Sussex County Delaware Orphans Court Records
(much thanks to Sterling Street for providing copies of these records!!!!)
At an Orphans Court held at Georgetown in and for the County of Sussex, the twenty eighth day of December in the year of our Lord one thousand eight hundred and eighty one before Hon'l Edward Wootten (sp?) Judge, composing the Orphans Court in and for the County aforesaid upon the application of Elizabeth P. Johnson and William A. Johnson it is presented to the Court that Warren Wright late of the county aforesaid deceased, died intestate on or about the (blank) day of November in the year of our Lord one thousand eight hundred and sixty five being seize in his demesne as of fee of two tracts, pieces or parcels of land situate in Lewes and Rehoboth Hundred to wit: No. One adjoining lands of Harbison Hickman and Elisha Wright and containing sixteen acres (16) more or less. And No. Two A tract adjoining lands of William Dill and George W. Johnson and containing Ten (10)acres more or less.
That the said Warren Wright left to survive him a widow named Maria Wright and thirteen children to wit: 1. Philip Wright 2. Elisha Wright 3. Joseph Wright 4. Levin Wright 5. David Wright 6.Ann (now the wife of Paynter Harman) 7. Nicey (now the wife of Ephraim Harman) 8. Mary Perkins 9. Sarah (now the wife of Whittington Clark) 10. Louisa Wright 11. Hetty Drain 12. Elizabeth (your petitioner now the wife of William A. Johnson) and 13. Walter Wright. That the said Walter Wright is since deceased leaving to survive him a widow named Matilda now Matilda Waters and two children to wit: Joseph Wright and Elizabeth Wright .
That the said Maria Wright widow of the said Warren Wright died on the 18th Oct. 1881. That of said deceaseds Real Estate it belongs to Philip Wright, Elisha Wright, Joseph Wright, Levin Wright, David Wright, Ann Harman wife of Paynter Harman, Nicey Harman wife of Ephraim Harman, Mary Perkins, Sarah Clark wife of Whittington Clark, Louisa Wright, Hetty Drain, Elizabeth P. wife of William A. Johnson, each to have two shares and to Joseph Wright and Elizabeth Wright, minor children of Walter Wright, dec'd, each to have one share the same into twenty six equal shares to be divided.
And the said Elizabeth P. Johnson & William A. Johnson by their petition, prayed the Court to appoint five sufficient freeholders of the county aforesaid to go upon the lands, tenements and hereditaments of the said Warren Wright deceased and divide said deceaseds Real Estate equally among the children and grandchildren of said intestate according to the directions, true intents and meaning of the acts of the General Assembly in such case made and provided.
Whereupon it is considered and ordered by the Court that William P. Jones, Henry Wolfe, Thomas Turner, Thomas Walker and Joseph Virden five judicious and substantial freeholders, being first sworn or affirmed, and taking with them a skillful and impartial Surveyor, by them to be nominated, and to be qualified upon his solemn oath or affirmation do go to the said lands, tenements and hereditaments of the said intestate Warren Wright dec'd and divide the same into thirteen equal parts or shares, respect being had to the true value of said land, tenements and hereditaments, and after the division thus made, they assign that one of such shares to Philip Wright, one other of such shares to Elisha Wright, one other of such shares to Joseph Wright, one other of such shares to Levin Wright, one other of such shares to David Wright, one other of such shares to Ann Harman wife of Paynter Harman, one other of such shares to Nicey Harman wife of Ephraim Harman, one other of such shares to Mary Perkins, one other of such shares to Sarah Clark wife of Whittington, onesother of such shares to Louisa Wright, one other of such shares to Hetty Drain, one other of such shares to Elizabeth P. Johnson wife of William A. Johnson and the remaining one other of such shares to the issue of Walter Wright, dec'd, viz. Joseph Wright and Elizabeth Wright minors.
And the freeholders are further ordered to subdivide the share which may be assigned to the issue of Walter Wright deceased, as aforesaid, the son of the intestate, equally among said Joseph Wright and Elizabeth Wright but if the said freeholders or a majority of them are of the opinion that the said last mentioned shares cannot be divided as is thus prescribed without detriment to the parties, then they shall make no subdivision, but shall appraise the whole thereof at its true value in money. And it is ordered the the Court that if the said freeholders or a majorty of them shall be of the opinion that the said lands, tenements, hereditaments cannot be divided into the number of primary shares directed without detriment to the parties, then they shall make no division but shall appraise the said whole of said real estate at its true value in money. And it is further ordered by the Court that the said freeholders or a majority of them do make return of their proceedings hereupon to the next Orphans Court to be held at Georgetown, in and for Sussex County, duly certified under their hands with such draughts annexed thereto as they many have required, and if partition shall not have been made as prescribed by this order, because of the opinions of the said freeholders or a majority of them that the same could not be made with detriment to the parties, such opinion as well as the proceedings thereupon shall be certified in the return.
(signed) Philip C. Pennel
Clerk Orphans Court.
(the documents include a map of the two tracts of land surveyed)