Onslow County, NC - Susan Henderson Land Dower Petition 1850

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Susan Henderson Land Dower Petition 1850

STATE OF NORTH CAROLINA ONSLOW COUNTY
Susan Henderson's Petition for Land Dower 1850

Court of Pleas and Quarter Sessions 
December Term, A.D., 1850

To the Worshipful the Justices of the Court of 
Pleas and Quarter seeions, of the County.
 		
	The petition of Susan Henderson widow and
relict of Josiah Henderson deceased of the county of 
Onslow humbly complaining, sheweth unto your worships, 
that the said Josiah Henderson was in his lifetime, and 
at the time of his death, seized or entitled in fee simple
in possession of the following tracts of land situate, 
lying and being in the County of Onslow Viz: One tract
containing by estimate one hundred and twenty five acres,
adjoining the lands of Jacob Morton, David Scott, James
Hardy & others, and one tract containing about one
hundred acres adjoining the lands of Alfred E. Simmons,
Southry Waters and others, and another tract containing
about one hundred acres adjoining the lands of Jacob
Morton & the heirs of Gabriel Henderson & others, one
tract containing twenty five acres adjoining the lands
of Daniel Kellum, and one tract containing fifty acres 
adjoining the lands of Edward Kellum & others, as will 
more fully appear by reference to the deeds or title papers
for the same, which are now in the hands of the defendants 
herein after named his heir at law.  Your petitioner
further sheweth unto your worships that the said 
Josiah Henderson departed this life, intestate, on or
about the ___ day of December A.D. 1850 leaving your
petitioner his widow, and Lewis Henderson, 
B.R. Henderson, Hulda S. wife of Alfred E. Simmons,
Nancy Henderson, Josiah S. Henderson, and Matilda
C. Henderson his only children and heirs at law, him
surviving, to whom the aforesaid tracts of land desended as 
tenants in common, subject to the Dower therein of your petietioner. 
Your petitioner further sheweth unto your worships, that 
no settlement or provision in lieu of Dower having been made
upon or for the benifit of your petitioner, upon or before
her marriage with the said intestate, your petitioner, 
upon the death of her said late husband, became and is
noe entitled to Dower, in or out of all the aforesaid tracts
of land which he was seized in fee, at the time of his death
as aforesaid, being one third part of the same, including the 
house or mansion or part or portion thereof, in which he
dwelt most generally next before his death, together with
the buildings and improvements belonging and appertaining
thereto.  And your petitioner being entitled in manner
aforesaid, hath frequently applied in a friendly manner
to the aforesaid defendants and requested them to assign 
and set apart by metes and bounds to your petitioner,a 
full third part of said lands,as and for her Dower therein:
and your petitioner well hpoed that they would have 
complied with such resonable requests, as in justice and equity
they ought.  But now so it is, may it please your worships,
that the dais defendants for certain reesons unknown to
your petitioner, utterly refused to comply with such
requests.  To the end therefore that the said defendants
may answer the premeses; and that in case any of the
said defendants are infants, of tender years, without
a gaurdian duly appointed, some suitable and discreet
person may be appointed by this worshipful court, to
defend the rights and interest of said infants, in this
suit; and that Dower or one third partof the aforesaid
lands may be assigned and set apart, so that your
petitioner may hold and enjoy the same in severalty as
and for her Dower, according to the statute in such
case made and provided; and that to effect that
object, a writ of Dower may issue to the Sheriff of
said county, commanding him to summon a jury of good
and lawful men to lay off and metes and bounds to
your petitioner her Dower or third part, in the lands
aforesaid, and put her in the possession of the same;
and that your worships would grant unto your 
petitioner, such other and further relief in the 
premises, as the nature and circumstances of this case
may require, and to your worships shall seem meet.
May it please your worships to grant unto your
petitioner a copy of this petition for each one of
the said defendants together with a writ of subpoena
or notice to be directed to the said defendants
commanding them at a certain day, and under a certain
pain therein to be limited, personally to be and
appear before your worships, in this worshipful 
court, and then and there full time direct and perfect
answer make to all and sigular the premices, and further
to stand to, perform and abide such further order,
dircetion and decree therein, as to your worships
shall meet.  And your petitioner shall ever pray, &c.

Signed: John N. Washington Solicitor.

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This file was contributed for use in the USGenWeb Archives by
Samuel Henderson - hendersonrecovery@atlantic.net
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