Evans et al. vs. Lipscomb et al. the taking of these interrogatories, except myself and the Commissioners. his WILLIAM FORBUS. mark. Answered, subscribed, and sworn to, before us, this 16th. day of May, 1857. JAMES LEWIS, Commissioner, [L. S.] BLAKELY L. HARRIS, Commissioner, [L. S.] Sarah Awbry's Interrogatory, taken by Plaintiffs. To the first interrogatory, she answers: She knows the parties. To the second interrogatory, she answers: She has heard a conversation with Mildred Bowling, and heard her say that she had not done as much for Polly Bowling as she intended to do, but intended her to have an equal "share" of her property at her death. To the third interrogatory, she answers: She heard Mildred Bowling say she never intended to make a will, for the Law was will enough, and as to Mildred Bowling being persuaded to make a will, and by whom, she does not distinctly recollect. To the fourth interrogatory, she answers: She has stated all she knows in the second interrogatory, and that she knows nothing more than she has stated that would benefit plaintiffs. First. She answers, in 1849, at Nathan Lipscomb's plan- · tation, where Mildred Bowling frequently visited witness and, also, Polly Bowling; and witness asked Mildred Bowling, why she did not stay longer with Polly Bowling, and witness says Mildred Bowling said that she would, but Harriet, her daughter, would not let her, and this brought on the conversation in relation to the distribution of her property, and there was no one present. Second. She answers, she has no recollection of any such conversation. Third. She answers, that there was no one present but John L. Hurst and Edwin Pharr, who was engaged in taking my answers. Witness answers she knows nothing more. SARAI AWBRY. Answered and sworn to, and subsribed, before us, the 16th day of May, 1857, JOHN L. HURST, Commissioner, [L. S.] Evans et al. vs. Lipscomb et al. Thomas M. Awbry's Interrogatory, taken by Plaintiffs. To the first interrogatory, he answers: I know the parties in said case. . To the second interrogatory, he answers: I heard Mildred Bowling speak in regard to the distribution of her property after her death; I have heard her speak of it oftentimes, and she always stated that she intended John Bowling's children should have an equal "share" in her estate at her death. I cannot recall all that she has said, but this is the substance. To the third interrogatory, he answers: I have heard Mrs. Bowling say she had been requested to make a will, but the Laws of her Country was a sufficient will to divide her property, and consequently she would not make a will. To the fourth interrogatory, he answers: Mrs. Bowling stated she wanted her property equally divided between John Bowling's children and Mrs. Lipscomb. First. He answers: The Commissioners only were present at the taking of these answers. I do not recollect any one being present at the conversation referred to but my wife, and dont know that she was present all the time. I have stated about all that passed. Said conversation occurred at my house in 1849, and previous to that time I know nothing THOS. M. AWBRY. more. Answered, sworn to, and subscribed, before us, this 14th day of November, 1856. JAMES LEWIS, Commissioner, [L. S.] WILLIAM L. HUGHEY, Commissioner, [L. S.] Mary Bowling's Interrogatorics, taken by Plaintiffs. To the first interrogatory, she answers: I am acquainted with the parties except John W. Robertson. To the second direct interrogatory, she answers: She was acquainted with Mildred Bowling in her life-time. I knew her about twenty-eight years; I knew her intimately, as I lived in the house with her several years. When I first became acquainted with her, I considered her mind good, but in the latter part of her life, her mind was very wandering. I did not consider her obstinate, but would yield readily to the influences of those she loved. Mildred Bowling bought two hundred acres of land from Nathan Lipscomb, and I heard her and Nathan Lipscomb make the trade, and was present at the time of the trade, and she told me that she had Evans et al. vs. Lipscomb et al. bought the land for myself and her to live upon, and afterwards Harriet Lipscomb told her to sell the land and not live upon it, and she sold the land and afterwads bought the land back, but she never gave me permission to live upon it; however, she (Mildred Bowling) bought one hundred and fifty acres of land more from George and Thomas Lipscomb, and two hundred acres from Nathan Lipscomb, and Mildred Bowling told me that she wanted to put her negroes on the land, and wanted witness' sons to work with them and cul.tivate the land, and Harriet Lipscomb objected to it, in my presence, and Mildred Bowling declined the idea. To the third direct interrogatory she answers: I never had any conversation with Mildred Bowling about any property she had given away while in life. I had a conversation. with Mildred Bowling about the distribution of her property after her death. She stated to me that she wanted her property equally divided between her son's children and Harriet Lipscomb. The above conversation occurred in the year 1852, at my house. She stated that she had been persuaded to make a will, but she did not wish to make a will; that the Law of her country would divide her property equally among her heirs, and that was as good a will as she wanted. To the fourth direct interrogatory she answers: I was at the house of Mrs. Harriet Lipscomb in December, in 1854, and I heard Mildred Bowling say that she had that day killed her pork for the next year, and was sending it up to her plantation for her negroes, for the year 1855. These were the negroes that are now in