Orange County NcArchives Wills.....Currie, Hugh October 10, 1849 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Ben Franklin ben.franklin.ffru@gmail.com May 2024 Source: Loose Will, NC Archives CR 073.801, Will Book Volume F, pages 491-492 Written: October 10, 1849 Recorded: May 1851 Testator: Hugh Currie I Hugh Currie of the County of Orange & State of North Carolina being of sound & disposing mind & memory do make publish & declare This to be my last will & testament revoking all former wills made by me - Item 1. I give & bequeath to my friend John Latta his Executors & administrators the following negroes now in the possession of my son in Law Allen Petty, towit, Rachael & her children Jinney Simon Maria & Charles & their future increase, to be held by said John Latta in trust, - first, for the sole & sepirate use & benefit of my daughter Sally Petty, free from any control of her husband Allen Petty during her natural life - Secondly in trust for such of the children of my daughter Sally Petty, that are now living, as may be surviving at her death ~~ Item 2 I give and devise to my Son William Currie if he be living & returns to the County of Orange, the plantation on which I now live containing about 224 acres - but if my Son William Currie is dead or does not return to the County of Orange, I give & devise The said Tract of land to my grand children Mary Currie, Betsey Currie, Edith Currie, Sally Currie & Hugh Currie Item 3. I direct my Executors to sell my negroes Sandy, William Martha & child, Becca & child, Dilcy[Diley?] & my girl Lucy now in the possession of Allen Petty at private sale upon a credit of six months taking bond & good security & out of the proceeds I give & bequeath one Third part to my daughter Polly Clark, one Third part to the children of my daughter Edith Reeves deceased & one Third part to the children of of[sic] my Son William Currie, The said negroes to be allowed to choose their own masters provided a fair price is offered by the persons so chosen - Item 4 The rest & residue of my property & effects not disposed of by This will I direct to be sold upon a credit of six months & The proceeds to be applied first to the payment of my Just debts & The remainder [page 2] to be divided in the same manner as directed in The Third Item of this will ~ Item 5 I constitute & appoint my friends Joseph Latta and John Latta Executors of this my last will & testament - Given under my hand & Seal this 10th day of October 1849 his Hugh (H?) Currie (seal) Signed sealed published mark and declared in the presence of J. Allison } Geo. Laws } [Will Book Volume F, page 491] I Hugh Currie of the County of Orange & State of North Carolina being of sound & disposing mind & memory do make pub= lish & declare this to be my last will & testament revoking all former wills made by me Item 1. I give and bequeath to my friend John Latta his Executors and administrators the following negroes now in the possession of my son in Law Allen Petty, towit, Rachael & her children Jinney, Simon, Maria & Charles & their future increase, to be held by said John Latta in trust, first, for the sole and separate use & benefit of my daughter Sally Petty, free from any Control of her husband Allen Petty during her natural life ~~ Secondly in trust for such of the Children of my daughter Sally Petty, that are now living, or may be surviving at her death ~~ Item 2 I give & devise to my son William Currie if he be living & returns to the County of Orange, the plantation on which I now live Containing about 224 acres ~~ but if my son William Currie is dead or does not return to the County of Orange, I give & devise the said tract of land to my grand Children Mary Currie, Betsey Currie, Edith Currie, Sally Currie & Hugh Currie ~~~ Item 3. I direct my Executors to sell my negroes Sandy, William, Martha & child, Beccy & child, Dilcy & my girl Lucy now in the possession of Allen Petty, at private sale upon a credit of six months taking bond & good security & out of the proceeds I give & bequeath one third part to my daughter Polly Clark, one third part to the Children of my daughter Edith Reeves deceased and one third part to the Children of my son William Currie, the said negroes to be allowed to choose their own masters provided a fair price is offered by the persons so chosen ~~~ Item 4 The rest & residue of my property & effects not disposed of by this will I direct to be sold upon a credit of six months & the proceeds to be applied [Will Book Volume F, page 492] first to the payment of my Just debts & the remainder to be divided in the same manner as directed in the third Item of this will Item 5. I Constitute & appoint my friends Joseph Latta and John Latta Executors of this my last will & testament ~~ Given under my hand & seal this 10th day of October 1849 his Signed, sealed, published & declared Hugh (X) Currie (seal) in the presence of J. Allison mark Geo. Laws Orange County Court May Term 1851 The execution of the foregoing last will & testament of Hugh Currie decd. [x-out] is duly proved in open Court by the oaths of J Allison & George Laws the subscribing witnesses thereto & ordered to be recorded ~~ At the same time Joseph Latta & John Latta the executors therein named renounced their right to qualify as executors of said will ~~ Whereupon administration was granted to Henry McDaniel who entered into bond