Gill Document 17

Transcribed by Daniel B. Olds from a copy of the original generously provided by Jim & Brenda Hicks

North Carolina Superior Court

Wake County March Term 1884

E.E. Gill, Francis C. Fort, Silas R. Gill, Wm. B. Dunn & wife Elisa A. Dunn, L.E. Dunn & wife M.A. Dunn & D.D. Gill

Vs

James E. Gill, Amelia K. Gill, Susan L. Gill & H.P. Gill

It appearing

from the sworn complaints herein that the plaintiffs & defendants herein, except the defendant H.P. Gill, entered into a compromise for the division of the lands of David Gill deceased. A description of said lands being set out in the complaints herein and it appearing that H.P. Gill has relinquished all his interests in the estate of David Gill dec’d and makes no claim thereto it is adjudged, the defendants failing to answer the complaints herein, that the compromise so set out in this complaint is and should be binding and of full force between all the parties thereto, same bringing the parties to this action except H.P. Gill. It is further adjudged that H.P. Gill has no interest in the real estate described in the complaint in this cause or the personal property of said David Gill. It is further ordered and adjudged that the plaintiffs herein convey to James E. Gill, Amelia K. Gill and Susan L. Gill all the right, title and interest they have as heirs-at-law of David Gill deceased, of, in and to the following described real estate situate in Wake County known as land of the home tract of David Gill dec’d and more fully described as follows: Beginning at G.B. Allen’s line near the rock spring running nearly a southerly course along the fence back of the woods opposite the southeast corner of the Browning field, thence with said field to H.C. Ray’s line, thence with said Ray’s line to the old road. They to have and to hold all of the land of David Gill dec’d West of said line in as full & ample manner as the parties to these presents have the right to convey to the said James E. Gill, Amelia K. Gill & Susan L. Gill their heirs and assigns. And it is further ordered that the effect of this rule to execute a deed is to transfer to said James E. Gill, Amelia K. Gill & Susan L. Gill the legal title to said property to be held in the same light, condition and estate as though the conveyance ordered was in fact executed. It is further adjudged that lands heretofore ? to be conveyed to said James E. Gill, Amelia K. Gill & Susan L. Gill is in full of all their right, title and interest of, in & to any and all of the real estate of David Gill deceased save & except their inherent interest as heirs-at-law of David Gill dec’d in a tract of land in Barton’s Creek Township and being the land conveyed to David Gill by H.P. Gill said to contain 55½ acres which is fully described in the complaint herein. It is further adjudged that the plaintiffs are entitled to the balance of the home tract after deducting the quantity above described as belonging to James E. Gill, Amelia K. Gill & Susan L. Gill, and these they hold the same free of any claims, rights & control of the defendants herein and it is further adjudged that the plaintiffs are the owners of and are entitled to the ? of all the lands described in the complaint herein save and except that directed to be conveyed to the defendants James E. Amelia K. & Susan L. Gill hereinafter mentioned and the tract of 55½ acres herein referred to which belongs to plaintiffs and said defendants, except H.P. Gill, as tenants in common. It is further adjudged that the defendants James E. Gill, Amelia K. Gill & Susan L. Gill convey to the plaintiffs herein all the right, title & interest they have of, in and to all the lands described in the complaint and all the land owned by David Gill deceased at his death save and except the 55½ acre tract above mentioned and the land directed to be conveyed to said defendants who shall hold the same to them & their heirs free from the control, management, claim, interest or estate or otherwise of said James E. Gill, Amelia K. Gill & Susan Gill. The effect of this order is to convey to the plaintiffs herein the legal title to said lands to be held by them in the same ? conditions and estate as though the conveyance ? to be made by James E., Amelia K. & Susan L. Gill were in fact executed. It is further ordered that the plaintiffs recover of the defendants, James E. Gill, Amelia K. Gill & Susan L. Gill, the costs of this action.

A.C. Avery

Judge Presiding

  

Sources: Wake County courthouse records, Federal Census records.


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