To the Honorable John M . Krum Judge of the Circuit Court of St. Louis County:
Your petitioner, Nat , a man of color humbly
represents to your Honor that he was purchased
and held as a slave by one Milton Duty, in his
lifetime, since deceased, that the said Duty
being then a resident of the State of Mississippi
by his last will and testament, dated the 26th
day of October 1836, directed that at his decease
your petitioner, among other slaves which he
then owned, should be manumitted and set
free and sent to the State of Missouri , of the
laws of said last mentioned State would permit
the same. Your petitioner further represents that
the said Duty removed your petitioner, amongst
other his said slaves, to the said State of
Missouri , in the month of March 1837, and in
the month of August 1838 departed this life
in the city and county of St. Louis and State
of Missouri , having made no other will than
the one above-mentioned; that the said will
was, as your petitioner is informed and believes,
established and admitted to probate in the Pro-
bate Court of Warren County in the State of
Mississippi on the 26th day of November 1838,
and on the 22nd of June 1839, was recorded as
the last will and testament of the said Duty
in the County Court of St. Louis County and letter
of administration thereof granted to one George
W . Coons of the said city and County of St. Louis ,
who now, as your petitioner verily believes,
wrongfully and unjustly holds him in slavery
Your petitioner therefore humbly prays that he
may be permitted to prosecute this his suit for
freedom as a poor person, that counsel be as-
signed him, and that the orders, prescribed by
Statute in such cases, be made in his be-
half, and as in duty bound he will ever
prays &c.
Nathaniel his Mark
State of Missouri
St. Louis County
ss.
This day personally came before
me the undersigned, the above named petitioner
Nat , who being duly sworn on his oath says
that the facts Stated in the foregoing petition
are true to the best of his knowledge and be-
lief.
Sworn to and subscribed
before me this 4th Day
of June 1844. Witmore Nathaniel his
Mark of the
State of Missouri
St. Louis County
ss.
Nat , a man of color plaintiff com-
plains of George W. Coons defendant of a plea of trespass
and false imprisonment, for that the said de-
fendant on the tenth day of June A.D. 1844,
with force and arms, at the County aforesaid
assaulted the said plaintiff and then and there
beat, bruised, and ill-treated him, and then
and there imprisoned him, and kept and
detained him in prison there, without any
reasonable or probable cause whatsoever, for
a long time, to wit: for the space of six hours
then next ensuing contrary to the will of the
said plaintiff and contrary to the laws of the
State of Missouri :
And the said plaintiff was that before
and at the time of the commission of the griev-
ances by the said defendant above mentioned, he
said plaintiff was and still is a free person
and that the said defendant held and still
holds him in slavery, against the peace of
the State of Missouri and the liberties of the
people thereof, and to the damage of the plain-
tiff, of five thousand dollars, wherefore he sues
Risque o Townsend
for plff.
St. Louis Circuit Court
November Term 1844,
Nat . (a man of color)
vs.
George W .
Suit for freedom
Set Summons
Rusque & Townsend
Make the
orders of R & J .
appointed a
Council
County of St. Louis , ss.
The State Of Missouri ,To the Sheriff of St. Louis CountyGreeting:
We command you to Summon George W. Coons if
he be found in your County that he be and appear
before the Judge of our Circuit Court , 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 Nat
a man of color of his petition for freedom
to the damge of said plaintiff
dollars: And have you then there this writ.
Witness, John Ruland , Clerk of our said Court,
with the seal thereof hereto affixed, at office, in the
city of St. Louis , this eleventh day of
June in the year of our Lord eighteen
hundred and forty four John Ruland Clerk.
I acknowledge myself bound for all costs that may accrue in the above cause.
Witness my hand and seal, at St. Louis , this day of 184
Plea filed 15 p 292. Mo to dismiss reasons therefore filed 16 p 202. mo overruled
16p 27. Jury verdict for Deft Jany 27 1846. 17p 59. Motioned trial &c 17 p
mo overruled bill of exceptions filed mo & appeal filed same prosecuted 7p 9
No 35
St Louis Circuit Court
November term 1844
Not (a person of Color
vs & summons
12th June
George W . Coons
Suit for freedom
Risque & Townsend
On hearing petition it is ordered that the petitioner be permitted to sue as
poor person to establish his right to freedom
and the Court doth assign Risque
& Townsend as his counsel and that he have reasonable liberty to attend the court
and his counsel as occasion may require
that he be not removed out of the jurisdiction of this Court
and that he be not subjected
to any severity an account of his applica-
tion for freedom.
John M 8th Filed June 11th 1844 John Ruland Clerk free
Executed this with in the county
of St. Louis on the 12th day of June 1844 by
offering to read it and the declaration for
George W. Coons , the defendant which he refused
to hear Also by reading to the said George
W Coons the orders of the Judge endorsed upon this writ
William Milburn Shff
by A. L . Osburne Depy
Fees $ 1.50
Nat (a person of color)
vs
George W.Coons In the St Louis Circuit
Court
Nov Term 1844
And now comes the said defendant, George W.Coons
by his attorney, and says that he is not guilty of the
said several supposed grievances or either of them
in manner and from as the same are by said
plaintiff in his declaration above charged and
alleged against him and of this he puts himself
upon the county &
And for a further plea in this behalf the said
defendant says that the said plaintiff was
not at the time of the commencement of this
a free person, in manner and form as in said
declaration above alleged against him and of
this he puts himself upon the country &
J B Walker
atty for Dept.
Nat (a person of color)
vs
George W.Coons
Plea
J B Walker
atty for DeptFiled Nov 18th 1844 John Ruland Clerk
Nat
A Person of color
vs
Geo W Coons adm of
Duly In St Louis Circuit Court
April Term 1845
And the said deft & his
attys comes and moves the Court to
and cause for the following reasons
1 Because the in this cause
was illegal and granted withoutauthority of law
2 Because the said plff had no right to
an action without firstfinding an affidavit
according to the provisions of the statute
his such case made & provided
3 Because there is no sufficient affedavit filed
4 Because said supposed affedavit
is informal unsufficient & illegal
5 Because said plaintiff being a negro
he could not make an affedavit against
the deft who is a white man
6 Because the said complaint & affedavit
are in other respects informal & insufficient
7 Because the Clerk asked without legal
authority in the plaintiff to sue
in manner ofens and
Walker & Hudson atty for
deft
Nat of color
vs
Geo W Coons adms,
Motion to
Walker & Hudson
attys for deftFiled 9 may 1845 John Ruland Clerk
Nat of Color
vs
George W Coons
We the jury in the above
entitled case find the defendant not guilty
in & as charged in the
plaintiff's declaration
A
Nat of color
vs
Geo W.Coons
Verdict for Deft
Nat (a person of color)
vs
Geo. W . Coons In St Louis Circuit Court
And now comes the said plaintiff by his attorney
and moves the Court toset aside the verdict of
the Jury, rendered in this cause, and for a new
trial for the following reasons, viz:
1. Because said verdict is against law.
2. Because said verdict is against the evidence given in
said cause.
3. Because said verdict is against the weight of evidence.
4. Because said verdict is against law and evidence.
5. Because the court rejected legal & competent evidence
offered by said plaintiff.
6. Because the Court misinstructed the Jury.
7. Because the Court refused to give legal instructions
asked by said plaintiff.
8. Because the Court admitted illegal & improper evidence
on the the defendant in which were objected to
by to plaintiff -
Townsend
for plff.
