After my 6th great grandmother Nancy Shelton died in 1839, her children fought over possession of an enslaved woman named Sylvia. Nancy’s husband Jeremiah Shelton had left all of his possessions, including his three slaves, to his children when he died in 1829. But as his wife, Nancy had dower rights to a third of his estate during her lifetime, and in this case that portion included Sylvia. Once the old widow died, her dower portion reverted to the heirs.
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| Shelton et al vs Figg et al (original document) |
As Nancy and Jeremiah Shelton entered the autumn of their lives, all of their children had moved out of the area except their daughter Sarah and her husband Robert Figg. The Figgs and Sylvia took care of the old couple, and some time after Jeremiah died Nancy and Sylvia moved into the Figg home.
By the time Nancy died in 1839, Sarah and Robert would have known and lived with Sylvia for over 30 years. The Figgs wanted to keep Sylvia, and the other heirs wanted to sell her off and split the proceeds. This argument took the form of a suit in the Butler County Circuit Court that played out over the course of several years. Records survive of the claims and counter-claims, and many depositions taken by both sides. What does not survive, unfortunately, is the verdict.
The case provides some color about the Sheltons and their lives, and the lives of their neighbors and acquaintances. It also offers a narrow glimpse into the institution of slavery, but provides almost no insight at all into the lives of the enslaved – their thoughts were not recorded, and there is little suggestion that they were sought or considered.
These records are available at FamilySearch as Case No. 1360 in the Butler County court records, 1810-1955. You’ll need a (free) site login to view them. The handwriting in some of these records is awful, and what you’ll read here is my best interpretation of it, done with the aid of the excellent automated transcription provided by FamilySearch.
Summary
The Shelton heirs apart from Sarah filed suit in 1844 to force the Figgs to either give up or pay for Sylvia. According to their argument the Figgs should have given up Sylvia after the old widow died in 1839. The Figgs claimed in response that they had in fact purchased Sylvia from heir Jesse Shelton. The heirs replied that while there had been an agreement to sell Sylvia, the Figgs had never actually paid the agreed amount.
The suit languished for years, and in 1846 Robert Figg died. The majority of his three page will is spent trying to ensure that neither his wife nor his daughter will ever have to live without the services of a slave girl. It specifically mentions a slave named Rachel, but does not refer to Sylvia or her daughter Sarah. After Robert's death the suit was revised to name Robert's administrators, his wife Sarah and the lawyer Vincent S Hay, as defendants.
Both sides took many depositions, and the associated notes are included in the court records. The depositions are all over the place -- some say that Jeremiah had given Sylvia to Sarah, which would render everything afterward meaningless. Or that Sylvia was given to the Figgs for taking care of the old couple all those years. Other depositions said that Sylvia was never in the possession of the Figgs at all, that the Figgs always admitted that she was just there to wait on the widow. The only insight we get into Sylvia herself is from Sarah Figg, who notes that Sylvia had a husband, and in any case didn't want to leave the area.
The depositions also offer some background on the health of Jeremiah and Nancy in their declining years. There is also a dramatic scene in which Abednego Shelton tosses his father's will into a fire, only to have it rescued by Sarah Figg. There's also one deponent whose sanity is questioned.
There are several Goughs among the deponents. Rhoda Shelton's husband was a William R Gough and Abednego's first wife was Nancy Gough, but I'm under the impression they were both dead by the time these depositions were taken. I don't know precisely how any of the deponents the others are related.
You'll find background on Jeremiah and Nancy Shelton, including Jeremiah's will, here, as well as Asher Shelton, one of the plaintiffs.
Bills and Answers
Shelton's Original Complaint
July 29th 1844 [direct link]
To the honourable the judge of the Butler Circuit Court in Chancery sitting, humbly complaining show unto your honour, your orators and oratrixes Asher Shelton, Rhoda Gough, Joshua Shelton, Abednego Shelton, Jesse Shelton, Jeremiah Shelton, Elizabeth Whitaker, Abraham Shelton, Nancy Ashley & William Shelton, that on the __ day of __ [blank in the original] their ancestor Jeremiah Shelton departed this life in Butler County having first made and published his last will and testament, by which he devised some of his property to his widow Nancy Shelton for life, and the residue to be equally divided amongst your complainants and Sarah Figg wife of Robert Figg, and Gilbert Shelton who was to have only five dollars, which was admitted to record in the Butler County Courts. All which will more fully appear by a copy thereof filed as a part hereof and marked A. They further state that after the death of said Jeremiah, there was by agreement of all the parties indicated allotted to the said Nancy Shelton under the devise aforesaid a negro girl slave named Sylvia which said girl was taken possession of & held by her under said devise and allotment until the day of her death, which took place in the month of September 1839. They further state, that at the time of her death and for some time previously, the said Nancy resided at the house of the said Robert and Sarah Figg, and at her death left the said negro girl slave in their possession and they have had the benefit of her services ever since that time, which services were reasonably worth fifty dollars per annum and they have refused to acknowledge the right of your complainants, or to account to them for her hire. And the said Robert under some pretext claims the exclusive right to her.
In & under consideration whereof, and for as much as your complainants are without remedy at law, and can only be relieved in Equity, wherefore they pray that the said Robert Figg and Sarah Figg, Gilbert Shelton & the unknown children of Charles Shelton deceased, may be made defendants of this bill, and under their corporal oaths answer the allegations hereof, as fully as if again herein repeated, by way of special interrogatory and form? the final hearing of this cause may it please your honour to decree, that the said Robert Figg be compelled to account for the hire of said negro girl slave to the proper persons, and to decree that said girl be sold, and her price divided amongst those entitled to it under the will of said Jeremiah Shelton deceased. Grant unto your complainants the Commonwealth's writ of subpoena directed etc, commanding etc, returnable etc and all others and further relief that to equity may belong, and their cause require and as in duty bound they ever pray etc.
[Note on following page] Fill the blank with the name of the negro & correct any errors in the names & file [unreadable]
(signed) McHenry
Summons
The Commonwealth of Kentucky to the Sheriff of Butler County, Greeting. You are hereby commanded to summon Robert Figg, Sarah Figg & Gilbert Shelton and the children of Charles Shelton deceased to appear before the judge of our Butler Circuit court on the first day of our next September term to answer a bill filed in the clerk's office of said court against them by Joshua Shelton, Asher Shelton, Rhoda Gough, Elizabeth Whitaker, etc and this he shall in no wise omit under the penalty of £100 and have then there this writ witness Vincent S Hay clerk of our said court at the court [illegible] aforesaid this 30th day of July 1844 and in the 53rd year of the commonwealth.
