petition

Petition to divide the Phillips property.

In the 1880 census of Tarboro, Edgecombe County, N.C.: minister H.C. Philips, 37, wife Emma, 34, and children Louisa, 12, Hood, 9, Walton, 6, and Cornelius, 3.

On 6 January 1887, Methodist minister H.C. Phillips united Charles Williamson, 21, and Clara Vick, 18, in marriage at the A.M.E. Zion Church in Wilson. Witnesses were S.H. Vick, H.C. Rountree, and Daniel Vick. This is the earliest marriage recorded in Wilson performed by Rev. Phillips.

On 23 January 1891, Henry Clay Phillips and Emma Elizabeth Moore Phillips obtained a $300 loan from Wilson Building & Loan Association, secured with a property on Green Street. A note on the mortgage deed shows the Phillipses paid off the loan in January 1897.

In the 1900 census of Wilson, Wilson County: Emma Phillips,  and sons Alonzo, 17, and William, 16. [Though Emma Phillips was listed as married, H.C. Phillips was not listed in the household. Records show that he continued to perform marriages in Wilson after the turn of the century and was named on a 1903 deed as a trustee of Saint Stephen’s A.M.E. Zion Church.]

Rev. Henry C. Phillips died circa 1907, probably in Wilson. As death certificates were not yet required by the State of North Carolina, and no cemetery ledgers survive for any of the African-American cemeteries active at the time, we have no firm record of his death.

In the 1908 Hill’s Wilson, N.C., city directory, Cornelius Phillips and Elizabeth Phillips are listed at 608 East Green Street.

In the 1910 census of Wilson, Wilson County: widow Elizabeth Phillips, 66, laundress; son Rhemus [Cornelius], 30, express office laborer, and daughter-in-law Sallie, 28, cook.

In the 1912 Hill’s Wilson, N.C., city directory, Alonzo, Cornelius and his wife Sallie, and Lizzie B. Phillips are listed at 608 East Green.

Emily [Emma] Elizabeth Phillips died 27 August 1918 in Wilson. Per her death certificate, she was born January 1845 in North Carolina; was the widow of H.C. Phillips; and was buried in Wilson County [likely, Vick Cemetery.] William Phillips was informant.

Eldest son Hood S. Phillips died in 1919. He and his brothers William, Cornelius, Alonzo R., and Walter Phillips held an undivided interest in the lot on Green Street, and his widow Phillis Gay Phillips claimed a dower interest in her husband’s share. As dividing the small property would not have benefitted anyone, a petition was filed and granted to sell the lot and divide the proceeds.

 

A supplemental petition to the Best heirs’ petition.

David Crocket Best et als. }      Supplemental Petition

Hillary Best et als.              }

To the Superior Court of Wilson County:

The petitioner herein, in  addition to the matters and things set forth in the foregoing petition, complain and allege:

That on the 25 day of October 1899, David Crocket Best and his wife Caroline Best, borrowed from C.J. Jones the sum of Ninety Three Dollars to enable them to complete the house now located on the lot described in paragraph 4 of the petition in this Cause, and on said day executed and delivered to him their Joint note for said amount and a mortgage securing the same, said mortgage being recorded in Book 53 on page 137, Wilson County Registry: That every cent of the $93.00 secured by said mortgage was expended on said house and was absolutely necessary before the said house could be occupied; that said expenditure was necessary and greatly improved the value of said lot; that there now remains unpaid on said note about $90.00; that David Crocket Best and Caroline Best purchased said lot and that they, together with Germima Best and George Best, deceased, are the only persons who have ever paid a cent either on the purchase price of the lot or for the improvements placed thereon since same was purchased; that neither of the defendants have ever paid any amount for said lot or toward making the improvements thereon and at the time said lot was purchased David Crocket Best and Caroline Best made the purchase and paid nearly all of the purchase price, but had the deed made, giving the remainder to Germima and George Best for the reason they helped pay a small amount thereon; that the petitioner desire that this mortgage debt be paid out of the proceeds of said sale, and that the purchase money, after deducting the costs of sale, he paid into the Clerks office, and that the Clerk pay out of said purchase price the Amount now due on said note and mortgage and hold the balance for reinvestment in real estate on like terms and conditions as the said lot, described in paragraph 4 of this complaint, is now held, upon proper petition in this court, filed for the purpose of reinvestment

