Estate of Benjamin White




Contributed by: Shelah Portoukalian



Transcriptions of Documents found at North Carolina State Archives 
in the Loose Estate Records for 
Benjamin White Estate 1836 - Pasquotank County, NC 


This is to certify that John Thompson did at December Term of County Court 
for the Court of Pasquotank 1833 qualify as Administrator of the Estate of 
Benjamin White, Dec’d & Entered into bond in the sum of Five Hundred 
Dollars by giving assurety  Jno L. Wood and Davis Whitehurst.  
January 21, 1833.

 
(signed) James W. Hinton, Clk.

 

In obedience to the (illegible word) order of the Court to us described, we the 
undersigned went together for the purpose selling off and allotting to Mary Ann 
White, widow of Benjamin White dec’d one years support out of the Crop, Stock 
and provisions of the Estate of her dec’d husband – and did set off and allot to the
 widow aforesaid the following articles out of the Estate aforesaid to wit –

                                                                                               45.35

All the new Pork Lard & Cracklins now on hands                                            13.10 

200 lbs. Bacon        16.00                               25 Bbls. Corn                           50.00

1 Cow first choice    8.00                               1 Bed & furniture (statue)           

All the ? Flax           2.00                           6 lbs. wool                            1.50

Sugar & Coffee       10.00                              12 Bus wheat                 12.00

1500 herrings           4.50                               4 Bus salt                          4.33

10 Gal Molassas        3.30                                1 Stack fodder                 3.00

Linen wheel (stat)                                           ?

2  ? S. Potatoes plants .80                               1 Bus Irish Potatoes              1.00

3 Gal vinegar               .75                               Total                                $ 127.28 

                            $45.55

 

(signed) John B. Skinner Jr.                                     (signed) Seth Morgan

                                                                                 (signed) Nathan Morgan

 

 

 

 

 

 

State of North Carolina             Court of Pleas and Quarter Sessions

Pasquotank County                                     September Term 1838

 

To the worshipful the Justices presiding.  The petition of Albertson White of lawful 
age and of Nathan, Daniel, Seth, Mariam, Penelope, Amy & Milley White under 
the age of 21 years by Leney White their mother and (illegible word) friend.  
Respectfully (word faded) to your worships, that their father Benjamin White died 
intestate seized & possessed of a certain tract of land, situate in the said County, 
adjoining the lands of Thomas Miller, Thomas White & others containing one hundred 
& eighty acres more or less which said land descended to your petitioners on the 
death of their said father – 

Your Petitioners further show to your worships that there are several Negroes 
belonging to the Estate of their said father as yet undivided. They therefore pray your 
worships to appoint five or more commissioners to divide unto your petitioners by 
proper meter & bounds their several shares in the said land & (illegible) to divide the 
Negroes among the heirs of the said Benjamin as the law directs, & that the said 
commissioners make a due report of their proceedings in the matter to this worshipful 
court and your petitioners as in duty bound.

                                                                        Signed Albertson White

A true copy

                        Test. Stephen Charles Clk P.C.C.

 

 

 

Pasquotank County Court of                                            September Term 1838
Pleas and Quarter Sessions

To the Sheriff of Pasquotank County, Greeting:

You are hereby commanded to summons George Smithson, Rix Perry, Doctrine 
Perry Esqre., John Winslow, Thomas Miller & Israel Perry who are hereby 
appointed commissioners to divide & appropriate the lands & Negroes mentioned 
in the within petition – and duly return under their hands & (illegible) to make to this 
court – 
Witness Stephen Charles Clerk of the said Court at Elizabeth City the 4 Monday 
of September AD 1838 –

                                                                        Stephen Charles Clk P.C.C.

Issued 11 September 1838

 

 

Penelope White orphan of Benjamin

In account with Daniel White the Guardian

By wards portion of judgment vs. Albertson White Admin of Asenith White dec’d 
former Guardian at June Term 1845                                            $190.93

By interest on the same from

     June 1, 1845 to Sept 1, 1845                                         $  37.20

To 1/3 Guad Bond                                      $27.00

  “  1/3 costs of (illegible) vs. A. White Admin     1.67

  “  To 1 trunk 2.50 Cash .50                                 3.00

  “  Keeping Negro girl for 1845                 14.00

  “  Pd Judgt to (illegible)                                        10.40

  “  Interest on the above charges               4.25

  “  5 per cent comm. On R & E                                  _12.87_____________

  “  Bal. due Penelope White Sept 1, 1848      $228.13        $228.13

 

Amt Bal Due Sept 1, 1948   $181.67

 

 

State use Nathan Morgan Admin of Penelope White dec’d

Vs. Petition to a/c

Thomas Miller Admin of Dan’l White Jr. dec’d

The above case having been refer’d to the undersigned, to state the account 
begs leave to present the foregoing showing a balance of $181.67 – due the 
(illegible) Nathan Morgan Admin., on the first of Sept. 1848 – all of which is 
respectfully submitted – 

                                                                        (signed) W.W. Griffin Ref.

