Hayes Collection

[30 Oct 1712]

North Carolina// By the Hon.ble the Governour and Counsile—

You are forth with to measure or cause to be admeasured and Laid out unto William Browns Tracts of Land Conteyning 1 to 80 — acres being due unto the Said Wm Brown for the payment of 2[S]—6d for every fifty acres payed to the Honble the Governour— pursuant to an order of Councele Dated November 5th 1705—

Observing the Lords proprietors Instructions to the Surveyor Generall for r[illegible]ing out of Lands and a plat and Certificat — Thereof you are to return into the Secretary Office and for your So doing this shall be your Warrant.

Given under our hand and Seale of the Collony this 17 day of May anno Dom 1712

Edward Hyde N: Chevin J Peterson T: Knight Wm Rood

[30 October 1712] North Carolina ss: By the Hon.ble the Governour and Councile

You are forthwith to measure or cause to be admeasured and laid out unto Wm. Brown Two Tracts of Land Containing 1280 acres being due unto the said Wm Brown for the paymt of [illegible] for every [illegible] acres payed to the Honble the {Governour?] persuant to an order of [Counsil?][illegible] [illegible] Observing the Lords Proprietory Instruction to the Surveyr Generall for funing out of Lands and a Plat & Certificate thereof you are to return into the Secretarys Office and for your so doing this shall be your Warrant.

Given under our hand and Seal of this Collony this 7th day of Anno Dom 1712

Edward Hyde Wm Rood N Chevin J [Pehnron?] G. Knight

[29 July 1712] No. Carolina By the Hon.ble the Govr and Counisle you are furthwith to measure or cause to be admeasured and Layid out unto William [illegible] Four Tracts of Land containening two [thousand?] and sixty acres of Land being due unto the Said William [illegible] for two shillings pence paid to the Honble the Good for each fifty acres pursuant to an Order of [Counstable?] dated Novbr [illegible] [1709] [illegible] Observeing the Lds Prosls Instructions to Surveyor Generall for running out of Lands and a plat and Certificat thereof you are to return into the Sec.y office and for your so doeing shall be your Warrant Given under our hand and of the Colloney this 20th day of May - Anno Do Edward [illegible] N Chevin Tho. Pollark Tho. Boyd Neil [illegible]

hence No. 20 W. 800 along his ownBy virtue of the within Warrant Surveyd for William Mauleforn, Tract of Land Lying on the South Side of Moratock River Called Calladonia the first Tract Contayning six hundred and forty acres beginins at the mouth of a Great [illegible] Swamp next below [illegible] path. Then up the Said Swamp 170 pole toa [illegible] Thence No. 20 W. 800 poles to an Oak on John Lewis Line then allong his Line [illegible] to an Elm onthe River Thence the meanders of the River to the first [station?] Surveyed may the 20th 1712.

The Second Tract Conteyning Six hundred and forty acres Begins at an oak on John [Lewis?} Line then No. 60 W. 170 pole to a Oak Thence So. 20 E 800 pole to a Cypress in Cypress Swam[p] thence along the Swamp to [illegible] Cypress his own Corner Tree -- hence No. 20 W. 800 along his own Line to the first Station Surveyd May 20th.

[illegible] Third Survey Conteyning Six hundred and forty acres Begins at an oak on John [Lewis Line] his own Corner Tree Thence No. 60 W. 100 pole to a Hickroy Thence 40 pole to a Cypress on the Great Cypress Swamp then the meanders of [illegible] Swamp to [illegible] marked Cypress his own Corner Tree Then No. 20 W 800 [pole?] to the first Station. Surveyd May [25th?] 1712

[illegible] fourth Survey Conteyning Six hundred and forty acres Begins at a Red Oak [illegible] Lewis Corner Tree [illegible] Wm. Browns Side Line Then So. 15 W. to the Cypress -- [illegible] Then Down along Ditto Swamp to a [marked?] Red Cypress his own Corner Tree Then [illegible] his own Line No. 340 pole to an Oak [illegible] of his Corner Trees. Then So. 60 E pole to an Oak [illegible] widing Tree between him and John Lewis Then along John [illegible] Line to the first Station. The above four Surveys were [illegible] by my Deputy [illegible] Spescfyed and returned this 29th day of July 1712 per me. Tho Pollock

or Patent for the said Land who then Absolutely refused to Guard any Patents but this Deponant soon after being Informed that Sr. Richard was Prevailed upon to Grant Lands he then applied himself to Mr. Edward Mosely and asked him if he Could help him to a patent that Mr. Moseley [illegible] but they are too dear for you, I cant Take less than Seventy Pounds per Thousand Acres, but I can tell you where You may be them Cheaper and then Recommended this Deponant to Mr. William Little then Receiver General, to whom this Deponant applyed and Bought a Patent from him for Ten Thousand One Hundred and Seventy five Acres of Land --- bearing Dakin April One Thousand seven hundred and Thirty at the Rate of Thirty Pounds for each Thousand Acres which were the Same Lands he Purchased of the Indians as aforesaid and this Deponant further Saith not [&c. ?]

