Petition by Robert Baker and Jane, his wife

Ashe County, North Carolina
Estate File of Jesse Reeves

Transcription

                                                                                      Fall Term 1839
State of North Carolina     §           In Equity - To the Honorable
              Ashe County             §           the Court of Equity for said. The Petition
of Robt Baker & his wife Jane of Robert Baker & his wife Jane and John Reeves Guardian of Obedience Baker, Mary Baker, Elizabeth Baker, Andrew Baker, Charity Baker, Wm. Baker, Jane Baker & Nancy Baker minor children of the sd. Robt Baker and Jane Baker by their guardian John Reeves respectfully Sheweth that by the will of Jesse Reeves decd the sd Robt & Jane are entitled to a life estate in the tract of Land containing 300 acres and after the death of the said Jane the sd lands will belong to the above named their minor children and that the sd John Reeves has been duly appointed guardian of sd children as to their interest in sd Lands, that the sd Lands are bounded on the south by the Lands of James Woody & Wm Con (?) & on the North by the Lands of John Reeves & on the East by the lands of James Woody and are situated on Cranberry Creek and is the same land that by the will of Jesse Reeves decd is devised to the sd. Jane Baker & after her death to her children - The petitioners respectfully show that the family of the sd. Robert & Jane is large and helpless and their means for their support is Small - That the Situation can be improved by removal to some of the Southern States - That in addition to the loss of the sale of a mere life estate in Land other state of more fertile soil & general Means (?) That their Situation makes it necessary for the sd Robt & Jane to Sell their interest in the sd. Land & to remove - That the sd. Lands are of such Small value that if they were in the actual possession of them said minor children, a partition of it amongst them would much impair its value & each portion would be insufficient for a settlement - That after they Shall have dispursed & removed to distant parts which has been necessary for their comfortable support, the sd. Land is of such small value as not to justify the expense & trouble of claiming their rights or disposing of their interest in realizing their interest - and their maintenance & education requires the immediate enjoyment of the value & interest of the said Land they therefore pray that the sd Lands may be sold on such regulations as this court may order & direct - they(?) as in duty bound will ever pray &c
                                                                                                  A Witcher for petitioners

North Carolina   }
Ashe County       }           The undersigned John Reeves & Solomon Stamper maketh oath they are acquainted with the Situation & value of the land mentioned in the foregoing disposition petition & of the Situation of the family of Robert Baker & they believe the facts set forth in the foregoing petition are true & that the interest of the petitioners will be promoted by the Sale of the Land as prayed for -
                                                                                                                      Jno. Reves
George Bower C.M.C.                                                                         Solomon Stamper

Spring Term 1840 - In Equity
This cause referred to Clerk & Master (?) to report on the truth of the allegations contained in the petition forthwith
To the Hon. Court of Equity for the County,
This cause having been referred to the undersigned for his report on the truth of the allegations contained in the petition, he reports & says that upon the evidence of John Reeves & Solomon Stamper he finds & so reports that the sd allegations are true April 3rd 1840.

In Equity - Spring Term 1840
This cause coming on to be heard on the petition, the proof and the report of the Clerk & Master (?) it is adjudged & decreed that John Reeves make sale of the said Lands on the premises, that a credit of one year be allowed the purchaser, that bond & sufficient Security be taken for the purchase money & that public notice of the Sale be given for Six weeks by advertisement in those public places previous to the Sale - that sd John Reeves execute deeds & make title for the Land the purchaser whenever the whole of the purchase money shall have been paid.

Source

Ashe County NC Estate File of Jesse Reeves, scanned original pages online at Family Search