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Currituck County Miscellaneous Estates

 John Hughes (1800)
[see the 1772 John Hughs will here]

Page 1
State of North Carolina--To the Sheriff of Currituck County Greeting:
     Whereas James HUGHES by Petition to the County Court of Pleas and Quarter Sessions for Currituck County praying be that James PHILLIPS Esquire might be summoned to appear before the said Court and settle and pay over, to the said Petitioner such sums of money as is due from the said James PHILLIPS as Executor of the last will and Testament of John HUGHES deceased and also as guardian to the said petitioner.
     You are therefore commanded to summons the said James PHILLIPS Esquire to be and personly appear before the Justices of the County Court of Pleas and Quarter Sessions to be held for the County of Currituck at the Courthouse in said County. On the last Monday in May next, then and there to answer unto the said Petitioner concerning the premises and this you shall in no wise omit, and likewise serve a copy of said Petition on the said James PHILLIPS.  Witness Spence HALL Clerk of the said Court at office in Currituck the XXVIIIth day of February in the year of our Lord 1801.
     /s/ S. HALL CCC                  Executed per J. PERKINS Sheriff

State of North Carolina--To the Worshipfull the Justices of the County Court of Pleas and Quarter Sessions Sheweth That your petitioners late Grandfather John HUGHES departed this life, some time on or About the [torn] day of [torn] Seven hundred and Seventy having first made his last Will and Testament in ?????? thereof appointing James PHILLIPS & Zebulon WILLIAMS Executors thereof who proved the same in due form of law, and took upon themselves the Execution thereof, that soon after the said Zebulon WILLIAMS departed this life or declined Acting whereby the whole Estate came into the hands of the said James PHILLIPS to the amount of three hundred pounds or there abouts.  Your petitioner further sheweth that sometime after the decease of his said father, the said James PHILLIPS became guardian to your petitioner and took into his possession the whole of his Estate real and personal to a very considerable amount.  And your petitioner further sheweth that the said James PHILLIPS still holds in his hands property of your petitioner to the value of three hundred pounds or thereabouts, for which he refuses to Account, with him, under various pretences. Wherefore and in as much as your petitioner is Remedyless in the premises except before your worships by petition agreeable to the directions of the Act of the General Assembly in such cases made and proved, may it please you worships to grant to your petitioner a writ of summons Commanding the said James PHILLIPS to appear before your worships on a Certain day therein to be expressed true & perfect answer to make to the premises in as full and ample manner as if the same, was herein again Repeated, & interrogated & to direct & decree that he account with & pay over to your petitioner such sums as upon a fare settlement of amounts hall appear to be Fairly due to him etc. and your petitioner as in duty bound shall ever pray.
     /s/ Will BLAIR Plffs Atto
            
November 28th 1801

Page 2
State of North Carolina}     August Term 1801
     Currituck County    }
     The answer of James PHILLIPS to the petition of James HUGHES sheweth that John HUGHES Grand Father to the said James HUGHES died about the time mentioned in the said James HUGHES petition and also that the said James PHILLIPS qualified as an Executor and that of the Estate of the said John which came to his possession as an Executor, the said James PHILLIPS believes to be about Two hundred and eight pounds. The said James PHILLIPS also sheweth in answer that after the settlement of the Estate of said John he became guardian to the said James HUGHES as is set fourth in his petition and took into his possession as guardian to the said James HUGHES property to the amount of seventy one pounds & also one mare which was afterwards sold for fourteen pounds the whole property amounting to eighty five pounds, or there abouts and the said James PHILLIPS in answer sheweth that as to the Estate of the said John HUGHES which came into his possession as Executor there remained but about seventy one pounds upon a settlement of the said Estate by auditors appointed by the worshipful Court of Currituck to settle the accounts of the said James PHILLIPS with the estate of the said John decd the mare above mentioned to have been sold for fourteen pounds not included in said settlement the said mare being a Specifick legacy to the said James HUGHES by his Grandfather John, and the said James also sheweth in answer that as to the sum of Seventy One Pounds & the said mare sold by consent of the said James HUGHES then near of the age of Twenty One for fourteen pounds, amounting in all to the said Sum of eighty five pounds which come into his possession as guardian to said James HUGHES was fully expended in behalf of the said James HUGHES during his the said James minority and further more by way of answer the said James PHILLIPS sheweth that the said James HUGHES since his arrival to the age of Twenty one years hath been a near neighbour of him the said James PHILIPS living not from each other distant more then one mile for upwards of Twenty One years, and further more that the said James HUGHES & James PHILLIPS have had a number of contracts, during the said time of Twenty years Neighbourhood and that upon a full settlement of all accounts the said James HUGHES fell indebted to the said James PHILLIPS in the sum of Six pounds & one shilling for which the said James HUGHES gave him the said James PHILLIPS his note as to the sum of three pounds mentioned in the petitioners petition the said James PHILLIPS Totally denies to be in possession of & also denies that he is indebted to the said James HUGHES in any sum whatever either as having been an Executor to his Grandfathers Estate or as guardian to him to the James HUGHES or in any other manner whatsoever and as to the prayer in the petitioners petition to account the said James PHILLIPS he is Ready.  Sworn to in open Court the 1st day of September in the year of our Lord 1801.
     Test. S. HALL CCC