(signed) V S Hay, clerk
Robert & Sarah Figg's Answer
March 19, 1845 [direct link]
The joint & several answer of Robert Figg & Sarah his wife to a bill in chancery filed against them & others in the Butler Circuit court by Asher Shelton & others. The respondents first protesting say that they are not bound & ought not to be required to answer the bill of complainants for the following reasons. 1st because the larger portion of the complainants are non-residents than not & did not execute bond or bonds for costs as required by law of non-residents previous to the filing of this aforementioned bill. 2nd. Because said non-resident complainants did not authorize the institution of this suit for them in their names & the right authority to do so is required & called for. 3rd Because no one of the complainants has made oath that the unknown heirs of Chas. Shelton deceased who are made defendants are unknown, where the law requires that each one of the complainants should make oath to the facts viz that the heirs of Charles Shelton are unknown. For this reason your respondents say they ought not to be required to answer the bill of complainants further, but if overruled your respondents further answering say that under the will of Jeremiah Shelton deceased a certified copy of which is here exhibited marked A & made apart of this answer, the slaves of said Jeremiah deceased are authorized to be sold in the family, which was done, as will appear by a copy of the sale bill of the executor of the said Jeremiah deceased which sale bill is of record in the Butler County Court clerks office then exhibited marked B by reference to which it will be perceived that the negro woman Silvy the woman in controversy was purchased at a sale of the slaves of the aforementioned Jeremiah Shelton deceased by Joshua Gough grand-son of the aforementioned Jeremiah deceased. Your respondent Robert afterward purchased her of Jesse Shelton one of the children of Jeremiah Shelton deceased then had peaceable & adverse possession of said Silvy for more than seven & eight years prior to the institution of this suit of complainants & claimed her as his own & paid taxes on her as his own property. Your respondents deny that said Silvy may be allotted & set apart as dower to the widow of the aforesaid Jeremiah Shelton deceased but state that she was sold & delivered to your respondent Robert & has been held owned & claimed by him ever since, which is for over five years as his property. These facts your respondents believe are known to the complainants wherefore this answer is made a cross bill against them to this point only & they called upon to answer separately & singly under an oath. As to the annual hire of said slave Silvy, she has been of little or no value to complainants having been almost continuously diseased and but for the fact that she was a family servant, your respondents named here regarded her measurably worthless to them. Your respondents deny every allegation of complainants bill noted herein admitted or explained & call for full proof and now having answered pray hence to be dismissed with their reasonable costs herein expressed as in duty, etc.
Sworn in open court March 19, 1845 & filed
V S Hay
Joshua Shelton's Answer
14 July 1846 [direct link]
The answer of Joshua Shelton to the answer and cross bill of Robert Figg and wife filed in the suit in chancery pending in the Butler circuit court wherein this respondent and others are complainants and said Figg are defendants. This respondent saving? to himself of the benefit of exception to the many errors in said cross bill contained for answer to the same or to as much thereof as he is advised it is natural he should answer says it is true that some of the parties complainant in this suit now are and were at the time of its institution non residents of Kentucky, but he denies that this suit was instituted without their consent. None of them objected to its institution. Respondent is a resident of Kentucky and has a right to institute and ask [unreadable] to prosecute this cause. It was brought at his insistence. It was not necessary as he is advised that anyone of the complainants should have made oath that the unknown heirs of Charles Shelton were unknown through mistake he supposes. These unknown children of Charles Shelton are made defendants to this original bill. He says that there never was so far as he knows such a person as Charles Shelton and therefore he could have no children. He supposes his counsel who drew his original bill intended to make the unknown children of Jeremiah Shelton aforementioned his children and all known to respondents and are made parties to the original bill. There are no unknown heirs of children of Jeremiah Shelton aforesaid and his children were the persons entitled to the property in controversy. It is true that by the will of said Jeremiah Shelton his executor was duly empowered to sell the slaves of the estate provided purchasers could be found within the limits of the immediate family connection of the said Jeremiah deceased. He says that he was the executor appointed by the will of said Jeremiah deceased and acted as such. That as such executor he did sell the slaves belonging to said estate (except one called Sarah) and that this girl Sylvia was sold by him that she was bid in by Joshua Gough at the request of this respondent intending her for his mother the widow of said Jeremiah deceased he says that said Joshua Gough never had the possession of said girl Sylvia and never paid a cent for her and in fact never had any title to her and he further says that said Joshua Gough in a very short time after he bid off said girl Sylvia as aforesaid consigned his right to her to respondent as executor of said Jeremiah Shelton deceased as will fully appear by reference being had to the instrument relinquishing the title of said Gough and conveying said girl to this respondent were filed marked as No. 1 and is prayed to be read as part of this answer. He denies that Jesse Shelton ever did sell said girl Sylvia to said Robert Figg. He states that Jesse Shelton (who is respondents brother) went into Butler County where he saw said Figg and agreed with him that he would sell said girl to him Figg for $250 for the girl to remain and serve respondents said mother until her death provided said sale should be approved by respondent. Figg executed his note to this respondent for $250 and gave it to Jesse & written bill of sale was left with Figg for the girl. Jesse Shelton then came on to Graves County the residence of respondent and for the first time respondent learned what had been done as to the sale he had no objection to it if it should meet the approbation of the other heirs. He became satisfied that the other heirs would not object to the sale as made by Jesse and as such [?] to Butler County with the intention of confirming [illegible] the bill of sale. When he got to the house of Figg he (Figg) declared himself dissatisfied and said if he had to pay for this girl he should go and sell her. To this respondent objected. The note for $250 was thereupon destroyed the trade made by Jesse rescinded and the bill of sale never was executed nor paid the sale never was completed and Figg then and there acknowledged that said girl was the property of the widow and said that at her death he would give her up to the heirs. He has often since confessed that he had no title to her. He never paid a cent for her, nor did he ever so far as this respondent knows claim her as his until after the institution of this suit but often offered to buy her. He denies that said Figg has had peaceable and adverse possession of said girl for more than five years before this suit was brought but he says that said girl now is and has been since the death of said Jeremiah and his widow Nancy Shelton claimed by and known to be the property of the heirs. He may have paid taxes for her. This respondent supposes would not give him a title. He again says that said girl was allotted to the said widow of Jeremiah Shelton as dower. He denies that she was sold and delivered to said Figg as his property. He repeats that the use of said girl is worth and has been worth $50 per year. He denies that she is or has been unhealthy or diseased. He never heard of her diseased condition until he read the answer and cross bill of said Figg, and now having fully answered he as in his original bill prays for general relief.
Commonwealth of Kentucky
Graves County Sct - on this day personally came before the undersigned an acting justice of the peace in and for the said county Joshua Shelton respondent and the foregoing answer and made oath that the statements contained in the same so far as they are made from his own knowledge are [lots of illegible boilerplate] this 14 day of July 1846
(signed) William Bradly JP
This revision says that not only are there no unknown children of Charles Shelton, but that in fact there never was a Charles Shelton at all, as far as Joshua knows. So it's worth noting that Jeremiah Shelton's will (which is transcribed here) does in fact mention a Charles Shelton, deceased. It is certainly confusing that the will says that the already-deceased Charles is supposed to have an equal share of the estate.
Shelton's Revision
October 23, 1849 [direct link]
To the honourable the judge of the Butler circuit court in chancery sitting -
Your orators & oratrixes Asher Shelton, Rhoda Gough, Joshua Shelton, Abednego Shelton, Jesse Shelton, Jeremiah Shelton, Elizabeth Whitaker, Abraham Shelton, William Shelton & Nancy Ashley beg leave to amend their bill filed in this court against Robert Figg & others and state that since filing their original bill Robert Figg a defendant in their said bill has departed this life and Sally Figg one of the defendants and Vincent S. Hay have been duly appointed his administrators and they pray that said suit be revised & proved against them as administrators of said Robert Figg.
