Burke County NcArchives Wills.....Fox, James 1858 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Judy Brickhouse sesdvs@hotmail.com August 12, 2013, 3:32 pm Source: Familysearch.org Written: 1858 JAMES FOX Burke County Estate 1858 Page 1 Know all men by these presents that we, J.L.J. Conley and wife LOIZA MATILDA for and in consideration of the sum of Fifty Five 50/100 dollars to us in hand paid by W.W. Avery have bargained sold & conveyed and by these presents do bargain sell and convey unto the said W.W. Avery and his heirs all our interests & claim in the monies arising from the sale of the real estate of said JAMES FOX dec. which descended to his heirs at law & which upon their petition has been sold by a decree of the Court of Equity of Burke County for partition & said monies now in the hands of E.J. Erwin Clerk & Master of said Court. To have & to hold the said monies to him the said W.W. Avery & his heirs forever. Witness our hands & seal this 23 August 1860. J.S.J. Conley seal L.M. Conley seal Attest J.B. Kincaid Clerk Page 2 State of North Carolina Burke County Court of Pleas & Quarter Sessions Summer Term 1860 I James B. Kincaid Clerk of said Court do hereby certify that J.L.J. Conley and wife LOUISA M. this day appeared in open court and acknowledged the within deed of conveyance as their act and deed for the purpose therein declared they being the Grantors therein named and there upon on motion Thomas G. Walton a member of the Court was appointed to take the privy execution of said deed who reported that upon said privy examination the said LOUISA M. declared that she executed the same freely and voluntarily without any compulsion or constraint on the part of her said Husband & that she now voluntarily asserts thereto. Where upon it is ordered by the Court that this private be recorded and that this deed together with this certificate be registered, given under my hand this 13th August AD 1860. J.B. Kincaid Clerk Page 3 Received of E.J. Erwin Clerk and Master in Equity Fifty Five 50/100 dollars in full of the share of LOUISA M. CONLEY in monies arising from the sale of the real estate of JAMES FOX dec. this 23 August 1860 W.W. Avery Received of W.W. Avery Fifty Five 50/100 dollars being the monies received by him from E.J. Erwin Clerk and Master in Equity in full of my Wifes share of the sale of her Fathers real estate descended to his heirs at law. This 23rd Aug 1860 J.L.J. Conley Page 4 State of North Carolina Burke County To the sheriff of Burke County greeting Whereas NANCY FOX widow of JAMES FOX lately filed her Petition in our Court of Pleas and Quarter Sessions against LUCINDA DUCKWORTH and others heirs at law of her said Husband and it was ordered by the Court that a Writ of Dower should be issued to the sheriff in her behalf as to the following lands tenements and hereditaments in said County of which her said husband died seized and possessed to wit: (Marked A) being in the County of Burke and bounded as follows: beginning on a white oak and black oak marked .20. One pole from a branch of Canoe Creek called the Cany Branch the beginning corned of a Three Hundred acre tract originally granted to Joseph Dobard? And ????? West Three Hundred poles crossing two small branches to a pine marked “D” and leaning chesnut oak then South with the old line one hundred and thirty four poles to an ash tree near the bank of a branch called Misy Fork then East down the meanders of the branch one hundred and twenty poles to a persimmon tree on the bank then East and West line of the aforesaid Three Hundred acre tract of which this is at post? Thence East one hundred and seventy poles to a pine or stake a corner of the original tract thence North with the old line one hundred and sixty poles to the beginning including Two Hundred and Seventy acres Page 5 More or less together with all houses buildings etc also one other tract bound as follows to wit: beginning at a chesnut oak Samuel Branches corner and runs with his line one hundred and six poles to a stake then West fifty two poles to a white oak near a spring then North with McGimpseys line one hundred and sixty poles to a black oak his corner then West forty poles to a hickory Watsons corner then North forty poles to a post oak Noble Alexanders corner then East with his line passing his corner and running with Jonathan Finches line two hundred and fifteen poles to a stale then South ninety four poles to a stake then West one hundred and twenty three poles to the beginning containing One Hundred and Fifty acres entered 19th March 1814 said land situated on the waters of Canoe Creek and known as the True Place Also one other tract lying and being in the County of Burke