BRICKHOUSE, WILLIAM

State of North Carolina
Tyrrell County
Book 2, page 97
Dated 14 August 1821

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

October Session 1828

The last will and testament of William Brickhouse Senr. was exhibited in open court and the due execution was proved by the oath of Jno. Rhods a subscribing witness thereto who swore also that he saw Thos. Leigh sign the same as witness. At the same time appeared Matthew Brickhouse Sr. & qualified as executor thereto ordered that letters testamentary issue thereon and he proceed as the law directs.

January Session 1829

An inventory and account of sales of the estate of Wm. Brickhouse was returned by Matthew Brickhouse the executor and filed.

July Session 1830

Ordered that Eph. Mann, Enoch Hassell, Richard Howett be appointed to audite & settle the estate of William Brickhouse Senr. with Matthew Brickhouse the executor and report to next term.

October Session 1830

The audited account of the estate of William Brickhouse Senr. was returned to court by Mathew Brickhouse the executor.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.11), Box 11
Brickhouse, William, 1828

Summons dated 3 Mar 1829 for Matthew Brickhouse executor of William Brickhouse deceased to appear before D. M. Sargent or some other Justice of the Peace to answer a complaint by Benjamin Brickhouse of debt due by account in the sum of sixty dollars. Notation to summon Elsberry Brickhouse & Isaac Davenport.

Summons dated the fourth Monday in April 1829 and issued 27 April 1829 for Isaac Davenport to appear in court and testify on behalf of the plaintiff in a case in which Benjamin Brickhouse is plaintiff and Matthew Brickhouse executor is defendant.

Summons dated the fourth Monday in April 1829 and issued in term time for Henry Alexander to appear in court and testify on behalf of the defendant in a case in which Benjamin Brickhouse is plaintiff and Matthew Brickhouse executor is defendant.

Summons dated the fourth Monday in July 1829 and issued 7 Aug 1829 for Matthew Brickhouse executor of William Brickhouse deceased to appear in court on the fourth Monday of July next to answer unto Elizabeth Brickhouse in a plea of ? to her damage one hundred and twenty five dollars.

Summons dated the first Monday in September 1829 and issued 20 Feb 1830 for George Alexander, Benjamin Swain (of Jno) & Jno. Meekins Senr. to appear at the Superior Court on the first Monday in March next and testify on behalf of the defendant in a case in which Elizabeth Brickhouse is plaintiff and Matthew Brickhouse Senr. is defendant.

Summons dated the fourth Monday in October 1829 and issued 11 Dec 1829 for Benjamin Swain & George Alexander to appear in court on the fourth Monday in January 1830 to testify on behalf of the defendant in a case wherein Elizabeth Brickhouse is plaintiff and Matthew Brickhouse executor of William Brickhouse is defendant.

Summons dated the fourth Monday in October 1829 and issued 27 Oct 1829 for Ephraim Mann, John Brickhouse Senr. & John Rhoads to appear in court on the fourth Monday in January next to testify on behalf of the plaintiff in a case wherein Elizabeth Brickhouse is plaintiff and William Brickhouse's executor is defendant.

Summons issued 2 March 1830 for Jos. Halsey clerk of the county court to produce the will of Wm. Brickhouse & the record of the probate & Ephraim Mann to appear at the Superior Court on the first Monday in March 1830 to testify on behalf of Elizabeth Brickhouse in a case in which Elizabeth Brickhouse is plaintiff and Matthew Brickhouse executor of William Brickhouse is defendant.

Summons dated the first Monday in March 1830 and issued in term time for Benjamin Brickhouse to immediately appear at the Superior Court to testify on behalf of Elizabeth Brickhouse in a case in which Elizabeth Brickhouse is plaintiff and Matthew Brickhouse executor of William Brickhouse deceased is defendant.

Execution dated the first Monday in March 1830 and issued 1 Apr 1830 against the goods and chattels of William Brickhouse in the hands of his executor Matthew Brickhouse for $47.50 which Elizabeth Brickhouse recovered against Matthew Brickhouse executor of William Brickhouse deceased in the Superior Court of Law of Tyrrell County at March Term 1830.

