Probate, NC, Granville, EATON H. KITTRELL, 1848 Inventory of bonds, accounts & money belonging the estate of EATON H. KITTRELL deceased which have come into the hands of ROSA P. KITTRELL and JAMES H. KITTRELL administrators on said estate. Bonds and accounts which are good. ISHAM BALL JOHN ELLIS WILLIAM MANGUM JOHN BARNES CHARLES FLEMING THOMAS L. MARROW WILLIAM BARNES JOHN FLEMING JAMES MATTHEWS B. BURROUGHS SAMUEL FULLER LEWIS R. PARHAM ISHAM CHEATHAM JAMES H. KITTRELL D. A. PASCHALL JOHN CLARK ROB HARRISON MARY PASCHALL JOSEPH CLARK ABNER HICKS DANIEL STONE WILLIAM CLARK GEORGE M. HICKS JAMES THOMASON JAMES CREWS JAMES M. HOIGIE JOHN WRIGHT GUILFORD ELLINGTON ALFRED KNIGHT PETER BERG, selling The following bonds, judgments & accounts which are bad. GUILFORD BALL LITTLETON FAULKNER JAMES M. MANGUM RICHARD BALL E. FINCH PLEASANT MANGUM BURGESS GRESHAM WILLIAM FINCH WILEY MANGUM BONNET CARTER WILLIAM FLOYD RICHARD MABRY ALEXANDER CLARK A. GRESHAM GEORGE PARISH SIMEON CLARK SALLY GRESHAM WILLIAM PASCHALL JAMES DICKERSON NELSON HICKS JAMES PERDUE M. DUKE JOHN HOUSE WASHINGTON SEARS MANFIELD DUKE BALDY KERSEY BONNET STOKES ARCHIBALD ELLINGTON JORDAN LEVAN THOMAS V. DUKE JOHN M. ELLINGTON ZADOK LLOYD JOHN G. WIGGINS COLONEL ESTES LAWTON LOTION WIGGINS ZACH WIGGINS JOSEPH FAULKNER WILLIAM LYNAM Page 1 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Account sales of the property belonging to the estate of EATON H. KITTRELL deceased sold by public sale by the administration ROSA P. KITTRELL and JAMES H. KITTRELL on the 28th of February 1848 on 9 months credit with Bond and approved security. JOHN BARNS DAVID R. GLOVER WILLIAM H. PASCHALL AMBROSE BARKER JAMES M. HOIGIE JOHN POWELL JAMES M. BULLOCK GEORGE N. HICKS WILLIS ROGERS JAMES CHEATHAM JOHN KELLY HORACE ROWLAND JAMES C. COGDELL ISHAM KITTRELL SOLOMON WILSON ARCHIBALD ELLINGTON D. A. PASCHALL JOHN ELLINGTON SR. SARAH PASCHALL Amount to 28th November 1848 and entered into inventory. Page 2 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Account of Negroes hired out for the balance of the year by ROSA P. KITTRELL & JAMES H. KITTRELL, administrators of EATON H. KITTRELL deceased on the 28th day of February 4th 1848 Boys: GILES JAMES M. HOIGIE CHARLES JAMES M. HOIGIE JAMES JAMES M. HOIGIE JOE JAMES M. HOIGIE PATRICK JAMES M. HOIGIE ROBIN JAMES M. HOIGIE PETER JAMES M. HOIGIE POINTER JAMES M. HOIGIE WATT JAMES M. HOIGIE SPENCER DAVID R. GLOVER FAYETTE JAMES M. HOIGIE NORVAL JAMES M. HOIGIE WILLIAM JAMES M. HOIGIE ESSEX JAMES M. HOIGIE STEPHEN DANIEL A. PASCHALL BLACKSMITH ESSEX JAMES M. HOIGIE Women: ANN & 2 children J. T. KELLY MARY J. T. KELLY HANNAH JAMES M. HOIGIE ABBY & child JAMES M. HOIGIE PEGGY JAMES M. HOIGIE HARRIET JAMES M. HOIGIE HESTER JAMES M. WOODS HANNAH & boy JOHN JAMES M. HOIGIE RACHEL JAMES M. HOIGIE UNITY JAMES M. HOIGIE BLACKSMITH POINTER JAMES M. HOIGIE SHORT STEPHEN JAMES M. HOIGIE The following were put to the lowest bidder FANNY & child JAMES M. HOIGIE LUCY & 4 children JAMES M. HOIGIE BECKY & 3 children JAMES M. HOIGIE Balance of higher due December 25th 1848 and entered into inventory Page 3 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Account of sales and inventory of the estate of EATON H. KITTRELL deceased taken by ROSA KITTRELL and JAMES H. KITTRELL the 28th day of February 1848 ROSA P. KITTRELL JAMES H. KITTRELL, administrators North Carolina Granville County May Court A. D. 1849 The foregoing inventory and accounts sales were duly returned on oath in open court by ROSA P. and JAMES H. KITTRELL administrator and administratrix and ordered to be recorded Witness JAMES M. WIGGINS, Clerk -------------------- <> -------------------- Inventory and Account sales of the property of EATON H. KITTRELL deceased 1848 May Court 1848 Recorded Page 4 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 North Carolina Granville County In Equity, March term 1848 To The Honorable the judge of the court of equity for this County aforesaid the [missing] JAMES H. KITTRELL, DAVID K. GLOVER and wife [JULIA] ELIZA [KITTRELL], EDWIN PASCHALL and wife ELIZABETH [KITTRELL] [missing], plaintiffs. MARTHA KITTRELL, ISHAM KITTRELL, SALLY H. KITTRELL, EATON KITTRELL, EGBERT KITTRELL and HENRY C. KITTRELL [missing] defendants. To pose XXX aforesaid that December 1847 EATON H. KITTRELL late of said County of green Granville did departed this life intestate leaving your petitioners JAMES H., ELIZA, MARTHA, ISHAM, SALLY H., HENRY, children and KITTRELL his, him surviving your petitioners letters fenestration upon same Santa ROSA to quart to her Administration upon same [look at later] NOTE: JULIA ELIZA KITTRELL JULIA ELIZA GLOVER Page 5 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County In Equity March term 1849 The joint and several answers of MARTHA KITTRELL, ISHAM KITTRELL, SALLY H. KITTRELL, EATON KITTRELL, EGBERT KITTRELL and HENRY KITTRELL infants under the age of twenty one years by DANIEL A. PASCHALL, their guardian, defendants to the petition of JAMES H. KITTRELL, DAVID K. GLOVER and wife ELIZA and EDWIN PASCHALL his wife ELIZABETH, plaintiffs. These defendants for answer to the said petition say they admit that EATON H. KITTRELL, departed this life sometime in the month of December 1847, intestate, and leaving ROSA KITTRELL his widow and the plaintiff JAMES H. KITTRELL, ELIZA GLOVER, and ELIZABETH PASCHALL and these defendants his only children him surviving and heirs at law. That he left a considerable personal estate and letters of administration upon the same were granted to the said ROSA and to the said plaintiff JAMES H. KITTRELL, by the Court of Granville, County aforesaid at the February term 1848 thereof. That these defendants believed that the said administrators have in hand a sufficient amount of assets belonging to the said estate to satisfy all the outstanding debts against the same. And these defendants further answering say they admit that he died intestate, died seized and possessed of a tract of land in the said petition mentioned, and they believe that the situation of the same and the number of acres there and contained are truly stated and as set forth in the said petition. And they further admit that by the death intestacy of the said EATON H. KITTRELL said land descended upon and came to the said plaintiffs JAMES H. KITTRELL, ELIZA GLOVER, ELIZABETH PASCHALL, and these defendants, as his sole heirs at law as aforesaid, that dower in the said land has been duly assigned to the said widow, that the plaintiff ELIZA intermarried with the plaintiff DAVID K. GLOVER, and the plaintiff ELIZABETH intermarried with the plaintiff EDWIN PASCHALL as in the said petition is stated. That these defendants are infants under the age of twenty one year of age and DANIEL A. PASCHALL is their