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Currituck County Estates

Marion B. Crank - 1900

29 Jan 1900 - Petition for Partition.  J.T. CRANK, Maggie L. CRANK, Nora E. GUARD, & T.M. GUARD, plaintiffs, vs. Mamie B. CRANK, defendant.  Petitioners complain and allege:

 1st That Marion B. CRANK died intestate in Currituck County on the 23d day of September 1883 and that the said deceased was seized in fee simple of the following described real property:
    A.  A parcel of land lying in Currituck County which Marion B. CRANK bought from W.E. STONE & wife beginning at Reedy Branch from the Main Road to the old ditch, then an easterly course by a line of marked trees to Hodges GALLOP's, decd, land, then a southerly course binding on the lands of Elijah GREGORY's heirs, then to the land of Hodges GALLOP's heirs, then a westerly course to the Main Road, down said road to the first station, containing 100 acres more or less.
    B.  A parcel of land containing 348 acres known as the "Toler Tract" and bounded on the north by the lands of Joseph CASE, on the east by the Main Road leading from Currituck C.H. to Powell's Point, south by the lands of J.S. JOHNSON and west by Albemarle Sound, the same being the tract of land whereon Nora E. GUARD and T.M. GUARD now reside.

2nd  That C.S. CRANK was the lawful husband of Marion B. CRANK and the father of the said plaintiffs and defendant and that the said C.S. CRANK is now deceased.

3rd  That J.T. CRANK, Maggie L. CRANK, Nora E. GUARD who is the wife of T.M. GUARD, & Mamie B. CRANK are the sole surviving children and heirs at law of Marion B. CRANK, deceased, and that their interest in the described parcels of land is as follows:
    a. J.T. CRANK is entitled to 1/4 part in the land aforesaid.
    b. Maggie L. CRANK is entitled to 1/4 part in the land aforesaid.
    c. Nora E. GUARD, wife of T.M. GUARD, is entitled to 1/4 part in the land aforesaid.
    d. Mamie B. CRANK is entitled to 1/4 part in the land aforesaid.

4th That Mamie B. CRANK is a minor over 14 years of age without general or testamentary guardian.

5th That the plaintiffs desire to hold their land in severalty.

Wherefore petitioners pray that commissioners be appointed to view the aforesaid parcels of land and divide the same into four equal share by proper metes and bound and allot to each of your petitioners such shares.  /s/ T.M. GUARD, Nora E. GUARD, Maggie L. CRANK, J.T. CRANK
[This same petition was found 2 more times in the estate folder, all written in different hands.  Two appeared to be copies and one appeared to be the original.]

29 Jan 1900 - Application for Guardian ad Litem.  J.T. CRANK, Maggie L. CRANK, Nora E. GUARD, & T.M. GUARD, plaintiffs, vs. Mamie B. CRANK, defendant.  J.T. CRANK, one of the plaintiffs, respectfully shows the Court that Mamie L. CRANK, the defendant, is a minor and without a guardian.  He therefore makes application to the court to appoint a suitable person to represent her in the above petition.

5 Feb 1900 - Appointment of Guardian ad Litem.  W.H. BRAY is hereby appointed guardian ad litem for Mamie B. CRANK in the above cause and is directed to appear and defend the same on her behalf as such guardian.  /s/ E.W. ANSELL, Clerk Superior Court

5 Feb 1900 - Answer.  W.H. BRAY, guardian ad litem for Mamie B. CRANK, says  that all the allegations set forth in the petition are admitted.  /s/ Wm. H. BRAY, Guardian adlitem

19 Feb 1900 - Order appointing Commissioners.  The petition in this cause being heard, it is ordered by the Court that T.E. NEWBERN, W.L. OWENS and Willis GALLOP be appointed Commissioners to divide the land described in the petition into four equal share and to allot to each of the heirs at law one share in severalty.  The commissioners are empowered to employ the county surveyor who shall make out a map of the premises showing the quantity, courses and distances of each share, which map shall accompany and form part of the report of the Commissioners.  Said Commissioners shall within 60 days after service of notice of their appointment make a full report of their proceedings.  /s/ E.W. ANSELL, CSC

19 Feb 1900 - Notice to the Sheriff of Currituck County.  You are hereby directed to notify T.E. NEWBERN, W.L. OWENS and Willis GALLOP that they have been appointed Commissioners in the above entitled cause to divided the lands described in the petition.  /s/ E.W. ANSELL, Clerk Superior Court

8 Mar 1900 - Commissioners Oath.  Each of you swear that in the petition of the real estate now about to be made by you, you will do equal and impartial justice among the several tenants in common according to their several rights, and agreeable to law.  /s/ Thos. E. NEWBERN, W.L. OWENS, W.H. GALLOP.  Sworn before E.V. MELSON, J.P.

13 Mar 1900 - Commissioners Report.

Share #1 - Mamie B. CRANK
Share #2 - Nora E. GUARD
Share #3 - J.T. CRANK
Share #4 - Maggie L. CRANK

Share #1 shall pay to share #4 $100.00.

Share #2 shall pay to share #4 $50.00.

Share #1 (The Homestead Share) - Bound on the east by the main road, on the south by the lands of J.S. JOHNSON, deceased, on the west by the deep swamp, and on the north by share #2 which is the division line between share #1 & share #2.

Share #2 - Bound on the east by the main road, on the south by share #1, on the west by the deep swamp, and on the north by the lands of Joseph CASE.

Share #3 - Beginning at Reedy Branch from the main road to the old ditch binding the lands of George GALLOP on the east, the lands of John PARKER on the south, the lands of share #4 on the west, and by the main road containing 25 acres, the same being the store lot share.

Share #4 - Bound on the north by share #3, on the east by the lands of Thos. HUBBARD, on the south by the lands of W.H. WATERFIELD and on the west by the main road.

/s/ Thos. E. NEWBERN, W.L. OWENS, W.H. GALLOP - Commissioners

9 April 1900 - Confirmation of Commissioners Report.  It appears to the Court that Commissioners filed their report in this Court on March 19, 1900 and no objection being filed by the parties within the 20 days allowed by law, it is therefore decreed by the Court that the said report is hereby confirmed.  It is also adjudged by the Court that the cost of this proceeding be paid by the parties as follows: Mamie B. CRANK be taxed 1/4 thereof ($4.783/4); Nora E. GUARD be taxed 1/4 thereof ($4.783/4); J.T. CRANK be taxed 1/4 thereof ($4.783/4); and Maggie L. CRANK be taxed 1/4 thereof ($4.783/4).  /s/ E.W. ANSELL, Clerk Supr. Court

3 Dec 1900 Elizabeth City, NC - Letter from Roscoe W. TURNER, Attorney at Law, to Mr. ANSELL.  Dear Mr. ANSELL, Please have the enclosed mortgage rescinded immediately and return same at your earliest opportunity to me.  /s/ Roscoe W. TURNER

[Source: Currituck County Record of Estates 1812-1926; Vol. Brumsey-Ferebee (Microfilm G.030.1862909)]

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!

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2007 Kay Midgett Sheppard