Craven County NcArchives Court.....Cleary Et Al, Simon 1784
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Connie Ardrey n/a February 25, 2009, 6:08 pm

Source: Colonial Records
Written: 1784

Acts of the North Carolina General Assembly, 1784
October 1784 
Volume 24, Pages 650 - 709

CHAPTER XXXIV.

An Act to Remove All Disabilities from Simon Cleary, and Others Therein Named.

I. Whereas, Timothy Cleary (otherwise Clear), late of the town of New Bern, 
deceased, departed this life on or about the month of September, in the year 
of our Lord one thousand seven hundred and seventy-five, without issue, 
possessed of a considerable real and personal estate, the real estate 
descending to his eldest brother and heir at law, Simon Cleary, and the 
personal estate, after deducting the distributive share of the widow to the 
said Simon Cleary, Patrick Cleary, Esther Bectle, widow, otherwise Cleary, 
Thomas Conner and Margaret, his wife, otherwise Cleary, and Mary Cleary, 
single woman, brothers and sisters of the said Timothy; And, whereas, the said 
brothers and sisters of the deceased, were inhabitants of the Kingdom of 
Ireland and other parts without the limits of the United States, by reason of 
which the commissioners of confiscated estates for the county of Craven have 
seized and sold the greatest part of the said estate, which formerly belonged 
to the said Simon Cleary, Patrick Cleary, Esther Bectle, Thomas Connor and 
Margaret, his wife, and Mary Cleary; the said Simon, Patrick, Esther, Margaret 
and Mary, nor any of them, not appearing at the first General Assembly which 
was held after the first day of October, one thousand seven hundred and 
seventy-eight, agreeably to an Act commonly called the confiscation Act, 
passed in December, one thousand seven hundred and seventy-seven; and, 
whereas, the said Patrick Cleary hath applied to this present General Assembly 
and offered testimonials to induce a belief that he hath made several attempts 
to come to this State during the war, properly impowered by his brothers and 
sisters; the first of which attempts appears to be on or about the latter end 
of the year one thousand seven hundred and seventy-six, but was each and every 
time unfortunately taken by privateers; and, whereas, the General Assembly 
have resolved that the several claimants of the estate of the said Timothy are 
entitled to relief, and have voted that they shall receive out of the public 
treasury the amount of the sales of the said estate, and it is necessary that 
they should be further relieved by enabling them or some of them to commence 
an action or actions for the recovery of such part of the estate as hath not 
been sold, and the rents, issues and profits thereof, and of such things in 
action, if any, as may be in the hands of individuals.

II. Be it therefore Enacted by the General Assembly of the State of North 
Carolina, and it is hereby Enacted by the authority of the same, That it shall 
and may be lawful for the said Patrick Cleary to sue for and obtain letters of 
administration on the personal estate of his deceased brother, unadministered 
by James Coor, John Hawks and David Barron, and the survivors of them, and as 
administrator to commence and prosecute such suit and suits as may be 
necessary and in the name of the said Simon Cleary, other the heir or heirs at 
law of the said Timothy, to commence and prosecute to final judgment any suit 
or suits, either in law or equity, which may be necessary for the recovery of 
any of the real estate which was of said Timothy Clear, any law to the 
contrary notwithstanding.


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