Lenoir County NcArchives Court.....Kitty Kornegay Et Al, George Smith Vs 1857
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File contributed for use in USGenWeb Archives by:
Sloan S. Mason http://www.genrecords.net/emailregistry/vols/00016.html#0003873 February 16, 2014, 5:08 pm

Source: Whitfield Grady Collection
Written: 1857

State of North Carolina
Duplin County

Court of Pleas and Quarter Sessions
April Term 1857

To the worshipful, the Justices of said Court The petition of George SMITH 
against Kitty KORNEGAY, William HOUSTON & child (name unknown) Thomas Hill 
KORNEGAY'S child, an infant (name unknown to your petitioner) Kitty Eliza 
KORNEGAY, Abraham KORNEGAY, Whitfield GRADY & wife Eliza, William Kornegay HINES 
and Zilpha, his wife, George W. KORNEGAY. William BOSTICK and Polly his wife, 
Frederick GRADY and Ann his wife, his wife and Zack SMITH administrator of 
Winney KORNEGAY and William Henry KORNEGAY respectively showeth unto your 
worshipps that Winney KORNEGAY and William Henry KORNEGAY being entitled by the 
will of William KORNEGAY deceased to two fifths,, what is to say one fifth each, 
of and to the following negro slaves=to wit Joe, Prince, Peg and her five 
children, Allen, Sarah, Stark, Ede & Rachel; Hannah and her two children, Dilcy 
& Willis; as mentioned in said will of William Kornegay subject tot he life 
estate of Kitty KORNEGAY, Nancy Thomas KORNEGAY, who married William HOUSTON and 
died leaving a child Thomas Hill KORNEGAY, and Kitty Eliza KORNEGAY by the 
provisions of said will, being entitled to the the other three fifths, died 
intestate and without issue, without having their shares in said property set apart 
to and for them, and Zack SMITH was duly appointed administrator upon their respective 
estates.  That the said Kitty KORNEGAY, being the mother of the said Winney and William 
Henry, became entitled upon their deaths to one ninth part of their respective 
estates that the said Kitty being so entitled, conveyed her interest and title 
in said property to Blany WILLIAMS, and the said Blany conveyed the same to 
George SMITH your petitioners.
Your petitioner further showeth that the said negroes have been divided and 
partitioned among the defendants without assigning to your petitioner or the 
said Blany Williams my portion of said property. Your petitioner further shows 
that he desires to have the said Slaves divided, and two fifths thereof set 
apart to and for your petitioner, but that a division in kind cannot be made 
without injury to the parties concerned. Your petitioner therefore prays your 
worships to order a sale thereof, on such terms as to your worships may seem 
best, and that the proceeds of the sale may be divided among your petitioner and 
the defendants according to their respective rights and interests in said 
slaves. May it please your worships to grant unto your petitioner the states 
writ of subpoena to the said Wm. HOUSTON & child. Zack SMITH administrator as 
aforesaid Kitty KORNEGAY, Thomas Hill KORNEGAY'S child ( name unknown) Kitty 
Eliza KORNEGAY Whitfield GRADY & wife Eliza (in Lenoir) Wm. KORNEGAY (Wayne) 
William BOSTICK? & wife Polly, Frederick GRADY & wife Zilpha Ann, surviving 
child of Charlotte SMITH, respectively, to be directed, Commanding them to 
appear and answer, - & to order publication to be made as to the said George W. 
KORNEGAY and  Hines and his wife Zilpha who reside beyond the limits of this 
State, notifying them of the filing of this Petition, and directing them to 
appear and answer - and your petitioner as in duly bound will ever pray.
HOUSTON & ALLEN Attns for Petitioner

A true copy
John J. Whitehead, Clerk

Case cover page
George Smith
VS
Kitty Kornegay & Others

Copy Petition to be Delivered
to Whitfield Grady & wife Eliza




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