NameCatherine B. “Caty” Allen
Deathabt Jul 1839
Documentation
Caty Allen was mentioned in the 22 September 1800 will of her father Thomas Allen. [Essex County, Virginia, Will Book 16, pages 49–50.]
Caty Allen was mentioned in the 25 October 1822 will of her brother, Thomas Allen, proved 16 December 1822. She was to receive all his estate during her life, and was named executrix. [Essex County, Virginia, Will Book 19, page 347.]
On 16 December 1822, Caty Allen, Washington H. Purkins and Thomas Pilcher were bound in the penalty of $2,400 for Caty Allen’s executrixship of the estate of Thomas Allen. [Essex County, Virginia, Will Book 19, pages 347–348.]
The estate of Thomas Allen, deceased, in account with Cath: B. Allen, executrix, from 1822 to 1827 was settled on 19 February 1827 by Was: H: Purkins. [Essex County, Virginia, Will Book 21, pages 104–105.]
On 21 August 1839, Washington H. Purkins, William A. Wright, and James Roy Micou Jr. were bound in the penalty of $8,000 for Washington H. Purkins being appointed to collect and preserve the goods, chattels and credits of Caty B. Allen, deceased, during the contest about her Will & Testament. [Essex County, Virginia, Will Book 24, pages 406–407.]
In an undated petition, Washington H Purkins administrator with the will annexed of Caty B Allen decd shews that on or about 29 May 1838, James Wm Banks a nephew of the testatrix was confined in jail in the County of Essex indicted and charged with felony. Washington H Purkins secured his bail, and James Wm Banks is now gone. [Essex County, Virginia, Box Chancery No. 48, item 48-J-23.]
The will of Caty B Allen was dated 11 October 1823. I lend to Thomas Allen Banks one Negro Boy named John during his life, and if he has no children then Boy John should be sold, the money arising from the sale to be equally dividied between the surviving children of William Banks, which he had by my Sister Lucy. I lend to Elizabeth Allen Banks one negro Girl named Easter, and her future Increase, but if she dies without heirs then Girl Easter to be sold and the money arising from the sale to be equally divided between the surviving children of William Banks, which he had by my Sister Lucy. I lend to James William Banks one Negro Boy named Lewis, with same arrangement. I lend to Lucy Catharine Banks all the remainder part of my estate of every kind and all my interest in my Father Thomas Allens Estate which is now in possession of my mother Elizabeth B Allen, with same arrangement. Signed Caty B Allen. Witnesses: William Morgan, John Coalmon. N.B. I Nominate and appoint my friends Washington Purkins and Thomas Pilcher executors. On 21 August 1839, This Writing purporting to be the last Will and Testament of Caty B Allen decd. (who died without Children) is brought into Court and offered for proof by Thomas A Banks, Elizabeth Banks, James William Banks and Lucy Banks who appear by George W Purkins their attorney, and the proof and recordation of the said writing being contested by James Allen, Elizabeth B Allen and James Owen and Mary his wife who appear by William A Wright and George Wright their attorneys, the said Banks’s being neices and nephews of the said Testatrix, and the said James Allen and Mary Owen being a brother and sister of the textatrix, and the said Elizabeth B. being the mother of the said Testatrix, and by agreement of the parties the proof of the said writing is continued until the next Court. On 21 October 1839, it is suggested that Mary Owen the Wife of James Owen one of the parties contesting the same is dead, thereupon the proof of the said writing is continued. On the motion of Thomas A Banks, Elizabeth Banks, James William Banks and Lucy Banks, It is ordered that Richard Losson and John M Gayle be summoned to appear here on the first day of the next Court, to shew cause if any thing they can why they should not be fined for their contempt in failing to attend here on this day as Witnesses in their behalf. On 19 November 1839, ordered continued to the next Court. On 16 December 1839, ordered continued to the next court. On 20 January 1840, ordered continued to the next Court. On 17 March 1840, it is suggested that Elizabeth B Allen one of the parties opposing the proof is dead. On 20 April 1840, it is ordered that this contest be revived against Thomas Pitts late Sheriff of this County and Committee of the Estate of Mary Owen decd and against James Owen admor of Elizabeth B Allen decd the Scire faciases against them being returned executed And on the further motion of the said parties, leave was given them to take the depositions of Richard B K Lawson and John M Harwood two of their Witnesses before any Justice of the peace to be read upon the trial of the said contested will. On 21 September 1840, upon divers Witnesses being sworn and examined proving the hand writing of the said Caty B Allen decd the Testatrix, and also the hand writing of William Morgan and Johhn Coalmon the Subscribing Witnesses, the will is ordered to be recorded. [Essex County, Virginia, Will Book 24, pages 508–511.]
