Source no.692
Filename: S692.rtf in Exhibits folder
1st Footnote: “New Castle County, Delaware, orphan's court case files, [CD1] ([CD2]), [CD3], [CD4]; Delaware State Archives, Hall of Records, Dover.”
Transcribed by Eric Vandegrift, 1 September 2011 at Seattle

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cited as “petition of Isaac & Elizabeth Cannon, Leonard & Hester Vandegrift, 
and Thomas Hyatt”, 20 October[?] 1796
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To the Honble the Justices of the Orphans Court for
the County of NewCastle –
		The petition of Isaac Cannon and
Elizabeth his wife, Leonard Vandegrift and Hester
his wife and Thomas Hyatt, Heirs of Isaac Hyatt
the elder late of St. Georges Hundred decd.

Humbly Sheweth,
	That Isaac Hyatt the elder late of St Georges
Hundred in the County of NewCastle deceased was in his
life seized in his demesnes of fee of and in a certain
plantation or tract of Land situated in St Georges hundred
afsd containing about one hundred and thirty acres of
Land more or less and also of a messuage and about
three acres of upland and about fifteen acres of marsh
more or less on Wolf Island in the hundred and County
afsd and being so thereof seized died intestate on or
about the Twentininth day of february in
the year of our Lord one thousand seven hundred and
ninety six, leaving to survive him a widow nam
d Elizabeth, five Children and one grand child
to wit Isaac, Elizabeth wife of Isaac Cannon, Su-
sannah wife of John Antrum, Hester wife of Leonard
Vandegrift, and Thomas Hyatt, his children, and
William Coombs only child of the eldest daughter Mary
who had intermarried with a certain Thomas Coombs

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and which said Mary has died in the lifetime of
her father the said Isaac Hyatt the elder. Whereby
the said Elizabeth widow of the said Isaac Hyatt decd
became entitled to one third part of the premises afsd
during the term of her natural life and the residue
thereof did descend by equal portions or shares unto
the above named five children and grandchild accord
ing to the Intestate Laws of the State of Delaware.
Your Petitioners therefore pray your Honors to ap-
point five sufficient freeholders of the County afsd
to go upon the Lands of the Intestate and [word struck out]
[entire sentence struck out]
[multiple words struck out] and to
divide the same [two words struck out] equally amongst
the said five children and grandchild according to
the discretions of the Acts of General Assembly in such
case made and provided, if the same may be done
without prejudicing and spoining the whole, as the
said Elizabeth the widow has declared her
assent that the same may be done without
laying off her one third part of the Premises.

Oct[?] 20th 1796		and your Petitioners will[?]
		[signed]		Isaac Cannon
				Leonard Vandegrift
				Thos Hyatt

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cited as “release of Elizabeth Hyatt”, ca. Oct 1796
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I Elizabeth Hyatt widow of Isaac Hy-
att decd do hereby certify to the Honble the
Justices of the Orphans Court that I have no
objection to any [?] being had for the
division of said Deceaseds Real Estate be-
tween his Children, as I do not wish my Dower
or third part to be laid off a present – saving
the right in future if I should deem it expedi-
ent.
	[signed]	Elizabeth Hyatt

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cited as “Courts order to survey and divide”, 22 December 1796
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At an orphans court held at Newcastle for the county of
Newcastle the thirteenth day of December, in the year of Our Lord one
thousand seven hundred and ninety six. Before Richad Bassett,
Kenscy[?] Johns, and Daniel Rodney, esquires, justices [?].

	Upon the petition of Isaac Cannon and Elizabeth
his wife, Leonard Vandegrift and Hester his wife, and Thomas Hyatt,
heirs of Isaac Hyatt the elder late of St Georges hundred
and county of Newcastle, deceased, was in his life deeded in his demesne
as [?], of an in a certain plantation or tract of land situate in St Georges
hundred aforesaid, containing about one hundred and thirty acres of land
more or less and also of a messuage and about three acres of upland
and about fifteen acres of marsh more or less on Woolf Island in the
hundred and county aforesaid, and being so thereof deeded died
intestate, on or about the twenty ninth day of February on thousand
seven hundred and ninety six, leaving to survive him a widow named
Elizabeth, five children and one grand child, to wit, Isaac, Elizabeth
wife of Isaac Cannon, Susannah wife of John Antrum, Hester wife
of Leonard Vandegrift, and Thomas Hyatt, his children, and William
Coombs only child of the eldest daughter Mary, who had
intermarried with a certain Thomas Coombs, and which said Mary

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had died in the lifetime of her father the said Isaac Hyatt the elder,
whereby the said Elizabeth the widow of the said Isaac Hyatt deceased
became entitled to one third part of the premises aforesaid, during the
term of her natural life, and the residue thereof did descend by equal
portions or shares unto the above named five children and grand child
according to the intestate laws of the State of Delaware; And praying
the Court to appoint five freeholders of the county aforesaid, to go
upon the lands of the Intestate and divide the same equally among the
said five children and grand child according to the directions of the
acts of General Assembly if the same can be done without prejudici
ng or spoiling the whole, the said widow having given her assent that
the same may be done without laying off her third … And it appearing
that the facts stated are true, It Is Ordered that William
Frazer, James Thomas, John Hanson, Patrick McDonough, and
Samuel Crow, gent. do go upon the Premises aforesaid with a
skilful surveyor, and upon their oaths or solemn affirmations Divide
the same among the several heirs aforesaid, having regard to quality
as well as quantity if the same will admit of division withou
prejudice to or spoiling the whole, and that they or any three of them
agreeing make return thereof to the next Orphans Court.
	I do certify that the foregoing is a true copy from the
		record at Newcastle given under my hand &
		seal of said office, Decemb 22. 1796
			[signed]	[?] W. Clark pro[?]
				Clk Orphs Co

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There are several more documents including Inventory of Estate. The five men couldn’t find a good way to split up the property and it seems to have been left at that.