March Term A.D. 1859 March 31st

To the Honorable the Orphans Court of the State of Delaware in and for Kent County.

The petition of Isaac Sutton of New Castle County in the State of Delaware respectfully represents;

That at the last Term of this Honorable Court an order was granted appointing freeholders to go upon the lands late of John Viney (free negro) deceased and make partition thereof among the parties entitled: That the freeholders appointed by said order have made return of their proceedings thereunder to this Term of the Court whereby it appears that said real estate could not be dividend among the parties entitled without detriment and that they accordingly  Appraised the same at the sum of two hundred and two dollars and thirty four cents, that being the true value thereof in money: That Henry Viney, the eldest son of said deceased and who has the first right to accept the said real estate is a non-resident of this State and lives as your petitioner is informed in the State of New=Jersey: That your petitioner as the assignee of John Viney, the second son of said deceased, is entitled to the second right of acceptance: That the said Henry Viney has neither accepted Said real estate nor entered his refusal to accept the same and that your petitioner is desirous of accepting said real estate at the valuation thereof if the same should not be accepted by the said Henry Viney. Your petitioner therefore prays the Court  that a rule may be granted upon the said Henry Viney to appear in Court on Some day in said rule to be appointed and claim the preference that maybe due him of accepting or refusing said real estate and that publication of said rule may be made for Six successive weeks in some newspaper to be designated by the Court for that purpose, And he will ever pray &c. (signed) Isaac Sutton

And thereupon the Court having heard and considered the said petition did grant the prayer thereof, and directed the rule to be published in the Delaware State Reporter, a newspaper published in the Town of Dover

1859 July 20 order of publication Changed to “The Delawarean” instead of Reporter See folio 225

Rule in due form issued and delivered for publication for Copy Thereof see folio  Attest. J.F. Allee Clerk

“Kent, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSBW-JQSQ-T?view=fullText : Jan 31, 2025), image 187 of 662; Delaware Public Archives (Dover). Film # 104985953

Transcribed 31 Jan 2025 by Nancy Maliwesky