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From:
Subject: Nancy Winders court Papers/ viz estateof Daniel Hines( Children)
Date: Fri, 13 Oct 2000 15:13:38 EDT
This is what was sent by Glenn Fields, back in Aug. plus the McCurdy Will
found in Duplin Co.NC Papers that list Hines also.
State of North Carolina } Superior Court of Law
Lenoir County } Spring Session 1847
* Sent by Glenn Fields 8/24/2000.
To the Honourable the Judge of the Superior Court of Law for Lenoir
county.
The petitioner of Nancy Hines, widow and relict of Daniel Hines, deceased
of the County of Lenoir, Humbly complaining shewith unto your Honor that
the said Daniel Hines was in his life time, and at the time of his death,
seized or entitled in fee simple in possession of the following tract of
land situate, lying and being in the County of Lenoir and Duplin viz. lying
and being on Poly Bridge Swamp adjoining the lands of Daniel Hines, Jr.,
Joseph Hines the heirs at Law of Isaac Hines dec'd, Jesse Hardy, Jr. and
Jesse Hardy, Sr. as will minefully appear by reference to the deeds of
title papers for the same which are now in the hands of the defendants
hereafter named, his heirs at Law. Your petitioner further shewith unto
your Honour that the said Daniel Hines departed this life intestate on or
about the _____ day of _____ A. D. 18____ leaving your petitioner his
widow and James Hines, Ivy Hines, Charlotte Hines, Betsey J. Hines, Ivy
Hines, Henry Hines, Buckner Hines, Charles Hines and Mary Ann (later on she
is listed as Nancy Ann) Hines and that Betsey J. Hines has intermarried
with Jesse Hardy, Jr. his only children and heirs of Law. Heirs surviving
to whom the aforesaid tract of land descended as tenants in Common subject
to the dower therein of your Petitioner. Your petitioner further shewith
unto your Honor that no settlement or provision in lieu of dower having
been made upon as for the benefitt of your petitioner upon or before her
marriage with the said intestate. Your petitioner upon the death of her
said late husband became and is now entitled to dower in or out of all the
aforesaid tract of land which he was seized in fee at the time of his death
as aforesaid being one third part of the same including the house or
mansion as part in portion thereof in which he dwelt most generally next
before his death together with the building and improvements belonging and
appertaining thereto and your petitioner being entitled in manner aforesaid
hath frequently applied in a friendly manner to the said defendants and
requested them to assign and set apart by metes and bounds to your
petitioner a full third part of said lands, as and for her dower therein
and Your petitioner well hopes that they would have complied with such
reasonable request as in justice and equity they ought. But now so it is
may it please your Honor that the said defendant for certain reasons
unknown to your petitioner utterly refused to comply with such request to
the end therefore that the said defendants may answer the premeses and that
in case any of the said defendants are infants of tender years with(out) a
Guardian duly appointed, some suitable and discreet person may be appointed
by this Honorable Court to defend the rights and interest of said infants
in this suit and that dower of one third part of the aforesaid lands may be
assigned and set apart so that your petitioner may hold and enjoy the same
in severalty as and for her dower according to the statute in such case
made and provided and that to effect that object a writ of dower may (be)
issue(d) to the Sheriff of said County commanding him to summons a jury of
good and lawful men to lay off and allot by metes & bounds to your
petitioner her dower as third part in the lands aforesaid and put her in
possession of the same and that your Honor would grant unto your petitioner
such other and further relief in the premises as the nature and the
circumstances of the Case may require, and to your Honor to grant unto your
petitioner a copy of this petition for each one of the said defendants,
together with a writ of Subponea as notice to be directed to the said
defendants, James Hines, Ivy Hines, Charlott Hines, Ivy Hines (repeated
here and earlier), Henry Hines, Buckner Hines, Charles Hines, & Nancy Ann
Hines (listed earlier as Mary Ann) and Jesse Hardy & Betsey his wife
commanding them at a certain day and under a certain _____ therein to be
limited personally to be and appear before your Honour in this Honourable
Court and then and there full true direct and perfect answer make to all
and ________ the premeses, and further to perform and abide (by) such
further order direction and decree therein as to your Honor shall _____
______. And Your Petitioner shall ever pray.
Bryan Solicitor
The outside cover:
Nancy Hines
Vs
James Hines, Ivy Hines,
Charlotte Hines,
Jesse Hardee & wife &
others heirs at Law
of Daniel Hines and
Petition for Dower
To Lenoir Superior
Court March Year
1847
To be served on
Jesse Hardee & wife
Betsey Jane
Will Abstract of Wm McCurdy: Source Duplin Co.,NC Wills
324. McCurdy,William (CR.035.801.7)
20 Feb 1838- Apr Term 1838
John & Henry, sons of Henry Winders all my land Except one acre for Grave
Yard at the Graves: IRY D. HINES & LOTTY HINES, the Heirs of Nancy McCurdy
that was former wife of Daniel Hines $50 Each; Catherine ,dau .of James
Winders deseased Negro Girl Citty; ALMIRER, dau. Of James Winders Negro
Girl Hager; Mary Ann , dau. Of William Newton Negro Man Balaam; Sally ,dau
of Zebeedee Hollensworth Negro Woman Betty; John son of James Hill Negro
boy Liaz; WILLIAM son of Henry Winders Negro Boy Moses; Elizer, dau. Of
Zebeedee Hollensworth Negro Boy Ben and $150; negro Woman Clarry to be
sold with all my other property, JOHN L. HILL to have $100 out of the
Moneyand the Balance to be Equally devided between Elizer Hollensworth,
John Hurst, Charles Hurst & Henry , the son of Holoway Hodges.
Extr: friend JOHN L. HILL
Wit: BH. WILLIAMS, HARRIS LANIER
Signed : Wm. McCurdey (sic)
ยท* either a son of Wm McCurdy that died ca1806 or could be a son of Thomas
McCrudy & Zilpha Winders.. CGT.
Christine Grimes Thacker
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