Estate settlement of Henry Hendricks of Davie Co. NC, 1837-1842 ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Elizabeth Harris http://files.usgwarchives.net/nc/davie/court/hendrx3.txt USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. ******************************************************************. [From loose estates papers, NC state archives, Raleigh] North Carolina Davie County In Equity, Fall Term 1837 To the Hon. the judge of said court The petition of George Hendricks David Hendricks Jonathan Cranfield and wife Gincy William Baity and wife Margaret Wm. Reavis and wife Mary, Samuel Beeman & wife Elizabeth vs. James Hendricks, Mary Ann Beeman & Elizabeth Jane the infant daughters of James Beeman & Issabel who was the daughter of Henry Hendricks Humbly petitioning show unto your Honour that Henry Hendircks died some time in the month of June last seized and possessed of a tract of land lying on the waters of Dutchman's Creek adjoining the lands of Jno. Hendricks Daniel Cain the heirs of Wm. Steelman & others containing about two hundred and twenty five [acres? word apparently omitted] in the county and state aforesaid and that your petitioners together with the defendants above named are his next of kin and heirs at law. Your petitioners further show that said tract of land is encumbered with the dower of the said Henry's widow that is divided among the heirs at law the share which would fall to each one would be of very little value and that a sale for the purpose of division would be greatly to the advantage of all the parties concerned. Your petitioners further show that Mary Ann Beeman & Elizabeth Jane Beeman children of James Beeman and Issabell his wife who was the daughter of the said Henry Hendricks decd are infants under the age of twenty one years and that they and James Hendricks reside without the limits of this state. Your petitioners therefore pray you to order a sale of the aforesaid tract of land for the purpose of division also that a guardian pendente lite maybe appointed for Mary Ann & Elizabeth Jane Beeman And that publication be made in some suitable gazette for the same James Hendricks to appear and plead answer or demur at the next term of this court and they as in duty bound will each pray for. [Signature is difficult to read, appears to be something Coore or Coone] ----- George Hendricks & others vs. James Hendricks & others This cause coming on to be heard upon the petition and affidavits It is adjudged and decreed that the Clerk & Master in Equity for the County of Davie after advertising the lands set forth in the petition for the space of forty days at three or more public places in the County of Davie expose the same to public sale to the highest bidder on the premises on a credit of twelve months and that he take bond with good & sufficient security for the purchase money and return the title until the further order of this court & make report to the next term of this court. It is further ordered & decreed that the costs of this petition be paid out of the proceeds of the sale. Ordered that this decree be enrolled. ----- George Hendricks & others vs. Jas. Hendricks & others Petition for the sale of Land In pursuance of a decree made in this case at October term, 1838, and after due advertisement, I exposed to Public Sale, on the premises, on the 5th of Decemgver 1838, the land described in the petition; when William Beatty being the last and highest bidder became the purchaser, at the price of $480, for which he has given his bond, payable 12 months after date, with good security. All which is respectfully subamitted To April Term, 1839 Lemuel Bingham, C.M.E. ---- North Carolina Davie County We William Baity Jr and Marget Baity wife of the said William being a child & heir at law of Henry Hendricks decd in consideration of the sum of one Dollar to us in hand paid bargain sell assign and release to Lemuel Bingham all our interest in the purchase money arising from the sale of the land of the said Henry Hendricks Decd which said Lands were by the said Lemuel Bingham in pursuance of a decree upon the petition of the heirs at law of the said Henry Hendrics Decd for the purpose of distribution and the said Bingham is to pay over to the said Baity whatever shares they may be entitled to in right of the said Marget and the aquitance of the said Baity shall be a full protection to the said Bingham for paying over the same in testimony whereof we have hereunto set our hands and seals. 3 day of February A.D. 1842. Wm. Baity Jr. [seal] her Margaret X Baity [seal] mark State of North Carolina Davie County Personally appeared before me William Baity & Marget his wife who acknowledged in the presence of each other the due Execution of the within deed and afterward the said Marget being by me privately examined separately apart from her husband acknowledged that she executed the same freely & of her own accord without the compulsion or constraint of her husband to the within deed & this certificate be registered and the original be filed in the office of the clerk & master at Equity Richmond M. Pearson Feburary 4d, 1842 at Mocksville ---- North Carolina Davie County We Jonathan Cranfill Jane Cranfill wife of the said Jonathan being a child and heir at law of Henry Hendricks decd in consideration in consideration of the sum of one dollar to us in hand paid bargain sell assign and release to Lemuel Bingham all our interest in the purchase money arising from the sale of the land of the said Henry Hendricks decd which said lands were by the said Lemuel Bingham in pursuance of a decree upon the petition of the heirs at law of the said Henry Hendricks decd for the purpose of distribution and the said Bingham is to pay over to the said Cranfill whatever shares they may be entitled to in right of the said Jane and the acquittance of the said Cranfill shall be a full protection to the said Bingham for paying over the same in testimoney whereof we have hereunto set our hands and seals the 19th cday of March 1842 Jonathan Cranfill [seal] Jincy Cranfill [seal]]