Craven County, NC - David Abercrombie Estate Record ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ESTATE RECORDS-1779-1807 JONES COUNTY, NC LDS Film #1905949 ABERCROMBIE, DAVID 1788 State of N.C. To the Sheriff of Martin County to summon John COTTERELL to appear in Superior court of Law And Equity, to be held at New Bern on 20th Nov. next to certify a certain matter between the adm.r of David ABERCROMBIE, Plt. & Eunice CARRUTHERS def. Witn: Silas COOK, CC. 20th May 1788 New Bern Aug. 1788 You are notified that the deposition of John COTTERALL will be taken at Martin Co. before Joseph BRYAN, Esqr., Comm.; wherein David ABERCROBIE admr. Is plaintiff agast the Exect. Of Eunice CARRUTHERS, dec'd? Def. To James MCCONNELL, Admr. New Bern 11 September 1782 Chris NEAL, C.C. and the sheriff of Craven County to Wit John Council BRYAN, Esq.-returned then and there into the said court the said Writ Indorses Executrix. Whereupon the said Defendant appeared before the said Court by her Attorney, Richard CASWELL, Esquire and pleaded Ayer of Letters & Administrations. Wherefore the said cause was by the Said Court Continued for --- until the next Court to hold for the county aforesaid at the place aforesaid on the second Monday of March then next Insuing at Which Day and place to Wit in the Second Monday in March in the year of Our Lord 1783 the Said Plaintiff appeared before the said Court and Gave Ayer of the Letters aforesaid and the Defendant also appearing by her attorney beforesaid -- ------ the General --- & whereupon the said Cause was Continued by the Order and rule of the Law Court from Term to Term until the present term to Wit before the Justices of the county Court aforesaid at the court to use in New Bern aforesaid on the second Monday in June in the year of Our Lord one thousand seven hundred & eighty five when the parties both appearing & when the sheriff of Craven County to wit in C; BRYAN & having -------- Having returned her venire of Twelve Good and Lawful Men of the County aforesaid who appearing according to panoll, to Wit John GREEN, William HANNIS?, Thos. W. PIERSON, Joseph BRYAN, Lovick JONES, Caleb WILLIS, Daniel WEST, James ELLIS & Joseph CLARK-who being Sworn will and Truly to try the specie Joined between the said parties do upon their Oath Aforesaid find that the Defendant is guilty and assess one hundred & two pounds damage and six pence costs, it is therefore considered by the court that the plaintiff, James MCCONNELL to recover of the Defendant Eunice CARRUTHERS, the aforesaid sum of one hundred and two pounds for his damages and also the sum of five pounds five shillings in and by the court adjudged and levied for the costs by the plaintiff in & about the prosecution of the said suit expended and be ----- Defendant therefore in Mercy - The Defendant being dissatisfied as to the said Judgment prayed an appeal to the Superior Court of Law & Equity to be --- for the District of New Bern on the 20th Day of November next which was granted and she whereupon entered into Bond for prosecuting her said appeal with effect and give Security agreeable in Law. A Test: Wm BRYAN State of N.C. New Bern District To any Justices for the Co. of Martin. James MCONNELL, adm.'r of David ABERCROMBIE is Plaintiff, against Eunice CARRUTHERS, defendant. To take Oath of John COTTREL & return deposition to the Court in New Bern on the 20th Day of May. Witness: Silas COOK Clerk of Court at New Bern the 20th Day of Nov. in the Tenth year of Independence of America, Anno Domini, 1785. Silas COOK State of N.C. Court of Pleas & Quarter Sessions Craven County June Term 1785 Be it remembered that heretofore to wit on the second Monday in December one thousand seven hundred and eighty two before the Justices of the Said County Court of Pleas & Quarter Sessions for Craven County came James MCCONNEL administrator of all the Goods & Chattels right & credits of ABERCROMBIE by John COOKE his Attorney and brought there into that Court her written --- of complaint against Eunice CARRUTHERS in the following words. State of North Carolina To The Sheriff of Craven County Greeting. You are hereby commanded that you take the