Return to Tyrrell Co Wills Introduction & Table of ContentsIn the name of God Amen: I Elizabeth Davenport being in good sound mind but in bad health do make this my last Will and Testament this 11th day of December 1843.
I give and bequeath to my daughter Levina Melson all my land swamp on the south side of the main road which leads to the road landing Halseys and Simmons northermost boundary containing 100 acres more or less that is to say all the land and Swamp up to Asa Etheridges so as to include the whole plantation whereon I now live, also one bed and furniture.
I give and bequeath to Mariah Sudock(?) the ridgefield plantation known by the name Crain land that is to say the land I bought whereon Hardy T Brickhouse lives, which land I bought of Haywood which will appear by reference to said Deed- also the old plantation whereon James Chaplin now lives.
I give and bequeath to my daughter Nancy Chaplin which land I bought of William Wynn which more full appear by reference to said deed. I give to my son William N. Davenport fifty acres of land more or less on the sound side whereon Richard Brickhouse lives which I bought of Amariah Biggs.
Also I give one hundred twelve acres more or less to my son Wm. N. Davenport where Edward Roughton lives which land I bought of N A Brickhouse and Co. which will more fully appear by reference to said deed.
Also one tract adjoining the lands of Joseph Wynne and Henderson S. Sutton containing 112 acres more or less which I bought at Sherriffs sale formerly belonging to Azail Davenport as I am bound to sale Halsey and Pettigrew 300 and 99 pine tree I reserve them to pay my debts off said lands. I have before allotted for my son and daughter to be cut off said land proportionalble according to compliment of acres.
Also I give to Ann Stephenson one dollar to be paid by my executor.
Also 100 dollars to be paid by my executor to Matilda Owens my granddaughter.
I leave the balance of my lands to be sold by my executor. Also negro man Jack and all stock of cattle, hogs house kitchen firnature one horse and the balance my estate to be sold on such terms as my executor may think proper. I also leave the Schooner Dalphin or my interest to be sold by my executor on such terms above mentioned after paying my just debts. I leave the neat proceeds of my estate to be equally divided between Levine Melson, Mariah Sadock(?), William N. Davenport, Nancy Chaplin to be paid to them by executor. I hereby leave Samuel S. Simmons my true and lawful Executor to this my last Will and Testament Day and date above mentioned.
Elizabeth (her x mark) Davenport
Witness: Isaac Cooper
Hardy T. (his x mark) Brickhouse
Asa Etheredge
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.16), Box 16
Davenport, Elizabeth, 1844
Petition January Term 1851 by James Chaplin and wife, Nancy who show that Elizabeth Davenport died some 7 years ago having published a last will and testament to which Saml. S. Simmons was appointed executor and received into his hands some $800 or $1,000 of good notes and accounts which he has reduced to cash. He has also received from sale of a negro and other chattel property some $1,000. These sums are not necessary to be kept on hand for payment of debts. The said Elizabeth, beside your petitioners. left William Chaddock and wife Maria, Sampson Melson and wife Lavinia and William N. Davenport who are entitled to receive distributions from said estate in the proportion of 1/4th each. The said William has since died and his widow Elizabeth is entitled to distribution of his fourth. The said James Chaplin has a judgement against the administrator of said Davenport but can find no property upon which to levy his execution. Since the administrator, Sampson Melson refuses to cal the interest of his intestate out of the hands of the said Simmons, your petitoner prays copies and subpoenas be issued to the said S. S. Simmons executor, to William Chaddock and wife Maria, Sampson Melson and wife Lavinia and to Elizabeth Davenport and upon their return the said Simmons be compelled to render an account of the administration of said estate and allot to said petitioners their share of said estate and enable him to get the judgement of $50 out of the money coming to the estate of the said Wm. N. Davenport.
Audited account of S. S. Simmons executor of the estate of Elizabeth Davenport deceased dated 25 October 1852. Amount due the estate is $599.86 after discounting $1117.70 in doubtful notes with assent of the plaintiff.
This file also has a number of documents dealing with recovery of debts due the estate and owed by the estate.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Lavinia Davenport to Sampson Melson on 6 Mar 1830, Wm. W. Chaddic security.
The deed of Elizabeth Davenport in Tyrrell County Deed Book 17, page 58 establishes that Elizabeth Davenport was the wife of Isaac Davenport. See the 1817 court minutes and estate papers of Isaac Davenport who left a will that no longer exists and to which Elizabeth Davenport was executrix and Jesse Alexander executor.
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