************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ************************************************************************ File submitted by Deborah Cavel-Greant and Brenda McClure . ----------------------------------- ------------ This transcript was taken from a photocopy of the original document which is missing the first paragraphs, which were apparently on a previous page. There is no information which would allow us to identify the source though a 'Report on division of Esther Aydelott Clark's land' is found indexed in the SUSSEX COUNTY, DELAWARE COURT HOUSE ORPHAN'S DOCKET INDEX 1737-1847, and presumably this is that document. Esther (referred to as 'Hester' in this document) died intestate survived by minor granddaughters Hester Clark and Nancy Jane Cher(r)y. The photocopy is unreadable in places. ---------------------------SUSSEX COUNTY, DELAWARE COURT HOUSE ORPHAN'S DOCKET INDEX 1737-1847 Name Status Action Taken Book year pg Clark, Hester dec'd Petition for division of her land Libro R 1835 35 Clark, Hester dec'd Report on division of her land Libro R 1835 95 ...being at the time of her death seized in her _______ _____ ___of above, ninety acres of land adjoining lands of Isaac Johnson, Ezechial Williams and said others, situated in Baltimore Hundred, that the said Hester Clark, left survive her six children to wiz; (Compiler's Note: Esther's son John Clark is missing from this list - perhaps because he had died in 1834.) James Clark, William Clark, Levin Clark who has sold all his interests in said lands to William Clark, who has sold all his interests in said lands to Nathaniel Clark, Nathaniel Clark who is since deceased intestate leaving (to survive him) one child to wiz; Hester Clark who is a minor and Elizabeth who has since deceased intestate leaving to survive her one daughter Nancy Jane Chery (sic). That it belongs to to the said James Clark to have one part, to William Clark to have two parts, to Hester Clark to have two parts and to Nancy Jane Chery to have one part, the said lands unto six equal parts to be divided. And the said Elizabeth Clark, guardian by her petition_______the court to appoint five freeholders of the county aforesaid, to go upon the lands ____________ ________ _____________ of the said Hester Clark deceased and divide the said ___________ _____________ real estate equally among the children and legal representatives of said _________. Whereupon it is _____________ and ordered by the court that James __ Tunnell, John Derickson, Joshua Johnson, John Bennett and Ezechial Williams Junior, five _____________ and substantial freeholders being first sworn and affirmed and taking them a _______ and impartial surveyor by them to be nominated and to be _____________ upon his solemn oath ____ _____ ______ do go ______ the said lands _____ __ ____ ____ of the said intestate Hester Clark and divide the same into six equal parts, ____shares _____ being had to the true value of the said lands ______ ______ ______ and after the division then made, that they ________ of such shares to James Clark, two of such shares to William Clark, two of such shares to Hester Clark and the remaining shares to Nancy Jane Chery and it is ordered by the court that if said James M Tunnell, John Bennett, and Ezechial Williams____ ____ or a majority of them shall be of the opinion that the said lands _______ _______ ________ can not be divided into the number of primary shares without detriment to the parties but can be advantageously divided into ____ or more parts, then they shall divide the same into ____ ____ and such parts as they shall deem most suitable and ______ and shall appraise each of said parts at the true value thereof in money. And if the said freeholders or a majority of them shall be of the opinion that no division can be made of the said lands tenement or ____ of the said intesta without detriment to the parties, then they shall make no division but shall appraise the same in true value thereof in money. And it be further ordered by the court that the said freeholders in a majority of them do make returns of their proceedings here ____ to the next ____court to be held at Georgetown in and for Sussex County duly certified under their hands with such draught order ____ _____ thereto or as they may have ____ and of partition shall not have been made as prescribed by this order because of the opinion of the freeholders or a majority of them that the same could not be made without detriment to the parties such opinion so the proceedings there upon shall be ____ in the _____. Edw L Wells, Clk _____ Court ****