Lenoir County, NC - Benjamin Sutton, Partition of Lands, 1872
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Subject: LENOIR CO., NC - BENJAMIN SUTTON HEIRS
Vol A. Divisions, Dowers, and Provisions - pages 39 - 42. Lenoir County,
NC Courthouse
Land description is abstracted. Benjamin Sutton died 28 March 1864 and
was buried in the Sutton Family Cemetery. The heirs listed below are by
no means all his children; however, there is a lot of conflicting
information as to exactly who his children were as some may have been
grandchildren.
State of North Carolina, Lenoir County, To the Superior Court Clerk
We the undersigned commissioners, appointed by the Superior Court Clerk
of Lenoir County, having been duly sworn, proceeded on the tenth day of
December 1872, to divide and make partition between and among Benjamin
H. Sutton, George L. Sutton, Allen Sutton, Jennett Turner, Louisa Davis,
Isaac E. Sutton & Buck Sutton tenants in common of the lands devised to
them by the last will and testament of Benjamin Sutton, dec'd.
whereupon, we have made and do hereby make the following appropriations
among the respective claimants in severally, that is to say:
The Lot No. 1 is assigned and appropriated to George L. Sutton bounded
as follows: beginning at a stake on the bank of the Neuse River to a
stake near the public road, to a branch, then down the branch to Daniel
Sutton's corner, corner of lot #2, to Neuse River - 110 acres valued at
One Thousand Dollars
The Lot #2 - is appropriated to Jennett Turner bounded as follows:
beginning at the mouth of the Mill Branch, up the run of the same to the
public road,, with the canal, adj Lot #1, to a stake near the gin house,
to the Neuse River - 79 1/2 acres valued at One Thousand Dollars.
Lot #3 is appropriated to Buck Sutton bounded as follows: beginning at
the at the run of the mill branch on the public road below the mill and
runs with said road, corner of Lot 2, back to the public road - 90 acres
valued at eight Hundred and fifty dollars.
Lot #4 - appropriated to Louisa Davis - beginning at Blount's line, to
Daniel Sutton's line, corner in Lot 1, corner in Lot 3 - containing 97
acres valued at Thirteen Hundred & Fifty Dollars
Lot #5 - is appropriated to Eli Sutton - Blount's line, corner of Lot
#4, edge of sand ridge - 151 acres valued at nine hundred and fifty
dollars
Lot #6 - appropriated to Benjamin H. Sutton - corner of Lot #5 to the
sand hill or high land, Daniel Sutton's land, corner of Lot #4 - 238
acres valued at nine hundred and fifty dollars
Lot #7 - appropriated to Allen Sutton - Blount's line, Guinna Spring,
Great Baer pocosin - two hundred and thirteen acres valued at nine
hundred dollars
We further charge the more valuable dividends with such sums of money
respectively to be paid to those of inferior value respectively as will
make an equitable division, that is to say:
That Lot No 4 appropriated to Louisa Davis is to pay to the Lot No 3
appropriated to Buck Sutton the sum of one hundred and fifty dollars
That lot No 4 appropriated to Louisa Davis is also to pay to Lot #5
appropriated to Eli Sutton the sum of fifty dollars.
Lot No 4 appropriated to Louisa Davis is also to pay to Lot No 6
appropriated to Benjamin H. Sutton the sum of Fifty Dollars.
Lot No 4 appropriated to Louisa Davis is also to pay to Lot No 7
appropriated to Allen Sutton the sum of One Hundred Dollars.
One acres of land where the gin house and cotton screw is now located
which has not heretofore been appropriated is appropriated to Lot No 1
with all improvements thereto or in anywise belonging the value of which
is includedin the valuation of the said Lot No 1 appropriated to George
Sutton.
All which is respectfully submitted under our hands and seals this the
12th day of December 1872
J. M. Swaringin
Jerry Warters
Recorded in the office of the Superior Court Clerk of Lenoir County this
22 day of May 1874
Wm W. N. Hunter, CSC
Ida Hunter, DC
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NORTH CAROLINA ARCHIVES - CR 028.508.17 - CRAVEN COUNTY ESTATE RECORDS
ESTATE OF ALEXANDER W. KILPATRICK - 1853
Worry Kilpatrick had sold land to Benjamin Sutton Sr. for $5,000.
Benjamin died and Wm Sutton and heirs at law of Benj. Petition to have
the land sold to divide the proceeds.
Superior Court Craven County, Fall Term 1871 - Edward Jones and John
Kilpatrick by their next friend and Guardian Warry Kilpatrick to the
Court.
"It is ordered in this case that notice be issued to the following
persons viz. Worry Kilpatrick, Allen Sutton, Buck Sutton, Eli Sutton,
George S. Sutton, Thos. Sutton, Daniel Sutton, Benj. H. Sutton, Gennett
Turner, Mary A. Sutton, Nancy Dail, Chloe M. Parker, Sarah Bizzell,
Betssey Caisey, Levi Sutton, Winniford Fields, Louisa Sutton, Mary
Sutton and Thos Sutton guard, Mary Smith, The Heirs at Law of Benj
Sutton Sr. and John Rhem to appear at the next term of this Court the
4th Monday after the 4th Monday in February. To attend to their
respective interests in proceedings to be had in the case.
Signed (I am not sure this is correct, but best I could do) J. or I. E.
West"
Attached to the back of this paper
To the Sheriff of Lenoir County please notify the within defendants.
Received March 1st 1872 Served March 14th and 15th 1872 upon
Allen Sutton
Thomas Sutton
George Sutton
B. H. Sutton
Gennett Turner
Louisa Sutton
Levi Sutton
Warry Kilpatrick
John Rhem
Winifred Fields
Mary A. Smith
On another sheet of paper is the following:
Heirs at Law of Benj Sutton Sr
Allen Sutton
Buck Sutton
Eli Sutton
George S. Sutton
Thos Sutton
Daniel Sutton
Benj. H. Sutton
Gennett Turner
Mary A. Sutton
Nancy Dail
Chloe M. Parker
Sarah Bizzell
Besey Caisey
Levi Sutton
Winnifred Fields
Louisa Sutton
Mary Sutton
Tho. Sutton guard
Mary Smith
[NOTES: The above information is all that is in the estate records that
lists the heirs. It is possible more information could be obtained from
Court Records.
There is a minor problem of a nine (9) year difference in the death
dates of Benjamin Sutton which brings up the question of whether the two
Benjamins are the same person. Also the list of children is not
consistent.
I am not certain which Worry Kilpatrick this was, Warre III or the next
generation. Alexander was the son of Warre II and had a brother Warre
III. Warre III md 1st Elizabeth Bond Phillips, who died with issue and
I am not certain if Warre III remarried. --MMM]
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