St. Louis Circuit Court
Nat (a person of Color)
vs
Geo. W . Coons
Motion by plff. for new
trial
Filed Jany 28. 1846 Jn. Ruland Clk
Nat (a person of color)
vs
Geo. W. Coons In St. Louis Circuit Court
Be it remembered that on the trial of this cause
to wit : on the twenty seventh day of January
A. D. 1846. the said plaintiff offerred in evidence
a certified copy of the record of the authenticated copy of the
will of Milton Duty decd. and probate thereof
as recorded in the probate court of St. Louis county,
which is in the words & figures following to wit:
(here insert said copy and certificates marked A.) to the reading
of which as evidence the defendant by his counsel
objected, and the court sustained the objection
and excluded said copy, to which exclusion
the plaintiff by his counsel then and there ex-
cepted ; the plaintiff then offered the original
authenticated copy of said will and probate thereof with the certificate of the clerk
of the county court of St. Louis county that the
same were recorded in his office in the words & figures following (here
insert said copy and certificates, marked B.)
to the reading of which in evidence the defendant by his
counsel objected the was overruled and the court allowed said that men-
tioned copy to be read to the jury ; the plaintiff then offerred
in evidence and read to the jury the following
extracts from the statutes of the State of Mis -
sissipi No. 1 to wit (here insert § 2 page 385, of
the Statutes of the State of Mississippi compiled
by V. E. Howard and A. Hutchinson, published
in 1840 also insert § 11 at page 387, also § 12
page 388, also § 17 page 389, also § 18 of Article
of constitution of Mississipi, also § 1 & 2 pages
468 or 469, also § 10 & 12 at page 470, of same
statutes, compiled and published as aforesaid)
also said plaintiff offerred and in like manner
read to the jury, the following section of the consti-
tution of the state of Mississippi to wit : (here
insert the 18 section 4th Article of constitution
of state of Mississippi from page 26 of same
compilation). Plaintiff then examined as
a witness for him Richard Dowling , who
stated that he knew Milton Duty in his
lifetime, that said Duty was residing at the
time of his death in the city of St Louis , state
of Missouri , that he recollected the time of
said Duty's death, having been at his residing
a few minutes thereafter, that said Duty
was, in his opinion, upworth of 30 years
of age at the time of his death, that said
Duty, in a conversation which witness had
with him some few days before his death,
declared that he intended to free his slaves, some 30 in number
at his death, as he
had made a will to that effect, that
the negroes of said Duty were in the
city of St Louis at the time of his death,
and that witness had seen the plaintiff
at the house of said Duty prior to his
death. Plaintiff then examined David
Adams , as a witness on his behalf, who stated
that he was acquainted with said Duty in
his lifetime, that said Duty, at the time
of his death, was residing in the lower part
of the city of St Louis , near to witness, that
said Duty died in St. Louis in the year 1837
or 1838, that he had been residing in
said city some months, witness could
not say how long, previous to his death,
that said Duty removed from the state of Mississippi to the state of Missouri and brought
of (.1) in
of
[1A] no. 1 # The title page of which is in the words & figures following
to wit, (here insert title page of statutes) The
plaintiff then produced Briggs, who testified
that he had practiced law some 8 years in the state
of Mississippi , and that the said copy, of that the
statutes was the one generally used in that state
as the one by authority of law in that
State, and was procured by him from the clerk of
"Court of Record in that state- To the rending
of which extracts from said copy of the statutes
and to the testimony of said Briggs the defendant
objected, and the objection was overuled by the Court
and the defendant excepted to saiddecision overruling
the same, and the plaintiff then read in evidence
the following from saidstatutes,
his negroes with him from said state of Mis-
sissippi to said state of Missouri , that the plaintiff, here in court, is one of said Duty's
negroes, but witness did not know his
name, that said Duty had some 25 or 30
negroes at the time of his death. Plaintiff
then examined James Adams , likewise a
witness for said plaintiff, who stated that
he was acquainted with said Milton Duty
now deceased, that said Duty lived in
the city of St. Louis , and about 75 feet from
the residence of witness, that said Duty
died in said city in July or August in the year 1838 or 1839, that said Duty came to
St. Louis from the lower country and brought
his negroes with him, that plaintiff's name
is Nat , and that he said plaintiff Nat
was one of the negroes of Milton Duty,
that witness had been said Nat hired
out by said defendant as a slave at the Court House
door in St. Louis about seven years ago and hence the death of said Duty
and before the bringing of their suit and that said defendant at
Plaintiff then examined as a witness on his
twice hired him back at public as the administrator of said Duty
behalf, Dr. J. V. Prather , who stated that
he attended on some of the slaves, of said
Duty, prior to his death, as a physician, that said Duty, was, at the time of his death, and had
been, for from two to four years prior thereto,
a resident of the city of St. Louis State of Mis -
souri, and had his negroes likewise in
said city and state, said negroes being
twenty or more in number, that witness
had seen plaintiff about the premises of
said Duty prior to his death, that said Duty
told witness that he came from the State of
Mississippi to the state of Missouri .
Plaintiff thereupon nested his cases
The defendant then offered and read in
evidence the following extracts from the statutary
of the State of Mississippi to wit: (here insert
& 47 at page 166 of same compitation of stats. of
Mississippi above mentioned), also, said defendant
offerred in evidence, the letters of ad-
ministration with the will annexed, upon
the estate of said Duty, granted to said
defendant by the County Court of St. Louis County
(here insert said letters, marked 6.) to the reading of which in evidence, the plaintiff
by his counsel then had there objected, but
the Court overruled said objection, to which
ruling of the Court the plaintiff by his Coun -
sel then and there excepted, and said letters
were thereupon read in evidence Defendant
then read to the Jury the following certifi-
cate of Peter Ferguson , Judge of Probate of
St. Louis County, to wit: (here insert said
Certificate marked D.) — Defendant
them offerred in evidence a paper purposing
to be an abstract of the demands established
against the estate of Milton Duty, deceased,
and the several settlements of George W. Coons
administrator of said estate, from the year
1839 up to the year 1842, both inclusive,
in the words and figures following, to wit:
(here insert said Abstract and settle-
ments, contained in ``Exphibit 6 No. 1 in
answer of Geo. W.Coons adr. of Duty'') to
the reading of which in evidence the plain-
tiff by his counsel objected, but the Court overruled said objection and allowed said
paper to be read, to which ruling of the Court
the plaintiff by his Counsel then and there
expected. The defendant thereupon rested
his defense.
The plaintiff then offered and read in
evidence the following paper, purporting to
be an ``Inventory of Property belonging to the
estate of Milton Duty deceased,'' and affida-
vit thereto annexed, which paper is in
the words and figures following
to wit: (here insert paid
Inventory and affidavit, and the Certificate
of Peter Ferguson Judge of Probate, that
the same is a true copy of Inventory or )
said certificate being at foot of a settlement
of 1841 & included in above mentioned Exhibit
6 no. 1. in answer of Geo. W. Coons of
Duty) justice rendering of which & certificate
the Defendant by his emerger objected, and the —
objection was overruled by the court, and exception to them by
the defendant to such overruling
Plaintiff then offered and read in evidence
a paper purporting to be settlements of said
Geo. W. Coons adr. or, in the years 1843
and 1844, in the words and figures following,
to wit: (here insert said settlements and
certificate of Judge of Probate, marked
Exhibit A, No, 2) . Plaintiff then offerred
and read in evidence the following paper purporting to
be a true of copy of the letters of administration
granted to Geo. W. Coons on then estate of Milton Duty
deed, to wit: (here insert said paper mark-
ed &.) To the reading, of which the defendant —
objected, and his objection was overruled by
the court and the defendant except the
decision of the Court overruling, the same —
. The plaintiff then offerred
to prove that, soon after the appointment of
said defendant Geo. W. Coons , as administra-
tor of the estate of said Milton Duty, died
he said Coons took into his possession assets
belonging to said estate, which, exclusive
of said plaintiff and other negroes belong-
ing to said Duty at the time of his death,
were much more than sufficient to pay
all the debts established against the estate
of said Duty, that he said defendant wasted
and squandered a large part of said assets,
that he collusively permitted demands against
said estate to be established and allowed,
at the time of said allowance barred by
statute, that whilst he was such admin-
istrator, and prior to the commencement
of this suit, he had bought in, at a large
discount, demands against said estate,
and procured the same to be allowed for the
whole original amount of said demand
and that there was, at the time of
the commencement of this suit, in his
hands to be administered as such admini-
istrator, money, over and above what he
had thus squandered and wasted, more
than sufficient to satisfy all demands
established against said estate, remaining
at that time unpaid, Plaintiff likewise
offerred to prove that the demands allowed
against said estate and placed in the 7th class
were at the time they were exhibited
to said administrator for allowance, barred
by the statute of this state, but were
permitted to be established without objection
on the part of said administrator, and
without his setting up or pleading the
statutory bar ;
Plaintiff then offerred to prove by the
following records of the Probate Court of St. Louis
County, that the allowance
of one of said claims in the 7th Class , to wit:
that of Robert Strong, had been set aside
since the time of said allowance (here insert all of
said Record & transcript) marked which proof, offered as aforesaid by said plain-
tiff, the Court rejected, to which rejection
of by the Court the Plaintiff by his Counsel
then and there excepted. No further evi-
dence was offerred or given by either party.
