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Loose Estate Papers
Tyrrell County (C.R.096.508.36), Box 36
Overton, Benjamin, 1850
Petition April Term 1850 of Elizabeth Overton whose husband Benjamin Overton died intestate in January 1850. She prays an order for the setting off of her year's allowance.
Laying off of the year's provisions for Elizabeth Overton out of the estate of her deceased husband Benjamin Overton on 15 May 1850 by Silas Davenport J. P. and Mathias Owens & Burton Spruill. The crop, stock & provisions being insufficient, an additional $100 out of the estate was allotted. A bed and furniture, a wheel and two cards were also set off to the widow.
Petition July Term 1850 of Elizabeth Overton who states that her husband Benjamin Overton departed this life intestate in the month of April last seized in fee simple of a 60 acres joining the lands of S. H. McRae, John Cohoon and the heirs at law of William Spruill Senr. deceased and she is entitled to dower in said land. The intestate Benjamin left surviving him as his heirs at law Matthew, Joicy, Victotine, Charles & Benjamin Overton, children and infants of tender years who have no regular guardian. She prays a guardian be appointed and an order issue for the laying off of her dower.
Petition July Term 1850 of Eli Spruill, administrator of the estate of Benjamin Overton deceased, who states that he has sold the chattel property of the estate and reported to the court, the amount being $98.04, and debts due the estate of $4.24. Besides the articles specifically alloted to the widow for her year's allowance, the commissioners allowed her $100 to be paid by petitioner as administrator. There are other debts outstanding against said estate amounting to $100. Petitioner avers that there is not sufficient chattel or personal property to pay the debts of the estate. The costs of settling the estate will also amount to about $60. Petitioner shows that his intestate Benjamin died possessed of 60 acres in fee simple joining the lands of S. H. McRae, John Cahoon and the heirs of William Spruill deceased. The widow of deceased Benjamin, Elizabeth Overton has filed for dower in said land and the remainder would bring about $250 at sale. The said Benjamin left surviving him the said widow Elizabeth and Matthew, Joicy, Victorine, Charles & Benjamin Overton, under age children of the said Benjamin, his heirs at law. Petitioner prays process with the heirs and a court order to sell the said land.
Laying off of the dower of Elizabeth Overton in the lands of her deceased husband Benjamin Overton on 12 Dec 1850 by Tully Davenport Deputy Sheriff and Jordan Davenport, Ira E. Norman, Tully Spruill, Samuel Norman, Levi N. Tarkenton, Tom McCabe, Abram Lichfield, John Lichfield, James M. Davenport, James S. Wood, Richard Davenport & M. Owens. She received 23 acres.
Report dated 14 Dec 1850 of the sale of the lands of Benjamin Overton by the administrator of his estate, Eli Spruill, to Sherard H. McRae for $400.
Transcriber's Notes:
Tyrrell County marriage bonds show the marriage of Benj. Overton to Elizabeth Davenport on 27 Jan 1834, James A. Spruill security.
The 1850 Census of Tyrrell County shows the household of Elizabeth Overton (39), Mathew Overton (14), Joicey Overton (11), Victorine Overton (6), Charles D. Overton (4) and Benjamin W. Overton (1).
See the 1839 estate papers of Francis & Deborah Overton, parents of Benjamin Overton.
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