HOWETT, RICHARD

State of North Carolina
Tyrrell County
Dated 13 May 1805


In the name of God amen: I Richard Howett of Tyrell County of the State of North Carolina calling to Mind the uncertanty of this life and being of perfect mind and memory blessed be God for the same do make and ordain this to be my last Will and Testament and as touching my worldly estate wherewith it has pleased God to bless me in this life I give and dispose in the following manner and form.---

Item - I give unto my well beloved wife Lydia Howett one negro woman called Genea one feather bed and furniture three ploughs three plough harness one yoke of oxen one ox chain one mare called Peg one horse called Hob Nob four cows and one half of my sheep eighteen head of hogs with three sows and pigs all the provision on hand the sugar and coffee all the spirits all my crockery ware one cross cut saw one hand saw two drawing knifes one frow three axes two chair irons one three quarter auger all my gimblets one claw hammer four pair iron wedges all my chairs one riding chair and harness one hunting saddle five linen wheels two woling wheels one large pine chest one safe one pair fire tongs and shovel two pair fire dogs one mahogany dressing table one tea board, I also lend the use of the following negroes one negro woman called Moll one negro woman called Chloe one negro boy called Washington on conditions that my wife raises the increase of these two negro women lent during her life, also I lend to my wife one negro man called Squire during her natural life one piece of Cypress Swamp adjoining Leven Roads to work what timber she please I lend to my wife two pots and tramels -- one tea kettle I lend to my wife Lydia Howett my Manner Plantation bounded as follows untill my son Richard Howett shall arrive to the age of twenty one beginning at a point of branch in the Plantation opposite where the gate now stands and running South fifteen degrees East to the back line of my patent and at my son Richard Howetts arriving at the age of twenty years then my wife is to have the one half only and that her choice with the house during her natural life, I give unto my son Richard Howett the Plantation whereon I now life as is above described beginning at a point of branch in the plantation opposite where the gate now stands and running south fifteen degrees east to the back line of my patent and then the various courses of the pattern to the wesward round to the first station to him and his heirs forever excepting the time my wife is to have the use of it ---

Item - I give unto my son Silvenus Howett a piece of land where Josh Davenport lived beginning in the Branch between that and my other clearing and running out the branch as far as the branch extends and then South to the back line to said swamp and the various courses of the swamp to the first station to him and his heirs hereafter forever ---

Item - I give unto my son Abram Howett a piece of land and plantation beginning at the point of branch where my sons Richads begins opposite the gate and running out his line South fifteen degrees East to the back line and along the back line Easterly untill until it strikes Silvenus Howetts and along his line to the banch and along the middle of that branch to the swamp and along Sandersons swamp to a branch and along that branch to the first station also I give to my son Abram Howett my blacksmith tools---

Item - I leave to my son Richad Howett one still it is my will and desire that negro woman Tamer and negro woman Silve be sold by my executors at six months credit to the highest bidder at public auction the purchaser giving bond with good security and the money arising from said sail shall be equally divided between Charlotte Windsor and Patsey Windsor as their full share of my estate, I give my son Silvenus Howett a negro boy called Washington that I have lent to my wife at her death ---

Item - I leave all the land and swamp on the east side of Great Allegator to be sold public by my executors at twelve month's credit the purchaser giving bond and security and the money arises to be appropriated to the schooling my six children Abram Howett Anne Howett Lydia Howett Polly Howett Silvenus Howett, I leave one piece of Cyprus swamp adjoining the land of Thomas Hopkins and John Dillon to be sold a six months credit by my executors and one half the money arising from said sale to the use of Abram Spruill after said Spruill shall pay one half of the charges of entry and survey and patent and the other half of the schooling the six children as before ---

Item - I give to my three sons Richard Howett Abram Howett Silvenus Howett all my Cyprus swamp lying in Ship Point Swamp ---

Item - I give to my son Richard Howett piece of land called half pone containing eighteen acres ---

Item - I give to my daughter Betsey S. Howett one feather bed and furniture ---

Item - I give to my daughter Anne Howett one feather bed and furniture ---

Item - I give to my daughter Lydia Howett one feather bed and furniture ---

Item - I give to my daughter Polly Howett one feather bed and furniture ---

Item - I give to my daughter Mehala Howett one feather bed and furniture ---

I make and ordain my well beloved brother Silvenus Howett and my well beloved wife Lydia Howett my executor and executrix to this my last Will and Testament as witness whereunto I have set my hand and seal this thirteenth day of May one thousand eight hundred and five.

