Edgecombe County, NC - John Daws Estate Records ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RECEIPT OF WELLS DAWS, MILES DAWS, FANNY PROCTOR, NANCY DAWS, DELELA WILLIAMS. Received of Geo. W. Blount & Dossey Battle, commissioners appointed to sell the lands of John Daws for partition our distributive shares of said proceeds; lands sold by order of Superior Ct. of Wilson and sale confirmed, 10 Jan. 1895, signed Nancy Daws (X), Fannie Proctor (X), Meles Daws (X), Delila Williams (mark), W.H. Williams, Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. APPLICATION FOR LETTERS ADMINISTRATION, JOHN DAWS, DEC'D, 6 July 1891. Wells Daws applied, stating that John Daws died intestate leaving an estate valued about $600 and Matilda Taylor, Miles Daws, Fannie Proctor, Susan Barnes, Wells Daws, Dillilah Williams, Nancy Daws and Newton Taylor & Timothy Taylor, representing their mother, Mahala, deceased. Administrator's Oath was taken same day by Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. FINAL ACCOUNT OF WELLS DAWS, ADMINISTRATOR OF JOHN DAWS, JAN. 18, 1895. Recorded in Record of Accounts #4, page 47. Records of (disbursements) #2, page 204. Amount to be distributed- $523.97 to be divided into 8 shares of $65.49. Paid to Nancy Daws, Delila Williams, Miles Daws, Fanny Proctor, on Sept. 20, 1894; to Hilliard Taylor & wife Mary Matilda on Oct 5, 1894; Susanna Barnes received $25 on Nov 20 & $40 on Dec. 26; T.N. & Z.J.N. Taylor on Dec. 29, 1895; Retained by Wells Daws on 29 Dec. 1895. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. ACCOUNT OF WELLS DAWS, ADMIN. OF JOHN DAWS. Receipts on June 28, 1893 include $207.28 for sale of personal property; $7.16 note from W.H. Williams; $156.95 & $113.16 notes from Wells Daws; $375.00 (certificates of deposits); $41.00 interest from 2 Sept. 1891; total $900.55. Disbursements include $14.50 to J.F. Winstead for coffin; $3.82 "housing Jolly Edwards coop."; $73.00 Dr. E.G. Moore; $16.25 Dr. Humberly; signed June 28, 1893. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. H.S. TAYLOR & WIFE VS WELLS DAWS & OTHERS. Report and decree; SPD 3 (Special Proceedings), page 240. Wilson Co. Superior Court Sept. 28, 1894, H.S. Taylor & wife, Mary Matilda Taylor vs Wells Daws and others, report of sale. Commissioners sell the land set out and described in the pleadings after advertising the same for six successive weeks in the Wilson Times, a newspaper published in the Town of Wilson. They sold on the first Monday of Sept. 1894, it being the third of the month at the courthouse in Wilson, where after strong bidding and competition, Wells Daws became the last and highest bidder at the price of $1830 and was declared the purchaser. Notice was given that after 20 days notice application would be made for confirmation, if no objection was made or bid raised. None such being made, the undersigned report that in their opinion, the land bought a fair price. Submitted by Geo. W. Blount, Dossey (Bunn). DECREE OF CONFIRMATION was recorded on Sept. 28, 1894. Court approved sale and ordered Geo. W. Blunt and Dossey Battle to make title to the purchaser, Wells Daws upon payment of the purchase price plus the cost to be taxed by the clerk including allowance for attorney fees of $50 paid by Wells Daws and $200 to commissioners for making sale and disbursing the distributive shares, including Mary Matilda Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. H.S. TAYLOR & WIFE MARY MATILDA DAWS VS WELLS DAWS & OTHERS (PETITION FOR SALE OF LAND FOR PARTITION. WILSON CO. SUPERIOR COURT. H.S. Taylor & wife, Mary Matilda Taylor vs Wells Daws et el, heirs at law of John Dawes. This cause coming on to be heard on exception to the report of the commissioners heretofore appointed to divide the lands of John Dawes described in the petition, it is now by agreement adjudged that so much of the order heretofore made direction a division of said land by metes and bounds be set aside and that an order to make and (execute) partition a sale thereof is necessary and to that end Geo. W. Blount and Dossey Battle are hereby appointed commissioners of the court to make sale of the same and to make partition of proceeds among the heirs at law of John Dawes, deceased, including Mary Matilda Taylor, wife of Hilliard S. Taylor, to that end Geo. W. Blount and Dossey Battle commissioners as are said shall offer due advertisement for thirty days by notice posted at the court house door in Wilson and three other public places in Wilson County and published for four successive weeks in the Wilson Mirror or some other newspaper published in Wilson County, sell the said land at public ( ) cash before the Court House door in the Town of Wilson and make report within thirty days after day of sale and the cause is retained for further directions, this June 26 1894. Approved Battle & Thomas, attys for plaintiffs, G.W. Blount, atty for defendant. