Orphans Court Records

Kent Co. Delaware Orphans Court Records
1811


ELIJAH CONSELLOR:
Petition of Benjamin Conselor, 1811

To the Honorable the Chancellor of the State of Delaware, now sitting at Dover, in and for the County of Kent, as Judge of the Orphans' Court, this fourteenth day of August in the year of our Lord, one thousand eight hundred and eleven.

The petition of Benjamin Conselor, a minor son of Elijah Conselor late of Little Creek Hundred Humbly sheweth, that the said Elijah Conselor was seized in his demesne as of fee of and in a certain plantation, tract or parcel of land, containing about one hundred and eighty acres, with the appurtenances, situate in the hundred and county aforesaid, adjoining land of Joseph Farrow the heirs of Risdon Bishop and others which will yield an annual Rent of about one hundred & twenty dollars per year that being so thereof seized died, intestate leaving to survive him a widow and five children who are interested in the Rents and profits of said land agreeable to the intestate laws of this State, the your Petitioner has personal Estate to the amount of about one hundred and eighty dollars--that he is upwards of fourteen years of age and wishes to make choice of a Guardian He therefore prays your Honor to appoint his mother Hannah Conselor to be his Guardian agreeably to the directions of the act of Assembly in such case made and provided.
And your petitioner will pray, &c.
Benjamin (his mark) Conselor


State of Delaware, ff. Orphans' Court held at Dover, in and for Kent County, the fourteenth day of August one thousand eight hundred and eleven. Before the Honorable Nicholas Ridgely Esq. chancellor of the State of Delaware.

Upon the Application of Hannah Conselor Guardian to Benjamin Conselor a minor son of Elijah Conselor deceased, Andrew Naudain, Thomas Denny and William Knotts are appointed to go upon, view, and make a just Estimate of the annual Value of the said Minor's Lands and Plantations, what Dwelling-houses, Out-houses, Orchards, and Fences are upon the same, and what repair they are in; what Part of the said Lands the said Guardian may be further permitted to clear, as well to raise the annual Rent as towards her keeping the said Dwelling-houses, Out-houses, Orchards, and Fences in Repair, and so by her be left, always having Regard to leave a proportionable Part, both for Quantity and Quality, of uncleared land for the Benefit and Advantage of the said Minor when at Age, and to report their Proceedings to the next Orphans' Court to be held for said County of Kent. In Testimony whereof I have cause the Seal of Office to be hereunto affixed.
Joseph Harper, Clk


The freeholders must be qualified before they enter upon the duties assigned them in the above order, otherwise their Return will be Rejected, and make their Return in Dollars and Cents.

Joseph Harper, Clk State of Delaware
I do testify that Andrew Naudain, Thomas Denny and William Knotts Sen Kent County the Freeholders named in the within Order appeared before me the Subscriber one of the Justices of the peace in and for said County (unclear) day of February 1812 in (unclear) of Law.

(Signature unclear)

Agreeable to the above and annexed orders, We the subscribers being appointed by the Honorable Nicholas Ridgely Esquire Chancellor of the State of Delaware at an orphans' court held at Dover for Kent County in the said state on the Fourteenth day of August one thousand eight hundred and eleven after being severally sworn and affirmed by William Ruth Esquire on the nineteenth day of February Eighteen hundred & twelve--did go upon and view the Lands of Benjamin Conselor minor, son of Elijah Conselor Deceased Hannah Conselor Guardian and do make this our Just estimate of the annual value thereof viz. Thirty two Dollars, the Annual value thereof of the Land there are Twenty six Acres cleared, almost destitute of Fencing and but very Little timbered land, there are no Land to be cleared and no building nor orchard on said Land. We allow the cleared land to be put as land in two Fields one of which to be planted in corn in the spring and the same to be sown down with wheat in the fall yearly and every year and So we make our report as witnesse our hands this Nineteenth day of February A Domini Eighteen hundred & twelve--

Andw Naudain
Thos Denney


The heirs & Legal Rep of Elijah Conselor to Elijah Conselor


(1845) Order for petition of Elijah Conselor's land
Book P folio 461

To the Honorable the Orphans' Court of Kent County:

The Petition of Enoch Spruance respectfully represents, That by virtue of proceedings in this Court returned in the year 1812 the widow's dower in the real estate of a certain Elijah Consellor late of Little Creek Hundred in said county, who died intestate, was laid off and assigned to Hannah widow of the said intestate, and the residue equally divided amongst his children agreeably to law, as will more fully appear by reference to the return of the said proceedings recorded in Book G folio 129 et seq. That the part so laid off and assigned to the said widow as her dower contains sixty six acres and thirty three perches and seven tenths of a perch of land more or less, and is marked on the plot recorded on folio 129 afsd with the letters ABBC&D. That the said widow departed this life sometime in the year 1840. That the said intestate left to survive him at the time of his death five children as his heirs at law, viz: - 1st Jeremiah, 2nd Elijah, 3d Sarah, 4th Elizabeth, 5th Benjamin.

