Return to Tyrrell County Probate Records North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.50), Box 50
Spruill, Samuel, 1837
Bond dated 25 Oct 1837 in the amount of eight hundred dollars appointing James Fagan administrator of the estate of Samuel Spruill deceased, Thos. H. Alexander & F. F. Fagan securities.
Summons dated the 1st Monday in March 1838 and issued 25 Jul 1838 for Samuel Rogers, Richard Davenport, Edward Spencer and wife, James Henry & George Iredell Spruill infants of Samuel Spruill deceased that they appear before the Judge of the Superior Court on the first Monday in September next and answer to a petition filed by Ebenezer Cahoon and wife for dower out of the lands of Samuel Spruill deceased.
Petition filed 24 July 1838 to be taken up at Fall Term 1838 by Ebenezer Cahoon and his wife Tabitha Cahoon stating that Samuel Spruill departed this life intestate some time in 1836 leaving your petitioner Tabitha his widow and three children to wit Tempe Ann now the wife of Edward Spencer, James Henry & George Iredell Spruill, both of whom are infants under the age of twenty one his heirs at law. Petitioners also show that Samuel Spruill was seized and possessed of a tract of about 150 acres adjoining Wm. Thompson, Samuel Rogers, Henry Harris & Starkey Hassell in which your petitioner Tabitha is entitled to dower. During his lifetime the said Samuel Spruill conveyed to his daughter Tempe Ann a 59 acre parcel of the said tract, and to his sons James Henry & George Iredell Spruill a 60 acre parcel of said tract and since the death of the said Samuel one Samuel Rogers and one Richard Davenport have become the purchasers of said lands and claim to be possessed thereof in fee simple to the exclusion of your petitioner Tabitha's right of dower and your petioners charge that the said conveyances of the said Samuel Spruill in his lifetime to his said children were fraudulent and void against your petitioner Tabitha and she is well entitled to her dower in said lands. Petitioners pray the court to appoint commissioners to lay off her dower in these lands.
Joint and several answer of Saml. Rogers & Richard D. Davenport in which they admit to most of petitioner's statements but have no idea if the conveyance to Tempe Ann was fraudulent to the widow, but even if that were so, petioner is not entitled to recover because they are purchasers under Edward Spencer who had intermarried with said Tempe Ann and in whose right it was seized. Defendants know nothing of the deed to the other children.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Saml. Spruill Jr. to Tabitha Spruill on 5 Feb 1821, W. B. Hodges security.
Return to Tyrrell County Probate Records