(1845) Order for petition of Elijah Conselor’s land
Cover page of the document: Elijah Consellor S and Petition for Partition.
Order for partition granted & freeholders appointed by order here ....
(names). Recorded in Record Book P folio 461 &c. Indexed.
To
the Honorable the Orphans’ Court of Kent County:
The Petition of Enoch Spruance respectfully represents, That by virtue of proceedings
in this Court returned in the year 1812 the widow’s dower in the real estate of
a certain Elijah Consellor late of
Little Creek Hundred in said county, who died intestate, was laid off and assigned
to Hannah widow of the said intestate,
and the residue equally divided amongst his children agreeably to law, as will
more fully appear by reference to the return of the said proceedings recorded
in Book G folio 129 et seq. That the part so laid off and assigned to the
said widow as her dower contains sixty six acres and thirty three perches and
seven tenths of a perch of land more or less, and is marked on the plot recorded
on folio 129 afsd with the letters ABBC&D. That the said widow departed this life sometime
in the year 1840. That the said intestate
left to survive him at the time of his death five children as his heirs at law,
viz: - 1st Jeremiah, 2nd Elijah, 3d Sarah,
4th Elizabeth, 5th Benjamin.
That the said Jeremiah died in the lifetime of his mother the said Hannah intestate and left to survive him
as his heirs at law five children viz: 1st
Hester, 2nd Elijah,
3d Hannah, 4th Harriet 5th Jeremiah; that the said Hester married, as her first husband, a certain Jesse Dean who died, and had by the said
Jesse one child named Jeremiah, and
after the death of the said Jesse she intermarried with and became the wife
of a certain Elisha Durham, and
afterwards in the year 1840 departed this life intestate leaving to survive her
her said husband the said Elisha Durham
and ten children besides the said Jeremiah, viz. 1st Joel, 2d
Isaac, 3d Elijah, 4th
John, 5th Elizabeth, 6th David, 7th
Mary, 8th Hester, 9th Ann, 10th
Clayton which last has since died under age, intestate and without issue leaving
to survive him as his heirs at law his said brothers and sisters of the whole
blood; that the said Elijah
second child of the said Jeremiah
as aforesaid is living; that the said Hannah
third child of the said Jeremiah is
also living and is the wife of a certain
Perry Cork; that the said Harriet and Jeremiah the fourth and fifth children of the said Jeremiah both died under age, intestate
and without issue.
That the said Elijah the aforesaid second child of the intestate aforesaid died
about the year 1826 and after his death all and singular his interest in the
said dower (the same being one undivided fifth part thereof) was sold at public
vendue by the Sheriff of Kent County aforesaid and bought by your petitioner to
whom a deed was duly made and executed by the said Sheriff.
That the said Sarah the aforesaid third child of the intestate aforesaid is living
and is the widow of a certain Debrix Miller, and is unmarried.
That the said Elizabeth the aforesaid fourth child of the intestate aforesaid intermarried
with a certain John Durham and died
about the year 1815 leaving to survive her her said husband and three children, viz 1st Ezekiel
2d Enoch 3d Mary, which last has since died
under age intestate and without issue.
That the said Benjamin the aforesaid fifth child of the intestate aforesaid in
his lifetime sold all his interest in the said dower (the same being one
undivided fifth part thereof) to the before named Debrix Miller, and afterward died; that since then said purchaser the said Debrix Miller has departed this life intestate
leaving to survive him a widow the before named Sarah and six children, viz 1st Josiah,
2nd Elijah, 3d
Rachel 4th Enoch
5th Robert 6th
Maria; that the said Rachel is the wife of a certain Benjamin Greenage; that the said Maria intermarried with and became the
wife of a certain Benjamin Hughes,
and after the death of her father the said Debrix
Miller, departed this life intestate leaving to survive her her husband
the said Benjamin Hughes and two children,
viz. John and Rachel.
That the interest of the above named
parties in the said dower is as follows: that
is to say, by dividing the same into five thousand nine hundred and forty parts,
the said Jeremiah Dean is entitled
to thirty six of those parts, and the said Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann Durham
are each entitled to forty of those parts subject to the life estate of the said
Elisha Durham the husband of the before
named Hester decd. who was the mother
of the said Jeremiah, Joel, Isaac, Elijah,
John, Elizabeth, David, Mary, Hester and Ann and the first child of the said Jeremiah Consellor, as tenant by the curtesy.
That the before named Elijah child of the before named Jeremiah Consellor is entitled to three
hundred and ninety six of those parts.
That the before named Perry Cork and Hannah his wife which said Hannah
was the third child of the before named Jeremiah
Consellor is entitled in right of the said Hannah to three hundred and
ninety six of those parts.
That your petitioner who purchased
at Sheriff’s sale, as aforesaid, the interest of the said Elijah Consellor who was the second child of the said intestate is
entitled to one thousand one hundred and
eighty eight of those parts.
That the said Sarah Miller widow as afsd. of the before named Debrix Miller, and third child of the
said intestate is entitled to one thousand one
hundred and eighty eight of those parts.
That the said Ezekiel and Enoch Durham
children as aforesaid of the before named
Elizabeth the deceased wife of the
before named John Durham, the said
Elizabeth being the fourth child of
the said intestate are each entitled to five hundred and ninety four of those
parts subject to the life estate of their father the said John
Durham therein, as tenant by the curtesy.
