Court, NC, Granville, HUNT et. al., Equity, 1825 TO THE HONORABLE the judge of the court of equity for Granville County. HUMBLY COMPLAINING shew unto your honor your orators and oratrixes • WILLIAM HUNT • JAMES HUNT, son of JAMES • JOHN HEGGIE and his wife MARY • RANDOLPH PURYEAR and his wife SUSAN • [GEORGE THOMAS] HOWERTON and his wife TABITHA • MARY ANN HOWERTON who is an infant and sues in behalf by her next friend and father _____ HOWERTON • RANDOLPH RAMEY and his wife JANE • SOLOMON HUNT • ABSALOM HUNT • JOHN FARRARD his wife NANCY • EATON KITTRELL and his wife ROSA • DYER TALLY and his wife TABITHA • NICHOLAS TALLY and his wife Sally • JAMES HUNT, son of WILLIAM • GEORGE HUNT, • ROBERT LUMPKIN and his wife NANCY • JAMES HUNT, son of GEORGE HUNT • DANIEL ISBELL and his wife NELLY • JOHN HUNT, • SAMUEL HUNT, • WILLIAM HUNT son of SAMUEL • ROBERT LONGMIRE and his wife ELIZABETH • GROVES HUNT • HAMILTON HESTER and his wife FRANCES • ALEXANDER SMITH THAT ONE JAMES HUNT Sr., formerly of Granville County, deceased, was in his lifetime, and at the time of his death, seized in fee simple and in possession of a certain tract of land, situate in said County, adjoining the lands now owned by JAMES HART, JOHN F. PATTILLO, ALEXANDER SMITH, JOHN ELLIOTT, JAMES DANIEL, [missing] containing by estimation 925 Acres whereon he said JAMES HUNT Sr. lived; AND THAT BEING SO SEIZED he, the said JAMES, duly made and published his last will in writing bearing date the 21st day of November A.D. 1794, or thereabouts, and therein and whereby divided and gave the subtract of land to his wife SARAH HUNT during her natural life and at her death to be sold by his executors to the highest bidder and the money arising from such sale to be equally divided between: • GEORGE HUNT • SAMUEL HUNT • JAMES HUNT (son of WILLIAM HUNT) • WILLIAM HUNT (son of WILLIAM HUNT) To them and their heirs, all of which will be more fully and at large appear, reference being had to the last will, which after the death of the said JAMES, the testator, was duly proved in court of pleas and quarter sessions for Granville County and is there in now of record. Page 1 of 6 ** PAGE BREAK ** Court, NC, Granville, HUNT et. al., Equity, 1825 AND your orators and oratrixes further sheweth that the said testator appointed the said SARAH HUNT, his wife, GEORGE HUNT, JOHN HUNT and JAMES HUNT the executrix and executors of his will; and that after the said will was proved the said SARAH, GEORGE and JOHN, at February term A.D. period 1798 of said County, obtained letters testamentary to issue to them on the said will and undertook the burden of its execution. AND that the said JAMES HUNT, named as an executor, would qualify as such, and died before the said JOHN and SARAH did. AND YOUR ORATORS AND ORATRIXES further show that the said GEORGE HUNT, one of the said executors, died before the year 1818; and that said JOHN HUNT died on the 22nd day of May 1818; and that said SARAH HUNT, the executrix, survived all the said executors and that she duly His last will and testament in writing bearing date the 25th day of August A.D. period 1820 and therein appointed DAVID TILLMAN, of the county of Montgomery, the sole executor thereof and then departed this life without altering or revoking the same of or about the ______ day of July A.D. 1822, and at Granville County after her death the said DAVID TILLMAN offered the said will of the said SARAH, deceased, to be duly proved in the county court of Granville viz. at August term thereof A.D. 1822 and therein procured letters testamentary therein to issue to him, the said DAVID, and undertook the burden of his execution. AND YOUR ORATORS AND ORATRIXES further show that they are advised that the said DAVID have now the power and authority to make sale of the said land and divide the proceeds amongst the persons entitled thereunto; and that he is the only person to have such power. IT IS further shown to your honor that the said GEORGE HUNT, SAMUEL HUNT, JAMES HUNT (son of WILLIAM), and WILLIAM HUNT (son of WILLIAM) who were original devisees of the said will, in remainder to, died many years ago and that diligent [missing] hath been made by your orators and oratrixes for their descendants, and heirs at law, that as for far as they have been or could be discovered they are parties of this first as complainants. IT IS furthermore shown to your honor that the devisee JAMES HUNT left your orators and oratrixes: • WILLIAM HUNT (son of JAMES) • JAMES HUNT (son of JAMES) • MARY [HUNT] HEGGIE • JASON [HUNT] • ELIZABETH [HUNT] • JANE [HUNT] • SOLOMON [HUNT] • ABSALOM [HUNT] • NANCY [HUNT] • TABITHA [HUNT] HOWERTON • ROSA [HUNT] his children, and heirs at law, at his death. Page 2 of 6 ** PAGE BREAK ** Court, NC, Granville, HUNT et. al., Equity, 1825 THAT the said ELIZABETH intermarried with _____ HOWERTON and had issue, your oratrix MARY ANN HOWERTON, and died. THAT your orator and oratrix JOHN HEGGIE and MARY HEGGIE have intermarried with each other THAT your orator and oratrix RANDOLPH PURYEAR and SUSAN have