between
himself and the said Milton Duty in his life
time and to bring forward and exhibit to said commissioner
and this Honorable court all of the original
vouchers on which his claims against said estate
were allowed by the county court aforesaid and
the said commissioner be instructed to make up state and
settle the accounts between the said George W. Coons adr: and
the said David Coons upon legal vouchers only, without
regard to any settlement heretofore made before
the county or Probate court aforesaid. That the said
George W. Coons also be compelled to settle his administration
account before a special commission appointed
for that purpose. That by a final decree of
this Honorable court his letters of administration
be and be compelled to pay over whatever
money he may have in his hand belonging to the
estate of the said Milton Duty decd- - That all
persons having or pretending to have claims against
the estate of the said Milton Duty deceased who
are made parties to this bill or who may hereafter
become parties may be compelled to state distinctly
and timely how and to what amount
the said Duly became indebted to them or either
of them. That the said John and William Henderson
state how the said Duty became indebted to them, and
whether they have paid off the amount of the notes
to the said Duty in his life or to any one since his death
authorized to the same and finally may
this Honorable court to
other and further in the premises as may
be consistent with the principles of equity and
such as the of the case

may require and your orators and oratrices
as in duty bound will ever pray &C

Preston, Braxton
Mary & others
byW. Risque
their solicitor.

State of Missouri
St Louis County S.S.

This day Preston one of
the complainants in the foregoing Bill of complaint
personally appeared before the under
signed a justice of the peace in and for the
county of St aforesaid and made oath that the
facts set forth in the foregoing bill of complaint so
far as the same comes within his knowledge are
true and those coming from the information of
others he believes to he true.

Subscribed and sworn to
before me this 9th day
of October A. D. 1841.
Preston his Xmark
Alfonso Wetmore
Justice of the Peace

No 674
St. Louis Circuit Court in chy
November Term 1841.

Bill.

Injunction to
injoin selling negros

to be required

Bryan Mullanphy
11th Sep. 1841

Complainants
May sue as poor
person
Risque & A King us is sole

Filed 12th Oct 1841
Jn Ruland Clk

County of St. Louis Sct.
The State of Missouri

To George W. Coons administrator of
the estate of Milton Duty decd.,, your agents and attorneys
and to the sheriff of the County of St. Louis Greeting;
Whereas it has been represented to our Honorable Judge
of the Circuit Court for St. Louis County sitting as a
Court of chancery, on behalf of preston, Braxton , Mary ,
Nat , Beverly, Jesse , Jordan , Madison , Malinda , Leany, Clarissa ,
Carolina , Jackson and Mary infants under the
age of twenty one years who sue by Braxton their father
and next friend, Howard and James infants who sue by
Malinda their mother and next friend, Lewis and Margaret , minors who sue by Seany their mother and next
friend, Ann Eliza and Beverly minors who sue by Clarissa
their mother and next friend, Lucy Ellen a minor
who sues by Caroline her mother and next friend, Nelly ,
Lucy , Lydia and Harrison , Henderson and Harry minors
who sue by Preston their next friend - that they being the
slaves of one Milton Duty of Warren County , Mississippi ,
were in March 1837 removed by him from Mississippi
to the City of St. Louis Missouri where he hired out
such of them as were in a condition to be hired out, and
continued to reside, until the day of August 1838, when
he died; that on the 26th day of October 1836 said Duty
made & published his last will and testament which
was proved before the Probate Court of Warren County Mississippi
on the 26th November 1838 and admitted to record
that John J Guion & David D Gibson that executors named
in said will having refused or neglected to qualify
as such, at the January term of said Court 1839 Henry
Fernandis was appointed administrator and qualified as such according to law; that by reference to said will
it will be perceived that 1st all the personal estate of
their testator except that therein affterwards otherwise disposed
of should be appropriated to the payment of his debto
2rd. That if such estate was found insufficient for that
, then certain slaves therein named were to be old
to pay off the remainder (the slaves here referred to and
some others were sold by then testator before he removed
from the State of Mississippi ) 3d. That all of said
orators and oratrices not otherwise disposed of and belonging
to him on the day of his death should be free and
and sent to missouri. This last clause was
carried into effect by the testator himself as herein before
stated. The only specific made by aid will are
1st The sum of $500 to a certain anderson - 2d.
a gold watch and chair and the apparel of
said Duty on hand at the time of his death to the said
Preston - 3d. all the remainder of his personal estate to
he distributed as follows. 1 $ 1000 to the above named
May 2d. The remainder if any to be equally divided
between said Peston and Braxtn; that a short time
after said Duty arrived in St. Louis has became
with a certain David Coons and made him his financial
agent, paid into his hands all money arising
from the of the said orators and oratrices as he
received it also money from other sources, only retaining
a much as was nec essary for the payment of
his ordinary expences which were inconiderable; that
he engaged in the pork business, he sometimes
dress upon said David Coons for money until
became to said Corn in between $3000 and $4000
for which, or the greater part thereof, he executed to
David his notes or due bills, with the understanding

that they were to be paid off out of the proceeds of his
pork sent down the river to be sold; that in 1837 he
paid sum some Mississippi notes amounting to $ 3000 or
upward to said David Coons at a discount of about
15 per cent which payment with the hires of said
orators and oratrices and other monies afterwards received
and deposited in the hands of said David Coons must
have extinguished all the claims of said Coons for money
advanced on account of pork as aforesaid, and probably left
a considerable sum due to said Duty at the time of
his death; that they believe and charge that the said
Duty took up his notes at the time he paid said
Mississippi money, and that the receipts given by said
David Coons for money deposited with him by said
Duty were destroyed or suppressed, and the notes made
use of again in the hands of said David Coons to
establish large claims against the estate of said
Duty after his death; that the said George W Coons
immediately after the death of said Milton Duty took
out letters of administration on the estate of said Duty
and among the first claims brought forward and allowed
by the County were those of
your father said David Coons to the amount of
$3683:681/2; that they believe and charge that the
pretended claims of said David Coons against said
Duty's estate are wholly iniquitous & unjust & were
cancelled & paid by said Duty in his life time; that
you said George W Coons and the said David Coons
knew at the time said letters of administration were
taken out that the will of said Duty was in existence
and that by virtue of the same they were entitled
to their freedom, notwithstanding which you said George W Coons obtained an order from the County Court aforesaid
to sell said orators and oratrices as slaves for life
which order was set aside by said Count on the 24th June
1839 upon the production of a duly authenticated copy
of the will aforesaid from the Probate Court of
Warren County Mississippi at which time said will
was admitted to record by the County
County and letters of administration de bonis non with
the will annexed granted to you said G. W Coons who
was then ordered to hire out said orators & oratrices;
that the whole amount of the claims (as they are
informed) allowed by said County Court against said Duty's
estate, including the fraudulent claims of said
David Coons amounts to the sum of $7193:66 and exclusive
of the same to the sum of $3509:97 1/2 - If the
amount of a judgment recently recovered by the Planters
Bank of Mississippi against said Duty's estate $1440:77
be added to the former sum, the total amount allowed
together with said judgment will be $8634:43 - That there
are other claims which they are informed are about to be presented
for allowance against said Duty's estate which
amount to the sum of $1877; that the whole of the
claims last above referred to, including the said judgment
of the said Planters Bank they beleive to be unjust;
that by the settlement of you the said George W .
Coons adm. as aforesaid before the Probate Court of St.
Louis County at the September Term 1841 and your
settlements at the June term 1839 and the September
term 1840 of the County Court , you gave credit to the
estate of said Duty for the following sums to wit -
Cash on hand at the death of said Duty $ 94:18
Sales of personal property $ 417:95 proceeds of the hire
of said orators and oratrices from August 1838 till
August 1841 $7223:89.

that in the inventory filed by you said Geo. W. Coons admn. as
aforesaid, you have given the estate of said Duty credit
for the sum of $7410:85 the amount of notes due by
said Duty in Mississippi , which came to the hands
of you said Coons admn.; that the greater part of said
sum if not the whole could have been and might be
now collected if any efforts were made; that you the
said admn. have done nothing towards their collection,
and will do nothing unless compelled to do so; admitting
the judgment, the claims allowed, and those about to be
presented for allowance to be first (which is by no
means the case) after deducting the hires of said orators
and oratrices, cash on hand at the death of
said Duty and sales of personal estate, there will
be a balance of $2775:41 against said estate, but
if the amount of notes in hands of admn. could have been
collected and might now, you are properly chargeable
with the amount, and if the debt of said D Coons was
fully paid off in the lifetime of said Duty as is believed,
the balance in favor of this testator will be
about $8319:12 1/2; that notwithstanding the balance is
only $2775:41 and could be paid off in a short time
by the hire of said orators and oratrices, you said Geo .
W Coons admn. as aforesaid have obtained an order
from the Probate Court of St. Louis County to sell all
of said orators and oratrices except preston, Braxton
and Mary as slaves for life on the 12th October inst;
that they are advised and therefore insist that all
the assets arising from the notes in the hands of
said admn. as her inventory & the personal property
should all be exhuasted before they can be sold
and whereas it was prayed that a writ of injunction may
be issued directed to you said George W Coons administrator
as aforesaid, enjoining you, your agents and
attorneys from exposing them to sale on Tuesday the
12th Instant ageeably to the order of the said Probate
Court - and whereas upon inspection and examination
of the said bill of complaint of them the afore named
orators and oratrices by our said judge sitting as a Court of
Chancery, it was ordered that a writ of injunction
issue according to the prayer thereof - You the said
George W Coons administrator of the estate of Milton
Duty decd. as aforesaid, your agents and attorneys are
therefore strictly enjoined and commanded to refrain
from exposing to sale the above named persons, orators
and oratrices as aforesaid, on Tuesday the 12th Instant
agreeably to the order of the Probate Court as aforesaid
until the further order of our said Judge sitting as a
Court of Chancery to the contrary thereof, and how
you the said sheriff shall execute this writ make
returns to our said Court on the first day of the next
term thereof to be begin and held at the City of
St. Louis in the County of St. Louis on the third
Monday of November next.

Witness John Ruland Clerk of our
said Court with the seal thereof
hereto affixed at office in the City
of St. Louis this twelfth day of
October eighteen hundred and forty
one.
Jn. Ruland Clk

Executed this writ in the county of St. Louis on
the 15th day of October 1841, by reading it to
George W. Coons

Marshall Brotherton Shff.
Service $ 1.00

The State Of Missouri ,
County of St. Louis , ss.
To the Sheriff of St. Louis County-Greeting:

We command you to summon George W Coons administrator of
Milton Duty decd., Joel L Anderson, David Coons , James Walton
Henry VonPhul, Theodore S McGill, E B Sniedler, Robert
Street, M W Swing, I E Craft, E English,
F. Sweeny, John M Glenn, David Gentry , Jesse Jones ,
James A Shirley Chouteau , James V Prather ,,
Louis A Benoist , the President Director and Company of the
Planters Bank of Mississippi, Robert Strong, Haywood Boyette,
John and William Henderson that they be and appear
before the Judge of our Circuit Court , sitting as a Court of Chancers on the first day of the next term thereof, to be
held at the City of St. Louis , within and for the county of St. Louis , on the third Monday
of November next, then and there to answer unto the bill of complaint
of Preston, Braxton, Mary , Nat , Beverly, Jesse , , Madison ,
Malinda , Seany, Clarissa , Caroline , Jackson and Mary infants
by Braxton their next friend, Howard and James infant , Lewis
and Margaret minors Ann Eliza & Beverly minors Lucy Ellen
minor, Nelly

And have you
Witness, John Ruland ,
with the seal thereof hereto
city of St. Louis , this 12
October in the year
hundred and forty one.
John Ruland

I acknowledge myself bound for ay accrue in the above cause.

Witness my hand and seal, at day of 184

to ans cntd 2 p 255 of a filed
2 p227order ofp 238.
2 p 254
Book 2 pages 283 to &
to to 2 p299
been 2 p3142 p325
is certify of
suit of
a filed to unto copy of he
till time given to file in the 2.6
2 week time

no 674
St. Louis Circuit Court in
ChanceryNovember T. 1841.

Joel L Anderson, David Coons , James
Walton , H. Von Phul, T. L. McGill
E B Sniedler Robert Street Nov 3 M W
L Craft E English F. Sweeney
M Glenn C Jesse Jones

of the St
if Strong
John

for complains
Filed 12th October 1841
Jn Ruland Clk

writ in the County of
to read it and the Bill hereto
George W Coons on the 15th day of
1841. and to Henry Von PhulTheodore
Henry Chouteau James V Prather
Louis A Benoist on the 26th day of ber 1841 and to Robert Street and
English on the 3rd of November and Watson on the 12th November 1841
which they all to hear
Joel Anderson David Coons E B
M. W , J. S Craft F.
John M D. Gentry
James a the
of the Bank
of Mississippi. Robert Strong, H John
& William the other defendant
in my County-

Marshall Brotherton Shf.

Affidavit of Sam Fernandis
(B)

State of Missouri
St. Louis County
to wit

Samuel Farnandis of lawful age this day personally
appeared before me a Justice of the Peace for said County and made oath
that this affiant was for the greatest part of his life well acquainted with
Milton Duty formerly of the State of Mississippi and for the last three years
previously to his death was almost constantly with him travelling through the
country engaged in the same kind of business and was often called on by him
to transact his business for him untill his affairs became almost as familiarly
known to the affiant as were his own. Very few of his transactions during
that period untill about two months previously to the death of said Duty took
place without coming within the affiants knowledge either derived from his
own personal observation or from the intimate and conversations
continually holden between them: The affiant further saith that the said Duty
informed him that he was indebted to David Coons of St. Louis in the sum of about
three or four thousand Dollars for money advanced for him by said Coons to Risly
& Choteau and others mostly in payment of expenses on pork about this time in
the year of 1837 the affiant travelled with said Duty from Mississippi and saw
him in possession of two or three thousand Dollars of money of the Banks of
that State after their arrival at St. Louis Duty told affiant that he had paid
it over to David Coons and the affiant having a few hundred Dollars of the
same kind of money he applied to the said Coons to exchange it for him. Coons
refused to do so and remarked that he had just received a large amount of
Mississippi money from Duty at a discount of 15 per cent and that he was
afraid he should lose on it. The impression of the affiant at the time and ever
since has been that Duty paid this money to Coons in part of the amount due
him as aforesaid for advances to Risly & Choteau . This affiant further states
that the said Duty informed him that her was hiring out his negros daily and
that as he received the money for their hires her deposited it in the hands
of the said David Coons . In the year following this transaction. Some time in
the spring of 1838. the said Duty told the affiant that he was Clear of debts
of any considerable amount - that he only owed some of a trifling amounnt
and that he was entirely unembarrassed. this statement the affiant has always
believed to be true as Duty was always very free and open in his
Communications Concerning any pecuniary difficulties under which he
was suffering. as affiant had frequently known to be the case in former
years. And further this affiant saith not.

Subscribed and sworn to before
me this 9th day of July 1840.
Samuel Farnandis
F. M Kenney
Justice of the Peace
St. Louis county

State of Missouri
St Louis County
SS.

This day James Adams personally
appeared before the undersigned and made oath that he
was a near neighbor and on intimate terms with Milton
Duty from a few days after his arrival as a resident
of St Louis from Mississippi until his death at which
time this affiant was present, and held him in his
arms when he died. That the said Duty visited this
affiants family more frequently and sociably than
that of any other person, being there nearly every evening
when this affiant was at home. That the
said Duty was free and open in his conversations
about the situation of his affairs. That on the arrival
of the said Duty from Mississippi in 1837, this affiant
was present and heard a conversation between
the said Duty and Samuel Farnandis who had staid
during the next preceding with said Duty
in Mississippi , at which time they were counting over
a large sum of money in Mississippi bank notes
which Duty had brought with him from the
said state of Mississippi , this affiant does not
know the amount of the same, but the same was
large, and Duty observed in said conversation that
it would at be sufficient to pay off all he
owed to every body in the world. He (said Duty) who
stated in said conversation that he had six thousand
dollars due to him in Mississippi which was all that
remained due to him there. The negros of the said
Duty were hired out daily from shortly after the ar
arrival of said Duty as a resident of St Louis . The amount of
said hires was brought in to said Duty, which from
the number and value of the negros must have
been very considerable. That the said Duty informed
this affiant that as he the said
hires he deposited the same with David Coons
of St Louis . That said Duty lived in a very plain
economical manner, dressed very
plainy and boarded himself at very small expence
That in a few minutes some twenty five or
thirty after the death of the said Duty and before
his body was laid out a person came to the house
of the said Duty, (whom this affiant afterwards understood
to be George W. Coons ) and without paying any
attention to the corpse, directed Preston one of the
negros of said Duty to bring forward the trunks of
the said Duty containing his papers money
and clothes, which was accordingly done and
the said Coon opened them and commenced overhauling
every thing in them. This affiant was engaged
with the corpse; but after having laid
it out he saw a considerable number of papers
torn up near the trunks upon observing which
he remonstrated indignantly with said George W .
Coons against such conduct and proceedings and
asked him why he was disturbing the papers
of the deceased before his body was entirely
cold, to which he replied that he could
not help it - That during the said night
and after the said corpse was laid out, the

said George W. Coons directed the said negro boy
Preston and one of the other negroes to take
up the trunks, one containing the papers of the
deceased and the other the cloths of the deceased
and left the hour with them. This affiant
was at the house of the deceased off and on during
the greater part of the night on which he died

Subscribed and sworn
to before me this
24th day of August 1840.
Justice of the Peace
St. Louis County State of Missouri
James Adams

Affidavit
of Jas. Adams
(C)

State of Missouri
St Louis CountySS.

This day Thomas Follis personally
appeared before the undersigned and made oath that he
was intimately acquainted with the late Milton Duty deceased
who lived & was neighboor to this affiant in the city of
St Louis , for about eighteen months immediately preceeding
his death. That this affiant had frequent conversations with
the said Duty relative to his affairs in which he stated to
this affiant that he had made his property by his own executions,
was nearly clear of the world, that he owed no
gratitude to any of his kin and intended to leave them
nothing, but that he had made a will by which he had
emancipated all of his negros, had left his watch and
chain which was worth one hundred and fifty dollars and
his cloths to his negros boy Preston and that he intended
he should wear them. That the said Duty was open and
free in his conversations about his property and business
and sent for this affiant frequently just before his
death, at which time he repeated the substance of
what is stated above. That from such conversations he
was fully convinced that the said Duty owed a very triffling
amount. That the lives of his negros during his residence
in St Louis must have been very considerable.-
That he had the most implicit confidence in the
veracity of the said Duty and found
what he said to be always truthfull and correct.
That this affiant went to the house of the said Duty
about ten minutes after his death, where remained a
short time and then returned to his own house, that
in about an hour after he returned to the house of the
said Duty where he found George W. Coons , whom he left
at the house.

T.G. Follis
Subscribed and sworn to
before me this 24th day
of August 1840.
Justice of
the Peace St Louis County
State of Missouri

Affidavit
of
Tho G. Follis
(D)

order of sale
E

copy --0.91certificate0.251.16

State of Missouri
County of Saint Louis
SS
In the Probate Court for the County of Saint Louis , - September Term 1841
To the Honorable the Probate Court of St. Louis County

George W Coons administrator with the
will annexed of Milton Duty deceased respectfully represents that there are demands allowed against the
Estate of said deceased in this court amounting to the sum of Seven thousand two hundred & three 68/100 dollar: that
there is also a Judgment rendered against him as Admr. of said Estate at the present term of the Court of Common
pleas of said County in favor of the President Directors and Company of the Planters bank of Mississippi for fourteen
hundred & twenty two 23/100 dollars damages and cost of suit; that he has also been served with a notice of demands in
favor of Robert Strong for thirteen hundred and ninety dollars, also a demand in favor of Haywood Boyette for about two hundred
and Eighty seven dollars, and a demand held by Bogy & Hunton for upwards of two hundred & twenty dollars making a
sum total allowed or presented against said Estate of Ten thousand five hundred & twenty two 33/100 dollars - that Two
thousand four hundred dollars and one 12/100 dollars thereof has been paid, that to satisfy the balance there are
in the hands of this admr. the following assets Cash $ 3217 73/100 notes for negro hire $965.00 the greater part of
which cannot be collected - notes due in Missisippi no part of which can be rendered available $7410.85 and
the slaves belonging to the Estate twenty six in number (named in Inventory filed) which were appraised at
$7725 - beleiving that the hire of the said slaves will not in any reasonable time enable him to pay the said
debts, he prays that this court will order the said slaves to be sold or so many of them as will be sufficient to
pay said demands G. W. Coons admr. St. Louis 7th September 1841

Filed 18th September 1841 Peter Ferguson Judge of Probate

Saint Louis County Probate Court September Term 1841Saturday 18th September 1841

George W Coons Administrator with the will
annexed of Milton Duty Deceased
order of Sale of Slaves

George W Coons administrator as aforesaid appears and presents to the court his petition setting forth that there
are demands allowed against the estate of Milton Duty deceased amounting to Seven thousand two hundred and
three dollars sixty three cents, that a Judgement for the sum of Fourteen hundred and twenty two dollars thirty three
cents has been obtained against him as administrator of said deceased in the Court of Common pleas of the County
of Saint Louis , and that demands against said estate have been exhibited to him to the amount of Eighteen hundred
and ninety seven dollar making the sum total allowed and presented against said Estate Ten thousand and five
hundred and twenty two dollars thirty three cents, that two thousand four hundred and one dollars twelve cents
thereof has been paid - to satisfy the balance there are in the hands of the Administrator in cash Three thousand two
hundred and seventeen dollars seventy three cents: notes for negro hire nine hundred and Sixty five dollars, the
greater part of which cannot be collected, and in notes due in Mississippi no part of which can be rendered
available, amounting to Seven thousand four hundred and ten dollars eighty five cents, and the Slaves belonging
to the Estate twenty six in number which were appraised at Seven thousand Seven hundred and twenty five dollars -
that the hire of said slaves will not in any reasonable time enable him to pay the said debts and praying the
court to order said slaves to be sold or as many of them as will be sufficient to pay said demands. Therefore
it is considered by the court that the said George W Coons do on the twelfth day of October next between the hours of
nine O'Clock in the forenoon and Six O'Clock in the afternoon of that day at the Court Housedoor of the County of
Saint Louis Expose to sale the following named slaves belonging to the Estate of said deceaed to wit, Jesse , Nathaniel
Jordan , Beverley, Madison , Samuel , Harry , Harrison , Henderson, Jackson , Howard Caroline and her child, Lucy
Lydia , Clarissa and her two infant children, Sena and her infant child, Nelly , Malinda and her three infant
children, Eliza and Mary , and sell the said negroes or so many of them as will be sufficient to pay the
demands established against said Estate on the following terms to wit; one third in cash, one third in four
months and one third in Eight months from the day of sale, that he give notice of the time, terms and place
of said sale in some newspaper printed in this state for at least twenty one days before the day of sale that
he take bond with sufficient security or negotiable notes with sufficient endorsers for the payment of the balance
and that he report his proceedings in the same to this court

State of Missouri
County
S

I. Peter Ferguson Judge of Probate of the County of Saint Louis do certify that the foregoing is a
true Copy of the petition of George W Coons administrator de bonis non with the will annexed of Milton Duty
deceased for the sale of the negroes belonging to the Estate of said deceased and the order of the Probate Court
of said ordering the sale of said negroes as the same now remain in my office

In testimony whereof I hereto set my hand and affix the seal of the Probate
Court of the County aforesaid at office in the County of Saint Louis and State of
Missouri this Seventh day of October in the year of our Lord One thousand
Eight Hundred and forty one Peter Ferguson
Judge of Probate

Administrator's Sale Of Slaves.

