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Currituck County Estates

Philip Dozier - 1866
[This was a very lengthy estate and not all items are abstracted here.]

Spring Term 1866 - Petition to sell land for division.  William T. BARCO and his wife Sarah Jane, and Dozier LEE, an infant under the age of 21 by his guardian Wm. T. BARCO, states that they are seized as tenants in common of a tract of land situated in Currituck Co. which descended to them sometime in 1864 when Yellis BROCKETT [was written over and Tully DOZIER was inserted] died intestate leaving petitioners as the only heirs at law and upon whom the real estate descended.  Wm. BARCO is entitled to one-half and Dozier LEE one-half.  Said land adjoins the lands of Tully DOZIER's heirs, Philip DOZIER and others containing about 22 acres.  Petitioners further state that the land is going to waste and they ask the Court to sell the land in order to make a division.  /s/ L.D. STARKE, Solicitor for Petitioner

Fall Term 1866 - Report of Sale.  In obedience to a Court decree held at Spring Term 1866, I proceeded on August 27th to sell the lands described in the petition of Wm. T. BARCO and wife and others, on a credit of one year with interest from date of sale, when and where Philip DOZIER became the highest bidder at $275.00 giving his bond with Willoughby WEST as security.  /s/ Jos. B. MORGAN, Clerk

46 Dec 1866 - Summons to the Sheriff of Camden County--You are hereby commanded to take the body of Isaac T. BELL and summon A.W. DOZIER, adm'r of Philip DOZIER, dec'd., and have them before the Judge of Superior Court on the sixth Monday after the fourth Monday in March next then and there to answer unto Bettie BARNARD, assignee, in a plea of debt that they rendered unto her the sum of $137.00 which they owe and detain and to her damages of $75.00.  /s/ V.L. PITTS, CME (Clerk & Master of Equity)

28 [blank] 1866 -  Account of Sales of the chattle property of Philip DOZIER, dec'd., sold by Willoughby WEST, adm'r., on the 28 [blank] 1868.  Various buyers besides the widow were: John A. MATHIAS, Jerry DAVIS, Dennis WEST, Dr. LASSELL, and William SNOWDEN.  Total sale amounted to $156.58.  /s/ Willoughby WEST

Fall Term 1868 -  Petition of Jane DOZIER, widow of Philip DOZIER, for her 1 year's provision.  /s/ Jane FLORA [It has been pointed out by Liz Miller that Jane's maiden name was Flora.  Her full name was Mary Jane (Flora) Dozier.]

26 Dec 1868 - Widow's One Year's Allotment.  Commissioners met to allot to Jane DOZIER, widow of Philip DOZIER, one years provision.  They allotted to her $157.00 and find that the widow has 5 children living with her.  /s/ Wm. C. MERCER, D.A. MATHIAS, Wm. H. LASSELL

Spring Term 1869 -  Report of Sale.  Willoughby WEST, adm'r of Philip DOZIER, states that on April 3, 1869 he offered the lands mentioned in petition for public sale at which time Richard FLORA was the highest bidder at $610.00.  /s/ Willoughby WEST, Adm'r.

June Term 1870 -  Petition of Willoughby WEST, adm'r. of Philip DOZIER, dec'd.  Willoughby WEST states that 1) at Spring Term 1866 of the Court of Equity in the matter of the petition of William T. BARCO and wife and others, a decree was granted directing a sale of the land mentioned in the petition for partition; 2) that at Fall Term 1866 in the Court of Equity Jos. B. MORGAN, Clerk & Master of said Court, reported that he had sold the land mentioned in the petition to Philip DOZIER for the sum of $275.00 taking bonds for the deferred payments with W. WEST as his surety; 3) that at Fall Term 1866 the sale was confirmed; 4) that at Spring Term 1868 in the Court of Equity an order was granted to make title to the purchaser, it being supposed that he had paid the purchase money for the said land; 5) that about the middle of the year 1868 the said Philip DOZIER died intestate and that your petitioner, W. WEST, qualified as his administrator on Dec. 15, 1868; 6) that at Spring Term 1869 of Superior Court you petitioner obtained a decree authorizing him to sell all the lands of his intestate; 7) that the tract of land referred to above was purchased by the said Philip DOZIER and was included in decree; 8) that the whole of said lands were sold on April 3, 1869 by your petitioner and the same was purchased by Richard FLORA; 9) that Philip DOZIER did not in fact in his lifetime pay the note which he gave for the land purchased but only paid $185.00; 10) that the balance of the note was $132.00 and that W. WEST paid this note out of his own funds because he was surety on the note; 11) that the whole personal estate of P. DOZIER sold by the petitioner amounted to $40. 2_ which was insufficient to pay the charges of administration; 12) that a resale of the said land is the only way said note can be paid and the security upon said note indemnified for the amount he has paid on the same; 13) that your petitioner now holds the note so given for the purchase of said land as his private property to the extent of the sum so paid by his as security thereon.  Whereupon petitioner prays that the sale of the lands of Philip DOZIER to Richard FLORA be set aside and that all orders related thereto be rescinded and that petitioner have leave to resell the said tract of land as purchased by the said Philip DOZIER at the Clerk & Masters sale.  /s/ L.D. STARKE, Solicitor for Petitioner

June Summer Term 1870 -  In the matter of the petition of Willoughby WEST.  It appearing to the Court that the sale of the lands made by Willoughby WEST as administrator of Philip DOZIER was made under a misapprehension as to the title of a part of the land and that a portion of the purchase money is still due upon the note given for the land purchased by Philip DOZIER on August 27, 1866.  It further appears that the estate of Philip DOZIER is insolvent and unable to pay the balance due on said note.  It also appears that at Spring Term 1868 in the matter of the petition of W.T. BARCO & wife for the sale of the tract of land purchased by said Philip DOZIER and which is still partly unpaid.  It was ordered by the Court of Equity that the master pay over the bonds in this case to the guardian & make title to the purchaser.  It is therefore adjudged that the said sale to Richard FLORA be set aside and the orders & proceedings in connection therewith be rescinded; that Willoughby WEST as Special Commissioner have license to resell the land for the same terms.  /s/ C.C. POOL, CSC

Winter Term 1871Willoughby WEST resold the land on September 3, 1870 at which time Richard B. FLORA was the highest bidder at $275.00 with satisfactory security given.  /s/ Willoughby WEST, Special Commissioner

[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