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ALLEN GREEN ESTATE JAMES A. EVANS, ETC. PETITION OF LAND,
1906 (Warren County, Orders & Decrees 1901-1907, Vol. 3, Pp. 234 – 240)
North Carolina
Warren County
In Superior Court
Before the Clerk
Petition to Sell Land for Division:
James A. Evans
Mary Wilkins &
Husband Wilson Wilkins
vs
Nancy Harris and husband
William Harris, Nannie Green
& T. O. Rodwell Guardian ad
Litem, Tom Green, Mary West
And husband John West & Aaron
Hendrick & W. T. Davis, Landon
West – Individually and as Guardian
Ad litem of Gracy West & others
To the Clerk of the Superior Court of Warren County North Carolina
Your Petition in this action respectfully show:
1st – That they together with the aforesaid defendants are tenants in
common seized in fee and in possession of the following described tract
of land situated in the aforesaid State & County Shocco Township
and bounded as follows; on the North and East by Fishing Creek South by
lands known as the John S. Cheek property on the West by lands of W. B.
& R. B. Boyd and containing Sixty two & one half acres and
known as the old Allen Green tract of land.
2nd – The interest of the aforesaid parties to this action is as
follows; James A. Evans and Mary West wife of John West are jointly one
sixth (1/6) of the aforesaid tract of land Tom Green, Nannie Green,
Nancy Harris wife of William Harris and Mary Wilkins wife of Wilson
Wilkins each own one sixth of the aforesaid tract of land and that
Gracy, Thos. Solomon, Savannah & Julius West jointly own (1/6) on
sixth of said tract of land.
3rd – That the aforesaid parties are all more than twenty one years of
age except Nannie Green & Gracy, Thos., Solomon, Savannah, &
Julius West & reside in the said State of North Carolina.
4th – That the said
Nancy Harris more than twenty years ago with the knowledge &
consent of all of the aforesaid tenants in common cut off by metes
& bounds fifteen (15) acres of the North side of said tract of land
as her interest therein, she & those claiming under her, & have
owned and occupied the said fifteen acres ever since.
5th – Your said petitioners
desire to hold their interests in severalty in said lands but owing to
the size of said tract of land the number of parties interested,
therein the nature & quality of the soil and the meager
improvements thereon it is impossible that actual partition thereof can
be made without serious injuries to the aforesaid parties.
6th –
That the sale of the said tract of land exclusive of the aforesaid
fifteen (15) acres now in possession of W. T. Davis would be more
advantageous to the other tenants in common than actual partition
thereof.
7th- That the aforesaid Nannie Green, is a minor under 21 years of age
and appears in this proceedings by her guardian ad litem T. O. Rodwell
Esq. Whereof the petitioners pray the Court to order a sale of said
land excepting the aforesaid fifteen acres owned & occupied by the
said W. T. Davis, which said fifteen acres shall be allotted to him by
this proceedings as his entire interest or share in said tract of land
and that you appoint some competent person to sell the balance of said
land after due advertisement according to law to the highest bidder for
cash at the Court house door in Warrenton, North Carolina and report
the proceedings to your Court within ten days and your petitioners as
in duty bound will ever pray.
This 10th day February 1906
R. A. Hawkins
J. H. Kerr
Attys for Petitioners
Order for New Parties (See Original Papers on file)
Application for Guardian ad litem (See Original Papers on file)
Order Appointing T. O. Rodwell Guardian ad litem of Nannie Green (See Original Papers on file)
Answer of Nannie Green by her Atty. F. S. Spruill & adopted by T.
O. Rodwell Guardian ad litem (See Original Papers on file)
Application for Guardian ad litem for Infant defts. Gracie, Thos.,
Solomon, Savannah & Julius West (See Original Papers on file)
Order Appointing Landon West Guardian ad litem of above infant Defts. (See Original Papers on file)
Answer of Landon West Guardian ad litem (See Original Papers on file)
The Proceedings were continued for hearing from time to time Feby. 10th, 1906 to May 4th, 1906.
