[Transcript available Bybee, &c. vs. Tharp and wife (p 313-326)]
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... The ward [Sally Anne Roane] continued to live in the house with her step-father and guardian until her marriage in July, 1833, with A.W. Trapnall. ...
... On the 4th of July following this settlement, which was approved by the Court, Sarah Anne Roane was married to A.W. Trapnall, then about twenty-three years of age, a young lawyer of intelligence and capacity, who had been raised and had lived, until a few months before, in the immediate vicinity of Bybee, and having, as may be presumed, a general knowledge of the habits of the ward, and of the indulgence extended to her, and also of the condition and quality of her estate. He, some short time after his marriage, examined the settlement at the office in which it was recorded, obtained a copy of it, and upon such consideration and inquiry as he deemed satisfactory, and doubtless upon consultation with his wife and a communication of all facts within her knowledge, and after stating to one witness that he had examined the subject and was satisfied, acknowledged, in the office of the same Clerk, and deposited for record therein, a writing, under his hand and seal, importing, that having examined the settlement of accounts, (which is particularly described,) he admitted said account as completely satisfactory. This instrument bears date on the 14th of August, 1833; about the same time Trapnall executed a deed of trust, conveying all the slaves, with one or two exceptions, to Bybee and another, in trust, for the wife of the grantor, and in a year or two after died.
... so much of the hire for the year 1833 as accrued after Trapnall assumed the control of the slaves by conveying them to Trustees. After that, Bybee, who had not hired them for the year, but was chargeable because he retained them in possession, held them under Trapnall's conveyance, and not as guardian. ...
... We are of the opinion, therefore, that neither Tharp and wife, in right of the latter, nor Tharp, as administrator of Trapnall, have shown any sufficient ground for overturning the County Court settlement, as confirmed and ratified by Trapnall; ...
In 1837, the widow of Trapnall having intermarried with Tharp, who afterwards took administration on the estate of Trapnall, this bill was filed by them to impeach the settlement and have a re-settlement of the account. They charge that the settlement was unfair ; that many items were omitted with which Bybee should have charged ; that the hire charged against him was too little, and the credits allowed too great, and many of them unfounded. ...
