Pasquotank County NcArchives Court.....White - Estate, Benjamin 1836 ************************************************ 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: Shelah Bundy Portoukalian checki@frontier.com July 3, 2010, 10:15 pm Source: Nc Archives Written: 1836 Transcriptions of Documents found at North Carolina State Archives in the Loose Estate Records for Benjamin White Estate 1836 - Pasquotank County, NC (transcribed by Shelah Portoukalian, July 2005) This is to certify that John Thompson did at December Term of County Court for the Court of Pasquotank 1833 qualify as Administrator of the Estate of Benjamin White, Dec'd & Entered into bond in the sum of Five Hundred Dollars by giving assurety Jno L. Wood and Davis Whitehurst. January 21, 1833. (signed) James W. Hinton, Clk. In obedience to the (illegible word) order of the Court to us described, we the undersigned went together for the purpose selling off and allotting to Mary Ann White, widow of Benjamin White dec'd one years support out of the Crop, Stock and provisions of the Estate of her dec'd husband - and did set off and allot to the widow aforesaid the following articles out of the Estate aforesaid to wit - 45.35 All the new Pork Lard & Cracklins now on hands 13.10 200 lbs. Bacon 16.00 25 Bbls. Corn 50.00 1 Cow first choice 8.00 1 Bed & furniture (statue) All the ? Flax 2.00 6 lbs. wool 1.50 Sugar & Coffee 10.00 12 Bus wheat 12.00 1500 herrings 4.50 4 Bus salt 4.33 10 Gal Molassas 3.30 1 Stack fodder 3.00 Linen wheel (stat) ? 2 ? S. Potatoes plants .80 1 Bus Irish Potatoes 1.00 3 Gal vinegar .75 Total $ 127.28 _____ $45.55 (signed) John B. Skinner Jr. (signed) Seth Morgan (signed) Nathan Morgan State of North Carolina Court of Pleas and Quarter Sessions Pasquotank County September Term 1838 To the worshipful the Justices presiding. The petition of Albertson White of lawful age and of Nathan, Daniel, Seth, Mariam, Penelope, Amy & Milley White under the age of 21 years by Leney White their mother and (illegible word) friend. Respectfully (word faded) to your worships, that their father Benjamin White died intestate seized & possessed of a certain tract of land, situate in the said County, adjoining the lands of Thomas Miller, Thomas White & others containing one hundred & eighty acres more or less which said land descended to your petitioners on the death of their said father - Your Petitioners further show to your worships that there are several Negroes belonging to the Estate of their said father as yet undivided. They therefore pray your worships to appoint five or more commissioners to divide unto your petitioners by proper meter & bounds their several shares in the said land & (illegible) to divide the Negroes among the heirs of the said Benjamin as the law directs, & that the said commissioners make a due report of their proceedings in the matter to this worshipful court and your petitioners as in duty bound. Signed Albertson White A true copy Test. Stephen Charles Clk P.C.C. Pasquotank County Court of September Term 1838 Pleas and Quarter Sessions To the Sheriff of Pasquotank County, Greeting: You are hereby commanded to summons George Smithson, Rix Perry, Doctrine Perry Esqre., John Winslow, Thomas Miller & Israel Perry who are hereby appointed commissioners to divide & appropriate the lands & Negroes mentioned in the within petition - and duly return under their hands & (illegible) to make to this court - Witness Stephen Charles Clerk of the said Court at Elizabeth City the 4 Monday of September AD 1838 - Stephen Charles Clk P.C.C. Issued 11 September 1838 Penelope White orphan of Benjamin In account with Daniel White the Guardian By wards portion of judgment vs. Albertson White Admin of Asenith White dec'd former Guardian at June Term 1845 $190.93 By interest on the same from June 1, 1845 to Sept 1, 1845 $ 37.20 To 1/3 Guad Bond $27.00 " 1/3 costs of (illegible) vs. A. White Admin 1.67 " To 1 trunk 2.50 Cash .50 3.00 " Keeping Negro girl for 1845 14.00 " Pd Judgt to (illegible) 10.40 " Interest on the above charges 4.25 " 5 per cent comm. On R & E 12.87 " Bal. due Penelope White Sept 1, 1848 $228.13 $228.13 Amt Bal Due Sept 1, 1948 $181.67 State use Nathan Morgan Admin of Penelope