|
Page 1
State of North Carolina--To the Sheriff of Currituck County Greeting:
Whereas
James HUGHES by
Petition to the County Court of Pleas and Quarter Sessions for Currituck
County praying be that James PHILLIPS Esquire might be summoned to appear
before the said Court and settle and pay over, to the said Petitioner such
sums of money as is due from the said James PHILLIPS as Executor of the last
will and Testament of John HUGHES deceased and also as guardian to the said
petitioner.
You are therefore
commanded to summons the said James PHILLIPS Esquire to be and personly
appear before the Justices of the County Court of Pleas and Quarter Sessions
to be held for the County of Currituck at the Courthouse in said County. On
the last Monday in May next, then and there to answer unto the said
Petitioner concerning the premises and this you shall in no wise omit, and
likewise serve a copy of said Petition on the said James PHILLIPS. Witness
Spence HALL Clerk
of the said Court at office in Currituck the XXVIIIth day of
February in the year of our Lord 1801.
/s/ S. HALL CCC
Executed per J. PERKINS Sheriff
State of North Carolina--To the Worshipfull
the Justices of the County Court of Pleas and Quarter Sessions Sheweth That your petitioners
late Grandfather John HUGHES departed this life, some time on or
About the [torn] day
of [torn] Seven hundred and Seventy having first made his last Will and
Testament in ?????? thereof appointing James PHILLIPS & Zebulon
WILLIAMS
Executors thereof who proved the same in due form of law, and took upon
themselves the Execution thereof, that soon after the said Zebulon WILLIAMS
departed this life or declined Acting whereby the whole Estate came into the
hands of the said James PHILLIPS to the amount of three hundred pounds or
there abouts.
Your petitioner further
sheweth that sometime after the decease of his said father, the said James
PHILLIPS became guardian to your petitioner and took into his possession the
whole of his Estate real and personal to a very considerable amount.
And your petitioner
further sheweth that the said James PHILLIPS still holds in his hands
property of your petitioner to the value of three hundred pounds or
thereabouts, for which he refuses to Account, with him, under various
pretences. Wherefore and in as much as your petitioner is Remedyless in the
premises except before your worships by petition agreeable to the directions
of the Act of the General Assembly in such cases made and proved, may it
please you worships to grant to your petitioner a writ of summons Commanding
the said James PHILLIPS to appear before your worships on a Certain day
therein to be expressed true & perfect answer to make to the premises in as
full and ample manner as if the same, was herein again Repeated, &
interrogated & to direct & decree that he account with & pay over to your
petitioner such sums as upon a fare settlement of amounts hall appear to be
Fairly due to him etc. and your petitioner as in duty bound shall ever pray.
/s/ Will BLAIR Plffs Atto
November 28th
1801
Page 2
State of North Carolina}
August Term 1801
Currituck County
}
The answer of James
PHILLIPS to the petition of James HUGHES sheweth that John HUGHES Grand
Father to the said James HUGHES died about the time mentioned in the said
James HUGHES petition and also that the said James PHILLIPS qualified as an
Executor and that of the Estate of the said John which came to his
possession as an Executor, the said James PHILLIPS believes to be about Two
hundred and eight pounds. The said James PHILLIPS also sheweth in answer
that after the settlement of the Estate of said John he became guardian to
the said James HUGHES as is set fourth in his petition and took into his
possession as guardian to the said James HUGHES property to the amount of
seventy one pounds & also one mare which was afterwards sold for fourteen
pounds the whole property amounting to eighty five pounds, or there abouts
and the said James PHILLIPS in answer sheweth that as to the Estate of the
said John HUGHES which came into his possession as Executor there remained
but about seventy one pounds upon a settlement of the said Estate by
auditors appointed by the worshipful Court of Currituck to settle
the accounts of the said James PHILLIPS with the estate of the said
John decd
the mare above mentioned to have been sold for fourteen pounds not included
in said settlement the said mare being a Specifick legacy to the said James
HUGHES by his Grandfather John, and the said James also sheweth in answer
that as to the sum of Seventy One Pounds & the said mare sold by consent of
the said James HUGHES then near of the age of Twenty One for fourteen
pounds, amounting in all to the said Sum of eighty five pounds which come
into his possession as guardian to said James HUGHES was fully expended in
behalf of the said James HUGHES during his the said James minority
and further more by way of answer the said James PHILLIPS sheweth that the said
James HUGHES since his arrival to the age of Twenty one years hath been a
near neighbour of him the said James PHILIPS living not from each other
distant more then one mile for upwards of Twenty One years, and further more
that the said James HUGHES & James PHILLIPS have had a
number of contracts, during the said time of Twenty years Neighbourhood and that upon a full
settlement of all accounts the said James HUGHES fell indebted to the said
James PHILLIPS in the sum of Six pounds & one shilling for which the said
James HUGHES gave him the said James PHILLIPS his note as to the sum of
three pounds mentioned in the petitioners petition the said James
PHILLIPS
Totally denies to be in possession of & also denies that he is indebted to
the said James HUGHES in any sum whatever either as having been an Executor
to his Grandfathers Estate or as guardian to him to the James HUGHES or in
any other manner whatsoever and as to the prayer in the petitioners petition
to account the said James PHILLIPS he is Ready.
