Newhanover County NcArchives Court.....Quince - Deceased, Parker 1789
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Connie Ardrey n/a February 27, 2009, 7:07 pm

Source: Colonial Records
Written: 1789

Acts of the North Carolina General Assembly, 1789
November 02, 1789 - December 22, 1789
Volume 25, Pages 1 - 63

CHAPTER XXVI.

An Act to Enable Thomas Callender, Acting Executor of the Last Will of Parker 
Quince, late of New Hanover County, Deceased, and the Other Person Therein 
Named, to Make Sale of Certain Lands and Tenements, Part of the Residuary 
Estate of the said Parker Quince.

Whereas, Thomas Callender, acting executor of the last will and testament of 
Parker Quince, late of New Hanover county, Esq., deceased, Susanna Quince, 
Richard Quince, Junior, and William Seranzo Quince, a minor by the said 
Susanna Quince his mother and guardian, residuary legatees of the said Parker 
Quince, have presented their petition to this present General Assembly with 
the will of the said Parker Quince annexed, setting forth among other things, 
that the residuary estate of the said Parker Quince consisted principally of 
negro slaves and unimproved lands, the latter of which is wholly unproductive 
and even attended with a yearly expence: That the said executor hath already 
disposed of thirty-three of the said slaves towards the payment of the debts, 
and that there is yet due from the estate, including interest, the sum of nine 
thousand pounds or thereabouts, for the payment of which, and a debt of 
fifteen hundred pounds with above six years interest now in suit, only twenty-
seven slaves of the residuary estate are remaining, and several of them old 
and superannuated, so that the said executor will not only be obliged to sell 
and dispose of the remainder of the residuary estate in his hands, but some 
part of the slaves specially bequeathed by the said will, while the lands must 
remain many years a burthen upon the legatees to their great injury, and 
contrary to the intention of the testator; and praying that the petitioners 
may by an act of the General Assembly, be enabled and empowered to sell and 
convey the real estate of the testator not specifically devised for the 
payment of debts, so as to save to the legatees the personal and productive 
estate intended for them by the testator: And whereas, it appears to this 
General Assembly that the prayer of the said petition is reasonable, and that 
it will be greatly beneficial to the residuary legatees of the said Parker 
Quince that such of the real estate as is not specifically devised by his said 
will should be sold for payment of his debts:

I. Be it therefore enacted by the General Assembly of the state of North 
Carolina, and it is hereby enacted by the authority of the same, That it shall 
and may be lawful for the said Thomas Callender, or other the executor or 
executors of the said Parker Quince, Susanna Quince, Richard Quince, Junior, 
and William Seranzo Quince, notwithstanding his minority, and the survivor or 
survivors of them, the acting executor or executors of the said Parker Quince 
being one or more, and they and every of them are hereby empowered to sell and 
dispose of all and singular the real estate of the said Parker Quince not 
specifically devised by his said will, and to make conveyances for the same to 
the purchasers thereof, thereby conveying to each purchaser and his heirs 
respectively, by virtue of the power given by this act, all the estates, 
rights, title, interest, claim and demand whatsoever therein and thereto, of 
which the said Parker Quince died seized and possessed; and the monies arising 
by such sales shall be received by the said Thomas Callender, or other the 
executor or executors of the said Parker Quince, and by him or them only, and 
shall be assets in his or their hands for the payment of the debts of the said 
Parker Quince, and by him or them.


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