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. NOTICE OF PLAINTIFF, 24 Apr. 1893 by reading to the plaintiff, W.T. Knight, sheriff per W.C. Daughtridge, Dept. Hilliard Taylor et al vs Wells Daws et al. To Hilliard Taylor, TAKE NOTICE! That by virtue of an order made in the above cause at Feb Term, 1893 by Judge Geo. A. Shepperd, you are required to come forward and prosecute this action at June Term 1893 or judgement of non suit will be entered against you and you will be taxed with the costs. Issued 11 day of March 1893. Signed A.B. (Dasu), Clerk Superior Court. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (Wilson Co) executed Feb 1892 for R.M. Braswell and Fanny Proctor to appear on the 4th Monday, the 1st Monday in (March) to appear in the case of Hilliard Taylor and wife, plaintiffs and Wells Daws & others, defendants. Issued 16 Feb 1892. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (Wilson Co) issued on 2 Jan 1892 for Hines Proctor to appear in case of Hilliard Taylor and wife, plaintiffs and Wells Daws defendant. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (Nash Co.) Issued 2 Jan 1892 for Isaac Robbins to appear in case of Hilliard Taylor plaintiff and Wells Daws defendant. Subpoena was marked "I believe he is in Halifax near Enfield." NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA, Wilson Co., Issued 28 Aug 1893 for Spencer Whitehead, Ruben Daws, (Teriey) Daws to appear in the case of Hilliard Taylor vs Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (WILSON CO). Issued 25 Jan 1892 for Nancy Daws, Jake Boseman, Delphia Boseman, Miles Daws, Fanny Proctor, W.B. Daws to appear in the case of Hilliard Taylor vs Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (WILSON CO). Issued 4 Feb 1892 for Isaac Robbins to appear in the case of Hilliard Taylor vs Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (WILSON CO). Issued 25 Jan 1892 for Fanny Proctor & Richard Braswell to appear in the case of Hilliard Taylor vs Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. SUBPOENA (WILSON CO). Issued 11 Feb 1892 for Ben Daws (scratched out and W.B. Daws written ) to appear in behalf of dft. in the case of Hilliard Taylor vs Wells Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. DEED- This indenture made and entered into this the eighteenth day of May in the year of our Lord 1867 between Hilliard S. Taylor of the county of Edgecombe & State of North Carolina of the first part and Matilda Taylor of the County and state aforesaid of the second part Witnesseth that the said Hilliard S. Taylor for and in consideration of the love and high regard (question mark) owe the said Matilda Taylor as my the said Hilliard S. Taylor's wife do give her the said Matilda Taylor the following named property viz all my land and appurtenances thereunto belonging and lying in the County of Edgecombe and state aforesaid lying on the east side of the Wilmington and Weldon Rail Road and on the south side of Tieand (question mark) Cokey Swamp and bounded on the north by Benjamin Daws' land and on the south by Miles Daws ' land and adjoining the Robbins land and others containing one hundred and six acres and a half (106 «) to have and to hold to her the said Matilda Taylor her natural life and after her death to her children and also I give her my household and kitchen furniture & c and also my stock cows & calves horses & c, hogs and other stock to have and hold to her the said Matilda Taylor against the claim or claims of any and all persons and I Hilliard S. Taylor this day having a perfect right to convey the same. In witness whereof I have hereunto set my hand and seal the day and date above written. H.S. Taylor. Signed and sealed and delivered in presence of W.H. Robbins. Probate Court, Edgecombe County, March 10, 1880. Proved by W.H. Robbins. Recorded Book 49, page 120. