Wayne County, NC - Daniel Howell - Division of Lands - 1863 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Petition for division of land of Daniel Howell, and Writ of Execution granted thereon. Transcription by Milford K. Kirby from originals on file in North Carolina State Archives, Wayne County Estate Records. Daniel Howell died intestate in Wayne County in early 1860. He was dead by Febraury 28, 1860, when his estate administrator was appointed by the Court. Some of the language is the language of printed forms, with particular names and dates filled in by the attorney, Mr. Dortch. I am indebted to Frances Godwin Howell for alerting me to the existence of this estate file in the NC State Archives. The transcription of the documents are my own, and appear below within the quotation marks. Matter in brackets added by this transcriber.] "State of North Carolina Court of Pleas and Quarter Sessions Wayne County January Term, 1863 To the Worshipful, the Justices of the Court of Pleas and Quarter Sessions, of the County of Wayne The petition of Patsy Pike, America Peacock, Maria Brown, William Hooks, assignee of Robin Howell, Delphia Langston, Washington Hooks wife Tempy, Sally Howell, Nathan Pike wife Lidia, Daniel T. Howell, John W. Hooks, Polly Hooks, Elizabeth Hooks, Sally [transcriber's note: in this paragraph, it is hard to tell whether 'Polly' Ann or 'Sally' Ann is intended to be written. The puzzle is cleared up in a later paragraph, and so this is transcribed as 'Sally'] Ann Hooks, William Jones, Martha Jones, James Jones, Sarah Jones, Henry Howell, William Howell, and Winny Howell, the three last infants sue by their next friend, the said Delphia Langston, of said county, respectfully sheweth unto your worships that Daniel Howell 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 tract of land containing about 500 acres adjoining the lands of Joshua Ellis, Perry Dickinson and others. All which said lands are situate, lying and being in the county of Wayne and being so seized, the said Daniel Howell did depart this life intestate, leaving your petitioners, his heirs at law him surviving, and upon his death the said lands descended and came to your petitioners as tenants in common, in the proportion of one twelfth to each of the following petitioners, viz. Patsy Pike, America Peacock, Maria Brown, Delphia Langston, Tempy wife of Washington Hooks, Sally Howell, Lidia wife of Nathan Pike, and Daniel T. Howell, & one twelfth to Robin Howell, who has since sold and conveyed to William Hooks, all of whom were children of the intestate. That the intestate had three children who married and died before the intestate leaving children, viz. 1. Patience leaving your petitioners John H. Hooks, Polly Hooks, Elizabeth Hooks, Sally Ann Hooks, who are entitled to one-twelfth --- 2. Polly, leaving your petitioners William Jones, Martha Jones, James Jones, Sarah Jones, who are entitled to one-twelfth -- 3. F_______ [Transcriber's note: Furney, Fielding, Freddy, Hamilton, Henry? the name is not clear, but appears to start with an F or an H] leaving your petitioners Henry Howell, William Howell and Winny Howell, who are also entitled to one-twelfth. Your petitioners further shew unto your worships, that they are desirous of having a fair, just and equal partition of the said lands between them, in order that their respective shares and proportion 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 him and his 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, in 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 hereinbefore prayed for, according to the act of the General Assembly in such cases, made and provided, and as to your worships shall seem proper and requisite. And your petitioners will ever pray, Etc. [signed] Dortch, Solicitor" [The petition for partition was granted by the Court. A writ of execution reciting the particulars of the decision granting the petition and ordering the Sheriff to execute the order for division by summoning commissioners to perform the division is found in the same Estate file in the North Carolina State Archives. The writ was served by Ollin Coor, Sheriff, and the Commissioners were summoned for the August term of the court. This document confirms that the estate was divided into twelve equal parts, that the nine surviving children each got an undivided one-twelfth, and that the three predeceased children of Daniel were represented by their surviving children, who took undivided one-twelfth interests of their deceased parents. The Hooks, Howell and Jones grandchildren in turn became tenants in common in the one-twelfth shares of Patience Howell Hooks, Polly Howell Jones, and [F or H] Howell, respectively. The Hooks grandchildren (through Patience) each took a 1/48th undivided interest. The Jones grandchildren (through Polly) each took a 1/48th undivided interest. The Howell grandchildren through [F or H] each took a 1/36th undivided interest. The writ of execution was transcribed as follows by Milford K. Kirby on 8/17/02. Transcribed document within the quotation marks] "State of North Carolina To the Sheriff of Wayne County Greeting Whereas Patsy Pike, America Peacock, Maria Brown, William Hooks, assignee of Robin Howell, Delphia Langston, Washington Hooks and wife Tempy, Sally Howell, Nathan Pike and wife Lidia, Daniel T. Howell, J H Hooks, Polly Hooks, Elizabeth Hooks, Polly [Sally] Ann Hooks, William Jones, Martha Jones, James Jones, Sarah Jones, Henry Howell, William Howell, Winny Howell, lately filed their petition in our Court of Pleas and Quarter Sessions praying the Justices of said Court to appoint five Commissioners to make partition among them of the following lands to wit: a tract of land containing about 500 acres adjoining the lands of Joshua Ellis, Perry Dickerson and others. And the cause coming on to be heard the Court declares that the petitioners are tenants in common of said lands in the proportion of one twelvth to each of the petitioners Patsy Pike, America Peacock, Maria Brown, William Hooks, Delphia Langston, Tempy wife of Washington Hooks, Sally Howell, Lydia wife of Nathan Pike and Daniel T. Howell. One undivided twelvth to the petitioners John H. Hooks, Polly Hooks, Elizabeth Hooks and Sally Ann Hooks. One undivided twelvth to the petitioners William Jones, Martha Jones, James Jones and Sarah Jones and one undivided twelvth to the petitioners Henry Howell, William Howell and Winny Howell. And it is ordered that Benjamin Aycock, Simon Hooks, James Hooks, Joshua Ellis and Jno [Johnathan?] G. Aycock freeholders are appointed Commissioners to divide the said lands accordingly and if an equitable division cannot be otherwise effected, then and in that case they are to charge the more valuable dividend or dividends with such sum or sums as they shall judge necessary to be paid to the dividend or dividends of inferior value to make the division equal. Said Commissioners before they proceed to the execution of this order are to be duly sworn by the Sheriff or some Justice of the Peace of Wayne County and are to report their proceedings under their hands and seals to the next term of this Court. Thus and therefore I command you to summon the said Commissioners to appear on the premises for the purposes above mentioned. Witness S H Denmark Clerk of said Court at office in Goldsboro the 3d Monday of May 1863. /s/ S H Denmark Clerk Sheriff Fees $6.00 J E Ellis $6.00 James Hooks $6.00 Simon Hooks $6.00 John G, Aycock $6.00 Benjamin Aycock $6.00 [note: this line marked through] _______________________________________________________________________ Daniel T. Howell & others Writ for Division of Land Comm[issioners]: Benj. Aycock Simon Hooks Joshua Ellis James Hooks Jno. G. Aycock For August Term 1863 Executed O. Coor, Sheriff" ___________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Milford K. Kirby - mkirby@mindspring.com ____________________________________________________________________