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Loose Estate Papers
Tyrrell County (C.R.096.508.52), Box 52
Swain, Joshua, 1835
Bond dated 26 Oct 1835 in the amount of five hundred dollars appointing Joanna Swain guardian to Betsy, William, Frances, George & Eliza Ann Swain orphans of Joshua Swain deceased, Henry Norman & William Norman securities.
Petition July Term 1836 by Johanah Huffton, late widow of Joshua Swain, who states that her husband Swain died intestate and she prays an order to lay off a year's allowance to her and her family out of the stock, crops and provisions on hand.
Petition July Term 1836 of Johanah Hufton, formerly the widow of Joshua Swain, who states that her husband Joshua Swain died seized and possessed of several tracts of land in which she is entitled to dower. She states further that he left five children under the age of 21 years and prays the court to appoint a guardian.
Bond dated 26 Jul 1836 in the amount of five hundred dollars appointing Joseph D. Hufton guardian to William Swain, Eliza Ann Swain, Franklin Swain & George Swain orphans of Joshua Swain deceased, Henry Norman, Thomas Hassell & Saml. Simons securities.
Petition January Term 1839 by Henry Norman & Thomas Hassell who were persuaded in 1836 by Joseph D. Hufton to be securities on his guardian bond for Elizabeth, William, Franklin, George & Eliza Swain and he then took possession of the estate of said children. At that time they thought he would properly manage the estate without any risk to your petitioners. To their disappointment they now feel he is wasting and mismanaging the estate. Petitioners pray that Joseph D. Hufton be compelled to give other security or removed from the guardianship of the said Elizabeth, William, Franklin, George & Eliza Swain and some other decent person be appointed in his place. Petitioners further pray that process issue commanding the said Joseph D. Hufton to appear.
Summons dated the 4th Monday in January 1839 for Jos. D. Hufton to be in court on the 4th Monday in April next to show cause, if any, why he should not be removed from the guardianship to his children of Joshua Swain or give other security agreeable to the petition of Henry Norman.
Bond dated 24 Apr 1839 in the amount of one thousand dollars appointing Henry Norman guardian to Wm., Frances, George & Eliza Swain orphans of Joshua Swain deceased, Thos. Hassell & Richd. D. Hassell securities.
Writ dated the 4th Monday in July 1839 for the Sheriff to take the body of Jos. D. Hufton and have him before the court on the 4th Monday in October next and answer unto Henry Norman, guardian to William, Franklin, George & Eliza Ann Swain, in a plea of trespass to his damage $300.
Undated appearance bond in the amount of $300 for Joseph D. Hufton to appear in court on the 4th Monday in October next to answer unto a writ at the instance of Henry Norman, E. Simmons & John Liverman securities.
Deposition at May Term 1840 by H. Norman in the case Swain Vs. Hufton. H. Norman makes oath that the deed under which his wards claim is in the hands of the defendant. That he sent to him for the deed belonging to his wards and received a bundle in which he supposed the deed was. His counsel however has just examined and finds said Hufton has retained the deed in his possession. [Henry Norman could not read.] He cannot try without the deed or a copy which he expects to get by next term.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Joseph Hufton to Joanna Swain on 20 May 1836, William Norman security; also Joshua Swain to Joannah Norman on 22 Dec 1816, Jesse Swain security.
The 1850 census of Tyrrell County shows the household of Joseph D. Hufton (53) with Joannah Hufton (50), Joseph H. Hufton (8), Mary Hufton (5) & Eliza A. Swain (18). Also George A. Swain (22) with Joannah Swain (21).
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