Pursuant to an order of the Probate Court,
made at the September term, 1841, of said
Court, on the 18th day of September, 1841, I will
sell to the highest bidder at the Court House door in
the city of St. Louis , on Tuesday the 12th day of October,
1841, twenty-six Slaves, belonging to the estate
of Milton Duty deceased, viz: nine men, six women
and eleven children.

Term - One third Cash, one third in four months,
and one third in eight months from the day of sale,
purchasers giving negotiable notes with approved securities.
Geo. W. Coons , Adm'r, with the
will annexed, of Milton Duty dec'd.
sep20 triwtds

In Chancery in
St Louis Circuit
Court - November
Term 1841

Separated answer of Henry Chouteau surviving
partner of Reily & Chouteau a late firm comprised
of John P.Reily in his life time & Henry Chouteau
Now at this day comes the said defendant
saving and reserving to him self now and at all
times hereafter all and all manner of benefit
and advantage of exception to the manifold
uncertainties and imperfections in the said
complainants said bill of complaint contained,
for answerthereunto or unto so much
thereof as materially concerns this defendant to
make answer unto the answer the & seith -
That on the sixth day of April in the year of our Lord eighteen hundred & thirty seven the then firm
of Reily & Chouteau sold to said Milton Duty
forty five bags of Salt containing Sixty three hundred
& sixty three pounds at one and one eighth
cent per pound amounting to Ninety five dollars
& forty five cents and thirty other bags of Salt containing thirty three hundred & sixty pounds at one
& one half cents per pound amounting to fifty dollars
forty cents making in all the sum of one hundred and forty five dollars and eighty five cents
which salt was delivered according to the directions
of said Duty to Wm Risley & was used by
said Risley to repack for Duty a lot of pork
which was sunk in a boat at the landing
in the City of St Louis - That the said amount
of one hundred & forty five dollars and eighty five
cents is justly due to this respondent from the
Estate of said Duty, it as being the surviving partner
of the given of Reily & Chouteau and that
said account for the above amount was proven
before & allowed by the County Court of St Louis County
in the fifth day of accounts against the Estate of
said Duty, on the Sixteenth day of September in
the year Eighteen hundred & thirty ninesince
which time this respondent is entitled to interest
on the above account -

Without that, that there is any other matter or thing
material or necessary for this defendant to make
answer unto & not herein & hereby will & sufficiently
answered unto confessed or or denied
is true. All which matters & things this defendant is ready to
& prove as this honorable Court shall direct & award and
humbly prays hence to be dismissed with his reasonable costs
& charges in this behalf most wrongfully sustained

Henry Chouteau

State of Missouri
County of St. Louis SS.

Henry Chouteau , being duly
sworn upon his oath saith, that the facts set forth
in the above answer are true.

Sworn to before me this
23rd day of November 1841 John Ruland Clk Ct Ct St Louis
County
by Garfield Blair deputy Henry Chouteau

Answer of
H. Chouteau

Spating & Tiffany
Filed November 23rd 1841 Jn Ruland Clerk

In the Circuit Court for the
County of St. Louis , State of
Missouri , sitting as a Court
of Chancery

You are hereby notified that Deposition of
Witnesses to be read in induced in the above cause on
the part of the Complainants will be taken at the
Office of Alphonso Witmore , Esquire in Pine Street
in the city of St. Louis in the County of St Louis
and state of Missouri on the fifth and eleventh days of
November next between the hours of 8 o'clock in the forenoon
and 6 o'clock in the afternoon; and that the taking
of said deposition, if not completed on that day, will be
continued from day to day at the same place and between
the same hours, till completed

Risque & King
Attorneys for Complts
St Louis Oct 30th 1841To Geo. W. Coons , admr of M. Duty
David Coons
Joel L. Audusion
James Walton
A. Von Phul
Theo. L. McGill
E. B. Snidler
Robt Street
M. W. Serving
J.L. Craft
English
F Seveny
John M Glean
David Gentry
Jesse Jones
James A Shirley
Henry Chouteau
Jas. V. Prather
L. A. Benoist
Pres. & Directors of Planters
Back of Missouri
Robert Strong
H. Boyette
John & W . Henderson
Defendant above named

Notice to take depositions

Served this notice on the 3d November
1841 by delivering a true Copy thereof
to George W Coons and by leaving a true
copy thereof at the usual place of abode
of David Coons over the age of fifteen
years at hiswith a white member
of his family over the age of fifteen
years

M Brotherton Shffs
MS McKnight DptyFee $ 1.00 strike

We hereby acknowledge service of the within notice and now the
service of the same on the parties we represent.

J V Prather

State Of Missouri ,
To the Constable of St. Louis Township, in the County of St. Louis , Greeting:

We Command you to summon Gallagher James Adams
T.G. Follis & Richmond I. Curle
that all excuses and delays being set aside they personally be and appear before the undersigned, a Justice
of the Peace within and for the County aforesaid, on the 5th and 11th
day of Novemberbetween the rising & setting of the sun at his office, in the township of St. Louis , to testify
on the trial of a case wherein Preston, Braxton & others is plaintiff and
G W Coons administrator of Milton Duty is defendant on the part of the
Plaintiff and of this you are not to fail at your peril; and have you
then there this writ,

Given under my hand, this 2d day of November A.D.1841 Alphonso Witmore Justice of the Peace.

No 79 November 1841

SubpoenaNovember 2ndJustices fee 18

Gallager at Coons . Store
Jas Adams
W.G. Follis Near Adams .

The State Of Missouri ,
To the Constable of St. Louis Township, in the County of St. Louis , Greeting

We Command you to summon Gallagher
that all excuses and delays being set aside he personally be and appear before the undersigned, a Justice
of the Peace within and for the County aforesaid, on the 12th
day of Novemberat 9. O'clock AM at his office, in the township of St. Louis , to testify
on the trial of a case wherein Preston, Braxton & Co plaintiff and
Geo W. Coons Admis Milton Duty deceased is defendant on the part of the
Plaintiff and of this you are not to fail at your peril; and have you
then there this writ,

Given under my hand, this 11th day of NovemberA.D.1841
Alphonso Witmore Justice of the Peace

SubpoenaNovember 11th Justices fee 18

Witness
Gallagher
at GW. Coons.

It is agreed that the taking
of depositions before A.
Witmore Esq. which been commenced
commenced and continued from day to day
will be continued until the
day of November , between the
firms in the original notice mentioned

S Louis Nov. 16. 1841.
Risque & King
Attys for Complts.
Gamble & WalkerAttys for Geo.
W.Coon

above to be filed by agree
ment between us.Nov 14. 1841.

Risque & King
for Complts.
Gamble & Wolle
Attys. for G. W.
Coons

Agreements of
Counsel

The State Of Missouri ,
To the Constable of St. Louis Township, in the County of St. Louis , Greeting

We command you to summon William Follis
that all excuses and delays being set aside he personally be and appear before the undersigned, a Justice
of the Peace within and for the County aforesaid, on the 3d
day of Decemberat 2 o'clock at the Jailat his office, in the township of St. Louis , to testify
on the trial of a case wherein
Preston, Braxton & others are is plaintiff and G.W.Coons Admrof M Duty Decd
defendant on the part of the
and of thisyou are and not to fail at your peril; and have you
then there this writ,

Given under my hand, this 3rd day of DecemberA.D. 1841
Alphonso Witmore Justice of the Peace.

December 3rd
Justice fee 18

Witness
W M Follis

Executed this writ By
Reading to William
Follis in St Louis
TownshipDecember 3rd 1841

Louis Dubreuit
Constable
By John Demount
Fee 5

At one or more of the conversations with the
deceased, deponent states that he assured him that
he had made a will or would make one, freeing
all his slaves, at his death- and deponent is
strongly impressed that the deceased Stated that he
had made such will. Deponent states, that
the deceased further assured him that he had sold
a farm in the south, and that he had pay in the south from which he had coming
some ten or twelve thousand dollars; and that
he owed very few debts, or that his indebtedness
was in amount very small, except the demand
of deponent, for his material services, and that
this last debt he would pay, if it was exacted of
him, and to ascertain this, the deceased called
on deponent, just before the deceased left St. Louis
for the south, which deponent thinks was in
the spring of 1838. Deponent is strongly impressed,
in memory, that deceased had sold in the south,
some of his slaves, for the reason, that he did not
wish to bring a part of them to St. Louis , and that
some part of them did not wish to remove to St .
Louis , and that this impression was made by conversation
with the deceased.

Deponent, being crossexamined by defendant's counsel,
states, that the negroes of the deceased, went out and
hired their time, the product of which was the income
above referred to and that he has no exact means
of knowing the amount of income from
the Labor of the slaves aforesaid. Deponent understood
from deceased, that the seventy five cents and one dollar and
a quarter per , the amount of their earnings
as ranging from the first to the last sum. Deponent
had been told by deceased that he had large
quantities of pork in the winter fall of 1837. or the
winter of 1838. and that the prospect of the deceased
was, as derived from him in conversations
on the
subject, that he would lose by this pork operation, and
that one reason of this loss would be in consequence
Depositions of witnesses produced, sworn and examined
on the eleventh day of November A.D.1841 between
the hours of 8 O'clock in the forenoon, and six o clock
in the afternoon of that day, at the office of
Alphonso Witmore Esquire in the City and County
of St. Louis , and state of Missouri , before me,
Alphonso Witmore a Justice of the peace within
and for the County aforesaid, in a certain
cause how pending in the Circuit Court of
St. Louis County, State of Missouri , setting
as a court of Chancery, between Preston, Braxton
and others, complainants, and George
Washington Coons administrator of Miton Duty, deceased, and others, defendant on the part of the
complainants.

James V, Prathers, of lawful age being produced,
sworn and examined on the part of the complainants,
deposeth and saith; that, he was
acquainted with Milton Duty, deceased, from
April 1837, and from that time forward until the
time of his death, which occured in August 1838.
Deponent, in his professional persuits, and his visits
to the deceased aforesaid, had occasion to observe his
manner of living, and that he was a plain
economical man in his style of living, and from
his frugal manner of living this deponent thinks
that his annual expenses for himself and slaves, exclusive of could not have been
more than five or six hundred Dollars. Deponent
had frequent conversations with deceased,, as to his
income from the labor of his negros about thirty in
number, and that the laboring part of there probably fifteen or twenty generally
brought him in from their daily labor, from seventy
five cents to a Dollar and a quarter a day, cash. This deponent
further states, that his professional attendance on
the slaves of the deceased, brought him frequently to the
his residence, and that his knowledge of the
domestic concerns of the deceased was thus obtained.

of the sinking some pork here, at St.Louis .
Deponent further states that his residual account
was not paid by deceased at the time
referred to and is not yet paid. Deponent understood
from deceased, at the time he was about to
depart from St. Louis , for the south, in 1838,
that he was short of funds; and that on his
return from the south, the deponent did not
call on deceased to demand the amount of his
medical account; and that the said Duty,
as this deponent belives, very suddenly, after
his return to St. Louis , from the South;
whither the deceased had gone to dispose of his
pork and attend to other Business; and
further this deponent saith not.

J.V.Prathers

Sworn and subscribed to before me, and in my
presence, on the day, at the place, and within
the hours in that behalf aforesaid.

Alphonso Witmore
Justice of the Peace.

The taking of depositions in this case is adjourned until nine o clock, on the 12th of Nov. 1841.

Alphonso Witmore Justice of the Peace.

Hugh Gallagher, of lawful age, being produced
sworn and examined, and saith, that
he was acquainted with Milton Duty from
August 1837, until he died, which was in the latter
part of July, or the beginning of August 1838.
Deponent states that she visited the house of deceased
on the night of his death, in company with
George W.Coons ; and that the deceased could not
have been dead more than an hour when deponent
reached his house; Is not sure that any white person
except, George Galloway, who said he was nephew
of the deceased, was at the house when Deponent
arrived there. Shortly after the deponent
reached the house aforesaid, James Adams , and as he thinks
his wife came in. Mr. G.W.Coons , that night
took possession of all the books, papers and personal
property, of the deceased. and it was by the advice
of this deponent, that said coons took possession
of the personal property aforesaid, as he knew
that the deceased was largely indebted to the father
of said G.W.Coons . The money was found,
with the papers, in a trunk which was not
locked. An inventory was then and there taken
of all the money and property aforesaid, by this
deponent, at the house of the deceased, before
the said Coons took possession thereof. examination
of all the papers in the trunk was made, at the
time of taking an inventory and one trunk, a
any small one was taken away that night by Mr. G.W. Coons,
and the other one was taken away the next
morning. If any papers were destroyed that
night, which deponent is pretty certain there were
not, he saw them before they were destroyed, but
is certain that none were torn. If any were
thrown out, they were old envelopes of letters,
or waste paper. Young Gallaway was present
at the examination aforesaid. no
made by Adams against the proceedings
aforesaid. Does not know whether a white woman
by the name of Sunions or Suninons was there;
but states that the neighbours were coming in
and going out frequently. Knew none of the
persons aforesaid, except Adams . Put the inventory
in with the papers aforementioned. Deponent thinks

that there were with the papers of the deceased, notes
or claims to the amount of four or five thousand
Dollars. David Coons was not at home at the
time Duty nor for some weeks afterwards.
Deponent states that he has been the book keeper of
David Coons since 1837. in the month of August.
until the present time. At the time this deponent
began to do business for Mr.D.Coons, the deceased had,
or he believes, Eighteen or twenty negroes, who went
out to work, and who paid in to D. Coons their hire;
and said coons had instructions to relieve whatsoever
money they, the negroes might bring him, in the absence of the said Duty only Deponent further states
that in about the month of February or March 1838,
the said Duty paid to D. Coons, in Mississippi
money which, with discount off about
thirty three hundred Dollars; at the same time duty
gave Coons his note for some three or four hundred
dollars, to balance their accounts, about the 22nd of
February 1838; and that said Duty left St. Louis for
Mississippi some time in March of the same year,
and returned in May or June. That on a settlement
on the 11th day of June 1838, Duty had increased
his indebtedness, including the note just above mentioned,
to twelve hundred and sixty three Dollars and
forty seven cents; but does not know how this
indebtedness accrued, as three is no evidence
on the Books of Coons to show; but belives that
the debt was made by advances of cash to Duty.
Deponent thinks that Duty must have gain
receipts or notes for such advances. Has no recollection
that, at the time of the examination of Duty's
papers, any of the above mentiioned notes or receipts
were found among them. Deponent states, that,
when Duty went to Mississippi , in March, as he
thinks, Coons gave him, Duty, thirty seven or
Eight hundred Dollars in Mississippi money, to buy
exchange for Coons , if he could do so, to advan-
tage, and without losing thereon more than
fifteen percent or thereabouts; for which
sum, Duty gave his receipt to Coons : Subsequently, Duty brought back the money and
took up his receipt. Thinks that this last mentioned
receipt was found among the papers of the
deceased, after his death; does not know where this
receipt now is; but thinks it is in possession of
G.W.Coons . Deponent does not know that on
the settlement, 11th June 1838, between Duty and
Coons , any money was paid by Duty. Deponent
further state, that said Duty afterwards, or after the 11th of June 1838, and before his death, became
indebted to Coons , for merchandise in the sum of
twenty Dollars and fifty Cents. The books of D.Coons
show that on the 11th June 1838, the account between
him and Duty was settled by cash, amounting to
twenty three Dollars and Eight Cents. The note
above mentioned, of twelve hundred and sixty three
Dollars and forty seven cents, was dated11th June
1838, and payable, as deponent thinks, one day after
date. Deponent further states, that Duty's note of
one thousand and ten Dollars and ten cents, was given by
Milton Duty to David Coons , on the 15th June
1838, for merchandise and cash, advanced by
Coons to , at this time held
Duty's note, or claim, for, deponent thinks,
twelve hundred Dollars, or thereabouts, which he
delivered to Duty, on the payment, by Coons , of the
above amount, in merchandise and money. The
other note, now held by Coons against
the Estate of Duty, of twelve hundred and seventy
eight Dollars and sixteen cents, was given by
Duty to David Gentry , and passed by David Gentry
to David coons, in the note will show, and the note
will also show the date of transfer, as the deponent be-
lieves. Deponent thinks the note was past due when
it was transferred. Deponent thinks that the note
last aforesaid was transferred with the knowledge, and

approbation of Duty, he Duty having acknowledged
to Coons , that the owed the amount of said note to
Gentry , and he would rather have Coons hold the
note against him, than any other person.
Deponent thinks that this assent was excused
at the store of David Coons , in St. Louis ,
some time in the month of May 1838. in
presence of himself certainly, and, as he thinks
in presence of Gentry himself. Deponent knows
that the amount of cash on hand among Dutys efforts
at the time of his death was less than one hundred dollars
Deponent states, that he does not know that G.W.Coons ,
has taken any steps to collect the demands of Duty's
estate against persons in Mississippi , that he, himself
has this year been to Mississippi and that said
Coons did not ask him to take any claims of the
estate of Duty to collect, and that if be had so requested, he
would not have taken them. Deponent states, in
explanation, that the note passed from Gentry to Coons ,
above referred to, amounting to twelve hundred and seventy eight
Dollars and sixteen cents, was executed by Milton Duty, to
Wm. P.Stevenson, on the 24 Feb. 1838 & transferred to David
Gentry the 20 April 1838 and to David Coons , the 7th May
1838. Deponent further states, that the three notes
referred to in this Deposition, as by Milton Duty the signatures are
all in the hand writing of the said Duty, and two of which
this deponent saw him, the said Duty sign.

Deponent, bring cross-examined by counsel of G.
W.Coons, in answer to several interrogations, in narrative form and saith- that, all the three several
notes above referred to, were, at the time of the death
of Milton Duty, in possession of David Coons ;
and that this deponent knows, that of Milton
Duty was, at the time of his death, justly indebted to David
Coons in the amount the there several notes above
referred to. Deponent further states, that David Coons
never kept any regular set of Book, or Ledger
until the first of June 1838. But kept a such
of memorandum Book; having in his business draft
for cash principally; but on the settlement
in February 1838, when the thirty three hundred dollars
were paid, the memorandum book of Coons shows
an indebtedness of Duty, in a sum of thirty seven
hundred and two Dollars, and ninety cents. All
the money which D . Coons , ever received, from the
hire of Duty's negroes from the first of October
1839, to the knowledge of this deponent, up to the
time of his death, was one hundred and sixty four
Dollars and thirteen cents, and that the said Coons
never received, for negroes hire, between the two
dates above mentioned, except in the absence of
Duty from St. Louis , any money; and that Duty
never paid to Coons any many, except that above
stated, except in general settlements above refered to.
Deponent further states, that during the business in
intercourse of Duty and D.Coons, which the deponent was
acquainted with there, the said Duty was always in
want of funds; and this was owing to his want of success,
and his losses in his pork operations. Said Duty shipped
his pork to Hendersons, of Vicksburg, Mississippi Duty,
in the winter of 1837, or spring of 1838 went to Mississippi ; to obtain
proceeds of his pork shipments, and this affiant understood from said Duty and others, that he received no
money on this account, but brought home notes
of some Missippi Bank, or Banks; and his return
with the bank notes aforesaid was in the spring of 1838.
Deponent thinks that the losses of Duty, on his pork speculations
above mentioned, must have been to the
amount of his investments therein, and a sum
of between four and five thousand Dollars. Deponent states
that on the night of the death of Milton Duty, at the
hour of about eleven o clock, he and G.W.Coons were
in bed at the house of David Coons , and they were
then and there called on by Preston and the
white boy Gallaway, to go to the residence of Duty,
and informed that he was dead, or dying;

and that thereupon they both went, immediately,
to the house of said Duty; that this deponent remained
at the house of Duty three or four hours, and then
went away to procure a shroud and other appliances
for the burial of the deceased and afterwards
returned to the house as he now thinks.

