Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God amen: I Benjamin Dillen of the County of Tyrrell in the State of North Carolina being this 11th day of October 1807 very sick in body but in perfect mind and memory do make and ordain this my last will & testament in manner and form following.
I lend to my well beloved wife Charlotte Dillen the use of my whole estate both real and personal to raise and educate my children and to finish the chimneys to my dwelling house. My will and desire is that when either of my children should marry or come to full age or my wife should marry then my whole estate is to be equally divided between my wife & children share and share alike I give and bequeath to my daughter Britania Dillen one negro girl named Priss instead of the land that I possess as it is not my desire that she should have any part thereof. I hereby empower my executrix & executor to sell as much of my movable property as will settle all demands against me. I also request my executors to sell my negro man Jack at their own disposal and the money arising therefrom shall be put to the use my executors thinks proper. I do hereby constitute and appoint my well beloved wife executrix & James Dillen executor of this my last will and testament in witness whereof I have hereunto set my hand and seal the day and year above written.
Benjamin Dillen (Seal)
Signed Sealed and acknowledged
pronounce in presence of us
Samuel Spruill
Kezia Dillen
Minutes
Tyrrell County Court of Pleas & Quarter Sessions
October Session 1807
The last will and testament of Benjamin Dillin was proved in open court by the oath of Samuel Spruill and Kiziah Dillin filed.
James Dillin came into court and quallified as executor to the last will and testament of Benjamin Dillin also Charlotte Dillin widdow of the said Benjamin Dillin quallified executrix of said will filed.
August Session 1808
An inventory and account of sales of the estate of Benjamin Dillen was returned in court by James Dillen on oath filed.
July Session 1811
Ordered that James Hoskins and Levi Batman Esqr. audite and settle the accounts betwen James Dillen and the estate of Benjamin Dillen and make return to next court.
Ordered that the executors of Benjamin Dillen have leave to sell the movable estate of Benjamin Dillen deceased and make return to next court.
October Session 1811
Henry Alexander Junr. returned in court an account of sales of part of the estate of Benjamin Dillin deceased sold the 11th Sept. 1811.
Ordered that James Hoskins Samuel Spruill and Daniel Sawyer or a majority of them be appointed to audite and settle the account of James Dillen as executor of Benjamin Dillen deceased and make report to next term.
Ordered that James Dillin be allowed the sum of thirty five pounds, five shillings for his extra expenses in selling the estate of Benjamin Dillen deceased then the auditors allow the same, account filed.
Ordered that the clerk issue a commission to take the deposition of John Dillin in the state of Tennesee concerning what he may know about the settlement of the estate of Benjamin deceased.
July Session 1812
Samuel Spruill Daniel Sawyer & Thos. Leigh be & continue to audite the accounts of the estate of Benjn. Dillin & make report to next court.
October Session 1812
Ordered that Isaac Alexander be appointed guardian to James Dillin Zachariah Dillin Samuel Dillin & Brittanney Dilin orphans of Benjamin Dillin deceased and has given bond in the sum of four thousand pounds Richard Davis and Isaac Owens securities.
Ordered that Samuel Spruill Esqr. be appointed guardian pro tempor to the heirs of Benjamin Dillen deceased.
Ordered that James Hoskins Richard Davis & Thomas Leigh be appointed to audite and divide the personal estate of Benjamin Dillen among the lawfull representatives & make return to next court.
Ordered that Samuel Spruill Daniel Sawyer and Thomas Leigh be appointed to audite and settle the estate of Benjamin Dillen deceased and make return next court.
January Session 1813
James Dillen returned in open court the audited accounts of the estate of Benjamin Dillin deceased with himself as one of the executors of said deceased and find a ballance due the estate of $99.99.
April Session 1813
Ordered that Samuel Spruill Daniel Sawyer & Thomas Leigh Esqrs or any two of them be appointed to audite the accounts of the estate of Benjamin Dillin deceased and make return to next court and the executor James Dillen pay the cost.
April Session 1814
Ordered that Saml. Spruill Danl. Sawyer Esqr. & Thos. Lee or any two of them audite the estate of Benjn. Dillen deceased & make return to next term.
