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Currituck County Estates

Henry Culpepper - 1885
[This was a lengthy estate and not all documents are transcribed below.]

24 Oct 1884 - Summons for Relief.  S.A. POWERS & wife Lydia, Andrew McPHERSON & wife Patsey, Henry M. HUMPHRIES & wife Rebecca (assigned to Noah POWERS), Hardy CULPEPPER, Wm. CHARLTON & wife Sallie, Christopher C. POWERS & wife Elizabeth, H.T. CULPEPPER & wife Delilah, Washington CULPEPPER, Joshua CULPEPPER, Walter CULPEPPER, Mary CULPEPPER, & Joseph CULPEPPER, plaintiffs, vs. John HUMPHRIES & wife Frances HUMPHRIES, defendants--Summons to the Sheriff of Currituck County to find the defendants and have them at the Courthouse on Nov. 24, 1884 to answer the complaint for sale of the Hardy CULPEPPER land for partition among the heirs.  /s/ H.B. ANSELL, Clerk of Superior Court

24 Oct 1884 - Letter from Grandy & Aydlett, Attorneys of Elizabeth City.  "Mr. ANSELL, enclosed please find petition of S.A. POWERS & others to the Court praying for sale of 35 acres of land for partition among the heirs as tenants in common; five of them are entitled to 1/6 jointly of same and John HUMPHRIES & wife Frances are entitled to 1/6 but refuse to join in the petition.  We have filed a summons for them to appear before you on the 24th day of November 1884 to show cause why the prayer of partition shall not be granted.  This land cannot be divided.  We hope you will order sale....."  /s/ Grandy & Aydlett

24 Nov 1884 - Petition of S.A. POWERS & wife Lydia, Andrew McPHERSON & wife Patsey, Henry M. MANSFIELD, & wife Rebecca, Noah POWERS, Hardy CULPEPPER, Wm. CHARLTON & wife Sallie, Christopher POWERS & wife Elizabeth, H.T. CULPEPPER & wife Delilah, Washington CULPEPPER, Joshua CULPEPPER, Walter CULPEPPER, Mary CULPEPPER, & Joseph CULPEPPER, infants under the age of 21 by their next friend S.A. POWERS, respectfully show the Court that Hardy CULPEPPER and his wife Rebecca are both dead and left the following children, to wit: Frances HUMPHRIES, Lydia POWERS, Patsey McPHERSON, Rebecca MANSFIELD, Hardy CULPEPPER, and Henry CULPEPPER, the last named is also dead and left the following children: Sallie CHARLTON, Elizabeth POWERS, Delilah CULPEPPER, Washington CULPEPPER, Joshua CULPEPPER, Walter CULPEPPER, Mary CULPEPPER, and Joseph CULPEPPER who are the grandchildren of the late Hardy CULPEPPER & wife Rebecca.  The petitioners further show that Hardy CULPEPPER died intestate seized in fee simple of a tract of land adjoining S.A. POWERS on the east, the heirs of Christopher POWERS on the north and west, and James GARRETT and A.H. LINDSEY on the south, containing 35 acres.  Petitioners desire to have partition of said land but know that partition cannot be made without serious injury to all concerned therefore they pray that a decree issue from the Court for sale of said land.  /s/ Grandy & Aydlett, Attys for Petitioners

12 Jan1885 - Decree of Sale.  The Court finds that there in no good cause why sale of land should not be made, therefore it is ordered that said land shall be sold for partition and that C.W. GRANDY after 30 days advertisement shall sell said land at the Court House door to the highest bidder and that 1/3 of the purchase price be paid in cash and the balance on a credit of one and two years with interest from date.  /s/ H.B. ANSELL, C.S.C

2 Mar 1885 - G.A. GRIGGS cried the property described in the petition when Andrew McPHERSON came forward and bid $351.00 and he transferred his bid to James McPHERSON.  /s/ Geo. A. GRIGGS

2 Mar 1885 - Receipt.  Received of C.W. GRANDY, Special Commissioner to sell the lands in the case of S.A. POWERS & others, vs. John HUMPHRIES & others, the sum of $11.28, our portion of the cash payment after deducting cost.  /s/ John HUMPHRIES, SR., Frances [her x mark] HUMPHRIES