Signed Sealed published in the presence of us

Richard Howett (Seal)


Abrm Alexander
W. Howett
John Roads (his mark)


Minutes
Tyrrell County Court of Pleas & Quarter Sessions


July Session 1805

Abner Alexander Esquire one of the witnesses the last will and testament of Richard Howett deceased came into court and swore that he saw the said Richard Howett sign seal and pronounce the said instrument to be his last will and that he saw the other witnesses sign said will also.

Mrs. Lydia Howett came into open court and quallified as executrix to the last will and testament of Richard Howett deceased.

January Session 1806

Capt. Silvenus Howett came into open court and qualified as executor to the last will and testament of Richard Howett deceased.

November Session 1808

Amount of sales of the hire of negroes and rent of land belonging to the heirs of Richard Howett deceased was returned into court by James Hoskins for the executors to the amount of two hundred and seven pounds, eleven shillings 7 6 pence.

Amount of sales of two negroe women the property of Richard Howett deceased sold agreeable to the last will and testament of said deceased for the benefit of his daughters Patsey and Charlotte Winsors to the amount of two hundred and thirty pounds was returned into court by James Hoskins for the executors of said deceased.

Ordered that Abner Alexander Esqr. Colo. Jesse Alexander & Saml. Spruill Esqr. be appointed to audite and settle the accounts of Richard Howett deceased with James Hoskins attorney for the executors of said deceased amongst the lawfull heirs and make returns to next court or a majority of said commissioners.

February Session 1809

Colo. Jesse Alexander returned in court the audited accounts and division of the estate of Richard Howett deceased filed.

June Session 1810

Ordered that Moses E. Cator be allowed ninty pounds agreeable to his account rendered for boarding & cloathing Polly Howett Mahaley Howett and Silvenus Howett orphans Richard Howett deceased two years.

December Session 1810

Ordered that Moses E. Cator be appointed guardian to Betsy Howett Abraham Howett Lydia Howett Polly Howett Mahala Howett and Silvanus Howett orphans of Richard Howett deceased and has entered into bond in the sum of five thousand pounds Solomon Hassell & Joseph Ansley his securities.

Ordered that James Hoskins attorney for the executors of Richard Howett deceased pay into the hands of Moses E. Cator guardian to the orphans of said deceased the ballance due said estate remaining in his hands.

Ordered that Colo. Jesse Alexander Abner Alexander and William Howett or a majority of them audite and settle the accounts of James Hoskins attorney for the executors of Richard Howett deceased and make returns to next court.

October Session 1812

Ordered that Moses E. Cator be allowed one hundred and ninty six dollars and 50 cents for the support of Polly Howett Mahaley Howett and Salvanus Howett orphans of Richard Howett deceased as per account filed.

Ordered that James Hoskins Jesse Alexander and Samuel Spruill Esqrs. audite and divide the estate of Richard Howett deceased among the lawfull representatives and make return to next court.

April Session 1813

Jesse Alexander Sheriff returned in court the audited accounts of division of the estate of Richard Howett deceased filed.

July Session 1814

Ordered that Richd. Howett be appointed guardian to Elizabeth Howett Ann Howett Lydea Howett Polly Howett Mahala Howett & Sylvenus Howett orphans of Richd. Howett deceased in the term (?) of Moses E. Cator and entered into bonds in the sum of five thousand pounds Jno. Marriner & Daniel Bateman securities.

Ordered that James Hoskins Esqr. Robert Wynne & John Haughton audite & settle the estate of Richd. Howett deceased with Moses E. Cator the former guardian & make returm to next term.

Ordered that James Hoskins Esqr. Robt. Wynne & John Haughton lay off to Abram Howett his part of the negroes belonging to the estate of Richd. Howett deceased & make return to next term.

Ordered that Moses E. Cator be allowed the sum of $30 for board & clothing Sylvenus Howett Junr. from the 21st of July 1812 to the 21st of July 1813, agreeable to account filed.

October Session 1814

The audited account of the heirs of Richd. Howett deceased was returned to court & ordered filed.

