Sussex-Statewide County DE Archives Court.....Hearn, Thomas September 26, 1833 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/de/defiles.htm ************************************************ File contributed for use in USGenWeb Archives by: James B. Hearn Hearn29@msn.com August 25, 2009, 5:06 pm Source: Orphans Court, 1737-1847, See 1833, Pg. 270 Written: September 26, 1833 Orphan's Court 1737-1847, see 1833, pg. 270. Thomas Hearn left no will. His property and descendants are listed in the Orphans Court Records at the County Seat in Georgetown, Delaware. Thomas died Sept. 24, 1832 . ( Words are copied and spelled as seen in the original document.) Thomas Hearn, petition for Division of his Lands: To the honorable judges of the Orphans Court in and for the County of Sussex, the petition of James R. Hearn humbly theweth: that Thomas Hearn, late of Sussex County, died interstate, on or about the twenty-sixth day of September, one-thousand-eight-hundred-thirty-two, being at the time of his death seized in his demeaces of about two-hundred and twenty acres of land situated in Little Creek Hundred, adjoining lands of Eben Callaway, William Callaway, and others, that the said Thomas Hearn, left to survive him a widow named Sarah, since deceased, and seven children, Viz: James R. Hearn, Burton Hearn, Batson Hearn, Fernitea Hearn, Eleanor Hearn, married to Isaac Hearn, Marcellus Hearn, Sperrea Hearn, that it belongs to the said James R. Hearn, Burton Hearn, Batson Hearn, Fernitea Hearn,Isacc Hearn and Eleanor, his wife, in right of said Eleanor, Marcellus Hearn, and Sperrea Hearn to have each one part the said lands, into seven equal parts to be divided---petition therefore prays the Court to appoint five sufficient freeholders, of the County aforesaid, to go upon the land, of the said Thomas Hearn, deceased, and divide the deceases real estate equally among the children of said intestate , according to an act of the general assembly in such care made and provided and your petition will ever pray. James R. Hearn 26 September, 1833, read and Henry Bacon, Jonathan Bailey, Wm. Ellis, Wm. Knowles, and Charles Ralph appointed to divide (order issued) Report on the division and evaluation of Thomas Hearn's Land: Thomas Hearn, deceased, report on division and evaluation of his land. Sussex County: At the Orphan's Court held at Georgetown,, in and for the County of Sussex, the twenty-sixth day of September, in the year of our Lord, one-thousand-eight-hundred and thirty-three, report the application of James R. Hearn. It is presented to the Court, that Thomas Hearn,late of the County, aforesaid, deceased, died intestate on or about the twenty-sixth day of September, one-thousand-eight-hundred and thirty-two, being at the time of his death seizes in his demesne of fee of about two-hundred and twenty acres of land situated in Little Creek Hundred, adjointing lands of Eben Callaway, William Callaway, and others. That the said Thomas Hearn left to survive him a widow nameed Sarah, since deceased and seven children, Viz: James R. Hearn, Burton Hearn, Batson Hearn, Fernites Hearn, Eleanor married to Isaac Hearn, Marcellus Hearn, and Sperrea Hearn, that it belongs to the said James R. Hearn, Burton Hearn, Batson Hearn, Fernitea Hearn, Isaac Hearn and Eleanor, his wife, in right of said Eleanor, Marcellus Hearn, and Sperrea Hearn, to each one part the said lands into seven equal parts, to be divided and the said James R. Hearn by his petition prayed the court to appoint five sufficient freeholders of the County aforesaid to go upon the lands, tenements, or hereditaments of the said Thomas Hearn, deceased, and divide the said deceases real estate equally among the children of said intestate. whereupon it is considered and ordered by the Court, that Henry Bacon, Jonathan Baily, William Ellis, William Knowles, and Charles Ralph, five judicious and substantial freeholders being first sworn or affirmed and taking with them a skillful and impartial Surveyor, by them to be nominated and to be qualified, upon his solemn oath or affirmation do go to the said lands, tenements, or hereditaments, of the said intestate, Thomas Hearn, and divide the same into seven equal parts or shares-----being had to the true value of said lands tenements, hereditaments, and after the division thus made that they assign one of such shares to James R. Hearn, one of such shares to Burton Hearn, one of such shares to Batson Hearn, one of such shares to Fernitea Hearn, one of such shares to Isaac Hearn, and Eleanor, his wife, in right of said Eleanor, one of such shares to Marcellus Hearn and the remaining share to Sperrea Hearn and it is ordered by the court that if the said Henry Bacon, Jonathan Bailey, William Ellis, William Knowles, and Charles Ralph or a majority of them shall be of opinion that said lands, tenements, hereditaments, cannot be divided into the number of primary shares directed then they shall make no division , but shall appraise the same at the true value thereof in money and it is further ordered by the Court that the said freeholders or a majority of them do make ____ of their proceedings hereupon the Orphans Court duly certified under their hands with such draught or draughts annexed thereto as they may have required and of petition shall not have been made as perscribed by this order because of the opinion of the freeholders, such opinions as well as the proceedings thereupon shall be certified in the return. Edw'd L. Wells, Clerk Orphans Court. Response to petition for division of Thomas Hearn's Lands. I, Henry Bacon, one of the freeholders named in the proceeding order, hereby certifying that Jonathan Bailey, William Ellis, William Knowles, & Charles Ralph of the said freeholders was sworn by me on the Holy Evangels of Almighty God ! and I the said William Knowles named in the same order hereby certify that the said Henry Bacon, was sworn by me on the Holy Evangels of Almighty God ! Each speaking for himself that they will perform the service duly incumbent on them respectively according to the said order faithfully and impartially according to the best of their skill and judgemen, respectively. In witness whereof we the said Henry Bacon & each certifying for himself have hereunto set our hands the second day of November in the year of our Lord One-thousand-eight-hundred and thirty-three. Henry Bacon, William Knowles File at: http://files.usgwarchives.net/de/sussex/court/hearn37gwl.txt This file has been created by a form at http://www.genrecords.org/defiles/ File size: 7.1 Kb