William SIMMONS do promise to be security for the Prosecution of the within suit agreeable to an act of Assembly in such case made and provided as witness my hand and seal this 28th day of February 1801.
     /s/ Wm SIMMONS   seal

Page 3
Entery dockit to Currituck May 1801
James HUGHES }
             vs             } Pettn - To answer the first day of next Term
James PHILLIPS}

Trial dockit to Currituck August Term 1801
James HUGHES }
             vs             } Pettn 2 - Continued on affidavit of the defendant
James PHILLIPS}

Trial dockit to Currituck November Term 1801
James HUGHES }  Pettn 3 - Continued on affidavit of the defendant, Subpoena for defendant
             vs             }  Josiah NICHOLSON Comm issue to take deposition
James PHILLIPS}  Comm. to take deposition of William SIMMONS

Trial dockit to Currituck February Term 1802
James HUGHES }
             vs             } Pettn & Answer
James PHILLIPS}

     Jury impannelled & Sworn say the defendant hath not fully Accounted but that there is a balance due from the defendant to the petitioner of 124.11.7 decree for that sum and costs.  Jury to wit: Josiah ETHERIDGE 1 Branson BELL 2 Benjamin COX 3 Samuel WHITEHURST 4 Simon WILSON 5 James BATES 6 Thomas COX SENr 7 Phillip DAUGE 8 Caleb BELL 9 Hollowell ETHERIDGE 10 Tatum BRABBELL 11 Caleb PARR 12 Impannelled & Sworn say the defendant hath not fully accounted but that there is a ballance due from the defendant to the Petitioner of 124.11.7 decree for that sum and costs.
     In this Suit the defendant being disatisfyed with the Verdict of the Jury by his attorney Thomas JOHNSON craves an appeal to the Edenton Superior Court of Law and equity to be held for the district of Edenton at the Courthouse in Edenton on the Sixth day of April next which was granted him on his giving bond with Samuel SALYEAR & Andrew BATES Esquires Securities in the sum of one thousand pounds and his attorney Thomas JOHNSON filing the following Reasons.

James HUGHES }
            vs              }   Petition
James PHILLIPS}
     Reasons in appeal offered by the defendant that the Verdict of the Jury is Contrary to law and evidence Thomas JOHNSON defendants attorney

Page 4

     Having examined the acct of Jas PHILLIPS gn of Jas HUGHS and find a ballance is due Jas HUGHS the sum of 124.11.7 as gn Acct Retd in 1780 in currency as it now passes given under our hands this 30th of August 1800.
     /s/ Wm SIMMONS
    
/s/ Benjn TAYLOR
 
Pettn Dock.   10 shillings  
Nov. Term 1801 Continuance 3/   3 shillings  
Feby. Ditto 1802 determination 7/6   7 shillings  6 pence
4 Subpoenas@1/6 each   6shillings  
2 orders for Commissions 2/each   4 shillings  
1 Commission to take deposition 2/4   2 shillings 4 pence

Transcript of Records & Tax fee 10/ 18/

  18 shillings  
  2 10 shillings 10 pence
J. PERKINS, Sheriff   5 shillings 4 pence
S. ALCOCK, ditto   15 shillings 4 pence
W.B., Atto 2    
  5 11 shillings 6 pence
Judgement 124 11 shillings 7 pence
  130 3 shillings 1 pence
Josiah NICHOLSON 1 Witness Ticket to be paid James PHILLIPS   14 shillings 2 pence
William SIMMONS 1 ditto             ditto 1 3 shillings 1 pence
  132   [torn]

I do hereby Certify this to be a true transcript of the Records in this Suit from Currituck County Court
     /s/ T. BAXTER Dy CCC

March 2d 1802
Recd March 3
     /s/ WB Clk

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.333 (Box); Microfilm C.201.1905672]

Transcribed by Judy Merrell Brickhouse, September 2006

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2006  Kay Midgett Sheppard