Lenoir County, NC - Croom vs Whitfield, 1853

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NC SUPREME COURT CASE #6237 – JOSEPH R. CROOM, EXR vs WILLIAM H. 
WHITFIELD – June 1853 – Lenoir County. Found at the NC Archives. 


Bill of Complaint of Joseph R. Croom, executor of the last Will and 
Testament of William H. Whitfield dec complainant vs William H. 
Whitfield, Jr, Elizabeth Whitfield, Nancy H. Whitfield, John Parker and 
Mary Jane his wife, John G. Davis and Rachel his wife, David F. McKiney 
and Eliza his wife, Henry H. Whitfield, John E. Whitfield and Lewis A. 
Whitfield – defendants.

William H. Whitfield at the time of his death was seized of a 
considerable personal estate consisting of slaves and other property. 
On about 16 Sept 1851 Whitfield made his will and he departed this life 
sometime in the month of September 1851 without altering his said Will. 
The Will was proved and your Orator was appointed Executor. The 
defendant Elizabeth Whitfield was the widow and the defendants William 
H., Nancy H., Henry H., John E., Lewis A. Whitfield, Mary Jane Parker, 
Rachel Davis, Eliza McKiney were his children. William Haywood 
Whitfield was under the age of 21 and his guardian was Elizabeth 
Whitfield. Mary Jane married John Parker, Rachel married John G. Davis, 
Eliza married David F. McKinny

Under the terms of the Will, your Orator sold the lands and other 
property and the heirs received
Elizabeth - $4451.95
The rest of the estate was worth $3869.10 making the total value of the 
estate $8321.05.  
The debts and expenses of administering the estate was $4095.32 – here 
another figure of $3679.27 was given. The Balance was $4225.72 for the 
payment of the legacies

According to the Will the following legacies have been paid out
To Elizabeth Whitfield the sum of                 $1,000
To Lewis A. Whitfield the sum of                     700
To John E. Whitfield the sum of                      500
To Nancy E. Whitfield the sum of                     100
To Henry Haywood Whitfield the sum of                  5
To Rachel Davis the sum of                           300
  For a total of $2605.00

A sum of only $1,620.22 exclusive of interest should remain in the 
hands of your Orator as the Executor. In the last item of the Will it 
is instructed the rest of the property to be sold, debts paid and any 
remainder divided equally among the heirs. In the 3rd clause he 
bequeathed $3,000 to his son William to be paid out of the proceeds of 
the sale of the lands and one negro when he arrives at the age of 21. 
Your Orator states he is unable to administer the Will as written 
without direction from the Court. Your Orator is at a loss to know what 
amount of money of the proceeds of the sale he is to retain or pay out 
for the said William. Is the $3000 in addition to the last item or 
included in it. Said William is not two years old. The amount of money 
in your Orator's hands does not exceed $4225.72 ¾. If the entire $3000 
is paid to said William, there will not be much left for the other 
legatees.

In the 11th clause the boy Caleb who was a favorite of the deceased is 
to be hired out and ¼ of the proceeds to be given to him. A difference 
of opinion has arisen between the defendants and your orator over the 
administration of the estate especially as it concerns what William H. 
Whitfield is to inherit. Also a difference of opinion on the boy Caleb 
and his 1/4th payment. Is said Caleb legally able to accept such 
payment and is he capable of handing such legacy.

The Court found that the bequest to William Haywood Whitfield is a 
vested legacy and his portion must be paid to him upon his attaining 
the age of 21 years of age. The Court found the bequest to the boy 
Caleb is a void legacy under the laws of the State.

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This file was contributed for use in the USGenWeb Archives by
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