Greene-Wayne County NcArchives Court.....Barden, Howell V. 1832
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File contributed for use in USGenWeb Archives by:
Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 May 12, 2011, 12:47 pm

Source: N C Archives
Written: 1832

#1967 – HOWELL vs BARDEN

NC Supreme Court Case found at the NC Archives, Raleigh, NC and abstracted by 
Martha Mewborn Marble

Greene County, 1832

Benjamin Howell Jr with John H. Bryan his attorney – sd Howell exhibited a 
transcript from the Superior Court of Wayne County

This case was started in Wayne County in 1829 where the Will of Benjamin 
Howell was presented and the following caveat was entered – the Will was filed 
for probate and a caveat against probate was filed by Arthur Barden and Mary 
his wife, James Aycock and Belinda his wife, William Reams and Rachel his 
wife, Robert Peacock and Wealthy his wife – they disputed the validly of the 
Will – Benjamin Howell Jr. was appointed Admr in the meantime under a Bond of 
$20,000 with Samson Lane and John Kennedy his securities – on the 3rd Mon of 
Feb 1830 a jury was seated

Jury – Shadrack Pate, John Outland, Lovit Hooks, Wateman Thompson, Edmon Cox, 
Thomas Britt, Calldy Overman, David McKinnie, John Broadhurst, Woodard Howill, 
John McKinnie and James Everett

The jury found for the def and will not honor the last Will and Testament of 
Benjamin Howell Sr

The plf asked the re-trial be moved to Greene Co

Jury in Greene Co – Dempsey Wood, Obed Dixon, Richard Hodges, Stephen Daniels, 
Arthur Speight, Theophilus Eason, Ephraim Spivey, Arthur Coward, James B. 
Pridgin, Seth Speight, Benjamin Rasbury, James W. Hooker

The jury found for the def

Another trail was held in Greene Co – Jury – John Grimsley, John Beeman, Jesse 
Hart, Write Taylor, Thomas Hughs, Smith Pridgen, Joel Lane, Person Tuton, John 
Graingers, Alligood Okes, William Allen, Samuel Hidliberg

Jury found for the plf

Def appealed to the Supreme Court

NOTE: The Will was not in the folder

File at: http://files.usgwarchives.net/nc/greene/court/barden2102wl.txt

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