On November 5, 1857, John Cunningham Donnell (#27) died, leaving no will, but leaving behind a wife and two young daughters. Daniel Albright (#28 c), Sarah's brother helped Sarah settle affairs. With a legal team, Sarah petitioned the Common Pleas Court for a year's allowance of her husband's land, Negroes, crops, and money to provide a livelihood for herself and her girls. Below is Sarah's petition for the allowance.

The first original document below is copied from page 871 of North Carolina, Wills and Probate Records, 1665-1998 available on ancestry.com. It is dated November Term 1857. Below this document is a transcript of same.

Below the first original and its transcript is a copy of a second original document in which commissioners listed the articles Sarah would receive for her year's allowance. That document appears on page 930 of North Carolina, Wills and Probate Records, 1665-1998 available on ancestry.com. It is dated 7 December 1857. Below that document is a transcript of same.

 

 

State of North Carolina, Guilford County. Court of Pleas and Quarter Sessions, November Term, 1857 Sarah A Donnell Exparte. Petition for year’s allowance. This case coming on to be heard on the reading of the petition and the argument and suggestion of the Counsel, it is declared by the Court, that the petitioner, Sarah A Donnell is entitled to have a full year’s support and main- enance for herself and family out of the personal estate of her deceased hus- band, John C. Donnell. It is therefore ordered by the Court, that Joseph Kirkpatrick Esq., with John C. Rankin, Thomas Buchannon and David Wharton three freeholders, be appointed to go on the premises of the deceased, view the same, and out of the stock, crop, and provisions on hand, to allot and lay off to the petitioner a full and sufficient quantity for the com- fortable support and maintenance of herself and family for one year, and in case there be a deficiency of stock, crop, &c, on hand, then to assess a sum of money sufficient to make up said deficiency to complete a whole year’s allowance, and in ad- dition thereto, appropriate and lay off to your petitioner one bed and its necessary furniture, and one wheel, and one pair of cards, to be the absolute property of the petitioner, and put her in the possession of the same; and that they report to the next term of this Court agreeably to an act of Assembly. Witness, LYNDON SWAIM, Clerk of our said Court at office, this third Monday of November A. D., 1857. Issued the 4th day of December A. D., 1857. Lyndon Swaim , Clerk By Alex__?____

 

 

State of North carolina Guilford County We the undersigned commishioners appointed By Guilford county coart at November term 1857. Do lay off and Set apart for Sarah Donnell widdow of John C. Donnell (Decead) a years Support out of the crop Stock and provisions of the deceaed. Thus and have performd the duty assighned to us. on this the 7 of December 1857. and have laid off and set apart the following Articles for her Said Years Support to wit All the corn on hand 30 Bushels wheat all the hay and oats and Ruffage in and around the Barn 2 cows and 6 hogs her choise One Bed and furniture & one wheel and cards, And for lack of Suffishent crop new Stock and provisions on hand we asses and assighn to the partisioner in cash fifty dollars $50.00 John C. Rankin (Seal) Thomas Buchannon (Seal) David Wharton (Seal) Joseph Kirkpatrick JP.

 

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