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. RECEIPT- Wilson County Superior Court, Received Feb. 15 1895 of Geo. A. Blount and Dossey Battle, commissioners appointed to sell the lands of the late John Daws and make distribution of proceeds among the heirs at law, one hundred and seventy four 27/100 dollars our distribution of the proceeds as appear of record. Witness our hand & seal the date above written. (Z.S.N) Taylor, T.N. Taylor. Signed before H.B. Poss, N.P., Stake of Arkansas. Z.J.N. Taylor signature appears to be Z.S.N. but is noted in notary's statement as Z.J.N., signed 9 March 1895. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. RECEIPT- Received of Dossey Battle and George W. Blount, commissioners, appointed by the Superior Court of Wilson County in the cause entitled Hilliard S. Taylor and wife Matilda vs Wells Daws and heirs of John Daws, to sell the lands described in the petition filed in said suit for division among the heirs of said John Daws the sum of one hundred & seventy four 27/100 dollars being the full share of Matilda Taylor in said estate of John Daws. This January 17th 1896. Hilliard S. Taylor (X), Matilda Taylor (X). North Carolina, Edgecombe County. Personally appeared before me, a justice of Peace of Edgecombe County, Hilliard S. Taylor and wife, Matilda Taylor who acknowledge the due execution of the forgoing receipt and the said Matilda Taylor being by me examined separate and apart from her said husband touching her voluntary execution of the same says she signed the same freely and voluntarily without the fear or compulsion of her said husband or any other person and doth still voluntarily assent thereto. Witness my hand and seal January 17 1895. Fenner Gay, Justice of Peace. RECEIPT- of $174.37 as full share of Susan Barnes as heir to estate of John Daws, signed H.M. Barnes, Susan Barnes (X). (NOTE: POSSIBLY F.M. BARNES) Appeared before B.E. Williams, JP and acknowledged receipt of money, Susan was examined separately. Signed 2 Mr. 1895. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. NOTE- Since accepted for all the parties except those represented by ( ) Bunn & Battle. Geo. A. Blount, Atty. (NOTE: not sure to which papers this applies). NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. NOTICE OF DEPOSITION- Wilson Co. Superior Court, Hilliard Taylor and (wife) and others ex parte. To Geo. W. Bunn, Esq. Att. ( ) all the petitioners except Hilliard Taylor & wife and Newton & Timothy Taylor. You are hereby notified that the deposition of the petitioner, Mary Matilda Taylor will be taken by Fenner Gay, Esq. (Commenc) at her residence about three quarters of a mile from Sharpesburg, NC on Friday, Feby. 5th 1892, at 9 a.m. the same (3 words ) in the (controversy) now pending in the above (entitle) cause in Wilson Superior Court, Jany. 29, 1892. Bunn & Battle, atty. ( all)(NOTE: this could be one word or ?? all) the petitioners except those represented by Mr. Blount. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. COMMISSION TO TAKE DEPOSITION- To Fenner Gay, Esq. Greeting: We, reposing special trust and confidence in your integrity, do authorize and empower you to cause Mary Matilda Taylor, wife of Hilliard Taylor to appear before you at such time and place as you may appoint, and her on oath to examine touching all such matters and things as She Shall know of, and concerning a certain matter of controversy in our Superior Court for the County of Wilson Pending Entitled Hilliard Taylor's wife & others ex parte in behalf of said Mary Matilda Taylor (defendant was printed on form here but scratched out). And the deposition in writing by you so taken, the same transmit, sealed with you seal, to our Superior Court, to be held for said county, on the 4th Monday before the Monday of March 1892, that is on Feby. 8th 1892. Witness. A.B. (Deans), Clerk of said Court, at office in Wilson NC this 29th day of January A.D. 1892. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. DEPOSITIONS- Wilson Co. Superior Court. Hilliard Taylor & wife and others Ex parte. The undersigned commissioners respectfully reports to the court that under the annexed commission issued from the Wilson Superior Court in the above intitled action he proceeded to take the depositions of Marie Matilda Taylor and Nancy Jane Holland as witnesses for the said Marie Matilda Taylor in this controversy between her and the other petitions except Timothy & Nuton Taylor at the residence of the said Marie Matilda Taylor in Edgecombe County on the 5th day of February 1892 George W. Blount Esq. Being present as attorney for the petitioners other than Hilliard Taylor and the said Marie Matilda Taylor his wife and Timmothy and Nuton Taylor these last four being represented by Bunn and Battle. Present as there counsel. Marie Matilda Taylor being duly sworn testified as follows: 1 QUESTION: What is your name; age & place of residence. ANS. My name is Marie Matilda Taylor wife of Hilliard Taylor & the daughter of John Daws, I am going on 65 years of age; I live in Edgecombe County about 1 mile from Sharpsburg. 