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Estate Records 1790-1970, Hallyburton, T.C.-Hamilton, Marietta Cain
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CetigeYyv ) -” f Jit vier TH S$oe2ny .. os e BT Geely AF Cr} ree cit P aa a , Pe Fa l l v y b u r t ‘W ‘L L ‘u o u n g d y e y re o l Application for Letters of Administration.—Printed and for Sale by Brady Printing Co., Statesville APPLICATION FOR LETTERS OF ADMINISTRATION iradell. COUNTY.—In the Superior Court. In the matter of the Administration of the Estate of ea Before. John... Tnoalland.... ©. § C. Thomas...i....da lyburt.en - bn needs ae) : Mary T,. “alyourton , being sworn, doth say: That Phomas..li...alyburton late of said County, is dead, without having a last Will and Testament, and that Mary.....T.....c42a a ac is the proper person entitled to Letters of Administration on the estate of the said Th.ama.s.... Me...a yhurt.an ‘ FURTHER, That the value of said estate, so far as can be ascertained at the date of this application, is about $..200000 Personal Property and that ....Mary...T. “alyburton, widow,..and. following children: Halvbutton,. Lizzie T. Palley,Thos. tellalyourtonsLucile Billines ¥ a o v > Lackey. Elsis Whitaor ePaul. da lyburton,Louisse lalvburton, William ver v - VU > yourton.and Seatherio 3 Halyburton. are entitled as heirs and distributees thereof. * . Oz . Sworn to and subseribed before me this. MRD siicsinsaie day of Aucust 193..40 — AF ee | Liddy sf bitty Leys Upi ’ tect 7 4 \ vy joo Rites wide-Clerk Superior Court. OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, ) SS.—In the Superior Court. Iredell County. Mary T vburtor & Mary T, pial our von do solemnly swear (or affirm) That I died without leaving any last Will and Testament; and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said 2 iyburton and a true and perfect inventory thereof return as provided by law, and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability ; So help me God. “ , - é y [tt tv z 1s 7. Ae ate Lo CLY C Administraterix of dugust, : ¢ f Subscribed and sworn to before me this ccm omen. day GO. B.0, 4. u% , Ha l y b u to n by Mr s . Ma r y T, . Ha l p o u r t o n J na v sine OEl PO C rc e e e s c c n n e n n e m m e c n c n m a s n t » Za i d , Co u n t y . _— Ha l y b u r t o n , T. M. 2J I M - 0 } ‘p a x q u u v on y e a oy } Jo Aj t o d o a d [u u o s a e d Jo se p y a R Su r a o p j o y oy t ov ‘p a s v a v a p * NO P e TT Ci e pe aE PO O ee re rT he e ae el e t e i e t e i e a e e t e d 0} JO [ T V pu r us i s s v Aq a s a y op ‘u 1 0 o M s pu v po u o u t N s Aj u p ‘s d a u o t s s t u m i c d = *- - - - - - ~ - - ir ~ pu s ¢ pu s e vo v o d oy } jo do T I s S U L ? — : os oe = 5 ~~ ~ po t s t s . o p u l LL ‘S U A N O I S S I N W O O D JO LY O d A Y TO WA L L I V I Y TL NT *A I H S N MO J, “A L N O ( Z ) ‘T 1 I X G I U T — V N T T O U V O HL U O N Ha l y b u r t o n , T. 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IN Re: Mary T, Halyburton, Administratrix of 1,M, Halyburton, deceased. Annu el Settlement ee RECEIPTS 1934 Cotton sold Corn 158 Bu. at $1.00 1935 Cotton sola Corn 176 Bu. at $1.00 per Bu, Wheat 168-1/3 Bu. at $1.00 per Bu. 1936 Cotton sold Corn 182 “u. at #1.00 per Bu, Wheat 1691/2 Bu. at $1.00 per Bu, 1937 ; Cotton sold Corn 162 Bu. at $1.00 per Bu, Wheat 185-1/2 Bu. at $1.00 per Bu, 1938 Wheat Total per Bu, 254 “ua. at 80 cts per Bu. Neceipts DISBURSMENTS 1954 Aug. 25rd.,J.L. Milholland, C.S.c, For Fertilizer year 1934 Sept. 23rd.Statesvilke In. Bank Nov.22nd.Atlantic “oint st. Land 2ank For Fertilizer year 1935 1935 s Janellth. Federal Land Pank Jan.14tneInse on land Febel9the. +ns. on lands April 25th.Mrs,. D.J. Williams Note June 5theAtlantic Joint St. Land °ank June 7th. Atlantic Joint st. Land Bank Nove. 29theMrs. R.E. Hoke note Nove StheR.E. Hoke Note Nove 9th. RE. Hoke Note Dece endeAtlantic Joint St. Land Bank Dec. SOtheFederal “and Bank 1936 For Fertilizer year 1936 “anel8the. Ins. on Lands Jan 4theAtlantic Joint st. Land Bank Janel2 Atlantic “oint st. Land Bank Sept. 23rd. “ns. on lands Octe lOtheStatesville “arm Loan As. Note Dece 18th. “ederal Land Bank In the Superior Court, $ 3.85 142.00 7500 98.00 130.00 148.54 20655 29.25 137 668 98.00 1900.00 110.50 75.00 100.900 90.11 128.56 145.00 43,80 1600.00 £055 129.59 10.55 119.56 a J 4 ye A z mo (ANMete1at a Zc . $184.63 158.00 199.73 176.200 168.335 174.96 182 .00 169.50 157 47 162.00 185.50 187 .00 $2105e12 1937 For fertilizer for year 1937 $140.00 Jane 12th.J,A&. Hartness,HHKK .C.S.C. Note 900.00 Jane 14th. Ins. of lands 49.80 Nertilizer for year 1938 1355.00 ‘C L ‘u o u n g A l e H Total Disbursments $6,568.27 Balance due “rs, T.M. “alyburton by said estate, she having advanced said sum in excess of the receipts $ 4463.15 = Y “ / F fi / Lilarg ™: VihiluylererlP+ on, Admrx y/ of T.M. “atyburtom, deceased. Aree oe ang Snbsoribed before we thie al, day of x fle & = s e ° 5 “4 = (wes &@s to Katherine Halyburton Administratrix North Carolina, j In the Superior Court, Iredell County. 4 Before the Clerk, PSTITION #Ox APPOINTMENT aS NeXT FRIEND OF MINOR, The undersigned respectfully shows the Court that Katherine Halyburton is a minor without general or testamentary guardian; that she is the owner of an undivided interest in a certain tract of land containing 56 acres, more or less, located in Concord Township, Iredell County, State of North Carolina; that she together with the other tenants in common, have decided to institute a special proceeding in court for the purpose of selling said land for the purpose of paying debts against the estate of T. M, Halyburton, deceased, and for pertition among the tenants in common; that the persons closely connected with said minor, Katherine Halyburton, are interested in the result of tnis action, and the undersigned has been requested to apply for appointment as next friend of said minor; that the undersigned has no interest whatsoever in the result of the action except to see that her rights are protected in the event of his appointment as next friend for said minor, Katherine Hal yburton, Wherefore, the undersigned makes application that he be appointed as next friend of said minor, Katherine Halyburton, in said action for sale for partition of the lands hereafter described in tne petition filed in this cause, This the 2lst. day of January, 1939, y al Aect27 eet ue) ORDGR APPOINTING NAT FRIBND Upon reading the application and after making due inquiry as to the fitness of J. A. Combs, applicant to be appointed next friend of the minor, Katherine Halyourton, in a special proceeding to sell lands for the purpose of paying debts against tne estate of T. M. Halyburton, deceased, and for partition among the tenants in common, in which lands said minor has an interest and is a part owner, it is found by the Court to be a fact that the applicant, J. A. Combs, is a reputable and disinterested citizen, and a fit and suitable person to act as next friend of said minor, and he is hereby appointed to act as next friend of tne minor, Katherine Halyburton, in the special proceeding to sell lands for the purpose of paying debts against the estate of T. M. Halyburton, deceased, and for partition among the tenants in common, of which lands said minor is a part owner, e This the 2lst. day of January, 1939. Nm ; Lh b é Clerk Superior Court, Iredeil Count I hereby accept the appointment as next friend of the minor, Katherine Halyburton, in a special proceeding described in the foregoing order, and agree to act faithfully and diligently in said capacity. This the 2lst. day of January, 1939. A é 7 f Se Ctseser- North Carolina, j In the Superior Court, Ireauell County, § Before the Clerk. Mery T. Helyburton, Administratrix of T. M. Halyburton, deceased and Mary T. Halyburton, individually, Elsie Halyburton Whitson, Sam P, Whitson, Louise Halyburton Scott, Earl N. Scott, T. E. Halyburton and Mrs. T. E. Halyburton, Mrs. Mozelle Halyourton Leckey, R. C. Lackey, PeTITION TO SELL LANDS FOR Lucille Halyburton Billings, BB. T. § ASoLTS AND PARTITION, Billings, P. Me. Halyburton, Cathrine} halyburton, William Halyburton, Elizabeth halyburton Beiley, C. R- Bailey, J. R. Salyburton, Mrs. J. R. Halyburton and Katherine Halyburton by her next friend, J. A. Combs EX PARTE. The petitioners respectfully show to the Court; 1. That T. M. Halyburton, late of the County of Iredell, State of North Carolina, died intestate in said county, and that Mary T. Halyburton, on the 23rd. day of August, 1954, was duly appointed and quelified as administratrix of his estate, 2. That the said T. M. Helyburton at the time of his death owned the following described tract of land, to-wit; In Concord Township beginning at a stone, McLelland's corner in J. Harris! line and South 66 Kast 13 poles to an oak stump, Harris! corner; thence North with Hsrris! line 16 poles to a stone, G. D. Combs corner; thence North 65 East 92 poles to a gum at the foot of hill neer the branch; thence South down brench 16 poles; thence cqown brench with its meenders 91 poles to e stone in G. D. Comb's line; thence North 89 West 122 poles to a stone in Reynold's line; thence North 4 Kast 58% poles with Reynolc's and McLelland's line to the beginning, containing 56 acres more or less. For further descriptions see Deed Book 57, page 151. 5. That the said T. M. Halyburton died leaving the following heirs-at-law, to-wit; Mary T. nHalyburton, widow, and the following children, Elsie Halyburton Whitson, Louise Halyburton Scott, T. E. halyburton, Mozelle Halyburton Lackey, Lucille Halyburton Billings, P. Me Halyourton, William Halyburton, Blizabeth Halyburton Bailey, J. Re Halyburton and Katherine Halyburton, a minor. That each of the children named above is entitled to one-tenth interest in said land, and thet Mary T. Halyburton, widow, is entitled to dower, 4. That the petitioner, Katherine Halyburton, is a minor and is represented in this petition by her next friend, J. A. Combs, who is duly appointed as next friend by the Glerk of Superior Court, of Iredell County; that the wives and husbands of the above named owners, who ere married, are made parties to this action but do not own any interest in the above described land. 5. That the petitioner, Mary T. Halyburton, administratrix of T. Ve. Halyburton, deceased, has no personal property on hand with which to pay the outstanding debts and costs of administration against said estate, which amount to approximately $ 6. That it is necessary thet the above described lands be sold in order to obtain money with which to pay the debts and costs of administration now existing ageinst said estate, 7. That the other petitioners, the tenants in common, end their husbends and wives, desire to hold their interest in said lands in severalty. WHEREFORE, your petitioners directing that saic ns and at such time as the court may direct r such other and further relief as may be just and proper, Lp / i / Cee ae Attorneys Tor Petitioners A 7 Mary T. Halyburton, after being duly Sworn, says; That she is administretrix of the estate of Te Me Héalyburton, deceased, and is one of the petitioners in the above entitled action end thet she has read the fore going petition, and that said petition is true of her own knowledge, except as to those matters therein stated upon information and belief, and as to those matters and things he believes it to be true, Sworn to and subscribed before me, this the 2ist,; aay of January, 1939, / a L é j one SPF LE = 6 . "We Be Oe JeA. Combs, after being duly sworn » S8ys: That he is the next friend Katherine Halyburton, a minor in this proceeding, and that he has read the foregoing petition, and that said petition is true of his own knowledge except as to those matters and things set forth therein upon information and belief, and ag to those matters a nd things, he believes it to be t Pruee W, Z r ee Ktesae 1 4 Sworn to and ubscribed before me, pa: this the; day of January, 1939, / opt. C.S.C. = ae North Carolina, § In the Superior Court, Iredell County. § Before the Clerk, Mary T. halyburton, Administratrix of T. M. Halyburton, deceased and Mary T. Halyburton, individually, Elsie Halyburton Whitson, Sam P, Whitson, Louise Halyburton Scott, Harl N. Scott, T. E. Halyburton, Mrs. T. B. Halyburton, Mrs. Mozelle Halyburton Lackey, R. C. Lackey, Lucille Halyburton Billings, E. T. Billings, P. M. Halyburton, Cathrine Halyburton, William Halyburton, Elizabeth Halyburton Bailey, Cc. R. Bailey, J. Re Halyburton, Mrs. J. Re Halyburton and Katherine Halyburton by her next friend, J. Ae Combs. EX PARTE. AFFIDAVIT SD . ME Me Te OR A Me oe ee H, pw. White 9 and » each veing ay sworn, daposes and says: That he ; f s a citizen, free-holder and a resident of Iredell County, North Carolina, and as such, is more or less acquainted with the value of farming lands in said County; that he is personally acquainted with the farm located in Concord Township, in said County, belonging to the above named parties; that in his opinion the price of $800.00 cash offered for the 56 acres, more or less, of said lands by J. R. Halyburton is a fair and reasonable price for said lands, and tnat in his Opinion that the ssid owners of said lands and their interests would be promoted by a sale of said lands for the above price of $800.00, \ og Sworn to and subscribed before me, this the 21st, day of January, 1939, ; \ a -_ sii — 4 racial hi UU Ge Bs Ga —— W ‘L ‘u o u n g A y e H rL o 6 l North Carolina, j In the Superior Court, Iredell County. } Before the Clerk, Mary T. Halyburton, Administratrix of T. M. Halyburton, deceased and Mary T. Halyburton, individually, Elsie Halyourton Whitson, Sam P, Whitson, Louise Halyburton Scott, Earl N. Scott, T. E, Halyburton, Mrs. T. BE. Halyburton, Mrs. Mozelle Halyburton