Contributed by Clair Hadley - donandclair@verizon.net
CLAIM #1
1. SOURCE: Hillsborough District Court Records DSCR 204.508.2
Original at North Carolina Archives
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
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.
Caswell Family Pages
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