Estate of James Trip Davis-1907

Estate of JAMES TRIP DAVIS- 1907
Warren County Special Proceedings 1870-1965
Book 3, Pages 463-472

North Carolina
Warren County

In Superior Court Before Clerk
LUCY DAVIS, Widow of JAS. T. DAVIS, dec'd
MARY ELIZA POWELL & her husband, HENRY EPPS POWELL, NERVIE J. POWELL, & her husband J. R. POWELL, MAGGIE WATSON & her husband JAS. L. WATSON, JIMMIE DAVIS, ROBERT DAVIS, WILLIE DAVIS, BALDIE DAVIS and ENOLIA DAVIS, the said ENOLIA DAVIS' being an infant & appearing in this action by her Mother & Next friend, LUCY DAVIS.
Expartees

Petition to Partition Lands

To JAS. R. RODWELL, Clerk of the Superior Court of Warren County: Your Petitioners respectfully show:
First: That said LUCY DAVIS is the widow of JAS. T. DAVIS, dec'd, a resident of the State of North Carolina, and is entitled to dower in the lands hereinafter described. That the petitioners, are tenants in common seized in fee & in possession of the following described tracts of lands situated in Fishing Creek Township & bounded as follows:
One tract lying & being on the West side of Eastern Buffalo Branch, beginning at a sweet gum on the West side of Eastern Buffalo, thence N 73 W. 74 poles 10 links to a corner stone at the corner of the fence, thence N. 32 E. 80 poles to a stone on the East side of the old carriage path, thence N. 212. 30 poles, 15 links to a stone, thence S. 73 E. 63 poles, 5 links to Eastern Buffalo to the beginning containing 35 acres: Also one tract beginning at a persimmon & pine, thence S 73 E. 20 poles to a stone at the corner of the fence, thence along the fence & near the fence N. 32 E. 80 poles to a stone on the east edge of the old carriage path, thence N. 21 E. 30 poles 15 links to a stone, thence N. 73 W. 70 poles 20 links to a cedar stake, thence due South 112 poles 20 links to the beginning containing 26 acres, less one acre which was sold off for a school house some years ago- and less thirteen acres, conveyed by JAS. T. DAVIS & Wife LUCY DAVIS to GARTHA SHEARIN. See deed dated March 1st 1900, & recorded in Book 64 at page 463, office of Register of Deeds of Warren County N.C.
Second. That LUCY DAVIS is entitled to dower in the aforesaid tract of land, she being the widow of said JAS. T. DAVIS, dec'd. And your other petitioners, MARY ELIZA POWELL, NERVIE J. POWELL, MAGGIE WATSON, JIMMIE DAVIS, ROBT. DAVIS, WILLIE DAVIS, BALDY DAVIS & ENOLIA DAVIS, are the children & heirs at law of said JAS. T. DAVIS dec'd & each entitled to one-eighth interest in said tracts of land, subject to said dower interest, and all your said petitioners are residents of the State of North Carolina, and all of lawfull age save ENOLIA DAVIS, who is an infant & appears in this action by her next fried & mother LUCY DAVIS.
Third. Your petitioners desire to hold their interest or shares in said lands in severalty; wherefore they pray your Court that you appoint three Commissioners to set aside the dower in said lands to LUCY DAVIS as provided by law, & the land remaining they divide into eight equal shares by metes and bounds, and to allot to each petitioner, the children of said JAS. T. DAVIS, such share thereof as they are entitled to; and if an equal division cannot otherwise be made, then to charge the more valuable dividends with such sums as they may deem necessary to be paid to the dividend of inferior value, in order to make the division equal, & report their proceedings within sixty days to the Court. And your petitioners, as in duty bound, will ever pray.
This Jan'y 15 A.D. 1907.
J. H. KERR, Atty for Petitioners

North Carolina
Warren County
In Superior Court Before Clerk

LUCY DAVIS & Others, Exparte
Petiton for appointment of next friend & order granting same.

