Probate, NC, Northampton, Whitfield Bryant, 1842 WHITFIELD BRYANT 1842 Page 1 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina To the sheriff of Northampton County, greeting: You are hereby commanded to summons HENRY SPIVEY administrator of WHITFIELD BRYANT deceased, if to be found in your county, and him safely keep, so that you can have him before the justices of our court of pleas and quarter sessions; to be held for the county of Northampton, at the courthouse in Jackson, on the first Monday in December next, then in there to answer MATTHEW BRYANT of a plea of trespass on the case to his damaged $500. You're in fail not and have you then and there this writ. Witness THOMAS HUGHES Clerk of our said Court first Monday of September 1842 and in the 67th year of our independence. Issue the first day of November 1842 THOMAS HUGHES Clerk We bind ourselves and our heirs to pay the defendant in this writ all such costs and damages as he may sustain by reason of this suit not being prosecuted with effect according to Act of Assembly. JOHN RANDOLPH Page 2 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 MATTHEW BRYANT VS Writ Case HENRY SPIVEY administrator To December term 1842 Executed ETHELDRED PEEBLES, Sheriff RANDOLPH Page 3 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County County Court December term 1842 To the justices of the court before said The petition of SARAH BRYANT shows to your worships that sometime during the present year WHITFIELD BRYANT her late husband died intestate without having any manner provided for her support or maintenance. Your petitioner further shows onto your worships that at the last term of your worshipful Court Administration upon the estate of the said WHITFIELD BRYANT was granted to HENRY SPIVEY. Your petitioner is advised that she is entitled to have one years support alloted to her out of the crop and stock and etc., if on hand, and if not then an equivalent out of the personal estate of the said deceased, and therefore prays that your worships to appoint commissioners to make her an allotment for the same and then report their proceedings to the next term of this court. And your petitioner as in duty-bound will ever pray. JOHN RANDOLPH solicitor Page 4 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 SARAH BRYANT To let Provisions The court issued MARCUS W. SMALLWOOD BLAKE BRYAN SAMUEL STORY JOEL CONNER RANDOLPH Page 5 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County County court December term 1842 To the worshipful the justices of the court of four said. The petition of SARAH BRYANT against MATTHEW BRYANT, HARRISON BRYANT, PETERSON BRYANT, ALLEN BRYANT, JOHN BRYANT, MARY BRYANT, SARAH BRYANT, JOSEPH BRYANT, SAMUEL BRYANT, and ELIHU BRYANT the 8th last named being infants and of tender age humbly complain and show us onto your worships that her husband WHITFIELD BRYANT late of the county of aforesaid departed this life intestate leaving your petitioner his widow and MATTHEW, HARRISON, JOHN, PETERSON, ALLEN, JOHN, MARY, SARAH, JOSEPH, SAMUEL, and ELIHU his children and heirs at law. Your petitioner the widow and relic of the said WHITFIELD BRYANT further showeth that the said WHITFIELD BRYANT died seized and possessed of some four or five hundred acres of land adjoining the lands of the estate of BRYAN RANDOLPH and others near Rich Square in the county aforesaid in which your petitioner is entitled to her dower and thirds. Your petitioner is advised that she is entitled to have one third of the said land allotted to her for her natural Life by way of dower. Your petitioner therefore prays your worships to cause the sheriff of said County, by your writ to him directed, to summon a lawful jury to go up on the said land and allot to her third share of by way of dower and report the same under their hand and seal and for such other and further relief as the nature of her case may require. May it please the court to cause copies of this petition to issue to the defendants and that they may fully answer the promises and your petition in a is duty-bound will ever pray. JONATHAN RANDOLPH solicitor Page 6 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 SARAH BRYANT vs The Heirs WHITFIELD BRYANT Petition Dower Issued 2nd July 1843 RANDOLPH Page 7 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County December court 1842 Ordered by the court that MARCUS W. SMALLWOOD