Currituck County Estates
Mrs. M. [Margaret] D. Baxter - 1902
[This is a lengthy estate and I did not abstract all documents in the folder. There were 2 folders. One was erroneously entitled "Mrs. M.D. Barter" and the other was entitled "Mrs. M.D. Baxter". Cemetery records show Margaret D. Baxter dying on June 8, 1901.]
9 Oct 1901 - Renunciation of Right to Administer - Mamie A. BELL, Addie B. FLORA and Maggie M. BAXTER, heirs-at-law of Mrs. M.D. BAXTER, deceased, renounce their right to administer on the estate in favor of J.E.C. BELL.
9 Oct 1901 - Application for Letters of Administration - J.E.C. BELL states that M.D. BAXTER is dead without leaving any will and testament and that he is the proper person entitled to Letters of Administration; that the value of said estate is about $1100.00 and that Mamie A. BELL of Shawboro, NC, Addie M. FLORA of Shawboro, NC, and Maggie M. BAXTER of Norfolk, Va. are entitled as heirs thereof. /s/ J.E.C. BELL [oath of administrator follows this document]
2 Sep 1902 - J.E.C. BELL & wife Mary A. BELL vs. R.E. FLORA & wife Addie B. FLORA, E.W. BAXTER and children Mary A. BAXTER, Helen BAXTER, Margaret BAXTER & Lucy BAXTER - Petition for partition of land. The petitioners in this proceeding complain that the said Mary A. BELL, Addie B. FLORA, E.W. BAXTER, Mary A. BAXTER, Helen BAXTER, Margaret BAXTER & Lucy BAXTER are all tenants in common of the following described lands and ask that the Court appoint Commissioners to make a partition thereof and appoint a guardian for the minor children.
A - "Humphries Tract" - bounded on the North by the main road leading from Indian Ridge Road to Great Swamp, East by the lands of J.T. & N.W. GREGORY, South by the lands of T.W. NEWBERN & West by the said Indian Ridge Road containing 258 acres.
B - "Thirty-Five Acre Tract" - bounded on the North by the lands of J.T. WOOD, East by Indian Ridge Road, South by the lands of J.B. WHITE & children & West by the lands of the late D.C. WHITEHURSTs heirs, containing 35 acres.
C - "Williams Tract" - bounded on the North by the Main Road leading from Indian Ridge Road to the North River Road, East by Indian Ridge Road, South by North River Road, & West by the lands of E.L. DOUGH & what is known as the "Bell Tract", containing 188 acres.
D - "Bell Tract" - bounded on the North by the lands of E.L. DOUGH, East by the "Williams Tract" & the "S.P. Wilson Tract", South by Indian Town Creek & West by the lands of one NEWTON & the Main Road, containing 167 acres.
E - "Juniper Ridge Tract" - bounded on the North by the lands of W.H. BRAY, East by the lands of P.H. MORGAN, the "Gregory Tract" and the lands of T.M. BELL, South by the lands of the said P.H. MORGAN, and West by the Juniper Ridge Road and the lands of Samuel W. GREGORY, containing 185 acres.
F - "Gregory Tract" - bounded on the North by the road leading from Indian Ridge Road to Juniper Ridge Road, East by the Norfolk & Southern Railroad, South by what is called the "Tully Bell Lane" and the lands of T.M. BELL, and West by the "Juniper Ridge Tract", containing 2081/2 acres
G - "McClannan Tract" - bounded on the North by the road leading from Indian Ridge Road to Juniper Ridge Road and the lands of T.D. WALKER, East by the lands of George E. STEVENSON, South by the lands of George E. STEVENSON and the "Tully Bell Lane", and West by the Norfolk & Southern Railroad, containing 134 acres.
H - "Bell Woods Tract" - bound on the North by the "Dempsey Williams Tract", East by the East Ridge Road, South by the East Ridge Road, and West by the lands of J.E.C. BELL, containing 90 acres.