To J. R. RODWELL C.S.C. Warren County, N.C.
I. J. H. KERR Attorney for petitioners in the foregoing proceedings to partition real estate respectfully showeth to the Court that ENOLIA DAVIS is an interested party in said proceedings & is an infant, without general or testamentary guardian in this State; wherefore I pray your Court to appoint LUCY DAVIS the Mother of said infant to appear in said proceedings as next friend.
J. H. KERR, Atty.

Upon hearing the foregoing application of J. H. KERR a reputable person, it is, after due enquiry as to her fitness, ordered that LUCY DAVIS be & is hereby appointed next friend for ENOLIA DAVIS to represent her in the foregoing proceedings. This Jan. 15th 1907.

J. R. RODWELL
Clerk Superior Court

North Carolina
Warren County

In Superior Court Before Clerk

LUCY DAVIS widow of JAS. T. DAVIS, dec'd & Others.
Exparte

Order Appointing Commissioners

The petition in this cause being heard, and the facts therein set forth appearing to be true, it is now upon motion of J. H. KERR Attorney for petitioners ordered by the Court that, JOHN POWELL, D. L. ROBERTSON & R. B. DAVIS be & are hereby appointed Commissioners to allot to LUCY DAVIS Widow of JAS. T. DAVIS, dec'd, a dower in the tracts of land described in the petition in this proceedings which shall consist of one-third in value of said lands including the dwelling house in which her husband usually resided together with all the out houses thereunto belonging, and the remainder of said tracts of lands they are to allot one share in severalty to each of the following petitioners, viz:
MARY ELIZA POWELL, NERVIE J. POWELL, MAGGIE WATSON, JIMMIE DAVIS, ROBERT DAVIS, WILLIE DAVIS, BALDY DAVIS & ENOLIA DAVIS, heirs at law of said JAS. T. DAVIS, dec'd. And if equal shares cannot be made by dividing the said lands, then & in that case they are to charge the more valuable dividends with such sums as they may judge necessary to be paid to the dividends of inferior value, in order to make the division equal. Said Commissioners shall meet on the premises at the time summoned by the Sheriff, and after being duly sworn by a Justice of the Peace, or some other person authorized to administer oath, to do justice among the tenants in common, in respect to said partition & allotment of dower, according to their best skill & ability, shall proceed to divide & set apart the said lands as aforesaid. Said Commissioners are hereby empowered to employ a surveyor, who shall make a map of the premises showing the quantity, courses & distances, of said dower 7 each share, which map shall accompany & form a part of their report. And said Commissioners shall within sixty days, after their appointment & notification make a full & ample report of their proceedings under the hands of any two of them specifying therein the manner of executing this trust & describing particularly the lands divided 7 the share allotted & set aside to eac of the petitioners entitled thereto.
This Jan'y 15th 1907.
J. R. RODWELL,
Clerk Superior Court

Approved
C.C. LYON- Judge Presiding.

North Carolina
Warren County

In the Superior Court Before Clerk

LUCY DAVIS widow of JAS. T. DAVIS, dec'd. & others.
Exparte

To the Clerk of the Superior Court of Warren County, N.C. The undersigned Commissioners appointed by your Court by to report as follows:
Obedient to a summons of the Sheriff of Warren County, we met upon the lands of said JAS. T. DAVIS, dec'd, on the 24th day of Jany. A.D. 1907, in order to divide & allot in severalty the said lands, which are fully described in the petition in this cause, among the parties to this proceeding. And after being sworn as provided by law with the aid of J. D. PALMER a competent & qualified surveyor, we proceeded to partition the said lands among the several parties to this proceeding according to their respective rights & interests, as follows, viz:

Lot No. I. bounded as follows- Beginning at a stone in the N.W. Corner of MRS. JAS. T. DAVIS tract, thence along said MRS. DAVIS' line, S. 11 1/4 W. 5. C. 3 L. to a stone in said DAVIS line, thence N. 71 1/4 W. 12 C. 47 L. to a pile of stone with pine & dogwood pointers in GARTHA SHEARIN's line, thence along said SHEARIN's line, N. 11 1/4 E. 5C 3 L. to a stone with dogwood pointers thence S. 71 1/4 E. 12 C. 46 L. to the beginning containing six & one quarter acres (6 1/4) less one acre sold for school house, this lot we value at $41.67 & allot to WILLIE DAVIS.

