FamilySearch.org From Will Crump

Mary Martin Dower - September 3, 1862

State of North Carolina; Johnston County, NC
I Wm. H. Cullon Shff of said county attends by the folowing jury of good and lawful men Viz A. J. K. Rhodes, J. E. Rhodes, Wm Cox, E. Stevens, Whitly Grantham and N. B. Toler who after being duly sworn proceeded on the 3rd day of September 1862 to lay off and alot to Mary Martin her Dower and thirds in the lands of Abraham Martin dec'd as described in said writ according to the folowing metes and bounds Viz Beginning at a water oak on the bank of Mill Creek adjacent to a hickory in the corner of the yard fence in Whitley Granthams line, stake at the gate his corner, B. King's corner, stake E. Stevens corner containing 151 acres.
Also another tract in the Piney woods adjacent to a stake in the Avenue in Green Flowers line containing 17 1/2 acres and proceeded also to put her in possession of the same.
Given under the hands and seals of the said Jurors before --- September the 3rd day 1862.
Wm. H. Cullon Shff.
A. J. K. Rhodes
Wm Cox
Ezekiel Stevens
Whitly Grantham
Joseph E. Rhodes
N. B. Toler

DIVISION OF LAND OF ABRAM MARTIN

Abram Martin had two parcels of land. The first division of these parcels was done to satisfy the dower right of the surviving spouse, Mary "Polly" (Lewis) Martin. She received 17.5 acres out of the smaller parcel (71 acres) and 151 acres out of the larger parcel (604 acres). This division was made by a group of commissioners made up of six freeholders who were "connected with the parties neither by consanguinity or affinity and entirely disinterested to view the aforesaid tract of land to allot and set apart to her one third part thereof including the dwelling house and all outhouses, buildings and improvements apportaining to the same for the term of her natural life and to report this proceeding in due form of law."

After the partition to satisfy the dower interest, the remaining heirs petitioned the court to divide their tenants in common interest in the remaining land into nine equal lots of between 53 1/2 and 57 acres - one for each child - with cash payments used to equalize the differences in the value of the lots. Diagrams from the probate estate show first the division of the original parcels to satisfy the dower right with the second diagram showing how the nine lots were carved out of the land remaining after the dower claim was satisfied. This second division was done by a group of commissioners consisting of five freeholders and was completed in February of 1863.

Each share had a net value of $327.10 and payments were made to equalize the differences in land value as follows:

Lot #1 George Martin plus $101.10
Lot #2 Henry M Martin plus $99.10
Lot #3 Julious Martin - he paid $24.45 to George Martin
Lot #4 Eliza Martin - she paid $76.65 to George Martin and $26.75 to Henry M. Martin
Lot #5 Bourbon Ivey and his wife Fannie - they paid $71.90 to Henry M Martin
Lot #6 W. G. Martin - he paid Henry M Martin $.45 and paid Lewis Martin $71.45
Lot #7 Ann Martin - she paid Lewis Martin $14.90
Lot #8 William H. Stevens and his wife Sarah - they paid Lewis Martin $2.90
Lot #9 Lewis Martin plus $89.25

George, Henry M., Julious, Eliza, Ann, and Lewis were all minors so their lots were held by their guardian, Thomas D. Snead.

The two parcels of land claimed by Polly under her dower right should have been divided among her children when she died.