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HomeMy WebLinkAboutEstate Records 1790-1970, Brotherton, Henry-SadieC2. 0 L Be je | , 7 a ( GAM. ae. Vs Mant ie ee mn Ol (aig a Ane b, ff: Ae ey A, Oia, Aarth Atop lt mee Be. DS? FD B73 aed! ours. Hy - v M ‘Pair Wie pith Z - ff a Of tle ae —s ca x 4a ei Seg Ai by 4 slp P bu ta KL fil Bd - * gol, Zz DH 2G 4 ate fining lerle M tif <3 / oth COW CL a (Tames bvxnntll> JM “fief / 1b G Gotelu ud fp 7 - ‘u 0 q s e y y o l g ois oO t= | APPLICATION FOR LETTERS OF ADMINISTRATION. —Printed and for sale by Nichols & Gorman, Raleigh, N. C. + ecle CL County :--Iy the Probate Court. In the matter of the Administration of na Before OtA. eerce cterd estate of He e224 Di vth ert, \ Probate Judge. wr erg, MDE come DEINE Sworn doth say: That tbr Pheer ferO , tate of said County, is dead, without leaving Jt fit any, Z. and Testament, and that+ Mb lphher Tire Acs tecetern~ Koen en Signe a Ay tt Py Arlee 10a Miz boro ASKS, AION) I cis ce Kyerot gg Kat EAI WteF72 the pl oper person entitled to Letters of Administration on the estate of the ‘aie Kee: op PT lo Further. that the value of said estate, so far as can be ascertained at the date of ‘this ot aaa is about 34lA Fee Jere-anid that « At Le /bsat. <ea“e2©? Y Le t~ 4 rem Pteereeo- Oheletresim ts <cx< ey J eat Me wrist ave entitled as heirs and distributees thereof. Sworn and subscribed before me, this \ J iF x day opbmer fr 18 Si Ali setuene Judge. Pi ae An ct lh Ciiceeh f AVEG ob l> Cle Osbvul, Serta thal betes i chad Te * y fhe PHB n. Ae. wilhiak Laver g Beet, A ae es Fee Smile aud Ghat I wwttl CO14L, eer? 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Zi | Mloriry Bet tala gh Fo wy ° ct i ® o ° 3 w x= @ 3 ee Aq u e y fu o p Z l e y z o r g Yoar est — 2 se penne oo Fiitive x Bato Hae OF fiecoy ips ticce GGAR SZ BOS AFH Get O Cece aaa of — yy o 0. es repent bled L fecteor ae is rece Coy EEF. oF 22 - Le PaO Cire cue) ip LOL 02 Cz oe Bt Alo 3 CAEL Cl flcc40. 8 Ocean. aC i Lic Vetezedee 2 tL, Lez blecz2 gy op UB beicco 1 flliaa.. feelers Lecgyliad : Pace. £20 Bese (oie LA COD Li, MAeece OF SLL OF - gee he it Baw loca as \ fora aedcxesip fp A i ea e MV Gp 7 Br o t h e r t o n , He n r y > Por-vr/7 ae 7 ~~, FOL GF bafta b-2 Ce 4 Gad MFO re. WEL 6 (Tike pobre ZN Ree. , es ee CFA x. OW hale ss Gt lit Fe heer a> pow ae eee, Lt Laser L> ao ae 4 Yh force or. hirn mak gM. Bak. pr hey Gas= : * —- | > tw 3 ct io o cs ° S “ be 4 @ 3 Q Br o t h e r t o n , He n r y a oe *r@ - jv a yl Cer, y J Ce reprete, & 3 ct S ® o ° 3 x @ 3 3 fa u e y * u 0 q s e y z O s d jt era Zi a ¢ Ao, oe — e-¢.--e T aw Be Ce. LS (Po em ee wu 1 2 et Ee a eae 7. 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TR, 4 Ps = 4 - te Pee ‘j7 OAC ce La a OK G1 Hi} fire «secees A Ar Fo fi - Wa . en - c¢¢ ot # li@etly ¢ ¢. ta <"” a = as fer. cegpy é : q fete t-OeCrm<e tree pe oe ” Fe ta ae ey Mesttiticaw Aq u e q *u 0 e y z 0 I g tian Tl Maes fad oth a | Pe Mo ae ee 4 7 ee ee. ae th hot Yluecs g P29 frown LO Leama appre 4A. cA_ve UL Lutz Printed and for sale by Nieuots & Gorman, Raleigh, N.C. : ee ek County---Jn the Superior Court, feuttir £0 CS Ape 167/67 “L— Administrat 2-7 of Cee Corr ther A Bx Plaintiff AGAINST x ee C Jet ac Men “Petition to sell Land Jor Assets. Bgos Heirs at-Law— Defendant Yo We Cievk of he Superior Gourvt Jor said County: The Petition of fort? S38 LO tHA_ Adininistrat et Wherry A Froghe ev lew , deeeased, respectfully showeth, that he was appointed ss . sae . . : on Administrat ZA Of said intestate, by the Judge of Probate of said County, on the Me Z . . day of ge ten ees 7 A and at once entered upon the administration of said estate: Your Petitioner further showetht; I. That. from the best information and knowledge which he has been able to obtain, the outstanding debts of the f eee j a ee > suid estate, amount to about Ze : eo Dollars. If. ‘That the value of the personal estate of said intestate is ie CT. e- Dollars, the _ eeds of which has been applied as follows, to-wit: joey If. ‘That, at the time of his death, the said intestate was seize Lin fee simple of the following lands, Tin Pralonsz e-zlel’ ole SAE ig ae CDrreccy > J2-vieww owinn AteEae Leegrecte p~ shaw tok, so aes: a 2 4 G- acres, or thereabouts, of the value "H about PEE. ped acre, and that said lands descended to his children, to-wit: a aged Bere years, residing in years, residing in Gin pe ' : A et 2: ble wets, POST in — re _——— 1 Said lands subject however to the dower of KW the widow of said intestate, which | Your Petitioner further showeth, That a sale of said lands, (except the widow's dower, ) is necessary to enable him to pay the debts of his intestate, and the charges of administration. To he end therefore, that said land (with the exception aforesaid) may be sold by your Petitioner under : deeree of this Court, on such terms as the Court may direct, and that the procee ds of the sale may constitute pons in his hands for the payment of said debts and chapges; your Petitioner ) Boe Pome that a summons, with a copy of this petition, be issued to the said , a SB. Abb aarvy A VRP owe Heirs-at-Law, for them to appear, answer, Ke, LPitilnyp low. (/ Attorney for Petitioner. — fb atlter. Jb LlenhK the Plaintiff, in the above entitled ease, maketh oath, that the matters and statements contained in the foregoing petition, of his own knowledge are true, and those not of his own knowledge he believes to be true. - 2 G3 P2080 Sworn, this a day of Te nea. is 7 “lh. Clerk Superior Courts | ‘f ) 0” y J fy AA . Y x yf “A ¢ ek A ‘s i l l in a n t C re - ZY q ca l ? 4 -_ £ 2 2 f / 2F oO 4 WY ES A T O L2 7 7 2 ZL 7 ff LO , VA P S T U T U pF a —— — g df ee g a PE A , 4 TZ L Z 7 Be e ZA JD “ Hi a u s o y p &, Li p a J ‘S J 9 S S V JO } PU G ] [j 9 8 0} UO T E “H Y -f V - S A 1 d ff to 3 ° ct Ss o 4% ct ° 3 J fa of o 3 ENTARY COUNTY:--In the Superior Court. oa srr Geb select iol pe) being duly sworn, doth say: <i FEW ATA....... reeantitess a i of said County, is dead, having first made and published Nip last Will and Testament: and that Aa ms LOI Amato t is the executor named therein. ‘oe That ee Aa <A C , 5 oy consisting of f this VE and that the said property, ved before me ie ly } Pip 10 OS. Ag LOE Clerk Superior Court. Z OF NORTH CAROLINA, 4 “i > SS.---In the Superior Conrt. P..<....County IMeseecece 4 to be and contain the last Will and Testament of c : : a & . . . * . . . that I will well and truly execute the same by first payirfg his debts and then his legacies, so the law will charge me, and all other duties pertaining to the office of Executor I will skill and ability. So help me God. Subscribed and sworn to before me this _ iF. ak far as the said estate shall extend, or discharge according to law, to the best of my “q f ‘u o u s p o i g Sc 6 l Fi l e d in th e of f i c e of th e Cl e r k af th e Su p e r i v r Co u r t fo r th e Co u n t y af Ir e d e } l , St a t e of _ Ca r o l i n g au Br o t h e r t o n , J. E. 19 2 5 The following is an INVENTORY of the estate of J.E.Brotherton, deceased made by R, £. “evan, emecutor of said estate, this the lst day of September, 1925, BET ORT Building and Loan certificate $200.00 4 Bedsteads 10,00 Bed furnishings 25.00 Rockers 5.00 Chairs 10,00 Cook stove 5.00 Bureau 5.00 Lounge 5.00 Center table 1,50 Old fashioned bureau 1,50 Safe 1.50 Kit Lard, about 30 lbs, 6,00 Mantle Clock 2.50 Wash stand 1.90 Canned fruit 5,00 Carpenter tools 5,00 1 e-horse wagon 15.00 1 *‘acant lot 550.00 “arming tools 5,00 Ladders 2.50 Buggy 10,00 e house and lot 2500, 00 alance due on note on lot sold prior to deceased death 190,00 b hon’ 45,00 foe nterest in about three acres of cotton raised on the degera Land R. BE. “evan, Executor of J.E.Brotherton, deceased, after being duly sworn deposes and says that the foregoing inventory is true to the best of his lkmowledge and belief. Executor of J.E,Brothertom, deceased, PR P PR P PE E P on Sworn to and subscr d before me, this the lst day o ‘q ‘f f ‘u o u o y j o 1 g Sc é l Fi l e d in th e of f i c e of th e Cl e r k of th e Su p e r i v r Co u r t th e Co u n t y of Ir e d e l l , , St a t e ef Bo r t h Ca r o l i n a on th e . da y of A, D. 19 2 . 