PATRICK COUNTY, VA - COURT - Order Book "5" (Selected Entries, 1845) ----¤¤¤---- JANUARY COURT (27 January 1845) Administration of the estate of Tamer McAlexander decd. is granted to William J. Robertson and the said Robertson having taken the oath prescribed by law and having entered into and acknowledged a bond conditioned as the law directs in the penalty of five hundred dollars with John Turner and John D. Cheatham his securities, has certificate of administration in due form of law. Ordered that Samuel Terry, Jonathan Hubbard and John Turner or any two of them having first sworn before some Justice, be and they are hereby appointed commissioners to appraise in current money the personal estate of Tamer McAlexander decd. and make report thereof to the court. Present: John Shelor, Martin Cloud, William Critz, Jessee Corn and John Turner Gentlemen Justices convened for the purpose of electing a constable to supply the vacancy occasioned by the removal of Anderson Bowman, and James D. Cloud and William Thompson being put in nomination, the said Cloud was unanimously elected and thereupon the said James D. Cloud appeared in court and having taken the oaths prescribed by law entered into and acknowledged a bond in the penalty prescribed by law with A. Staples, J. D. Cheatham, Arch Stuart, J. W. Gates, John Boyd and William Epperson his securities, it appearing to the satisfaction of the court that he is a man of honesty probity and good demeanor and not addicted to gambling. FEBRUARY COURT (24 February 1845) The account of Isaac Adams administrator of Jefferson Taylor decd. was presented in Court examined & ordered to be recorded. An inventory and appraisment of the estate of Tamer McAlexander was presented in court, examined and ordered to be recorded. Ordered that James Dehart be and he is hereby exempted from the payment of levies and county charges for the future. A list of the sales of the estate of Richard Stegall decd. was presented in court examined and ordered to be recorded. A list of the sales of the estate of James Fulkerson decd. was presented in court examined and ordered to be recorded. On the motion of W. C. Kasey who took the oath prescribed by law and entered into and acknowledged a bond conditioned as the law directs in the penalty of five hundred dollars with J. N. Kasey and William Critz his securities, certificate of administration of the estate of Walter Freeman deceased is granted him in due form of law. Eliphas Shelton having died intestate and three months having elapsed and no person appearing to administer on his estate, it is ordered that the same be committed to the hands of the Sheriff of this county for administration. Ordered that William Agee be and he is hereby appointed a surveyor of the new road lately opened under him as superintendant and that the list of hands filed be and they do hereby constitute his company. Ordered that Micajah Murphy, Harrison C. France, John N. Kasey, Lewis Turner and William Critz or any three of them being first sworn before some Justice of the peace be and they are hereby appointed commissioners to appraise in current money the personal estate of Walter Freeman deceased and return an appraisment under their hands to the court. Sheltons exr. vs. Sheltons heirs In chy Harvey Fitzgerald exr of Eliphas Shelton decd having departed this life and the estate unadministered of the said Eliphas Shelton having been this day committed to the Sheriff this suit is revived by consent of parties in the name of James Fitzgerald admr. of the said Harvey Fitzgerald & of Norman Staples Sheriff of Patrick the admr. de bonis non with the will annexed of said Eliphas Shelton decd. and now this day this cause came on to be heard on the papers formerly read and the decree of this court appointing Mathew Sandifur a comr. to collect and distribute among those entitled the monies for which the lands of Eliphas Shelton decd. were sold by virtue of two previous decrees in this cause and it appearing to the court that the said Sandifur has died without fully performing his duties, it is adjudged ordered and decreed that John H. Dillard be appointed a commissioner to finish the duties of said Sandifur under the decree aforesaid by collecting and applying according thereto any sum or sums of money which may have been uncollected and unapplied by said Sandifur in his life time & to the end that it may appear who are those entitled to distribution of the estate of said Eliphas Shelton decd. and what is the distributive share of each one under the will of Eliphas Shelton decd, it is further adjudged ordered and decreed that John H. Dillard state and settle the account of Harvey Fitzgerald as exr. of Eliphas Shelton decd. & also that he state an account showing the distributive shares of each heir under the will of said Eliphas decd & report to court how he has executed this decree. JULY COURT (28 July 1845) On the motion of Jessee Corn it is ordered that the road over which Bernard M. Price Sr. is surveyor be divided into two precincts and that Bernard M. Price be continued as surveyor of the western part thereof, that William Martin be appointed surveyor of the eastern precinct commencing at the Franklin line near the Blue falls and ending at the draw bridge at the lower ends of Tennisons plantation and that the list of hands filed be and they do hereby constitute his company. Ordered that Meekins Reynolds, William Spencer, and William Critz or any two of them being first sworn before some Justice of the peace, be and they are hereby appointed comissioners to allot to Sarah Spencer her dower right in the lands of Marville Spencer decd. and that they report to court their action thereupon. Ordered that Archibald Stuart, John D. Cheatham and John H. Dillard or any two of them being first sworn before Justice of the peace be and they are hereby appointed commissioners to state and settle the account current of Archelaus H. Carter admr. with the will annexed of Jonathan Hanby decd. and that they determine and divide among the several legatees their distributive share in the estate of the said Hanby. The last will and testament of John Crum decd. was presented in court proved by the oath of the witnesses thereto subscribed and ordered to be recorded and thereupon Nancy Crum the executrix therein named having entered into and acknowledged a bond in the penalty of two hundred dollars with Thomas Lawless and James Joyce her securities has certificate of probat in due form of Law. Ordered that James Joyce, Joshua Adams and Abram Spencer or any two of them being first sworn before some Justice of the peace, be and they are hereby appointed commissioners to appraise in current money the personal estate of John Crum and report to court their action thereupon. A deed from Aggy Burnett et al to Hardin Pendleton & wife was presented in court proved by the oaths of two of the witnesses thereto subscribed and continued for further proof. Administration of the estate of John Koger decd. is granted to Charles Hancock and Joseph H. Edwards and the said Hancock and Edwards having entered into and acknowledged a bond in the penalty of two thousand dollars conditioned as the law directs with Thomas M. Clark, John Hancock and Brice Edwards their securities have certificate.... SEPTEMBER COURT (22 September 1845) The Inventory and appraisement of the estate of John Crum decd. was returned into Court examined & ordered to be recorded. A deed from Martin Dillion and Malinda his wife to Joshua Finney admitted to record in the Clerks office Since the last return. An Inventory of and appraisement of the estate of John Finney decd. was returned into Court examined & ordered to be recorded. Chitwood assee vs. Scales et al. On a delivery bond. Notice proved & Jud according to specialty & costs. (Transcribed by Mary C. Smith from Patrick Co., Va., Order Book 5, 1840-1846, unpaged, Library of Virginia Microfilm Reel #19.) ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: Mary C. Smith carthage42@hotmail.com ___________________________________________________________________