justice of the peace BLAKE BRYANT, JOEL CONNER, SAMUEL STORY be appointed Commissioners to set apart and allot to SARAH BRYANT one years Provisions for herself and family also one bed & furniture, one wheel and cards if to be found among the estate of her deceased husband WHITFIELD BRIAN and report to next term of this court. THOMAS HUGHES Clerk Page 8 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 M. W. SMALLWOOD BLAKE BRYANT JOEL CONNERS SAMUEL STORY Report Provisions Sarah Bryan March Court 1843 Page 9 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Account of Sales WHITFIELD BRYANT 1842 December 13th Page 10 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Account of sales of the property of WHITFIELD BRYANT, deceased, sold on a credit of six months. December the 13th 1842 HARRISON BRYANT MATTHEW BRYANT PETERSON BRYANT SARAH BRYANT JOEL CONNER W. S. COPELAND ARTHUR WHITFIELD Page 11 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Inventory of claims belonging to WHITFIELD BRYANT deceased one due bill M. W. SMALLWOOD for $58.13 instrument from the 12th of March 1838 with two credits amount for the sum of $6 dated 21st April 1838 one for the sum of $8 dated the 28th of April 1838 One Note on ELIJAH FUTRAL for the sum of $20 is interest from the 27th of January 1842 One Note is D. W. HARMON for the sum of $2.91 interest from the 11th of February 1839 not good also one account for $8.29 not good One Note M W. J. PLEASURE for $2.50 interest from the 10th day of July 1840 doubtful BENONI PARK receipt for RICHARD ARTHUR XXX for $2 interest from the 28th of August 1841 cost $0.40 RICHARD UPTON for $1 12 and 1/2 cents interest from the 28th of August 1841 and cost $0.40 not good one due bill J BEAL XXX for $13.63 interest from the 18th of November 1842 Northampton County District Court 1842 This inventory and account of sales was exhibited in open court and proven by the oath of HENRY SPIVEY administrator in order to be qualified and registered. THOMAS HUGHES Clerk of Court Page 12 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Pursuant to the annexed order we the undersigned Commissioners met at SARAH BRYANT’s, widow of WHITFIELD BRYANT, deceased, and did allot and set apart unto her the said Widow as follows viz: 30 barrels of corn 2500 lb of pork 5 bushels of wheat 20 lb of coffee at 16 2/3 cents per pound 25 lb of sugar at 12 1/2 cents per pound 20 gallon of molasses at $0.40 per gallon 1000 pounds of fodder 5 bushels of salt at $0.50 per bushel 25 bushels of potatoes 1 sow and pigs 1 bed and Furniture 1 spinning wheel and cards Given under our hands this March 4th 1843 M. W. SMALLWOOD Justice of the Peace JOEL CONNER {seal} BLAKE BRYAN {seal} SAMUEL STORY {seal} Page 13 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County To my lawful officers to execute in return. You are hereby commanded to arrest the body of LEWIS BRYANT and to summons NANCY ROE if to be found in your county so that you have them before some justice of the peace for said County on the 10th of June at Rich Square then and there to answer unto EDMUND JACOBS administrator of JOSEPH BRYANT decease an in an action of debt due by note to the account of one hundred dollars or less. Given under my hand and seal this 8th day of June 1843. W. M. SMALLWOOD {seal} September 28th 1843 levied on the defendants property as follows; his standing crop of corn and fodder to satisfy this execution and cost. A. R. PARK constable January 2nd 1844 the title of the goods and chattels being disputed I therefore levy on a certain tract of land adjoining the lands of HENRY SPIVEY, WHITFIELD BRYANT heirs and others wherein the defendant holds an interest returnable to our next court of pleas and quarter sessions to be held in Jackson. A. R. PARK constable 1843 June 10th judgment granted the plaintiff for the sum of $10.62 interest from 9th May 1840 and cost $1. M. W. SMALLWOOD Justice of the Peace. 