in the sum of $6000 with James C. Turrentine & Geo. Laws his surities Test J Allison, C.C.C. By E. G. Gray D.C. [Will Book Volume F, page 492] Orange County Court May Term 1851 The execution of the foregoing last will & testament of Hugh Currie dec. ["is granted" x-out] is duly proved in open Court by the oaths of J Allison & George Laws the subscribing witnesses thereto & ordered to be recorded - At the same time Joseph Latta & John Latta the executors therein named renounced their right to qualify as executors of said will -- Whereupon administration, with the will annexed, on the ["said" x-out] estate of of[sic] the said Hugh Currie decd. was granted to Henry McDaniel who entered into bond in the sum of $6000 with James C. Turrentine & Geo. Laws his sureties Test ---- J. Allison C.C.C. By E. G. Gray D.C. Additional Comments: Will Book Volume F, pages 491-492 Recorded May 1851 Estate papers comprise 250 images and are found in a folder labeled "Currie, Hugh (1851)". The will was contested by Allen Petty asserting that the testator Hugh Currie was non compos mentis at the time of its writing. He and Thomas Brewer filed motions against each other, etc. Additional legalities were documented when the William didn't return grandchildren mentioned in Item 2 inherited. Hugh Currie the grandson submitted a petition to divide the land in 1853 Henry McDaniel the administrator was named plaintiff against Allen Petty in another complaint. Note 1: These last few lines are only guesses. These were written to small for clear legibility. Note 2: It is unclear why this particular note or "Witness" is within this set of estate papers. Testator Hugh Curried died in April 1851 Be careful to not confuse Edith (Currie) O'Daniel and Sally (Currie) McDaniel William Currie, the testator's son was William N. Currie and did not return to NC Grandchild Elizabeth Currie married John M. Smith, Grandchild Mary Currie "died unmarried in Bradley County, Tennessee sometime during the year 1852 Grandchild Edith Currie married Meredith O'Daniel Grandchild George M. Reeves, son of Edy Reeves sold his share of the estate to Henry McDaniel for $50 on 13 Sep 1852 [Estate Papers Account 01] August 28th 1855 The amount of the Estate of Hugh Currie Decd. that has came in to my hands, H. McDaniel adminst with the will amount The money that was on hand 16.00 money Paid him 8.00 1 hide[?] Bill on John N. Kirln 1.80 the among of the sale Books 491.29 1/4 the higher[hire] of negroes 33.62 the amount of the sale of the Negroes Bill Baught 700... Rebea Do " 700... Sandy Do " 500... Delsay Do " 400... interest on hand 73... no interest on mony after it came to my hands - _________ the amount came into my hands $29.23.71 1/4 [rest of page not included] [Estate Papers Affidavit 03] Washington City Janr. 27th 1851 Being called on , to bear testimony on behalf of Hugh Currie, in a collateral issue, arising out of an attachment at the instance of Thomas Brewer vs Alley Petty in the Court of Pleas & Quarter Sessions for Orange County, I state - that during the week[?], of the Superior Court, of Orange County, at September term 1849, I was employed, by Hugh Currie, to cause an order, of the County Court appoint a Guardian for him, on the ground, that he was non compos mentis to be rescinded - Mr Allen Petty was allege to have been, the mover of the proceeding in the County Court, to obtain the order in question and Mr Thomas Brewer, who was verily[?] connected with him, by marriage, and been appointed the Guardian of Mr Currie - The old gentleman Mr C. desired to set aside the whole proceeding on [Estate Papers Affidavit 04] on the ground of surfrige[?], and its ex parte nature; and if this should fail, he wished some other person appointed Guardian - The subject was moved[?] in Court upon affidavits, I think on Monday of the term, and adjournment over untill the next day - In the mean time it was agreed that Mr Brewer should relinquish the Guardianship under the order aforesaid, and have his bond cancelled. But that the verdict of the Jury finding the incapacity of Mr Currie should remain - This agreement partially reconciled the parties, but Mr Currie had lost confidence in Mr Petty, and evinced great anxiety lest the latter should attempt to claim two negro slaves, which he Mr Currie had then in possession - He alleged, that these slaves, had been received by Petty in Tennessee several years before, as the property of him Currie. That he had sent Petty to that state with a power of attorney to [Estate Papers Affidavit 05] [to] settle some business, I don't recollect what that in the settlement, the negroes were taken in payment of a demand due to him Currie - but that the Bills of Sale were taken by Petty in his own name - That Petty did not pay or pretend to have paid any thing of his own, for the negroes, but on the contrary he brought them to him, and delivered them up, on arriving from Tennessee as his Curries property - That he had had possession of them as his own, ever after ["for several" x-out] ["years" x-out], perhaps seven or eight years without any dispute of his title by Petty or any one else - But he had understood & feared, that Petty would attempt to set up title in him- self under the Bills of Sale aforesaid - And he was anxious that I should take steps for his security against such an attempt - And I promised to institute a suit in