guardian as in the said petition is alleged. And that the said plaintiffs JAMES H. KITTRELL in his own right, DAVID K. GLOVER and ELIZA his wife and right of the said ELIZA, and EDWIN PASCHALL and ELIZABETH his wife in the right of ELIZABETH and these defendants in their rights respectively are now entitled to the said, and subject only to the said dower therein, and nine equal undivided parts or shares. And these defendants further answering say they deny that an actual partition of the said land is impracticable as in the said petition is alleged. On the contrary, these defendants answer that an actual partition thereof is not only practicable but can be made without injury to the said plaintiffs, or these defendants, and that the interests of these defendants, so far from being promoted, would be prejudiced by such a sale of the same. Page 6 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 And these defendants, therefore, submit and insist that the said plaintiffs have no right to demand a sale of the said land and that a sale thereof ought not to be ordered or decreed by this honorable court. All which matters and things these defendants are ready and willing to aver, maintain and prove as this honorable court shall direct. And these defendants, having fully answered the said petition or so much thereof as they are advised is necessary or material for them to answer, humbly pray to be dismissed with their reasonable costs and charges and this behalf sustained. ROB B. GILLIAM M. V. LANIER solicitors for defendants DANIEL A. PASCHALL, guardian of said defendants, maketh oath and sayeth that the several matters and things in the foregoing answer [missing] forth are true to the best of his knowledge, information, and belief. -------------------- <> -------------------- MARTHA KITTRELL and others Against } in equity JAMES H. KITTRELL and others Answers of defendants To March term 1849 Page 7 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Notice The undersigned having qualified during the present term of the county of Granville as administrators of the estate of EATON H. KITTRELL, deceased, hereby give notice to all persons indebted to his estate to make immediate payment and to them having claims against it to present them within the time prescribed by law otherwise this notice will be pleaded bar of their recovery. February 11th 1848 ROSA KITTRELL JAMES H. KITTRELL Administrators of E. H. KITTRELL, deceased List of posting locations: D. A. PASCHALL LEWIS PARHAM JAMES FULLER Then was a copy of this notice pu up at Lin Bank within the time permitted by law. Signed, subscribed and sworn to before me WILLIS HARRIS, one of the justices of the peace for the county of Granville, N. C. WILLIS HARRIS, JP Page 8 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 In obedience to a commission to us directed from the County Court of Granville, we met at the late residence of EATON H. KITTRELL, deceased, and proceeded to value said Negroes & allot them as follows, to wit: SALLY KITTRELL: GYLES, LUCY & 2 children, LUKEY ROSA KITTRELL: CHARLES, BECKY & 2 children, HENDERSON EGBERT KITTRELL: POINTER Jr., ABBY & child MATILDA, JAMES ISHAM KITTRELL: WATT, HANNAH COOK, JOHN, HARRIET MRS. E. PASCHALL: JOE, LUCY’s 2 children, REUBEN HENRY C. KITTRELL: LAFAYETTE, HANNAH, HESTER, ESSEX Jr., SHORT STEPHEN JAMES H. KITTRELL: ESSEX, PEGGY, NORVALL, HANNALY ??? EATON KITTRELL: ROBIN, JANE, SPENCER, RACHAEL, OLD POINTER DAVID K. GLOVER: PATRICK, MARY, FANNY & AMERIC, STEPHEN, GEORGE MARTHA KITTRELL: PETER, ANN, WILLIAM, CHANCY, UNITY The following have to pay: D. K. GLOVER, ISHAM KITTRELL, EATON KITTRELL The following have to receive: SALLY KITTRELL, HENRY C. KITTRELL, MARTHA KITTRELL, JAMES H. KITTRELL 10th May 1850 Commissioners: THOMAS MORRIS R. N. HERNDON JOHN BLACKNELL Page 9 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 EATON H. KITTRELL, deceased Division of Negroes May Court, 1850 recorded Page 10 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 JAMES H. KITTRELL administrator of EATON H. KITTRELL, deceased, in account current with the estate of the deceased. [LIST OF ITEMS] JOHN BARNES JESSE T. KELLY ??? BLACKSMITH L. H. KITTLE B. BURROUGHS JAMES H. KITTRELL B. BURWELL JAMES C. KITTRELL H. H. BURWELL L. LATHAM D. D. CARGILL DRURY L. MARROW [MORROW] ISAAC CHEATHAM ??? MCADAM A. DAVIS D. A. PASCHALL D. M. DUKE D. W. PASCHALL JOHN L. EATON J. M. PASCHALL ALBERT ELLINGTON W. H. PASCHALL JOHN M. ELLINGTON L. ROGERS J. G. FINCH ??? SMITH JAMES FULLER D. STONE SAMUEL FULLER ARCHIBALD P. TAYLOR R. B. GILLIAM JAMES J. THOMAS GEORGE W. HARRIS JAMES M. WIGGINS R. N. HERNDON LOTON WIGGINS D. C. HERNDON P. W. WYCHE DR. H. HERNDON D. E. YOUNG JAMES H. KITTRELL Page 11 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Oxford August 9th 1851 The undersigned commissioners appointed by Court to audit the accounts of JAMES H. KITTRELL administrator of EATON H. KITTRELL deceased have examined the set accounts and compare the same with the statements and receipts found that after allowing the administrator 5% Commission on the amount of the receipts and disbursements the balance now in the hands of the administrator is $25.55 as per his account current hereunto annexed. Given under our hands JAMES M. WIGGINS L. A. PASCHALL -------------------- <> -------------------- Account current JAMES H. KITTRELL, administrator of EATON H. KITTRELL Recorded by A. LANDIS, Clerk Page 12 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County KNOW ALL MEN BY THESE PRESENTS, that we ROSA KITTRELL, JAMES KITTRELL, DEMETRIUS E. YOUNG, DANIEL R. PASCHALL, JAMES H. KITTLE, and DAVID K. GLOVER are held and firmly bound unto the state of North Carolina, in the sum of $24,000 current money, to be paid to the said state, to which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this 7th Day of February A. D. 1848 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden ROSA KITTRELL and JAMES KITTRELL, administrators of all and singular the goods and chattels, rights and credits of EATON H. KITTRELL, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits of the deceased, which have or shall come to the hands, knowledge, or possession of the said ROSA KITTRELL and JAMES KITTRELL or into the hands or possession of any person, or persons, for them and the same so made, do exhibit, or cause to be exhibited, to the court of the county aforesaid, within 90 days from the date of these presents; and the same goods, chattels, and credits, and all other goods, chattels and credits of the deceased, at the time of his death, which at any time hereafter shall come into the hands or possession of ROSA KITTRELL and JAMES KITTRELL or into the hands or possession of any person or persons for them do well and