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Minutes of the North Carolina Governor's Council
North Carolina. Council
March 28, 1723
Volume 02, Pages 482-485

[Council Journal]

North Carolina—ss.
At a Council held at Edenton March the 28th Ann 1723
Present The Hoble William Reed Esqr President et
Chr Gale Esqr Lds Proprs Depty
Fra Foster Esqr Lds Proprs Depty
Richd Sanderson Esqr Lds Proprs Depty
J Lovick Esqr Lds Proprs Depty
T Pollock Esqr Lds Proprs Depty
M Moore Esqr Lds Proprs Depty

Maurice Moore Esqr presented to this Board a Deputation from Joseph Blacke one of the true and absolute Lords Proprietors of Carolina to represent him in the Council of this Governmt wch being read and allowed of and the said Moore being duly qualifyed took his place at this Board accordingly

Read the Petition of Mary Drew setting forth that her husband David Drew has given her a great deal of causeless Ill usage & has turned her

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out of Doors and Distroyed all her substance, and that she fears that he will quite ruine her unless assisted by this Board

Ordered that the Provost Marshall or his Deputy do sumons the sd David Drew to appear before Chris. Gale Esqr Chief Justice on Thursday next being the forth day of April and that he examin the matter and pass such orders thereon as he shall find necessary and agreeable to Law and return an acct of his proceeding herein to the next Council

John Durant, King, John Barber John Hawkins Harry Gibbs George Durant great men of the Yawpims came before this Board an acknowledged a sale of Land for six hundred and fforty Acres to the Honoble William Reed Esqr part of a great Tract laid out to them by the Government and that they were Satisfyed for the same and this Board being asked wither they consented to the sd sale gave their opinion in the affirmative

Read the Libell of Thomas Armor als Thomas Evans brought by Edmund Gale Esqr Guardian against John Armour Exr of the last will and Testament of William Armour dec̄d in these words (Vizt) that the sd William Armour late of Pasquotank decd did make a will appointing the sd John Armour Executor thereof who accepting did cause the said will to be proved and obtained Letters Testamentary thereon and sayeth that in and by the said will the said William Armour did give and bequeath to your Complt by the name of Thomas Armour the son of Elizabeth Armour who was his wife the following Legacy Vizt one Negroe man named Harry a bed Tick a Worsted sett rugg & a pair of Sheets as also four new pewter Basons four new Dishes and six plates and one Negroe boy called Sampson which had been heretofore bought of his said wife Eliza as he is ready to make appear yet nevertheless so it is that Legacy so given as aforsd to him the sd John Armour the Exer refuses & denys to deliver altho often desired wherefore prays remidy therein and that the said Exer may be compelled to deliver him the said Negroes & Goods to them bequeathed as aforsd and also prays all such reasonable Costs and Damages as by him sustained & Expended by being forced to bring this suit and that he may be cited to appear next Council etc

And the sd Armour having been solemnly called to answer the sd Libel and not appearing

It is Ordered by this Board that the subject matter in the Libell be taken proconfessed according to former order of Board and that the provost marshall or his Deputy for the County of Albemarle cause the things prayed for in the Libell to be delivered to the said Edmond Gale Esqr Guardian as aforsd to the Minor and that the Deft pay cost

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Read the Petition of Nathaniel Martin setting forth that Joseph Ming obtained a patent in the year 1701 for One hundred and ffifty Acres of Land lying in Pasquotanke which is not seated and planted as the Law directs and prays a Lapse patent may be granted him for the same

And the President informing this Board that the Land mentioned in the petition has been seated to his knowledge near twenty years

Ordered that the Petition be rejected

Read the Petition of William Brothers setting forth That Thomas Mirrideth having preferred a petition to this Board for obtaining a Lapse patent for Six hundred and Twenty Acres of Land lying in Pasquotank belonging to him which was seated built upon and Tended before the sd Mirridith's petitions was preferr'd praying that a survey may be ordered on the said Land

Ordered That Thomas Wordley and Edward Mays do sometime before the sitting of the next Council View the said Lands and return their opinions upon Oath to this Board wither the sd Land be saved according to Law and whither the sd Land was saved before the 19th day of Novemr last

Upon a Caveatt entered agt the will of Wm Jones dec̄ed by Thomas Speirs in behalf of his wife Daughter to the said William Jones and the matter being fully heard & debated on both sides and this Board having duly weigh'd the same are of Opinion that the will of the said William Jones is Valid and was legally Executed

Ordered that the said will be proved and that Administration on the Goods and Chattles of the said William Jones deced with the will annexed be comitted to John Jones and Henry Jones two of the Eldest Sons to the deced.

Read the Petition of Thomas Luten shewing that Esther Pollock did make and put her last Will & Testament in writing bearing date the 20th day of May 1712 wherein the sd Esther did make him and his son Thomas Executors &c which will being duly Exhibited & proved in the Genereal Ct of this province held in Octor 1713 as by the records of the sd Court may appear humbly praying that Lres Testamentary may be Granted him on the sd Will et

And Thomas Pollock Esqr appearing and Alleading That he was surprised in the affair brought by the Petr and that he was wholly unprepared to answer the premisses

Ordered that the sd Thomas Pollock have time given him to answer the sd petition till the next sitting of this Board.

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Read the Petition of William Downing Shewing that he having a Tract of Land of Six hundred and fforty Acres lying on Morattock river and now in possession of the Tuskaroro Indians praying that no Lapse patent may Issue for the same

Ordered that the prayer of the Petitioner be granted

By order