Equity to compel Petty to make title. On the Saturday evening of the Court, after the truce between the parties, as above stated I met Mr Petty near Mr Mickles store house [Estate Papers Affidavit 06] store house, and told him, I was glad he & Mr Currie had settled their difference - it was an unpleasant family feud - He expressed[?] his satisfaction, and said he had heard that I was about to file a Bill against him about the two negroes, brought from Tennessee as above stated - I replied in the affirmative - He said it was unnecessary. That I might say to the "old man" that he would give him up the Bills of Sale whenever he wanted them or words to that effect - That he did not claim the negroes I replied, that I was pleased to hear it, and would not bring a suit - Five or six days afterwards, I heard that Petty had secretly left home[?] taking away a negro woman & children, That Mr ["Brewer" x-out] Currie had put into his possession some years before, and with Mr C. Laws Jr I issued a writ against him for these latter negroes - I am not aware that I have knowledge of any other fact touching the matter in issue between these [Estate Papers Affidavit 07] parties - The above is true to the best of my recollection & belief Signed Will. A. Graham I do not remember that I heard the names of the two negroes received from Tennessee as above stated - but Mr Petty & Mr Currie spoke as if there was no question about identity W. A. G [Estate Papers Notice 09] Henry McDaniel admr. of Hugh Currie deceased Take notice that unless you pro= duce on the trial of the suit of Thomas Brew= er again you now pending in Orange Superior Court the Bill of Sale to Allen Petty for the negro girl Martha which was in the possession of said ["Currie" x-out] Hugh Currie Oaral[Oral?] evidence will be given of its Contents Augt. 27th 1851 Thomas Brewer G. W. Norwood his atty. [Estate Papers Deposition 12] State of Tennessee } The 24th day of February 1852 Benton County } We have on this day proceeded to Take the deposition of James M. Reeves Dr John Brown & John W. Hill witnesses for the defendant all of Lawful age, at the Post Office in the Town of Camden Benton Cty Tennessee In obedience to a commission herewith enclosed (neither of the parties present) to be read as evidence in a suit now pending in the Superior County of Law at Hillsboro in Orange County North Carolina --- Wherein Henry McDaniel Admr. &c is Plaintiff and Thomas Brewer is defendant the said witnesses after being sworn on the hold evangelist to speak the truth the whole truth and nothing but the truth concerning the matters in dispute between the said parties deposes as follows James M. Reeves being first sworn Question 1st by Magistrates Please state what you know relative to the Sale of Land Made by Allen Petty (as agent of Hugh Currie) in Benton County Tennessee also what was paid for the land and what disposition was made by Petty of the proceeds of said Land and all you know about the circumstances connected with the case Ansr. I purchased a certain tract or parcel of land in Benton County Tennessee of Allen Petty as agent for Hugh = = Currie which I gave him one hundred and Eighty five dollars for, which I paid thirty five dollars in cash and the balance in taking care of an old Negro woman left by the last will and ["of" x-out] Testament of the said Curries Sister Margaret for him the said Hugh Currie to take care of during her life time he the the said Petty got fifty dollars of Wyly Bird for said Curries land above spoken of["f" erased] Previous to the time of his selling the said land to me and employing me to take care of the above named[sic] Negro woman, and furthermore that the last conversation I had with Petty concerning the matter he stated to me that he had to borrow Twenty dollars of Hugh Currie to bear his expenses to Tennessee [Estate Papers Deposition 13] He also said to me that Hugh Currie told him when he collected the monies on said Lands belonging to Currie that he Currie - authorized him Petty to Buy two or three young Negroes with the money for which he Petty wrote to me after he got hom that he bought two Negroes for which he paid for one of them Three hundred and fifty dollars and for the other Three hundred and fifty one dollars and since which time he Petty told me in Person about the same above stated and further this deponent sayeth not James M. Reeves Dr. John Brown being next sworn deposes as follows Question 1st by Magistrates Please State what you know relative to the sale of land made by (Allen Petty as agent of Hugh Currie) in Benton County Tennessee also how much as paid for the land and all you know about the matter connected with the case Ansr. In March 1840 Allen Petty as agent of Hugh Currie sold to me a tract of land in Benton County Tennessee for which I executed my Note for Twelve hundred dollars Twelve month after the date and in the spring of 1841 the said Petty returned to Tennessee and I was not ready to pay the note off, and we made the amount in notes so as to bring them under the Jurisdiction of a Justice of the Peace and I confessed Judgement[sic] on said notes and in the spring of 1842 he returned again and I paid him the said Judgements off with Interest at six per cent And further this deponent sayeth not John Brown John W. Hill being next Sworn deposes as follows Question 1st by Magistrates Please State