On 21 September 1840, Washington H. Purkins, Muscoe Garnett and Richard L. Covington were bound in the penalty of $3,000 for Washington H. Purkins’s administration with the will annexed of Caty B Allen, deceased. [Essex County, Virginia, Will Book 24, pages 511–512.]
In the early 1840s, orators and oratrices Washington H. Purkins administrator with the will annexed of Caty B. Allen deceased, Peter J. Derieux Sheriff of Essex County and Committee Administrator of Barbara Bohannon deceased and also as administrator de bonis non of Thomas Allen decd, Austin Brockenbrough late Sheriff of Essex County and Committee administrator of Addison Allen decd, James Allen admor of Elizabeth B. Allen decd, Mary Owen, Cordelia A. Owen, and Willy Ann Owen infants under 21 who sue by James Owen their father and next friend, James Durham and Elizabeth A. his wife who was Elizabeth A. Banks, Lucy C. Banks, Achilles Lumpkins, James Wright, Jonathan Hart and Mary his wife who was Mary Allen, Thomas J. G. B. Allen, Elizabeth Allen, Pleasant T. Southall and Catharine his wife who was Catharine Allen, George W., John B., Susan A., and Augustus J. F. Allen, the last three infants under the age of 21 by James Allen their father and next friend complained to the Chancery Court. That Banks Allen died in 1813 intestate. His estate was divided to his mother Elizabeth B. Allen, Barbara a sister who married John Bohannon, a sister Lucy who married William Banks, a sister Polly who married James Owen, a sister Caty B. Allen and three brothers Thomas, Addison and James. Elizabeth B. Allen his mother died in ____. Barbara Bohannon died in 1815 and her estate was administered by Peter J. Derieux. Lucy Banks died in 1815 leaving a husband who has since died and four children: Elizabeth A. Durham, Lucy C. Banks, Thomas A. Banks and James W. Banks. Thomas A. Banks has been arrested as an insolvent debtor. James W. Banks has sold his interest to Achilles Lumpkin. Polly Owen died in 1835 leaving Mary C. Owen, Cordelia A. Owen and Willy Ann Owen her only children. James and Polly have conveyed their rights to William A. Wright. Caty B. Allen died in ____ testate and her estate is administered by Washington H. Purkins. Thomas Allen died leaving a last will and testament now administered by Peter J. Derieux. Addison died in ____ intestate and his estate is administered by Austin Brockenbrough. James Allen is living but by various deeds has conveyed his interest. [Essex County, Virginia, Box Chancery No. 40, item 40-F-24.]
In an undated petition, orator Washington H Purkins administrator with the will annexed of Caty B. Allen complained that on 25 October 1837 Caty B. Allen executed a bond to William T. Foster for $900. When the bond became due after twelve months Caty B. Allen refused payment on grounds that it had been given for illegal consideration. A suit was instituted, and then Caty B. Allen died. At that time a certain James W. Banks, a favorite nephew of Caty B. Allen, was in custody under prosecution for having stolen a negro, the property of Banks Allen. Foster had purchased the said negro and was attending court as a witness for the prosecution. Anxious to indemnify himself against all loss, and Caty B. Allen anxious to screen her nephew, Caty gave bond for the sale price of the negro with the understanding that Foster was not again to appear as a witness. [Essex County, Virginia, Box Chancery No. 49, item 49-B-31.]