6 Mar 1885 - Receipt.  Received of Rebecca CULPEPPER $1.80 for county tax for the year 1884.  /s/ Wm. A. BRAY, Sheriff

8 Mar 1885 - Receipt.  Received of C.W. GRANDY, Special Commissioner of sales in the case of S.A. POWERS & others vs. John HUMPHRIES & wife, through the hand of H.B. ANSELL, the sum of $20.67, it being my interest in the amount of note payable March 2, 1886, being the 1st deferred payment on the land sold in said suit, the Hardy CULPEPPER land.  /s/ Hardy CULPEPPER

16 Mar 1885 - Notice of Confirmation of Sale.  /s/ C.W. GRANDY, Special Commissioner

17 Sept 1885 - Letter to H.B. ANSELL.  "I want to know of you if you have any money in hand for the CULPEPER heirs for the land that formerly belonged to Rebecca CULPEPER that was sold last March by order of Court by Mr. IDELET Mr. C.W. GRANDY commissioner if you have any money in hand for Elizzebeth POWERS the grand daughter of Rebecca CULPEPER please write a receipt and send it back by Mr. B.F. ROACH and i will sign it and then i will return the receipt back to you."  /s/ Elizebeth POWERS

13 Mar 1886 - Receipt.  Received of C.W. GRANDY, Special Commissioner, the sum of $20.27, my share in second payment of the Hardy CULPEPPER land sale by order of the Court.  /s/ S.A. POWERS, Lydia POWERS

13 Mar 1886 - Receipt.  Received of C.W. GRANDY, Special Commissioner, the sum of $41.24, it being my interest in the second payment for the sale of the Hardy CULPEPPER tract of land.  /s/ James McPHERSON, Patsy [her x mark] McPHERSON

4 Mar 1887 - Received of H.B. ANSELL, Clerk of Superior Court, $21.84, it being the balance of our interest in the sale of the Hardy CULPEPPER land and our interest in the last installment, it being 1/6 thereof.  /s/ Patsy [x] McPHERSON, Andrew McPHERSON

4 Mar 1887 - Received of H.B. ANSELL, Clerk of Superior Court, $21.84, being the balance of my interest in the lands of Hardy CULPEPPER sold by C.W. GRANDY, this amount being 1/6 of the last deferred payment, it being the share for Noah POWERS interest which I purchased of him (see deed book 37, page 435).  /s/ James McPHERSON

4 Mar 1887 - We, the undersigned, do certify that we have received from H.B. ANSELL, the following sums, it being the last and final payment in full of our interest in the proceeds of the sale of the Hardy CULPEPPER land, it being the share of Henry CULPEPPER heired by us as follows:
    1) W. CHARLTON & wife Sallie 1/8 of said share - $2.73
    2) C.C. POWERS & wife Elizabeth 1/8 of said share - $2.73
    3) H.T. CULPEPPER & wife Delilah 1/8 of said share - $2.73
    4) Washington CULPEPPER 1/8 of said share - $2.73
    5) Joshua CULPEPPER 1/8 of said share - $2.73
    6) Walter CULPEPPER 1/8 of said share - $2.73
    7) Mary CULPEPPER 1/2 of said share - $2.73
    8) Joseph CULPEPPER 1/8 of said share - $2.73
/s/ Henry W. CULPEPPER, Joseph CULPEPPER, Wm. H. CHARLTON, Sallie F. [x] CHARLTON, Joshua CULPEPPER, H.T. CULPEPPER, Delilah CULPEPPER, C.C. [x] POWERS, Elizzabeth [x] POWERS, S.A. [x] POWERS, gardean [sic]

7 Mar 1887 - Received of H.B. ANSELL, Clerk of Superior Court, $21.84, it being the balance of our interest in the sale of the Hardy CULPEPPER land, it being my interest in the last installment, being 1/6 thereof.  /s/ S.A. POWERS, Lydia POWERS

7 Mar 1887 - Received of H.B. ANSELL, Clerk of Superior Court, $21.84, it being the balance of our interest in the sale of the Hardy CULPEPPER land, it being my interest in the last installment, being 1/6 thereof.  /s/ John HUMPHRIES, Frances [x] HUMPHRIES

14 Mar 1887 - Received of H.B. ANSELL, Clerk of Superior Court, $21.84, it being the balance of my interest in the sale of the Hardy CULPEPPER land, it being my interest in the last installment, being 1/6 thereof.  /s/ Hardy CULPEPPER

[Source: Currituck County Record of Estates 1812-1926; Vol. Brumsey-Ferebee (Microfilm G.030.1862909)]

This estate was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

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