Martin Frank 19 June 1736

The Surveyor General [dd?] in [Plots?] of Certain Lands [illegible] surveyed Pursuant to an Order of this board Viz a Tract of Martin frank's containing according to his Patent [10175?] Acrews but by the Survyor Generals report 16476 Acres Each [6301?] the said Franks in Sept. last Surrendered the said Pattent to the Governor in Council as invalid being found after his Majestys [entire line illegible due to damage] New Warrant for each Patent thereof as should be [illegible] Convenient which are singly [illegible] granted for 5000 ac. [Illegible]

[Umbrage?] whereof it appears [illegible] the [afore---?] that the said Frank did fraudulently [illegible] to hold 11301 being the [illegible] above added to [this?] [@?] 5000

[writing in left margin is illegible]

I am sorry the Chief Justice is in such a poor state of health, if he is able to go to Cape Fear in Agust I shall be glade to wait on him at Mr Warburton's if I knew his time

To

Samuel Johnston Esqr.

in

By Dundee

Edenton

[D.?] [?] 28th [?] 1757

[To?]

Samuel Johnston Esq Attorney at Law Edenton

Chas. Town So Carolina Feby: 16th 1769

Sir

I should be much obliged to you to inform me what you have done about [that?] Bond of the late Governor Johnstons, due to Mr Simond of London which I shewed you when here; as I have lately recd a letter from that Gentleman, in which he blames me for my neglect therein, therefore desire the favour you will let me know by the first opportunity what directions you have given [Mr?] [Laurens?] thereon who acquaints me he writes to you this day on the same subject.

I remain Sir Yr most Obedt Hmble Servant Geo: Saxby

To Saml Johnston Esqr.

for sale is not confined to his real property, but is a devise of his Plantations Negroes and Estate of what kind or nature soever in North Carolina. Whom he declares the Trust of the Devise he directs that the Trustees shall [illegible] of his said Estate both real and personal. He directs the Sale to be as soon as convenientlly can be after his Death, and in the Clause by which he appoints Collet his Executor in North Carolina of all his affairs know he describes him as authorized to act & so dispose and sell every part and parcell thereof. From these Circumstances it is evident that the Testator intended his real & personal property in Carolina to be one fund to answer the Disposition he had in view. He intended that at all Events the whole should be [illegible] into money, & was anxious that every part & parcell thereof shd. be sold by Collet. Whom this first [Invation??] of his shod. be accomplished the money arising by the sale of the whole property of both kinds wod. become one undistinguished mass of money which is personal property. Of this Fund he had a view to dispose by some writing or writings to be afterwards [??resolved] by him either in the whole or in part and therefore directs the money to arise from such Sale to be applied as he should by writing direct. But in as much as he might or might not dispose of the whole by such writing, he therefore added immediately a residuary Clause, not meaning to die intestate as to any part of his property, which residuary Clause is a Disposition of his personal Estate whatsoever and whomsoever which obviously includes in the Description that residue of the general fund of money which should be in Collets hand, and shod. be undisposed of by a subsequent writing. and as no such subsequent writing was made the whole falls within the Description. This appears to me to be the plain understanding of the Testators Interest and that the whole fund if a sale had been made wod. belong to the Testators Widow - As she had the absolute right to the money arising from the sale it was in her option whether the sale shod. take place or not. It appears that she elected that no Sale shod. be made in her Life time by her entering upon & enjoying the Plantation as long as she lived. If so much of the Fund as was real property descendible to the heir had descended as a resulting Trust the Widow was a wrongfull possessor of the real Estate from the Time of the Death of her husband in 1749 and from the Time when her eldest son attained 21, the Statute of Limitations [??was] agst. him & would have barred him if he had had a legal Title and I think a Court of Equity after a quiet possession in his Widow without Interruption either by the Trustees or the son from 1749 to 1784 when she died being 35 years wod. hardly have established a Trust upon a doubtfull case. I therefore think that the Widow is to be considered as Owner of the Carolina Estate from 1749 to 1784 when she died and that her Son cannot claim any otherwise than under her Will.