truly administer according to law; and further do make or cause to be made, a just and true account of their said administration, within the time prescribed by law, after these presents; and all the rest and residue of the said goods, chattels and credits, which shall be found remaining upon the administrator's account, the same being first examined and allowed by the court of the said County, shall deliver and pay on to each such person or per respectively, to which the same shall be do, pursuant to the true intent and meaning of the said Act, in that case made and provided; and if it shall appear that any will or testament, was made by the said deceased, and the executor or executors therein named, do exhibit the same into court, making requests to have the same allowed and approved of accordingly; if the said ROSA KITTRELL and JAMES KITTRELL above bounden, being thereunto required, do render the said letters of administration, approbation of such Testament being first had and made in the said Court, then this obligation to be void and of no effect; otherwise to remain in full force and virtue. JAMES H. KITTRELL ROSA P KITTRELL D. E. YOUNG D. A. PASCHALL LEWIS KITTLE D. K. GLOVER Signed and sealed in the presence of JAMES M. WIGGINS Page 13 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Inventory and account sales of property belonging to the estate of EATON H. KITTRELL, deceased, sold by ROSA P. KITTRELL and JAMES H. KITTRELL administrators on the 14th day of April 1849 on a credit of six months with bond and approved security. D. D. CARGILL WILLIS FAULKNER LEWIS PARHAM ARCHIBALD ELLINGTON JOHN FLEMING EDWIN PASCHALL JAMES B. ELLINGTON DAVID GLOVER WILLIAM H. PASCHALL JOHN ELLINGTON JAMES HUNT -------------------- <> -------------------- Account sales and inventory of property belonging to the estate of EATON H. KITTRELL, deceased, sales by ROSA P. KITTRELL and JAMES H. KITTRELL administrators on the second day of January 1849 on a credit of six months. JAMES B. ELLINGTON ROSA P. [KITTRELL] and JAMES H. KITTRELL, administrators of EATON H. KITTRELL North Carolina Granville County May Court A. D. 1849 The foregoing inventory and account sales were duly returned on oath in open court by the administrator and administratrix and ordered to be recorded. Witness, JAMES M. WIGGINS, Clerk -------------------- <> -------------------- Account sales and inventory ROSA P. & JAMES H. KITTRELL Administrators of EATON H. KITTRELL, deceased Amount due in 14th October 1849 Returned to court May term 1849 Recorded Page 14 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of equity Spring term 1848 The Honorable, the judge of said court of Granville County, ROSA KITTRELL and LEWIS KITTRELL, infants under the age of 21 years by their next friend and guardian, EATON KITTRELL, respectfully shew and your honors that EATON H. KITTRELL, late of said County and intestate, died sometime in the year 1847 leaving surviving him the foregoing children and grandchildren which [faded] only him at law, upon whom his real estate ascended between them equally divided as tenants in common, viz: ELIZA, who married DAVID K. GLOVER, ELIZABETH who married EDWIN P. PASCHALL, MARTHA KITTRELL, ISHAM W. KITTRELL, SARAH H. KITTRELL, EATON KITTRELL, EGBERT P. KITTRELL, HENRY C. KITTRELL and your petitioners ROSA [KITTRELL] and LLEWELLYN [KITTRELL] who on the are the children of JAMES KITTRELL, deceased, the said JAMES KITTRELL account being a child of the said intestate. Your petitioners further shew and by a decree of this court, made at the _____ term A. D. _____ that ??? the said intestate was partitioned among said intestate’s heirs at law, all of which will fully appear by reference to said decree, & the report of the commissioners who were appointed by this court to make the partition of intestate’s real estate said among his heirs at law as ??? a copy of which said decree and the proceeding is herewith filed and prayer to be taken as part of this petition. Your petitioners further show that in the partition of said intestate’s real estate among his heirs at law, as aforesaid, lot number 6 or as is called in the report of said commissioners then assigned to your petitioners [not legible] are sized in same determinants and equal moieties and lot Number 6 in situate in and said county and is [not legible] viz: Beginning at a Red Oak S. Fuller’s corner; running thence to west to a White Oak in FLOYD's line; thence with his line ??? to a Post Oak, said FULLER’s corner; thence with FULLER's line and 88 degrees east 146 poles to a stump, his corner; thence to the first station. Containing 110¼ acres and valued at $480. Your petitioners for their show that their said land is exceedingly sterile and well nigh worthless for the purposes of cultivation, but valuable on account of its timber and proximity to two other tracts of land lying in its vicinity and on this account would surely sell at public auction for $8 - $10 per acre and that the interest upon said purchase money of this land would be considerably more than any sum which they would be able to secure from rent or otherwise. Your petitioners therefore pray your honors to order a sale of said land on such terms as your honors shall deem just and reasonable and that the proceeds of said sale shall be paid over to your petitioners guardians or otherwise account for them according to law and the course of this honorable Court. And your petitioners as in duty bound will ever pray D. C. EDWIN's Solicitor for petitioner Page 15 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 North Carolina Granville County In Equity LANGFORD A. PASCHALL and JAMES FULLER make oath that they are well well acquainted with the tract of land described in the foregoing petition and for the sums stated in said petition they believe the interest petitioners would be “materially promoted” by a sale of said land. JAMES FULLER Sworn and subscribed Before me this 10th day of March 1860 JOHN W. CAMP HARP ??? Page 16 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 MARTHA KITTRELL and others vs JAMES H. KITTRELL Equity Term A. D. 1857 For this case coming on to be heard on the petitioners exhibits and it appearing to the satisfaction of the court that the interest of the parties, petitioners and defendants, would be promoted by a division of lands and real estate of EATON H. KITTRELL, deceased. It is therefore ordered, adjudged, and decreed by this court is that the clerk and master of the court to have SAMUEL FULLER, ROBERT HAMMOND and BAZZA [BAZIL] BURROUGHS summoned as commissioners and they are hereby appointed as such as commissioners to have the land and real estate of the said EATON H. KITTRELL, deceased, divided and allotted in severalty to the parties, petitioners