White dec'd Vs. Petition to a/c Thomas Miller Admin of Dan'l White Jr. dec'd The above case having been refer'd to the undersigned, to state the account begs leave to present the foregoing showing a balance of $181.67 - due the (illegible) Nathan Morgan Admin., on the first of Sept. 1848 - all of which is respectfully submitted - (signed) W.W. Griffin Ref. Aug 26, 1848 STATE OF NORTH CAROLINA To the Sheriff of Pasquotank County, GREETING: You are hereby commanded to summons Thomas Miller, Sr. Administrator of Daniel White dec'd (if to be found in your bailiwick,), so that you have him before the Justices of the Court of Pleas and Quarter Sessions, at the next Court, to be held for the County of Pasquotank, at the Court House in Elizabeth City, on the first Monday in June next, then and there to answer unto the State of North Carolina to the use of Nathan Morgan Administrator of Penelope White dec'd of a plea that he render unto her the sum of Twelve hundred dollars which to his he owes and desains to her damages six pence. Herein fail not, and have you then and there this Writ. Witness William W. Griffin, Clerk of our said Court, at Elizabeth City, the first Monday of March in the 72 year of our Independence, Anno Domini, 1848. Issued the 7 day of June 1848. (signed) W.W. Griffin, Clk. Written down the side: I hereby find myself, heirs, executors and administrators, jointly and severally for the costs of this suit. (signed) G. W. Brooks State of North Carolina In Equity Spring Pasquotank County Term 1849 To the Honorable the Judge of the Superior Court of Equity aforesaid, the petition of Axey and Milisent White infants by their Guardian Joseph White, and of Margaret White infant and child of Nathan White dec'd by her Guardian Jeremiah Wilcox, and Albertson and Israel White infants and children of Henry White & wife Julia, now dec'd by their Guardian Henry White and of Cynthia White of full age devises of Daniel White, dec'd against Martha White, Jane White, Benjamin White and John White infants and children of Albertson White dec'd, humbly complaining respectfully showeth unto your Honor That your petitioners are tenants in common of unequal interest together with the said infants, defendents - Martha, Jane, John and Benjamin, of the following tract or parcel of land lying in the County of Pasquotank and bounded severally as follows the first bounded by the lands formerly of Seth White dec'd, and the lands of his petitioner Milisent of her fathers land and the lands of Axey Morgan, containing nine and ½ (9 ½) acres it being the share and portion of the lands of Benjamin White dec'd Set apart to Penelope White dec'd one of his heirs at law, the other tract bounded by the lands of William T. White. The lands which were of Albertson White dec'd and others containing about Twenty acres (20) it being that portion of the land of Benjamin White dec'd which was set apart to Mary Ann White dec'd as one of his heirs at law. They show your Honor that on the death of the said Mary Ann and Penelope, the two tracts above descended to your petitions and the defendants as their only heirs at law in proportions as follows, to wit one sixth part thereof, the petitioner Axey, one sixth part thereof to the petitioner Milisent, , one sixth part thereof to the petitioner Margaret in right of her dec'd father Nathan, one sixth part thereof to the petitioner Cynthia as devisee of her late husband Daniel White dec'd, one sixth part thereof to the petitioners Albertson and Israel White in right of their mother Julia White, dec'd and the other remaining sixth part thereof to the said defendants Martha, Jane, Benjamin and John White in right of their father Albertson White dec'd. Your petitioners further show your Honor that the tracts of land are so situated and located that a fair rent cannot be obtained from them that for the last several years they have a very small rent and that this rent for them continues to (illegible word) and that the interest of all interested as owners of said land would be much promoted by a sale of both tracts described in this petition. That said tract would sell for (illegible word) value, they further show that the said defendants Martha, Jane, John and