They further state that in preparing their original bill their counsel made a mistake and made the unknown heirs of Charles Shelton defendants. They state that Jeremiah Shelton deceased had no son named Charles and there was no Charles Shelton who as far as they know had any interest in the matter whatever. They therefore pray that the suit be dismissed as to said unknown heirs.
They pray as in their original bill and for all other relief.
(signed) McHenry
Sarah Figg's Separate Answer
March 27, 1850 [direct link]
The separate answer of Sally Figg to a bill in chancery exhibited against her and others in the Butler Circuit Court by Joshua Shelton and others. This respondent [unreadable] and for answer to as much of said bill as she is advised is material for her to answer unto says that the negro woman Sylvia mentioned in the complainants bill was given to her by her father Jeremiah Shelton in his lifetime in consideration of services rendered by her in taking care of him and the old lady and that said Jeremiah Shelton gave this respondent possession of said slave in his lifetime and under this agreement she kept and retained possession of said slave adversely & against all other claims for at least 20 years previous to the old mans death and that after his death the executor of said Jeremiah Shelton took said negro and sold her without the consent of this respondent and after the death of the old man the old lady (Mrs Shelton) came to him at the house of this respondent and brought said negro with her having sent Sylvia to wait on the old lady, Sylvia being respondents property in her possession and under her control for many years and respondent states that she took care of the old lady from that time till her death and never had any other compensation than the services of said negro to which she was entitled under the gift from her father. She states that in a pecuniary point of view the service of said negro was not sufficient to compensate her for the care and trouble of attending to the old lady in her old age. She is advised that the settlement of the executor Joshua Shelton with the county court commissioners shows a balance in his hand not distributed. She prays he may be compelled to distribute and she refers to the answer of Robert Figg deceased heretofore filed in this cause and making it part of this answer. All the allegations of complainants bill and cross bill not having admitted or explained are denied and she calls for full proof and now having fully answered prays to be hence dismissed with full costs.
Sworn to and filed
27th Mar 1830
Att H A James
Vincent S Hay's Separate Answer
March 27, 1850 [direct link]
The separate answer of Vincent S Hay to a bill in chancery exhibited against him and others in the Butler circuit court by Joshua Shelton and others this respondent [unreadable] and in answer to to so much of said bill as he is advised is material for him to answer unto oath. It is true he is one of the administrators with the will annexed of Robert Figg deceased. He states he knows nothing of the transaction between the Sheltons and Figgs respecting the negro woman in controversy and calls for full proof. He refers to the answer of Robert Figg deceased heretofore filed in this cause and makes it part of this answer and now having fully answered prays to be hence dismissed.
Filed March 27 1850
H A James
Evidence Attached
Estate Sale for Jeremiah Shelton
Butler Sct
I certify that this is a true inventory of the estate of Jeremiah Shelton deceased that came to my hand this 22nd of April 1829.
Joshua Shelton, executor
of Jeremiah Shelton, deceased
22 April 1829 [direct link]
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| Eli and Joshua Gough buy the three slaves of Jeremiah Shelton |
| Eli Gough | 1 negro Sary by name | $89.50 |
| Joshua Gough | 1 negro Silvy by name | $305.62 |
| Eli Gough | 1 negro man Thomas by name | $407.00 |
After the estate sale, it was noted that the sale of Sary to Eli Gough did not conform with Jeremiah Shelton's will, which said that the slaves could only be sold to the heirs, unless the slaves themselves consented. Sary was therefore given to Robert and Sarah Figg, presumably to be with her mother Silvia.
Joshua Gough Relinquishes Ownership
16 May 1829 [direct link]
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| Joshua Gough relinquishes ownership |
I Joshua Gough do hereby relinquish all my right title to a negro woman Silvy by name which was bid off by me at the sale of Jeremiah Shelton deceased. I hereby relinquish my right of said negro to J. Shelton executor of the said Jeremiah Shelton deceased this 16th of May 1829.
J Gough
Test
Abraham Shelton
Depositions
Jesse Shelton, William Gough, Jeremiah Gough, Jonathan Shelton, Abraham Shelton & Judith Shelton
8 December 1846 [direct link and also here]
The depositions of Jesse Shelton and others taken at the clerks office in the town of Mayfield, Graves County Kentucky and this 7th day of December 1846 agreeably to the notice hereto annexed to be read as evidence on the part of the complainants in chancery now pending in the Butler County circuit court wherein Asher Shelton and others are complainants and Robert Figg and others are defendants the deponent Jesse Shelton [the son of Joshua Shelton, the executor of Jeremiah Shelton] being of lawful age and first duly sworn deposeth and saith as follows
In 1839 Mrs Nancy Shelton widow of Jeremiah Shelton died as is my best recollection. In February as is my best recollection 1840 I having been authorized by Joshua Shelton so to do did go to the house of the defendant Robert Figg for said Joshua Shelton did then and there demand said negro woman Silvy in controversy aforesaid. Said defendant Figg who [?] said that the old lady Mrs Shelton had been more trouble to him than they had expected and he did not want to part with the negro until he could see Joshua Shelton who would give him something in addition to the services of the negro for having taken care of the old lady Mrs Nancy Shelton.
When I first saw Figg he said something about his having bought the negro from Jesse Shelton [the son of Jeremiah Shelton] but did not speak of it as relying upon that purchase for a title and [illegible] the only reason given by him for not giving up the negro was [illegible] that I have stated. He never claimed the negro as his own property or as the property of his wife. He said that the trouble he had been at in taking care of Mrs Nancy Shelton was worth more than the services of the negro had been to him and he offered to keep the negro and pay $100. Some short time after this in November 1840 as my best recollection is my father Joshua Shelton went to see the defendant Figg at his house and demanded of him the negro. I was present. Figg declined giving up the negro alleging that the old lady Mrs Nancy Shelton had been more trouble to him than he expected, and offered to give my father $100 and keep the negro. This my father refused to do. Figg never pretended then that he had bought the girl nor did he set up any pretense to claim her as his property or that of his wife, and further this deponent saith not.
(signed) Jesse J Shelton
Also the deposition of William R Gough taken at the same time and place and for the purpose mentioned in the caption this deponent being of lawful age and first duly sworn deposeth and saith as follows (to wit)
In 1843 in December (as my best recollection is and [illegible]) I went to Butler County on business of my own. Before I went, Joshua Shelton told me if Figg would send him some money (how much he did not say) and he could receive my receipt for it I must take the money from Figg and bring it to him. I went on to Butler and was at the house of defendant Figg and wife whilst there Mrs. Figg in the presence and knowing of Mr. Figg asked me if Joshua Shelton had sent by me for the money for the negro Silvy. I answered that I had no authority or instruction about it. Mrs Figg then observed that they had agreed to pay for the negro woman and she would see that the heirs should all be satisfied if she had to come and bring the money herself. Defendant Figg was present and in hearing all the time, and during the time I was there Figg said the negro was sickly and expensive and he wished the heirs would come and take her away – neither Figg or his wife pretended to claim the negro as their property, but he expressly acknowledged that she was the property of the heirs of Jeremiah Shelton deceased and further this deponent saith not.
