MONTGOMERY COUNTY, NC - WILLS - George Allen Estate Record, 1847 ==================================================================== 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. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Sandra A. Elliott allenelliott@InfoAve.Net ==================================================================== Randolph County Estate files in NC Archives in Raleigh George Allen actually died in Montgomery County, buy his son R.Q. (Reuben) Allen lived in Randolph County and filed this paper to have his father’s estate settled. 1. George Allen estate R.Q. Allen vs. P.C. Saunders & James Allen admin. Of Geo Allen ?? debt to Fall term 1847 Executed A.H. Sanders, sheriff Spring term 1850 To the Sheriff of Montgomery County, greetings, You are hereby commanded to summon Pleasant C. Sanders and James Allen administrators of George Allen, decd. If to be found in your county, and then before the honorable Judge of our Superior Court of Law, at our Court to be held for the county of Randolph, at the Court-house in Asheborough on the fourth Monday of September next, then and there to answer Reuben Q. Allen of a plea of debt for the non-payment of $300 which they desire to his dowage one hundred dollars. Herein fail not, and have you then and there this Writ. Witness J.M.A. Drake, Clerk of our said Court, at office on the fourth Monday in March, A.D. 849 Issued the 30th day of March, 1849 We and each of us promise to pay P.C. Sanders & James Allen all such costs as they as adms. of Geo. Allen recover of the account of the will suit not being prosecuted with effect April 1, 1849 R.Q.Allen Wm. P. Pugh 2. R.Q. Allen vs. James G. Allen, P.C. Sanders adm Session ??? Jas. Simmons, Jr. Nathan Wright Joel Lucas To Spring Term 1850 Executed A.H. Sanders, Sheriff State of North Carolina To the sheriff of Montgomery County, Greetings: You are hereby commanded to summon James Simmons, Jr., Nathan Wright, and Joel Lucas, Nathaniel Knight Personally to be and appear before the Judge of our Superior Court of Law, to be held for the county of Randolph, at the Court-house in Asheborough, on the fourth Monday of March next, then and there to testify, and the truth to say in behalf of the plaintiff in a matter of controversy pending in said Court, wherein R. Q. Allen is plaintiff and James G. Allen, P.C. Sanders,?? Defendants herein fail not, and have you then and there this writ. Witness Wm. Murdock, Clerk of said Court, at Office, the fourth Monday of September, A.D. 1849 Issued the 26 day of Jan. A.D. 1850 3. R.Q.Allen vs. P.Sanders & James G. Allen To Spring Term 1850 Executed H. Andrews, sheriff By E. S. Lawrence, deputy State of NC to the sheriff of Randolph County greetings: you are hereby commanded to summon John McLoud personally to be and appear before the Judge of our Superior court of Law, to be held for the County of Randolph, at the Court-House in Asheborough, on the fourth Monday of March next, then and there to testify and the truth to say in behalf of R.Q. Allen R.Q. Allen in a matter of controversy pending in said court therein R.Q. Allen plaintiff and P. Sanders, James G. Allen, adm. Defendants herein fail not and have then and have you then and there this writ witness Wm. Murdock clerk of our said court, of office, the fourth Monday of September A.D., 1849 Issued the 5th day of February A.D. 1850 Wm. Murdock, C.S.C. 4.Reuben Q. Allen vs. James Allen & P.C. Sanders, adm. Affidavits of P.C. Sanders & A.H. Sanders to Spring 1850 State of North Carolina Superior Court of Law Randolph County Spring Term 1850 R.Q. Allen vs. James Allen, P.C. Sanders, adm. Pleasant C. Sanders maketh oath that he has not much knowledge of the management of suits in Court but should have attended to this suit and come to Asheboro only for the reason that his Brother Col. Aaron H. Sanders the Sheriff of Montgomery devised him to go to Raleigh to make settlement for him with the Public ???? & advised him that there was no necessity of his attending at Asheboro. For the was nothing would be done with the suit the first court & further said he would write to Cyrus O. Mendenhall Esq. And his is informed by his Brother that he did either write or speak to either said Mendenhall or Col. I. M. A. Drake to attend to said suit. & was satisfied an attorney name was ??to the cause - That this appoint did not ?? a judgment by default court be taken this first term but he needed fully satisfying everything necessary would be done & attended