9 we wd 4 Bo o k ie s . pa g e Pu b l i c Re c o r d s ef sa i d Co u n t y De p a c y V i l e r k Br o t h e r t o n , J. E. 19 2 5 ‘q f ‘u o u o y j o l g $c 6 l Norty Carolina, | In the Superior Court, Iredell County, } Before the Clerk, In the matter of H,E,Levan, Exetutoresto~} PETITION TO SELL PERSONAL of J.E,Brotherton, deceased, EX PARTE, J PROPERTY AT PRIVATE SALE, Your petitioner respectfully shows to the Court: FIRST: That the estate of J.E,Brotherton, deceased is the owner of two Bogs which the widow of the said deceased J.E.Brotherton does not desire to have laid off in her years allowance ; further that it would be advantageous to said estate to sell said hogs; that the Executor hasvoffered the same for sale and made diligent effort to sell same but has been unable to secure a better price thah that hereinafter set out, SECOND; That H.-S. Douglass has offered to buy said two . hogs at the price of $45.00 and pay cash on confirmation of sale, THIRD; That in the petitioner's opinion it would be té the best interest of his testate's estate to accept said offer, - as the price offered is the best obtainable and is as much or more than the same would bring at public auction, WHEREFORE, Your petitioner prays that the Court will make an order allowing him to sell said two hogs at private sale to said H.S.Douglass at the price of $45.00. This the lst day of September, 1925, . Cc? Lt ec 2— bikes ig. Jei&.Brotherton, deceased, Petitioner Upon the foregoing petition being heerd, it is ordered that R.E,Levan, Executor of J.E,Brotherton, deceased be, and he is hereby authorized and empowered to sell the property mentioned in the petition to H.S.Douglass at private sale upon the terms set out in the petition, This the lst day of September, 925.6 lerk Superior Court Br o t h e r t o n , J. E. 19 2 5 “” _ ‘f f ‘u o u o y j o i g Sc 6 l sill commas. 2 + ight BY ‘0 ORIGINAL FOR OFFICE SUMMONS FOR RELIEF—SPECIAL PROCEEDINGS—CLERK—Printed and for sale by BRADY PRINTING COMPANY, Statesville, N. 0. Iredeli County—lIn the Superior Court STATE OF NORTH CAOLINA, To the Sheriff of _Gerteret County—GREETING: the defendant...-above named ifSh& be found within your County, to appear at the office of the Clerk of the Superior Court for the County of on the 25th ___day of september ___________ 192.6 _ and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County within-18 take notice that if__.She____ fail to answer to the said complaint at that time the plaintiff.S will apply to the Court for the relief demanded in the complaint. Herein fail not, and of this summons make due return. Given under my hand and seal of said Court, this LOLb__day of ‘JOAVMOY Br o t h e r t o n , de c e a s e d an d AG A I N S T wa r g a r e t An n Ho l c o m b HUB] 94} Ft SU M M O N S FO R RE L I E F Sp e c i a l Pr o c e e d i n g LSNIVOV Re t u r n a b l e wi t h i n _ _ 1 0 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 of Ir e - de l l Co u n t y . JO WINS 9} UL “MOTO SIq} UI----juRpUazeg oy O}UN PUNOY sSaAfesno eBpaymouyow oA, “YNITOUYS HLYON HO ALY.LS Re c e i v e d Sa v t , / ¥ de p u t e be e s 19 2 . 6 Se r v e d By re a d i n g th e wi t h i n su m m o n s -- t + t e -H e r e a r e t - A n n - H o l c o m b . s m i n o r en d by de l i v e r i n g a co p y of -s e t d -s u m m o n s - t o - ta r s e a r e t - A n n - Ho l c o m b , mi n o r an d al s o by ~“ a s l i v e r i n g a co p y of -s a i t su m m o n s to Re v . ij , E , H o l c o m b , “P e t h é e r or Ma r g a r e t An h Ho m e t o m b wi t h wh o m sh e re s i d e s , JO Aep-----~--styy aur ar0joq poqiiosqns pur 0} UIOMG ‘suoI}noexe WoIy Jdulexe Ayzodoid pue seniqery ‘s1qep STY eAOge pue IdAO “WOLpOR SY} UI-~ ----Yryurelg ey} JO asaooes Avul-~---~yuepuejeq ey} se 3800 ‘= _ a 75 Sh e p i t t Ca r t e r e t . 44 . di wa ‘ro"S6l “dA eo cine tenes ire carte eee nee Aep-~~-~-siy} ‘s[B0S puB spuBy Imo SSOU}EM OTRO ne Cer eee te ‘14N0D 1013adNg ay) UT] Pl a i n t i f f ’ s At t o r n e y . yz Bi n of pu r v ha r t , ‘FANO() AOIIadNg ya01[O qous [[e""~~~“juepuezeg ey) Avd |[wys--------------------------------------.-----------.-. PIOA 04 0} “BIBIJOG ~~~ ~~~ o nn nnn nnn nn nn nnn nn oan nnn =~ - + --- =. SIe[oP Perpuny om} JO ums oy} Yx10M st oy SAes UIOMS Zuleq--~---------------------------------------------------- (([BOQ) "WW rrr nen eee ne nn-----------~----------- (‘ROG ) ooo nnn nnn nnn ------------------ +--+ ([ROQ) ~ otro rn rrr nnn nnn - 2 2-5 Br o t h e r t o n , J. E. 19 2 5 ‘” ‘f f ‘u o v o y j o r g Sc é l North Carolina In the Superior Court Iredell County } Before the Clerk. liary Brotherton and RB. E. Levann, Exemtorof J. Ey Brotherton, deceased. Voe Margaret Ann Holcomb. 2. Your petitioner, R. “. Levann, Executor of J. J. Brotherton, deceased, shows to the Court that the follo wing named petitioners and defmd- ants are devisees under the last Jill ami Testament of J. ie Brotherton, de ceased, to-wit: Lary Brotherton, widow and Margaret Aun Holcomb, said will ~eing recomed in the Office of the Clerk of the Superior Court of Iredell County, North Camlina, in #ill Book #9 at page said will being as follows; "State of North Carolina Iredell County. Je 2. Brotherten being in my richt mind and snowning the un- 2 certainties of life and beinz desirious of settling my wordly affairs, I here- by will and bequeath all of the iname from both my real and personal property, ani enough of principal to my wife Lary Brotherton to keep ner the necessities of life as long as she lives and after her doath the balance to be sold and all debts and expenses paid. The balance to be civen to Mlarzaret ann Holoomb (Daugh- ter of Rev. We 2. Holcomb) to be used to educate her or what is nead for that is any over for her to use as by appoint R. 2. Levan executor of this wi nd testament of Je be x. Brotherton (SEAL mark. ‘itnesses; H. 5S. Douglass Ce “+e Jteele. ‘7 9 ‘f ‘U o p s y j o 1 g Sc 6 l Ze That your petitioner, Re ~. Levan was duly appointed Executor of the estate of said J. &. Brotherton, deceased, by the Clerk o Superior Court of said County on the acca ay of » 1925, ani at once entered upon the duties imoosed upon him by the atlthority of said appointment. 3. That from the best information and knowledge which he has been able to obtain, the debts out standing a-ainst the said estate amount to sF73.e6 , 4, “hat the value of the personal estate of said testator vas flar2- same has been aoplied to payment of debts, until the funds «xhausted. Srotherton, deceased o That at the time of hi sath 1a Lid. +6 alley way and runs 35. 40% # 482 ft thence I. 242 to an iron stake thence N. 53 iW. 6. That the said decedent left him surviving the following named dew visees; Liary Brot .erton, wqadow and Margaret Am Holcomb, minor, age yoars. (7) That a sale of said lands is necessary to pay the debts of said testator and the charges of administration and further for the maintenmce ani sup= port of the widow, lirs. liary Brotherton, as set out in the will. (Sy Chat the estate of the said J. 2. Brotherton now consists of the above descrited vacant lot and a house and lot where the widow now resides and that y - — no ingome is available fmm the above described vacant lot and said dwelling house, it is necessary to sell said vacant lot to make assets to pay debts and also for the maintenance of the said lirs. J. ~. Brotherton, after the payment of said debts as set o it in said will. 9. That your petitioners have been offered by XR. L. soovey the sum of One Hwwdred ($100.00) cash for the lot above described in this petition, provided he can purchase the s&me at private sale; and that in the opinion of your petition- ers this is a fair and reasonable price for said land and probably m-e than the sane wuld brins at a public sale and the interest of your petitioners would be pro- moted by 4 sale at the price above set out, at private sale. HEUEFORE, your petitioners pray that the Court will order said land be sold at private sale to R. L. Poovey for the sum of ~100.0° cash and to that ve ‘” ‘f ‘u o u i o y j o i g Sz é 6 l end the Court will appoint a wmmissioner to make, execute and deliver a deed for said premises in fee simple to the purchaser when all the purchase money has been paid and the Court will further make an order that the pracesdis arising from the sale of said land, after paying the cost of this action be paid to Re 4. Levan, Executor of J. UZ. Brotherton, deceased, jioners. Re ~. Levan, Executor of J. ~. Brotherton, deceased, one of the slaintiffs in the aiove entitled procesding, being duly swom, says; that ing setition is true of his ow knowledge exo@pt as to those mat- Hae o those matters he ters stated therein upon information ani belief, and as velieves it to be true. Ge ake axecutor of de ~e Brotherton, deceased. Sworn to and subscribed before me this the Gay of October, 192. sr. Clerk Superior Court. ‘q ‘f ‘U o u o o i g Sc 6 l Nopth Carolina In the Superior Court Iredell County Before the Vlerk Mery Brotherton and RsE% | PETITION AND MOTION FOR GUARDIAN Levan, execubor of J,E, Brotherton ,deceased, AD LITEM, VS. Margaret Ann Holcomb, minor, The petition of J.W Sharpe, attorney for plaintiff in the above entitled action respestfully shows: ist? that this action was commenced for the purpose’ of making assets to pay debts and m&intenance and support of Mary Brotherton life tenant, which the plaintiff Mary Brotherton is life tenant and defendent Margaret Ann Holcomb is -Yremainderman all which is set forth the complaint in this proceeding filed on this J§~ day of 1926, 2nd: that the undersigned is informed and believes that the defendent, Margare Ann Holcomb is a minor without general or testé&m- entary guardian as is alleged in the complaint in this proceeding, Srd: that dn the l[¥ deynof Sept, 1926 summons in this cause was served upon -the defendent afd the summons was also ser ved upon Rev, W.E,Holcomb, father of the said minor with whom she resides, 4th: that on this (2 day of October, 1926, the undersigned served written notice upon deferident and also upon the said Key, WB Holcomb, her fathers that unless the said minor procured the appointee ment of guardian Ad Litem to appear end defend this action on her behalf on or before the 16th day of October, 1926 the undersigned would make application to the Honorable J,A,Hartness, Clerk of the Superior Court of Iredell County fob an order appointing some suitahle and cCompetant person guardian Aq Litem for her and authorizing him and dir ecting him tovappear and defend ‘the above entitled action or special procedding in her behelf, or which apperrs by copy of said! notice on file dn this court with the proof of Service endorsed chebea Sth: that the time fixed in the said notice has expired and the defendent has neglected to apply for the appointment of a guarddan in this proceeding, w <. & @ a 8 5 a oe Sc 6 l Wherefore, the undersigned attorney for plaintirr asks and moved that some Suitable, fit and compstant person be appointed guardian Ad Litem for the defendent » Margaret Ann Holcimb, and be euthorized and directed to appear and defend this action in her behalf, This the Sf. day of lctober, 1926, torney for plaintiff, “d ‘¢ ‘u o p i o y j o 1 g Sc 6 l North Carolina In the Superior Court Iredell County Before the Clerk Mery Brotherton and R.&,Le ven, excutor of J.E,Brptherton, b Notice to m@nor to have guar- deceased, ! aian Ad Litem appointed to VSe : 4 liargaret “nn Holcdmb, Margaret Ann Holcomb, 4 To Margaret Ann Holedmb, minor: Take notice, that unless you procure the appointment of a guardian Ad Litem to appear and defend the above entitled action or special proceeding on your behalf on or before the 16th day of October, 1926, an application will be made to the Honorable Ylerk of the Superior Yourt of Iredell Vounty at his office in the court house, Statesville,N.c, on the said 16th day of October 1926, for and ordered some suitable and competent person guardian Ad Litem for you and authorizing him to appear and defend | the above entitled action or special proceeding in your behalf, This the 4th day of October, 1926, torney for Plaintiff, I do hereby accept service of notice to have guardian Ad Litem appointed frrileggarot Ann Holcomb, minor in behalf of Maggeret Ann Holcomb minor and myself, — This the / 2-day of October, 1926, w 3 - = oO a 6 5 a 7 Sc 6 l North Yarolina In the “upertor Court Iredell County Before the Clerk Mery Brotherton and R,E, ! Levan, executor of J,E, ORDER Brotherton, deceased, VS. Margaret Ann Holcomb, minor. Upon reading and filing the foregoing petition and motion for appointment of a guardian Ad Litem fon the defendent, Margaret Ann Holcomb, together with a copy of the notice to the defendent therein referred to and no application having been made on the part of the defendent for the appointment of a guardian 4d Litem, and after due imformation as to the fitness of the person to be appointed; this is found as a fact by the ceunt that wh is a discreet, fit, suitable and competant person to act as suardian Ad Litem for defendent Margaret Ann Holcomb, and it is ordered that the sei BE Aaheande, and he is hereby appointed guardian Ad Litem 6@ the infant defendent Margeret Ann Holcomb, in°this proeeeding to make assets to pay debts and for maintenance and support of hhe said Mrs Marg Brotherton, life tenant, and he is authorized and dire cted to appear and defend the same on said infants be half, This the LH day of October, 1926. North Carolina Iredell County I hereby accept the appointment as guardian Ad Litem of the infant, Margaret “nn Holcomb, in an action or special proceeding above described;.and agree to act faithfully and diligently in said capacity. This bhe Ly dey of Oct, 1926. vitness ‘q f ‘u o v o y j o 1 g S7 6 l ‘q f ‘u o p o y j o i g Sc 6 l NORTH CAROLINA: In the Superior Court IREDELL COUNTY: Before the Clerk Mary Brotherton and R E Levan, Executor of J E Brotherton, deceased ANSWER OF GUARDIAN AD LITEM vs Margaret Ann Holcomb TO J A HARTNESS: CLERK SUPERIOR COURT IREDELL COUNTY: N C: unegen Hotoonbe, the defendant in the above entitled action, answering the petition filed therein by and thru D L Raymer, her Guardian Ad Litem, alleges and says: 1. That the allegations contained in the first paragraph of the petition are admitted. 2. That the allegations contained in the second paragraph of the petition are admitted. 3. That the defendant has not sufficient information to form & belief as to the allegations contained in the third paragraph of the petition, but the same are presumed to be true, and are therefore not denied. , 4. That the defendant has not sufficient information to form @ belief as to the allegations contained in the fourth paragraph of the petition, but the same are presumed to be true, and are therefore not denied. 5. That the allegations contained in the fifth paragraph are admitted. 6. That the allegations contained in the sixth paragraph of the petition are admitted. 7- ‘That the defendant has not sufficient information to form a belief as to the allegations contained in the Seventh paragraph of the petition, but the same are presumed to be true, and are therefore not denied. w 3 o > o a S B 7 7 Sc 6 l 8. That the defendant has not sufficient information to form @ belief as to the allegations contained in the éhghth paragraph of the petition, but the same are presumed to be true, and ere therefore not denied, 9. That the allegations contained in the ninth paragraph of the petition are presumed to be true and are not denied. WHEREFORE, the defendant does not resist judgment, as prayed by the petitioners in this action. This October 14 1926 A D. Ze: Guardiay Ad Litem ‘d f ‘U o u o y j o i g Sc 6 I North Carolina In the Superior Court, Iredell County Before the Clerk, Mary “rotherton and R.