Craven County, NC - Dennis John Daly vs heirs, 1811 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ From the original, NC Archives, Raleigh, NC, CR 028, 538,52. Dennis John Daly vs. Admx. and heirs of John Daly June Term, 1811 Executed by delivering a copy of the subpoena & petition to John Sears & Mary Sears; Jno. Snead & Caroline Ann Snead; Frederick Jones and Sidney his wife; William Dunn, Exec. of Robert Donnell. . . . R. P. Jones, Sheriff .. . . The petition of Dennis John Daly lately of the County of Craven but at present of the County of Lenoir, planter, sheweth that John Daly late of the County of Craven aforesaid departed this life in or about the 17th day of August in the year of our Lord 1796 seized and possessed of a large estate real and personal leaving a widow Ann Granby Daly and five children to wit Elizabeth who at that time was the wife of Robert Donnell of the town of Newbern, merchant, Mary at that time the wife of John Sears of the town of Newbern, merchant, Ann Granby Daly, Sidney Maria Daly, and your petitioner Dennis John Daly, who had the said John Daly died intestate would as his next of kin and heirs at law have been entitled as such to his estate both real and personal. But your petitioner avers that the said John Daly in his life time and while of sound and disposing mind and memory did duly make and publish his last will and testament in writing wherein and whereby among other bequests agreeable to his intentions frequently expressed while in perfect health he bequeathed his plantation whereon he lived called and known by the name of Rocky Run being much the most valuable part of his said estate to your petitioner his only son and appointed his wife Ann Granby Daly and his sons in laws the said Robert Donnell and John Sears Esq. the Executrix and Executors thereof who in equity and good conscience ought to have proceeded to procure the probate of the said last will and testament and should have taken upon themselves the burthen of the execution thereof. But your petitioner avers and expressly charges that they the said Robert Donnell & John Sears being both men of great influence did combine & confederate together with intent to defraud and deprive your petitioner of the legacies in & by the said will given and bequeathed to him and in the absence of your petitioner then an infant of about 9 years old and without a guardian & of every other person interested to establish the said will and without having cited or given notice to your petitioner or any other person interested in the establishment thereof procured an issue to be made upon said will at a Court of Pleas and Quarter Sessions held for the County of Craven on the second Monday of September following the death of the testator in the following words: Sears and Donnell & heirs vs. the Executors and Devisees of John Daly, Will or no Will, which issue was tried by a jury on the Thursday of the aforesaid term of said court and through the fraudulent practices of the plaintiffs their aiders and abettors was found against the will and the move effectively to defraud your petitioner of the legacies given him in said will and with a view to prevent an appeal being taken from such unjust decision to the Superior Court on the next day vizs. the Monday of said term the said Robert Donnell procured himself to be appointed guardian to your petitioner and the said Ann G. Daly took out letters of administration upon all and singular the goods and chattels rights and credits of the testator and the whole of his estate both real and personal and distributed and divided among the aforementioned next of kin & heirs at law of the said testator agreably to the directions of the laws regulating the descent and distribution of intestate's estates as though the said John Daly had actually died intestate to the great injury of your petitioner. Your petitioner further shews that the said Robert Donnell is since dead without issue having first made his last will and testament and appointed William Dunn Executor who proved his said will and his widow the said Elizabeth after his death intermarried with a certain William Hurst of Lenoir County by whom she had issue Robert Donnell Hurst & John Hurst & is also now dead her two sons the said Robert Donnell and John Hurst are now infants & reside with their father in the said County of Lenoir. The said Mary wife of John Snead is also dead & has left issue one daughter Mary Sears now an infant under the age of twenty-one years with her father the said John Sears in the town of Newbern aforesaid. The said Ann G. Daly daughter of the said John Daly intermarried with a certain John Snead of the town of Newbern aforesaid by whom she had issue a daughter named Caroline Ann Snead and then died; her daughter the said Caroline Ann Snead is yet an infant and residing with her father the said John Snead in the town of Newbern aforesaid. The said Sidney Maria has intermarried with a certain Frederick Jones of the town of Newbern, merchant, where they at present reside. The said Ann G. Daly widow of said John Daly and administratrix as aforesaid resides in the County of Lenoir aforesaid. To the end therefore that full and perfect justice may be done in the processes your petitioner prays that probate may be granted to the said will agreably to the directions of the laws in such cases made & provided and that the said William Hurst, Robert Donnell Hurst, & John Hurst infants by their guardian said William Hurst appointed for this special purpose, the said John Sears & Mary Sears an infant by the said John Sears her guardian appointed for this special purpose, the siad John Snead & Caroline Ann Snead an infant by the said John Snead her guardian appointed for this special purpose, the said Frederick Jones and Sidney Maria his wife, the said Ann Granby Daly widow & adm, of the said John Daly decd, and said William Dunn the Executor of the said Robert Donnell may be summoned to appear before your worship at the next court to be held for the County of Craven on the second Monday in June next to contest the probate of said will. Your petitioner also further prays that the letters of admnistration so fraudently obtained as aforesaid upon the estate of the said John Daly decd. may be revoked & that you will make such further & other order on the processes as the nature of the case may require and so justice shall appertain and as is duly bound he will ever pray. E, Harris V. Allen W. Blackledge Attys. for Pet. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Francis R. Hodges June 1999 ___________________________________________________________________