containing Two acres beginning on a gum and black oak trees and running North eighty poles to a stake thence West forty poles to a stake thence running South sixty degrees to the beginning corner known as the D.J. Corpensing? Tract or Garrison tract. These are therefore to command you to summon twelve Fredholders, connected with the parties neither by consequently nor affinity and entirely disinterested who after being duly sworn by you are to allot and set off to the said NANCY FOX by proper metes and bounds, one Page 6 Third of all the said lands, tenements and hereditaments including therein the dwelling house, and all offices, out houses, buildings, and improvements thereunto belonging or in any way appertaining during the term of her natural life, and to put her in the possession of the same; and the allotment of dower made by the said jury, after being reduced into writing and signed by them, you are to return to our next Court of Pleas and Quarter Sessions to be held for the County of Burke at the Court House in Morganton on the 8th Monday after the 4th Monday in March AD 1859 together with this writ. Witness J.B. Kincaid Clerk of said Court at office in Morganton the 8th Monday after the 4th Monday in December AD 1858 this the 25 April 1859 J.B. Kincaid Clerk Page 7 Rec’ of E.J. Erwin Clerk and Master in Equity for Burke County Fifty Five 50/100 dollars in full of my distributive share as one of the Legetees of JAMES FOX deceased in the moneys arising from the sale of the lands of JAMES FOX dec. which said lands were sold under a decree of said Court at the insistence of LUCINDA DUCKWORTH and others exparte for distribution Aug. 21, 1860 LUCINDA DUCKWORTH Her x mark T.H. Curtis Page 8 List of the sale of the real estate of JAMES FOX sold Aug. 22, 1859 by order of the Court of Equity per Burke Court 1 tract containing 200 acres known as the Home Place Purchased by J.T. Fox $200 2 Tract containing 140 acres known as the True Place & Ten acres purchased of Jackson Corperry by Ja. FOX dec. Purchased by J.T. Fox $201 Page 9 State of North Carolina Burke County LUCINDA DUCKWORTH et al In Equity Fall Term Exparte At Spring term 1859 of this honorable Court the Master was ordered to sell all the lands mentioned in the Petition of LUCINDA DUCKWORTH & others Exparte after due advertisement of said lands in obedience to said order & decree the Master after due advertisement did expose to public sale to the hightest bidder at the Court House in Morganton in a credit of twelve months all the lands mentioned in said Petition on the 22 day of August 1859. 1 tract containing 200 acres known as the Home Place Purchased by JAMES FOX at $200 2 tract containing 140 acres known as the True Place & Ten acres purchased by JAS. FOX of Jackson C?????? Purchased by JAMES FOX at $201 Fer all which said lands the Purchaser has given & filed his bond. The Master would report that the lands brought a fair price. All which is respectfully submitted E.J. Erwin Clerk Page 10 LUCINDA DUCKWORTH et al Exparte In Equity Alex Duckworth, Thomas L. Alexander maketh oath that they are well acquainted with the lands mentioned in the Petition of LUCINDA DUCKWORTH et al and with the heirs at law of JAMES FOX and that a partition of said land cannot be made among the heirs without great injury and that it would be to the interest of the heirs to have the said lands sold for partition & distribution. Thomas Alexander Duckworth Page 11 State of No. Carolina Burke County In Equity Spring Term 1859 LUCINDA DUCKWORTH & Others Exparte This case coming on to be heard upon the bill, exhibits & report of the Clerk & Master & no exceptions being taken it is ordered adjudged and decreed that the several tracts of land described in the Bill be sold by the Clerk & Master of this Court for the purposes of partition among the Petitioners according to their respective interests therein & that the Clerk & Master sell the same at the Court House in the Town of Morganton after advertisement for forty days at the Court House & three other public places in said County of Burke at public auction upon a credit of twelve months, the ?????? giving land with approved security Page 12 For the payment of the purchased money. And that said Clerk & Master make report thereof at the next term of this court & the Court doth reserve all further direction until the coming in of said report. M.E. Manly J. Page 13 State of North Carolina Burke County Court of Pleas & Quarter Sessions Fall Term 1858 To the worshipfull Justices of the Court of Pleas and Quarter Sessions for said County. The Petition of NANCY FOX against LUCINDA DUCKWORTH, J.L.J. Conley & Wife LOUSA M., JAMES T. FOX, A. Wiseman & wife