Jesse Dean
Orphans Court Records
Kent County, Delaware
1869-1870

Book A-2: page 244
JESSE DEANS LAND: PETITION: For Dower and Partition

To the Honorable Orphan's Court of the State of Delaware in and for Kent County.

The petition of Robert Dean and Enoch Dean Respectifully represents: That Jesse Dean late of Little Creek Hundred, Kent County and state of Delaware departed this life intestate in the month of November A.D. 1868 seised in his {unclear} as of fee of and in the following described lands, to wit: A lot, piece or parcel of ground Situate in Little Creek Hundred, Kent County and State of Delaware on the state road from Dover to Smyrna bounded by the lands of David Boggs and William Wilkins and the said was Containing about six acres more or less. That the intestate left to survive him a widow named Hester and Eight children, to wit: Robert and Enoch Dean your petitioners, Mary now the wife of WILLIAM CAMBRIDGE, Rebecca now the wife of JOHN KIMMEY, Martha now the wife of JOHN SAUNDERS, Caroline now the wife of Isiah (Josiah?) MUNTZ, Lydia now the wife of JOHN COTT and Letitia now the wife of SLAYTON RIDGEWAY and Josiah, Ellen and Mary Dean, children of William Dean, deceased .
Book A-2: page 301
JESSE DEANS LAND: Sept. AD 1869 Pet. in Dower & Partition

The Freeholders appointed by this Court in Vacation to wit: on the 10th day of September A.D. 1869 to assign Dower to the widow of the above named Intestate and {unclear} partition of the residue of his lands and tenements among his heirs at law make return of his proceedings under the order granted at the time to the present term of the {unclear} as follows:

ORDER:
Hereupon it is considered and ordered by the court that Joseph Moore, James S. Moore, David Boggs, George Boyer and Elihu Jefferson five judicious and substantial freeholders of Kent County aforesaid do go the lands, tenements and {unclear} aforesaid to wit: a lot, piece and parcel of land situate in Little creek Hundred, Kent County and state of Delaware on the State Road from Dover to Smyrna bounded by lands of David Boggs and William Williams and the said road containing about six acres more or less.

And with the assistance of a skillful and impartial surveyor by them the said freeholders to be nominated and appointed lay off and assign one equal third part of the said lands and tenements to the said Hester Dean widow of the said intestate to be held for her and during her natural life as and for her dower therein, and that they divide the Residue of said lands and tenements into nine equal parts of shares and that they assign one of those parts or shares to the said Robert Dean to be held by him his heirs and assigns in {unclear}, that they assign one of those parts or shares to the said Enoch Dean to be held by him his heirs and assigns in {unclear}, that they assign one of those parts or shares to the said William Cambridge and Mary his wife in her right to be held by them and the heirs and assigns of the said Mary in severalty forever, that they assign one other of those parts or shares to the said John Kimmey and Rebecca his wife in her right to be held by them and the heirs and assigns of the said Rebecca in severalty forever , that they assign one other of those parts or shares to the said John Saunders and Martha his wife in her right to be held by them and the heirs and assigns of the said Martha in severalty forever, that they assign one other of those parts or shares to the said Josiah Muntz and Caroline his wife in her right to be held by them and the heirs and assigns of the said Caroline in severalty forever, that they assign one other of those parts or shares to the said John Cott Jr. and Lidia his wife in her right to be held by them and the heirs and assigns of the said Lydia in severalty forever, and that they assign one other of those parts or shares to the said Slayton Ridgeway and Lettitia his wife in her right to be held by them and the heirs and assigns of the said Lettitia in severalty forever , and that they assign one other of those parts or shares to the said Josiah, Ellen and Mary Dean to be held by them their heirs and assigns is

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Book A-2: page 302
JESSE DEANS LAND: Sept. AD 1869 Pet. in Dower & Partition

ORDER:
And it is ordered by the Court that if the freeholders before named or a majority of them shall be of the opinion the said Residue of the said lands and tenements or here {unclear} cannot be divided among the heirs aforesaid of the said intestate without detriment to the said parties then that they make no division thereof but appraise the same at the true value thereof in money and in case the said freeholders or a majority of them shall be of the opinion that no division of the residue of the said lands, tenements or hereditments can be made without detriment to the parties then it is ordered by the court that they shall, after assigning the dower and appraising the residue as before directed, also appraise the whole of said lands, tenements and hereditments at the true value thereof in money and make thereof, showing the part assigned for dower the aforesaid value of the residue and also the appraised value of the whole, and if the partition shall not have been made of the residue of said lands, tenements and hereditments, as herein before prescribed, because of the opinion of the said freeholders or a mojority of them, that the same could not be made without detriment to the parties then that the said freeholders certify in said return such opinion, as well as their proceeding thereupon.