The plaintiff thereupon asked the following
instruction to the Jury (here insert instruction
asked by plff., marked ) which the court
refused to give, to which refused the plain-
tiff by his counsel then and there excepted. The
Court thereupon instructed the Jury as follows
to writ: (here insert instructions given by Court
marked respectively G. & H .) to the giving of
which instructions the plaintiff by his Counsel
then and there excepted. The Jury there-
upon rendered a verdict for the defendant
which verdict the plaintiff, afterwards
to wit, an the 28th day of January 1846
moved to set aside and that a new trial might
be granted to the plaintiff, for
reasons annexed to said motion, which
said motion and reasons in support there
of are in the words and figures following
(here insert motion & reasons for new trial)
which motion the court, afterwards, overruled
to which ruling of the court the plaintiff
by his counsel then and there expected. The
plaintiff prays that this his Bill of exceptions
may be signed by the Court and made part of the record, which is done.
John M
St. Louis Circuit Court
Nat (a person of Color
vs
Geo. W . Coons
Bill of Exceptions
filed July 4 1846 Clk
Be it Remembered that on Monday the 26th day November AD. 1838 (that being the 4.th Monday
in said month.) a probate court was commenced and held in and for the County of Warren at the Court
House thereof in the city of Vicksburg present Hon. James Bland Judge & W Morris Shff. & B Scarbrough
Clk. A writing purporting to be the last will and testament of Milton Duty dec. was this day
produced in open court and proven by the oath of William C. Smedes one of the subscribing witnesses thereto
whereupon it is ordered that the same be admitted to Record at probatum est- and is in the words and figures
following, to wit; I Milton Duty of Warren county State of Mississippi do make and publish this my
last will & testament revoking and making void all former wills by meat anytime heretofore made - and
first I direct that all my personal Estate Excep- that herein after ortherwise disposed of consisting of Horses.
Oxen, Cows, present growing crop farming utensils, blacksmith tools to be disposed of in such manner as
my Executor shall appoint and the proceeds to be appropriated to the payment of my just debts & all other legal
demands against my Estate, in case my personal Estate should not prove sufficient to meet these ends- It is
my wish that the following named negroes or so many thereof of as shall be absolutely required be sold for those
purposes-To wit- Maria - Ann-Milly & her five children- Maria & Ann to be sold first- and then in case there should still be not enough, Milly and her five children to be sold to either Jhos Irvens, Egbert Sessions or David D
Gibson whichever of the three will give most for them -Also I direct that all my negroes not otherwise disposed of
consisting so far as I recollect of the following wit: Chairty- Nat-Olivia-Braxton-Preston-Louisa-Malinda-Howard
Seuny- Clarissa-Ann Eliza-Lucy-Mary-Louis, Mary , Beverly, Alfred -Sam, Caroline-Ellen-Jesse-Lydia-Nelly
Elizabeth-Jordan-Madison -Henderson- Harry - Charlotte-Harrison, Amanda & likewise the Maria , Ann &
Milly with he five children above mentioned in case it should not be necessary to sell them to meet the payment
of my debts & all other negroes whatsoever that may belong to me at the day of my death be free and manumitted
& that they be sent out of this State into the State of Missouri , if the laws of that State permit the admission,- if not, to such
other State or teritory in the United States as under the direction of Judge John J Guion shall be deemed most suitable
for their condition- Also I direct that the sum of five hundred dollars be given to Loel D Anderson my brother in
law for his services rendered me on my plantation during the present year — Further, I direct that my Gold watch
and chain & all my wearing apparell be given to my negro boy Preston , the fifth mentioned in the above list for
his faithfulness & honestly to e since he has been in my possession — further, I direct that if after the payment
of my debts, the removal lof my negroes, and the payment of the above legacies there should be a surpluss of my
personal Estate amounting to a thousand dollars or less- the said surpluss be given to my negro Mary whom I
purchased 3 years ago of Wm Allen Esq & also if there should be a greater amount than one thousand dollars
all over the remainder to be equally divided between the aforementioned & his brother Braxton Further
I direct that in case it should be wish of the three last mentioned negroes to wit, Mary Preston & Braxton to
remain in Warren County among their relatives that they be permitted to do so provided the requisite securities can
be found And I do hereby make & ordain my esteeemd neighbour Judge John J Guion Executor of this my last
will and testament, requesting him to employ as his agent in settling my estate, say one or more of the following named
gentlemen to wit Mark Valentine, David D Gibson, Jefferson Nailer or Jesse Evans , - In case of the death
of John J Guion Esq. - David D . Gibson Esq to be executor in his stead And lastly my Express
will and desire is, I do hereby order and appoint that if any diference or dispute question or controversy
shall arise or happen concerning any gift bequest or other matter or thing in this in this my will given &
bequeathed expressed or contained that the same shall be refered wholly to the award order & determination
of my esteemed friend & Executor Judge John J Guion & whatsoever he shall order and determine therein shall be binding & conclusive to and on all person of persons therein concerned
- In witness whereof J Milton
Duty the testator have to this my will written on one Sheet of paper set my hand and seal this twenty sixth day of
October in the year of our Lord One thousand eight hundred and thirty six
Milton Duty Witness W. C. Smedes Samuel Fernandes
Afterwards at the December term of said Court 1838 the following order was made to wit, David D Gibson
and Mark Valentine two of the Executors agents named in the last will and Testament of Milton Duty deceased this day
filed their relinquishment of the right of said agency — Also the following order at the January term 1839: -to wit—
on application of Henry Fernandes it is ordered that he be appointed adminstrator ad Colligendum of the Estate of
Milton Duty deceased upon his entering into bond in the penal sum of Six thousand dollars with Levi Stephens and
Heywood Boyett as his securities, whereupon he entered into bond accordingly and took the oath prescribed
by law and letters were issued in due form of law
The State of Mississippi
Warren County S.S .
J Edward B Scarbourgh Clerk of the Probate Court of said county do hereby certify that the
foregoing will of Milton Duty and orders of court has been correctly copied from the Records in my office
and I do further certify that that the foregoing returns is all that has been made in said Estate of Milton Duty deceased
Given under my hand and seal of office this 1st day of June 1839. Ed. B Scarbrough Clk
State of Mississippi
Warren County Ss.
