Wayne County NcArchives Court.....Collier, Probert 1835 ************************************************ 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: Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 May 26, 2012, 8:47 am Source: N C Archives Written: 1835 Probert Collier Estate NC Archives CR 103.508.33 Among the many estate papers of Probert Collier is the following court case: Willis Hall & Wife et al v. John Collier et al Petition for Partition Filed Oct. Term 1835 To the Honorable the Judge of the Superior Court of Law for the County of Wayne; The petition of Willis Hall and Maria his wife and of John W. L. West and Eliza his wife; respectful by sheweth unto your Honor that Probert Collier late of said County departed this life on the 19 day of Jany in the year of our Lord one thousand eight hundred and thirty five, seized and possessed of a large real estate lying in the counties of Wayne and Johnston besides a valuable real estate in the State of Tennessee. Your petitioners further shew unto your Honor that the said Probert duly made and executed a last will and testament which has been admitted to probate in said county of Wayne by which the said real estate was unaffected the same not being divided thereby, so that the said Probert has died intestate as regards the same as your petitioners are advised and the same have descended to and are divisible among the children and heirs at law of said Probert. Your petitioners shew unto your Honor that the said Probert left him surviving the following children viz - Maria wife of Willis Hall, Joseph, Paoli, Eliza wife of John W. L. West, John, Ann wife of William D. Cobb and George who are the heirs at law of said Probert. Your petitioners shew unto your Honor that the said Probert in his life time by way of advancement to said Joseph and Paoli conveyed to them in fee a tract or tracts of land in Tipton County, Tennessee containing four thousand acres which your petitioners charge was worth at the time of said conveyance eight or ten thousand dollars and was fully equal to the shares or dividends of the whole real estate of said Probert to which said Joseph and Paoli would have been entitled to as heirs of said Probert. Your petitioners shew unto your Honor that the said real estate in North Carolina consists of the following tracts lying in the county of Wayne viz - a tract of land whereon said Probert resided and several adjoining tracts containing about five thousand acres conveyed to said Probert by David Slocumb and others as by reference to the deeds of conveyance will more fully appear; also another piece or tract containing about three hundred acres adjoining the lands of Ezekiel Slocomb and Maria Ward; also another tract lying on the south side of Norhunta Swamp containing about one hundred and fifty acres; also a tract of land of 627 acres on Falling Creek sold under execution against Page Jernigan; a tract of land lying in Johnston County conveyed to said Probert by Dixon Fail and Jesse Harper on Mill Creek containing about six hundred and fifty acres; and also the following lands in Tipton County, Tennessee viz, two thousand acres on Big Hatchee river joining the lands which said Probert conveyed to his sons Joseph and Paoli; and another tract or a moiety of a tract containing six hundred and forty acres belonging jointly to said Probert and William Hill of Raleigh lying in [blank] County, Tennessee. Your petitioners shew unto your Honor that they are entitled as the heirs at law as aforesaid to their shares or dividends of said real estate according to the statutes regulating descents and that they are desirous that their said respective shares may be ascertained and allotted to them according to the Acts of Assembly for the partition of the real estate of intestate decedents. In consideration of the premises and to the end that partition of said real estate may be made by commissioners for that purpose appointed according to the Acts of Assembly in such case made and provided; that the said Joseph, Paoli, John, William D. Cobb and Ann his wife, and George (the other children and heirs at law of said Probert) may be duly made parties to this petition by service of process and proper publication for the said Joseph and Paoli who reside in Tennessee; may it your Honor to direct writs of subpoena to issue and order publication to be made commanding the said other children and heirs of said Probert to appear before your Honor and answer the premises and abide by such order and decree as your Honor may make herein and that your petitioners may have such other and further relief &c. Mordecai and Bryan for Petitioners Willis Hall maketh oath that Joseph Collier and Paoli Collier named in the foregoing petition are not residents of this state but are as affiant believes residents of the State of Tennessee. Willis Hall Sworn in open Court 8th October 1835 N. Washington Clk File at: http://files.usgwarchives.net/nc/wayne/court/collier2219gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 5.3 Kb