Probate, NC, Bertie, JOHN POWERS 1739 An inventory of the estate of Mr. JOHN POWERS late of Beaufort County, deceased, now found in Bertie County [---] by MARY POWERS, administratrix [INVENTORY LIST] MARY POWERS Page 1 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 Account of goods sold at public vendue part of the estate of JOHN POWERS, deceased, ye 14 day of May, 1739. [SALE LIST] WILLIAM MARKY ??? Vender Page 2 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 Acct of Sales of JOHN POWERS estate 1740 May Recorded J. WYNN Page 3 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 North Carolina George the second, by the Grace of God, King of Great Britain, France and Ireland, defender of the faith & c. To the sheriff of Beaufort County in the said province, Greeting: We command you to take the body of MARY POWERS, widow, administratrix of JOHN POWERS late of Beaufort County, deceased (if to be found in your Bailiwick) and her safely keep, so that you have her body before our Chief Justice and his assistant, at the next General Court, to be held for our said province, at the courthouse in Edenton, on the last Tuesday in March next, then and there to answer THOMAS PILSON Merchant in a plea of trespass on the face damage eighty pounds current money. Therein fail not, and have you there this Writ. WITNESS WILLIAM SMITH Esquire our Chief Justice of our said province, at Edenton, the thirteenth day of December Anno Domini 1739 W. SMITH CJ Page 4 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 PILSON vs POWERS Administratrix to March General Court 1740 HERRITAGE Atty Page 5 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 North Carolina Edenton Be it remembered that STEPH GOOLDE and WILLIAM DANIEL, Gentlemen in the county of Beaufort in ye said province this 13th day of June & in the year of our Lord one thousand seven hundred and forty, personally came and appeared before me and acknowledged themselves justly indebted unto ABRAHAM DUNCAN & MARY his wife, late widow and administratrix of JOHN POWERS deceased in the sum of one hundred pounds current money of the province aforesaid & in default of payment thereof to be levied on their or either of their goods, chattles or estate whatsoever on condition following. Now the condition of the above written recognizance is such that if JOHN RIECESSET of Bath town in the said County of Beaufort shall and do well and truly prosecute with effect at the next GLE court to be held at Edenton for the province aforesaid a certain writ of error by him brought & returnable at the said court in order to reverse a judgment lately given against him brought against the above MARY as widow and administratrix of JOHN POWERS, deceased for ten pounds ten shillings current money of the said province with costs of suit and shall reverse the same then this recognizance to be void, otherwise to remain in full force until the accruing costs are repaid. Taken and acknowledged before me the thirteenth day of June 1740. F. K. GOOLDE WILLIAM DANIELS Page 6 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 RIECESSET vs Administratrix of JOHN POWERS Recognizance on obtaining a writ of error to July Court 1740 Page 7 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 North Carolina Beaufort County RIECESSETT Administrator vs POWERS administratrix Cop. Record & Proceeding & Writ George the second by the grace of God of Great Britain & King & c. To the Sheriff of the said county, greeting. We command you to take the body of MARY POWERS, widow & administratrix of all the goods and chattles, rights and credits of JOHN POWERS, near Bath Town in the said County lately deceased, (if to be found in your Bailiwick) and her safely keep, so that you have her before our justices at our next Court of Common Pleas to be held at the court house in Bath Town for the said county on the second Tuesday in March [11, 1740] next, then and there to answer JOHN RIECESSET, administrator of all the goods and chattles, rights and credits that were of JOHN RIECESSET’s of Bath Town in the said county of Beaufort Esq, at the time of his death in a plea of trespass upon the “cost” damage twenty pounds; and have you then and there this writ. Witness ROGER JONES general Clerk of our said court. Dated at Bath Town the 7th day of January Anno Domini 1739 ROGER JONES, Clk Return Cepi Corpus & Secure by me JOHN CHELLEY, Dep. Sheriff declares. Page 8 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 North Carolina Beaufort County March Court, 1740 JOHN RIECESSET administrator of all the goods and chattles, rights and credits that were of JOHN RIECESSET of Bath Town in the said county of Beaufort, esquire, at the time of his death complained of MARY POWERS, widow and administratrix of all the goods & chattles, rights & credits of JOHN POWERS near Bath Town in the said county, lately deceased, in custody of the sheriff for that whereas the said JOHN RIECESSET esquire on the first day of December in the year of our Lord one thousand seven hundred & thirty six at Edenton in the said province at the special instance and request of him, the said JOHN POWERS did sell and deliver to the said JOHN POWERS to his, the said JOHN POWERS’ proper use, two