I James Bland Judge of the Probate Court in and for the County and State aforesaid do hereby certify
that Edward B Scarbrough whose certificate and seal of office is herewith attached was as the time of so doing and still is the
Clerk of the Probate Court in and for the County of Warren and State of Mississippi duly elected commissioned and qualified
as such, and that full faith and credit are due and ought to be given to all his official acts as such and that said
certificate is in due form of law- Given under my hand and seal in vacation in the City of Vicksburg , county and State
aforesaid this 5th day of June 1839- James Bland Judge of the probate court
Recorded 22nd June 1839 Henry Chouteau Clerk
State of Missouri
County of Saint Louis
ss
I Henry Chouteau , clerk of the county court within and for the county of Saint Louis in the
State of Missouri do certify that the foregoing is a true copy of the certified copy of the will of Milton Duty deceased
and the certificates accompanying the same as the same now remains of Record in my office in the Record of Sellers
and wills book B page 424 and following
In testimony whereof I hereto set my hand and affix the seal of said court at
office in the City of Saint Louis in the county and state aforesaid this Ninth
day of November in the year of Our Lord One thousand Eight hundred and
Forty.
Henry Chouteau Clerk
State of Missouri County of Saint Louis
I Peter Ferguson Judge of Probate of the County of Saint Louis in the State of Missouri certify that
foregoing is a true copy of the Record of the authenticated copy of the will of Milton Duty deceased and the Probate
thereof remaining in my office appearing of Record in my office in the Record of letters and wills book
B page 424 and following (excepting from this certificate the certificate of Henry Chouteau Clerk which immediately precedes
this certificate)
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 in the State of
Missouri this twenty first day of January in the year of Our Lord One
thousand Eight hundred and forty six Peter Ferguson
Judge of Probate
Copy of Record of will of Milton Duty dec.
Copy $1.25
Certificate 25
1.50
A
For mr Risque
Be it Remembered that on Monday the 26th day of
November AD 1838 (that being the 4th Monday in
said Month) a Probate Court in an commenced and
held in and for the County of Warren at the Court
House thereof in the City of Vicksburg
Present Hon James Bland Judge Morris Shff E.&.B. Scarbrough Clk
A writing purporting to be the last will and
testament of Milton Duty decd day
produced in open Court and proven by the oath of
William C Smedes one of the Subscribing witnesses
thereto whreupon it is ordered that the same be admitted
to Record at probatium est and is in the words and
figures following to wit
I Milton Duty of Warren County
State of Mississippi do make and publish this my last
will a testament working and making void all former
wills by me at any time heretofore made —
And first I direct that all my personal Estate except
that herein after otherwise disposed of consisting of
houses, oxen, cows, present growing crop farming -
, blacksmith tools & be disposed of in such manner
as my Executor shall appoint and the proceeds to be appropriated to the payment of my just debts & all other legal
demands against my Estate, in case my personal Estate
should not prove sufficient to meet these ends—
It is my wish that the following named negroes or So
many thereof as shall be absolutely required be sold for those
purposes- To wit Maria , Ann, Milly & her five Children
Maria & Ann to be sold first and there in case there should
still be not enough Milly and her five Children to be sold
to Thos Irvins Egbert Sessions or David D Gibson
whichever of the three will give most for them.- Also I
direct that all my negroes not otherwise disposed of
consisting so far as I recollect of the following to wit-
Charity Nat, Olivia, Braxton, Preston, Louisa Malinda
Howard Seary, Clarissa, Ann Eliza, Lucy, Mary
Louis, Mary , Beverly, Alfred , Sam, Caroline, Ellen, Jesse
Lydia, Nelly, Elizabeth, Jordan, Madison , Henderson
Harry , Charlotte , Harrison, Amanda otherwise the
Maria , Ann & Milly with he five children above mentioned
in case it should not be necessary to sell them to meet the
payment of my debts & all other negroes whatsoever that
may belong to me at the day of my death be free and
manumitted - & that they be sent out of this state into the state
of Missouri if the laws of that state permit the admission if
not to such other state or teritory in the United States as
under the direction of Judge John J Guion shall be deemed
most suitable for their condition —
Also I direct that the sum of five hundred dollars
be given to Joel D Anderson my brother in law for his
services rendered me on my plantation during the present
year
Further, I direct that my Gold watch and Chain &
all my wearing apparell be given to my negro boy Preston
the fifth mentioned in the above list for his faithfulness
& honesty to me since he has been in my possession —
Further I direct that if after the payment of my debts
the removal of my negroes and the payment of the above
legacies then should be a surplus of my personal Estate
amounting to a thousand dollars or less the said surplus
be given to my negro Mary whom I purchased 3 years ago
of Wm Allen Esq & also if there should be a greater amount
than one thousand dollars all over the remainder to be equally
divided between the aforementioned & his Brother Braxton
Further I directed that in case it should be wish of
the three last mentioned negroes to wit Mary, Preston
& Braxton to remain in Warren County among their
relatives that they be permitted to do so provided the
requisite securities can befound —
And I do here by make & ordain my esteemed neighbor
Judge John J Guion executor of this my last will and testiment
requesting him to employ as his agent in Settling my Estate
say one or more of the following named gentlemen to wit
Mark Valentine, David D Gibson Jefferson Nailen or
Jesse Evans , In case of the death of John J Guion Esq David
I GibsonEsq to be Executor in his stead —
And lastly my express will and desire is I do hereby
order and appoint that if any defiance or dispute question
or Controversy shall arise or happen Concerning any
gift bequest or other matter or thing in this my will
given & bequeathed expressed or contained that the same shall
be refusedwholly to the award order & determination of my
esteemed friend & Executor Judge John J Guion & whatsoever
he shall order and determinetherein shall be binding
& conclusive to and on all person or personstherein concerned
In witness whereof I Milton Duty the
have to this my will written on one sheet of paper set
may hand and seal this twenty sixth day of October in the
year of our Lord One Thousand Eight hundred and thirty six
Witness
N. C.
Samuel Farnandes Milton Duty
Afterwords at the December Term of Said Court 1838
The following order was made to wit
David D Gibson and Mark Valentine two of the Executions
agents named in the last will and Testament of the Milton
Duty deceased this day filed their relinguishment of the
Right of said agency
Also the following order at the January Term 1839
To Wit
On application of Henry Farnandes It is ordered
that he be appointed administration corrigendum
of the Estate of Milton DutyDecd upon his entering into
Bondwith in the penal sum of six thousand Dollars
with Levi Stephens and Heywood Boyett as his securities
whereupon he entered into Bond accordingly
and took the on the oathprescribed by said and letters were
issued in due form of Law.
The State of Mississippi
Warren Country ss
I Edward B Scarbrough
Clerk of the Probate Court of
said County whereby certify that the foregoing mill
of Milton Duty and orders of Court has been correctly
copied from the records in my office, and I do further
certify the foregoing returns is all That has been made
Estate of Milton Duty deceased
Given under my hand and seal
of office this 1st day of June 1839.
E. B. Scarbrough Clk
State of Mississippi
Warren County
I James Bland Judge of the Probate
Court in and for the country and state aforesaid do hereby cer
tify that Edward B. Scarbrough whose certificates and seal
of offices is herewith attached was at the time of so doing
and still is the clerk of the Probate Courts in and for the
county of Warren and states of Mississippi duly elected
commissioned, and qualified as such and that full faith
and credits are due and ought to be given to all his official
acts as such and that, said certificate is in due from of
Law. Given under my hand and seal in vocation in the
City of Vicksburg County, and states aforesaid this 5th day of
June 1839
Jas. Bland Judge of the Probate Courts
State of Missouri
County of Saint Louis
ss
I Henry Chouteau Clerk of the County Court within and for the County of Saint Louis in the
State of Missouri do certify that the foregoing copy of the last will and testament of Milton Duty deceased, and of the
certificate of probate thereof, of the orders made concerning the same and of the certificate of Record and authentication
are truly Recorded in my office in the Record of letters and wills book B page Four hundred & twenty four & following.