#.Levan executor of J.E,Brotherton, deceased, ORDER OF SALE AND DECREE, VS. Mary Ann Holcomb, by and through her guardian Ad Litem, b.L,Raymer, _- _ oO ll cl l OC U OC S OS OU This cause coming on to be heard and being heard upon the duly verified petition of the plaintiff¥and the answer of the defendent, and it appearing to the satisfaction of the court from said petition and the answer that the personal estate of the said J.E.Brotherton, deceased, is insufficient to psy the cdebts and char- ges of admin&stration, and it further appears to the court that the defendent in this action joins in with the petitioners to sell the lands belonging to the said estate described in the petition and from the proceeds thereof to pay the indebtedness @f said estate and after the payment of said debts to psy the balance if any to the said Mrs, “ary Protherton as set out in the will for her support and maintenance after the payment of the cost ih this proceeding, It further appesring to the court that J.E.Brotherton died testate leaving the last will and testament and willing to his wife Mary X. Frotherton all the income from the said personal and real estate and to use any part of the principal of said estate if the same may be neccessary for her support and maintenance;it further appearing to the court that the defendent, Margaret Ann Holcomb is a minor and has been properly served with summons and made party hereto and «ppearing in thes proceeding by ahd through her guardian Ad Litem, D.L.Raymer and that the said defendent admits all the alligations in the petition. It further appearing to the court that R.L.Poovey has made a bona fide, o purchase said jJands’ described in petition provided he can bug the same at private for the sum of $100.00 cash, sale, ++ further appearing to the court from the opinion of the petitioners and defendent and from the affidavit of value filed in this proceeding by three disinterested parties, that said price so offered is a fair and reasonable price and all that same is reasonable worth, and probably more than it wouray ey fis effered for sale at public auction, It is, therefore, ordered, adjudged, and decreed by the court that the said lands described in the petition be sold to R.L.Poovey for the sum of $100,00 cash, at private sale, and to that end that J.W.Sharpe, be, and he is nerveby appointed a commissioner to execute a deed to the purchaser conveying said lands in fee simple upon the payment é@f the purchase money. And out of the proceeds of the said sale, the commissioner shall first pay the costs of this action and he shall then pay the balance of the seid purchase money over to &.e.Levan, executor of J.=.Brothertom, deceased, who shall apply a sufficiency thereof to the payment of such debts and charges of administration as the personal estate may have been insuffieient to discharge and if ang surplus shall remain after the payment of said debts and charges, the same is to be paid to the said Mary E,Brotherton for her support and maintenance as she needs the same, This the 9th day of November, 1926, T Clerk Superior Court, “q f ‘u o u o y j o 1 g Sc 6 l ‘A ‘f f ‘U o v s o y j o i g Sc 6 l North Carolina, Iredell County, Before the Clerk, In toe Superior Court, Annual accamt of “,E, Levan, executor of JE eR EET cy deceaséd, Made this 12th day of October, 1926, 1925, Money on hands « Cash on hogs August 25-lieceived of l'red Chapmen on “lot Sept. 18th." Oct. lsteeceived from Building and “oan ASSO. Oct. 5theReceived from Chapman on lot GBct.d= For corn ; 1926 Oct 19th-Received from Fred Chapman on lot- Oct 22nd- “eceived bal. on creas Oct,23rdR Received of Fred Chapmen on lote Nov, 2lst- “ale 1925 i Received from Fred Chapman- 1926. Jen,19th- Received from red “hapmen- Feb. 19th- | ia May 7th- ' ' . . ms Cotton- - Total ecebtpts- DISBURSEMENTS, 1925 Aug. '16-Paid lips, J,E peotherton vept. 8-Clerk of Court” Sept.8- Polk Gray Drug Co, Sept. 10- Mrs. : E,Brotherton Sept. 18=- Davis Hospital Sept. 19=- Mps. J.E,Byotherton Sept. 24- a Oct.10= ‘Johnson's funeral Home- Oct.2= Dr, Gibson Oct.6= irs Brotherton Oct.6=— H,S - Douglas Oct.16= Mille Eiectric Co, Oct 22— Mrs, Brotherton Oct.22= H.S Douglas Oct.,30= Holland Bros, (coal) Nov.20- E.H; ‘Brotherton (for work). Nov.21-iR SE: Levan (nursing ) Nov.2l- W.C,Perry(cry sale) Nov 26- Landmark anvert sing Dec.4= Insugance om buildings Dec.5= <2 rotherton Dec.3- R,E,Bevan,bal, on nursing~ Dec ,.22~ lirs. Brotherton - Dece25= " ‘i 1926 Jen.25= " w ay Jan,25- Hollend Bros. (coal) - Feb.19- Mrs, Brotherton ~ March 17=-" = ‘pri 15- LC, Wagner-note- April 15- S,0,Lazenby-Survey ing- May 8-lirs Brotherton May 2l- H.S,Douglass May 22-Mrs, "Brotherton May 28- Clerk of Vourt May 29- Insurance ee 89 at ee t 48,74 5,00 920. 00 10,00 $205; 00 $10.00 $2.90 0,00 40,00 10,00 66. 91 310,00 P18 .00 10,00 $90.00 420300 —$575.69 June l4- City taxes June 15 lirs, Brotherton July 17- " " July 28- County taxes fug.lé- “rs, Brotherton Augel6= " : 20.14 Sept. 22-" " 2,50 Total Disbursements $ 573.46 Balence in hands of ezecutor ----23¢ 15,52 16,90 yp10,00 12.69 7,50 RE, Levan, afte béing dhly sworn deposes and says that the foregoing annual settlement is true and accurate to the best of his knowledge, imformation and belief, (RELL eee Executor of J,E,Brotherton,deceased, Sworn to and subscribed _before me, “AD Ape of Optober, 1926, AD ip 6lerk of Superior Court ¥ ° = i oO a ° B ot ce Sé 6 l Br o t h e r t o n , J. E. 19 2 5 Original for office SUMMONS FOR RELIEF—SPECIAL PROCEEDINGS—CLERK—Printed and for sale by BRADY PRINTING COMPANY, Statesville, N. 0. Iredell County—In the Superior Court SUMMONS STATE OF NORTH CAOLINA, To the Sheriff of County—GREETING;: YOU ARE HEREBY COMMANDED to summon_.Mary_Ann Holcomb the defendant____above named ifshe._be found within your County, to appear at the office of the Clerk of the Superior Court for the County of iredell and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County within__.13 days from date of this summons, and let : take notice that if_._._.rhe _ fail to answer to the said complaint at that time the plaintiff_s will apply to the Court for the relief demanded in the complaint. Herein fail not, and of this summons make due return. Given under my hand and seal of said Court, this..lJth ‘A ff ‘u o u s pj o i g Sc 6 l 2+ h e r gu a r d i a n Ad Li t e m , SU M M O N S FO R RE L I E F Sp e c i a l Pr o c e e d i n g 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 of Ir e - de l l Co u n t y . ie s Me y | PO Se r v e d 2/ 8 7 __ . . . . _ Lo Ge 19 2 . 7 re a d i n g th e wi t h i 42 WC A A de + £ Y a ma t e d B su mo y iS > a 7 de a n cS sp e a r Be e E- - ee an a he Aa l f t v u e r i n e 2s co n v of l Pa s s ‘ CO D ? Oo ar a r p r r a t ec rt r r te r re t e so r (e m ee n i l 7 We r Ae l 4 - v a r i n Sr a ne e So n A Au . vu oe -i e l a e u s h . mi n e r ho r n e ee e PM N S os ee ne ee a es a ee es ee e 2 Pl a i n t i f f ’ s At t o r n e y s *qanO_ aotsedng ya2e[Q M = 3 re } 5 oe ° ~ 5 Qu Dn = a a 3° J. = o Qu oS ro } te ° 5 eo B o co E. RQ 1 i 1 1 1 1 i 1 _ ° Fe ' J 1 ' i i I i 1 ' 1 ' ! I 1 ' i 1 ! i I 1 1 ! ' 1 1 \ —_ © nw 1 ' ' 1 ‘suoI}Noexe WOAy Jduexe Ajr0doid pue sontiiqel, ‘s}qop Sty eAoqe Puv JEAO SIB][Op petpuny OM} JO UNS 9Y} YVIOM ST 0 SAWS ULIOMS INR ag i legal cal assert an enchanted aaa opm cw ne ee a oes ce ig amo i a a ae ay ca BBL SC Yr Tororo onnnnnn==<<<<-39 ABP--~---sty} ‘s[was PUB SpUBY AMO ssouT “WOT}OW SIY} UI-~~-~-YyUre[g ey} Jo 1ed0ved ABul~----~-yuepuazoq, oy} SB 4s00 ‘JOAOMOY re nes ORE FEE Gr neers nner eine eres eh aeeaaenaen ts HPALeT TI 94} Ft PloaA 9q 0} SE ce ne ee ee eee gO WINS 9} UI ‘uo1j0B SIY} UI-~~“jJuBpusjogq ey 0}UN PUNOg Sedjesno aeSpa,Mouyoe oA, LSNIVOV POO we a ee ew ee ee ie ween “YNITOUYVO H.LUON AO ALY.LS *1NO4D 1013adNg ay} UT Br o t h e r t o n , J. E. 19 2 5 “Original for office SUMMONS FOR RELIEF--SPECIAL PROCEEDINGS—CLERK—Printed and for sale by BRADY PRINTING COMPANY, Statesville, N. 0. Icedell County—In the Superior Court Steen SUMMONS ;/;72°~- the defendant....above named if.she.be found within your County, to appear at the office of the Clerk of the Superior Court for the County of Iredell on the.._.dlst day of and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court.for said County within.__8 Piece oor. take notice that if_..she___ fail to answer to the said complaint at that time the plaintiff_s will apply to the Court for the relief demanded in the complaint. Herein fail not, and of this summons make due return. Given under my hand and seal of said Court, this-2QtJi_day of ‘d f ‘u o p o y j o i g Sc 6 l fo r of f i c e HYUTe[_ Oy} Jt ‘toaomoy SU M M O N S FO R RE L I E F Sp e c i a l Pr o c e e d i n g LSNIVOV SPOS SSS OSB SAMEEREN BERR BM SE Bahan 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 of Ir e - de l l Co u n t y . JO Ws 94} UT ‘UOT}OR SIq} UI----yUuRpUezeg 943 0}UN PUNO SaAjesino aSpojmouyoe aM “YNITOUYD H.LUON HO ALV.LS Jo ABp--------siy} out e10jaq paqisosqns pue 0} uroMg By re a d i n g th e wi t h i n / s u n m o n s to - H e r c a r e t - a m n - H e l c o m b , - - s i n e r an d by @e l i v e r i n g a ca p y of sa i d te -h t u r g a r e t -f a n r -H o t e o m b mi n o r , an d al s o by de l i v e r i n g a f sa i d su n i s i s to Re v e ‘suoT}Noexe WoIZ Jduexe Ajr0dord puv sentiqer, ‘s}qop sty eA0qe PUuev IdAO “WOTOe Sy} UL-~ ~~" HIGUIG[Y OY} JO 1aA0v01 AQUI------yuBpuezaq] oy} sv 1800 ee C6 “q Seem amen ore sre ee te 4ep----~-s1yy ‘g[ves pue spueyq ano SSOU}T A Se MET cre ne Nee eee mre ee Pl a i n t i f f ’ s At t o r n e y . *J2N07) 1012adNg ay} UT Fe e 52 . 