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Currituck County Estates

Malachi Boyd - 1876; 1890
[This  estate was in two separate folders.  The first folder was entitled Malachi Boyd 1876 and the second folder was entitled Malachi Boyd 1890.]

10 Oct 1876 (Moyock Twp.) - To H.H. SIMMONS & Geo. L. SIMMONS.  "The petition shows unto you that about the 24th day of Sep. 1876 that Malichi BOYD my Husband died intestate and I apply to you to Set apart my years allowance for myself and family out of the personal Estate of Said decd."  /s/ Virginia A. BOYED

19 Oct 1876 - Report of Years Allowance.  Commissioners set apart to Virginia BOYD, widow of Malachi BOYD, her 1 year's allowance.  /s/ H.H. SIMMONS, Geo. L. SIMMONS, E.B. SIMMONS, Commissioners

19 Feb  1890 - Bill of Complaint.  William BOYED, Octavia BOYED, & Rufus BOYED, infants by their next friend James McD. CARRINGTON G.W. WILLIAMS, complainants, vs. Virginia FROST & Leroy FROST, defendants.  The complainants state the following:
    1. That William BOYED will be 20 years of age on March 28, 1890; that Octavia BOYED will be 17 on March 24, 1890; that Rufus BOYED was 15 on Feb. 17, 1890 and being infants they bring this suit by their next friend James McD. CARRINGTON [this name was struck thru at the beginning & end of this document]
   
2. That the defendant, Virginia FROST, is the mother of said infant complainants by her second husband, Malachi BOYD who departed this life intestate on [blank]; That Leroy FROST is the third husband of Virginia FROST and is sued on account of the relation of husband and wife existing between him and the complainants said mother; That all the parties in this case are residents of Washington, DC.
    3. That the said father of complainants left a certain piece of land of which he was seized in his own right in fee simple, situated in Gibbs Woods in Currituck County, NC containing 100 acres and bounded by the land of H.H. SIMMONS and James H. MORRIS heirs, J.E. REED, E.B. SIMMONS and the main swamp, it being the same land conveyed by William DUDLEY and wife to Malachi BOYD in January 1869 and registered in Book 67, pages 181 & 182; that the complainants are the next of kin and only heirs at law of their said father and are entitled to the whole of the said real estate, subject to the dower of their mother, Virginia FROST.
    4. That the said land for want of attention is becoming less valuable every year and that it cannot be conveniently divided and that it is to the benefit of all parties that said land be sold and the proceeds of sale be distributed.  They pray that the Court will appoint commissioners to sell the real estate and allot the interest to Virginia FROST that she may be entitled to and after the payment of all costs and expenses the balance be divided equally among the complainants.  /s/ James McD. CARRINGTON G.W. WILLIAMS, Octavia BOYED, William BOYED, Rufus BOYED

19 Feb 1890 - Answer to Bill of Complaint by Virginia FROST.  I admit the facts set forth in the bill of complaint are true and I agree that the property be sold and the proceeds of sale be applied as prayed for.  I am 37 [this definitely says 37 but is not correct according to other records] years of age and in good health and ask that the Court protect my interest in the said premises.  /s/ Virginia FROST

13 May 1890 - Appointment of Next Friend.  Wm. BOYD, Octavia BOYD, & Rufus BOYD vs. Virginia & Leroy FROST.  The above named plaintiffs are infants without general or testamentary guardian and have a cause of action against the defendants.  It is therefore ordered that G.W. WILLIAMS be appoint as next friend for the said infants.  /s/ H.B. ANSELL, C.S.C.

16 June 1890 - Notice to Sell Land.  I shall sell the following land on the first Monday in September 1890 at the Currituck C.H. door for one half cash and the balance payable in 6 & 12 months, viz: that tract of land in Gibbs Woods containing 100 acres adjoining H.H. SIMMONS, Jas. H. MORRIS, J.E. REED, E.B. SIMMONS and others, being the same sold by Wm. DUDLEY to Malachi BOYD.  /s/ W.B. SHAW, Commissioner

NOTE:  Marriage records show that Virginia Garrett, daughter of Thomas & Eliza Dudley, was married to Malachi Boyd on May 23, 1868.  Apparently she married a Garrett before 1868.  According to the 1850 Currituck census she was born in North Carolina c1844.  She is married to Leroy Frost by 1880 and they are living in Norfolk, Va. where Virginia is listed as age 32, born in Virginia.

[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