Return to Tyrrell County Probate Records North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.13), Box 13
Clayton, Sarah, 1815
Petition April Term 1816 by Charles Armour in right of his wife Mary and Mary his wife who state that a certain Asher Clayton did by deed executed the 22nd day of February 1794 convey negroes Tamer & Grace to Sarah Clayton during her natural life & after her decease the said negroes Tamer & Grace to Mary Clayton your now petitioner Mary Armour & Benjamin S. Clayton. Your petitioners further state that Sarah Clayton departed this life in July 1815 and there is an increase of said negroes to wit Tamer has issue three children Rhodie, Penny, Grace and Grace has issue eight children to wit Chana (?), Levasy (?), Alferd, Moses, Stephen, Peg, Simon & Abram. Tamer and her three children are now in petitioner's possession and Grace and her eight children are in the possession of Benjamin S. Clayton. Petitioners have requested a division of the negroes but Benjamin S. Clayton has refused. They pray the court to order partition of the negroes. John Gibson was security for the petitioners.
Summons issued 28 May 1816 for Benjamin S. Clayton to appear at court on the second Monday in July next to show cause, if any, why a division of negroes should not take place between the said Benjamin S. Clayton and Charles R. Armour in right of his wife Mary agreeable to the prayer of the petition of the said Charles R. Armour.
Answer October Term 1816 by Benjamin S. Clayton to the petition by Charles Armour & Mary his wife. He admits the negroes were given to the petitioner and this deponent as set forth in the bill and that John Clayton the father of Mary Armour and this deponent was appointed guardian to the said Mary and this deponent. This respondent further states that at the intermarriage of Charles Armour with Mary his sister, the said Charles requested the said John Clayton to divide these negroes between him who claimed in right of his wife and your respondent. Your respondent states that the said John Clayton did divide the said negroes as equally as he could and the said Charles Armour then and there received his part of said negroes with which he profesed himself perfectly satisfied at that time and after. The division above mentioned took place 7, 8 or 9 years ago and at the time of the division Charles Armour got a negro woman and two children and the said John Clayton divided to this respondent a negro woman and three children and it was the opinion of Mary that the said Charles got the most valuable share as the said Charles often acknowledged. Your respondend charges that he has been at great expense and trouble raising what children his negroe woman has had, your respondent therefore prays that as a division was lawfully made, and as his share has become more valuable by mere accident, and as the said Charles was satisfied ane received his share all of which your respondent is able to prove respondent prays for dismissal. Sworn to in open court by Benjamin S. Clayton on 15 Oct 1816.
Summons in April 1817 for David Clayton & Jeremiah Wynne to appear at court on the second Monday in April next to testify on behalf of Benjamin S. Clayton in a suit wherein Charles R. Armour is plaintiff and Benjamin S. Clayton is defendant.
Summons issued the second Monday in April 1817 for Jno A. Patrick & Jos. White to appear at court on the second Monday in July next to testify on behalf of Benjamin S. Clayton in a suit wherein Chas. Armour is plaintiff and B. S. Clayton is defendant.
Appeal bond dated 14 Jul 1817 by Benjamin S. Clayton who lost the suit with Charles R. Armour in the Court of Pleas and Quarter Sessions and is appealing the decision to the Superior Court.
Transcriber's Notes:
Asher Clayton of Perqimans County conveyed negroes Tamer, Grace & Joe and other property to his mother Sarah Clayton and her children Benjamin Sutton Clayton and Mary Clayton on 22 Feb 1794 in a deed of gift. Sarah Clayton to have a life estate and at her death everything to Benjamin Sutton Clayton & Mary Clayton.
In another related deed Asher Clayton of Perquimans County conveys to David Clayton and Benjamin Sutton Clayton, sons of John Clayton of Tyrrell County on 22 Feb 1794 for 500 pounds all right and title in 280 1/3 acres on the west side of Great Alligator River. Land includes property conveyed by Richard Wood to Richard Clayton.
Tyrrell County marriage bonds show the marriage of Polly Clayton to Charles Armour on 28 Apr 1806, William Clayton security.
Return to Tyrrell County Probate Records