                                                                                     Aug 26, 1848

 

 

STATE OF NORTH CAROLINA
To the Sheriff of Pasquotank County, GREETING:

You are hereby commanded to summons Thomas Miller, Sr. Administrator 
of Daniel White  dec’d (if to be found in your bailiwick,), so that you have him 
before the Justices of the Court of Pleas and Quarter Sessions, at the next 
Court, to be held for the County of Pasquotank, at the Court House in Elizabeth 
City, on the first Monday in June next, then and there to answer unto the State 
of North Carolina to the use of Nathan Morgan Administrator of Penelope White 
dec’d of a plea that he render unto her the sum of Twelve hundred dollars which 
to his he owes and desains to her damages six pence.

Herein fail not, and have you then and there this Writ.  Witness William W. 
Griffin, Clerk of our said Court, at Elizabeth City, the first Monday of March in 
the 72 year of our Independence, Anno Domini, 1848.

Issued the 7 day of June 1848.

 

 

                                                (signed) W.W. Griffin, Clk.

 

 

Written down the side: I hereby find myself, heirs, executors and administrators, 
jointly and severally for the costs of this suit.  (signed) G. W. Brooks

 

State of North Carolina                       In Equity Spring

Pasquotank County                              Term 1849

 

To the Honorable the Judge of the Superior Court of Equity aforesaid, the petition 
of Axey and Milisent White infants by their Guardian Joseph White, and of Margaret 
White infant and child of Nathan White dec’d by her Guardian Jeremiah Wilcox, and 
Albertson and Israel White infants and children of Henry White & wife Julia, now 
dec’d by their Guardian Henry White and of Cynthia White of full age devises of Daniel 
White, dec’d  against Martha White, Jane White, Benjamin White and John White 
infants and children of Albertson White dec’d, humbly complaining respectfully 
showeth unto your Honor

That your petitioners are tenants in common of unequal interest together with the 
said infants, defendents – Martha, Jane, John and Benjamin, of the following tract 
or parcel of land lying in the County of Pasquotank and bounded severally as follows   
the first bounded by the lands formerly of Seth White dec’d, and the lands of his 
petitioner Milisent of her fathers land and the lands of Axey Morgan, containing 
nine and ˝ (9 ˝) acres it being the share and portion of the lands of Benjamin 
White dec’d   Set apart to Penelope White dec’d one of his heirs at law, the other 
tract bounded by the lands of William T. White.  The lands which were of Albertson 
White dec’d and others containing about Twenty acres (20) it being that portion of 
the land of Benjamin White dec’d which was set apart to Mary Ann White dec’d as 
one of his heirs at law.  They show your Honor that on the death of the said Mary 
Ann and Penelope, the two tracts above descended to your petitions and the 
defendants as their only heirs at law in proportions as follows, to wit one sixth part 
thereof, the petitioner Axey, one sixth part thereof to the petitioner Milisent, , one 
sixth part thereof to the petitioner Margaret in right of her dec’d father Nathan, one 
sixth part thereof to the petitioner Cynthia as devisee of her late husband Daniel 
White dec’d, one sixth part thereof to the petitioners Albertson and Israel White in 
right of their mother Julia White, dec’d and the other remaining sixth part thereof to 
the said defendants Martha, Jane, Benjamin and John White in right of their father 
Albertson White dec’d.  Your petitioners further show your Honor that the tracts of 
land are so situated and located that a fair rent cannot be obtained from them that 
for the last several years they have a very small rent and that this rent for them 
continues to (illegible word) and that the interest of all interested as owners of said 
land would be much promoted by a sale of both tracts described in this petition.  
That said tract would sell for (illegible word) value, they further show that the said 
defendants Martha, Jane, John and Benjamin are infants without a Guardian to 
protect their interest in this proceeding, To this end therefore that the interests of 
your petitioners may be promoted and further enable your petitioners to have and 
obtain a fair division of the lands described in this petition (and as a fair division 
cannot be had of the same in any other way on account of the quality of land, your 
petitioners pray your Honor to appoint some suitable and descent person Guardian 
ad litem of the said defendants Martha, Jane, John & Benjamin White and that you 
will order a copy of this your petitioners petition to issue to the proper officer to be 
served on said Guardian by you appointed and a subpoena calling upon him to 
come into this Honorable Court and defend the rights and interests of the said 
defendants, Martha, Jane, John and Benjamin, in this proceeding, and further that 
your Honor will order a sale of the tracts of land mentioned and described in this 
petition for the reasons and purposes above set forth,  and such terms as to your 
Honor may seem proper and that you will from time to time make such other and 
further orders and decrees in this procedure as may seem just and proper and as 
in duty bound your petitioners will ever pray.

