[Excerpts from Loose Estate Papers, Caswell Co., NC, NC Archives] [transcribed & provided by Nancy Murphy, joenancy@sprynet.com, 18 Oct 2001] LOOSE ESTATE RECORDS Call # at NC Archives - C.R. 202.508 (1)-(106), Box # 63 Some notes, and full transcriptions, made from Murphy Records in the Loose Estate Records on file in the North Carolina Archives, Raleigh, North Carolina. Page 263, Book of Orders of Decrees, Caswell Co.: John Murphy died intestate 25 June 1876 in Caswell Co., NC, leaving his children: Amelia - intermarried with John C. Murphy Elizabeth - intermarried with John McDade Henry J. W. H. Mary intermarried with W. Buchanan and James C. Smith and Wm. Smith (the last a minor whose guardian is Harvey Hughes), his grandchildren, both being the only children of a deceased child of John Murphy. John Murphy had 200 Acres of land on Hyco Creek in Caswell Co. and 179 Acres in Orange County (NC) on Staggs Creek. * * * * * * * * * * * * On a paper dated March 1887: E. R. Smith states that Chandler Smith (probably the James C. Smith noted above) and William Smith are not residents of NC and cannot be found. * * * * * * * * * * * * From another paper in the file: Chandler Smith and William Smith, children of Harvey Smith, who intermarried with ________ Murphy (copied just as read - her name never given), a daughter of John Murphy and a brother of John Murphy, dec'd, are heirs of the said John Murphy. * * * * * * * * * * * * JONATHAN MURPHY October 1863 Petition of Ashal McDade and wife Charlotte, Wm. McDade infant, lists the following as children of Jonathan Murphy, dec'd., by the their guardian, Dudley Y. Murphy: Mary A. Murphy Susan S. Murphy Lucinda C. Murphy Sally P. Murphy Nancy L. Murphy The following stated they were tenants in common of slaves held by John Murphy, Sen.: William Murphy Joseph Murphy W. G. Wright & wife Nancy David Evans & wife Lilla John C. Murphy Dudley Y. Murphy * * * * * * * * * * * * Note at top of page said this list is from (Caswell Co.) Book C, pages 387, 388, 389: Inventory & list of Personal property, made by E. R. Smith, Admr. of Gabriel Murphey, dec'd. Estate was worth a total of $182.59 Listed on the accounts: Basil Murphy was paid $7.52 for hauling * * * * * * * * * * * * Recorded Caswell County, Book E, pg 144: Sale of items from Estate of William Murphy, dec'd., 1804: sold to Lucy Murphy, widow James Murphy - a gun, 5 hogs, 2 cows John Murphy - 5 hogs Other names mentioned but these were the only Murphy names. * * * * * * * * * * * * Basil Murphy & Nicey Murphy & Others. Petition to sell land for Partition Basil Murphy & Nicey Murphy and others - Petitioners: Your pertitioner shows unto the Court that Gabriel Murphy, late of Caswell County, North Carolina, died intestate in the year 1886 in said county and left no wife or child or descendant of any deceased child, but left as his only heir at law, your petitioner Basil Murphy & other defendants: Nicey Murphy, a sister; Stephen Murphy, a brother who moved to Mississippi & whose residence is unknown; William Murphy, a brother, who lives in Tennessee; James Murphy, a brother, who went to Missouri & whose residence is unknown; and the following children of John Murphy, who died before the said Gabriel Murphy - to wit: William Murphy, who lives in Caswell Co.; Jackson Murphy, who lives in Orange County; Bettie Murphy McDade (Murphy) wife of Mitchell McDade, who lives in Orange; Willie Ann Murphy, wife of John C. Murphy who lives in Orange; and Mary Murphy, who intermarried with Washington Buchanan who went west, & whose residence is unknown - upon whom his real Estate descended between them, to be divided according to their respective rights as tenants. Your petitioner further shows that the said intestate, at the time of his death, was siezed in fee simple of a certain (tract) of land situ(ate)d in the County of Caswell & State aforesaid, on Lynch's Creek, adjoining the lands of Wm. Warren, Thomas Malone, Jas Fullerton & Lorenzo Baynes & containing one hundred & fifteen acres & known as the Gabriel Murphy tract. And Your petitioner further shows that he with the defendants are entitled to have partition of said land made amongst them according to their respective rights & entered; but owing to the size of said tract of land, number of the parties interested & e(tc) & other Causes, it is impossible that actual partition thereof can be made in kind to the parties interested. Your petitioners therefore pray the Court to order a Sale of said land on such time as the Court shall deem just & reasonable & that Court will appoint a suitable person as commissioner to make sale & that the proceeds be divided amongst plaintiff & defendants according to their respective interest in said land & may be paid to or secured for them according to law & the course of this court & your petitioner & e. Watt & Withers (?), Attnys for Pet Basil Murphy & Nicey Murphy & others - Order of Sale This Cause coming on to be heard repar the petition and the affidavits filed and it appearing to the Court that the petitioner & defendants are tenants in common as heirs at law of Gabriel Murphy & the land described in the petition; and it further appearing to the Court that actual partition cannot be made without unjury to the parties, it is therefore ordered & decreed that E. R. Smith be appointed Special Commissoner, who after thirty days advertisement in a newspaper published in Yanceyville, in said County & called the "Caswell News" & by hand bills posted at the Courthouse door in Yanceyville & four or more public places in said County, he sell said tract of land, upon premises, at public auction, to the highest bidder upon the following terms: one-third cash, balance on six months credit, purchaser giving any bond bearing interest from sale till retain & until payment of purchase money & that he report his proceedings here according to law. Spencer B. Adams, CSC This Oct 11th, 1886 * * * * * * * * * * * * Recorded