Estate of James Haywood⁽²⁾

North Carolina ) Court of Probate

Montgomery County ) March 1869

To the Honorable . . . Judge of said Court:

The Petition of James Haywood administrator of James Haywood, Sr. deceased respectfully shows unto your honor that he qualified as administrator of the said James Haywood, Sr. at Term 186. . . of this court. Your petitioner further shows that from the best information he has been able to obtain the debts due from the deceased amount to about five hundred dollars, and he is of opinion that charges of administration will amount to seventy-five dollars. Your . . . would further show that the personal estate of the intestate according to the best of his judgment will amount to about two hundred dollars. Your petitioner further showeth that the intestate at the time of his death was seized and possessed of one hundred acres of land, subject to the widow's dower, situate in said county on Little River joining the lands of William R. Haywood & others, of the value of the one hundred dollars, that he owned no other real property, and that said land upon his death descended to his children Benjamin Haywood⁽³⁾ & Richardson Haywood⁽⁴⁾ (non residents), James D. Haywood⁽⁵⁾ & Dicy his wife, W.R. Haywood⁽⁶⁾ and wife Nancy, and Benjamin Haywood⁽⁷⁾ & W.R. Haywood⁽⁸⁾ minor heirs of Isaiah Haywood,⁽⁹⁾ deceased; and Malinda Haywood⁽¹⁰⁾ infant daughter of Elizabeth Haywood⁽¹¹⁾ deceased and without guardians, subject, however, to the widows dower, which has been already allotted to her. Your petitioner further showeth that a sale of the whole of said land, subject to the widows dower, is necessary to enable him to pay the debts of his intestate, and the charges of the administration.

To the end, therefore, that said tract of land (with the exception of the widow's dower) may be sold by your petitioner under a decree of the Court upon such terms as your worships may direct, and that the proceeds of the sale may constitute assets in his hands for the payment of debts and charges of administration.

May it please your worships to cause a subpoena, with copy of this petition, to be issued against the said James D. Haywood and wife Dicy, William R. Haywood & wife Nancy. That guardian ad litem be appointed for Benji F. Haywood, William R. Haywood and Malinda Haywood minors; and that publication be made for Benjamin Haywood and Richard Haywood non residents . . . them to be and appear at the next term of this court and plead answer or demurrer, and your petitioner will ever pray-

(signed)

McDonald atty for Petitioner

Sworn to and subscribed, in open court

this 16 day of March 1869

(signed)

James Haywood

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.

2. James Haywood (Abt. 1793), child of Byrd Haywood

3. Benjamin Haywood (1818), child of James Haywood

4. Richardson Haywood (1833), child of James Haywood

5. James D. Haywood (Abt. 1824), child of James Haywood

6. William Riley Haywood (Abt. 1828), child of James Haywood

7. Benjamin Haywood (Abt. 1861), child of Isiah Haywood and Harriet A. Parker

8. William R Haywood (Abt. 1858), child of Isiah Haywood and Harriet Parker

9. Isaiah Haywood (1829), child of James Haywood

10. Malinda Haywood, child of Elizabeth Haywood

11. Elizabeth Haywood (1818), child of James Haywood