(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--
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
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
Enoch Durham 594
Josiah Miller 198
Elijah Miller 198
Enoch Miller 198
Robert Miller 198
Benjamin Greenage & Rachel 198
John Hughes 99
Elijah Consellors heirs
1 Jeremiah died intestate & left 5 children
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
3. JEREMIAH CONSELLOR (1811) ( son of Elijah and Hannah Consellor)
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.
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
Elijah Conselor the chosen Trusty
Take Bond cash in 1000 Dlls
Recorded G Folio 113.