19th June 1843 execute and seize according to law to satisfy the above judgment and costs. H. GATLING JP Execution served according to law. Given under my hand and seal. M. W. SMALLWOOD September 8th 1843 January the 1st 1844 Execution served according to law. Given under my hand and seal J. PEELLE Page 14 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 EDMUND JACOBS JOSEPH BRYANT & NANCY ROE Executed by A. R. PARK, constable February 29th 1844 The defendant NANCY ROE is notified in writing according to law. A. R. PARK constable order of sale issued Page 15 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County Miss NANCY ROE. Miss you will take notice that on the second day of January last that I did serve a justices execution on a certain tract of land adjoining lands of HENRY SPIVEY, WHITFIELD BRYANT heirs and others wherein you hold and interest. At the instant of EDMOND JACOBS administrator of JOSEPH BRYANT deceased which proceeding will be returned to your next court of pleas and quarter sessions to be held for said County. At the courthouse in the town of Jackson on the first Monday of March next, when and where an order of Court will be applied for to sell the said tract of land February 28th 1844. A. R. PARK constable Page 16 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County County Court September term 1844 To the worshipful the justices of the said Court. The petition of MATTHEW BRYANT against HARRISON BRYANT, PETERSON BRYANT, WILLIE BRYANT, POLLY BRYANT, JOHN BRYANT, SALLY BRYANT, JOSEPH BRYANT, SAMUEL BRYANT, and ELIHU BRYANT the seven last named by infant under the age of 21 and without Guardian humbly complaining show us unto your worships that WHITFIELD BRYANT late of the said County sometime during the year 1842 departed this life intestate leaving your petitioners together with the defendants his heirs at law. Your petitioner showeth unto your worships that the said WHITFIELD BRYANT did die seized and possessed of a tract of land lying and being in the said County of Northampton near Rich Square containing some 200 acres and a joining the lands of JOHN OUTLAND, M. W. SMALLWOOD and others which your petitioners together with the defendants hold as tenants-in-common. Your petitioner is advised that he is entitled to have his portion of the said land allotted to him in severalty therefore in consideration of the premises your petitioner prays your worships to appoint commissioners to go upon the premises together with the County Surveyor who shall allot to your petitioner, together with the defendants, their respective portions of the said land to each one in severalty and from under their hands and seals report their proceedings to the next term of this worshipful court. And your petitioner is duty-bound will ever pray. JOHN RANDOLPH solicitor for petitioner Commissioners M. W. SMALLWOOD Justice of the Peace W. S. COPELAND JOEL CONNER JOHN LAMBERSON BLAKE BRYAN Page 17 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 MATTHEW BRYANT vs petition to divide land PETERSON BRYANT and others filed at September term 1844 25 RANDOLPH Page 18 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 The estate of Whitfield Bryant, deceased, in Oct THOMAS BRAGG MATTHEW BRYANT SARAH BRYANT W. S. COPELAND WILLIE FENNELL DAVIS FUTRELL B. JORDAN HARRISON LASSITER ETHELDRED J. PEEBLES THOMAS B. POWELL HENRY SAULS W. M. SMALLWOOD SAMUEL A. WARREN Recording act of sales and inventory returning to this accounts Pursuant to the annexed to order we the undersigned have examined the accounts and vouchers of HENRY SPIVEY administrator of WHITFIELD BRYAN deceased and find a balance in the hands of the administrators do the estate of $23.35¼ cents with interest there on from the first day of December 1844. Given under our hand and seals EDMUND JACOBS S. GRANT NEWIT GRANT Northampton County September Court 1844 It is ordered by the court that EDMUND JACOBS, SHADRACK GRANT and NEWIT GRANT be appointed Commissioners to settle the administration account of HENRY SPIVEY with the estate of WHITFIELD BRYANT. THOMAS HUGHES Clerk of Court Page 19 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Account Current the estate of WHITFIELD BRYANT with H. SPIVEY, administrator Page 20 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Account Current of WHITFIELD BRYANT to H. SPIVEY, Administrator filed December court 1844 Recorded Page 385 Page 21 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 Northampton County December Court 1847 It is ordered by the court that the sheriff of the county summon M. W. SMALLWOOD Esquire, W. S. COPELAND, LEMUEL BOWDEN, E. E. MAGET and and AMOS R. PEELLE on any or any three of them to be appointed commissioners who after being duly qualified having the County Surveyor with them shall go upon all the lands of which the late WHITFIELD BRYANT