KENT COUNTY, SS.

At an Orphans’ Court of the State of Delaware, held at Dover, in and for Kent County, on the 23d day of March in the year of our Lord one thousand eight hundred and fifty eight before the Honorable Samuel M. Harrington Chancellor and the Honl. John W. Houston Judges of the said Court, the petition of William Townsend (assignee of Jonathan Bell (n) of Murderkill hundred, in the county aforesaid, was the day and year aforesaid, preferred to the Court, the substance whereof appears to be, That Nathaniel bell (negro) late of Murderkill hundred, in the county aforesaid died intestate in the year of our Lord one thousand eight hundred and forty three Leaving to survive him as his only heirs at law a widow and eight children, viz: Elizabeth, Thomas, Manan, Caleb, Catharine, Jonathan, Nathaniel and Abraham all of whom are of lawful age. That Since the death of the said Nathaniel Bell the said Elizabeth has intermarried with and is now the wife of John Darnell (n) and the said Catharine has intermarried with and is now the wife of Philip Lowber. That the said Nathaniel Bell was at the time of his death seized in his demesne as of fee of and in the following real estate, viz: A lot of land Situated in Murderkill hundred aforesaid adjoining lands of Thomas Bell (n) of Peter Lowber of Richard Ward and other land, and said to contain eight acres and five square perches of land be the same more or less: That since the death of the said Nathaniel Bell his widow has also departed this life and that the above named eight children are at  this time his only heirs at law. That the said Nathaniel, so of said deceased, has since the death of his father conveyed away and assigned all his interest in the said real estate to his brother Caleb and that the said Jonathan, son of said deceased, did by deed of himself and wife bearing the date the fifth day of June A.D. 1858 Convey away and assign all his interest in said real estate to the petitioner. That the said real Estate has never been divided but is now held by the parties entitled in undivided shares and that the petitioner, or assigns of the said Jonathan Bell is desirous that partition thereof be made.

   That from the foregoing statement of facts it appears that the said real estate ought to be divided into eight parts and that one of these parts be assigned to John Darnell and Elizabeth his wife in her right another to Thomas Bell, another to Manan Bell, two others to Caleb Bell, another to Philip Lowber and Catharine his wife in her right, another to Abraham Bell and the remaining part to the petitioner or assignee of the said Jonathan Bell. And the said William Townsend assignee as aforesaid by his 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 Ads of the General Assembly in such case made and provided.

   Thereupon, It is considered and ORDERED BY THE COURT, That Isaac Godwin, Joseph Smith, Thomas James, Thomas Vickory five judicious and substantial freeholders of Kent County aforesaid, do go to the lands, tenements and hereditaments aforesaid, to wit: A lot of land situated in Murderkill hundred aforesaid adjoining lands of Thomas Bell (n) of Peter Lowber of Richard Ward and other lands and said to contain eight acres and five square perches of land be the same 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 Eight equal parts or Shares and that they, the said freeholders, assign one of these parts to the said John Darnell and Elizabeth his wife, in right the said Elizabeth, to be held by them the said John Darnell and Elizabeth his wife and her heirs, in severalty; one other of those parts to the  said Thomas Bell, to be held by him the said Thomas Bell and his heirs, in severalty: one other of these parts to the said Manan Bell to be held by him the said Manan Bell and his heirs, in severalty; one other of these parts to the said Caleb Bell to be self by him the said Caleb Bell and his heirs in severalty; one other of these parts to the said Caleb Bell assignee of the said Nathaniel Bell, to be held by him the said Caleb Bell assignee as aforesaid and his heirs, in severalty; one other of these parts to the said Philip Lowber and Catharine his wife, in her right, to be held by them the said Philip Lowber and Catharine his wife and her heirs, in severalty; one other of these parts to the Said Abraham Bell to be held by him the said Abraham Bell and his heirs in severalty; one other and the remainder of

these parts to the said William Townsend, the petition[er], assignee as aforesaid of the Said Jonathan Bell, to be held by him the said William Townsend, assignee as aforesaid and his 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 Eight 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 the, 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 Isaac Godwin, Joseph Smith, Thomas James, Thomas Vickory and John Emory 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 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 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 their Return will be rejected. (The Return must be made on paper the same width of this Order.) BY ORDER OF THE COURT. J.F. Allee Clerk.

Return

CERTIFICATE OF THE QUALIFICATION OF THE COMMISSIONERS.

KENT COUNTY, SS.

I, Isaac Godwin one of the freeholders named in the preceding order, hereby certify that Joseph Smith, Thomas James, Thomas Vickory and John Emory  others 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 Joseph Smith before named, do certify, That the said Isaac Godwin 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 the order. In witness of each of our respective acts as aforesaid, we the said Isaac Godwin and Joseph Smith have hereunto set our hands, this Twentieth day of September in the year of our Lord one thousand eight hundred and fifty eight. Isaac Godwin. Joseph Smith

FORM OF THE CERTIFICATE OF THE OATH OR AFFIRMATION OF THE SURVEYOR.

KENT COUNTY, SS.

I, Thomas Vickory one of the freeholders named in the foregoing order, hereby certify, That Myres C. Conwell 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 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 Twentieth day of September in the year of our Lord one thousand eight hundred and fifty eight

FORM OF THE CERTIFICATE OF THE OATH OR AFFIRMATION OF THE CHAIN-CARRIERS.

KENT COUNTY, SS.

I, Thomas Vickory, one of 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 George B Potter and Jefferson Faulkner 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 impartially according to the best of their skill and judgment respectively.

   Witness my hand the Twentieth day of September in the year of our Lord, one thousand eight hundred and fifty eight Thomas Vickrey

“Kent, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3QS7-L94J-16X6?view=fullText : Jan 27, 2025), image 319 of 854; Delaware Public Archives (Dover).

Transcribed 27 Jan 2025 by Nancy Maliwesky