and defendants. The Heirs of EATON H. KITTRELL, deceased as follows: To the heirs of JAMES H. KITTRELL 1 share or 1/9 part of said land To DAVID K. GLOVER and wife [JULIA] ELIZA [KITTRELL] 1 share or 1/9 part of said land To EDWIN PASCHALL and wife ELIZABETH 1 share or 1/9 part of said land To MARTHA KITTRELL 1 share or 1/9 part of said land To ISHAM KITTRELL 1 share or 1/9 part of said land To SALLY H. KITTRELL 1 share or 1/9 part of said land To EATON KITTRELL 1 share or 1/9 part of said land To EGBERT KITTRELL 1 share or 1/9 part of said land To HENRY KITTRELL the remaining 1 share or 1/9 part of said land And if the shares of said land may not be equal in value than said Commissioners are to assess the deficit of the shares that may fall under the average to those which exceed that value, to be paid by the one to the other so as to equalize the respective shares and the amount so taxed to be a charged upon said share and report to the next term of this court. -------------------- <> -------------------- Order for division of land Page 17 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 [Page not legible] … guardian of VIRGINIA PASCHALL … June 25th 1855 MARY A. PASCHALL -------------------- <> -------------------- Mrs. MARY PASCHALL Guardian Receipt Page 18 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 B. LINE +--------------------+ STAKE, FORMERLY A HICKORY | 1 2 | | | | | | MRS. KITTRELL’S | | LINE | | <-------------- | | | | BLACKNELLS LINE | | --------------> | | | | | | | | | | | | | | | | | | | | | | | | | | | | | POINTER’S B. LINE | 4 B. LINE 3 | POINTER’S FORMERLY A HICKORY +--------------------+ Platted by a scale of 40 poles to the inch This plan represents a tract of land in Granville County survey the 10th day of April 1839 for MRS. KITTRELL on the waters of Tabs Creek. Beginning at a road on BLACKNALL’s line; then his line south 20 poles to a stake, formerly a Hickory, BLACKNALL’s corner; then his line west 113 poles to POINTERS BLACKNALL’s corner, formerly a hickory; then his Line north 20 poles to POINTER’s in his line then East 113 polls to the beginning. Containing 14 acres in 20 purchase A. V. WALKER Page 19 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions August term, A. D. 1848 Worshipful Justice of the court of pleas and quarter sessions for the county of Granville. The petition of ROSA KITTRELL of the said County, plaintiff. against JAMES H. KITTRELL, DAVID GLOVER and JULIA E. his wife, EDWIN PASCHALL and MARY E. his wife, MARTHA KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL SALLY H. KITTRELL, EGBERT KITTRELL, and HENRY C. KITTRELL of the same county, defendants. Thereby sheweth that EATON H. KITTRELL, late of the county of Granville aforesaid, departed this life sometime in the month of December last, intestate, and leaving your petitioner, his widow and relict, and the defendants, JAMES H. KITTRELL, JULIA E. GLOVER, MARY E. PASCHALL, MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, SALLY H. KITTRELL, EGBERT KITTRELL, and HENRY C. KITTRELL, his only children, him surviving, and heirs at law. And that the said defendants JULIA E. GLOVER is the wife of the defendant DAVID GLOVER. And the said defendant MARY E. PASCHALL is the wife of the defendant EDWIN PASCHALL. And the said defendant MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, are infants under the age of 21 years and without any guardian. And your petitioners further sheweth that the said EATON H. KITTRELL died seized and possessed of a certain tract or parcel of land situated and lying in the said County of Granville containing about 1,842 acres and adjoining the lands of BAZIL BORROUGHS, DAVID A. GLOVER, WILLIAM BARNES, DANIEL STONE, ISHAM CHEATHAM, JOHN S. EATON, William FLOYD, SAMUEL FULLER, Charles FLOYD, JAMES FULLER, ROBERT HARRISON, and THOMAS W. NORMAN on which said tract or parcel of land he had his dwelling or mansion house wherein he was accustomed to dwell before his death. And your petitioner is advised that, by law, she is entitled to have her dower laid off and allotted to her in the said tract or parcel of land, to wit: 1/3 in value thereof, by metes and bounds, as including the said dwelling or mansion house together with the offices, outhouses, buildings, and other improvements thereto belonging, appertaining to be and in-use to her during the term of her natural life. And your petitioners for the sheweth that she is desirous of obtaining and assignment to her of her dower as aforesaid. Your petitioner therefore hereby prays your worships to this end a writ of dower may issue to the sheriff of the said County of Granville commanding him to summon 12 freeholders connected with the parties within neither by consanguinity nor affinity and entirely disinterested who shall, upon oath, allot, set off, and Page 20 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 assign to your petitioner her dower in the said tract or parcel of land as aforesaid and put her in possession of the same. And that proper process may issue to the said defendants for making them parties hereto and that some suitable and discreet person may be appointed guardian Ad Litem of the said infant defendants to appear and defend for them in this behalf. And that such further or other orders, directions, and decrees may, from time to time, be made in the premises as to your worships shall seem meet. And your petitioner shall ever pray. M. P. LANIER Attorney for petitioners Page 21 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 North Carolina Granville County August Court A. D. 1848 This case coming on to be heard at the present term. Upon the petition and the answer of the defendant's the Court doth declare that the petitioners is entitled to her dower in the land, in the petition mentioned, and it is ordered that a writ of dower issue as is therein prayed for to the sheriff of the county of Granville, annexed according hereto, to summon twelve freeholders Connected with the parties within neither by consanguinity nor affinity and wholly disinterested, who upon oath first duly administered, by the said Sheriff according, to law, shall allot, set off, and assign, by metes and bounds, to the petitioner one third part of the value of the land aforesaid and put her in possession of the same including the dwelling house, commonly called the mansion home, together with the offices, outhouses, buildings, and other improvements thereunto belonging or appertaining, if any part thereof as that the said dower shall not exceed 1/3 and value of the whole premises and of the said allotment and assignment so to be made before him, as aforesaid, under the hands and seals of the said freeholders to make report along with his proceedings in the premises, to the next