DELILA, AARON W. FOX and THOMAS L. FOX and U.S. FOX. Your Petitioner respectfully represents unto your worships that I JAMES FOX late of said County hereto fore departed this life intestate leaving your Petitioner his widow & relicts him surviving and leaving the said Defendants LUCINDA DUCKWORTH, LOUSA M. wife of J.L.J. Conley, JAMES T. FOX, DELILA wife of A. Wiseman, AARON W. FOX, JAMES T., THOMAS L. FOX and U.S. FOX his only children & heirs at law ???????????? That said JAMES FOX died seized of the following tracts of land & situate in Burke County 1st tract conveyed by Samuel and Stephen Branch to JAMES FOX by deed dated 13 November 1822 & which deed is hereto appended as exhibit “A” 2nd tract conveyed by E.P. Jones C.M.E to JAMES FOX by deed dated Image 14 18th July 1848 & which deed is hereto appended marked “B” 3rd tract conveyed by D.J. Cospenning? To JAMES FOX said deed dated 3rd June 1856 & which deed is hereto appended Marked “D” and reference may be had to said deeds for a more particular description of said lands & the same are prayed to be taken as a part hereof. That your Petitioners is entitled to her dower or thirds of said land for her life. I tender consideration of the premises may it please your worship to order that a writ issue to the Sheriff of Burke County commanding him to summon a Jury of good and lawfull men unconnected to your Petitioner either by consequently or affinity whose duty it shall be to lay off to your Petitioner her dower or thirds, out of said lands according to law. And may it please your worships to order that notices together with copies of this Petition issue to the said L. Duckworth, J.T.J. Conly, J.T. Fox, A.Wiseman & wife Delila, Aaron W. Fox, Thomas L. Fox & U.S. Fox commanding them to be at the next term of this Court then & there to plead answer or demise? To this Petition and your Petitioner as in duty bound will ever pray. W.W. Avery Atto. For Petitioner Page 15 We acknowledge the service of a copies of the within & foregoing Petition waiving errors, irregularities etc. LUCINDA DUCKWORTH, U.S. FOX, LOUISA M. CONLY, JAMES T. FOX, A.WISEMAN by James T. Fox, DELILA WISEMAN by James T. Fox, AARON W. FOX by James T. Fox, THOMAS L. FOX by James T. Fox Page 16 State of North Carolina Burke County I Joseph Brittain Sheriff of Burke County attended by the following jury of good lawfull men Viz: James Avery, Jno. Collet, Robert Alexander, Jno. Salmon, Joseph Benfield, Alexander Harbinon?, Stephen Winters, A.J. McGimpsey?, J.H. Corpling. Who after being duly sworn according to law proceeded on the 28th day of April 1859, in obedience to the annexed writ to lay off and allot to NANCY FOX her Dower & thirds in the land of JAMES FOX dec. as directed in said writ, according to the following metes & bounds as follows to wit: Beginning on a pine in a hollow beyond the S. Fayett Fox house & running down to the Rudy branch down the same branch to the mouth of the Hill house branch then up the same to the prong of the branch above the Hill? House thence up the east prong of the same to the back line, thence with said line to the corner being the corner of the dividing line between STANHOPE FOX & his Father JAMES FOX running with the said line to the lane below the widows residence running with said lane to a chesnut oak corner thence East with said line to a hollow thence down sd. hollow to a pine the beginning corner of the Dower land, and proceeded also to put her in possession of the same. Given under the hands & seal of the said Jurors before me the date above written James Brittain Sheff. James Avery B B. Galloway, Alex. Harbison, James R. Kincaid, Stephen Winters, Jno. Salmon, John H. Copeland, Jas. Bery????, J.H. Alexander, John Collet, A.J. McGimse?????, J.L. Heming, Page 17 State of North Carolina Burke County Court of Pleas & Quarter Sessions Winter Term 1858 To the worshipful Justices of said Court The Petition of NANCY FOX humbly represents ??? to your worships that JAMES FOX late of said County departed this life intestate on the 3rd December 1857 leaving your Petitioner his widow & relict wholly unprovided for that said JAMES FOX died possessed of some personal estate & your Petitioners is entitled to her years allowance and of the crop stock & provisions on hand. That JAMES T. FOX has been appointed administrator of said estate by this Court at this term. In consideration of the premises may it please your worships to appoint one Justice of the Peace & three Freeholders lawful men whose duty it shall be to view said estate and out of the stock crop & provisions on hand to allot to your Petitioner one year support for herself and Family & if the stock crop & provisions on hand should