On 22 June 1841, Walter Bowie made oath that at the time of the trial or expected trial of James W. Banks he was in attendance. He happened to go into the store of Geo H. Dobyns at Tappahannock where he found the late Caty B. Allen and a man whose name he heard was Foster in conversation about a bond of $900. He believes the bond was signed in his presence. That that was the price Foster had paid for a negro from James W. Banks. [Essex County, Virginia, Box Chancery No. 49, item 49-B-30.]
On 22 April 1842, Walter Bowie of legal age taken gave a deposition concerning Caty B. Allen:
The deposition of Walter Bowie of lawful age taken at his residence in Westmoreland County in the state of Virginia pursuant to notice, on Friday the 22nd day of April 1842, to be read as evidence in a cause depending and undetermined in the Circuit Superior Court of Law and Chancery for the County of Essex, in which Washington H Purkins admor with the will annexed of Caty B Allen decd is plaintiff, and William T. Foster is defendant—
The deponent being first duly sworn before Robert H Chowning a justice of the peace for the County of Westmoreland deposes, and says,
Question by plaintiffs counsel—Were you present on the 25th day of October 1837 when a bond was executed by Caty B Allen decd to William F. Foster? If yea—please state when it was—what was the amount of said bond—and any conversation that took place, either between you and Foster—or Foster and Caty B. Allen—or Foster and any one else in reference to the execution of said bond—
Answer—I was present at the time mentioned to wit: on the 25th day of October 1837—and saw Miss Caty B Allen sign a bond, and deliver it to William T. Foster, for the sum of nine hundred dollars—it was in the store house of George H Dobyns in Tappahannock, there was no conversation between Foster and myself; Miss Caty Allen asked him if he would he [sic] at the next Superior Court—and Mr Foster replied that he thought it very doubtful whether he should or not—
Question by defendants counsel—Did the conversation of which you have spoken take place between Caty B Allen and Foster, before or after the execution of the bond—
Answer—After—
2nd Question by same—Is this the sum of the conversation so far as you remember which occurred between Allen and Foster on that occasion—
Answer—It is—
Question by plaintiffs counsel—what did you understand from the tenor of the conversation that took place, and what was evidently the impression which seemed to be produced upon Miss Caty Allen’s mind?
Answer—The impression appeared to me to be made on the mind of Miss Caty Allen, that in consequence of Mr Fosters having received her bond for nine hundred dollars—that he Foster would not appear as a witness in a criminal prosecution then pending against her nephew—and such was my own impression—
Question by same—Was any thing said by Foster or in Fosters presence, about any other bond for nine hundred dollars which he held of Miss Caty B Allens?
Answer No—
3d Question by defendants counsel—Do you draw your inference as to the impression left on Caty Allen’s mind after Foster’s reply—that it was entirely doubtful whether he would be at the next term of Court simply from that reply?
Answer—No—
Question by pltff’s counsel—From what other circumstances do you infer it?
Answer—From the circumstances of her friends and the bystanders saying Foster had attained his object by taking her bond for the value of the negro—and would put himself to no further trouble
Question by same—At that time do you know any thing of a prosecution going on against James W Banks—and for what he was prosecuted?
Answer—I was in the Court house when he was undergoing his trial—charged I believe with stealing a negro—
Question by same—Do you know whether the negro which he was prosecuted for having stolen, was the one whose value it was alluded to at the time you have spoken of?
Answer—I was under that impression—
4th Question by defendants counsel—Do I understand you as saying that your idea as the impressions upon Miss Caty B Allen’s mind spoken of in your answer to the plaintifs [sic] third question, arose from Foster’s reply to Miss Caty B Allen together with the circumstances of her friends and the bystanders saying that Foster had attained his object and would not against appear?