term of this court. Witness JAMES M. WIGGINS, Clerk Page 22 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County We the undersigned subscribers being lawfully summoned and impaneled according to law as jurors to lay off the dower of ROSA KITTRELL, widow of EATON H. KITTRELL, deceased, we have this day met on the premises and have viewed the same and laid off give the boundary as follows, to wit. Beginning at a stump and Pine and running with ELLINGTON's line north 2 degrees west to a stake; thence east to a Dogwood; thence south to a pine; thence to a post oak; thence south to the road; thence with the road to EATON's corner; thence with his line south to a White Oak, his corner; thence south 85 degrees east to a Pine stump, his corner; thence along a line of marked trees to a Red Oak; thence north 82 degrees east to a hickory; thence due west to a Sourwood in HARRISON's line; thence north 2 degrees to D. STONE’s corner; thence with his line an easterly course to his corner near a barn; thence with his line across to the road; thence with the meander's of the road with D. STONES line, to the first state. Containing by estimation on 620 acres. Given under our hands and seal this 2nd of November a. D. 1848 KENNON “RICHARDS” BENJAMIN F. HARRIS RICHARD R. TAYLOR JOSEPH B. ELLINGTON ABNER HICKS ALFRED KNIGHT JAMES CHEATHAM ASA PARHAM LEWIS R. PARHAM ROBERT FULLER JOHN ELLINGTON DANIEL STONE Page 23 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions August term 1848 The worshipful justices of the court of Pleas in Quarter sessions for the county of Granville, aforesaid. The petition of ROSA KITTRELL of the said County, plaintiff Against JAMES H. KITTRELL; DAVID GLOVER and JULIA E. his wife; EDWIN PASCHALL and MARY E. his wife; MARTHA A. O. KITTRELL; WILLIAM J. KITTRELL; EATON C. KITTRELL; SALLY H. KITTRELL; EGBERT KITTRELL; and HENRY C. KITTRELL all of the same county, defendants. Humbly sheweth that EATON H. KITTRELL late of the county of Granville aforesaid, departed this life sometime in the month of _____ last intestate and leaving your petitioner, his widow and relict, and the defendants JAMES H. KITTRELL, JULIA E. GLOVER, MARY E. PASCHAL, MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, SALLY K. KITTRELL, EGBERT KITTRELL and HENRY C. KITTRELL his only children, him surviving, and heirs at law. And that the said defendant, JULIA E. GLOVER is the wife of the defendant DAVID GLOVER. And the said defendant MARY E. PASCHALL is the wife of the defendant EDWIN PASCHALL. And the said defendants MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, SALLY H. KITTRELL, EGBERT KITTRELL, and HENRY C. KITTRELL are infants under the age of 21 years and without any guardian. And your petitioner further sheweth that the said EATON H. KITTRELL died seized and possessed of a certain tract a parcel of land situated and lying in the said County of Granville containing about 1,842 Acres and adjoining the lands of BAZIL BURROUGHS, DANIEL A. PASCHALL, WILLIAM BARNES, DANIEL STONE, ISHAM CHEATHAM, JOHN L. EATON, WILLIAM FLOYD, SAMUEL FULLER, CHARLES FLOYD, JAMES FULLER, ROBERT HARRISON, and THOMAS W. NORMAN on which said tract or parcel of land he had his dwelling or mansion house where in he was accustomed to dwell before his death. And your petitioner is advised that, by law, she is entitled to to have her dower laid off and allotted to her in the said tract or parcel of land to wit, one third in value thereof by metes and bounds including the said dwelling or mansion house together with the offices, out houses, buildings, and other improvements thereunto belonging and appertaining to be and in-use to her during the term of her natural life. And your petitioners further sheweth that she is desirous of obtaining an assignment to her of her dower as aforesaid. Page 24 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Your petitioner therefore humbly prays your worships that to this end a writ of dower may issue to the sheriff of the said County of commanding him to summon 12 freeholders connected with the parties neither by consanguinity nor affinity and entirely disinterested who shall upon oath allot, set off, and assign to your petitioner her dower in the said tract or parcel of land as aforesaid and put her in possession of the same. That proper process may issue to the said defendants for making them parties hereto and that some suitable and decent person may be appointed Guardian Ad Litem of the said infant defendants to appear and defend for them in this behalf. And that such further or other orders, directions, and decrees may from time to time be made in the premises as to your worships shall seem meet And your petitioner shall ever pray & c. M. V. LANIER Attorney for petitioner Page 25 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 67 ROSA KITTRELL vs JAMES H. KITTRELL & others Petition for dower to August term 1848 The report in this case not file by Sheriff. Page 26 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of Pleas & Quarter Sessions, August Term 1848 The joint and several answers of MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, SALLY H. KITTRELL, EGBERT KITTRELL and HENRY C. KITTRELL – infants under the age of twenty one years of age by JAMES M. WIGGINS, their guardian six of the defendants to the petition of ROSA KITTRELL against them and others. These defendants for answer to the said petition say they admit the facts therein set forth and in manner and form as the same are therein stated and alleged. And these defendants submit to such decree in the premises as to your worships shall seem meet and right. And they humbly pray to be herein dismissed with their costs and charges in this behalf sustained. -------------------- <> -------------------- JAMES H. KITTRELL & others against ROSA KITTRELL Answer of the infant defendants MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, SALLY H. KITTRELL, EGBERT KITTRELL, and HENRY C. KITTRELL Page 27 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of Pleas & Quarter Sessions, August Term 1848 These defendants for answer to the said petition say that they admit the several matters of fact stated in the same and in manner and for as they are therein set forth; and these defendants assent to the prayer of the said petition and submit to any order of decree in the premises that to your worships shall seem just and equitable, and they humbly pray to be herein dismissed with their reasonable costs and charges in this behalf sustained. ROBERT B. GILLIAM Attorney for defendants -------------------- <> -------------------- JAMES H. KITTRELL & Others Against ROSA KITTRELL Answer of JAMES H. KITTRELL, DAVID GLOVER, & JULIA E. His wife, and EDWIN PASCHALL & MARY E. His wife. Page 28 