Asahel Simmons (1795)

Page 1
Rec^d September 25^th 1795 of George HOWARD Seven Pounds eighteen shillings it being part of my part of the Judgment obtained against the Adm^r of Asahel SIMMONS

I so rec^d pr me
     /s/ Thomas BRUMSEY

Page 2
State of North-Carolina
     To the Sheriff of Currituck County, Greeting:  You are hereby commanded, that of the goods and chattels, of Asahel SIMMONS in the hands of George HOWARD & Mary his Wife Administratrix &c. of the said Asahel (in your bailiwick) you cause to be made the sum of Twelve Pounds thirteen shillings which lately in our Superior Court of Law held for the District of Edenton, was taxed and adjudged as the costs and charges of a suit there brought by Thomas BRUMSEY against them whereof the said George HOWARD & Mary his Wife are convicted and liable as to us appears of record, besides your own fees for this service. And have you the said monies before the Judges of the said court, to be held for the district of Edenton, at the court-house in Edenton, on the Sixth day of October next, then and there to render to the said Thomas BRUMSEY for his costs and charges aforesaid.  Herein fail not, and have you then and there this Writ. Witness William BLAIR, Clerk of the said court, at Edenton, the XVIII^th day of April in the XIX^th year of the Independence of the said State, Anno Dom 1795.

Page 3
Asahel SIMMONS adm^r}
                vs                      }
      Andrew DUKE          }

Page 4
State of North-Carolina
     To the Sheriff of Currituck County, Greeting:  You are hereby commanded, that of the Goods and chattels, lands and tenements of Asahel SIMONS deceased in the hands of this Administrator (in your bailiwick) you cause to be made the sum of Thirty six Pounds twelve shillings & ten pence which lately in our Superior Court of Law held for the district of Edenton, was taxed and adjudged as the costs and charges of a suit there brought by them against Andrew DUKE whereof the said Administrators are convicted and liable as to us appears of record, besides your own fees for this service. And have you the said monies before the Judges of the said court, to be held for the district of Edenton, at the court-house in Edenton, on the Sixth day of April next, then and there to render to the said Andrew DUKE for his costs and charges aforesaid. Herein fail not, and have you then and there this writ. Witness William BLAIR, Clerk of the said court, at Edenton, the XVIII^th day of October in the XIX^th year of the Independence of the said state, Anno Dom. 1794.
     /s/ Will BLAIR Clk

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.1248 (Box); Microfilm C.201.1905948

Transcribed by Judy Merrell Brickhouse, August 2006

Ashel Simmons (1799)

Page 1
Ashel SIMMONS's Admr}     Edenton Superior Court of Law
                    vs                   }     April Term 1793
       Andrew DUKE          }

These are to certify that Jemema MACKEY hath attend this Court Four days this term as a witness for the Defendant in this suit.

Sworn to before me Will BLAIR Clk

Page 2
State of North-Carolina
     To the Sheriff of Currituck County, Greeting:  You are hereby commanded to summon Samuel FEREBEE Esquire and William MAUND personally to be and appear before the Judges of the Superior Court of Law at Edenton, on the Sixth day of April next, then and there to testify and the truth to say in behalf of the Defendant in a certain matter of controversy in the said court depending, and then and there to be tried, wherein Ashel SIMMONS’s Orphans are Plaintiffs and George HOWARD Ex Adm. of A. SIMMONS deceased are defendant. And this you shall in no wise omit, under the penalty by law enjoined. Witness William BLAIR, Clerk of the said Court, at Edenton, the XX^th day of October in the XXV^th year of our Independence, Anno Dom 1800.
     /s/ Will BLAIR Clk

Page 3
State of North-Carolina
     To the Sheriff of Currituck County, Greeting:  You are hereby commanded to summon William TATEM the Elder Andrew DUKE, Thomas POYNER, William TAYLOR & Willis ETHERIDGE personally to be and appear before the Judges of our Superior Court of Law at Edenton on the Sixth Day of October next then and there to testify and the truth to say in behalf of the Plaintiffs in a certain matter of controversy in our said Court depending and then there to be Tried wherein the Orphans of Asahel SIMMONS are Plaintiffs and George HOWARD and Wife are Defendants and this you are in nowise to omit under the Penalty enjoined by Law.  Witness William BLAIR Clerk of our said Court at Edenton the XX^th Day of April in the XXIII^th year of our Independence A.D. 1799.
     /s/ Will BLAIR Clk

Page 4
State of North-Carolina
     To the Sheriff of Currituck County, Greeting:  You are hereby commanded to summons William ETHERIDGE personally to be and appear before the Judges of the Superior Court of Law, at a court to be held at the Court-House in Edenton, on the Sixth day of April next; then and there to testify and the truth to say in behalf of the Plaintiffs in a certain matter of controversy before said Court depending, and then and there to be tried, wherein Samuel ONEIL & others are Plaintiffs, and George HOWARD & Wife are defendants. And this you shall in no wise omit, under the penalty by law enjoined. Witness William BLAIR, Clerk of the said Court, at Edenton the XIX^th day of October in the XXIII^th year of our Independence, Anno Dom 1799.
     /s/ Will BLAIR Clk

