Edgecombe County NcArchives Wills.....Clark, William - Estate 1875 ************************************************ 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: Tommy Colbert clycolbert@aol.com June 22, 2011, 5:43 pm Source: N C Archives Written: 1875 Clark, William estate- PETITION TO SELL LAND FOR ASSETS- Joshua Killebrew, adm. of William Clark, PLTF. vs Jno. R. Griffin & wife Lucy Griffin, Isaac Brinn & wife Betsy Brinn, Cooper Wells & wife Mary F. Wells, Margaret Clark, Amanda Clark, Wm. H. Clark, Edny Clark, deft.--- To the Superior Court of said county, Your petitioner respectfully showeth: I- That John Clark, late of said county did on the 10th day of September 1857 make and publish his last will and testament, wherein he appointed R.D. Wimberly, his executor, the said Wimberly having renounced, Your petitioner was duly appointed his administrator with the will annexed and in said will and testament he disposed of his real estate. The same being devised to Lucy Clark, William Clark and Benjamin Clark, three of his children and his heirs— II- That said Benjamin, one of the devises therein named, died before the testator, without issue, whereby the devise, to said Benjamin lapsed; III- That some time thereafter during the year 1867, John Clark the testator died leaving surviving him the said William and Lucy, Benjamin having died as aforesaid and the devise as to him being lapsed, the real estate (embraced) in said lapsed devise, (de ) upon the testator’s heirs at law, to wit: Lucy Clark, Betsy Clark, Frank Clark, William Clark and Henry Clark. IV- And the said last will and testament was duly proved at (blank space ) whereby the above named heirs at law became seized of such real estate as was devised under said will and testament as tenants in common— VI- As your petitioner is informed and believes, the said devises Lucy and William, executed a deed to Betsy Brinn, said Betsy being one of testator’s children, whereby said Betsy was allowed to take an equal share of the real estate, devised in said will and testament, together with the said Lucy and William. VII- That the said Betsy Clark and one Isaac Brinn have since intermarried. VIII- That the said Lucy Clark and one Jno. R. Griffin have since intermarried. IX- That the said Frank having died his interest in said lapsed devise (devolved) on his heirs at law to wit: Edny Clark and Mary F. Clark, who has since intermarried with one Cooper Wells. X- That said Henry having died, his interest in said lapsed devise devolved upon his heirs at law, to wit: Amanda Clark, Margaret Clark and Wm. H. Clark. XI- That it became necessary to sell a portion of the testator’s real estate to pay his debts and his will having authorized a sale, the administrator with the will annexed, who was your petitioner sold forty five acres for this purpose the value of which was equal to one third of all the lands devised ( ) that the residue of the land passed to the two surviving devises, under the said will and testament as he is advised. XII- That the residue of said land consists of one hundred & eight acres adjoining the lands of Lucinda Clark and Thomas Norfleet & others and lying in Edgecombe County. XIII- That said William having died intestate, and your petitioner being duly appointed administrator took out letters of administration on said William’s estate. XIV- That said William’s estate is subject to the dower rights of said William’s widow, Lucinda Clark. XV- Your petitioner further showeth that a sale of said land, is necessary to enable him to pay the debts of his intestate and the charges of administration, amounting to at least $110 was the (2 words) to the end that said land maybe sold by your petitioner under a decree of this court and on such terms as the court may direct and that the proceeds of the sale may constitute assets in his hands for the payment of said debts and charges. XVI- And your petitioner further prays that one third of the residue of said testator’s real estate may be allotted to the said William’s heirs at law, to wit: the said Lucy, Betsy, Mary R., Edny, Margaret, Amanda and William H., said William having died without issue; to the end that your petitioner, may have license to sell said land for assets as herein before prayed. XVII- That the above named defendants, Mary F., Margaret, Amanda, William H. and Edny are infants, under age, without guardian, (signed) John L. Bridgers. attys for ptfs. Joshua Killebrew, the above named petitioner, being duly sworn says the facts stated in the foregoing petition as of his own knowledge are true, these otherwise stated he believes them true, (signed) Josh Killebrew, Adm. Sworn and subscribed to before me this 12th day of Sept. 1871, Jno. Norfleet. APPOINTED GUARDIAN, Sept. 18, 1871, Isaac Brinn is appointed guardian ad litem to infants, Edney Clark, William H. Clark and Margaret Clark, signed Jno. Norfleet. ANSWER OF JNO. R. GRIFFIN & WIFE, LUCY GRIFFIN, ISAAC BRINN & WIFE BETSY BRINN TO PETITION OF JOSHUA KILLEBREW, ADM. OF WILLIAM CLARK VS JNO. R. GRIFFIN WIFE LUCY GRIFFIN, ISAAC BRINN & WIFE BETSY BRINN, COOPER WELLS & WIFE MARY F. WELLS, EDNY CLARK, WM. H. CLARK, MARGARET CLARK, AMANDA