wooden cover lids at the rate and price of ten pounds lawful money of the said province, the said JOHN POWERS then and there & to wit, on the day, year at the place aforesaid, did in costs thereof upon himself assume to the said JOHN RIECESSET then and there faithfully promise that he, the said JOHN POWERS payeth ten pounds lawful money unto the said JOHN RIECESSET would well and truly satisfied and content when he should be thereafter required and whereas also at the like special instance and request of him the said JOHN POWERS he the said JOHN RIECESSET on the day, year, and at the place aforesaid did tell and deliver diverse other goods, wares and merchandises to the said JOHN POWERS, he the said JOHN POWERS in consideration thereof did assume to the said JOHN RIECESSET then and there faithfully promised that he the said JOHN POWERS such sum of money unto the said JOHN RIECESSET would well & truly pay & content as the said goods at the time of the sale & delivery of the same were reasonably worth; and the said JOHN RIECESSET, the plaintiff. In fact saith that the said goods at the time of the sale & delivery of the same were reasonably worth other then pounds of the like lawful money of which the said JOHN POWERS afterward to wit on the day, year & at the place aforesaid had notice ye he the said JOHN POWERS contriving and fraudulently intending in his lifetime the said JOHN RIECESSET therein to deceive and defraud and his said several promises not regarding, the said several sums of ten pounds or any part thereof he the said JOHN POWERS unto the said JOHN RIECESSET in his lifetime did not pay (this after thereunto required) nor hat he paid the same to JOHN RIECESSET the plaintiff. Nor hath the said MARY the defendant paid the same unto the plaintiff (tho’ thereunto required) at Bath Town on the eleventh day of December in the year of our Lord one thousand seven hundred thirty nine and often times after thereunto required but the same to pay hath refused & still doth refuse to pay damage twenty pounds and thereupon he brings this suit & here in court produces the letters of administration whereby & c. S. L. E. GOOLDE atty plaintiff Pledges Page 9 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 Beaufort County March Court 1739 MARY POWERS administratrix vs JOHN RIECESSET administrator And the said MARY by WYRIOTT ORMOND, her attorney comes and defends the force & injury when & prays oyer [termination] of the letters of administration of the said JOHN which being read and heard the said MARY saith that in the writ laid out by the said JOHN he is therein called JOHN RIECESSET administrator of all the goods & credits not JOHN RIECESSET administrator with the will annexed of all & star the goods & c. and this she is ready to aver; therefore there is a variance between the writ & letters of administration aforesaid & the writ aforesaid is in no way warranted by the said letters of administration; the said MARY prays judgment of the writ aforesaid and that the same may be quashed & M. B. The above plea filed in W. Y. ORMOND, Atty Defendant March Court 1739 The court abated the action; whereupon the plaintiff, by his attorney, appeals, which is granted, he giving security to prosecute the same with effect. June Court 1739 The above action dismissed, no security being given to prosecute. JOHN FREEMAN SIMON ALDORSON ROGER JONES ISAAC BUCK Page 10 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 North Carolina Edenton George the second by ye grace of God of Great Britain, France & Ireland, King, defender. To ROBERT TURNER, SIMON ALDERSON, JOHN FREEMAN, ISAAC BUCK, THOMAS WILLIAMS & RICHARD EVANS, Esquire. Justices of the court of Beaufort in our province aforesaid, Greeting. Because in ye record & process also in rendering judgment of a complait wich was in our said court brought before you by our writ between JOHN RIECESSET administrator of JOHN RIECESSET deceased as plaintiff & MARY, widow and administratrix of JOHN POWERS deceased, defendant in a plea of trespass on ye case as is said manifest error hath intervened to ye grievous damage of ye said JOHN RIECESSET ye plaintiff as of his complaint we have received. We being willing that if any error shall be found therein that ye same may be in due manner corrected, and that full and speedy justice be done therein, if judgment is thereof rendered , that then ye record and proceedings had thereon with all things thereunto belonging, under your hands & seals distinctly & openly you send & this writ so that you have ye same before WILLIAM SMITH Esquire Chief Justice of our province aforesaid and his assistants at Edenton ye last Tuesday in July next that upon inspecting the record and proceedings, if any error shall be found therein, that the same may be corrected xx of right and according to law & custom of our kingdom of Great Britain and of this, our province, should be done. Witness WILLIAM SMITH, esquire, our chief justice of said at Edenton ye thirteenth day of June, 1740. W. SMITH, Chief Justice Page 11 of 12 ** PAGE BREAK ** Probate, NC, Bertie, JOHN POWERS 1739 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # 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 12 of 12 ** PAGE BREAK **