Female, #3210, (say 1700 - 24 Jan 1764)
|Birth*||say 1700||Martha was born say 1700.|
|Marriage*||say 1721||She married Joseph Culpepper of Edgecombe Co., NC say 1721.|
|Marriage||circa 1754||She married Benjamin Dumas circa 1754.|
|Death*||24 Jan 1764||She died at Anson Co., North Carolina, on 24 Jan 1764.|
|Biography*||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 1ife. 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.
|Research note*||17 Sep 2007||Some have speculated that Martha might have been Martha Mallory, since she had a grandson named Joseph Mallory Culpepper. However, as a Mallory researcher, and a descendant of Roger Mallory, immigrant to Virginia, I have found no evidence of this. Martha was probably from one of the Norfolk families who lived near the Culpeppers, or from an early Bertie County, NC family. No early Mallorys lived in either place.1|
|Joseph Culpepper of Edgecombe Co., NC (say 1696 - 1745)|
|Charts||LWG / Clarissa Eugenia Culpepper Griffin (Lew Griffin's gtgm): Ancestral Chart|
|Last Edited||26 Oct 2007|
- Lewis W. Griffin Jr. (#47), e-mail address.