Probate, DE, Kent, JAMES MCKNITT 1788 Record group 3840.0 06 MCKNITT, JAMES, deceased 1778-88 #5 JAMES, ISABELLA, MARY Page 1 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Kent County state of Delaware To The Honorable the judges of the orphans court and Court of Common Pleas now sitting in the town of Dover in and for the county aforesaid. The petition of the several heirs of JAMES MCKNITT late of said County deceased, humbly sheweth: That whereas MAGDELIN [MCKNITT] the Widow of the aforesaid JAMES MCKNITT, deceased, being also dead, and The right of dower, which she in her lifetime held in the real estate of him, the said JAMES MCKNITT, now revert to the said estate again, and yet undivided amongst the proper heirs thereof ... therefore ... We, your petitioners, pray that your honorable Court will be pleased to nominate and appoint five freeholders of said County to go upon, view, and divided the aforesaid lands and tenements amongst the rightful heirs according to law in such case made and provided. And your petitioners will ever pray as in duty bound. JOHN MCKNITT JAMES MCKNITT ROBERT MCKNITT Page 2 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Petition for the division of real estate of JAMES MCKNITT deceased February 1788 WILLIAM HODSON RICHARD DELANO JOHN RALSTON JAMES JOHNSON JOHN KING Page 3 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Dover Kent County November 29th 1778 To the worshipful the judges of the orphans court now sitting. The petition of ISABELLA FLEMING by her son ROBERT FLEMING, humbly sheweth. That where has JAMES MCKNITT, formerly of the forest of Mispillion hundred, said County, was possessed of a parcel of land on which he lived, and had "some" three children, viz. JAMES [MCKNITT], ISABELLA [MCKNITT], your petitioners and MARY [MCKNITT] he made his last will and testament in writing July 3rd 1753 in which the following paragraph, viz: ITEM I give and bequeath to my well-beloved son JAMES MCKNITT all the residue of my estate both real and personal, to him freely to be possessed and enjoyed. By which devise it is evident his son JAMES had only an estate for life in said land. Now as said JAMES is since deceased, and therefore the said land now too visible among the heirs of JAMES MCKNITT, the Elder as though he had died intestate your petitioner therefore praise the court to be pleased to appoint five freeholders as the law directs to go up and upon view and divide said land among said heirs viz the representatives of Sid JAMES and MARY both deceased and your petitioners and she has a duty-bound show ever pray. ISABELLA FLEMING Page 4 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Petition of ISABELLA FLEMING for the division of JAMES MCKNITT's land 1778 Page 5 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Delaware state Orphans Court held at Dover in and for the county of count the 13th day of February 1788. Upon the application of JAMES MCKNITT, JOHN MCKNITT, and ROBERT MCKNITT heirs and representatives of JAMES MCKNITT, the elder, deceased, for the division of that part of the real estate of said deceased that was allotted to the Widow as heard our. Ordered that WILLIAM HUDSON, RICHARD DELLINER, JOHN RALSTON, JAMES JOHNSON and JOHN KING be and they are hereby appointed to go upon, view and divide the lands and tenements of said deceased that was allotted to his widow MAGDALIN MCKNITT as her dower, aforesaid, who has since also deceased, agreeable to law, and to make report of their proceedings to the next orphans Court to be held for the county of Kent, aforesaid. And testimony whereof I have caused the Seal of the said Court to be here into affixed THOMAS RODNEY, Clerk Page 6 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Order for the division of that part of the real estate of JAMES MCKNITT deceased that was allotted to his widow February 13th 1788 Page 7 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Order for the division of the third part of the real estate of JAMES MCKNITT deceased with the return thereon 1788 Page 8 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Kent County Personally appeared WILLIAM JOHNSON before me the subscriber one of the justices of the peace for the county aforesaid and made oath that he had discharged the duty of a surveyor to the best of his skill and judgment in surveying the within described lands word hour of the late MAGDALIN MCKNITT deceased and dividing the same. JOHN DILL June 5th 1788 Page 9 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Map The above draught represents that part of the lands of JAMES MCKNITT, the elder, deceased that was allotted to MAGDALIN the Widow of said deceased as heard our situated in the forest of Mispillion hundred, Kent County on Delaware, surveyed and plotted the 4th and 5th of June A. D. 1788 WILLIAM JOHNSON I virtue of an order of the orphans court for Kent County Delaware state 2 which this is annexed.? We see subscribers being appointed to go upon view and divide the land and tenements of JAMES MCKNITT Elder deceased that was a lot of to his widow MAGDALIN MCKNITT has heard our who since has also deceased and Etc accordingly we have been app on viewed and materially considered the premises, and with the surveyors assistants have divided the same in Manner and form as is represented by the several divisions of the above Draught. Viz to JAMES MCKNITT eldest son we have given an allotment that part or dividend marked on the Trot M containing 49 Acres 92 perches and 3DS with the appurtenances thereunto belonging and to BETTY BLACK otherwise ELIZABETH wife of BENJAMIN BLACK we have given and allotted all that part marked e containing 29 Acres 69 perches 65 Dr with the appurtenances there in two belonging, and to the second son JOHN MCKNITT we have given all that part marked I containing 12 acres 56 perches to Dr with the dwelling house and other houses thereon, with the appurtenances as accepted a barn which we give to the youngest son WILLIAM which he said WILLIAM is to move off and from the dividend of the said JOHN MCKNITT which he is now on. And to the third son ROBERT