Edgecombe County, NC - KINCHEN LEWIS - Petition of heirs-1910

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Jo Webb <jwebb65865@aol.com>

NORTH CAROLINA
EDGECOMBE COUNTY

JULIUS P EDWARDS and    )                OSWALD L LEWIS, HERBERT
   W B EDWARDS          )      VS        LEWIS, AND HUGH LEWIS  
  			)                Petition for partition

                      The petitioners allege:

                                 1

     That the late Kinchen C Lewis died in the year 1894, domiciled in said
County, leaving a last will and testament, in which he devised land as
follows:

     I give and bequeath to my son Kinchen T Lewis the tract of land upon 
which he now resides, on the west side of the Hurricane Branch, his lifetime 
and then to his children.
                                 2

     That the said Kinchen T Lewis had born to him five children who 
survived him, viz: Artimissa, who married Thad Everett, Walter Lewis and 
the defendants above named, Oswald L Lewis, Herbert Lewis and Hugh Lewis.

                                 3

     That on May 13th, 1904, the said Artimissa Everett and her husband, 
Thad Everett, by deed recorded in Book 113, page 524, conveyed their 
undivided interest in said land, hereinafter more fully described, to Julius 
P Edwards and W B Edwards, the plaintiffs above named; and, on December 18th,
1905 the said Walter Lewis and Lula, his wife, conveyed their undivided 
interest therein to W B Edwards, one of the plaintiffs, by deed recorded in 
the Register’s office in Book 130, page 48.

                                 4

     That the plaintiffs and defendants are tenants in common and are seized
in fee simple, and are in possession, of said lands, more fully described as
follows:
     Lying and being in Barterfield Township, said County, on the south side 
of Aughtrey’s Creek, west side of Hurricane Branch, adjoining the lands of 
W S Crisp, deceased, Ben. Phillips, the late J A B Thorne, John Thomas 
Phillips, W Thad Lewis, and perhaps others, containing 160 acres, more or 
less, in the proportion of two-fifths to the petitioners, Julius P Edwards 
and W B Edwards, and one-fifth to each of the defendants, Oswald L Lewis, 
Herbert Lewis and Hugh Lewis.
                                 5

     That the petitioners, W B Edwards, paid the taxes on said lands for 
the year 1908 on the 5th day of July, 1909, and that the taxes on same for 
the year 1909 are now due the Sheriff.

                                 6

     That the petitioners are entitled to rents for the years 1908, 1909, 
and 1910, against the defendant Oswald L Lewis, who has been cultivating 
the same; that the petitioners and the said Oswald L Lewis have agreed upon 
the sum of Fifty-five dollars per year as the amount due for said rent, 
making a total of one hundred and sixty-five dollars now due by the said 
Oswald L Lewis to the said petitioners and which he has agreed shall be a 
charge on his interest in said lands and to bear interest from December 1st,
1910.
                                  7

     That all of said parties desire to have their interests in said land
allotted to them in severalty.

     Wherefore, your petitioners pray that you will appoint three 
commissioners to divide the same, by proper metes and bounds, and to allot 
to the petitioners two-fifths of same in one body, and to each of the 
defendants one-fifth; and if an equal division cannot be otherwise made, 
then to charge the more valuable dividends with such sums of money as they 
shall think necessary, to be paid to the shares of inferior value in order 
to make an equitable partition; that there shall be charged in the bill of 
costs the sum of $7.23 and interest on same from July 5th, 1909, to be paid 
to the said W B Edwards, and the sum of $7.13, taxes for the year 1909, 
payable to B F Dawson, Sheriff; and that the share of the said Oswald L 
Lewis shall be charged with the sum of $165.00, with interest from December
1st, 1910, payable to the petitioners, Julius P Edwards and W B Edwards; 
that said commissioners report to this court their proceedings under their 
hands, or the hands of any two of them, in sixty days after the notification
of their appointment.

October 3rd, 1910			
                                          James Pender
                                          Attorney for Petitioners

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