Petition April Term 1842 by Joseph D. Hufton and wife Rosanna, Richard Alexander in right of his wife Eliza and Joseph D. Hufton as assignee of said Richard Alexander stating that William Brickhouse died sometime in the year 1828 leaving a will. The petition then quotes the entire will. Petitioners state that the will was exhibited in court at the October Term of 1828 by Matthew Brickhouse and admitted to probate with said Matthew Brickhouse as executor. Benjamin Brickhouse, the other named executor renounced. Petitioners further show that Elizabeth Norman, the legatee in said will who is bequeathed negro girl Kate and negro boy Mingo was a daughter of William Brickhouse and had she survived the testator would have been entitled to receive and equal share with the other daughters of the testator, that is, to one sixth of the residue of the estate of the testator as mentioned in his will. They show that the said William Brickhouse in his lifetime placed in the possession of his daughter Elizabeth, then the wife of Henry Norman, the two aforesaid negroes, Kate & Mingo; that the said Elizabeth Norman after the making of the said will, but before the death of the testator died leaving issue four children to wit William Norman, Rosana now the wife of petitioner Joseph D. Hufton, Sidney now the wife of James Cooper and Eliza now the wife of petitioner Richard Alexander. These four children are entitled to receive the legacies and such portion of the residue of the estate of William Brickhouse as mentioned in the will, as the said Elizabeth Norman would of right have been entitled to had she survived the said testator her father. They estimated the said residue of the estate should be five thousand dollars or some other large sum. In addition, negro girl Kate given to Elizabeth Norman in said will has had increase of two children, girl Annis and boy Mose both of whom are now living. The executor Matthew Brickhouse refuses to make a division of these legacies among the children of Elizabeth Norman and permits the said slave Kate and her increase to remain in the possession of Henry Norman. Petitioners further show that Joseph D. Hufton is assignee of all the interest which Richard Alexander claims in right of his wife Eliza under the will of William Brickhouse. William Norman and James Cooper have and still do refuse to join petition; Eliza Brickhouse wife of the testator is dead and her executor is Benjamin Brickhouse; that Abigail Swain is dead and Abram J. Swain is her administrator and that they as well as Benjamin, Simeon & Rachel Brickhouse, Hannah Meekins and Uriah Spruill and wife Mary will not consent to join your petitioners & Sarah Webster & Jemimah Rhodes also & have no personal representatives. Petitioners pray that Matthew Brickhouse be compelled to account for what they should have received out of the estate of William Brickhouse.

Summons dated the fourth Monday in April 1842 and issued 9 May 1842 for Matthew Brickhouse executor of William Brickhouse to appear in court on the fourth Monday in July next to answer the petition of Jos. D. Hufton and wife in a case in which Jos. D. Hufton is plaintiff and Matthew Brickhouse is defendant.

Bond dated 7 Sep 1843 in the amount of one hundred dollars signed by Matthew Brickhouse with Jos. Alexander & Richard Davenport as securities in favor of Jos. D. Hufton. The condition of the bond is whereas Jos. D. Hufton and wife brought suit against Matthew Brickhouse, judgement was rendered against said Brickhouse for cash and said Brickhouse prayed and obtained an appeal to the Supreme Court to be held in Raleigh in December next. If he prosecutes the case the bond is void, but in full effect otherwise.

Summons dated the first Monday in September 1843 and issued 22 Feb 1844 for Uriah Spruill Sr. to appear at the Superior Court on the first Monday in March next to testify on behalf of the plaintiff in a case in which Jos. D. Hufton is plaintiff and Matthew Brickhouse is defendant.

Summons dated the first Monday in September 1843 and issued 4 Mar 1844 for Henry Norman, Benjn. Brickhouse & Simeon Rhodes to appear at the Superior Court on the first Monday in March immediately to testify on behalf of the defendant in a case in which Jos. D. Hufton is plaintiff and Matthew Brickhouse is defendant.

Answer on 22 January 1844 in the Superior Court of Law by Matthew Brickhouse to the petition of Joseph D. Hufton and wife Rosannah, Richard Alexander in right of his wife Eliza and Joseph D. Hufton as assignee of Richard Alexander. Respondent admits the death of William Brickhouse and that he duly made and published his last will and testament as set forth by the petitioners, that the same was duly proved and the respondent qualified as executor. Respondent also admits that that Elizabeth Norman the legatee named in said will was a daughter of William Brickhouse but the defendant avers that she was not entitled to said slaves Kate & Mingo nor would she have been entitled had she survived the testator for this respondent avers that a number of years before the testator's death it was agreed between Henry Norman and said testator that said Henry should receive said slaves Kate & Mingo in full of the share of his wife Elizabeth in the negro property of the estate and in furtherance of said agreement he the said William in his lifetime delivered to the said Norman 8 or 10 years before the death of said William said slaves Kate & Mingo based on an agreement that Henry Norman & Eliza Norman should not upon the death of William claim and share of his negro property. Henry Norman then continually maintained possession of said slaves and Mingo died about four years previos to the testator. Negro slave Kate has had two children, Annis & Mose, since she came into possession of Henry Norman. Respondent further said that Elizabeth Norman died about a week before her father leaving four children, William, Rosanna, wife of petitioner Huffton, Sidney wife of Cooper & Eliza wife of petitioner Alexander. The residue of the estate to be divided among all the daughters amounted to little, the share of each amounting to around fifteen dollars, which was paid to those legatees he was advised by council that were legally entitled. A further response dated 24 April 1844 amending his previous response states that he paid Henry Norman $16.94 on 18?? {cut off} which was one seventh of the residue that Henry's wife would have been entitled to if living under the will of her deceased father.