(signed) William R Gough
The further taking of depositions is continued until tomorrow.
William Randall JP
The deposition of Jeremiah Gough and others taken at the same time and place and for the purpose named in the caption and according to the notice hereto annexed and the continuance of yesterday this 8th day of December 1846. The deponent J Gough being of lawful age and first duly sworn deposeth and saith as follows (to wit)
[illegible] days after the death of Mrs Nancy Shelton which happened in July or August 1839 in Butler County at the house of the defendant Robert Figg and wife. They then told him that Silvy the negro in controversy had been left with them to keep by way of remunerating them for taking care of the said Nancy Shelton during her life, that she was left in that way her services to them being regarded as compensations for taking care of the old lady. They also said that the old lady was dead, and they proposed to purchase the negro, they having no claim on her after the old lady’s death that they wanted to purchase her from the heirs of said Jeremiah Shelton deceased and [?] [?] being our of the heir they then proposed to send to her as much money by me as they supposed would amount to the interest. I declined agreeing it and advised them to write to my mother on this subject. They said they would do so but did not that I know of. Neither Figg nor his wife pretended to claim the negro as their property but expressly acknowledged that she was the property the heirs of Jeremiah Shelton deceased. I was in the neighborhood of said Figg some four or five months counting from July or August 1839 and they frequently conversed with me on the subject of said negro. They at all times acknowledged her the property of said heirs and never to my knowledge claimed her as their own and the deponent saith not.
(signed) J W Gough
Also the deposition of Jonathan Shelton taken at the same time time and place and for the purpose named in the caption the deponent being of lawful age and first duly sworn deposeth and saith as follows (to wit) – In October went after the death of Mrs Nancy Shelton widow of Jeremiah Shelton deceased I was in Butler County at the house of defendant Robert Figg and his wife. I then heard him [?] say that they wished to purchase the negro in controversy from the heirs of Jeremiah Shelton that the negro did not wish to leave that neighborhood and they wanted to buy her and said they had the money to buy her by [?] and that they wanted my father Joshua Shelton (he being one of the heirs and executor of said Jeremiah) to come and receive it. I saw then said Figgs [?] [?] two or three years after the time I have mentioned. They never pretended to [?] a claim to the negro as their property but at all times spoke to me of her as the property of the heirs of said Jeremiah Shelton deceased. In May 1844 as is my best recollection I accompanied my father from his residence in Graves County to the house of the said Figgs. He my father had consulted the heirs of said J Shelton deceased and it was agreed amongst them to sell the negro in controversy to said Figg and it was to make the sale that my father went accompanied by myself, as I have stated. When we got there my father told Figg his business who then proposed to buy anxious to buy the negro but Mrs Figg said (in his presence) that the money was [?] and consequently he could not then purchase. He did not purchase and him my father sent for the negro. I had been with my father and [?] to see the Figgs to sell them the negro. This he [?] at their request, but whenever must they always had some excuse and did not make the purchase. Neither Figg or his wife ever pretended so far as I know that the negro belonged to them, but at all times where they have spoken upon the subject in my presence they acknowledged that she belonged to the heirs of said J Shelton deceased and further this deponent saith not.
(signed) Jonathan Shelton
Also the deposition of Abraham Shelton taken at the same time and place and for the purpose mentioned in the caption of the deponent being of lawful age and first duly sworn deposeth and saith as follows (to wit) I am the person whose signature appears on the paper now shown to me marked in the back (A) and which is a relinquishment by Joshua Gough of his title that negro woman Silvy in controversy. Said paper was dated 10th May 1829 and was signed and acknowledged in my presence by said Gough and at his request and that of J Shelton. I signed the same as a witness and often after the sale of Shelton’s property and before said [illegible] heard said Joshua Gough say that when he bid off said negro at the sale of said Jeremiah Shelton’s property he never intended to keep her but intended her for the heirs of said Jeremiah Shelton deceased and further this deponent saith not.
(signed) Abraham Shelton
Also the deposition of Judith Shelton [wife of Jonathan] taken at the same time and place and for the purpose named in the caption the deponent being of lawful age and first duly sworn deposeth and saith as follows (to wit)
In October 1839 I was at the house of defending Robert Figg and his wife in Butler County and Mrs Figg said to me that she meant to purchase from the heirs of Jeremiah Shelton deceased the negro woman in controversy that said woman had a husband then and she did not like to see them parted, and the next morning after I had said conversation with Mrs Figg, Mr. Figg said he thought the other heirs of J Shelton deceased ought to be favorable with him and his wife and let them have said negro lower than other would get him neither of them pretended to claim the negro as their property but acknowledged expressly that she was the property of the heirs of said J Shelton deceased and further this deponent saith not.
Judith Shelton, her mark
The Commonwealth of Kentucky, Graves County Sct. The foregoing depositions of Jesse Shelton, William Gough, Jeremiah Gough, Jonathan Shelton, Abraham Shelton & Judith Shelton was on the 7th & 8th of this month taken subscribed & sworn to by the aforesaid persons before the undersigned a justice of the peace for said county at the time & place and for the purpose stated in the caption. Given under my hand this the 8th day of December 1846.
William B? JP
William Standlee and Rebecca Benedict
10 January 1850 [direct link to notice]
Mr Asher Shelton Joshua Shelton Abednego Shelton Jesse Shelton Jeremiah Shelton Abraham Shelton William Shelton and Mrs Rhoda Gough Elizabeth Whitaker & Nancy Ashby
Take notice that we will on 20th day of February 1850 proceed to take the deposition of William Standlee & others at the residence of said Standlee in Conway County Arkansas and on the 22nd day of February 1850 we will take the deposition of Jane Ward at her residence in the aforesaid county and state which depositions when taken to be read as evidence in a suit in chancery in the Butler county court in which you are complainants and we are defendants. We will at each of the aforesaid times and places continue from day to day till all the depositions are taken. This 10th January 1850.
V S Hay
Sally Figg
by V S Hay atty
20 February 1850 in Conway County, Arkansas [direct link]
The deposition of William Standlee taken at his residence in Conway County Arkansas on the 20th day of February 1850 pursuant to a notice hereto annexed to be read as evidence by the defendants in a suit in chancery in the Butler Circuit Court in which Asher Shelton Joshua Shelton and others are complainants and Sally Figg and Vincent S Hay administrators of the estate of Robert Figg deceased are defendants. The deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Did you or not hear Jeremiah Shelton deceased in his lifetime speak frequently about his negro woman Sylvia and did you or not hear hm say that said slave belonged to his daughter Sally Figg?
Answer: I have often for I boarded and lived at the house of Jeremiah Shelton between the years of 1806 & 1809 sometime and was intimately acquainted with the family affairs in general. The negro woman Silva spoken of above was then a small child and the said Jeremiah and his wife Nancy spoke of it often and appeared to wish it distinctly understood that the said child Silva did belong to their daughter Sally before and after her marriage to Robert Figg as long as I stayed in that state which I think I left in 1809. (signed) William Standlee.