Answer—Yes—
5th Question by Same—Have you ever heard since the time you first saw Foster any other conversation between Miss Allen and himself touching the subject?
Answer—No—
6th Question by same—Are you then or are you not prepared to say what the consideration of the bond spoken of from Allen to Foster was?
Answer—It was in consideration of the purchase money which Foster paid James W Banks for the negro which Banks was then being prosecuted for having stolen—
7th Question by same—You do not say then that Foster promised Allen not again to appear as witness in against Banks—or that any such promise formed any part of the consideration of said bond?
Answer—I do not say that Foster made Allen any such promise and it is more than I can say whether such promise formed any part of the consideration of said bond—
Question by plaintiffs counsel—Did Miss Allen receive any other consideration for said bond?
Answer—My impression is she did not—
5th Question by defendants counsel—Might not Miss Allen have been induced to execute this bond from the affection she cherished for Banks—and from a wish to save him from further prosecution by Foster himself?
Answer—Perhaps she might—
Question by plaintiffs counsel—Was such your impression at the time—that she executed the bond only on that account? That is—that the only consideration was her affection for her nephew & her wish to save him from further prosecution by Foster?
Answer—Yes such was my impression—
Question by same—Do you think that the prosecution meant was that then going on, or any criminal prosecution or was it a civil one?
Answer—I believe it was in order that the one there going one might be stopped—
9th Question by same—Has there ever been in your presence any agreement entered into between Miss Allen and Foster, other than the bond itself—
Answer—No—
And further this deponent saith not—
Walter Bowie
Sworn to and subscribed before me this 22nd day of April 1842.
Ro.H.Chowning J.P.
[Essex County, Virginia, Box Chancery No. 49, item 49-B-24.]
On 23 April 1842, George H. Dobyns and George Wright provided depositions in the case of Purkins vs Foster that in part concerned Caty B. Allen:
Deposition of George H. Dobyns taken pursuant to notice at T Matthews Tavern in Tappahannock on the 23rd April 1842 to be read as evidence in a suit depending in the Circuit Superior Court of Law and Chancery of Essex County wherein Washington H Purkins admor with the will annexed of Caty B. Allen decd is plaintiff and William T Foster is defendant—This deponent who is of lawful age having been duly sworn made the following answers to questions propounded to him
Question by the Defts counsel
Please state what you may have heard Caty B Allen in her life time say in relation to the bond which she executed to the Defendant amounting to $900.
Answer
Previous to the death of Caty B Allen she called on me to borrow money to pay a bond she had given to a Mr Foster. She stated the bond was in the hands of Mr Baylor, that he Baylor had sent [illegible] she would be sued if the bond was not paid—I asked her what induced her to give the bond. She said she was in so much trouble at the time she did not know what she did do. I asked her if Mr Foster made her any promises at the time she executed the bond, she said none, except that he Foster expected soon to visit New Orleans that if she would give her bond for the amount he paid Mr Banks for a negroe—Foster would try and collect the money which Banks stated he loand to a man who had gone there—
Question by plaintiffs counsel—Will you state whether you know that the bond you have spoken of was the only bond which Caty B Allen executed to Foster—
Answer—
I do not know
Question by same—Do you know, or will you say whether Caty B Allen at the time spoken of said that the promise made her by Foster was the only consideration of the said bond—
Answer
She did not state to me that she had recd valuable consideration for the bond given, from which I could learn from her she was under the impression it would benefit Mr Banks
Question by same Do you know what was the situation of said Banks at that time, and state any other circumstances connected therewith which she thought could be benefited to him by her giving said bond?
Answer
the said Mr Banks was at the time confined in the county jail of Essex under the charge of stealing a negroe man—She did not state in what way she expected him to be benefited—
Question by Defts counsel—
Was Banks confined in jail at the time for stealing the negro which he sold to the Deft, or another negro which he was charged with having taken?
