Page 42

Jacob, Ann & Beck, Jane, Dinah, Louisa, Ishmael, together
with a considerable Estate of other personalty was secured
to Complainant her life with remainder in said negroes
and other personal property (not to this respondent as charged
but to the daughter of complainant the wife of said
Solon Wellborn, complainants assumed next friend,
Says it is true that said deed has not been recorded
but say it is not true that the same was not shewn to
Complainant on the contrary respondent says that said
deed was signed by Respondent Betts and was to
take effect only upon condition that Complainant
would relinquish dower in favor of this Resondent to
town Lots in Eufaula, one wihtout improvements the
other with some temporary log buildings besides an
undivided interest or moiety in a Mill tract
of Land of about four hundred acres upon
which were some old Mills which soon after
tumbled down- that respondent agreed with said
Betts that he would not accept the Trust unless
Complainant relinquished Dower and was
positively instructed not to deliver the same or permit
the same to be of any binding force or efficacy
unless complainant relinquished Dower, that in
pursuance of his instructions and in conformity
with his agreements with said Betts this
Respondent did nin March A.D. 1843 repair to the
Count of Barbour and did shew said deed to
Complainant, he read the same to her in the
hearing of herself and friends and said complainant
had said deed herself- and he belives she read the
same or had the same sufficient time to read, that
the same was handed to and read by one of
Complainant's Solicitors who she sent for to Counsel
with upon the subject- that the respondent made
known to complainant the terms & conditions
upon which said deed was to become effectual
more than once and she answered respondent
that she would not relinquish Dower, no not
to save the life of respondent or of respondent
Betts- This answer she gave in substance
after she had had several hours for deliberation.