Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
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Deposition of witnesses produced, sworn & examin
ed at the Tavern House in the City of VicksburgCity of Vicksburg & the
County of WarrenCounty of Warren & State of mississippi, known as "Chil
drens Hotelâ & recently kept by Glidewell, before me, Miles
C. Folks, mayor or said City of VicksburgCity of Vicksburg & the ex officio
Notary public & justice of the Peace, in a certain cause
now pending in the Circuit CourtCircuit Court for the county of
St. LouisSt Louis, State of MissouriMissouri, on its chancery side
between Preston, Braxton & others, plaintiff and
George W. CoonsGeorge W Coons administrator & of MiltonMilton Duty
decd, on the part of the plaintiffs.

W. C. SmedesSmedes of lawful age, being produced
sworn & examined, on the part of the plaintiff
deposeth & follow:

I was acquainted with MiltonMilton Duty in his life
time, sometime in the year 1836.
I think, I wrote
his will, whereby he manumitted his negroes & if,
I recollect aright appointed Judge Jon. J. Guion of
This place his executor: afterwards, myself & Mr.
J. A. Marshall united with Judge GuionGuion in the
practice of the law & M - Duty, I think in person,
put into the hands of Guion Smedes & Marshall
for collection, a note made by John Henderson H.
dated I think July, 23. 1837 - for $3227.67; Be
fore we bought suit upon this claim, M Duty
died, & Mr. HenryHenry Fernandis of this county
who also is now dead, took out letters of ad
ministration of the goods of M. Milton Duty
& the suit was bought by us in his name as
administator & on the 8th day of May, 1839
we obtained judge in Jno. Henderson for about
$3797.16 M. WilliamWilliam Henderson, was not

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a citizen of this State but the record shows a judgment
against him also: An Execution issued upon - this judge
ment in favor of HenryHenry Fernandis, The adminis
trator in M. Duty, against John Henderson to the
November Term 1839 of the Circuit Court of this
County, warren, upon which Execution was endor
sed by the administrator an order to stay
the Execution until further orders from him & it he
stood so ever since: This judgement so far as I
know is yet unsatisfied & no attempts in my
knowledge have been made to collect it, since the
just execution stayed, as above Stated by W. Fer

W. C. SmedesSmedes