J. R. Rodwell, C.S.C.
North Carolina
Warren County
(Before the Clerk)
Jas. A. Evans & Others
vs
Nancy Harris & Others
(Order of Sale)
The aforesaid action coming on to be heard and it appearing to the
Court that each and every one of the Defendants in said action have
been duly served with summons as is provided by law, and it further
appearing that a sale of the tract of land described in the petition
for division among the parties to this action would be more
advantageous than actual partition of the same among said parties it is
therefore ordered and decreed that the said tract of land; excluding
however the fifteen acres of land now in possession of W. T. Davis, one
of the parties to this action which is hereby ordered to be allotted to
said W. T. Davis as his interest in said land the same being the 15
acres cut off by Nancy Harris as her entire interest; be sold to the
highest bidder for cash on the 12th day of June A.D. 1906 at the Court
House door in Warrenton, N.C. after advertising the same as required by
law.
It is hereby ordered that R. A. Hawkins be and is hereby appointed
commissioner to make said sale and report the same to this Court
without delay.
J. R. Rodwell
Clerk Superior Court
May 4th 1906
Report of Sale:
Jas. A. Evans & Others
vs
Nancy Harris & Others
To James R. Rodwell Clerk Superior Court of Warren County, North Carolina:
In pursuance of an order of said Superior Court issued to me as
Commissioner to sell land for division per parties in the above
entitled action, and due advertisement being made by me as required by
law, I sold the following property on the 12th day of June 1906; One
tract of land in Shocco Township, Warren County, N.C. containing 47
acres and being the same land embraced in petition as well as order of
sale. Said sale was made at the Court House door at the hour of 12 M
and the highest bidder was James A. Evans at the price of One hundred
dollars, and, I as Commissioner recommend that the Court accept the
price bid as I think it is a fair & just price for same.
Respectfully submitted,
R. A. Hawkins, Commissioner
June 12th 1906
Filed June 12th 1906
J. R. Rodwell, C.S.C.
North Carolina
Warren County
In Superior Court
Before J. R. Rodwell, Clerk
Final Decree:
J. A. Evans & Others
vs
Nancy Harris & Others
This proceedings coming on further hearing before the Court and it
appearing to the Court that R. A. Hawkins appointed by said Court to
sell the land described in this proceedings, sold the same as provided
by law on the 12th day of June 1906 at the Court House door in
Warrenton, North Carolina to the highest bidder for cash when and where
James A. Evans became the last and highest bidder for the same at the
price of one hundred dollars, which said price appears to be fair and
reasonable and twenty days having elapsed and no advanced bid having
been made. It is now upon motion of J. H. Kerr, Atty. for Plaintiffs,
ordered and decreed that the said sale be and hereby is in al respects
confirmed. It is further ordered that the said R. A. Hawkins,
commissioner, is hereby empowered to collect said purchase money and
that he execute to said James A. Evans the purchaser, a deed for said
real estate as provided by law.
It is further ordered that said R. A.
Hawkins, commissioner, be allowed ten dollars ($10.00) for his services
as such commissioner which said amount together with all costs and
expenses of this action be deducted from said purchase money and that
the balance be paid into the Office of the Clerk of Superior Court of
Warren County to be distributed among the parties to this action as
their interest appear. This 3rd day of July 1906
J. R. Rodwell, Clerk Superior Court
Statement:
Purchase money of land - - $100.00
Costs of proceedings, lawyers fees, & all $43.90 - 43.90
Left for distribution in 5 shares - $56.10
Each share - $11.22 
(Warren County, Orders & Decrees 1901-1907, Vol. 3, P. 249)
PARTHENIA “THENY” EVANS-WEST ESTATE PETITION
North Carolina
Warren County
In Superior Court Before the Clerk
In Re: Estate of Theny West, dec’d.
To Jas. R. Rodwell, Esq.
Clerk of the Superior Court of Warren County, State of North Carolina
Your petitioner respectfully showeth,
1st that he is the husband of Theny West, dec’d. who died July 2nd
1902, that said Theny West was a resident of the aforesaid State and
County and was seized and possessed of an undivided interest in a small
tract of land inherited from her grandfather, Allen Green. That said
land containing about 47 ˝ acres, was sold under order of Court for
partition among tenants in common on June 12th 1906 by R. A. Hawkins,
Commissioner, appointed by the Superior Court, for $100.00 to Jas. A.