what you know relative to the sale of land made by (Allen Petty as agent of Hugh Currie) [Estate Papers Deposition 14] In Benton County Tennessee also state how much was paid for the land and all you know about the circumstances connected with case Ansr. Sume[sic] time in the Spring of 1840 I purchased of Allen Petty as agent of Hugh Currie from the State of North Carolina who came for the purpose of selling a tract of Land in Benton County Tn and a ["mongst" x-out] mongst others I paid him three Hundred Dollars for the Land I purchased of Mr Petty and he Mr Petty also stated that he was requested By Hugh Currie to Bring him one or two young Negroes out of the proceeds of the Land And further this deponent sayeth not J. W. Hill we hereby certify that the foregoing Depositions is all in our own hand writing Except Jon W. Hills answer, which is in his own hand writing that we are in no way Related to either of the Parties that the same was taken before us on the day at the place and as stated in the above caption and it has not been out of our possession or in any wise altered added to or changed since it was signed by the said witnesses This 24th day of February 1852 { J. T. Florence (seal) James M Reese 1 day 32 miles { J. B. Williams (seal) Dr John Brown 1 day 28 miles { Justices of the Peace for John W. Hill 1 day 26 miles { Benton County Tennessee I pd fee $3.00 { { [Estate Papers Legal Proceeding 15] North Carolina Be it remembered that at a Court of Pleas and Quarter Sessions begun & held for the County of Orange at the Court House in Hillsborough on the fourth Monday of November A.D. 1850 Present their worships John U. Kirkland William Lips= comb, John W Carr & Dale Parrish Esgns holding said Court The Sheriff of said County returned into Court an original attachment in the words & figures following to wit State of North Carolina Orange County Thomas Brewer maketh oath Allen Petty is justly indebted to him in the amount of $463:95 with interest thereon and that the said Petty hath removed out of the county so that the ordinary process of law cannot be served on him Thomas Brewer Sworn to before me this 18th Oct. 1850 John U Kirkland J. P State of North Carolina Orange County Know all men by these presents that we Thomas Brewer and William McCauley are held & firmly bound unto Allen Petty in the sum of nine hundred twenty seven dollars ninety seven cents to be paid to the said Allen Petty his heirs Executors Administrators or assigns to which payment - well & truly to be made we bind ourselves, our heirs, Executors and Administrators, jointly & severly[severally], firmly by these presents - sealed with our seals & dated this 18th day of October 1850 The Condition of the above obligation is such, that whereas the above bounden Thomas Brewer hath prayed an attachment, at the suit of himself ["for the sum of" x-out] ["$463.95" x-out] against the Estate of Allen Petty for the sum of $463.95 and hath obtained the same returnable to November Term next of Orange County Court -- Now if the said Thomas Brewer do[sic] prosecute the said suit with effect, or in case he fail thereon[?], shall well & truly pay unto the said Allen Petty all such costs and dama[ges] [Estate Papers Legal Proceeding 16] as shall be awarded and recovered against the said Thomas Brewer, his heirs, Executors or administrators, in any suit or suits, which may hereafter be brought for wrongfully issuing out - the said attachment; then the above obligation to be void, otherwise to remain in full force & virtue Signed sealed & delivered in Thomas Brewer (seal) the presence of John U Kirkland, JP William McCauley (seal) State of North Carolina To the Sheriff of Orange County Greeting Whereas Thomas Brewer hath complained, on oath to John U. Kirkland on of the Justices of the County aforesaid, that Allen Petty is Justly indebted to him to the amount of $463.95 with interest thereon and oath having been also made that the said Allen Petty hath removed out of your County so that the ordinary process of law cannot be served on him and the said Thomas Brewer having given bond and security according to the act of the General Assembly in such case made & provided: We therefore command you that you attach the estate of the said Allen Petty if to be found in your County, or so much thereof, repleviable on security, as shall be of value suffi= cient to satisfy the said debt and costs, according to the Complaint; and such estate so attached, in your hands to secure, or so to provide that the same may be liable to further proceeding thereupon, to be had at the County Court of Orange County to be held at the Court House in Hillsborough on the 4th Monday of November Next - so as to compel the said Allen Petty to appear and answer the above complaint of the said Thomas Brewer - When & where you shall make Known how you shall have executed this writ. Witness John U Kirkland esquire, one of the Justices of this said County, at Orange the 18th day of October 1850 John U Kirkland J.P (seal) [Estate Papers Legal Proceeding 17] On the foregoing attachment were the following indorsements[sic], to wit. "To hand 18th October 1850 J. C.T. Shff " "Levied, see levy endorsed hereon & appearance bond filed - J.C. Turrentine Shff By William McCauley D.Shff" "19 October 1850 There levied this attachment on a negro woman named Martha & her children called Eliza as the