Question by same: Did you or not hear said Shelton say that he had let his daughter Sally Figg have said negro woman in consideration of care and attention bestowed by her on her parents in their old age? Tell all as far as you can recollect that you did hear said Shelton say about said slave whether you did or not hear him say frequently that said slave did belong to his daughter Sally Figg.
Answer 2nd: Old Jeremiah Shelton senior after the marriage of his daughter Sally to Robert Figg often spoke of his intention of committing the care of himself and wife into the hands of his daughter Sally and her husband Robert Figg if they ever should live to feeble age, though they did not appear to think they had arrive to that state then, when I left that country the said Robert Figg and his wife Sally was living in the house with the said Jeremiah Shelton and appeared to have the same care of the affairs of the place as if they were their own. The above is a true statement of the inquiries made above as far as my recollection serves me from the long lapse of time since those things transpired.
(signed) William Standlee.
Craven W Harrison JP
Also the deposition of Rebecca Benedict taken at the same time and place and for the same purpose as stated in the caption hereof the deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Did you or not ever hear Jeremiah Shelton in his lifetime say whether he had let his daughter Sally Figg have his negro woman Sylvia ? as far as you can recollect what you did hear him say on that subject and also state what you know about Sally Figg and her husband taking care of old Mr. Jeremiah Shelton and his wife in their old age.
[The answer is missing. Given the summary below omits her, I suspect she was not actually deposed.]
Also the deposition of Jane Ward taken at her residence in Conway County Arkansas on the 22nd February 1850 to be read as evidence in the above suit. The deponent being of lawful age and first duly sworn deposeth and saith.
Question by defendants: Did you or not ever hear Jeremiah Shelton in his lifetime say whether he had let his daughter Sally Figg have his negro woman Sylvia in consideration of services rendered in taking care of her parents in their old age? Tell all you can remember on that subject. Also tell what you know about Sally Figg and her husband taking care of old Jeremiah Shelton and his wife in their old age.
Answer first: I did not but it was generally understood by myself and the balance of the connection that the above named Jeremiah Shelton intended his negro woman Sylvia for his daughter Sally Figg and Robert Figg her husband. But to my personal knowledge the care of the old people was left to Sally Figg and her husband Robert Figg by the balance of her brothers and sisters. I do not recollect how long Sally lived with them after her marriage to Robert Figg. But Sally and her husband Robert Figg appeared to have charge of their parents from the time of their marriage until I left that country which I think was in 1828.
(signed) Jane Ward, her mark
Craven W Harrison, JP
I Craven W Harrison an acting and duly commissioned justice of the peace in and for the county of Conway in the State of Arkansas do hereby certify and make known that the foregoing depositions of William Standlee and Jane Ward were taken before me on the 20th and 22nd days of February A.D. 1850 between the hours and at the places in the captions hereof abovementioned, that the examinations, responses and statements of each of said deponents were reduced to writing in my presence, and by the said deponents respectively sworn to and subscribed in my presence, at the time and places aforesaid and that said deponents are residents of the county of Conway in the State of Arkansas. In testimony whereof I Craven W Harrison Justice of the peace do hereunto set my hand at Conway County in the State of Arkansas this 22 day of February, A.D. 1850
Craven W Harrison, JP
State of Arkansas
County of Conway
I Ephraim Morrell Clerk of the County Court within and for the County aforesaid do hereby certify that Craven W Harrison the person whose name is subscribed to above and foregoing certificate is an acting and duly commissioned Justice of the Peace in and for the County aforesaid, and was at the date of said certificate, and full faith and credit should be given all his official acts.
In testimony whereof, I have hereunto set my hand, and affixed the seal of such county at office in Lewisburg in the county aforesaid this the twenty second day of February A.D. 1850
(signed) Ephraim Morrell, Clerk
John Tyler, John L Scott, Angeline Moore and Pauline Scott
1 July 1850 [direct link to notice]
Mr Asher Shelton Joshua Shelton Abednego Shelton Jesse Shelton Jeremiah Shelton Mrs Rhoda Gough Elizabeth Whitaker and Nancy Ashby
Take notice that we will on Wednesday 11th July 1850 proceed to take the depositions of John Tyler and wife and others at the law office of Vincent S Hay in Morgantown, Ky to be read as evidence in a suit in chancery in the Butler circuit court in which you are complainants and we are administrators of the estate of Robert Figg deceased and are defendants. We will continue from day to day till all the depositions are taken this 1st July 1850.
V S Hay
Sally Figg
11 July 1850 [direct link]
The deposition of John B. Tyler taken at the same office of Vincent S Hay in Morgantown Ky on the 11th day of July 1850 agreeably to a notice hereto annexed to be read as evidence on the part of the defendants in s suit in Chancery in the Butler circuit court in which Asher Shelton, Joshua Shelton and others are complainants and Vincent S Hay and Sally Figg administrators and administratrix with the will amended of Robert Figg deceased are defendants the deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Did you or not some time in the month of May last hear Jesse Shelton the brother of Mrs Sally Figg conversing on the subject of the suit in the Butler circuit court in which the Sheltons are complainants and Mrs Figg defendant relative to a negro woman Sylvia if so state as near as you can what Shelton said on that occasion.
Answer: I did hear Mr. Jesse Shelton conversing on the subject of the above named suit and on the subject the negro woman Sylvia. I heard him say in that conversation that he considered he had no right to the negro woman and also that he (said Shelton) said the other heirs had no right to trouble Mrs Figg about the negro. And further this deponent saith not.
(signed) John B H Tyler.
Also the deposition of Doctor John L Scott [husband of Paulina Figg, hence the son-in-law of Sarah Figg] taken at the same time and place and for the same purpose as stated in the caption, the deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Did you or not hear Joshua Shelton conversing with Mrs Figg in relation to the negro woman Sylvia now in controversy between the Sheltons and Mrs Figg if so state as near as you can what Shelton said on that occasion.
Answer: I did hear Joshua Shelton talking with Mrs Figg about the negro woman Sylvia and in that conversation I heard Shelton say that he had agreed to let Mr and Mrs Figg have the negro woman Sylvia as a compensation for taking care of old Mrs Shelton and that after he had made this arrangement the other heirs had become dissatisfied with the arrangement and in order to satisfy them he paid them $100 and then all he wanted was to get from Figg the $100 which he had paid the other heirs.
Deponent being further interrogated states he heard Abednego Shelton who is one of the complainants state that he had no claim nor right to the negro woman Sylvia and was willing to execute an instrument of writing to that effect. And further this deponent saith not.
(signed) J Scott.
Also the deposition of Angeline Moore taken at the same time and place and for the same purpose as stated in the caption thereof. The deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Were you or not well acquainted with Mr Figg's family before the death of old Mr and Mrs Shelton and were you or not frequently about their house? If so state whether or not this negro woman Sylvia was in their possession and was called their (that is Figgs and wife’s) slave before the death of old Mrs. Shelton.