 

                                               (signed) G. W. Brooks, AOL

                                                            For Petitioners

 

 

Thomas Miller makes oath that he is acquainted with the two tracts of land described 
in this petition that he believes that the said lands cannot be divided among all the 
petitions without material injury to some of the said petitioners or defendants.  That 
the said lands would sell for its value if sold on a reasonable credit say one or two 
years and by a sale of the same and such a credit the interest of all the persons 
interested in said land would be very much advanced.

April 27th 1849                              (signed) Thomas Miller

Sworn & subscribed

Before me 

(signed) John B. Skinner Jr.

 

 

Upon the hearing of the foregoing petitions and affidavit it was ordered and decreed that 
the prayers of the petitioners be granted and that John C. Ehringhaus be appointed 
Guardian ad litem to Martha White, Jane White, Benjamin White and John White orphans 
& heirs at law of Albertson White dec’d.

 

 

 

 

State of North Carolina

 

I, William W. Griffin, Clerk of the Court of Pleas and Quarter Sessions held for the 
County of Pasquotank, do certify that at Sept. Term 1850 of the court aforesaid – 
Joseph White was reappointed guardian to Axey and Malicent White orphans of 
Benjamin White and that he accepted the appointment & came into Court and gave 
his bond in this behalf, in the sum of Two Thousand Dollars with Daniel White and 
Wilson S. Winslow his sureties, which was in accordance with the order of said Court.  
In witness whereof I have hereunto affixed the Seal of said Court – at Elizabeth City the 
2nd September A.D. 1850.

 

                                                             (signed) W.W. Griffin, Clk.

 

 

Bond $2000 received at Sept Term 1850.

 

 

Axey White – 1/6

Malisent White – 1/6

Daniel White – 1/6

Nathan White – 1/6     

Julia White – 1/6

Albertson Whites children: Martha

                                         Jane

                                            John

                                            Benj White

John Wood Guardian

John Thompson, Admin   Benj White

 

(Illegible) January the 7, 1853 from John C. Ehringhaus, Clerk ?Mster of the Court of 
Equity, twenty two Dollars& 12 Cents being the share of Martha, Jane & John orphans 
of Albertson White of the sale of land sold on petition of Margaret, Axey, Milisent, 
Albertson & Israel White filed at Spring Term 1849.  (signed) John L. Wood as Guardian






These are to certify that John L. Wood at December Term 1852 was by the County 
Court appointed Guardian to Martha, James and John White, orphans of Albertson 
White Dec’d  and further qualified as by law directed by entering into  bond in the sum 
of Three thousand Dollars with J. Wilcox and John Thompson (illegible word)

Jany 1 1853                Test Jas. W. Hinton Clerk (signed)





State of North Carolina

Pasquotank County

I Wm Newbold Sheriff of said county accompanied by the following commissioners 
met at the home of Alfred Lane on the 7th of Jany 1853 to wit Rix Perry, Jno H Perry,  
D R Perry & Benga F. Mullen command by me to divide & allot between the heirs 
of Benjamin White dec’d the following Negros to wit woman Hagen valued at $600  
Boy lam at $150  Frank $500  Allen $300  & girl Victoria $150 who being duly 
sworn did allot to Alfred Lane & wife Axcey  woman Hagen & Boy lam they allot 
to Nelly White Boy Frank Boy Allen & girl Victoria this the 7th of Jany 1953 given 
under our lands & seal 

 

Signed in presant                                                   Doctrine R. Perry  seal (signed)

Of Wm Newbold, Sheriff                                          John H. Perry        seal (signed)

                                                                              Rix Perry        seal (signed)

                                                                               Benj F. Mullen      seal (signed)






Decr. Term 1852

Upon the petition of Alfred Land & wife and Melly White infant by her Guardian 
Joseph White to divide certain negros therein valued.  The prayer of the Petitioners 
was granted and it was ordered that Benja Mullen – D.R. Perry – Rix Perry & 
John H. Perry be appointed commissioners to make division in said Negroes 
according to law and  make report to the next term of this Court.

