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Home: Regional: U.S. States: North Carolina: Cleveland County

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Whitson Digh ( Dye) Will & Estate Records
Posted by: Sherri Sontag (ID *****3480) Date: May 25, 2004 at 09:22:33
  of 861

Regarding the Estate of Whitson Digh

State of North Carolina Probate Court
Cleveland County
July Court 1870

The petition of Jane Digh , widow of Whitson Digh ,respectfully showeth that her said husband died intestate during the year 1869, leaving him surviving the following children, heirs of his body, vis; J P Digh, Dock W Digh, George Digh, Rozanne Francis wife of Perry Frances, Lucinda Ledford Wife of Wm Ledford, Elvira Digh, Priscilla Digh, Hester Digh and further that at that time of his death he was seised and possessed of 199 acres of land adjoining the lands belonging to the estate of G Womack, and other lands which said lands upon his death descended to his heirs as aforesaid.

Your Petitioner further showeth she deisres to have one third part in value of the said lands assigned to her during her natural life for dower, may be issued to the Sheriff of the County commanding him five __* Jurors?_with no?___Connection with the parties ,of interest, by _______________ or Affinity and entirely disinterested to view 12 _________and Allot ans set apart by proper _____and ____ one third part of the aforesaid lands to the petitioner for her natural life, including the dwelling, outhouses and all appertances, .
Your Petitioner further prays that this supoena , with copies of the petition be issued to the said J P Digh, Dock Digh, Roxanne Francis , Lucinda Ledford Wife of Wm Ledford, That like supoena and copy and may be assigned to a guardian of your appoint and ____ for Elvira Digh, Priscilla Digh, Geo Digh, Hester Digh.Who are minor heirs of the said Whitson Digh, commanding them to appear and answer or report to this Petition within twenty days or __ default prayer of Petitioner and be granted and as is duty bound as your petitioner will ever pray.

J P Digh appointed guardian for minor defendents.

Signature of Attorney for Petitioner (illegible)
July Court 1870
Jane Digh Vs Heirs of Whitson Digh
Published Nov 22, 1870 Jenkins

J P Digh
D W Digh
Sarah L Ledford
R L Francis

JP Digh Guardian of Minors

North Carolina Supreme Court March 18, 1881
Cleveland County

F J Lucas & Wife, E P Lucas, Hester M Digh, by his next friend & Brother in Law F J Lucas, Plaintiffs

Vs. John P(inckney) Digh et al Complaint- Defendents

To the Honorable Supreme Court of Cleveland County, the Petition of Plaintiffs, F J Lucas & Wife, & Hester M Digh minor, by he next friend , F J Lucas respectfully shows—
That Whitson Digh late of Cleveland County died intestate in said County in the year 187_Leaving him surviving as his heirs at law . Your F_____E P Lucas , Wife of Plaintiff F J Lucas and Hester M Digh Together with the defendant J P Digh, D W Digh, George Digh, Roxanne Francis wife of defendant Perry Francis, Elvira Ramsey wife of defendant Henry Ramsey and Sarah Lucinda Ledford, Upon wherein his real estate ascended as tenants in common each of them being entitled to one eighth interest therein.
That Sarah Lucinda Ledford one of his hiers at law died intestate in said County of Cleveland in the year 1878 or 1879 leaving her surviving husband Wm Ledford and Children , Francis Self, Child of her 1st husband Wm Self, who is dead, Ella Ledford, Hester Ledford, Dora Ledford, John Ledford, Priscilla Ledford, Maggie Ledford, and Jesse Ledford, by her 2nd husband Wm Ledford, all of said children being of whom have her interest in the will of the estate of Whitson Digh and descended as tennants in common, subject to whatever claim his____ & Wm Ledford may have issue.

That Defendents Emiline Digh and Roziline Digh are the wives of the Defendants J P Digh and D W Digh, respectfully, Your Petitioners, further show that the lated intestate Whitson Digh at the time of his death was seised ___ ___ ____ of a Tract of land ____ in Township No 8 Cleveland County, on the Water’s of Duncan’s Creek, Joining lands of Joseph Miller ( formerly J E Davis) James Hunt, and others continuing 200 acres more or less known as the “Whitson Digh Place”

“Your petitoner further shows that they were to have partitions made of said land ___ they show the the defendants receiving with respective ____ and interests then but that owning to the size of the tract of land the volume and quality of the land, the ____ of the ____ intended and oouter _______ it is ___________ that Actual ________the of be made , in tract ___________________________.
Your Petitioner further allege that they are _______________________believe that defendant D W Digh, Geo Digh and owning the interests of Henry Ramsey & Wife Elvira, Perry Francis and wife Roxanne, and JP Digh and Wife subtract land is purchase wherefore your Petitioner by Judgement that the suubject land be sold by Command appointed by your Honorable____may ___ just and ___often by suit of all _ & ___
The parcels be divided between the petitioner and the defendants accordingly to his _________________________________________. R McBrayer ATTY for Petitioners

In Several other records Dock W Digh attempted to

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