Franklin County NcArchives Court.....Upchurch, Ambrose August 22, 1897
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Susan Davis sdavis124@msn.com September 28, 2008, 5:13 pm

Source: Franklin County
Written: August 22, 1897

North Carolina In the Superior Court
Franklin County

State on relation of …….Alford and others vs. William Upchurch and others     

The Plaintiff Complaining of the Defendants say:

FIRST.  That on the second day of July 1894, Ambrose Upchurch died in the County
of Franklin, in the State of North Carolina, intestate, and that shortly
thereafter, to-wit:  on the …..day of July 1894, William Upchurch qualified as
his administrator, and entered into bond payable to the state of North Carolina,
with the other defendants as sureties thereto, in the sum of Four Hundred
dollars, with the usual requirements and conditions of such bonds.  (A copy of
which said bond will be offered in evidence, in this case when in its progress
it may become necessary.)
SECOND. That as such administrator, there came into his hands personal property
and effects belonging to the estate of the said Ambrose Upchurch, in the sum and
amount of $299.41, which said personal property and effects, after the payment
of the debts of the estate, was distributable to the plaintiffs above named.
THIRD.  That the said defendant administrator had not at any time since the
coming into possession of the said personal property and the said monies and
chattels aforesaid, filed any inventory or made any account, showing in what
manner he has disposed of said property or how he has applied the same although
more than 2 years have elapsed since the grant of letters of administration …
FOURTH.  That the estate of Ambrose Upchurch was indebted if any at all, in a
very small amount, and the defendant administrator, while not paying any of the
debts of the estate, small and inconsiderable as they were, has not paid over to
these distributees any part of the monies so received by him, to which they were
properly entitled, but has eloined and appropriated the same to his own use, in
utter disregard of the requirements and conditions of the said bond, and the
plaintiffs’ rights herein.
FIFTH.  That these plaintiffs are advised, that by so eloining the said moneys
and chattels of the intestate’s estate and appropriating them to his own use, by
filing to make his inventories and account, as by the law required, and by other
like acts of omission and commission, the said defendant administrator has
violated the conditions of his said bond, and rendered himself and sureties
liable thereon.
WHEREFORE these plaintiffs pray the Court that they have judgment against the
defendant administrator and the sureties on the said administrator’s bond, for
the sum of …..Dollars the penalty of said bond to be discharged, never-the-less,
upon the payment by the defendant and his sureties of such amount as it shall be
ascertained that he owes on account of the said administration.
(2) That an account be stated by some person, thereto authorized by this Court,
for the purpose of ascertaining what money or moneys have come, or ought to have
come into the hands of the said defendant administrator on account of his said
administration.
(3) For such other and further relief as plaintiffs may be entitled to under the
circumstances of this cause, and for their costs to be taxed by the Clerk of the
Court.
Signed……..    and …….

W.J Stallings being duly sworn doth say that the facts set forth in the
foregoing complaint, where stated of his own knowledge are true, and as to those
matters where stated on information and belief, he believes them to be true.
Sworn and subscribed before me
This 22nd day of April 1897
W.J. Stallings
R.R. Harris CSC



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