intermarried with each other THAT your orator and oratrix RANDOLPH RAMEY and JANE RAMEY have intermarried with each other THAT your orator and oratrix JOHN FARRON and NANCY FARRON have intermarried with each other THAT your orator and oratrix [GEORGE THOMAS] HOWERTON and TABITHA HOWERTON have intermarried with each other THAT your orator and oratrix EATON KITTRELL and ROSA have intermarried with each other THEY FURTHER SHEW that each of the said children of the said JAMES, the devisee: YOUR oratrix MARY ANN, by representation of her mother, was entitled to one 11th part of the share of said JAMES died of and in said land viz. of one equal fourth part thereof and is now so entitled, excepting: YOUR orators and oratrixes: • JAMES (son of JAMES) • JOHN HEGGIE and his wife MARY • RANDOLPH PURYEAR And his wife SUSAN have respectively, for valuable considerations, sold and duly conveyed their shares of the said land and the proceeds of the sale thereof to your orator ALEXANDER SMITH. IT IS FURTHER shown to your honor that the devisee, WILLIAM HUNT, at his death left your oratrix, TABITHA TALLY and SALLY TALLY and your orator JAMES HUNT (son of WILLIAM) his children and heirs at law AND that your orator and oratrix DYER TALLY and TABITHA TALLY have intermarried with each other and your orator and oratrix NICHOLAS TALLY and SALLY have intermarried with each other and they show that the share of the said land belonging to their said father is subject to be equally divided between them, that is to say, to each of them one third part of one fourth part of the whole. IT IS FURTHER shown to your honor that the devisee ,GEORGE HUNT, left at his death your orators and oratrixes GEORGE HUNT, NANCY LUMPKIN, JAMES HUNT (son of GEORGE), and NELLY, his children and heirs at law AND that your orator and oratrix ROBERT LUMPKIN and NANCY LUMPKIN have intermarried with each other Page 3 of 6 ** PAGE BREAK ** Court, NC, Granville, HUNT et. al., Equity, 1825 AND your orator and oratrix DANIEL ISBELL and NELLY have intermarried with each other and they show that the share of the said land belonging to them there said father is subject to be equally divided between them one fourth part of the whole IT IS FURTHER shown to your honor that the devisee JOHN HUNT, SAMUEL HUNT, [WILLIAM] HUNT (son of SAMUEL) left at his death your orators and oratrixes JOHN, SAMUEL, HUNT, (son of SAMUEL), ELIZABETH, [missing], FRANCIS his children and heirs at law AND that your orator and oratrix ROBERT LONGMIRE and ELIZABETH have intermarried with each other AND your orator and oratrix Hamilton Hester and FRANCIS have intermarried with each other AND that all of your said orators and oratrixes the sons and Daughters of said SAMUEL [missing with the husband's of said daughters have for valuable considerations sold and duly conveyed to your orator ALEXANDER SMITH Their shares of the said land and of the proceeds of the sale thereof that is to say one equal fourth part of the whole. AND your orators and oratrixes further show that the said land could not be specifically divided between them without greatly impairing the value of their said shares and thereby doing to them material injury and further that no part and Equitable division thereof can be made best by a sale and distribution of the money. AND they show that they have, in a friendly way, requested the said DAVID TILLMAN do make such sale and distribution of proceeds amongst them, according to their said rights, and did well hope that the said DAVID would so do. BUT NOW, so as it is, may it please your honor that the said DAVID TILLMAN, combining and considering does wholly refuse to make any such sale upon the grounds that it is doubtful, in law, whether he has such power and authority, unless under the direction and order of your honor. SO THAT your orators and oratrixes are likely to sustain great damage all which is contrary to equity and good conscious and for as much as your orators and oratrixes are without remedy in the premises except in this honorable court and to the end that the said DAVID TILLMAN may, upon his corporal oath, full and true answer may be to all and singular the premises, and that by order of your honor, that the said land may be sold and the money arising from the sale be divided amongst your orators and oratrixes agreeably to their said rights. AND THAT YOUR orders and or treatments may have all of their proper relief, may it please your honor to grant to your orators and oratrixes the ??? writ of subpoena to be ordered to the said DAVID TILLMAN, commanding him ??? and to be and appear at the next term of this court to be held and then and there according to the course of the court and the only order of equity and your orators and oratrixes will ever pray RUFFIN S??? Page 4 of 6 ** PAGE BREAK ** Court, NC, Granville, HUNT et. al., Equity, 1825 Page 5 of 6 ** PAGE BREAK ** Court, NC, Granville, HUNT et. al., Equity, 1825 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # 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 6 of 6 ** PAGE BREAK **