MCKNITT we give all that part marked are containing 30 Acres 136 perches 20 Dr and the appurtenances thereunto belonging and lastly we give the youngest son WILLIAM [torn] the appurtenances thereunto belonging together with the aforesaid and further we give the [torn] above heirs aforesaid respectively of reaping that which they have peaceably and quietly sewn on the premises. WILLIAM HUDSON {seal} RICHARD DELLINER {seal} JOHN KING {seal} JAMES JOHNSON {seal} JOHN RALSTON {seal} Given under our hands and seals the 5th day of June ad 1788 I do hereby certify that WILLIAM HUDSON, RICHARD DELLINER, JOHN KING and JAMES JOHNSON was all for qualified in form of law before me the subscriber this 5th day of June 1788 JOHN DILLS Page 10 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Addition of BENJAMIN BLACK and executor for the division of the lands and tenements of JAMES MCKNITT deceased 1779 Page 11 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 To the honorable judges of the court of Orphans now sitting at Dover and in and for Kent County on Delaware the 24th day of February Anno Domini 1779. The petition of BENJAMIN BLACK and ELIZABETH his wife eldest daughter of JAMES MCKNITT, late of Mispillion hundred in the county of Kent aforesaid, Yeoman, deceased. Sheweth That the said JAMES MCKNITT was seized in his demise as of fee of and in certain lands and tenements situated in the hundred and County aforesaid. That being so thereof seized, died intestate leaving a widow and sundry children. That your petitioners are now of the age of 21 years and upwards. That the lands in tenements of the said intestate have not been divided among his heirs and legal representatives. Your petitioners therefore humbly pray your honors appoint five freeholders to go upon, view and divided the lands and tenements of the said intestate among his heirs and legal Representatives agreeable to an act of the Assembly of the Delaware state in such case made and provided. And your petitioners and duty bound shall pray BENJAMIN BLACK ELIZABETH BLACK Page 12 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Map To The Honorable the judges of the orphans court at Dover in and for Kent County on Delaware to begin on the 27th day of May next Anno Domini 1779 By virtue of an order of the aforesaid court of the last February term appointing us RICHARD DALLINER, BENJAMIN CLARK, JENIFER TAYLOR, JOHN HARRINGTON, and JOHN RALSTON to go upon, view, and divide the lands and tenements of JAMES MCKNITT, deceased, among his heirs and lawful Representatives agreeable to an act of assembly of the Delaware state in such case made and provided. Accordingly having taken to our assistance and skill for a surveyor we went upon, viewed, and maturely considered the premises and laid off and divided the same in the following manner, to wit. FIRST giving to the Widow of the said JAMES MCKNITT all that part in the draft marked M containing 148 Acres with all and singular the improvements thereunto belonging as one third of the real estate of the aforesaid deceased. AND TO the eldest son JAMES MCKNITT all that part that appears on the draft to be marked IM as being his lawful to shares, or dividend, containing 148 Acres with such improvements as belongs to the same present. AND TO the eldest daughter ELIZABETH, wife to BENJAMIN BLACK, all that part that is marked on the draft in e 474 acres and 2 the second son JOHN MCKNITT all that part that appears marked on the draft with I containing 79 Acres. AND TO the third son ROBERT MCKNITT all that part appearing on the draft to be marked R containing 59 acres. AND LAST of all to the youngest son WILLIAM MCKNITT all that other part marked W containing 84 acres. Amounting in the whole to 594 acres and some purchase. And we, each of us, having been duly sworn to have done justice and dividing the aforesaid premises among the heirs and lawful representatives of the aforesaid deceased do hereby report of the same as above given under our hands this day of April 1779. RICHARD DALLINER BENJAMIN CLARK JENIFER TAYLOR JOHN HARRINGTON JOHN RALSTON Page 13 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Kent County I do hereby certify that within named RICHARD DALLINER, BENJAMIN CLARK, JAMES HARRINGTON and JOHN RALSTON Was legally qualified before me the subscriber one of the justices of the peace for the county of force head. JENIFER TAYLOR I do also certify that JOHN POWELL surveyor was legally qualified Before JENIFER TAYLOR Kent County I do hereby certify that the within named JENIFER TAYLOR, ESQ. was legally sworn before me RICHARD SMITH July 27th 1779 B. BLACK Page 14 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Orphans Court continued at Dover in and for Kent County on Delaware the 24th day of February Anno Domini 1779 Judges present JOHN CLARK Esquire RICHARD SMITH Esquire THOMAS WHITE Esquire To this court comes BENJAMIN BLACK and ELIZABETH BLACK his wife, who is the eldest daughter of JAMES MCKNITT, late of this County deceased, and by their petition pray the court to appoint five sufficient freeholders to go upon view and divide the lands and tenements of the said JAMES MCKNITT among his heirs and legal Representatives agreeable don't act of assembly of the Delaware state in such case made and provided which being considered is granted . Whereupon from the court to appoint RICHARD DALLINER, BENJAMIN CLARK, JENIFER TAYLOR Esquire, JOHN HARRINGTON, and JOHN RALSTON to go upon, view, and divide the lands and tenements aforesaid among the heirs and representatives aforesaid agreeable to the act of assembly aforesaid and make report of their proceedings to this or some succeeding orphans Court of this County. THOMAS RODNEY, Clerk Map Entered as far as the end of exemplification of division in folio 100 Page 15 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 Division of the real estate of JAMES MCKNITT deceased 1779 Page 16 of 17 ** PAGE BREAK ** Probate, DE, Kent, JAMES MCKNITT 1788 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # 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 17 of 17 ** PAGE BREAK **