Answer: I was well acquainted with Mr Figg’s family and went to school in Morgantown and boarded just across the street from Mr. Figg before the death of old Mr. Shelton. The negro woman Sylvia was at that time in the possession of Mr. Figg, was living in his family and was called his negro. This was about 25 years ago and to the best of my recollection the negro woman remained in Mr Figgs family up to the time of old Mrs Sheltons death and has continued in their family ever since.
Question by defendants: Tell what you know about Mr and Mrs Figg attending to old Mr and Mrs Shelton in their old age.
Answer: Old Mr Shelton lived in the country some five or six miles from Morgantown and Mrs Figg frequently went out to her father and stayed with the old people as I understood to wait on them and I know she used to make clothes for the old man and old woman both and send them out and after the old mans death old Mrs Shelton came to live in the family of Mr Figg and continued there until her death. My recollection is she [illegible] in the family about eight or nine years. I was at Mr Figgs more or less almost every week until I was married and was married in their house and had a good opportunity to know what care they took of Mrs Shelton. She became quite helpless some time before her death and required a great deal of attention. Mr Figg’s whole family bestowed every attention on the old lady and discharged their duty faithfully in administering to her wants and necessities. I do not know of their receiving any other compensation for all their trouble but Sylvia and I consider that quite inadequate. I was present at Mr. Figg’s when Abednego Shelton and one of the other Sheltons, which one I don’t now remember but I think he was a sort of a preacher [Joshua and Asher were both preachers], were present in conversation with Mr Figg about old Mr Shelton’s will. They had the will present. This preacher Shelton offered to hand the paper to Abednego and when he was in the act of passing it the said heir Abednego commit it to the flames but Mrs Figg snatched it away from them and kept them from destroying it. And further this deponent saith not.
(signed) Angelina Moore
Also the deposition of Paulina P Scott [daughter of Robert & Sarah Figg] taken at the same time and place and for the same purpose as stated in the caption. The deponent being of lawful age and first duly sworn deposeth and saith.
Question by defendant: Was or not the negro Sylvia in the possession of your father Robert Figg a considerable time before the death of old Mr Shelton? If so, state as near as you can how long.
Answer: She was in his possession and lived in our family a considerable time before old Mr Shelton’s death. The negro has been living in my father and mother’s family from my earliest recollection to the present time and I am now in the 36th year of my age; except a year or so before my grand father died and then my mother took Sylvia and went out and spent a considerable portion of her time with the old people and let Sylvia remain there to wait on the old man who was helpless for a year or more before his death. He was blind and confined to his bed a year or more before his death and required a great deal of attention. He had no children living with him they had all moved from the country except my mother and one of her brothers, and the care of the old people devolved on my father and mother. Sylvia was all this time called my father’s and mother’s property, and I never knew any thing else until the death grand father when they (my mother’s brothers) commenced a disturbance with my father and mother about Sylvia and told her they intend to have her Sylvia sold with the [illegible] property which I suppose they did do. They then told my father and mother if they would take my grand mother (old Mrs Shelton) without any other property and support her and also give an obligation that she would not come against her father’s estate for any other property they would not say any thing more about the negro. My father and mother agreed to this and took my grand mother old Mrs Shelton without any other property, not even a bed, and supported her in their family until her death. She was very helpless a considerable time before her death and required a great deal of attention. The old lady remained in my father’s family about nine years before her death and became positively childish before she died. She received a fall out of the door which injured her head some five or six years before her death after which her mind was so much impaired that she was quite childish and required as much attention as a child. After the death of my grand mother Joshua Shelton came to my father and mother and told them the other heirs were dissatisfied with the arrangement he had made about letting them have Sylvia and stated he had paid them (that is) the other Shelton heirs $100 and then all he wanted was that my father and mother should pay him that amount which they agreed to do. My mother furnished old Mr and Mrs Shelton with their clothing and nourishment for several years before the man’s death. As before stated the old lady came to live in my father’s family. From some hurt which she received she could not even comb her own head. And further this deponent saith not.
(signed) Pauline Scott
State of Kentucky
Butler County Sct
The foregoing depositions of John Taylor, John L Scott, Angeline Moore and Paulina Scott were this day taken sworn to and subscribed before me justice of the peace in and for the county aforesaid at the time and place and for the purpose stated in the caption. Signed under my hand this 11 July 1850.
(signed) E Taylor JP
William R Gough and Eli Gough
20 August 1849 [direct link]
The deposition of William R Gough taken at the house of James Fike Esquire in the County of Graves & State of Kentucky on the 20th day of August 1849 agreeably to the notice hereto annexed to be read as evidence on the part of the complainants in a suit in chancery now depending in the circuit court for the county of Butler wherein the several heirs of Jeremiah Shelton deceased are complainants & V S Hay & Sarah Figg administrators of Robert Figg deceased are defendants, the deponent being of lawful age & first duly sworn deposeth and saith
That he heard his brother Joshua Gough in conversation with his mother about the negro woman Silvy that the son Joshua Gough bid off at the sale of Jeremiah Shelton deceased in which conversation the said Joshua Gough said that he had given up said negro woman Silvy to Joshua Shelton the executor to the estate of said deceased.
William R Gough
The deposition of Eli Gough taken at the house of James Fike Esquire in the County of Graves & State of Kentucky on the 20th day of August 1849 agreeably to the notice hereto annexed to be read as evidence in the court of the complainants in a suit in chancery now depending in the circuit court for the county of Butler wherein the several heirs of Jeremiah Shelton deceased are complainants & V S Hay and Sarah Figg, administrators of Robert Figg deceased are defendants. The deponent being of lawful age & first duly sworn deposeth & saith
That he was at the sale of Jeremiah Shelton deceased that his brother Joshua Gough bid off the negro woman Silvy not for himself but for Joshua Shelton the executor of said deceased for the use & benefit of said deceased widow as his dower. He himself heard this brother Joshua Gough say since that time that he had given up said negro woman Silvy to the said Joshua Shelton executor of the said deceased for the use & benefit of said widow.
I also heard Sarah Figg say in the lifetime of the said widow that at her death the said negro woman Silvy belonged to the several heirs of the said Jeremiah Shelton deceased.
Eli Gough
Willis Johnson and Austin Penly
14 August 1850 [direct link to notice]
Mr Asher Shelton Joshua Shelton Abednego Shelton Jeremiah Shelton Abraham Shelton William Shelton Mrs Rhoda Gough Elizabeth Whitaker and Nancy Ashby
Take notice that we will proceed on the 24 August 1850 to take the depositions of Willis Johnson Austin Penly and others at the law office of Vincent S Hay in Morgantown Ky to be read as evidence in our behalf in a suit in chancery in the Butler Circuit Court in which you are complainants and we are defendants. We will continue from day to day till all the depositions are taken this 14th Aug 1850.
Sally Figg
V S Hay
by V S Hay
24 August 1850 [direct link]
The deposition of Willis Johnson taken at the law office of Vincent S. Hay in Morgantown Ky on the 24th August 1850 pursuant to a notice hereto annexed and to be read as evidence on the part of defendants in a suit in chancery in the Butler circuit court in which Joshua Shelton Asher Shelton and others are complainants and Sally Figg and Vincent S Hay administrator of the will aforesaid of Robert Figg deceased are defendants. The deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Did you or not see Eli Gough in Graves County Ky sometime in December 1849 if so what was the state of his mind? Is he or not a deranged man? What did his friends tell you about?
