Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
View original image: Page  011
[missing figure]

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

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

There are other claims which they are informed are about
to be for allowance against the estate of this
testator which amount to the sum of $1877. of which

View original image: Page  012
[missing figure]
sum a certain RobertRobert Strong claims $1300 the amount of
a final bond purporting to be executed by this testator and
a certain Johnson Allen on the 12th January 1838 conditioned
that the said Duty would deliver to the said Strong a
negro man between the age of 18 and 25 and sound in body
and mind on the 1st of Nov: 1839 in LouisianaLouisiana opposite
, and also the sum of $90 the amount of a note purporting
to be executed by this testator to the said Strong dated
on the 12th January 1838 conditions
that the said Duty would deliver to the said Strong a likely
man between the age of 18 and 25 and sound in body
and mind on the 1st Nov. 1839.


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

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