on Pages 562 & 563, Book A. State of North Carolina, In the Superior Court of Caswell County Basil Murphy vs. Nicy Murphy, William Murphy, Jackson Murphy, Mitchell McDade, and wife, Betty McDade, John C. Murphy, & wife, W. A. Murphy, Washington Buchanan, & wife, Mary Buchanan, Stephen Murphy, Wm. Murphy and James Murphy. Notice of Summons for relief. Summons issued in the above entitled cause August 21st, 1886, and is returnable before the Clerk of the Superior Court at his office in the town of Yanceyville, County and State aforesaid on the 11th day of Oct 1886 when and where the defendants are required to appear and answer or demur to the complaint which will be filed in said office within ten days from the date of this notice. The purpose of this action and the relief demanded is to obtain an order to sell he lands for partition, of which the late Gabriel Murphy died seized of, the same being situated in Caswell Co. & State aforesaid on the waters of Lynch's Creek adjoining the lands of Wm. Warren and others, and containing one hundred and fifteen acres known as the Gabriel Murphy tract of land. In this action upon the affidavit of Bazel Murphy, the Plaintiff, it is ordered that service of the summons upon the Defendants Washington Buchanan, & wife Mary Buchanan, Stephen Murphy, William Murphy and James Murphy, who are non-residents be made by publishing a notice of this action giving title and purpose of the same and require said defendants to appear to answer or demur to the complaint which will be deposited in the office of the Clerk of the Superior Court within ten days from the date of this order once a week for six weeks successively in the Caswell News, a newspaper published in the town of Yanceyville, and State & County aforesaid, and that said publication when made shall be equivalent to a personal summons of said Defendants. Given under my hand and official seal This 21st day of August 1886. Spencer B. Adams Clerk of the Superior Court Caswell County * * * * * * * * * * * * Basil Murphy & Nicey Murphy & Others Affidavits of non-residents & an order of for Publication Superior Court of Caswell County: Nicey Murphy, Basil Murphy, Plt. vs William Murphy & others: Basil Murphy, being duly sworn, says that Mary Buchanan & Washington Buchanan, her husband; Stephen Murphy; William Murphy; and James Murphy are not residents of this state; and he further says that the said Mary Buchanan & Washington Buchanan, William Murphy, when last heard from lived in Tennessee; Stephen Murphy in Mississippi, and James Murphy in Missouri. (signed) Basel Murphey Subscribed & Sworn to before me, S. B. Adams, Clk. of Superior Court of Caswell County. (Signed) S. B. Adams, CpC * * * * * * * * * * * * The following document was a final answer to other documents concerning the same matter. From family records, it appears that G(abriel) L(afayette) Murphy - son of Basil & Martha "Patsey" Murphey - moved from Davie Co., NC, to Caswell Co., NC, to care for his Aunt Nicy Murphey, his Mother, and other family members. Evidently, after the death of Nicy, G. L. Murphey determined he should be compensated for his time and use of his equipment; from other papers, it appears that some of the heirs disagreed and they brought suit to block the payment. However, G.L. Murphey won his case and the estate was ordered to pay him the compensation. State of North Carolina, Superior Court, Caswell County, Spring Term 1890 (May 10, 1890) G. L. Murphey, plff. vs. H. J. Murphey, Admin. of Nicy Murphey, Deft. Answer: The defendant answering the complain herein says: I. That paragraph I thereof is true. II. That allegations contained in paragraph II thereof are denied; except that it is true that defendant's intestate was occasionally sick for a few days at a time for about two years preceeding her death, and that during said sickness the plaintiff as well as other friends and relations, gave some attention to said intestate, such as is customary between friends and kinds people in such sickness; but defendant avows that it was not the purpose of the plaintiff when said services were rendered to make any charge therefor, as it was rendered gratuitiously and that he has no right now so to do. III. That article III thereof is true. For a further defence the defendant alleges I. That said plaintiff is indebted to his intestate in divers sums, for money borrowed of her aggregating about One hundred and Twenty five Dollars. II. That for the years 1887, 1888, and 1889, the plaintiff cultivated the farm of said intestate, using his houses, stock and tools necessary in the cultivation of same for said years, and that the rent of said farm, houses, stock and tools were well worth one hundred dollars per year and that no part of said three years rent has ever been paid, but that he is still due therefor Three hundred Dollars with interest on $100 from January 1st 1888, with interest on $100 from January 1st 1889, and with interest on $100 from January 1st 1890 till paid. Wherefore defendant demands judgment that the plaintiff take noth ing by this action, and that the defendant recover of the plaintiff the sum of $275, the further sum of $300 with interest on said $275 from June 15th, 1889, with interest $100 from Jany 1st 1888, with interest $100 from Jany 1st 1889 and interest on 100 from Jany 1st 1890 and the cost of this action. Johnston & Johnston Attys for Deft: State of N.C., Caswell County: H. J. Murphey, the defendant above named being duly sworn says: That the facts set forth in the foregoing answer are true of his own knowledge, except as to those matters stated on informatioon and belief; and as to those matters, he believes it to be true. Signed: H. J. Murphy Sworn to before me, This April 1890. J. A. Johnston, J.P. * * * * * * * * * * * * G. L. Murphy's lawsuit against Jack Murphy, Adm. of Nicey Murphey, said that Nicey Murphey died 15 June 1889 and that she died intestate. * * * * * * * * * * * *