Lackey, R. C. Lackey, Lucille Halyburton Billings, E. T. Billings, P. M. Halyburton, Cathrine Halyburton, William Halyburton, Elizabeth Halyburton Bailey, C. R,. Bailey, J. Re Halyburton, Mrs. J. R. Halyburton and Katherine Halyburton by her next friend, J. A. Combs. kX PARTE, ORDER APPOINTING COM- MISSTONER TO SELL LANDS FOR ASSETS AND FOR PARTITION, Se Ls EE ER ee HE EO This cause coming on to be heard, and being heard upon the petition filed in this cause, and it appearing to the Court that it is necessary to sell the lands described in the petition, for assets to pay the debts cue by the estate of T. M, Halyburton and for partition, and it further appearing to the Court that T, M. Halyburton was the owner in fee simple of the lands described in the petition at the time of his deaths It is therefore ordered and adjudged by the Court that the lands described in the petition filed in this cause be sold for assets to pay the debts of T. MK, Halyburton, deceased, there being insufficient personal property with which to pay said debts. It is further ordered that said lands be sold for partition, the tenants in common having joined in the petition and asked that same be sold for partition, The Court further finds as a fact that the offer of J. R. Halyburton to purchase said lands at the price of $800.00 is a fair market value of said property and at least as much, if not more, than said property would bring if offered at public sale, It is therefore, ordered, considered and adjudged that the tract of land described in the petition be sold, for assets to pay the debts due the estate of T. M. Halyourton, deceased, and for the division among the tenants in comon, to J. R. Halyburton for the sum of $800.00, and that H. &. Lewis be and he igs hereby appointed a commissioner for the purpose of making said sale, ana the said commissioner is hereby authorized and fully empowered to seil said lands to the said J. R. halyburton at a private sale upon his complying with the terms of sale, and out of the proceeds of said sale, to pay off all liens, together with the cost of this proceeding, ana to pay the balance to the Administratrix of T. M. Halyburton to be first applied to the payment of the debts of said T. M, Halyburton, deceased, and the remaining, if any, to be divided among the tenants in common by said Administratrix, as their interests appear in this proceeding, This the 50th. day of January, 1939, é ar & c a A * Clerk Supérior Court, lredell County. The foregoing order of the Clerk of Superior Court of Iredell County is, upon an examination and review of the record, approved and confirmed by His Honor, William H,. Boboitt, Judge holding Court in the Fifteenth Judicial District of North Carolina, in which Iredell County is located, This the 3lst, day of Jamary, 193 Ajj a North Carolina, ran aa i i Pharr's vide 1/7 petitio 3 : hold tne] severs 1 t v s rolina, County. 2f fry Vp d SLL. g slerk Su; thee 3 Ly, : t erior Ccurt. N YX : rN rth Car m~ ¢ , Lit , C aro Aa Tred Upon reading the 2p Le and after makin; applicant to be -tion or special] roceeding for bed in the application for next iend 1 which sai ve] found by the C that the said a periocr North Carolina, Iredell County. fide offer to he best terms obtainable ar nake report thereof to this confirmation, This cause is retained or ‘ther orders, This the 24th day of mT} Np [) er Cl, t i J p ( Nn Ww tf Al { LC AK KAVA Clerk Supérior Court, mo o> oo o ounty ve Ha m , Al i c e C 19 2 8 et Bl Bee iS EE Re ot oa Application for Letters of Administration. —Printed and for Sale by Brady, The Printer, Statesville, No C _ APPLICATION FOR LETTERS OF ADMINISTRATION. a 7 Fike KL COUNTY,—In the Superior Court. In the matter of the Administragfon of the Estate of be t | se Before CL (7) . at =. ¥ f t < 4 . being sworn, doth say: Phat late of said County, is dead, without leaving any Will and FLL C7 : ; is the proper person entitled to Letters of , prove 4. Vestamenc, and fat - a ff / a % Lt 4 \dyinistration on the estate of the said vx Wine eo | eee ee ae é @eyt Lei acte ‘ PGMA Orne nireeeche a A te Ja aA Furthe r, Ahat the value of said estate, so far as can be ascertained at the date of this application, is_about $ ~ ~. WO ye eg k th : Le or. CAG Os c Le 4 —— 2 | % | TAA ~ al Aine, C — At = s / “y/- Cte ‘ V <4-Be? a. A OF aig rente *“ “ ei a ) . LA AGA2 iv tow OM4t{inr 4+ i Oa Pe Cae, . aioe hes ¢ / ¢ are entitled as heirs and distributees thereof. i, le Swern to and subseribed before me this © __day >, Chm: ' aa ~ Zocor 191 x } Clerk Superior Court. OATH OF ADMIMIST STATE OF NORTH CAROLINA, } Ie ALL fin COUNTY, J 7 iy - Ct +: | C<//J- « or ww , do solemnly swear (or aftirm) That | SS.—In the Superior Court = . - ? Ak ’ a y t ; died without leaving any last Will and believe that hare 4 y Pestament; and that.) will Well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said P , and a true and perfect inventory thereof return as provided by law, and that ail other duties appertaining to the charge reposed in me, | will faithfully and honestly perform with the best of my skill and abilitv: So help me God Subscribed and sworn to before me this Administrator of Application for Letters of Administratio rinted and for Bale by ‘Brady ‘Printing Co., AP PLIC ‘ATION FOR L ETTE URS OF ADMINISTRATION } being sworn, doth say: late of said County, is dead, without having a last Will and Testament, and that : is the proper person entitled to Letters of Administration on the estate of the said FURTHER, That the value of said estate, so far as can be ascertained at the date of this application, is abOUt Pisce and that OATH OF > ADMINTSTIC ) §S.—In the Superior Court. believe that Testament; and that I will Bubseribed and sworn to before me this .. fares | Fi l o n in th fe MP E P ) ' , br e d e l i of f i c e af ¢: ul t de l eR Gr e e He p a t e i= ct NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk. In the matter of C. H. Dearman, Administrator of the Estate of INVENTORY AND Henry C. Ham, deceased. FIRST ANNUAL REPORT, TO THE CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY, NORTH CAROLINA: The Administrator, herewith, submits Inventory and First Annual Report of the receipts and disbursements of the Estate of Henry C. Ham, deceased. Ee 2 €: 3 p ts; From the Clerk of the Superior Court $ 16.96 From the Clerk of Superior Court, Liberty Loan Bonds, Par Value 1950.00 Interest 82.67 Total $2049.63 $2049.63 Disbursement a: Johnson Funeral Home 120.00 First Years Premium on Administra- 12.00 tor's Bond Eagle Marble and Granite Company 100.00 Merchants & Farmers Bank, for sale 1.90 of bonds $233.00 > 233.00 Balance undistributed to date $1816.63 The State Hospital, Morganton, North Carolina, has Tiled a claim with the Administrator for the support and maintenance of Henry C. Ham for twenty years, four months, and eight days, dating from June 28, 1910 to November 6, 1930, at Twenty-five Dollars ($25.00) per month, making a total amount of the claim Sod of Six Thousand One Hundred and Six Doliars and Sixty-four Cents ($6106.64). The statement is rendered in compliance with Chap- ter 120, Public Laws of North Carolina, Session 1925, and in accordance with the provisions of the law under which this state- ment is submitted, the account of the State Hospital has been approved by the Administrator. Notice, however, has been served on the Administrator by J. W. Van Hoy, Attorney at Law, Statesville, North Carolina, representing the heirs and next of kin of the late Henry C. Ham, that he will file proceedings to surcharge and falsify the account before the Clerk, and for an accounting. It is respectfully submitted that the Inventory and First Annual Report herein filed be audited and approved, subject, of course, to the further orders of the Court. Respectfully submitted. This the 14th day of November, 1932. Cadf\ sa SAE Gr sees ee ee ee Gee i Ye ee ae ae oO tT Sworn and subscribed to before me, This the 14thqay of November, 1932. Clerk of the Superior Court. Audited and approved This the 14tmdgy of November, 1932. / sf c i. Hi, Superior “ = ae 5 oe Q = 2 rn, NORTH CAROLINA, IRELELL COUNTY. In the Superior Court Before the Clerk. In the matter of C. H. Dearman, Administrator of the Estate of FIN Henry C. Ham, deceased. TO THE CLERK OF THE SUPERIOR COURT Ok siaibieeehs Gach aaias SETTLEVENT IREDELL COUNTY, NORTE CAROLINA: The Administrator herewith submits Final Settlement of s and Disbursements the vill Liberty Loan Bonds, Interest x 1@ Clerk of Superior of the Ustate of Henry C. Ham, deceased. Court, Par Value Cash, from the Clerk of Superior Court Total LD j 1 3 m ts $2049.63 Clerk of Superior Court, letters of Administration Administrator's notice to creditors Administrator's Bond, First year. Funeral Expenses 4rection of NMonument City Tax, 193: sounty Tax, 1932 APOE vlerk of Superior Court, to secure Bonds. City Tax, 1933 County Tax, 1933 Merchants and larners Rank, sale of Bonds. Administrator's Bond, 1932 urier, Joyner end Hartness fees Attorneys Federal Tax on 12 checks issued Clerk of Superior Court, fees for - is filing settlement State Hospital, Morganton, N. C., as 1050.96 agreed by the Heirs of the H. C. Ham estate and the Attorney General of N. C., for the cost of care and maintenance while he was an inmate thereof. Commissions of C. H. Dearman, Administra- tor, 5% on Receipts Commissions of C. H. Dearman, Administra- 77.351 tor, 5% on Disbursements Total Disbursements $1649.63 J. W. Van Hoy, J. W. Sharpe, Z. V. * 400.00 Turlington, for H. C. Ham heirs as agreed by them and the Attorney Generali of N. C. 2049.63 Respectfully submitted. _— me 2 = ~ OQ — i co this the 8th day of Septem Sworn and subscribed to before me, rm This the 8th day of September, 1933. the Superior Court. The foregoing Final Settlement of C. H. Dearman, Administra- tor of the Henry C. Han state is hereby audited and approved and the Bondsman discharged. Clerk of the Superior Court. ff M,C baa yew A Vd @uication FOR LETTERS OF ADM@RSTRATION A os SS STATE 0 OF NORTH CAROLINA, IREDELL COUNTY—IN THE SUPERIOR COURT. In the matter of the Administration of the C. G. Smith ee , being sworn doth say: late of said County, is dead, having died on the 9th Further, That t the value of said estate, 30 far as can be ascertained at the date of this application, is about Jo © Real Estate, and $ MMLE, ~ tees thereof are as follows: Personal Property, and that the persons entitled as heirs and distribu- NAME AGE (If Minor) RELATION ADDRESS Leonard M. Ham Son Mooresville Daisy H. Azars Daughter Charlotte Charles A. Ham Son Boomer Robert F. Ham Son Mooresville OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, IREDELL COUNTY SS.—In the Superior Court. Leonard M. Ham of the said vided by law, and that all other duties appertaining to the charge repossed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. Subscribed and sworn peers me this 16. day | 4 wea S ePre mb SUP£RIOR COURT the Honorable, the of Sup@rior Court of Iredel} d@11 County, died intestate on his sole@ n€xt of kin and £ 2 following: Son Daughter Son 2on I T ate und@rsigned s@verally renounce their ri hy + Qne ersigned pray the read the e except LZ is po y I 729 ] were Chew Me tf mwne lat TItETY POST trent My Cee? aig aes : : ommiss x °S 2+.s/9 60 janonanmmnsdasten NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E IN H E R I T A N C E TA x Di v i s i o n RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T NA M E OF ES T A T E NA M E OF RE P R E S E N T A T I V E NA M E OF AT T O R N E Y __ AD D R E S S __ AD D R E S S __ e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T - Ba n k de p o s i t s i} Me CO G ee $ nd lo c a t e d in N. C. CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r MG OF nn ur GN . sd . BO ZS NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY In the Matter of Leonard M, Ham Administrator of INVENTORY J. R. Ham Deceased ue ee ae ee ee ee ee ee ” ee ” To the Honorable, the Clerk of Superior Court of Iredeil County: The undersigned, Leonard M. Ham, respectfully shows unto the Court: I. That the undersigned was on the 16th day of September, 1958, duly appointed by this Court, Administrator of J. R. Ham, Deceased, that he duly qualified and is now acting as such administrator. Il. That in accordance with the laws of the state of North Carolina, he hereby files with the Court an Inventory of the real estate and personal property owned by the said J. R. Ham at the time of his death as follows: REAL ESTATE: Description Tax Value 20 Acres with Two Houses located on Coddle Creek $2,970.00 Road, East of Mooresville, North Carolina House and Lot, Bast Iredell Avenue, Mooresville, 1,830.00 North Carolina Vacant Lots, Coddle Creek Road 630.00 PERSONAL PROPERTY: Description Value Checking Account at The First National Bank, $ 156.09 Mooresville, North Carolina Account Receivable from Charles Ham 1,848.23 Account Receivable from Robert Ham 2,094.45 This 29 aay of February, 1960. eed yr , 7 Leonard Mo Ham, Administrator or J. R. Ham, Deceased NORTH CAROLINA IREDELL COUNTY Leonard M, Ham, being first duly sworn, deposes and says: That he has read the foregoing inventory and that the same is a true, proper, accurate and complete inventory of all the real estate and personal property of the late J. R. Ham. Leonard Mt. Tan, Laerarerater of J. R. Ham, Deceased Subscribed and sworn to before me, this / day of / <{. _, 1960. Jn. otary c My Commission Expires: LC hd =~ G22 yo p wi e } 8S 6 l RA ay "32.9 H AN9 WORTH CAROLINA IREDELL COUNTY in the Matter of IN THE SUPERIOR COURT Leonard M. Ham Administrator Of J. R. Ham Deceased To the Honorable, the Clerk of Superior Court of Iredeil County: The undersigned, Leonard M,. Han, respectfully shows unto the Court; I. That the undersigned was on the 16th