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Caleb M. Capps - 1894; 1903
[This estate was found in 3 separate folders.  The first entitled C.M. Capps 1894, the second entitled Caleb Capps 1894 and the third entitled Caleb Capps 1903.  The probate of his will was also found in the first folder and I have attached it to his will here.  I did not abstract all documents found in these 3 folders.]

13 Mar 1894 Knotts Island - Commissioners Report on Widow's One Year Support.  Commissioners allotted to Fanny CAPPS, widow of C.M. CAPPS, $176.70 out of deceased personal property.  /s/ E.D. BOWDEN, S.J. WATERFIELD, J.E. WHITE, Commissioners

2 Apr 1894 - The Court finds that there is a deficiency in the widow's one year support and awards to her $123.30 which is to be paid out of the personal assets of deceased.  /s/ H.B. ANSELL, CSC

3 Feb 1903 - Complaint.  Caleb J. CAPPS, C.W. WATERFIELD, Ella M. WILLIAMS and husband Morrison, Emma R. EVANS and husband James S. and Annie L. SIMPSON, plaintiffs, against Carl S. WATERFIELD, Woodie WATERFIELD, Ann C. WATERFIELD, Lena HELOS and husband Edgar, Maud S. WATERFIELD, Nannie J. BRANDT and husband J.H., Nettie MICER? and husband Charlie, defendants. The plaintiffs state the following: that Caleb M. CAPPS, the father of plaintiff Caleb J. CAPPS and the grandfather of the other plaintiffs and all of the defendants, in his last will and testament which is recorded in Will Book No 5, page 216 devised all of his land to his wife Fanny CAPPS during her natural life and after her death for all of his land to be sold and the money to be equally divided among all his children; that said Fanny CAPPS is dead; that no executor was named in said will and no administrator has been appointed; that the plaintiffs and defendants are tenants in common and seized in fee simple of a tract of land in Currituck Co, Fruitville Township, bound on the North by the right of way belonging to S.D. WATERFIELD, on the East by the main road, on the South and West by S.D. WATERFIELD containing 18 acres more or less; that plaintiffs desire said land to be sold because an actual partition could not be made without injury to the parties owing to the small number of acres to which each one would be entitled;  plaintiffs ask that a guardian ad litem be appointed by the Court for the minors, Carl S. WATERFIELD, Woodie WATERFIELD, Annie C. WATERFIELD, Lena HELOS and Maud S. WATERFIELD; That the interest of the plaintiffs & defendants in said lands or money derived from sale of said lands is  as follows:
    Caleb J. CAPPS - 1/5
    Caleb W. WATERFIELD - 1/10
    Maud S. WATERFIELD - 1/10
    Nannie J. BRANDT - 1/15
    Nettie MICER? - 1/15
    Lena (or Leva?) HELOS - 1/15
    Carl S. WATERFIELD - 1/15
    Woodie WATERFIELD - 1/15
    Onie? (Anie?) C. WATERFIELD - 1/15
    Ella M. WILLIAMS - 1/15
    Emma R. EVANS - 1/15
    Annie L. SIMPSON - 1/15

3 Feb 1904 - Caleb J. CAPPS states that the defendants Lena HELOS and husband Edgar HELOS, Nannie J. BRANDT and husband J.H. BRANDT, and Nettie MECIR and husband Charlie MICER are non-residents of the state of North Carolina and after due diligence cannot be found in this state.  /s/ C.J. CAPPS

14 Mar 1904 - Appointment of Guardian ad Litem.  J.A. BERRY is appointed by the Court as guardian of Carl S. WATERFIELD, Onie (Anie?) C. WATERFIELD, Woodie WATERFIELD, Lena? HELOS and Maud S. WATERFIELD, minors.

2 May 1904 - Report of Sale.  Commissioners state that after due advertisement, the land described in the petition was offered for sale for cash and C.W. WATERFIELD became the highest bidder for the sum of $950.00 cash.

23 May 1904 - Confirmation of Commissioners Report of Sale.

[Source: Currituck County Record of Estates 1812-1926; Vol. Brumsey-Ferebee (Microfilm G.030.1862909)]

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