Lot No. II. bounded as follows, Beginning at a stone in MRS. JAS. T. DAVIS' line S. E. Corner of Lot No. 1, WILLIE DAVIS' tract thence along said MRS. DAVIS' line S 11 1/4 W. 4C 43 L, ot a stone in said MRS. DAVIS' line & MAGGIE WATSON's N.E. Corner thence along said WATSON's line N 71 1/4 W 12C 46 L to a stone with alder pointers, in GARTHA SHEARIN's line, thence along said SHEARIN's line, N. 11 1/4 E. 4C 43 L to a stone, with pine & dogwood pointers S. W. Corner of WILLIE DAVIS' tract, thence along WILLIE DAVIS' line S 71 1/4 E. 12C. 47L to the beginning containing five & one quarter acres (5 1/4) more or less, this lot we value at $33.67 & charge lot No. 4 with the sum of $8.00 to be paid this lot, and allot to NERVIE J. POWELL.

Lot No. III. bounded as follows, Beginning at a stone in MRS. JAS. T. DAVIS' line thence along her line S. 11 1/4 w. 4C 43L to a stone in said MRS. JAS. T. DAVIS line just 20 L. from her S.W. corner, thence N. 71 1/4 W. 12 C 46L to a stone with dogwood & gum pointers in GARTHA SHEARIN's line, thence along said SHEARIN's line N. 11 1/4 E. 4C 43L to a stone with alder pointers, S.W. Corner of Lot No. 2, NERVIE J. POWELL tract thence along said POWELL's line S 71 1/4 E. 12C 46L to the beginning containing 5 1/4 acres more or less. We value at $41.67 & allot to MAGGIE WATSON.

Lot No IV. bounded as follows, Beginning at stone in MRS. JAS. T. DAVIS' line, 20L from the S.W. Corner, thence S 11 1/4 W. 4C 43L to a cedar stake with pine & oak pointers in MARY E. POWELL's line, thence N. 71 1/4 - 12C 40L to a stone with dogwood & sweet gum pointers in GARTHA SHEARIN's line, thence along said SHEARIN's line N. 11 1/4 E. 4C 43L to a stone with dogwood & sweet gum pointers MAGGIE WATSON's S.W. Corner, thence S. 71 1/4 E. 12C 46L to the beginning containing 5 1/4 acres more or less, this lot we value at $49.67 & charge the same with $8.00 to be paid to lot No. 2 and allot the same to ROBERT DAVIS.

Lot No. V. bounded as follows, Beginning at a stone in MARY E. POWELL's line, thence S 11 1/4 W 4C 43L to a stone, with gum pointers in JIMMIE DAVIS' line & ENOLIA DAVIS' N.E. Corner, thence N. 71 1/4 W. 12C 40L to a stone with pine & holly pointers in GARTHA SHEARIN's line, thence along said SHEARIN's line N. 11 1/4 E. 4C 43L to a stone with dogwood & gum pointers, ROBERT DAVIS' S.W. corner, thence along said ROBERT DAVIS' line S. 71 1/4 E. 12C 40L to the beginning containing 5 1/4 acres more or less. We value at $41.67 and allot to BALDY DAVIS.

