Edgecombe County, NC - R.B. Daws Estate Records ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ POWER OF ATTORNEY FROM SYER O. DAWS. Kemper Co., Miss., Syer O. Daws, one of the heirs of Susannah Daws, deceased, of Edgecombe County, appoints John Daws, Edgecombe Co. his attorney to demand and receive of R.B. Daws, Edge. Co. all sums of money coming to me from the estate of Susannah Daws and in the hands of said R.B. Daws as administrator of said Susannah and to sell my interest in any real estate coming to me through the death of said Susannah, signed Syer O. Daws, wit. A.G. Tinsley, S.R. Daws, 29 May, 1875. Syer appeared in court in Neshoba County to prove PA. on 29 May. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. POWER OF ATTORNEY FROM NATHAN DAWS. Kemper Co., Miss, Nathan Daws, one of the lawful heirs of Susannah Daws of Edge. Co., NC appoints John Daws of Edge. Co. his attorney to demand and receive of R.B. Daws, Edge. Co. all sums of money coming to me from the estate of Susannah Daws and in the hands of said R.B. Daws as administrator of said Susannah and to sell my interest in any real estate coming to me through the death of said Susannah, signed Nathan Daws (X), wit. A.G. Tinsley, IR Daws (possibly JR); Nathan appeared in court in Neshoba Co. to prove PA. 29 May 1875. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. ACCOUNT?- Sally Land (should) be Sally Proctor, then besides there were Patsy Land, Polly Thornell, daughters of Susan Land. Finding of fact -no. 12- receipts in full from 8 children of Ben Daws, who died before Susan Daws did. No 13- receipts in full from all seven of her children, except C.S. Land to whom money sent by express & Henry C. Robbins has letter acknowledging receipt in full - Patsy died before Susan Daws. No 14- Polly Thornell died before intestate, we can't show they have been paid. 115.79 divide by 8 = 14.47. No 15, no 6, all seven paid in full. No 16 Nathan Daws gave duly executed power of attorney May 29 1875 to John Daws, who is now quite old- some mistake about (form) of receipt- duplicate. 80.00 cost to commn. 235.65 with int on $115.79 fm Mch 15 (c90). 28.95 with int on same Jany 1 1873 due Hilliard D. 28.95 with int. on same fm Mch 15 c90 due Margaret. 28.95 with int on smae fm Mch 15 c90...... Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE ON SCRAP PAPER?- 1890-20 =1870; "X" at top of page. Susan Daws who died in April 1870 was grandmother of R.B. Daws & next of kin were (1) Martin Dawes a son of Susan entitled to 1/9. Many years ago he moved from state & in 1873 he was heard from said to have lots of children- (2) Jno. Dawes of Wilson CO. another son. [note in margin by no. 3; "each died before Susan] (3) Ben Dawes' children - A.G. Dawes, Ben Dawes, (name written but scratched out, illegible) (4) Patsy Land's children (written small- almost illegible were- Smith, Dick ??, (Eva), (5) [notes in margin by no. 5: 3 pd & 3 not pd; 117.74 divide = 14.74] Polly Thornell died before Susan too, Polly's daughter Susan Burnette died leaving an only child E.P. Thornell, (6) Katie Robbins, (7) [Nathan written & scratched out then ]Wilie G.Dawes, (8) Siah Dawes he died after Susan, (9) [Ephraim scratched out; Wilie G. Dawes scratched out; then] Sallie Proctor; [here at bottom of page more division, 1042.19 divided by 9 = 115.79 divided by 4 = 28.95] COURT ACTION Pender vs Robbins, filed April 18/90, Edge. Co. Superior Court, Apr. 1890, James Pender, Admr d.b.n. of Susan Daws vs Sally Robbins Admtrix of R.B. Daws, Sallie Robbins and husband. The plaintiff excepts to report of (Referee) in this action: For that he failed to report the evidence in full except as it appears on the backs of the several exhibits filed with said report. (2) Finding of fact 12 For that he finds that the interest of Ben Daws in the estate of Susan Daws has been paid in full, when he should have found there is yet due on said interest the sum of $29.46. (3) To finding of Fact 13 for that he finds the interest of Patsey Land has been paid in full, when he should have found there is yet due on her said interest the sum of $100.07. (4) To finding of fact 14, because he does not find 5 of the eight children of Polly Thornell has not been paid and there is yet due them the sum of $147.28. (5) Because he does not find that as to this action there is yet due the children of Katie Robbins the sum of $33.69. (6) To finding fact 16, For that he finds that Nathan Daws has been paid in full when he should have found that nothing had been paid Nathan Daws and there is yet due him the sum of $235.68. (7) Because he does not find there is still due the estate of Martin Daws the sum of $235.68. Conclusions of Law. (1) Conclusion of Law 1. For that he finds the plaintiff is entitled to recover the sum of $147.91 balance due Martin Daws distributees where he should have found there is due the estate of Martin Daws the sum of $235.68. (2) To con. Of Law 4 Because he does not conclude the plaintiff Adw & c is entitled to judgement for the sum of $1017.54, with interest from April 1, 1890 until paid and for cost of this action. D.W.T. Fountain, Atty for Plaintiff. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of Mrs. Sallie Robbins, admr of R.B. Dawes dec'd in full of all claims on said administration for any interest in the estate of Susan Dawes, signed W.R. Dawes. Mar. 4, 1890. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of Mrs. Sallie Robbins, admr of R.B. Dawes dec'd in full of all claims on said administration for any interest in the estate of Susan Dawes, signed Mary A. Barnhill, Wm V. Barnhill. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of Mrs. Sallie Robbins, admr of R.B. Dawes dec'd in full of all claims on said administration for any interest in the estate of Susan Dawes, signed (J.D.) Dawes. Mar. 3 or 8, 1890. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.47, settlement in full of all claims on said administration for my interest in said estate, July 25, 1874, signed E.P. Thornell, son of Susan Burnett, wit. G.W. Robbins. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.71, in full of all claims on said administration for my interest in said estate, Apr 16, 1873, signed Caroline Daws (X), attest (G.M.) Robbins. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.71, in full of all claims on said administration for my interest in said estate, Apr 16, 1873, signed Harriett Daws (X), attest (G.M.) Robbins. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.71, in full of all claims on said administration for my interest in said estate, Apr 16, 1873, signed Margret M. Daws (X), attest (R.M.) Braswell. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.71, in full of all claims on said administration for my interest in said estate, Nov 9, 1872, signed Catherine T. Wynn, Jno. P. Wynn, attest G.W. Dixon. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.71, in full of all claims on said administration for my interest in said estate, Feb 11, 187(5), signed Susson Daws (X), attest R.M.Braswell. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $117.74, in full of all claims on said administration for my interest in said estate, Dec 17, 1872, signed John Dawes (X), wit. Kinchen Edwards. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes, admr of Susan Dawes, dec'd the sum of $14.71, settlement in full of all claims on said administration for my interest in said estate, Jan 4, 1873, signed A.G. Dawes, wit. G.W. Dixon. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- Rec. May 24 1876 of Sally Dawes Admrx of R.B. Dawes dec'd $14.71 in full for all claimes on said admnx for my interest in Susan Dawes estate of which R.B. Dawes was administrator, signed A.S. Daws by A.G. Daws, agent, wit. G.W. Robbins. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes administrator of Susan Dawes deceased the sum of sixteen 83/100 dollars settlement in full of all claims on said administrater for me interest in said estate this the 14th day of July 1873. Signed John C. Robbins (R), atest B.T. Braswell. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have recd. Of R.B. Dawes administrator of Susan Dawes, deceased the sum of sixteen 83/100 dollars & eighty three cents in full of all claimes 0 on said administrator for my interest said estate the 9 day Oct. 1872, signed Priscilla Robbins, witness David Lane. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have recd. of R.B. Dawes administrator of Susan Dawes, deceased the sum of sixteen 83/100 dollars settlement in full of all claimes on said administrator for my interest said estate the 12 Oct. 1872, signed Bashaba Daws, W.B.( ), attest G.W. Thomas. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPTS- 3 on one page that has apparently been folded into 4 parts, 4th part marked Katie Robbins- (6) John C. Robbins receits $16.83. He is one of Katie Robbins 7 children. (6) Precilar Robbins recits $16.83, she is one of Katie Robbins 7 children. (6) Bashaba Dawes + W.B. Dause recits $16.83, she is one of Katie Robbins 7 children, she married her cousin W.B. Dawes. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPTS- 3 on one page (5) H.G. Thornell receits $14.74. (6) Starkey Robbins recits $16.83, one of Katie Robbins 7 children. (6) Catheron Robbins recits $16.83, one of Katie Robbins 7 children, she married her cousin W.B. Dawes. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have recd. of R.B. Dawes administrator of Susan Dawes, deceased the sum of fourteen 74/100 dollars settlement in full of all claim on said administrator for my interest said estate this 19 day Sept 1872, signed H.G. Thornell (X), witness G.W. Thomas. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have recd. Of R.B. Dawes administrator of Susan Dawes, deceased the sum of 16 83/100 dollars in full of all claims on said administrator for my interest said estate the 12 Oct. 1872, signed Starkey Robbins, witness G.W. Thomas. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Dawes administrator of Susan Dawes, deceased the sum of sixteen 83/100 dollars in full of all claims on said administrator for my interest said estate this the 10 day of November 1872, signed Catharine Robbins (X), witness R.W. Wynn. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Daws administrator of Susan Dawes deceased the sum of fourteen 74/100 dollars seventy four cents settlement in full of all claims on said administration for my interest in said estate this 26 Day of July 1873, signed Martin V. Thornell (X), wit. B.F. Braswell. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have rec'd of Mrs. Sallie Dawes, administrator of R.B. Dawes, dec'd the sum of Sisten Dollars and eighty three cts. In full of all claims on said administrator for my interest in the estate of Susan Dawes, dec'd, Feb 8, 1890, signed C.L. Land. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT on letterhead of J.W. Hines, General Merchant, Rocky Mount- I hereby acknowledge that I have received of Mrs. H.C. Robbins Adms. Of R.B. Daws, deceased the sum of sixteen dollars & 83/100 in full all claims on said administrator for my interest in the of Susan Daws, dec'd., signed T.H. Land, witness C.S. Lucas. This receipt must be signed before Clerk of the Court or note of Republic. State of South Carolina, County of Florence, Personally appeared before me C.S. Lucas and made oath that he saw the within named J.H. Land sign the within receipt and that he subscribed his name as witness thereto, sworn to before me, Feby 10th 1890, C.S. Lucas, signed (Z.B. Kershaw),, C.C.C.P. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of Sallie Dawes, admr of R.B. Dawes dec'd one hundred & seventeen dollars & 74/100, in full of all claims on said administration for any interest in the estate of Susan Dawes, dec'd, John ( ), attorney for Willie G. (Daws), wit. G.W. Robbins. No date. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. SUMMONS FOR RELIEF- James Pender, Adm. D.b.n. of Susan Daws against Sallie Robbins, Adm. Of R.B. Daws, Sallie Robbins & Henry Robbins, returnable to April Ct. 1889 Superior Court of Edgecombe Co. served March 23, 1889, signed W.T. Knight, Sheriff, Edge. Co., (James R?? Daws, S.B. Williams, & S.O. Daws (X) post bond for of ($200) for Sallie Robbins, Adm., Sallie Robbins & Henry Robbins , wit. B.J. Keech. Summons states taht if Sallie fails to appear at Edgecombe Co. courthouse on 1st Monday in March 1889, relief will be granted as requested in complaint. