Wayne County NcArchives Court.....Fields, William B. 1882
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 
March 20, 2016

Source: Familysearch
Written: 1882

William B. Fields Estate - Probate 1882, Wayne County, NC

Widow Mary F. Fields 
Children Catharine T. Fields, William C. Fields and Mary L. Hancock wife of
Franklin W. Hancock.

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No date - Superior Court for Sale of land for Partition

Mary F. Fields and Catharine T. Fields, an infant, by her next friend Mary F. 
Fields Plaintiffs 
versus 
Wm. C. Fields, Mary L. Hancock and her husband Franklin W. Hancock and John R. 
Smith Defendants.

Plaintiffs amending this complaint complain and allege:

That Mary F. Fields is the widow of the late Wm. B. Fields who has been dead 
for some years, and the other plaintiff Catharine T. Fields is the infant 
daughter of said Wm. B. Fields and defendants Wm. C. Fields and Mary L. Hancock 
are the only other children of Wm. B. Fields and Mary F. Fields and heirs at law 
of said Wm. B. Fields deceased.

That Wm. B. Fields at the time of his death owned land in Wayne containing two 
acres. That plaintiff Mary F. Fields is entitled to dower in the said land as 
the widow, that the other children are tenants in common to the land subject to 
the said dower to be equally divided into three equal parts but the quantity and 
quality of the land, it can not be divided without injury to the interest of the 
respective interests of the parties except by sale.

That said Mary F. Fields supposing that the said two acres formed a part of the 
adjoining tract of ninety six acres which she had purchased from Coffield King 
included it in her sale of the said adjoining land to the defendant John R. Smith.

Wherefore the plaintiffs demand judgment:

1. For the appointment of a suitable person to sell the interest of the said 
Catharine T., Wm. C. Fields and Mary L. Hancock at pubic auction and for such 
others and further relief as shall see proper.

Allen and Isler Attorneys for the Plaintiffs

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December 1, 1882 - Decree of Sale

Mary F. Fields and Catharine T. Fields by her next friend Mary F. Fields
versus
Wm. C. Fields, Mary L. Hancock and Franklin W. Hancock and John R. Smith

Mary F. Fields is entitled to dower in the said lands and had the right to sell 
her life estate in the one third part of said lands, and that the said Catharine T. 
Fields, Wm. C. Fields and Mary L. Hancock are tenants in common of said lands as 
heirs at law of Wm. B. Fields and each entitled to one third part of said land.

The court doth declare that actual partition can not be made thereof without 
injury to the interest of the parties. It is therefore ordered and decreed that 
Wm. A. Allen, after 30 days advertisement at the Court House door in Goldsboro and 
three other public places and proceed to sell the land at the court house to the 
highest bidder at public auction for cash and report his proceedings within ten 
days from his sale.-

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January 15, 1883 - Report of Sale to the Clerk of Superior Court

The undersigned respectfully reports that he, on the 1st day of January AD 1883 
at the Court House in Goldsboro, offered the land described in the pleadings when 
John R. Smith became the purchaser of the interest and title of the heirs at law 
at the price of $10 per acre and $20 for the two acres, and he is ready to pay 
the cash whenever the court will confirm the sale and order a title. Wm. A. Allen.