day of September, 1958, duly appointed by this Court, Administrator of J. R, Ham, Deceased, that he duly qualified and is now acting as such Administrator. II. That having fully administered said estate, he hereby files with the Court this his final account from September 16, 1958 to date as follows: RECEIPTS: Date 9/2h/58 10/8/58 11/15/58 11/22/58 12/16/58 2/27/59 2/27/59 3/7/59 5/9/59 5/9/59 5/9/59 From The First National Bank of Mooresville Ray Whitlowe Ray Whitlowe Gerald Renegar Ray Whitlowe Gerald Renegar Ray Whitlowe Ray Whitlowe The First National Bank of Mooresville Jerry Thompson Ruth Parris For Checking Account at $ Death Rent on Old J. R. Ham Home Rent on Old J. R, Ham Home Rent on New J. R, Ham Home Old J. R. Ham Hone Rent Rent for New J. R, Han Home Rent on Old J. R, Ham Home Rent on Old J. R. Ham Home Loan to Estate for $1500.00 less interest due Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Amount 156.09 17.00 17.90 270.00 17.00 270.00 17.00 17.00 1,455.00 27.50 16.00 yf -u e H 8S 6 l Date 5/9/59 5/23/59 5/23/59 5/30/59 6/6/59 6/6/59 6/13/59 6/26/59 6/26/59 7/6/59 7/1/59 7/6/59 7/6/59 7/16/59 7/20/59 8/1/59 8/3/59 8/14/59 8/15/59 8/15/59 8/29/59 8/29/59 8/29/59 9/14/59 From Ray Whitlowe Jerry Thompson Ruth Parris Gerald Renegar Jerry Thompson U. S. Treasury Ruth Parris Jerry Thompson Ruth Parris Ruth Parris Jerry Thompson Farmers Cooperative Exchange Gerald Renegar Jerry Thompson Ruth Parris Ruth Parris Jerry Thompson Gerald Renegar Jerry Thompson Ruth Parris Jerry Thompson Ruth Parris Atlantic Insurance Co. Jerry Thompson For Rent on Old J. R. Ham Home Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent on New J. R. Ham Home Rent for Iredell Avenue Duplex Social Security Lump Sum Settlement Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Refund Rent on New J. R. Ham Home Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent for Iredeil Avenue Duplex Rent for Iredell Avenue Duplex Rent for new J.R. Ham Home Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Rent for Iredell Avenue Duplex Insurance Refund Rent for Iredell Avenue Duplex 90.00 17.50 255.00 16.00 17.50 16.00 16.00 17.50 1.13 90.90 17.50 16.00 16.00 17.50 90.00 17.50 16.00 17.50 16.00 14.51 17.50 Date From For Amount 9/14/59 Ruth Parris Rent for Iredell $ 16.00 Avemue Duplex 9/20/59 Paul Troutman Rent on Coddle Creek 1,000.00 Road House for 1 Yr. 9/28/59 Ruth Parris Rent for Iredell 16.00 Avenue Duplex 10/16/59 Ruth Parris Rent for Iredell 16.00 Avenue Duplex 10/31/59 Ruth Parris Rent for Iredell 16.00 Avenue Duplex 11/14/59 Ruth Parris Rent for Iredell 16.00 Avemue Duplex 11/30/59 Ruth Parris Rent for Iredell 16.00 Avenue Duplex 2/13/60 Charles A, Ham Balance of Account 1,848.23 Receivable 2/13/60 Robert F, Ham Balance of Account 1, 27.98 Receivable 2/13/60 Daisy Ham Azars, Amount Advanced To 1,661.48 Robert Ham, Charles Close out Estate and Ham and Leonard Ham Avoid the Sale of any of the Real Estate Under Court Proceeding Total Received and To Be Accounted For.....$8,976.u2 SOI ER RON DISBURSEMENTS : Paid To For Amount Mooresville Tribune Notice to Creditors $ 6.0 Duke Power Company Light Bill - Home 21.95 Mooresville Telephone Co. Phone Bill - Home 4.58 The Medical Arts Clinic of Dr. Painter - Medical 2.00 Mooresville, Inc. Services Peoples Furniture Store Account in Full 6.00 Citizens Building and Payment on Loan on Iredell 30.00 Loan Association Avenue Duplex Joyner Nursing Home Payment on Account 100.00 The First National Bank Charge for Services -50 Mooresville, North Carolina Citizens Building and Loan Payment on Loan on Iredell 60.00 Association Avemie Duplex Mooresville Telephone Co. Phone Bill 4.58 Duke Power Co. Light Bill 3.61 Joyner Nursing Home Services Rendered 200.00 yy we y 8S 6 é l ‘y f ue p y 8S 6 l Paid To Joyner Nursing Home Citizens Building and Loan Association Citizens Building and Loan Association The Miller Clinic R. L. Kerr Wise Florist W. N. Johnston Sons Co, Cavin's Funeral Home, Inc. Keith Clodfelter The First National Bank of Mooresville Pless Lock and Key Service Mooresville, N. C, Cecil's Floor Covering Mooresville, N, C, Mooresville Gin & Feed Co. Beam & McKnight Agency Citizens Building and Loan Association Citizens Building and Loan Association Citizens Building and Loan Association The First National Bank of Mooresville, N.C. Citizens Building and Loan Association Citizens Building and Loan Association Citizens Building and Loan Association Citizens Building and Loan Association Charles Ham Duke Power Co. Bobby Ham The First National Bank Mooresville, N.C. For Amount Account in Full - Fina} $ 17k.10 Payment on Loan on Iredell 90.00 Avenue Duplex Payment on Loan on Iredell 30.00 Avenue Duplex Account in Full - Medical Services Account in Full-Grading Account in Full«F lowers Account in Full Account in Ful 1-Funeral Expenses Account in Full Interest on Note Install Locks on Doors Cover Cabinets Apartment House Wire for Rental Property Policy 32-35199 Fire Ins. 1958 Taxes on Real Estate Paid by Association to taxing units Payments on Loan on Iredell Avenue Duplex City and School Taxes Payment on $1500.00 Note Payment on Loan on Irede1l Avenue Duplex Payment on Loan on Iredell Avenue Duplex Payment on Loan n Irede11 30.00 Avenue Duplex Payment on Loan On Iredell 30.00 Avenue Duplex Balance of Account owed 2,500.00 by J. *. Ham Power Account - Rental 7.86 property while vacant Mowing Lawn at J. R, Ham 5.00 Residence Balance of Loan Shown in 1,218.80 Receipts Paid To For Amount The First National Bank Balance of Note Secured $ 833.60 Mooresville, N. C. by Deed of Trust on J.R. Ham Residence Salisbury Marble & Granite Grave Marker 90.94 Co., Salisbury, W. C. Mooresville Oil Co. Fuel for J. R. Ham New 21.21 House Beam & McKnight Agency Fire Ins. on Rental Property 9.74 Robert F. Ham Plumbing Repairs to Rental Property 27.10 and Heating Eompany Citizens Building and Balance of Loan and 1959 439.55 Loan Association Taxes on Iredell Avenue Duplex Pless Lock and Key Service New Lock on Rental Property 2.50 Mooresville, N. C. Ray Whitlowe Yard Work on Residence 4.00 Bobby Ham Yard Work on Residence 5.00 N. C, Department of Revenue N.C. Inheritance Tax 435.18 William S, Neel Attorney Fee 300.00 Clerk of Superior Court Administration Court Costs 24.10 Iredell County Leonard Han Administrators Commission WAIVED Total Disbursed and Accounted For... +0$8,976.42 OR ener te RAC iil. That before making said distribution the Administrator paid all debts of the deceased presented to him or of which he had knowledge, paid all Inheritance and Estate Taxes, and all costs of Administration. And Now, having fully administered said Estate, he prays the Court that this his final account be audited and approved and that he be discharged as Administrator. This Lb Lad day of February, 1960. NORTH CAROLINA IREDELL COUNTY Leonard Ham, being first duly sworn, deposes and says: That he has read the foregoing final account and that the same yy we y 8S 6 l ‘y f we y a true, proper, accurate and complete statement of all his dealings and transactions and all of the money and effects received and paid out by him as Administrator of the Estate of J. R. Ham. As - Doe Oe Cf 4 ‘ (Kee Yeonard MH. Ham, Rantnistrator or J. R. Ham, Deceased Subscribed and sworn to before me, this //, day of Eo briucieys 1960. / / i & | My Commission Expires: / 47} iii (% ; hin We, the undersigned distributees and heirs at law of J. R. Ham, Deceased, hereby severally acknowledge that we have examined the foregoing final report of Leonard M. Ham, Administrator of J. R. Han, Deceased, and we hereby agree that the foregoing final account of said Administrator is correct. agi a < ad harles A, Ham Daisy H. Azars NORTH CAROLINA IREDELL COUNTY The Final Report of Leonard M. Ham, Administrator of J. R, Ham, Deceased, has this date been examined, audited, approved, filed and ordered recorded. erk of Superior Court 8S é 6 l SUMMONS FOR RELIEF—Clerk.—Printed and for sale at The Landmark Job Office, Statesville, N. ( 8-1-’98-1m Lor dele, County.--9n the Superior Court. Th Waren In ardent AA, hoo~a.. V1. Mz bb, earn fect. Marry, | a oul tithe State of North Carolina, To the Sheriff of nil. County—GREETING : Wou are bereby Commanded fo summon Gi daw Mason ils Mins, ' hegfgrsa. Muon the defendant & above named, if Lan be found within your County, to appear at the office of the Clerk of the “ fo a) . Superior Court for the County of LCLEcC ,on the & © dayuf Law ON and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court*tor said he County, within 40O days from the date of this summons, and let ames take notice that if ——- fail to answer to the said complatnt at that time, the plaintiff will apply for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. ee cs a 427 hin Given under my hand and seal of said Court, this 48 day of A haw <tT A Pi — oe 4 f : “ a 2 ez, 4 = Ay, a ; ; : 5 eS / Z 7 Clerk Superior Court of County. ; a Z f. Aa a /_ - f ~ C4 4 , SU M M O N S FO R RE L I E F ?? Re t u r n a b l e wi t h i n £¢ € da y s in t g th e of f i c e of f f Sf es Kd th e Cl e r k of th e Su p e r i o r Co u r t of Fr a ‘ Co u n t y . Re c e i v e d Se r v e d Sh e r i f f Co u n t y . a Ch e e i Pl a i n t i f f ' s At t o r n e y . a SHuperior Court Refore the Clerk << Oo eo eo <> Weber, wife of Moses Weber Milas ram; Bettie Lamhert, wife of Alvius Lambert; ares f : Robert ,am; renry ran; Josenh ram: Christc Oo parti- . 3 i Sarah A. Howell, wif: f° } ; nn Ham: M on land. han; and Thomas Ham, ine Superior Court of tredel County. ners complain and allege; irst. That they are tenants in comnon and are seized ile and are in the possession of the following descri bed lands, lyins and being in the Count. of Tredell and State o North catolina, adjoining the lands of George Weber, Dr King and otners nd bounded as follows: On theo North by the lands of Dr a on the South by the lands of Charlie Rickert and the 1 place; on the west by the lands of M.E.Hicks and Sam on the east by the lands of Tom summers and GW. Weber and containing about 340 acres more mm, rond. That the interest o the petitioners in said 2 one elevent snereof; wartin a ran, Moses Weber, one elev thereof; Milas A. Ham, one e: enth -Of; Bettie t,ambert, of Alvius y;ambert, one eleventh of; Robert Ham, one elew 1ereof; wenry Ham, one eleventh ¢: ereof; Joseph ram, one eleventh thereof; h ; one eleventh thereof; sarah A towel}, wife of Tyra Howell , one eclementn thereof; and iam, Myrtle Ham Y , Thomas Ham, Milas Ham, Sallie Ham and whildren of T.¥.Han, deceased, the remaining one eleventh Third. That the defendants, Milas ram, Sallie fan and Lizzie jam are minors under twenty one vears of age, without gener al or testamentary guardian, and at present live with their Mother Mrs Eliza Ham, in Iredell ¢ unty. Pourth. That the petitioners desire to hold their shares severalty, Wherefore, vour petitioners pray that you will appoint three commissioners to divide the said land into eleven equal sha; >, by proper metes and hounds and to allot to each of your petiti tioners such share thereof as each is ent tled to; and if an equal division cannot otherwise be made, the to charge the more valuable dividends with such sums as they shall adjudgre n cessary to be paid to the dividends of inferior value, in order to make the division equs and to report their proceedings under their oe Fg iD” Fs coerce Cole ini f of November 1907. (wf - Lar hands and seal: ‘ mas possible into vour Court. North narolina the Superior Court Iredell County Bef ore J.W.Ham; Martin A, Ham and others vs Order appointing { { f { { { Milas Ham; Sallie Fan and Lizzie Ham Commissioners, The petition in this cause being heard, it is ordered by the Court that R.F Rives , County Surveyor, T.P.Summers and "bh 16 | 11, (hkbeed, ve and they are } eby appointed comrisd oners to fivide the lands described inthe saic ition into eleven equal shares, and to allot to each of the petitioners one share in severalty, and if equal shares cannot he made by dividing the land the said com- missioners are to charre the more valuable dividends with swum 8 ums of money as th shall deom neces sart t e paid to the dividends ofinferior value in order to make an equitable partition. Said Commissioners shall meet on the premises at the time sum- moned by the Sheriff and after being sworn by a Justice of the Peace, or ner person authorized administer oaths, shall vide the said lands. The Vommissioners are employed ty the county surveyor or some other surveyor not connected any of the parties, who shall make out a map of the premises, showing the quantity, courses and distances of each share, which map shal). accompany and form a part of the report of the cormis- Bioners, and the said commissioners shall within sixty davs of the notification of their appointment make a full report of their proceedings, under their hads, of the hands of anv two of then specifying therein the manner of executing their trust and descri bing particularly the land or parcels of land divided,and the share allotted to each tenant, with the sums charged on the more valuable dividends and to whom to be padd. . fo This November 26th 1907 \ SL) AN KX) a Ni a ac acer bei k Clerk Superior Court. 4 ‘ 43 ne J aff : x 7 / — senda - é 10) ? ts fp Ui Mord, Marly Ae Kan ant othirg. 