2 QUESTION: What is the condition of your health and are you able to travel to court. ANS. I have bin a great sufferer from Rheumatism for the past 5 years I haven't bin able to get out of the house for the past 2 years but once and then they carried me out in my chair . I am not able to get about in the house at all except on my crutches and not much at that I am not able to travel to court. 3 QUESTION: Did you authorize your name to be used to a petition filed in Wilson Superior Court for the division of your father's land setting fourth that you had bin fully advanced and were not entitled to any part of said land. Ans: I never did. QUESTION: When did you first know that commissioners had divided this land without giving you any part of it. ANS. I did not know it until after it had bin done and some persons told me about it. 5 QUESTION: Did your father ever in his life time make any advancement to you. ANS. He never did give me any land, he did give me a feather bed a spinning wheel and some other ( ) articles of personal property like he gave to his other children. 6 QUESTION: The land upon which you are now living die it formerly belong to your father and to whom did he convey it. ANS: This land did belong to my father and he deeded it to my husband Hilliard Taylor in two pieces. 7 QUESTION: Did you ever here of any mistake in respect to the form in which the deeds from John Daws to Hilliard Taylor were executed. ANS. I never did. 8 QUESTION: Who holds the title to the land conveyed to Hilliard Taylor as aforesaid by your father. ANS: Hilliard Taylor afterwards conveyed this land to me my natural life and then to my children. 9 QUESTION: Why did Hilliard Taylor make such conveyance. ANS: Because he said he did not know how long he had to live in this world and (Then) he wanted to straiten up his business before he died. 10 QUESTION: Please give the names ages & places of residence of your children. ANS: I have nine living children, all of them over 21 except my youngest Pennie Elizabeth who will be 21 Aug. 12/92. I have lost 5 children all of whom died unmarried without issue and intestate the living children are as follows: Nancy Jane Holland a widow residing with me, Cornealis Baten Taylor living in Edgecombe County, Jesse Baker Taylor living in Wilson County, Frankey Ann Grice wife of Absalum Grice living in (Wane) County, Marie Catherine Taylor who lives here with me, William Dorsey Taylor who lives near me in Edgecombe County, Louis Jordan Taylor who lives in Nash County, Jeanette Evans the wife of Wade Evans who lives in Wilson County, Penny Elizabeth Taylor who lives here with me. 11 QUESTION: Do you of any advancements made by your father to any of his other children if so tell about the same. ANS: He told me he gave each of his children $20 in gold Wells Daws told me that John Daws gave him four hundred dollars which he invested in the purchase of land, Wells Daws said that father gave him this money for safe keeping my father told me that he had payed about all on Miles Daws land that ever had bin payed on it then he brought to me at one time about two hundred dollars & (over) which Hilliard Taylor was to carrie to W.H. Robbins to take up a land note held by Robbins against Miles. CROSS EXAMINATION: 1 QUESTION: Were you settle on this land after marriage before the deed was made to your husband. ANS: I was I cannot recollect how long. 2 QUESTION: Did you not insist that a deed should be made for the land in order that she and her children might enjoy the benefit of the improvements. ANS: I did not. 3 QUESTION: When did you know the deed for the land was in Hilliard Taylor's name. ANS: I can not recollect I never did think the deed was made to my they always told me it was made to Hilliard. 4 QUESTION: Did you not insist that title should be changed and that your father had made a mistake in making it to Hilliard Taylor and was the title thereupon changed. ANS: I did not Hilliard Taylor made the deed of his own free will and accord. 