Deponent thinks that he examined all the papers
of the deceased and found no evidence among them of debt of
Coons to Duty, and this examination was on the night of
the death of Duty. Deponent did not see, on the night
just referred to, any attempt on the part of G.W.Coons
to or any papers of the deceased nor,
would he have permitted such a transation if he had
witnessed it. Deponent states, that W.Coons was
solicited or advised to take out letters of administration
on the estate of Milton Duty, by Charles Mulligan
Andrew Christy James Smith, William C. Wiggins
and others, the personal friends of David Coons .
The following transcript is taken from two small books
of David Coons

77. Dr. Milton Duty
1838.

Feb. 14To amount from page 60.# 253.70Feb. 14To amount of Bill69.20Feb. 14To cash pd. Gentry 5.50Feb. 14To amt. paid 119.87
2.
139.871108.79Feb. 14To cash1500Feb. 22To cash300Feb. 22To amt of your note326.60
3.563.52Feb. 22By amt. from opposite page164.133.399.40Feb. 22To visit and shoes for 3.50Feb. 22 To cash3003.702.90

1838
Feb 14
By amount from
page 61 $ 164.B

Mar 3To 2 # 2.50June 11By cash $ 23,08 Mar 7To 1 Womans shoes1.25Mar 12To 1 1.25Mar 16To 1 1.25Mar 17To 1 Coarse Boots 3.00Apr 28To 1 Calico595Apr 28To 1 shoes per 137Apr 30To 2 250# 23,08May 31 Pair1.37May 31 1.37May 91 125# 23,08June 11To 24 lbs feathers, 56,13,50June 13To 8 yrds linen 25,2.00June 23To 2 pair shoes 1.25250June 25To 1 Pan Do boy87July 4 To 1 pair shoes1.25July 6 17To 1 Coffee Boiler37$20,50

Deponent states that the above transcripts from the
books of David Coons are correct, and that the foregoing
are all the entires in said books in account between
the parties aforesaid during the period of time comprised
from Februrary 14th to July 17th 1838, and
that the first entry is a balance, brought forward from
an account commencing Oct 1. 1837 and this entry,
and the next item, is in the hand writing of this
deponent, and the remainder of the account copied
above, to Febuary 22nd is in the hand writing
of David Coons . Deponent says that the sum of
eleven hundred and eight dollars and seventy nine
cents in said account being charged as having
been paid to Risley, he did not see paid, but believes
it was paid to him. This Deponent did not see

the next item in said amount of fifteen hundred Dollars,
paid to Duty, nor did he see the next sum of
three hundred Dollars paid to Duty. Deponent
further states that he did not see the two following
items of three hundred Dollars each, cash, paid
to Duty, to his recollection at this time. Deponent
states, that the first account copied into this deposition
containing the heaviest entries, is from a memorandum
book or petty ledger and further this
deponent saith not.

Hugh Gallagher

sworn and subscribed to before me and in my
presence on the day at the place and within the
hours in that behalf aforesaid.

Alphonso Witmore Justice of the peace

The taking of these depositions is adjourned, by
consent of parties to monday the 15th
of November 1841. at nine o clock in the
forenoon.

Alphonso Witmore
Justice of the peace

on this 15 day of November 1841. the
taking of the deposition in the above case was
resumed.
Augustus H. of lawful age being sworn and examined on the part of the
complainants, deposith and saith that he was
acquainted with Milton Duty the deceased
and that he lived in a plain and frugal
manner and in a house which
that he could not live expensively.

The party defendant and his counsel not
being present the taking of Depositions in
this case was adjoined to the 16th of Nov
1841.

Alphonso Witmore Justice
of the peace

The taking of these depositions by consent of both
parties was still further continued until the 2nd of December
1841 and adjoined to the jail of St. Louis County in
the city of St. Louis .

Alphonso Witmore
Justice of the peace.

On this 2nd day of December 1841 the taking of these depositions
was resumed at the in St Louis county in
the city of St. Louis .

of the

James Adams of lawful age, being produced, sworn
and examined, deposith and saith : That he was acquainted
with Milton Duty, for the period of two years previous to
his death and up to the time of his death. Deponent
lived a near neighbour to the deceased and he died in the
arms of the Deponent. Deponent further states, that at the
time of the death of Milton Duty, three were present, this
deponent, his wife, madame Belfour, and as he thinks
Rebecca Simons; and that George Gallaway was present
at the time this deponent was laying out the deceased
and that the said Gallaway, was the nephew of the deceased
as this Deponent had been told by the said Duty in his
life time; and that the said Galloway was then boarding
at the house of thedeceased in which the said Duty died
and going to school. This deponent states, that a man
came there with whom he was not then acquainted
whom he understood to be George W. Coons , who took away
the trunks of the deceased, but this Deponent does not
know that he would now recognize the person of said
Coons . This deponent further states, that immedately after
the deceased drew his last breath the person who he understood
was G.W. Coons, and another white person whom
this deponent did not know, came in and the trunks
of the deceased having been brought out by a negro,
they, the two white men aforesaid began to ransack the
said trunks, and this Deponent then and there demonstrated
against this proceeding, as being premature
before the corpse had been laid out. Deponent saw some
papers lying on the floor near where the trunks had

been, after the trunks had been carried away, which
was done by the negros, under the question of the white
persons above referred to, the papers mentioned were
torn when this Deponent observed them. Deponent did
not know the character of the papers referred to, but
saw writing on them and that by the bulk of the
of the papers there might have been three or four sheets of
them in all; Did not see the persons above mentioned
tear the papers, but saw them taking the
papers out of the trunks, and had not noticed the
papers, particularly, until they had been torn Deponent
did not see any pen and ink, nor any inventory
taken of the papers and efforts of the deceased that night
on which Milton Duty died. Deponent further states,
that the name of the negro who was directed to take
away the trunks, and who was the slave of the deceased
was Preston , as this deponent believes. The deceased
had returned home from the state of Mississippi a short
time previous to his Death. Deponent further states, that
after the return of said Duty, he saw in his possession
a large pile of money which he understood to be Missis-
sippi money and that the deceased then stated, that he
had enough if it to pay his debts; and that this deponent
understood the sum to be about five thousand
dollars. At the time the deceased was speaking of
his money, as first stated, and conversing about it with
one Fernandez, this deponent heard the deceased say that
he was that pay going up to Mr. David Coons to straight
in up his business with him.

James Dame
Sworn and subscribed to before
me and in my presence, at the
time and place in that behalf
aforesaid
Alphonso Witmore Justice of the peace.

The taking of this examination is further adjorned
until Dec 3rd 1841.

Alphonso Witmore
Justice of the peace

The examination of the witness, which commenced
on the second of December, William Adams , bring this third day
of December 1841resumed the deponent states; that
infrequent conversation with Milton Duty, the deceased
a short time before his death, he the deceased stated
that he himself and one of his slaves had worked hard
for what he had and that no one should be benefitted by
it and that he would set all of them free at the
time of his death and this Deponent understood from the said Duty that he had made a
will to that effect which was left down the river at
vicksburg or somewhere in that quarter. Deponent
further states that the deceased told him a short time be
fore his death, when he had the money by or spoken of just after his
return from the south, that with the exception of his
indebtedness to Mr. David Coons , he was free with the world
This depondent knows, from his personal observation and
intercourse with the deceased just before his death, that his
negros came in, to their master, and paid him their daily
earnings, which was a dollar a day for males but
does not know what the woman received. Deponent
in answer to a question by the plaintiff's counsel
says, that he is now in fail on a charge for breach
of the peace.

The deponent being cross examined by the defendants
counsel, deposith and saith, that it was not long after the
death of Milton Duty when the two white men above mentioned came in; they came in with Preston one of the slaves
of the deceased having gone out immediately after
the death of Duty. Deponent saw two trunks in the
house of Duty; one of them was a large trunk, and the
other was a small one; and these trunks were in
another room at the time of his death. Deponent states
that the two white persons who came into the house of the
deceased after his death, and asked for “the things,” and then
the trunks were taken out of the bed room of Duty, into the larger
room, and there examined - the deceased died on the porch of the
house, and was taken then into his bed room, after his
Death. Deponent states, that when the persons who came in

as above stated, they asked for the trunks of the deceased
and these were the first words which they spoke.Deponent
saw the young men all the while in the house
of the deceased, until they went out with the trunks,
and did not see them go out, after they came in
until they went out with the trunks, should think
that it was ten or fifteen minutes from the time
the young men aforesaid came in, until they went
out of the house with the trunks; Deponent Does not know who went
out after and the shroud for the deceased This
Deponent states, that he does not know what description
of papers the torn papers were, which he
has already mentioned as having been left on the
floor, after the two young men had gone out with
the trunks - deponent can read writing but did
not examine the torn papers left, as above stated.
Deponent states, that the papers spoken of as torn,
were torn as if a half-sheet of paper
had been torn into four or five pieces; he does not
know what became of the fragments of the torn
papers described above. Deponent believes that both
the trunks before mentioned were carried off at the same
time Deponent thinks that the slaves of Duty
knew that their master had made a will to free
them at his death as he was not backward in talking
about it before them. Duty died any suddenly. Deponent
was in this room of Duty talking with
him about fifteen minutes before his
death; the deceased said that he did not feel right;
deponent then went home-saw Duty come out on the
porch of his house and fall-when deponent went immediately back to him, and then the deceased immediately
died, when he had only time to taken him up
in his lap, before he was dead Deponent does not know
that any post mortem examination was made of the body
of the deceased at any time after his death
the corpse of the deceased turned a little darker
after death- deponent after shaving the deceased went
home and came back once before he went to bed. This
deponent says, that his object in making his
against the examination of the trunks, was that
he thought they ought first (the young men before mentioned)
to attended to the corpse. Deponent did not know that the
torn papers which he has before spoken of were of
any value or not - did not at the time form any
opionion about them. The papers were examined in an
adjoining room to that in which the deponent was, and
a door communicating between the rooms was open
at the time; does not know who tore up the papers.
Deponent says that the persons who examined the trunks
did not try to do so out of his sight. Deponent does
not know that the torn papers came out of the trunk
aforesaid; but lay near where the trunks were examined,
and had not seen them before.

Deponent being again examine in chief, states,
that he did not examine the fragments of the torn
papers spoken of, but only kicked them over with
his feet. Deponent thinks that Duty returned
from Mississippi five or six weeks before his death
as well as he recollects. The two white men frequently
spoken of in this deposition when they came into
the house of the deceased, went up to the bed where the corpse lay, and saw that Duty was dead.

James Dame
Sworn and subscribed to as aforesaid, before me and in my
presence, on the day and at the place and in that
behalf-aforesaid
Alphonso Witmore
Justice of the Peace

I, Alphonso Witmore , Justice of the peace
within and for the County of St. Louis and
State of Missouri , so hereby certify, that J.V.
Prather, Hugh Ghallager, & James Adams , the
deponents in the above entitled case were
by me sworn to testify the whole truth
of their knowledge touching the matter in
controversy aforesaid; that their testimony was
by me reduced to writing, and by them subscribed,
in my presence on the day, at the
place and within the hours in that
behalf aforesaid.

Alphonso Witmore
Justice of the peace.

Opened & filed May 1st 1843

J. Ruland Clk

Depositions for Plaintiff

Fees paid by F.W.Reique
Attorney for complaints

3 subpoenas-#--56Writing -4,8912 -3.00constables fee258.65

In the Circuit - Court , for the County
of St Louis and State of Missouri .
Sitting in Chancery.To George W. Coons adr: of Milton Duty deceased

You are hereby Notified, that Depositions of Witnesses to be read in evidence
in the above cause, on the part of the Complainants - will be taken at
the office of Justice Louis L. La in the
City of St. Louis
in the County of St Louis and State of Missouri on the twenty fifth
day of April A.D. 1843 between the hours of 8 o'clock
in the forenoon, and 6 o'clock in the afternoon: and that the taking of said depositions, if
not completed on that day, will be continued from day to day at the same place and between
the same hours, till completed.

St Louis March
3rd A.D. 1843J.. Risque Attorney
for complainants

I acknowledge legal service of the within
notice this- 3rd day of March A.D.1843

Geo. W. Coons admr.
of Milton Duty

Opened & filed May 1st 1843

Jn. Ruland Clk.

Depositions for Plaintiff.
Fee $ 1.50

Question What did he do with his property &
negroes when he left Warren County
and moved to St Louis ?

Answer He brought most of his negroes with
him to St Louis some few he sold.

Question Had Duty much owing him when he left
Warren county, if so who were his
debtors & how much did each one, & do
you know if any of said debts have been paid?

Answer The spring before Duty died he visted
Vicksburg , and told me that he had
left two notes with G. Harrison attorny
at law for collection; one was against - G
Banfred; the amount of which I know
not, it was for several hundred dollars
Also there was another note he left I think against the
Directors or Trustees of the district
in which he lived for some four
or five hundred dollars- These were all
the claims he mentioned having but in Harrisons
hand- He told me had a note of $900 against
Gilson, which he offered to trade to me, but
was refused by me, he stated also that
John Henderson owed him much
I don't know it was a considerable
amount- There are persons I recollect I think
his mentioning that owed him -
that the two first notes have been
collected; about the others I know nothing.

question Was Duty to you when he left
County if so state whether you have

Answer He owed me a note of between a $1000 & $1000, mostly
borrowed money I had so much confidence in his
honesty and ability that I would have loaned him
any amount I could have spared;

Deposition of witness produced sworn and examined at
the office of Louis T Labeaume in the City & County of
St Louis and state of Missouri , before me Louis T Labeaume
a justice of the peace of or the County aforesaid, to
be read in evidence on the trial of a
certain case now pending in the
Circuit Court for the County of
St Louis , state of Missouri , between
Preston, Braxton & others Plaintiff
and George W Coons administrator of
Milton Duty & others defendants
on the part of complainants

Michael U suing of lawful age being produced
sworn and examined deposith and saith in
answer to the following interrogations as follows

Question by Complainants Counsel- Were you acquainted with
Milton Duty decd if so state where he visited at
the time you first knew him?

Answer I was acquainted with him, he resided in Warren
County Missisippi, I lived near him from the fall of 1834,
untill August 1836-
I moved from the country to
Vicksburg in August 1836, where
I resided to the spring of1840; I was
intimately acquainted with said Duty, and I
always regarded him as an honest
and very upright man - Duty
removed from Warren County to
St Louis Mo in the fall of 1836, or
spring of 1839 I cant say positively which
Duty resided here untill he died-

Question Were you intimately acquainted with him and his
Circumstances ?

Answer I was intimately acquainted with him, and knew that he was
in good Circumstances as I considered, his property consistedprimarily
of negroes, I think he owned about 25
or 30 negroes I presumed he owned land, but not that where
he then resided- He was a man who rarely
went in debt, and at that time I think he owed very little.

Mr. J.O Harrison attorney for Duty
paid me over a thousand dollars on
account of the note aforesaid; this was
paid the winter previous to Duty's
death; there was a balance of
about $132 still owe me for
principal and interest - This balance
was not paid up to the time of
Duty's death; after his death
and applied to David Coons who I under-
stood had been appointed Duty's
administrator for the balance due
me; he wrote me an answer
which is now in Mason County
Illinois , I will inclose to
Mr Risque as soon as I reach
home of afterwards came to
St. Louis and saw said Coons
about my claim, he told me
there were to many preferred
debts and the estate was so much
behind that it would be a long
time before I would get my
money and advised me to sell my
claim and refered me to his
son to purchase it - I did so, I
offered my claim to George U coons the
son of David Coons for $ 100 - which
amount he paid me for it before
selling it David Coons had told me
I would do well to get eighty
seven dollars in hand for it

Sworn to and subscribed before me
this 25th day of April 1843
Louis F Labeaume J.P

State of Missouri
County of St Louis Ss

I Louis T. La-
Beaume a justice of the peace
with in and for the County aforesaid, do
hereby Certify that Michael W. Swing the
deponent was by me sworn to
testify the whole truth of his
knowledge touching the matter
in controversy in the cause
aforesaid that deponent was
examined and his examination
by me reduced to writing and
subscribed by said deponent in
my presence on the 25th-day
of April 1843 between the hours of
8 o clock in the
six o clock in the afternoon of
said day at my office in
the city of St. Louis

Louis T Labeaume Justice
Free $ 50/100

St Louis Circuit Ct.

Duty Admr.

Filed May 2 1843
J. Ruland Clk.

In St. Louis Circuit Court , In ChanceryApril
Term 1843-

And now at this day come
the said complainants by their attomey and move
the Court that a commissioner be appointed
by this Honble Court to whom it shall be
assigned to state an account between David
Coons and Geo W. Coons administrator
of Milton Duty deceased, and that said
Commissioner be directed to call upon the
said David for the production by him
of the books, papers, and vouchers, countaning
the original entries and items of
the debit and credit account of the said
David with the said Milton Duty decsd.
and with Geo. W. Coons as administrator
of said Duty; and that said commissioner
be instructed to make up and
state said account from such books
of original entries, papers, and other
original vouchers,
and other legal
evidence produced before him with-
out regarding any settlement or settle-
ments heretofore made before the County
or probate Court of St. Louis County.

Also, that said commissioner make
up and state an account between Geo. W
Coons as administrator of the estate of said
Duty, and the said estate; and that the
said Geo. W. Coons be required to settle
his accounts with said estate, before said
commissioner and to produce his original
papers and vouchers therefor before said
commissioner and that said commis-
sioner be instructed to make up and
state the last said account also
from the original papers and vouchers
and other legal evidence produced
before him without regarding
any settlement or settlements of the
said Geo. W with the said etate
of said Duty made or exhibited
before the County Court or the Probate
Court of St. Louis County.

and that
said commissioner be directed to
make report of the said several
account so by him taken, to this
Hon. Court so soon as the same
shall have been taken

F.W. Risque
for

In the St Louis Circuit Court in Chancery
November Term 1841

The answer of George W.Coons administrator of
Milton Duty deceased to the bill of complaint
of Preston, Braxton & others.

and now comes George
W Coons , administrator of Milton Duty decd. and
reserving all right and benefit of exception to
said bill of complaint, on account of the
and insufficies therein, for answer thereto,
or to so much thereof as he is advised if is necessary
for him to answer, says that true it is
that the complaintants in said bill were slaves
of the said Milton Duty deceased and were removed
from the state of Mississippi to St Louis by
said Duty sometime in the spring of 1838,
and that said Duty convinced to reside in
St Louis most of the time afterwards
until the month of August 1838 when he
died, and that this defendant, was duly
appointed administrator of his estate, short.
by after his death, that some time afterwards
a copy of the will of said Duty was produced
before the County
and the letters of administration
originally granted to this defendant were
thereupon revoked, and this defendant
was ther appointed administrator de bonis
non with the will annexed of said Duty
and has ever since been acting in that capacity. And
this defendant further answering says, that
while the said Duty resided at St Louis he
permitted the complainants to hire themselves
or such of them as were able to earn wages, and
that he said Duty generally received the for
then trial, and that said David Coons never
received an money for the hire of the complainants
except in the absence of said
Duty, when he received from time to time
several small sums not exceeding one
hundred dollars as this defendant is informed
and verily believes. And this defendant
further states that from his knowledge of the
dealings and transactions between the said
Duty and the said David Coons , he believes that
the said David Coons did advance large sums
of money to said Duty during the year 1837
and 1838 on account of the pork business
in which the said Duty was then engaged
That said Duty met with a heavy
in his pork business amounting
as this defendant is informed and believes
to five or six thousand dollars. That the said
Duty shipped his pork to the
Henderson of Mississippi , who sold the same
for said Duty. That said Duty did not
attend to the sales of his pork personally
to Mississippi , to receive the proceeds
of the sales, and as this defendant is
informed and believes took between
three and four thousand dollars of Mississippi
bank notes belonging to the said David
Coons with instructions from said
David Coons to exchange the same
for other funds at a discount not exceeding
fifteen percent or to return the same-
That said Duty did return the same to said
David Coons on his return from Mississippi . And this defendant is informed and
believes that said Duty failed to collect
any of the proceeds of the sale of his pork

from said Hendersons at the time
of his said visit to Mississippi , and instituted a suit
aganist them therefor, which has been -
that the said Duty did obtain
some funds at the time by loan
from the bank at Vicksburg in Mississippi
which he brought back with him to St Louis
and this defendant further says that he is
informed and believes that on or about the
twenty fourth of February 1838 the said Duty
was indebted to said David Coons in about
sum of thirty seven hundred dollars, when
a settlement took place between them and
a portion of the so debt was paid by Duty,
that the said David Coons afterwards made
further advances for said Duty and paid
of said Duty at his request
and that said Duty on the time of the his death
was mostly debted to the said David
Coons in the amount of thirty six
hundred and eighty four 18/100 dollars, by the amount
of interest that had accured on the claims from
the time of said Duty, death till the time of
the allowance of the demands in the County
Court in favor of said David Coons
And this defendant further answering, utterly
denies each and every charge, allegation or
insinuation of fraud against him in relation
to the destruction or suppressing of any note
or receipt or other valuable paper or evidence
of debt belonging to said Duty or in his possession
at the time of his death as in said bill
set forth, and says that all the said charges
are false:- That on the night of said Duty's
death, Braxton , one of the complainants came
to the house where this defendant and though
Gallagher lived, and told this defendant
that the said Duty was dying or dead and
requested this defendant to return
with him to the house of said Duty- That
this defendant and the said Gallagher
being then in bed, immediately rose, and
to the house of said Duty and arrived
there at about the hour of twelve o'clock
atnight, where he found that
said Duty was dead- That he examined the
corpse and observed that it looked very
dark and that there were other remarkable
appearances about it- That he questioned
such of the complainants as were present
minutely as to the cause of said Duty's
death, and was informed by them that he
had been a little indisposed for a day or
two and had taken the day before
and drunk cold water on that day and
died very suddenly. That after having made
the said examination and inquiries and
such provisions for the shrouding of the corpse
as the circumstances required, the said Preston
pointed out to this defendant the trunks
and personal effects of said Duty
in the house and requested this defendant
to take charge of the same that said Gallagher
also requested this defendant to take possession of the
same; That this defendant and said
Gallagher then proceeded to examine
the papers and contents of the trunk in the
presence of the complainants and all
others who were present in the house at
the time, and took a memorandum
or inventory of the amount of money and
papers found - that the trunk containing

the papers were not locked, and all of the papers
and contents of the trunk were examined
by said gallagher with
this defendant at the time and before this
defendant took possession and charge thereof
That no receipt note evidence of debt, memo-
randum or valuable paper of any kind whatsoever
belonging to, or found among the
affects of said Duty, was ever destroyed
torn up, abstracted, or suppressed by this
defendant or by anyone else to his knowl-
edge, but on the contrary this defendant
has accounted to the county court and
probate court for every dollar of money
and every note, evidence of debt,
claim, debt and every article of personal paper
that ever come to his hands or possession
belonging to or found among the effects of
said Duty at the time of his death or since
and this defendant further says that he had
no knowledge of the existence of the will of
of said Duty at the time the letters of
administration were first taken out by
him, nor until about the time a copy of the same was
presented to the county court for record