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions August term 1848 ROSA Cantrell Versus JAMES H. KITTRELL and others Petition for dower Order On motion it is ordered that JAMES M. WIGGINS be and he is hereby appointed Guardian Ad Litem for the infant defendants MARTHA A. O. KITTRELL, WILLIAM J. KITTRELL, EATON C. KITTRELL, SALLY H. KITTRELL, EGBERT KITTRELL and HENRY C. KITTRELL. And this cause coming on now to be heard at the present term upon the petition and answers of the defendants the Court doth declare that the petitioner is entitled to her dower in the land and the petition mentioned and it is ordered that a writ of dower issue as therein prayed for to the sheriff of the county of Granville commanding him to summon 12 freeholders connected with the parties neither by consanguinity nor affinity and wholly disinterested who upon oath first duly administered by the said Sheriff according to law shall allot, set off, and assign by metes and bounds to the petitioner 1/3 part in value of the land for said and put her in possession of the same, including the dwelling house commonly called the mansion house, together with the offices, out houses, buildings, and other improvements thereunto belonging or appertaining, if any part thereof as that the said dower shall not exceed 1/3 and value of the whole premises; and of the said allotment and assignment so to be made before him as aforesaid under the hands and seals of the said freeholders to make report along with his proceedings in the premises to the next term of the court. And until the coming of the said report the pause is retained for further leaving. Page 29 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Port of a please and quarter sessions February term 1848 To the worshipful justices of the court of pleas and quarter sessions for the county of Granville aforesaid. The petition of ROSA KITTRELL humbly sheweth that EATON H. KITTRELL, late of the said County of Granville, departed this life sometime in the month of January last, intestate and leaving your petitioner, his widow and relict, with six infant children who live with her and constitute a part of her family; and that he died possessed of a personal estate of some value upon which letters of administration have been duly granted by the court to your petitioner and JAMES H. KITTRELL during the present term. And your petitioner is advised that, by law, she is entitled to have allotted to her a sufficient maintenance for herself and her family for the span of one year out of the said personal estate, and also the following articles belonging thereto to be her absolute property, to wit: one bed and its necessary furniture and one wheel and pair of cards. And your petitioner further sheweth that she is desirous of obtaining and allotment to her of the maintenance and the articles aforesaid. Your petitioner therefore humbly prays that your worships, that a Justice of the peace and three freeholders unconnected with your petitioner may be appointed commissioners to view the said personal estate of her deceased husband and to allot, appoint, and assess to your petitioner the maintenance as by law directed; such part thereof as they may conceive necessary and adequate for the comfortable support and maintenance of herself and her family for one year, and also in addition thereto, to allot and appoint to your petitioner the several article aforesaid to be her absolute property and to put her in possession of the same; and that your worships will make such further or other orders, directions, and decrees in the premises as to your worships shall seem meet. And you petitioner shall ever pray & c. ROBERT B. GILLIAM Attorney for defendants Page 30 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions February term 1848 ROSA KITTRELL, widow of EATON H. KITTRELL, deceased, ex parte Petition for years support Order This cause coming and to be heard at the present term on motion of the petitioners. It is ordered that JOHN L. EATON Esquire, justice of the peace, and BENJAMIN F. HARRIS, ROBERT HARRISON, and BAZZAL BURROUGHS, freeholders, be, and they are humbly, appointed Commissioners to view the personal estate of EATON H. KITTRELL, deceased, late husband how to check petitioner and upon oath first duly administered according to law, to lay off and a lot to the said petitioners out of the crop, stock, and Provisions on hand of the side of State as much as may be sufficient for the comfortable support and maintenance of herself and her family for the space of one year; and also to a lot and a point to the said petitioner, in addition, their 2-1 bed and it's necessary furniture if must XXX XXX the goods of her said deceased husband, and one wheel and one pair of cards and to put her in possession of the same as her absolute property. And the SEC Commissioners on further or further directed in this case these be not sufficient of the crop, stock, and Provisions on hand of the said estate for the maintenance of horse head 2 estimate the value of the deficiency thereof in money and to make report of the said estimate as well as the other of their proceedings in the premises under their hands and seals to the next term of the court. And until the coming in of the said report the the XXX is retained for further hearing. Page 31 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 North Carolina Granville County Court of pleas and quarter sessions August term a. D. 1848 ROSA KITTRELL Widow of EATON H. KITTRELL deceased ex parte Petition filed at February term 1848 This cause coming on to be heard at February term on motion of the petitioner it is ordered that JOHN L. EATON Esquire, justice of the peace, and BAZIL BURROUGHS, DANIEL STONE, and LEWIS R. PARHAM freeholders be, and they are hereby appointed, commissioners to view the estate of EATON H. KITTRELL, deceased, late husband of the said petitioner and upon oath first duly administered, according to the law, to lay off and allot to the said petitioner out of the crop, stock, and provisions on hand of the said estate as much as may be sufficient for the comfortable support and maintenance of herself, and her family, for the space of one year. And also to allot and appoint to the said petitioner in addition thereto 1 bed and necessary furniture and one wheel and pair of cards, if such articles be among the goods of her said deceased husband, and to put her in possession of the same as her absolute property. And the said commissioners are further directed, in case there not be sufficient of the crop, stock, provisions on hand of the said estate for the maintenance aforesaid to estimate the value of the deficiency thereof in money and to make report of the said estimate as well as of their proceedings in the premises