Gates County, NC - Wills & Estates - Richard Parker - 1778 File contributed for use in USGenWeb Archives by Raymond Parker Fouts D.C.R.2.023.12 Edenton District Estates Records-Richard Parker file Know all Men by these Presents that I Jacob SUMNER of Nancemond County in the State of Virginia am held and firmly Bound unto Richard PARKER of Hertford County in the State of North Carolina in the full and just Sum of One Thousand Pounds Current Money of Virginia to be paid unto the said Richard Parker his Heirs, Executors Administrators, or assigns, to which payment well and truly to be made and done I Bind myself my Heirs Executors and administrators jointly and severally, firmly by these presents, sealed with my seal and dated this twelveth day of March in the year of our Lord, one Thousand Seven Hundred and Seventy Eight. The Condition of the above Obligation is such that whereas the said Richard PARKER hath executed Deeds of Bargain and Sale for five Hundred Acres of Land lying in the County of Hertford in Carolina and Nancemond in Virginia, to the above Bound Jacob SUMNER for the purpose of Procuring a Sum of ready Money from him, and also that he the said Jacob SUMNER shall and will pay & Discharge for the said Richard PARKER a Debt by him owing to Luke SUMNER Now it is agreed that if the said Richard PARKER shall at any time within One year and Eight Months from this date pay unto the said Jacob SUMNER his Heirs or Executors a Sum of Virginia Money sufficient to repay and Discharge all that the said Jacob SUMNER shall advance for him the said Richard PARKER together with Legal Interest for the same, that then and not till then the said Jacob SUMNER his Heirs or Executors shall and will deliver up unto the said Richard PARKER or his Assigns, the said Lands, Deeds &, titles above mentioned. But if it shall so happen that the said Richard PARKER shall fail or neglect to return and pay unto the said Jacob SUMNER his Heirs, or Executors, all such sum or sums of Money as shall be due to him with Legal Interest for the same within the time aforesaid, then the said Jacob Sumner shall advertise the said Five Hundred Acres of Land; and sell the same at Publick Sale for the best price in ready Money & he or his Heirs or Executors, after such sale and executing Deeds for ye. same shall after deducting the Debt Interest & Costs or expence justly due to him shall equally devide and pay the Residue of the Money to Patience FRYER Sister of the said Richard PARKER and to all her Children then Living share and share (part of document missing in Xerox copy) the above Bond to be void & of no effect or (missing) in full force and Virtue in Law. Jacob Sumner (Seal) Signed Sealed and Delivered in the Presents of Jacob ( his J mark) Rabey Israel Beeman Henry King And it is further agreed by & Between the Parties within mentioned that if the said Richard PARKE [sic] shall fail to appear according to the time within mentioned then the said Jacob SUMNER his Exrs. &c. shall take into his Possession all and every part of the Personal Estate of the said Richard PARKER & sell the same and divide the Nett produce thereof as within ordered & this is hereby declared to be part of the agreement between the said Jacob SUMNER and Richard Parker day and date within mentioned Jacob Sumner Israel Beeman Jacob (J) Raby Henry King A true Copy Test Law Baker C.C. --------------------------------------------------- D.C.R.2.023.12 Edenton District Estates Records-Richard Parker file State of North Carolina, Gates County, ss Thomas FRYER Administrator of all and Singular the Goods and Chattels, Rights and Credits which were of Richard PARKER deceased, complains of Jacob SUMNER in Custody (and so forth).. For that whereas the said Jacob, on the twelfth day of March, in the year of our Lord one Thousand seven hundred and Seventy Eight; at the County aforesaid, by his certain Writing obligatory, sealed with the seal of the said Jacob, and to the Court now here shews, the date whereof is the same day and year, acknowledged himself to be bound to the said Richard in the sum of one Thousand Pounds Current Money of Virginia (which said sum is of the value of Three hundred and fifty two Pounds eleven Shillings and one penny and one farthing Current Money of this State) to be paid to the said Richard when he should be thereunto afterwards required. Yet the said Jacob, although often required to pay the same by the said Richard in his lifetime; and the said Thomas since his Death and his being constituted administrator as aforesaid, hath not paid the said one Thousand pounds Current Money of Virginia to the said Richard in his Lifetime nor to the said Thomas after the Death of the said Richard (to which said Thomas on the [blank] day of [blank] in the year of our Lord one thousand seven hundred and [blank] at [blank] Administration of all and Singular The Goods and Chattels, Rights, and Credits, which were of the said Richard at the time of his Death, was in due form of Law committed by [blank] to whom the committing the said administration of right belonged) but the said Jacob entirely refused to pay the same to the said