Stanton Haymons and Susan G. Haymans his wife, who resided in Liberty County, petitioned Liberty County Superior Court, in chambers and sitting in equity, to force Richard Clark and John Clark, executors of Nicholas J. Clark, to deliver Susan G. Haymans’ portion of the Clark estate to her.
Stanton and Susan G. Haymons stated that Elias Perry of Bryan County, had died intestate on March 1, 1853, and that he had property valued at about $13,000 when he died and left children, heirs and distributees, with Susan G. Haymons being his granddaughter. She stated that her mother (name not given) had died prior to Perry and that Susan was her only surviving child.
According to the petition, when Elias Perry’s estate in Bryan County was divided into nine equal portions on February 8, 1854, each valued at about $1483, Nicholas J. Clark, Susan’s father and natural guardian, took possession of her share, which consisted of “the folllowing property to wit: Peter a negro man valued at the time of said division at nine hundred dollars Lizetta a negro girl valued at three hundred dollars, Maria a negro girl valued at two hundred and fifty dollars and [also] thirty three dollars.” She stated that he [Clark] had erroneously supposed that the property belonged to him as the representative of his deceased wife, and that he also kept a sum of money, $165, also thinking it belonged to him.
When he died [date not specified], he had a will and his will was proved in the Court of Ordinary in Bryan County by Richard Clark of Bryan County and John Clark of Liberty County, and they became the executors and took possession of his estate. Stanton and Susan G. Haymons also stated that after Nicholas J. Clark had taken possession of what he believed to be his share of Elias Perry’s estate, he had exchanged Peter for “a negro man named Aaron who is now in the possession of the said Executors of Nicholas J. Clark and one hundred and seventy five dollars.” In the 2d item of Nicholas J. Clark’s will, the Haymons said, he left “unto my daughter Susan G. Clark a child of my former wife, a child’s portion of my estate, both real and [personal] and that I may be possessed at my death and that child’s part shall be taken off my estate, as soon as my executors may find convenient and placed in the hands of my brother John Clark as her guardian provided she be not married.”
The Haymons said that they had at various times asked Richard and John Clark, as executors, to deliver her portion to her, but they had not complied “combining and confederating together to and with divers other persons as yet unknown.” They asked the court to compel the executors to deliver to them Aaron, Lizetta and Maria “together with their hire and increase from the time they came into the possession of the said testator.”
Judge Fleming issued an order on March 15, 1859, to compel Richard and John Clark to testify. In their testimony, dated April 19, 1859, they agreed to the basic facts, adding that Elias Perry had died in 1850. They said they would have turned over Susan Haymons’ portion of Nicholas J. Clark’s estate except for her claim that she was also owed the portion Clark received from Perry’s estate, as they felt that claim needed to be adjudicated first. They denied any confederacy with other people. Recorded on February 25, 1860 in Liberty County Superior Court. [Verdict not included]
Recorded in Liberty County Superior Court on February 25, 1860.
Source: Superior Court proceedings, Vol. 6, 1855-1864, Liberty County, Georgia, pp 389-95; database with images, “Liberty County Superior Court Proceedings, Vols 6-7 1855-1885,” FamilySearch https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3H3-79JQ : accessed 13 Oct 2022), Family History Library Film 175262 (DGS 008628086), images 223-6 of 702.