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Notes for ELIJAH CONCEALER:
Ned Heite on Mitsa website:
Elijah Conselor ( -1826) was named in the 1812 final settlement of his father, Elijah, who died in 1801. He was executor of the estate of Daniel Durham in 1801. His estate was administered in 1826 by Elisha Durham, who signed his name, and by his widow, Elizabeth Conselor, formerly his brother's widow,who signed with a mark.
Mitsawokett website:
ELIJAH CONSELLOR (1845) ORPHAN'S COURT FILE
In the case of the Real Estate of Elijah Consellor deceased. Recognizance taken in the Orphans' Court, holden at Dover, in Kent county, the 30th day of October in the year of our Lord, one thousand eight hundred and forty five on ordering the real estate late of Elijah Consellor of Kent county, deceased.
BE IT REMEMBERED, That on this 30th day of October in the year of our Lord, one thousand eight hundred and forty five Presley Spruance of Duck Creek hundred, in the county aforesaid, and Enoch Spruance of Duck Creek hundred, in the county aforesaid, and Caleb H. Sipple of Dover hundred and county aforesaid, personally came here into the Orphans' Court of Kent county, holden at Dover, the day and year aforesaid, and jointly and severally acknowledge themselves to owe to the State of Delaware, the sum of $373.12 lawful money of the United States of America, to be made and levied on their goods and chattels, lands and tenements respectively: UPON CONDITION, That if the said Presley Spruance and Enoch Spruance their heirs executors or administrators do and shall well and truly pay or cause to be paid to the other parties entitled severally, or their executors, administrators or assigns respectively, their respective, just and proportionable shares of $186.56 (after deducting ...(illegible)...costs the appraised value of the real estate, late of Elijah Consellor, which was assigned to his widow as her dower as returned by the freeholders, and this day ordered to the said Presley Spruance and Enoch Spruance with interest thereon from the date hereof, on Demand then this recognizance to be void, else to be and remain in full force and virtue in law.
To the Honorable the Orphans' Court of Kent County:
The Petition of the undersigned respectfully reports that as the assignees of Elijah Consellor and Elizabeth his wife they are entitled to the right of acceptance of that part of the intestate lands of Elijah Consellor (illegible) decd which by virtue of proceedings in this Court return to in the year 1812 & recorded in Book G folio 212 (or 312), and laid off & assigned to Hannah, the widow of the said Elijah Consellor decd, or and for him --- in his real estate, and which by virtue of other proceedings in this Court instituted for the purpose of division, and return to the September Term 1845 has been valued at the sum of two hundred and thirty one dollars.
They pray the Court to be admitted to the acceptance of the said real estate at the said valuation or from giving the security which may be prescribed.
Presley Spruance
Enoch Spruance
Cover page of the document: Elijah Consellor S and Petition for Partition. Order for partition granted & freeholders appointed by order here .... (names). Recorded in Record Book P folio 461 &c. Indexed.
To the Honorable the Orphans' Court of Kent County:
The Petition of Enoch Spruance respectfully represents, That by virtue of proceedings in this Court returned in the year 1812 the widow's dower in the real estate of a certain Elijah Consellor late of Little Creek Hundred in said county, who died intestate, was laid off and assigned to Hannah widow of the said intestate, and the residue equally divided amongst his children agreeably to law, as will more fully appear by reference to the return of the said proceedings recorded in Book G folio 129 et seq. That the part so laid off and assigned to the said widow as her dower contains sixty six acres and thirty three perches and seven tenths of a perch of land more or less, and is marked on the plot recorded on folio 129 afsd with the letters ABBC&D. That the said widow departed this life sometime in the year 1840. That the said intestate left to survive him at the time of his death five children as his heirs at law, viz: - 1st Jeremiah, 2nd Elijah, 3d Sarah, 4th Elizabeth, 5th Benjamin.
