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local court customs naming executors of estates
Posted by: patricia perkins (ID *****4028) Date: December 26, 2008 at 22:50:35
  of 1235

I am hoping that some local historian can help me understand why a court in 1803 would appoint executors for the estate of a widow who died and left four orphans .There does not seem to be a relationship between the deceased and the men named executors.The case is that of a young woman named Sarah Caviness,one of the various ways her name was spelled on the records was Salley Cavanist.She died in 1803 leaving four orphans they were Benjamin age 15 Susannah age 13 Elizabeth age 11 and Polly age 9.Sarah and her children arrived in Randolph Co NC about three years previous travelling to the area with other Caviness including her probable inlaws Matthew Caviness.When Sarah died a william Carr and a Rolly Spinks were named executors. the four children were bound out to various Caviness members two to Fredrick Caviness, one to Matthew Caviness one to a Craven. I need help in understanding why two men who had no apparent connection with the deceased were named as executors instead of Matthew who was probably the father of Sarahs husband William ,or Fredrick who was Matthews brother.Because of the fact that the court named William Carr as an executor ,this caused various people to claim she must have been William Carrs sister.I find this not so for many reasons one Sarah Caviness arrived in only 1799 from Mecklenburg Co along with other Caviness family members .They arrived in Randolph Co NC about 1799
with her four children.The Carrs had long been in Randolph Co .another reason I know that this Sarah was not,
Sarah Carr the sister of this William Carr is because Sarah Carr married David Fanning according to his autobiography
I did find another example of these same two men in the same year being named executor of another Randolph Co estate.What was the policy of the court re the naming of executors.


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