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State of North Carolina}
April Term 1802
Edenton District
}
Abel ASHBEE admr with the will annexed of Lazarus
LINTON Deceased who has been called to this court to shew cause why a
certio? ____? should not issue to remove the Record and Proceedings lately had
before the County Court of Pleas and Quarter Sessions of Currituck county
respecting the Probate of a Certain Paper writing exhibited in said Court Purporting to be the Last Will and Testament of the said
LazarusLINTON desereth and saeth that the said paper writing was Contested in the said
Court and that the said writing was then and there submitted to a Jury
empanelled according to the directions of the Act of the General Assembly in
such case made and provided--and that the said Jury so empanelled found the
said writing to be and contain the Last Will and Testament of the said
Lazarus LINTON and that no appeal was prayed or taken theron. He therefore
prays that the said certio? ____? may not be granted.
/s/ Abel ASHBEE
Sworn to in open Court April 16th 1802
Test. Will BLAIR Clk
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Know all men by these Presents to Whom this may Concern
that I Lazarus LINTON of the County of Currituck and State of N. Carolina am
Sick and Weak of Body but of Sound Memory Thank God for that as it is so
ordered that all Men Must Die I make and Publish this my Last Will and
Testament all but what I have given away in Deed of Gift.
Item. I give to my Wife one yoke of oxen the bed
that her Father Gave me thirty Dollars in money Two Cows and Calves three
Ewes and Lambs and I Lend the use of Negro Patience and Little Isaac for the
term of One Year untill they shall arrive to the years of Twenty one also I
bind my two youngest negroes as apprentices untill they shall arrive to the
years of Twenty one and then to be Discharged—Rose and Silve all the
Remaining part of my Personal Property to be sold at Publick Vendue for
Twelve months cred[it] and the money to be equally divided between My Wife and
my Sisters five Children.
Lazs LINTON seal
George CLARK
John BRYANT
I appoint George CLARK my executor and Arch MASON.
I certify the above to be a Copy of the Last Will and
Testament of Lazrus LINTON Decd Proved at Feby Term 1801. Examined this
4th day of April 1801.
/s/ S. HALL CCC
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Mr Abel ASHBY
You will please take notice that at the last
October Term of the Superior Court held at Edenton for the District of
Edenton a Conditional cert? ____? was granted by the Court to remove the
records and proceedings lately had before the County Court of pleas and
Quarter Sessions for the county of Currituck on the probate of a certain
paper writing by you with others exhibited to the said County Court purporting
to be the Last Will and Testament of Lazarus LINTON Decd you are therefore
requested to attend at the Superior Court at Edenton on the sixth day of
April next then and there to shew cause if any you have why the certiorari? should not be made absolute.
I am Dr Sir your most obt
Humbl Servt,
Thomas JOHNSON atty
Feby 26th 1802
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State of North Carolina}
Currituck County
}
Personally appeared before me Willis ETHERIDGE Esqr
Commissioner of Affidavits for the County of Currituck Lemuel PEED
and William CORRON in right of his Wife Ann swore oath that
Lazarus LINTON
late of said county of Currituck departed this life on or about the twenty
third day of December in the year of our Lord eighteen hundred and as these
deponents have reason to believe intestate possessed of a considerable
estate both real & personal and at the next Term of the county Court of said
County of Currituck a paper writing purporting to be the last will &
testament of the said Lararus LINTON was exhibited and by fraud & collusion
admitted to probate without any notice whatsoever to the said deponents who
are the next of kin and as they are advised the legal representatives of the
said deceased Whereby the said deponents have been greatly wronged & injured
and are informed & have reason to believe that upon a full hearing of an
investigation they can make is satisfactorily appear
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that the said paper writing so aforesaid fraudulently
& seliously proved is not the last will & Testament of the said Lazarus LINTON
deceased. The Deponants therefore pray your honour to grant unto them a writ
of Certiosan? to remove the proceedings from the said Court of Currituck
to the Superior Court of Law held for the District of Edenton. Sworn to
before me this 21st Day of September 1801.
/s/ Willis ETHERIDGE
Lemuel PEED
William CORRON
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State of North Carolina
To
Spence HALL Esquire Clerk Keeper of the Records
of our County Court of Pleas and quarter Sessions for our County of Currituck
Greeting. We being willing for certain Reasons to be Certified on a Certain
plaint in our said Court before the Justices thereof lately depending,
concerning the will of Lazarus LINTON deceased; command you that the plaint
aforesaid as fully & entirely with all things touching the same as it was
before the Justices, and now in your custody, of Record filed Remaining by
whatever name the said Parties, may be called in the same to the Judges of
our Superior Court of Law, at Edenton on the Sixth day of October next, you
Certify and send together with this Writ, that We may further cause to be
done therein as of Right we shall see fit to be done. Witness William BLAIR
clerk of our said Superior Court of Law at Edenton the XXth day of April in
the XXVIth Year of American Independence Anno Dom. 1802.
