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Currituck County Estates

Benjamin S. Dey - 1867

Spring Term  1869 - The Petition of Thomas L. SANDERSON, administrator of Benj. S. DEY, dec'd., on the 25th day of March 1869 stated that to the best information he has been able to obtain, the debts due from the estate of said deceased amount to about $800.00 and that the charges of the administration will amount to about $75.00; that the personal estate was exhausted in paying debts by the former administrator, Jos. S. DEY, dec'd.; that at the time of Benjamin S. DEY's death he was possessed in fee simple of a tract of land in Currituck County on the road leading from Currituck Court House to Norfolk, Va. binding Tulls Creek River to the lands formerly belonging to Isaac GARRETT, dec'd., and Poyners Road, containing 210 acres and worth about $700.00, it being the tract of land which DEY resided at the time of his death and which descended to his children, Alice WHITE wife of Caleb WHITE, Louiza BAXTER wife of Wm. BAXTER, all of full age, and to William DEY, Benjamin DEY, Elizabeth DEY, and Stella DEY, all infants under the age of 21 and without guardian, subject however to the dower of Mary DEY, the widow of Benj. S. DEY.  Petitioner shows that a sale of the whole of said land is necessary to pay debts.  He asks that a guardian be appointed for said infants.  [J.B. LEE was appointed guardian]

5 June 1869 - Sale of above described land to Thomas R. BALLENTINE for $705.00.

5 June 1869 - Account of sales sold at the Court House doors for cash.  Total sale amounted to $1338.40 which included the sale of the land.

31 Mar 1870 - Notice of Appeal.  Thos. L. SANDERSON, plaintiff, against the Board of County Commissioners, defendant.  Take notice that the plaintiff appeals to the Superior Court from the judgment rendered by you on March 21, 1870 in favor of the defendant for cost in said action and that this appeal is forwarded on the grounds that said judgment was rendered contrary to law.  /s/ Wm. B. SHAW, Atty for Plaintiff

1 Apr 1870 - Justices Decree.  Thomas L. SANDERSON, administrator debonis non of B.S. DEY, dec'd.  I, Joseph B. MORGAN, the Justice before whom the same was tried, in pursuance of the notice of appeal, do hereby certify & return that the following were had before me in said action.  On Nov. 16, 1869 at the request of the plaintiff, I issued a summons in his favor against the defendants.  Summons was returned before me on Mar. 7, 1870 and by consent of both parties it was further continued to Mar. 21, 1870 when they appeared & proceeded to trial.  The plaintiff complained of 4 County Coupons of $30 each payable on July 1, 1864, Jan. 1, 1865, Jan. 1, 1867 and July 1, 1867 amounting to $120.00 and demanded judgment.  The defendant denied the plaintiff to recover upon the following grounds: 1) that previous to the late war a number of county coupon bonds had been taken up by the county and deposited in the Office of the Clerk of Court and that the bonds had not been cancelled.  2) that they were abstracted from the Office where they had been deposited.  3) that the numbers of the abstracted bonds are on record and that all coupons when detached should be numbered and correspond with the bond from which they were taken.  4) that the four coupons in question are not numbered and a strong presumption is raised that they have been paid by the County.  After the hearing I rendered in judgment in favor of the defendants.  /s/ Jos. B. MORGAN, J.P  [a photo of the 4 bonds was attached]

7 Nov 1870 - Account of sales of the notes & accounts belonging to the estate of B.S. DEY, dec'd., sold by T.L. SANDERSON, Admr'.

[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