Whereupon, Your petitioners pray in addition to the prayer set out in the petition herein, that the Commission who makes the sale shall pay into the Clerks office, after first deducting the cost of this proceeding, the purchase price for said lot and that the said Clerk pay off said note and interest and retain the balance of the purchase price until a suitable lot, at a reasonable purchase price, can be obtained and that the said fund be reinvested, upon proper petition being filed in this cause, in other real estate upon the same terms and conditions as the lot described in the petition is now held.

W.A. Finch, Atty for Petitioners

David Crocket Best and Germima Best, and after being duly sworn each for himself, deposes and says: that he has heard read the foregoing supplemental petition and that the same is true of his own knowledge, except as to those he believes it to be true.  David Crocket X Best, Jermima Best

Sworn to and subscribed before me this the 16 day of Feb, 1906  S.G. Newborn C.S.C.

Petition by the Best heirs to partition land, part 1.

North Carolina    }    Superior Court

Wilson County    }

David Crocket Best and Germima Best

vs.

William Best, Dennis Best, Frank Best, John Best, Angeline Best, Richard Best, and Mary Jane Best

Petition to sell land for partition.

To the Superior Court, Wilson County

The petitioners complain and allege:

  1. That on the 5 day of September, 1898, Joel P. Price and wife executed and delivered unto David Crocket Best and wife, Caroline Best, a deed conveying unto them a life estate in and to the lands hereinafter described, with remainder in fee to George Best and Germima Best and their heirs, said deed being recorded in book 49 on page 29 Wilson County Registry,
  2. That Caroline Best died during the year 1905; that George Best died during the year 1904, without issue, he never having married,
  3. That Germima Best, Hillary Best, Dennis Best, Frank Best, Richard Best, John Best, Angeline Best and Mary Jane Best are the only brothers and sisters of the said George Best, deceased, and as such are his heirs at law and are entitled to the interest of the said George Best deceased, in the lands hereinafter described; that all of said brothers and sisters are now living and all of them, except Germima Best, who resides in Wilson, N.C., are non residents of the State of North Carolina,
  4. That the petitioner, together with the defendants, are tenants in common, and are seized in fee simple and are now in the possession of that certain lot or parcel of land lying and being situate in the town of Wilson Wilson County, North Carolina, adjoining the lots of Jack Wells and others, and described as follows, to wit: Beginning at a point in the public road, leading from Wilson to Wiggins Mill, in Dr. Albert Anderson’s corner, thence South with said road 105 feet, thence east parallel with said Anderson’s line 105 feet, thence north parallel with said road 105 feet, cornering in Dr. Albert Anderson’s line, thence west with said Anderson’s line 105 feet to the beginning, containing one quarter of an acre, more or less, the same being situate in the east side of said road, and being the same land conveyed by Joel P. Price and wife to David Crocket Best and others by deed recorded in book 49 on page 29, Wilson County Registry,
  5. That the interest of the petitioners and the defendants in said land are as follows, viz: David Crocket Best is entitled to the whole of said land for life; Germima Best, in her own right, is entitled to one half, eight sixteenths, and as sister and heir of George Best, deceased, is entitled to one sixteenth, making her interest nine-sixteenths; that Hillory Best, Dennis Best, Frank Best, John Best, Richard Best, Angeline Best and Mary Jane Best, are each entitled to one-sixteenth, all of their interest being subject to the life estate of the said David Crocket Best,
  6. That all of the above named persons, both plaintiffs and defendants, are more than twenty one years of age,
  7. That the petitioners desire to hold their interest in said lands, or the process thereof, in severalty,
  8. That an actual partition of said lands cannot be made without injury to the parties interested, owing to the small quantity of land to which each would be entitled by a division,

