KENT COUNTY, SS.
At an Orphan’s Court of the State of Delaware, held at Dover, in and for Kent County, on the 28th day of September in the year of our Lord one thousand eight hundred and fifty eight before The Honorable Samuel M. Harrington and the Honorable John W. Houston Judges of the said Court, the petition of Isaac Sutton of Christiana New Castle County, was, the day and year aforesaid, preferred to the Court, the substance whereof appears to be, That John Viney free negro late of Duck Creek hundred, in the county aforesaid, died intestate, in the year of our Lord one thousand eight hundred and forty seven being seized in his demesne as of fee, of and in the following lands and tenements, viz: All that piece or parcel of land Situated in Duck Creek Hundred Kent County aforesaid adjoining lands of this petitioner James W. Mitchel, James Bacon and other land. Containing Seven acres more or less. That the said John Viney left to survive him at the time of his death seven children who stand in point of priority as follows Viz Henry Viney, John Viney, Elijah Viney, Rachel Viney, Margaret Ann Viney, Sabina Viney and Sarah Viney his only heirs at law and to whom the before described lands descended. That Since the death of the said John Viney, the intestate, his second son John Viney and Elizabeth his wife by their deed of bargain and Sale dated the 19th day of December A.D. 1857, and herewith exhibited, Sold and Conveyed all the right Share and interest of the said John Viney in and to the said land to the petitioner Isaac Sutton, then a resident of Duck Creek hundred aforesaid. That as has been shown, the petitioner as aforesaid, the said Henry Viney, Elijah Viney, Rachel Viney, Margaret Ann Viney, Sabina Viney and Sarah Viney are each entitled to one equal undivided seventh part thereof.
That said land is held as aforesaid without partition. That the petitioner is desirous of a partition being made thereof. And the said Isaac Sutton by his said petition prays the said Court to appoint five judicious and substantial freeholders, of Kent County aforesaid, to go upon the lands and premises aforesaid, for that purpose, agreeably to the Acts of the General Assembly in such case made and provided.
Thereupon It is considered and ORDERED BY THE COURT, That Timothy C. Palmatory, Peter S. Collins, Jacob R. Allee Isaac Short and James C. Robinson five judicious and substantial freeholders of Kent County aforesaid, do go to lands, tenements and hereditaments aforesaid, to wit: All that piece or parcel of land situated in Duck Cree hundred Kent County aforesaid adjoining land of the petitioner, James W. Mitchell James Bacon and the other land containing seven acres more or less. And with the assistance of a skillful and impartial Surveyor, by them the said freeholders to be nominated and appointed make Partition thereof into seven equal parts or shares and that they the said freeholders assign one of these parts to the said Henry Viney to be held by him the said Henry Viney and his heirs, in Severalty; one other of these parts to the said Isaac Sutton assignee of John Viney and Elizabeth his wife, to be held by him the said Isaac Sutton assignee as aforesaid, and his heirs, in severalty; one other of these parts to the said Elijah Viney, to be held by him the Said Elijah Viney and his heirs, in Severalty; one other of these parts to the said Rachel Viney, to be held by her the said Rachel Viney and her heirs, in Severalty; one other of these parts to the said Margaret A Viney, to be held by her the said Margaret Ann Viney, and her heirs, in Severalty; one other of these parts to the said Sabria Viney to be held by her the said Sabria Viney and her heirs, in severalty; one other and the remaining part to the said Sarah Viney to be held by her the said Sarah Viney and her heirs in Severalty. Due regard being had to the quality as well the quantity thereof.
And it is Ordered by the Court,That if the said freeholders or a majority of them, shall be of opinion that the said lands, tenements or hereditaments cannot be divided into seven equal parts as aforesaid, without detriment to the parties, but can be advantageously divided Into two or more parts; then, that they, the said freeholders, divide the same into so many and such parts as they shall deem most suitable and convenient, and appraise each of the said parts at the true value thereof in money; or, if the said freeholders, or a majority of them, shall be of opinion that no division can be made of the said lands, tenements or hereditaments, without detriment to the parties, then that they make no division thereof, but that they appraise the same at the true value thereof in money.
And it is Ordered by the Court, That the said Timothy C. Palmatory, Peter S. Collins, Jacob R. Allee, Isaac Short and James C. Robinson and the Surveyor, nominated by them, before they enter upon the said lands, tenements or hereditaments, for the purpose of executing this order, be sworn or affirmed before the Chancellor or any Judge of this State, or any Justice of the Peace for either County of this State, or the
Mayor of the City of Wilminton, 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 services to which he is called, faithfully and impartially, according to the best of their skill and judgment respectively: And the said freeholders, or any three of them agreeing, are 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. James F. Allee, Clerk.
The Freeholders and the Surveyor must be qualified according to law before they enter upon the duties assigned to them by this Order, or the Return will be Rejected (The Return must be made on paper the same width of this Order.). BY ORDER OF THE COURT.
CERTIFICATE OF THE QUALIFICATION OF THE COMMISSIONERS.
KENT COUNTY, SS.
I, Timothy C. Palmatory one of the freeholders in the preceding order, hereby certify that Peter S. Collins, Jacob F. Allee, Isaac Short and James C. Roberson other of the said freeholders were by me sworn in due form of law, that they will perform the duties incumbent on them respectively, according to the said order, faithfully and impartially, according to the best of their skill and judgment respectively; and I, the said Peter S. Collins before named, do certify, That the said Timothy C. Palmatary was sworn by me in due form of law, that he will perform the duties incumbent on him According to the said order, faithfully and impartially, according to the best of his skill and judgment: All of which was done before entering upon the lands and premises mentioned in the said order, for the purpose of executing that order. In witness of each of our respective acts as aforesaid, we the said Timothy C. Palmatory and Peter S. Collins have hereunto set our hands, this tenth day of November in the year of our Lord one thousand eight hundred and fifty eight. Timothy C. Palmatary Peter S. Collins
FORM OF THE CERTIFICATE OF THE OATH OR AFFIRMATION OF THE SURVEYOR.
KENT COUNTY, SS.
I, Timothy C. Palmatary one of the reeholders named in the foregoing order, hereby certify, That Jesse S. Harrington the surveyor nominated by the freeholders named in that order, before entering upon the lands, tenements, and hereditaments mentioned in that order, for the purpose of executing the same, was sworn by me in due form of law (or,) being conscientiously scrupulous of taking an oath, was affirmed by me in due form of law, that he will perform the service to which he is called, faithfully and impartially, according to the best of his skill and judgment. Witness my hand the tenth day of November in the year of our Lord one thousand eight hundred and fifty eight. Timothy C. Palmatary
FORM OF THE CERTIFICATE OF THE OATH OR AFFIRMATION OF THE CHAIN-CARRIERS.
KENT COUNTY, SS.
I, Jesse S. Huffington, the surveyor nominated by the freeholders Named in the preceding order, hereby certify, That before entering upon the lands, tenements, and hereditaments mentioned in the said order for the purpose of executing the same Isaac Sutton Jr. George Dickerson chain-carriers called to the service mentioned in the said order were sworn by me in due form of law, that they will severally perform the service to which they are called, faithfully and impartial, according to the best of their skill and judgment respectively.
Witness my hand the tenth day of November in the year of our Lord, one thousand eight hundred and fifty eight. J.S. Huffington Jun.
Orphan Court Records: Kent. Court Records 1889-1967, IMage 217.
Transcribed 25 Jan 2025 by Nancy Maliwesky
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