Lot No. VI. bounded as follows, beginning at a stone with sweet gum pointers in JIMMIE DAVIS' line, thence along said DAVIS' line S 11 1/4 W. 4C 43L to a stone in LUCY JONES' line, thence along LUCY JONES' line N. 71 1/4 W. 12C 35L to a stone in LUCY JONES line & GARTHA SHEARIN's corner, thence along GARTHA SHEARIN's line N. 11 1/4 E. 4C 43L to a stone with pine & holly pointers, BALDY DAVIS' S.W. Corner, thence along BALDY DAVIS line S. 71 1/4 E. 12C 40L to the beginning containing 5 1/4 acres more or less, we value at $41.67, and allot to ENOLIA DAVIS.

Lot No. VII. bounded as follows, beginning at a stake in BALDY DAVIS' line & MARY E. POWELL's S.W. Corner, thence S. 11 1/4 W. 6C 50L to a stone in LUCY JONES' line, thence along LUCY JONES' line S. 71 1/4 E 8 C. 20L to Eastern Buffalo Branch thence up said branch its various courses 6C. 55L to a stake with sycamore pointers on West side of said branch, thence N. 71 1/4 W. 9C 30L to the beginning, containing 5 1/4 acres more or less. We value at $41.67 and allot to JIMMIE DAVIS.

Lot No. VIII. bounded as follows, beginning at a stone S.W. corner of MRS. JAS. T. DAVIS' tract, thence along MRS. DAVIS' line S 71 1/4 E. 9C 68L to a stone on the west bank of East Buffalo Branch thence down said branch its various courses 7C 25L to a stake with sycamore pointers, JIMMIE DAVIS' N.E. corner, thence N. 11 1/4 E. 6C 80L to the beginning; containing 6 1/4 acres more or less. We value at $41.67 and allot to MARY E. POWELL.

Lot No. IX. bounded as follows, beginning at a stone N. E. corner of Lot No. 1 WILLIE DAVIS'; thence S. 11 1/4 W 14C to a stone 20 links South of ROBERT DAVIS' N.E. corner, thence S. 71 1/4 E. 9C 68L to a stone or West side of Eastern Buffalo Branch, thence up the branch its various courses 13C 20L to a large white oak on West of the branch, thence N 71 1/4 W. 13C 47L to the beginning containing 16 acres more or less. We value at $166.67 and allot to MRS. JAS. T. DAVIS (LUCY) widow of said JAS. T. DAVIS, dec'd, as her dower in said lands herein partitioned.
The Surveyor's plot of said land & partition thereof is hereto attached & made part of this report.
Respectfully submitted
R.B. DAVIS
JOHN POWELL
D. L. ROBINSON
Commissioners

North Carolina
Warren County

In the Superior Court Before the Clerk

LUCY DAVIS, Widow of JAS. T. DAVIS, dec'd
Exparte

Final Decree

It appearing to the Court that R. B. DAVIS, D. L. ROBERTSON & JOHN POWELL, Commissioners heretofore appointed by the Court to partition the lands described in the petition in the aforesaid proceedings among the parties to said proceedings, and to allot to each his or her share in severalty having filed their report of said allotment in this Court on the 1st day of February A.D. 1907 and no objections or exceptions to said report having been filed within twenty days as provided by law. It is therefore the said Division or partition among said parties appearing to be just and fair & equal, ordered and adjudged & decreed that the said report be & is in all respects confirmed, & the said ROBERT DAVIS is adjudged to pay to NERVIE J. POWELL, the sum of Eight dollars, in order to make all the share in said division equal in value.
It is further ordered that said report & attached plot together with this final decree be recorded in the records of this Court & the same certified to the Register of Deeds of the aforesaid County & registered in his office as provided by law. This Decree is hereby adjudged to be binding among the parties to this proceeding, their heirs & assigns. The costs of this proceedings is adjudged to be paid by the parties to same pro rata.
This March 11th A.D. 1907.

J.R. RODWELL
Clerk Superior Court

Approved March 26th, 1907
C. C. LYON
Judge presiding

(James Trip Davis [1839-1902] was the son of Trip & Esther Davis, all former slaves in Warren County. He was married 1st to Emma Clanton, and 2nd to Lucy Lines)

See also: Family of Trip & Ester Davis