To the Honorable The Orphan’s Court of the State of Delaware, in and for Kent County.

The petition of Thomas C. Frame Jr. Admin- istrator C.J. A. Of James America late of East Dover hundred Kent County and State of Delaware deceased respectfully showeth unto Your Honors as follows

That the said James America died on about the 9th day of Jan A.D. 1915 Intestate That he was in his life time and at the time of his death seized in his demense as of fee inter alia of and in certain real Estate, situated in East Dover hundred in the county aforesaid and bounded and described as follows to wit. All that certain piece or parcel land situated in or near the town of Dover East Dover hundred Kent County and state of Delaware on the west side of the Delaware Railroad and on the north side of the Hazlettville road Adjoining other lands of the said  Samuel D. Mc Gonegal on the north and west and having a front on the Hazlettville road of Thirty-three and one third feet running back a debth of one hundred and Fifty feet and more particularly described as follows to wit

Beginning at a point on the north side of the Hazlettville road one hundred feet west of Clarence or Clarion st. a corner for lots nos. two and three on a pot of lots laid out by Thomas Slaughter (which plat is hereinafter more Particularly mentioned) and thence in a northerly course with western line of lot No. 2. on said plat, one hundred and Fifty feet to a corner for lots nos. two-three-seventeen and Eighteen and said plat, thence in a  westerly course with the southern line of lot Eighteen on said plat Thirty three and one third feet to a point in the northerly of lot no. Eighteen, thence in a southerly course and parallel with the western line of said lot no. two one hundred and Fifty feet to said Hazletteville road and thence with the northern side of said Hazlettville road in an Easterly Course Thirty-three and one third feet to the place of beginning, be the Contents thereof what they may. The lot of land above described adjoining lot no. two, on said plant on the East, and lot no. Eighteen on the north and being a part of the lot of land designated on said plat, laid out by Thomas Slaughter as no. three, which said plat of lots is recorded in the recorder of deeds office at Dover in deed book Vol. 5 page 336 as by reference thereto will appear and being the same lands which were conveyed unto the said James America by the deed of Samuel D. Mc Gonigal Dated December 14th A.D. 1886 and of record in the Recorder of Deeds Office aforesaid in deed record book X Vol 6page 105 &c

The improvements thereon being a frame dwelling house and out building That the personal Estate of the said James America deceased is insufficient to pay and discharge his just debts as will more fully appear by the subjoined account of all his personal  Estate of Every description, and of the debts outstanding against his Estate, which have come to the knowledge of your petitioner That your does not Exhibit an inventory and list of debts returned to the Register of Wills as there is no inventoryand list.

That the said James America in his life time made and published his last  will and testament which after his death was fully proved and allowed before the Register of wills of the County Aforesaid, wherein and whereby he did devise inter alio. as follows to wit.

second, I order and direct that all my just debts and funeral Expenses including the Expense of my last sickness shall be paid out of my Estate by my Executor hereinafter named as as Conveniently may be after my decease.

Third, I give, devise and bequeath all the remainder of my Estate of Which I may die seized or possessed real and personal and mixed wheresoever the same may be unto my Executors hereinafter named in trust to pay income thereof unto my beloved wife Maria America during her natural life and her death to pay to my Lizzie View daughter of my sister Elizabeth Williams Curvelia America daughter of my Brother Moses America and Lizzie America daughter of my Brother William America Each the sum of one Hundred dollars and to pay the remainder of my Estate to my Brothers and Sisters or to the legal descendants of those who shall be deceased, Equally.

That Maria America widow of the said James America departed this life on or about the Twenty-fifth day of January A.D. 1924

That the said James America deceased had four Brothers, Charles America, Moses America, John America and William America and four sisters Mary America, Susannah America, Sarah Ann America and Elizabeth Ann America.

That Charles America departed this life before the death of James America, unmarried and without issue.