Evans, and that after payment of all costs, then was paid into the
office of the Clerk of the Superior Court of Warren County, $56.10, of
which sum the said Theny West deceased is entitled to (1/5) one fifth,
that is $11.22.
2nd That the sum of $11.22 which your petitioner is advised and
believes belongs to his five infant children between the ages of 10 and
19 years, has been paid by said Commissioner R. A. Hawkins into the
office of Clerk of the Superior Court of said Warren County.
3rd That his said infant children, viz: Gracey, aged 19 yrs.; Thomas,
aged 18 yrs; Solomon, aged 17 yrs.; Savannah, aged 14 yrs.; Julius,
aged 10 yrs., have no general or testamentary guardian in this State
and they are in needy circumstances.
Wherefore, your petitioner prays your court to pay the said sum of
Eleven & 22/100 dollars, belonging to his aforesaid infants
children, to him, that he may use the same for their benefit and
maintenance.
Landon J. West (“X” his mark)
Witness:
Nat Allen
Subscribed & sworn to
Before me, Augst. 11th 1906
J. R. Rodwell, C.S.C.
Upon hearing the foregoing petition and it appearing that the matters
therein set forth are true; it is hereby ordered that the said sum of
Eleven & 22/100 dollars in hands of this Court belonging to the
infant children of Theny West, Dec’d. be & the same is hereby paid
into the hands of Landon J. West, their father, who shall faithfully
apply the same to their support & maintenance.
J. R. Rodwell,
Clerk Superior Court.
Augst. 11th 1906
North Carolina
Warren County
In Superior Court Before the Clerk
In Re. Estate of Theny West, dec’d.
Received of J. R. Rodwell, Clerk of the Superior Court of Warren
County, North Carolina, the sum of ($11.22) Eleven & 22/100
dollars, less said clerk’s fees & commissions of ($1.22) One &
22/100 dollars, being the amount of money in hands of said Clerk of the
Superior Court, belonging to the estate of said Theny West, deceased,
the same to be applied by me, as father of the five infant children of
said Theny West, deceased, to the maintenance of said infants.
Landon J. West (“X” his mark)
Witness
Nat Allen
Augst 11th 1906.
Warren County, North Carolina Special Proceedings- 1870-1965
Book 3, Page 310
Estate of ALLEN GREEN
North Carolina
Warren County
In the Superior Court Before the Clerk
In Re: Estate of Allen Green, dec'd
To. JAS. R. RODWELL, Clerk of the Superior Cort of Warren County, State of North Carolina
Your Petitioner respectfull showeth:
1st. That he is well acquainted with NANNIE GREEN, a grand-daughter of
ALLEN GREEN dec'd and that the said NANNIE GREEN is a minor and one of
the parties to a suit heard in this Court some months back for
partition of said ALLEN GREEN's estate, and that she the said NANNIE
GREEN was seized & in possession of an undivided interest in a
small tract of land inherited from her grand-father ALLEN GREEN. That
said land, containing about 47 1/2 acres was sold under order of Court
for partition among tenants in common on June 12th, 1906, by R. A.
HAWKINS, Commissioner, appointed by the Superior Court, for $100.00 to
JAS. A. EVANS, and that after payment of all costs there was paid into
the office of the Clerk of the Superior Court of Warren County, $56.10
of which sum the said NANNIE GREEN is entitled to (1/5) one fifth, that
is $11.22.
2nd. That the sum of $11.22 which your petitioner is advised &
believes belongs to the infant, the said NANNIE GREEN, has been paid by
said Commissioner, R.A. HAWKINS, into the office of Clerk of the
Superior Court of said Warren County.
3rd. That the said infant, NANNIE GREEN, aged 19 years, has no general
or testamentary guardian in this state, and she is in needy
circumstances;
Wherefore, your petitioner prays your Cour to pay the said sum of
Eleven & 22/100 dollars, belonging to the aforesaid infant NANNIE
GREEN, that she may use the same for her benefit and maintenance.
