PETITION FOR DISTRIBUTIVE SHARE OF THE ESTATE OF HENRY KING
Rick Richter , Enterprise, Alabama submits
a transciption of an 1831 lawsuit filed by Malcom James and Barbara King Buie against
Henry James King, Executor for a Distributive Share of the Estate of Henry King of Cumberland County, North
Carolina. Barbara and Henry James King were sister and brother.
This page was posted on November 29th, 2000
Malcom J. Buie & Wife
Henry James King, Executor
Petition for Distributive Shares
Copy for Defendant
To June Term 1831
Rcvd April 5th 1831
Not in my baliwick, Henry James King
Lives in South Carolina.
signed John (Blackney?)
State of North Carolina,
Cumberland County -
March Term 1831
To the Worshipful the Justices of the court of Pleas and Quarter Sessions of the County of Cumberland.
The petition of Malcom James Buie and his wife Barbara humbly complaining showith to your worships that about
the year 1822 a certian Henry King late of theCounty of Cumberland, died possessed of certian personal property. That the deceased left a wife and divers children viz., Ezekial, Michael, Henry James, Joseph, Mary Ann, Barbara, Sarah, Elizabeth Ann and Eliza, That the said Henry before his death, to wit on the 16th November in the year 1821(date of the will) leaving his wife Barbara as his executrix and his son Henry James executor which will has been legally committed to probate and the aforesaid Executrix and Executor having in accordance thereto qualified to the same, and that the testator bequethed certian specific legacies to his wife Barbara, and among other things two negros called and known by the name of Taff and Chany, to be held and enjoyed during her natural life and after the determination thereof to be equally divided between his four youngest daughters, Barbara, Sarah, Elizabeth Ann and Eliza. as apperars by the will which your petitioners pray may be taken as a part of their petition.
That Barbara the wife of the testator died about the 1st of May in the year 1828 and that the said negros Taff
& Chany had been hired out since the death of the said Executrix by the Executor Henry James King and that
your petitioners have not recieved any part or share of the hire of said negros, but that the proceeds
thereof is still in the hands of said Executor.
And your petitioners further showith to your worships that in the year 1820 he intermarried with Barbara
of the before mentioned youngest daughters of the testator. Your petitioners further showith that the
said Executor Henry James King is a resident of another state, whereby his attention the the estate and
proper management of the property is rendered uncertain, and without a due regard for the interest of
said estate and to the injury of those your petitioners-
They therefore humbly pray your worships to grant these your petitioners an order of sale of said negros
Taff and Chany to the end that an equal division may be made of them between the aforesaid four youngest
daughters agreeable to the manifest intention of the said Testator. and that such other proceedings maybe
had as your worships may deem proper and right requiring said Executor to render unto your petitioners
their due proportion of their distributive share bequiethed them by the Testator and your petitionbers
as in duty bound will ever pray.
Copy list- D. McDiarmid
signed Malcom J. Buie
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