be insufficient for that purpose that the deficiency may be assessed in money to be paid by said administrator & your Petitioner as in duty bound and ever pray. W.W. Avery Atto. For Petitioner Page 18 I acknowledge the service of a copy of this Petition. James T. Fox Am. Page 19 State of North Carolina Burke County In Equity To the Honorable the Judge of the Court of Equity in and for the County & State aforesaid. The Petition of LUCINDA DUCKWORTH, U.S. FOX, J.T.J. CONLY & wife LOUSA M., JAMES T. FOX, A. Wiseman & Wife DELILA, AARON W. FOX, and THOMAS L. FOX exparte. Your Petitioners humbly represent unto your honor that JAMES FOX, late of said County hereto fore departed this life intestate leaving your Petitioner his only heirs at law, that your native LUCINDA DUCKWORTH is the Daughter of said intestate & widow of JOHNATHAN DUCKWORTH that your native DELILA is the Daughter of said intestate & married to A. Wiseman & your native LOUISA M. is daughter of intestate married to J.T. J. Conly and your Petitioners U.S. & JAMES T. & AARON W. and THOMAS L. Fox are the sons of the said intestate. Page 20 That said intestate JAMES FOX was seized and possessed in his life time of the following tracts of land situate in said County of Burke to wit: one tract conveyed to him by deed from Samuel Branch & Stephen Branch dated 13th November 1822 & reference may be had to said deed for a more particular description thereof and which deed is here to appended marked exhibit “A” also another tract conveyed by E.P. Jones C.M.E to JAMES FOX by deed dated 18th July 1848 which is hereto appended as exhibit “B” and reference may be had thereto for a more particular description thereof also another tract conveyed to JAMES FOX by A.J. Carpenning? By deed dated 3 June 1856 which said deed is hereunto appended marked exhibit “D” & to which reference may be had for a more particular description all of which deeds are prayed to be taken as a part hereof: that said intestate JAMES FOX conveyed to your Petitioner U.S. FOX a part of said several tracts of land by deed bearing date the 20th day of March AD 1849 and the following deed the courses & distances of the part taken from the tracts Page 21 Described in exhibit “A” beginning at a leaning chesnut oak and runs South 196 poles to a black oak then East to a stake to the corner of a 200 acre tract then a direct or strait course to a conditional line to the branch where it crosses JAMES FOX’S land then a strait ourse with the conditional land with the lane to the beginning containing 70 or 75 acres. Also a part of the tract described in exhibit “B” geginning on a chesnut oak corner and runs Soutwest to a stake in Corpenning line at the corner of the 23 Ό acre tract then East to an Ash tree then North to the beginning containing Ten acres: that said land was a gift from said intestate to your Petitioner U.S. Fox and said deed likewise conveys two other tracts which were also given by intestate to your Petitioner U.S. FOX and the value of the lands conveyed in said deed is greater in the opinion of your Petitioners than one fifth of the value of the lands where of the intestate was seized & your Petitioner can not claim any part of this proceeds of sd. sale. That said JAMES FOX died seized of all of said lands which are not included in the said deed to your Petitioner U.S. FOX: that NANCY FOX widow of said JAMES FOX has had her dower assigned her in said lands and the same is now subject to that incumbrance your Petitioners further shew that actual partition can not be made of said lands among them without injury to their respective interests therein and that a sale thereof is necessary for the purpose of making a partition. In tender consideration Page 22 Of the premises may it please your honor to order adjudge and decree that said lands be sold by the clerk & Master of this Court upon such terms as your Honor may deem proper and the proceeds divided according to their respective interests and that it may be referred to the Clerk & Master to enquire (if necessary) the value of the lands conveyed by deed of Gift to your Petitioner U.S. FOX who will not claim any part of the proceeds of sale unless the value of the land conveyed to him is less than the one fifth part of the proceeds of said sale. And may it please your to grant such other & further relief and make such other and further order touching the premises from time to time as ??? to your Honor may ?????? and proper and your Petitioners as in duty bound will ever pray. W.W. Avery Sol? For Petitioners File at: http://files.usgwarchives.net/nc/burke/wills/fox3090wl.txt This file has been created by a form at http://www.poppet.org/ncfiles/ File size: 19.5 Kb