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Currituck County Estates

John Boyd - 1868; 1883
[This  estate was in two separate folders.  The first folder was entitled John Boyd 1868 and the second folder was entitled John Boyd 1883.  Both folders held numerous documents and I have not abstracted all of them here.]

Fall Term 1868 - Petition for Year's Support.  Fanny BOYD, widow of John BOYD, states that her husband died intestate in Currituck County and she asks the Court to allot to her enough provisions for one year.  /s/ Fanny BOYD

15 Feb 1869 - Commissioners Report on Year's Support.  Commissioners allotted to Fanny BOYD, widow of John BOYD, about $400 worth of provisions for one year.  /s/ Thos. C. CHAPPELL, H.H. SIMMONS, Isaiah ETHERIDGE, E.B. SIMMONS

27 Apr 1883 - Letter to the Probate Judge of Currituck County.  My husband John BOYD a resident of this County, died about the year 1868 and there has been no administration on his estate and I am, as his widow, entitled to letters of administration.  Now I renounce my claim to said letters in favor of W.H. COWELL and respectfully ask that he may be appointed as such in my stead.  /s/ Fanny [her x mark] BOYD

27 Apr 1883 - Application for Letters of Administration.  W.H. COWELL & Fanny BOYD, being sworn, state that John BOYD is dead without leaving a will and the the proper person entitled to Letters of Administration on the estate is W.H. COWELL; that the value of the said estate is about $500.00 and that Victoria & Harriet OWENS, children of Mary E. OWENS (nee BOYD), Willie, Allice V., Octavia & Rufus BOYD, children of Malachi BOYD, Thomas BOYD, Jos. BOYD and Sally DUDLEY (nee BOYD) are entitled as heirs thereof.  /s/ Fanny [her x mark] BOYD, W.H. COWELL

27 Apr 1883 - Administrator's Oath.  W.H. COWELL states that John BOYD died without leaving any last will and testament and that he will administer on the estate to the best of his ability.  /s/ W.H. COWELL

June 1883 - Petition to make Real Estate Assets.  W.H. COWELL, admr of John BOYD, decd, against the heirs of John BOYD, decdW.H. COWELL shows that he was appointed administrator of the estate of John BOYD, deceased, on April 27, 1883 and that from the best information that he has been able to obtain, the death of the intestate amounted to about $300 and he is of the opinion that the charges of administration will amount to $50.00.  COWELL further states that the intestate left no personal estate as far as he has been able to ascertain but that the intestate was seized in fee simple of 100 acres in Moyock Township adjoining the lands of Nelson SAWYER, Jesse MANSFIELD, Thos. BOYD and others, and that said tract is worth about $600.00.  He further states that upon the death of John BOYD, the lands descended to his children J.C. BOYD, Thomas BOYD, Malachi  BOYD, Sarah DUDLEY (wife of Dennis DUDLEY), and Mary E. OWENS (wife of [blank] OWENS); that Malachi BOYD died after his father and left 4 children surviving him--William, Lilly, Annie and Rufus BOYD of whom all are minors and under the age of 21 and are without guardian; that Mary E. OWENS also died after her father leaving surviving her 2 children--Harriet OWENS and Victoria OWENS, who are infants under 21 and without guardian; that the said Sarah DUDLEY and her husband Dennis, and Thomas BOYD are not residents of the state of North Carolina; that the said lands are subject to the dower of Fanny BOYD, widow of John BOYD, and that a sale of the said land, except the widow's dower, is necessary to enable him to pay the debts of his intestate and the charges of administration.  COWELL asks the Court to cause a summons to be issued to said J.C. BOYD, Thomas BOYD, Dennis DUDLEY, Sarah DUDLEY, Harriet OWENS, Victoria OWENS, William BOYD, Lilly BOYD, Annie BOYD and Rufus BOYD commanding them to appear at the Clerk's office of the Superior Court and show cause why the petition should not be granted.  COWELL also asks that a guardian ad litem be assigned to the above named infants to defend their interests in these proceedings.  /s/ STARKE & MARTIN, Attys. for Petitioner

15 Oct 1883 - Order of Publication.  W.H. COWELL vs. the heirs at law of John BOYD, deceased.  Defendants Thomas BOYD, Dennis DUDLEY and his wife Sarah, are non-residents of North Carolina and they are necessary parties to these proceedings.  It is ordered that publication be made in the "Economist" of Elizabeth City for 6 consecutive weeks commanding the non-residents to appear in Court on Monday, Jan. 28, 1884.  /s/ H.B. ANSELL, Clk.