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. TELEGRAM- letterhead Atlantic Coast Line Telegram, Rocky Mount, NC- To- ( ), (Florence SC), I enclose from Mrs. H.R. Robbins $16.83 for J.H. Land. Please have him sign the enclosed receipt before Clerk of Court or Notary Public before you hand him the money & express the receipt to me. J.K. Fountain. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE PAGE 1- Martin Dawes had 4 children in Edge. Co., Hilliard Dawes, R.B. Dawes, dead, leaving five children; Mary G Barnhill, J.D. Dawes, N.R. Dawes, G.T. Dawes, could not read name of 5th child, Margaret M. Williams, S.O. Dawes. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE, page 3- Ben Dawes, a son of Susan Dawes died long before death of Susan Dawes, he left 8 heirs at time of death of Susan Dawes, (1) W.B. Dawes, son of Ben Dawes, (2) Catharine Wynn, daughter, wife of Jno. P. Wynn, (3) A.G. Dawes, son, (4) A.S. Dawes, son, (5) Caroline Dawes, daughter, (6) Margaret ( ) Dawes, daughter, (7) Harritt Dawes, daughter, (8) Susan Dawes, daughter. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE, page 4- Patsy Land, a daughter of Susan Dawes, died many years before she died, leaving as parties entitled, at death of Susan Dawes, Patsy's husband also dead then, the following seven children, (1) C.L. Land, son of Patsy Land; (2) (Bette) Wells, daughter, wife of Joel Wells; (3) Nancy Winstead, daughter, wife of J.J. Winstead; (4) Sarah E. Land, daughter; (5) Mary E. Jordan, daughter, wife of E.J. Jordan; (6) C.S. Land, son; (7) J.H. Land, son; money sent to C.S. Land & J.H. Land by express recently. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE, page 5- Polly Thornell, a daughter of intestate died before Susan Dawes leaving as her representatives eight children; (1) E.P. Thornell, son of one of Polly's daughters was only child of his mother who was named after her grandmother, the intestate, (2) Martin U. Thornell, a son of Polly Thornell, (3) H.G. Thornell, a son of Polly Thornell; As for the other 5 we can't show they have been paid. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE, page 7- Willie G. Dawes, son of Susan Dawes. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE, page 8- Siah O. Dawes a son of Susan Dawes was settled with in full by R.B. Dawes before his death. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. ANSWER of James Pender, adm. Of Sallie Dawes, filed Apr 23 1889. James Pender, Adm. de bonis non of Susan Dawes vs. Sallie Robbins and others, the defendant answering say (1) that allegation 1 is admitted, (2) that allegation 2 is admitted, (3) they deny this allegation (can not read reason), (4) Allegation 4 is denied (can not read reason), (5) allegation 5 is admitted, (6) allegation denied, (7) allegation 7 is admitted, (8) allegation 8 is denied, (9) NOTE- THIS PAPER IS HARD TO READ, NEED TO STUDY MORE. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. LETTER- (LETTERHEAD) Bunn & Battle, Counselors and Attorneys At Law, Circuit, Nash, Edgecombe and Wilson, B.H. Bunn, Jacob Battle, Rocky Mount, Aug 1, 1890. Dear John: When I was in Tarboro the other day I was sorry not to see you, but during my entire stay there I was on a (strain), either preparing for or arguing the (Nav.) CO v Emry. The complaint is Mayo v. (R?? Mu) was handed down by Jim Pender- & I mailed it to Fred. (Wowan) advising him that (2 words ) be made by us about the complaint not being filed in the time fixed by the order at last term. I have not yet been (2 words ). Please show this letter to ( ) your ( ) offices with, Jim Pender and Fountain & lets see if we cannot come to a settlement which I am very anxious to do. What reason is there (for) instance in Jim's collecting the distributee's share of Nathan Daws when he has been paid in full by Mrs. Robbins? In deed equity will not allowed it to be done. Baker v. R.R. Co. 91 N.C. & cases there (cited). If Jim or his counsel fear that Sally Proctor, (any or many) of the five children of Polly Thornell who have not been settled with, will ever turn up & give ( ), then we can bar ( 3 words) by making them parties & making publication ( ) before next court. Indeed all the distributees of Susan Daws ought to have been made parties any way. Coppersmith v (Mils) on 104 N.C. 32- these parties will never turn up. I am absolutely sure & your (ruling about it [scratched out]) suggestion about the money. One Sally Proctor was equitable and just. I understood per you letter of Mch 15 90 that you had had a talk with Mr. F. or that he saw that $254 was all the cash that ( ) be required, of which $80 was to pay costs & commns. Mr. F. objects that Ben Daws has been paid in full. He died ( ) years before Susan Daws died. He left 8 children only & we (produced) receipts from them all in full. I always understood from the admn. D.b.n. & his counsel that they certainly did not want to collect distributive shares that had already been paid. If it becomes necessary I shall file an affidavit & appeal to the discretion of the judge at next term to have all the distributees (brought) in as parties. Mr. F. objects ( ) finding of fact no. 13 that the interest of Patsy Land has been paid in full. She died long before Susan Daws & we produced receipts in full (from) all seven of Patsy's children, except C.S. Land. Shortly before you hear the case, Mrs. Robbins and his wife sent C.S. Land by express all that was due him and has a letter from him admitting satisfaction in full. That was all explained in full ( ). Now in regard to 5 children of Polly Thornell who are unpaid ( ) share of Sally Proctor, I think (it) ought to be (again) in some way ( ) the admn. D.b.n. (So) I can arrange it to his satisfaction. I think your report ought to be (convincing) as to Mr. F's exception no 5 we introduced receipts showing that all seven of the children of Katie Robbins had been paid in full. As for exception no 6 as by our finding of fact no 16, we produced a duly executed power of attorney from Nathan Daws dated May 29 1875, duly certified, over his had & seal of office by the Circuit Court Clerk of Neoshoba Co., Miss, authorizing his ( ) John Daws, to collect & receipt for what was due him from Susan Daws estate, & In April 1876, Mrs. Robbins paid said John Daws attorney in fact, the full amt. Due said Nathan. Geo. W. Robbins drew up the receipt from said attorney in fact & in the receipt there was a mistake, the name of Wiley G. Daws being written instead of Nathan. I have today sent an affidavit about this matter to John Daws, who is quite an old man, to be signed by him. Why should Mr. Pender want to collect the 1/4 of 1/9 due to the children of R.D. Daws when they file receipts in full. See your letter above (mentioned) & herein ( ) enclosed. NOTE: LETTER HARD TO READ. NEED TO EXAMINE FURTHER. