NC, Lenoir, Estate, Estate of Daniel Hines and Duplin Will Abstract of Wm McCurdy
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This file was contributed by Christine Grimes Thacker and Glenn Fields , October 2000.
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Christine Grimes Thacker
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
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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)
either a son of Wm McCurdy that died ca1806 or could be a son of Thomas
McCrudy & Zilpha Winders.. CGT.
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