Pasquotank County NcArchives Court.....Took, James 1722 ************************************************ 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: Rosie Guthrie n/a September 19, 2014, 12:34 am Source: Colonial Records Written: 1722 Minutes of the North Carolina Governor's Council North Carolina. Council April 04, 1722 - April 05, 1722 Volume 02, Pages 450-457 [Council Journal.] At a council held at Edenton the 4th day of April Anno Domi 1722 Read the Lible of Jame Tooke Scott Thomas Scot Mary Scot Eliza Sarah Icot minors producing by their next friend John Scot, their Father against Thomas Commander & Wm Effingham Exrs of the last will and Testament of James Took Complaining Sheweth That whereas the said James Took late of Pasquotank on or about the month of March 1720 dyed having made a will and appointing the said Thomas Commander and William Effingham Exectrs who accepting thereof Caused the said will to be proved and obtained Letters Testamentory thereon and your Complaints say that the said James Took in and by the said last will and Testamt inter alia did give and Bequeath divers legacys to your Complts particularly to the sd James Tooke Scot Two Negroes between sixteen years of Age and Twenty and one young horse about ffive years old and to the said Thomas Scott Two Negroes of about sixteen and Twenty years of age and also a young horse of about Five years of age and to the said Mary Scott Eliza Scott and Sarah Scott each of them a young Negro about sixteen years old as your Complts are ready to make appear yet nevertheless the said legacys given as aforsd to your Complaints They the sd Thomas Commander and William Effingham Execrs as aforesaid altho often desired refuse to deliver the Complts pray remidy therein and that the said Thomas Commander and William Effingham the sd Exrs may be compelled to deliver your Complts their several Legacys aforsd and also pay them all such reasonable Costs and Damage by them Expounded and sustained by being forced to this their suit and that your Honrwill be pleased to grant a Citation directed to the sd Thomas Command and William Efferingham Execrs aforsd thereby Commanding them to appear in Council at such time and place as the Govr shall appoint to answer the premises and to abide and stand by such orders decree and sentance as in Council shall be made thereon. And Daniel Richardson Esqr Advocate for the Deft laid before this Board the following protest in these words (Vizt) The protest of Thomas Commander one of the Deft to the pretended Libel of James Took Scott Thomas Scott Mary Scott and Elizabeth Scott and Sarah Scott by John Scott their Father. The sd Defendant by protestation not confessing or acknowledging all or any the matters or things in the said pretended Libell contained to be true in such maner and form as therein are sett forth and Charged against this Deft ffor answer to so much thereof as he is compellable to make saith that the Complainants being minors and thereby not in a capacity to stand in Judgment ought to have had a Curator or Curators assigned them by this Court in such manner and forme as near as can be as the Laws and practice of the Exclesiastical Court prescribes and directs before. they would obtain a Citac'on from the Court otherwise the said Citation is Void and of none Effect and that till such Curator be appointed and he has duly and legally Commenced Suite as Curator or Curators to the Minors agt the Deft he is not any wayes Compellable to pay the Legacys nor indeed ought he so to do but saith he is ready to perform & fullfill the said James Tooks will as farr forth as he is able and be safe in it and when in a Lawfull and regular manner he shall be required and Comanded thereunto all which matters and things this Deft is and will be ready to aver and prove and thereupon this Deft humbly asketh the opinion and Judgment of this Honble Board and prays to be dismist with his reasonable Costs and Charges in this behalf most wrongfully sustained And the matter being heard on both sides It is Ordered by this Board that John Scott the Father with three Minors that are upward of seven years of Age attend this Board at their next sitting and that such Judgement may be made thereon as is just & right. File at: http://files.usgwarchives.net/nc/pasquotank/court/took822nwl.txt This file has been created by a form at http://www.genrecords.net/ncfiles/ File size: 4.6 Kb