In testimony whereof I hereto set my hand and affix the seal of said court
at office in the county aforesaid this Twenty second day of June being the day of the Record thereof
in the year of our Lord one thousand Eight hundred and thirty nine Henry Chouteau Clerk
fees in all
Gp E. B. Pratt .
State Of Missouri ,
County Of St. Louis ,
Ss.
By the tenor of these Presents, I, Henry Chouteau , Clerk
of the county court within and for the county of St. Louis , in the State of Missouri ,
Do Make Known Unto All Men,
That the last will and testament of Milton Duty late of the
county of St. Louis , deceased, was in common form of law proven, approved, and exhibited, a
true copy whereof is to these presents annexed, having whilst he lived and at the time of his death,
divers goods, chattels, rights and credits, within the said county of St. Louis , by reason whereof, and the approbation of said last will and testament, and whereas John J Guion the executor
named in said last will and testament, had renounced his right to act in that capacity
and declined taking upon himself the execution of said last will and testament, these
letters of Administration with the will annexed are granted to George W. Coons in obedience
to an order of said court with full power and authority to administer the goods and chattels, rights and credits, of the
said
deceased, and to do and perform and execute the said last will and testament, and to pay the debts
of the said deceased, as far as the assets which shall come to his hands will extend and the law direct, he having first
given sufficient security, and taken the oath well and truly
to perform and do the premises.
In Testimony Whereof, I have hereunto set my hand
and affixed the seal of said county court, at St. Louis , this
Twenty fourth day of June
in the year of our Lord one thousand eight hundred and thrity nine Henry Chouteau , Clerk.
I, Henry Chouteau , Clerk as aforesaid, do hereby
certify that the above letters of Administratin with the will
annexed on the Estate of Milton Duty deceased are duly
recorded in my office, this Twenty fourth day of
June 1839
Henry Chouteau Clerk.
Be it Remembered that on Monday the 26th day of November A,D, 1838 (what being the 4th Monday in said month) a
Probate court was commenced and held in and for the County of Warren at the Court house thereof in the City of Vicksburg .
Present James Bland Judge E. W. Morris Shff. Ed. B. Scarbrough clk.
A writing purporting to be the last will and testament of Milton Duty deced was this day produced in open
court and proven by the oath of William C Senedes one of the subscribing witnesses thereto whereupon it
is ordered that the same be admitted to Record al probatum est and is in the words and figures following to wit.
I, Miton Duty of Warren County State of Mississippi do make and publish this my last will & Testament
revoking and making void all former wills by me at any time heretofore made — And first I direct that
all my personal estate except that herein after otherwise disposed of consisting of Horses, Oxen Cows, present
growing crop, farming utensils blacksmith tools to be disposed of in such manner as my executor shall appoint
and the proceeds to be appropriated to the payment of my just debts & all other legal demands against my Estate, in
case my personal estate should not prove sufficient to meet these ends — It is wish that the following
named negroes or so many thereof as shall be absolutely required be sold for those purposes To wit - Maria , Ann -
Milly & her five children- Maria & Ann to be sold first- and then in case there should still be not enough
Milly and her five children to be sold to either Thos Irvens, Egbert Sessions or David D Gibson, whichever of the
three will give most for them — Also I direct that all my negroes not otherwise disposed of consisting so far
as I recollect of the following to wit. Charity- Nat, Olivia Braxton, Preston, Louisa, Malinda, Howard , Seuny
Clarissa, Ann Eliza, Lucy, Mary louis. Mary , Beverly, Alfred , Sam, Caroline, Ellen, Jesse, Lydia Nelly
Elizabeth, Jordan, Madison , Henderson, Harry Charlotte, Harrison, Amanda & likewise the Maria , Ann &
Milly with he five children above mentioned, in case it should not be necessary to sell them to meet the
payment of my debts & all other negroes whatsover that may belong to me at the day of my death be free
and manumitted- & that they be sent out of this State into the State of Missouri if the laws of that State
permit the admission, if not to such other State or teritory in the United States as under the direction of Judge.
Jon J Guion shall be deemed most suitable for their condition And I direct that the sum
of five hundred dollars be given to Joel D Anderson my brother in law for his services rendered me on my
plantation during the present year — Further I direct that my gold watch and chain & all my
wearing apparell be given to my negro boy Preston the fifth mentiond in the above list for his
faithfulness & honesty to me since he has been in my possession — Further I direct that if after the
payment of my debts, the removal of my negroes, and the payment of the above legacies there should be a surplus
of my personal Estate amounting to a thousand dollars or less- the said surplus be given to my negro Mary whom I
purchased 3 years ago of Wm Allen Es of & also if there should be a greater amount than one thousand dollars
all over the remainder to be equally divided between the aforementioned & his brother Braxton Further
I direct that in case it should be wish of the three last mentioned negroes to wit Mary, Preston & Braxton to
remain in Warren county among their relations that they be permitted to do so provided the requisite securities
can be found. And I do hereby make & orderin my esteemed neighbour judge John J Guion executor
of this my last will and testament requesting him to employ as his agent in settling any Estate say one or
more of the following named gentlemen to wit; Mark Valentine, David D . Gibson, Jefferson Nailer or Jesse
Evans . In case of the death of John J Guion esq David D Gibson esq to be executor in his stead. And
lastly my express will and desire is, I do hereby order and appoint that idf any diference or dispute question or controversy
shall arise or happen concerning any gift bequest or other matter or thing in this my will given & bequeathed
expressed or contained that the same shall be refered wholly to the award order & determination of my
Esteemed friend & Executor Judge John J Guion & whatsoever he shall order and determine shall be
binding & conclusive to and on all person or persons therein concerned.
In witness where of I
Milton Duty the Testator, have to this my will written on one sheet of paper set my hand and seal this twenty
sixth day of October in the year of Our Lord One thousand Eight hundred and thirty six
Witness, W. C. Smedes, Samuel Farnandes Milton Duty
Afterwards at the December Term of said Court 1838 the following order was made to wit; David D
Gibson and Mark Valentine two of the Executors agents named in the last will and Testament of Milton Duty deceased
this day filed their Relinquishment of the right of said agency
Also the following order at the January Term 1839, To wit; on appplication of Henry Farnandes
It is ordered that he be appointed administrator ad colligendum of the Estate of Milton Duty decd upon his
entering into bond in the penal sum of six thousand dollars with Levi Stephens and Heywood Boyett as his
securities where upon he entered into bond accordingly and took the oath prescribed by law and letters were issued in due
form of law.
The State of Mississippi
Warren County S.S .
I Edward B Scarbrough clerk of the Probate court of said county do hereby certify that the
foregoing will of Milton Duty and orders of court has been correctly copied from the Records in my office, and I
do further certify the foregoing returns is all that has been made in said Estate of Milton Duty deceased
Given under my hand and seal of office this 1st day of June 1839 B. Scarbrough Clerk
State of Mississippi
Warren County
I James Bland Judge of the Probate Court in and for the County and State aforesaid do hereby
certify that Edward B Scarbough whose certificate and Seal of office is herewith the attached was at the time of so doing
and still is the clerk of the probate Court in and for the county of Warren and State of Mississippi duly Elected commis-
sioned and qualified as such and that full faith and credit are due and ought to be given to all his official acts as
such and that said certificate is in due form of law. Given under my hand and seal in vocation in the City of Vicksburg
and State aforesaid this 5th day of June 1839.