1 null uspuabjicll ; | f-/ ; f rfort lot a4 724 ra a Pa fr 447 a £ ae dow rh Il aad itl t J ’ ' (10° 7. / £ La VU) JG wendt ie ul Vircay dint @ te tL W127 4 rhe. é L 7 , f Ps tae Jy coum Ck 0: ' le (te ne mt /. Z lta 70 “y £ if Sits. Ls Athy (> Ld ‘ . , : : ee r? ae tf. tt by £0 uak | Laat bt ve ce ne rforl Ly Lig VG p1.k. 47, ee 240 ala Aish: Co) 22° , t/ f Fin oe 127 Voi lariat direct 21th70 cd, brs, es farted lo us ) Tons Corner of 4 f- Adam t Up ree 42. oT C. (4 folis ae bin tah; (2210 4 { Cornercp bol Vito. dk, Di ete ee had bigs, ay bess / 6r8 Mh 7 sd. Ar, f ale Yi rs for C ‘ Marthe. Ins td Mbiag : { ELS aie — af / + Ly ats cliwrasael ib 07407 ng ata bad Conia of Dol tad Pach ae 5 od "a 2 MY fotix cs Viel ae eee af ear tha fp ie COYHLA cf at Pi Fi Bsus Jen's. (3 f- ee 1 aak hea 8 Coriitr. “Ath bate Ce ok Stas oe, ee ed tend Moeaske lad tin 3 Scan A, tN 1244 fola le a Tena Corvsr Mn 8: deny F567 £3 foles ee eo ag Ke sala Ac AC rYwA 4h7 CU ma 7,14 Kil oll Mol lo Mele fe Ka gu. f f Alo. Kirs¢e le dn, lot in 2, Vin, Shar rit /2, ‘” €. (24 fot \fr a OS : 4. SA LHe 7, 5 I, Af fale f lh, Pee). , f j wife, Sat ofl €f.. ee 1 bee. pt ad lot We &, Aricl revs db, Sh ee Spae st dA, t7°¢, fe IG / me 7, ly (A JplAave 6A4 [tes hy t A £ a f 4 APACSEA M, A7 fo £9 lo Lp Ft pt tA altel fe fp é, ‘el: (417 vf 4 th A, a j Loe ed bot Flin Bi WN Tn 4 f, p7°G o> > (Of Le th, & , Sy ae e a I, wt Pidy (Wo 74 fra oa Slow COL), bho: Wt," Te 36 fetes d) - : AS} Corey grrr rr bess, aitch 1208 C, 7 (t fotes : lot f : Mee tee (LOA ¢ a7 G ‘ ? Comers y AeAd l al/ptia lr bbe de ? SL sheet, (ty Jcutracthicle / ~ eo et) Sy tet La IP. ee ,: Pei : ( iia te. Mats fle A 424 an ASJEAL Frau “o tM les a. (a e ras tre G1 Fees Fe 1 20 neh wd ee Sse ise _ 1G & ~— “ZO wf I e Zz m~ 7 Lala ES Zr. ‘.. Jbarle the ok. ( "Ce a ya 7 oO herded Cltls tha a 6 #2 x ~~ riba et KLecr— fe znd ¥ geese Cte. oebdey y¥ Mei. ob Ee z ee ¢ ‘ged CAC oa “a. id OQ A ated ) 4, Ip Trees a éo t }, 2141 Te iw 4 f oe Ue ghe LY td 2 2 a AZud Cerri LI £ A a 1 ce o aro , eats, oa a Ty _ Jd + - ie Waals a 7x me 3 A 7 Me Leh xd 16 ee oe oe we edt ae Jif f La. <€ bat a “l00" 2 26 fey Se PEAR ce Ce2z1y Ot tidy Jel oO a" CcA: eae ee / /éta fe i aid Odin. Pac l W fd ae ala: CBIIL ye CK Ps (/ “Od a a gr , ck el Fe. Lt - ee - 4) c ef CA. ge le i, @ ndiea ie S f l /, ° ) ? aso: / F ), fi fae #7t-¢ fA Y), Os AN 4 / 7a e Pe os ok fi to dt £m the i colo. DD 2, os ? Ve E J 5 eM pte Bef fad. c ‘a “ve 4 / r sp a / Sf EO PIL BT a Ab pf PA ie Le 1 fi ee, kf E } Yi 4 i o y / fe / Kose fh PB lect lap 4 / a Avyercu ie ie Ay J i f 7 eva we i. 6t- $4 cle CO . e ths eee Moa pry , Aéid Pe ease oH Ca ef” — ( A 4 a veot Mes € fe J. Ya Fale d “Prove C849 é fs ies Pe forth. Pla 5 At Catt tn Maton at Stila. later He LOA/LDB 2a Sia Pac. afl ale AeE2, of 1 «. . ! LY OF ma ) g7 , bh e h v t e l l > oe SLE ig ee eee Application for Letters of Administration.—Printe} and for Sale by Brady, The Printer, Statesville, NC. In the matter of the Administration of the Estate of i 3 : Parcs re eee ee Wy a cc Hex ate Before __ -----, being sworn, doth say: . c t | a c Ee Lt 4 f i ; re Phat... i ‘é ne 5 -late of said County, is dead, without leaving any Will and . me : re Mt 4 , Cestament, and that ___. % : Wn 2 / aK. --~+------------1s the proper person entitled to Letters of Administration on the es‘ate of the said ....... ee a. Saw es ese s y a j Further, ‘Vhat the value of said est: i. ay as Ci a je ascertained at the date of this application, i is about $. r G - Ly ae At » lea, § nd_ that Wr en on oo or Hae Use 2H FG a . —Tatg khee te iy ek zy Anke gi L144 are entitled as heirs and distributees —/ Sworn to and subscribed before me this _ 7} day ee - a se AL os ‘ i 191 ) ‘ j fg 4 Clerk Superior Court. STATE OF, NORTH CAROLINA. i LO OKL tf COUNTY, J Wy mn ty t+ = ak eee es te ee re ------------., do solemnly swear (or afirm) ‘That | believe that__ W A, ei Sgt a ate ee -...-died without leaving any last Will and Rights and Credits of the said SS.—In the Superior Court: lestament; and that I will w Il and truly administer all and singular the Goods and C hattels, A*~ <7 lA. a . Te c 4, sittp pk ----, and a true and perfect inventory therecf + return as provided by law, and that a!l other duties appertaining to the charge reposed in me, | wil] faithfully and honestly perform with the best of my skill and ability: So help me God. > Subscribed and sworn to before me this_ ? day of_ Shek, es 191... a¥. ioe) % North Carolina In the Superioru Court, Iredell County, In the matter of the final celtlenent of 4, M, Hicks, auminietrator of M, A&A, Ham, ti “id, To Honorable J, A,Haritness, Clerk of the Superior vounrt of tredell County North Carolina, You'r petition lal cettlement ae adminietrator ac follows, to-wit; me third of rye half of shucks one third of wheat 5 1/ one tnirca cf corn 27 bush 3 year 1918 acsounte ne third of wheat 6 busnes and 29 lbs third of eats 42 husheg a +h = w,3 f m2?) >} Lnhirdc Of snucks Letters of Administration Ferterlizer account /Un@arl expences Terteliz r Sor corn Storing corn Fertelizer Yaxee for 1917, 1918, 1979 Total disbureements fatal Recebpts Total Diebursements Balance ise & Pe oe Subscribed and sworn to before me thie the 8th. day of May 1920, The foregoing. settlement is hereby audited and approved and is herby ordered to be recorded, This May 8th, 1920 LAD ZY i ee ie fe Clerk’ of Superior Court, The above balance of $91.77 now in the hands of the administrator of the above estate and turned into the office of the Clerks of the “uperior Court of Iredell County, North Carolina goes fin equal proportions to the following named heirs at law of M. A. Ham, deceased , to-wit; W. A. Ham, Montesano, Wash, $18.35. R. M. Ham, Pilot Rock Oregon, $18.35 Mre. R. V. Williame, Tampa, Fla, $18.35 Mrs, Synthia Ham, Tampa Florida, $18.35 Mrs. E. M. Hicks, Statesville, N. C $18.39 TOTAL a..77 Mon th Retin *A q y n d e q JX J TT L D o* s * Se u y re y y* a fl y & %, 9 0 V “a p y ut ‘o z 6 e YO O Ta t u r a st te t } TO N T S T UT S OT T n° 'T Y U N T J WI ab i l J NT Ps 7 SACL TLL) j ‘ , ( " fs. . * \ ¥ iz . , x kX LIAL PES 6G, ‘ And ‘ ord Le oD eo bg } pr? aie heug » Hlberabe fee mat oe C ~ Os i Pie, Pd > Le a / Se A BR ae & ver, AL CL fe ln 7 C Ly Ctl rl 77 A Libs: pe. ae St voit Z Zi. Z Lo ed | | Af ee fe, Pale. ‘ i 2 Td Loi x of] C2 pet Lei, (7 J. 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Pz. a@Y4A oc O92 2«/ fags 4 : ) 4~ } saw Lf 4h lS GLH > 7 KH A ley f& JE4z ea a < a Z iia cen ex om xk ¢ Ae a Tob eg be Card hee nea = ‘ OR de foe J Rx me ~~ xe BK m Ber — COL pee. : ” Z nik oe oe te OU) ¢ i att A 4 -~c Leefia z.® -_-—* (tk +O Y s? » ne a LAY o-tem < _ Fence OSPc CLOT bo. “i — Ant Sax, aS. ¥ ‘ti +O his cactdie 4a & Pm hc te 2 bh +e >>. het Lx a ie , 7 ff ’ é FZ e272 2K Olax Tat~ Prams bas th Le) a ee a a om | ~C | z£, f° BO Bi Guan. by Laisa CATr¢ Ae TS Zs o ? SP LD 4 one a tivdin: ee cale: ff a gk. a i. the 1 bag ot dtiin,,. aE. Mire bes Ao. SO LD A. Pteg Hebe IO KS fetwti ZF, a derop Lose Ct SP idgy| 2\ sy a Banh ena SAE Vey, ‘ a? OM Since, i eat p> et heii i Pw mer Sf Fe LO p ORE y te $2 tere hes Ee eo i Se. Voie tec6~4_ Cb -o- Ser fy EAT Ae - f& LAF Le OO” ee ae a ath. Lye ey te 784ae =| Arlee Meee oe | 4|6e My TS6 0 SEBS e | IZ ta p> Sy y cn ss c — | 366-47 A jae 7 LER Fick o“ | | , ‘ope CF = 18 e2| | - | /4 G7, ‘OU hts ve LP | 4 ea 11240 Ze oe | 7 Zh | Wt Jal a len A Adana F ther 74) 2 b2¢ | ae € BUA; PLaert A. Aka? F oe | Lc ae | » 5 5 fk ee 4A ote J a | 0G hgh lp an ifect Wt 2\. #9 , i a ee | DZE Cet 2 Corey, i ne ses Gos 2tCotmece_ fee fetes pe ee oy _ ate oe Coe ALG CmniePeegzee - ye Le “ff gee ae ee ee. A evel aA LAE be bx 8. Cr ¢ oe law we, yr ton Hi cp tee a DP eh flee Z. bi€atec YZ YY See COAG yer AALtace tha HAA meget a scrotal gé - a aiatecesteri St he ZA a7 ere Cy Law ete « ed ae i ie > y Cede tutte: CHYOE. 07 Spee’ agi fer ett yer ivi waa J fin sha Ces tr Z $e AS L 7 Z fo he ee of T 4 Co a l ke ie JA y. Fa stiea se t i a e i n s t i a t ti i e APPLICATION FOR LETTERS _TESTAMENTARY—Printed and for sale by Brady Printing Co. oy Statesville, N. C. — APPLICATION FOR LETTERS TESTAMENTARY oo THE - WILL OF — =—3 ae: : being duly sworn, doth say: That .<. 1h se i pris adi eran ae aoe Sec ae late of said County, is dead having first made and published last Will and Testament and that is oe executor named therein. cy phe property 7 ahe 5 pei pec eget ate aid me BORE: subscribed before me eb. a -#-Clerk Superior Court. SS IEmeeeemmees LLL OATH OF EXECUTOR f —« ‘As — 44 he AL hot Mii l hte ed bee of aes ho Lf “do selemuly swear that I believe this paper writing to be and contain the last Will and Testament of ak Msz Ee AE ba. that I will well and truly execute the same by first paying his debts and then his | tend, or the law will charge me, and all other duties pertaining to the office to the best of my skill and ability. So help me God. Subscribe y 4 Beka Subseri ed gad sworn to before me this__ egacies, so far as the said estate shall ex- ef Executor I will discharge according to law, TA * A hietes vgs Fi l e d in th e of f i c e of th e Mo r k of th e Su p e r i o r (C o Ir e d e } j , St a t e : re e e r d e d in Bo o k (L A T om PG R el Fo i e Pu b l i c Re e e r d s of sa i d Co w u t y AA A . at e ag <> » De p u t y Cl e r k - ~~, Fi l e d in th e of f i c e of th e Cl o r k af th e Su p e r i e r Co u r t fo r th e Co u n t y of Ir e d e l l ] , St a t e of No r t h Ca r e l i n n ca th e J da y of <o + ~ . A, Pu b l i c Re e u r d s of sa i d Co u n t y ae aud re c o r d e d in Bo o k —L Z ot La o n pa r e ZZ i No. 82.—Application for Letters Testamentary.—-Vrinted and forsale hy Edwards, Broughton & Co., Printers and Bind (ite dicee- County--In the Superior Court. IN THE — ue THE WILL OF i eae a Zh fx Before SMM eL E (TAP. ) : ee Clerk Supertor Court. 7 Wie o a. 4 Ep EF L- being duly sworn, doth say: That ZEAL , late of said County, is dead, having first made and aa his last Willand Testament; and that fll DO baer Mitthe executor Framed therein. Further, that fhe property of the said Ma Mawr consisting of fltrearen ct. “cal Litlale is worth oe su .8o faras can be es ered al the date of this application, undihat QtAale £ Maree (py bedt 44. arn, C If, Pater, Yh x. Ma Cel rtleu Geller Wife Cy ? Mex ge Gpethee, ey Mineie. lpthes ov 1m Hegbeh Agases faces, faced pe oy ae ni & Lok U- Mabe | | Afitdrcu) are the parties entitled eRe satd will to the said property. Sworn to and sypscribed before me, eh / Lp ' SB day of Sf2CAE * 10 ae Fz Fam, ‘ 7 \ Clern Superior Court, / Mall A ee Jertp Caebleeca é Gacbleet lltcaty é Sie wae ae tt aoe i, a PE oe. \Filzte F ZZ 7 on M22 MO CY Cecenhe, MttCae EG PPL 4: es Je pectizey FF Ae 2 bith Vntl gee bec Taiecee™ fp LE. fe Perce KO: we Write Spell ach as Weng Me Bteuce he 7 LigX, htw a ae Cres SO ee Cor Ze en Gate Halt ile feel) ee A Beer Drece Circe bath CL Rtleee Mee teen eq? Fe thee ¢ Myo Be. Oe O21; om 9 Ectl Be tht a re os age eee A titer % Viet ee oft cece” p~trLlte eles S52 hil Ao Sane a oforitl Mle od Wnt llece tlle Ipae 00 (TI Hla EX@ - a r a a i ry rio Ys oO fc Pee, AO ’ ; £ Pea ? % 4 7 beat) R27 opt ak ee c ' 4 ‘4S ij fp a AF} Tae ¢ th i ye LU f f fie A Liye q 4 2 wth. 4G t 4 we ole 4 f > j re . OC 4A C-dleoe Ca yy i" DE / O/ a f a c Recep tteteee Lx LET oe f Fo) i, ZO nD an C a : ; : PZettz a ; LL E-2 Z: Ss — SF View Le Le Li a vy = ~.. 4 Os “ Cas Ly eS cnc, Dace ef P~-G a 6s” RE A : 7| fees Bh? Ge 22 c f JS SLID + (a7: a - 7" A ae Ka fe CL } —/6 Fi f/23 60 beg F V0 Cover b2) J6/ © s-¢s~ y 4 12280 6.19 136.04 «facto Ufix. 16-189f f 39.96 Pe xp + &, eS Cpe ue Je (PO) Ber a SLL Pies _. . CO t t t t t 1 e Pi 1 Ly Jf (f p ff CH L ea e \ ni i i a i t a m t i a i a n a a n , ic a n t ae ae a A ' / ; J , 4 “A, ee Wy A, x a of WA 4 é , : i . : a ; GZ eth Le, Z LAL Gj Z ff 7 (Me L y C3 / J 7 ¢ J | ts bAl, Yt, Jaa firyfe/7 $22.76 y badhe le-P DYleole ae SOL 71 io Zbl a *v Qetlen i LI. CLO/TL- SF. OO , teaek we Pie Mott. oe “tyke te des Spot 76 44 ty : Gy, ADOO / A Go om ae al oboe LE Wl ‘ooo Lb ak? ty nes Lt. Ul . 0 iy f. WY rhe fi / / eer iyilne UY), “re t fy sta Z Sf “ ype t1-€ JU TF » tee ae [Wy Hens la LL, Ook. 3 ‘72. Lenses (pe nt. Liat ay Gr7 7 Ok. 34 fP Bh FF. x4 See es. ee fy? lyfe indie ©, AL WS - A * rf e reo é C2 CU, [sex A Lara & ZO ee OD VP eiigindle My ees. orafeer be; 2 Ab lr boted heatsink ~ Zs G € in c a A+ t A ~ [C r e e r | OC D E R eg Ne t h e r = fy ss LE S > Summons For Relief—Cler&--Printed and for sale by Brady, The rrinter, Statesville, N. Aha on Coun. ae the Paeen dain Dey ote ae , Lpeckne Man~,. Seen SUMMONS FOR RELIEF Wa Ww State of North Carolina, To the Sheriff of __ ro Atcew ____County—GREETING: Wou Are Mereby Commanded to summon ___ the defendant.___above named, (ables found within your County, to appear at the office of the Clerk fe of the Superior Court for the County ae ere on the__2.°2 day aaa TQT_aae Z and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Snpesrior Court for said County, within. #7? __ _days from date of this summons, and let_Feenn take notice that toh fail to answer to the said complaint at that time, the plaintiff_S_will apply for the relief d t@- manded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this_ LG ay Of. fe meee BA SOL 4 te Clerk Superior ee County Re t u r n a b l e wi t h i n da y s in t o th e of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t Co u n t y . Ig 1 _ _ At t te YY S; ad s Kh a lp f $ 7 Sh e r i f i _ We s 2 co u n t y . Pl a i n t i f f ' s At t o r n e y . Summons For KReljief—Clerk--Printed and for sale by Brady, The Wrinter, Statesville, N. € &-25-10—1000 __ County.-- Gn the Superior Court. SUMMONS FOR RELIEF. State of North Carolina, To the Sheriff ; a Lee ______County—GREETING: Wou Are hereby Commanded to summon i Wy Sad the defendant___above named, if _ * ae be found within your County, to appear at the office of the Clerk of the Superior Court for the County tcl Nites ,on the 7@ day of ii 191 and answer the complaint, a copy of which will be deposited in the office of the —- of the Superior Court for sail County, within.“ “days from date of this summons, and let_AM—~ take notice that . ae ee . . . . . ; ie if “7%. __fail to answer to the said complaint at that time, the plaintiff___will apply for the relief de- manded in the complaint. Hereof fail not, and of this summons make due return. 