Wherefore, the petitioners pray that the court will appoint some suitable person to sell said lands, after due advertisement, to the highest bidder for Cash, and report his proceedings in report to said sale within ten days after said sale into the office of the Court.   Jany 5 1906   W.A. Finch Atty for Petitioners

…

——

In the 1870 census of Saulston township, Wayne County: farm laborer Crocket Best, 35; wife Caroline, 30; children Hilry, 12, Dennis, 10, Frank, 8, Anjaline, 6, John, 4, and Richard, 6 months; plus Milley, 20, and Bedy Best, 17.

In the 1880 census of New Hope township, Wayne County: farmer Crocket Best, 44; wife Caroline, 42; children Dennis, 20, Franklin, 18, Angeline, 15, John, 12, Richard, 9, Rachel, 6, Mary, 4, and Jamimie, 1; and aunt Rachel Best, 80.

In the 1900 census of Wilson township, Wilson County: carpenter Crocket Best, 64; wife Caroline, 62; daughter Mary, 23; and granddaughters Elizabeth, 2, and Loretta, 8.

In the 1910 census of Wilson, Wilson County: widower Crocket Best, 87; daughter Mamie, 30, cook; grandson Buster B., 5; and Bennett Stanton, 47.

Deans vs. the Jones heirs: the peril of heir property, illustrated.

A lawsuit P.B. Deans filed against the heirs of Willis Jones illustrates the peril of heir property. Jones died without a will, leaving his land to pass collectively to his many children. Five sons — Noel, Henry, Alexander, Willis K., and Payton Jones — sold their one-tenth shares to Patrick B. Deans, a white farmer on the climb. With a claim to half the total shares, Deans successfully petitioned Wilson County Superior Court to force the sale of the property — and push any remaining Joneses off the land.

——

P.B. Deans vs. Shade Jones; Essick Barnes & wife Thany Barnes; Kingsbury Taylor & wife Charity Taylor; Josiah Jones; the heirs at law of Jacob Jones, to wit John Harry Jones, Jesse Jones & wife Eliza; Joseph Powell & wife Charity; Stephen Jones’ heirs, to wit Tempsie Ann, Susan & Maggie; Nathan Jones & wife Diana; Millie Ann, Nancy, and Josiah Jones Jr.

North Carolina, Wilson County} In the Superior Court

To the Honorable, the Superior Court,  The petition of P.B. Deans respectfully showeth unto the court that he with the defendants are tenants in common of a tract of land in Old Fields township County and state aforesaid adjoining the land of the late Gray Lodge, H.J. Deans, Stephen Deans, Mary E. Deans, and B.G. Simpson known as the Thaney Jones land containing the 99 acres more or less

That by reason of the purchase of and the shares of Noel Jones, Henry Jones, Alex Jones, W.K. Jones, and P.A. Jones, he is entitled to 5/10 of said land and the defendants to the other 5/10

That by reason of the seize and situation of the said land and the and the number of shares into which it is to be divided actual partition cannot be made without injury to some of those entitled to share in the same except by sale

That of Jacob Jones’ children, Nancy, Milly and Josiah are infants; and Susan, Tempie and Maggie Jones, children of Stephen Thomas Jones, without any Guardian. That Josiah Jones is resident of South Carolina when last heard from and Kingsberry Taylor and wife Charity are residents of the state of Indiana when last heard from.

The petition therefore prays the Court to appoint a suitable person Guardian ad litem for the infant defendants named to plead answer on demur to the complaint in their behalf and that service be made upon the non residents by publication and for order of sale to me made by a commission to be appointed by the court authorized and empowered to sell convey and distribute proceeds according a further order.