18 Apr 1884 - Subpoena.  The Sheriff of Currituck County is ordered to summon Jesse MANSFIELD, Nelson SAWYER, Peter DOZIER, Malachi MANSFIELD and T.F. BAXTER to appear in Court on April 28, 1884 and testify in a case between W.H. COWELL, admr of John BOYD vs, Morris CARTWRIGHT and the heirs at law of Jno. BOYD, deceased.   /s/ H.B. ANSELL, C.S.C.

27 Feb 1885 - Subpoena.  The Sheriff of Currituck County is ordered to summon Jesse MANSFIELD SR., Malachi MANSFIELD, Peter DOZIER, Nelson SAWYER and Reuben BRADLEY to appear in Court on the first Monday in March 1885 to testify in behalf of the defendant in a matter pending wherein W.H. COWELL, admr of Jno. BOYD is the plaintiff and Morris CARTWRIGHT & others are the defendants.  /s/ H.B. ANSELL, Clerk

11 April 1885 - Notice of Petition to sell land.  W.H. COWELL, admr of John BOYD, deceased, vs. Morris CARTWRIGHT and others.  You are commanded to notify Morris CARTWRIGHT, Dennis DUDLEY & wife Sarah, Harriet OWENS, William OWENS, Wm. BOYD, Annie BOYD, Lilly BOYD & Rufus BOYD that this cause will come up to be heard before the Clerk of Superior Court on Friday, May 1, 1885 where they may defend their interest in this action.  /s/ H.B. ANSELL, C.S.C.

1 May 1885 - Petition to make Real Estate Assets.  Petitioner W.H. COWELL, Admr of John BOYD, decd, is represented by attorney L.D. STARKE and the defendants are represented by attorney M.R. GRIFFIN.  It appears that the personal estate of John BOYD is insufficient to pay his debts and the charges of the administration so it is therefore ordered that W.H. COWELL have license to sell the real estate of John BOYD in order to pay so much of said debts and charges as the personal estate may be insufficient to pay.  /s/ H.B. ANSELL, Clerk  [From this order the defendant, Morris CARTWRIGHT appeals to the Superior Court at term time.]

not dated - W.H. COWELL admr of John BOYD vs, Morris CARTWRIGHT et al.  Morris CARTWRIGHT answering the petition of Wm. H. COWELL states the following:
    1. He admits that the plaintiff has recently qualified as admr of John BOYD.
    2. He denies that John BOYD owed anything at the time of his death.
    3. He states that the claims filed by the administrator have all been paid from the estate of said John BOYD, except the 2 notes which were paid by said BOYD in his lifetime.
    4.  He pleads the statute of limitations as against  these 2 notes or bonds and says the same are banned by the statute.
    5.  That John BOYD at the time of his death was possessed in fee simple of the land described in petition.
    6.  That said BOYD left surviving him 5 children as stated in the petition.
    7.  That the said BOYD died about 15 years before the present administrator administered upon his estate.
    8.  That at the time of the death of said BOYD his wife, Fanny BOYD, assumed the administration of the estate until the appointment of the said COWELL
   
