Lenoir County, NC - Nancy Hines Dower Petition, 1847
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State of North Carolina } Superior Court of Law
Lenoir County } Spring Session 1847
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
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