Wayne County NcArchives Court.....Hooks - Estate, Ann W. 1865 ************************************************ 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 June 14, 2012, 9:23 pm Ann W. Hooks Estate Papers NC Archives CR 103.508.81 State of North Carolina Wayne County Advertized David B. Everitt vs Franklin Knox & wife Mary M. Petition to sell real estate Court of Pleas and Quarter Sessions Nov Term, AD 1865 To the Worshipful, The Justices of the Court of Pleas and Quarter Session of Wayne County: The petition of David Everett Executor of Ann W. Hooks deceased, against Franklin Knox wife Mary M. the said Mary M. Knox being the devisee of said Ann W. Hooks. Your petitioner humbly complaining, respectfully shews unto your Worships, that at the Term of this Court, letters testimentary were duly granted to your petitioner of the goods and chattels, rights and credits of the said deceased, all which he accordingly took into his possession. Your petitioner further shews unto your Worships that the goods and chattels of the deceased in his hands are insufficient to pay all the debts of the said deceased, with the charge of administering the estate; that the amount of debts due from the said deceased, as nearly as they can be ascertained by him will be about five hundred dollars, that the amount of the charges of administration, as nearly as he can estimate, will be one hundred dollars, and that the value of the personal estate of the said deceased is about three hundred dollars. Your petitioner further shews unto your Worships that the said Ann W. Hooks died seized and possessed of and well entitled to in fee simple, the following real estate, to-wit: one lot or lots in Everittesville, Wayne Co., in front of the Methodist Church adjoining a lot formerly owned by Thomas Pridgen containing about 1 1/2 acres and devised by the testatrix to her sister Mary M. Knox. Your petitioner further shews unto your Worships that for the payment of the debts of the said Ann W. Hooks deceased, with the charge of administering the said estate, it will be necessary to sell the said lots. Your petitioner further shew unto your Worships, that the said Ann W. Hooks departed this life leaving a will which has been admitted to probate and devising the said lots to the defendant Mary M. Knox wife of the said Franklin Knox, who are nonresidents of the State. To the end therefore that the said real estate above described, or such parts thereof as your Worships shall deem sufficient, may be sold for the purposes above set forth; and that the defendants may answer the premises, and that in case any of the said defendants are infants of tender years without guardians duly appointed, some suitable and discreet person may be appointed by this Worshipful Court to defend their rights in this suit; Your petitioner prays that your Worships will duly consider the premises and grant him license to sell the said real estate, or so much as such parts thereof, as you shall deem proper, that you will decree a sale of the same according to law, and that you will direct upon what terms and upon what credit the sale shall be made, and that you will prescribe the time at which, and the person by whom the title shall be made to the purchaser; and that your worships would grant unto your petitioner such other and further relief in the premise as the matter and circumstances of this case may require; May it please your worships to grant 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 [this space left blank - it would be Franklin and wife Mary M. Knox] commanding them at a certain day and under a certain penalty therein to be limited, personally to be and appear before this Worshipful Court, and answer the premises; and further to stand to and abide by such further order, direction and decree therein, as to your Worships shall seem meet. And as in duty bound your petitioner will ever pray, &c. Dortch - Solicitor David B. Everitt maketh oath that the facts set forth in the foregoing petition, as the grounds for the relief therein prayed, are true to the best of his knowledge and belief. Sworn to and Subscribed before me, W. G. Hollowell Clk D. B. Everitt Additional Comments: Wife of Curtis Hooks NC Archives Wayne County Estates CR 103.801.8 File at: http://files.usgwarchives.net/nc/wayne/court/hooksest2225gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 4.7 Kb