H. W. CARTER
Subscribed & sworn to before me, Dec. 17, 1906.
J. R. RODWELL, C.S.C.
Upon hearing the foregoing petition and it appearing that the matters
therein set forth are true; it is hereby ordered that the said sum of
Eleven & 22/100 dollars in hand of this Court belonging to the
infant NANNIE GREEN, be & th same is hereby paid into her hand for
her support & maintenance.
JAMES R. RODWELL
Clerk Superior Court.
Dec. 17th, 1906
North Carolina
Warren County
In the Superior Court
Before the Clerk
In Re: Estate of ALLEN GREEN, dec'd
Received of J. R. RODWELL Clerk of the Superior Court of Warren County,
North Carolina, the sum of ($11.22) Eleven & 22/100 dollars, being
the amount of money in hands of said Clerk of the Superior Court,
belongin to the Estate of said ALLEN GREEN, dec'd, for NANNIE GREEN,
the aforesaid infant the same to be used by said NANNIE GREEN infant,
for her maintenance and support.
This Dec. 17th 1906.
NANNIE GREEN
Additional Information on above in regards to relationship to Allen Green: Allen
Green (1775-abt 1860), was the oldest son of Thomas Green (1760-1850)
& Priscilla Green (1760-1850), former slaves who had been freed by
an Act of the General Assembly of North Carolina in 1798 after the
request of Samuel Williams (abt 1725-1791) their slave owner and father
of Thomas Green. Allen Green was married to Lucretia Evans (1782-abt
1860) in 1809, and their children known so far were Elizabeth, Mary,
Nancy, Martha, Henry, Thomas & Peter Green.
• James A. Evans (1845-1912) son of James Evans & Martha Green; grandson of Allen Green & Lucretia Evans.
He was married to Martha A. Caudle, dau/of John Haywood Caudle & Mary Polly
Evans.
• Mary (Green) Wilkins (1820-1900/10) dau/of Allen Green & Lucretia
Evans. She was married to Wilson General Patrick Wilkins.
• Nancy (Carr) Harris (1843- aft 1906) dau/of Albert Carr & Nancy Green; granddaughter of Allen Green & Lucretia Evans.
She was married to William Harris.
• Thomas “Tom” Green (1830-bef 1910) was the son
of Allen Green & Lucretia Evans. He was married to Mary Richardson, dau/of
Jeremiah Richardson & Patsy Dempsey.
• Mary Jane (Evans) West (1857-1944) dau/of James Evans & Martha Green; granddaughter of Allen Green & Lucretia Evans.
She was married to John West, son of Matthew Evans-West & Harriet Odom.
•
John Landon West (1857-1929) son of William Evans West & Mary J.
Carter; he was married to Parthenia “Theny” Evans (1854-1902) dau/of
James Evans & Martha Green; Parthenia was granddaughter of Allen
Green & Lucretia Evans.
•
Gracie, Thomas, Solomon, Savannah & Julius West, all minors at the
time, were children of John Landon West & Parthenia Evans; they
were great-grandchildren of Allen Green & Lucretia Evans.
•
Nannie Green (1890-1977), dau/of Lazerus Green & Roxanna Wester;
Lazerus, was the son of Allen's son, Henry Green & Nancy
Hawkins; Nannie was also mentioned in the will of Nancy Hawkins-Green
(1824-1906) as being her granddaughter, too, where Nannie (aka Nancy
Green in some records) was also represented in that proceeding by
Hawkins W. Carter, who was Nancy Hawkins-Green's nephew, the same as in
this proceeding for Allen Green, father of Henry Green. Both Nancy and
Hawkins are subjects on this website, see Homepage for their files. Nannie Green married John H.
Hawkins (son of James Hawkins
Also Note that children under 21 years of age were considered to be "infants" by the law, and
required a legal guardian appointed by the Court to participate in Court proceedings.
See also: Estate of William A. Green
 See also:
The Story of Thomas Green |