property of Allen Petty - James C. Turrentine Shff. By William McCauley DShff." --- Accompanying the said attachment - was the appearance bond in the words & figures following (to wit) State of North Carolina Orange County Know all men by these presents that we Hugh Currie & Hugh C. Reeves Mary Clark all of the County & State aforesaid are held and firmly bound unto James C Turrentine Sheriff &c in the sum of nine hundred and twenty seven 90/100 dollars to which payment will & truly to be made, we bind ourselves our heirs executors and administrators, jointly & severally, firmly by these presents. Sealing with our seals and dated this 19th day of October AD 1851 The condition of the above obligation is such, that whereas James Turrentine Sheriff &c has levied an attachment in favor of Thomas Brewer vs Allen Petty defendant, on the following property, viz: a negro woman named Martha & her child, Eliza now if the said Hugh Currie shall deliver up the said property to the said James C Turrentine Sheriff &c at the Court House in Hillsborough on the 25th day of November 1850 by or before the hour of 12 o'clock then the above obligation to be void otherwise to remain in full force & virtue his Test Hugh (X) Currie (seal) H. C. McCauley mark Hughes C. Reeves (seal) his Mary (X) Clark (seal) mark The foregoing attachment - was them entered on the appearance Docket And it was thereupon ordered that publication be made in the Hillsborough Recorder for six weeks for the Defendant - Allen Petty to appear [???] [Estate Papers Legal Proceeding 18] "In this case Hugh Currie Comes into Court & enters an interpleader & denies that the Defendant Petty has any claim upon the property levied on" And by his attorney H K Nash, Esqr. files his Petition in the following words & figures to wit "State of North Carolina } Court of Pleas & Quarter Sessions Orange County } November Term 1850 Thomas Brewer } vs } Allen Petty } Or: Attachment To the worshipful the Justices of said Court the Petition of Hugh Currie humbly complaining Showeth to your worships that some time in October last Thomas Brewer the Plaintiff in this case, issued{?] out an attachment against one Allen Petty who is a non resident, - and levied said attachment upon a negro slave, named Martha in the possession of your Petitioner, and Claims her as the property of said Allen Petty & as such subject to the satisfaction of his claim against said Petty -- Now may it please your worships, your Petitioner humbly showeth that said negro Martha is not & never has been the property of the said Petty, nor has said Petty put up any claim to said negro -- so far from this; the said Petty purchased said negro in the state of Tennessee for you Petitioner, and with funds of your Petitioner, & brought said negro to this state & surrendered her to your Petitioner as his property, and she has ever since remained in this possession, and that said possession has Continued peacable & undisturbed for more than three years -- He therefore prays your worships to order a Jury to be impannelled[sic] to try the right of your Petitioner to said negro -- And as in duty bound your Petitioner will soon pray &c H.K. Nash for Ptff" On said petition is the following endorsement [Estate Papers Legal Proceeding 19] Viz: "Service accepted and all Errors Waived Thomas Brwer by J.W.N The said Hugh Currie also file his bond to prosecute in the following words & figures viz: "State of North Carolina We the undersigned do hereby acknowledge ourselves indebted to Thomas Brewer in the sum of one hundred pounds, for the faithful prosecution of a suit now pending in the name of Thomas Brewer against Allen Petty in the County Court of Orange County in an attachment levied in the name of said Thomas Brewer upon a negro girl named Martha now in possession of Hugh Currie as the property of the said Allen Petty but which said negro is clamied by said Currie and in case of failure in the said suit that he the said Hugh Currie do pay & satisfy to the said Thomas Brewer all the costs & charges that may accrue thereon by reason of a failure to prosecute his said claim to said negro Martha Witness our hands & seal this 28th day of November AD 1850 James A. Turner his Hugh (X) Mark (seal) mark ["Hugh C Reeves (seal)" x-out] Thomas Faucett (seal) Whereupon because the parties were not ready &c the cause was continue till February Term 1851 -- When came the parties by their attornies and it appearing to the satisfaction of the Court that publication had been made for the Defdt Petty to appear & plead to, or replevy according to the order of said court at its last Term "Judgment, by the Court, On motion, by default final against the Defendant Petty for $463:95 with interest till paid" is granted The Case Removed by Consent to the Superior [Estate Papers Legal Proceeding 19a] Court of Orange County I Joseph Allison Clerk of the Court of Pleas & Quarter Sessions of Orange County hereby certify that the foregoing contains a true & correct transcript of the Record of the proceedings in the case of Thomas Brewer against Allen Petty in said Court In testimony whereof I have hereunto set my hand at office in Hillsborough This 8th day of May AD 1851 J. Allison CCC ["Bill of Costs" omitted] [Estate Papers Writ 20] [Henry McDaniel brought suit and had Allen Petty arrested, dated 26th August 1851, trial set for 2nd Monday in