Benjamin are infants without a Guardian to protect their interest in this proceeding, To this end therefore that the interests of your petitioners may be promoted and further enable your petitioners to have and obtain a fair division of the lands described in this petition (and as a fair division cannot be had of the same in any other way on account of the quality of land, your petitioners pray your Honor to appoint some suitable and descent person Guardian ad litem of the said defendants Martha, Jane, John & Benjamin White and that you will order a copy of this your petitioners petition to issue to the proper officer to be served on said Guardian by you appointed and a subpoena calling upon him to come into this Honorable Court and defend the rights and interests of the said defendants, Martha, Jane, John and Benjamin, in this proceeding, and further that your Honor will order a sale of the tracts of land mentioned and described in this petition for the reasons and purposes above set forth, and such terms as to your Honor may seem proper and that you will from time to time make such other and further orders and decrees in this procedure as may seem just and proper and as in duty bound your petitioners will ever pray. (signed) G. W. Brooks, AOL For Petitioners Thomas Miller makes oath that he is acquainted with the two tracts of land described in this petition that he believes that the said lands cannot be divided among all the petitions without material injury to some of the said petitioners or defendants. That the said lands would sell for its value if sold on a reasonable credit say one or two years and by a sale of the same and such a credit the interest of all the persons interested in said land would be very much advanced. April 27th 1849 (signed) Thomas Miller Sworn & subscribed Before me (signed) John B. Skinner Jr. Upon the hearing of the foregoing petitions and affidavit it was ordered and decreed that the prayers of the petitioners be granted and that John C. Ehringhaus be appointed Guardian ad litem to Martha White, Jane White, Benjamin White and John White orphans & heirs at law of Albertson White dec'd. State of North Carolina I, William W. Griffin, Clerk of the Court of Pleas and Quarter Sessions held for the County of Pasquotank, do certify that at Sept. Term 1850 of the court aforesaid - Joseph White was reappointed guardian to Axey and Malicent White orphans of Benjamin White and that he accepted the appointment & came into Court and gave his bond in this behalf, in the sum of Two Thousand Dollars with Daniel White and Wilson S. Winslow his sureties, which was in accordance with the order of said Court. In witness whereof I have hereunto affixed the Seal of said Court - at Elizabeth City the 2nd September A.D. 1850. (signed) W.W. Griffin, Clk. Bond $2000 received at Sept Term 1850. Axey White - 1/6 Malisent White - 1/6 Daniel White - 1/6 Nathan White - 1/6 Julia White - 1/6 Albertson Whites children: Martha Jane John Benj White John Wood Guardian John Thompson, Admin Benj White (Illegible) January the 7, 1853 from John C. Ehringhaus, Clerk ?Mster of the Court of Equity, twenty two Dollars& 12 Cents being the share of Martha, Jane & John orphans of Albertson White of the sale of land sold on petition of Margaret, Axey, Milisent, Albertson & Israel White filed at Spring Term 1849. (signed) John L. Wood as Guardian These are to certify that John L. Wood at December Term 1852 was by the County Court appointed Guardian to Martha, James and John White, orphans of Albertson White Dec'd and further qualified as by law directed by entering into bond in the sum of Three thousand Dollars with J. Wilcox and John Thompson (illegible word) Jany 1 1853 Test Jas. W. Hinton Clerk (signed) State of North Carolina Pasquotank County I Wm Newbold Sheriff of said county accompanied by the following commissioners met at the home of Alfred Lane on the 7th of Jany 1853 to wit Rix Perry, Jno H Perry, D R Perry & Benga F. Mullen command by me to divide & allot between the heirs of Benjamin White dec'd the following Negros to wit woman Hagen valued at $600 Boy lam at $150 Frank $500 Allen $300 & girl Victoria $150 who being duly sworn did allot to Alfred Lane & wife Axcey