[Franklin County, NC - Estate of John Stallings, 1858] [This file was contributed for use in the USGenWeb Archives by Callie J. Stallings ] ~~~~~~~~~~~~~~~~~~~~~~~ The history of the Stallings Family of Franklin County, NC is found in Estate Records since they died intestate. My great-great grandfather was John Stallings of Cedar Rock, Franklin County, NC, He left no will and everyone assumed that was that, yet a search of the NC State Archives has yielded a wealth of information on those that died intestate. State of North Carolina, County of Franklin Court of Equity - Spring Term 1858 To the Honorable the Judge of said Court: - The petition of Irvin Stallings, Bennett Stallings, Mary Upperman, James Collins and Maria his wife, Norfleet Perry, Joseph Perry, Doctor Murphy, James Wester and Ann his wife, Irvin M. Stallings, Calvin Stallings, and Grey Murphy, and John Murphy, infants under twenty one years of age by his next friend James Murphy, James M. Swanson, an infant under the age of twenty one years by their next friend Harrell Harris and Rufus Stallings and Bettie Stallings infants under twenty one years of age by the next friend John W. Bathrop. V.S. Solomon Stallings, C.H. Stallings, George W. Stallings, Patsy Stallings, Elizabeth A. Stallings, Jacky Stallings, Bryant Arnold, (William Boen Arrendell) and Sally his wife and _____Stallings, (Son of Green Stallings deceased) Showith unto your Honor, Your petitioners, that John Stallings late of said County, died intestate and without a wife sometime in the year 1857, leaving him surviving your petitioners and the defendants, his only heirs at law upon whom his Real Estate descended as tenants in Common. Your petitioners further show that your petitioners, Irvin Stallings, Bennett Stallings and Mary Upperman are the only living children of the said John Stallings, and are each entitled to one eighth (1/8) part of his Real Estate, Maria Collins is the only child and representation of Nancy Cope, a deceased daughter of said John Stallings and is entitled to one eighth (1/8) part of his Real Estate, Norfleet Perry and Joseph Perry are the only children representations of Jincy Perry, a deceased daughter of said John Stallings and are entitled to one eighth (1/8) part of his Real Estate to be equally divided between them, Doctor Murphy, Grey Murphy, John M. Murphy, and Ann Wester are the only living children of Jackey Murphy a deceased daughter of the said John Stallings and James M. Swanson is the only child of Adeline Swanson, a deceased child of the said Jackey Murphy, and the said Doctor Murphy, Grey Murphy, John M. Murphy, Ann Murphy, and James M. Murphy are entitled to one eighth (1/8) part of the Real Estate of the said John Stallings to be equally divided between them, C.H. Stallings, J.M. Stallings, G.W. Stallings, Langdon Stallings, Signora Stallings, Oliver Stallings, Rufus Stallings and Bettie Stallings are the only children and representations of Hilliard Stallings a deceased son of the said John Stallings and are entitled to one eighth (1/8) part if the Real Estate to be equally divided between them, and Calvin Stallings, Solomon Stallings, Patsy Stallings, Elizabeth A. Stallings, Jacky Stallings, and Sally Arnold (Arrendell) are the only living children of Davis Stallings, a deceased son of the said John Stallings and _____ Stallings is the only child of Green Stallings, a deceased son of the said Davis Stallings, and the said Calvin Stallings, Solomon Stallings, Patsy Stallings, Elizabeth A. Stallings, Jacky Stallings, Sally Stallings and _____ Stallings are entitled to one eighth (1/8) part of the Real Estate of the said John Stallings to be equally divided between them - Your petitioners further show that the said John Stallings was at the time of his death "secihed in fer simple" of a tract or parcel of land situated in the County aforesaid adjoining the land of W.D. Webb, John Stallings, Grey Stokes, James Gilliam, Irvin Stallings, Sally Wood, William Earls, Thomas Cope and Harrell Harris containing, by estimate three hundred and sixty eight acres (368 acres.) Your petitioners further show that they desire to have partition of said land among them and so said according to their petition rights and interests therein, but owing to the size of said tract of land, the numbers of parties interested Ie, it is impossible that actual partitioning thereof can be made without injury to the parties’ interest. Your petitioners further show that all the fore said are beyond the limits of this State or that their places of residence are unknown to your petitioners - To the end therefore that the said defendants may answer the premises, that the said land may by a decree of your Honor be sold, on such terms as your Honor may decree just and reasonable and the proceeds of said sale may be divided among your petitioners and the defendants according to their respective interests in said land, and may be paid to or secured for them according to law and the cause of the Court, may it please your Honor to concur publication to be made for the defendants, Solomon Stallings, C.H. Stallings, George W. Stallings, Patsy Stallings, Elizabeth A. Stallings, Jackey Stallings, Bryant Arnold, (Arrendell) and Sally his wife, and _____ Stallings (Son of Green Stallings), who are beyond the limits of this State, notifying them of the filing of this petition and directing them to appear and answer I.e. - And your petitions as in duty bound will ever pray I.e. – Gilliam & Davis Ses for the Petitioners Source: North Carolina State Archives Estate Records Xerox Request North Carolina, Franklin County, Court of Equity Bennett Stallings makes oath that he is well acquainted with the tract of land described in the foregoing petition, and