PETITION OF DEVINNEY HEIRS ****************************************************************** File transcribed and contributed for use in the USGenWeb Archives by: Jim USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor, OR the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ****************************************************************** North Carolina } Court of Pleas & Quarter Sessions Guilford County } November Term 1853 To the Worshipfull the Justices of said Court The petition of Hannah Davenny, Jesse Davenny Abner Davenny, Enoch Pugh & Pathia his wife, Thomas Davenny Fanny Brown Elizabeth Albright Samuel Davenny Greenberry Grace and Jane his wife, Henry Grace & Nancy his wife, Lydia Hunter, Lewis Walker & Nancy his wife Madison Brown & Lucinda his wife David Bain & Fanny his wife Samuel Davenny Junr Madison Davenny Clement Davenny Jacob Coble, Hugh McKegg & Nancy his wife Samuel Jones & Catey his wife Euley (Euby?) Coble, and Jesse Davenny and Alfred Hemphill administrators of Jamima Davenny decd & David Coving (?) Humbly complaining shew unto your worships your petitioners aforesaid that Hannah Davenny one of your petitioners aforesaid and her sister Jamima Davenny were in the life time of the said Jemima tenants in common five negro slaves to wit Abram, Hannah Fanny & Jacob (sic only four names), to whom they derived title under the last will and testament of their mother Ann Davenny deceased and which will fully appear by the said last will and testament reference being thereunto made and that since the death of the said Jamima another child has been born by one of the above named female slaves which has not yet received a name. That the said Jamima departed this life intestate in said County in the year 1850 leaving all the above named petitioners except the said Hemphill & David Coving (?) next of kin & distributees who are entitled to distribution of her personal estate in the following manner & proportions (Viz) Hannah Davenny who owns one half in her own right will be entitled to one thirteenth of her sister Jamimas estate and your petitioners Jesse, Abner, Pathia Pugh, Thomas, Fanny Brown Elizabeth Albright Samuel Jane Grace Nancy Grace and Lydia Hunter being brothers & sisters of the said deceased will be entitled to one thirteenth each. That your petitioners (Lewis Walker & [lined out]) Nancy Walker (his wife, Madison [lined out]) Lucinda Brown Fanny Bain Samuel Davenny Madison Davenny and Clement Davenny & Jesse Devinny being the only children and next of kin of James Davenny a deceased brother of the said intestate will be entitled to 1/13th part equally to be divided among them:. And that your petitioners Jacob Coble Nancy McKegg Catey Jones & Euby Cable being children and next of kin of Lydia Cable a deceased sister of said intestate will be entitled to 1/3 part of said slaves equally to be divided among them. Your petitioners show unto your worships that they are tenants in common of the above named slaves and that their respective interests are as is above set forth and that as such tenants in common they are entitled to partition and to have their respective share of each assigned to him or her in severalty, but they respectfully shew that altho a division might be made between your petitioners and the said Hannah yet on account of the large number of shares in that part belonging to the estate of Jamima Davenny no division could be made. They further shew unto your worships that a sale of said slaves would (illegible) promote the interests of all said petitioners and they therefore pray your worships to order and decree a sale of said slaves upon such terms (torn area) time and place as shall appear to your worships best calculated to promote the interest of all parties to this petition and that if any portion of the proceeds of sale should be required by your petitioners Jesse Davenny and Alfred Hemphill admrs of the said intestate, that your worships should order such amount of the proceeds of sale as may be required to be set aside for that purpose, and order the balance to be distributed among your petitioners according to their several & respective rights. Your petitioner David Causey(?) sheweth unto your worships that he has purchased the entire interest of Hannah Davenny in the above named slaves for a valuable consideration and taken deeds of conveyances & assignment for the same and that he will entitled to her proceeds of said sale when due all of which he is ready to shew to the satisfaction of this worshipfull Court when required and accordingly prays your worships to order and direct all the interest of the said Hannah in the proceeds of said sale to be paid to him. And your petitioners pray for all other and further relief and all other & further orders & decrees which the nature and circumstances of this case shall from time to time require And your petitioners as in duty bound etc. C. P. Mendenhall Ralph Gorrell Atty NORTH CAROLINA ARCHIVES, RALEIGH, NORTH CAROLINA LOOSE PAPERS OF GUILFORD COUNTY, ESTATE RECORDS BOX 046.508.62 ESTATES OF JEMIMA DEVINNEY AND SAMUEL DEVINNEY