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Currituck County Miscellaneous Estates

Richard Church 1759

Richard CHURCH estate - Supreme Court 1759
North Carolina
Edenton
   
Daniel SWINEY Late of Currituck County in the Province of North Carolina Gentleman was summoned to answer to Caleb CHURCH Administrator of all & singular the goods and chattle rights and credits which were of Richard CHURCH his late Father deceased Unadministratored by Abiah CHURCH Wife and Executrix of the Last Will & Testament of the said Richard CHURCH deceased which said Abiah did jutestate? of a plea that he render to the said Caleb goods & chattles to the value of One thousand pounds lawfull money of Great Britain which from the said Caleb he unjustly detaines etc. and which from the said Caleb by Jasper CHARLTON his Attorney complains that Whereas the said Caleb on the first day of January in the year of our Lord One Thousand Seven hundred & Fifty Eight at Currituck County in the Province afsd. as Administrator of the sd. Richard CHURCH was possessed of proper goods and chattles to wit one negroe woman slave named Judith one negroe woman slave named Bess one negroe woman named Rachaol one negroe woman boy slave named David one negroe boy slave named Jemmy one negroe woman slave named Rachaol one negroe woman slave named Dinah one negroe girl slave named Deset? Rachael? One negroe boy slave named David one negro girl slave named Bess one negroe boy slave named David and one negroe man slave named Will Of the Sum of One thousand pounds sterling as of the proper goods and chattles of him the said Caleb as Administrator to the said Richard CHURCH and being so possessed of the said slaves the said Caleb on the first day of January aforesd. In the year & at the place aforsd. Casually left the said negroe slaves and the said negroe slaves afterwards that is to say on the first day of January in the year & at the place afsd. came to the hands and possession of the said Daniel by his finding the same to????? The said Daniel then was and now is possessed them nevertheless he the said Daniel tho often required hath not yet delivered the said negroe slaves to the said Caleb CHURCH Administrator aforsd. But hath hitherto hath & still doth refuse to deliver & now unjustly detain the same whereupon the said Caleb declares that he is injured & endamaged to the value of One thousand pounds lawfull money of Great Britain therefore he sues & he also brings into Court letters of Administration as before mentioned.

North Carolina Pasquotank Co. GC
    Know all men by these presents that we Samuel SWANN, Joseph SCOTT & Robart JORDAN all of the County & Province afsd. are held and firmly bound unto Thomas SAWYER Sherif of the County
aforesd. His heirs executors administrators or assigns in the just and full sum of Two thousand pounds lawful money of Great Britain to the which payment well and truly to be made & done We bind ourselves our heirs executors and administrators joyntly & severally firmly by these presents sealed with our seals and dated this 20th Day of September Anno Dom 1759.
    The condition of this obligation is such that if the above bounden Samuel SWANN do and shall make his personal appearance before the Chief Justice and the rest of the Justices of the Supreme Court of Justice Oyer and Terminer and General Goal Delivery to be held for the Counties of Currituck Pasquotank Perquimons Chowan Bertie and Tyrrell at the Court House in Edenton on the second Tuesday in October next then & there to answer to Caleb CHURCH Administr of Richard CHURCH deceased of a Plea of Debt Damage One thousand pounds lawful money of Great Britain and there stand to and abide by the judgment of the said court and not depart the same without silence first had and obtained that then the above obligation to be void and of noneffect or else to be in full force and virtue.  Witnesses: Sam SWANN,  Jos. SCOTT, Robt. JORDAN.  Sealed & delivered in the presence of William CALLIS. North Carolina

Edenton     October Supreme Court 1759
    Samuel SWANN late of Pasquotank County in the Province of North Carolina Attorney at Law was summoned to answer to Caleb CHURCH Administrator of all & singular the goods & chattles rights and credits which were of Richard CHURCH his late Father died unadministored by Abiah CHURCH Wife and Executrix of the Last Will and Testament of the said Richard CHURCH aforsd. & which said Abiah did jutestate of a Plea that he render to the said Caleb goods and chattles to the nature of One thousand pounds lawfull money of Great Britain which from the said Caleb he unjustly detains etc. and whereupon the said Caleb by Jasper CHARLTON his Attorney complains that whereas the said Caleb on the first day of January in the year of our Lord one thousand Seven hundred and Fifty Eight at Currituck County in the Province aforesaid as Administrator of the said Richard CHURCH was possessed of proper goods and chattles to wit of one negroe woman slave named Tallian one negroe woman slave named Hannah one negroe boy slave named Affrica one negroe boy slave named Ned one negroe girl slave named Comfort one negroe boy slave named Charles and one negroe girl slave named Sarah of the Price of One thousand pounds sterling as of the proper goods and chattles of him the said Caleb as Administrator to the said Richard CHURCH & being so possessed of the same slaves the said Caleb on the first day of January aforesaid in the year & at the place aforesaid casually lost the said negroe slaves and the said negroe slaves afterward That is to say on the same first day of January in the year & at the place aforesaid came to the land and possession of the said Samuel by his finding the same whereby the said Samuel then was & now is possessed thereof nevertheless he the said Samuel though often required hath not yet delivered the said negroe slaves to the said Caleb CHURCH Adminor. As aforesaid but hitherto hath & still doth refuse to deliver & now unjustly detains the same whereupon the said Caleb declares that he is injured & endamaged to the value of One thousand pounds lawfull money of Great Britain therefore he sues & he also brings hereinto Court the letters of Administration as before mentioned.
     /s/
J CHARLTON, P.Atty

[SOURCE: Manuscript and Archives Reference System (MARS); Colonial Records; MARS ID: 401.3.102 (folder)]

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2005  Marty Holland