NC Archives, Jones Co. Estates

Executor of Rigdon P. Hewitt Sr.

vs.

Ethel E. Hewitt, Leinster C. Hewitt, Lisbon D. Hewitt, Joseph D. Hewitt, Rigdon E. Hewitt and Sarah F. Gurganus, and Fannie A. Hewitt, widow of Rigdon P. Hewitt Sr., heirs at Law and devises of Rigdon P. Hewitt Sr. deceased

To the Clerk of the of Jones County:

The Petition of Samuel L. Gerock Executor to the last will and testament of Rigdon P. Hewitt Sr. deceased respectfully showith:

1st That he and the defendant Fannie A. Hewitt duly qualified as Executor and Executrix respectively of the last will and testament of the said Rigdon P. Hewitt Sr. before the Clerk of the Superior Court of Jones County on the [blank] day of [blank] 1893 and at once entered upon the Administration of said Estate

II That from the best information and knowledge which your petitioner has been able to obtain the outstanding indebtdness of the estate of his testator at the time of his death amounted to the

[no copy received of page 2 of petition]

of Black Swamp, and containing about fifteen acres, an Known as the Jacob Meadows grant, to which grant reference is made for fuller description, and worth about fifteen dollars as your petitioner is informed and believes.

V That Rigdon P. Hewitt Sr. died in the year 1893 and left a last will and testament which is hereunto attached, and made a part of this petition

VI That said decedant left him surviving the following named devises, Fannie A. Hewitt, his widow. Rigdon P. Hewitt Jr. and Sarah F. Gurganus wife of George W. Gurganus, and the chidlren of Rigdon P. Hewitt Jr.

VII That Rigdon P. Hewitt Jr. died in the year 1894, leaving him surviving Ethel E. Hewitt, Leinster C. Hewitt, Lisbon D. Hewitt, Joseph D. Hewitt, and Rigdon E. Hewitt, all of whom are minors.

VIII That the defendants Ethel E. Hewitt, Leinster C. Hewitt, Lisbon D. Hewitt, Joseph D. Hewitt and Rigdon E. Hewitt are infants without a general guardian.

IX That Fannie A. Hewitt widow of Rigdon P. Hewitt Sr., Ethel E. Hewitt, Leinster C. Hewitt, Lisbon D. Hewitt, Joseph D. Hewitt and Rigdon E. Hewitt are residents of the County of Jones, that Sarah F. Gurganus wife of George W. Gurganus is a resident of the County of Onslow of NC.

X ThatFannie A. Hewitt widow of Rigdon P. Hewitt Sr. refuses to join the petitioner on bringing this proceeding upon the ground that the will gives to her a certain tract of land for the term of her natural life in lieu of dower, and that she had accepted under the will, and would not therefore approve the sale of that portion of the land devised to her by said R. P. Hewitt Sr. deceased to her in lieu of dower as your petitioner is informed and believes.

XI That a sale of said land or a part thereof is necessary to pay the debts of said estate, together with the cost and charges of the Administration Wherefore your petitioner prays first that a decree may be made by this Court fo the sale of said land, or a part thereof on such terms as the Court may direct, Second that a Commissioner be appointed to sell said lands under the direction of the Court, and third for such other and further relief as the petitioner may entitle to.