July Session 1814
The audited account of Benjn. Dillen was returned to court & ordered filed.
Ordered that Jesse Alexander be appointed guardian to James Dillin Zachariah Dillin Samuel Dillin & Brittanna Dillin in the place of Isaac Alexander and have given bond and security in the sum of two thousand dollars Col. Zebulon Tarkenton & William Cohoon securities.
Ordered that Samuel Spruill Thomas Leigh and Daniel Sawyer be appointed to audite & settle the accounts between Isaac Alexander former guardian and the present guardian of the orphans of Benjamin Dillin deceased and make return to next court.
July Session 1817
Col Jesse Alexandr guardian to the orphans of Benjamin Dillon deceased returned in open court the amount of hire of negroes for the year 1815 balance due the guardian six dollars and 85 cents - - - also account of sales of his said negroes for 1816 balance due the heirs one hundred and fifty dollars and 74 cents - - - amount of rent of land from 1815 to the year 1820 to amount of one hundred and thirty five dollars.
January Session 1818
Ordered that Henry Alexander be appointed guardian to James Zachariah Samuel Britania Dillin heirs of enjamin Dillin deceased & have given bonds in the sum of five thousand dollars Thomas Leigh & William Spruill securitys.
Ordered that James Hoskins Thomas Leigh Samuel Spruill Robt. J. Pledger and Selby Patrick be appointed auditors to audite & settle the accounts of Col. Jesse Alexander deceased former guardian to the heirs of Benjn Dillen to wit: James Dillin Zachariah Dillin Samuel Dillin Brittania Dillin between the former & present guardian & make return to the next term.
July Session 1818
Ordered that James Hoskins Thomas Leigh Samuel Spruill Robert J. Pledger & Silby Patrick be appointed auditors to audite & settle the accounts of Col. Jesse Alexander deceased former guardian to the heirs of Benjamin Dillen to wit James Dillen Zachariah Dillen Samuel Dillen Britannia Dillen between the former and present guardian and make return to next term.
October Session 1818
Ordered that James Hoskins Daniel Sawyer Samuel Spruill Robert J. Pledger & Selby Patrick or any three of them be appointed to audite & settle the accounts of Col. Jesse Alexander deceased former guardian to the heirs of Benjamin Dillen to wit James Dillen Zachariah Dillen Samuel Dillen & Brittanna Dillen between the said former guardian & said heirs & make return to the next term.
January Session 1819
The account of sales of the hire of negroes belonging to the estate of Benjn. Dillin deceased from 2d January 1819 to the first January 1820 & file returned by Henry Alexander.
Ordered that Frederick Alexander be appointed guardian to James, Zachariah, Brittanna & Samuel Dillin orphans of Benjn. Dillin deceased & entered into bond in the sum of one thousand pounds each Lemuel Basnight & John Alexander securities ordered that he receive the estate of said orphans & account for the same as the law directs.
Ordered that Col. Richd. Howett Mathew Brickhouse Thomas Leigh Samuel Spruill & Sylvia Patrick or any three of them be appointed to audite & settle the accounts of Jesse Alexander former guardian to the heirs of enjn. Dillen & the executor of Henry Alexander deceased & make report to the next term.
Ordered that Samuel Spruill Thomas Leigh Selby Patrick Richd. Howett & Matthew Brickhouse or any three of them be appointed to audite & settle the guardian accounts of the heirs of enjn. Dillin betwen the executor of Henry Alexander deceased former guardian to said heirs & Frederick Alexander present guardian & make report to the next term.
April Session 1819
The audited account between Jesse Alexander former guardian to the heirs of Benjamin Dillen deceased & said heirs was returned to court & filed.
The audited account of Henry Alexander former guardian to the heirs of Benjn. Dillen deceased & said heirs was returned to court & filed.
July Session 1819
Division of the negroes belonging to the estate of Benjamin Dillen deceased was returned to court & filed.
Division of the ballance of the notes belnging to the estate of Benjamin Dillen deceased was returned to court & filed.
