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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 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 Edward, Elizabeth, Mary, Nancy, Martha, Henry & Peter Green. 

James A. Evans (1845-1912) son of James Evans & Martha Green; grandson of Allen Green & Lucretia Evans.
Mary (Green) Wilkins (1820-1900/10) dau/of Allen Green & Lucretia Evans
Nancy (Carr) Harris (1843- aft 1906) dau/of Albert Carr & Nancy Green; granddaughter of Allen Green & Lucretia Evans.
James Thomas “Tom” Green (1842-1921) son of William A. Green & Mary P. Green; nephew of Allen Green.
Mary Jane (Evans) West (1857-1944) dau/of James Evans & Martha Green; granddaughter of Allen Green & Lucretia Evans.
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

 

 

 

 

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