Thomas Jarvis (1797)

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M^r W^m BLAIR
     Sir, we have met this day and have compromised our business of that Suit in which Thos. JARVIS and other are Plaintiff against Lydia JARVIS Ext^rx of Col^o Thos. JARVIS in consequence of which you will dismiss the suit at my cost Except their Lawyers fees (that is) at both Courts which they pay themselves in Witness our hands and seals this 2^nd day of April 1800.
     /s/ Lydia [Her LJ mark] JARVIS   seal
         Thos. JARVIS                           seal

Test.
     Tho^s SANDERSON

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New Actions to Currituck Feb^y Term 1798
     Thomas JARVIS & Others vs Lydia JARVIS Ext^x of Thomas JARVIS, Deceased}   Pettⁿ
          Answer filed; Repleⁿ & Issue

Trial Docket to Currituck May Term 1798
     Thomas JARVIS & Others vs Lydia JARVIS Ext^x of Thomas JARVIS, Dec^d}   Pett^{n 2} Repleⁿ & Issue
          Cont^d
                   Commissions to issue for both parties to Take Depositions Ten days Notice to be given

Trial Docket to Currituck August Term 1798
     Thomas JARVIS & Oth^s vs Lydia JARVIS Ext^x of Thomas JARVIS, Dec^d}   Pett^{n 3} Repleⁿ & Issue
          Cont^d

Trial Docket to Currituck November Term 1798
     Thomas JARVIS & Oth^s vs Lydia JARVIS Ext^x of Thomas JARVIS, Dec^d}   Pett^{n 4} Repleⁿ & Issue
          Cont^d

Trial Docket to Currituck February Term 1799
     Thomas JARVIS & Oth^s vs Lydia JARVIS Ext^x of Thomas JARVIS, Dec^d}   Pett^{n 5} Repleⁿ & Issue
          Jury Empaneled & Sworn

To Wit: Edward BUNNEL1 John TATUM 2  John DALEY 3 Levin DUNTON 4 Lemuel WALKER 5 Lemuel WILSON 6 Benjⁿ TAYLOR JUNR 7 Isaiah PARR 8 Dorey DAUGE 9 John BALLANCE 10 Lemuel TAYLOR 11 Thomas ROBERTSON 12 find that their is in the Hands of the Defendant as Ex^tx of Thomas JARVIS Dec^d of the Estate of his Intestate Due to the Complaments of £258 3^s 2^d

the attory [sic] for the Defendant prayed an appeal to the Superior Court of Law & Equity to be held at the courthouse in the Town of Edenton on the 6^th Day of April next which was granted or her giving Malachi JONES & Jesse PERRY Securities in the sum of five hundred and sixteen Pounds which was approved of by the Court at the same time.  S^d attorney filed his reasons for an appeal as follows

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Thomas JARVIS & Oth^s vs Lydia JARVIS Ext^x of Thomas JARVIS, Dec^d} Reasons in Appeal
     For that the verdict of the jury is contrary to Law and Evidence which in my Opinion is fully sufficient
          /s/ Will BLAIR Att^y
Malachi JONES
Jesse PERRY

Currituck Feby. Term 1798
     Thomas JARVIS & Oth^s vs Lydia JARVIS Ext^x of Thomas JARVIS, Dec^d}

I certify this to be a True Transcript of the Records of this Suit.
     /s/ S. HALL CCC

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  North Carolina }        November Term 1797
Currituck County}
To the Worshipfull County Court of Pleas and Quarter Session for the County aforesaid

     Humbly complaining shewth unto your Worships--your Petitioners Thomas JARVIS, Mary TILLETT and Thomas WHITE and Sarah his Wife that Thomas JARVIS the Father of your Petitioners, Thomas JARVIS, Mary & Sarah Died intestate on or about the (blank) Day of (blank) in the year of Our Lord 1762 Possessed of Some Considerable Personal Estate Admⁿ Whereof was granted by this worshipfull Court to a Certain Thomas JARVIS Commonly cald Col^o Thomas JARVIS who in Virtue there of took into his Possession all the Estate of the Said Intestate and returned an Inventory of the Same Except the way growing crop & some Blacksmiths Tools of which he Did not return on Inventory a copy of Which Inventory So returned your Petitioners by Leave to Exex. Unto this their Petition and pray it may be taken as a part thereof.
     And your Petitioners have been Informed and beleave that their Said Father Died Clare of Debt and that no just demand what Ever Ever came against his Estate.
     And our Petitioners further sheweth that the said Thomas JARVIS the Administrator Disregarding the Duties of his office and the Interest of your Petitioners who were Infants of Tender years sold but a small part of the Perishable property of his said intestate and kept and converted the Remainder thereof to his own use wherein the afs^d Crop and Blacksmiths Tools were included as Manifestly appears by the account of Sales filed in the clerks office of this Worshipfull court a copy where of your Petitioners by Leave also to Ennex to this their Petition and pray it may be Taken as part thereof.
     And your Petitioners further shew that their said Father some years before he removed from Virginia to North Carolina gave to his Mother Alice JARVIS a Bond for some considerable sum of money which said Bond was some years after the Death of their Said Father Inmpletionly

