Craven County NcArchives Court.....Bender - Deceased, Benjamin 1858
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File contributed for use in USGenWeb Archives by:
Jo Huettl johit@suddenlink.net February 12, 2008, 1:09 am

Source: Nc Archives
Written: 1858

Benjamin Bender Estate Records
Craven County

(Copied from file at State Archieves, Raleigh, CR 028-508.9)

On sleeve:

Marshall Hill & wife
Samuel Sutton & wife

Ex Parte

Sept 1858

Petition to divide land

Geor W Mills
Berry Schllran
James Roach
Calvin Kirkman
Needham Loftin

State of North Carolina
Craven County
Court of Pleas and Quarter Sessions September Term AD 1858

To the Worshipful, the Justices of the Court of Pleas and Quarter Sessions of 
the County of Craven,

The petition of Marshall Hill & Elizabeth his wife, Samuel Sutton & Ann his 
wife, Benjamin Bender, John Bender, Georger Bender & Flawrence Daniels the 
last three named infants under the age of twenty one years by their mother & 
next friend Cherry Bender of said county, respectfully sheweth unto your 
worships that Benjamin Bender of the county of Craven deceased was in his 
lifetime and at the time of his death, seized in fee simple or of some other 
good estate of inheritance to him and his heirs of a certain tract or parcel 
of land lying & being in the county of Craven adjoining the lands of Penelope 
Gardner, Berry W Mann Williams Pate and others on which land as the said 
Cherry Bander had her dower. And being so seized, the said Benjamin Bender did 
depart this life intestate, leaving Elizabeth Bender now the wife of Marshall 
Hill Ann Bender now the wife of Samuel Sutton Benjamin Bender, John Bender 
George Bender and Flowrence Daniels. Him surviving and upon his death the said 
lands descended and came to your petitioners as tenants in common, in the 
proportion of one sixth each.

Your petitioners further shew unto your worships, that they are desirous of 
having a fair, just and equal partition of the said lands between them, in 
order that their respective shares and proportion thereof, may be allotted, 
held and enjoyed in severalty.

To the end therefore, that a partition may be made of the said lands between 
your petitioners; that each one's share or proportion thereof, may be allotted 
and conveyed to him and his heirs and assigns; and that your petitioners may 
severally hold and enjoy their respective allotments of the said lands, 
according to the nature thereof, in severalty; and that all proper and 
necessary conveyances and assurances may be executed for carrying such 
partition into effect. And that your petitioners may have such other and 
further relief in the premises, as the nature and circumstances of this case 
may require, and to your worships shall seem meet. May it please your worships 
to appoint five commissioners, to divide and appropriate said lands between 
your petitioners as hereinbefore prayed for, according to the act of the 
General Assembly in such cases, made and provided, and as to your worships 
shall seem proper and requisite. And your petitioners will every pray &c.

(signed) George Green solt


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