Currituck County Estates

Abram Baum - 1888, 1890, & 1908

[This is a compilation of 3 estate records, all for the same man.  I did not abstract all documents in the 3 folders.  The first folder was entitled A. Baum 1888, the second was entitled Abram Baum 1890 and the last folder was entitled A. Baum 1908.  The 1888 folder held the probate of Abram's will which I have now attached to the bottom of his will.  The other document in the 1888 folder was the small inventory taken by his son, E.W. Baum.]

10 Sep 1888 - Inventory of the chattel property of A. BAUM taken by E.W. BAUM, admr with the will annexed.  10 small pigs, 5 shotes, 1 white hog, 2 work stears, 10 head of sheep, more or less.  The above property is not mentioned in the will of testator.  "I have not took an inventory of the chattels mentioned in the will not knowing whether it is proper or not".  /s/ E.W. BAUM

19 Apr 1890 - Petition of E.W. BAUM, admr of Abram BAUM, decd., to sell land for assets, vs. Mason HAMPTON & wife Mary J. and their children Lewis, Bessie and Albert; Edmund McHORNEY & wife Louisa and their children Carrie and Edmund; J.J. DUNTON & wife Parmelia and their children Jno. J. and Wm. B.; Jordan BROWN & wife Alexena and their child [not named here but 2 children named below]; Thomas BAUM, Jacob BAUM & Patsey BAUM E.W. BAUM respectfully shows the Court that Abram BAUM died on or about July 1888 leaving as his devisees and heirs at law Mary J. HAMPTON, Louisa McHORNEY, Parmelia A. DUNTON & Alexena BROWN whose husbands are named above, Thomas BAUM, Jacob BAUM, & Patsey BAUM, Lewis HAMPTON, Albert HAMPTON & Bessie HAMPTON, Caroline & Edmund McHORNEY, Jno. J. DUNTON, JR. and Wm. B. DUNTON, and Gertrude & Alonzo BROWNE.W. BAUM also states that he qualified as administrator of Abram BAUM in September 1888 and that the outstanding debts due from the estate amount to about $500.000 but the value of the personal estate is only worth about $478.00 which is inadequate to pay off and satisfy the debts and costs of administration; that the same has been paid out with the exception of about $45.00 which is now in the hands of the administrator; that Abram BAUM was seized of the following real estate at the time of his death:
    1. The home tract in North River Sound adjoining the lands of Dr. LAND, Jas. JARRETT and the Belanga tract containing 300 acres and worth about $1.50 per acre.
    2. The Belanga tract south of the home tract on North River Sound adjoining Dr. LAND and containing 29 acres worth about $2.00 per acre.
    3. The Hampton or Oneal land conveyed to Mary J. HAMPTON in the will of Abram BAUM & now occupied by her lying on Narrow Shore and adjoining N. HAMPTON and T. WHITEHALL containing 50 acres worth about $5.00 per acre.
    4.  The store house & lot of one acre adjoining BUNNELLs heirs & VanSLYCK worth about $800.00.

The following heirs are minors under 14 years of age--Carrie McHORNEY, Lewis, Bessie & Albert HAMPTON, Edmund McHORNEY, Jno. J. DUNTON, JR. & Wm. B. DUNTON and Gertrude & Alonzo BROWN.

In order to properly administer the estate and pay the cost of administration it will be necessary to sell said land or a part of it and convert the same into assets for payment, at least of said debts.  Wherefore E.W. BAUM asks the Court to appoint a guardian ad litem to act for and in behalf of the said infants named.

23 May 1890 - 1st Commissioners Report but set aside upon exceptions filed.  The Commissioners find that the land left to Mary Jane HAMPTON & children was worth $175.00; the land left to Louisa McHORNEY & Permelia A. DUNTON was worth $350.00; the land left to Thomas BAUM was worth $150.00; the land left to Jacob BAUM was worth $175.00; the land left to Patsey BAUM was worth $100.00; the land left to Alexana BROWN & children was worth $100.00.  This value was made at the date of death of said BAUM.  /s/ T.J. LITCHFIELD, T.B. LITCHFIELD

17 Nov 1890 - E.W. BAUM, admr of A. BAUM vs. E.M. McHORNEY & wife and others - Said appraisers were not sworn to make a fair valuation of the said lands; they did not go upon the lands before they made the valuation so as to inform themselves of the true value; that the lands of Mary Jane HAMPTON and the lands left to Louisa McHORNEY and Permelia A. DUNTON were not valued by the appraisers at their true value.  Therefore it is ordered that the commissioners report be set aside and that a new valuation be made.  /s/ H.B. ANSELL, C.S.C.

29 Nov 1890 - Order for Reappraisal of land - Appraisers met on Nov. 29, 1890 on the premises of the late A. BAUM and proceeded to value the shares of the said devisees.  They found that the lands left to Mary Jane HAMPTON & children was worth $200.00; the land left to Louisa McHORNEY & Permelia A. DUNTON was worth $400.00; the land left to Thomas BAUM was worth $130.00; the land left to Jacob BAUM was worth $170.00; the land left to Patsy BAUM was worth $90.00; and the land left to Alexana BROWN & children was worth $90.00.  /s/ J.H. BRUMSEY, J.J. WILLIAMS, Peter POYNER

circa 6 Jan 1891 - Indebtedness of the estate of A. BAUM - a fairly lengthy list of debts including Dr. J.P. GARENTON's medical bill and Court costs.  Sale of mill to go to Mrs. McHORNEY & DUNTON ($56.88).  Valuation of devisee's lands by the last appraisers:
    McHORNEY & DUNTON's store lot and sale of mill - $456.88
    Mrs. HAMPTON's land - $200.00
    Thos. BAUM's land - $130.00
    Jacob BAUMs land - $170.00
    Patsey BAUMs land - $90.00
    Alexena BROWNs land - $90.00

