Pitt County NcArchives Court.....Ben. Tyson, Allen Tyson & Peter Sugg V. 1823 ************************************************ 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: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 May 10, 2011, 2:15 pm Source: N C Archives Written: 1823 #1372 – ALLEN TYSON and PETER SUGG vs BEN. TYSON Supreme Court Case found at the NC Archives, Raleigh, NC and abstracted by Martha Mewborn Marble Pitt County, 1823 Allen Tyson and Peter Sugg vs Benjamin Tyson Adm of Moab Roundtree, Robert Williams guardian of Polly R. Williams and Simon Nobles guardian of Betsy Ann Roundtree – Court of Equity Allen Tyson and Peter Suggs show that Susannah the widow of Richard Williams had a child by her husband named Polly R. Williams and being possessed of considerable estate and about to form a 2nd matrimonial connection with one Moab Roundtree have entered into a written contract by which the property of which she was possessed was to convey to your orators ABSTRACT This Indenture made 18 March 1813 between Moab Roundtree of the first part, Allen Tyson and Peter Sugg of the 2nd part, and Susannah Williams of the third part – the said Roundtree for and in consideration of a Marriage intended by Gods permission shortly to be had and solemnized between the said Roundtree and the sd Susannah Williams and whereas the sd Susannah is possessed of divers Negroes to Wit: Aaron, Ben, David, Moses, Leasor, Jess, Gail, Toney, Windsor, Nancy, Violet, Tamer, Rhoda, Lear, Lavina, Mills, Eden, Isaac, Esther, and Peter and that a competent jointure may be had made and provided for the sd Susannah in case the said marriage shall take effect and for settling and assigning the Negroes, 5 tables, 4 beds and bedsteads and furniture, 1 dower chair, 4 looking glasses, 19 silver spoons herein after mentioned - the said Roundtree grants, assigns and confirm unto the said Tyson and Sugg and their heirs all of the Negroes, 20 head of cattle, 5 horses before named and also the reversion remainder and all the estate to the use of the said Roundtree after the marriage and during the term of his natural life without impeachment of waste – Roundtree to preserve and support the remainders from being defeated and destroyed and for that purpose to make entries and bring actions as the care shall require – sd Roundtree to receive and take the rents, issues and profits to his and their proper use and benefit during his natural life and after his decease to the use of Susannah Williams intended wife of the said Roundtree Signed by Susan Williams, Allen Tyson, Peter Sugg WIT: James Randolph Proved in Court May Session 1814 The petitioners shows that the marriage took place and that one child was issued, a girl named Betsy Ann – the sd Susannah then died leaving her husband the sd Roundtree, her child by Richard Williams her first husband to wit Polly R. Williams and Betsy Ann Roundtree her child by sd Roundtree – the said Moab died soon after leaving the said children surviving him – Administration has been granted by the Court to Benjamin Tyson who has taken upon himself the burden of the two children them being infants of tender age – Robert Williams of Pitt Co hath been duly appointed guardian of the said Polly R. Williams and Simon Nobles guardian to the said Betsy Ann Roundtree – Administration on the estate of sd Susannah has been granted to Moses Tyson the younger – most if not all of the property conveyed and by the above deed acquired by sd Susannah Roundtree by the Will of Richard Williams a considerable part of received on behalf of sd Polly R. Williams who was born after the death of her father and other parts disposed of by sd Roundtree after his marriage but a considerable portion remains in the hand of your orators who are at a loss of how to dispose of it as they are not sure who are the beneficial owners of sd property – on behalf of sd Betsy Ann Roundtree it is insisted the property become absolutely vested in equity in sd Moab Roundtree and that she is solely entitled – on behalf of sd Polly R. Williams it is said Moab only had a life estate and upon his death it is to go to both the children of Susannah Answer of Benjamin Tison – Moab and Susannah did marry, did have a contract – Moab survived Susannah – he feels the property was held in trust for all Susannah’s heirs – Moab and their daughter would also be her heirs Answer of Betsy Ann Roundtree an infant under the age of 21 – submits to the judgment of the court The Bill of Complaint was originally filed in 1820 The Pitt Co. Court found both children should share but this opinion was questioned and the case was sent to the NC Supreme Court File at: http://files.usgwarchives.net/nc/pitt/court/bentyson1984wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 5.0 Kb