0 0 pa i d to us e of J. W. Sh a r p e , At t y . *JANOLK) AOIZEdNYG yuapo yous If?" ~~~" ~yuepusjogd oq} sed [TOQSK rrr rrr terre nn nn enn nn nn nnn nnn nn ee ee PIOA 9q 0} ‘SIB[0Q)~ ~~~ - orn = -------- -- +--+ - +--+ SIBT[OP Perpuny om} Jo uMs ey} YII0M st ay SXes WIOMS Buleq~----------~-~----------------------------------------- ([WOg) ~~~ nana nnn nnn nnn nn nnn nen ne nee nne nn (([BOQ) ~r or rrr ------------------- Br o t h e r t o n , J. E. 19 2 5 Original for office SUMMONS FOR RELIEF—SPECIAL PROCEEDINGS—CLERK—Printed and for sale by BRADY PRINTING COMPANY, Statesville, N. 0. Iredell County—In the Superior Court SUMMONS the defendant.....above named if_J.¢__be found within your County, to appear at the office of the Clerk of the Superior Court for the County of ivedell if 1927___ and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County within.___18 him fail to answer to the said complaint at that time the plaintiff_.s_______ will apply to the Court for the relief demanded in the complaint. * Herein fail not, and of this summons make due return. i onafhule few a a ee —- / ee. Clerk Superior Court, Iredell C ‘q ‘f ‘u o p o m j o i g S7 6 l Ma r g a r e t An n Ho l o o m h - Pa n e th r o u g h he r gu a r d i a n hy . +¥ en 7; ~T _ Fe ti s t s AM R es r i s o o n n c s i n si g a n Lo s e n s s h p e m e n s e SU M M O N S FO R RE L I E F Sp e c i a l Pr o c e e d i n g LSNIVOV 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 of Ir e - de l l Co u n t y . “YNITOUYO H.LUON HO ALY.LS “---"-"-gTY} OU VIOJEq Paqiiosqns pue 0} UIOMG TyUIw[g oy} Jo 1aA0ve1 ABUI---~~~jyUepUazZoq 94} SB 3s00 So 2 o cr © 3 eu © la °o < o oS me e R Qu © i co 2 — = © a & ce a. ry a ~) 8 mu no ] 8 So s ro ) x < o a oO B 'S oe He 3 B o w 8 Ss co t ms E ‘uoTpo¥ Sty UI---~~-“y =" B6L “q MS A UR er ree ee one a ee &ep-~--~~styy ‘g[ 80S -paR oot INO ssoujyin SRE SS ere eer ae Pl a i n t i f f ’ s At t o r n e y . *14N0/) 1012adNg ay] UJ ‘qanog aotwedng yx19{9 PIoaA oq 0} See Se a oa ee a ae JO Wns 9} UI ‘m01}08 sIq} UI-~~~“JUuBpUsjJoq 94} eRe ee Tf Uaen ee oe eee Cn ame ere ON ee GRIT eM ee iay t n eeo | a re espa] Mouyoe OM yous [[@- ~~~" yuepusjoqd] oF sed Ce ee ye ee nn Or re eee Orie oN et) eer |, an ‘IOAQMOY SIB[[Op paipuny OA} JO WINS 94} YZLOM SI oY ses WI0MS BRO SC ee te tere Br o t h e r t o n , J. E. 19 2 5 ‘q d ‘f Uo p o y j o 1 g S7 6 l North Carolina, In the Superior Court, Iredell County. Before the Clerk. R. E. Levan, Executor of J. E. Brotherton, deceased, and Mary Brotherton, VS. Margaret Ann Holcomb, minor by and through her guerdian Ad Litem, D. L. aymer. SO O OO O OO OO OO Your petitioners respectfully showeth to the Court: lst; That your petitioner R. E. Levan, Executor of a Brotherton, deceased shows to the Court that the following named petitioner and defendant ,are devisees under the last will and testament of J. EH. Brotherton, deceased, to-wit: Mary Brotherton, widow of J. E. Brotherton, deceased v vr Ps and Mary Ann Holcomb, said will being recorded in the office of the Clerk of the Superior Court of Iredell County, North Carolina in wiil book No, 9 at page 209 said last will and testament being in words and figures, symbols, etc. as follows: "State of North Carolina, Iredell Coutny. I, J. E. Brotherton being in my right mind and knowing the uncertainties of life and being desirious of settling > my worldly affairs, I hereby will and bequeath all of the income from both real and personal property, and enough of principal to my wife Mary Brotherton to keep her the necessities of life as long as she lives and after her death the balance to 2 * be sqgld and all debts and expenses paid. The balance to be w 7 iven to Margaret Ann Holcomb (Daughter of Rev, 7. E. Holcomb) S o / to be uscal to educate her or what is need for that purpose and z if there is any I hereby appoint R, E van Exccutor of this will and testament his J. E. x Brotherton (SEAL) merk, : Witnesses: H. S. Douglass CG. BE. Steele. * ‘” q ‘f ‘u o u o y j o 1 g Sc 6 l end: Phat your petitioner, R. E, Levan was duly appointed executor of the estate of said J. BE. Brotherton, deceased, by the Clerk of the Superior Court of said County on the 19th day of August, 1925, and at once entered upon the duties imposed upon him by authority of ssid appointment, Srd:; That fiom the best information and knowledge that he has been able to obtain, the debts outstanding against said estate amounts to about $573.00 plus the inheritance ich amounts to about $91.00 and the texes for 1926 of 513,90 the total sum of which is about $677.90, 4th: That the value o° the personal estate of said testator was about $392.00, and the same has been applied to the payment of debts until the funds That a vacant lot belonszing to the estate of the said J. E. Brotherton has been sold to R. L. Poovey for the sum of $100.00 which has been applied to the payment of the indebtness after payment of the cost in a Special Proceeding for the sale of said lot and that there now still remains outstanding indebtness against said estate to the amount of $228.70, 6th: Thab at ¢t ime of his deatl the said a Brotherton, deceased was s 7 € n fee simple of the following described land: Beginning at an iron p He. L. Mayberry's corner on the South of West Front he City of Statesville and runs iron line South rey's corners ing a part of the tract of land ased by J. E. Brotherton from J. A. Lackey, et al recorded he office of the Resister of Deeds for Iredell County in deed book 7 at page 387, 7th: That the said decedent left survivine him the following named devisees to-wit: Mary Brotherton, widow and Margaret Ann Holcomb, minor, age years, 8th; That a sale of said land is necessary to pay the debts of said testator and the charges of administration and ‘q ‘f f ‘U o v o y j o 1 g Sc 6 l further for the maintenance end sunport of the said widow, Mrs, Mary Brotherton, as set out in the will, 9th: That the estate of the said J. E. Brotherton now consists of the above described house and lot where the widow now resides and that no income is available from the above described dwelling house, and that it is necessary to sell said lot and dwelling house to make assest to pay debts and also for the maintenance and support of the said Mrs, Mary Brotherton, after the payment of said det as set out in said will, WHEREFORE, your petitioners vray that the Court will order said land to be sold eb public auction to the highést bidder for cash and to that end the Court will appoint a Commissioner to sell said land under the directions of the Court and that the Court will further make en# order that the procecds arising from the sale of said land, after paying the cost of this action be paid to R. E. Levan, Executor of J. E. Brotherton, deceased, for the pet North Carolina, Iredell County. R. &. Levan, Executor of J. E. Brotherton, deceased one of the plaintiffs in the above entitled proceeding, after being duly sworn says; that the foregoing of his own knowledge except as to matters information and belief, and as it to he true, ‘d f ‘u o u o y j o l g Sé 6 l North Yarolina, In the “uperior Court, Iredell County, Before the Clerk, R. E., Levan, Executor of J. E. Brotherton, deceased and Mary Brotherton, APPLICATION FR GUARDIAN AD LITEM VSe Margaret Ann Holcomb, To J. A. Hartness, Clerk of the Superiob Court of Iredell County: The plaintiff in the above entitled vroceeding re- spectfully showeth to the Court that Margaret Ann Holcomb, defendant in the above entitled proceeding for the sale of real estate to make assets is a minor and without ceneral or testamentsry guardian and that said minor defendant has been duly served with a summon in said preceeding, Wherefore the said plaintiff hereby makes application to said Court to appoint some suitable person to act as Guercian Ad Litem for said minor and to represent her interest in said procecding, This the lf day of May, 1927, DO hehe Executor