Preston and Others v. George W. Coons, Administrator of the Estate of Milton Duty, et al.
View original image: Page  019
[missing figure]

County of St. LouisCounty of St LouisSct.
The State of MissouriMissouri

To GeorgeGeorge W Coons W. CoonsGeorge W Coons administrator of
the estate of MiltonMilton Duty decd.,, your agents and attorneys
and to the sheriff of the County of St. LouisCounty of St Louis Greeting;
Whereas it has been represented to our Honorable Judge
of the Circuit CourtCircuit Court for St. Louis County sitting as a
Court of chancery, on behalf of preston, BraxtonBraxton , MaryMary ,
NatNat , Beverly, JesseJesse , JordanJordan , MadisonMadison , MalindaMalinda , Leany, ClarissaClarissa ,
CarolinaCarolina , JacksonJackson and MaryMary infants under the
age of twenty one years who sue by BraxtonBraxton their father
and next friend, HowardHoward and JamesJames infants who sue by
MalindaMalinda their mother and next friend, LewisLewis and MargaretMargaret , minors who sue by Seany their mother and next
friend, AnnElizaEliza and Beverly minors who sue by ClarissaClarissa
their mother and next friend, LucyLucy EllenEllen a minor
who sues by CarolineCaroline her mother and next friend, NellyNelly ,
LucyLucy , LydiaLydia and HarrisonHarrison , Henderson and HarryHarry minors
who sue by PrestonPreston their next friend - that they being the
slaves of one MiltonMilton Duty of WarrenWarren County CountyWarren County , MississippiMississippi,
were in March 1837 removed by him from MississippiMississippi
to the City of St. LouisCity of St Louis MissouriMissouri where he hired out
such of them as were in a condition to be hired out, and
continued to reside, until the day of August 1838, when
he died; that on the 26th day of October 1836 said Duty
made & published his last will and testament which
was proved before the Probate Court of Warren CountyWarren County Mississippi
on the 26th November 1838 and admitted to record
that John J Guion & David D Gibson that executors named
in said will having refused or neglected to qualify
as such, at the January term of said Court 1839HenryHenry
Fernandis was appointed administrator and qualified as such according to law; that by reference to said will

View original image: Page  020
[missing figure]
it will be perceived that 1st all the personal estate of
their testator except that therein affterwards otherwise disposed
of should be appropriated to the payment of his debto
2rd. That if such estate was found insufficient for that
, then certain slaves therein named were to be old
to pay off the remainder (the slaves here referred to and
some others were sold by then testator before he removed
from the State of MississippiMississippi) 3d. That all of said
orators and oratrices not otherwise disposed of and belonging
to him on the day of his death should be free and
and sent to missouri. This last clause was
carried into effect by the testator himself as herein before
stated. The only specific made by aid will are
1st The sum of $500 to a certain anderson - 2d.
a gold watch and chair and the apparel of
said Duty on hand at the time of his death to the said
PrestonPreston - 3d. all the remainder of his personal estate to
he distributed as follows. 1 $ 1000 to the above named
May 2d. The remainder if any to be equally divided
between said Peston and Braxtn; that a short time
after said Duty arrived in St. LouisSt Louis has became
with a certain David CoonsDavid Coons and made him his financial
agent, paid into his hands all money arising
from the of the said orators and oratrices as he
received it also money from other sources, only retaining
a much as was nec essary for the payment of
his ordinary expences which were inconiderable; that
he engaged in the pork business, he sometimes
dress upon said David CoonsDavid Coons for money until
became to said Corn in between $3000 and $4000
for which, or the greater part thereof, he executed to
DavidDavid his notes or due bills, with the understanding