9.  That the said Fanny collected the assets of the estate and then paid off the charges of the estate.
  10.  That the assets received by Fanny largely exceeded the debts and the assets were squandered by the said Fanny.
  11.  That the said Fanny now claims to be, and is the owner of the notes, having purchased the same with her earnings.
  12.  That the said Morris CARTWRIGHT is the owner of 2/5 of the land described in the petition having purchased the same from the heirs of the said John BOYD.
  13.  That before he purchased the said land he inquired of Fanny BOYD if there were any debts against the estate and she informed him that there were none and earnestly desired him to purchase the interest of her children.  Believing her statement and relying on the same, he purchased the land or part of the same described in the petition.  He would not have purchased the land if Fanny had informed him there were debts outstanding against the estate.
  14.  Wherefore the said Morris CARTWRIGHT prays that the petition be dismissed and that he receive his cost.
        /s/ Morris CARTWRIGHT

not dated - W.H. COWELL, admr of John BOYD vs. the heirs at law of John BOYD, decd.  It is ordered that S.C. SIMMONS be appointed guardian ad litem to the infant defendants who are under the age of 21--Harriet OWENS, Victoria OWENS, William BOYD, Lilly BOYD, Annie BOYD and Rufus BOYD to defend their interests in these proceedings.  S.C. SIMMONS accepts service in behalf of infants.  [his guardian's oath follows]  /s/ H.B. ANSELL, Clk.

2 Mar 1886 - Subpoena.  The Sheriff of Currituck County is ordered to summon Thos. F. BAXTER to appear in Court and give evidence on the part of the defendant  in a civil action wherein W.H. COWELL, admr of Jno. BOYD is the plaintiff and Morris CARTWRIGHT & others are defendants.   /s/ H.B. ANSELL, Clerk of the Superior Court

March Term 1886 - Petition to sell land for assets to pay debts wherein W.H. COWELL, admr of Jno. BOYD, is the plaintiff and Morris CARTWRIGHT and others are the defendants.  This cause came to be heard before his Honor J.C.L. GUDGER?, presiding Judge, upon the petition of the petitioners and the answer of the defendant Morris CARTWRIGHT, his Honor being of the opinion that this Court has no jurisdiction in any of the matters involved in these proceedings at this present stage, it is therefore on motion of STARKE & MARTIN, attorneys for the plaintiff, that this cause be remanded to the Clerk of this Court.  /s/ J.C.L. GUDGER?

not dated - The undersigned administrator by virtue of an order of the Superior Court to sell the land of his intestate, described in the petition, reports that after due advertisement he offered the same for sale on Nov. 1, 1886 when Nelson SAWYER & Malachi MANSFIELD bid the sum of $500.00.  The terms of sale were complied with by the purchasers paying 1/3 of the purchase price and giving their notes for the balance.  /s/ W.H. COWELL, Admr of John BOYD, deceased

1 Nov 1886 - Sale of land to pay debts.  Pursuant to an order entered in this cause on Sept. 13, 1886 authorizing W.H. COWELL, administrator of John BOYD, decd, to sell a tract of land in the neighborhood of Gibbs Woods in Currituck County which John BOYD died possessed of, he proceeded to sell the land to Fanny BOYD who was the highest bidder at $550.00 subject to her dower as widow of the said John BOYDMrs. BOYD paid the full purchase price and desires a deed for the land.  /s/ W.H. COWELL, Admr of John BOYD, deceased

1 Nov 1886 - Received of W.H. COWELL, admr of John BOYD, decd, the sum of $305.60 in part payment of a judgment in my favor against said COWELL rendered at Sept. Term 1886.  /s/ Fanny [her x mark] BOYD

8 Nov 1886 - Letter from STARKE & MARTIN to H.B. ANSELL, C.S.C.  Dear Sir, we forwarded exceptions last week to confirmation of sale by W.H. COWELL of the lands of John BOYD, decd; and our services obligated himself to make the land bring 10% more than it sold for.  He here repeats his undertaking that Mrs. Fanny BOYD will start the bidding at a new sale at an advance of 10% of the former sale...... /s/ STARKE & MARTIN, Attys for Fanny BOYD

15 Nov 1886 - For value received, we hereby transfer & assign the bid of the land unto Fanny BOYD, her heirs and assigns.  /s/ Malachi MANSFIELD, Nelson [his x mark] SAWYER

Mar 1884- May 1887 - Estate of John BOYD, deceased, in account with W.H. COWELL, Admr.  Received $550.00 from sale of land and spent $550.00 on various expenses.  Estate worth nothing.

[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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2007 Kay Midgett Sheppard