[John M. Gwin Note:
Following is my attempt to transcribe a photocopy of an original
handwritten court document sent to me by Barbara Smith, widow of
my late cousin Roy Lester Smith. The document appears to be
what we today call a deposition--i.e., a session where a lawyer swears-in
and interrogates a person before a court reporter in order to produce a
sworn, written statement. I have attempted to not edit it
in any way except to boldface names as they appear. The title shown here
in red appears on the back of the first page; the first two lines thereof
appear to me to have been added at a later time, perhaps even by Roy Smith.
Actual signatures in the original document appear below in 18-point
boldfaced Italics.]
-- A
B S T R A C T --
Nathaniel Burdine Wilson of Dallas
Co., AL, has died. He had lived with his son, Isham Griffin Wilson,
M.D., the last five years of his life, leaving a total debt of over
$300. Joseph F. John, administrator of the NB Wilson estate,
has petitioned Probate Judge Joe Gothard to liquidate the estate
to pay the debt. The judge commissions John Barron Phillips, Esq.,
to produce a deposition. But the sworn testimony of the witnesses
(Mr. John and Dr. Wilson) is that there is nothing left in
the estate with which to pay any part of any debt.
--John M. Gwin
File #65
Dallas County Court House
Published by Order of Court
January 10, 1876
Joseph Gothard, Judge
State of Alabama} In Probate Court
County of Dallas} of Dallas County
In the matter of the petition of Joseph
F. John as Admr. of N.B.Wilson decd
to sell lands of said Estate to pay debts.
By virtue of the commission hereto
attached issued from the office of the Probate Judge for the county of
Dallas State of Alabama I John Barron Phillips the commissioner
therein named have called and caused to come before me the said Jos
F. John and Isham G. Wilson the witnesses
named in said commission on this the 6th day of Jan. ___ office of Phillips
& Mallory of Selma Ala and having sworn said witnesses to tell
the truth the whole truth & nothing but the truth they answered as
follows
X Int 1st
I did not know Nathaniel Wilson in his life time nor where he lived
nor at whose house he died but my information is that he died at his sons
house in Dallas County Ala.
I do not know of any personal property
belonging to his Estate none come into my possession as administrator nor
any money or any other species of personal property whatsoever
J.F.John
Answers to Cross Interrogatores
X Int One claim has been presented
to me as administrator of about two hundred and ninety five dollars for
attentions during his last illness including his doctors bill and funeral
expenses said claim is in favor of Dr. Isham G. Wilson and was due
at the date of Mr. Nathaniel Wilson's death.
He left no personal property that
I have any knowledge of or that has come into my possession.
I do not know of any fact or facts
that will tend to show that the personal property is sufficient to pay
the debts of the estate or any part of them. J.F.John
Isham
G. Wilson being duly sworn on oath says to 1st
Int
X Int 1st
I knew Nathaniel Wilson in his life time. He lived five years prior
to his death with me & died there. I live in Dallas County Ala.
There is no personal property, no
money, no notes, or bills of exchange or solvent credits he left no watch
horses mules or cattle. He left no personal property
Answers to Cross Interrogatores
X Int 1st
The debt due me at the time of his
death and since for burial expenses for the sum of about two hundred &
ninety five dollars and a claim in favor of William N. Wilson for
twenty five dollars with interest for about five or six years
He left no personal property.
I cannot state any fact or facts that will show or tend to show that the
personal property of the Estate of said decedent is sufficient to satisfy
the debts against the Estate.
Isham G. Wilson
I John Barron Phillips one of the commissioners named
do hereby certify that the foregoing testimony & answers taken down
and written by me in the words of the witnesses J. F. John &
Isham
G. Wilson were read over to them that they assented, swore to &
subscribed thereto in my presence at the time & place herein mentioned
that we have personal knowledge of the personal identity of said witnesses
that we are not of counsel or kin to either of the parties to said cause
nor interested in the event thereof.
John Barron Phillips
(seal)
Given under my hand & seal as [comes?] this the 6th of
January 1876
John Barron Phillips
(seal)