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. LETTER- On letterhead of G.M.T. Fountain, Attorney at law, Tarboro. James Pender, Admr. vs. Sallie Robbins, Admtrx. April 8, 1890, Jacob Battle Esq., Rocky Mount, Dear Sir: Is it at all probable that we can settle this matter agreeably without further proceedings. I write you because the Referee think we may agree upon a settlement. The report of referee falls very far short of what I think we are entitled to have judgement for. I must (protect) the admr and my clients against more than their just and equal part of the cost of getting the matter settled and to do this there must be a much larger sum paid in than the refree finds we are entitled to. Of course the receipts taken since this action ( 2 words) and you anything on this action and those who have not been paid at all must be settled for. If you think we can agree upon the judgement in this matter please inform me by return mail what judgement you are willing for me to take. Yours truly G.M. T. Fountain. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. LETTER- On letterhead of G.M.T. Fountain, Attorney at law, Tarboro. James Pender, Admr. vs. Sallie Robbins, Admtrx. April 11, 1890, Mrss. Bunn & Battle, Gents: Yours of the 10th inst. To hand. I told Mr. Bridgers that I did not demand commission an ( ) sums as was properly paid out by your client's husband or possibly yourself provided we could agree upon a judgement on the case that would protect all parties interested, and my clients to get their pro rata of Susan Daws estate undiminished but called his especial attention to the fact that there is much more due from your client that $489.68. Certainly the Admr. is not expected to allow many money due him as such be paid to others after he has brought suit for it & deprive him of his com'ions especially as he demand a settlement of your client before bring action, and there is something due the 5 children of Thornell that have received nothing. These things I call to Mr. Bridgers attention and he said we could agree, you and I, upon these things. The Admr. tells me that he is entirely unwilling to take security for any part of the sum, but wants to settle the matter at once, of cause if she can secure the Admr. she can borrow the money and pay it. There is between $500 & $600 still due that there is no pretense whatever that it has been paid. As I see it, there is about $1000 that is Law & Equity should be consider unpaid as to this action. I am willing to compromise the matter as follows, (3 words) court the ( ) that has not been paid which I make $852.60 viz Thornell 147.28, (Admr) of Martin Daws 200.29, Proctor 235.68, Land 33.67, Nathan 235.68, (total) $852.60; Nathan's may have been paid as I find a receipt from Willie G. Daws, if so and you will place the evidence before the court so as to protect (Admr). It can be deducted leaving $616.92. As to those parties rules have been paid since this actions then admr. get com'ions, audit all told is $1017.54, . Your client pays the cost and their proportionate part of my client cost in (bringing) this action. The com'ions on all above $852.60 goes to help pay costs of my client not court cost. C.M.T. Fountain. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. LETTER, not on letterhead- If Mrs. Robbins will pay all that has not been paid as appears from exhibits file with referee's report and pay admr d.b.n. com'ions on such sums as appears to have been paid the heirs since the commencement of this suit & paid there part of att's fee. It will be satisfactory. Mr. Fountain has just handed me the above. J.L.B. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT for judgement paid- Edge. Co. Superior Court, Fall Term 1890, Jos. Pender, admr. d.b.n. of Susan Daws, dec'd v Sallie Robbins, admr. of R.B. Daws, dec'd & her husband Henry Robbins. A portion of the judgement herein rendered at this term Oct. 13th 90 ( C over 90), which was for $676.97, ( ) three hundred dollars with 8 pc int. (From) above date has been assigned by the (plff) admr. (for) value & without recourse of said judgement has been paid in full. Dec. 1890. G.M.T. Fountain, atty for plaintiff. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. LETTER on letterhead of John L. Bridgers & son, Attorneys at Law, Tarboro, Mch 15 1890. In RE Pender, Admr. vs Robbins, Admr. Reply to your letter of ................ Dear Jake: The plea of the Statute of Limitations does not arise in the above case. You did not plead it; your answer, on the contrary, admits owning some balance, which the defendant avers, she is now, and has always been willing to pay and will pay, when ascertained. I have filed my report with the Clerk; the sum due Martin Daws to date, is $174., and allow that $80 will pay all costs, the cash required will be $254.. Sally Proctor's share to date is $235.68, which may be secured to the Administrator, subject to future disposition. Mr. Fountain says he does not demand, nor does the Administrator, commissioner on the whole amount of $1042.00, but only on the amount of balance, which is $489.68, and enough to pay all other costs, so that his clients will get their share nett. We estimate that $80.00 would pay all costs. If not satisfactory, you will please write Mr. Fountain, and you and he can agree and suggest any amendment to the report that you may desire. Yours Very Truly, Jno. L. Bridgers. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT on letterhead- Nashville, NC, Bought of F.W. Battle & CO., Cotton Buyers and Dealers in General Merchandise- $16.83 rec'd of Mrs Henry C. Robbins sixteen dollars and & 83 cents in full of my interest in the estate of Susan Dawes & I hereby assigning to Mrs. Robbins all my int. in said estate. I am one of the seven children of (Wiley) Robbins, dec'd. Feb. 22, 1890. Signed C.R. Robbins, wit. Jacob Baut. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Daws administrator of Susan Dawes deceased the sum of sixteen 83/100 dollars settle in full of all claims on said administration for my interest in said estate this 10 Day of May 1873, signed (Bethan) Wells (X), Joel Wells (X), wit. B.F. Braswell. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Daws administrator of Susan Dawes deceased the sum of sixteen 83/100 dollars settle in full of all claims on said administration for my interest in said estate this 1 Jan 1873, signed Sarah Elizabeth Land (X), wit. G.W. Dixon. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Daws administrator of Susan Dawes deceased the sum of sixteen 83/100 dollars settlement in full of all claims on said administration for my interest in said estate this 31 Dec. 1872, signed Mary C. (Jorden) (X), E.J. (Jordan), test. J.B. Williams. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Daws administrator of Susan Dawes deceased the sum of sixteen 83/100 dollars in full of all claims on said administration for my interest in said estate this 26 Apr. 1873, signed Nancy Winstead (X), (P.P.) Winstead, wit. R.W. Wynn. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- I hereby acknowledge that I have received of R.B. Daws administrator of Susan Dawes deceased the sum of sixteen 83/100 dollars settlement in full of all claims on said administration for my interest in said estate this 12 Nov. 1872, signed Isaac Robins, wit. G.W. Dixon. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. RECEIPT- (6) Isaac Robbins rect. $16.83. One of Katie Robbins 7 children. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. James Pender, Adm dbn of Susan Daws, dec'd plaintiff vs Sally Robbins, Adm of R.B. Daws, dec'd and her husband, H.C. Robbins, defendants; John Daws being duly sworn says that he has a power of attorney duly executed May 29, 1875 by Nathan Daws, a son of Susan Daws, authorizing this applicant to collect & give receipt in full for whatever sum of money might be due said Nathan from the estate of his deceased mother, PA was witnessed by A.G. Tinsley and J.R. Daws on 29 May 1875 in Neshoba County, Miss, where said Nathan resides; said John received full amount of settlement due Nathan from Mss Sally Daws, now Sally Robbins on April 1876, he thinks it was Apr. 4, in the amount of $117.74 and gave her a receipt for that amount, signed John Daws (X), sworn to before Fenner Gay, JP on 1 Aug. 1890 in Edgecombe Co. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. REPORT- Fall Term, James Pender, Adm dbn of Susan Daws vs Sallie Robbins, Admx of R.B. Daws; by consent of all parties this cause is referred to J.L. Brigers to pass upon all the issues of law and fact and to make and state an account and report to the next court, signed G.T.M. Fountain, atty for plaintiff, Bunn & Battle, atty for defendant. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. COMPLAINT- Apr. Ct. 1889, James Pender, Admr. dbn of Susan Daws vs Sally Robbins, Admx of R.B. Daws, Henry Robbins, and Sally Robbins; the plaintiff alleges that Susan Daws, his intestate died in the county of Edge. Intestate and left a large estate to be administered, that on the 9th day of May 1872, one R.B. Daws quallified as administration of the said Susan Daws; on Jan 1, 1873, said R.B. Daws filed his account final as administrator showing that there was due said estate in his hands as administrator the sum of $1042.19; R.B. Daws died intestate leaving a large estate consisting of personal and real property without having settled the estate of his said intestate, Susan Daws; Sally Robbins qualified as Admx. Of said R.B. Daws; at the time of the death of R.B. Daws, he owed the estate of Susan Daws $1042.19 and interest from the 10 day of Jan 1873; on 9 Feb 1889, administration of Susan Daws estate was given to said plaintiff; Sally Robbins, administrator of Susan Daws, now owes Susan Daws estate $263.44, including principal and interest; Plaintiff, James Pender asks for judgement of $2063.44, signed G.M.T. Fountain, atty for plaintiff. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. BILL OF SALE- John Daws, attorney for Siah O. Daws, one of the legal heirs and distributees of Susan Daws to R.B. Daws, for $132, all the interest that I may have in the estate of Susan Daws or Ephriam Daws, both real or personal, signed John Daws, attorney for Siah O. Daws, wit. G.W. Robbins. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. JUDGEMENT- Fall Ct. 1890, James Pender, d.b.n. of Susan Daws, dec'd vs Sallie Robbins, Adm. Of R.B. Daws, dec'd et al, Distributees of Susan Daws have all been paid exception of Susan Proctor, 1/9 of said balance, $115.79 with interest from Jan 1, 1873 to date, that is $239.44 and to Hilliard Daws, Margaret Daws, wife of Sam Williams and S.O. Daws, three of the four children of Martin Daws, 3/4 of 1/9 of said balance, $86.95 with interest from Jan 1, 1873 to date that is $179.58; due to G.T. & C.F. Daws, two of the five children of said R.B. Daws, dec'd who was the fourth child of said Martin Daws above mentioned, $23.94 interest being included to date; due to 5 of 8 children of Polly Thornell, E.P. Thornell, Martin V. Thornell, H.G. Thornell, each entitled to 1/8 of said Polly's 1/9 share, 5/8 of 1/9 of said balance, $148.65, interest being included to date; it is now ordered that plaintiff as administrator of Susan Daws do recover of the defendant, Sallie Robbins, Admx. Of R.B. Daws the sum of $592.61, to use of several distributees above named and the further sum of $84.36, to cover all the costs and expenses of this suit, including a fee of $25hereby allowed the referee, J.L. Bridgers, Esq., $676.97 being the full amount recovered; it further appearing that Sally Proctor and husband left this county more than 30 years ago and nothing being heard from them for more than 10 years, it is ordered that James Pender, Adm. b.d.n. of Susan Daws distribute their share of said estate, $239.44 to such persons as would be entitled to same upon their death, signed Spier Whitaker, Judge Presiding. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. SUMMONS FOR RELIEF- Sally Robbins, Adminstrix of R.B. Daws against G.T. Daws and C.F. Daws, minors over 14 years of age, to appear in court on 6 Nov. 1890 and answer the complaint, signed 23 Oct. 1890, B.J. Keech, Clerk Superior Court. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. ANSWER- of Geo. T. Daws & Chas F. Daws to Sally Robbins, plaintiff; Henry C. Robbins, guardian of Geo. T. Daws and Chas F. Daws, says that allegations 1-6 are true and asks court to protect the interest of George & Charles. Nov. Ct. 1890. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. APPLICATION FOR APPOINTMENT OF GUARDIAN- Sallie Robbins, admx of R.B. Daws vs. Geo. T. Daws et al, Nov. Ct. 1890, Sallie Robbins files petition to have guardian appointed for Geo. T. Daws and Chas. F. Daws and recommends that Henry C. Robbins be appointed t represent them in petition to sell land. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. ORDER- Sallie Robbins vs Geo. T. Daws et al, plaintiff has until Nov 12 1890 to file pleadings that the motion to appoint guardian be continued until that time. Signed Nov 5, 1890. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. COMPLAINT- Sallie Robbins, Admx of Susan Daws and her husband, Henry C. Robbins vs George T. Daws and Chas. F. Daws, they being 20 and 19 years of age respectively, and a summons as issued for their guardian, Henry C. Robbins to appear on 20 Nov 1890, and said minors have files an answer through their guardian admitting the allegations of the complaint, and order has been issued to sell land, either at Tarboro or Sharpsburg, but not until after 1 Jan 1891. The land to be sold are lots # 3 and 4 in the partition of the real estate of R.B. Daws among his heirs at law, recorded in Bk 62, page 154, being the Susan Daws land containing 360 acres, lying partly in Edgecombe and partly in Wilson Co. Land was to be sold to pay a judgement against their father, R.B. Daws in favor of John D. Robbins. Nov. 20, 1890. SPECIAL PROCEEDINGS TO SELL LAND- Sallie Robbins, Admx of R.B. Daws, dec'd and her husband, Henry C. Robbins vs. George T. Daws and Charles F. Daws, defendants; debt against the estate of R.B. Daws, dec'd in favor of John D. Robbins set forth in the judgement rendered on Nov 20 1890, has been paid in full by the defendants, order to sell land is hereby revoked and cancelled. Aug. 28 1896. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. NOTE- Katie Robbins, a daughter of Susan Daws, died long before Susan Daws, leaving seven children. Millie Robbins (probably Willie) was one of them, he died before his mother, leaving only one child, C.R. Robbins. Isaac Robbins, Catherine Robbins, Starey Robbins (Starkey?), Pricilla Robbins, Bashaba Robbins, & her husband, W.B. Daws, Jno. C. Robbins, C.R. Robbins. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. SPECIAL PROCEEDING TO SELL LAND FOR ASSETS- Sallie Robbins, admx of R.B. Daws, dec'd & her husband, Henry C. Robbins vs Geo. T. Daws & Chas Daws; plaintiffs allege that R.D. Daws late of Nash Co. died intestate in Nash Co. in 1876 and Letters of Administration were issue to feme plaintiff, who has since intermarried with the plaintiff, Henry C. Robbins; said R.B. Daws was admin. Of Susan Daws and as such on Jan 1, 1873, filed a final account in Edgecombe Co. showing that there was due from him to on the estate of his intestate $1042.19; that in a suit brought in Edgecombe Superior Court by James Pender, admn dbn of Susan Daws against said Sallie Robbins, admx of R.B. Daws and her husband to recover the balance, judgement was rendered in favor of said Pender, admn at Fall Ct. 1890 for $676.97 as follows: due Susan Proctor, a distributee of his intestate, said Susan dead and this amount to be distributed among her next of kin, $239.44; due Hilliard Daws, Margaret Daws, wife of Sam Williams, S.O. Daws, 3/4 of 1/9 of $1042.19, with int from Jan. 1, 1879 = $179.58; due Geo. T. & C.F. Daws, 2/5 of 1/4 of 1/9 of $1042.19 with int. = $23.94; due to 5 of Polly Thornell's children 5/8 of 1/9 of $1042.19 + int = $149.65, costs commns. & c of said admn. D.b.n. $84.36, total $676.97; that this is the only debt against the estate of R.B. Daws; his personal estate was ( ) by his admx. And the proceeds applied to the payment of debt & charges of admin ( ) and were insufficient for that purpose, balance due her from the estate on her account paid in Nash Sept. Ct. being $14; that said R.B. Daws died seized and possessed of real estate which will be found fully described in the record of the partition of the same registered in Bk 62, at pp. 154, Edgecombe Registery, where his five children & heirs at law are also named, they and the admx have agreed that this judgement in favor of Jas. Pender, admn. D.b.n. ( ) of $50 to Bunn & Battle her attys. Shall be charged & paid as follows: 1/6 by the widow, Sallie Robbins, 1/6 by Geo. T. Daws, 1/6 by Chas. F. Daws, said George & Charles being the youngest children of R.B. Daws, George being 20 years old last June and Charles now 19 years old; these 3/6 to be charged on lots 3 & 4 in said partition which are held by said widow Sallie Robbins, for life as her dower, remainder to George & Charles in fee; 1/6 to be paid by Mary A. Barnhill, wife of M.V. Barnhill, & to be charged on lot # 5 in said partition; 1/6 to be paid by John R. Daws, charged on lot # 2; 1/6 to be paid by Wm. R. Daws, charged on lot # 1; the fee of $50 has been paid to Bunn & Battle and Jas. Pender, admn. D.b.n. has received on said judgement $600 Oct. 24 c90 and $30 Oct. 24 c90 a portion of this money to wit $300 with 8 per cent int. from Oct 13, c90having been advanced (from the ) widow and two defendants herein by John D. Robbins, to (whom) said judgt. To that extent has been transferred by said admn. D.b.n. & to said Robins this $300 with interest as above stated is to be in repaid on Dec. 1,1891, remaining a charge on lots # 3 & 4. Plaintiff pray for judgement directing the sale of lots # 3 & 4 for assets to pay the debt due John D. Robbins, $300 with 8 pc int from Oct 13, 1890, ( ) paid and the costs of the special proceedings, the sale to be made by a commn. & not till after Dec. 1, 1891. DATED Oct 27, 1890, signed Bunn & Battle for plaintiff. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. REPORT OF REFEREE- filed March 11/90. TYPED REPORT. James Pender vs Sallie Robbins; proceedings before John L. Bridgers, Esqr, Referee. Testimony heard Jan 18 1890, Plaintiff was represented by Counsel; no one for the defendant. The parties were duly notified of the time and place of hearing. B.J. Keech, being duly sworn says; the he is the Clerk of the Superior Court of Edgecombe Co. and that the Book put in evidence, "Book of Inventories # 4", is a record of his court; and upon said Book there appears on page 361, an inventory of the property of Susan Daws, which is returned by R.B. Daws, her Administrator, as having come into his possession. It appears in said Inventory that the administrator, R.B. daws, received $49.12 in money, assets of his Intestate and charged himself therewith; said inventory having been filed on June 22, 1872. The Record of Final Settlements, #1 being a Record of said Court, put in evidence by plaintiff. At page 201 thereof, the final account of R.B. Daws, Adm. Of Susan Daws, in which it appears that he has in hand and due the estate of his Intestate, the sum of $1042.19, after paying all the debts against his said Intestate, and the costs of administration; said account being filed Jan. 1, 1873. It appears from the Records of said Court that James Pender was appointed and duly qualified on Feb 9, 1889, Adm. D.b.n., of Susan Daws. It is admitted that Sally Robbins duly qualified as Administratrix of R.B. Daws, former Administrator of Susan Daws; said appointment being made in the Superior Court of Nash Co. It appears from the Records of said Court that R.B. Daws was appointed and duly qualified, as Administrator of Susan, and that said Susan Daws left as heirs-at-law, John Daws and the children of Martin Daws, the children of Benjamin Daws, the children of Catherine Robbins, Siah Daws, Nathan Daws and the children of Sally Land, each being entitled to the one seventh part of the estate of said Susan Daws. (Book #1, Appointment of Executors and Administrators, page 115). S.B. Williams, witness for the plaintiff, being duly sworn, says; My wife was a daughter of Martin Daws. She has never been paid anything on account of her interest in the estate of Susan Daws. R.B. Daws, former Adm. Of Susan Daws, died without having fully settled the estate of Susan Daws. S.O. Daws, witness for the plaintiff, being duly sworn, says: I am a son of Martin Daws. R.B. Daws, former administrator of Susan Daws, never paid me anything on account of my interest in the estate of Susan Daws. S.B. Williams, recalled; I am admin. of Martin Daws. (Letters of Administration put in evidence.) Sally Robbins, Adm. Of R.B. Daws, former Adm. Of Susan Daws, has never paid me one cent as Adm. of Martin Daws. James Pender, being duly sworn, says; that he is Admr. d.b.n. of Susan Daws; that he has received nothing from Sally Robbins, Admx. of R.B. Daws, former Admr. of Susan Daws. Continuation of Testimony, Mar. 4, 1890. Sally Robbins, Defendant Adminx., being duly sworn, says; My first husband was R.B. Daws; he died on Feb. 10, 1786; he was administrator of Susan Daws, his grandmother. After his death, I found a number of receipts from the next of kin of Susan Daws; they were among his papers and I paid others as far I was justified in paying them. Exhibit marked "I" is handed to witness and she states that the children of Martin Daws are those named on said paper; and likewise the names of R.B. Daws children are correctly stated on said paper. There were nine shares in which the residue of the estate of the late Susan Daws were to be divided. The paper marked "X" contains the names of the nine children left by Susan Daws. Exhibit marked "2" shows settlement with John Daws, being receipts given by him. Exhibit marked "3" shows settlement with the children of Ben Daws and receipts given them; and the children there stated, are those left by him. Exhibit marked "4" shows settlement with the representatives of Patsy Land, a correct settlement of them and receipts. Henry Robbins, being duly sworn, says; I wrote C.L. Land about the estate, and paid him his share; he wrote me saying that he had received it. I sent J.H. Land his share; he had written about the amount; it was agreed on. I sent the money by express, but have not heard from it. I paid these amounts for my wife, Sally Robbins as Admx. of R.B. Daws. Sally Robbins, continued. Exhibit marked "5" shows partial settlement with Polly Thornily's representatives; the settlement there made is correct from the best information I can get. Exhibit marked "6" shows settlement with Katie Robbins' representatives; the statement is correct. Exhibit marked "7" shows receipt for Nathan Daws' share. Exhibit marked "8" shows settlement in full with Siah Daws. Sally Proctor left this country with her husband, as I have been told by her people. She left, so they say, many years before I came to this neighborhood, and I have been in this neighborhood 30 years. Susan Daws died in April, 1870, in Edgecombe County. Conclusions of Fact. (1) Susan Daws, domiciled in Edgecombe County, died intestate in April, 1870. (2) That R.B. Daws duly qualified as Administrator of said Susan Daws on May 29, 1872 and entered upon the duties of his office. (3) That R.B. Daws died intestate, Febry 10, 1876, without having fully administered the estate of the said Susan Daws. (4) That in the course of his administration of the said estate he duly filed, on