under the hands and seals to the next term of this court. Witness JAMES M. WIGGINS, Clerk Page 32 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County To the worshipful justices of the court of Pleas and Quarter sessions for the county of Granville aforesaid. We the undersigned commissioners respectfully report that in pursuance of the annexed order we proceeded, on the second day of September, 1848, to view the personal estate of EATON H. KITTRELL, deceased, having been first duly sworn according to law. And finding that ROSA KITTRELL, the widow of the said deceased, has used and consumed a small part of the stock crop and provisions on hand of the said estate towards the support of herself and her family up to the said second day of September 1848. We laid off and allotted to the said widow, for her comfortable support and maintenance of herself and her family, for the share of one year beginning the first Monday of February 1848 and ending the first Monday of February 1849 all the crop, stock, & provisions still on hand of the said estate, consisting of the Articles hereinafter mentioned, as follows, to wit. All the corn on hand being about 30 barrels, all the bacon on hand being about 500 pounds, all the wheat on hand being about 160 bushels, 6 muttons, 73 head of pigs and hogs, being all on hand, and three ???, all which are allotted to the said widow absolutely; and also the use 6 milch cows and their calves, one yoke of oxen and four horses until the said first Monday of February 1849 and then to be returned to the said estate. And conceiving the aforesaid articles, together with or in addition to, what has already been used and consumed by the said widow as aforesaid to be insufficient for the support and maintenance aforesaid, we estimated and assess the value of the deficiency thereof in money at the sum of $576. And we further allotted and appointed to the you said we do one bed and its necessary furniture and one wheel and one pair of cards which were among the goods of the said deceased and put her in possession of the same as her absolute property. All which is respectfully submitted under our hands and seals the second day of September 1848, aforesaid. JOHN L. EATON, JP BAZZAL BURROUGHS DANIEL STONE LEWIS R. PARHAM Page 33 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 Allotment of the Negroes belonging to the estate of EATON H. KITTRELL, deceased, made on 23 December, 1848 SALLY KITTRELL: GILES, LUCY & 2 children & LUCKEY ROSA KITTRELL: CHARLES, BECKEY? & 2 children, ABNER & JULIA, HENDERSON EGBERT KITTRELL: POINTER Jr., ABBY & child, MALINDA, JAMES ISHAM KITTRELL: WATT, HANNAH, JOHN, HARRIET EDWIN PASCHALL & wife ELIZABETH: JOE, LUCY & 2 children, RUEBEN [REUBEN] HENRY C. KITTRELL: LAFAYETTE HANNAH, HESTER, ESSEX Jr., SHORT STEPHEN JAMES H. KITTRELL: ESSEX BLACKSMITH, PEGGY, NORVAL, HANNAH (old) EATON KITTRELL: ROBIN, JANE, SPENCE, RACHAEL, POINTER (old) DAVID K. GLOVER & wife ELIZA: PATRICK, MARY, FANNY & AMERICA, STEPHEN, GEORGE MARTHA KITTRELL: PETER, ANN, WILLIAM, "CHANCY or CHINA", UNITY -------------------- <> -------------------- Allotment of the Negroes belonging to the estate of EATON H. KITTRELL deceased made 23 December 1848 by R. N. HERNDON JOHN BLACKNELL THOMAS MORRIS Page 34 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions, November term 1848 EDWIN PASCHALL and wife and others vs. ROSA KITTRELL administratrix and JAMES H. KITTRELL administrator of EATON H. KITTRELL Sr. deceased Petition for an account and distribution Decrital Order This cause coming or to be heard at the present term upon the petition and the answer of the defendants, the court does declare that the petitioner, EDWIN PASCHALL and DAVID K. GLOVER in right of there respective wives and the petition petitioner MARTHA A. KITTRELL, WILLIAM J. KITTRELL, SALLY H. KITTRELL, EATON H. KITTRELL Jr., EGBERT KITTRELL, and HENRY C. KITTRELL and the defendants ROSA KITTRELL and JAMES H. KITTRELL, in their own right respectively, are entitled each to one tenth of the residue that may remain of the personal estate and effects of the intestate EATON H. KITTRELL Sr., deceased, after payment of the said intestate debts, funeral expenses, and administration charges. The share of each of the said intestate’s children, being subject to a deduction on account of any advancements that such child may have received from the said intestate in his lifetime, in proportion to the value of said advancements. And it appearing, upon the pleadings, that the personal estate and effects of the set intestate in the hands of the defendants is sufficient, exclusive of the negro slaves in the petition mentioned, to pay the said intestate’s debts, funeral expenses, and administration charges but not to make those of the children of the said intestate, who have not been advanced equal to those of them who have received advancement from the said intestate in his lifetime. And that it is necessary that the said advancements should be accounted for in the division and distribution of the said negro slaves and the said defendants by their answer submitting to account it is ordered that the clerk of this court taken account of the personal estate and effects of the intestate, other than the said negro slaves, that have been received and possessed or without willful default might have been received and possessed by the said defendants, and also an account of the first said debts, intestate’s just debts and funeral expenses and administrative charges and report to the next term of this court. And it is further ordered that THOMAS W. NORMAN, RHODES N. HERNDON, and THOMAS MORRIS be, and they are hereby appointed, commissioners to divide and distribute the said negro slaves between and amongst the petitioners and the defendants according to the proportion of this respective their respective interests as here before stated and the said commissioners are directed in making the subdivision to take from such of the children of the said interstate as have received advancements from him in his lifetime on account on oath of the particular of such advancements and to charge them respectively with the value of the same. Page 35 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 And the said Commissioners are also empowered and directed, should it become requisite in making the subdivision to charge the dividend or dividends of greater value with such sum or sums as of money as they shall judge necessary to be paid to the dividend or dividends of inferior value in order to make an equitable division. And the said Commissioners are further directed to make report of their proceedings in the premises under their hands and seals to the next term of this court. And the further consideration of the cause is