And this defendant further answering
says that previous to the ninetenth of September
a.D 1839. demands were allowed in the county court
of St Louis County against the estate of said Duty and
placed in the fifth class to the amount of seven
thousand eight hundred and sixty one dollars and
three cents- That between the date last mentioned
and the eighteenth day of September A.D. 1841 demands
to the amount of three thousand six hundred and
thirty one dollars and seventy three cents have
been allowed in said court and in the probate court against said
estate and placed in the sixth class- that
since the last mentioned date, additional
demands amounting to nineteen hundred
and eighty six dollars and forty seven cents
have been allowed in said probate court
against the estate of said Duty and plead
in the seventh class That making in
all the sum of thirteen thousand four hundred
and seventy nine dollars and twenty three
cents, same of which said demands bear interest at the
note of ten percent per - that by
orders of the said probate court he has
said ninety per cent upon the demands
allowed in the fifth class That the balance
due and unpaid upon the demands allowed as
aforesaid with the intreset due there on
after deducting the ninety percent paid as
aforesaid upon the demands in the fifth class-
amounts at this time to about
eight thousand dollars - That he, this defendant
had in his hands on the last December term
of the probate court and has now, of effects belonging
to the estate of said Duty, only the following
eleven hundred and forty one 73/100 dollars in cash
notes due and to become due for hire of slaves up to
the fifteenth of July next (AD. 1843) twenty five
hundred and sixty four dollars and one cent
- notes against persons in the state of Mississippi
to the amount of forty nine hundred
and ninety five dollars and ninty three cents
The complaintants, slaves belonging to the

he has used every execution to collect the money
due on the said notes against persons in Missisippi
and has not been able to realize any
, on account of the of the
- That he is convinced from
the effects and inquiries he has made, that
nothing can ever be realized out of any
of the said notes against persons in Mississippi
in his hands, amounting to the sum of
four thousand nine hundred and ninety
five dollars and ninety five cents, and that
nothing could have been collected by any
means upon the same at any time since
this defendant became the administrator
of said Duty - that the names of the makes
of said notes will appear by reference to
the Copy of the inventory contains
in said transcript- that a portion of
the said last mentioned sum consists of
notes against the said John & William Henderson
resideith of the state of Mississippi to the amount of three
thouand two hundred and twenty seven dollars
and sixty seven cents, which sum was duly accounted
for and adjudicated upon under a plea of
in the said suit of said Hendersons
against this defendant a administrators
of said Duty's Estate, in which judgment
was obtained in favor of the said Hendersons
as aforesaid in the St. Louis Court of
common pleas and this defendant
further states that he is infomed and believes
that nothing will ever be realized out of any
of the said notes due in the state of Mississippi
delivered by this defendant to the administrator
of said Dutys Estate in the state of Mississippi
as above stated-

and this defendant further States that of the
amount of notes above stated to be in his hands
uncollected for hire of negros amounting to
twenty five hundred and sixty four
dollars, there must be deducted the sum
of nine hundred and sixty five dollars which
cannot be collected on account of the
of the makers - and this defendant
further States that since the appraisement of
the slaves belonging to the Estate
of said Duty of the sum of seven thousand
seven hundred and twenty five dollars, the
value of slaves has depreciated from
thirty to fifty per cent, and the
value of their hire in about the same
proportion - he believes from the
information he has, that all of the said
slaves could not be sold now for more
than five thousand dollars - That the hire
of said slaves for the year ending the twenty fifth
of August eighteen hundred and forty
amounted to twenty five hundred and seventy four
dollars - and for the year ending the 25th of August
eighteen fourty one, to the sum of twenty two
hundred and seventeen dollars - and the hire
of the said in the month of July
last by order of the probate court for the year to end on
the fifteenth of July next A. D. 1843amounted
to only eleven hundred and twenty nine dollars
and fifty cents - That the State, County & City

tax upon said slaves paid by this defendant
to seventy dollars -
This defendant therefore states that if to the amounts
of demands allowed against said Estate now un-
paid amounting to the sum of eight
thousand dollars as aforesaid he added the sum
of five hundred dollars admitted in said Bill
as in special legacy in the will of said Duty
to one Joel L. Anderson, which is
not yet paid, and also the sum of five
hundred dollars for commisions to this defendant
and other expenses of the administration
yet to accrue, there will remain the sum
of nine thouand dollars to be yet
paid out of the assets in the hands of this
defendants administrator of the said Duty's
Estate - and this defendant believes that the
amount will in fact exceed this estimate-
To much which demands this defendant has
as stated, cash to the amount of
Eleven hundred and forty one dollars and seventy
three cents - notes which will probably be avail-
able for the hire of the said slaves
up to the
fifteenth of July eighteen hundred and forty
three (after deducting the bad notes as above
stated) to the amount of fifteen hundred and
ninety nine dollars - making in all the
sum of twenty seven hundred and forty dollars
and seventy three cents, as the only assets payed
means belonging to the Estate
of the said Duty, which will be available
on the fifteenth day of July eighteen
hundred and forty three,
apart the
value of said slaves, to satisfy the said demands
amounting to nine thousand dollars to that
at the date last mentioned, there will remain
about the sum of six thousand two hundred
fifty nine dollars and twenty seven cents of
demands against the said Estate to be
paid either by the sale or the
proceeds of the hire of said slaves
being no other resource if the foregoing
statements and estimates be correct, as this
defendant believes they are, the
proceeds of the sale of said slaves at this or
at any reasonable time hereafter, would
be insufficient to satisfy all the demands
against said Duty's Estate - and if the
last hiring of said slaves for the year
which is to end on the fifteenth of July
eighteen hundred and forty three as
above states for the amount of Eleven hundred
and twenty nine dollars and fifty cents, be
as considered the was value of their future
annual hire, and the sum of seventy dollars
be deducted therefore for the taxes as
above stated, and also the amount of interest
annually accuring on the balance
if demand unpaid, would be but
between six and seven hundred dollars per
realized to go in liquidation of
the said balance of said demands against
the Estate, long since and for
which the creditors are now

this defendant to
and this defendant further states that
David Coons , one of the defendnts to that
the said Bill has departed this life since
the of their suit, and that said
David Coons hasever since
the commencement of their suit and
up to the time of his death, been in capable
from mental and bodily informity of
answering the the said will of copmplaint-
And still defendant utterly denies
all found knowledge of found
or whatever
wherewith he stands charged in the said
bill of complaint, and says that each
and every such charge is false-

This defendant having fully answered
the said bill of complaint, prays that
the injuction granted to postpone the
sale of the said slaves belonging to
said Duty's estate may be dissolved
and that the said bill may
be dissolved and that he may be
discharged with reasonable costs

State of Missouri
County of St Louis

I, George W. Coons
being duly sworn on oath say that the mother
and things stated and contained in the
foregoing answer so far as they depend
upon my own knowledge are true
and as for as they depend upon
information derived from others, I believe
them to be true

sworn to and subscribed
before me this fifth day
of May A.D. 1843.

Answer of George W. Coons
admr of Duty-

Gamble and Walker
Attys for Deft

filedMay 5. 1843

J Ruland Clk

Exceptions to the answer of
Geo.W.Coons

F.W.Risque for
complainants

Filed May 9,1843

J Ruland Clk

In St. Louis Circuit, sitting as a Court of Chancery,
November Term 1841

The exceptions taken and filed by the afore
said complainants to the answer of Geo.W.Coons ,
administrator of the estate of Milton Duty deceas
ed, one of the defendants in this case:

First. For that the said Geo.W.Coons has not set
forth in his said answer whether or not the
said Duty, on the 26th day of October A.D.
1836, made and published his last will
and testament nor whether the said will
was proven before the Probate Court of Warren
County , in the State of Mississippi , on the day,
in said Bill alleged - nor whether John J .
Guion and David D . Gibson were the ex
ecutors named in said will - nor whether
said executors having refused or neglected
to qualify as such, at the time mentioned
in said Bill, one Henry Fernandes was
appointed and qualified as administrator.

Second. For that said Geo.W.Coons has not
answered whether or not said will of said
Duty contained the directions in regard to the
disposition of the estate of said Duty, the payment of his
debts, the sale of certain slaves in said
will mentioned for the payment of said
debts, nor whether said last mentioned
slaves have been sold for that purpose
before the removal of said Duty from the State
of Mississippi - nor whether all of your orators
and oratrices, not otherwise disposed of,
belonging to said Duty on the
day of his death, were to be set free and
manumitted and sent to the State of Missouri
by the provisions of the said will - nor whether
the only specific legacies made by said will
are and were as is particularly specified
and set forth in said complainants Bill
of Complaint

Third. For that the said Geo.W.Coons hath not
answered and set forth whether or not said
Duty, in his lifetime, made one David Coons
in said Bill of Complaint mentioned, his
financial agent, and paid into the hands
of said David all money arising from the
hire of your orators and oratrices, as he received
the same and also money derived from other
sources.

Fourth. For that said Geo.W.Coons has not
set forth in his said answer
whether the said Duty had any
use for money except in the pork business,
and for his personal expenses, and whether said Duty did not execute
to said David Coons his notes or due bills for the
sum of between three and four thousand
dollars, or the greater part thereof.

Fifth. For that the said Geo.W.Coons has
not set forth whether or not the said
Duty did not receive the proceeds of the
sales of his pork sent to the South princi

pally in notes of the Banks
of the State of Mississippi , with which
some time in the month of 1837 he
returned to St.Louis , and immediately there
after, paid the said Mississippi money
amounting to three thousand dollars or
upwards to the said David Coons , at a
discount of about 15 percent and whether
the said payment together with the hire of
your orators and oratrices and other money
afterwards received and deposited in the hands
of the said David Coons did not extinguish
all the claims of said David for money ad
vanced on account of pork, and did not
leave a considerable sum due to said Duty
at the time of his death - nor whether the
said Duty took up his notes at the time
he paid to the said David the said Mis
sissippi money, as aforesaid, or took any
receipt therefor, or for any money deposited
as aforesaid.

Sixth. For that the said George has not sufficiently set
forth whether or not the said notes
executed by said Duty to said David
Coons , for the sum
of between three or four thousand
dollars, as above stated, were made
use of again in the hands of the said
David to establish large claims against
the estate of said Duty after his death.

Seventh. For that said George has not set
forth in his said answer whether or
not the said George is the son of Said
David Coons , and whether said Hugh Gal
lager and said George at the time of the death of the said
Duty were both in the employment of
the said David Coons .

Eighth. For that the said George has not set forth
whether or not he said George did on
the night of the death of said Duty,
order one of your orators, Preston , to
bring to him said George the trunk con-
taining the papers and money of the said
Duty, and whether or not he did in the
presence of the persons, charged as having
been present in said Bill, tear up and
destroy a number of said papers, and take away others with him - nor whether
the said George did not at the said time
receive from one James Adams an
indignant remonstrance against such
illegal conduct, and whether the said
George did not reply that he could
not help it, nor whether the said George
did not immediately thereafter take
out letters of administration on said
Duty's estate, and whether or not among
the first claims brought forward
and allowed by the St.Louis County
court were those of his father the
said David Coons amounting to the
sum of $3683, 68 1/2

Ninth. For that the said George does not in
his said answer sufficiently set forth, whether
or not the pretended claims of said David Coons established
in said County Court , as aforesaid,

against the estate of said Duty, are
not wholly iniquitous and , and
whether or not the same are now brought
forward and supported on papers illegally
obtained.

Tenth. For that the said George has not set
forth in his said answer whether or not
he did obtain an order from the County
Court of St. Louis County to sell your
orators and oratrices as slaves for life,
and whether the said order was set aside
by said Court of St. Louis County, on
the 24th of June 1839, and whether
the will of said Duty was then admitted
to record by said County Court , and
the said George then ordered
by said County Court to hire out your
orators and oratrices.

Eleventh. For that the said George has not sufficiently set
forth in his said answer whether or not
the claim of Robert Strong against the estate
of said Duty, for $1300, the amount of a
penal bond, and for $90, the amount of a
note purporting to be executed by said Duty
and the judgement obtained by the Planters
Bank of Mississippi against the estate of
the said Duty, and the claim
of John and William Henderson against the
said estate, are unjust as charged in the
Complainants Bill.

Twelfth. For that the said George has not set forth
in his said answer what efforts have
been made by him for the collection
of the notes due to the estate of said Duty
from persons residing in the State of Missis
sippi.

Thirteenth. For that the said George hath not
in his said answer either admitted or de
nied that he obtained an order from
the Probate Court of St.Louis County to
sell all of your orators and oratrices ex
cept Preston, Braxton, and Mary , as slaves
for life, on Tuesday the 12th of October 1841.

and because the answer of the said George
is evasive, uncertain, and wholly insufficient.

F.W.Risque, attorney
for Complainants.

In St.Louis Circuit Court sitting
as a court of Chancery.State of Missouri .
County of St. Louis .

Braxton one of the above
named complainants being duly sworn, on
his oath says that he verily believes that
that portion of the answer of George W .
Coons in which he states that he has used
every exertion to collect the notes due to
the estate of Milton Duty, deceased, from
persons residing in the State of Mississippi
but that no portion thereof can be colleted
or could, at any time since the appoint
ment of said Coons as administrator,
have been collected - is untrue, that
affiant accompanied said Duty on his
last trip to the south prior to his death,
that affiant knows that most if not
, all the persons who were indebted to said
Duty were at that time men of property
some of them men of large property, that
he has often heard his late master said
Duty say that he could collect what
was owing him in the south in the
next fall, to wit: the fall of 1838,
and that he would do so, and would
then purchase some land in Soulard's
Addition in the city of St. Louis , and
would erect cabins for his negroes
so that in case he died they might
have homes. Affiant had conversation
with a Mr. Egbert Sessions, about three
years since, a gentleman who then resided
and, as affiant believes, still resides
in Warren County in the State of Mis
sissippi, in the neighborhood of most
of the persons who were indebted to
said Duty, and affiant was inform
ed by said Sessions, during said con
versation, that the debts owing to said
Duty in the South were most if not
all of them owing by solvent men
and that the same could be collected.
Affiant also conversed with a Mr.
Joel F. Anderson about a year since who was a brother
in law of said Duty, and who resided
in Warren County in the State of Mississip
pi, and was an overseer on the plant
ation of said Duty in said State,
and affiant was informed by said
Anderson that he had come to St .
Louis to get the Mississippi notes to
take South with him to collect, that he said Anderson was aston
nished that said notes had not been
sent South for collection, that he
believed most of the money due to
the estate of said duty in Mississippi

could be collected, except perhaps
owing by a few persons who has failed
said Anderson informed affiant that
he thought said Duty was owing no
debts in Mississipi when he died.
Affiant further states that he believes
he can prove by the testimony of said
Sessions and said Andersons, as well
as by the testimony of other witnesses
whose evidence he will be able to
procure by the next term of this
Honorable Court, that the portion
of said Geo. W. Coons' answer before
mentioned is not true, and that
said Mississipi debts might have
been collected had proper exertions
been used, and might probably
now be collected, or the greater part
thereof might; that the affiant
has not been able to procure
such testimony since the coming
in of said Coons' answer, but
that his counsel in this case is
now on a trip to the South for
the purpose of procuring that and
other evidence to be used on the
trial of this cause, and furthermore
this affiant saith not

his X
mark Sworn to & subscribed before
me this 13 May 1843
J.Ruland Clk
by G.H. Pritchart

Affidavit of Braxton .

filed May 13, 1843. J.Ruland clk

Additional answer
of George W. Coons
admr. of Duty.

Gamble &
Walker. Filed May 15.1843. J. Ruland Clk.

In the St. Louis
Circuit Court
in Chancery
Nov. Term 1841

And the said George W. Coons , administrator
with the will annexed of Milton Duty deceased
for further answer to such of the
complainants bill of complaint, as were
adjudged by the court not to have been
sufficiently answered to by him says - that the
said Duty in his life time did not to the
knowledge of their defendant make the said
David Coons his financial agent, except
upon one occasion during the absence of
the said Duty upon business in the state
of Mississippi when this defendant is
informed and believes that the said
Duty made the said David Coons
his agent for the sole purpose of the
superintending his slaves, providing for
their wants, and receiving the moneys
which the complainent Preston might
pay over for the hire of the said
slaves That the said Duty did not pay
into the hands of the said David Coons
all moneys from the hire of the com-
planiants as he received it, nor among
except such so much as
was necessary for the ordinary expenses of
said Duty, as in said bill - And
this defendant does not know whether or not
the said Duty had any use for money
otherwise than for his ordinary expenses
except when he was engaged in the pork
business, and if the fact he , he requested
proof of the same
And then defendant further states that
he does not know whether or not the said
Duty ever received the proceeds of the sale of
said pork in the notes of the Banks of
the state of Mississippi nor in what
funds he ever did receive the same or
any part thereof, if he ever did receive
any of the proceeds of said sales - But
this defendant is informed and believes
that the said Duty did not receive
any of the proceeds of sale of said
pork on his visit to the state of
Mississippi in the spring of the year
1837 before stated -And
this said Duty did not on his return from
said state in St. Louis in the month of
in the year eighteen hundred
and thirty seven, nor immediately
there after pay any Mississippi money
received by him for the proceeds of the
sale of his pork to the said David Coons
at a discount of fifteen percent, or at
any other discount. But this defendant
says, as he has in his answer before stated-
that the said Duty on his return from
the state of Mississippi did return to the said
David Coons between three and four thousand
dollars of Mississippi money belonging to
said Coons and this defendant says

making any payments or payment
his notessaid bill
alleged, but presumes that he did so
for as payments on account thereof
were made- And if the fact be other-
wise, he requires proof of it, nor does
this defendant know whether the said
Duty took receipts for any Missis-
sippi money paid to said David
Coons or not- nor whether he took
receipts for money deposited with
said David Coons , if any was deposited
or not- but if the facts be material
this defendant requires the same to
be established by proof
And this defendant further states that he has
no knowledge that any notes executed
by said Duty to said David Coons for
the sum of three or four thousand dollars
or any note or notes for any other sum or
sums were ever made use of after having
been paid or taken up by said Duty, to establish any
claim or claims in favor of said David
Coons or any one else against the Estate
of said Duty after his death
but if the fact be so, this defendant
requires the same to be proven-
nor does the defendant know that
any receipt if any were ever given by
said David Coons to said Duty for any
note or notes or for any money deposited
at any time by said Duty with said David that it is possible but he does not know the fact-that the said Duty may
have paid the said David
Coons on or after his return a portion of the amount due to him
from said Duty out of the money which
this defendant as mentioned and believes
the said Duty obtained from the
Bank at Vicksburgh- but how much
money if any, or in what kind of funds,
said Duty paid, if any, this defendant
does not know and if the fact be material
he requires proof of the same- And this defen-
dant
denies that the money so paid, by said
Duty after his return from Mississippi
if any was paid, with the bill of
the complainants and money deposited
with said David Coons , extinguished
all the claims of said David Coons
against said Duty for money advanced
on account of the said pork business
and says that,no balance as he is informed
and believes was due to said Duty
from said David Coons at the time of the
death of said Duty- And if the fact be
otherwise, this defendant requires the
same to be established by proof
And this defendant further states that he
has no personal knowledge whether or not
the said Duty paid the said David Coons
any Mississippi money nor
whether the said Duty, at the time of