January Session 1820
Frederick Alexander guardian to the heirs of Benjn. Dillen deceased returned in oipen court on oath his guardian accounts and said heirs hire of negroes for 1820 & filed.
April Session 1821
Frederick Alexander guardian to the heirs of Benjn. Dillen deceased returned in open court on oath an account of sales of the hire of negroes belonging to said estate & filed - - for 1821.
April Session 1822
The following persons appeared in open court & renewed their guardian bonds as the law requires viz. - Frederick Alexander guardian to Brittanna Dillen Frederick Alexander guardian to Samuel Dillen Hannah Davenport guardian to Fredrick Davenport Nancy Spruill guardian to Nathan Spruills orphans John Roughton guardian Phillis Roughtons children John Alexander Major guardian to Joseph & Polly Melson John Alexander Major guardian Michael Alexander Richard Howett guardian to Elizabeth Howett Richard Howett guardian to Martha Howett Frederick Alexander guardian to Zach. Dillen & Edmund Alexander guardian to Jesse Alexanders orphans all of whom entered into bonds with approved security & their several bonds filed.
Frederick Alexander guardian to the heirs of Benjn. Dillin returned in open court on oath his guardian accounts of said heirs for hire of negroes & rent of land for 1822 & filed.
April Session 1823
Frederick Alexander returned his guardian accounts of the heirs of Benjamin Dillen on oath in open court stating a ballance due the heirs for the year 1823 of $54.16 & filed.
July Session 1823
Ordered that Samuel Spruill Edmund Alexander & Ephraim Mann be appointed to audite & settle the accounts between the administrator of Frederick Alexander deceased former guardian to the heirs of Benjn. Dillen & John Thoroughgood the resent guardian to said & make report to the next term.
John Thoroughgood was appointed guardian to Britanna & Saml. Dillin orphans of Benjn. Dillin deceased who entered into bond with approved securities, ordered that he recieve the estate of said orphans into his possession & account for the same as the law directs.
October Session 1823
Report of auditors between Frederick Alexander deceased former guardian to Britanna & Samuel Dillen heirs of Benjn. Dillen deceased and John Thoroughgood present guardian of said heirs was returned to court & filed.
October Session 1826
Ordered that Ephraim Mann, Leml. Basnight & Jno. Midyett be appointed auditors to settle the accounts between Brittania Dillen and her guardian Jno. Thorogood.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.18), Box 18
Dillin, Benjamin, 1807
Summons dated 2 May 1808 for Ann Roughton and James Dillin & Charlotte Dillin executors of Benjamin Dillin deceased to appear at next court to answer a plea of Henry Alexander and Phillis his wife for a debt of $75.
Summons dated the first Monday of May 1808 and issued 26 Jun 1808 for James Dillin & Charlotte Dillin executor and exeutrix of Benjamin Dillin deceased to appear at next court to answer to Thomas Leigh that they pay a debt of sixty five pounds 10 shillings & 8 pence which they unjustly detain from him.
Summons dated 28 Dec 1809 and issued 19 Mar 1810 for Charlotte Dillin and James Dillin executors of Benjamin Dillin deceased to appear in court on the 4th Monday in March to answer the petition of Edward Hunnings on a plea of tressass with damages of three hundred pounds.
Petition June term 1810 by James Dillin executor of Benjamin Dillin deceased who states that Benjamin Dillin died considerably in debt for which judgements and executions have been obtained and the personal estate that has been sold is not sufficient to satisfy these debts. Petitioner requests and order authorizing him to sell one of the negroes of the said estate.
Deposition taken by Daniel Sawyer J. P. on 9 May 1911 from John Dillin concerning a matter at issue in the Superior Court wherein Edward Hunnings is plaintiff and the executors of Benjamin Dillin are defendants. Deponent states that Edward Hunnings purchased sundry articles for Benjamin Dillin in Edenton that were to be used in building a house and undrstod at the time that the account was to be repaid in lumber. Said Hunnings asked for the lumber at a time when B. Dillin was away from home and the deponent was asked to deliver a certain quantity of lumber to a Mr. Joseph Gray and take his receipt for the same in behoof of said B. Dillin which he did. At the time he delivered the receipt to said B. Dillin said Hunnings was present and looked at the receipt and the deponent remembers hearing said Hunnings mention the amount of his demand for said articles, and for the discharge of which nearly enough lumber had been delivered and the said Hunnings mentioned the deficiency but he does not recollect the exact amount but believes it was between ten and twenty shillings.