Jas Bland Judged of the Probate Court
State of Missouri County of Saint Louis
ss
I Henry Chouteau Clerk of the county court within and for the county of Saint Louis in the State of Missouri
do certify that the foregoing is a true copy of the copy of the last will and testament of Milton Duty deceased and of the
certificate of probate thereof of the orders made concerning of the same and of the certifiates of Record and authentication.
as the same now remain of Record in my office in the Record of letters and wills book B page 424 & following
In Testimony whereof I hereto set my hand and affix the seal of said court at office
in the county aforesaid this twenty fourth day of June in the year of Our Lord One
thousand Eight hundred and thiry nine.
Henry Chouteau Clerk
1397 (C)
Milton Duty deceased
Letters with will annexed
Witnesses
Annual Settlement on the first Tuesday of September Term 1840 and on the same day in Each year thereafter
4.73
State of Missouri County of Saint Louis
ss
I Peter Ferguson Judge of Probate of the County of Saint Louis in the State of
Missouri certify that it appears from the Records of the Probate Court of said County that all the
demands allowed against the Estate of Milton Duty deceased which were placed in the fifth class
were ordered to be paid on the Sixth day of December one thousand Eight hundred and forty two, that
on the twenty third day of December Eighteen hundred and forty three fifteen cents in the dollar was
ordered to be paid on all the demands which has been placed in Sixth class. Sixteen cents in dollar in the
same class was ordered to be paid on the Eighteenth December Eighteen hundred and forty four and twenty
cents in the dollar on all the demands allowed in the same class against said Estate was ordered to be paid
by George W Coons administrator with the will annexed of said deceased on his last settlement with
said court at the last term thereof on the thirteenth day of December Eighteen hundred and forty five
and that said George W Coons is still administrator of the Estate of said Milton Duty deceased
In testimony whereof I hereto set my hand and affix the seal of Probate Court
of the Bounty aforesaid at office in the county of Saint Louis in the State of
Missouri this twenty first day of Janunary in the year of Our Lord One
thousand Eight hundred and forty six Peter Ferguson Judge of Probate
(D.)
Brigur c. White , 8421
St Louis
10 Aug 1838
Inventory of Property belonging to the State of Millton Duty deceased
One boy Jesse One Small Boy Harry One " " Clarissa One " Nathaniel One " " HendersonOne " " SenaOne " JordenOne " " Harrison One " " Nelly One " BeverlyOne " " Jackson One " " MelindaOne " Madison One " " Howard One Small : Mary Jane One " Preston One black girl Mary One " " Eliza One " Samuel One do " Caroline One " " Mary One " Braxton One " " Lydia One " " Lucy One " " Margarett
One Bedstead1 Drab Overcoat1 Trunk 52 lbs leadOne Feather bed1 Lyanskin Skin do1 Grass Round aboutTwo Pillows1 Black dress coat2 flannel ShirtsTwo Blankets1 dark claret do1 pr Cotton drawersOne Quilt1 Black Surmer do4 Shirts (linen)One Spread3 prs corded Cassimere pants1 pr corded linen pantsOne Sheet1 " Buckskin do1 " Cotton drawersOne Matrass1 Black Cloth do1 Valencia Vest1 Gold watch & Chain1 Blue do do1 pr Cotton Socks1 Silver mounted Rifle1 " Black cloth vest1 " Bourie Knife1 plain do1 " Marseilles do1 " pr razors & case1 double barrel Gun & Case1 White linen roundabout1 Pocket pistol1 single do do1 plaid linen pantaloons1 pair goggles1 Silk Umbrella1 Striped linen Round about1 pocket knife1 Spy Glass1 Horse 1 Saddle 1 Bridle2 Volume Homers I had
Guion , Tonedos & Marshalls Recpt for Henderson & C note Three thousand and two hundred & twenty seven
Vicksburg May 13. 1838
Harrison recpt for note of I Evans, S Stephens &* S. Fletcher for 513$
Harrison recpt for note of F Banfield & S Hatcher for $500 also note of W. Allen to J Henderson for
Eleven hundred dollars
John Harris note due 1 Jan 1839.-$50.00 John I. Simmons 26 Dec 1837-300.00 Reuben Gibson " 1 Jan 1838-900.00 Joseph Duncan on demand168.26I I. Miller due 1 Nov. 1838-50.00 Thomas Galloway due 10th Feb 1836601.92Cash on hand-$94.18-
John O Rourke Ias Smith witnesses
State of Missouri St. Louis County
ss
This day personally comes George W Coons before me Joseph W Walsh a Justice of the
peace in and for said County who being by me duty sworn on his oath says that the foregoing is a full inventory
and description of all the money, goods, chattels and Estate real and personal, books papers & evidences of debt and of title
of the decreased Milton Duty and of all debts due to becoming due so far as he can ascertain them and that he was
in debted or bound in any contract to the deceased at the time of his death.
George W Coons - sworn to and
subscribed before me this 3rd day of October A. D. 1838J W. Walsh JusticeEndorsed - Filed 5th October 1838 Henry Chouteau Clerk.
Abstract of Demands established against the Estate of Milton Duty deceased George W Coons Administrator
To whom allowedDate of AllowanceFirst Class Fifth Class Sixth Class James Walton 4th September 183846.00VonPhul & M. Gill 6th " "43.75 Samuel Ferandis" " "220.00 E B Schneidler 7th November "6.75 Robert Street 14th November "32.75 David Coons 26th " "20.50Same" " "1016.891/2Same" " "1272.93Same" " "1373.86interest 10 per cent Michael W Swing" " "132.50 Joseph L Craft7th March 183929.75Elkanah English14th " "3.50" Fountain Swinney 6th June "114.50 John M . Glenn 6th June "10.00 David Gentry " " "150.00 David Gentry " " "225.00 James Adams " " "8.00 Jesse Jones 14th June "15.25 James A Shirley5th September "115.14interst 10 percent Reily & Chouteau 15 " "145.85 J. V. Prather 19 " "Judgment set aside & new Trial granted Ferdinand Pinkard & Jacob U Payne26 " "27.56 Joseph Templeton & Co " " "99.13
Louis A Benoist 2nd April 184084.00 Louis A Benoist '' '' ''109.43 3/4 Charles Mullikin 25th September ''10.48 James V Prather 28th '' ''appeal pending240.00 John & William Henderson9 June 1841Judgment in St Louis Circuit Court 1515.13President M. Planters Bank18th September 1841Judgment in St Louis Court of Common Pleas1430.86 Mississippi use of Jno F Darby
Robert Strong9 December ''1545.15Hayword Boyette16 June 1842$ 3631.73441.32$ 1986.47
Dr George W Coons Administrator In account current with the Estate of Milton Duty Deceased
1839
