Amongst the many documents in the lawsuit of F.A. Bryant et al (the children of Elizabeth Lewis and Green B. Babb) against John Fitzpatrick et al (their step-mother), is this deposition of Joel D. Lewis of Wayne County, Missouri - formerly of Jackson County, Alabama. The value of this document is that it establishes Joel D. Lewis as the son of John D. Lewis and as the brother of Elizabeth (Lewis) Babb.
This is from file #241 in the Estate Settlement Dispute between F.A. Bryant et al vs. John Fitzpatrick et al in McNairy County, Tennessee, 1871.
F.A.
Bryant Et als } In
the chancery
Vs.
} Court
McNairy
John
Fitspatrick Et als } County, Tennessee
Interogatories
to be propounded
to
Joel D. Lewis before E P Settee Clerk
of
the County Court of Wayne County
Missouri
at his office in Said county
In
the cause of F.A. Bryant Et als
vs
John Fitzpatrick Et als in behalf
of
Complaniants
Int
1 Were you acquainted with John D.
Lewis Ded
And
G. B. Babb & Elizabeth Babb his wife
formerly
Elizabeth Lewis. All late of
McNairy
County Tennessee if So State
What
relation you sustained to each of
Said
parties. Yes was acquainted with Joh Lewis
John
Lewis was my Father. Elizabeth Babb was my sister and
G
B Babb was my brother in Law
Int
2 Was or not said Elizabeth the daughter
of
Said John D Lewis deceased. Yes She
was
my sister.
Int
3 Did Said John D. Lewis prior to his
death
Make and execute his last will
and
testament. Who was appointed ex-
ecutors
of Said will. Was the Same
proven
and recorded. Yes he made his last will
and
testament. Henry Lewis, Jane Lewis & Deponent was appoints
his
executors. The same was proved and recorded.
Int
4 Did you with the others executors
administer
And
Settle the estate of Said deceased
In
accordance with the provisions of Said
Will.
– Yes
Int
5 Was or not the portions of Said
Eizabeth
Babb
in her fathers estate willed to her
Sole
Separate use and to her children at
her
death. If So State particularly that
portion
of the will. Was willed to her and
heir
heirs
Int
6 Were You present at the Sale of the lands
Of
Said deceased in McNairy County,
if
So did G.B. Babb purchase any of Said
lands,
and did he perchase in his own
right
or as agent of his wife. State how
the
lands he purchased were Settled for,
Was
not as the Sale. G B Babb told me that he bought
The
Land for his wife Elizabeth Babb, was settled for out of her
part
of the Estate.
Int
7 Were the lands Sold for the purpose of partition
and
derision amongst the heirs & legatees or
for
the payment of debts? Sold for partition
and
distribution and not for payment of debts
Int
8 Did or Not G.B. Babb pay any money
for
the land purchased by him at the Sale.
State
particularly how it was Settled?
G
B Babb did not pay anything for the Land
It was
Settled
for out of his wifes interest in the Estate
Int
9 Was or not the personal property belonging
to
the estate of Said John D. Lewis Decd
Sufficient
to pay his debts. and was not his debts
paid
out of the proceeds of his personal property.
Personal
property was sufficient to pay all of his
Debts
and all of this debts were paid out of the
money
on hand at his death.
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