Bond dated 27 Dec 1810 in the amount of two hundred pounds in which James Dillin promises to pay Edward Hunnings forty nine pounds plus cost of suit by Edward Hunnings against the executors of Benjamin Dillin deceased. Edward Hunnings prevailed in the suit in the Court of Pleas & Quarter Sessions and it is now being appealed to the Superior Court by James Dillin & Charlotte Dillin. Should they lose the appeal, this is a promise to pay.
Summons dated 9 Apr 1811 and issued 27 Jul 1811 for James Dillin & Charlotte Alexander wife of Isaac Alexander and both executors of Benjamin Dillin deceased to answer a plea of Azariah Baum that they repay a debt of $175 plus $100in damages.
Petition October term 1812 by Isaac Alexander in right of his wife Charlotte and James Dillin Zachariah Dillin Samuel Dillin and Britania Dillin infants by their guardian Isaac Alexander stating that Benjamin DillinCharlotte one of the petitioners widdow of the said Benjamin Dillin his executrix and James Dillin his executor. Charlotte widdow of the said Benjamin Dillin has since intermarried with Isaac Alexander one of the petitioners. James Dillen executor as before mentioned sold property of his testator to the amount of $220.02 which came exclusively into his hands and he has since failed to account for it despite numerous demands. Petitioners therefore pray that subpoena issue and be served on the said James Dillin that he may on oath state the amount of property in his hands belonging to the estate of the testator and paticularly relating to the sum of $220.02.
Summons dated 15 Oct 1812 and issued 2 Jan 1813 for James Dillin to appear in court and testify to the truth of petitions from Isaac Alexander and others.
Bond dated 20 Oct 1812 in the sum of four thousand pounds in which Isaac Alexander is appointed guardian of James Dillin Zachariah Dillin Samuel Dillin & Britaney Dillin orphans of Benjamin Dillin deceased with Richard Davis Esqr. & Isaac Owens securities.
Bond dated 12 Jul 1814 in the amount of one thousand pounds appointing Jesse Alexander guardian to James Dillin Zachariah Dillin Brittana and Samuel Dillin orphans of Benjn. Dillin deceased with Zebulon Tarkenton & Wm. Cohoon securities.
Bond dated 10 Jan 1818 in the amount of five thousand pounds appointing Henry Alexander Senr. guardian of James Zachariah Samuel & Brittana Dillin orphans of Benjn. Dillin deceased with William Spruill & Thomas Leigh securities.
Bond dated 1 Jan 1819 in the amount of one thousand pounds appointing Frederick Alexander guardian of Samuel Dillin orphan of Benjamin Dillin deceased with John Alexander & Thomas Leigh securities.
Bond dated 12 Jan 1819 in the amount of one thousand pounds appointing Frederick Alexander guardian of James Dillin orphan of Benjamin Dillin deceased with John Alexander & Lemuel Basnight securities.
Bond dated 12 Jan 1819 in the amount of one thousand pounds appointing Frederick Alexander guardian of Zachariah Dillin orphan of Benjamin Dillin deceased with John Alexander & Thomas Leigh securities.
Bond dated 12 Jan 1819 in the amount of one thousand pounds appointing Frederick Alexander guardian of Brittanna Dillin orphan of Benjamin Dillin deceased with John Alexander & Thomas Leigh securities.
