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Tyrrell County Court of Pleas & Quarter Sessions
July Session 1842
Ordered that Fredk. Patrick, T. L. Jones & Jesse Sikes audite and settle the estate of William Alfred with the administrator.
The division of William Alfred's land was proved in open court by Charles McClees.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.03), Box 3
Alford, William, 1840
Order dated the first Monday of March 1840 and issued 28 Jul 1840 for the Sheriff to take the body of George Horswell and safely keep & summon Charles McClees administrator of Wm. Alfred and Jesse Sikes administrator of Thompson Liverman to appear at the next Superior Court of Law on the first Monday in September next to answer to Solomon Mann and wife Ann Caroline, John Alcock and wife Mary Amanda, Ann Eliza Sikes & Benjamin Sikes Jr. by their guardian Richard D. Hassell in a plea that he render and pay them $8,000 which he owes and detains to their damage $200. There is also a bail bond for George Horswell dated 28 Jul 1840 in the amount of $16,000. {Marriage records and the will of Thomas Liverman show that plaintiffs were all children of Thomas Liverman and their spouses.}
Bond dated 28 Jul 1840 in the amount of five thousand dollars appointing Chas. McClees administrator of the estate od William Alfred deceased, Richard Hassell, Dempsey S. Godfrey & Solomon Mann securities.
Petition in October Term 1840 by Lavinia Alford who states that her late husband, William Alford died intestate in March 1840 leaving her entirely unprovided for. Petitioner further shows that William Alford died seized and possessed of two tracts of land in Tyrrell County, one on the west side of Alligator River joining land known as the Asher Clayton land containing 200 acres more or less and one tract of swamp land at Kilkenny adjoining the lands of Elisha Sawyer and others - in both of which two tracts of land petitioner is entitled to dower - that the said William Alford for the purpose of defeating petitioner's right of dower in said first mentioned tract of land conveyed by deed of gift after your petitioner's intermarriage with him or shortly before the said first mentioned tract of land to his four children Frederick Ely Alford, George W. Alford, Polly Alford & Sarah Alford by deed dated 15 Dec 1825 but remained in possession thereof to his death - that said George & Polly died infants & without issue and said Frederick & Sarah are their heirs at law - your petitioner further shows the that the said last mentioned tract of land is of little or no value. Petitioner charges that the said deed of gift was and is fraudulent as to her and that she is well entitled to dower in both tracts of land and prays an order that her dower in said tracts be layed off to her and that a copy of this petition and subpoena be served upon the said Frederick Ely Alford & Sarah Alford who are infants under the age of 21 years commanding them by their guardian to be appointed by the court to be and appear at the next court to be held on the 4th Monday of January 1841.
Answer at January Term 1841 of Frederick Ely Aly Alfred & Sarah Alfred, infants under the age of 21 by their guardian ad litem, Charles McClees, to the petition for dower of Laninia Alfred. They state that William Alfred did on 15 Dec 1825 & before the intermarriage of the said William with the said complainant Lavinia execute and deliver to your respondents the said Frederick Ely & the said Sarah & to Polly & George Washington Alfred all children of the said William Alfred a deed for the tract of land mentioned in the complainants petition. The said Polly & George Washington Alfred are dead & your respondents are their only heirs at law & tenants in common of the land as mentioned in complainants petition. Your respondents aver that the said deed of conveyance was made in good faith and not for the purpose of defrauding the complainant Lavinia out of her right of dower as set forth in complainants petition. They further answer that complainant is not entitled to dower in said tract of land, because it of right belongs to your respondents by deed from their father William Alfred which deed was duly proved at January Term 1827 and registered on 15 Sep 1827. Respondents pray their just and legal rights be protected.
Summons dated the 4th Monday of January 1841 and issued 17 Apr 1841 directed to the Sheriff of Washington County for the County Clerk to provide the marriage bond of Wm. Alfred to Lavinia Massey and Samuel Davenport to appear at court on the fourth Monday in April next to testify for :B:Frederick Alfred in a case in which Lavinia Alfred is plaintiff and Frederick Alfred is defendant.
Petition in July Term 1841 by Levina Alfred who states that her husband died recently possessed of considerable personal property in which she is entitled to dower, which she requests be layed off to her.
Bond dated 26 Jul 1841 in the amount of three thousand dollars appointing Fred E. Alfred guardian to Sarah Alfred orphan of William Alfred deceased, Chas. McClees & Fred Patrick securities.
Court order dated the fourth Monday in October 1841 directing the Sheriff to summon a jury of good lawful men unconnected to Levina Alfred widow of William Alfred and lay off her dower in her deceased husband's land.
Laying off of the dower of Levina Alfred in the land of her deceased husband, William Alfred, on 4 Jan 1842 by the Sheriff, John McClees, and a jury composed of Thomas Sawyer, John Jones, Jordan Jones, Wm. Bodwell, Hardy Liverman, Allen Cahoon, Bartlett Jones, Timothy Jones, Thos. J. Cooper, Thos. White & Simeon Sawyer. The widow received 66 2/3 acres joining Richard Clayton including the dwelling and related out houses.
Division 21 May 1842 by Charles McClees, Elikim Swain & Ashbe Liverman of the land that formerly belonged to William Alfred and fell to Frederick E. Alfred and to Sarah Alfred the wife of Jesse Sawyer, who agree to abide by the division. Land divided by a line running south from Chaplin's corner. Frederick E Alfred gets the eastern part of the land containing 100 acres and Jesse & Sarah Sawyer get the western part of the tract containig 140 acres. Division proved in July Term 1842 by Charles McClees and registered 22 Sep 1842.
Receipt signed by Lavinia Alfred on 15 Oct 184? ackowledging payment of $49.68 in part of what she was due from her deceased husband's estate from Charles McClees administrator.
Subpeona dated the first Monday of March 1843 and issued 23 Jul 1843 for Chas. McClees, Sol. Mann & D. S. Godfrey to appear in the Superior Court of Law on the first Monday in September next to answer unto Lavinia Alfred of a plea that they pay her $5000 which they owe and detain to her damage $50.
Summons dated 5 Mar 1844 for Thos. B. Myres & John D. Liverman to appear in the Superior Court of Law on the first Monday in March immediately to testify on behalf of the plaintiff in a case where Lavinia Alfred is plaintiff and Chas. McClees is defendant.
Assignment dated 8 Oct 1844 in which Lovina Alpherd assigns and releases all right and title to a judgement she obtained in Superior Court against Charles McClees and security for her third part of her husband's estate in the amount of $300 to Robt. B. Davis, his heirs and assigns. Witness Joseph B. Davis & C. B. Davis. This was further assigned to H. G. Spruill on 28 Apr 1845.
Transcriber's Notes:
A certified copy of a Washington County marriage bond in Tyrrell County records shows the marriage of William Alfred to Lavina Phelps of Washington County on 26 Jan 1826, Charles Phelps security and Samuel Davenport witness. There is a Tyrrell County marriage bond showing the marriage of William Alfred to Sally Liverman on 24 May 1818, Thos. Cohoon security, also for Frederick E. Alfred to Mary Cooper on 19 Jan 1842, Isaac Spencer security.
See the will of Thomas Liverman in 1818 for more information on the family of Sally Liverman, first wife of William Alfred.
Since the 4 children of William Alfred are listed in the 1825 deed of gift and the marriage to Lavinia was after that, William's first wife Sally was the mother of all 4 children.
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