And as in duty bound &c, Geo. W. Blount for Plaintiff   Jul 3 1883

Wilson [County, North Carolina] Probate Estate Case Files 1854-1899, http://www.familysearch.org

Water and sewer for every home.

Petition of Dr. Anderson’s and List of Signers Asking for Water and Sewer to be in Every Home.

To the Honorable, the Board of Aldermen of the Town of Wilson:

We, the undersigned citizens of the town of Wilson, respectfully petition your honorable Board:

1st. That the town of Wilson put water and sewer in every house in the town; because, it is the safest and best sanitary measure known at this time; and we want nothing but the best.

2nd. It is the only plan whereby the town will receive immediate return from water rent to pay all interest on the debt and ultimately the debt.

3rd. That the town buy material and install at cost, the consumer to pay cash when installation is complete, as is now being done in the case of gas.

4th. We protest against in surface closets because they do not give protection to the people, with open wells, all, or nearly all of which have been found to be polluted. It is a mere makeshift and will prove in the end a very expensive proposition. It will costs between Six and Seven Thousand Dollars to install them and Four Thousand Dollars per year to keep them up. This is more than enough to pay interest on sufficient bonds to put in water and sewer.

5th. It will cost approximately $75,000.00 to put it in 1300 closets; interest on that amount at 5 per cent is $3750. The water rent will be $13,000.00. Deduct from this the interest and we have $9250.00 left each year to pay for the upkeep and the other expenses of the plant and to pay on the debt.

6th. These people referred to below pay taxes but have not the fire protection to which they are entitled.

The following are signators:

…

… F.S. Hargrave, Dr. M.S. Gilliam, L.A. Moore, Dr. W.A. Mitchener, C.L. Darden, Jno. H. Clark, Chas. T. Jones, Jno. M. Barnes, A.N. Darden, J.F. Barnes, H.H. Barnes, J.W. Rodgers, D.C. Yancey, G.H. Edmundson, L.V. Arrington, Rev. H.B. Taylor, Chas. S. Thomas, W.P. Evans, B.R. Winstead, M.D. Cameron, W.H. Phillips, G.L. Brooks, W.H. Kittrell, C.A. Crawford, Rev. B.P. Coward, Dr. E.L. Reid, Richmond Pender, G.W. Joyner, J.Z. Staton, W. Pitts, Jno. Cherry, J.J. Langley, W.S. Langley, H.G. Staton, E.S. Hargrave, Jas. Thomas, L.H. Peacock, J.T. Teachie, J.D. Reid, Henry Tart, S.H. Vick, Ernest Winn.

Wilson Daily Times, 27 March 1917.

Transcription courtesy of J. Robert Boykin III.

The last will and testament of Trial Williamson.

Trial Williamson, born about 1805, is likely the “Trion” mentioned in the 1829 will of Hardy Williamson and is certainly the “Trial” mentioned in the 1858 estate records of Hardy H. Williamson. His blood relationship to other enslaved people held by the Williamsons is unknown.

Trial Williamson dictated his will in April 1878 and died the next month.

——

In the name of God Amen! I Tryal Williamson do make and declare this my last will and testament as follows:

Item 1 I give and devise to my wife Rosetta the lands whereon I now live during her natural life or widowhood and at her death or marriage to be equally divided between my daughter Mary wife of John Boykin and my daughter Cherry wife of Daniel Hocutt during their lives and at their deaths to be equally divided between the children of each; that is the children of Mary to have one half and the children of Cherry to have the other half the said lands to be free from the control of their respective husbands John Boykin and Daniel Hocutt.

Item 2 I give and bequeath to my said wife my mare one ox all the hogs bacon and corn & fodder of which I may die possessed. Also all my kitchen and household furniture and farming implements.

Item 3 It is further my will and desire that my cattle one mule colt bees and any other property that my wife does not want be sold and the proceeds of said sale with whatever money I may have at my death be used by my wife for her sole benefit and use the interest to be used by here whenever she needs it.