of J, E, Brotherton, deceased, ‘” ‘f ‘u o p a y j o i g Sc 6 l North Carolina, In the Superior Court, Iredell founty,. Before the Clerk, KR. E, Levan, Executor of J, E, Brotherton, deceased and Mary Brot herton, VS. APPOINTMENT OF GUARDIAN AD LITEM SO OO OO Margaret Ann Holcomb, It appearing from the sworn complaint and application in this proceeding that Margaret Ann Holcomb, infant defendant, is without general or testamentary guardian, and that said infant defendant has been duly served with summons in this proceeding; and D. L. Raymer her next friend, who is found by the Court, after due inquiry es to hid fitness to be a suitable, discreet and comoentent person having come into Court signifing his willingness to represent said minor, It is, therefore, on mobion of R, E Levan, Executor of Brotherton, deceased, ordered that D. L, Raymer be, and he is hereby, appointed Guardian Ad Litem of said infant defendant, Margaret Ann Holcomb, in this proceeding and he is authorized and directed to appear and defend the same in her behalf as such Guardian, This the // day of May, 1927. LLLy Cherk Superior Court, North Carolina, Iredell County. I hereby accept the appointment as Guardian Ad Litem of the infant defendant, Margaret Ann Ilolcomb in an astion or special proceeding above entitled, and agree to act feithfully and diligently in said capacity, This the ee day of May, 1927, ag 7 Witness: ow = 3 - > @ a ° # a es) Sc 6 l ‘q ‘f ‘U o v o y j o 1 g Sc é 6 l North Carolina, In the Superior Court, Iredell County. Before the Clerk, R. E. Levan, Executor of J. E. Brotherton, deceased and Mary Brotherton, ANSWER OF GUARDIAN AD LITEM VSe IS P Oo Oo SS Margaret Ann Holcomb. To J. A. Hartness Clerk of the Superior Court of Iredell County; N.C.: Margaret Ann Holcomb, the defendant in the above entitled action answering the petition filed therein by and through D.L. Raymer her Guardian Ad Litem alleges and says: Ist: That the allegations contained in the first paragraph of the petition sre admitted, end: That 2 allegations contained in the second paragraph of the petition are admitted. Sra: That the defendant has not sufficient information to form a belief as to the allegations as contained in the third paragraph of the vetition that the same were nresumed to be true and are therefore not denied, 4th: That the defendant has not sufficient inforvation to form a belief as to the allegations contained in the foubth paragraph of the -etition, but the same are presumed to be true, and are therefore not denied. 5th: That the allegations contained in the fifth paragraph the petition a admitted. 6th: That allegations contained in the sixth paragraph the petition are admitted, 7th: That allegations contained in the seventh paragraph the petition are admitted, 8th: That the defandant hos not suffictent information to form a belief as to the allegations as contained in the eight paragraph of the petition, but the samme are oresumed to be true and are therefore not denied. Oth: That the defendant has not sufficient information to form a belief as to the allegations contained in the ninth paragranh of the petition, but the same are presumed to be true and are therefore yot denied, WHEREFORE, the defendant does not resist judgement as prayed by the petitioners in this cause, ifthe court finds the facts to be true as alleged in the »oetition. This the J/ day of May, 1927, w = ° oe = a a ° ma 7 Sc 6 l “G f¢ ‘U o p o y j O I g Sc 6 l North Carolina, In the Superior Court, Iredell County. Before the Clerk, R. E. Levan, Executor of J. E. Brotherton, déceased and Mary Brotherton, vs. ORDER OF SALE Margaret Ann Holcomb, by and through her Guardian Ad Litem, D. L. Raymer, This cause coming on to be heard and being heard upon the duly verified petition of the plaintiffs and the answer of the defendant, and it appearing to the satisfaction of the Court from said petition and the answer that the personal estate of the said J. E. Brotherton, deceased, is insufficient to pay the debts and charges of administration and it further appearing to the Court that the defendant in this action joins in with the petitioners to sell said lands belonging to the said estate described in the petition, and from the proceeds thereof to pay the indebtness of said estate and after the payment of said debts and cost of this proceeding to pay the balance if any to R. E. Levan, Executor of J. E. Brotherton, deceased for the use and benefit of the said Mrs, Mary Brotherton as set out in the will for her support and maintenance after the payment of the debts and cost of this proceeding. It further appearing to the Court that J. E. Brotherton died testate leaving a last will and testament copied in full in said petition, willing to his wife, Mary Brotherton all the income from his personal and real estate and to -usecany part of the principal of said estate, if the same be necessary for her support and maintenance; it further appearing to the Court that the defendant Margaret Ann Holcomb is a minor and has been properly served with a summons and made party hereto and appears in this proceeding by and through her Guardian Ad Litem, D. L. Raymer, and that the said defendant admitts all the allegations in the petition; it further appearing to the Court that a sale of said land is necessary to pay the debts ef said testator and charges of administration and further ‘q d ‘f ¢ ‘u o u a y j o i g Sc 6 l for the maintenance and support of said widow, Mrs, Mary Brotherton, as set out in the wills It is therefore ordered, adjudged and decreed that the lands described and specified for sale in said petition be sold, in order to pay so much of said debts and charges as the personal estate may be insufficient to discharge, It is further ordered and decreed that J. W. Sharpe be, and he is hereby appointed as commissioner to sell said lands described in the petition at the Court House Door of Iredell County in Statesville, North Carolina to the highest bidder at public auction upon the following terms, to-wit: O6ne-fourth cash and the balance to be paid in twelve months with interest at the rate of six per cent per annum payable annually and that he sell the same in Statesville on the 23rd day of July, 1927, a 12:00 o'clock noon, after posting a notice of said sale at the Court Heuse Door and at three other public places in Iredell County for thirty days immediately preceeding such sale, and also publishing said notice once a week for four weeks in the Statesville Daily, a newspaper published at Statesville in Iredell County, North Carolina; and the said commissioner shall report his proceeding in the premises to this Court within twenty days from date of sale, And this cause is retained for further direction, This the 2lst day of June, 1927; - A erk Superfor Court. ‘d f ‘U o p o y j o 1 g S7 6 l North Yarolina, In the Superior Courty Iredell County. Before the Clerk, R. E. Levan, Executor of J. E. Brotherton, deceased, and Mary Margaret Ann Holcomb by and through her Guardian Ad Litem, D. L. Raymer. 6 vs. REPORT OF SALE ( ) TO THE CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY: J. W. Sharpe, Commissioner heretofore appointed by the Court to sell lands described in petition in this cause, re- spectfully reports to the Court: That pursuant to the orders of the Court I exposed the said lands to sale at the Court House Door of Iredell County in Statesville, N.C, at 12:00 o'clock noon on August 20, 1927, at public auction for cash; that at said sale A. L. Mills be~ came the last and highest bidder for the same at the price of $1,000.00: That since the date of said sale and within 20 days thereafter, Mr, Isadore Wallace has placed an advance bid of 10% on the first sale and therefore, your Commissioner recommends that the sale to A. L. Mills be set aside and not confirmed and that a re-sale of said lands be made on the account of the advance bid; bidding to commence at the price of the advance bid, to-wit: Eleven Hundred Dollars, This the 24th day of August, 1927, (7 ‘Commissioner UY North Carolina, In the Superior Court, Iredell County. Before the Clerk, R, E. Levan, Executor of J, FE. 9 Brotherton, deceased, and Mary Bro therton, vs, ORDER OF RE-SALE ) ) 0 $ ORDER._ OF _RE-SALE Margaret Ann Holcomb by and ( through her Guardian Ad Litem, 4 