/s/ William BLAIR Clk
Currituck County} Feby Term 1801
------
State of North Carolina}
Currituck County }
December 8th 1800
We happening in Company with
Lazarus LINTON
Esquire he being Taken verry ill and as he expected for death Requested us the
Subscribers that the following Request should be proved as his last will and
Testament, Viz. that the manner plantation with priviledges thereunto
belonging should belong to my beloved Wife, during her natural life or
Widdowhood, and then to belong to my Son James so called, also that the hold
of my negroes except Stephen should be mancipated and that my land on the
North Banks should be equally divided amongst said Negroes and my two
vessels and Stephen and all the remainder of my property to be sold at Publick vendue, for two years Credit, and after debts being paid and one
dollar to be given to Archabald MASON, and one dollar to Nancy HOPKINS, and
one dollar to Patsey OTOUS? and then one fifth part of the Remainder to
my Beloved Wife and one fifth to my Son James one fifth to Patsey MASON the
daughter of Archibald MASON, one fifth part to George MASON, one fifth part
to Cutry MASON, and my gun I give to James MASON or? Joseph DANIEL and to
conclude I give my beloved Wife the sold priviledge of being my Executrix to
said will as Witness our hands this 22d Dec. and the date above written.
/s/ Joseph DANIEL
/s/ Jas MASON
/s/ Zilpah MASON
This Instrument of writing is proved before me this 22d
day of December at forty minutes after ten oclock A.M. by the oath of Joseph
DANIEL Esqr and James MASON Subscribing Witness.
/s/ Thos TILLETT J.P.
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The legatees & Divisees of Lazarus LINTON}
vs }
Disputed Will
The heirs of Lazarus LINTON deceased
}
Jury to Wit: Thomas COX 1
Simon WILSON 2 Jesse
HALSTEAD 3 James POWEL 4 William WARD 5 Joseph GREGORY 6
Mitchael GREGORY
7 James ETHERIDGE 8 Nathaniel HUTCHINGS 9 Hollowell ETHERIDGE
10 Obediah
CAPPS 11 Isaiah PARR 12 Impannelled & Sworn say the paper writing
exhibited Porporting to be the nuncupative last will and Testament of
Lazarus LINTON deceased does not contain the last will and Testament of the
said Lazarus LINTON deceased.
Know all men by these presents to whom this may
concern that I Lazarus LINTON of the County of Currituck and State of North
Carolina am sick and weak of body but of sound memory thank God for that as it is so ordered that all
men must die I make and publish this my last
will and Testament all but what I have given away in deed of Gifts.
Item: I give to my Wife one yoke of Oxen the bed
that her father gave me, thirty dollars in money, two cows and calves three
ewes and lambs and I lend the use of Negro Patience and little Isaac, for
the term of one year, until they shall arrive to the years of twenty one.
Also I bind my two youngest negroes as aprintices untill they shall arrive to
the years of twenty one and then to be discharged Rose and Silve, all the
Remainder part of my personal property to be sold at publick Vandue for
twelve months Credit and the money to be equally divided between my Wife and
my Sisters five children.
/s/ Lazarus LINTON seal
George CLARK
John BRYANT
I appoint George CLARK my executor and Archabald MASON.
Recorded & Examined this 10th day of March
1801.
By S. HALL CCC
The divisees of Lazarus LINTON}
vs }
Disputed Will
The heirs of Lazarus LINTON }
Jury the same as the last except Hollowell ETHERIDGE
Embley BUNNELL in his stead, Impannelled and sworn say, the writing produced
to them contains the last will and Testament of Lazarus LINTON decd
The last will and Testament of Lazarus LINTON was
exhibited in Open Court, and proved by the Oath of George CLARK, a
subscribing witness thereto at the same time the said George CLARK Relinquishes his right of Executorship
to the same ordered therefore that Abel ASHBEE Esqr Have the Rights of administration on the Estate of said
Lazarus LINTON decd with the will annexd at the same time the said
administrator appeared, and was qualified and gave Bond with Willoughby
WHITE and Thomas TILLETT Securities in the sum of Six thousand Pounds.
I Certify the above proceedings on both wills to
contain a true copy from the records of Currituck County Court in as full
and ample manner as they Stand on Record at this time.
Attested
S. BAXTER Dy CCC
[SOURCE: Manuscript and Archives
Reference System (MARS);
Edenton District
Superior Court Estates Records 1756-1806; MARS ID: 398.6.418 (Box);
Microfilm C.201.1905673]
Transcribed by
Judy Merrell Brickhouse,
September 2006 |
