YANCEY COUNTY, NC - WILLS - Estate Records of William Wilson, 1787-1872 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Marshall Styles - marshallstyles@yahoo.com Contributor's Note: Estate records of William Wilson, transcribed from the originals by Marshall Styles (marshallstyles@yahoo.com). William Wilson, born 1787, died 1872, Yancey County, was the son of Rev. John Wilson and Rebecca Moore of Yancey County. William was married first to Sarah Choate (daughter of Austin Choate), second to Paulina Allen (1817-1900), daughter of Abraham Rogers Turner and Sarah Black of Yancey County. July 1877: "North Carolina, Yancey County} Probate Court. To S.B. Briggs, Clerk of the Superior Court, and Judge of Probate of said county. The petition of David Proffitt & wife Elizabeth, & M.P. Hampton & wife Amanda Jane respectfully showeth that William Wilson, late of said County of Yancey, died some time in September 1872, leaving a last will and testament by which he disposed of all his personal effects and a portion of his real estate, but at the time of the death of the said testator, he was seized and possessed of the following described land which was not disposed of by the said Last Will and Testament (to wit) "A tract of land lying on the Elk Waters creek in said county, beginning on two chestnuts on the top of the mountain near a cliff... runs south 75W80 poles to a beech then N45E120 poles to a sugar tree on top of the old Bald Mountain Tract, then S45W80 poles to a beech in the head of a small drain, then S45E228 poles to the beginning, containing one hundred acres, more or less. "There are now alive and surviving the said William Wilson the following named children and grand children & heirs at law, to wit: Elizabeth Proffitt, Amanda Jane Hampton, Samuel L. Wilson, George Wilson, Jane Wilson, Lorena Wilson Shepherd, Sarah Dodgin wife of A.B. Dodgin, Mary Proffitt widow of S.T. Proffitt, and the children of Celia Shepherd wife of I.J. Shepherd, (to wit) John Shepherd, Gaither Shepherd, Joseph Shepherd, Amanda Shepherd, Julia English wife of Preston English, Josephine Shepherd, Rose Shepherd, Alice Shepherd, Jane Shepherd, Mary Shepherd, Amanda Shepherd, the last five minors under twenty-one; the children of Fannie Anderson former wife of A.G. Anderson, to wit, Martha Garrison wife of John Garrison, Jane Dillingham wife of J.F. Dillingham, Sarah Whitt wife of Reuben Whitt, Mary A. Proffitt wife of J.M. Proffitt, A.G. Anderson, Jr., Hicks Anderson, and Creed Anderson, the last two named minors; also the children of Martha Proffitt late wife of J.W. Proffitt, to wit, Louisa Proffitt, Hamilton Proffitt, Mahala Proffitt, John W. Proffitt. "Your petitioners further show that the said children Samuel L. Wilson, George Wilson & Jane Wilson have been advanced in the lifetime of the deceased with lands and its equivalent.... Further show that they desire to have partition of said land made amongst them according to their respective interest and rights therein, but that owing to the size of said tract the number of parties interested, the nature and quality of the soil and other causes, it is improbable that actual partition thereof can be made without injury to the parties interested, your petitioners therefore pray you to order a sale of said land on such terms as you shall deem proper, just and reasonable, and that the proceeds of the sale may be divided amongst them according to their respective shares and interest in said land and may be paid to or issued to them according to law, to the end therefore that the said sale be made according to the above prayer and the proceeds divided among your petitioners & the defendants hereafter named. "May it please the court to grant your petitioners subpoena to be issued to Samuel L. Wilson, Jane Wilson, Serena Shepherd, Amanda Shepherd, Preston English & wife Julia, Josephine Shepherd, and to I.J. Shepherd next friend and guardian for Rose Shepherd, Alice Shepherd, Jane Shepherd, Mary & Anna Shepherd minors; N.M. Proffitt & wife Mary A. of the county of Yancey & Gaither Shepherd of the county of Madison, & George Wilson, John Garrison & wife Martha, J.F. Dillingham & wife Jane, Reuben Whitt & wife Sarah, & A.G. Anderson next friend of Hicks & Creed F. Anderson of the county of Buncombe, respectively to be directed to them, commanding them to appear as the law directs and show cause why the prayer of your petitioner shall not be granted. And that you order publication to be made as to the said Mary Proffitt, A.G. Anderson, Jr., A.B. Dodgin & wife Sarah, Louisa Proffitt, Hamilton Proffitt, Mahala Proffitt & John W. Proffitt, who live beyond the limits of this state (to wit, in the State of Georgia, Virginia, Tennessee, Texas & Illinois) notifying them of the filing of this petition and commanding them to appear and answer. And your petitioners as in duty bound will ever pray." "North Carolina, Yancey County} Probate Court. David Proffitt & wife Elizabeth & M.P. Hampton & wife Amanda Jane, Plaintiffs, vs. Lorena Shepherd, John Shepherd, Joseph Shepherd, Amanda Shepherd, Preston English & wife Julia, Josephine Shepherd, Rose Shepherd, Alice Shepherd, Jane Shepherd, Amanda Shepherd, & others, Defendants} Petition To Sell Land For Partition. "It appearing to the satisfaction of the Court that Mary Proffitt, A.B. Dodgin & wife Sarah, A.G. Anderson, Jr., Louisa Proffitt, Hamilton Proffitt, Michael Proffitt & John W. Proffitt are heirs at law of William Wilson, deceased, and defendants in the above entitled cause and that they reside beyond the limits of the State, it is therefore ordered that publication be made for six successive weeks in the Roan Mountain Republican, a newspaper published weekly at Bakersville in the County of Mitchell, State of North Carolina, notifying the said defendants of the filing of this petition and that unless they appear and file their answer according to law, the prayer of this petition will be granted. {Signed} S.B. Briggs, CSC, Probate Judge" End of the estate records on file. Marshall Styles Simpsonville SC