Summons dated the first Monday in September 1844 and issued 28 Jan 1845 for John E. Brickhouse to appear at the Superior Court on the first Monday in March next to testify on behalf of the defendant in a case in which Jos. D. Hufton is plaintiff and Matthew Brickhouse is defendant.

Note dated 3 Sep 1845 from Matthew Brickhouse to Joseph D. Hufton and his wife and Richard Alexander and his wife Eliza informing them that he would be taking the deposition of John E. Brickhouse and others on 13 Sep 1845 at the house of John E. Brickhouse in Tyrrell County to be read in evidence in the suit now pending between them in the Superior Court of Law.

Deposition on 13 Sep 1845 at the house of John E. Brickhouse by John E. Brickhouse & Simeon Rhodes before James Forbes & Samuel Leigh:
Question 1 - What did William Brickhouse Senr. deceased say about the negroes he delivered to Henry Norman and his wife Elizabeth?
Answer - Simeon Rhodes says that William Brickhouse asked Norman and wife if they would take Cate & Mingo as their share of his negro property and they said they would. William Brickhouse then told them that if either of the negroes died that they would not get any more, and they said they were willing to take them as their share. Then William Brickhouse delivered them.
Question 2 - How long was the negroes delivered before the old mans death?
Answer - Between seven and eight years.
John E. Brickhouse deposeth and saith:
Question 1 - That he happened there some two or three hours after William Brickhouse delivered the said negroes, Cate & Mingo, to Norman and wife and that William Brickhouse deceased told him that he had delivered them as stated by Mr. Rhodes, and he believes it was some seven or eight years before the death of the old man Wm. Brickhouse.
Question by plaintiff - Which died first, William Brickhouse or his daughter, Elizabeth Norman?
Answer - Simeon Rhodes says that Elizabeth Norman died first.
Answer by John E. Brickhouse - Also says that she died first.

Summons dated the first Monday in March 1846 and issued 31 May 1846 for Matthew Brickhouse to appear at the Superior Court on Monday & Tuesday in July court week in 1846 to such iterrogatories as there may be propounded to him in a suit in which J. D. Hufton is plaintiff and Matthew Brickhouse executor is defendant.

Hufton vs. Brickhouse. Defendant makes oath that this suit was brought in 1842, as appears by the record; that it has been continued at various times by the plaintiff and never, as he believes, by the defendant; the defendant further maketh oath that said plaintiff formerly gave as security for the prosecution one Sawyer who is now dead, and whose estate is passed into the hands of his administrator and is now in ? of distribution to creditors, and otherwise, the said Hufton is so ? ?, as he is well advised and believes to be true, that nothing could be made out of him, in the event of an unsuccessful prosecution of his suit. He therefore prays that your Honor will so provide that another and further security may be given in the cause, so that he may be protected from ultimate loss, which he believes he will sustain without such provision. Dated 8 Mar 1848 & signed by Matthew Brickhouse.

There are several other documents relating to the suit by Jos. D. Hufton and others versus Matthew Brickhouse executor of William Brickhouse deceased.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of Hannah Brickhouse to John Meekins on 1 Feb 1790, John Brickhouse (son of William) security; also Sally Brickhouse to Robert Webster on 30 Mar 1816, Selvanus Davenport security; also Elizabeth Brickhouse to Henry Norman on 29 Sep 1799, John Norman Jr. security; also Jamima Brickhouse to Simeon Roads on 25 Apr 1809, Richard Brickhouse security; also Sidney Norman to James Cooper on 16 Dec 1826, William Norman security; and also Eliza Norman to Richard Alexander on 26 Jan 1835, William Norman security.

Updated November 6, 2021
Mike J. Schoettle