Chowan County NcArchives Court.....Tooke, James 1721
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a September 17, 2014, 3:49 am

Source: Colonial Records
Written: 1721

Minutes of the North Carolina Governor's Council
North Carolina. Council
March 30, 1721
Volume 02, Pages 425-429

[Council Journal.]

Att a Council held at the Towne in Queen Ann Creek

Thomas Comander and William Efferingham Exers of the last Wills and Testament of 
James Tooke Dec'ed haveing been duely Cited to appeare before this Board to 
answer the Complaint of John Scott in behalf of his Children Thomas Scott James 
Tooke Scott Mary Scott Elizabeth Scott and Sarah Scott all Legatees in the sd 
will and the Exors haveing failed in their appearance.

It's Ordered that another Citation doe Issue against the sd Thomas Comander and 
William Efferingham Comanding them to appeare at the next Council to be held at 
Queens Creek the third day of July next and upon their then failing of appearance 
to answer the Complaint afosd that Judgment be had Complainant and that for the 
Future it be a rule that Libels all ways Issue with the Citations and that they 
answer the second Board after service of such Libels and Citation unless they can 
give sufficient reasons to this Board that further time may be allowed them.


Minutes of the North Carolina Governor's Council
North Carolina. Council
October 18, 1722 - October 29, 1722
Volume 02, Pages 460-463

[Council Journal.]

At a council held at Edenton

This Board having in March last Ordered John Scott Father to James Took Scott 
Thomas Scott Mary Scott Elizebeth Scott and Sarah Scott Legatees in the will 
of James Took dec'ed to attend this Board which order was made upon the Protest 
of Daniel Richardson Esqr advocate for Thomas Comander and William Efferingham 
Execrs of the said James Tooks will against the proceeding of the said John Scot 
because he was not legally allowed Curator to the said Children and Christopher 
Gale Esqr Chief Justice producing to this Board a Certificate dated in July last 
shewing that the said John Scot did come before him and that in his presence Mary 
Scot Elizabeth Scot Sarah Scot Thomas Scot and James Took Scot the Legatees 
aforsd did chose the said John Scot their Curator or Guardian which this Board 
having duly considered of and knowing that the Judge or Ordinary was at the time 
very ill in his Bed and not capable to take their acknowledgmt are satisfyed with 
the sd John Scot's proceedings and do allow and appoint him the said John Scot 
Curator to the Children Legatees as aforsd.

And the advocates to both partys appearing and having argued whether the Libel 
should stand good which was taken out by the said John Scot in behalf of his 
Children before he was allowed to be curator.

This Board having duly weighed the matter argued on both sides are of opinion 
that the Libel is not well supported and doe therefore order that the same be 
signifyed.


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