That the said Josiah, Elijah, Enoch and Robert Miller, and the said Benjamin Greenage and Rachel his wife in right of the said Rachel, which said Josiah, Elijah, Enoch, Robert and
Rachel are children of the before named Debrix Miller decd. who was the assignee of Benjamin Consellor who was the fifth child of the said intestate,
are each entitled to one hundred and ninety eight of those parts subject to the
dower therein of the said Sarah Miller
widow as afsd. of the said Debrix Miller--and
the said John and Rachel Hughes children as aforesaid of
the before named Maria who was the
wife of the before named Benjamin Hughes
and the sixth child of the said Debrix
Miller deceased, assignee as afsd. of the said Benjamin Counselor, are each entitled to ninety nine of those parts
subject to the dower therein of the said Sarah
Miller widow as afsd. of the said Debrix
Miller and also to the life estate therein of their father the
said Benjamin Hughes as tenant
by the curtesy.
That the said dower has never been
divided. Your petitioner therefore prays
the Court to appoint freeholders to divide the same according to law &c.
And he will ever &c--
Enoch Spruance
Know all men by these Presents, That
We have nominated and by these presents do nominate and appoint Joseph P. Comegys Attorney at law of the
town of Dover Kent County and State of Delaware, our true and lawful attorney
for us and in our place and stead to enter satisfaction of our and each of our
shares in a certain recognizance entered into in the Orphans’ Court of Kent County
aforesaid at the September Term 1845 by
Presley Spruance and Enoch Spruance of the town of Smyrna in
Kent County aforesaid upon the acceptance by them of that part of the real estate
of Elijah Consellor deceased which
in the division of the said estate was laid off to his widow Hannah Consellor, and which at the said
September Term 1845 (the said Hannah being dead) was valued by the freeholders
appointed by the said the Orphans’ Court on the division of the same, and was
accepted by the said Presley Spruance and
Enoch Spruance as parties entitled
by assignment of the interest of one of the heirs at law of the said Elijah
Consellor, hereby ratifying and confirming all our said attorney may lawfully
do in the premises--we hereby acknowledge that we have respectively secured from
the said Presley Spruance and Enoch Spruance full satisfaction of our
respective shares of the said recognizance.
Witness our hands &
seals respectively this (blank)
day of AD 184(blank).
Signed,
sealed & delivered
in
presence of Benjamin
Greenage Seal Marks made by:
D.
Lookerman
Rachel Greenage
James
Roberts
Josiah Miller
Enoch Miller
Phoeba Miller
Elijah Miller
Robert Miller
Mary Miller
5940 parts
Jeremiah Dean
36
Joel Durham
40
Isaac Durham
40
Elijah Durham
40
John Durham
40
Elizabeth Durham
40
David Durham
40
Mary Durham
40
Hester Durham
40
Ann Durham
40
Elijah Consellor
396
Perry Cork
396
Enoch Spruance
1188
Sarah Miller
1188
Ezekiel
Enoch Durham
594
Josiah Miller
198
Elijah Miller
198
Enoch Miller
198
Robert Miller
198
Benjamin Greenage & Rachel 198
John Hughes
99
Rachel
99
5940
Elijah Consellors heirs
1 Jeremiah died
intestate & left 5 children
2 Elijah
3 Sarah
4
5 Benjamin
1st Jeremiah
1 Hester died
& left 10 children
2 Elijah Living
3 Hannah Living & wife to Perry Cork
4 Harriet
died without issue
5 Jeremiah
died without issue
Hester 1st
of 1st
1 Jeremiah Dean
2 Joel Durham
3 Isaac Durham
4 Elijah Durham
5 John Durham
6 Elizabeth
Durham
7 David Durham
8 Mary Durham
9 Hester Durham
10 Ann
Elijah Consellor
Enoch Spruance
3. JEREMIAH CONSELLOR
(1811) ( son of Elijah and Hannah Consellor)
To
the Honorable the Chancellor of the State of
THE
PETITION OF Elizabeth Conselor widow
and Relict of Jeremiah Conselor late
of Little Creek Hundred in the County aforesaid Humbly sheweth, that the said
Jeremiah Conselor was seized in his demesne
as of fee of and in a certain plantation, tract or parcel of land, containing
about one hundred and eighty acres, with the appurtenances, situate in the hundred
and county aforesaid, adjoining land of Joseph Farrow the heirs of Risdon
Bishop and others, which is subject to the widows dower therein, the whole
of which will yield an annual Rent of about one hundred & twenty dollars per
year that being so thereof seized died, intestate leaving a widow and five children
namely Esther Conselor, Elijah Conselor, Hannah Conselor, Harrieta Conselor and Jeremiah Conselor who are all under the
age of Fourteen years and hath no guardians, and as to personal Estate it is yet
ascertained, but suppose it not be to any great amount He therefore prays your
Honor to appoint her Guardian to said Minors agreeably to the directions of the
act of Assembly in such case made and provided,
And your petitioner will pray, &c.
Cover page:
Petition
for Guardian to be appointed for Esther,
Elijah, Hannah, Harrieta &
Jeremiah Conselor, minors of Jeremiah
Conselor decd.
14
August 1811, Elizabeth Conselor is appointed Guardian of her children
Esther Conselor
Elijah Conselor
Hannah Conselor
Harrieta Conselor
Jeremiah Conselor
Elijah Conselor the chosen Trusty
Take
Bond cash in 1000 Dlls
Recorded
G Folio 113.