Bertie COUNTY NC ESTATE Benton KING et al vs. Abram SMITH Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm File contributed for use in USGenWeb Archives by cfarris@pacific.net Cathy Farris http://www.usgwarchives.net/nc/bertie.htm The following Court Record is a petition made by the heirs of Celia ELLIS SMITH wife of Silas SMITH, mother of Abram SMITH. Many names of interest and land locations. Cathy 1830/1832 Bertie County Estate Records 010.508.38 NCArchives Apr 2002 1830 Benton KING and wife et al vs. Abram SMITH verbatim Cathy Hart Farris The following records were in one folder at the Archives, with various documents regarding the outcome of a petition of heirs to divide the Estate of. State of North Carolina Bertie County Superior Court of law 3rd Monday of Sept 1831 Present the Honorable James MARTIN, Judge Benton KING and wife et all vs. Abram SMITH petition for partition Judgment pro conseso? and prayer of petitioners granted. Ordered that James G. MHOON, William PUGH, Noah B. HINTON, Thomas J. PUGH and Robert C. WATSON be appointed Commissioners to divide the land described in the annexed Petition, according to the prayer of said petitioners and the Judgment of the said court; and that the said commission make a ? of their proceedings and appropriations to the next term of said court held on the 3rd Monday of March 1832. Test. H. REYNOLDS Clk. Copy of the Petition (all of this is on one page...cathy) State of North Carolina Bertie County To September Superior Court 1830 To the Honorable, the Judge of said Court. The petition of Benton KING and Sally his wife, of Simon REA and wife Elizabeth, William HODGES of age, Salley, Mary and Jesse HODGES infants by their next friend William HODGES, Luke RABY and wife Treesa, and Mary SMITH of age, and Thomas and Starkey SMITH infants by their next friend Luke RABY, of Willie SMITH and wife Treacy, humbly shewith that Celia ELLIS the daughter of Moses ELLIS inherited in fee a tract of land herein after named as the only heir at law of Aaron ELLIS who died intestate may years past. That Celia ELLIS intermarried may years ago with Silas SMITH who lately died in Bertie County. That the said Celia and Silas lived together in the married state until the death of Celia who died in the year 1822-that Silas SMITH lived on the premises until his death in the year 1829, and was tenant by the curtesy of said tract of land that said Celia died intestate and left the following person who was her heirs at law - Abram SMITH son of said Celia and Silas, Sally a daughter who is the wife of Benton KING, Mary, a daughter, who was the wife of John HODGES both living a the death of Celia (can't read the rest of the line...cathy) their children Elizabeth who has intermarried with Simon REA, William HODGES of age, Sally HODGES an infant Mary and Jesse HODGES both infants and without guardian, Ebenezer a son of said Celia since dead who left issue still living, Trusa who is the wife of Luke RABY, Mary SMITH of age, Thomas SMITH and Starkey SMITH infants without guardian; and Treacy SMITH, a daughter of Celia, the wife of Willie SMITH both living- Your Petitioners over? that said Celia SMITH dec'd seized in fee of the before mentioned tract of land situated in Bertie County and bounded by the lands of Jesse AVERITT, William PUGH, John RUFFIN and others estimated to contain 200ac, it being a tract of land on which Silas SMITH lived at his death. Your petitioners shew that at the death of Silas SMITH they became seized in fee of said tract of land as tenants in common with Abram SMITH, also one of the heeirs at law of Celia SMITH as before stated- Your petitioners being thus entitled do have frequently applied to said Abram SMITH and requested him to join in a petition with them for the purpose of having said premises divided among the parties entitled and in the several proportions to which the heirs of Celia SMITH are entitled. And they aver? that the said Abram being in the possession of said Lands refuses to join with your petitioners to have the land divided, but retains the possessions from some unfair motive and design. Your petitioners being desirous that the? should be made of said land in or that each party may have and hold _? severally, pray your Honor to grant proper process to be served on said Abram SMITH to appear in this Court and be made a party defendant to this petition of the petitioners and that your Honor will grant your writ? of partition and such other and further relief as to your Honor shall seem agreeable to law, and your petitioners wish even pray &V. Signed Jas. I. SONY? sol pro petitioners A true copy Test H. REYNOLDS CLK (In the middle of the page is a plat diagram...cathy shows Little Roquist and the other land descriptions mentioned on this petition. Except I don't see where Academy is located...it is not written on plat) The paragraph under plat says: The above is a plat of the land which fell to the heirs at law of Celia SMITH and contains 195acres 1 Road and 31 poles Jn. B. TATE Surveyor We the undersigned, by virtue of the commission above appended have superintended the division of the land therein discribed (sic) and have awarded, by lot, as follows: To the heirs, at law of Mary HODGES dec'd Lot No.1 contained about twenty nine acres, beginning at a Red Oak stump in Col. JESSE AVIRITTS line thence running N10W 135 poles to a pine oposite (sic) the Academy thence N80 E 34 pole to a pine Red Oak and White Oake thence S10 E135 poles to a stake thence S80 W to the first station by us valued at four hundred dollars. 2 To Abram SMITH lot No.2 beginning at a stake the corner of Mary HODGES dec'd heirs running thence N10 W 135 poles to a pine Red Oak and White Oake another of Mary HODGES Heirs corners thence N80 E 41 1/3 poles to a stake thence S 10 E135 poles to a stake near the grave yard thence S 80 W to the first station containing thirty five acres valued at four hundred dollars 3 To the heirs at law of Ebenezer SMITH dec'd, lot No. 3 beginning at a stake near the grave yard Abram SMITH'S corner thence N10W 135 poles to a stake another of Abram SMITH corners thence N80 E to a Spanish Oake Hicory and Sasafras in Jno. RUFFIN'S line thence S20 W to a Red Oak in said RUFFIN'S line near the road thence along a hedge row and line of marked trees to a gum in a small branch another of said RUFFIN'S corners thence S80 W to the first station containing forty five acres value estimated at three hundred and seventy five dollars. 4 To Benton KING and wife lot No. 4 containing forty two acres beginning at a pine opposite the Academy thence running N10W52 poles to a pine then N80 E to two gums on Little Roquist near Jno. RUFFIN'S corner then down Roquist to Said RUFFIN'S corner thence along his line S20W52 poles to a Spanish Oak Red Oak and Sasafras the corner of Ebenezer SMITH'S line thence S80W to the first station valued at three hundred and fifty dollars. 5 To Wilie SMITH and wife Lot No. 5 containing forty five acres, beginning at a pine Benton KING and wife's corner thence N10 W 52 poles to a stake in Thos. SMITH's field thence N80 E to Little Roquist Swamp thence down the various courses of the main run of said to two gums Benton KING and wife's corner thence S80 W to the first station valued at three hundred and fifty dollars. (And to make the division equal) The undersigned award that the heirs of Mary HODGES dec'd pay to Benton KING and wife twenty five dollars and that Abram SMITH pay to Willie SMITH and wife twenty five dollars. In testimony of this being our act, we have hereunto affixed our hands this the 19th Nov. A.D. 1831. Thos.J. PUGH Rob. C. WATSON Wm PUGH James G. MHOON Commissioners State of North Carolina Bertie County Superior Court of Law March term 1832 It is ordered that this return be confirmed and that the same be recorded on the minutes of this Court and registered in this County. Present the Honorable David L. SWAIN Judge of said Court . Test H. REYNOLDS clk The foregoing return of the Commissioners is record in the minute docket of Bertie Superior Court of Law pages 127 128 129 Test H. REYNOLDS Clk