September next] Henry McDaniel Admr. with the will annexed of High Currie decd. of a play that he [Petty] render unto him [McDaniel] a certain negro Slave called Lucy of the value of Six Hundred Dollars which from him he detains to his damage one hundred Dollars [Estate Papers Petition for Partition of Land 24] Sally Currie et al } Superior Court of Law vs } March Term 1858 Hugh Currie et al } The parties in this case have agreed to submit and do hereby submit the same to the judgment of the court upon the following case agreed - This is a petition for partition - the land in controversy belonged to old Hugh Currie and he made his will about the year 1851 and disposed of the land as follows to wit "I give and devise to my son William Currie if he "be living and returns to the County of Orange, the "plantation on which I now live containing about 224 "acres, but if my son William Currie is dead or does "not return to the County of Orange, I give and devise "the said Tract of land to my grandchildren Mary "Currie, Betsey Currie, Edith Currie, Sally Currie and "Hugh Currie" - The said Betsey is a petitioner and after old Hugh Currie's death married the petitioner John Smith and Mary Currie married and died after old Hugh Currie's death and left but one child surviving the defendant Eliza. Said Edith after the death of old Hugh Currie married one Meredith O'Daniel and they by deed and privy examination sold their share to the defendant Hugh the said Sally is your petitioner and the said Hugh a defendant - The said William Currie and left this state before old Hugh Currie's death and has never returned to the county of Orange but has been heard from in the state of Tennessee during the last 6 months The above-named parties were in possession of the land when the petition was filed - Since then the defendant Hugh has driven all of and remain in the possession by himself - The plaintiffs contend that they and defendants are tenants in common of said land under the will of old Hugh Currie [Estate Papers Petition for Partition of Land 25] and that a proper construction of said clause the said William Currie must have returned within a reasonable time to entitle him at all and that at all events the plaintiffs and defendants are tenants in common of a defeasible estate until his return whereas the defendant Hugh Currie denies that by a proper construction of said clause they are tenants in common because that they are not tenants in common until the said William Currie shall not return to Orange County and until that be shown or until his death - If the Court shall be of opinion that these parties are tenants whereupon the judgment to be entered{?] according to desire[?] of Petitioners statement that petition be dismissed[Note 1] W. H. Bailey for Petitioners Henry K. Nash for Defts [Estate Papers - Petition Contesting Will 28] State of North Carolina } County Court Orange County } August Term 1851 To the Worshipful the Justices of said Court: The petition of Allen Petty and Sarah C. Petty his wife against Henry McDaniel administrator with the will annexed of High Currie deceased, William Cur= rie, Mary Currie, Betsy Currie Hugh Currie Edith Currie Sally Currie, David Reeves, Hugh Reeves, John Reeves, James Reeves Jay Hastings & wife Mary, Andrew Borland & wife Lydia Henry McDaniel & wife Sally & Edith Reeves[?] Humbly shewth unto your worships that Hugh Currie late of Orange County departed this life in April last leaving an instrument purporting to be a last will and testament possessing in appearance all the formal writing of a will by our law, to pass both real and personal estate, and the same was ad= mitted to probate in common form at the May Term 1851 of this Court, at which time Joseph Latta and John Latta who were named executors there= in renounced their right, of record, to act as such and Henry McDaniel was therefore duly appoin= ted by the court, and qualified as administrator of said Currie with the will annexed. Your petitioners show that the said Sarah Petty is a daughter of the said Hugh Currie and as such is one of his next of kin and heirs at law, and that he died possess= ed of a number of slaves and other personal pro= perty of considerable value, and seized of several hundred acres of land. They further expect to prove that at the time of signing the said paper that he was not competent for want of mental capacity [Estate Papers - Petition Contesting Will 29] to ["execute said" x-out] make a will,, and even if he was[sic] capable of doing it, that he executed said paper under the undue influence of some of the ["participate" x-out] persons with[?] interested therein, which they were ena= bled to exercise over him in consequence of the extremely feeble state of both his body & mind, he not having power to resist the means xxx xxxxxxx xx them from that unlawful xxxxxxxx Your petitioners shew that at the time of Mr. Curries death and of the said probate, that they were residing in Hem[p]sted County in the state of Arkansas, and could not have been here in time after hearing of Mr. Curries death, for May Court and had no notice or summons to witness the proceedings thereon. Your petitioners therefore pray your worships that said probate may be set aside, and that said paper writing may again be propounded[?] for pro= bate per testes in regular form, & that such others and further relief may be granted to them as may seem proper to your worships in the process[?], and that the said administrator & all other persons necessary may according to the rules of practice in this Court be made parties to this petition And as in duty bound they will comply &c J. W. Norwood sol Allen Petty maketh oath that the matters of fact mentioned in this petition as of his own knowledge are true & the xxxx xxxxx to be true Sworn in open Allen Petty Court J. Allison CCC By E G Grady DC [Estate Papers - Witness? 