Gill Document 16
Transcribed by Daniel B. Olds from a copy of the original generously provided by Jim & Brenda Hicks
North Carolina, Wake County
In the Superior Court
January Term, 1884
E.E. Gill, Frances C. Fort, Silas R. Gill. Wm. B. Dunn & wife Eliza A. Dunn, L.C. Dunn & wife M.A. Dunn and W.W. Gill, Plaintiffs
Vs
James E. Gill, Amelia K. Gill, Susan L. Gill & H.P. Gill, Defendants.
The plaintiffs above named complaining, alleges
I. That the plaintiffs E.E. gill, Frances C. Fort, Silas R. Gill, Eliza A. Dunn and W.W. Gill and the defendants James E. Gill, Amelia K. Gill and Susan L. Gill as heirs-at-law of their father David Gill lately deceased inherited the following described real estate viz:
1st A tract of land known as the "home tract" upon which the said David Gill lived at the date of his death, situate in said County in New Light and Wake Forest Townships, adjoining the lands of the heirs of J.A. Hicks dec’d, Geo. W. Thompson, Geo. B. Allen, A.J. Hartsfield, Alf. Dunn and the Neuse Mfg. Co. and containing one thousand and twenty five acres, more or less.
2nd Another tract of land known as the "Crenshaw" tract situate in said County in Neuse Township adjoining the lands of J.L. Dunn, the heirs of J.B. Lassiter dec’d, N. Bolton and the Neuse Mfg. Co. containing three hundred and thirty three acres more or less and being the land purchased by said David Gill from Jno. M. Crenshaw.
3rd Another tract of land situate in said County in Barton’s Creek Township described as follows: Beginning at a stake & pointers Philip Thompson’s Corner running East 55 ½ poles to a stake & pointers Rebecca Thompson’s Corner, thence South 159 poles to a stake & pointers Sarah Mangum’s Corner, thence West 55 ½ poles to a stake & pointers Philip Thompson’s Corner, thence North with his line 159 poles to the beginning, containing fifty five acres more or less and being the land conveyed to said David Gill by H.P. Gill.
II. That in addition to the real estate aforesaid the said David Gill at his death left a large amount of personal property.
III. That on the 15 day of December 1882,the heirs-at-law of said David Gill aforesaid (with the exception of said H.P. Gill) executed a certain instrument of writing under their hands and seals whereby they agreed to divide and apportion said real and personal property amongst themselves in ? as set forth in said instrument, which is hereto attached and asked to be taken as part of this complaint.
IV. That the defendants James E. Gill, Amelia K. Gill & Susan L. Gill refuse to abide by and perform the said contract as contained in said instrument of writing and claim the whole of said real estate as plaintiffs are informed.
V. That the defendant H.P. Gill has relinquished his interest and estate in said real and personal property and has not and makes no claim to any estate, title or interest in and to the same.
VI. That in pursuance of said agreement and in part execution of the same the administrator of said David Gill, at the request and direction of said plaintiffs, delivered to the said defendants James E. Gill, Amelia K. Gill and Susan L. Gill, a large portion of the personal property which they were to receive under said agreement including the household and kitchen furniture therein mentioned.
VII. That in pursuance of said agreement the said defendants James E. Gill, Amelia K. Gill and Susan L. Gill took possession of the real property they were to receive under the same and have since been in constant possession and use of the same.
Whereupon plaintiffs pray judgment that the defendants James E. Gill, Amelia K. Gill and Susan L. Gill may be adjudged to execute such deeds and do and perform such other acts as may be necessary to effectuate said contract of settlement.
And for such other orders and decrees as may be fit and necessary in the p? and for costs.
Recorder, Busbee Busbee
Pace & Holiday
Plffs Attys
Wake County ss-
E.E. Gill being sworn says the facts set forth in the forgoing complaint as of his own knowledge are true. Those stated on information and belief, he believes to be true.
Sworn subscribed before E.E. Gill (signature)
me this 9 day of Feby 1884
W.C. Brewer, Justice of the Peace.
NOTE: The above Complaint was filed on February 13, 1884.
Sources: Wake County courthouse records, Federal Census records.
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