4 ee : Givén under my hand and seal of said Court, this_ w * Ree eG soni a eho Mid. ie } a ff Clerk Sypétior Court. “Cha (££ County. 4 AG A I N S T SU M M O N S FO R RE L I E F , Re t u r n a b l e wi t h i n da y s in t o th e of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t es Co a l : Re c e i v e d Se r v e d Sh e r i f f . Pl a i n t i f f ' s At t o r n e y . id Ham,liyrtle dorn ebb “orn, to! 1d. , + Ha m , Si l a s North Carolina Superior Court Tredell County. Before the Clerk John Ham et al vs Report of sale Lizzie Ham. To James A.Hartness C.8.C. By virtue of a judgment in the above entitled proceeding I exposed the lands described in the petition is said cause to public sale (after firet advertising said sale as directed in the order and as required by law) at the court house door. ,at 13 O'olock M. on Saturday March 23rd 1912., when and where John W.Sumers became the last and highest bidder for the First Tract ontaining 28 1/4 acres more or less and HK Ot f ate VG as* ey known as the Eliza Ham tract., and A.H.Wilson become the last and highest bidder for the Second Tract containing 31 scores more or less and known as Lot No 1 in the division of the Silas Ham la- og ff 4 nds «¥ That the purchasers are ready to comply with the terme of sale if same is confirmed. The lands did not bring tkmkxxxx as much as game are worth in the opinion of your Commissioner and I hope that advance bids will be placed on the same before the twenty days all- owed by law expires. For this reason I make no regcommendation as to confirmation of the sale This March 23rd 1913, North Carolina Superior Court Iredell County. Before the Clerk. John Ham et al i vs. i Decree. Lizzie Ham . } This cause coming on to be heard and being heard upon the report of the Commissioner and it appearing to the court that an increased bid has been placed on the 31 acre tract o* land bid off by A.H.Wil- son but that no inereased bid has been placed on the 38 1/4 acre tract bid off by John W.Summers: It is therefore considered and adjudged that the sale of the 28 1/4 acre tract to John W.Summers be and the same is hereby in all respects confirmed,and the said Commissioner is hereby directed to convey the gaid lands to the said John W.Summers upon the payment o of the purchase money and every part thereof, An advance bid having been “laced on the 31 acre tract the sale as to it is hereby set agide and the commissioner is authorized and empowered and direc- ted to re advertise said 31 acre to for re sale upon the same terme and conditions as set out in the original order for sale. Seid sale will take place on May Zoth 1912., at 12 O.clock M. at court house door. This cause is retained for further orders ae ie cnr thal enn Ec April 19th 1912. cferk Superior Court North Carolina Superior Court Iredell County. Before the Clerk John Ham et al vs Lizzie Ham . By virtue of authority of a judgment in the above entitled cause the undersigned commissioner did on Monday May 20th, after due advertisment ,expose the $2 acre tract of land mentioned in the petition to pub- lic sale at the court house door ,when and where R.S. Ham became the last and highest bidier at the price of $400.00 for the tract. That since said sale your commissioner has received and advanced bid of $84.99 ,and therefore asks that said landa be resold bidding to commence at $484.00 Respectfully submitted. -._, Sommiseioners. By JT C ] North Carolina Superior Court Iredell County. pefore the Clerk, John Ham et al vs ORDER. Lizzie Ham . Upon the above report of the commissioner it is ordered that the lands mentioned by resold by said commissioner after advertising same for 20 days ag provided by law . It is further ordered that said sale be at the court house door of Iredell County at 12 O'clock M. Monday July 8th 1912. and that bidding comuience at $484.00 . and the former gale is hereby set aside ,. Thie June 1912, tat a ae ECBO se y i s “w e y lo l u North garolina Superior Court Iredell County. Before the Clerk John Ham et al vs Report of sale Lizzie Ham By virtue of authority in me vested under a decree in the above entitled case I exposed the lands to re sale on July 8th , after due advertisment ,and there wg no increased bid put on said lands over Sisk be M.AeHam and wife Sallie O.Ham of $484.00 as reported by me on the __ day of June 1912., and I now recommend that said sale to the said V.A.Ham and wife Sallie O.Hame be confirmed as they Jtand ready to comply with the terms of said sale by payin in cash the amount of their bid ,and thia seems to be all said lands will bring. This July 8th 1912., c L/ Lee ‘ Commissioner NMA rH Perse oO th OA ates Oosts X ‘ +. £ @ O07 CaaKk ar al, 4 ¥ * ~s + Ih o $, eligay the ent of vy y ARMXIT NST ter- who in @ w ieg ive ie part BO + u th of the = strato ag Y and ni 3 + 3, 3 n, & © ® by a bg » nuch sac GOUMes SO Au ~” a4 nore - or so Tr tT, etle fl nn ls Ply to ¢ Ha m , Si l a s 19 1 2 Ae oe =a OH eVe wv * ae baa ¢ 6 ~ r ¢ & Bill of Cost—-Special Proceedings.—Printed by Brady, the Printer, Statesville, N. C North Carolina, County. INTHE SUPERIOR COURT, wo. Answer. Summons Docket and Index Alias Summons. Cop Affidavit and order of publication Application for G. A. L. Order for G. A. L. . Appointment of G, A. Ll. Notice of publication each name. Answer of Guar. Ad Litem . ¥. Sheriff returns Motions and Orders. . Affidavits. Order of Sale. Report of sale. . . Order of re-sale. . Report of re-sale . Order of partition. Report of Comiissioners . Judgment Docket and Index. Order of registration . Acknowledgment of Deed. Be» Sheets . Motion and order oa ; ; Peasy ee, CRTCL Gee ceeenese $0) Bory Ss Renin? Cetotn. any i oh P ; as wae. etek iol ct ae (Aecoag ) 6° Oo Ze oe ttmeds Gao “eb An n> es E790 ye ee SS - Pre ALD ALOHA aE. 14/\20 PVA Fe Dee Cet CR Cater. - y ZO / fy eo 3G NE-SAI ANDs. |. By virtue « nent of the | | Superior Cou n the Spe- | I | ceeding enti: Ham et allot: ‘vs. Lizzie Ha, indersigned | z os ithe ¢ ‘ | Commissione: 4, On j the a ; | maric | Monday, May 20th, 1912, | nates s|at 12 o’lock m., expose to publie | out tl i Sale at the court house door to| the pa: ithe highest bidder the aries 0 following bane | described tract of land, to wit: | Dog Ta 2 |. Beginning at a stone, Hicks’ | ters wh ‘line, and corner of jot No. 1l,and! Onal running thence §, 87 KE. 84 poles | structec to a stone; thence N, 3 ].2 K. 114) forts to poles to a stone in Hicks’ line; duties 0 thence with Hicks’ line ¢ 39 W, | est of t '149 poles to the beginning, e5n- | nominat | taining 32 acres, more or legs, | hominee jand being lot No. 1 in the divis- | candidat ¢ |ion of the Silas Ham lands, ' dial Sup} 4). Terms— One - third cash; one-| third in three months and _bhal-| i ~/ance in six months, Bidding to! FOR 94 \ commence at $396. | Lanner C. H. HORN, Commissioner, | for re-nop larry P. Grier, Attorney, | County T April 25, 1912. dts jaction of Mae ee Eee, | and cony Subscribe for ''he Sentinel, | _scansecnunt LE OF ‘VALUABL E EANDS. By virtue of a judgment of the Superior Court in the Special Pro- ceeding entitled John Ham et t al vs. Lizzie Ham, the undersigned | Commissioner will on Saturday, March 23d, 1912, ;2t 12 0’clock M, expose to publie } {s sale at the court house door to” ithe highest bidder the followlng | described lands, to wit: \ First tract. Beginning atastone . in the forks of the road, T. P.y Summers’ corner, running thence _ N. 11 E. 54 1-4 poles to a stone, > Ly | said Summers’ corner; thenee W: 8 ,16 poles to a stone, Wilson’s cor-\‘ iner; thence S. 10 W. 148 poles te ia pine, Summers corner; thence: S |N. 86 W. 42 poles to the begin=\ » | ning, containing 28 1-4 acres mors or less. Being the Eliza Ham.~- fe tract. ” Second tract. Be ginning at a tone, Hieks’ line 4 corner of 1, and running thence 84 tpole stoa stone: thence . 114 poles toa stone in thence corner of Lot ; No. 2; thence with Hicks’ line S. 59 W. 142 poles to the beginning, | containing 31 acres more or less, | Being Lot No. 1 in ine division of , | the Silas Ham land; | Terms of sale—One- third cash, > | one- third in six months and bal. ance in nine be hs from day of ey H. HORN, "Cae ia Harry P. Grier, Attorney. bi _ Feb. S "ee 4w Ha m , Si l a s 19 1 2 Fee. , F/ 43 ¢ % . - ‘G seerersliempeininianimareesiacs ee oa cick poATION Fon Terie TeSTaghrany Aiication FOR LETTERS TESTA TARY ee ee ee ee IN THE MATTER OF ThE WILL OF IREDELL COUNTY:--IN THE SUPERIOR COURT ____—Mrs J F Hamby Sikes C G Smith C.S.C. being duly sworn, doth say: a ee | ee Saree KS __ late of said County, is dead, having died on the __ 20th day of __ Sept Pee g oy cea Hee 1923, having first made and published her __last Will and Testament and that C C Hamby Ee eae ase SP SMihl ana tee is the exeeutor named therein. Further, That the property of the said. <a JF Hamby _ ais consisting of Real Estate $_1200.00 ang Personal Property $ Bah so far as ean be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS C C Hamby nephew Statesville, NC # Mrs Sadie Hamby niece " are the parties entitled under said Will to the said property. Sworn to and subscribe f Ss eee ay OO HY cmd tree ee RFD #4 | # Clerk Superior Court. Address Statesville, NC. OATH OF EXECUTOR STATE OF NORTH CAROLINA SS.—IN THE SUPERIOR COURT. IREDELL COUNTY EER SS Ra ieee eed ee ee do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of __.___Mrs J F Hamby eens that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall tend, or the law will charge me, and all other duties pertaining to the office of Executor | will disch to the best of my skill and ability. So help me God. Subscribed and Sworn to before me a fe. te eee Sica, Execut -.. day of be 1 ome - ‘LE <2 C oe 5" ex- atge according to law, FO R M A- 1 0 4 NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E IN H E R I T A N C E Ta x Di v i s i o n RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T NA M E OF ES T A T E CO U N T Y . NA M E OF RE P R E S E N T A T I V E AD D R E S S NA M E OF AT T O R N E Y AD D R E S S NO T E : Se c t i o n 20 of Ar t i c l e on e of th e Re v e n u e Ac t re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to Pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo : th e wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e Fa i l u r e to fi l e th e s e re p o r t s PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T —— — - —— — AG E RE L A T I O N S H I P NA M E NA M E OF BA N K NA M E OF BA N K St o c k s an d Bo n d s ow n e d Re a l Es t a t e ow n e d by En t i r e t y (i n e l u d e 1, va l u e ) Ot h e r Re a l Es t a t e ow n e d an d lo c a t e d in N. C. TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S CE R T I F I C A T E OF CL E R K Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s of th e mo n t h of DO NO T US E TH I S SP A C E ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th e IM P O R T A N T : Pl e a s e in d i c a t e wh e t h e r Ad m i n i s t r a t i o n ( Da t e Ex e c u t o r s h i p ( ‘S I “A f ‘A q u i e y cS o l NORTH CAROLINA, IREDELL COUNTY. I, Mrs - F, Hamby, of Chambersburg Township, County of Tredell, State of North Carolina, hereby revoke all former wills made by me and declare this to be my last will, After the payment of my just debts sncluding my funeral expenses, I bequeath and devise as follows: Finer, bequeath all of my household and kitchen furniture, pictures, books, household supplies and equipment, Stocks, bonds and money in the bank to my neice, Mrs. Sadie namby. ND. I devise my home place consisting of 28 acres, more or of land locsted in Stanton Township, Wilkes County, North Carolina, C. Hamby and his wife, Sadie namby and their heirs, THIRD. I devise anda bequeath all of the rest of my real ana pere estate, whatsoever ana wieresoever, to C. Cc, samby and his wife, Hamby, and their heirs, FOURTH. I hereby nominate and eappointe C.