Richard in his lifetime, or to the said Thomas after the Death of the said Richard, and still refuses to pay the same to the said Thomas, and unjustly detains the same to the damage of the said Thomas [blank] pounds and thereupon he bringeth suit (and so forth) And he brings here into Court the Letters of Administration aforesaid which to justify (?) the commencing the said Administration in form aforesaid, the date whereof is on the day and year aforesaid expressed (and so forth). John Doe } Richard Roe} Pledges of Peas(?): Copy Test Law Baker C.C. ------------------------------------------------- LDS Reel #18946 Gates Co., N. C. Inventories of Estates-Superior Court Records Inventory of Richard Parker, dec'd, taken by Thomas Fryer, Administrator Nov. Ct. 1783 Recorded Book A, Folio 298 ------------------------------------------------- D.C.R.2.023.12 Edenton District Estates Records-Richard Parker file Know all Men by these presents that We Jacob SUMNER William HARRIS & Isaac MILLER - all of the County of Gates and State of North Caro_____ are held and firmly Bound unto Thomas FRYER Administrator of Richar_ PARKER deceased in the just and full Sum of Seven Hundred and Eleven pou___ two Shillings Specie to be paid to the said Thomas FRYER Administrator of Richard PARKER deceased their Executors Administrators or assigns to to [sic] which payment will and truly to be made We bind ourselves and each of us are and each of our Heirs Executors and Administrators jointly & Severally firmly by these presents sealed with our Seals and dated this the 21 day of August Anno Dom 1784. The Condition of the above Obligation is such that whereas the above Bounden Jacob SUMNER hath obtained an appeal from the Judgment of the Inferior Court of Pleas and Quarter Sessions holden for the County of Gates at the Court House on the Third Monday in this Ins___ August to the Superior Court to be held at Edenton for the District of Edenton on the first day of November next ensewing the date hereof: Now if the said Jacob SUMNER shall prosecute his said Suit with Effect and perform the Judgment or sentance which the said Superior Court shall pass or make thereon in case such appellant shall have the same desided against him and shall will and truly pay and satisfy to the sa__ Thomas FRYER Administrator of Richard PARKER deceased all such costs and Damages as shall be awarded and recovered against the sa__ Jacob SUMNER then the above Obligation to be void otherwise to be and remain in full force power and Virtue. Jacob SUMNER William Harriss Isaac Miller Signed Sealed and Delivered in the presence of Law Baker ------------------------------------------------- D.C.R.2.023.12 Edenton District Estates Records-Richard Parker file Know all Men by these presents that We Jacob SUMNER William HARRIS & Isaac MILLER - all of the County of Gates and State of North Caro_____ are held and firmly Bound unto Thomas FRYER Administrator of Richar_ PARKER deceased in the just and full Sum of Seven Hundred and Eleven pou___ two Shillings Specie to be paid to the said Thomas FRYER Administrator of Richard PARKER deceased their Executors Administrators or assigns to to [sic] which payment will and truly to be made We bind ourselves and each of us are and each of our Heirs Executors and Administrators jointly & Severally firmly by these presents sealed with our Seals and dated this the 21 day of August Anno Dom 1784. The Condition of the above Obligation is such that whereas the above Bounden Jacob SUMNER hath obtained an appeal from the Judgment of the Inferior Court of Pleas and Quarter Sessions holden for the County of Gates at the Court House on the Third Monday in this Ins___ August to the Superior Court to be held at Edenton for the District of Edenton on the first day of November next ensewing the date hereof: Now if the said Jacob SUMNER shall prosecute his said Suit with Effect and perform the Judgment or sentance which the said Superior Court shall pass or make thereon in case such appellant shall have the same desided against him and shall will and truly pay and satisfy to the sa__ Thomas FRYER Administrator of Richard PARKER deceased all such costs and Damages as shall be awarded and recovered against the sa__ Jacob SUMNER then the above Obligation to be void otherwise to be and remain in full force power and Virtue. Jacob SUMNER William Harriss Isaac Miller Signed Sealed and Delivered in the presence of Law Baker ------------------------------------------------- D.C.R.2.023.12 State of North Carolina, Gates County} August Term 1784 Thomas Fryer, Admnr. of Richard Parker deceased vs Jacob Sumner Detinue General Issue &. statute Limitations Conditions performed Jury empanelled & Sworn say the Conditions are not performed & assess for the Plaintiffs Damages L355..11.0 &_ costs on which the Defendant prayed an appeal to the Superior Court of Law and Equity which was granted, on his giving Bond and Security according to Law, which was accordingly done. Copy Test Law Baker C. C. ============================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. 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