North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.51), Box 51
Swain, Benjamin, 1835

Petition January Term 1836 by Abigail Swain who shows that her late husband, Benjamin Swain, died intestate in 1835 seized and possessed of 100 acres of land bounded by the lands of Jeremiah Swain & Abram Swain in which she is entitled to dower. She prays an order to the Sheriff to lay off her third part of said land. She shows that said lands have descended to Will Reynolds and wife Milly, Elizabeth Swain, William Swain, John Swain & Mary Swain, his heirs at law, of whom the four latter are minors without guardian. She therefore requesta a guardian ad litem be appointed.

Petition January Term 1836 by Abigail Swain whose late husband Benjamin died intestate making no provision for support of herself and family. She prays a court order to lay off her year's allowance from the estate.

Writ dated the 4th Monday in January 1836 for the Sheriff to gather a jury and lay off the dower of Abigail Swain in the lands of her deceased husband, Benjamin Swain, agreeable to her petition at the last term of this court.

Laying off of the dower of Abigail Swain in the lands of her deceased husband, Benjamin Swain, on 20 Apr 1836 by D. S. Godfrey, Deputy Sheriff, and Wm. Tarkinton, Leven Davis, Jesse Brickhouse, Thos. Hassell, R. Brothers, Uriah Swain, S. S. simmons, Joshua Hassell, John T. Wynne, John Tarkinton, Joseph Hassell & Jesse Hassell.

Writ dated 8 Feb 1837 for the Sheriff to arrest the body of Wm. Reynolds, guardian to the heirs of Benjamin Swain deceased, and have him before a Justice of the Peace at Columbia on the 11th instant to answer the complaint of Abraham Swain in a plea of debt due by ticket in the sum of $1.46.

Bond dated 27 Apr 1837 in the amount of five hundred dollars appointing Thos. Hassell administrator of the estate of Benj. Swain, Matthew Brickhouse & Samuel S. Simmons securities.

Summons dated the first Monday of September 1837 for Jos. Swain, Benjamin Brickhouse & Abram J. Swain to appear at the Superior Court of Law to testify on behalf of the defendants in a case in which Henry Norman is plaintiff and Benjamin Swain's heirs are defendants.

Appearance bond dated 26 Oct 1837 in the amount of two hundred dollars for Henry Norman to appear at the next session of the Superior Court wherein he has appealed a case that he lost in the Court of Pleas & Quarter Sessions that he brought against Benjamin Swain's heirs, securities.

Summons dated October 1837 for F. F. Fagan, Benjamin Brickhouse, Jos. Halsey & Abraham J. Swain to appear at the Superior Court of Law on the first Monday in March next and testify on behalf of Henry Norman in a case in which Henry Norman is plaintiff and Benj. Swain's heirs are defendants.

Summons dated the first Monday in March 1840 for Saml. Leigh to be at the Superior Court of Law on the first Monday of March and testify on behalf of the defendant in a case in which Henry Norman is plaintiff and Benj. Swain is defendant.

Writ issued 15 Sep 1840 for Henry Norman to be at the Superior Court of Law on the first Monday in March next and pay the $156.43 he owes for costs in a suit between himself and the heirs of Benjamin Swain of which Henry Norman is convicted.

There are several other documents dealing with suits mentioned above and a suit by Jos. D. Hufton against the estate for debt.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of William Reynolds to Milly Swain on 5 Apr 1833, Abraham J. Swain security.

Tyrrell County marriage bonds also show the marriage of Benjamin Swain to Joannah Rhoads on 23 Jan 1822, James Godwin Security. Joannah Rhoads is cited as the daughter of Levin Rhoads in his 1817 will. So Abigail is probably not the first wife of Benjamin Swain.

Return to Tyrrell County Probate Records

Updated August 8, 2024
Charles W. Barnes