Answer: I did see him in Graves County in December 1849. He was then at his brother Jerry’s. His friends informed me that he was deranged and he looked to me like he might be deranged or very sick. I understood from his friends that he was, and had been for some time incapable of taking care of himself. How long he has been in that condition, I do not know. I also heard his friends say that he at one time went to Texas and some of his friends had to go after him and bring him back to that country. He was then living at his brothers (that is, when I saw him). I also heard them say that he would take and carry away any article of property which he could get hold of.
(signed) Willis Johnson, his mark.
Question by same: From what you heard from his relations and friends as to the state of his mind do you or not believe he is entitled to credit on oath?
Answer: From what I heard of him I think he is not.
And further this deponent saith not.
Also the deposition of Austin Penly taken at the same time and place and for the same purpose as stated in the caption the deponent being of lawful age and first duly sworn deposeth and saith
Question by defendants: Have you or not heard from the relations and friends of Eli Gough that he is, and has been for some years past, deranged in his mind if so state how long and what is commonly reported of him.
Answer: I have frequently heard it reported among his friends and relatives that he is and has been deranged in his mind and wholly incapable of taking care of himself. I also heard from the same sources that he at one time married, and when his mind became impaired he was compelled to separate from his family, and go to live with some of his friends. I cannot state precisely how long since I first heard of his derangement but from my first recollection about eleven years. I have never heard of even a partial restoration since his first derangement.
Question by same: From what you have heard of the state of his mind do you or not believe he is entitled to credit on oath?
Answer: I do not.
Question by same: Do you or not know how long Mr. and Mrs. Figg have had possession of Sylvia (the negro woman in controversy) and whether or not they had possession of her before the death of old Mr. Shelton?
Answer: I lived close neighbor to old Mr. Shelton and was frequently at his house and when he got to be so old that he could not well attend to his own business, he frequently sent for me to do things for him and my recollection now is that Mr. and Mrs. Figg had possession of Sylvia at least two years before his death.
Question by same: Did or not old Mr. and Mrs. Shelton become very helpless and infirm long before his death and what do you know about Mr. and Mrs. Figg attending to them a considerable time before his death? Did any of his other children attend to them?
Answer: The old man lived to be very old. I was acquainted with him some four, five or six years before his death. The old man was blind when I first knew him and continued so until his death and for something like fifteen years before his death, as I understood, from a hurt he was unable to walk without help. The old lady was also old and infirm and unable to help herself. Their children had all left them. I know that Mr. and Mrs. Figg did attend to the old people a great deal. I saw them there frequently. Without their assistance the old people must have suffered. As to the other children I never saw any of them there and do not believe any of them administered to their wants except Mr. and Mrs. Figg.
And further this deponent saith not.
(signed) Austin Penly, his mark
State of Kentucky, Butler County
The foregoing depositions of Willis Johnson and Austin Penly were this day taken sworn to and subscribed before me by the said Johnson and Penly at the time and place and for the purpose as stated in the caption hereof given under my hand 24th day of August 1850
(signed) Edwin Taylor
Jesse Shelton, Eli Gough, Henry & Sarah Lawrence, Jonathan Shelton, Anthony Green and Joseph Taylor
V S Hay & Sally Figg, administrators of Robert Figg deceased
Take notice that on the 13th day of September next, at the house of James Fike Esq in the county of Graves in the state of Kentucky I will take the depositions of Henry Lawrence, Joseph Taylor et al to be read as evidence in a suit in chancery now pending in the Butler Circuit Court wherein we are complainants and you are defendants. When and where you may attend from day to [day] until the same is completed.
August 19th 1850
Asher Shelton
Rhody Gough
Abednego Shelton
Joshua Shelton
Jesse Shelton
Jeremiah Shelton
Elizabeth Whitaker
Abraham Shelton
Nancy Ashby
William Shelton
Graves County Sct
The deposition of Jesse Shelton taken at the house of James Fike in the County of Graves & State of Kentucky on the 13 day of Sept 1850 agreeable to the notice hereto annexed to be read as evidence on the part of the complainants in a suit in Chancery now depending in the Circuit Court of the County of Butler wherein Joshua Shelton & others is complainants & Sarah Figg & V S Hay administrators of Robert Figg deceased [are defendants]. The deponent being of lawful age & first duly sworn deposeth & sayeth.
Question by complainant: Mr. Shelton please to state all you know concerning the possession of a negro woman named Silva by Jeremiah Shelton deceased now in dispute between the heirs of said Jeremiah Shelton deceased & Sarah Figg.
Answer: I was intimately acquainted & frequently about said Jeremiah Shelton deceased house from my earliest recollection which I think could recollect from about the year 1815 until the year 1820 which in the spring of that year my father left that country. I being ten years old that summer. During that time from the earliest of my recollections said Jeremiah Shelton deceased had said negro in his possession held & owned said negro as his own property so far as I knew. If there was any other right or claims on said property I never knew it or heard of it.
2nd Question: Have you or have you not any recollection of William Standley living about the house of said deceased about that time?
Answer: I have no recollection of ever seeing William Standley in my life but he being a connection I have frequently heard it spoken of his living about deceased house but before my recollection.
Question: State if you if you please whether you did or did not board at the house of Robert Figg in the fall of 1819 going to school & whether said negro was in Figg’s possession at that time.
Answer: I did board there in the 1819 & she was not at Figgs at all during my stay there so far as I recollect.
Question: were you or were you not sent with a power of attorney from the executor of said Jeremiah Shelton deceased after the death of Nancy Shelton widow of said deceased to Robert & said Sarah Figg for said negro & also state what said Sarah Figg said on that occasion.
Answer: I was sent by said Executors to said Figg with a power of attorney for said negro. I arrived at Figgs house the Saturday before the County Court of Feb or March term of 1840 of Butler County. Sarah Figg seemed well satisfied that the executors had sent to take charge of said property & stated that she had no claims or demand on the property & agreed with me that they would give up the property on Monday morning of said County Court to be sold or disposed of as thought best, this all being in the absence of her husband Robert Figg. On Monday morning I returned to said Figgs he then being at home refused to give up said negro pledging that he had bought said negro from Jesse Shelton one of the heirs of said deceased. Sarah Figg then told me to go home & tell the executor to come to her & that she could arrange the matter satisfactorily that she had the money of her own & that she would pay for the negro & keep her. In the fall of 1840 the executor complied with her request. I went with him. He waited on her in my presence & could get neither money or negro & further the deponent sayeth not.
Sept 14 1850
Also the deposition of Eli Gough
Question by Complainant: Did you or did you not live at the house of Jeremiah Shelton now deceased in the year 1825?
Answer: The deponent say he did.
Question: Did he the same Jeremiah Shelton deceased or did he not at that time have this negro woman Silva now in dispute in his possession & did he not own her put his in the cross as his own [proper?]
Answer: The deponent say he did
Question: Did you or did you not hear Sarah Figg ask her father the said deceased in that year to give her the child of this said Silvy which was called Sarah?