Item 4 I hereby constitute and appoint my wife Rosetta executrix to this my last will and testament

Signed and declared my last will and testament This 6 day of April 1878    Tryal (X) Williamson

Witness J.M. Taylor, A.S.J. Taylor

——

In 1866, Trial Williams [sic] and Roseta Williams registered their 17-year cohabitation with a Wilson County justice of the peace.

In the 1870 census of Springhill township, Wilson County: farm laborer Trial Williamson, 65; wife Rose, 60; and daughters Mary, 21, and Cherry, 19.

On 18 September 1874, Cherry Williamson, 19, married Danl. Hocutt, 24, in Wilson.

In the 1880 census of Springhill township, Wilson County: farmer John Boykin, 42; wife Mary, 29; and children Dock, 19, and Dick, 15 (both sick with whooping cough), Turner, 7, Troy, 5, Betty, 3, and John, 1. [Per the 1870 census, Zadoc and Richard — Dock and Dick — were John’s children.] Next door, widowed farmer Rose Williamson, 68.

In the 1880 census of Springhill township, Wilson County: farmer Daniel Hocutt, 30; wife Cherry, 29; and children Jiney, 4, James T., 3, and Tilda An, 1.

Rose Williamson died in 1891. Ishmael Wilder was appointed administrator of her estate. Her meager household goods, purchased by friends and family, netted less than nine dollars.


Handy Atkinson, John Boykin, and Spencer Shaw were among the purchasers at Rosetta Williamson’s estate sale.

Per the terms of Trial Williamson’s will, at Rosetta Williamson’s death, the family farm passed in equal shares to their daughters Mary Williamson Boykin and Cherry Williamson Hocutt.

In 1902, by their attorney W.A. Finch, Cherry Hocutt and her heirs filed a Petition to Sell Real Estate for Division, Including Infants Interest. In a nutshell: (1) Trial Williamson died in 1878 and left a will with the above provision; (2) before Trial died, his land was divided, and the halves were allotted to his daughters; (3) after Rosetta Williamson died about 1891, Cherry Hocutt took full possession of her half; (4) Cherry Hocutt is now 49 years old and has these living children — J.A. Hocutt, age 27, J.T. Hocutt, age 25, M.A. Hocutt, age 22, Ben Hocutt, age 20, Settles Hocutt, age 17, Ida E. Hocutt, age 15, Willie J. Hocutt, age 14, and Lenore Savannah Hocutt, age 12 — and no grandchildren; (5) B.A. Scott has been appointed to represent the interests of the minor children; (6) the Hocutts are tenants in common on their half of Trial Williamson’s 23 1/2 acres in Spring Hill township; (7) in 1889, Daniel and Cherry Hocutt and their children migrated to [Cotton Plant,] Tippah County, Mississippi; (8) the Hocutts wish to sell their half because they “derive no benefit whatever” from it, are too far away to look after it, derive no net income from renting it out, and “the land is hilly and badly washed” and getting worse; and (9) the land is too small to divide among them.

The Superior Court approved the sale, it was advertised, and J.T. Rentfrow was high bidder at $500. Rentfrow promptly filed to partition his property from the half held by Mary Boykin and her heirs — Turner Boykin and wife; Laura Boykin; William Boykin and wife; Cora Boykin; Bettie Boykin; John Connor Boykin; Minerva Boykin; Sarah Boykin; James Boykin and wife; Ella Boykin; Buck Boykin; and Lizzie Boykin. Turner, Laura and John Connor Boykin no longer lived in North Carolina.

The court ordered this survey, then approved the partition as platted:

Estate Records of Trial Williamson, North Carolina Wills and Probate Records, 1665-1998 [database on-line], http://www.ancestry.com; Estate File of Rose Williamson, Estate File of Trial Williamson, North Carolina Estate Files, 1663-1979, http://www.familysearch.org.