That Moses America departed this life on or about the 27th day of november A.D. 1924 leaving to survive him five chil-dren. John America who died unmarried and without issue: Joseph Henry America Charles America who died leaving to  survive him a widow Laura V. America and two children Richard F. America and Mable V. America; Richard America who died without Issue, leaving a widow, Etta America: and Cervilia Glover who died leaving to survive her two children, her Two children Vivian Glover and Howard Glover.

That John America departed this life before the death of the said James America without issue his wife being now dead.

That William America departed this life before the death of James America leaving a widow Priscilla America and two children William who died unmrried & without issue and Lizzie America Polk who died without issue and whose husband is now dead.

Mary America who departed this life before the death of James America unmarried and without issue.

Susannah America who departed this life before the death of James America unmarried and without issue

Sarah Ann America who married charles Blackston departed this life before the death of James America leaving a husband the said Charles Blackston who is now dead and two childrenCharles Blackston who died unmarried and without issue and William Blackston and an illigitimate child Robert America.

Elizabeth Ann America who married Alfred Williams departed this life on or about the 9th day of August A.D. 1919 leaving to survive her four children (her husband pre-deceased her.) to wit Sadie Williams Glasgow, Eva Williams, Emma Williams slater, and Lizzie View Smith. That Lizzie View one of the legatees in said last will and testament Married Howard S. Smith.

That Cervilia America another of the legatees in the said last will married Thomas Glver and departed this life on or about Dec 11 1906 leaving to survive her two children Vivian Glover and Howard Glover.

That Lizzie America another of the Legatees in said last will married Owe? Polk and departed this life without leaving Issue to survive her.

That the persons interested as devisees and tenants in possession and their places of residence are as follows

Lizzie View Smith resides at 227 west 140 Street, New York City N.Y.

Vivian Glover resides at 2024 Fitz-water street Philada Pa.

Howard Glover resides at 2024 Fitzwater street Philadelphia Pa

Joseph Henry America residing at 1106 Tatnall st. Wilmington, Del.

Mabel V. America residing at  2024 Fitzwater st Philadelphia Pa.

Richard F. America residing at 2024 Fitzwater st Philadelphia Pa

Laura America (widow) residing at 2024 Fitzwater Philada Pa

Priscilla America (widow) residing at Dover Del

Wiliam Blackston residing at Waterbury Conn

Robert America Residing at Dover Del

Sadie William Glasgow Residing at 420 East 12th st Wilmington Del.

Eva Williams Residing at Holyoke st, Boston mass.

Emma William slater Residing at 67 West 138 st New York City N.Y.

Etta America ^widow Residing at 2024 Fitzwater Philadelphia Pa

That your petitioner has given to Each of the said ^persons interested notice of his intentions to apply on the first day of november A.D.  1927 being at the adjourned sept. term of this court for an order for the sale of said lands or so much thereof as may be necessary for the payment of the debts of said deceased. copies of which notice with proof of service thereof are herewith submitted.

That Lizzie View Smith, Vivian Glover,  Howard Glover, Richard F. America, Mabel V.  America, Laura America, (Widow) William Blackston, Sadie Williams Glasgow, Eva Williams, Emma Williams Slater and Etta America (Widow) being non Residents of this state, have been notified of this present application by the posting of notices at the door of the Court house of this county and in the office of the Clerk of this Court more than two weeks before the day mentioned in said notice for the preferring of this petition. a copy of which notice and proof as such posting is herewith submitted.

Your petitioner therefore prays your Honor to make an order for the sale of the real Estate of the said James America deceased as herein- before particularly described or so much thereof as may be necessary for the payment of such part of the debts of the said deceased as his personal estate is insufficient to satisfy. Agreeable to the act of the General Assembly in such case made and provided and that your petitioner may be authorized to Employ a person to bid for him at the sale of  the said real Estate. And your petitioner will Ever pray &c Thomas C. Frame Jr. Admr. C.T. A. Of

Thom C. Frame Jr James America atty for petitioner deceased adj. sept term A.D. 1924

An account taken and filed in the Orphan’s Court of the state of Delaware in and for Kent County at the adj sept term A.D. 1924 upon the application of Thomas C. Frame Jr. Administrator C.T.A. of all and singular the goods and chattles, rights and credits, which were of James America late of Kent County and state of Delaware deceased, for an order to sell the whole or such part of the real Estate of the said James Ameriica deceased decased as shall be necessary for the payment of his debts.