reserved & c. Page 36 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions November term 1848 The joint and several answers of ROSA KITTRELL administratrix and JAMES H. KITTRELL administrator of EATON H. KITTRELL Sr., deceased, defendants to the petition of EDWIN PASCHALL and ELIZABETH his wife and others plaintiff's. These defendants for answer to the said petition say they admit the several matters of fact in the said petition stated and set forth to be true in a manner in form as the same are there in and thereby alleged. And they cheerfully submit to account and to any search order or decree in the premises that to the court may seem just and proper and shall be sufficient for their Indemnity and protection. And these defendants having fully answered the said petition or so much thereof as they are advised it is necessary or material for them to answer humbly pray to be hence dismissed with this reasonable with their reasonable cost and charges in this behalf sustained. ROBERT B. GILLIAM Solicitor for defendants Page 37 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 State of North Carolina Granville County Court of pleas and quarter sessions November term 1848 To the worshipful justices of the court of pleas and quarter sessions for the county of Granville aforesaid. The humble petition of EDWIN PASCHALL and ELIZABETH, his wife; DAVID K. GLOVER and ELIZA his wife; and of MARTHA A. KITTRELL, WILLIAM J. KITTRELL, SALLY H. KITTRELL, EATON H. KITTRELL Jr., EGBERT KITTRELL, and HENRY C. KITTRELL, infants under the age of 21 years by DANIEL A. PASCHALL their guardian and next friend all of the said county plaintiffs. Against ROSA KITTRELL administratrix and JAMES H. KITTRELL administrator of EATON H. KITTRELL, Sr., deceased of the same county defendants. Sheweth that EATON H. KITTRELL Sr., late of the said County of Granville, departed this life on or about the _____ day of _____ 1848 intestate and leaving ROSA KITTRELL, one of the defendants hereto, his widow and your petitioner, the said ELIZABETH PASCHALL who is the wife of your petitioner the said EDWIN PASCHALL, your petitioner the said ELIZA GLOVER who is the wife of your petitioner the said DAVID K. GLOVER, your petitioner the said MARTHA A. KITTRELL, WILLIAM J. KITTRELL, SALLY H. KITTRELL, EATON H. KITTRELL Jr., EGBERT KITTRELL, and HENRY C. KITTRELL who are infants under the age of 21 years and do in this behalf bye are in this behalf by DANIEL A. PASCHALL their guardian and next friend and JAMES H. KITTRELL the other defendant here to his only children and next of kin, him surviving. Add your petitioners further show that the said intestate was at the time of his death possessed and entitled to a considerable personal estate consisting of cash on hand, deaths due to him, house, holes, and kitchen Furniture and various other particulars and especially the following negro slaves, to wit: ABBEY GILES MARY ALICE HARRIET MATILDA AMERICA HENDERSON NORVAL ANN HENRY PATRICK BECKY HESTER PEGGY BIG LUCY ISAAC PETER BLACKSMITH ESSEX JAMES POINTER BLACKSMITH POINTER JANE RACHEL BLAKE JOE ROBIN CHANCY JOHN REUBEN CHARLES JULIA SHORT STEPHEN COOK HANNAH LAFAYETTE SPENCER ELIBE HANNAH LITTLE ESSEX UNITY ESSEX LITTLE LUCY WATT FANNY LONG STEPHEN WILLIAM GEORGE LUCKEY Page 38 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 And your petitioners further show that since the death of the said intestate the said defendants have procured to be granted to them by and out of this worshipful Court letters of administration upon his personal estate aforesaid and have by virtue of the same possessed themselves of the said personal estate to an amount and value amply sufficient, exclusive of said negro slaves, to pay and satisfy the said intestate’s just debts, funeral expenses, and administration charges but not to make those of the said intestate’s children who have not been advanced equal to those of them who have received advancements from the said intestate in his lifetime so that the said advancements will have to be accounted for in the division and distribution of the said negro slaves. And your petitioners further shew that there is now no longer any reason why the said defendants should retain possession of the said negro slaves, and your petitioner, the said EDWIN PASCHALL and DAVID K. GLOVER and right of their respective wives and your petitioners the said MARTHA A. KITTRELL, WILLIAM J. KITTRELL, SALLY H. KITTRELL, EATON H. KITTRELL Jr., EGBERT KITTRELL, and HENRY C. KITTRELL in their own right respectively being entitled each to one tenth of the clear residue that may remain of the said personal estate after payment of the said intestate’s just debts, funeral expenses, and administration charges aforesaid they are desirous of obtaining an account of the said personal estate and payment to and distribution among them of their several and respective shared residue. Your petitioners therefore humbly pray your worships that the said defendants may be required, upon their several and prospective oaths, to answer all in singular the matters aforesaid that an account may be taken of the personal estate and effects of the said intestate EATON H. KITTRELL Sr. which have been received or possessed by the said defendants or either of them or by any other person or persons by there or either of their order or two there or either of their use and also an account of the said intestate’s just debts, funeral expenses, and administration charges. That the said intestate’s personal estate and effects may be applied in a due course of administration that the clear residue thereof may be ascertained and that several shares of the said residue, including the said negro slaves, to which your petitioners are respectively entitled as aforesaid may be paid over and distributed to and amongst them respectively. That such a the said intestate’s children as have been advanced by him in his lifetime may account upon oath for the advancements made them respectively and maybe charged with the value of the same in the division and distribution of the said negro slaves and that your petitioners may have such further or other relief in the premises as the nature of the case may appear to require and to your shall seem meet and further that to the and aforesaid process may issue, for the purpose of making the said ROSA KITTRELL and JAMES H. KITTRELL parties, defendant hereto. And that your worships will from time to time make such further orders, direction, and decree in the premises as to your worships shall seem meet. And your petitioners shall ever pray & c. JAMES T. ??? M. V. LANIER Page 39 of 40 ** PAGE BREAK ** Probate, NC, Granville, EATON H. KITTRELL, 1848 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 40 of 40 ** PAGE BREAK **