Lenoir County, NC - Benjamin Sutton, Partition of Lands, 1872 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Subject: LENOIR CO., NC - BENJAMIN SUTTON HEIRS Vol A. Divisions, Dowers, and Provisions - pages 39 - 42. Lenoir County, NC Courthouse Land description is abstracted. Benjamin Sutton died 28 March 1864 and was buried in the Sutton Family Cemetery. The heirs listed below are by no means all his children; however, there is a lot of conflicting information as to exactly who his children were as some may have been grandchildren. State of North Carolina, Lenoir County, To the Superior Court Clerk We the undersigned commissioners, appointed by the Superior Court Clerk of Lenoir County, having been duly sworn, proceeded on the tenth day of December 1872, to divide and make partition between and among Benjamin H. Sutton, George L. Sutton, Allen Sutton, Jennett Turner, Louisa Davis, Isaac E. Sutton & Buck Sutton tenants in common of the lands devised to them by the last will and testament of Benjamin Sutton, dec'd. whereupon, we have made and do hereby make the following appropriations among the respective claimants in severally, that is to say: The Lot No. 1 is assigned and appropriated to George L. Sutton bounded as follows: beginning at a stake on the bank of the Neuse River to a stake near the public road, to a branch, then down the branch to Daniel Sutton's corner, corner of lot #2, to Neuse River - 110 acres valued at One Thousand Dollars The Lot #2 - is appropriated to Jennett Turner bounded as follows: beginning at the mouth of the Mill Branch, up the run of the same to the public road,, with the canal, adj Lot #1, to a stake near the gin house, to the Neuse River - 79 1/2 acres valued at One Thousand Dollars. Lot #3 is appropriated to Buck Sutton bounded as follows: beginning at the at the run of the mill branch on the public road below the mill and runs with said road, corner of Lot 2, back to the public road - 90 acres valued at eight Hundred and fifty dollars. Lot #4 - appropriated to Louisa Davis - beginning at Blount's line, to Daniel Sutton's line, corner in Lot 1, corner in Lot 3 - containing 97 acres valued at Thirteen Hundred & Fifty Dollars Lot #5 - is appropriated to Eli Sutton - Blount's line, corner of Lot #4, edge of sand ridge - 151 acres valued at nine hundred and fifty dollars Lot #6 - appropriated to Benjamin H. Sutton - corner of Lot #5 to the sand hill or high land, Daniel Sutton's land, corner of Lot #4 - 238 acres valued at nine hundred and fifty dollars Lot #7 - appropriated to Allen Sutton - Blount's line, Guinna Spring, Great Baer pocosin - two hundred and thirteen acres valued at nine hundred dollars We further charge the more valuable dividends with such sums of money respectively to be paid to those of inferior value respectively as will make an equitable division, that is to say: That Lot No 4 appropriated to Louisa Davis is to pay to the Lot No 3 appropriated to Buck Sutton the sum of one hundred and fifty dollars That lot No 4 appropriated to Louisa Davis is also to pay to Lot #5 appropriated to Eli Sutton the sum of fifty dollars. Lot No 4 appropriated to Louisa Davis is also to pay to Lot No 6 appropriated to Benjamin H. Sutton the sum of Fifty Dollars. Lot No 4 appropriated to Louisa Davis is also to pay to Lot No 7 appropriated to Allen Sutton the sum of One Hundred Dollars. One acres of land where the gin house and cotton screw is now located which has not heretofore been appropriated is appropriated to Lot No 1 with all improvements thereto or in anywise belonging the value of which is includedin the valuation of the said Lot No 1 appropriated to George Sutton. All which is respectfully submitted under our hands and seals this the 12th day of December 1872 J. M. Swaringin Jerry Warters Recorded in the office of the Superior Court Clerk of Lenoir County this 22 day of May 1874 Wm W. N. Hunter, CSC Ida Hunter, DC ---------- NORTH CAROLINA ARCHIVES - CR 028.508.17 - CRAVEN COUNTY ESTATE RECORDS ESTATE OF ALEXANDER W. KILPATRICK - 1853 Worry Kilpatrick had sold land to Benjamin Sutton Sr. for $5,000. Benjamin died and Wm Sutton and heirs at law of Benj. Petition to have the land sold to divide the proceeds. Superior Court Craven County, Fall Term 1871 - Edward Jones and John Kilpatrick by their next friend and Guardian Warry Kilpatrick to the Court. "It is ordered in this case that notice be issued to the following persons viz. Worry Kilpatrick, Allen Sutton, Buck Sutton, Eli Sutton, George S. Sutton, Thos. Sutton, Daniel Sutton, Benj. H. Sutton, Gennett Turner, Mary A. Sutton, Nancy Dail, Chloe M. Parker, Sarah Bizzell, Betssey Caisey, Levi Sutton, Winniford Fields, Louisa Sutton, Mary Sutton and Thos Sutton guard, Mary Smith, The Heirs at Law of Benj Sutton Sr. and John Rhem to appear at the next term of this Court the 4th Monday after the 4th Monday in February. To attend to their respective interests in proceedings to be had in the case. Signed (I am not sure this is correct, but best I could do) J. or I. E. West" Attached to the back of this paper To the Sheriff of Lenoir County please notify the within defendants. Received March 1st 1872 Served March 14th and 15th 1872 upon Allen Sutton Thomas Sutton George Sutton B. H. Sutton Gennett Turner Louisa Sutton Levi Sutton Warry Kilpatrick John Rhem Winifred Fields Mary A. Smith On another sheet of paper is the following: Heirs at Law of Benj Sutton Sr Allen Sutton Buck Sutton Eli Sutton George S. Sutton Thos Sutton Daniel Sutton Benj. H. Sutton Gennett Turner Mary A. Sutton Nancy Dail Chloe M. Parker Sarah Bizzell Besey Caisey Levi Sutton Winnifred Fields Louisa Sutton Mary Sutton Tho. Sutton guard Mary Smith [NOTES: The above information is all that is in the estate records that lists the heirs. It is possible more information could be obtained from Court Records. There is a minor problem of a nine (9) year difference in the death dates of Benjamin Sutton which brings up the question of whether the two Benjamins are the same person. Also the list of children is not consistent. I am not certain which Worry Kilpatrick this was, Warre III or the next generation. Alexander was the son of Warre II and had a brother Warre III. Warre III md 1st Elizabeth Bond Phillips, who died with issue and I am not certain if Warre III remarried. --MMM] ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Martha Mewborn Marble - 58marble@cox.net ______________________________________________________________________