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Loose Estate Papers
Tyrrell County (C.R.096.508.12), Box 12
Cahoon, F. J., 1877
Petition in the Probate Court of Benj. F. Cahoon against Wm. E. Alexander wherein Benj. F. Cahoon states
that:
(1) F. J. Cahoon died intestate domiciled in Tyrrell County on 9 Aug 1877.
(2) The property of said F. J. Cahoon deceased consisted of personal goods and chattels worth about $250 and real property of swamp
land worth about $150.
(3) Benj. F. Cahoon, Wm. E. Cahoon & Roxanna Liverman are all the heirs at law of F. J. Cahoon deceased and the only parties
claiming to be distributees of the estate of the deceased.
(4) Benj. F. Cahoon, Wm. E. Cahoon & Roxanna Liverman are all of the full age of 21.
(5) Benj. F. Cahoon is entitled to the administration of the estate of the said F. J. Cahoon deceased, being the eldest son
and an heir at law.
(6) On 30 Nov 1877 Wm. E. Alexander claiming to be one of the largest creditors of the estate of F. J. Cahoon deceased made
application and obtained letters of administration on the said estate.
(7) No citation was issued to said Benj. F. Cahoon to show cause why he would have renounced his right to administration on the
estate of said intestate.
Therefore, your petitioner prays:
(1) That the letters of administration on the estate of the above said intestate issued to Wm. E. Alexander be revoked.
(2) That letters of administration on the estate of F. J. Cahoon be granted to him, the said petitioner, Benj. F. Cahoon.
Answer in Probate Court by Wm. E. Alexander to the petition of Benj. F. Cahoon saying that:
(1) He admits to the first allegation of the plaintiff's petition.
(2) He admits to that portion of the second allegation that relates to the personal property of the estate of F. J. Cahoon and
avers that the plaintiff, B. F. Cahoon is and has been converting said property to his own use ever since the death of the said
F. J. Cahoon to the great injury and damage of this defendant as well as the damage to other creditors.
(3) He admits the third and fourth allegations of petitioner.
(4) He denies the fifth allegation of the petitioner and avers that the said B. F. Cahoon has forfeited all right to administration
upon the estate of F. J. Cahoon by reason of improvidence and want of understanding.
(5) He admits the sixth and seventh allegations of the petition but says that the reason the defendant did not ask that notice issue to
the said B. F. Cahoon was because he had not applied within 30 days after the death of the intestate for letters and was converting
the estate to his own use. Defendant for himself and the other creditors prays that this action be dismissed at the cost of plaintiffs and
that defendant be allowed to continue his administration.
Sworn to on 3 Dec 1877.
Decree of the Probate Court siding with the petitioner and ordering that the letters of administration issued to Wm. E. Alexander be revoked, the petition of B. F. Cahoon for letters of administration be dismissed and costs of this action are to be recovered by the plaintiff from the personal representative of F. J. Cahoon. Wm. E. Alexander appeals and the appeal is granted. Wm. E. Alexander failed to prosecute his case on appeal to the Superior Court and the judgement of the Probate Court was confirmed.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Franklin Cahoon to Silva Armstrong on 28 Dec 1841, Abram J. Swain security; also Eanis Liverman to Roxie Ann Cahoon on 6 Apr 1865.
The 1850 Census of Tyrrell County shows the family of Franklin J. Cahoon (29), Sylvia Cohoon (27), Benjamin F. Cahoon (7), John C. Cahoon (6), Roxey A. Cahoon (3), William E. Cohoon (1) and Ashby Liverman (7).
The 1860 Census of Tyrrell County shows the family of Franklin Cahoon (47), Eunice Cahoon (39), Benjamin Cahoon (17), John Cahoon (15), Roxanne Cahoon (13), Sarah Cahoon (12) and William Cahoon (10).
The 1870 Census of Tyrrell County shows the family of Franklin Cahoon (54), Unicy Cahoon (50), James Turner (15), Thomas Turner (12), Ellis Liverman (8) and Alphie Turner (42, female); also the family of Benjamin Cahoon (28), Sarah Cahoon (23), Nicy Cahoon (1), Charles Cahoon (3) and Benjamin Turner (11); also the family of Enos Liverman (24), Roxan Liverman (22) and John Liverman (1).
The 1880 Census of Tyrrell County shows the family of Benjamin F. Cahoon (37), Sarah A. Cahoon (34, wife), Charles H. Cahoon (13, son), John C. C. Cahoon (8, son), Asaac M. Cahoon (4, son) and Benjamin F. Cahoon (2, son); also the family of William E. Cahoon (31), Hester V. Cahoon (30, wife), John W. Cahoon (4, son) and Mary J. Cahoon (8 mos., daughter); also the family of Ennis Liverman (41), Roxcy Ann Liverman (33, wife) and John Liverman (10, son).
Eunice, the second wife of F. J. Cahoon, appears to have had a previous marriage based on her age. Looking at the 1850 Census of Tyrrell County, the only Eunice who matches based on age is Eunice Meekins, living in the household of Jacob Snow with Aden Meekins. Tyrrell County marriage bonds show the marriage of Eunice Snow to Aden Meekins on 4 Mar 1845.
See the 1850 estate papers of Franklin J. Cahoon. The document therein appears to be related to the death of his first wife and not him.
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