Coons , was ever destroyed or suppressed by any
one at any time before or since the death
of said Duty- nor does this defendant believe
that any such receipt has ever destroyed
or suppressed by any one -
And this defendant further states that he did not on the of said Dutys wealth the complainant
Preston , or any one else to bring him the trunk
of said Duty containing the papers and
money of said Duty, as in said Bill
charged, but the said Preston pointed out
the trunk without being asked and brought
the same to their defendant on the said
night efore being requested so to do-
And this defendant further says that he
does not know nor does he believe
that he tore up or destroyed, on the night
of the said Dutys death any paper or papers
of any kind whatever, as in said
bill alleged, either in the presence or absence of
the complainants or of any other person or
persons present in the house of said
Duty at the on the night of his death
as in said Bill alleged
And this defendant
utterly denies ever having heard or received
from the said James Adams or any
one else on the night of the death of said
Duty or at any time, any
against his conduct as charged
in said bill or of ever having replied that he could not help it- And this defendant admits
is to be true that he did on the night of the
death of said Duty, after an examinationof the said papers as before stated in his
answer, take and carry away the said
trunks and all the papers of said Duty,
except some worthless envelopes and pieces of
blank paper, which may have been left
upon the floor where the said examination
was made, but whether or not any such
were left there, this defendant has no
recollection or knowledge
this defendant says he was
away the trunks and papers on the said night
because he did not think it safe or proper for
the papers and money to remain
in the trunks neither of which had any lock
or key in the house of said Duty-
said Duty having
no white persons in his family and his
house and household affairs being
soleyin charge of the complainant-
This defendant also admits that
he became the administrator of said
Dutys Estate immediately after the death
of said Duty, and thus among the
first claims allowed against the
estate of said Duty were those of the
said David Coons , amounting to the
sum of thirty six hundred and sixty five dollars
and twenty eight cents and a half, or will
appear on the transcript of proceedings in
the probate court heretofore filed
and made part of his answer-
And this defendant further says-
that the said claims allowed in

of the said David Coons against said Duty's
Estate are not, nor is either of them, to the
best of his knowledge and belief in any
manner false, or unjust
nor are the same or either of them
to the best of this depondant's knowledge
and belief brought forward and sup-
ported on only papers illegally obtained and if the fact be otherwise, it is
wholly unknown to this depondant
and he requires the same to be
proven-
And this defendant further states and
admits that he obtained an order from the
county court to sell the complainants
as slaves for life and that said order was
set aside, and the will of said Duty
admitted to record by said court, and
that thereupon this defendant was
ordered by said court to hire the complain-
ants as in said bill alleged- thus defen-
dant further days that he has no knowledge
of the of the claims of Robert
Strong the estate of said Duty
for thirteen hundred
of the said bond, of the
claim of said Strong in the said note
for ninety dollars, nor of the of
the claims of the Planters' Bank of
Mississippi and of the said John
and William Henderson against the Estate
of said Duty, except from the evidence
in court in support of said claimsand from the statements of some of the
complainants made to him in respect
to said claims. This defendant says that
he was informed by the Preston, Braxton and
that the claim of said Strong on
said bond,
was for thirteen hundred dollars which
was mostly due from said Duty to David
Strong for the
slave which said had bargained
to deliver to said Strong in exchange
for a certain slave which said Stong
had delivered to said Duty according
to the agreement and bargain for
exchange between said Duty and said
Strong- said Duty having failed to
deliver the slave to said Strong- which
by his agreement he was bound to do-
and this said slave which said Duty
was bound to deliver was at the time
same was to have been delivered
with thirteen hundred dollars-
and that the evidence addressed
in court in support of said claim
this statement of the com-
plainants in respect to the said
bargain and the value of the slave-
This defendant further says that
the said John and William Henderson produced
in court an account current, with the
said Duty upon the trial of some suits,
and by proof deemed by the court
sufficient established their

claim by and the said Duty's Estate for the amount
in said judgment specified, after allowing
due credits for the amount of the notes
specified in the inventory in said transcript
of proceedings in the probate
court-and that said claim
against said estate in favor of the Planters
Bank was upon a judgment rendered
against him as administrator
of said Duty's estate in the St. Louis
Court of Common Pleas- that the evidence addressed in the trial was
by the court sufficient to cause a judg-
ment he rendered for the amount
specified in the said transcript from the
probate court- and this defendant
has no knowledge as to the
claim
but this defendant believes that all of the claims above particularly mentioned, and debt other claims
allowed against the said estate are just and
and legal- And if the fact be otherwise
he requires the same to be proven
And this defendant further states that as to the
situation of the said notes due form persons residing in the
state of Mississippi , and the efforts mad by him
to collect the same, that at the time of the death
of said Duty the notes held by him against the
said John and William Henderson of Vicksburgh,
amounting to thirty two hundred and twenty seven
dollars and sixty seven cents had been placed
by said Duty in his lifetime in the hands of Guion ,
and Marshall , attorney of law in Vicksburgh

against persons residing in the state of Mississippi
were upon notes amounting to two thousand
and seventy dollars and eighteen cents, against
John Harris for the sum of fifty
dollar- Reuben Gibson for nine hundred dollars
for fifty dollars, John F. Guions
for three hundred dollars, Joseph Duncan for
one hundred and sixty eight dollars and twenty six
cents and, Thomas Galloway for six hundred
and one dollars and ninety two cents, makes
residing in Mississippi were in the possession
of said Duty at the time of his death and
were received by this defendant as
administrator- This defendant
immediately after the death of said Duty
exhibited said notes to persons from
Mississippi and to particularly to
Mr. Duty, a brother of the said Milton
Duty, who was acquainted with the said
notes and their circumstances- that
this defendent was then informed by
the said brother of the said Milton
Duty- that all the said makeers were
and that nothing could be made
and of any- of them and that it was
useless to go to the expense of suing upon
said notes- that he made other inquiries
of persons with said acquainted with
the circumstances of the said
and received the same information, which
he believes to be true- that thereupon, as
soons as he that for collection and have remained
there ever since- That this defendant has a receipt
from said attorneys for said notes given by them
to said Duty, dated at Vicksburgh
of May 1838 this defendant
has corresponded with said attorneys, and
has urged upon the prompt collection of said claims- that he has been informed
and believes it to be true, by said attorneys
that suit has been brought against said
Hendersons upon said notes, that there
was a failure to anything by
reason of a set off pleaded and sustained
by said Hendersons against said notes-
that the notes held by said Duty at the time of his death against T. Evans,
S. Stephens, S. Fletcher, F. Banfield, S. Fletcher, W.
Allen of Mississippi amounting to twenty one hundred and thirteen
dollars were placed by said Duty in his lifetime
in the hands of- Harrison an attorney at law
in or near Vicksburgh in the state of Mississippi for collection, where
they have remained ever since, and that this
defendant has the receipt of said Harrison
for said notes given by him to said Duty in the lifetime of Duty, but
has never hand any of said notes in his
possession- that he has corresponded with
said Harrison and urged upon him the
collection of said notes- that his is informed
by said Harrison that they have been put in suit, and judgments
received onif not all of them- but
that nothing has been or can be realized out
of the makers because of their insolvency-
all which this defendant believes to be true-
that the balance of the claims

was appointed administrator de bonis non
with the will of annexed of said Duty in the state
of Mississippi , he delivered the said last mentioned
notes in the hands of said Anderson as adminis
trator, said that he is not informed whether An
derson has sued upon any of them or not-
but presumes he has not, for the reasons before
stated of as to the insolvency of the makers
thereof - This defendant utterly denies that
he has been guilty of any negligence in
respect to the collection of any said
notes due by residents in the State of Missis
sippi, but says that he has used all
the diligence which he was bound to use-
and that nothing could have been made
out of said claims by any efforts or
legal process since the death of said Duty-
to the best of his knowledge and belief-

State of Missouri

County of St. Louis
Geo W. Coons adminss

Personally appeared
in open court George W. Coons , who being
duly sworn on oath says that the facts
set forth and Stated him in the foregoing
answer so far as stated to be within his own knowledge
on time, and so far as stated to before
information derived from others, he believes
the same to be true

Geo W. Coons admin. sworn to & subscribed
in open Court this 1st
day of may a.d. 1842
W. Ruland clk

In the St. Louis Circuit Court in Chancery sitting:

The replication of the
said complainants, to the separate answers of
George W. Coons , administrator oc. of Milton Duty,
deceased, and Henry Chouteau , surviving partner
of the late firm of Reiley & Chouteau , to the
complainants' Bill of complaint:

These repliants
saving and reserving to themselves all and all man
ner of advantage of exception which may be
had and taken to the manifold errors, uncer
tainties, and insufficiencies of the said an
swers of the said defendants, for replication
thereunto say that they do and will aver,
maintain and prove their said Bill to be
true, certain, and sufficient in the law to be
answered unto by the said defendants, and that
the said answers of the said defendants are
very uncertain, evasive, and insufficient in the
law to be replied unto by these repliants;
without that, that any other matter or thing
in the said answers contained material or
effectual in the law to be replied unto, and
not herein and hereby will and sufficiently
replied unto, confessed or avoided, traversed
or denied, is true; all which matters and
things these repliants are ready to aver, main
tain, and prove as this Honorable Court shall
direct, and humbly pray as in and by their
said Bill they have already prayed.

F. W. Risque,
Atto. for Complts.

Replication

Filed May 17.1843
J. Ruland Clk

St.Louis Circuit Court In Chancery
April Term 1843

Robert Strong one of the above named
defendants, Causes and reasons to himself all manner of
benefit and advantage arising from the manifold errors
untruths uncertainties & insufficiencies in the said compl
ainants bill, for answer thereto or to so much of said
bill as he is advised is material for him to answer unto
for answer says, that he this respondent has no knowledge
whatever of the dealings between said David Coons nor said
George W.Coons with said decidant nor has this respon
dent any knowledge of the , between
said Coons & said Milton Duty This respondent has
no knowledge of any found on the front of said George W Coons
or any other person to swindle or defraud said decendent in
his lifetime nor his Estate after his decease and this respond
ent most positively states that he this respondant never at
any time or consulted with any person wherever
to defend said . This respondent states that the claim
of the respondent allowed by the probate court of St. Louis county
state of Missouri is equitable & just in all respects and that
said Coons & note which were allowed in form of This respon
dent against the estate of said Decd, was at said true honest
and justly due to this respondent that no part of the same has
ever been paid but the whole amount of each still remains
due & owing to this respondent, all of which this respondent
made manifest before the probate court aforesaid
which court being satisfied that the same were
just ordered the same should be allowed aga
inst said estate of said Duty, all of which
will move fully appear reference being had
to the record of said Court of probate aforesaid
which said record is prayed to be taken as a
part of the answer, this respondent having
answered all that it is deceased material for
him to answer prays that said bill or to him
may be dismissed and this respondent
discharged with his expenses &

F.B. Henderson sol
for Strong

state of Mississippi
claiborne county

Robert strong one of the above respondents came personally
before the undersigned Fredrick & poore clerk of the
probate court of the county of claiborne aforesaid and
being by me first duty sworn deposes on each
that this facts an honest in the foregoing answers are true.
In witness whereof I have hereto sub-
scribed my name & caused the seal of said probate
court to be hereto appeared this 25 july 1843

Fredr Poore Clk

St.Louis Circuit Court

Answer of R Strong

Jh. Braxton
Sol for strong
Filed August 9: 1843
J. Ruland

State of Mississippi
Claiborne County

J William M Randolph presiding
Judge of Probate court of the county of Claiborne
do hereby certify that Frederick J.Poore whose name
is subscribed to the foregoing certificate is the clerk
of the Probate Court of the County of claiborne and
was at the date of his
said certificate is in due form of law.
Given
under my hand & seal this 25 July 1843.

William M. Randolph
Judge

To the Honorable the Circuit Court of St. Louis County

sitting as a court of Chancery the petition of Preston
Braxton, Mary and others respectfully represent that
a suit is now pending and undetermined in this court
wherein they are complainants, and George W. Coons
administrator of Milton Duty deceased, David Coons
and others are defendants.
Your petitioners further
represent that the said David Coons departed this
life on the day of March 1842 without
having filed his answer to the bill of your peti
tioners aforesaid and that the death of the said
Coons has been duly suggested in the Honorable
court.
Your petitioners further represent that
Mary Coons widow of said David was appointed Exe
cutrix and Andrew Christy executor of the last
will and testament of the said David Coons
deceased and have taken out letters testamen
tary upon the said Estate from the Probate
Court of the County of St. Louis , your petitio
ners therefore pray that a Summons in the na
ture of a scire facias according to law
against the said Mary Coons executrix and
the said Andrew Christy executor of the said
David Coons deceased to revive the said suit
and your petitioners as in duty bound will ever pray .

Preston Braxton
& Mary & othersby F.W. Risque their
Solicitor.

No. 871 St. Louis Circuit
Court Nov. Term 1843.

Petition

Filed Nov. 4th 1843.
Jno Ruland Clerk.
Copy 22a
Sci:fa:50.

County of St Louis , Sct.
The State of Missouri ,
To the Sheriff of the County of St. Louis ,
Greeting,

Whereas, Preston, Braxton, Mary and others,
filed their Bill in the Circuit Court of St. Louis County In Chan
cery sitting, against George W. Coons administrator of Milton
Duty deceased, David Coons and others, which said Bill
still remains pending in our said Court; and whereas it hath been suggested to us that since the
filing of the said bill, David Coons , one of said defendants, hath
departed this life and that Mary Coons widow of said deceased
has been appointed Executrix and Andrew Christy Executor of the
last will and testament of said David Coons deceased, and have
taken out letters testamentary on said Estate from the Probate
Court of the County of St. Louis .
These are therefore to com
mand you that you summon the said Mary Coons Ex
ecutrix and Andrew Christy , Executor of said David
Coons deceased, that they be and appear at the next
term of our Circuit Court to be held on the third Monday
of November at the City of St. Louis within and
for the County of St.Louis , then and there to answer &
defend the suit of said Preston, Braxton, Mary & oth
ers; and have you then there this writ with your return
thereon how you execute the same.

Witness, John Ruland , Clerk
of our said Court, with the seal
thereof hereto affixed, at office,
in the City of St.Louis , this fourth
day of November, Eighteen hun
dred and forty three.
John Ruland Clerk.

No. 871.
St. Louis Circuit Court
In Chancery
November Term 1843.

Sci Fn:

Sci Fn: against Exx & Exr
of David Coons decd

F.N.Risques Solr
M.Coons. 4th nov.
A christy7 nov.

Executed this writ in the County of
St. Louis by offering to read it and making known
the contents thereof to Mary Coons on the 4th
day of November 1843 and to Andrew Christy
7th day of November 1843 which they
said defendants each refused to hear
read and by delivering the certified
copy of the Petition furnished with
this writ by the Clerk to Mary Coons
on the said 4th Nov. 1843.

William Melburn Shff
By Hennry B Bill Depty Service $200

State Of Missouri ,
Country Of St. Louis ,ss

On this 20th day of Nov. in the year of our Lord,
one thousand eight hundred and forty three before me Benjamin F.M Henry
a justice of the peace for the county aforesaid, personally appeared Charles
G.Ramsey and made oath that he is the publisher of a Newspaper,
printed and published in the City of St.Louis , called the St.Louis New Era,
and that the advertisement, of which the annexed is a copy, was printed and pub
lished in said Newspaper for eight weeks successively, commencing on
the18th Aug.1843 and ending on the6th Oct.1843 the first
publication being in No.121,Aug.18 the second publications being in No.127
Aug.25 the third publication being in No.133,Sept.1 the
fourth publication being in
No.139.Sept.8 the fifth publication being in
No.145Sept.15 the sixth publication being in No.151,Sept.22
the seventh publication being in No.157.Sept.29 the eight publication being in No.163.Oct.6

Sworn to and subscribed before me, the day and year aforesaid, Charles G Ramsey

Justice Of The Peace.

State of Missouri ,
County of St. Louis ,ssIn the St.Louis Circuit Court , in Chancery.
April Term, 1843---Tuesday. May 16, 1843

Notice to the defendants, Joel L. Anderson. David
Coons , M.W.Swing, J.L.Craft, F.Sweeney, John
M .Gleim, D.Gentry, Jesse Jones , James A .Shirley. the
President, Directors and Company of the Planters' Bank
of Mississipi, Robert Strong, H. Bozatte, John Hender
son and William Henderson.

The subpoena in this cause, having been returned by
the sheriff, that you cannot be found in his county, it is
ordered, that you be notified that said complainants have
filed a bill in chancery against you and others, the object
and general nature of which is for complainants to obtain
their freedom, and also to obtain specific and other lega
cies bequeathed by Milton Duty, deceased, to complain
ants and to enjoin George W.Coons , administrator of
Milton Duty, deceased, from selling said complainants,
until the further order of this court, or the determination
of this suit; and it is further ordered, that you said de
fendants, appear at this court at the next term thereof, to
be begun and held at the city of St.Louis , on the third
Monday of November next, and on or before the sixth
day thereof, answer or demur to said bill, or that the
same will te taken against you for confessed, and that a copy of this order be published according to law.

A copy.
Att.
Jno. Ruland . Clerk,
by W. H. Pritchartt. D. C .

Affidavit of Publication.

File Nov.27.1843
J Ruland Clk

except
David coons
Robrt Strong

they can be found in this city.
They also possess the
advantage of having a resident partner in New York ,
who will keep them constantly supplied with such an as
sortment as is now desirable in this market.

--Now In Store--

150 bales 4-4 Ir. Head, Lawrence C. Manchester,
Croton and Phoenix brown sheetings;

40 bales 3/4 and 7/8 brown sheetings;

20 cases bleached shirtings and sheetings:

10 do satinetts; 6 do kerseys;

8 do Kentucky Jeans;

10 bales Croton Osnaburge; 8 do brown drills;

3 cases blue drills; 4 do shirting stripes,

45 do fancy prints from 7 to 15c;

6 do blue &&; 10 bales red flannels:

4 bales white flannels; 6 do plaid

4 cases 3/4 Vt. Cloths, or Canada Greys, all wool;

2 do 6-4 Isabellines; 2 do 6-4 merinos;

2 do Alpare lustres: 1 do 3/4 col'd merinos;

10 bales ticks; 50 do cotton batts;

30 do candlewick; 4 do 8-4 Highland cloths;

2 so plaid coat linings; 1 do canvass;

1 do red padding; 2 cases 4-4 check;

2 cases cotton napking; 2 bales crash;

2 bales Russia diaper; 2 do Canton flannels;

3 cases American solid head-pins, large size;

13 do Willow cottage, Oriental, Modena, Flo-

In Chancery

The said complainants move the court
for a decree nisi against Robert Strong, one
of the said defendants, for default of answer of answer

F.W. Rique
for complts

In Chancery

motion for decree nisi
against Robt . Strong.

filed Nov. 27. 1843
J Ruland Clk

In the Circuit Court , for the County
of St. Louis State of Missouri .
on its Chancery Side.To
George W. Coons adr: H of Milton Duty decd:

You are hereby notified, that Depositions of Witnesses to be read in evidence in the above cause,
on the part of the complainants will be taken at the Tavern House
known as “Children's Hotel” and recently & probably now kept by
Glidewell in the city of Vicksburg
in the County of Warren and State of Mississippi on the twentieth
day of Novembernext between the hours of 8 o'clock in the forenoon, and 6 o'clock in the
afternoon: and that the taking of said depositions, if not completed on that day, will be continued
from day to day at the same place and between the same hours, till completed.

Preston, Braxton, & others By F.W.Risque their
Solicitor
St. Louis Mo
October 10th 1843.

I acknowledge service of the another notice.
October 11th 1843.

Geo W. Coons adr

County Of St. Louis ,Ss.
The State Of Missouri .
To any Judge, Justice of the Peace, or other Judicial Officer of the State of Mississippi
Greeting.

Know Ye, That we, in confidence of your prudence and fidelity, do, by these presents,
authorize you to cause to come before you, to be examined as witnesses in a cause depending
in our Circuit Court for the County of St. Louis , in the State of Missouri , wherein Preston,
Braxton and others are complainants
and George W.Coons administrator with the
will annexed of Milton Duty Deceased and others are defendant,s all
and every such person, and at such time and place, as shall be named to you for that purpose by the said complainants their

Attorney or Agent.
And we command you to examine all and every such person upon his
oath or solemn affirmation first made or taken before you, to testify the whole truth touching
his knowledge of any thing relating to the said matter in controversy between the said par
ties; and that you do take such his examination and reduce the same into writing.
When you shall have so taken his examination, you are to cause the witness to sign the same, and
to that and each examination, at the foot thereof, you are to append your certificate, setting
forth the facts that the examination was subscribed and sworn to or affirmed by the witness,
and the day, as well as between what hours of the day, on which it was done, as also the
place of residence of the witness, if known to you.
Should any paper or exhibit be pro
duced or proven, or be referred to by the witness, you are to describe the same in his exami
nation, or cause it to be so marked by him, as to establish its identity, and attach the same
to his examination.
The examinations thus taken you will cause to be accompanied by a
certificate of your official character, attested by the seal of State; or, should it be more con
venient, such authentication and proof of your official character may be made by the certifi
cate and seal of the clerk of any court of record of any county of the State, District or Ter
ritory in which you reside, stating also, in addition to the facts of his being clerk and that the
court is one of record, that, at the time when the depositions were taken, you were an acting
judge, (or other such officer to whom this commission is addressed,) and duly commissioned as
such.
And you will return the same and all exhibits produced to you, annexed hereto, care
fully closed up and under your seal, directed to the Clerk of the Circuit Court in and for the
county of St. Louis , Missouri , with the names of the said parties litigant endorsed thereon,
with all convenient speed.

Witness, John Ruland , Clerk of our said Circuit Court ,
at the city of St. Louis , this thirty first day of
october in the year of our Lord one thousand
eight hundred and forty three.
John Ruland Clerk C.C.
By David Ruland Deputy

I, Miles C. Folkes, Mayor of the city of Vicksburg ,
sole presiding judge of the Mayor's court in said
city which is a court of record, & ex officio
justice of the Peace & notary Public, in & for
the city of Vicksburg a county of Warren in the
State of Mississippi , do certify, that in pur
suance of the within commission & notice
came before me at the Childrens Hotel, recent
ly kept by Glidewell in said city of Vicks
burg, W.C. Smedes, James O. Harrison &
Egbert J. Sessions, who were there by me
sworn & examined & such examination
reduced to writing & subscribed by them
respectively in my presense & their
said Depositions are now herewith re
turned.

Given at the city of Vicksburg , in the
County of Warren & state of Mississippi
this 21st day of November 1843.
Miles C. Folkes Mayor Ls

It is hereby certified, that Miles C. Folkes, on the twenty first
and the twentieth days of November, in the year of our Lord, Eighteen hun
dred & forty three, was & now is, Mayor of the city of Vicksburg , in sole presiding Judge of the
Mayor's court in said city, which is a court of Record, & ex officio. justice of the Peace
& Notary, Public, within & for the city Vicksburg county of Warren & State of
Misissippi, duly commissioned & acting as such, & that full faith and credit
are due to his act, as such.