5 QUESTION: Was not the deed made to Hilliard Taylor made by your father as advancement for you and did not regard it as your share in his land. ANS: No I did not I know nothing about no advancement. 6 QUESTION: Have you not told Wells Daws or others that you had had your shear of your father's land. ANS: If I ever did I do not recollect it. 7 QUESTION: Did you not know that a partition for the division was to be files and that the land was to be divided & did you make any objection thereto. ANS: I was informed by Brother that he was going to have the land run around and split up and I expected to get my share. I made no objections soon as I found I got no shear I applied for my shear. (Signed) Marie Matilda Taylor (X). Sworn to and subscribed to before commissioner this Feb. 5th 1892. Fenner Gay, comm. At the same time and place Nancy Jane Holland being duly sworn testies as follows: 1 QUESTION: What is your name age and place of residence. ANS: My name is Nancy Jane Holland, daughter of Hilliard and Marie Matilda Taylor, I am going on 46 years of age and I live here with my parents. QUESTION: What is the condition of your health and are you able to travel to court. ANS: my health is bad and I am not able to travel to court. 3 QUESTION: Did you ever have any conversation with your grandfather John Daws about the matter of dividing his estate and when & where was it. ANS: I had a conversation with him at his house a little over two years before he died he said Jane your poor old grannie tried to get me to make a will I did not do it now I never (shant) for the law may equally divide what I have among my children for I could not make one satisfactory and Aunt Nancy said she would and he said the law might equal divide what he left among his children said he had already pade out five hundred dollars on Nancy and would pay five hundred more if I could get her ( ). Nancy Jane Holland (X). Sworn to and subscribed to before me this Feb. 5yh 1892. Fenner Gay, comm. I hereby report to this honorable court that the foregoing is a full true and perfect statement of the examination taken before me as commissioner as above state; witness my hand seal this Feb. 5th 1892. Fenner Gay. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. DEED- date of deed 12 Oct 1848, date recorded 30 Sep 1869 in Edge. Co. db 30, page 676, John Daws to Hilliard Taylor, both of Edge. Co. for $39.37 «, a tract of land on the south side of the Tarboro and Raleigh Road and on the west side of the new road beginning at a small corner pine on the west side (?) And near the new road a corner of a tract of land I have before given to the said H. Taylor then with the said new road to a lightwood stake (ceartred) by a black and post oak & pine Thomas J. Braswell's corner then with said Braswell's line, made today, west 135 poles to a small red oak corner then west 8.30 poles to hickory corner then west 80 east 4 poles to a pine corner in a branch then down the various courses of said branch to a black gum corner then north 82 east along a line of marked trees to the first station, containing 15 3/4 acres, signed John Daws, wit. G. Armstrong, Frances W. Taylor. Acknowledged in open court by John Daws. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. PETITION OF PARTITION- Hilliard Taylor & wife, Mary Matilda Taylor ( ) John Daws land, Toisnot Township. Wilson County Superior Court, Sept. 24, 1891, Hilliard Taylor & wife, (1) Matilda Taylor, (2) Miles Daws, (3) (Neuton) Taylor & Timothy Taylor, children & Only heirs at law of Mahala Taylor, (4) Fanny Proctor, (5) F.H. Barnes & wife Susan Barnes, (6) Wells Daws, (7) W.H. Williams & wife Delelah Williams, (8) Nancy Daws, heirs of the late John Daws; John Daws advanced to his daughter, on her marriage to Hilliard Taylor, 100 acres on land valued at about $400 at the time of the advancement; at the time of his death, John Daws was possessed of 539 acres of land adjoining the lands of Charles Proctor, Julia Braswell, Nancy Price, Louisana Williams, Frank (Farmer), Silas Dunn, J.W. Taylor, Skinner & Latham & Jack Batchelor; the petitioners ask for an equal division after allowing for advancement to Mary Matilda Taylor and ask court to appoint commissioners to partition land, Geo. W. Blount, atty for Petitioners. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. PETITION- Hilliard Taylor & wife, ex parte. Wilson County Superior Court, Hilliard Taylor and wife, Mary Matilda Taylor, Miles Daws, Newton Taylor and Timothy Taylor, children and only heirs at law of Mahala Taylor, dec'd, Fany Proctor, F.