That the said Jeremiah died in the lifetime of his mother the said Hannah intestate and left to survive him as his heirs at law five children viz: 1st Hester, 2nd Elijah, 3d Hannah, 4th Harriet 5th Jeremiah; that the said Hester married, as her first husband, a certain Jesse Dean who died, and had by the said Jesse one child named Jeremiah, and after the death of the said Jesse she intermarried with and became the wife of a certain Elisha Durham, and afterwards in the year 1840 departed this life intestate leaving to survive her her said husband the said Elisha Durham and ten children besides the said Jeremiah, viz. 1st Joel, 2d Isaac, 3d Elijah, 4th John, 5th Elizabeth, 6th David, 7th Mary, 8th Hester, 9th Ann, 10th Clayton which last has since died under age, intestate and without issue leaving to survive him as his heirs at law his said brothers and sisters of the whole blood; that the said Elijah second child of the said Jeremiah as aforesaid is living; that the said Hannah third child of the said Jeremiah is also living and is the wife of a certain Perry Cork; that the said Harriet and Jeremiah the fourth and fifth children of the said Jeremiah both died under age, intestate and without issue.
That the said Elijah the aforesaid second child of the intestate aforesaid died about the year 1826 and after his death all and singular his interest in the said dower (the same being one undivided fifth part thereof) was sold at public vendue by the Sheriff of Kent County aforesaid and bought by your petitioner to whom a deed was duly made and executed by the said Sheriff.
That the said Sarah the aforesaid third child of the intestate aforesaid is living and is the widow of a certain Debrix Miller, and is unmarried.
That the said Elizabeth the aforesaid fourth child of the intestate aforesaid intermarried with a certain John Durham and died about the year 1815 leaving to survive her her said husband and three children, viz 1st Ezekiel 2d Enoch 3d Mary, which last has since died under age intestate and without issue.
That the said Benjamin the aforesaid fifth child of the intestate aforesaid in his lifetime sold all his interest in the said dower (the same being one undivided fifth part thereof) to the before named Debrix Miller, and afterward died; that since then said purchaser the said Debrix Miller has departed this life intestate leaving to survive him a widow the before named Sarah and six children, viz 1st Josiah, 2nd Elijah, 3d Rachel 4th Enoch 5th Robert 6th Maria; that the said Rachel is the wife of a certain Benjamin Greenage; that the said Maria intermarried with and became the wife of a certain Benjamin Hughes, and after the death of her father the said Debrix Miller, departed this life intestate leaving to survive her her husband the said Benjamin Hughes and two children, viz. John and Rachel.
That the interest of the above named parties in the said dower is as follows: that is to say, by dividing the same into five thousand nine hundred and forty parts, the said Jeremiah Dean is entitled to thirty six of those parts, and the said Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann Durham are each entitled to forty of those parts subject to the life estate of the said Elisha Durham the husband of the before named Hester decd. who was the mother of the said Jeremiah, Joel, Isaac, Elijah, John, Elizabeth, David, Mary, Hester and Ann and the first child of the said Jeremiah Consellor, as tenant by the curtesy.
That the before named Elijah child of the before named Jeremiah Consellor is entitled to three hundred and ninety six of those parts.
That the before named Perry Cork and Hannah his wife which said Hannah was the third child of the before named Jeremiah Consellor is entitled in right of the said Hannah to three hundred and ninety six of those parts.
That your petitioner who purchased at Sheriff's sale, as aforesaid, the interest of the said Elijah Consellor who was the second child of the said intestate is entitled to one thousand one hundred and eighty eight of those parts.
That the said Sarah Miller widow as afsd. of the before named Debrix Miller, and third child of the said intestate is entitled to one thousand one hundred and eighty eight of those parts.
That the said Ezekiel and Enoch Durham children as aforesaid of the before named Elizabeth the deceased wife of the before named John Durham, the said Elizabeth being the fourth child of the said intestate are each entitled to five hundred and ninety four of those parts subject to the life estate of their father the said John Durham therein, as tenant by the curtesy.
That the said Josiah, Elijah, Enoch and Robert Miller, and the said Benjamin Greenage and Rachel his wife in right of the said Rachel, which said Josiah, Elijah, Enoch, Robert and Rachel are children of the before named Debrix Miller decd. who was the assignee of Benjamin Consellor who was the fifth child of the said intestate, are each entitled to one hundred and ninety eight of those parts subject to the dower therein of the said Sarah Miller widow as afsd. of the said Debrix Miller--and the said John and Rachel Hughes children as aforesaid of the before named Maria who was the wife of the before named Benjamin Hughes and the sixth child of the said Debrix Miller deceased, assignee as afsd. of the said Benjamin Counselor, are each entitled to ninety nine of those parts subject to the dower therein of the said Sarah Miller widow as afsd. of the said Debrix Miller and also to the life estate therein of their father the said Benjamin Hughes as tenant by the curtesy.
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