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Currituck County Miscellaneous Estates

 Lemuel Sanderson (1796)

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Edenton District    }    October Term 1796
Superior Court of Law}
     The Replication of Joseph GRAY & Mary his Wife to the plea & amended answer (as it is termed?) of Samuel SALYEAR Defendant.

The replicants saying ____ up to them as all proper advantage of Exception & for replication say that they deny that the said Mary ever executed any Release of her Dower in the Estate of her former Husband Lemuel SANDERSON deceased that as to the Land whereon Henry GIBSON lived mentioned in the said plea the farm did belong to the said Mary as her own Estate by devise from her Father John WOODHOUSE deceased & the farm never belonged to the said Lemuel SANDERSON but as Tenant by the Curtesy; and as to the Cattle mentioned

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in the said plea, the same was bequeathed to the said Mary by the Will of the said Lemuel SANDERSON deceased & she consequently had good right to the same without any agreement or consent of the Heirs of the said Lemuel; therefore the said Replicants will aver & prove their said petition to be true certain & sufficient in the Law to be answered unto & that the said plea & answer of the said Defendant is untrue uncertain & insufficient to be replied unto by these Replicants without that & humbly prays as in they the said Peto they have already prayed.
     /s/ Blake BAKER for Repl.

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State of North Carolina
     To the Sheriff of Currituck County Greeting:  We command you that you summon a Jury of good & lawful men of your County who neither and by the said Jury lay off and assign to Joseph GRAY and Mary his Wife by proper metes and Bounds her Dower of one third part of a certain Tract or parcel of Land lying and being in your said County whereof Lemuel SANDERSON the late Husband of the said Mary died seized & possessed known and called by the name of Barefield Point which by the Judgment of our Superior Court of Law at Edenton the said Joseph GRAY and Mary his Wife recovered against Samuel SALYEAR the Younger Esquire.  Herein fail not and make due return of your proceedings herein together with this Writ to the Judges of Our said Court at Edenton on the Sixth Day of October next.  Witness William BLAIR Clerk of our said court at Edenton the XIXth Day of April in the XXIVth year of American Independence Anno dom. 1800 .
     /s/ Will BLAIR Clk

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State of N. Carolina}
  Currituck County  }
     In Obedience to the Annexed order of the Superior Court for the district of Edenton, We the Subscribers being summoned by the Sheriff and having meet on the premises and after being Qualified proceeded to lay of and set apart unto Joseph GRAY & Mary his Wife, her right of Dower in the place called the Barefield Point formerly possessed by Lemuel SANDERSON decd in the Following manner that is to say Beginning at a Willow bush standing on the side of a marsh near where the House stood Whereon Richard BARROT JUNr decd lived then running N 19 M 1 chain to a stake then N 77 E about 5 chain to a Stake thence So 19 E about 65 link to a Stake near the said Marsh thence Westerly binding on said Marsh to the aforesaid willow bush & beginning containing about one acre of land, also the said Joseph GRAY & Mary his Wife to have the privilege of Rail Timber & fire wood to support said Mary GRAYs right of Dower in said Barefield point formerly possessed by Lemuel SANDERSON decd given under our hand this 27th day of June 1800.
     /s/ Thomas HEATH   seal
     /s/ Samuel BEARNARD  seal
     /s/ Thomas WHITE  seal
     /s/ Thomas IVES  seal
     /s/ Richard [His x mark] ALLEN   seal
     /s/ Charles GIGGES?  seal
     /s/ John [His I marke] McHORNEY  seal
     /s/ Jarvis [His I marke] ALLEN  seal
     /s/ James [His x marke] PARKER  seal
     /s/ Wm LAM  seal
     /s/ Joseph [His x marke] DOWDAY  seal
     /s/ Joshua SIMSON  seal

Witness Thos. POYNER, Secr

12 Sworn @ 8/a piece    £4.16..0
Surveyor                           1...0..0 
Chain Barers                     0...5..0
Sheriff for his Services       2...0..0

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State of North Carolina
     The Plea & Rendered answer of Samuel SALYEAR defendant to the Petition of Joseph GRAY & Mary his Wife Petitioners.