Jan 1, 1873 an account final of his said administration in the Clerk's Office of said County, showing the balance in his hands as Administrator, of said Susan Daws, of $1042.19. (5) That some time in the year 1876, the defendant, Sally Robbins duly qualified as Administrator upon the estate of the said R.B. Daws, who was her husband, and took into her possession his said estate. (6) That the plaintiff, James Pender, on Feb. 9, 1889, duly qualified as Administrator d.b.n. of the said Susan Daws. (7) That the said R.B. Daws, Administrator of Susan Daws, was indebted to the estate of his intestate on the 1st day of Jan. 1873, in the sum or $1042.19. (8) That the said Susan Daws left her the following children, to-wit: Martin Daws, John Daws, Ben Daws, Patsy Daws, married Land, Polly Daws, married Thornily, Katie Daws, married Robbins, Nathan Daws (this name was originally written as Wiley G., but scratched out), Siah Daws, Sallie Daws, married Proctor. With these names, there were names and identification TYPEWRITTEN in margin; apparently as children of Martin were Hilliard, R.B. Daws, and apparently R.D.'s children, Mary Barnhill, J.D. Daws, W.R. Daws, G.T. Daws, & C.R. Daws. Also in margin were notes: next to Patsy Land- all her 7 children pd. except 2, C.S. & J.H., pd. after suit; next to Polly Thornell- 3 only of her 8 children pd.; next to Katie Daws- pd in full; next to Sallie Daws - pd. in full. (9) That a distributive share of said estate is the 1/9 part thereof, being the sum of $115.79. (10) That the distributees of Martin Daws, are- Hilliard Daws, R.B. Daws, Margaret M. Daws, married Williams and Siah O. Daws. That Hilliard Daws, Margaret Williams, and Siah Daws have not been paid any part of their distributive share in the estate of Susan Daws; and that there is due each one of them the 1/4 part of the 1/9 of said Susan Daws' estate, to wit, the sum of $28.95, with interest thereon from Jan. 1, 1873, until paid. (11) That John Daws has been paid in full. (12) That the interest of Ben Daws in the estate of Susan Daws has been paid in full. (13) That the interest of Patsey Land has been paid in full. (14) That all the children of Polly Thornily who are known to the defendant, have been paid their share in full. (15) That the children of Katie Robbins have been paid in full. (16) That (Wiley G. written but scratched out) Nathan Daws has been paid in full. (17) That Siah Daws has been paid his interest in full. (18) That Sally Proctor and her husband left this county more than 30 years ago and nothing has been heard from either of them for more than ten years, and nothing is known of their whereabouts. Conclusions of Law (1) That the plaintiff is entitled to recover such sums as may be due to the several distributees of said Susan Daws' estate, who have not been paid in full. (2) That the plaintiff is entitled to recover the sum of $174.91 on account of balance due the distributees of Martin Daws. (3) That the plaintiff is entitled to recover the sum of $235.68 on account of the distributive share of Susan Proctor. (4) That the plaintiff is entitle to judgement against the defendant for the sum of $410.59, with interest on $202.64, from Apr. 1, 1880, until paid and for the costs of this action. Signed Jno. L. Bridgers, Referee. CLYDE'S NOTE: In Referee's report to settle suit of James Pender vs Sally Robbins, Conclusions of Fact: TYPEWRITTEN in margin; apparently as children of Martin were Hilliard, R.B. Daws, and apparently R.D.'s children, (THIS SHOULD BE R.B.'S CHILDREN) Mary Barnhill, J.D. Daws, W.R. Daws, G.T. Daws, & C.R. (THIS SHOULD BE C.F.) Daws. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. MAGISTRATE'S SUMMONS- Edge. Co., Justice's Court, Rocky Mount Township, To any constable or other lawful officer of Edge. Co., summons for Mrs. Sallie Dawes to appear before me at Rocky Mount on 3 Jan. 1880 at 1:00 p.m. to answer the complaint of (N) E. Robbins for the non-payment of $137.08 with interest for our half interest in a certain tract of land bought by W.E. Robbins and R.B. Daws, signed 31 Dec. 1879, Jas. H. Chapman. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. SUMMONS- #85, W.E. Robbins against Mrs. Sallie Dawes, admr of R.B. Dawes to appear before J.H. Chapman, JP, Rocky Mount Township, received 31 Dec 1879, served 2 Jan 1880, returned 3 Jan 1880, signed B. (Bryan) Sheriff, J.N. Taylor, deputy sheriff. The within comes up for trial both the plaintiff and defendant (appearing) the defendant pleading statue of limitations. Mrs. Salle Daws became the administrator of R.B. Daws, Feb. 1876. I adjudge that the plaintiff W.E. Robbins recover of the defendant Mrs. Sallie Daws, Adm of R.B. Daws, $137.81 and interest on the above amt. From the last settlement between W..E. Robbins & R.B. Daws, and all costs in the case. Jas. H. Chapman, JP. An appeal taken ( ) & granted. Jas. H. Chapman, JP, Jan 9, 1886. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. APPEAL- W.E. Robbins vs Mrs. Sallie Daws Admr of R.B. Daws, To the Superior Court of Edge. Co.; an appeal has been ask for and granted in the above case; the evidence in the above case was obtained from the books of R.B. Daws, Bob Braswell and David Moore; after hearing the proof, I rendered judgement in of the plaintiff for $137.81 with interest from the last settlement between W.E. Robbins & R.B. Daws as stated in ( ) books; the defendant pleading statue of limitations, signed Jas. H. Chapman. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. JUDGEMENT- Superior Court Edge. Co, W.E. Robbins, Pltff vs Sallie Dawes, Admx of R.B. Dawes, This cause coming on to be heard and the plaintiff being called and failing to appear. It is on motion of B.H. Bunn & Jacob Battle attorneys for defendant adjudged that the plaintiff is not entitled to recover in this action and that this case be dismissed at the plaintiff's costs. Signed J.C. ( ), Judge presiding. Edgecombe County Estate File for R.B. Daws, 1876, NC State Archives CR.037.508.35. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Tommy Colbert - clycolbert@aol.com ______________________________________________________________________