(U or M) Barnes and Susan Barnes, his wife, Wells Daws, W.H. Williams & wife, Delilah Williams, and Nancy Daws, ex parte, the petitioner, Mary Matilda Taylor respectfully shows to the court (1) that on Sept. 24, 1891 as she is informed and believes a petition was filed in this court, ( ) as above, praying ( ) partition of a certain parcel of land in said county of Wilson, of which John Daws died seized and possessed, a tract adjoining the lands of Charles Proctor, Julia Braswell, Nancy Price, Louisana Williams, Frank Farmer, Silas Dunn, J.W. Taylor, Latham & Skinner, & Jack Batchelor, containing 539 acres, among the 8 heirs of said John Daws, dec'd and as such the owners as tenants in common of said tract, (a), Mary Matilda, wife of Hilliard Taylor, daughter of said Jno. Daws, (b) Miles Daws, son of Jno. Daws, (c) Newton Taylor & Timothy Taylor, the only children & heirs at law of Mahala Taylor, a deceased daughter of Jno. Daws & entitled to one undivided eight of said land, (d) Fanny Proctor, a daughter of Jno. Daws, (e) Susan Barnes, wife of F.M. Barnes, a daughter of said Jno. Daws, (f) Wells Daws, a son of Jno Daws, (g) Delillah Williams, wife of W.H. Williams, a daughter of said Jno. Daws, (h) Nancy Daws, a daughter of said Jno. Daws, each entitled to one undivided eight, said petition states that "said John Daws advanced to his daughter Mary Matilda on her marriage with Hilliard Taylor100 acres of land reasonably worth $400" which statement is untrue and this petitioner never authorized the use of her name to a petition containing any such allegation. (3) That the said John Daws did sell and convey with said Hilliard Taylor, a tract of land containing 100 acres by deed dated Feby 19 1847 and recorded in Edge. Co. Deed Book 24 at page 253 where the land is fully described and the consideration therein expressed being $300 paid by said grantee to said grantor and another tract containing 15 3/4 acres by deed dated Oct 12 1848 recorded in Be 30, page 676 the consideration therein expressed as $39.37 « paid by said grantee, Hilliard Taylor to said grantor, John Daws. Said real estate being by virtue of a deed of gift from said Hilliard to the petitioner dated May 18 1867 in Edge. Co. Deed Book 49, page 120, now the property of this petitioner. (4) That this petitioner has never received any advancements whatever from her father the said John Daws. (5) That she has just recently ascertained that an order has been made in this special proceeding appointing Cally Braswell, Jesse ( ) and Isaac Page Esqs. Commissioners to divide said land and they have made a division in which they allot no shares whatever to this petitioner. (6) That she is willing now for this special proceeding to go on provided the untrue allegation about advancements made to her be stricken out of the petition and a new order be made to divide said land into eight equal shares & to be allot one to each of the co-tenants, including this petitioner as they are respectively entitled to the same as above set forth. Signed Oct 8, 1891, Bennett Battle, for Mary Matilda Taylor. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. ANSER TO PETITION- (1) The petitioners other than Hilliard Taylor and wife, answering the petition in the cause say that the allegations in the original petition are true as to the advancement made by John Daws in his lifetime, to his daughter Matilda Taylor, wife of Hilliard Taylor and these petitioners do now reaffirm the same. (2) That Mary Matilda Taylor expressed her willingness unto the others to ( ) in petition for partition and the petitioner Wells Daws who is also administrator upon the estate of John Daws, the common ancestor, well knowing the facts in the case had the petition so ( ) as to speak the truth concerning the advancement to his sister Mary Matilda Taylor never at all supposing the fact os well known to all the heirs at law would be disputed. (3) It is true that in making conveyance of the land designed and intended as an advancement to his said daughter, his apprending the effect thereof, the said John daws did actually deed to Hilliard Taylor in fee of a tract containing 100 acres for the nominal consideration of three hundred dollars, that afterward upon survey of the lands it being found not to contain one hundred acres the said John Daws made conveyance of another tract of 15 (3/4) acres, which being in excess of the one hundred acres intended as