Wayne County NcArchives Court.....Casey, Lemuel 1874
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 July 3, 2020, 2:19 pm

Source: Familysearch.org
Written: 1874

FamilySearch

Lemuel Casey Estate

In the Probate Court September 22, 1874
To the Honorable W. T. Yelverton Probate Judge of said Court

C. W. Smith and wife M. L. Smith vs N. W. C. Casey

The petitions of C. W. Smith and wife M. L. Smith respectfully shows to the 
Court that she the said M. L. Smith and the defendant N. W. C. Casey are 
tenants in common of a tract of land situated in the county of Wayne on the 
south side of Neuse River adjoining the lands of F. C. Patrick, the lands 
known as the Collier Plantation, the lands of the heirs of the late Wm. B. 
Cobb and others containing 293 acres.

That the defendant N. W. C. Casey is a minor under twenty one years of age 
and has a guardian Matthew Casey Jr. 

The petitioners further showeth to the court that they desire to hold and 
enjoy their share of said lands in sereralty and to that end pray the court 
to appoint three Commissioners to divide the same into equal shares by 
proper metes and bounds and to allot and set apart to your petitioners M. L. 
Smith wife of the said C. W. Smith one share thereof and the other share 
thereof to the defendant N. W. C. Casey and if an equitable division cannot 
otherwise be effected then in that case to charge the more valuable dividend 
with such shares as they shall judge necessary to be paid to the dividend of 
inferior value in order to make the division equal and to report their 
proceedings under their hands and seals to this court. 

And to this end your petitioners pray that a copy of this petition may be 
served upon the defendant together with a summons commanding him in the next 
20 days after service thereof to answer this petition and show cause if any 
why the prayer thereof should not be granted and your petitioner will ever 
pray

E. A. Thompson, Solicitor for Petitioner

In the Probate Court for Wayne County
This cause coming is to be heard upon the petitioners and it appearing to 
the satisfaction of the court from inspection of the record that Matthew 
Casey Jr. Guardian to the minor defendant.

N. W. C. Casey has accepted service of process of the within and showing no 
cause why the prayer of the petition should not be granted. It is ordered 
that John P. Cobb, F. C. Patrick and George W. Price be appointed 
Commissioners to divide the land mentioned in the petiton according to the 
prayers thereof.
W. T. Yelverton, CSC

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Division of land of Lemuel Casey
June 3, 1875

Lot No 1 beginning at Patrick's corner to a stake on the south bank of river 
to the Duplin Road to a stake near Holmees Branch containing 133 acres 
valued at $800 appropriated to N. W. C. Casey.

Not No 2 beginning at a stake on the south bank of the river the 2nd corner 
of Lot No 1 to a cypress Collier's corner containing 160 acres to C. W. 
Smith in right of his wife M. L. Smith.


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