[APG Public List] Help with estate sales document

Rondina Muncy rondina.muncy at gmail.com
Sat Sep 19 11:24:41 MDT 2009


Mag,

This "Concurred" document indicates an estate sale and the included the
estate settlement of amounts due from others as well as disbursements of
sums owed. The closest term in Black's Law (4th Ed.) that I am finding is
"concursus," which in civil law means "running together." The definition
goes on to state that "concursus creditorum" is a conflict among creditors.
This term may have roots in English law, so hopefully someone will jump in
and elaborate if it does. I also checked Helen Leary's _North Carolina
Research, Genealogy and Local History_ (Raleigh: North Carolina Genealogical
Society, 1996) for the term. If you don't have this volume, I highly
recommend it.

My way of determining who was at the estate sale would be to first use court
records to determine where the two Sam West men lived. Their land
descriptions in deeds, wills and probate packages would include terms such
as "on the waters of" (creeks/rivers)and "adjoining" or "bounding"
(neighbors). The tax records "should" also be using these terms. After
determining their locations, I would locate the property of the deceased.
How close was the land of these two men to each other and to the deceased?
It is doubtful that a man would travel the length of a county to attend an
estate sale, however, you can only 'infer' that the man attending the estate
sale is one rather than the other. The purchase of the cradle is a red flag
that this is the younger man. The location of the younger man's property
compared to the older man's may have him living within a reasonable distance
from the deceased that is added evidence that Sam West (the younger) was the
man making these purchases. You will never be 100 percent sure, however.

I have never heard of a scythe having a cradle. I used to own one and it
certainly did not have one. Considering the age of the younger man, I think
the purchase of the cradle makes perfect sense.

You definitely will need to get a new copy of the document. It contains your
evidence.

I'm sure if I'm incorrect about any of this, someone will correct me.

Rondina

______________________
Rondina P. Muncy
Ancestral Analysis
2960 Trail Lake Drive
Grapevine, Texas 76051
817.481.5902
rondina.muncy at gmail.com
www.ancestralanalysis.com


On Sat, Sep 19, 2009 at 9:54 AM, MFP <courthouseresearcher at gmail.com> wrote:

> Duplin County, North Carolina, 15 May 1800:
> Found among estates papers of Thomas JAMES was a document entitled
> Concurred. The document designated Concurred contained a listing of names
> and amounts of money paid to the listed individuals. Google has not defined
> concurred as used in this context so I am looking for meaning of that word
> in 1800.
>
> Also, among those listed in Concurred was a Sam WEST who purchased a
> hatchet, an axe and a sith (scythe) and cradle. Sam WEST was also paid cash
> for services rendered (Sam's type of service was not listed) on three
> separate dates. Sam also bought corn from the estate.
>
> In Duplin County in 1800 there were two WEST men named Sam. Sam, the elder,
> was born before 1753 and died before 1810, or left the area before 1810. On
> the Duplin County original tax lists of 1808 Samuel WEST was exempted from
> paying a poll tax. This exemption was extended to men aged 50 and older.
>
> Sam, the younger, was born 1774-1784. It seems logical the younger Sam WEST
> would have been the purchaser of the hatchet, axe and scythe and cradle, but
> again, I am not certain that sith [sic] and cradle are one instrument such
> as a sith with its storage place, cradle, or whether the sith was one item
> and the cradle was a baby's bed.
>
> I am seeking guidance in determination of which of the two WEST men named
> Sam might have been the Sam named in Concurred.
>
> Regrettably, I left my documents on corner of the table where my grandson
> was helping me "cook", so am unable to scan and send copy of this document
> for review. If necessary, in order to obtain help with these questions, I
> will obtain another copy of Thomas James's estates papers.
>
> Any guidance appreciated.
>
> Mag
>
>
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