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Currituck County Miscellaneous Estates

Richard Etheridge 1739, 1741

Cornelius Jones, plaintiff, vs. Patience Etheridge, adm'r. of Richard Etheridge, defendant 1739

Pg. 1
In pursuance to a Rule of the General Court, referring this cause unto us, Having heard the parties to the said suit and examined the several & respective allegations and pretences therein contained.
   We do order and award that the Defendant Pay unto the plaintiff thirty three pounds eleven shilling and six pence province bills out of the estate (?) in her hands. In witness whereof we have hereunto set our hands the 19th day of March 1741.
     /s/ J. HODGSON; Jos. ANDERSON

Pg . 2
Cornel. JONES vs. Pat. ETHERIDGE} Award

Pg. 3
North Carolina
    GEORGE the Second, by the Grace of God, King of Great Britain, France, and Ireland, defender of the Faith etc. To the Provost Marshal of our said Province. Greeting. We Command you to take the Body of Patience ETHERIDGE of the County of Currituck in the province afsd. Widow administrator of all and singular the goods chattles & credits of Richard ETHERIDGE late of (if to be found in your Bailwick) and her safely keep, so that you have her before Our Chief Justice and his Assistant at the next General Court, to be held for our said Province, at the Courthouse in Edenton, on the last Tuesday of this instant October then and there to answer Cornelius JONES in a Plea of Convenant broken. Damage, Five hundred pounds. Herein fail not and have you there this writ.  Witness: William SMITH Esq. Our Chief Justice of our said Province at Edenton the 10th day of October Anno Dom 1739.
     /s/ W. SMITH

Pg. 5
North Carolina  March General Court 1741
Cornelius JONES vs. Patience ETHERIDGE, Widdow} Covenant
It was by the consent of the parties made ??? that the accounts and differences In this Cause be reffered to Messrs. John HODGSON and Joseph ANDERSON and there award To be rule of Court.
     Test. James COVENTHY (?)

Pg. 7
North Carolina October General Court 1739

    Patience ETHERIDGE of the County of Currituck in the province aforesaid Widow, Administratrix of all & singular the goods chattles & credits that were of Richard ETHERIDGE late of the said County deceased was attached to answer to Cornelius JONES of a plea, that she keep with him the covenant between the said Richard in his life and the said Cornelius made, according to the form & effect of a certain writing by the said Richard to him the said Cornelius , and whereof the said Cornelius by Joseph ANDERSON his attorney complains that whereas by a certain writing made the sixteenth day of August in the year of our lord One thousand seven hundred and thirty four at the County afs. Between him the said Cornelius by the name of Cornelius JONES of Pasquotank in the province of North Carolina of the one part, and the afsd. Richard, by the name of Richard ETHERIDGE of Curratuck in the province afsd. Of the other part, which part is sealed with the seal of the said Richard, and here to the Court sworn and dated the day and year afsd. Whereby amongst other things it is witnessed, that the said Cornelius for divers causes & considerations had granted and do form deliver unto the said Richard certain tracts of land lying in Croatann and Durrings Island in the County afsd. of containing Twelve hundred & eighty acres peaceably & quietly to hold to him for and during the term & ten years from the date of the said writing, and thereupon the said Richard did for himself covenant grant & agree to & with the said Cornelius, that he the said Richard would faithfully pay to him the arrearages of the quit rents then due for the said twelve hundred and eighty acres of land, and also the quit rents that should become due during the aforesaid term of ten years. And the said Cornelius and the said Richard for the faithfull performance of the same Bound themselves each to the other in the penel sum of Five hundred pounds current money, and the said Cornelius saith that altho he hath well and truly performed fullfilled & kept all and singular the covnants, grants & agreements in the said writing contained which on his part were to be performed fullfilled & kept and also protesting that he the said Richard in his life nor the said Patience since his death have not paid on anyways satisfied him the arrearages of the quit rents then due or have paid or satisfied him for the quit rents due from the afsd sixtenth day of August, which on the part of him the said Richard in this life time, and the said Patience since his death was to be performed fullfilled & kept, and the said Richard in his life ____ oftentimes thereto ____ssed by the said Cornelius, and the said Patience since his death have not kept the said Covenant made with the said Cornelius in this particular, but have broken the same, and hath hitherto denyed & still doth deny to keep the same, whereof the plt hath damage to the value of five hundred pounds & thereof he brings this suit.
     Jos: ANDERSON pr. plt. Pledg &c.

[SOURCE: Manuscript and Archives Reference System (MARS), Colonial Records Group: Estates Papers, Estates Records, etc. (CCR 182), "Etheridge, Richard"]

2005  Marty Holland