"The Long Way Home" part 4

They entered the nicely furnished law office and were greeted warmly by Mr. Woodfin and his associates. The clerk offered them coffee while they were waiting on Mr. Woodfin. Once the coffee was served, the clerk laid the first claim on the small round table. While they were waiting on Mr. Woodfin to get a document ready for his second client of the day. William picked up the document and began to read aloud. The claim was titled, Phoebe Johnson and William West and wife, Nancy vs. Martin A. Gash adm. and Sally Jordon. He began to read the body of the claim.

"To the Court of Pleas at the Courthouse Hendersonville on Monday, September 8th 1843. Phoebe Johnson Widow and relief of Reuben Johnson presents to the court a petition in letters and figures.

To the worshipful the Justices of said County Court and Pleas and Quarterly Sessions for Henderson County, the petition of Phoebe Johnson widow and relief of the Reuben Johnson deceased late of Henderson County aforesaid, respectfully represents unto your worships that the said husband Ruben Johnson departed this life intestate on or before 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 worship that Martin A. Gash has been appointed by this worshipful court, administrator of said estate of said Reuben Johnson deceased. Your Petitioner further represents to your worships the deceased estate of the said Interstate consists of three tracks of land about 11 Negroes and much stock and provisions. May it therefore, please your worships to grant unto your petitioner the necessary paperwork to be directed to a Justice of the Peace send three free adults unconnected with your petitioner commencing there to view the estate of said interstate and set such part of the live stock 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 all the same to this worshipful court at the next court to be held for the said County of Henderson at the courthouse in Hendersonville on the 4th Monday in December next and your petitioner as is duty-bound Will ever prayed. Signed Francis Woodfin Esquire, Atty's for the petitioners."

As William was reading Mr. Woodfin had made his way to the table and asked if he had adequately conveyed their desire. Phoebe was happy with the document because she had already considered the consequences of a battle with the Jordans when they had all of Reuben's assets and Phoebe had almost nothing. Obviously, this was step one. However, she had hoped to begin submitted documents to the court to regain her dowry and her children's rightful inheritance. Patience was not one of her virtues but she had waited over 40 years, what is a few more months at this point. All of the impacted parties gave their consent. The next item expected was the answer from the defendants. Mrl. Woodfin expected that document to be drawn up rather hastily and filed. Even though Phoebe's claim had not been granted, the assets of Reuben's estate could not be distrubeted until it was inventoried and the court decided upon the rightful heirs. Mr. Woodfin recommended that they remain in town for the reminder of the week in order to take a look at the defendants answer to her claim so that they could meet and come up with a strategy as well as the timing of the court pleadings and required appearances as well as submitting the parties for whom subpoenas need to be issued for depositions and affidavits.

Leaving the attorney's office, they tried to put the possibilities of the joys of inheriting a small fortune and decided to enjoy the excitement that Hendersonville had to offer. They would wait a few days before going out of town to visit long-time friends. Phoebe had thought about revisiting Buncombe County where she and Reuben had lived on the Swannanoa River but decided to just rest her body and hopefully her mind for the upcoming business.

It was not but three days until Mr. Woodfin had sent a messenger to the lodge asking them to come back to his office soon, and preferably tomorrow morning. Phoebe was a bit anxious again and her mind was racing. She was curious as to how that they would answer her complaint. She assumed that it would not be very complimentary.

Again, Phoebe had not slept very well but thankfully, the days since their last trip had been pleasant and restful. The weather was a little chilly in the mountains at night but the mornings were her favorite. She would just sit on the front porch of the lodge with her steaming coffee just enjoying the pleasantness of the morning and the stillness before the town became active with the business of the day. As soon as William and Nancy were ready, they would take the short walk over to Mr.Woodfin's office and get a glimpse of what of the position on which the defendants would try to block her claim. Even if they were successful, if this motion was granted, they they could not enjoy any of Reuben's assets for at least a year. Due to the travel time between destinations to take depositions would take up that first year fairly quickly.

Again, they made the walk over to Mr. Woodfin's office and again were greeted warmly. Mr. Woodfin was ready for them today and sat down with the defendant's response and began to read.

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

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

Secondly, that the said Reuben Johnson made and published a Last Will and Testament in which he divided all of his Real and personal property and that the said Will and Testament has been covered in an issue made upon said Court which is now pending.

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

Fourthly, that in the court that this said Phoebe should prove that she was ever married to the said Johnson deceased. The defendant renews and do alleges that many years before the last marriage of the said Johnson, that she eloped from him and lived in adultery and had several children and not been heard from for 20 years previously to the last marriage."

I hope to post again soon. The story just keeps getting "better" or maybe just more interesting. Thanks for your patience. The depositions will start soon but as I am sure that I mentioned earlier, transcribing 1840's cursive handwriting is time consuming. Take care, stay safe and I hope that you enjoy!!