woman Hagen & Boy lam they allot to Nelly White Boy Frank Boy Allen & girl Victoria this the 7th of Jany 1953 given under our lands & seal Signed in present Doctrine R. Perry seal (signed) Of Wm Newbold, Sheriff John H. Perry seal (signed) Rix Perry seal (signed) Benj F. Mullen seal (signed) Decr. Term 1852 Upon the petition of Alfred Land & wife and Melly White infant by her Guardian Joseph White to divide certain negros therein valued. The prayer of the Petitioners was granted and it was ordered that Benja Mullen - D.R. Perry - Rix Perry & John H. Perry be appointed commissioners to make division in said Negroes according to law and make report to the next term of this Court. Test. (illegible word) Jany 7, 1853 J.W. Hinton, Clk. (signed) State of N. Carolina Court of Pleas & Quarter Sessions Pasquotank County March Term 1853 It is ordered by the Court that in answer to the Petition of A. S. Lane & wife Et als to the Court to sell slave Jenny, that the sd. slave be offered at public sale before the Court House door in the Town of Eliz City - on Monday the 26th of April next in credit of six months to the highest bidder & if no bid shall then & there be made then sd. Slave shall be offered to the lowest bidder; and the Court doth appoint Joseph White commissioner to make sd. Sale & make his report to the next Term of the Court - Issued April 1, 1853 Test. James W. Hinton Clk. North Carolina Pasquotank County To the Worshipful the justice of the Court of Pleas & Quarter Sessions of the County aforesaid. In obedience to the (illegible) order to me directed I proceeded to advertise the Slave Jinny to be sold on Monday, the 26th of April before the Court House door in Elizabeth City and pursuant to said advertisement did offer at public sale to the highest bidder said slave Jinny. Where and When Dr. R. Pee(illegible)t was duly declared to be the purchased at the sum of five dollars which was the best & highest bid then and there offered for said slave. The said slave Jinny being present I delivered her to the said purchaser, he having executed his note for the purchase money. All of which is respectfully submitted. Joseph White Commissioner (signed) Note from transcriber: No year included in text, but believed to be 1853 based on previous entry. Cathrine A. White, oph. Of Benajmin. In account with David Morgan, Guardian By amt. bal. due 12/1/185 $73.31 " Interest on the same to Sept 1, 1851 - 3.29 " Land rent for 1850 $5 Int. .20 - 5.20 To This return .20 (illegible) on $8.69 .43 .63 Balance due orphan Sept 1, 1851 $81.17 _________________ $81.80 $81.80 John Thompson, Administrator June 8, 1853 - Received from Wm Charles $65.40 + 3.92 interest to 6/8/1854 Received from W. Morgan $8.40 + .26 interest to 6/8/1854 Received from J.C. Ehringhaus $4.50 + .34 interest to 6/8/1854 Received from J. White $2.67 + .19 interest to 6/8/1854 Received from Jno L. Wood $3.62 ½ + .15 interest to 6/8/1854 July 8, 1853 - Paid C.C. Jackson $14.50 + .79 interest to 6/8/1854 Paid Daniel White $3.50 + .16 interest to 6/8/1854 Paid Wm. F. Martin, Atty $5.00 Paid himself? commission on R & E $5.66 Balance due Estate June 8, 1854 - $89.45 Rec'd May 13, 1854 of Jno. Thompson, Admin. of Benj White dec'd Fifty nine dollars & 84/100 in full of above balance in his hands - of which sum I am entitled to $14.96 being one fourth as the ? of Rix Bundy, who was entitled in right of his wife - and to the other three fourths I am entitled as the Guardian of Martha, Jane & John White and receive the same for ? $43.88 - and in consideration of said sum so paid I discharge the said Thompson as Admin. from further liability - Jon L. Wood as guardian. OBSERVATIONS FROM ESTATE RECORDS OF BENJAMIN WHITE 1836 Axey White becomes wife of Alfred Lane Margaret is called "Milly" (interests are petitioned by her guardian Joseph White) Mary Carolina White (so named in summons to Daniel White, Joseph White and W.W. Griffin dtd May 22, 1854) In Court petition in Pasquotank Court of Pleas and Quarter Sessions, Dec. Term 1852, the following is noted: These petitioners are asking for their portion of the proceeds from the sale of slaves from the Benjamin White estate. 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