State of North Carolina § Court of Pleas & Quarter Sessions
Wake County § November Sessions AD 1840
To the worshipful the Justices of the Court of Pleas and Quarter sessions for said County.
The petition of David Geer, William Geer, Elizabeth Sutherland, Philip Alston & wife Sarah, James N. Patterson & wife Lucy, John Barbee & wife Sally, Alvin Hailey & wife Patsey, Jane Roberts, Wm. B. Roberts and Richard Roberts.
Jesse Geer and Frederick Geer Executors of Frederick Geer deceased and Winnefred Roberts, David Roberts, Susan Roberts and Willis Roberts who are infants without guardian -
Humbly complaining showeth unto your worships, that some time in the year AD the late Frederick Geer of this county departed this life having first duly made and published a last will and testament which has been proven and admitted to record in this worshipful court - a copy of which is herewith filed and prayed to be taken as a part of this Petition - and your Petitioners further show that the defendants Jesse Geer and Frederick Geer the Executors appointed by said will qualified as such - That in the following clause of said will (to wit) three 3rd "All the balance of my negroes which may remain at my death I wish to be equally divided between David Geer, William Geer, Jesse B. Geer, Elizabeth Sutherland, Sarah Alston, Lucy H. Patterson and the lawful heirs of Patsey Roberts and the remainder of my property not otherwise disposed of to be sold and equally divided amongst my lawful heirs." There are a good many of said negro slaves now in the possession of the Executors aforesaid who are willing that they shall be divided according to said will and the laws of the state in such cases made & provided, as their Testator was not much indebted - your Petitioners further show that the defendants Winnefred, David, Susan and Willis Roberts are under lawful age & without a Guardian & pray your worship to appoint some person Guardian pendente lite for them to protect their interest in this suit - your Petitioners are advised that they and defendants are Tenants in Common of the balance of the said negro slaves - and are anxious to have said Tenancy in Common severed, so as each to have and hold his share in severatly. They therefore pray your Worships to appoint commissioners whose duty it shall be to divide said slaves unto seven equal shares and that they as a majority of them divide them according to the provision of said will & the acts of assembly in such cases made & provided and report their proceedings in the premises under their hands & seals to the next court - And your Petitioners pray for such other & further relief as the nature of this case requires
Geo W. Hagwood