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Tyrrell County Court of Pleas & Quarter Sessions
January Session 1842
Ordered that Benjamin Spruill, James I. Pledger & John McClees settle the estate of Edna Swain with Joseph McClees administrator.
North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.51), Box 51
Swain, Edney, 1840
Promissory note dated 15 Jan 1838 in which Edne Swain & Joseph McClees promise to pay $152.36 1/2 on order to H. G. Spruill for value received. Witnessed by Henry Covert. Note on rear dated 1 Nov 1840 showing receipt from Joseph McClees, security of the within note, of the principal and interest due. Signed by John Sanderson and witnessed by H. G. Spruill.
Petition at January Term 1841 by Joseph McCleese administrator of Edney Swain deceased stating the Edney Swain departed this life intestate on or about 10 December 1840 and that administration on her estate was granted at this term to your petitioner, he being her greatest creditor. Your petitioner was security for Edney Swain on a note of hand dated 15 January 1838 payable to Hezekiah G. Spruill for $152.34 1/2 and petitioner took up this note, making the estate indebted to him in the amount of the note plus interest due thereon. Petitioner further states that the personal estate of the said Edney is far insufficient for the satisfaction of said debt and that said Edney died seized and possessed of a tract of 100 acres of land bounded by the heirs of Ephraim Mann, the heirs of James McAllister, Lois Swain, Joseph McCleese & John McCleese. This land descended from the said Edney to her heirs at law who are Daniel Swain of full age, Mariah Ann Swain a minor and William Swain who is also a minor. Petitioner is desirous of recovering his said debt by execution against the real estate of said Edney and her heirs.
Summons dated the 4th Monday in January 1841 and issued 6 Feb 1841 for Daniel Swain, Mariah Ann Swain & William Swain to be at court on the 4th Monday in April next to answer the petition of Jos. McClees, administrator of Edney Swain, in a case in which Jos. McClees is plaintiff and Daniel Swain, Mariah Ann Swain & William Swain are defendants.
Answer to the petition of Jos. McCleese at April Term 1841 by Jos. Halsey guardian ad litem to Mariah Ann & William Swain who admit to the charges of Jos. McCleese and submit to a court decree.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of James Swain to Edney Roughton on 28 Jun 1809, Benjamin Fisher security; also Daniel Swain to Fanny Phelps on 25 Apr 1837, Wm. Mann security.
See the 1835 will of James Swain.
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