-C, Hamby to be the exe- cutor of my will, and I authorize him to sell real estate, if necessary, to meke assets to pay my debts, without an order of court and to make deeds therefor, And as compensation for his services I direct my exe-~ J Cutor to retain the usual commissions allowed by law. ae In Testimony Whereof, I, Mrs. J. F, hamby, have hereunto set my hand and seal, this the 5th day of March, 1956 j D4. her Mrs. J. F. x Hamby (SEAL) mark Signed, sealed, published, and declared by the said Mrs, J, F. Hamby as and for her last will in the presence of us who at her request, in her presence, and in the presence of one another signed our respecte ive names as subseriving witnesses, John T, Gillespie Floy Wilkinson Flake Thomas cs 6 l NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. BEFORE THE CLERK In the Matter of the Adminis- tration of the Estate of Mrs. FINAL SETTLEMENT J. F. Hamby. TO C. G. SMITH, CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY, NORTH CAROLINA: NOW COMES C. C. Hamby, Executor of the Estate of Mrs. J. F. Hamby, and after being duly Sworn, deposes and says that this report is a just, true and accurate report of all transactions had by him in the administration of the Estate of Mrs. J. F. Hamby, since his appointment on the 22nd day of September, 1953, and he files this report as his final settlement, and upon oath, respectfully shows to the Court: 1 That Mrs. J. F, Hamby died testate, a resident of Iredell County, North érolina, on September 2, 1953; and her husband, J. F, Hamby, died a resident of Wilkes County, North Carolina, in August, 1952. LE That the will of Mrs. J. F. Hamby was duly probated and recorded in Will Book 14, page 935, in the office of the Clerk of the Superior Court of Iredell County, North Carolina, and a certified copy has been duly recorded in the office of the Clerk of the Superior Court of Wilkes County, North Carolina; that C. C. Hamby was named as Executor in the aforesaid will and was duly appointed as such by the Clerk of the Superior Court of tredell County, North Carolina, on September a2, 1953. ck That Mrs. J. F. Hamby left no personal property. IV The following is a true and correct report of the transactions, receipts, and disbursements had by the Executor in this Estate: A. RECEIPTS From sale of tract of land in Wilkes County, North Carolina, to C. 0. Parsons and wife, Nelia S. Parsons * 825.00 B. DISBURSEMENTS 1. Wilkes County, 1952 taxes 2. Wilkes County, 1953 taxes Total Receipts Brought Forward ......e. DISBURSEMENTS ( CONTINUED ): Wilkes County, 1954 taxes ‘S I N “A “f “A q u i e y G. Casey, Surveyor D, Hamby, Chain Carrier cs o 6 l Hamby, Chain Carrier H. R. Phillips, Chain Carrier Clerk Superior Court, recording will Statesville Daily Record, Statesville, N. C., notice to creditors The Journal Patriot, North Wilkesboro, N. C., advertising sale and resale of land Reins-Sturdivant, Inc., North Wilkesboro, N. C., in full of balance due on funeral expense, after credit was given for burial insurance 190.00 C. G Smith, C.S.C., probating will and letters of administration 200 Adams, Dearman & Winberry, attorney fee (2 trips to North Wilkesboro, to sell land, preparing sales notices, deed and final settlement ) 100.00 C. G Smith, C.S.C., filing final settlement 6.00 C. Hamby, Executor: 5@ commission on receipts of $825.00 41.25 5% commission on disbursements Su2d Total Disbursements 3 525.55 525.55 BEB OO 6 Se ea a ees ee el 2994S following claims were filed which come under the sixth class of Oo F, Long Hospital, Statesville, N. C., medical services from September 8, 1953 o September 20, 1953 C. C. Hamby, medical services furnished by H. F. Long Hospital in January, 1953 and paid by C. C. Hamby Wilkes County, old age assistance furnished after October 1, 1951 Iredell County, old age assistance furnished after May 1, 1953 170.00 Roth), Glaiee 4.4 6k a oa 8 ee ‘S I “4 ¢ ‘A q u e y cs o l There is only $299.45 with which to pay these claims of $911.80; and claims are therefore paid on a pro-rata basis, each being entitled to re- -3234%, and payment is made as follows: H. F. Long Hospital, .3284% of $174.80 ‘ 57 637 C. C. Hamby, .3284% of $68.00 22.34 Wilkes County, .3284% of $499.00 163.90 Iredell County, .3284% of $170.00 55 8h COCR a Sa eck eee ae $ 299.45 The only property that Mrs. J. F. Hamby owned was a tract of land con- taining 25-3/4 acres, more or less, in Stanton Township, Wilkes County, North Carolina; that C. C. Hamby, who is the Executor of this Estate, was the sole egatee and devisee under the will of Mrs. J. F. Hamby; that under the aforesaid Executor was given the power to sell the aforesaid real estate; that it was necessary to sell the real estate for assets to pay debts; that the Executor advertised the real estate for public sale for cash to the highest bidder by posting notice thereof at the courthouse door of Wilkes County and three other public places in said county for thirty days immediately preceding the sale, and consecutive by publishing said notice once a week for four/weeks in the JOURNAL PATRIOT, a newspaper published in North Wilkesboro, North Carolina; that p ué said notice of sale the above described real estate was sold at the courthouse door of Wilkes County on Saturday, October 23, 1954 at 12 o'clock, noon, when and where R. L. Spears and wife, Macie R. Spears, Route 6, Lenoir, North Carolina, became the last and highest bidders at the price of Seven Hundred Fifty Dollars ($750.00) cash; that within ten days an increase bid of Seventy-Five Dollars ($75.00) was placed on said property by C. O. Parsons and wife, Nelia S. Parsons, Route l, Box 270, Parlier, North Carolina; that the property was then re-advertised for resale by posting a notice thereof at the courthouse door of Wilkes County and three other public places in said county for fifteen days immediately before the sale, and by publishing said notice in the JOURNAL PATRIOT once a week for two consecutive weeks; and in accordance with said notice of sale, the sale was held at the courthouse door of Wilkes County on Saturday, December 18, 1954 at 12 o'clock, noon, and at said time and place C. 0, Parsons and wife, Nelia S. Parsons, became t and highest bidders at the price of Eight Hundred Twenty-Five Dollars ‘A q u e p y ‘I W a" es é l ($825.00) cash; that no increase bids were filed and after the expiration of ten days the sale was confirmed by the Executor and the Executor made a deed conveying the property to the purchasers, said deed being dated January 5, 1955. VI OTHER INFORMATION 1. The Executor filed an inheritance tax return with the N. C. Depart- ment of Hevenue, but there was no tax due. 2. Notice of creditors was duly published in the Statesville Daily mecord once a week for six consecutive weeks , commencing with the issue of October That said Estate has been fully administered. 7 WHEREFORE, C. C. Hamby, Executor of the Estate of Mrs. J. F. Hamby , report be accepted as his final settlement, that the same be audited, examined, approved and recorded, and that he be discharged as by law provided. Respectfully submitted, this l2th day of December, 1955. Subscribed and sworm to before me, this 12th day of December, 1955. Notary Public My commission expires: Ff Se So : The undersigned hereby approve the foregoing final settlement in the Estate of Mrs. J. F. Hamby and hereby accept and hereby agree to accept the follow- ing pro-rata payment shown therein on their respective claims, as the correct payment on their respective claims, to-wit: 1. C. C. Hamby . - § 22.34 2. Wilkes County * , 183.90 3. Iredell County .. 55 8h 4. H. F. Long Hospital 57 37. WITNESS our hands, this day of December, 1955. &. @. At armrbey C. C. Hamby J WILKES COUNTY BY : (SZAL) Chairman of Board of County Commissioners BY: es (SEAL) Superintendent of Public Welfare of Wilkes County BY: (SEAL) Attorney for Wilkes County IREDELL COUNTY BY: (SEAL ) Chairman of Board of County Commissioners BYs (SEAL) Superintendent of Public Welfare of Iredell County BY: (SEAL) Attorney for Iredell County H. F. LONG HOSPITAL The foregoing final settlement in the Estate of Mrs. J. F. Hamby, de- ceased, has been examined and audited by me, and the same is hereby approved and ordered recorded, and the Executor is discharged as by, law prpvided. Mea WITNESS my hand, this the __ ‘S I “4 ¢ ‘A q u i e y ts 6 l be closed, June 29, 1964 Mr. Ce C. Hamby Route #4 Statesville, North Carolina Re: Estate of Mra. J. F, Hamby. Dear Mr, Hambys Your final &ccount in the above estate was filed December , 1955, bowe } ue this office have not been paid, 8 for your account and probate of will is $7.00and feo for final account $6.00, send check to cover this at once So that the Estate can Yours very truly, Co Ge Smith, Clerk of Superior Court, ‘S I “s f ‘A q u i e y cS 6 l State of North Carolina lredell County To Z of. Lhe. Ck ee Dec'd, Minor; incompetent—GREETINGS: WHEREAS, It is enacted that every Kec Gio shall file ee ABTA toa Dae. Accounting in the office of the Clerk of Superior Court: “ Therefore, take notice that on or about the 21 day of sno, oto ne tet 19.<.“. you are due to have such report in the office of said Court at Statesville, N. C. as prescribed by law. This__<4.day of . JSG: 19x. “a DC Seer. =" Clerk Superior Court a ‘s a “A ‘f ‘A q u i e y es o l After 5 days return to CLERK SUPERIOR COURT Statesville, N. C. RETURN POSTAGE GUARANTEED SI N “A “f “A q u i e y es o l After 5 days return to CLERK SUPERIOR COURT ———~ SC OV/N Statesville, N. C. fare rts RETURN POSTAGE re 5S-PM + { THIS SIDE OF CARD IS FOR ADDRESS ] YP baited Ll aie ts Ps LHe 4 State of North Carolina Iredell County we. SV 7>NIn the Superlop gust a \7 | }-———— * SOOT pt Sf {be ESS ' —_ of 7 \aa 3 Naa Dec’d, Minor, Incompetent—GREETINGS: 5 ‘ WHEREAS, It is enacted that every Jf NMR AAKLI cnt shall file a TY ner. ; __Accounting in the office of the Clerk of Superior Court: e+ 19 you are due to have such report in the office of said Court at Statesville, N. C. as prescribed by law. eae : ‘ee Therefore, take notice that on or about the x. day of As. This 2.\ day of Yn SS Clerk Superior Court Dee be oes a ERS ae Bee ae APPLIG@BION FOR LE STATE OF NORTH CAROLINA, Ik.j. DELL COUNTY—IN THE SUPERIOR Court. In the matter of the Administration of the Before , being sworn doth say: . late of said County, is dead, having died on the... 1th day of September, 19...60., without leaving any last Will and Testament, and that William H. Hamilton — is the proper person entitled to Letters of Administration on the estate of ee one ..............: Sane S, Hamilton Further, That the value of said estate, so far as can be ascertained at the date of this application pI , is about ee Personal Property, and that the persons entitled as heirs and distribu- tees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS William H. Hamilton 69 Son Statesville, N.C. Sworn to and subscribed before me this 16th day - OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, IREDELL COUNTY »»s.—In the Superior Court. -. do solemnly swear (or affirm) that I Charles S, Hamilton .. died without leaving any last Will and Testament and that I will well and truly administer all and singular the Goods and Chattles, Rights and Credits of the said Charles S. Hamilton - and a true and perfect inventory thereof return as pro- vided by law, and that all other duties appertaining to the charge repossed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. Subscribed and sworn to before me this. 16 day | ie , reese Eee Le DE He oh Administrator. of September eR 19.60. | ’ : 7 oy We Olt ay Oe Address Statesville, N. Bee "' § So p r e y D “‘ U O ] Ue 09 6 1 RAYMER & RAYMER ATTORNEYS AT STATESVILLE, N charge of trust as Sept. 2 Sept. 21 sept. 21 Sept. 22 1960 Sept. 21 Sept, 21 sept, 21 Sept. 2] LAW c North Carolina In the Superior Court Iredell County Before the Clerk In the Matter of William h, Hamilton, Administrator of the Estate of Charles S. Hamilton, deceased of Charles S, Hamilton, deceased, respectfully shows to the Court: the estate of Charles S. liamilton, deceased, on the 16th day of September, 1960; that he duly qualified and has since said date been in the active dis- h the Court the following as a true, full and complete inventory of the pro- perty coming into his hands as Administrator, and as a true, complete and correct statement of his receipts and disbursements and the distribution of Said estate, from the date of his appointment to the date of the filing of this final account, and as a full, complete and final fo N A Cc P 7 Mrs.W.W.Moore, nursine $ 45.00 Mrs. Clyde Alexander, nursino 9.00 Bunch Funeral liome, funeral expense 210.65 Iredell Memorial Hospital, account 965.00 ee Iz AL AG CoOuN T om e ee m r e d c s e To the Honorable, the Clerk of the Superior Court: The undersigned, William H, Hamilton, Administrator of the Estate That he was duly appointed by this Court as Administrator of is duties as such Administrator, I] That having fully administered said estate, he hereby files with settlement of his said llows: orthwestern Bank, checking account S S817 571 ccrued New Jersey pension 49.64 ale of 3 shares of Public Service of N.J. stock 113.47 ublic Service of N, J., dividend Pyoo | otal Receipts Sept. 30 Dr, David Pressly 150,00 Oct. 31 Winecoff Marble & Granite Works 300 .00 Oct. 24 Statesville Record, creditors’ notice fan0 7 Nov. 1962 mer. 30 (€. 8, C,. cose 16,70 Mar. 30 Raymer & Raymer, attorney fee 90.00 Register of Deeds, death certificate 1,00 '§ So p r e y E D ‘u o y r w e y y Total Disbursements 4,194.85 Balance for distribution IT] 09 6 1 That the balance for distribution shown above in the amount of $3,227.32 has been distributed to William li, Hamilton, the only child and heir-at-law of Charles S, Hamilton, deceased, as follows: N. C, Department of Revenue, inheritance tax > Lecce William H, Hamilton 3,214.80 we Heecivae IV That before making said distribution, the undersigned Administrator paid all debts of the deceased presented to him,or of which he had any knowledge; filed an inheritance tax return and paid all inheritance tax shown thereon with the North Carolina Department of Revenue, and paid all other chargves against said estate. Now, having fully administered said estate, the undersigned Adminis- trator prays the Court that this final account be audited, approved and ordered recorded, and that he and his bondsman be discharged according to law. This: the Mae Lie Administrator of Charles ¢ . Hamilton _ Sworn to and subscribed before me this the day of March 4 1962. ca stint es 7 a ‘ Co _ " ; Aye CLE KX RE XRRREER EEX COMES Notary Public ar ly commission expires 7/2/62 RAYMER & RAYMER ATTORNEYS AT LAW "§ Sa p l e y D ‘u o y i w e y y The foregoing final account of William H. Hamilton, Administrator of the Estate of Charles S, Hamilton, deceased, having been audited by 09 6 1 me, the same is hereby approved and ordered recorded, It is further ordered that said Administrator and his bondsman be discharged according to law, ne “9 7 This the IO day of ¢ AMZ c E » ——f— bas ' Clerk of Superior Court RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N. C ul e ) BY R “U O H U E H So l am 4 . ry TAD ML . T+ STATE OF NORTH CAROLINA COUNTY OF IREDELL IN THE \iATTER OF: Marcaret Hamilton and Virginia Hamilton by their guardian under the will of Marietta Cain Hamilton, Mrs. R. K. Mason, and Mrs. R. K. Mason, exeuctrix for the “state of Marietta Cain Hamilton, ex parte » being duly sworn, That he is a resident of Iredell County, North Carolina and is familiar with the location and value of the 622 acres, part of the Cain Farm, lying West of the Tabor Public Road in Turnersburg Township of Iredeli County, North Carolina, which Clarence Stimpson of Statesville is contemplating buying, and that he is familiar with the value of farm property in this community, and thet $1,750.09, cash is a reasonable market value of said 622 acres of land, and that said price-is more than siid lands would Bring at a public sale, That your affiant has no financial interest in the result of the sale of said lands and that this affidatttis made without compensatin or hope of reward. AFFIANT Sworn to and subacribed before me this the /¥y day of May,1958. MEY L BLbAEMC EL Notary Public My commission expires. ~ F NO! C , Mw OF IREDEL) Mar aret Hamilton and Virginia Hamiiton by their cvuardian under the will of Mariette Cain Harilton, Wrse Re Ke. Nason, and Mrs. Re KF, Mason, exeuctrix for the “state of Marietta Cain Hamilton, ex parte Te Kee ewe meee , ; YY 4 4 ~ @ \ VALLE » being duly sworn, 4, Do ee ee ae ee ee ae ee That he is a resident of Iredeil County, North Carolina and is familiar with the location and valve of the 62{ acres, pa t of the Cain Farm, lying “est of the Tavor Public Road in Turnersburg Township of Iredell County, North Carolina, which Clarence Stimpson of Statesville is contempleting buying, and that he is familiar with the value of farm property in this community, and thet $1,750.0°, cash is a reasonable market veiue of said 62> acres of land, and that said price: i@ more than siid landea would bring at a public sale, That your affiant has no financial intere t in the result of ‘he sale of said lands und that this affidathis made without compensatin or hope of reward. WHA hte APFIANT Sworn to and subacribed before me this the / g day of Yay,1938. i 4 lnaoeil i eel Notary Public be Wy commission expires. ~-.