Body of Eunice CARRUTHERS of your County Widow if to be found in your District send her safely keep so that you have her before the justices of the County Court of Pleas & Quarter Sessions be held for the County of Craven at the Court House in New Bern on the Second Monday in December next then and there to answer-James MCCONNELL, Administrator of David ABERCROMBIE in a plea of Trespass on the Case for Trover? & Conversion & Damage Three Hundred pounds Specie & herein fail not & have again there this ------ Witness Chris NEALE, Clerk of the said Court. State of North C Carolina Martin County In pursuance of A Commission to me directed from the Honorable the Superior Court of Law & Equity for the District of Newbern, I have caused John COTTRALL to appear before me and after being duly Sworn in the Holy Evangelist of almighty God, the deponent & Sayeth that about the month of December in the year of Our Lord one thousand seven hundred & eighty, he the deponent left in the possession of Unice CARRUTHERS the following Goods; viz: 13 ½ yards fine Linnen Two Table Clothes, 1 - nankeer? 4 ounces thread 12 gauge handk'f. four pr. Men shoes, 1 pr. Women's satin shoes four pr. Women's shoes one piece silk & cotton slippers? 5 canisters of Bahea Tea 5 empty canisters 2 ream writing paper 5 locks & G hinges 2 ¾ yds. Cloth 2 pr. Morrores leather slippers 2 pr. Mens silk stockings ¾ white thread 4 papers brown thread 2 beaver hatts laced 4 stock feathers the above goods contained in a Chest which was locked & the key left by the deponent with Mrs. FULFORD in Newbern and this deponent further sayeth that he also at the same time left with the said Unice CARRUTHERS 160 yds Ognabrigs? & Double case Genevia 1 Box of Soap 137 Candles 2 B lbs. Flour, no. 83, 223-442 neet Wt. Nine Dozen bottles ----- 1 reg white lead 1 reg yellow Oeze? & this deponent further sayeth that the whole of the said foods at the house of the said Unice CARRUTHERS in her case. In charge & possession in acct. & for David ABERCROMBIE & David WOODBURY should they arrive in his absence; that the deponent hath since heard that ABERCROMBIE & WOODBURY died at Charlestown & did never return to Newbern. After the said Goods were deposed of with the said CARRUTHERS & that this deponent hath Since Apply'd to her the said CARRUTHERS for the said Goods in Order to Send them to the Relatives of ABERCROMBIE & WOODBURY but was told they were taken by the British & This deponent further sayeth that he hath never received the said Goods nor any part of them from the said CARRUTHERS & that he hath never ordered or Impowered any person in his name or behalf to receive the whole or any part thereof except the before mentioned ABERCROMBIE & WOODBURY. Where property they were? & further this deponent Sayeth Not. John COTTREL August 8th, 1787 Sworn before me Joseph BRYAN, Commissioner New Bern 29 Aug. 1787 Madam, Notification, that on Sat. 8 Sept. next, the Deposition of John COTHALL will be taken before John STEWART of Martin Co. for Superior Court at New Bern in a suit where David ARBERCROMBIE is Plaintiff and Eunice CRUTHERS, Defendant. James W. CONNELL, Adm. Miss Lydia RELLEAR, Ex. State of N.C. To Joseph BRYAN, Esq. Commissioner for taking deposition in the Co. of Martin. We do give you full power and authority in pursuance of an order of Superior court of Law & Equity, wherein James MCCONNELL, adm. Of David ABERCROMBIE plf. Agst. The Extr. Of Euncie CARRUTHERS def. The Deposition of John COTTEROLL on part of the Plantiff and the said John to interrogate or cross examine according to the interrogatories herewith on the part of the Def. and return to court for district of Newbern on 20th day of Nov. next at courthouse in Newbern. Witn: Silas COOKE, C.C. 20 May 1788 NewBern Aug. 1788 Depositon of John COTTERELL to be taken & exhibited at Martin Co., before Joseph BRYAN, Esqr. Commissioner in Newbern Superior Court wherein David ABERCROMBIE, Adm'r., Plaintiff agst. Exectr'x. of Eunice CARRUTHERS, dec'd.; Defendant. To James McCONNELL, Adm. ___________________________________________________________________ Copyright. 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