34] [Note 2] Erasmus and Kitty - The negroes with Col. Leach Anderson, John, Hulda his wife Edmund & Maria Four of them at home - One - Edmond at Danville Va. This is to Witness that is M W. Leach does not claim any thing from Dr. Cain on the Trast Estate so that said Cain will not cone on old place[?] to indemnify him We agree to relinquish our claim & right to the negros said Leach has had in possession of the Cain Estate as his wifes share of negroes -- & said Leach & wife agree to relinquish their claim & right of all the Cain negroes now at the old place to Palter[?] & Mary as their shares of Cain negroes -- Further We Patter & Mary Mangum agree to give our note to M W. Leach for two thirds of the Amt he advanced on his wifes debts before marriage - Dec 11 1863 Kitty, Ras - Anderson, ["wife" x-out] John & Wife Huldy - Edmund - Mamie[?] [Estate Papers - Bill of Complaint 35] North Carolina } Orange County } In Equity March Term 1856 TO the Hon the Judge of the Court of Equity for the County of Orange, The Bill of Complaint of Henry McDaniel Admr. with Will Annexed of Hugh Currie decd. & in right of his wife Sarah McDan =iel against Polly Clark, Hugh Currie, John M. SMith & wife Betsey, Edith Currie, Sarah Currie, William D. Reeves, Hugh C. Reeves John Reeves, George M Reeves James Hastings & wife Mary, An- =drew J. Bourland & wife Lydia Henry J. Thompson & wife Edith, the heirs of Mary Currie, James M. Reeves & Allen Petty Humbly Complaining sheweth to yr. Honor Your Orator & Oratrix of the County of range : that at the May Term of Orange Court of Pleas & Quarter Sessions A.D. 1851 your Orator was by said Court appointed Admr. with the Will annexed of Hugh Currie deceased late of the same County; that among the property your Orator found on the premises of his Testator & which in virtue of his said appointment he proceeded to take possession were four slaves, towit, one of the name of Martha & three children named ___________ ___________ & _________________; that as yr. Orator is informed & believe the woman Martha, who is the mother of the aforesaid children, had from a very tender age resided on the farm of his Testator Currie & had been claimed [Estate Papers - Bill of Complaint 36] used & employed as his property during all the time they were on the farm; that some short time prior to the death of his Testator on Allen Petty, named among the Defendants to this Bill, & who was a son in law of the Testator, left the State in a sudden & unexpected manner & as it was afterwards discovered very deeply indebted; that soon after the departure of said Petty, attachment were taken out against him as an abscon- =ding debtor; that among said attachment were two at the instance of Charles W. Johnston & Thomas Brewer which were levied on the slaves named herein & then in possession of the Testator Hugh Currie but which the Plaintiff in said attachments claimed to be the property of said Allen Petty; said slaves were thereupon replevied by the Testator Currie & upon return of the attachments to Orange Court, ["the" x-out] & before any trial was had the said Currie departed this life, lea- =ving a Will duly executed to pass both his real & personal estate of which two Exers. were named therein; but who renoun =ced their right as such upon the probate of said will & Whereupon yr. Orator at the Term of Orange County Court heretofore mentioned was a[- =pointed Admr. with said Will an- nexed; that the proper issues to try the title to said slaves were made up under the directions of the Court [erasure] [erasure]parties transferred to the Superior Court of Orange; Upon the trial in which Curt it appeared that the slaves ["had" erased] had been purchased in the State of Tennessee by Allen Petty & the title Deed taken in [Estate Papers - Bill of Complaint 37] his name, but that in fact the said Petty had purchased the slave with the money of the aforesaid Hugh Currie & by his di- =rection & as his agent; that on the return of Petty to No. Carolina he delivered the slave[sic] to the true owner Currie & surrendered to him also the title Deeds or Bills of Sale which he had taken in his own name as herein before stated supposing as said Petty declared he did that such delivery or surrender of the Bills of Sale transferred the title to the slave to the said Currie; it further appeared on the trial aforesaid that no other Deed was ever made to said slaves by said Petty & that the Bills of Sale made as aforesaid remained in the possession of Currie up to the time of his death & that Petty, upon being informed some time after he left the State & while he was here on a visit, that his mere surrender & de- =livery of the Deed to Currie did not transfer the title, offered then to make the proper legal assurance declaring that said slave was the property of his father in law Currie & bought with his money, but it was held by the