Sworn to in open Court the
1st day of September in the year of our Lord 1801.
Test. S. HALL CCC
William SIMMONS do promise
to be security for the Prosecution of the
within suit agreeable to an act of Assembly in such case made and provided
as witness my hand and seal this 28th day of February 1801.
/s/ Wm SIMMONS seal
Page 3
Entery dockit to Currituck
May 1801
James HUGHES }
vs
} Pettn - To answer the first day of next Term
James PHILLIPS}
Trial dockit to Currituck
August Term 1801
James HUGHES }
vs
} Pettn 2 - Continued on affidavit of the defendant
James PHILLIPS}
Trial dockit to Currituck
November Term 1801
James HUGHES } Pettn 3 -
Continued on affidavit of
the defendant, Subpoena for defendant
vs
} Josiah NICHOLSON Comm issue to take deposition
James PHILLIPS} Comm. to take deposition of William SIMMONS
Trial dockit to Currituck
February Term 1802
James HUGHES }
vs
} Pettn & Answer
James PHILLIPS}
Jury impannelled & Sworn
say the defendant hath not fully Accounted but that there is a balance due
from the defendant to the petitioner of
£124.11.7 decree for that sum and costs. Jury to wit:
Josiah
ETHERIDGE 1 Branson BELL 2 Benjamin COX 3 Samuel WHITEHURST 4
Simon
WILSON 5 James BATES 6 Thomas COX SENr 7
Phillip DAUGE 8 Caleb BELL 9 Hollowell ETHERIDGE 10
Tatum BRABBELL 11 Caleb PARR 12 Impannelled
& Sworn say the defendant hath not fully accounted but that there is a
ballance due from the defendant to the Petitioner of
£124.11.7
decree for that sum and costs.
In this Suit the defendant
being disatisfyed with the Verdict of the Jury by his attorney Thomas
JOHNSON craves an appeal to the Edenton Superior Court of Law and equity
to be held for the district of Edenton at the Courthouse in Edenton on the
Sixth day of April next which was granted him on his giving bond with
Samuel SALYEAR & Andrew BATES Esquires Securities in the sum of one thousand pounds
and his attorney Thomas JOHNSON filing the following Reasons.James HUGHES
}
vs
} Petition
James PHILLIPS}
Reasons in appeal offered
by the defendant that the Verdict of the Jury is Contrary to law and
evidence Thomas JOHNSON defendants
attorney
Page 4
Having examined the acct of Jas PHILLIPS gn
of Jas HUGHS and find a ballance is due Jas HUGHS
the
sum of
£124.11.7
as gn Acct Retd in 1780 in currency as it now passes given under our hands
this 30th of August 1800.
/s/ Wm SIMMONS
/s/ Benjn
TAYLOR
|
Pettn Dock. |
|
10 shillings |
|
|
Nov. Term 1801 Continuance 3/ |
|
3 shillings |
|
|
Feby. Ditto 1802 determination 7/6 |
|
7 shillings |
6 pence |
|
4
Subpoenas@1/6 each |
|
6shillings |
|
|
2 orders for Commissions 2/each |
|
4 shillings |
|
|
1 Commission to take deposition 2/4 |
|
2 shillings |
4 pence |
|
Transcript of
Records & Tax fee 10/ 18/ |
|
18 shillings |
|
|
|
£2 |
10 shillings |
10 pence |
|
J. PERKINS, Sheriff |
|
5 shillings |
4 pence |
|
S. ALCOCK, ditto |
|
15 shillings |
4 pence |
|
W.B., Atto |
£2 |
|
|
| |
£5 |
11 shillings |
6 pence |
|
Judgement |
£124 |
11 shillings |
7 pence |
| |
£130 |
3 shillings |
1 pence |
|
Josiah NICHOLSON 1 Witness Ticket
to be paid James PHILLIPS |
|
14 shillings |
2 pence |
|
William SIMMONS
1 ditto
ditto |
£1 |
3 shillings |
1 pence |
| |
£132 |
|
[torn] |
I do hereby Certify this
to be a true transcript of the Records in this Suit from Currituck County
Court
/s/ T. BAXTER Dy CCC
March 2d 1802
Recd March 3
/s/ WB Clk
[SOURCE: Manuscript and Archives
Reference System (MARS);
Edenton District
Superior Court Estates Records 1756-1806; MARS ID: 398.6.333 (Box);
Microfilm C.201.1905672]
Transcribed by
Judy Merrell Brickhouse,
September 2006 |