And it is ordered by the court that the said Joseph Moore, James S. Moore, David Boggs, George Boyer and Elihu Jefferson and the surveyor nominated by them before they enter upon the said lands, tenements and hereditments for the purpose of executing this order, be {unclear} or affirmed before the chancellor and Judge of this State, or any Justice of the Peace for either county of the State or by the Mayor of the City of Wilmington, or by either of the said freeholders, the said freeholders to perform the duties incumbent upon them according to the said order, and the surveyor to perform the service to which he is called faithfully and impartially, according to the best of their skill or judgement respectively; and the said freeholders, or any three of them agreeing hereby ordered to make a return of their proceedings accompanying this order to the next Orphans Court to be held at Dover in Kent County aforesaid.

In testimony whereof I have caused the seal of the Court to be hereunto affixed

A. J. Taylor, clerk

Book A-2: page 419
RETURN OF SALE: March (?) A.D. 1870

Joseph P. {unclear} Esq. trustee appointed at the September term of this Court AD 1869 to affect the sale of the residue of the above named intestate- made return of the order granted at that time, with his proceeding under the same to the present term of the Court; as follows to wit:

ORDER:
And more to wit, this 30th day of September AD 1869, the above petition being read and considered by the Court. It is thereupon ordered by the Court that the said lands, tenements and hereditments which were of the said Jesse Dean deceased, the intestate, as returned by the freeholders viz: a lot or parcel of land situated on the road leading from Dover to Smyrna in Little Creek Hundred, Kent Count and state of Delaware adjoining the lands of John Emerson, of William Williams, of David Boggs and that first of these premised laid off as dower, containing according to {unclear} accompanying the return of the freeholders seven acres of land more or less and designated as {unclear} as residue be sold at Public Auction on {unclear} to the highest and best bidders or bidders for same. And that Joseph P. {unclear} Esq. be and he is hereby appointed trustee to affect said sale who is hereby authorized and empowered by the Court to sell the same at public auction or {unclear}to the highest and best bidders for the same. And it is ordered by the Court that the Clerk of this Court make ten advertisements printed or in writing to signify and give notice of said sale and of the day, hour and place when and where the said sale will be made and what lands and tenements are to be sold and where they lie and where the said sale will be made and what lands and tenements are to be sold and where they lie and the quantity thereof. And that the purchaser or purchasers thereof be and appear at the next Orphans Court to be held at dover in and for Kent County aforesaid and the said Court may assign to the purchaser or purchasers the premises sold to him, her or them persuant to this order, he, she or they paying to the parties entitled their just and proportionable shares of the purchase money respectively; or with sufficient surety or sureties to be approved by the Court, entering into recognizance to be taken and acknowledged in said Court to the State in a final sum to be determined by the Court with condition to pay the parties entitled annually or their {unclear} executors, administrators or assigns their and each of their proportionable shares of said purchase money respectively with interest from such time as the said Court shall determine, in such manner and time as may by the direction of said Court be {unclear} and appointed on said conditions...

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Book A-2: page 427
RETURN OF SALE: March (?) A.D. 1870

{damaged} in this Court that at the said sale your petitioner became the purchaser of the said residue at the sum of four hundred and fifty dollars that the said sale has been duly approved and confirmed by the Court at the present term. That he desires the Court to order the said lands, as aforesaid purchased by him to be assigned to him agreeably to the Act if the General Assembly in such case is {unclear} by the said Act and which he is prepared to do. He therefore prays the Court to order said assigmnet. And he will ever pray {unclear}

ROBERT x DEAN
(signed with his mark)
March Term A.D. 1870
Witness: Joseph P. Conigge (?)

ASSIGNMENT:
Whereupon it is ordered adjudged and decreed by the Court that the said Robert Dean do have and hold to him the said Robert Dean, his heirs and assigns forever. The whole of the lands, tenements of the said intestate, which is decided in the order for sale and in the {unclear} accompanying the return of the freeholders. And that the said Robert Dean enter into recognizance with sufficient surety to pay the parties entitled {unclear} or to their respective executors, administrators or assigns their respective just and proportionable shares of the purchase of said lands and tenements (after deducting one hundred and thirty dollars and fort {uncler} cents cost) with the interest from the 30th day of March A.D. 1870 the said Robert Dean and Richard {unclear} both of Mispillion Hundred and Kent County and State of Delaware personally came here into open Orphans Court the 30th day of March 1870 and enter into recognizance in the final sum of three hundred and forty dollars and eight two cents as prescribed by the Court, as more fully appears by reference to the recognizance docket - Vol. 2, page 214

A. P. Taylor, clerk
March term A.D. 1870