Answer: The deponent said he did and her father told her he would not & further told her that he intended that all his children should fare alike.
Question: Were you or were you not at the sale of said deceased & had not said negro been appraised & was she not sold & was not Robert Figg at said sale & did you hear any claim by said Figg or any other person made known at that time for said negro?
Answer: The deponent say he was at the sale the said negro had been appraised & was sold & Robert Figg bid for her & I heard no claim put up for said negro by Figg or any other person and further the deponent sayeth not.
Sept the 14 1850
Eli Gough
Also the deposition of H G Lawrence taken at the 14 of Sept & place stated in the caption.
Question by complainant: Did you or did you not live a neighbor to Jeremiah Shelton now deceased some 12 or fifteen years before his death & up to his death & did you know a negro woman named Silvy now in dispute & was she not in his possession during that time and did he not own her & claim her as his own property & did you ever hear of any other claim for said negro?
Answer: The deponent say he did live a neighbor to said Jeremiah Shelton now deceased some 12 or 15 years last before his death & said Shelton had in his possession the said negro owned & claimed her as his own proper during that time.
Question: Was or was not the said negro woman sold at the sale of said deceased & was not Robert Figg there & did you hear of any claims made known by said Figg or any other person?
Answer: The deponent say that the said negro was sold at said sale & that Robert Figg was there & he heard no claim put up for said negro by Figg or any other person.
Question: Did you or did you not hear Robert Figg say that Nancy Shelton widow of said deceased lived at his house & that the said negro Silvy was put there the purpose of waiting on said widow?
Answer: The deponent say that the said window lived at the house of said Robert Figg & that he heard Figg say that the negro Silvy was put there to wait on the said widow.
Question: Do you or do you not recollect of any man by the name of William Standley living about the house of said Jeremiah Shelton deceased for the last fifteen years before his death?
Answer: The deponent say he has no recollection of any such a man living at the house of said deceased during that time nor any where in the settlement & that he is very certain there was not such a man living at his house during that time and further this deponent sayeth not.
H. G. Lawrence
Also the deposition of Sarah Lawrence taken on the 14 of Sept 1850 at the same place for the same purpose stated in the caption.
Question: Did you or did you not live a neighbor to Jeremiah Shelton now deceased for the last ten years before his death and a part of that time as nigh as one half mile and was he not in possession of a certain negro woman named Silvy, now in dispute, owned & claimed by him until his death?
Answer: The deponent say that she did live a neighbor to said Jeremiah Shelton about that length of time & a part of the time as near as one half mile & that said Shelton had in his possession a negro woman Silvy owned her as his property until his death and further the deponent sayeth not.
Sarah Lawrence
Also the deposition of Jonathan Shelton taken the 14th day of Sept 1850 at the same place and for the same purpose stated in the captions.
Question: Did you not live within ¾ of a mile of your grandfather Jeremiah Shelton deceased from your earliest recollection until the spring of the year 1820 and within one ½ mile of Robert Figg a portion of the time? The deponent saith he did.
Question: Were you not often at your grand father’s house and well acquainted with the place? The deponent saieth he was.
Question: Was Jeremiah Shelton deceased in the possession of a certain negro girl by the name of Silvy from your earliest recollection down to the spring of the year 1820 that he the said deceased claimed and used as his own property? The deponent saith the said deceased was in the possession of said negro that he claimed and used as his own property.
Question: Was you or was you not [sic] well acquainted about the house of Robert Figg during the above named period of time? The deponent saith he was.
Question: Was the said Figg in the possession of the said negro and used her as his property for and during the above named period? The deponent saith he did not.
Question: Was you or was you not at different times after 1820 in the neighborhood where the said deceased lived and if you was, was the said deceased in the possession of said negro?
Answer: The deponent say he was there at different times and he, the said deceased, was in possession of said negro woman.
Question: Do you or do you not recollect a man by the name of William Standley living at the said deceased & if so state how long it has been since he lived in that settlement & state all you know about his departure.
Answer: The deponent say he does recollect of William Standley living in that settlement about 45 years ago to the best of his recollection. Concerning his departure that he is gone & he has not heard of him being in that settlement since about that time and further the deponent sayeth not.
Jonathan Shelton
Also the deposition of Anthony Green taken on the 14 Sept 1850 at the place & for the purpose stated in the caption.
Question by complainant: Do you or do you not recollect a man named William Standley living at Jeremiah Shelton now deceased? If so state how long ago & how long since he left that country & whether you have seen or heard of his living in that country since he left.
Answer: The deponent say that he knows a man by the name of William Standley & that he lived at said Jeremiah Shelton deceased about 44 or 45 years ago and lived there a year or more & left that country about that time & I have not seen or heard of his being in that country since that time & further the deponent sayeth not.
Anthony Green
Also the deposition of Joseph Taylor taken on the 14 day of Sept 1850 at the place & for the purpose stated in the caption.
Question by complainant: Did you or did you not live in the settlement of Jeremiah Shelton now deceased from the year 1811 until the year 1821 & did you not know that he was in possession of a negro girl named Silvy during that time?
Answer: The deponent say he lived a neighbor to said deceased from the year 1811 until the year 1821 & that said deceased owned a negro girl named Silvy and held her as his own property during that time in November 1821 he left that country & came here in January 1823 he remove back to the same place in the month of March 1823 he removed in to the house of said Jeremiah Shelton deceased & the said deceased was still in possession of said negro girl. He managed matters & made a crop there that year and in the contract the said Jeremiah Shelton deceased reserved the said negro out of the crop for a house girl & that he left the said Sheltons in the fall of 1823 & stayed in the settlement until 1828 & the said Shelton was still in possession of said negro girl & further the deponent sayeth not.
Joseph Taylor
Graves County Sct
The foregoing deposition of Jesse Shelton, Eli Gough, Henry H G Lawrence, Sarah Lawrence, Jonathan Shelton, Anthony Green & Joseph Taylor was this day taken subscribed & sworn to by the said Jesse Shelton, Eli Gough, H G Lawrence, Sarah Lawrence, Jonathan Shelton, Anthony Green & Joseph Taylor before the undersigned a justice of the peace for said County at the time & place & for the purpose stated in the caption thereof given under my hand this 14th day of September 1850.
James Fike JP
Foster James & Others
[direct link] to notice
Vincent S Hay and Sally Figg administrators of the will annexed of Robert Figg deceased take notice that on the 21st day of this Instant we by our agent will attend at the clerks Office in Morgantown to take the deposition of Foster James & others to be read as evidence on the part of the complainants in the suit now pending the Butler Circuit Court wherein Asher Shelton & others are complainants and you are defendants. And from sickness or absence of witnesses or any other cause said depositions cannot be taken on that day, we will continue from day to day with the same to be taken, when and where you can attend if you wish, Sept 11, 1850.
Asher Shelton
Rhody Gough
Abednego Shelton
Joshua Shelton
Jesse Shelton
Jeremiah Shelton
Elizabeth Whitaker
Abraham Shelton
Nancy Ashley
William Shelton
As far as I know, this deposition is not among the surviving papers.
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