dispute. She did not say how much she claimed at that time; she did not say whether she had given any part, or any, or all away; she never said anything about giving any of it away in my hearing. To the fifth direct interrogatory she answers: That she had a conversation with Harriet Lipscomb in February, in the year 1855, about her farming business for that year, and Harriet Lipscomb told witness that her and Mildred Bowling had employed Robert Turner to oversee for herself and Mildred Bowling; and Harriet Lipscomb further stated that the reason they had done so that herself and Mrs. Bowling had moved to LaGrange, and it would be more convenient for them to put their hands together and farm together and put them under one overseer to oversee both plantations; and Harriet Lipscomb further stated, that her mother, Mildred Bowling, Evans et al. vs. Lipscomb et al. was to go halves in paying the overseer and all the expenses, and she (Harriet Lipscomb) was to pay the other half, and go halves in the property; she stated that her mother was well pleased with Robert Turner, that she liked him better than she did Robert Gresham; that is all that I now recollect in this conversation about the farming business. Harriet Lipscomb then asked me if I had heard the report that Mildred Bowling had bought that land, that she had moved to near LaGrange, and gave it to her; witness stated that she had heard the report but did not believe it, Harriet Lipscomb replied that witness need not believe it; that she (Mrs. Lipscomb) had heard that Mr. Hearn had told it, but she intended to ask Mr. Hearn about, and if Mr. Hearn had told it, it was not so. To the sixth direct interrogatory, she answers: That she had a conversation with Harriet Lipscomb after the death of Mildred Bowling; that Harriet Lipscomb sent for witness to come to her house the same day of the death of Mildred Bowling, when Harriet Lipscomb asked witness to walk into the garden, when she said that her mother had died without a will, and had left her property just so, and appeared to regret it very much; that she didn ot make a will and fix the property in the hands of witnesses' children, so that it could not be taken from them; and that her mother had always said that she wanted her negroes to have the privilege of picking their masters. The above conversation took place at the house of Harriet Lipscomb, near LaGrange, the day that Mildred Bowling died, in February, 1855, but don't recollect the day of the month. The next day, after Mildred Bowling's death, Harriet Lipscomb told witness that she was not so sure but Andrew Richardson could get little Sis's part. Speaking of Mary Jane Richardson, that she had often heard her mother say that she wanted that child to have its mother's part, and that if I could get two witnesses besides herself, that three witnesses could establish a will, so that child could get its mother's part, and you must study fast; if there is a will established it must be done in a short time; and that Harriet Lipscomb further stated, that she attended to the settling of her mother's business herself, and asked witness if she supposed she would be troubled by the creditors or witness' sons? Then Harriet Lipscomb further stated, she could tell witness of two things that she was not apprised of: Evans et al. vs. Lipscomb et al. that her mother had given her half the place where she lived, near LaGrange, and a bill of sale to Mary, and upon parting. at the grave of Mildred Bowling, Harriet Lipscomb requested witness and A. W. Tyre and wife to come over to her house in a few days and talk the matter over, and accordingly witness and A. W. Tyre went over to Harriet Lipscomb's house, when she (Harriet Lipscomb) appeared very distant and had nothing to say on the subject, until approached by A. W. Tyre, when she stated that she intended to attend to her mother's business herself, and that her mother gave her half the land where she lived and a bill of sale to Mary. Tyre asked her if that was all her mother give her, when she said it was, and if he did not believe it to go to the Clerk's office and see for himself; and Tyre asked her if that was all she claimed that her mother gave her, when she said it Witness states, distinctly, that the above conversation, except the last one between Harriet Lipscomb and A. W. Tyre, was raised by Harriet Lipscomb; the last was raised by A. W. Tyre. I know nothing more that will benefit plaintiffs. was. To the first cross interrogatory, she answers: In my conversation with Mildred Bowling she did not say that she had given the girl Mary to Harriet Lipscomb. Mildred Bow, ling told me, at my house in the year 1852, that all the property she paid taxes for at her death would be equally divided between Harriet Lipscomb and my children; she said that she had not nor never intended to make a will. I do not now recollect that she said any thing to me about listening to report. To the second cross interrogatory, she answers: That the character of her children for prudence, frugality, and correctness, is not, perhaps, as good as it ought to be. Yet she thinks their character for the above traits, are as good as children are according to their opportunity. I do not know that they are extravagant, or reckless, in money matters; I do not know that they make way with all they get, as they have assisted me in raising them and providing for the family, I never knew any of them to gamble or be in the habit of gambling, any or either of them. I never saw any cards, except cotton or wool cards, such as are generally used by women in carding and spinning cotton or wool cloth, in my house. I never knew them to have any decks of cardsther |