The Defendant by protestation not confessing nor acknowledging all or any of the matters or things in the Petitioners said Petition contained to be true in such manner & form as the same is therein & thereby alleged for plea unto the said Petition saith that the said Mary GRAY while she was the widow of Lemuel SANDERSON & before her inter marriage with the said Joseph GRAY to wit on the ninth day of October in the year 1775 in consideration that she should be permitted to hold the plantation whereon a certain Henry GIBSON then lived (being part of the lands belonging to the estate of the said Lemuel SANDERSON her Husband) did bind herself to one John SANDERSON under whom this Defendant claims in the manner & form following that is to say--

    No Carolina    }
Currituck County}
     Know all men by these presents that I Mary SANDERSON of the County and Province afsd am held and firmly bound unto John SANDERSON of the same County and province, in the just sum of one hundred and fifty pounds procl. Money of No Carolina to be paid to the said John SANDERSON his heirs Exers or Admrs for which payment well and truly to be made I do hereby bind myself my heirs, Exrs & admrs jointly and severally for and in the whole sum afsd firmly by these presents sealed with my seal and dated this 9th day of Octr anno Dom. 1775.  The condition of the above obligation is such that if the above bound Mary SANDERSON do & shall rest herself content & satisfied with the Plantation whereon Henry GIBSON now lives as her full third of all her deceased Husband Lemuel SANDERSONs lands & shall never here after by herself or any

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person under her, claim any more than the aforesaid Plantation & appurtenances thereto belonging then this above obligation to be void & of none effect other wise to remain in full force & virtue in law.
     /s/ Mary [Her x mark] SANDERSON   seal

Signed sealed & delivered in the presence of
     William GAMEWELL and Mary NIEL?

     And this defendant proves that the said Mary has held the said land where on the said Henry GIBSON then lived from that date in her possession & in the possession of the said Joseph GRAY since their intermarriage & for this consideration for the bond aforesaid the cattle that were devised to her by the will of her former Husband Lemuel SANDERSON were delivered to her at the aforesaid place whereon the aforesaid Henry GIBSON formerly lived. All which matter this defendant doth aver & plead in bar of the petitionerís said petition & of the Petitionerís pretended demands for which they seek relief; & this defendant prays to be dismissed with his costs &c.
     And this Deft. by way of amended answer with leave? not confessing  & saith that the said Mary GRAY while she was the Widow of Lemuel SANDERSON & before her intermarriage with the said Joseph GRAY to wit on the 9th Day of October 1775 in consideration that she should be permitted to hold the plantation whereon a certain Henry GIBSON then lived (being part of the lands belonging to the estate of the said Lemuel SANDERSON her Husband) did execute to a certain John SANDERSON at that time the guardian of the heirs

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the paper writing above stated, in manner as above set forth and this Defendant sayeth that according to the meaning understanding & intent of the partys at the time, it was understood and intended that the said Mary did thereby release & discharge herself of her Dower by the said writing and did altogether acquit the Heirs by their guardian of any further claim to Dower more than is therin stated and such being the plain & obvious meaning & intent of the partys, this Defendant is advised that the said writing hath _____ed have the operation of a Release ______ or acquittal of Dower on the part of the said Mary and the Defendant is further advised that she is further by her own agreement excused? from contradicting the same by Petition or otherways in demand of such claim. Without that and this the Deft. is ready to verify and the Defendant further sayeth that the said Mary has held the said land stated in the said agreement, whereon the said Henry GIBSON then lived, from that Date in her possession and in the possession of the said Joseph GRAY since their intermarriage and this Deft. further sayeth that in further consideration of such release of Dower as intended in and by the said agreement the cattle that were devised to her the said Mary by the will of her former Husband Lemuel

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were delivered to her at the said place whereon the said Henry GIBSON formerly lived and this the Deft. is also ready to verify & prove and the Def. further sayeth that the said Lemuel SANDERSON the former Husband of the said Mary did not die seized of the premises stated in her said petition & amended petition and that the said Lemuel never had a right in fee simple to the same without that & this the Deft. is also ready to verify & prayeth to be have dismissed with his reasonable Costs & charges in the behalf ____fully expended.
     /s/ [attorney's name unreadable]

John WILLIAMS maketh aff. that he delivered a copy of the above plea to Joseph GRAY upwards of 3 weeks past.  Sworn in open Court.
     /s/ John WILLIAMS

Test. Will BLAIR Clk
     April 8th 1799

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.594 (Box); Microfilm C.201.1905674]

Transcribed by Judy Merrell Brickhouse, September 2006

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© 2006  Kay Midgett Sheppard