-97- Yer aret Hamilton and Virreinia familton by their evardian under he will of warietts cain Harilton, "rSe Re Ke. Mason, ond Mra, R, K. VasOn, @xeuctrix *¢< the “gt of Marietta Cain I 4 \ %@ Hamilton, ex varte mm Ph ee 0 a a sy / Fo eo ee oe ew ee ae ae me ee ee wo a “ ac Ze ° beine aulr sworn, Toat he is a resident of Iredell County, North Carolina and is familiar with the location and value of the 628 acres, pa t of the Cain Parm, lying “est of the Tabor Publie Road in Tur nersdvur¢g Towmship of fredeli County, North Carolina, which Clarence Stimpson of Sts‘esville is contemplo tine ouying, and that he is famildar with the value of farm property in this commnity, and thet g1,750.0 , eash igs a reasonable market value of said 62" acres of land, and thet sat Préog@e@® more than said lands would Bring at a public sale, That your affiant has no financial intere ¢ tn the result of «he sale of seid lands and that this affidatthis made without compensa tin or hope of reward, 7 CERNE 7) Ve Notary Public comission expires, Yar aret Hamilton and Vircinia Hamilton by their cuardian under the will of vYarietts Cain Harilton, The Ke Ke MASON, ond Urse Re Me Yason, exovuctrix ¢ the “st« te of “Marietta Cain Hamilton, ex ~arte oe ee ee ee ee ee ) lY. i al ada A ,» deine duly sworn, RE ee EA ON NCA Tint he 4s & resident of Iredell County, North Carolina and is familiar with the location and value of the 62% acres, pat of the vein Farm, lying “est of the Tacor jublic Koad in Turnersburg Towaship of Iredell County, North Carolina, which Clarence Stimpson of St: esville ig contemplotine owying, and that he is familiar with the value of farm roperty in this community, and thet $1,750.0 , exsh is 4 rea sonsb le 4 he ~erket volue of aaid 62° acres of land, and that saic prices more than aiid lands would bring at a public sale. That your affiant has no financeial interes t in the result of “he nic lands and that this affidatBis made without compensa tin Tew ard 2 subacr ibec befor ALI 4 ~ Notary rublic commission exoires, milton and Virrinia their urmler f vearietts Cain Lar ilton, e “A90N, nd Mra, Ke %, Oren cruardian trix for the tote Varie arta 32 is 4 resident of 490 it of the Ta or “ublie |! nty, ‘orth ¢ that irede i} ‘ion and valve of the ee & AGres, P oad rolina, which Clarence Sticrson of he 4s famdliar worn, County, North Carolina and 4s t of the Coin in Turnersbure ° owaship of esville of farm with the value t $1,750.0 , exsh is @ reasonble ; ae ae Yau i@ of se iand, ‘id lands would Bring st a public sale, at your affiant has Janda and that this no financial interes ¢t ‘Pfidathis made without price d@ more than the regult of “he soOmpeneatin Nota ry iscion exires. ib. f= ZF, at fu Agr Le. sublie Summons for Relief in a Special Proceeding— 65307. STATE OF NORTH CAROLINA, COUNTY OF FNIGN ~ Mitchell Printing Company, Raleigh SpeciaL Procerpinc, 1n tHE Superior Cot RT, Brerore THE CLERK. Irs.4.',Mason,Trustee,under the will Mariett Gin Nemilton and Mrs.”.%. Mason ,Individually an woth Fel/ .. SUMMONS FOR RELIEF IN A SPECTAL PROCEEDING BEFORE THE CLERK. 4 STATE OF NORTH CAROLINA. To the Sheriff of Union County—Greetine: You Are Heresy Commanpep to Sum MON.. the defendant.c above-named, if “3._he e to be found within your County, to be and appear at the office of the Clerk of the Superior Court for the County of Eiisn, in MGR, North Carolina, within Tren Days FROM THE Date or tur Service or THIs St MMONS and answer or demur to the complaint, or petition, of the plaintiff. which has been filed and deposited in the office of the m dersigned Clerk of the Superior Court of said County (and a copy of whieh complaint or petition is served li rewith); and let ..--.....take notice that fail to auswer or demur to the said complaint, or petition, within Ten Days rrom tur Dare oF Hereor, the plaintiff will apply to the Court for the r ul e ) BN R “U O NU e H lief demanded in the complaint, or petition. H erein fail not and of this summons make due return. der my hand dx -0n this they Sc o l Suy “Gierk Of the BOND FOR COSTS » acknowledge ourselves bound unto the defendant in this action, in the sum of Two Hundred Dollars; the plaintiff shall pay to the defendant............ all such costs as the defendant in this action. s and seals, this » being duly sworn, says he is a resident County, in the State of North Carolina, and is worth the sum of $200 over and above all aud exclusive of property exempt from execution. 1 to before me, this day of AND WAIVER. ACCEPTANCE OF SERVICE ) j STATE OF NORTH CAROLINA, COUNTY OF UNION Service of the within summons and complaint is hereby accepted and all further notice is hereby specifically — - 0 This waived. Attest: Pl a i n t i f f . . . vs . De f e n d a n t . . : . . . SU M M O N S FO R RE L I E F IN A SP E C I A L PR O C E E D I N G by re a d i n g { t h e wi t h i n su m m o n s an d by de l i v e r i n g a co p y th e r e o f , to g e t h e r wi t h a co p y of th e co m - ai n t , pe t i t i o n , to ea c h of th e de f e n d a n t . . . he re i n na m e d as he r e i n co m m a n d e d , a — Al y n oe t e e et s , Wa g Di F e H i Th AM E E . Ka r m c t e r m , Ri t e MA M en e ca n c e pe d Sh e r i f f of Un i o n Co u n t y , N. C. vo w 6 ee e By . pk he . A Aa I en . . . Da 8. At t o r n e y . . . . . . fo r Pl a i n t i f f . . . po e Se c a =: BA O RO N E TG Ha m i l t o n , Ma r i e t t a Ca i n 19 3 8 ul e ) BU R P “U O T MH U e H SL o l am STATE OF NORTH CAROLINA IN THE SUPER oR COURT COUNTY OF HRED ELL BPs. Re. Fy Mason, executrix of the esta'e of Marietta Cain Hamilton, mrs, Re Ke Mason, Trustee under the will of Marietta cain Hamilton and Mrs. R. K, (Etta*‘P, ) Mason individually, Plaintitr vs, PETIGIOR Margaret Hamilton, Virgini Mildred Thornton and husba Thornton, Alton M@son an Mrs. Alton Mason, a Hamilton, na, &, 2. d wife, Defendants, This petition of Mrs, Marietta Cain Hamilton, R. K, Mason, exeoutrix of the estate of would respectfully show to the Court; 1. That your petitioner is a duly qualified executrix under the will of Marietta Cain Hamilton, late of Union County, North Carolima, and 4s such is now eng aged in the execution of said will, and the administra- tion of the estate of Marietta Cain Hamilton, 2. Thata duly certified copy of said will, together with the probate and adjudic-tion, have been duly recorded in the Office of the Clerk of Superior Court of Iredell County, 3S. That the Plaintiff herein is an unmarried widow and is a citizen and resident of Union County, North Carolina, and that the defend- ants, Margaret Hamilton, Virginia Hamilton, Alton Mason and Mrs. Alton M@son, are all citizens and residents of Union County, North Carolina, 4. That the defendants, Mildred Thornton a mi husband, %, L, Thornton are citizens and residents of New York State, ul e ) BO U L “U O I M U L P Y Sf 6 l That Margaret Hamilton and Virginia Hamilton are the and heirs at Law , rried only childrer/of Marietta Cain Hamilton, and ane minors; and that under the terms of the will of the said Martetta Cain Hamilton your petitioner is named as testamentary guardian of the said Margar t Hamilton and Virginia Hamilton, but as the purpose of this petition is for the sale of lands to create assets to pay debts of the estate of Marietta Cain Hamilton, your petitioner respectfully prays that the Court appoint some fit and competent person as guardian ad litem for the said Margaret Hamiltona nd Virginia Hamitton. 6. That Marietta Cain Hamilton died on the 26th day of March, 1938, and was them a resident of Union County, North Carolina. That she left a will which said will has been duly probated and resistered in the Office of the Clerk of Superior Court for Union County, and a certified copy of said will together with the probate and adjudication has been filed in the Office of the Clerk of Superior Court of Iredell County. That under said will, Ma ret am Virginia Hamitton are the sole devisees save and except Item 2 of said will names Mildred Thornton and Alton ilason o as contingent devisees, and they are here’ y made parties to this action for the purpose of giving them notice to proteét any contingent interes that they may have in the lands which are the subject of this action, 7. That Marietta Cain Hamilton died seized and nossessed of two houses and lots in the Town of Monroe, both of which are enoumbered by mortgages,and a One-half interest in the remainder, subject to the life estate of her mother, who is the petitioner herdin, in 238% acres of land located and situated in Turnersburg Towhship of Iredell County, North Carolina, the other One-half interest in the remainder vested in the sister of the deceased, Marietta Cain Hamilton, Mrs, Mildred Thornton; that the interests of Marietta Cain Hamilton in said lands is mortgaged to the Merchants and Farmers Bank of Statesville,North Car@lina, in the sum of Eight Hundred Dollars ($800.00). That the above named petitioner and executrix brings this action for the purpose of selling the interest of Marietta Cain Hamilton estate in a part of the 238% acre track of land, hereinbefore mentioned, to create assets to pay off the indebtedness due on her interest in said lands and for the further purpose of creating as pay other indebtedness of the estsute of Marietta Cain Hamilton, 9 vv @ That the claims filed with said executrix amount to over One Thous nd, One Hundred Dollars ($1,100.00), and that there are no assets with which to pay said claimg,the persoral property of the estate of Marietta Cain Hamilton being negligible; and that said estate has been in process of administration for only a short while and it is difficult at this time to asce tain what other indebtedness may be due by the estate of Marietta Cain Hamilton. personally and in her official capacity 10. That it is the desire of your petitione And the defendants, oo — > =» = = = A _ = — m ra") ~ = me C> me = Alton Mason and wife, Mrs. Alton Mason, Mildred Thornton, and husband, i/. Le Thomnton, that all of the monies coming for St o l the sale of that portion of the 3aid 238, acres of land, which will be hereinafter described, be used for the benefits of the estate of Marietta Cain Hamilton by the said executrix, but that it is not the desire of the said tenants in common that there be 4 present vartition cf said tract of land, but that if and when a partition of said tract becomes desirable that the intere ts of Marietta Cain Hamilton estate in the whole tract be reduced in the proportion that the part herein, after described, bears to the whole of stid tract. 11. That one Clarence Stimpson has offered to said executrix the sum of One Thousan#, private sale for a portion of Seven Hundred Fifty Dollars ($1,750.00) cash at a the said 2384 acres of land described as follows; BEGINNING at a soane and running North 14 East 983 poles to an iron stake; thence, North 5 East 675 poles to at stake; thence, South 80 East 12% poles to a stoke in the public road; thence, South 5 “lest 72 poles with said road toa stake; thence, South 4 Best 56 p oles with said road to a stake; thence, South 51 East 48 poles with said road to a stake; thence, South37 East 542 poles to a stone in road; thence, South 5 West 24 poles to S.W.; thence North 89 West 84 poles to the Beginning, and containing 622 acres of land. Te hat in view of the indebtedness of the estate of Martetia Cain Hamilton as herein set out and the dire need of the estate for funds ' your petitioner feels that it is for the best interests of said estate 4 ee at e RO O M Ni e t and said minor children that the Court accept the offer of Clarence Stimpson. 