April Session 1816

Ordered that James Wood be appointed guardian to Ann Howett, Lydia Howett, Mary Howett, Mahala Howett and Silvanus Howett orphans of Richard Howett deceased, and has entered into bond agreeable to law, John Marriner and Benjamin Bateman his securities.

Ordered that Robert Wynn Jesse Alexander and John Haughton Esqrs. be appointed to audite to settle the accounts of Richard Howett guardian to the orphans of Richard Howett deceased so far and to divide to Ann Howett her part of said property agreeable to law, and make returns to next court.

Ordered that Richard Howett guardian to Ann Howett be allowed seventy two dollars for her board up to January 1st 1816.

Ordered that Richard Howett guardian to Mary Howett be allowed $45.00 for Mary Howett's board up to the 1st day of January 1816.

July Session 1816

Richd. Howett returned into court the audited accounts of the estate of Richd. Howett deceased as guardian to the orphans was returned into court ordered filed.

January Session 1817

The account of the negro hire belonging to the heirs of Richd. Howett deceased for 1817 amounting to $175.00 & filed.

January Session 1818

James Wood guardian to the heirs of Richard Howett deceased returned this day in open court under oath, an account of the hire of the negroes belonging to said heirs.

October Session 1818

Ordered that Robert Wynn John Houghton Richard Wood & Daniel Bateman or any three of them be appointed to divide the negroes belonging to the estate of Richd, Howett deceased and set off to Lydia Howett one of the heirs of said deceased her part agreeable to will & make return to next term.

January Session 1819

Division of the negroes belonging to the estate of Richd. Howett deceased so far as respects Lydia Howetts part was returned to court & filed.

Ordered that Sylvenus Howett be appointed guardian to Mahala Howett Polly Howett & Sylvenus Howett Junr. orphans of Richard Howett deceased in terms of James Wood former guardian & entered into bond in the sum of one thousand pounds each ordered that he receive the estate of said heirs out of the hands of the aforesaid former guardian & account for the same as the law directs.

James Wood guardian to the heirs of Richd. Howett returned his accounts received & filed.

Ordered that John Meekins Esqr. John Houghton Daniel Bateman & Richd. Wood or any three of them be appointed to audite the accounts between James Wood former guardian to the heirs of Richd. Howett deceased & said heirs & make report to next term.

April Session 1819

The audited account between James Wood former guardian to the heirs of Richd. Howett deceased & said heirs was returned in open court & filed.

October Session 1821

Ordered that Samuel Spruill William Spruill Daniel Bateman & Colo. Richard Howett or any three of them be appointed to divide the negroes of the estate of Richard Howett deceased between Mary, Mahala & Sylvanus Howett children heirs at law & devisees of Richd. Howett deceased according to the last will & testament of said deceased and make report.

Report of the division of the negroes of Richd. Howett deceased was confirmed & returned to court & filed.

October Session 1822

Sylvanus Howett appeared in open court & renewed his bond as guardian to the orphans of Richd. Howett & filed.

January Session 1824

On motion it is ordered by the court upon suggestion of the insolvency of Sylvanus Howett that a rule be obtained against the said Howett as guardian to the orphans of Richd. Howett to appear at the next court & shew cause if any he has why he should not be removed from his said guardianship & that a copy of this rule be served on him.

July Session 1824

Silvanus Howett came into open court and resigned the guardianship of the orphans of Richd. Howett deceased and the securities of the said Silvanus Howett, to wit James Hoskins & Richd. Brickhouse are discharged.


North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.24), Box 24
Howett, Richard, 1805


Certificate from the clerk of Perquimans County stating that the balance due from Richard Howett administrator of Abraham Howett deceased is 75 pounds, 5 shillings & 2 pence based on the auditor's report filed in his office on 8 Aug 1803.

Account of Richard Howett Esquire with Leven Cator with purchases ranging from 28 Feb 1804 to 10 Apr 1805.

Note dated 30 Sep 1805 in which Levin Cator & Moses E. Cator promise to pay 53 pounds, 5 shillings and six pence after six months to Mrs. Lydia Howett one of the executors of Richard Howett deceased.