advancement, took the note of the said Hilliard for the sum of (blank) dollars the agreed price for the excess, but that the said Hilliard failing to pay that sum for a considerable time and the said John Daws becoming tired of paying tax on the ( ) as solvent ( ) surrendered it to the said Hilliard upon the payment of one dollar, and that the said Hilliard Taylor did not pay the sum of $39.37 « or any other sum of money than the one dollar set forth above, and the petitioners aforesaid further answering say that the said Hilliard Taylor with advice as to the effect of the deeds to him, did in ( ) of the purpose of the father of is wife, to advance to his wife the land before described, make a deed of gift to the same to his said wife on the 18th May 1869. (4) Allegation no 4 of petition in the cause is not true, on the contrary the conveyance of the one hundred acres on the 19th Feby 1847, and that of the 15 « acres on the 12th Oct. 1848 to Hilliard Taylor husband of the petitioner Mary Matilda Taylor was intended as advancement to the said Mary Matilda by her father John Daws and has ever since been so regarded and acknowledged. (5) That no objection was made till after the order of the court made for partition and the commissioners had made division in which the advancement made as aforesaid was adjudged to be the full share of the said Mary Matilda in the estate of John daws and further, that the division made as seen by their report filed in office the petitioners verily believe to be fair and equitable and therefore ask the court to confirm the same, and to dismiss the petition in the cause. Signed Geo. W. Blount, atty for the petitioners for partition. Wells Daws one of the petitioners being duly sworn says that he has heard read the answer to the "petition in the cause" filed by Mary Matilda Taylor and that the same as to matters related as of his own knowledge are true those stated on information and belief or otherwise he believes to be true. Signed Wells Daws. Sworn to & subscribed before me the (blank) day of Oct. 1891. Signed AB. Deans, CLC. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. ANSWER TO PETITION- In the matter of the petition of Hilliard Taylor & wife and others, ex parte. The answer of Wells Daws, Fannie Proctor, Miles Daws, Delila Williams, and Nancy Daws, the only ones of the heirs at law of John Daws living in or near to the County of Wilson to the petition of Mary Matilda Taylor showeth that it is true the deeds for the 115 34 acres of land made and executed in 1847 and 1848 were by (inadventiner) made to Hilliard Taylor the husband of Mary Matilda but were intended as an advancement and it was so regarded and acknowledged until since the death of the said John Daws, and that the said Hilliard Taylor in recognition of the same did on the 18th May 1867 convey the said land to his wife which said deed is registered in Edgecombe Count where a part of the land there lays and was no idea in the mind of the petitioners when the petition for partition was made that there would be a denial of what was so generally understood to be the fact and who of these petitioners now aver to be the fact, to wit that Mary Matilda Taylor wife of Hilliard Taylor was advanced in the manner and form above set forth to the extent of one hundred acres of land at one time and 15 3/4 acres at another, as the deeds will show. Signed Dillila Williams, Nannie Daws (X), Fannie P. Proctor (X), Wells Daws, Miles Daws (X). Sworn to & Subscribed before me the 24 Oct. 1891. J.H. Barkley, J.P. MARKED AFFIDAVIT OF WELLS DAWS & OTHERS. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. NOTE OF CLERK- In the Superior Court, Hilliard Taylor and wife and others, ex parte. An issue having been raised in this special proceedings, on the petition in the cause, filed by Mary Matilda Taylor as to whether the deeds executed by her father, John Daws to her husband, Hilliard Taylor, were so executed by mutual mistake & as to whether it was the intention of the parties at the time of the execution of said deeds to name the said Mary Matilda as grantee, now in motion of said petition this cause is placed in the civil issue docket for the determination of said cause. Oct. 20th 1891. A.B. Deans, Clerk Superior Court. NC Archives, Wilson Co. Estates, CR.105.508.20, John Daws, 1891. ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Tommy Colbert - clycolbert@aol.com ______________________________________________________________________