13. That your petitioner feels that the offer made by Clarence Stimpson is a fair and reasonable one and more advantageous to said estate that a public sale would be, 14. That your petitioner attaches hereto affidevits of citizens ul e ) ey o “U O N I U e H and residents of Iredell Cougty who are familiar with the value of lands a O we 7) in the community in which this land is located, which said affidavits st-te that the price offered by Clarence Stimpson is a fair and just price. : 15. That one VY. J. Matheson of Iredell County has been responsible for securing the offer of Clarence Stimpson and is intitled to a commission for his Services, WHEREFORE YOUR PETITIONER PRAYS: 1. That the Court appoint some fit and suitable person 4s guardian ad litem for the defendant minors, Margaret Hamilton and Virginia Hamilton. i pole — 2 a — = on al = = ) © ~- = = Cc) > = St o e l 2. That the Court authorize the acce ptance of the offer of the said Clarence Stimpson and appoint a private sale fee simple tite to the said Clarence Stimpson for the 62: commissioner to convey a good and acres hereine before described, conveying all the interest of both the part # Pia intire and the parties defendant in the lands herein described to the said Clarence Stimpson, 5S. That the Couwt authorize a pagent to W. J. Matheson of a real estate commission of not exceeding Five per cent to be taxea@ in the bill of cosis in this section, 4, That the Court authorize a reasonable attorney's fee for E. Osborne Ayscue be taxes in the costs of this proceeding. This the a day of June, 1938, a SYS ie cl abprne Ei 4 AT. ORNEY FOR THE 5 FE nm = p de NORTH CAROLINA IREDELL COUNTY Mrse R. Ke. Mason, being first duly sworn, deposes «nd says; That she is the executrix of the estate of Marietta Cain Hamilton; that she is the petitioner in the above entitled matter; that she has read the fore- ‘Oing petition - nd the same is true of her own knowledge except as to matters and things therein expressed upon information and belief, but as to such matters and things so sta ted, she believes them to be true. THIS thet 7 day of ma t/ , 1938, er — i Aa A FILE Chee, Dory Mrs eR.K.(Etta Fe Notary Public _ My commission exptres 37 4 STATE OF NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF IREDEL)} Bre. RR. kK. Mason, executrix of the estate of Marietta Cain Hamilton, Mrs. R. Ke Meson, trustee under the will of Marietta Cain Hamilton and mrs. Rs. (Etta F.) mason, iddividudlly, Plaintiff, vs. Margaret Hamilton, Virginia Hamilton, Mildred Thornton ind husbend, W. Le Thornton, Alton Mason and wife, Mrs. Alton Mason, Defendants To the Honorable clerk of Superior Court of Iredell County: Alton Mason and wife, Mrs. Alton Mason, Mildred Thornton and husband W. Le Thonrton, defendants, answering the petition of the plaintiff say; 9 That Paragraph 1 of the Petition is admitted. That Paragraph 2 of the Petition is admitted. “U O P UP EY That Paragraph 3 of the Petition is admitted, That Paragraph of the Petition is admitted, That Paragraph 5 of the Petition is admitted. UI B ) BO L I V I A That paragraph of the Petition is admitted, That Paragraph of the Petition is admitted. Paragraph of the Petition is admitted, Paragraph 9 of the ‘etition is admitted. Paragraph 10 ff the Petition is admitted, li, That varagraph 11 of the Petibion is admit ed, 12. That Paragraph 12 of the Petition is admitted. That Paragraph 13 of the Petition is admi tted, That Paragraph 14 of the Petition is admit‘ ed. That Paragraph 15 of the Petition is admitted, WHEREFORE, having fully answered, these defendants pray: That the prayer for relief of the petitioner be granted but that such judgment show that the 622 acres of land is going to the full use and benefit of the interests of the petitioner herein as executrix of the estate of Marietta Cain Hamilton, e day of July, 1938, 9 A ‘eC ee a y, heal a / AS, t- Gein Gea lee ee Ee OOF fo ane c& by Dla WY pre This the § eee sane STATE OF NEW YORK COUNTY OF NE” YORK Personally appeared before me this day W. L. Thornton and Mildred Thornton, Alton Mason an Mrs. Alton Mason, who, having first been @uly sowrn depose and say: That they are the defendants filing the fore- going answer and that they have read the foregoing answer and that the same is true of their own knowledge, except as to matters and things there- in stated upon information and belief, but as to such matters and things so stated they believe the same to be true, This the 9 day of July 1938, Nl thaz fb fleet Aes, mo thie the. tay of seiy ness. GD a fe iN lth, Notary Public in and for the Court df New Tork, State ul e ) BO U L “U O I W e } Y RS c o l of New York. Ky M nissi i , “\otary Public, Bronx Co Clk yY commission expires BF . s No 72 > 790, Neg. No, 9Md45 arch 30, 1939 Trot Term expires M ul e ) BN R “U O HU R Y STATE OF NORTH CAROLINA IN THE SUPERIOR COURT COUNTY OF IREDEDL Mrs. R. Ke Mason, execut#ix of the estate of Marietta cain Hamilton, Mrs. R. K. Mason, trustee under the will of Marietta Cain Hamilton and Mrs. Re Ke (Etta F.) Mason, individually, Plaintiff, v3. ANSWER OF Margaret Hamilton, Virginia Hamflton, Mildred Thonrton and husband, W. L, GUARDIAN AD Thornton, Alton Mason and wife, Mrs, Alton Mason, LITEM Defendants, To the Honorable Clerk of Super for Court of Ifedell County: The infant defendants, Margaret Hamilton and Vircinia Hamilton, by their cuardian ag litem, Neil s, Sowers, answering the petition of the petitioner, Say: Le That Paragraph 1 of the Petition is admitted, That Paragraph 2 of the Petition is admitted, That Paragraph 3 of the Petition is admitted, That Paragraph of the Petition is admitted, That Paragraph of the Petition is admitted That Paragrarh of the Petition is admi-ted, That Paragraph of the Petition is admitted, That Paragraph of the fetition is admitted, That Paragraph of the ‘etition is admitted. That Paragraph Petition is admitted, That Paragraph Fetition is admitted. That Paragraph Petition is admitted, That Paragraph Petition is admitted, That paragraph Petition is admittedad That Psragraph Petition is admitted, UI e ) RI O R “U O I M U R H St o l WHEREFORE, having fully answered,these defendants pray that the relief requested by the petitioner be granted, and the guardian ad litem submits the interests of the defendants to the protection of the Court. day of July, 1938. ~ Yo /. atthe Qt oe Lbg AD LITEM STATE OF NORTH CAROLINA COUNTY OF IREDELL Neil S. Sowers, guardian ad litem for Margaret Hamilton a nd Virginia Hamilton, being duly sowrn, deposes and says: That he is the guardian ad litem in the above entitled action; that he has read the fore- going answer and knows the contents thereof; that the same is true of his own knowledge and belief, except as to mt ers and things therein stated upon information and belief, but as to such mtters and things so stated, he believes the same to be true. ~ x a f pi ~~ ow WM Qworn to and subscfibed before m thse er (3 day of July, 1938. Ml If - 7 MMA gy ptt on ban HOPARY-PUBLEC- ey My commission expires ceili cas | ir b} j Ha m i l t o n , Ma r i e t t a Ca i n ee = = —- ~ © — —_ ba) oO ~ - Co = SL 6 l NORTH CAROLINA * IN THE SUPERIOR COURT IREDELL COUNTY * Mrs.R.K.Mason, executrix of the estate of Mariette Cain Hamilton, Mrs.R.K.Mason, trustee under the will of Manietta Cain Hamilton, and Mrse.R.K.Mason(Etta F, )Mason, individually, ) ) PLAINTIFF, ; HVS tHe ) JUDGMENT Margaret Hamilton, Virginia ,Hamilton,Mildred He ee ete Thornton and husband, W.1.Thornton,Albon Mason ) and wife, Mrs, Alton Masoh, DEFENDANTS, ) This “cause coming on to be héerd and being heara before the tndersigned clerk of Sppertor Cousg of Iredell County on a verified petite ion filed together with affidavits, and it appearing to the Cogrt that sume mons in said action was duly derved upon Margaret Hamilton and Virginia Hame iiton by the sheriff of Union County on the 30 th day of June, 1938,and that the defendants Mildred Thornton, W.L.Thornton, Alton Mason and Mrs. Alton Mason duly accepted service of summons in said action on July 8 th, 1938; and that the defendants Mildred Thornton, W.L.Thornton, Alton Mason and Mrae Alton Mason have filed duly verified answer in said action and that Margated Hamilton and Virginia Hamilton, by and thru their guardian ad litemgifeil s, Sowers, have filed answer; and that all of the defendants have by their an- swer admitted the allegations of the complaint filed in this action, and join with the plaintiff in her prayer for relief prayed for in said action; and the court further finding as a fact that the estate of Marietta Cain Hamilton is in grocess of administration and that the executrix and trustee named in will of Marietta Cain Hemilton, in her representative capagity and in person prays for the sale of the lands described in said petition for the purpose of creating assets to pay debts of the estate; and it being further mde to appear to the court that the debts of the estaten are in excess of the personal property assets held by said executrix as executrix, ote 2 — = = _ ~~ = —_ S~ oO - —_ ~ of = = Sc o l and that it 1s necessary that there be a sale of the estate lands; and the Court further rinding for a ract that the offer of vlarence Stimson in Ke @entt- the sum of $1,750.00 fo 622 acr s of land, described in gid compla nt, is @ fair and just ofier ana represents the reasonable worth of the said lends, and that it is for the best interest of all parties concerned that the orfer of the said Clarence timpson be accepted. IT Is, NOW THHRErURL, considerea, ordered, aajudged, and decreed that «o. Osborne syscue be and he is hereby appointed as commissioner for the purpose of making and executing to the said ular: nce Sfimpson a good and sutricient aeed to the lands hereinafter despribed, It is further ordered, adjudged, and decreea that the payment of the purchase price shall be in cash and upon receipt of same the saia Commissioner shall deliver tothe said Glarence stimpson a fee simple deed for the following described lanas: BEGINNING at a stone and running North 1g sast 982 poles to an iron stake; thence north 5 sast 672 poles to a stake; thence, -outh 80 bast l<Z poles to a stake in the public roaas; thence, ~outh 5 West 7< poles with s iu road to a stakes; thence, wouth 4 vest 56 poles with sid racad toa stake; thence VTouth 31 Kast 48 poles with said road to a stakes; thence, south 57 rast 542 poles to a stone in road; thence, ~outh 5 west £4 poles to @ s.w.; thence North 89 west 84 poles to the BHUINNING, end containing 627 acres of lana; —to-the—suie re 30n—eaet the-righ+,;—title, ana-intetst—eft—the said Margaret th-end to-seie Lande, . From the proceeds of ssid s le ssid commissioner shall pay the expensés of this proceeding which shall incluce a reasonable fee for », Osborne ayscue, as vommissioner and Attorney; and shall pay to we Je Matheson, @ real estate fee, as agreec to by the petitioner and gaia we J Matheson, but not to excede 5%; and that he shall pay all outstanding liens against said jands, and shall pay the mlance of said purchase money to Mrs. R. he Mason as ex cutrix of the estate of Marietta Cain Hamilton; that all the right title and interest of the sid Mrs. R. ke. Mason as trustee and life tenant, Margaret Hamilton and virginia Hamilton, Myldred —_ mle - > cet ce = 5 © = - an 2 oes o ps = ov) a 2. s Thornton, w. L. Thornton, Jr., alton Mason and Mrs, alton Mason in the lands hereinbefore described shall be conveyed to the said Clarence Stimpson and that said VCommissioner herein appointed shall file due report of same with the Court, Whereas the pétition and answers filed in this action show that the full amount of the purchase price of the lands which are the sub ject of this action is going to the benerit of the estate of marietta Cain Hamilton; and whereas the parties have agreed that this shall be so; but have petitioned that the Court make some record sha ing same so that when there shall be a partition of the other property, which is held by the esbete o1 marietta Cain Hamilton and certain ot the defendants named herein ag tenants in cormon, that the estate of marietta Gain Hamilton may be charged with the 62{ acres of land which is the subject of this action; it is therefore oruerea that 4f snd when there shall be a part: tion of the remainder of the lands herein mentioned that the estate of Marietta vain Hamilton and/or the heirs, devisees or trustee shall be charged with the 62> acres on the bases of its presemt) valuation. — Vone at tatesville, North Caroline, this the LD day of Jufiy, 198 4, 7 s f/f Me A 4 rid ’ s pie ‘ SF 4 e% Clerk of -uperior Yourt, iredell vounty ul e ) BN R “U O I I W e } H St e l LAW OFFICES RAYMER & RAYMER STATESVILLE, N. C. North In the Superior Court r. > .4 LP euel Vrs. R.X.Mason, executrix of t of Marietta Cain Hamilton, trus and individually, Plaintiff Amn care Jf SALE Margaret Hamilton, Virginia Hamilton et a C.G.SMITH, CLERK OF SUPFRIOR COURT OF IRFDFLL COUNTY: U I Pursuant to an order Q he Superior Court of Iredell County, North Crerolina, made in the above proceeding, the undersigned commissioner res ectfully reports that on + is y he sold to Clarence Stimpson, at vrivate sale, the lands described in th in this cause, at fe orice of Seventeen Hundred Fifty (#1,750.00), cash iat said -urchaser has complied with the term sale by paying the ourchas rice in fulls and that the executed and delivered a deed conveying said land to rected by the Gourt. s of undersigned has therefor | said ourchaser in fee simple as cos fore 7 4+he unersigned, therefore, y recome aS tne orice paid for said air, a is that said sale be confirmed nd reasonable value thereof. This the 15th day of July, Commiss , CO. WW re ae (bape CLL / ) ) DECRFE CONFIRMING SALE Hamilton et als ) coming on to be heard and being heard upon the ssioner ap ointed herein, and it appearing to the cour pce pac ! has in all rescects complied with the terms of the fore entered in this cause, and that the purchaser, Clarence ethad' with the erms of the sale by »aying the purchase price O53 fherefore ordered adjudged and decreed that respects confirmed. the 15th day