Account of sales of the remaining part of the perishable property of Richard Howett deceased on 8 Feb 1806. Buyers include Lydia Howett (39), Henry Alexander (10), Benjamin Alexander (1), Jno. Roads (2), Ashbury Alexander (1), Levin Roads (2), Benjn. Dillon (2), Hezh. Brickhouse (4), Jesse Alexander (1), Thomas Meekins (2), Sarah Brickhouse (1), Jno. Brickhouse (2), Leml. Gregory (4), James Hoskins (13), Zail Johnson (2), Danl. Sawyer (2), Peter Brickhouse (3), Archd. Howett (3), Saml. Spruill Esq. (1), Richard Davis (1), Matthew Brickhouse (3), Robert Wynne Esq. (1) & William Howett (1). Sale by James Hoskins for the executors and totaling 111 pounds and 10 1/2 pence.

Summons issued 24 Feb 1806 for Moses E. Cator & Levin Cator to appear at court on the fourth Monday of April next to answer unto Sylvanus Howett & Lydia Howett executors of Richard Howett deceased in a plea that they return to them 53 pounds 5/6 which they unlawfully detain from them plus 50 pounds current money in damages.

Summons dated 28 Oct and issued 29 Oct 1806 for Moses Cator & Levin Cator to appear at court on the fourth Monday of January next to answer unto Sylvanus Howett & Lydia Howett executors of Richard Howett deceased in a plea that they return to them 53 pounds 5/6 which they unlawfully detain from them plus 30 pounds current money in damages.

Summons dated 28 Oct 1806 and issued 8 Nov 1806 for Lydia Howett & Silvenous Howett to appear in court on the fourth Monday in January next to testify on behalf of Levin Cator and his wife Ann in a suit in which Levin Cator and Ann his wife are plaintiffs and Richard Howett's executors are defendants.

Petition in October Term 1806 by Levin Cator and Anne his wife who say that Abraham Howett of Perquimans County departed this life intestate and Richard Howett was granted administration upon his estate and his accounts were audited and settled in Perquimans County in August Term 1803 showing a balance of 75 pounds, 5 shillings & 2 pence due your petitioner Anne, she being the only child and next of kin of said Abraham Howett deceased. Richard Howett has since died leaving a will that appointed Lydia Howett & Sylvanus Howett his executors. Request that Lydia Howett & Sylvanus Howett be summoned to next court and commanded to pay said balance and interest.

Summons dated 29 Jul 1807 and issued 5 Aug 1807 for Levin Cator to appear in court on the fourth Monday of October next to answer unto Sylvanus Howett & Lydia Howett executors of Richard Howett deceased in a plea of trespass on the case to their damage 50 pounds.

Summons dated 1 May 1808 for Matthew Brickhouse Senr., Colo. Jesse Alexander & Mary Henry to appear in court on the fourth Monday in August next to testify on behalf of Levin Cator in a suit in which Jas. Hoskins agent for Richd. Howett deceased executors is plaintiff and Levin Cator and wife are defendants.

Summons dated the first Monday in November 1808 and issued November Term 1808 for Colo. Jesse Alexander to appear in court the first Monday in November and testify on behalf of Leven Cator in a suit in which Richard Howett's executors are plaintiffs and Leven Cator is defendant.

Audit of the accounts of James Hoskins, attorney for the executors of Richard Howett deceased completed on 29 Dec 1808 by Samuel Spruill, Abner Alexander & Jesse Alexander. Balance due the heirs of 51 pounds, 5 shinnings and 1 penny.

Division of the estate of Richard Howett deceased on 29 Dec 1808 by Samuel Spruill, Abner Alexander & Jesse Alexander so far as respects his son Richard's part. Negroes Brutus, George, Tom, Gi----, Agga, Dolly, Mariah & Spencer were valued at $960.10. Adding the 51 pounds, 5 shillings and 1 penny due the heirs the total come to 1,011 pounds, 15 shillings and 1 pence, making the share of each heir 126 pounds, 9 shillings, 4 1/4 pence. Other heirs listed beside Richard Howett are Betsy Howett, Abraham Howett, Anna Howett, Lydia Howett, Polly Howett, Mahaly Howett & Sylvanus Howett. Richard Howett drew negro George valued at $200, leaving 73 pounds, 11 shillings & 7 3/4 pence that he owes to his brothers and sisters.