Answer—
I do not know which—
Question by same—State as correctly as you can how long it was before Miss C. B Allens death that you had the conversation with her?
Answer—
I cannot answer this question with any certainty—
and further this deponent sayeth not—
G. H. Dobyns
Essex County to wit
The foregoing deposition of George H Dobyns sworn to and subscribed before me a Justice of the Peace for the County aforesaid this 23rd April 1842.
Austin Brockenbrough J.P.
The deposition of George Wright of Lawful age taken at the same time and place to be read as evidence in the suit aforesaid—
This deponent having been duly sworn deposes and says—That he received from Richard Baylor Esq a bond execution by Caty B. Allen to William T. Foster amounting to the best of his recollection to nine hundred dollars with instructions to bring a suit thereon and to receive[?] the amount available as soon as it could be done—a suit was accordingly instituted on the bond some short time thereafter, & the said bond is the subject of the controversy in this suit between the complt and the deft Foster—he does not recollect when he received the bond, but it was some short time before the suit at Law in the name of Foster vs Allen was constituted—and further this deponent saith not.
Geo Wright
Essex County to wit
The foregoing deposition of George Wright subscribed and sworn to before me a Justice of the Peace for said county this 23rd April 1842.
Austin Brockenbrough JP
[Essex County, Virginia, Box Chancery No. 49, item 49-B-26.]
On 23 April 1844, orators Reubin M. Garnett executor of Reubin Garnett deceased, Edward M. Ware adminstrator de bonis non with the will annexed of Joseph Janey deceased andJones C. Clopton late sherriff of Essex County and committee administrator de bonis non of the Estate of Thomas Wood deceased, on behalf of themselves and all other creditors of John Allen deceased, complained that Reubin Garnett deceased recovered of one John Allen since deceased £27.7.9 with interest and that one Thomas Evans Junr also recovered against John Allen £31.29 and that one Thomas Wood the intestate of your orator Jones C. Clopton also recovered against John Allen £26.13.4. All these debts were unpaid, and John Allen died many years ago not possessed of property of any kind except an interest he was entitled to under the will of his father Thomas Allen. John Allen’s estate was committed to the administration of Richard Rouzee then Sheriff of Essex County. Thomas Allen died sometime in the latter part of the year 1800. He left a widow Elizabeth B. Allen and ten children viz Elizabeth, John, Banks, Barbara, Polly, Lucy, Thomas, Addisson, Caty B., and John Allen. Elizabeth and John Allen both died intestate and without issue, Elizabeth in 1806 and John in 1809. Since John survived his sister he was entitled to a share of her estate. Lucy intermarried with William Banks. Polly Allen intermarried with James Owen. Lucy Banks died about 1815 leaving children Elizabeth A. the wife of James Durham, Lucy C. the wife of John L. Eubank, Thomas A. and James W. Banks. The interest held by James W. Banks was sold to Achilles Lumpkin. Thomas the son of Thomas Allen died in 1822 leaving a last will and testament. Caty B. Allen died in 1839 leaving a last will and testament. The interest of Polly Owen has been transferred and is now held by William A. Wright trustee for Mary C., Cordelia A. and Willy B. Owen. This document continues at length with various assignments of interest. [Essex County, Virginia, Box Chancery No. 52, item 52-J-35/36.]
The division of the lands of Thomas Allen Senr were recorded on 21 May 1849. Lots went to James Allen’s children (Jonathan Hart and Mary his wife, Elizabeth F. Allen, Thomas J. G. B. Allen’s administrator, Pleasant T. Southall and his wife, John B. Allen, George W. Allen, Susan Allen and Augustus Allen), Thomas Allen, Addison Allen, Caty B. Allen, Barbara Bohannon (deceased), Mary Owen’s children, Banks Allen (deceased) and Lucy Bank’s children (Thomas A. Banks, Elizabeth A. Durham, Lucy C. Banks, and James W. Banks). [Essex County, Virginia, Will Book 26, pages 449–452.]