Craven County, NC - Benjamin Sutton, Adm. of William H. West, 1877 ~~~~~~~~~~~~~~~~~~ NC SUPREME COURT CASE #11,896 – BENJAMIN SUTTON, Adm, WILLIAM H. WEST, Exec – June 1877 – Lenoir County. Found at the NC Archives. Submitted by Martha Mewborn Marble. Benjamin Sutton, Adm of Elizabeth A. Sutton vs W. H. West, Exec of Kennian T. West Undertaking on appeal In Jan. 1877 the plaintiff recovered judgement against the defendant for $500 with interest – the defendant intend to appeal to the NC Supreme Court. Will of Kennian West was included in the Case and has already appeared in a previous copy of the Newsletter. Kennian West died in Craven County in 1865 with a Will – the Testator had four children – W. H. West, B. C. West, M. A. Stevenson and S. B. West by his first wife who had received from their grandfather, Jesse Jackson, father of the first wife about $500 each. All were above 21 years old – when the testator died he had nine children by his 2nd wife – T. L. West, W. C. Sutton, E. A. West, I. P. West, J. L. West, F. N. West, S. A. West, E. R. West, and R. L. West, all minors except T. L. West and W. C. Sutton. Prior to making his Will the testator had conveyed to said T. L. West a tract of land valued at $1000. No advancement had been made by said testator to the other children by his 2nd wife. The plaintiff had intermarried with Elizabeth A. West daughter of sd Testator about 1 Nov. 1866. Elizabeth died intestate in Lenoir County about 12 July 1867 and the plaintiff was appointed the Administrator. The plaintiff had demanded from the defendant the sum of $500 with interest on 9 June 1875 and the defendant has refused on grounds that Elizabeth A. Sutton died before Robert L. West the youngest child of sd Kennian T. West arrived at the age of 12 and the legacy was contingent on the sd Elizabeth living to Robert becoming 12 years of age. Robert arrived at the age of 12 on 9 June 1875 after the death of Elizabeth. Judgement found for the plaintiff. ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble ___________________________________________________________________