that owing to the size of said tract, the quality of the lands and the number of persons entitled to shares therein, he does not believe that actual partitioning of the same could possible be made with out serious injury to the parties. His Bennett (B) Stallings Mark Sworn and subscribed before me this the 8th day of July 1858 Thos. K. Thomas CME Source: North Carolina State Archives Estate Records, Xerox Request North Carolina, Franklin County, Court of Equity Fall Term 1859 Irvin Stallings & Others V.S. Solomon Stallings & Others It appearing to the satisfaction of the Court, from the report of the Clerk & Master that the whole of the purchase money has been paid into the office amounting to the sum of Fifteen hundred and one - 44/100 - dollars, it is ordered and decreed that the Master convey and assume the Land Specified in the petition to the purchaser Alexander Stallings, "In fee simple" - and the Master having stated the costs of this suit, including allowances, at $55.75 the court doth order the sum to be retained and paid out of the fund in Court, and the residue there of, to remit the sum of Fourteen hundred and forty five and 69/100 dollars ($1,445.69) the court oath under the Clerk & Master to pay out and dispose of as follows, to Wit; The shares of the Petitioners, Irvin Stallings, Bennett Stallings and Mary Upperman, each being one-eighth of the whole, and to be paid to them respectively, this agent is assigned - The shares of Norfleet Perry and Joseph Perry one eighth of the whole to be equally divided between is to be paid to them separative as their agents is assigned - If James Collins and Maria his wife shall join in a conveyance of the share of the said Maria, which is also one eighth of the whole, in the forms required by Law in this transfer by husband & wife, of the Real Estate of the wife, then the Master is to pay said share according to Deed of assignment - The share of Doctor Murphy being one fifth of one eighth of the whole is to be paid to him as his agent is assigned - If James Wester, and Ann, his wife, shall join in a conveyance of the Share of the said Ann, which is one fifth of one eight of the whole in the forms required by Law in the transfer by husband and wife, of the real estate of the wife, thru the Clerk and Master shall pay such share according to such Deed of assignment - The shares of the infants, Grey Murphy, John Murphy, and James Swanson, each being one-fifth of one-eighth of the whole, is to be paid to their Respective Guardians, upon this filing in the office of this court duly Certified Copies of the Record of this Appointment, and upon satisfying the Master that the Guardian bonds are sufficient to protect the whole of the Estate of said Wards, whenever situated - The sum of C.H. Stallings, John M. Stallings and George W. Stallings, each being one-eighth part of one-eighth of the whole, is to be paid to them or their respective agents as assigns the share of the Infants, Langdon Stallings, Oliver Stallings, Signora Stallings, Rufus Stallings and Bettie Stallings, each being one-eighth of one-eighth of the whole, an to be paid to their respective Guardian upon their filing duly Certified Copies of their Appointments, upon satisfying the Master that their Guardian Bonds are sufficient to protect the whole of the Estate of said Wards whenever situated. The Shares of Solomon Stallings, Calvin Stallings and Jacky Stallings, each being one- seventh of one-eighth of the whole, is to be paid to them or their respective agents as assigned – and it appearing that Martha Stallings has intermarried with James Blacklum if the said Martha and James shall join in a conveyance of the share of the said Martha which is one-seventh of one-eighth of the whole in the forms required by Law in the transfer by husband and wife of the Real Estate of the wife, then the Clerk & Master is to pay such share according to such convenience - and as to the other shares, this Cause is retained - Irvin Stallings Bennett Stallings or assigned Mary Upperman Maria Collins Norfleet & Joseph Perry Doctor Murphy, Grey Murphy, John M. Murphy, Mary Ann Wester, and James M. Swanson, - C.H. Stallings, J.M. Stallings, G.W. Stallings, Langdon Stallings, Signora Stallings, Oliver Stallings, Rufus Stallings, Bettie Stallings To David Stallings Children Pay one eight part - has 7 Children Solomon Stallings Green Stallings (a grand child), 1 cut half 1/7 Calvin Stallings Sally Arnold (Arendell) Martha Blacklum Elizabeth A. (Traylor) Jackey Stallings 7/$186.90 =$26.70 Source: North Carolina State Archives Estate Records, Xerox Request North Carolina, Franklin County, Court of Equity Fall Term 1858- Irvin Stallings & Others V.S. Solomon Stallings & Others The Clerk & Master having filed his report, Showith that on the 15th day of June last, he sold the land named in the Petition, for the sum of $1,472.00 to Alexander Stallings, the highest bidder, and having also filed the bond of the said purchaser, with Irvin Stallings & W.D. Coppedge as sureties, dated on the day aforesaid, and payable twelve months after oath; and the Court deeming said sale fair, and at a just price, and the security good, it is report and sale be in all things confirmed by the Court, and the court doth allow the clerk and Master the sum of $25.00 for the making said sale and for his said Report. The cause is retained for further dentions- Source: North Carolina State Archives Estate Records, Xerox Request ___________________________________________________________________ Copyright. All rights reserved. http://www.rootsweb.com/~usgenweb/copyright.htm This file was contributed for use in the USGenWeb Archives by Callie J. Stallings ___________________________________________________________________