    Mrs. Mason HAMPTONs share of indebtedness - $82.22
    Mrs. Louisa McHORNEYs share of indebtedness - $93.92
    Mrs. John DUNTONs share of indebtedness - $93.92
    Thomas BAUMs share of indebtedness - $53.36
    Jacob BAUMs share of indebtedness - $69.88
    Patsey BAUMs share of indebtedness - $37.01
    Alexena BROWNs share of indebtedness - $37.01
    Cash in the hand of E.W. BAUM, Admr - $45.16

8 July 1908 - Thomas S. BAUM, plaintiff, vs. J.E. OWENS, Warnie BAUM, Martha A. SMITH & husband, John SMITH, defendants - Petition for Partition of land.  The plaintiff, Thomas S. BAUM, states that he and J.E. OWENS, Warnie BAUM and Martha A. SMITH are tenants in common and in possession in fee simple of a tract of swamp land situated in Poplar Branch Township of Currituck County.  Said land lies on the East side of the North River at the head of Barnett's Creek and adjoins the lands of Thomas S. BAUM, J.E. OWENS, Warnie BAUM and Martha A. SMITH, containing 1271/10 acres.  Said tract of land was granted to A. BAUM, now deceased, in 1883 (Book 37, pages 186 & 187 Register of Deeds Office, Currituck Co., NC).  Plaintiff owns 1/4 of said land, and the defendant J.E. OWENS owns 1/4 and the defendants Warnie BAUM and Martha A. SMITH own the other half as follows:  Jacob BAUM owned 1/2 of the said land and he died leaving Martha A. SMITH his widow, who has since married John SMITH who is entitled to dower in his interest in said land.  Jacob BAUM also left one child, Warnie BAUM, who is under the age of 14 and has no guardian. The plaintiff states that the swamp land was given to him by A. BAUM in his last will and testament and he desires to hold his share in severalty.  The interest of the defendant James E. OWENS in the said tract was conveyed to him by W.H. FORBES and wife and to said T.C. TATEM by T.E. NEWBERN and wife and to said T.E. NEWBERN by E.W. BAUM, admr of A. BAUM, by order of Court, the interest of Alexena and Patsy BAUM devisees under said will being sued? by Court.  One-half of the interest of the defendant Warnie BAUM and his mother Martha SMITH in said tract was given to Jacob BAUM, now deceased, father of said Warnie BAUM and former husband of said Martha A. SMITH by A. BAUM in his will and the other half of their interest was conveyed to Jacob BAUM by T.A. TATEM and to T.A. TATEM by T.W. NEWBERN and wife and to T.W. NEWBERN by E.W. BAUM admrA. BAUM in his last will and testament did give and bequeath unto his wife Polly the farm on which he resided known as the home tract and the 27 acres known as the BELANGA land containing 200 acres of high land and 30 acres of swamp land during her natural life and after her death to her 4 children: Thomas, Alexena, Patsy, and Jacob.  He gave to the plaintiff 1/4 part of the above named land on the South side including the BELANGA land in fee simple after the death of his wife Polly.  He gave to his wife's daughter Alexena 1/4 part for her natural life and after her death to her children but in case she should die and leave no children then her part was to be divided equally between her living siblings.  He gave to his wife's daughter Patsy 1/4 of said land lying next to her sister Alexena and he gave to his wife's son Jacob 1/4 of said land lying on the North side and containing the dwelling house and all out buildings.  Said Polly BAUM is now dead therefore plaintiff asks that the court appoint commissioners to divide the said swamp land into 3 shares according to their respective interests.  /s/ T.S. BAUM

20 July 1908 - Thomas S. BAUM, plaintiff, vs. J.E. OWENS, Warren BAUM by his guardian ad litem R.E. FLORA, Martha A. SMITH & husband JOHN SMITH, defendants - Application for guardian ad litem.  /s/ A.M. SIMMONS, Attorney for Plaintiff

20 July 1908 - Thomas S. BAUM, plaintiff, vs. J.E. OWENS, Warren BAUM by his guardian ad litem R.E. FLORA, Martha A. SMITH & husband JOHN SMITH, defendants - Order appointing guardian ad litem.  It appears to the Court that Warnie BAUM is under the age of 21 and is entitled to a guardian in these proceedings.  Therefore G.W. WILLIAMS is appointed to act in his stead.  /s/ E.W. ANSELL, Clerk of Superior Court

20 July 1908 - Thomas S. BAUM, plaintiff, vs. J.E. OWENS, Warren BAUM by his guardian ad litem R.E. FLORA, Martha A. SMITH & husband JOHN SMITH, defendants - Order appointing Commissioners  [Apparently G.W. WILLIAMS declined to be guardian and R.E. FLORA was appointed instead.]

1 Dec 1908 - Commissioners Report.  The tract of swamp land containing 97 acres is described in detail.  Share #1 goes to Warnie BAUM containing 48.5 acres which is 1/2 of the original tract.  Share #2 goes to J.E. OWENS containing 24.5 acres which is 1/4 of the original tract.  Share #3 goes to T.S. BAUM containing 24.5 acres which is 1/4 of the original tract.  J.E. OWENS is to pay T.S. BAUM $10.00, his share being valued at $10.00 more than T.S. BAUM's.  Warnie BAUM is to pay T.S. BAUM $15.00, his share being valued at $15.00 more than T.S. BAUM's.  /s/ J.W. POYNER, J.J. AYDLETT, W.A. DOXEY, Commissioners

[Source: Currituck County Record of Estates 1812-1926; Vol. Ashby-Brumsey (Microfilm G.030.1862908)]

This estate was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!

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2006 Kay Midgett Sheppard