Dr To Judgment of Dr Thos. C. Frame Sr. vs. Maria America and James America No. 128 st term of Superior Court Kent Co. Del. 1908 assigned to Thos. C. Frame Jr.

lien of Judgment Extended 200.00

Interest from Dec. 17. 1923.   10.00

Cost of Entry of Judgment.     3.77

Cert Extension of Judgment     3.77

Co and school Tax 1924   13.26

special school Ta 1927     4.80

Cost of settling Estate No personal property

State of Delaware County of Kent S S. Be it remembered that on this First day of november A.D. 1924 Thos. C. Frame Jr Admr. C.T.A. of all and singular the good and chattles, rights and credits which were of James America late of Kent County and state of Delaware Deceased, having solemnly sworn on the Holy Evangels of Almighty God deposes saith that the above is a just and  true account of all the personal Estate of the said deceased of Every nature and description, and of all the debts outstanding against the Estate of said deceased which Have come to his knowledge, and all other property, rights and credits belonging to the personal Estate of said deceased, whereof he hath knowledge Thos. C. Frame Jr. Sworn and subscribed Admr C.T.A. in open Court this First day of november  A.D. 1924 E. Frank Burris lerk

Bond

Know all men by these presents, That We, Thomas C. Frame Jr Administrator C.T.A. of and singular the goods and chattles, rights and credits which were of James America late of Kent County and state of Delaware deceased and Fidelity and Deposit Co. of Md. a corporation of maryland are held and firmly bound unto the state of Delaware in the just and full sum of Two Thousand ($2000) dollars lawful money of the U.S. of A. to be paid to the said state of Delaware to which payment will and truly to be made we bind ourselves hour heirs Executors and administrators, jointly and severally firmly by these presents. sealed with our seal and dated this First day of November in the year of our Lord One Thousand nine hundred and Twenty-four.

Whereas the said Thomas C. Frame Jr Admr, C.T.A. aforesaid hath applied to the Orphans Court of Kent County for an Order to sell the real Estate of James America deceased for the payment of his debts. And hath obtained such Orders from the said Court.

Now the condition of this olli gation is such that if the said Thomas C. Frame jr Administratos C.T.A. aforesaid shall account truly and justly for all money which shall arise from said sale (the just charges to be allowed by the said court being first deducted) shall apply all the balance of the said moneys in or toward payment of the outstanding debt against the said James America according to their priority as prescrib-ed by law and shall pay the surplus If Any according to law and shall perform his duty in the premises in all things with fidelity then this obligation to be void Else to remain in force and virtue Thomas C. Frame Jr {seal} Fidelity Deposit Co. {seal}

Signed Sialed and Delivered in the Presents of by This. C. Frame Jr. E.F. Burris Agent and atty

Order for Sale

On this First day of november A.D. 1924, the foregoing petition having been read and considered and it appearing to the Court that due notice of the intention to prefer the said petition and of the day and place of preferring the same has been given to  the parties interested and the tenant in possession of the premises to be sold or that said notice had been waived by them and that there is a deficiency in the personal Estate of the said deceased for the payment of his debts. It is further ordered by the Court that the said Thomas C. Frame Jr administrator C.T.A. as aforesaid of the said James America deceased to sell at public auction or venue all of the hereinbefore mentioned real Estate of the said James America or so much thereof as may be necessary for the payment of such part of of the debts of the said deceased as his personal Estate is insufficient to pay and apply the proceeds of such sale according to law.

