Estate of James Haywood

North Carolina ) Court of Pleas & Quarter . . .

Montgomery County ) Oct. Term 1862

To the Worshipful the Justices of said Court:

The petition of James Haywood Administrator of James Haywood, Sr. respectfully shows your worships that his is Administrator of the estate of James Haywood, Sr., who died in Montgomery County leaving him surviving the following heirs viz Elizabeth Haywood, Isaiah Haywood, William R. Haywood and wife Nancy, James D. Haywood and wife Dicy, and Benjamin Haywood and Richardson Haywood, non residents. Your petitioner further shows that the personal estate amounts to about $160. The indebtedness of the estate is about four or five hundred dollars and the expense of administration will be about seventy dollars.

Your petitioner further shows that his said intestate died seized & possessed of a tract of land in said county on Little River joining the Morrison land & others, containing 200 acres subject to the widow's dower: that said land is worth about $2 per acre: your petitioner further shows that it will be necessary to sell this land together with the reversionary interest in the widow's dower for the payment of debts: your petitioner therefore prays your worships that he may have an order to sale said lands on such terms as may seem proper to the court: and that the proceeds of the sale may be made assets in his hands for the payment of debts, and if there be any surplus that it be applied in due course of distribution under order of this court.

May it please your worships to order the State's writ of subpoena to issue together with a copy of this petition commanding Elizabeth Haywood, . . . Haywood, William R. Haywood & wife Nancy, James D. Haywood & wife Dicy, and that publication be made as to Bemjamin Haywood & Richardson Haywood commanding them to be and appear at the next term of this court and show cause if any they had why the prayer of this petition should not be granted and for further relief your petitioner will ever pray.

(signed)

McDonald Atty for Petitioner

North Carolina )

Montgomery County )

James Haywood Administrator takes oath that the facts set forth in the foregoing petition as of his own knowledge are true and the rest he believes to be true.

Sworn to and subscribed before me this the 8th day of Oct 1862

(signed)

James Haywood (seal)

1. Please cite as "Notes and Files of James Alan Flynt." Note some grammatical, and spelling corrections may have been made by the author. Also note that some text may be organized for easier reading and/or analysis.