D. L. Raymer. This cause coming on to be heard before the undersigned Clerk of the Superior Court, upon report of the Commissioner, J. W. Sharpe, and it appearing to the Court that within twenty days from the date of the first sale, Mr. Isadore Wallace has placed an advance bid of ten per cent on the sale of August 20, 1927 to A. L. Mills at $1,000.00, which advance bid causes the offer of Isadore Wallace to be $1,100.00 for the purchase of s said lands: it is, thereupon ordered and adjudged that the sale to A. L. Mills be, and the same is hereby set aside and it is ordered that the lands be sold by the commissioner, bidding to commence at the advance bid of Isadore Wallece, in the amount of $1,100.00, It is further ordered by the Court that the commissioner be, and he is hereby authorized and empowered to re-sell the said lands at the Court House Door of Iredell County in Statesville, N. C. on the 10th day of September, 1927, at 12:00 noon, after posting a notice at the Court House Door and three other public places in Iredell County fifteen days immediate- ly prececding said sale and publishing a notice thereof in the Statesvilie Daily a newspaper of Iredell County once a week for two weeks, And the commissioner shall report his proceeding hereunder into the office of this Court within ten days after the said re- sale, This cause is retained for further orders, This the 24th day of August, 1927, V, 1 wal Gaperice ct of Rocce: County. ‘q d ‘f ‘U o p o y j o i g Sc 6 l “J ‘f ‘u o v o y O I g Sc é l | ’ North Carolina, In the Superior Court, Iredell County. Before the Clerk. R. E. Levan, Executor of J. E. Brotherton, deceased and Mary Brotherton. VS. REPORT OF RE-SALE Margaret Ann Holcomb by and through her Guardian Ad Litem, D. L. Raymer, ao OO SO OO O mS TO THE CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY, N.C.: The undersigned Commissioner heretofore appointed to sell the lands mentioned and described in the petition, re- spectfully reports to the Court that pursuant to an order of re-sale made in the above entitled proceeding on the 24th day of August, 1927, and after due advertisément, as provided by law, in the ease of re-sale of a Commissioner, he exposed said lands to re-sale at the Court House “oor of Iredell County on Saturday to the highest bidder for cash at public auction on the 10th day of September, 1927, at 12:00 o'clock noon, when and where Mary Brotherton becane the highest and last bidder for the same at the price of Eleven Hundred Twenty-five & no/100 Dollars and that in the opinion cf your commissioner and the parties interested the price offered is a fair and reasonable price for said lands and that unless an advance bid is received by your commissioner within twenty days from the date of said re=ssale, the commissioner reccomends that the Court confirm said sale to Mary Brotherton at the price of Eleven Hundred Twenty-five & no/100 Vollars, one-fourth be paid on confirmation of sale and the remainder in twelve months and your commissioner be authcrized to make a deed conveying said lands in fee simple, This the 12th day of September, 1927, (f Commissioner 7 w ° > i OQ = § ° am, oe Sc 6 l North Carolina, Iredell County. R. E. Levan, Executor of J, E. Brotherton, deceased, and Mary Brotherton. VS. Margaret Ann Holcomb by and through her Guardian Ad Litem, De L, Raymer. In the Superior Court, Before the Clerk, COMMISSIONERS REPORT OF RE#SALE J. W. Sharpe, Commissioner in the above entitled proceeding, respectfully shows to the Court that the last has sale held on the 10th day of September, 1927/stood open for more than twenty days since the date théreof and no adva ce bid having been placed upon the sale of said land and he, therefore recommends that the sale of September 10, 1927 for Eleven Hundred Twenty-five & no/100 Dollars be confirmed. This the 3rd day of October, A Lak. ommissfoner, ‘” _ ‘f f ‘U u o v o y j o 1 g Sc 6 l North Carolina, In the Superior Court, Iredell County. Before the Clerk, R. E. Levan, Executor of J. E. Brotherton, deceased, and Mary Brotherton. vs. _FINAL DECREE CONFIRMING SALE Margaret Ann Holcomb by and through her Guardban Ad Litem, D. L. Raymer, ) ) ) ( ) ) ) ) This cause coming on tc be heard upon the report of J. W. Sharpe, Commissioner appointed by the Court to adver-= tise and sell the land described in the petition in this cause and it appearing to the Court that the land has been twice advertised and sold end that upon the re-sale of same held, pur- suant to the orders of this Court, on the 10th day of September, 1927, at the Cort House door of Iredell County in Statesville, the said Commissioner offered said lands to re-sale to the highest bidder at public auction after due advertising and that then and there Mary Brotherton became the last and high- est bidder for said land at the price of Eleven Hundred Twenty- five & no/100 Dollars, one-fourth in cash on confirmation of sale and balance to be paid in twelve months: It appearing to the Court that said sale has stood open for more than twenty-days since the date thereof and that no advance bid has been place on the saic re-sale to Mary Brotherton and that the Commissioner recommends that the same be confirmed: It is, therefore, ordered, adjudged and decreed that the re-sale made to Mary Brotherton on September 10, 1927, be, and the save is hereby in all respects confirmed and approved and the said J. W. Sharve, Commissioner, is authorized, empowered and directed to make and execute and deliwer a deed, conveying said land described in vetition to Mary Brotherton the purchaser, upon payment of one-fourth cf said purchase price in cash and balance secured by first deed of trust due and payable in twelve months after first paying the cost of this action and balance of said first payment to be paid to the Executor of the estate of J. E. Brotherton, deceased for the purpose of paying debts, cost @ 3 ° = 9 oO a S tg _ se Sc 6 l of administration and the maintenance and support of Mary Brotherton as set out in said petition, It is further ordered by the Court that a Deed of Trust be executed with a first lien upon the lands described in the petition for the balance purchase money and said deed of trust to be made due and payable to Rk. E. Levan, Executor of J. E. Brotherton, deceased, This the Srd day of October, 1927, 7 Gt unLe7 rk of the Superior Court, North Carolina, Iredell County. ANNUAL ACCOUNT of R. E,. Levan, Executor of J. E. Brotherton, deceased showing receipts and disbursements, made this the 20th day of October, 1927. RECEIPTS Balance on hand last settlement Received of R. L. Poovey from sale of 106 Received from J. W. Sharpe, Commissioner first vayment from sale of house and lot 500,00 Sateal Receiete i... & 4 6 6 ea eo eee Mrs. J. E. Brotherton, cash J. A. Hartness, C.S.C. cost in Special Proceeding for sale of vacant lot H. S. Dougless, grocéries for Mrs. J.#.Brotherton Holland Bros., coal for Mrs. J. E. Brotherton Mrs. J. E. Brotherton, cash Dr. J. M. Holland, dential services for Mrs. J. E. Brotherton Mrs. J. E. Brotherton, cash Conner & Bryant Hdwe, Co., basket for grate for Mrs. J. E. Brotherton Mrs. J. E. Brotherton, cash 23 " " " " " > 17, R. A. Doughton, Commissioner of Revenue, inheritance tax J. E. Brotherton, estate 18, Mrs. J. E. Brotherton, cash 18 sgl P, Alexander, taxes 1926 18, H. S. Douglass, groceries for Mrs, J. E. Brotherton “7 ” ‘f Uo p o y j o i g Sc é 6 l ‘q ‘¢ ‘U o u a j o 1 g S7 6 l Oct. 19, Mrs. J. E, Brotherton, cash $31,00 . 