                                                                        Test.

(illegible word) Jany 7, 1853                            J.W. Hinton, Clk. (signed)




State of N. Carolina             Court of Pleas & Quarter Sessions

Pasquotank County             March Term 1853

 

It is ordered by the Court that in answer to the Petition of A. S. Lane 
& wife Et als to the  Court to sell slave Jenny, that the sd. slave be 
offered at public sale before the Court House door in the Town of Eliz 
City – on Monday the 26th of April next in credit of six months to the 
highest bidder & if no bid shall then & there be made then sd. Slave 
shall be offered to the lowest bidder; and the Court doth appoint Joseph 
White commissioner to make sd. Sale & make his report to the next 
Term of the Court –

Issued April 1, 1853                                           Test. James W. Hinton Clk.




North Carolina

Pasquotank County

To the Worshipful the justice of the Court of Pleas & Quarter Sessions 
of the County aforesaid.

In obedience to the (illegible) order to me directed I proceeded to 
advertise the Slave Jinny to be sold on Monday, the 26th of April before 
the Court House door in Elizabeth City and pursuant to said advertisement 
did offer at public sale to the highest bidder said slave Jinny.  Where and 
When

Dr. R. Pee(illegible)t was duly declared to be the purchased at the sum of 
five dollars which was the best & highest bid then and there offered for said 
slave.  The said slave Jinny being present I delivered her to the said 
purchaser, he having executed his note for the purchase money.  All of 
which is respectfully submitted.

                                                                        Joseph White Commissioner (signed)

 

Note from transcriber: No year included in text, but believed to be 1853 based on 
previous entry.


Cathrine A. White, oph. Of Benajmin. In account with David Morgan, Guardian

By amt. bal. due 12/1/185                  -          $73.31

“    Interest on the same to Sept 1, 1851 -             3.29

“    Land rent for 1850 $5 Int.   .20              -                 5.20

To This return .20 (illegible) on $8.69       .43               .63

Balance due orphan Sept 1, 1851     $81.17            _______

                                                            $81.80    $81.80 


John Thompson, Administrator

 

June 8, 1853 – Received from Wm Charles $65.40 + 3.92 interest to 6/8/1854

                        Received from W. Morgan $8.40 + .26 interest to 6/8/1854

                        Received from J.C. Ehringhaus $4.50 + .34 interest to 6/8/1854

                        Received from J. White $2.67 + .19 interest to 6/8/1854

                        Received from Jno L. Wood $3.62 ˝  + .15 interest to 6/8/1854

 

July 8, 1853 -            Paid C.C. Jackson $14.50 + .79 interest to 6/8/1854

                        Paid Daniel White $3.50 + .16 interest to 6/8/1854

                        Paid Wm. F. Martin, Atty $5.00

                        Paid himself? commission on R & E $5.66

Balance due Estate June 8, 1854 - $89.45



Rec’d May 13, 1854 of Jno. Thompson, Admin. of Benj White dec’d Fifty nine 
dollars & 84/100 in full of above balance in his hands – of which sum I am 
entitled to $14.96 being one fourth as the ? of Rix Bundy, who was entitled in 
right of his wife – and to the other three fourths I am entitled as the Guardian 
of Martha, Jane & John White and receive the same for ? $43.88 – and in 
consideration of said sum so paid I discharge the said Thompson as Admin. 
from further liability – Jon L. Wood as guardian.

OBSERVATIONS FROM ESTATE RECORDS OF BENJAMIN WHITE 1836

Axey White becomes wife of Alfred Lane 

Margaret is called “Milly”  (interests are petitioned by her guardian Joseph White) 
Mary Carolina White (so named in summons to Daniel White, Joseph White and 
W.W. Griffin dtd May 22, 1854)

 

In Court petition in Pasquotank Court of Pleas and Quarter Sessions, Dec. Term 
1852, the following is noted:  These petitioners are asking for their portion of the 
proceeds from the sale of slaves from the Benjamin White estate.



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