Bond dated 27 Dec 1810 in the amount of five thousand pounds appointing Moses E. Cator guardian of Betsy Howett, Abram Howett, Lydia Howett, Polly Howett, Mahala Howett & Silvanus Howett, orphans of Richard Howett deceased, Jno. Marriner Jr. & Solomon Hassell securities.

Bond dated 11 Jul 1814 in the amount of five thousand pounds appointing Richard Howett Senr. guardian of Eliza Howett, Ann Howett, Lydia Howett, Polly Howett, Mahala Howett & Sylvanus Howett, orphans of Richard Howett deceased, John Marriner & Daniel Bateman securities.

Complaint of Sylvanus Howett, an infant under the age of twenty one, by his guardian Richard Howett against Azeal Johnson in a plea of trespass. In January of 1813 Azeal Johnson leased a farm and dwelling known as Davenports for $11 per year from Moses E. Cator, then guardian of Sylvanus Howett. Part of the agreement was that Azeal Johnson was to put the farm into complete repair during the lease and mend all fences. Upon termination of the lease the fences had not been repaired and said Johnson had repeatedly refused to do so. In addition, he scraped up all the manure on the farm and hauled it off for his own use, leaving the farm in ruinous condition and impoverished by taking away of the manure.

Summons dated the sixth Monday after the fourth Monday in March 1815 and issued 18 Oct 1815 for Polly Snell to appear in court on the sixth Monday after the fourth Monday in September next to testify on behalf of Richard Howett's guardian Silvanus Howett in a suit in which Richard Howett's guardian is plaintiff and Azeal Johnson is defendant.

Summons dated the sixth Monday after the fourth Monday in March 1815 for Arthur Davis & Elisha Stiron to appear in court on the sixth Monday after the fourth Monday in September next to testify on behalf of Richard Howett's guardian Silvanus Howett in a suit in which Richard Howett guardian to Sylvanus Howett is plaintiff and Azeal Johnson is defendant.

Bond dated 8 Apr 1816 in the amount of five thousand pounds appointing James Wood guardian of Ann, Lydia, Mary, Mahala & Silvanus Howett, or[hans of Richard Howett deceased, Jno. Marriner & Benjamin Bateman securities.

Execution dated 4 Nov 1816 and issued 28 Nov 1816 against the goods and chattels of Sylvanus Howett in the hands of his guardian Richard Howett for 15 pounds, four shillings and eight pence which lately in the Superior Court of Law Azeal Johnson recovered against him for costs and charges.

Note dated 1 Jan 1817 in which Abraham Howett, Richard Howett & Thomas Meekins promise to pay $175 to James Wood guardian of the heirs of Richard Howett upon demand after twelve months. Witnessed by Jesse Alexander.

Account of the hire of negroes belonging to the estate of Richard Howett deceased on 1 Jan 1817 for the year 1817. Abraham Howett hires negro man Jim, boy Spencer, girl Agga, girl Mariah, old woman Doll and Cloe & 3 children for $175.10 and is credited $30 for keeping them.

Bond dated 12 Jan 1819 in the amount of one thousand pounds appointing Sylvanus Howett guardian of Silvanus Howett, orphan of Richard Howett deceased, James Hoskins & Richard Davis securities.

Bond dated 12 Jan 1819 in the amount of one thousand pounds appointing Sylvanus Howett Sr. guardian of Mahala Howett, orphan of Richard Howett deceased, James Hoskins & Richard Davis securities.

Bond dated 12 Jan 1819 in the amount of one thousand pounds appointing Sylvanus Howett guardian of Polly Howett, orphan of Richard Howett deceased, James Hoskins & Richard Davis securities.

Summons dated the second Monday in April 1819 for Richard Howett & Thomas Meekins to appear in court on the second Monday in July to answer unto James Wood guardian of the heirs of Richard Howett deceased in a plea that they render unto him $175 which they owe him and unjustly detain to his damage twenty five pounds.

Summons dated 3 Apr 1820 and issued 5 Apr 1820 for Willis Davis & Henry Melvin to appear in court on the first Monday after the fourth Monday in June next to answer unto James Wood guardian of the heirs of Richard Howett deceased in a plea that they render unto him $103 which they owe and unjustly detain to his damage $50.