Page 5
State of North-Carolina
     To Jesse SIMMONS and William SIMMONS Esquires or any two Justices at ___ to keep the peace in & for the County of Currituck Greeting.  Know Ye, that we, in confidence of your prudence and fidelity, have appointed you, and by these presents do give you full power and authority, in pursuance of an order of our Superior Court of Law, made in a cause wherein Samuel O’NEAL & others are plaintiffs and George HOWARD & Wife are defendants, at such time and place as you shall think fit, to take upon oath the deposition of Willis ETHERIDGE Esquire, Colonel Andrew DUKE Esquire Thomas PINER Esquire, & William TATUM SENIOR Mrs. Sarah DUKE touching and concerning what they may know in and abut the said controversy.  And that you take such deposition in writing, and return the same closed up under your hands and seals to our said court, to be held for the district of Edenton, on the Sixth day of April next, at the court-house in Edenton, together with this writ. Witness William BLAIR , Clerk of the said court, the XV^th day of October 1799 and in the XXIII^th year of our independence.

Page 6
State of N. Carolina}
  Currituck County  }
     Agreeable to the above annexed Commission We Jesse SIMMONS and William SIMMONS Esq. for the County afs^d Authorizing and Impowering to cause to come before us at the dwelling of Mr^s SURR on the 30^th Day of November 1799 between ten oclock and three in the after noon on the same Day Willis ETHERIDGE and Tho^s POYNER Andrew DUKE Esq. and William TATUM SEN. and Sarah DUKE who being of lawful age and duly sworn on the Holy Evangelist of Almighty God to testify and the truth to say in touching and concerning what they may know in and about the said controversy wherein Sam^l ONEEL & etals are plaintiff and George HOWARD & Mary his Wife are defendants Willis ETHERIDGE Esq. Deponant Reporteth & sayeth that he try^d a complaint of George HOWARD Adm. in right of his Wife against Benjamin TAYLOR guardⁿ to the orphans of Col. Asahel SIMMONS Dec^d and found that the Defendant had over paid the Plaintiff which complaint was twelve pounds and further the deponent sayeth not
     /s/ Willis ETHERIDGE

     Tho^s POYNER Esq. Deponant Reporteth and sayeth that some years past he was at Willis ETHERIDGE Esq. and Benjamin TAYLOR SEN. and George HOWARD being present A dispute arose between them Respecting not all the notes belonging to the Estate of Col. Asahel SIMMONS Dec^d estate being Inventory^d and being call^d upon by Mr. Benj .TAYLOR to take an account of the amount of the notes which amt. appear^d to be three hundred and Twenty six pound eighteen shillings and Two pence which was then taken down by the Deponant and this deponant further sayeth that he did not hear the said George HOWARD confess nor deny that the said notes taken down by him belonged to the Estate of Col. Asahel SIMMONS Dec^d and this deponent further sayeth not.
     /s/ Tho^s POYNER
Given under our hands this 30^th day of Nov. 1799

Page 7
     William TATUM SEN. Deponant & Reporteth and sayeth that some time after nearly or within twelve days the death of Col. Asahel SIMMONS Dath that the deponant went to the house of the dec^d and after having some conversation the widow of the dec^d she told him that the dec^d had left some money which she would wish to save for the small children which was to raise and that the deponant told her that she could not save the money for her children if she proposed to administer without being foresworn and that the Widdow told him that she expected for Co^l POYNER to Administer on the estate.
     /s/ William TATUM

     Col. Andrew DUKE Deponant Reporteth and sayeth sometime after the Death of Col. Asahel SIMMONS I happen in conversation with the Widdow of said Dec^d she talked about his having money in his life time and some considerable at his death. I asked her if she had not administered and she said yes I told her I understood that she had returned an Inventory of thirty five pounds and she also said she had I ask her afterward what was become of his money as he had told me sometime before he died he had a thousand dollars she answered there was & that she had kept such a quantity back then I ask her the Quantity forty half joes Eight joes and a hundred hard dollars then I ask her what she would do with her oath respecting administration then I ask her what she intended to do with the money she answered to buy land for her children she made mention she Intended to buy the land whereon now Edward WALKER lives then she sent between Eight and ten Dollars by me to Norfolk to buy neceries for her self and family which articles I bought and returned her the Ballances if any then she desired that I would not let Mr. TAYLOR know it as she was afraid he might trouble her and further this Deponant sayeth not.
     /s/ Andrew DUKE
         Jesse SIMMONS JP
         W. SIMMONS      JP                                             

[SOURCE: Manuscript and Archives Reference System (MARS); Edenton District Superior Court Estates Records 1756-1806; MARS ID: 398.6.612 (Box); Microfilm C.201.1905674

Transcribed by Judy Merrell Brickhouse, August 2006