to by his Brother whom he had employed as his agent for that purpose. Or he most certainly would have gone to Asheboro in Court time in going to or returning from Raleigh or not have gone to Raleigh had he known it was necessary for him to do that he was acting ors adm. & altogether disposed to do his full duty & to neglect nothing & he fully ??? Plaintiff has no just claim against the estate of George Allen. Aaron H. Sanders maketh oath that he asked his Brother Pleasant C. Sanders to go to Raleigh to make a Public settlement as Sheriff for him the time of last court at Randolph and being informed said Pleasant was going to Randolph Superior Court where he and James Allen were sued promised his Brother that there was no necessity of his attending to the suit the first term of court but he would write to Cyrus P. Mendenhall to make his name to the suit. The affiant states that he thinks he either did speak or write to Col. Drake or write to Cyrus P. Mendenhall to attend to said suit for hi collects of having attended to the matter for his Brother Pleasant that he had no idea any thing let a judgment could be entered against a defendant the first term for he had always understood suits were only returned the first term & stood for trial the second term Sworn to before me Wm. Murdock, C.S.C. A.H. Sanders 5.State of North Carolina, Randolph County Superior Court of Law Spring term, 1850 R.Q. Allen vs. P.C. Sanders, James Allen, adm. John McLoud charges the plaintiff for 2 days attendance at court at $1 $2.00 50 miles traveling to and from court at 3 and ½ cents 1.67 ferriage .10 this ticket $3.77 Sworn in open court Wm. Murdock, C.S.C. State of North Carolina Superior Court of Law Randolph County Spring Term, 1850 R.Q. Allen vs. P.C. Sanders & James Allen, adm. James Simmons charges the plaintiff for 2 days attendance at court at $1 $2.00 44 miles traveling to and from court at 3 ½ cents 1.47 ferriage .10 $3.57 Sworn to in open Court Wm. Murdock, C.S.C. 6.State of North Carolina Superior Court of Law Randolph County Spring Term 1850 R.Q. Allen vs. James Allen & P.C. Sanders, adm. James Allen maketh oath that the defendants reside in the County of Montgomery a considerable distance from this place - and there administration to the estate of George Allen - that the plaintiff a son had removed to reside in Asheboro - That there were some suits of said estate in Moore County to which this affiant attended & his co-administrator Pleasant C. Sanders agreed to attend to this suit in Randolph. This affiant is informed by said Sanders & so believing that nothing would be done with this suit this first court, & it was not necessary to attend until this term and as said Sanders attended to a suit against said estate in Chatham last week - it fell to affiant lot to attend here this week. To his surprise on coming & employing counsel he found a judgment by default & enquiring had been entered at last court that this affiant did not know the necessary of employing counsel the first term. & fully believed that it was in sufficient time to employ counsel now which he has done. This is fully satisfying said honestly believed the same for he was gone to Raleigh the week of last court at Randolph & could easily have passed this way had he have known it was necessary and affiant does not believe the estate of George Allen was security for a large debt to Peter Evans of Chatham & judgment was rendered against plaintiff and defendants as adms. last week for over $1200 as affiant is informed & believes and plaintiff is understood to be entirely insolvent. Jas. G. Allen Sworn to before me Wm. Murdock, C.S.C. 7.R.Q. Allen vs. P.C. Sanders & James Allen Affidavits of Fall 1850 State of North Carolina Superior Court of Law Randolph County Fall term 1850 Reuben Q. Allen vs. Pleasant C. Sanders & James Allen, adms. The defendants Pleasant C. Sanders & James Allen make oath that they are informed and believe that the plaintiff has left the state & is wholly insolvent - and they are further informed & believe that William P. Pugh the security to the Prosecution Bond in this suit is a young man and without any - property Sworn to and absolved before me P.C. Sanders Jas G. Allen William Murdock, Clerk Enoch I Lawrence maketh oath that he is also informed & believes that the plaintiff Reuben Q. Allen has left the state insolvent - and he knows William Pugh a young man who lives in Asheboro and has no visible property - He believes him altogether insufficient security -