Court ( as yr. Orator is informed & believes), that the le- =gal title having by Bills of Sale been vested in Petty & no subsequent Deed make by him to Currie appearing to have divested it, that he title was still in Petty & that therefore the said slaves were subject in the hands of yr. Orator to [Estate Papers - Bill of Complaint 38] to the levies made on them by the Pltfs in the attachments & in obedience to these instructions the Jury returned verdicts in their favour; The amount of the said claims of Johnston & Brewer together with the costs of the whole proceedings was ($1050) One thousand & fifty Dollars & the Pltfs has executions therefor, upon the seeing[?] out of which, it was agreed on the part of this Sheriff, & with consent of all interested, that the sale might be made by or. Orator & accordingly on the 10th day of October A.D. 1853 yr. Orator sold at public outcry the said slaves, at the Court House door in the Town of Hillsboro when they brought the sum of ($1678) One thousand six hundred & Seventy eight doll =ars; whereupon it was agreed that the excess after paying off said attachment creditors with costs, say $628 should remain in the hands of yr. Orator or be loaned out by him to away the action of any claimants who might deem themselves entitled there =to; that accordingly yr. Orator acting under the advise of Counsel & with the consent of the parties interested forthwith loaned out the said sum taking good Bonds with security for the forthcoming of the said amount & interest whenever he should be required to account therefor to the ""rightful owner"" Further complaining yr. Orator shews to yr. Honor that the legatees of his Testator & who, with the exception of the said Petty, constitute the sole claimants of the said sum in yr. Orators hands have [Estate Papers - Bill of Complaint 41] [Note images on FamilySearch out of order] repeatedly demanded the same of him alledging[sic] that they are the owners thereof under & by virtue of the Will of the aforesaid Hugh Currie, & have given notice to yr. Orator not to pay over the same to any other person; And the said Petty having been declared in the case trial in Orange Superior Court as aforesaid, the legal owner of the slaves from whose sale the fund in yr. Orator's hands arises, he is advised that he cannot with safety pay to the either the Legatees or to Petty except under the direction of this Hon; Court. In consideration whereof & for as much as yr. Orator is remediless in the premises without the assistance of this Hon: Court And to this end that the said Defendants may interplead & settle & adjust their respective claims so that your Orator may under the decree of this Hon. Court pay over the fund in his hand to whomsoever may be rightfully entitled thereto My it please yr. Honot to grant to yr. Orator the xxxx xxxx of Spa. to be issued to Defendants to appear be at the next term of this HonCourt to be held on the 2d Monday of Septr. next in Hillsboro & then & there to answer &c and to grant to him such other & further relief &c Waddell Norwood Solrs. [Estate Papers - Bill of Complaint 42] We and each of us promise to pay the Defts in this case all such costs & Damaged as may accrue on account of the written suit not being prosecuted with effect Given under our hands & seals the 3rd day of July 1856 H. McDaniel (seal) Geo. Laws (seal) [Estate Papers - Bill of Complaint 40] [out of sequence] Further complinain, your Orator shews unto your Honor that among other thing the said Will of Hugh Currie contain the following clauses, viz "Item 3. I direct my executors to sell my Negroes Sandy, William, Martha & child, Beccy & Child, Dilly and my girl Lucy now in possession of Allen Petty at private sale upon a credit of six months taking bond & good security, and out of the proceeds, I give and bequeath one third part to my daughter Polly Clark, one third part to the children of my daughter Edith Reeves deceased, and one and one[sic] third part to the children of my son William Currie, the said negroes to be allowed to choose their own masters, provi= ded a fair price is offered by the persons so chosen. "Item 4. The rest and residue of my pro= perty and effects not disposed of by this will I direct to be sold upon a credit of six months and the proceeds to be ap- plied first to the payment of my just debts & the remainder to be divided in the same manner as directed by[in] the third item in[sic] of this will" And that Martha here mentioned is the same negro who was sold two of her three children having been born after the execution of the will which was on the 10 Sept 1849 And that the defendants Polly Clark [Estate Papers - Bill of Complaint 39] [out of sequence] James M. Reeves William D. Reeves, Hugh C. Reeves, John Reeves, George M Reeves, Mary married to James Hastings, Lydia married to Andrew J. Borland Edith married to Henry J. Thompson, and the plaintiff Sarah McDaniel who are all the children of Edith Reeves deceased, and the defendants Hugh Currie, Betsy the wife of John M. Smith, Edith Currie and Sarah Currie heirs of Mary Currie, are the persons described in the 3rd item of said will and they are the legatees who under the 3 & 4th items of the will are alone enti= tled to the sum now in the hands of the plaintiff Henry McDaniel under the will of testator Hugh Currie A copy of said will accompanies this bill as part thereof.