Summons dated the first Monday after the fourth Monday in June 1821 and issued 8 Sep 1821 for Joshua Hassell to appear in court on the first Monday after the fourth Monday in September next to answer unto James Wood former guardian of the heirs of Richard Howett deceased in a plea that he render unto him the sum of $103 which he owes and detains to his damage $50. This suit went on for some time and was appealed to the Superior Court and a venue change attempted. There are many other related legal documents which appear to have no genealogical significance.

Valuation of the negroes belonging to the estate of Richard Howett deceased and setting off of Lydia Howett's portion. Negro man Jim valued at $700, negro woman Agga and child valued at $700, negro boy Spencer valued at $500 and negro girl Maria valued at $500 for a total valuation of $2,400. Negro boy Spencer was drawn by Lydia Howett and Polly Howett, Mahala Howett & Sylvanus Howett each owe Lydia Howett $100.

Division of the negroes belonging to the estate of Richard Howett deceased according to his will among his heirs Mary Mahala & Sylvanus Howett on 3 October 1821. Mary Howett drew negro man Jim valued at $500. John W. Allen and his wife Mahala drew boy Jimmy, the five year old son of Agga, valued at $150 and girl Mariah, 15 years old and valued at $350. Silvanus Howett drew woman Agga, twenty years old and valued at $350, and her son Cooper, 3 years old and valued at $100. Mary Howett & John W. Allen are each to pay Silvanus Howett 16 dollars, 66 2/3 cents to make the division equal.

Petition of Joshua Skinner Jr. of Edenton in July Term 1822. Richard Howett died testate and in his will he lent his wife Lydia the use of two negro women, Cloe & Moll, and one negro boy, Washington, with the express condition that Lydia raise the increase of the two negro women. Petitioner states that Lydia has broken this condition and has totally abandoned the same. The increase of Cloe has been Nancy, Mary, Samuel & Patience. These negroes should now be the property of Richard Howett Jr., Elizabeth Windsor wife of Isaac Windsor, Ann Boyd wife of John Boyd, Lydia Windsor wife of Lewis Windsor, Mahala Allen wife of John W. Allen, all daughters of Richd. Howett deceased, also Abram Howett, Mary Howett & Silvanus Howett except for the negro boy Washington who was specially bequeathed to Silvanus Howett after the death of said Lydia or foreiture by her. Petitioner further states that by several conveyances title to these negroes was transferred to him with the exception of the shares of Silvanus Howett & Mary Howett. He prays sale and equitable division of these negroes be ordered.

Summons dated the first Monday of September 1822 and issued 2 Sep 1822 for Joseph Wynne to appear in court immediately to testify on behalf of James Wood & Silvanus Howett guardians in a suit in which guardians are plaintiffs and Joshua Hassell is defendant.

Bond dated 1 Oct 1822 in the amount of one thousand pounds appointing Sylvanus Howett guardian of Lydia, Mary & Silvanus Howett, minor orphans, Richard Brickhouse & James Hoskins securities.

Summons dated 1 Jul 1822 and issued 18 Aug 1822 to the sheriff of Chowan County for Sylvanus Howett guardian to the heirs of Richard Howett to appear in court in Tyrrell County of the first Monday after the fourth Monday in September next to answer the petition of Joshua Skinner Jr.

Answer of Sylvanus Howett & Mary Howett by their guardian Sylvanus Howett on the first Monday follwing the fourth Monday in September 1822. Argues that there is no proof of abandonment of the three negroes by Lydia Howett but even if it did occur the right to the negroes vests first in the executor and executrix of the will of Richard Howett deceased in the event the estate still has outstanding debts. Several other legalities are cited. They pray that the petition be dismissed.

Summons dated 3 Mar 1823 for Willis Davis to appear in court immediately to testify on behalf of Joshua Hassell in a suit in which James Wood & Silvanus Howett guardians are plaintiffs and Joshua Hassell is defendant.


Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of Moses E. Cator to Lydia Howett on 17 Jul 1808, Joseph Tarkenton security; also Levin Cator to Ann Harvy on 3 Aug 1803, Jesse Alexander security; also Spencer Winsor to Charlotte Howett on 29 Jan 1801, Richard Howett security; also John Winsor to Patsy Howett, Richard Howett security.


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Updated May 20, 2020
Mike J. Schoettle