Sussex 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 January 3, 2010, 12:03 pm Source: Libro Q, 1833, Pgs 368, 369, 370 & 371. Written: September 26, 1833 Recorded: March 11, 1834 Ref: Georgetown, Delaware, Sussex County Court House,, Recorder of Chancery records, book: Libro Q, 1833, pgs. 368,369, 370 & 371. A Report on the Division and Evaluation of Thomas Hearn's land was filed: Thomas Hearn, dec'd report on Division and valuation of his land. Sussex County: At an Orphans 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 seized in his demise, of fee, 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 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 have 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 deceased 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, or herediments, 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 Fernitia 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 Baily, William Ellis, William Knowles and Charles Ralph or a majority of them shall be of opinion that said lands, tenements, or herediments cannot be divided into the number of primary shares directed without detriment to the parties 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 to the next Orphans Court to be held at Georgetown and for Sussex county duly certified under their hands with such draughter or draughts annexed thereto, as they may have required and of petition shall not have been made as prescribed 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. I, Henry Bacon, one of the Freeholders named in the proceedings order, hereby certifying that Jonathan Baily, William Ellis, William Knowles, and Charles Ralph, of the said Freeholders were sworn by me on the Holy Evangels of Almighty God, each speaking for himself that they will perform the service duly incumbent upon them respectively according to the said order faithfully and impartially ,according to the best of their skill and judgment respectively . In witness, whereof, we the said Henry Bacon and 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 Sussex County: I, Henry Bacon, one of the Freeholders named in this order, hereby certify that Cyrus C. Windsow, the surveyor, nominated by the Freeholders, named in the proceeding order was sworn by me on the Holy Evangels of Almighty God, that he will perform the service to which he is called , faithfully and impartially, according to the best of his skill and judgment; With my hand the second day of November, in the year of our Lord one- thousand-eight hundred and thirty-three. Henry bacon Sussex County: I, Henry Bacon, one of the Freeholders named in this order, hereby certify that Wm. Hearn and Stephen Ellis, the chain carriers, called to the service mentioned to this order were sworn by me on the Holy Evangels of Almighty God! That they will perform the service to which they are called faithfully and impartially according to the best of their skill and judgment ,Witness my hand, the second day of November in the year of our Lord , one-thousand-eight- hundred and thirty- three. Henry bacon In obedience to the above annexed order of Court, We the subscribers, Freeholders, named in said order, having first duly sworn on Holy Evangels of Almighty God !, Did on the second day of November ,in the year of our Lord , one-thousand-eight-hundred and thirty-three go upon the land and premises mentioned in said order, taking with us Cyrus C. Windsow, Surveyor, to survey, plot and calculate the quanity of acres contained in said survey and after viewing and maturely considering the same, so in our Report say that we are of opinion that there can be no division made in said lands and tenements without detriments to the parties and maring and spoiling the whole. Therefore we valued and appraised the said lands and tenements to the sum of four dollars per acre, beginning per survey at a stone, the first bounder of a tract of land called "Moores Chance" and from thence North eighty and a half degrees, Westerly sixteen poles, North sixty-nine and a half degrees, Westerly fifty-two poles, North fourteen and a half degrees, Westerly Westerly sixteen poles, North thirty-five and a half degrees, Westerly twenty poles, South seven and a half degrees, Westerly thirty poles to the line of a tract of land called "Shiles Ridge", thence with said line South twenty-five degrees, Westerly twenty-six and a half poles to a post, Thence with said tract5, North fifty-eight and three-quarters, Westerly twenty-four poles, or to the line of a tract of land called "Egypt", Thence with three of the lines thereof South seventy-seven and a half degrees, Westerly fifty-eight and a half poles, South forty-two and a half degrees, Westerly twenty poles South eighty-seven and a half degrees, Westerly twenty- four poles, South one half degree, Westerly two and a half poles to a post corner of William Hearn's land, Thence with the said William Hearn's land South eighty-nine and a half degrees, Easterly sixty-two and three tenths poles to a post, Thence South two and three quarters degrees, Westerly two- hundred and twenty-eight poles to William Culver's land, Thence with the same South seventy-seven and a half degrees, Easterly sixty-nine and a half poles, North fifty-three and a quarter degrees, Easterly twenty-eight poles, North twenty-nine and a half degrees, Easterly twenty-six to a marked white Oak, Thence North seventy-five and a half degrees, Easterly seventy-five poles, North twenty-two and a half degrees, Easterly twenty-one poles, North four degrees, Westerly eighty-six and three-tenths poles home to the place of beginning of said resurvey, containing two-hundred and twenty-one square poles of land valued as aforesaid at the sum of four dollars per acre, amounting to the sum of one-thousand, one-hundred and four dollars and fifty-two and a half cents. In witness whereof We have hereunto set our hands. Henry bacon, 1 day, Jonathan Baily, 1 day, William Ellis, 1 day, William Knowles, 2 day, Charles Ralph, 11 March 1834, Read and approved by the Court. Clerk, dwg. pet,n...............$ 1.00 Recording deed.................. .40 Ex. & Fg. deed................... .25 Ent'g order.......................... .25 Crier.................................... .10 Order................................... 3.00 four freeholders each 1 day... 4.00 one deed...2 days.................... 2.00 two chain carriers each 3 days 4.50 Surveyor for 3 days................. 6.00 conf......................................... .25 crier........................................... .10 Recording drawing 2 ...............2.00 Recording ret',n.........................2.00 draught and notes.................... 12.00 ______ $ 37.85 The above is copied from the Records at Georgetown, Delaware, ( County Seat Sussex Co.) Additional Comments: "Moore's Chance" was the property bought by Samuel Hearne, (the Surveyor)and handed down to his sons William & Thomas Hearn File at: http://files.usgwarchives.net/de/sussex/court/hearn43gwl.txt This file has been created by a form at http://www.genrecords.org/defiles/ File size: 11.1 Kb