William Muncrief (1767)

Page 1
To Capt. William BRAY
Sir
     To the deffrence between Me & Mr^s MUNCRIEF is made up thereunto desire you to Discharge her She paying the Cost all but the Atty fee as I become paymaster for that your cumplyance will much oblige your hb^l sv^t
     /s/ Jn^o PASTEUR
              Nov. 14, 1767
Test David MANNING

Page 2
North Carolina
    Edenton
     George the Third, by the Grace of God, of Great-Britain, France, and Ireland, King, Defender of the Faith, etc. to the Sheriff of the County of Curratuck Greeting. We command you that you take Sarah MUNCRIEF adm^x &c. of William MUNCRIEF dec^d (if to be found in your Bailiwick) and her keep, so that you have her before our Chief Justice, and his Associate, at the next Superior Court of Justice, to be held for the District of Edenton at the Court-House in Edenton on the twentieth day of November next; then and there to answer John PASTEUR of a plea of Trespass the case damage Twelve Pounds proclamation money.  Herein fail not; and have you there this Writ.  Witness Martin HOWARD Esq. Chief Justice of our said Province, at Edenton the thirtieth Day of May in the Seventh year of our Reign. Anno Dom. 1767.
     /s/ Sam JOHNSTON

Page 3
North Carolina}     Superior Court of Pleas
     Edenton     }     November Term 1767
     John PASTEUR complains against Sarah MUNCRIEF Administratrix of all and Singular the Goods and Chattles Rights and Creditts that were of W^m MUNCRIEF deceased at the time of his death in Custody & for that Whereas the said W^m MUNCRIEF in his Life Time to Wit the (blank) Day of (blank) in the year of our Lord Christ one thousand seven hundred and Sixty (blank) at Curratuck in the Province aforesaid was indebted unto the said John PASTEUR in the sum of eight Pounds Ten shillings & Seven pence Proclamation money for Diverse Goods Wares and Merchandizes by the Plaintiff to the said William at this Special Instance sold and delivered as also for Divers sums of money by the said William before that time received to and for the use of the Pl^t and being so thereof Indebted he the said William afterwards that is to say on the same day and year and at Curratuck aforesaid in Consideration thereof then and there undertook and faithfully Promissed that he the said William would Well and Truly content and pay to the said John the said sum of Eight Pounds Ten shillings and Seven pence Proclamation when ever after he should be thereunto Required and whereas the said W^m MUNCRIEF afterwards that is to say in his Life time to Witt the day year and at Curratuck aforesaid was Indebted unto the said Jn^o PASTEUR

Page 4
in another Sum of Eight Pounds Ten shillings & seven pence of like Proclamation money of North Carolina for Divers goods wares and merchandizes by the said John unto the said William at his Speciall Instance and Request before that time sold and delivered in Consideration thereof the said William in his Life time to witt the day and year at Curratuck aforesaid then and there undertook and faithfully Promised that he the said William would so fully truly pay to the said John so much money as the Last Mentioned goods Wares and Merchandizes were reasonably Worth at the time of the sale and delivery thereof whenever after he should be thereunto required and the said John doth over in fact that the said Last Mentioned goods wares and merchandizes so sold by the said John to the said William as above were at the time of the sale and delivery thereof reasonably worth the further sum of Eight Pounds Ten shillings and Seven pence money aforesaid of which the said William had notice to witt at Curratuck aforesaid the day and year aforesaid Neverthless the aforesaid W^m in his Lifetime his severall Promisses and assumptions so as aforesaid made not in the least Regarding but contrieving & Fraudulently intending craftily and subtilty to defraud & deceive the said John in this Particular did not in his Life time pay the said severall sums of Money or any Penny thereof although he was by the said John thereunto Requested afterwards to witt the day year and Place

Page 5
Aforesaid but the same to pay did in his Life time altogether refuse and the said Sarah since the Death of the said William hath refused to pay the same unto the said John although by him often Requested since the death of the said William and since administratrix of the said Williams Estate hath been granted to her to witt the Tenth day of September in the year of our Lord One thousand Seven Hundred and Sixty Seven at Curratuck aforesaid and the said Sarah still doth Refuse to pay the same to the Plaintiff Damage (blank) Pounds Proclamation money and therefore Brings this suit.
     /s/ Samuel RIDDICK

   PASTEUR             }
          vs                     }            Fi Fas
MUNCRIEFF Adm^x }            For Costs

All fees paid so says Sol^o PERKINS JR.

May 1768 - Not Executed
Will. BRAY the former Sheriff paid the Costs to the Clerk last Court says Sol^o PERKINS

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.483 (Box); Microfilm C.201.1905673]

Transcribed by Judy Merrell Brickhouse, September 2006