In testimony where of, I, Miles C. Folkes, clerk of the
said court have hereunto, subscribed my name & affixed the seal of
office, this 22nd day of November, Eighteen hundred and forty three.

Miles C. Folkes. Clerk

Deposition of witnesses produced, sworn & examin
ed at the Tavern House in the City of Vicksburg & the
County of Warren & State of mississippi, known as "Chil
drens Hotel” & recently kept by Glidewell, before me, Miles
C. Folks, mayor or said City of Vicksburg & the ex officio
Notary public & justice of the Peace, in a certain cause
now pending in the Circuit Court for the county of
St. Louis , State of Missouri , on its chancery side
between Preston, Braxton & others, plaintiff and
George W. Coons administrator & of Milton Duty
decd, on the part of the plaintiffs.

W. C. Smedes of lawful age, being produced
sworn & examined, on the part of the plaintiff
deposeth & saith.as follow:

I was acquainted with Milton Duty in his life
time, sometime in the year 1836.
I think, I wrote
his will, whereby he manumitted his negroes & if,
I recollect aright appointed Judge Jon. J. Guion of
This place his executor: afterwards, myself & Mr.
J. A. Marshall united with Judge Guion in the
practice of the law & M - Duty, I think in person,
put into the hands of Guion Smedes & Marshall
for collection, a note made by John Henderson H.
dated I think July, 23. 1837 - for $3227.67; Be
fore we bought suit upon this claim, M Duty
died, & Mr. Henry Fernandis of this county
who also is now dead, took out letters of ad
ministration of the goods of M. Milton Duty
& the suit was bought by us in his name as
administator & on the 8th day of May, 1839
we obtained judge in Jno. Henderson for about
$3797.16 M. William Henderson, was not
a citizen of this State but the record shows a judgment
against him also: An Execution issued upon - this judge
ment in favor of Henry Fernandis, The adminis
trator in M. Duty, against John Henderson to the
November Term 1839 of the Circuit Court of this
County, warren, upon which Execution was endor
sed by the administrator an order to stay
the Execution until further orders from him & it he
stood so ever since: This judgement so far as I
know is yet unsatisfied & no attempts in my
knowledge have been made to collect it, since the
just execution stayed, as above Stated by W. Fer
nandis.

W. C. Smedes .

The further talking of these depositions is adjourned until
this coming at 4 o'clock.

Miles C. Folkes, Mayor.

State of Mississippi
Warren County
City of Vicksburg

Childern's Hotel, not being able to
complete the taking of the aforesaid deposi
tions, by reason that James O. Harrison
desired to have a record examined, before
he testified, & the absence of some of the
other witnesses,
J. Miles C. Folkes, Mayor &
adjorn the further taking of the same till
tomorrow, then to be continued at the
same place, between the same hour
mentioned in the commission in

The above case to me directed, & the notice
annexed.
November 20th A.D. 1843.

Miles C. Folkes Mayor

Pursuant to the adjournment as above stated, on the
21st day of November, in the year Eighteen hundred
& forty three between the hours of Eight in the forenoon &
six in the afternoon at the said Childrens Hotel in said city of Vicksburg
I continued the taking of said depositions as follows. Viz:
W.C. Smedes the witness examined yesterday
continuing his deposition on his oath further deposes & says
that, the note spoken of above by him was
executed by John Henderson Mo, that that firm
consisted of John Henderson & William Hender
son, that William Henderson was at the time & is a citizen of
Louisiana & John Henderson of the State of
Mississippi .
That William Henderson since the
verdiction of the above named judgement has
been esteemed & regarded a solvent man
& money has been coerced from him by
execution since then thru the courts of
Louisiana , this note is the only one this
deponent ever received from Duty for
collection & he believes no steps whatever
have been taken to collect the amount
of the same out of Henderson, other
than above set out.

W.C. Smedes

I, Miles C. Folkes, Mayor of the City of Vicksburg , & ex
officio Justice of the Peace & Notary Public, do hereby certi
fy that W.C. Smedes the deponent, whose place of
residence is the city of Vicksburg , in the state of Mis
sissippi was by me sworn to testify the whole.
truth of his knowledge touching the matter in
controversy in the cause aforesaid; that de
ponent was examined, & his examination
reduced to writing & subscribed by said Depo
nent, in my presence, on the 20th & 21st day of
November, in the year Eighteen hundred
& forty three, between the hours of Eight
in the forenoon and six in the afternoon
respectively of each day, at the city of
Vicksburg , at the Childrens Hotel, recently
kept by Glidewell in said city in the
County of Warren & State of Missis
sippi.

Given & certified this 21st day of Novem
ber A.D. 1843.
Miles C. Folkes Mayor.

James, O. Harrison, of lawful age
being produced, sworn & examined
on the part of the plaintiff deposeth
& saith as followeth to writ:

James O Harrison being sworn
states that Milton Duty in his life
time placed several promissory notes in the hands of this depo
nent for collection the nett proceeds
of which were all paid to said
Milton Duty or to his order except
the sum of five hundred & forty four
dollars & 70 cents which sum of
five hundred & forty four 70 dollars
was paid by this deponent to Henry
Hernandez administrator of said Milton
Duty - the said payment having
been made on the 17th day of May
1839.
This deponent further states that
the Planters Bank of the State of Missi
placed in the hands of this deponent
of his partner Joseph Holt, for
collection a promissory note executed
by Milton Duty, John Henderson &
John Templeton for the payment
of eleven hundred & eighty two 54/110 dollars
dated 22nd May 1837 & due ten months after 23rd May 1837
that afterwards by an arrange
ment made between the said John
Henderson & Robert Riddle Eqr the
cashier of the Branch of said
Bank at this place the said
promissory note was delivered
up to said John Henderson - he
being a surety on the note - suit
had been instituted on the said note.

John Harrison

I, Miles C. Folkes, Mayor of the city of Vicks
burg, & Ex officio, Justice of the Peace & Notary
Public, do hereby certify that James O.
Harrison, the deponent, whose place
of residence is the city of Lexington in
the State of Kentucky , was by me sworn
to testify the whole truth of his know
ledge touching the matter in controversy
in the cause aforesaid: that deponent
was examined & his examination redu
ced to writing & subscribed by said
deponent, in any presence, on the
21st day of November, in the year of
our Lord Eighteen hundred & forty three
between the hours of eight in the fore
noon and six of the afternoon at
Vicksburg , at the Childrens Hotel, recently kept
by Glidewell in said city in the County
of Warren & State of Mississippi
Given & certified this 21st day of
November A.D. 1843.

Miles C Folkes Mayor

Egbert J.sessions, of lawful age, being pro
duced; sworn & examined, on the part of
the plaintiff, deposeth & saith.

That he was well acquainted with
Milton Duty in his life time, that while
said Duty resided in the State of Mississ
ippi up to the period of his depart
ure for Missouri , he lived in the
immediate neighborhood of this de
ponent since the year 1830.
At the time said duty left this
State, he was in possession of a large
amount of personal property consis
ting principally of Negroes, his change
of residence was made known some
time before he left, was open & noto
rious to all his neighbors, & he was
generally esteemed free from debt;
such way my opinion & so far as I
have ever heard or known such was
the fact, he left this State with all
his property & no attempt was
ever made to molest him on ac
count of debt, or otherwise.
He was
considered a punctual solvent man
by all his neighbors.
Deponent is of
impression that Duty left this State for
Missouri with at least twenty negros.
Witness is well acquainted with John
Henderson, he resides in the town of
Warrenton in this State in the
near neighborhood of Witness; John
Henderson, together with his uncle
William Henderson, under the firm
of John Henderson & Co, traded exclu
sively in pork, groceries, merchandise
& such things in the town of Warren
ton & were engaged in that business
from about the year 1836 in January
or perhaps the latter part of 1835.
Written within two or three years past;

witness states that in the year 1839-
Judgement obtained against John
Henderson & Co for five thousand Dollars
could have been coerced by execution out of
them, but that now John Henderson is
in doubtful circumstances; of Wil
liam Henderson's pecuniary condition
at this time, witness is not able to
speak positively.

Witness states further that on the last
visit of Duty to Mississippi , some
time witness thinks in the early part
of the year 1838, Duty staid part of
the time at witness House, that pos
ition of his object in visiting Mississ
ippi was to settle with John Hender
son & Co, that they quarrelled or dif
fered about the terms of settlement
but witness does not recollect the
particulars; that said John Hender
son & Co & the said Duty had been
speculating in pork in partner
ship & it was about the settlement
of their pork transactions they differed
so far as witness now recollects.
Witness is well acquainted with Reu
ben Gibson, he is a neighbor of witness

& having been a brother-in-law, is upon
terms of intimacy with him. Witness
knows that a note for about nine
hundred dollars due sometime in
January 1838 by the said Reuben
Gibson to Milton Duty in his life
time, has been taken up very recently by the Said
Reuben Gibson & is now in his possess
ion, this note passed thro' several hands
before it was taken up finally by Gibson:
Joel & Anderson, who administered upon
the Estate of Duty in this County, tra
ded the note off to Isaac Roberts, Isaac
Roberts to Mr W. Tompkins, both of
the neighborhood of Warrenton & well
known to witness & Mr W. Tompkins
paned the same to Gibson in settle
ment between Gibson, Macy & Tomp
kins, Macy taking negroes in part pay
ment of the note & transfering the bal
ance say $200. to witness which wit
ness has arranged with Gibson.

Witness knows John Harris , he is a neigh
bor of witness & witness thinks when Duty
left the State of Mississippi , he sold
a horse to Harris; Harris is now &
has been for many years, in peace all
his life a perfectly solvent man,
witness is well acquainted with the
citizens of the county of Warren
having represented the county in the
Legislature of the State of Mississ
ippi here to fore, & having need offices of Trust in the county & witness knows,
of no other John Harris in the county.
Witness was at the late election, elected
a member of the Legislature from this
county again & is therefore well acquain
ted with the people of the county:

Witness knew Henry Fernandis in his
life time, well: He died witness thinks in
the year 1840, in the month of October
at the house of witness.
He was for a short
time before his death administrator of the
Estate of Duty & during that period collec
ted some money of James O. Harrison be
longing to the Estate of Duty, being a little
over $500.
Witness does not know of his
collecting any other sum.

Witness is of impression that Duty before
he left Mississippi for the first time, sold
all his stock & farming utensils &, of what
value witness cannot state positively.

Witness knows few Evans of this coun
ty, he is always has been a solvent
man.

J.Sessions.

I, Miles C. Folkes, mayor of the city of
Vicksburg & exofficio Justice of the peace &
notary public, do hereby certify that Eg
bert J. Sessions, the deponent whose place
of residence is near the town
of Warrenton in the county of Warren &
State of Mississippi , was by me sworn
to testify the whole Truth of his know

ledge touching the matter in controversy
in the cause afore said; that deponent
was examined & his examination reduced
to writing, & subscibed by said deponent
in my presence on the 21st day of Nov
ember in the year Eighteen hundred
forty three between the hours of Eight
in the forenoon and six in the
afternoon at the city of Vicksburg in
Childrens Hotel, recently kept by Glide
well in said city in the county of
Warren & State of Mississippi .

Given & certified this 21st day
of November A.D. 1843.

Miles C. Folkes Mayor

the further taking of these

opened & filed Decr 2nd 1843
Jno Ruland Clerk

Deps. for Plffs

M.Duty's admr & al.
Postage $1.50 paid by
Atto Risque.

In Chancery
St. Louis Circuit
Court Nov Second 1843.

The several answer of Robert
Strong one of the defendants to the bill of Complaint
of Preston Braxton and others Complainants
against this defendant and others defendants
This defendant Robert Strong now and at all
times saving and reserving to himself all advantage
and benefit of exception to the errors and imper
fections customed in the said bill of complaints of
the said Complainants for answer thereto or to
so much thereof as he is advised it is material
for him to make answer unto he answering
admits that he is advised and believes that the
said Milton Duty deported this life at the time &
place stated in said bill and that at the time
of the death of of said Duty he was possessed of and
was the legal owner of the slaves mentioned in the
said bill.
This defendant states that he has no
knowledge whatever of the said Milton Duty in his
lifetime having made any will in the State of
Mississippi nor does he this defendant know any
thing about the disposition of any property of
said decedent in any manner whatever after
he left the State of Mississippi and arrived to the
State of Missouri . This defendant most positively
states and hereby denies having any knowledge
of any transactions between said Milton Duty in
his lifetime with said David or George W Coons
or any other person in the State of Missouri or elsewhere after said decedent Milton Duty left
the State of Mississippi and arrived to
the State of Missouri , this defendant states that he
has no knowledge whatever of the transactions in
pork by said Duty nor has this defendant any
knowledge whatever of the or other trans
actions of said Duty with said David or George
W Coons . And this defendant most positively
states that he has no knowledge of any notes given
by said Duty to said David or George W. Coons
nor of any payments made by said decedent or
by any person for him to said Coons or either
of them on account of said notes nor on any
other account whatever this defendant states
that he has no knowledge whatever of the chara
cter of the claims which were allowed against the Estate of said
Milton Duty whether just or unjust, except
the claims of this defendant which last named
claims.
This respondent most positively states
were and are in all respects just equitable &
true, and this defendant further states that said
last named claims were allowed by the Probate Court of St. Louis
County against said Estate and this defendant
is accused and barely believes that the sum
were duly and properly established by competent
and legal testimony all of which will more
fully appear by reference to the record and
proceedings in the case of this respondent
against the administrator of the Estate of
said Milton Duty which is prayed
to be taken as a part of this answer.

This defendant states that he has no knowledge

of the actions and doings of said George W
Coons , David Coons , Galligher or any other
person or persons in relation to the papers of said Duty
at the time of the death of said Duty nor
at anytime before or since and this def
endant positively denies any knowledge whatever
of what was said or done by said Coons
or anyone else in relation to the papers
business or anything else connected
with said decedent either before, at the term
or since his death in the State of Missouri .
This
respondent has no knowledge of what has been done
in the State of Missouri in relation to the business
of said decedent except so far as his own clai
ms are concerned and all that he knows about
what has been done in the courts of Missouri in relation to
those has been denied from the information of
others.
This defendant states that the men
tioned in said complainants bill for thirteen hundred
dollars was & still is just and herewith due to this
defendant that the sum specified in said bond is the just
amount due to this defendant on the sum and
the interest which has accrued since the allo
wance of the sum by said court of Probate
in St Louis County, aforesaid that said note
for ninety dollars was and is first honest
and in all respects correct and the amounts
therein specified and interest on the same
is justly due from said Estate to this defendant
This respondent further states that said decedent
Milton Duty had no property or effects in the
State of Mississippi at the time of his death nor
has he since had in said last known state any
property or effects of any kind whatever out
of which this defendant could have made
the amount or any part thereof due by said
Milton Duty Decd to this defendant, this
defendant states that he fully proved and established
his said demands against the Estate of said Milton
Duty before the court of Probate for St Louis
county in the State of Missouri that the laws
were allowed as this respondent is informed
and verily believes according to law and
justice, and that no objection was to the knowledge
of this respondent made to the allowance of
the claims aforesaid.
This defendant
most positively denies any fund collusive
confederation or any dishonest conduct on
his part with any person or persons whom
soever with a view on the intention to defer
and inquire or in any manner whatever to
wrong said estate or these entrusted or
in any manner whatever connected these
with.
This defendant here denies all fraud
and every charge of fund collusion and every
other charge in said complainants bill which
is not in strict accordance with justice
and right, so far as this defendant is concer
ned.
This defendant states that he has no
knowledge of the charges made against the
other defendants as he is an entire stranger
to the same and prays court that none
of said charges of fraud should be taken
against him.
This defendant, having fully
answered this defendant prays that said bill may be
and the dissolved so far as relates to this
respondent with reasonable damage acts.

Wohudson Solfur
Robt Strong

State of Mississippi .
County of Claiborne ss.

This day personally appeared
before the undersigned a justice of the peace within
and for the county and State aforesaid Robert Strong when being duly sworn on his oath states that the
matter and things so far as they are stated as of his own
knowledge in the foregoing answer he knows to be true and
those stated as on the information of others he believes to be
true.

Robert Strong. Sworn to & Subscribed before me
the 20th day of
January AD 1844R.Parkinson Justice of the peace

The State of Mississippi .
County of Claiborne ss.

I Frederick Hood Clerk of the Probate
Court in and for said County do hereby certify that R.Parkinson
whose name is signed to the foregoing certificate was at the date thereof a Justice
of the Peace in and for the County of Claiborne State of Mississippi
aforesaid duly commissioned and qualified according to law,
and the full faith and credit are due and ought to be given to all
his as such.

Given under my hand & seal of office at Port
Gibson this 20th day of January A.D.1844. Fredrick Hood clerk.

Answer of Robrt Strong.

H.B.Hudson.
Sol for Strong.
Filed February 5th 1844.
John Ruland Clerk.

State of Mississippi .
County of Claiborne.

I William M. Randalph Judge of the Probate
Court of the County of Claiborne in the State of Mississippi
do certify that Frederick J Poor whose name is attached
to the within certificate was at the date thereof Clerk of said
probate court duly qualified to act as such, and that
his said certificate is in due form of law.

Given under my and seal this 20th
day of January A.D. 1844. W.M. Randolph.
Judge

In Chancery.

The replication of Preston, Braxton and others,
Complainants to the answer of Robert Strong one of
the defendants, impleaded with Geo. W. Coons , adr. of
Milton Duty, decd., and others.

These repliants having
& reserving unto themselves all manner of advantage
of exception to the mainfold insufficiencies of the
said answer, for replication hereto say that
they will over and prove their said Bill to be
true, certain, & sufficient in law to be answered
unto, and that the said answer of the said
defendant is untrue, uncertain, and insufficient
to be replied unto by these repliciants. Without
this, that any other matter or thing in the said
answer contained, material or effectual in law
to be replied unto, confessed and avoided
traversed & denied, is true, all which matters
and things these replicants are and will be ready
to over and prove as this Hon. court shall di
rect, and pray as in and by their said
bill they have already prayed.

J.W. Risque Sol.
For complts by JasBTownsend

Replication to answer of
Robt Strong.

Filed Feb. 7th 1844.
John Ruland Clerk

In Chancery.

And the said Robert Strong
by his solicitor comes and moves the
court for a note on the clerk of this
court to compel him to produce without duty the additional answer
of said Strong filed in the above entitled
cause or show cause why he shall
not be compelled to produced said
answer.

Hudson Loe for Strong.

motion for
On one to hundred
answer of Strong

Hudson Loe
for Strong
Filed March 21st 1844
John Ruland Clerk

Affidavit
and motion to set
aside decree nisi against
Executors of David Coons decd.
7th .

Filed May 7th 1844.
John Ruland Clerk.

In the St Louis
Circuit Court
In Chancery

and now come Andrew , Christy and Mary
Coons , Executors of David Coons deceased, and
move the court to set aside the decree nisi rendered
against them of this term for the reasons set
forth in the following annexed affidavit

state of
County of St Louis ss

Personally appeared before
me the undersigned, Joseph Walker, who being
duly sworn on his oath states, that a few
days before the commencement of the last
term of this court, Andrew Christy and Mrs Mary
Coons , who, as executors of David Coons deceased
were made defendants to the bill of
of the said complainants, at the last term
of this court, and summoned to answer said
bill at the last term, applies to this affiant
to draw their answer to said bill and stated to
him that they had no personal knowledge
of the matters & things contained in said bill relating
to their testator - that this affiant informed the said
Christy , that it would be his duty to refer to
the books and papers of his testator in his
possession and also to endeavor to obtain
information in relation to the said matters from
other services that he could rely upon
and referred the said Christy to the Clerk of said
David Coons for information which this affiant
knew was in possession of said Clerk, whose name
was Gallagher - that this affiant learned
a few days afterward, that said Gallagher was tempor
arily absent from the City, and might not, return
before the end of the first week of the last term of this Court but was expected to return before
that time.
That this affiant in order to prevent a
default, drew an answer for said Christy and
said Mary Coons based upon such knowledge
and information of facts, as they had communi
cated to him in the absence of said Gallagher and had the said answer prepared
and ready for filing before the end of first week
of the last term of this court -
Before the end of that
week F. W. Risque Esq counsel for
the complainants, applied to this affiant, stating
that he was about leaving the city to be absent
a large portion of the term, and requested that
no motion should be made at that term to dissolve the
injunction on the front of George W. Coons , one
of the defendants to the bill for whom this
affiant and H.R. Gamble appeared as counsel-
this affiant told him that Mr. Gamble was
the principal counsel, and he preferred to leave the
matter to him, but that so far as this affiant
was concerned, he would make no such
motion.
This affiant and the said Risque
had another conversation during the second
week of the last term, in which Mr. Risque
stated that as no answer was filed by the Executors
of David Coons , he would be entitled to a decree
nisi; This affiant replied that he had an answer
drawn for them at his office, but that from the
understanding between them he did not suppose
any advantage would be taken of its not being
filed before - To which said Risque
replied that no advantage would be taken of it,
and that this affiant might filed the answer
at a future time, provided the motion for
dissolving the information on the first of G.W.Coons
should be postponed by this affiant till the

Then next term the consequence of
this understanding with the said Risque, this
official delayed filing the answer of the said
Executors of David Coons , and took the time
necessary to enable them to obtain the requisite
information to make a more full answer-
and made no motion for dissolving the
injunction on the part of said G.W. Coons,
and in such motion on his part
was made at the last term in consequence
of the understanding aforesaid - a short time
after this understanding with said Risque - (and
as this affiant believes, about three meets thereafter,)
and during the absence of said Risque from St Louis ,
a decree nisi against said Executors was
asked for by Mr. Townsend , acting for said Risque
in his absence and was as this affiant supposed
there granted by the Court - although the Record
shows that said decree was not entered up
till the month of February following - this
affiant placed a motion on the
or the last term of this Court to set aside said
decree nisi which owing to the sudden
adjournment of the Court was not heard
This affiant therefore states that the reason
why the answer of the said Executors of David
Coons was not duly filed in time and before
a decree nisi against them was obtained,
because of an agreement and understanding
between this affiant and the said Risque that
this affiant might have time to file said answer
at his convenience and that had is not been for said understanding and agreement
an answer would have been filed
before a Decree nisi was moved
for and obtained by said Townsurd.