And it is further Ordered by the Court that the said administrator C.T.A. give notice of said sale by advertisements made and signed by the clerk of this court describing the premises to be sold and the improvements thereon. And appointing the day, hour and place of sale, and stating the time of making return of his proceedings thereunder posted at least ten day before the day of sale in ten of the most public places in Kent County and published in the state Sentinal a newspaper published in  Kent County aforesaid at least one time before the day of sale. And the said Administrator C.J.A. shall at least ten days before the day of sale send to Each of the parties interested to the tenant in possession and to Each of the creditors of said deceased holding liens against any or all of the said real Estate a copy of A Copy of said advertisement in a sealed registered letter addressed to his or her last known Post Office address

And it is further ordered by the Court. that the said administrator be and he is hereby authorized to Employ a person to bid for him at said sale and in his return shall report Respecting such Employment.

And it is further ordered by the Court, that the said Administrator C.J.A. before proceeding with the execution of this order to give bond in the penal sum of two thousand dollars and Fidelity and Deposit Company of Md is approved as such purity and said bond.

And it is further ordered by the Court that the said administrator make return of his proceeding under this order at Adjourned sept. term of the orphans Court to be held at Dover on the Eighth day of november A.D. 1924 W.W. Harrington J.O.C.

Return of sale.

Thomas C. Frame Jr. Administrator C.T.A. of James America deceased Respectfully makes Return.

That in pursuance of the order made by this Honorable Court on the first day of november A.D. 1924, he caused more than ten advertisements made and signed by the clerk of this court describing the premises to be sold and the improvements thereon and appointing the day, hour and place of sale and stating the time for making return of his proceedings under this order to be posted in ten or more of the most public places in Kent County more than ten days before the day of sale therein named and submit herewith proof of such posting that he also caused advertisement of the said sale to be published in the state sentinel a newspaper published in Kent County aforesaid at least one time before the day of the sale and that he mailed on the seventh day of november A.D. 1924 being more than ten days before said day of sale a copy of the advertisement made and signed by said clerk of Each of the persons interested, tenant in possession and Creditioner of the decedent holding liens against said real estate and submits herewith registration receipts showing such mailing

That on Thursday the Twentieth day of November A.D. 1924 at two o clock P.M. at the front door of the county Court house in the county aforesaid being the day hour and place of sale mentioned I said advertisements he Exposed to sale at public auction or venue the said lands and premises described in the petition of the a bove named administrator C.T.A. and sold the same to Samuel Harper for the sum of Twelve hundred and ninety dollars he being the highest and best bidder and that being the highest and best price bidden for the same.

That the said Samuel Harper has paid to the undersigned the sum of Twelve hundred and ninety dollars being the purchase money for said lands and premises The Administrator C.T.A. Recommends and prays that the said sale may be approved and confirmed Thomas C. Frame Jr. Admr. C.T.A. of James America deceased

Confirmation of sale

On the sixth day of December A.D. 1924 the foregoing return of Thomas C. Fram Admr. C.T.A. of James America deceased, having been recd and considered by the Court It is hereby Ordered by the Court that the sale of lands and premises therein returned be and the same is hereby approved and confirmed; and the said Thomas C. Frame Jr Admr. C.T.A. of James America deceased as aforesaid is hereby ordered to make Execute and deliver to Samuel Harper, the purchaser aforesaid a deed for the premises so sold.

It is further ordered by the Court that the costs of these proceedings be and they are here taxed at the sum of one hundred and Thirty nine dollars and Eighteen cents and the said Thomas C. Frame Jr. Admr. C.T.A. as afore said is directed to pay the same from the proceeds of of said sale.and it is further ordered by the Court that the said administrator C.T.A.account before the Register of Wills of the said County for the residue of said proceeds to wit the sum of Eleven hundred and Fifty dollars and Eighty-two cents ($1150.82) W.W. Harrington J.O.P.

“Kent, Delaware, United States records,” images, FamilySearch (https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSBW-JQ4R-N?view=fullText : Feb 12, 2025), image 389 of 686; Delaware Public Archives (Dover). 104985964

Transcribed 12 Feb 2025 by Nancy Maliwesky