CLARK ---- To the plaintiff’s complaint the above named defendants, Jno. R. Griffin wife Lucy Griffin, Isaac Brinn & wife Betsy Brinn, Cooper Wells & wife Mary F. Wells, Edny Clark, Wm. H. Clark, Margaret Clark, Amanda Clark answer II That the facts set forth in the plaintiff’s complaint are true to the best of their knowledge and belief. II They pray the court, that where one third of the real estate mentioned in said complaint is allotted to the heirs of William Clark, as prayed for by said plaintiff, they may have the remaining two thirds of said real estate divided equally and respectively between them to the end that they may hold their respective interest in said real estate in severalty. signed Isaac (Brinn), Betsy Brinn (X), Jno. D. Griffin (X), Lucy Griffin (X). Could not read date but year is 1871. COMPLAINT- JOHN KILLEBREW, ADM. OF WM. CLARK, PLTF. AGAINST EDNY CLARK, COOPER WELLS & WIFE MARY F. WELLS, AMANDA CLARK, WM. H. CLARK, MARGARET CLARK, ISAAC BRINN & WIFE BETSY BRINN, AND JOHN R. GRIFFIN AND WIFE LUCY GRIFFIN, DEFENDANTS. This cause coming in to be heard upon the petition of the plaintiff and answers of the defendants, and being heard thereon and the allegations of the plaintiff being admitted by the defendants---- on motion of the plaintiff council J.L. Bridgers ( ), It is adjudged by the court that the defendants are entitled to have partition of the lands described in the petition in the manner sought by the petition and answers. Wherefore it is ordered by the court that the land described in the pleadings as containing 108 acres adjoining the lands of Lucinda Clark and Thomas Norfleet and others be divided by metes and bounds into three equal shares in value as near as may be; that one share thereof be appropriated to the defendant Betsy Brinn; one share to the defendant Lucy Griffin and the remaining share to the defendants Betsy Brinn, Lucy Griffin, Mary F. Wells, Margaret Clark, Amanda Clark, William H. Clark, and Edny Clark in common in the proportion of one fourth to the said Betsy Brinn, one fourth to the said Lucy Griffin, one fourth to the said Edny Clark and Mary Wells and one fourth to the said Amanda, Margaret & William H. Clark and to this end, it is further ordered by the court that C.B. Killebrew, Henry C. Brinn & William H. (Ten ) be and they are hereby appointed commissioners to make the partition. Signed Jno. Norfleet, Clerk Superior Court, Feb. 19, 1871. John Clark Estate File, NC State Archives, CR.037.508.26. SALE OF LAND of John Clark (possibly William Clark’s land) by Joshua Killebrew, admin. Of William Clark, at public auction. Land appears to have been purchased by (Battle Bryan) for $283, signed Josh. Killebrew. Last payment made Feb. 2, 1875. DECREE Superior Court Edgecombe County, Joshua Killebrew, admr of Wm. Clark against Isaac Brinn and wife Betsy Brinn, John R. Griffin and wife, Lucy Griffin, Edny Clark, Cooper Wells and wife, Mary F. Wells, Amanda Clark, Wm. H. Clark & Margaret Clark, deft. (Special ????? for sale of land (two words) This cause now being heard upon the petition of plft. And answer of deft and it appearing that sale of the land appropriate ( ) defendants as the heirs of the plaintiffs intestate William Clark is (one word ) for the purpose of enabling him to pay the debts of his intestate, the court did order and adjudge that he have NEED TO READ AND STUDY THIS MORE - DIVISION OF LAND. Agreeable to an order of the Superior Court of Edgecombe County, September 19th 1871 to us directed as commissioners to divide the land of the late John Clark deceased between the claimants set forth in the petition for partition. WE met on the premises Oct. 1, 1871 after being sworn according to law and with the assistance of a surveyor proceeded to divide and allot as follows, as the plot of the surveyor here unto annexed will more fully show. Lot #1 to Betsey Brinn, Lucy Griffin, Mary F. Wells, Margaret Clark, Amanda Clark, Wm. H. Clark and Edny Clark in common as the heirs of Wm. Clark, deceased, containing 52 acres valued at three hundred and sixty four dollars and bounded as follows, commencing at a small red oak Lucinda Clark’s corner then east 22 1/4 chains to a stake H.C. (Brinns) line then south 20 chains to a stake then west 33 chains to a stake on the western boundary then north 6 3/4 chains to a stake then east 11 chains to a stake then north 13 chains to the beginning; lot #2 to Lucy Griffin containing 32 acres valued at $364 and bounded as follows, commencing S.W. corner of lot #1 then east 33 chains to a stake then south 7 ½ chains to a stake near a large pine then west 16 ½ chains to a stake then south 4 chains then west 16 ½ chains to a stake on the western boundary; lot #3 to Elizabeth Brinn containing 52 acres valued at $364 commencing at the S.W. corner of lot #2 then along the southern boundary to a stake near a large pine then south 6 3/4 chains to A.B. Nobles Mill Branch then down the various courses of said branch to the western line then north 8 3/4 chains to the beginning, signed C.B. Killebrew, H.C. Bourne, W.H. Tolson. John Clark Estate file, NC State Archive, CR.037.508.26. 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