Franklin County, NC - John Jackson, others vs Wright Stallings, others ~~~~~~~~~~~~~~~~~~~~~ John Jackson and wife Milly and Others V.S. Wright Stallings and Others To the Worshipful: The Court of Franklin County, and the State of North Carolina. The petition of your petitioners, John Jackson and Milly his wife, Joshua Gay and Judith his wife, and Josiah Stallings, against Wright Stallings Administrator of all and singular, the goods and chattels of Moses Stallings deceased, and Reuben Stallings,(Moses Stallings deleted), James Stallings and John Stallings. Humbly show that Moses Stallings late of Nash County on the 18th day of October 1794 departed this life intestate and in his life time and at the time of his death was possessed of and entitled to a considerable personal estate consisting of negroes, household furniture, stock of different kinds, plantation utensils & as by the inventory hereunto annexed will more fully Appear & which you petitioners pray may be made part of this their petition. Your petitioners further show that at the February Court held for The County of Nash, Letter of Administration of all & of the said Moses was granted to the said defendant Wright Stallings, who took into his possession all the property as aforesaid, of the said Moses. Your petitioners’ further charge that the said Wright the administrator did not return to the Court, aforesaid a true and perfect inventory but that more property of the said Moses came to his hands, than what is mentioned in the said inventory and that he has converted the same to his own use. Your petitioners also charge that the said Moses died unindebted and that his personal estate at the time of his death was worth 900 pounds and upward. Your petitioners further show unto your Worships that your petitioners John Jackson intermarried with Milly Stallings daughter of the said Moses that your petitioner Joshua Gay intermarried with Judy another daughter of the said Moses & that your petitioner Josiah is a son of the said Moses and equally entitled by the law of the land to their distributive share of the estate of the said Moses, the intestate, together with the said Wright the Administrator and the other defendants Reuben, Moses, James & John, sons of the said Moses. Your petitioners further show that not with standing they have after in a friendly manner to the said Wright the Administrator failed to pay and deliver to them their proportionate share of the property above of the said intestate and also informed the said defendants Reuben, James, and John of the same yet the said Wright hath hereunto refused sometimes pretending the property was consumed in the judgment of just debts at other times that the property was not so valuable as alleged by your petitioners and still wholly refuses to pay to your petitioners their legal proportionate share of the same. Your petitioners further charge that when they have applied to the said Wright for their distributive share as aforesaid they have been answered that he the said Wright intended to divided the said estate equally among your petitioners, Reuben, James, and John the defendants; all though the said defendants were so much advanced by the said Moses in his life time as by the laws of the land to preclude them from any share at least an equal share of the said estate. All which acting’s, and doings in contrary to equity and good conscience. In tender consideration thereof and as your petitioners are remediless in the premises unless in this Court, where matter of this kind are properly and solely resolved may it please your Worships, to grant to your petitioners the States gracious Writ of Subpoena directed viz to the said defendants to be and appear in the Worshipful Court and then and there true and perfect answer on their Corporal Oaths to make to all and singular the premises but more particularly that they may set forth and discover and particularly the Defendant Wright whither part of the property of the said Moses was not returned in the inventory the particulars of the same the quantities and respective values, and that your Worships will administer such relief in the premises as to your Worships shall summate and prefect and your petitioners will win sway. v.c., Alex. Falconer, Atty for Petitioners (In the third line of text, Moses Stallings Jr’s name is scrolled through since he had already moved to Georgia.) 17 September 1795. Inventory of what said Moses gave his daughter Judy Gay before his death. 18 September 1795. John Jackson in right of his wife Milly indicated what said Moses gave him before his death. 11 November 1795. Promissory note from Moses (X) Stallings to James Stallings; Thomas Brickell witness. 1795. Kitchen Primm’s account with the estate. (The purchase of 150 acres of land in Nash County.) 16 February 1796. Wright Stallings indicates what his father Moses gave him before his death. Included were 194 acres, 1 negro girl. 14 March 1796. Reuben Stallings indicates what his father Moses gave him before his death. Included were 72 acres, 1 negro boy. 14 March 1796. Jimmy (James) indicates what his father Moses gave him before his death. Included 194 acres, 1 negro girl. In an undated paper in the estate file indicates: Wright Stallions has had a negroe & and other property. John Stallions has had 2 negroes. James Stallions has had 1 negroe & other property. Moses Stallions has had 1 negroe & other property. Joseph Stallions has had a negroe & other property. (This is Josiah) John Jackson, (husband of Milly Stallings) and Judith (Stallings) Gay the only legatees who have no share. This is the estate of Moses Stallings, the son of Elias Stallings Jr., the son of Elias Stallings Sr., the son of Nicholas Stallings Sr. Source: North Carolina State Archives Estate Records, Xerox Request A D D E N D U M: Bertie County court minutes 1724-1767: Record of the sale of land Moses Stallings of Bertie County to Henry Wyburn and James Long, witnessed by Josiah Stallings and James Early about 1765 ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Callie J. Stallings ___________________________________________________________________