Caswell:
Claims against the estate of Gov. Richard Caswell -
CLAIM #1 - 1.SOURCE: Hillsborough District Court Records DSCR 204.508.2 Original at North Carolina Archives
- Transcribed (as best I could read it) and Submitted by Clair Hadley
-
STATE of NORTH CAROLINA To the Sheriff of Lenoir County
- Greetings:Whereas we by our writ of Fieri Facias did command you that of the goods and chattels, lands and tenements of Richard Caswell Dec'd in the hands of Winston Caswell Ecr (?) & Dolham Caswell Ex you should cause to be made the sum of one thousand ninety four pounds 15 which lately in our Superior Court of law, held for the district of Hillsborough at the courthouse in Hillsborough The Governor for our use recovered against them the said Winston & Dolham Ex & Ex as aforesaid as(and?) also the endorsed fees or costs and charges filed in said suit expended, whereof the said Winston and Dolham are liable and convicted, as to us appears of record, and that you should have the said monies before the Judges of our Superior Court of law, held for the district of Hillsboro on the sixth day of October 1796 and you on that day, having returned to us on our said writ of Fieri Facias, that you had levied on all the Lands of Richard Caswell Decd lying in Lenoir County, to wit, the Red House & plantation and the adjoining lands, Newington do d do. Tanyard plantation & the adjoining Lands, the Yadkin Survey together with four houses & several Lenoir Lotts in the Town of Kinston with three houses on them, the same being subject to sundry Execution in favor of Nathan Smith vs. the said Estate but not sold for want of time. We therefore command you to expose to sale the said property levied on as aforesaid, and have you monies aforesaid, before the Judges of our Superior Court aforesaid, to be held at the courthouse in Hillsborough on the 6th day of October next, then and there to render, &c (?).
- Herein fail not and have you then and there this writ. Witness, Leonard Henderson, Clerk of Said Court, the 6th day of April A.D. 1797 and in the XX 1 year of American Independence.
- *the 31st day of M ay 1797
- Leo Henderson (his signature)
- Then follows this page (as best I can decipher it) It seems to be the outside or first page of a letter or document
- The Governor Judgement (pound sign) 1094..13
- ?????? Bond 14
- The Ex of Richard Caswell determination 18
- Execution to oct 96 5
- ??? 10
- ________
- 2..12
- To October Term 1797
- Sheriff Lenoir 5
- Do Orange 1
- E. Jones Sol.Gen: 5……
- _________
- (pounds) 7.. 18 8
- The within lands was advertised for sale 7 sold Sale countermanded by a letter from john haywood Public Treasured& this execution order so to be returned
- (signed) (looks likeWm or Allen) Goodman Sheriff Lenoir
-
CLAIM # 2
- 2. SOURCE: Hillsborough District Court Records DSCR 204.508.2 Original at North Carolina Archives
- Transcribed (as best I could read it) and Submitted by Clair Hadley
- MY NOTE:There are 3 separate court orders which seem to be identically worded; they are all dated Jan Equity 1804 and are in the same handwriting. I shall transcribe the one I can most clearly decipher. One is to Benjamin John Caswell by (way of) William Lovick, his Guardian. Another is to Benejah White Guardian of Richard Francis McIlwean. The one I'll transcribe is to William White, Guardian of Richard William Caswell. All three boys were grandsons of Gov. Caswell.
- STATE OF NORTH CAROLINA Su. Equity 1804
- Hillsborough District, To William White Guardian of Richard William Caswell
- Greetings Whereas James Turner Governor and Commander-in-Chief in and over the State aforesaid hath exhibited his Bill of Complaint to the Honorable the Judge of our said Court against you as Guardian aforesaid These are therefore to command you all and all manner of (?) and (?)personally to be and appear before our said Court at Hillsborough on the 6th day of October next, and answer the Several matters in the Said Bill contained, and to stand and perform such (order?) and cause as our said Court shall make therein under the penalty of one hundred pounds. Witness Robert Bell Clerk and (?) in our said Court and Office ? under seal of Office this 6th Apl 1804& of Independence XXV111. Signed Robert Bell C??
- 27 April 1804
- 3. SOURCE: Bessie Carman's notes in Eliz. Moore's PC1406.9 North Carolina archives
- After Benejah married the widow Mary, he brought a lawsuit against the estate of Gov. Caswell(Court papers 1802-6,Clark's office, New Bern), claiming 1000 lbs spent in schooling and maintaining Sarah Richard Caswell over and above the property willed to Sarah and her mother He demanded reimbursement from the estate of Gov. Caswell. Dallam Caswell, the surviving executor of Richard Caswell,deceased, was the defendant. In the deposition of William White, dated Jan.22, 1802, acting trustee stated that the house and lot in Kinston, NC left by the will (was?) the house of the deponent and that Benejah White had married the said Mary Caswell widow, and had moved to another house in less than a year before the testator died. Deposition of Wm. Heritage filed July term of Court 1800 in Lenoir County stated that he---1788 was having some conversation with Gov. Caswell who, his father said, had bought some slaves at the vandue of Ric. Caswell Jr,dec'd,, and Gov. Caswell had bought them for his granddau. Sally because the widow of Rich. Caswell had remarried. In the deposition of of Francis Caswell he states that he is of age and lived near Sarah and her grandfather. It was brought out in the suit that Sarah had been reared in a manner and befitting the g.dau. of the Gov. and that her estate was sufficient. Gov. Caswell's will was probated in Jan. Court 1790, and Winston and John Caswell, two of the executors had since died.
- SOURCE:DSCR 204.508.2 Hillsborough District Equity case (1805)-names Benejah as guardian of Sarah Richard Caswell and Richard Francis and Sarah McIlwean.
- * My note-looks like this is the same case as #2 above.
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