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Loose Estate Papers
Tyrrell County (C.R.096.508.57), Box 57
Wilson, Thomas, 1804
Petition dated July Term 1804 by Samuel Jackson & Devotion Perisher who show that Thomas Wilson, formerly of Tyrrell County,
Was seized and possessed of a 402 acre tract in Tyrrell County when he duly executed and published his last will and testament in writing on
10 Jun 1740 and therein devises as follows, to wit, "I give and bequeath unto my son William and my son Thomas the land and
plantation I bought of Cornelius Fitzpatrick to them and their heirs, executors, administrators & assigns forever after the death of
their mother to be equally divided between them William having the plantation."
Petitioners further show that they have become the purchasers and now owners of that part of the land devised by the said William Wilson
to his son Thomas and that Isaac Patrick & Benjamin Sutton, heir at law of Ashberry Sutton late of Perquimans County, deceased,
are the owners of part of the said lands devised to the said William Wilson and that Sarah Wilson, wife of the said testator
mentioned in his said will departed this life on or about the {blank} day of {blank} in the year of our Lord {blank} and the said lands have
become subject and liable to be divided according to the directions of the said will.
And your petitioners further show that Benjamin Sutton is an infant under the age of twenty one years and that William Reed
of Durants Neck in the county of Perquimans is his guardian duly and lawfully appointed.
And for as much as your petitioners are desirous of attaining a partition of the said lands according to the direction of the said will
and that your petitioners undivided part thereof may be laid off and set apart to them they therefore pray that the county surveyor and five
free holders of said county may be appointed to make partition thereof as the Act of Assembly in said case made and provided directs and may
it please your worships to grant to your petitioners writs of subpoena to be directed to the said Isaac Patrick and William Reed
guardian of the said Benjamin Sutton commanding them to be and appear before your worships at the next term of this court to show cause,
if any they have or can say, why the prayer of your petitioners shouldn't be granted.
Answer of Isaac Patrick at October Term 1805 to the petition of Samuel Jackson & Devotion Perisho. He shows that Thomas Wilson died seized and possessed of a certain tract or parcel of land lying in the county of Tyrrell and executed his last will and testament and devised his land to his two sons William & Thomas Wilson. That the said William & Thomas made a division of the said lands and made the head of Deep Bottom Branch the dividing line between them from every information that he can collect. That in consequence of this division the said Isaac Patrick and those under whom he claims have been in possession of this land up to Deep Bottom Branch upwards of forty years as will more fully appear by the examination of his deed. That Mary Perisho patented the lands in the year 1779 only down to Deep Bottom and as he is informed and verily believes that this patent includes all the lands to which the petitioners can set up any title. This respondent therefore prays that the petitioner's petition, so far it can any way relate or affect this respondent, may be dismissed as frivolous and malicious, and this respondent discharged with his reasonable costs and disbursements, in this behalf most wrongfully expended.
Transcriber's Notes:
See the 1740 will of William Wilson for further information.
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