Petition April Term 1819 by Isaac Alexander in right of his wife Charlotte & his wife Charlotte saying that Benjamin Dillin in his lifetime made a will and then died in October 1807. Your petitioner Charlotte and James Dillin were nominated and appointed executors. Your petitioners further show that the will stipulates that if his wife marries the estate is to be divided among his wife and children share and share alike. The said Benjamin Dillin died leaving Charlotte his wife since intermarried with Isaac Alexander your petitioner on or about 5 Aug 1810 and children to wit James Dillin Zachariah Dillin Samuel Dillin & Brittania Dillin and Frederick Alexander was appointed guardian to the aforementioned children. Your petitioners therefore pray that the lands and personal estate of Benjamin Dillin be divided among the lagatees and a copy of this petition be given to Frederick Alexander.
Division of the negroes of Benjamin Dillin deceased on 8 May 1819 by Saml. Spruill Thos. Leigh Silby Patrick and Richard
Howett according to court order of April Term 1819:
Charlotte Alexander the former widow of Benjamin Dillin deceased drew Noah & Suckey valued at $775.
James Dillin drew Jefferson & Lydia & child Isaac valued at $1,000.
Zachariah Dillin drew Caleb & Hulda valued at $850.
Samuel Dillin drew George & Dolley valued at $800.
Brittaney Dillin drew Batten & Charles valued at $800.
To make the division equal, James Dillin has to pay Charlotte Alexander $70, James Dillin has to pay Samuel
Dillin $45, James Dillin has to pay Brittana Dillin $40 and Zachariah Dillin has to pay Brittana Dillin $5.
Division of the balance of the estate of Benjamin Dillin deceased in the hands of Frederick Alexander the present guardian amongst the legatees. Balance due the heirs of $93.13.
Summons dated the first Monday in April 1820 and issued 5 Jun 1820 for Lemuel Basnight & Britain Hoskins to appear at next court to answer a plea by Henry Alexander guardian to the heirs of Benj. Dillin deceased that they render unto him one hundred and nine dollars which they unjustly detain.
Summons dated the first Monday in April 1820 and issued 5 Jun 1820 for Lemuel Basnight & Edward Hunings to appear at next court to answer a plea by the guardian to the heirs of Benj. Dillin deceased that they render unto him seventy one dollars and fifty cents which they owe and unjustly detain.
Bond dated 2 Apr 1822 in the amount of one thousand pounds appointing Frederick Alexander guardian of Samuel Dillin orphan of Benjamin Dillin deceased with Richd. Howett & Matthew Brickhouse securities.
Bond dated 2 Apr 1822 in the amount of one thousand pounds appointing Frederick Alexander guardian of Brittania Dillin orphan of Benjamin Dillin deceased with Richd. Howett & Matthew Brickhouse securities.
Bond dated 2 Apr 1822 in the amount of one thousand pounds appointing Frederick Alexander guardian of Zachariah Dillin orphan of Benjamin Dillin deceased with Richd. Howett & Matthew Brickhouse securities.
Bond dated 30 Jul 1823 in the amount of fifteen hundred pounds appointing John Thoroughgood guardian of Brittana and Samuel Dillin minor orphans with Abram Pledger & Ephraim Mann securities.
Bond dated 13 Sep 1823 in which Isaac Alexander attorney in fact of James Dillin & Zachariah Dillin and Jesse Alexander and Ephraim Mann are bound in the amount of four thousand and thirteen dollars. The condition of the bond is that Abraham Pledger administrator of Frederick Alexander deceased guardian to James Dillin & Zachariah Dillin has paid over to said Isaac Alexander attorney in fact the equal part of the estate of Benjamin Dillin deceased viz. Jefferson Lidia Isaac Joseph & Elijah which was divided to James Dillin and Caleb & Huldah which was divided unto Zachariah Dillin valued at two thousand dollars and a further sum of six dollars and 49 cents which was in the hands of Fredrick Alexander. Should any further debts arise chargeable to the estate of Benjamin Dillin the above bounden Isaac Alexander attorney in fact and Jesse Alexander & Ephraim Mann will pay their ratable portion of such debt.
Transcriber's Notes:
There are many summons, executions, promissory notes, etc. in the estate papers that were not included here and continuing to 1830.
Those excluded seemed to have little genealogical value beyond what is shown here.
Tyrrell County marriage bonds show the marriage of Benjamin Dillon to Charlotte Hunnings on 24 Apr 1799, James Hassell security.
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