died, seized and possessed situate in the county of Rich Square the joining the lands of M. W. SMALLWOOD and others and divide and lot the same in ten equal parts between The heirs of the said WHITFIELD to be held by them in severalty, and if an equal division be impractical as to the value than they shall charge the more valuable dividend with such some or some will make the division equal and make report from under their hand and seals to the next term of this court. Test JOHN B. ODOM Clerk of Court. Issued 27th of January 1848. Page 22 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 MATTHEW BRYANT et al order for M. W. SMALLWOOD Esquire at al to divide lands The court Issued January 27th Page 23 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Northampton County County Court December term 1847 Do the worshipful the justices of the said Court. The petition of MATTHEW, HARRISON, PETERSON, WILLIE, POLLY, JOHN, SALLY, JOSEPH, SAMUEL, and ELIHU BRYANT the five last name being infants under the age of 21 years and without Guardians humbly complaining showeth unto your worships that WHITFIELD BRYANT late of the said County sometime during the year 1842 departed this life intestate leaving your petitioners his children and heirs at law. Your petitioner showeth unto your worships that the said WHITFIELD BRYANT died seized in possessed of a tract of land in said County near Rich Square containing some 200 Acres adjoining the lands of JOHN OUTLAND & M. W. SMALLWOOD and others which your petitioners hold as tenants-in-common. Your petitioners are advised that they are entitled to have their portion of the said land allotted to each in severalty therefore in consideration of the premises your petitioners pray your worships to point Commissioners to go up on the premises together with the County surveyor who shall allot to your petitioners their respective shares in severalty and from under their hands report their proceedings to the next term of this worshipful court. And your petitioners as in duty-bound will ever pray. JONATHAN RANDOLPH solicitor Commissioners M. W. SMALLWOOD Esquire W. S. COPELAND LEMUEL BOWDEN E. E. MAGET A. R. PEELLE Page 24 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 MATTHEW BRYANT, et al petition to divide lands The court December Term 1847 RANDOLPH Page 25 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 HENRY SPIVEY guarantee of bond SARAH BRYAN March Court 1852 Page 26 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 State of North Carolina Know all men by these presents that we HENRY SPIVEY, EDMUND JACOBS, and CORNELIUS LASSITER are held and firmly bound under the state of North Carolina, in the just and full some of $2,000 current money of the said state, to be paid to the said state of North Carolina to which payment well and truly to be made, we bind ourselves and every of us, our and each of our heirs, executives and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this first day of March A. D., 1852. Whereas, the above bounden HENRY SPIVEY has been this day, by the worshipful Court of Northampton County, appointed Guardian to SARAH [BRYANT], SAMUEL [BRYANT] and ELIHUE BRYANT orphans of WHITFIELD BRYANT deceased. Now the condition of the above obligation as such, that if the said HENRY SPIVEY Guardian as aforesaid, shall well and truly discharge his guardianship, by taking care of and improving all the estate belonging to the said orphan; and shall also settle his guardianship accounts with court of the said County, as required by law, and that he will deliver up to the said SARAH, SAMUEL and ELIHUE BRYANT orphans as aforesaid, when they shall attain lawful age, all such a state as there ought of right to be possessed of, or sooner if required, agreeable to the true intent and meaning of the act of the general assembly in such case made and provided, then this obligation to be void, otherwise to remain in full force and virtue. HENRY SPIVEY EDMOND JACOBS CORNELIUS LASSITER Signed sealed and delivered in the presence of JOHN B. ODOM I hereby certify that HEROD FAISON, WILLIAM M. CROCKER and HENRY GATLING Esquires, justices where upon were upon the bench at the time of granting the above guardianship. Test JOHN B. ODOM Clerk Page 27 of 28 ** PAGE BREAK ** Probate, NC, Northampton, Whitfield Bryant, 1842 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 28 of 28 ** PAGE BREAK **