Wayne County, NC - Court Records File contributed for use in USGenWeb Archives by Grace Williamson Turner Edited by Guy Potts Source: Wayne County, N.C. Estates Records. Asher McCullen died intestate, of this county died about 30 years ago, his widow Ann McCullen deceased on the tract in question, adjoining the lands of Dawson T. Durham, the heirs at law of Marshall Kornegay, Haywood Craddock & others and containing about 843 acres, a small portion of the original tracts sold, not being covered by Dower. Asher McCullens children all living at time of his death; Susan, Ann, Calvin J., Betsey Ann, William, Jane, Benjamin F. Susan moved, after marriage with one Lemuel Byrd, to Alabama. She & he both deed, living 8 or 9 children in Alabama. Ann married Furnifold Jernigan, had a child. Susan who is living and married to Boat F. Hooks Esq. Ann & her husband are both dead. Calvin J. sold his share to Marshall Kornegay, who is dead, leaving children as follows; Lewis J. Kornegay, Robert, Elizabeth, George L., Susan, Daniel, David; and Calvin J. is their gdn. Betsey Ann married Hinton J. Craddock and they reside in Alabama. William has sold his interest to Benjamin F. and resides beyond the limits of the state. Jane is the wife of Thomas Bennett. Benjamin F. resides in this county. Parties Plaintiff, Galvin J., Benjamin F. STATE OF NORTH CAROLINA Wayne County KNOW ALL MEN BY THESE PRESENTS, That we Pipkin McCullen, Lazarus Smith, Bryan McCullen Jr., James Smith & Thomas Craddock are held and firmly bound unto William Raiford Sheriff of our said county, in the sum of Three Thousand Dollars current money of this State: To which payment well and truly to be made and done, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly be these presents. Sealed with our seals, and dated this 10th day of June 1822. The condition of the above obligation is such, That if the above bounden Pipkin McCullen & Lazarus Smith do make their personal appearance at our next County Court to be held for the county of Wayne at the Court House in Waynesboro on the third Monday in August next, then and there to answer Britton Hood Admr of Asher McCullen of a plea of debt that they render him Fifteen hundred dollars and there to stand to and abide by the judgment of the said court, and not depart the said court without leave; then the above obligation to be void, otherwise to remain in full force and virtue. WITNESS, Pipkin McCullen {seal} B.J. Hallcome L Smith {seal} Bryan McCullen {seal} James Smith {seal} Tho Craddock {seal} I, William Raiford Sheriff of Wayne County, do hereby assign over the above obligation and condition to Britton Hood Adm of Asher McCullen the plaintiff therein named, his executors and administrators, to sue for and recover according to the act of Assembly in such case made and provided. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 10th day of June 1822. Wm Raiford Shf. STATE OF NORTH CAROLINA Court of Pleas and Quarter Sessions Wayne County August Term, A.D. 1854 TO THE WORSHIPFUL, THE JUSTICES OF THE COURT OF PLEAS AND QUARTER SESSIONS, OF Wayne County: THE petition of Benjamin F. McCullen Calvin J. McCullen Thomas Bennett & wife Jane Boaz F. Hooks & wife Susan, & Lewis J.; Robert; Elizabeth; George L.; Susan; Daniel & David Kornegay, the last seven of them are infants and sue by their guardian and next friend Calvin J. McCullen, against William McCullen, Hinton J. Craddock and wife Betsey Ann, and the heirs at Law of Susan Byrd respectfully sheweth unto your Worships, that Asher McCullen of the County of Wayne deceased, was in his lifetime, and at the time of his death, seized in fee simple or of some other good estate, of inheritance to him and his heirs, of a parcel of land situated in this County, adjoining the lands of Dauson T. Durham, the heirs at law of Marshall Kornegay, Haywood Craddock & others containing about 843 acres, being the land formerly covered by the Dower of the widow of said Asher McCullen, which said widow is now deed. All which said lands are situate, lying and being in the County of Wayne and being so seized, the said Asher McCullen did depart this life intestate, leaving Susan, Ann, Calvin J., Betsey Ann, William, Jane, & Benjiman F. McCullen him surviving, being his children and heirs at law, to whom said lands descended, as tenants in common in equal proportions. That Benjamin F. purchased from William his share and that William has removed beyond the limits of this state; that Jane intermarried with Thomas Bennett; that Ann married one Furnifold Jernigan, both of whom are dead, having left a daughter and only child Susan wife of the said Boaz F. Hooks, that said Calvin J. sold his share of said Land to one Marshall Kornegay, who is since dead leaving him surviving his children and heirs at law the aforesaid Lewis J., Robert, Elizabeth; George L. Susan, Daniel & David Kornegay, to whom the said Calvin J. has been duly appointed guardian, that Betsey Ann intermarried with the said Hinton J. Craddock and resides beyond the limits of this state and that Susan intermarried with one Lemuel Byrd, both of whom are dead leaving as their children and heirs at law, who are also non-residents of this state, the Following-to wit: Your petitioners further shew unto your worships, that they are desirous of having a fair, just and equal partition of the said lands made between them, in order that their respective shares and proportions thereof, may be allotted, held and enjoyed in severalty. To the end therefore, that a partition may be made of the said lands between your petitioners; that each one's share or proportion thereof may be allotted and conveyed to them and their heirs and assigns; and that your petitioners may severally hold and enjoy their respective allotments of the said lands, according to the nature thereof, in severalty; and that all proper and necessary conveyances and assurances may be executed for carrying such partition into effect. And that your petitioners may have 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 appoint five commissioners, to divide and appropriate said lands between your petitioners, as herein before prayed for, according to the act of the General Assembly in such cases, made and provided, as to your worships shall seem proper and requsite. And your petitioners will ever pray, &c. George V. Strong SOLICITOR STATE OF NORTH CAROLINA To the Sheriff of Wayne County Greeting: You are hereby commanded to Summon Jesse Martin, Richard Manly, Lewis P. Lindsey, Jethro J. Odom and Matthew Daniel, Commissioners to go upon the premises and divide the Lands of Asher McCullen deceased Viz, one tract lying in Wayne County adjoining the lands of Dawson T. Durham the heirs at law of Marshall Kornegay, Haywood Craddock and others, Containing about 843 acres, between Benjamin F. McCullen, Calvin J. McCullen Wm McCullen, Thomas Bennet & wife Jane, Boaz F. Hooks & wife Susan, Hinton J. Craddock & wife Betsey, and the heirs at Law of Susan Byrd, and it appearing that the said Wm McCullen had sold his interest to B.F. McCullen they will set off and appropriate his lot to the said B.F. McCullen and it further appearing that Calvin J. McCullen had sold his interest to Marshal Kornegay you will set off & appropiate his lot to the Heirs at Law of the said Marshall Kornegay. And your proceedings report to the next term of this Court house in Goldsboro on the 3rd Monday of February next. Herein fail not & have you then & there this writ. Witness Benj Aycock clerk of our said court at office in Goldsboro; the 3rd Monday of Nov. 1854 issued 6th day of Decr 1854. Benj Aycock Clk _________________________________________________________________________ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. The electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor, and contact the listed USGenWeb archivist with proof of this consent. 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