Wayne County, NC - Eliza Smith, Widow vs others, 1886


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Superior Court: Wayne County

Eliza Smith, widow &c                  Plaintiff
         vs
Mark Smith, Rufus Smith, Ezekiel Smith, Henry Smith, Burwell Edmundson
and Nancy Edmundson his wife, James P. Heath and Annie Heath, his wife,
William Smith, James Smith, Benjamin Smith, Elijah Lassiter and Betty
Lassiter, his wife, Bate Johnson and Martha Johnson, his wife, Turner
Smith, Robert Peel and Sally Peel, his wife, Simpson Smith and Marco
Smith, his wife, James Newsom, Leroy Johnson, Jack Johnson, Becky
Daniel, Thomas Smith and Amy Smith, his wife, M.J. Newsom and Joab
Newsom
                                      Defendants


                          Petition for Dower

The petition of Eliza Smith, widow of John Smith, deceased, respectfully
shows to the court:

I    That John Smith, her late husband, died intestate, in said County,
     in the year 18 [blank], leaving us issue, and having the following
     heirs=at=law to=wit  Mark Smith, brother, Rufus Smith, brother,
     Ezekiel Smith, brother, Henry Smith, brother, Nancy wife of Burwell
     Edmundson, sister, Annie wife of James P. Heath, sister; William
     Smith, James Smith, Benjamin Smith, Betty wife of Elijah Lassiter,
     Martha wife of Bate Johnson, and Turner Smith, who are the children
     of Major Smith; Sally wife of Robert Peel, and Joab Newsom, who are
     the children of Polly Newsom, sister, who died in the lifetime of
     said John Smith, and Marco wife of Simpson Smith, James Newsom,
     Leroy Johnson and Jack Johnson, who are the children of Littea
     Johnson a daughter of said Polly Newsom and who died in the lifetime
     of her mother

II   That the said John Smith left us other heirs=at=law

III  That the said John Smith during his coverture with the petitioner was
     seized in fee simple and possessed of the following tract of land, 
     situate in said County, and bounded as follows: on the north by the
     lands of Eliza Smith: on the East by the lands of the heirs of Cornelia
     Ham, deceased, M.J. Newsom and Lucinda Peel: on the South by the lands
     of Drury Daniel: on the West by the lands of Eliza Smith, M.J. Newsom
     and Becky Daniel, containing Fifty Acres, more or less

IV   That your petitioner desires to have her dower in said land allotted
     to her: and to that end she prays the Court to issue a writ to the
     Sheriff commanding him to summon three (unless one of the parties
     demand a greater number, and then not more than twelve) freeholders,
     connected with the parties written consanquinity or affinity, entirely
     disenterested and qualified to act as jurors, to view the said law 
     and to allot to her one=third part thereof, including the dwelling=house,
     buildings and improvements appertaining thereto, for the term of her 
     natural life, and to report their proceedings in due form of law

              May it please the Court to issue subponeas to each of said
defendants, requiring them to appear before the Court, within twenty days
from the service of this process, and show cause, if any they can, why the
prayer of your petitioner shall not be granted.

  And your petitioner will ever pray &c

April 7th 1886                                          J.T. Dortch
                                                       Atty. for Petr.


Source: John Smith - 1886 folder
        Wayne Co., NC
        Estate Records

        On reverse: S.P.D. - Eliza Smith Widow & C
                                     vs
                    Petition for Dower. Filed April 7, 1886
                     J.T. Dortch, Atty for Petr

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