[Each of the above tracts were described in detail in one of the documents and each tract had a drawn plat.]The interests of the parties aforesaid in the said lands & improvements are as follows:
1. Mary A. BELL one undivided third thereof in fee simple.
2. Addie B. FLORA one undivided third thereof in fee simple.
3. E.W. BAXTER a life estate and Mary A. BAXTER, Helen BAXTER, Margaret BAXTER and Lucy BAXTER the remainder in fee simple in one undivided third thereof.
/s/ J. Haywood SAWYER, Attorney for Petitioners2 Sep 1902 - J.E.C. BELL & wife Mary A. BELL vs. R.E. FLORA & wife & others - Affidavit for Guardian Ad Litem . Mary A. BELL, one of the petitioners in this proceeding, states that Mary A. BAXTER, Helen BAXTER, Margaret BAXTER & Lucy BAXTER are infants of the age of 12, 8, 5 and 3, respectively, and have no guardian. She asks the Court to appoint a guardian ad litem for said infants. /s/ Mary A. BELL
3 Sep 1902 - Order appointing Guardian Ad Litem - Ordered by the Court that G.W. WILLIAMS be appointed guardian. /s/ E.W. ANSELL, Clerk Superior Court
29 Sep 1902 - Answer of Guardian Ad Litem - G.W. WILLIAMS asks the Court for a partition of the lands mentioned in the petition. /s/ G.W. WILLIAMS, Guardian Ad litem
20 Dec 1902 - Report of Commissioners - Commissioners met on December 13, 1902 to allot in severalty the lands described in the petition. They found the entire property to be valued at $10,829.00 which, divided into 3 equal parts is $3609.662/3 for each share. They allotted the following:
I. Mary A. BELL the home tact which is called the "Humphries Tract" in the petition, & the "Thirty-Five Acre Tract" together containing 293 acres & valued at $3223.00. And also that portion of the East Ridge Tract, called the "Bell Woods Tract" in the petition, designated as Lot #2 containing 47 acres & valued at $315.00 making the total of her share $3538.00.
II. Addie B. FLORA the "Gregory Tract" containing 2081/2 acres & valued at $2085.00; the "McClannan Tract" containing 134 acres & valued at $1072.00 & also that portion of the East Ridge Tract called the "Bell Woods Tract" in the petition, designated as Lot #1, containing 43 acres & valued at $315.00, making the total of her share $3472.00.
III. E.W. BAXTER for life & remainder to the dependants Mary A. BAXTER, Helen BAXTER, Margaret BAXTER & Lucy BAXTER in fee simple, the "Juniper Ridge Tract" containing 185 acres & valued at $1480.00, the "Williams Tract" containing 188 acres & valued at $1504.00 and also the Penny Bell tract, called in the petition the "Bell Tract" containing 167 acres & valued at $835.00, making the total value of this share $3819.00. This share is in excess of the other 2 shares so E.W. BAXTER will pay Mary A. BELL $71.67 and Addie B. FLORA $137.67 in order to make the division equal.
/s/ J.L. DeCORMIS, A.M. WILLEY, P.H. MORGAN, Commissioners9 Jan 1903 - Confirmation of Commissioners Report. /s/ E.W. ANSELL, Clerk of Court
6 Mar 1903 - Final Account of J.E.C. BELL, administrator of the estate of Mrs. M.D. BAXTER, dec'd. - Balance due the estate was $1466.83 which is to be divided into 3 equal parts, to wit: Mary A. BELL is entitled to $488.941/3, Addie B. FLORA is entitled to $488.941/3 and E.W. BAXTER is entitled to $488.941/3. /s/ J.E.C. BELL
[Source: Currituck County Record of Estates 1812-1926; Vol. Ashby-Brumsey (Microfilm G.030.1862908)]
This estate was contributed by Kay Midgett Sheppard. No part of this document may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research. If you find anything in these records that pertains to your families, it is strongly suggested that you look at the original record on your own to check for errors or possibly other additional and helpful information. Thank you!
© 2006 Kay Midgett Sheppard