June TermTo cash on hands as per Inventory94.18'' Received on sale bill of Evans & Dougherty 81.06'' Received for hire of negro Girl Nelly 10.00'' '' Hire of Negro boy Harry 6.00armaex —'' Received for 6 months hire of negroes from John R. Reily 105.00'' from J C Saveille $51 from R. J. Curle $ 49.50100.50'' for 6 months hire of negroes from R. Duncan 72.00'' from C Dubreuil $ 42 from S Dubreuil $ 111 153.00'' for 6 months hire of negroes from E. B. Schneidler 63.00'' for H. Gallagher $ 240 from W. Myers $ 90330.00'' for 6 months hire of Negroes from D. Wetmore50.0'' cash on account of sale of J Tregaskis J. Andrews security20.00'' amount of note of Gaines Duty for personal property (see sale bill)281.50''do J Fregaskis, I, Andrews security13.00'' J. S Grafts bill allowed on account see sale bill14.56'' Note of S Wetmore for negro hire due 24th Aug 1839256.00'' note John I Gill $ 180 J. P. Reily $ 105 J G Laveille $ 51336.00'' note R. J . Gurle $49.50 - R Duncan $ 72- C. B. Dubreuil $ 42163.50'' L. Dubreuil $ 111 - E. B. Schneidler $ 63 - H. Gallgher $ 240-414.00'' '' H. Myers $ 90- I. D. Hall & B. W . Ayres $ 145.33235.33'' '' Smith , Brothers & Co121.00'' Amount of Notes as per Inventory7410.85'' Twenty Six slaves, men, women & children & Inventory7725.00$ 18055.48
1839
June TermBy Cash paid I Berk, No 1$6.00'' '' S. B. Wiggins No 2 $ 4 - F. Garrick No 3 $ 25-29.00'' '' E Endree No 45.00'' paid Republican pointing office No 516.50'' D. Coons account No 6 $ 86.16- J W Walsh No 7 $ 7.0093.16'' E B Schneidler No 8 $ 6.75 . J. W. Walsh No 9 $ 25.0031.75Allowed Administrator for commissions187.52Clerk's fees No 1010.50Amount of notes delivered Adm Smith will as per receipt filed1834.89Amount of Receipt for notes returned as per Receipt of
Administrator with will & T filed (and as per Inventory)7410.85Receipt of Administrator with will & T for 26 slaves, men
Women & children who were appraised at7725.00By Balance paid to Administrator with will &
as per Receipt filed ''705.31$ 18055.48
Dr W Coons . Administrator de bonis non with the will annexed in account current with the estate of Milton Duty Deceased @
1840
September TermTo appraised Value of slaves as per inventory & receipt$ 7725.00'' Cash Received from former Administrator705.31'' Amount of Notes received from former Administrator1834.81''Amount of notes due in Mississippi Recd from former Administrator7410.85'' Cash Received for hire of Negroes from 25th August 1839 to 25 August 18401173.87'' Amount still due for hire from 25th August 1839 to 25th August 18401400.13Amount of notes received for hire of Slaves from 25th August
1840 to 25th August 18412217.00$ 22466.97Order to pay 50 cents in dollars in 5' class1840
September TermTo Balance in hands of Administrator as per contra$ 21919.38order to pay 40 cents in dollar 5'class1841
September TermTo Balance$ 19380.83
1840
September TermBy cash paid appraisers no 1 $ 6.00 clerks fees no 2 $ 8.2514.25'' '' burying child of Caroline slave8.00'' paid servant attending Caroline in sickness4.00'' Amount of time lost by Caroline while sick 3 months at $ 6.5019.50Wetmore's bill for printing No 34.50 Evans & Dougherty Auctioneers No 414.00'' U. J. Austin Auctioneer No 5 $ 29.50- Jas B Walsh No 6 $ 10-39.50''Wetmore 6 month time lost by Sena (slave) sick90.00city taxes 1839 & 1840 No 8-100.00Cash paid for advertising hiring of slaves 25th August 1840 No 76.00J. W. Walsh attending to Estate & his settlement25.00Common amt collected $ 3713.99 at 6 percent222.84Balance in hands of Administrator21919.38$ 22466.971841
September
TermBy cash paid Migginst Floorse Expenses No 1$ 2.00'' '' paid David Coons allowed accounts No 22249.58'' on his own account $ 1842-09 James Walton 23 $ 1865-09 Samuel Fernandez $ 110 M. W. Swings - $ 66.25 - 170.25'' T. L Crafts $ 14.87 1/2 E English $ 1.87 16.75 David Gentry's $ 187.50 - James Adams $ 4 191.50$ 2249.58'' Robert Steet on allowed act No 416.37'' Henry Chouteau No 572.92'' State County Taxes 1840 No 625.00'' Clerk's fees No 78.76'' Common on $ 2732.13 collected since last settlement163.94'' Balance in hands of Admr 19380.83$ 21919.38
The foregoing Balance consists of Slaves for Inventory $7725-
notes uncollected 965
Notes due in Mississippi per Inventory $ 7410.85
cash 3279.98
State of Missouri County of Saint Louis
ss
I Peter Ferguson Judge of probate of the county of Saint Louis aforesaid do certify that the
foregoing is a true copy of the Inventory, of the estate of Milton Duty deceased and of the Abstract of the demands
established against his estate and also of the settlements of the accounts of the Administrator of said
deceased at the several times therein mentioned as the same now remain of Record and on
file in my office
In testimony whereof I hereto set my hand and affix the seal of
the Probate court of the County of Saint Louis at office in the City and
County of Saint Louis in the State aforesaid this Twenty third day of
June in the Year of Our Lord One thousand Eight hundred
and forty two
Peter Ferguson Judge of Probate Fees $ 2-12-
Dr. George W Coons Administrator de bonis non with the will annexed. In account current with the Estate of Milton Duty Deceased Ex
September Term 1841To Balance in hands of Administrator19380 83December Term 1842.To Amount of notes due, not collected from 15' Jany to 15th July529 51 Notes not yet collected from 15th July 1842 to 15 July 18431129 50Cash collected since last Settlement315 00$21354 84order to pay all demands in 5th daysTo Balance in hands of Administrator $16426 87
Balance Consists of
Slaves - - - - - $7725.00 Notes in Mississippi -4995.93 Notes uncollected-2564-01Cash - - - -1141.73$16426.67
1842
December TermBy Cash paid allowance favor W Coons No 11657 89,, James Walton $ 20-70- Samuel Fernandes $100-120 70,, M. W. Swing $59-63 J L Craft $13-39-Elkanah English $1-6874 70,, David Gentry $ 168-75- James Adams $3-00172 35,, Missouri Republican printing No 2 $ 12-50 L S Perry No 3 $ 80-0092 50Costs Planters Bank Wrs Estate No 4-19 44City Tax 1841 No 5 $ 50.00-City Sexton &C. No 6 $ 5.5055 50 J S Hetherington for burying child No 7 $ 2- Wm J Austen No 8 $ 23-5025 50City Sexton No 9 $ 8-00 Hawkins & Howard No 10 $ 3-0011 00 George W Coons No 11 $ 55-25- State of County Tax 1841 No 12 $ 25-0080 25 State of County Tax 1842 No 13 $ 20-- Fountain Swinney No 14 $ 57-2577 25 John M Glenn $ 5 from Glenn No 15 $ 4- Fountain Swinney $ 45-8054 80Vonphul McGill No 6 $ 39-37 Robert Street No 17 $ 13-1052 47Commission on $ 315-collected since last settlement18 90Receipt of Joel Sanderson Admr in Mississippi for note of Thomas Galloway601 92Note of John F Simmons $ 300- J. T Miller $ 50- John Harris $ 50-400 00 Reuben Gibson $ 900-Note of John Henderson $ 513-1413 00By Balance in hands of Administrator16,426 6727,354 84
State of Missouri
County of Saint Louis
Ss
I Peter Ferguson Judge of Probate of the County of Saint Louis do certify that the foregoing is a true copy of the
Settlement made by George W Coons as Administrator of Milton Duty deceased at the December Term of the Probate Court of the
County aforesaid in the year Eighteen hundred and forty two as the same now remains of Record and on file 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 City and County of St Louis and in the State of Missouri
this fourth day of May in the Year of our Lord One thousand Eight hundred and
forty three
Peter Ferguson Judge of Probate
Exhibits
(C. No 1)
in Answer of George W. Coons Adms.
