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Loudoun County,
Virginia
Transcripted
excerpts of court papers pertaining to
John
Jenkins Jr.'s son-in-law and overseer Franklin Perry
Perry
vs. Kitchen Loudoun County Chancery M7049
"Re
disposal of slaves by Franklin Perry...
John
Jenkins sold the Negro Girl Fan for 42 Pounds Virginia currency to
William Kitchen on 2 February 1769.
The
Deposition of Mrs. Sarah Barnes aged Seventy four or thereabouts in a
Suit depending in Loudoun Court between Franklin Perry Plaintiff and
William Kitchen Defendant taken in Obedience to the annexed Order of
the Worshipful Court of Loudoun.
The
said Sarah Barnes being sworn deposeth and saith when she used to
attend Court about thirty years ago, or thereabouts, She went
generally to Mr. John Jenkins House from Court and the said John
Jenkins' two little Daughters were frequently in Company with the
said Sarah Barnes, and that one Morning when She was there, John
Jenkins told her the said Barnes that he had given his little
Daughters each of Them a Negroe Girl and that upon that he called in
his two Daughters, and the two Negroe Girls, & desired the said
Sarah Barnes to take Notice that He gave his Daughter Elizabeth the
biggest of the Negroe Girls named Joan, & to his other daughter
Ann, the other Negroe Girl called Juda, and all that came from Them.
And that when the said John Jenkins came down with the Plaintiff
Franklin Perry to get out the License, They lodged at the House of
Abraham Barnes, when the above John Jenkins told the said Sarah
Barnes, that he had given his Daughter Betty possession of her Negroe
Girl Joan, and that She was to go live with his Daughter and Franklin
Perry as soon as they were married, upon which the said Sarah Barnes
made answer that as He, John Jenkins had given Franklin Perry a
Negroe Girl, She would give him the said Franklin a young Cow &
Calf, a ewe and Lamb and a Sow & Piggs. The above Franklin Perry
afterwards married the said Elizabeth Jenkins, and lived at a Quarter
of Abraham Barnes, and She further deposeth that the said Negroe Girl
Joan was in the Possession of and lived at the said Abraham Barnes'
Quarter, with the said Franklin Perry and Elizabeth his Wife and
further She saith not.
Sarah
Barnes Sworn to before us this 28th Day of June 1779... Daniel
McCarty, Martin Cockburn.
The
Deposition of Nicholas Garrett aged about 57 year in suit Franklin
Perry v. William Kitchen....
He
was a neighbor to John Jenkins and was acquainted in the family for
several years past and that the Complainant Franklin Perry acted as
an overseer for the said Jenkins. And being asked by the Defendant
William Kitchen whether the Complainant had in his possession a
certain Negroe girl by the name of Jone, answered that he does not
know that he had her only as an overseer for the said Jenkins. And
the defendant further saith that he believes the said Jone to be the
mother of Fan who is claimed by the complainant Perry. And this
disponent further saith that he heard John Jenkins in his lifetime
say that as the Complainant had had the [illegible]
of his estate that he would take care that he should not be the
better of anything that could be kept of him after his death. This
deponent further saith that he heard the said Jenkins say that the
Complainant Perry had gone over to Maryland in George Town and had
contracted a debt which obliged him to sell the said Fan in order to
discharge it. And further saith not.
Nicholas
Garrett... Fairfax County - Sworn before us this 3rd day of April
1780. Charles Broadwater.
The
Deposition of Mary Garrett of Lawful age.
She
was well acquainted with Mr. Jenkins' family and never heard that
Franklin Perry had in his possession a Negroe woman Jone and her
daughter Fan and that Mr. Franklin Perry only acted as an overseer
for the said Jenkins and the deponent saith that she never heard that
Franklin Perry even claimed a right to either of the said Negroes
till after the death of the said Jenkins. And further saith not.
Mary [X]
Garrett. 3
April 1780....
The
Deposition of James Jenkins about 74 years.
He
was at his brothers John Jenkins on the day that the complainant
Perry was married to his wife and never heard that the complainant
Perry claimed any of his brother's Negroes, till several years after
he this deponant informed the said Perry that his father in law John
Jenkins intended to sell a certain Negroe girl of the name of Fan, on
which Perry replied that he should not, but never told this deponent
what right or title he claimed to the said girl. And the said James
Jenkins further saith that he informed his brother of Perry's answer
and the said John Jenkins told this deponent that he never had given
any one Negroe to Perry and that if he thought fit, would sell the
whole without asking of Perry's leave, and that the said Perry had
gone over to Rock Creek to one Peter's store and had contracted a
Debt which obliged him to sell the said Fan in order to discharge it
and this deponent further saith that he never knew the Complainant
Perry had any of his brothers Negroes in his possession as his
property only as an overseer for his brother where he acted as such
for several years. And further saith not.
James [J]
Jenkins 3
April 1780.
The
Deposition of Martha Jenkins aged about 70.
She
hapned at the house of John Jenkins to see Mrs. Jenkins who was very
ill at that time which was about 15 years past and soon after John
Jenkins came into the room where his wife lay and she asked him to
give Jone to his daughter Elizabeth and Judy to his other daughter
Anne which he promised to do, and this deponent further saith that
Mr. Sampson Turley was called on to write a Deed for that purpose and
the said Turley went to writing but this deponent went away before he
had completed it and this deponent further saith not.
Martha
[X]
Jenkins 3 April 1780 Fairfax County before Charles Broadwater and
Thomas Pollard.
We
find for the Defendant...." |