Lenoir County NcArchives Court.....Kitty Kornegay Et Al, George Smith Vs 1857 ************************************************ 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: Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00016.html#0003873 February 16, 2014, 5:08 pm Source: Whitfield Grady Collection Written: 1857 State of North Carolina Duplin County Court of Pleas and Quarter Sessions April Term 1857 To the worshipful, the Justices of said Court The petition of George SMITH against Kitty KORNEGAY, William HOUSTON & child (name unknown) Thomas Hill KORNEGAY'S child, an infant (name unknown to your petitioner) Kitty Eliza KORNEGAY, Abraham KORNEGAY, Whitfield GRADY & wife Eliza, William Kornegay HINES and Zilpha, his wife, George W. KORNEGAY. William BOSTICK and Polly his wife, Frederick GRADY and Ann his wife, his wife and Zack SMITH administrator of Winney KORNEGAY and William Henry KORNEGAY respectively showeth unto your worshipps that Winney KORNEGAY and William Henry KORNEGAY being entitled by the will of William KORNEGAY deceased to two fifths,, what is to say one fifth each, of and to the following negro slaves=to wit Joe, Prince, Peg and her five children, Allen, Sarah, Stark, Ede & Rachel; Hannah and her two children, Dilcy & Willis; as mentioned in said will of William Kornegay subject tot he life estate of Kitty KORNEGAY, Nancy Thomas KORNEGAY, who married William HOUSTON and died leaving a child Thomas Hill KORNEGAY, and Kitty Eliza KORNEGAY by the provisions of said will, being entitled to the the other three fifths, died intestate and without issue, without having their shares in said property set apart to and for them, and Zack SMITH was duly appointed administrator upon their respective estates. That the said Kitty KORNEGAY, being the mother of the said Winney and William Henry, became entitled upon their deaths to one ninth part of their respective estates that the said Kitty being so entitled, conveyed her interest and title in said property to Blany WILLIAMS, and the said Blany conveyed the same to George SMITH your petitioners. Your petitioner further showeth that the said negroes have been divided and partitioned among the defendants without assigning to your petitioner or the said Blany Williams my portion of said property. Your petitioner further shows that he desires to have the said Slaves divided, and two fifths thereof set apart to and for your petitioner, but that a division in kind cannot be made without injury to the parties concerned. Your petitioner therefore prays your worships to order a sale thereof, on such terms as to your worships may seem best, and that the proceeds of the sale may be divided among your petitioner and the defendants according to their respective rights and interests in said slaves. May it please your worships to grant unto your petitioner the states writ of subpoena to the said Wm. HOUSTON & child. Zack SMITH administrator as aforesaid Kitty KORNEGAY, Thomas Hill KORNEGAY'S child ( name unknown) Kitty Eliza KORNEGAY Whitfield GRADY & wife Eliza (in Lenoir) Wm. KORNEGAY (Wayne) William BOSTICK? & wife Polly, Frederick GRADY & wife Zilpha Ann, surviving child of Charlotte SMITH, respectively, to be directed, Commanding them to appear and answer, - & to order publication to be made as to the said George W. KORNEGAY and Hines and his wife Zilpha who reside beyond the limits of this State, notifying them of the filing of this Petition, and directing them to appear and answer - and your petitioner as in duly bound will ever pray. HOUSTON & ALLEN Attns for Petitioner A true copy John J. Whitehead, Clerk Case cover page George Smith VS Kitty Kornegay & Others Copy Petition to be Delivered to Whitfield Grady & wife Eliza File at: http://files.usgwarchives.net/nc/lenoir/court/kittykor2504gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 4.0 Kb