"The Long Way Home" part 4

They entered the handsomely furnished law office and were greeted warmly by Mr. Woodfin and his associates. The clerk offered coffee while they waited, and once it had been served, he placed the first claim document on the small round table. While Mr. Woodfin attended to another client, William took up the document and began to read aloud. The claim was titled: Phoebe Johnson and William West and Wife Nancy vs. Martin A. Gash, Administrator, and Sallie Jordan. He proceeded to read the body of the claim.

"To the Court of Pleas and Quarter Sessions at the Courthouse in Hendersonville, on Monday, the 8th day of September, 1843. Phoebe Johnson, widow and relict of Reuben Johnson, presents to the Court a petition in the following letters and figures.

To the Worshipful Justices of the County Court of Pleas and Quarter Sessions for Henderson County: The petition of Phoebe Johnson, widow and relict of Reuben Johnson, deceased, late of Henderson County aforesaid, respectfully represents unto your Worships that her said husband, Reuben Johnson, departed this life intestate on or about the 24th day of June, 1843—or at least intestate so far as your petitioner is concerned—and made no provision for your petitioner, but left a large real and personal estate in said County.

Your petitioner would further represent unto your Worships that Martin A. Gash has been appointed by this Worshipful Court as administrator of the estate of said Reuben Johnson, deceased. Your petitioner further represents that the estate of the said intestate consists of three tracts of land, approximately eleven enslaved persons, and considerable livestock and provisions. May it therefore please your Worships to grant unto your petitioner the necessary order, directed to a Justice of the Peace, appointing three free adults unconnected with your petitioner, to view the estate of said intestate and set apart such portion of the livestock and provisions as may be necessary and adequate for the support of your petitioner for the space of one year; and that they make due return of their report to this Worshipful Court at the next term to be held for the County of Henderson at the Courthouse in Hendersonville on the fourth Monday in December next. And your petitioner, as is duty bound, will ever pray.

Signed: Francis Woodfin, Esquire, Attorney for the Petitioners."

As William read, Mr. Woodfin made his way to the table and inquired whether the document had adequately conveyed their intentions. Phoebe was satisfied with it. She had already weighed the consequences of a prolonged contest with the Jordans, who held all of Reuben's assets while she had almost nothing. This was, of course, only the first step. She had hoped to begin submitting documents to the court to reclaim her dower rights and her children's rightful inheritance. Patience had never been among her virtues—yet she had waited more than forty years; a few months more would have to be endured. All parties gave their consent. The next expected development was the defendants' answer, which Mr. Woodfin anticipated would be drafted and filed without delay. Even if Phoebe's claim had not yet been granted, the assets of Reuben's estate could not be distributed until the estate had been inventoried and the court had determined the rightful heirs. Mr. Woodfin advised them to remain in town for the remainder of the week so that they might review the defendants' answer together, develop a strategy, establish the timing of court pleadings and required appearances, and identify the parties for whom subpoenas would need to be issued for depositions and affidavits.

Leaving the attorney's office, they set aside thoughts of the potential inheritance and resolved to enjoy what Hendersonville had to offer. They would wait a few days before venturing out of town to visit old friends. Phoebe had considered returning to Buncombe County, where she and Reuben had once lived along the Swannanoa River, but ultimately decided it was wiser to rest—both body and mind—in preparation for the business ahead.

Fewer than three days had passed when Mr. Woodfin sent a messenger to the lodge requesting that they return to his office at their earliest convenience, and preferably the following morning. Phoebe felt her anxiety return, her mind once again turning over possibilities. She was curious—and apprehensive—about how the defendants would respond to her complaint. She did not expect the answer to be favorable.

Phoebe had not slept well, though the intervening days had been pleasant and restful. The mountain nights carried a welcome chill, but it was the mornings she cherished most. She would sit on the front porch of the lodge, hands wrapped around a steaming cup of coffee, savoring the quiet stillness before the town stirred to life. As soon as William and Nancy were ready, they would make the short walk to Mr. Woodfin's office to learn the position the defendants intended to take in opposing her claim. Even if their motion were granted, the defendants could not access any of Reuben's assets for at least a year—and the travel required to conduct depositions would consume much of that time in any case.

They made their way once more to Mr. Woodfin's office and were again received warmly. He was prepared for them and wasted no time in taking his seat and reading the defendants' response aloud.

"Martin A. Gash, administrator of the estate of Reuben Johnson, deceased, came into court and states that the petition filed in this Court by Phoebe Johnson—or some person representing herself by that name—praying that a year's allowance be granted to her, should be dismissed, and that the prayer thereof should not be allowed.

First: because she is not the wife of said Reuben Johnson, deceased.

Secondly: that the said Reuben Johnson made and published a Last Will and Testament in which he disposed of all of his real and personal property, and that said Will and Testament is the subject of an issue now pending before this Court.

Thirdly: that the said Reuben Johnson received a woman on or about the year 1822 by the name of Sarah Jordan, who is now living and claims to be his lawful wife, widow, and relict.

Fourthly: that in this Court, the said Phoebe should be required to prove that she was ever lawfully married to the said Johnson, deceased. The defendant further alleges that many years prior to the last marriage of the said Johnson, she eloped from him, lived in adultery, bore several children, and had not been heard from for twenty years preceding said last marriage."

I hope to post again soon. The story continues to grow more compelling—or, at the very least, more intriguing. Thank you for your patience. The depositions will be presented shortly; however, as I have noted previously, transcribing nineteenth-century cursive handwriting is a time-consuming endeavor. Please take care and stay safe. I hope you are enjoying the story.