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Obtained from the said Alice their Grandmother by a certain [nothing written in for about a half a line] Who Brought the Same to the Said Administrator and by a fraud and collusion between them in order to cheat your Petitioners in their helpless Infant State and under colour of paying up the Said bond the Said Administrator Set up and exposed to Sale for ready money two valuable young Negroes named Vero and Joe which were of the Estate of his Intestate and became the Purchaser himself when had the Said Bond in fact been Demanded by the said Alice JARVIS whereas it was not the Said Administrator had other property of his Intestate in his hands and possession to a much larger amount than would have paid the same, and your Petitioner Thomas JARVIS does most Expressly charge and Aver that his Said Grandmother the said Alice JARVIS has Since informed him the Said Bond was Illicitly taken from her by the Said [nothing written in] and that she never Demanded payment of the Same nor Intended so to do that that She intended it as a free gift to your Petitioners Father in Consideration of her natural affection for him. And your Petitioners further say that not with standing the aforesaid young negroes were sold for ready money under a pretence of Discharging the said bond yet nevertheless they have been Informed and believe that the said Administrator did not pay the money arising from Said Sale or any part thereof on that account but that he gave the Said [nothing written in] an old horse in satisfaction and Discharge thereof.
     And your Petitioners are advised that the Sale of the Said Negroes so as afs^d made by the Said Administrator was Illegal and Void In as much as he was a trustee for Your Petitioners and could not by any Voluntary Act of his change the terms or nature of the trust nor could he devirt the property of Said Negroes out of your Petitioners by bidding them off himself contrary to the Directions of the Acts of Assembly in such case made & Provided.
     And your Petitioners further shew that they are advised that the Said Administrator is liable to them for the present value of the said Negroes and also for the full amount of their labour or annual hire from the time of their Sale untill the filing of this their Petition and also for all Deficiency of said

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Estate which happened from his mismanagement or negligence and that your Petitioners further shew that the said Administrator departed this life on or about the (blank) day of (blank) 1795 having made a will in writing and thereof appointed Lydia JARVIS Executrix who Qualified thereto in due form of Law and for as much as your Petitioners are Remediless in the Premises by the Strict rules of Common Law and can only have release by way of Petition in this Worshipfull court or in a Court of Equity where matters of this nature are Cognizable & Retrevable may it therefore Please your Worships to grant unto your Petitioners a Writ of Subpoena to be directed to the said Lydia JARVIS Executrix of the said Thomas the Adm. Commanding her to be and appear before the Next County Court of Pleas and Quarter Sessions to be held for the said county on the last Monday February next then and their to answer the Petition of your Petitioners and that she may be compelled to convey to them the Negroes Vero and Joe and that she may be compelled to settle up and pay for their annual hire from the time of their sale and that she may also be compelled to account with your Petitioners for all the rest of the Personal Estate of their said Father which came to the hands & possession of her late Husband the Administrator & that your Petitioners may have such further Relief in the Premises as the nature of their case shall and may Require and they as in Duty bound shall pray.
     /s/ W. SLADE

Pledges
     Jn^o DEN?
     Rich^d FEN

A True Copy
     Test S. HALL Clk C

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State of North Carolina--To the Sheriff of Currituck County Greeting
     You are hereby commanded to summons Lydia JARVIS Executrix of Thomas JARVIS Dec^d who was Administrator of Thomas JARVIS Dec^d to be and appear before the County Court of Pleas and Quarter Sessions to be held for the County of Currituck at the Court House in Currituck on the last Monday in February next there to make answer to the Petition of Thomas JARVIS Mary TILLETT and Thomas WHITE and Sarah his Wife a copy whereof you are to serve on her before good and lawful men of your bailiwick and that you make due return of this Writ and how you have executed the same.  Witness Spence HALL Clerk of the said Court at Office this first day of December Anno dom. 1797 & XXII year of our Independence.
     /s/ Wm TAYLOR D^y CCC

[On the back of this page is written: Thos JARVIS estate vs Lydia JARVIS Ex^tx of Thos JARVIS, Dec^d; Sub^a (Subpoena); Issued 19^th January; Re^t To Febry Term 1798; Mad[e] known by giving the coppy of the within mention^d Petition to Lydia JARVIS in presents of Sam^l JARVIS & Thos JARVIS; Sol^o ALCOCK Shff]