That the said Jeremiah died in the lifetime of his mother the said Hannah intestate and left to survive him as his heirs at law five children viz: 1st Hester, 2nd Elijah, 3d Hannah, 4th Harriet 5th Jeremiah; that the said Hester married, as her first husband, a certain Jesse Dean who died, and had by the said Jesse one child named Jeremiah, and after the death of the said Jesse she intermarried with and became the wife of a certain Elisha Durham, and afterwards in the year 1840 departed this life intestate leaving to survive her her said husband the said Elisha Durham and ten children besides the said Jeremiah, viz. 1st Joel, 2d Isaac, 3d Elijah, 4th John, 5th Elizabeth, 6th David, 7th Mary, 8th Hester, 9th Ann, 10th Clayton which last has since died under age, intestate and without issue leaving to survive him as his heirs at law his said brothers and sisters of the whole blood; that the said Elijah second child of the said Jeremiah as aforesaid is living; that the said Hannah third child of the said Jeremiah is also living and is the wife of a certain Perry Cork; that the said Harriet and Jeremiah the fourth and fifth children of the said Jeremiah both died under age, intestate and without issue.

That the said Elijah the aforesaid second child of the intestate aforesaid died about the year 1826 and after his death all and singular his interest in the said dower (the same being one undivided fifth part thereof) was sold at public vendue by the Sheriff of Kent County aforesaid and bought by your petitioner to whom a deed was duly made and executed by the said Sheriff.

That the said Sarah the aforesaid third child of the intestate aforesaid is living and is the widow of a certain Debrix Miller, and is unmarried.

That the said Elizabeth the aforesaid fourth child of the intestate aforesaid intermarried with a certain John Durham and died about the year 1815 leaving to survive her her said husband and three children, viz 1st Ezekiel 2d Enoch 3d Mary, which last has since died under age intestate and without issue.

That the said Benjamin the aforesaid fifth child of the intestate aforesaid in his lifetime sold all his interest in the said dower (the same being one undivided fifth part thereof) to the before named Debrix Miller, and afterward died; that since then said purchaser the said Debrix Miller has departed this life intestate leaving to survive him a widow the before named Sarah and six children, viz 1st Josiah, 2nd Elijah, 3d Rachel 4th Enoch 5th Robert 6th Maria; that the said Rachel is the wife of a certain Benjamin Greenage; that the said Maria intermarried with and became the wife of a certain Benjamin Hughes, and after the death of her father the said Debrix Miller, departed this life intestate leaving to survive her her husband the said Benjamin Hughes and two children, viz. John and Rachel.

That the interest of the above named parties in the said dower is as follows: that is to say, by dividing the same into five thousand nine hundred and forty parts, the said Jeremiah Dean is entitled to thirty six of those parts, and the said Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann Durham are each entitled to forty of those parts subject to the life estate of the said Elisha Durham the husband of the before named Hester decd. who was the mother of the said Jeremiah, Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann and the first child of the said Jeremiah Consellor, as tenant by the curtesy.

That the before named Elijah child of the before named Jeremiah Consellor is entitled to three hundred and ninety six of those parts.

That the before named Perry Cork and Hannah his wife which said Hannah was the third child of the before named Jeremiah Consellor is entitled in right of the said Hannah to three hundred and ninety six of those parts.

That your petitioner who purchased at Sheriff's sale, as aforesaid, the interest of the said Elijah Consellor who was the second child of the said intestate is entitled to one thousand one hundred and eighty eight of those parts.

That the said Sarah Miller widow as afsd. of the before named Debrix Miller, and third child of the said intestate is entitled to one thousand one hundred and eighty eight of those parts.

That the said Ezekiel and Enoch Durham children as aforesaid of the before named Elizabeth the deceased wife of the before named John Durham, the said Elizabeth being the fourth child of the said intestate are each entitled to five hundred and ninety four of those parts subject to the life estate of their father the said John Durham therein, as tenant by the curtesy.

That the said Josiah, Elijah, Enoch and Robert Miller, and the said Benjamin Greenage and Rachel his wife in right of the said Rachel, which said Josiah, Elijah, Enoch, Robert and Rachel are children of the before named Debrix Miller decd. who was the assignee of Benjamin Consellor who was the fifth child of the said intestate, are each entitled to one hundred and ninety eight of those parts subject to the dower therein of the said Sarah Miller widow as afsd. of the said Debrix Miller--and the said John and Rachel Hughes children as aforesaid of the before named Maria who was the wife of the before named Benjamin Hughes and the sixth child of the said Debrix Miller deceased, assignee as afsd. of the said Benjamin Counselor, are each entitled to ninety nine of those parts subject to the dower therein of the said Sarah Miller widow as afsd. of the said Debrix Miller and also to the life estate therein of their father the said Benjamin Hughes as tenant by the curtesy.

That the said dower has never been divided. Your petitioner therefore prays the Court to appoint freeholders to divide the same according to law &c.

And he will ever &c--
Enoch Spruance