Thos.R. Henry Estate- the Plaintiff, in the above entitled
case, maketh oath
that the matters and statements contained in the foregoing petition of his
own knowledge are true,
and those not of his own knowledge, he believes to be true.
T. R. Henry
1878, 31 July
Sworn - 31 Day of July, 1878
C. M. Pace -
Clerk Superior Court
Thos. R. Henry - Administrator
Against
Noah Henry Estate
Heirs at law for
Joseph Henry _____
Heirs at Law
Petition to Sell Land for Assets
S. V. Perkins
Plaintiff Attorney
PETITION FOR DOWER - (Printed and for sale by Jno. Nichols & Co., Raleigh, N.C. )
Henderson County - In the Superior Court
Rachel Henry
Widow, &c
Noah Henry, Ephriam Henry, Robt Orr & Wife
Margaret B. A. Aikens & wife Rachel Aikens, Elbert Henry
_____ Heirs at Law of Joseph Henry
PETITION FOR DOWER
Heirs-at-Law, &c
To the Honorable, the Superior Court for said County:
The Petition of Rachel Henry, widow of Joseph Henry, deceased, respectfully
showeth that her late husband died intestate
in Henderson County, during the month of November last, lelaving him surviving
being NO children, bros., nephews, nieces,
Noah Henry, Ephraim Henry, Robt. Orr and wife Margaret, B _ Akins &
wife Rachel, Jane Henry Cornelius & June Henry,
W. J. Henry & Charlotte Henry, Patrick Henry, Sophia Henry & William
Henry & last - miner children of William Henry,
Elbert Henry, E.D. Graham, Joseph Henry, Jr., Jas Henry, Alex Henry, Jr.
who are his only Heirs at Law, and
of whom the said Charlotte, Sophia, Patrick and William Henry are infants
under twenty-one years of age, and without
any guardian. Your petitioner further showeth , that her said husband during
his coverture with the petitioner was seized
in FEE SIMPLE and possessedd of the following real estate, to wit:
1st: Home tract on French Broad River ____________________ consisting about
200 acres.
2. The Bridge Creek adjoining lands
of containing about 800 acres
3. Tract
E side of French
Broad River adjoining lands of Jas Ha containg about 100 acres
more or less.
4th Tract an Entry of Mountain land in
parnership with adjoining the mountain Cantrell that due and
not known
The William Henry tract of land to the Dower
6 An interest in the tract of land in which Archibald Aikins now lives - all in Henderson County
Your petitioner desires to have her dower in said lands allotted to her,
AND TO THAT END, she prays, your Honor,
to issue a writ to the Sheriff, commanding him to summon five, (unless on
the of the parties demands a greater number
and the not more than twelve,) freeholders, connected with the parties neither
by consanguinity or affinity, entirely
disinterested and qualified to act as jurors, TO VIEW THE SAID LAND, AND
TO ALLOT TO HER ONE-THIRD
PART THEREOF, including the dwelling-house, and all out-houses, buildings
and improvements appertaining thereto,
for the term of her natural life, and to report their proceedings in due
form of law.
May it please your Honor, to issue a Subpoena with Cop of this Petition to
the said defendant and Heirs at Law, and
to appoint a proper guardian AD LITEM for the infant defendats, Charlotte
Henry, Sophia Henry, Patrick Henry,
and William Henry requiring them to appear before you within twenty days
from the service of this process, and
show cause if any they can, why the prayer of your petitioner shall not be
granted.
And your Petitioner will ever pray, &c.
Dated this (30) Thirtieth day of June, 1878.
S. V. Perkens
Attorney for Petitioner
(NOTE. - See Laws of 1868-9, chapter 83, Sections 33, 40 and 42.)
DESCRIPTION from an 1877 legal document: Land described according to the following meets and bounds to wit:
All the Home tract on the South Side of French Broad River bounded as follows:
Begining at a Spanish Oake on the Banke of
the Bigg Branch.
William Osborn Beginning corner - runs with the same South two degrees west
160 poles to a Red oake then Southe fifteen
degrees east two hundred twenty Poles to a Stake an thence north Seventy
five degrees east eighty poles to a stake thence
south one hundred poles to a stake thence south seventy five degrees west
one hundred and sixty poles to a stake thence
north two hundred thirty seven poles to a stake thence west to a stake in
the forke of the Bigg Branche near the head of E. Henry
Corner thence near a north course crossing one forke of said Branch to a
white Oake thence a north-westerly course crossing
a head of a shoal to a turkey oake to the head of a cove thence a north-easterly
course to a Spanish oake to the head of a
cove thence a north-easterly course to a Spanish oake on to/of a ridge then
down the holler to a black oake near the head
of the meeting house Branch thence down and with the meanders of the Branch
to a maple on the Banke of the Branche,
then west to a stake in Orrs Time, thence north, with the Branche to the
River, then with the meanders of the river to the
mouth of the Bigg branche then with the meanders of the Branch to the Beginning
corner.