ROBERT HENRY -
DECEASED 1871
Noah Henry admn.
of Robt. Henry
agt
Ephraim Henry
et al
~~~~~~~~~~~~~~~~~~
State of North Carolina
Henderson County
In the Probate Court - 1871
Noah Henry administrator of Robert Henry - deceased
against
Ephraim Henry et al - the heirs at law to Robt Henry decsd.
To the Judge of Probate for the County of Henderson
Your petitioner represents that Robert Henry late of said county died
intestate,
and that your petitioner qualified as administrator upon the estate of said
decedent.
Ane that as such he has used more than ordinary diligence to ascertain the
actual
indebtedness of said estate, and from all that he can learn from different
sources,
he finds the indebtedness to be something near twelve hundred dollars. He
further
represents that the personal estate of which decedent died possessed was
of
considerable value, consisting evidences of debt and other personally, the
latter of
which was exposed to sale by order of court on time, and the notes taken
therefore
were good at the time, but immediately thereafter together with the former,
became
worthless, or at any rate doubtful, by the event of the late war, and that
too before
your petitioner in due diligence could possibly have time to enforce collection.
Your
petitioner represents that under the provisions of a late act of assembly
the
proceeded to expose to sale at public auction for cash all the effects of
the said
estate remaining consisting entirely of evidences of debt, with one or two
exceptions
of notes of small value, and that the said evidences, thus disposed of brought
but a
few dollars, all of which has been applied to the payment of costs and charges
of
administration, and the liabilities of the said estate have for these reasons,
not been
reduced. Your petitioner represents further that his intestate died, seized
and
possessed of the following land situate lying and being in the County of
Henderson.
The 1st tract consisting of about 91 acres and lies on the French Broad River
adjoining the I.Y. Bryson lands, O.P. Mills and others, which petitioner
considers
worth about seven hundred dollars. The 2 tract consisting of some 6 or 7
acres
adjoining the 1st, O. P. Mills and others which petitioner considers worth
about
twenty five dollars. 3rd tract consisting of a 1/5 interest in one hundred
acres,
where Robert Orr now lives adjoining O.P. Mills, Wm. B. Henry's heirs rathers
this value of which petitioner considers very small. Your petitioner after
much
trouble and expense has ascertained the following as to the names, ages and
residences of the heirs at law of the decedent, to wit:
NAMES |
AGES | RESIDENCES |
| Ephraim Henry | 64 | Dade County, MO |
| Rachel Aikens | 48 | Pennsylvaniia |
| Margaret Orr | 60 | Henderson, NC |
| Joseph Henry | 58 | Henderson, NC |
| E. D. Graham | 47 | White County, Tenn. |
| Joseph Henry, Jr. | 37 | Not known |
| James Henry | 26 | Jackson County, NC |
| Alex Henry | 24 | Jackson County, NC |
| Jane Henry | 21 | Jackson County, NC |
| Cornelius Henry | 19 | Jackson County, NC |
| Jane Henry | 26 | Georgia |
| John Henry | 24 | Georgia |
| William Henry | 21 | Georgia |
| Charlotte Henry | 12 | Henderson, NC |
| Patrick Henry | 11 | Henderson, NC |
| Sophia Henry | 9 | Henderson, NC |
| William Henry | 4 | Henderson, NC |
To the end therefore that your petitioner may be enabled to close the
duties of his
offices, he prays your honor to grant an order allowing and requiring him
to sell the
said lands, on such terms as to the court may seem meet, and apply the proceeds
thereof to the payment of the indebtedness of the estate, together with costs
and
charges of administration. And as in duty bound your petitioner will ever
pray.
Hymann Caborne
Attys for Pet.
State of Carolina
Henderson County
In the Superior Court
Clerks Office - 1871
Before me, C.M. Pace, Clerk of the Superior Court for said County personally
came Noah Henry and made oath in due form of law that those facts set forth
in the foregoing petition which are of his own knowledge are true as those
not
of his own knowledge he believes to be true.
Signature: Noah Henry
Sworn to and subscribed before me this the 25th day of 1871.
C. M. Pace - Clerk
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