Friday, March 10, 2023

Legal Notice to The Heirs of Sarah (Pratt) Sellers

Sarah Pratt was born abt 1808, a daughter of Samuel Pratt and his wife, Clarinda Ann Teal. Samuel died in 1845 before October of that year. His Last Will written May 12, 1843 was probated in October, 1845. He left a large estate. 

His daughter, Sarah Pratt married Thomas Brooks about 1824. To this union was borne 4 known daughters; three of which are listed in below enclosed legal notice. Sometime after the 1840 Census was taken and before 25 December 1844, Thomas Brooks died. 

Sarah (Pratt) Brooks then married Roland R. Sellers, my 1st Cousin 4X removed, on 25 December 1844. Roland Sellers died in the Civil War at Savannah, Georgia on 13 December 1864. 

Sarah (Pratt)(Brooks) Sellers passed away 23 November 1871. Her estate was extensive and her probate folder is immense with well over 100+ pages. You can see by the below legal notice that the settlements of her estate lasted for quite some time.    

Transcription of Notice   

North Carolina,} In Superior Court

Anson Co.} SPRING TERM

Mary Sellars, Winny Curtis, Robert Lampley, Thomas Lampley, John Lampley, Sarah Jane Turnage, wife of Dillard Turnage, Elizabeth Streeter, wife of Boswell Streeter, heirs at law of Sarah Sellars, dec'd, Plaintiffs.

vs

Phillip Sellars and wife Martha Sellars, W. A. Pratt, J. W. Pratt, E. S. Ratliff, E. J. Pratt, James T. Pratt, heirs at law of John Pratt, dec'd, Trustee, John A. McAlpine, W. K. McAlpine, E. J. Shortridge, heirs at law of A. S. McAlpine, dec'd, Trustee, Defts.

It appearing to the satisfaction of the Court from the affidavit of the Plaintiff 1st. That the defendants, John A. McAlpine, W. K. McAlpine and E. J. Shortridge are non-residents of this State, and after due diligence, cannot be found herein.

2nd. That a cause of action exists against said non-resident defendants. 3rd. That after diligent enquiry, their address or whereabouts cannot be ascertained, and that they are proper and necessary parties to this action, and have an interest therein-- the same being an action for partition of land in said County.

It is therefore ordered by the Court that service of the summons as to said non-resident defendants be made by publication in the Pee Dee Herald, a newspaper published in Wadesboro, North Carolina, once a week: for six weeks successively, notifying said non-resident defendants of the commencement of this action, and requiring them to appear before the Judge of the Superior court for said County at the Court House, in Wadesboro on third Monday after second Monday in August next, to plead, answer or demur to the Plaintiff's complaint now on file in this office; otherwise Judgment will be taken pro Confesso as to them. Witness my hand and official seal, at office in Wadesboro, on 22nd day July, 1878.

J. C. MCLAUCHLIN, C. S. C. t

[L. S.] Anson County,

5-6t


Roland R. Sellers, the 2nd Husband of Sarah (Pratt) Brooks is my 1st Cousin 4X removed.  

__________________________

[1]. Legal Notice, The Pee Dee Herald, Wadesboro, North Carolina, 7 August 1878, Page 4, Column 5; Digital On-Line Archives, Newspapers.com (https://www.newspapers.com/:viewed 3 November 2018).

[2]. Anson County, North Carolina, North Carolina, Estate Files, 1663-1979, Sarah PRATT SELLERS; digital images, Church of Jesus Christ of Latter Day Saints, FamilySearch (http://www.familysearch.org: viewed 14 June 2015); NC Estate File -Sarah Sellers, Death date.

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