of Duty
day 14
George W Coons Administrator with the will annexed In account Current with the Estate of Milton Duty Decreased
1843 December TermTo Balance in hands of Administraton on Settlement December Term 184216426.67Note uncollected1405.50Cash Collected539.50$18371.671843 December TermTo Balance in hands of Administrator $16693.861844 December Term" Notes Received for Negro hire 14 July 1844 not yet due1476.0018169.801844 December TermTo Balance in hands of Administrator $17518.22This Balance consists ofSlaves $ 7725.00 Notes due in Mississippi 4995.93 Notes uncollected 4226.01Cash 571.28$ 17518.22
1843 December TermBy cash paid D Coons No 1 $247.73 - paid D Coons No. 2$310.13557.76" " paid D Coons No 3 $510.52 D Coons No 4 $5.04515.56" " David Gentry No 5 $47.41 S. Farnands No 6 $56.64104.05" " Michael W Swing No 7 $32.19 James Adams No 8 $1-5333.72" " James Walton No 9 $11.85 David Gentry No 10 $32.4744.32" " J S Craft No 11 $6.59 E English No 12 $ 0.777.36" " Reily & Chouteau No 13 $92.73 Vonphul & Mc Gill No 14 $14.07106.80" " Im , Gleim No 15 $2.27 Fountain Sweeney No 16 $27.9030.17" Robert Street No 17 $10.00 Dr Knox No 18 $18.0028.00" John Shore No 19 $ 52.00 city Tax 1842 No 20 $ 42.5094.50" city Tax 1843 No 21 $70.00 " paid for printing No 22 $5.5075.50" Low&Peck No 23 $20.00. S Mathews No 24 $6.0026.00" City burial fees No 25 $4.00 city Burial fees No 26- $4.008.00" Judge of Probate fees No 27 $13.63 commission on $539 50/100 $32.3445.97By balance in hands of Administrator16693.8618371.671844 December TermBy cash paid J. V. Prather No1 $36.00. State & County Taxes No2 $12.7548.75" " paid & A Benoist No 3 $16.35 Sheriffs Receipt No 5 $5.3521.70" " printing No 5 $3.50 William J Austin No 6 $10.0013.50" Pinkard & Payne No 7 $4.13 President Directors &Co. use JT Darby No 8 214.62218.75" G. W Coons No 9 & 33.75 Joseph Templeton No 10 $14.8648.61" Jno W Henderson No 11 $227.86 Joseph Templeton No 12 $27.67255.53" City burying ground No 13 $4.00 commission on $680 collected $40.8044.80By Balance in hands of Administrator17518.22$ 18169.86
State of Missouri County of Saint Louis
ss
I Peter Ferguson Judge of Probate of the County of Saint Louis in the State of Missouri Certify that the foregoing is
a true of the accounts of George W Coons Administrator with will annexed of Milton Duty deceased of his settlements of his administration
of the estate of said deceased for the Years eighteen hundred and forty three and eighteen hundred and forty four made with
the Probate Court
of said County as the same now remain of file 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 said County this thirteeth day of December in the Year of Our Lord
One thousand eight Hundred and forty four Peter Ferguson Judge of Probate
Exhibit (A. No. 2)
Milton Duty Deceased
Copy of Settlements 1843 - 1844
Copy ... $0.70
Certificate . . . 0.25
$0.95
State of Missouri
County of St. Louis
ss Henry Chouteau , Clerk of the county court, within and for the County of St. Louis in the
State of Missouri , To all to whom these presents shall come-Greeting:
Whereas, Milton Duty late of the County of St. Louis , deceased, died intestate as it is said, and you George
W Coons having given sufficient security, I do therefore give and grant unto you the said George W Coons
full power and authority, to administer all and singular the goods chattels, rights and credits of the said,
deceased, and to demand, collect and in a legal manner require and receive all and all manner of debt and debts
due and owing to the said deceased and well and faithfully to dispose of the same according to law and lastly,
I do hereby constitute and appoint you the said George W Coons in obedience to an order of said count Adminis-
trator of all and singular the goods, chattels, rights and credits of the deceased In testimony whereof, I
have hereunto set my hand and official seal of St. Louis this eighth day of August in the year of our Lord,
One thousand eight hundred and thirty eight and of the American Independence the sixty third
Recorded eighth day of August 1838 Henry Chouteau Clerk Henry Chouteau , Clerk
State of Missouri County of Saint Louis
ss
I Peter Ferguson Judge of Probate of the County of Saint Louis in the state of Missouri certify
that the foregoing is a true copy of the letters of Administration granted to George W Coons on the estate of Milton
Duty deceased as the same now remains of Record in my office.
In testimony whereof I hereto set my hand and affix the seal of the Probate
court of the County of Saint Louis at office in the County and state aforesaid this
twenty first day of June in the Year of our Lord One thousand eight hundred
and forty five Peter Ferguson Judge of Probate
( E.) M Duty
Refused - Jan. 27 1846
If the Jury believe that the will, the copy of which was read
in evidence, was the said will of Milton Duty that
the Laws of Mississippi which have
been read by the plaintiff are authentic that Duty of the
time of his deccase was domiciled in Missouri & that the plaintiff
was then in this State owned by him as a slave, & is the same Nat named in said will, then the
plaintiff by force of said will the law was emancipated
& the jury will find a verdict for the plaintiff.
Instruction asked
by plff.
(F)
given Jan 27 1846
If the jury believe from the Evidence that the
plaintiff's right to freedom is based entirely upon
the will of Milton Duty, a copy whereof
has been read in evidence and if they
shall believe from the evidence that after
the making of the said will in the state of
Mississippi the said Duty
to this state being the said plaintiff with him & because
here - & if they shall also
believe from the evidance that while the
said Duty case so
in this state, the said Duty deceased
& that after his decease letters of
administration in due course of said
were granted in this state to the Defendant upon
the state of said Duty - then in such
case the said will of the said Duty does
not have the effect to emancipate the
said plaintiff & he is not entitled to
his freedom by reason thereof &
they will find the open for the Deft
(g)
Instructions given by court
vs
Jro W Coons
Instruction
given Jan 27 1846
The paper offered in evidence to the jurypurporting
to be the last will of Milton Duty deceased
does not of itself operate as an emanicipation
of the plaintiff, nor does it confer on him any
right to freedom and the jury find
from the evidence that the plaintiff is
entitled to his freedom in same other
than by virtue of said will, they must find
for the defendant.
(H)
Instruction given on behalf
of deft.
vs
George W Coons
In St Louis Circuit Court
And now comes the said plaintiff and
prays that an appeal be allowed him from
the judgment of this court to the Supreme
Court of Missouri and files the following
affidavit therefor to wit.
St Louis County ss
Nat , the above named
plaintiff, maketh oath in open court and
saith that he does not take the appear
from this court to the supreme Court,
which he has above prayed for the
purpose of vexation or delay but because
he belives he is aggrieved by the judgment
of this court
Sworn to and subscribed
before me this 11July 1844 Ruland Clk Nat his mark
St Louis Circuit Court
Nat (a person of color)
vs
Geo w. Coons
motion & afft for appeal
Feby 11. 1846 Jno Ruland Clk 7 p 93. -
Supreme Court of Missouri - March Term 1847
Nat (of color)vs
George W.Coons
Appeal from St Louis Circuit Court .
Now at this day come again the parties aforesaid by their
respective attornies, and the Court here being now sufficiently advised of and concerning
the premises, to consider and ad judge, that the judgment aforesaid, in form aforesaid,
by the said Circuit Court rendered, be in all things affirmed, and stand in
full force and effect.
State of Missouri , sct.
I, Hampton D.Boon Clerk of the Supreme Court
of the State of Missouri , do hereby certify that the foregoing, is a full, true and perfect
transcript of the judgment of said Supreme Court , in the case of Nat (of color) appellant
against George W.Coons appellee from the St Louis Circuit Court .
Given under my hand, with seal of said Court
affixed, at office, in the city of Jefferson , the 10th of August
A.D . 1847 H.L.Boon .
Nat : (of color)
ats
Geo: W.Coons
Filed August 24th 1847 Jn Ruland Clerk