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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
August 01, 1717
Volume 02, Pages 289-291

[Council Journal.]

North Carolina ss
Att a Council holden at the house of the Honble Coll Thomas Pollock in Chowan on Thursday the First day of August 1717
Present the Honble Charles Eden Governor Captn Genll and Admll
Thos Pollock Esqr Lds Proprs Depty
Nath Chevin Esqr Lds Proprs Depty
T Knight Esqr Lds Proprs Depty

Upon Petition of John Seshons setting forth that Whereas one Edward Bery Deceased left a Widdow and four Children with a small Estate the Widdow administerd and it was appraised and she paid the Debts as farr forth as there was anything to pay afterwards by Accident she and Two Children were drowned and there was Two Children left a Boy and a Girle which by order of Cort the Children was committed to his Care to bring them up and what little their Mother left. was Committed into his hands he being their Uncle their Mothers own Bror the two Children being both dead all that belonged to them is now taken out of his hands by

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Henry Miller and the Land is Threatened to be taken away also wch the petitioner has paid for part of it to the Childrens Father but he being killed by the Indyans it was never acknowledged to him and therefore prayes that it may be taken into Considerac̄on that he may be Relieved therein &c

Ordered that the Evidence on both side be Examined before Mr John Hardy and the Depositions returned to the next Council and that in the mean time Mr Spellar do prepare & bring in his Acct of the said Administrac̄on.

Upon Petition of William West setting forth that he being a Tradesman and willing to settle in this Govermt and Endeavoured at his first Comeing in to Get some Convenient Settlement but found all the lands near to the Water were taken up upon which he Intended to leave this Govermt but was advised of a Small Tract of Land on the head of Cashock Creek Survey'd and Patented Several years agoe which he according to the Usual Costume petitioned for as Laps'd land and had it Granted but afterwards one Henry Lysle made Application and pretended a right to the said Land and that he had sold it to his Father in Law and obliged himselfe in the penal sum of Fifty pounds sterl. to make him a Title to it upon which he had an Order Granted him for the Said Land and the said West believing his petition to be matter of Fact and not desiring the ruin of any person neglected to appear in his Own right But since finding that the said Henry Lysles Informac̄on was notoriously false and that there was no such sale as he said there was and indeed no right to the Land he therefore requests to have his land Granted him again

And saith he being a stranger in the Country the said Lysle thought to have made a prey of him and now laughs at him and Employs people to sell him the Land he prayes the same be taken into Considerac̄on and that he may have reliefe therein yt

Ordered that Henry Lysle be served with a coppy of the petition and to appear at the next council.

Upon Petition of Wm Charlton Execr of the last will and Testament of Edward Smythwick Deceast praying proper persons may be appointed to appraise and divide the Estate of the said Deceas'd

Ordered that Henry Speller, John Bentley Philip Ward and Luke Metle or any three of them being first sworn before some Magistrate do Appraise the said Estate and make Division thereof according to the said Last will and Testamt of the said Dece'd

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Upon Petition of Robt Fewox shewing that a Tract of land called the Second Creek was formerly Granted to his Father James Fewox and is lapsd for want of seating prayes the same may be Granted to him

Ordered the same be Granted as pray'd for

Upon Petition of Jonathan Bateman and Elizabeth his wife shewing that John Anisly late Husband of the sd Elizabeth being a Forreigner dyed seized of sundry Lands in this Government and left no Issue therefore prayes that they may have Liberty to Estcheat the said Lands and that a Warrt may be directed to the Escheator accordingly.

Ordered that the same be granted as Prayd for.

Ordered that the Matter of Privetts be continued and that Coppy of the Case and Subpheana be sent a new

Upon Petition of Martin Frederick Rasor shewing that a Tract of Land Containing One hundred and Eight five Acres in Chowan was formerly Granted by patent to Francis Parrot and is Lapsd for want of being seated in due time and prayes the same may be Granted to him.

Ordered that the same be granted as pray'd for

Tobias Knight, Esqr was by the Governor with the advice and Consent of the Council Constituted Chief Justice of this Province Coll Gale haveing departed this Govermt whereby the said Commission was become Vacant and thereupon the said Knight took and subscribed the Severrall Oaths by Law appointed to be taken for his qualificac̄on.