| Notes |
- ANALYSIS OF PETITION OF EXECUTORS OF MARTHA DUMAS:
A Petition in Equity was filed by JOSEPH CULPEPPER and JOHN CULPEPPER,
executors of the estate of MARTHA DUMAS against DAVID DUMAS,
administrator of the estate of BENJAMIN DUMAS in the Superior Court of
Rowan County, North Carolina in September, 1764. This Petition was
recently found and copied in the North Carolina Archives by Gertrude
J. Stone. The location of the record is most curious. The Archives
stamped the copy.
From: Rowan County Estate Records, 1753 to 1929
Name: Benjamin Dumas
In actuality the Petition is a pleading in the Superior Court and
belongs in its records rather than in the estate records.
All of the parties were residents of Anson County, NC. Accordingly, at
first it seems quite odd that the case was filed in Rowan County. A
knowledge of the evolution of English courts taught only in legal
history courses and of North Carolina courts is necessary to explain
the anomaly. Over the centuries a dual court system evolved in
England. "Law" courts were more rigid. "Equity" courts were more free
to fashion a remedy if the aggrieved party "had no remedy at law." The
Petition filed in this case was in equity. Apparently, there was no
equity court in Anson County and Rowan County had equity Jurisdiction
over Anson County. Hence, the case was filed in Rowan Superior Court.
Under English common law, when a husband died, his widow had dower
rights in one-third of his estate during the remainder of her life.
However, upon the death of the widow, the property enjoyed by the
widow during her lifetime would go to the heirs of the husband. The
Petition was a suit by the children of MARTHA Dumas by her first
husband, JOSEPH CULPEPPER, claiming the dower property should pass to
them under MARTHA'S last will and testament rather than to revert to
BENJAMIN DUMAS' children, by operation of law.
The Petition establishes the following:
( 1 ) BENJAMIN DUMAS died without will on October 21, 1763.
(2) MARTHA DUMAS made her will on January 23, 1764 and died the next
day on January 24, 1764.
(3) DAVID DUMAS applied for letters of administration for the estate
of BENJAMIN DUMAS on January 24, 1764.
(4) The will of MARTHA DUMAS was proved on January 26, 1764.
(5) The Petition was filed in September, 1764. However, for some
reason, a Summons was not issued until March 22, 1766. The Summons set
a court date of September 22, 1766.
The Petition sets out the verbatim text of the will of MARTHA DUMAS.
The important parts are as follows:
(1) . . . I give and bequeath to my youngest son SAMPSON CULPEPPER ore
Negro girl named Effey.
(2) .... I give and bequeath unto my son JOSEPH CULPEPPER, JOHN
CULPEPPER, AND SAMPSON CULPEPPER, AND ELIZABETH WILDER, and SARAH
CULPEPPER my well beloved children, an equal part and portion to each
and every of them, to be equally divided..."
(3) Sons JOHN and JOSEPH were named executors.
(4) Witnesses were JOHN COLSON, JOHN GIBSON and ANDREW PRESLY....
(Prepared by David H. Robertson, Stone Mountain, GA, April 21, 1987)
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1700 - 1764 (64 years)