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  North Carolina }        February Term 1798
Currituck County}
     The answer of Lydia JARVIS Executrix to the last will and Testament of Thomas JARVIS Deceased. To the petition of Thos JARVIS Mary TILLETT and Thomas WHITE and Sarah his Wife.
     This Defendant saveing and reserving to her Self all benefit of Exception To the manifold errors, insufficiencies and untruethes the petitioners petitions Set fourth for answer thereto or to so much thereof as she is advised it is necessary for her to answer unto She answereth and Saith that as She has been informed and believes Thomas JARVIS the Father of the Petitioners died some time in the beginning of the year 1761 and at April Term of this worshipful Court 1762 Admiⁿ on his Estate was committed to the Defendants Testator who took into his possession the whole of the personal estate and made a far Inventory thereof and returned to this worshipful Court as this Defendant has been informed within the time limited by Law and as she has been informed and does verily believe the said Inventory does contain a just and true account of all the goods and Chattles which were of the Intestate at the time of his Death, this Defendant further answering Saith that She is not well informed of the management of the Estate of this Intestate Thomas but as She has been informed and has reason to believe for a person in his circumstances he died considerably Indebted as well to the Testator as to others.
     This Defendant further answering Saith altho the whole of the accounts of Sales are not now to be found She has reason to believe that the whole estate of the Intestate except one negro woman Page a part of the increase Since delivered up to the Petitioners was sold in as much as it appears of record that at January & April Term 1762 orders were passed for the sales and at July Term in the same year a further order was passed a copy which hereunto answered, this Defendant prays may be taken as and made a part of this her answer and at April Term 1767 a further order was passed a copy of which also hereunto annexed this Defendant prays may be taken and made a part of this her answer.
     This Defendant further answering saith that as She has been informed and verily believes the Grandfather of the Petitioners left The Two negroes mentioned in the Inventory to his Wife Alice during her Life & after her Death to the Father of the Petitioners and that the Father of the Petitioners in Consideration that his Mother the said Alice would let him have the immediate use of the said negroes executed a bond to her to secure the payment of a certain sum of annually which said Bond sometime in the year 1766 or 67 was presented by a

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Certain Bannister JARVIS Uncle to the petitioners, to the Defendants Testator for payment, that as to the manner in which he obtained the Bond She knoweth nothing but as She is advised the possession of it Justified her Testator in making payment to him and so far from her Testators combining with the said Bannister to Defraude the Petitioners this Defendant herself Endevored to prevail upon him to foregoe his Claim but without effect and as she is informed & verily believes the whole sum due on the said Bond was actually paid by the Testator to the said Bannister JARVIS that a valuable young Horse Briddle and Saddle at the price of Ten pounds or there abouts was given in part payment & not as set forth in the Petition in full Satisfaction of the said bond.
     This Defendant further answering Saith that at the time the Demand was maid by the Said Bannister the whole of the personal Estate which was of the Petitioners Father was Exhausted in the payments of his just Debts & the necessary Disburstments except a Negro woman Page and her increase and their being other Debts of the intestate unsatisfied her Testator applied to this worshipful Court at April Term 1767 and obtaining the order herein before mentioned for a further sale of the property under which order the Two Negroes mentioned in The petition were sold at publick vandue and this Defendants Testator became the purchaser as appears by the acct. of sale returned by the Sheriff of the county and filed among the Records of this worshipful Court a copy where of hereunto annexed She prays may be taken and made a part of this her answer as to the manner of Sale this Defendant is led to believe it must have been far and legal inasmuch as it was made under the Direction of the court and by their Officer and she is informed and believes the negroes then small children sold for their value and why so sold her Testator could not become the purchaser and thereby charge the property she is at a loss to discover and must leave it to the petitioners to make appear.
     This Defendant further answering Saith that thirty four years and upwards elapsed between the death of the petitioners Father and her Testator in all which time if any thing was due to the Petitioners they certainly should have claimed it but she presumes that the petitioners well knowing the business had been fairly settled and that it would so appear had an Investigation taken place in her Testators life time have thought it most prudent and advisable to wait till after his Death and this Defendant further answering Saith that her Testator died sometime in the month of June 1795.

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And that she Qualified as Executrix to his will at August Term 1795 and shortly after advertised agreeable the Directions of the Acts of the General Assembly in such cases made and provided and that from the time she so as aforesaid advertised to the time of the exicution of the petition of the petitioners more than two years had elapsed which as she is advised were if the petitioners had any demand against the Estate of her Testator is a Sufficent Bar.  Without that that [sic] and prays to be hence Dismissed.
     /s/ Will BLAIR Att^y Deft.

Lydia JARVIS the Defendant above named maketh oath that the matters and things set forth in this answer as of her own knowledge are true and the rest she believes to be true.  Sworn to in open Court.
     /s/ Lydia JARVIS
              Feby 27^th 1798  Test

W^m TAYLOR D^y CCC

A True Copy Test S. HALL CCC

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.356 (Box); Microfilm C.201.1905672

Transcribed by Judy Merrell Brickhouse, August 2006