J B Walker

State of Missouri
County of St Louis ss

Sworn to & Subscribed before me this 7th day of
May 1844.

John Ruland Clerk St Louis Circuit
Court
By Samuel Ruland Depty

In the St. Louis
Circuit Court
in Chancery

The joint answer of Andrew Christy an Executor,
and Mary Coons widow and Co Executrix of
David Coons deceased to the bill of Complaint
of Preston, Braxton and others, people of
Color and slaves belonging to the Estate of
Milton Duty deceased, wherein the said
David Coons deceased was in his life time made
a defendant-

These defendants, Andrew Christy
and Coons , reserving all rights and
benefit of exception to the said bill of Complaint
of the said Preston, Braxton and other complain
ants on account of the manifold errors and
insufficiencies therein contained, for answer
thereto or to so much thereof as they are
advised it is necessary for them to make answer
to, say that since the time of filing the said bill of
Complaint, David Coons one of the defendants
named in said Bill, has departed this life, and
that letters testamentary have
been duly granted to these defendants by the judge of the Probate
Court of St Louis County and that they are the only
Executors and the only executors of the last will
and testament of the said David Coons deceased
therein named, and as such are now acting and
have so acted, since the grant of said letters
testamentary.
And these defendants further state that
they do not know whether the all or any
of the complainants were slaves of Milton Duty as in said
bill alleged, but have understood and believe that they were so, and so far as these defendants are concerned, they
are willing to admit the fact so to be - neither do these
defendants know whether the said complainants were
removed, nor at what time they were removed from
the State of Mississippi to St Louis in the State of Missouri
but have been informed and believe that they were
removed to the State of Missouri from Mississippi
in the manner and about the time as in said
bill alleged, and so far as it concerns these defen
dants there admit the fact so to be - these defendants
do not know whether or not the said Milton Duty hired
out the Complainants and received considerable
sums for their hires as in said bill alleged until the
time of his death, nor do they admit the fact, but
if it be material, require proof of it.
These defen
dants have been informed and believe that the
said Duty died same time in or about
the month of August A . D .1838 at St. Louis and admit
the fact so to be as the said bill stated. These
defendants do not know whether or not the said Duty
made & published his last will and testament, nor whether
or not the same was proven before the Probate
Court of Warren County in the State of Mississippi
as in said bill alleged - nor whether or not
John J. Guion and David D .Gibson were therein
appointed executors - nor whether or not
they refused or neglected to qualify as such
, nor whether or not Henry Fernandis was
appointed administrator and qualified as such
as in said bill alleged nor do they admit the fact so to be, but if
deemed material, they require competent proof
therof -

These defendants have no personal Knowledge
of the contents and provisions of the last will
of said Duty, if such were made, except
from the allegations contained in said bill
of complaint and from the Exhibit
therewith filed purporting to be a true copy
of said will and so far as they are concerned
they require that the existence of said will,
if such there be, to be legally established to
the satisfaction of the Court. These defendants
are informed and belive that the said duty did
become acquainted with the said David Coons
soon after his, said Duty's arrival in St.Louis
and admit the fact so to be: but whether
or not the said Duty made the said David
Coons his financial agent, or paid into his
hands all or any money arising from the
hire of the complainants as he received it,
or any money from other sources, as in
said bill alleged, these complainants have
no knowledge, and do not
admit the allegations, but require the same, if
material to be duly proven - and whether
or not the only occasion on which
the said Duty had any use for any money
except for his ordinary expenses,as in said bill alleged was when
engaged in the pork business, these defendants
neither know nor admit, but, if the fact
be material, they require the same to be legally
established. These defendants have been
informed and believe that the said Duty
in his life time was engaged in the pork
business at St. Louis in the year 1837 or or 1838 - and that the said David
Coons from time to time advanced large
sums of money to said Duty on account
of said pork business, and that said Duty
in consequence thereof became largely indeb
ted to said Coons in his lifetime but to
what amount these defendants have no personal
knowledge, nor do they know the extent of
the transactions between said Duty and
the said David Coons ,- except as may be herein after
noted.
Nor do these defendants know whether the
said Duty executed his notes or due bills for
the amount of indebtedness or any part
thereof to said David Coons , nor, if so exe
cuted as in said bill alleged, do these defendants
with which understanding as to the payment
thereof, or whether there was any understanding
in reference thereto - nor whether the
said Duty attended the sales of his pork in
person in the South, nor whether or not
he received any money arising from the sale
thereof, nor if so, do they know whether it
was in notes of the Bank of the State of Mississippi
nor do these defendants know whether or
not the said Duty returned from Mississip
pi with any such notes to St.Louis as in
said bill alleged, nor whether he ever paid
any Mississippi money after his return
to said David Coons , at any discount or other
wise.
And if the last mentioned allegations
in said bill be material, these defendants
do not admit the truth of them, but require
the same to be duly proven.

These defendants have no personal knowledge whether or not all
the claims or any of them of the said David Coons
against the said Duty on account of pork or on
any other account were extinguished by the pay
ment of Mississippi money and by the moneys received
from the hires of the complainants as in said bill
alleged, nor do they believe or admit the fact so
to be, but on the contrary they are in
formed and believe that the fact is otherwise
and that the said Duty at the time of his death
was justly indebted to the said David Coons
to the full amount of the demand in form of
said David Coons allowed against the Estate
of the said Duty by the judge of the probate
court of St.Louis County - which amount is stated in
said bill.
These defendants further state that that
they have no knowledge whether or not
the said Duty took up his notes at the time he
paid the Mississippi money(if any such was
ever paid) as in said bill, alleged, now whether
or not he took any receipt for the same
or for any money alleged in said bill to have
been deposited with said David Coons , nor
do they admit the facts, but
if they are material, these defendants require
competent proof of the same - and as to
the charge in said bill that the receipts given
by said David Coons to said Duty for money deposited
with said David Coons were destroyed or suppressed
and the notes made of again in the hands of
said David Coons to establish large claims
against the estate of said Duty after his death
in the manner set forth in said bill, or otherwise these
defendants have no personal knowledge
but they are informed and believe that the said
charge is in all its particulars untrue, and
therefore they do not admit the truth of it, but
utterly deny the same. These defendants admit that
the said George W.Coons , the son of David Coons , did
take out letters of administration soon after the
death of said Duty upon the Estate of said Duty,
and that among the first claims allowed against
the Estate of said Duty were those of his father
David Coons to the amount of $3684.18-
but these defendants have no personal knowledge
of any fraudulent or unlawful combination
between said George W.Coons and the said
David Coons in respect to the taking
out said letters of administration, nor have they
any knowledge that the said claims so allowed
or any of them are iniquitous or unjust
or that they were ever cancelled or paid
off by said Duty in his life time, or that
they were brought forward and supported by
papers illegally obtained in manner as in
said bill charged on in any other illegal
or unfair manner. But these defendants
are informed and believe that the last mentioned charge is in all respects utterly
false and untrue, and they therefore utterly deny
the truth of said charge -
These defendants further answering state that they
have not either of them any personal knowledge
how or to what precise amount the said Duty became
indebted to their testator, the said David Coons ,
and they are informed and believe that the said

David Coons did not at any time before the death
of said duty keep a regular and full set of
mercantile books and accounts, but on the con
trary kept his accounts in memorandum books
and on memorandum papers - that he did for
the most a cash business, and that most
of his transactions in the trade were settled at the
time they were made either by payment in cash
or by note or memorandum and that no other
record or duty of many of his transactions were
ever made - and therfore these defendants are
to obtain from the books and accounts of their
testator and a full knowledge of his transactions
and accounts with said Duty.
But these defendants
are informed by these who were acquainted with
the business of their testator and with his transactions
with said Duty, and so believe, that the demands
allowed in favor of said David Coons against the
Estate of said Duty then in the Probate Court
occured in the following manner- viz - First -
an account for merchandize purchased by said
Duty of said David Coons between the 11th day
of June 1838 and the 18th of July following amounting
to the sum of twenty dollars and fifty cents
Secondly: a note of said Duty in favor of said David Coons
for twelve hundred sixty three dollars and forty seven
cents dated the Eleventh day of June A.D. 1838
payable four months after date being for money advanced
and for merchandise sold by said David
Coons to said Duty
Thirdly a note for the
sum of one thousand and ten dollars and sixteen
cents dated the fifteenth of June 1838 payable
four months after date executed by said Duty
to said David Coons in consideration of cash
advanced and merchandise sold by said David
Coons to one Jesse Jones , to that amount ot the request of
said Duty, the said Duty being at the time
indebted to the said Jesse Jones to the full
amount of said note.
Fourthly - one other
note for the sum of twelve hundred and seventy
eight dollars and sixteen cents,
dated the 24th February A.D.1838 payable one
day after date, given by said Duty to one Wm. P. Stephenson, and by said Stephenson
endorsed to one David Gentry and
by said David Gentry assigned to said David
Coons in his lifetime for a valuable consid
eration and with the knowledge and approba
tion of said Duty, which said last mentioned note was
excuted by said Duty to said Stephenson for
a valuable consideration; and was wholly
due and unpaid at the time of the assign
ment thereof to said David Coons and
also of the time of the death of said Duty
These defendants utterly deny all
fraud, confederation, conspiracy and unfairness
on the part of themselves or of either of them, and
also utterly deny all knowledge
of fraud, confederation, conspiracy
or unfairness on the part of their testator where
with he is charged in said Bill
Their defendants further state that they have
not nor has either of them any knowledge
in relation to any other matter or thing in
said Bill alleged or charged to which they have
not herein above made special answer.

and these defendants having fully answered
to the best of their knowledge and belief all
and singular the allegations, charges and inter
rogatories in any manner concerning or relating
to themselves or their testator in said Bill con
tained pray that the said Bill may be
dismissed as to their written costs

Andrew Christy
Mary Coons

State of Missouri
County of St.Louis ss.

Personally appeared before
me the undersigned Andrew Christy and Mary
Coons , who being each duly
sworn on their
oaths say that the facts setforth in the fore
going answer, so far as stated to be within their
own knowledege, are true; and so far as the same
are stated to be upon information derived
from others, they believe the same to be
true.

Andrew Christy
Mary Coons Sworn to & subscribed before
me this 19 day of April A.D. 1844. Alphonso Witmore Justice of the Peace

Answer of Andrew
Christy and Mary Coons
Executors of David
Coons decd

I.B. Walters
Solr for defts.
Filed (by leave) May 13th 1844
John Ruland ,Clerk.

In the St Louis Circuit Court in Chancery

And now comes the said George W.Coons
administrator of Milton Duty decd, and moves
the Court for an order to dissolve the
injunction originally granted in this cause

Gamble & Walker
Solrs for Deft
G.W.Coons

Motion on the part of G.W.Coons , deft- to
dissolve injunction

Gamble & Walker
Solrs for Deft
Filed May 17th 1844
John Ruland Clerk

In St Louis Circuit Court of
Chancery,April Term 1844,

And now come to said complainants
by their solicitor, and move the court to revive
and reinstate the injunction granted in this cause

Risque & Townserd
for complts

Motion by complts. to revive injunction
June 10

Filed June 10th 1844
John Ruland Clerk

In
apr 1844

And the said
on of the defts in the
whether cause and
mean the amt. to the
and in the an the
him

motion of Strong
to dissolve injunction

for
Filed Sept 19th 1844 John Ruland clerk

Harrison , Henderson, and Henry as in
fants suing by preston their next friend,
on the 12th day of October AD 1841, exhibited their
original bill of complaint in this Honorable court
against George W Coons , administrator of Mil
ton Duty deceased, the legal representative
of Henry Fernandis decd late administra
tor of Milton Duty decd
in the state of Mis
sissippi, when the name of such represent
ative should be a Sustained, Joel L An
derson, David Coons , James Walton , Henry
Von Phul, Theodre L Mc Gill, E B Gueid
ler Robert Street, M W Swing, J L Croft,
El hanah English, F Sweeney, John M Glenn,
Henry chouteau, James V Prather , Louis A
Benoist , The President Directors and com
pany of the Planters Bank of Mississippi,
Robert Strong, Haywood Boyette, and John
and William Henderson, which said bill
after stating the will of the said Milton
Duty, and that the said George W Coons had
became the administrator with the will
annexed of the estate of said Milotn
Duty under an appointment of the County
Court of said county of St Louis , and that
the said Henry Fernandis decd had during
his life time qualified as administra
tor of said Duty's estate in the state
of Mississippi , and after stating many
other matters and things, prayed that
the said George W Coons , his agents and attorneys
might be enjoined from exposing said com
plainants to public sale, agreeably to an

To the Honorable John Krum judge of the Circuit
court of St Louis county sitting as a court of Chancery.

Humbly Complaining shew unto your Honor
your oratixes and orators, Preston, Braxton, Mary ,
Nat , Beverly, Jesse , Jordan , Madison , Malinda , Seany,
Clarissa , Caroline , Nelly , Lucy , Sydia, Henderson
and Harry

Who are adults and over the age of twenty one
years, and your oratixes and orators, Jackson and
Mary , by Braxton their next friend, Howard & James by Ma
linda their next friend, Lewis & Margaret, by Seany their next
friend, Ann Eliza , Beverly, & James , by Clarissa their next friend, Lucy
Ellen by Caroline her next friend and Harry by Preston his next friend,
Who are infants under the age of twenty one
years, and of when the said Henderson and
Harry have become of the age of twenty one
years, since the filing of their said original bill.

That the said Preston, Braxton, Mary , Nat , Be
verly, Jesse , Jordan , Madison , Melinda, Seany, Cla
rissa, Caroline , as adults suing in their own
names and the said Jackson and Mary as in
fants under the age of twenty one years, suing
by Braxton , their father and next friend, and
the said Howard and James as infants, suing by
Melinda, their mother and next friend,
and the said Lewis and Margaret as infant & su
ing by Seany their mother and next friend,
and the said Ann Eliza and Beverly as in
fants suing by Clarissa their mother
and next friend, and the said Lucy Ellen
as an infant suing by Caroline , her mother
and next friend, and the said

order of sale which had then been made by
the Probate Court of St Louis County; that
the said complaints might be permitted
to institute and prosecute their said suit in
Chancery in forma pauperis and that they
might be exempt from security and dis
charged from executing an injunction bond
that counsel might be assigned then to
prosecute their said suit; that the said Pres
ton and Braxton , two of said complainants,
might be permitted to attend counsel
and the court, and to collect the necessary tes
timony; that the Sheriff or Marshall
of St Louis County might be directed to
take possession of said Complainants and
hire them out during the prudency of said
suit; that their personal freedom might
be decreed to said Complainants accounting to
the provisions of the will of said Mil
ton Duty and that those of said Complaints
who were legatees under said will should be de
creed their respective legacies; that the le
gal representative of Henry Fernandis decd
should discover and set forth the assets in
his possession belonging to the Estate of
said Milton Duty decd; that the said David
Coons should be compelled to appear before a spe
cial commissioner with his books containing
all of the original entries of the the accounts
between himself and the said Milton Duty
in his lifetime, and to exhibit to said Com
missioner and this Honourable Court all the the or
iginal vouchers on which the claims of
the said David Coons against the estate of said Milton Duty were allowed by the County Court of
St Louis County, and that said Commissioner
might be instructed to make up, state, and
settle the accounts between the said George
W Coons as administrator of said Estate
and the said David Coons , upon legal vouchers
only, without reagard to any settlement before
that time make before the County or Probate
Court of St Louis County; that the said George
W Coons might be compelled to settle his ad
ministration accounts before a special com
missioner appointed for that purpose;
that by a decree of this Honorable Court his let
ters of administration might be revoked and he
be compelled to pay over all monies in his
hands belongings to the Estate of said Milton
Duty; that all claimants against said estate
, parties to said bill, or who might afterwards
become parties, might be compelled to state
how and to what amount the said Duty became
indebted to them; that the said John and
William Henderson might be required to
state how the said Duty became indebted to them
and wheteher they have paid off the amount
of the notes to the said Duty in his lifetime
or to any one since his death authorized to
receive the same, and that said Complain
ants might have such further and other relief
as the peculiar nature of the in case might
require.
Your oratrixes and orators further
show that the said David Coons died without
having answered said bill, and that An
drew Christy the executor and Mary Coons the
executrix of the last will and testament of

said David Coons , having been made parties de
fendants to said bill, after the death of their
said testator, answered the same.
On the 5th day of May AD 1843 the said George
W Coons answered said bill, to which
the said complainants excepted, and their
exceptions having been sustained by
this Honourable Court, on the 15th the same
month he put in an additional answer.
Of
the other defendants to said bill the said
Robert Strong and Henry Chouteau , each
answered the same, and the others all failed
to put in any answer.
The said Geroge W
Coons in his said answers among other things
set forth and relied upon an exhibit marked (ch.1) from which
it appears that on the 4th day of May AD 1843
the claims which had been allowed with
County a Probate Courts of St Louis County against
the Estate of said Milton Duty consisted
of one claim in the first class amounting to
six 75/100 dollars; sundry claims in the fifth
class amounting to four thousand eight hundred
and sixty one 3/100 dollars, sundry claims in
the sixth class amounting to thirty five
hundred and thirty one 74/100 dolars, and sundry
claims in the seventh class amounting to nine
teen hundred and eighty six 47/100 dolars, the
said claims thus allowed amounting in
all to ten thousand three hundred and
eighty five 99/100 dollars; it also appears
from said exhibit (ch.1) that the said George
W Coons , in his settlement before the County Court
of St Louis County at the June Term 1839
of said court obtained allowances for items of cash paid out amounting to one hundred & ninety
one 41/100 dollars; and at a settlement made by him
before said court at the September term 1840 he
obtained a credit for sundry items of cash
paid out, amounting in all to two hundred
and twelve 25/100 dollars; at a settlement made
by him before the Probate Court of St Louis
County of his account as administration of said
Milton Duty's estate at the September term 1846 of court he obtained a cred
it for sundry items of cash paid out amounting
to twenty three hundred and seventy four 63/100 dol
lars; at a similar settlement made by
him before said Probate Court at the De
cember term 1842 he obtained a credit of sun
dry items of cash paid out amounting to
twenty four hundred and ninety four 35/100 dol
lars, at which last mentioned term of the
Probate Court he also obtained credit for
sundry items amounting in all to twenty
four hundred and fourteen 92/100 dollars, which
consisted of the note of Thomas Galloway
for six hundred and one 92/100 dollars of John
T Simmons for three hundred dollars, of I
T Miller for fifty dollars, of John Harris
four fifty dollars, of Reuben Gibson for nine
hundred dollars, and of John Henderson
for five hundred and thirteen dollars,which
said notes the said George W Coons and deliver
ed to the administrator of said Duty's Estate Mississip
pi and with
which the said Coons had been charged on his account .

But your oratrixes and orators further
show unto your Honor by way of Supplement

that the said George W , as administrator with the
will annexed, of said Duty's Estate, filed
his account currant for settlement at the
December term 1843 of the Probate Court of
St Louis County on which he stood charged
to the amount of eighteen thousand, three hun
dred and seventy one 67/100 dollars, and on which
among the items of credits allowed were items
for cash paid out amounting in all to six
teen hundred and thirty one 84/100 dollars.
He also filed his account currant for settlement
at the December term 1844 of said court on which
he stood charged to the amount of eighteen
thousand one hundred and sixty nine 86/100 dol
lars, and on which among the items of credits
allowed him were items for cash paid out am
ounting in all to six hundred fifty one
64/100 dollars.
There is now a balance in the
hands of said administrator, accruing to his
own account current, amounting to seven
teen thousand five hundred and eighteen
22/100 dollars;
all which will more fully ap
pear by reference to a copy of
the accounts currant filed by said George
W in said Probate Court at the December
terms of 1843, & 1844, certified by the
Judge of said court, and hereunto annexed
marked exhibit (A,no 2) which your or
oratrixes and orators pray may be taken
and deemed as a part of this Supple-
mental bill.
No demands have been established against
said Duty's estate, since George W filed his said answers.
Since the said George W Coons has been admin
istator of said Milton Duty's Estate, he
has constantly had in his possession money
belonging to said estate varying in amount
from five to fifteen hundred dollars
, which he has indebtedin his individual trans
actions and with which he has made
large profits.
The said George W was induced to adminis
ter on said estate by the hope and expec
taion of realizing large profits by
speculating in claims outstanding
against the estate, and has actually
purchased of the demands against said
estate claims amounting in all to six
thousand dollars, for which, as your ora
tors and oratrixes are informed and believe,
he did not pay in all more than four
thousand dollars, which demands stans
on the records of the Court in the names of
sundry claimants, but which really be
long to said George W .
He has conducted the
administration of said estate regardful
only of his own interests, and warranty and
cruelty regardless of the last will of his
testator.
The original administrator of the said
Milton Duty in the State of Mississ
ippi, one Henry Fernandis, who took out
letters in the County of Warren , in the
State of Mississippi , has departed
this life, has been succeeded in said
office by another person Joel D Anderson who is yet acting

If the liabilities of the representatives of said Fer
nandis and of his sureties, on account of his said admin
istration, and if the liabilities of the present ad
ministrator were enforced there would be a nett
balance, as your oratrixes and orators are in
formed and believe, of four thousand dollars to
be transmitted to the State of Missouri to be
applied to the liquidation of the liabilities of
said Milton Duty's Estate in Missouri , and
to the payment of legacies.
But the said George
W Coons has used no diligence and has taken
no step to enforce such liabilities, or to have
said fund transmitted to said State of Missou
ri.
Said Mississippi administrations are
ancillary to the administration by the said
Geroge W, which is the principal administra
tion.
There is no statutory provision in force in
the State of Mississippi , relative to the relation
between ancillary and principal administra
tions, or relative to the rights of legatees &
distributees where the administration is
ancillary, but such relations and rights
are controlled in the State of Mississippi
by those rules and principles of the
common law and the law of Nations
which apply in the United States generally
in the absence of special statutory pro
visions.

Two of your orators, Harry and Henderson,
have arrived at the age of twenty one years
since the filing of said in original bill; and
one of your orators in this supplemental bill, James ,
has since that time been born.

The claim of John & William Henderson
against said George W Coons administrator
of said Milton Duty established as set further in
the answers and exhibits of said George W are
fraudulent and unjust.

The claim established against said estate
as set further in said answers in favor of
the President and Directors of the Planter's
Bank of Mississippi is really the property
of said John and William Henderson, and
is utterly unjust and fraudulent.
Hey
wood Boyette who has established a claim
against estate amounting to four hun
dred and fourty one 32/100 dollars is one of the secu
rities of the said H Fernandis for the faithful
discharge of his duties as administrator in
Mississippi as above mentioned; and your orat
ors and oratrixes claim that said Boyette should
receive nothing on account of his said claim
until the liabilities of said Fernandis as ad
ministrator as aforesaid shall have been dis
charged.
Said George W has not accounted
for all the hire of your orators and oratrixes
since he has been hiring them out; and he
has failed to keep them regularly hired out,
or to use the requisite degree of diligence to keep
them constantly employed.
Said George W is
in reality the owner of the claims which have been
established against said estate in favour
of James Walton , Samuel Fernandez,
Jn W Swing, JL Croft, Elkanah English,
David Gentry and James Adams as set forth
in said defendants answers, and likewise
owns many others of the claims which have
been established against said estate, and

which your orators and oratrixes are unable
specially to designate, and all of which the
said George W bought at a large discount.
Said George W has not accounted for the
hires of your orators and oratrixes for the periods
of time which intervened between the 23th day
of august AD 1841, & the 15th day of January
AD 1842, and between the 15th day of July AD
1843, and the 14th day of July AD 1844. Said
George W drew from the custody of LA Ben
oist & Co bankers a considerable sum of money
to writ the sum of dollars, which was the
individual property of your orator Jesse ; and
took possession of and disposed of a horse and dray also
the individual property of said Jesse , and which
money, dray, and horse had been acquired by
said Jesse with the knowledge and by the consent
of said Milton Duty your orators charge
that said George W Coons colluded with Robert
Strong and Heywood and Boyette, and thus enabled
them fraudulently to establish their claims
against said estate. Said George W has
made no effort whatever to collect from
said administrators in Mississippi , nor
from their securities, inform any
one of them, any amount for
which they are liable on account of
such administrations, or either of them-
all the debts against the estate of said mil
ton Duty belonging to the Classes prior to the
sixth have been paid, the debts of 6th class
amount to thirty six hundred & thirty one 73 3/4/100,
dollars, on which the administrator has been
directed by an order of the probate court of
St Louis county to pay thirty one cents on the
dollar, which would leave unpaid of debts in that
class only the sum of twenty five hundred & five
90/100 dollars. the debts of the 7th class amount
only to the sum of nineteen hundred and eighty
six 47/100 dollars, making the whole amount
remaining unpaid only the sum of forty four
hundred & ninety two 37/100 dollars, to satis
fy which the assets with hands of the said
George W , exclusive of complaints, are more than sufficient. Wherefore, in
consideration of the premises your orators
and oratrixes pray that the said George W Coons
Robert Strong, and Haywood Boyette be made par
ties defendants to this supplemental bill, and be required
to answer the same on their several and expec
tive corporal raths to the best and utmost of their
several and respective knowledge, remembrance,
information, and belief, and that as fully and par
ticularly as if the same were here repeated
and they and every of them distinctly interroga
ted
thereto, and more especially that said
Geroge W Coons may in manner aforesaid answer
and set forth whether he has not bought up claims
against the estate of said Milton Duty which
have been allowed against said estate
on the names of other persons than him?
what are the claims thus bought up? In whose
names were they allowed? what am
ount was given for each by the said George
W Coons ? What amounts of money he has
as administrator of said Milton Duty drawn
from said LA Benoist & Co, and whether
the same is a portion thereof did not

belong to said Jesse ? Whether the accounts of
Robert Strong and Haywood Boyette were not ex
hibited and allowed more than three years
of the letters of administration had been
granted on said Duty's estate by the
Probate Court of St Louis County? Whether
he has made any efforts to enforce the li
abilities of the administrators in Missis
sippi and their securites; and if yes, what
efforts? And your orator and oratrixes pray
that a writ of may issue against
said George W Coons , Robert E Strong, and
Haywood Boyette in usual form. And
you orator & oratrices pray that the
injunction he revived in this cause; and that
a receiver be a appointed by this Honorable
Court to take charge of the com
planiants and hire them out until the
termination of this suit; and that the
same relief may be had against the de
fendants in said original bill as is there in prayed
and that, upon a final hearing of this cause, if
it shall appear to your Honor that that the
assets in the hands of said Geo W. Coons , and
with which he is justly chargable exclusive of your orator & oratrixes are not suf
ficient fully to satisfy all just demands
against said Duty's estate, then
and in that event, they pray that they may be
hired out under direction of this Honorable Court,
or their services for a limited number of years,
to be ascertained under direction of this court,
sold, to raise the balance which shall be wanting
to satisfy said debts, and that they may be then
and after the expiration said term of service, de
clared free, and that they may such other
& further relief as shall consist with equity,
& the nature of their case shall require &
as in duty found they will ever pray to.

Townsurd, Goode & Cornick
Sols. for Complts.

State of Missouri
St. Louis Countyss

Before the undersigned, personally came
this day, Preston Duty, one of the above named Com
plainants, who being sworn on his oath says that
the matters & things stated in the foregoing Supplemen
tal Bill are true to the best of his knowledge and
belief.

Preston his X Duty
mark Sworn to and Subscribed
May 21st 1845
Benj : F'.M Kenney
Justice of the peace
St. Louis County, Mo.

Supplemental bill

filed May 22nd 1845
Jno Ruland Clerk

Townsend
Goode & Cornick

4525

State of Missouri
County of Saint Louis ss

At a Term of the Probate Court begun and held at the City of Saint Louis within and for the County
of Saint Louis in the State of Missouri on the first Monday of December being the fourth day of said month in the year of our
Lord one thousand eight hundred and forty three, were present - Peter Ferguson Judge of said court - George H Kennerly
Esquire Marshal of the County of Saint Louis . Court adjourned from day to day until Saturday 23rd-December 1843. -

Saturday 23rd - December 1843. Court met pursuant to adjournment present same Judge

George W Coons , Administrator De Bonis non
with the will annexed of Milton Duty deceased

Annual Settlements order to pay 15 cents in dollar of 6th class
George W Coons administrator as aforesaid appears and exhibits his account for the annual settlement of his administration
of the estate of Milton Duty deceased where upon the Court examine and find that at his last settlement with this Court there
was a balance against him in favor of said Estate of Sixteen thousand four hundred and twenty six dollars sixty seven cents
that he has since received nineteen hundred and forty five dollars and that he has paid out Sixteen hundred and seventy
seven dollars eighty one cents leaving a balance against him in favor of said Estate of Sixteen thousand six hundred and
ninety three dollars eighty six cents, and on his motion the court order that he pay at the rate of fifteen cents in the
dollar on all the demands which have been allowed against the Estate of said deceased which have been
placed in the sixth class

State of Missouri
County of Saint Louis ss.

At a term of the Probate Court begun and held at the city of Saint Louis within and for the County of
Saint Louis in the State of Missouri on the first Monday being the second day of December in the year of our Lord one thousand
eight hundred and forty four, were present Peter Ferguson Judge of said court - William S M Knight Esquire Marshal of
the County of Saint Louis - court adjoured from day to day until Wednesday morning 18th December 1844
Wednesday 18th December 1844 Court met pursuant to Adjournment present same judge

George W Coons Administrator
of Milton Duty deceased

Annual settlement & order to pay 16 in dollar 6th class
George W Coons appears and exhibits his account for the annual settlement of his administration of the Estate of
Milton Duty deceased where upon the court examine and find that at his last settlement with the court there was a
balance against him in favor of said Estate of Sixteen thousand six hundred and ninety three dollars eighty six
cents, that assets have since come to his hands to the amount of fourteen hundred and seventy six dollars and that
he has paid out Six hundred and fifty one dollars sixty four cents, leaving a balance against him in favor of
said Estate of seventeen thousand five hundred and eighteen dollars twenty two cents of which Five Hundred
and seventy one dollars twenty eight cents is in cash and the Court order that he pay at the rate of sixteen cents in
the dollar on all the demands which have been allowed against the estate of said deceased which have been placed in the
sixth class in addition to the sum heretofore ordered to be paid

State of Missouri
County of Saint Louis ss

I Peter Ferguson Judge of Probate of the County of Saint Louis aforesaid certify that the
foregoing is a true copy of the settlements made by George W Coons as administrator of Milton
Duty deceased at the times therein mentioned and of the orders of payment made by the Probate Court of
said County for the payment of the demands established against the Estate of said deceased in the Sixth Class
and are the only orders made by said court for payment of said Sixth Class which said settlements and orders
are now of Record in my office

In testimony where of I hereto set my hand and affix the seal of the Probate
Court of the County of Saint Louis at office in said County this Sixth day of
January in the year of Our Lord One thousand Eight hundred and forty
five Peter Ferguson Judge of Probate

Exhibit B. no. 2

Milton Duty-order of payment 6th class

copy60certificate2585

In the St Louis Circuit Court .The separate answer of George W. Coons , admin
istrator of the Estate of Milton Duty deceased--

George W. Coons , administrator of the Estate of Milton Duty deceased, for answer to the Supplemental
filed by the complainants in this case against him
as one among other, defendants therein named, reserving
all right of exception to the mainfold errors, insuf
ficiencies, and irregularities therein contained, states in
answer to said supplemental Bill, and in addition
to what he has heretofore stated in answer to the
original bill of complaint filed in this cause
that true it is that he has made his several settlements
in the Probate Court, as in said supplemental charged
and shown by exhibits therein referred to, as the administrator
of Milton Duty deceased with the will annexed - and that
no demands have been established against said Estate
in the Probate Court since the filing of the answers
of this defendant.
This defendant says that to the best
of his knowledge and belief, the average amount of
money belonging to said estate in his hands since he
became administrator thereof has not exceeded
five hundred dollars, and he further states that
he has never made or received any profits
from such moneys as might from time to time
remained in his hands as administrator, and
that he has not had any occasion to use at any
time any of said moneys in his individual
transactions - that he has promptly paid out all
percentage amounts on claims according to the order of
the Probate Court, and he insists that he being responsive
for all moneys at all times in his hand as admin
istrator of said estate, had a right to keep it, or use
it in such manner as be might deem proper
subject to the orders of the Probate Court and that
he cannot be charged with interest therefor or for any
profits arising therefrom, even if any profits had
been derived .
This defendant further states that
it is not true that he was induced to administer
on said Duty's Estate with the hope on expectation
of realizing profits by speculating in claims
against said Estate, and that he has never purchased
any claim against said Estate, except, one
of our hundred and fifty dollars allowed in favor of
David Gentry , which it is possible this defendant
may have purchased from said Gentry , but
of which he has no positive knowledge or
recollection ~ but he knows that he never purchased
such claim at a discount, if he purchased the
same at all, but paid the full amount for it in
cash on merchandize, as he was in the habit of
selling goods to said Gentry .
This defendant utterly
denies the charge in said bill, that he has conducted
said administration regardfull of his own inter
ests only, and wantonly and cruelly regardless
of the last will of Milton Duty decd - and says
that the same is not true but false -
This defendant admits that Hery Fernandis
the original administrator of said Estate in Mississippi
has since died, but he does not know
whether Joel D. Anderson has succeeded him as
administrator or not: nor does he know
whether the administrator or representatives of
said Duty in Mississippi are or ever have been
liable for any balance or any thing, but

but from the best of his knowledge and information
and belief, he believes they are not liable to this
defendant, or to said estate of said duty for
any moneys belonging to said estate, nor for
any negligence in conducting the said respective adminis
trations - and this defendant says that it is a
matter of law as to which he is not informed
whether the administration in Mississippi is
ancillary to that of this defendant in Missouri or
not - that he does not know what the laws of
Mississippi are in relation to that
but insists that such is not the law, and that
such are not the facts in relation thereto as in
said bill alleged.
and he further says that he
has used all proper and reasonable diligence
to ascertain whether any moneys have been could have
been collected at any time by the administrator
of said Estate in Mississippi
on any notes or demands in favor of said
Estate against persons in said last mentioned
state, and that from the best of his knowledge
and belief no moneys have, or could
have been collected on any of said
claims. This defendant does not know whether
the two complainants, Harry and Henderson have
at twenty one said the filing of the original bill or
not, nor, but believes that, that one negro
child, has since been born, but whether his name
James or not he is not informed.
This defendant
does not know whether the claims of John & William
henderson are fraudulent and unjust or not,
but believes they are just - and says that they were
established by a judgement of a Court of
record, and properly defended against and by due
process of law established and allowed in
the St Louis Probate Court - and also in like manner the claim of the President
Directors & of the Planter's Bank of Mississippi , which this defendant believes to be just, and not fraudu
lent but he does not know whether the
last mentioned claim is or ever was the property
of said John & Willam Henderson or not, but
insists that in as much as he has heretofore owned
to a portion of the charge as to the last mentioned
claims, and in as much has they have
been already adjudicated in a court of competent
jurisdiction, that he
cannot be compelled to answer further to said
last mentioned charge, because it is not the subject matter of a supplemental bill -
and because he denies all knowledge
of any fraud or injustice in respect
to the establishment of said claims - this
defendant does not know whether Heywood
Boyette who has established a claim for four
hundred & forty one 32/100 dollars against said
Estate was security for said H. Fernandis or not;
but says that his claim was legally established
allowed in the Probate Court, and is
just to the best of his knowledge & belief, and
insists that the judgement of said court cannot
now be reversed, so as to affect the rights of this
defendant. This defendant says that he has fully
accounted for all the hires of the comnplainants
and that he has constantly kept them hired out
and kept them employed except in case

of Meaddison, who was for a time unable to work
in consequence of illness, or of Matilda , who was
kept in jail for a time, because she refused to
appear at the day appointed the Probate Court
for the hiring.
This defendant says
that he is not, and never was, to the best of his
knowledge the owner of the claims of M. W.
against said Estate - but he admits that he is the
owner of the claims of James Walton , Samuel Fernandis,
J.L.Croft, Elconoh English, and of the second
claim of Davis Gentry for two hundred & fifty dollars,
and of James Adams mentioned
in said supplemental bill, and also of the
claims of the claims allowed against said Estate
in favor of David Coons , one for twenty 50/100 -
dollars one for ten hundred and sixteen 89 1/2/100 Dollars - one
for twelve hundred and seventy two 93/100 dollars -
and one thirteen hundred and seventy three
86/100 Dollars, which are not mentioned in said
supplemental bill. That all of the cash above ment
ioned in claims were not purchased by
this defendant, but were given to him by his
father David Coons , at the time
when this defendant established himself
in business on his own account. That
they were all purchased or owned by
the said David Coons for their full amounts.
That none of them were purchased
at a discount by said David Coons , as this
defendant knows the facts from having been
a clerk for said David Coons and witnessed
all the transactions. This defendant says he
is not, and never has been the owner of any
other claims allowed against the estate of said
Duty to the best of his knowledge except
those herein above mentioned, nor
had any interest in any other, and
that they were all acquired by him as herein
above stated, and he believes them all
to be just. This defendant further states that he,
has fully accounted for the bill of the complainants
between the 25th day of August A . D . 1841 and the fifteenth
of January A.D. 1842, and between the fifteenth
of July 1843 and the 14th day of July 1844, and
the change in relation thereto in said bill
is not true.
This defendant further says
that he never to his knowledge or recollection
drew any money from L. G. Benoist & Co belong
ing to or claimed by the complainant Jesse ,
nor did he ever take or dispose of his horse
or dray to his knowledge nor does he
know whether he ever wiped horse or
dray, or acquired either by consent of
said Milton Duty in his life time, nor
whether or not he the said Jesse ever
deposited any money with L. G. Benoist & Co.
This defendant utterly denies
ever having collected with Robert Strong
and Heywood Boyette or either of them
for the purpose of fraudulently establishing
their claims against said estate, and says
that said charge is wholly false. He further says that all the classes prior to the
sixth class of debts have been paid.
This defendant further says that in relation
to his effort to collect money from the

administrator in Mississippi in his securities
that he has acted under the direction of the
judge of the St. Louis Probate Court
and in all respects obeyed his orders
and advice in relation to the matter,
this defendant admits that he has been
ordered to pay 31 cents an the dollar on all claims
in the sixth class, but says that more than
twenty five hundred and 90/100 dollars would still
be due by the addition of the amount of
interest due from the allowance upon
each claim in the 7th class - due also
it is that the debts of the sixth class amount
only to nineteen hundred and eighty
six 47/100 dollars excluding interest
but will amounts to more than that
sum including interest due thereon
so that a greater amount than forty four
hundred and ninety two 33/100 is due
by the amount of interest an each claim
from the time of its allowance - and the
assets in the hands of this defendant exclusive of the
complainants are not sufficient to pay the amount
still due to the creditors of said estate. And this defendant
further answering states that in his last annual
settlement of the December term of the Probate Court
A.D.1845, which he avers to be a true statement of
his account as administrator, he is charged with
notes uncollected amounting to the sum of four thousand
two hundred and seven 07/100 dollars, and with cash to the
amount of Seven hundred and ninety three 40/100 dollars
in rating the nominal amount of assets now in his
hands of cash & uncollected notes, exclusive of the
complainants, five thousand 40/100 Dollars - and this
defendant further states that owing to the insolvency
of the movers and endorsers of many of said notes
a large portion of said amount will never be collected
and according to the best of his knowledge and belief
at least Thirty three percent of the
amount of said notes cannot ever he collected,
and that he has no expectation of
ever realizing any thing from the administrator
in the State of Mississippi , nor from the notes delivered
by order the Probate Court to said administrator,
this defendant further states that the amount of claims
allowed and still due from said estate including principal
and interest is now about five thousand and nine
hundred dollars, to which is also be added
the sum of five hundred dollars, being the sum bequeathed
by the will of said Duty to Joel L. Anderson, making
the sum of Six thousand four hundred dollars.
His complainant further answering the several interrorg
atories in said supplemental bill, which have not herein
before been fully and particularly answered, says, that
the said claims of Robert Strong and Haywood
Boyette were exhibited and allowed in the Probate
Court more than three years after, letters of admin
istration upon the estate of said Duty were first granted
to him, but within three years to the best of his knowledge
and belief after the first grant of letters was revoked,
and the second grant of letters of administration
with the will of said Duty annexed, by virtue of which
last grant this defendant is now acting as administrator.
And this further states that he has made
no efforts to enforce any liabilities of the
administratators in Mississippi or their Securities.

because he is not aware of any such liabilities
existing - and furthermore he states that he has acted
under the directions and advise of the judge of the
St. Louis Probate Court in reference to said administration
in Mississippi , and has been advised by said Court
that he had nothing to do with said adminis
tration.

This defendant having fully answered said
supplemental bill, prays to be hence dismissed
with costs and that the pray of said
bill may not be granted to.

Geo W. Coons admn.

State of Missouri
Court of St. Louis
ss.

I, George W. Coons being duly
sworn on his oath says that the facts setforth
in the foregoing answer are true, so far as stated
to be of his own knowledge - and so far as stated
upon information derived from others he believes
the same to be true.

Geo. W. Coons admn. Sworn to Subscribed before me
This 13 May 1820 by
John Ruland Clerk.

Answer of George W .
Coons to supplemental
Bill.

Gamble &
Wallor
Solrs. for deft.
Filed July 13, 1846 by
John Ruland Clerk.

In St. Louis Circuit Court of Chancery

The replication of Preston, Braxton and others, com
plainants, to the answer of Geo W. Coons defendant
to the supplemental Bill of said complainants
filed against said Defendant.

These replicants having
and reserving to themselves all and all manner of
advantage of exception which may be had
and taken to the manifold errors, uncertainities
and insufficiencies of the said answer of the
said defendant, for replication thereunto
say that they do and will aver maintain
and prove their said supplemental Bill
to be true certain and sufficient in the
law to be answered unto by said defendant
and that the answer of said defedant
is uncertain, evasive, and insufficient
to be replied unto without this that
there is any other matter or thing in
said answer contained material to be
replied unto, and not herein & hereby
sufficiently replied unto, confessed or
avoided, traversed or denied is true
all which these replicants are ready
and willing to aver maintain and prove
as this court shall direct, and pray
as they have by their Bill they have
prayed.

J B Townsend
for .

St. Louis Circuit Court

Replication.

filed 21 April 1846 by
John Ruland Clerk.

And the said
Robert Strong one of the said defe
ndants by Hudson his attorney
comes and moves the court to
dissolve the him for
the on this that all and
the motions and charges
so far as uncertain to said Strong as
alleged in said his him fully
denied and then being so a
further in restoring or
said Strong from proceeding in
said cause at law to collect the
amount due by said Estate of
M Duty Decd.

Hudson for
Strong

Motion to dissolve

Hudson for
Strong