19, J. A. Hartness, C.S.C. cost in Special Proceeding for sale of house and lot 114.55 20, J. A. Hartness, C.S.C. fees this settlement 2.97 Total Disbursements . .. $400.23 There was turned over to the undersigned executor by J. W. Sharpe, Comnissioner in a Special Proceeding entitled "R.E, Levan, Executor of J. E. Brotherton, deceased and Mary Brotherton vs. Margaret Ann Holcomb} a note and deed of trust executed October 4, 1927 in the sum of $825.00, said note being balance purchase price from the sale of land in the above entitled Special Proceeding. R. E,. Levan after being duly sworn deposes and says that the foregoing Annual Settlement is true and accurate to the best of his knowledge, information and belief. Sworn to and subscribed before me, Audited, examined and approved this the 20th day of October, 1927, , / ( 7 (/ Cterk Suberior Court. Br o t h e r t o n , J. E. 19 2 5 ‘q ‘¢ ‘U o u o o i g Sc é 6 l North Carolina, In the Superior Court Iredell County. Before the Clerk, In the matter of R. E, Levan, Execytor of J. E. Brotherton, deceased, in settlement made December 31st, 1928, Levan, cn note Levan, on note 4+evan on note Levan, on note Total Receipts J, W. Levan, wood City of Statesville, 1926 taxes Mrs, Mary Brotherton, cash i W " " 20 Mrs, Mary Brotherton, cash H6lland Brothers, coal’ Mrs. Mary Brotherton, cash Holland Bros. Coal Merch Mrs, Mary Brotherton, cash April + 7 . ° 10.00 April R. L, Crawley, survey and plat 7.50 May 10 Mrs. Mary Brotherton, cash 19.00 June. M, P. Alexander, county tax 1927 13.00 Mrs. Mary Brotherton, cash 11.00 “d ‘f Uo p s y j o i g Sc 6 l 1928 Contd. July 16 Mrs, Mary Brotherton, cash Aug. 6 City of "Statesville, 1927 tax Aug. 20 tuys, Mary Brotherton, cash Sept. 15 ’ Nov. 15 Nov. 20 Mills & Poston, shoes & hose Nov. 20 +redejliIce & Fuel Co. , coal ling, Mary Brotherton, cash R. E. 4evan, house rent for 14 months @10.00 per month 140,00 Total Disbursements $329.70 The undersigned executor 6 the estate of J, E. Brotherton, deceased, files the foregoing settlement showing receipts and disbursements and esks the court that the same be examined, audited and approved, All disbursements were paid out for the use and benefit and maintainance of Mrs, Mary Brotherton as prévided in the Will of J, E. Brotherton, deceased, and orders of the court heretofore made. R. E. Legwan after being duly sworn deposes and says that the foregoing settlement is true and accurate to the best of his knowledge, information and belief. Sworn to and subscribed before me, this the 16th dsy of February, 1929. a | Pd cecil lagfteiS gt UY erior Court The foregoing settlement of R. E. Levan, executor of the estate of J. E. Brotherton, deceased, has been examined and audited and the same is in all respects confirmed and epoproved, therefore let the said settlement be filed in the office of this court and be recorded. This the 16th de» of February, 1929. ~“GlerkSuperi{t Br o t h e r t o n , J. E. 19 2 5 satiety: Galle. PAINE BE dio PV ee LE tai Te. Pos me ; See ee /¢ 28 ad Pe ed ee Gil | Cock f- t% Lg tt Ba 2-// Pak i. 4k fxg Kt eee Meee 4 ae 8 | Ota. w-7F| 2 — 7 kL 2 | Baek ti! 2. 9Hh A (# Cark g-) | Oe 4-/6 ~ ey Als 3-6 Ibu Lf. S— £- Ff | @Qask a ee | y hw 4) 7— I @ Coe A Pa 27 | ole eh 7 i= oe ax es 7. 27 | Gord Sa | 2 ad. Sep Gaerne ‘” ‘f Uo p o y j o i g Sc é 6 l F/O Ler? Casnszt ( Duaeth. > | (Ges-ex o. ~, ¥ ral ¢ } On hh. Cid Je feo. <<G Ft oc as F J fo ~< c Fy // - re | coe. / Cath fo fell + Qeefon | Pe ae PJ iJ, tor (-/P 2%. fo (900 3/-/P2P 20.00 fg s | a ee Dr aed 2-2 42> a 2. 3 GG oa ‘” ‘f £ Uo p o m j o i g Sc 6 l wo © > Q a So 5 _ a Sc 6 l — i — t h e C l e r k o f b e C o u n t y o f C a r o l i n a O f K i l e d i n t h e a t t i c s o f t h e S u p e r i v r C o u r t f e r t I r e d e } c y S t a t e o f h o n p a g e — L 2 L — s a i d C o u n t y ’ B r o t h e r t o n , J . E . 19 2 5 North Carolina, In the Superior Court, e240 Iredell County. Before the Clerk. In the Matter of R. E.: Leven, Executor of J. E. Brotherton, deceased, =o CO o > R. BE. Leven, Executeor of J. E. Brotherton, deceased, files the following as his final settlement in said estate, showing disbursements, made this the 9th day of January, 1951. eee " " in full Prinicpal and Interest ~w Total ROGOLOUG oo u06 6565 6006 wee esas eee po68.7 The following disbursements were paid out to Mrs. J. E. Brotherton and for her use, benefit anc mainteinance as provi- be ded in the will of J. E. Brotherton. Cash Groceries Coal Jan, 1p. Hen Feed end Greceries 5,85 Feb, 3. Cash 5,00 Feb. 3. Hen Feed 2.50 Feb, 18. Lights 2.66 Feb. 20, Flour 1.50 Feb, 20. Groceries 50 Mar. 1. Groceries - 60 Lights ‘g f ‘u o p o y j o i g Sc 6 l “q ‘¢ ‘U o p o y o I g S7 6 l 1930 Kprit. 5. April April April May May May May June June June July July July July Aug. Aug. Auge Aug. Sept. Sept. Sept. 16. Sept. 17. Octobers,. Oct. 14. Oct, 16. Ost. Das Cash Hen Feed Lights Flour Cash Ligkts Hen Feed Meat and Lard Cash Groceries Lights Cash Chicken Feed Groceries Lights Cash Groceries Groceries Lights Groceries Hen Feed Lights Groceries Cash Shoes and Rubbers Lights Rents from Jan. 1 to Nov. 1, 1930 @ $10. per Month. R. E. Levan, Executor part commissions John L. Milholland, C. §.C. fees this settlement and the prior annual settlement 100,00 174.72 7.43 Total Disbursements.......$368.72 ‘9 ‘f f ‘u o u o y j o 1 g S7 6 l The $368.72 receipts shown in this final settlement is a balance of prin¢@ipal and interest due on the above mentioned note and the whole of seid note has been disbursed and expended for the use, benefit end meintainance of the -aid Mrs. J. E. Bretherton provided in the will of J. E, Brotherton, deceased, recorded in will Book No. 9 at pase 209 and further ordered to he Gisbursed for the use and benefit of Mrs. J. E. Brotherton by order of the court heretofore made in the above entitled special proceeding, The undersigned executcr cf the 2state of J. E, Brotherton, deceased, files the foregoing final settlement showing receipts and & disbursements and asks the Court that the same be examined, audited anc approved and ask that he be discharged as executor of said estate, All disbursements cf said estate were paid out for the eccst of the administration and for the use and maintainance of Mrs, Mary Brotherton, ss provided in the will of the said J. E. Brotherton deceased, R. E. Levan after being duly sworn deposes and says that the foregoing final settlement is true and accurate to the best of his knowledge, information end belief, CT ail Executor of J. E. Brotherton, decessed. nw Sworn to and subscribec before me, this the 9t The foregoing final settlement of R. E. Levan, executor of the estate of J. E. Brotherton, deceased, hes been eyvemined and audited and the same is in all respects approved, anc confirmed, and the said executor is hereby discharged. Therefcre let the said finel settlement be filed in the office of this court end be recorded This the 9th day of January, 1931. Spl 3 MI kal Ve erk Superior Court, Br o t h e r t o n , J. E. 19 2 5 w 5 ° or ® a ° z C, B ® a = a °M so w e r ‘u o q r e y y o u g / YZ fo C/A «4 | La A Ye! Gi hws tf 7 | a |Z a CLS y a a be tiga te ris feof OL btecetd f « 4 / ‘ hl L é \ ae alt ¢ L UT 0 OMY Gall : +e ‘ . Al Fay f c 6 ¢ Ly LV fEO) FY Kassie b by b Met Lave Rw. ao ai Yy Cy o WY, & tld Fy /, ~ “a re ¢ ¢2 = ae ¥fa ato & C) at Feared Cates (44> btu, Ay WY) SS Ao tee, a. ont Mesntle yy Gre Yh A533 i I Soatir hye Rar Cas: ee oe Sh Meh bon te A bank bel Me ae 6. C28 6.65 fiat +h uo 6. ub fats be the lhe Pay Oe f hie I oie vy OF COus Bit At2 : ee ol ; av C4 Me. Ol 4 € 4 °* M se w e r Su 0 q r l e y y o u g : a ’ ff AL My a g , 7 VA ¢¢ Ale ( Le fe ets A cH tt Vaccce Ctlle } J fest 4 LE ) ee , a 1 Ab i ‘ 7 wf A t/ ie a if , f Y, : AW (lt r hy E Malla) leq “ r vr Q Ld tl Abbi LL? | $- ¢ tics © Mn. 4 ‘Us O44, ahs f ‘eis ; PA a L LL SF CC 6+ 2 a LL, C7 LEY KY j : a Mei ihirhs5f cific an ac bChlah k Gtk AL M1 An a 4 ZL , 5 A LL CL0 UV Mand?! ¢ Mabe MR ea , CLOF2 Lz ce. , Cocecry Coc Br o t h e r t o n , Ja m e s W. Br o t h e r t o n , Ja m e s W. ~ ly ‘ , . : y Sc a n ea n Dc Ns I IN N S NO I AA I a EE Br o t h e r t o n , Ja m e s W. *m M se w e r *u 0 I T E e Y y OU g North Carolina Superior Court Iredell County W.I.Brotherson & sarah Brotherton Vs John E. Brother&on, minor heir of James W. Brotherton. L.C.Caldwell, appointed guardian ad litem for the mino child, John KE. Rrotherton comes into to Court and files the following answer to the proceeding in this cause and says; That he admits the allegations contained in the first (aragraph of the com plaint. 2---That he admits the allegations in second paragraph of complaint 3--- That said John K.Brotherton is a minor as alleged. 4---That he joins in the petition as prayed for and asks the Court only to protect his interest as the Court may see ;roper to do. Having fully answered, asks that he go without day and recover cost. LZ C Cahrne hy or Fi a 4 See fr r a e e ee OF . ; if 3 a. Br o t h e r t o n , Ja m e s W. °M so w e r Su o q r e y y o u g Petition fo: Order te Sell‘Personal Property for Cash.—Printed snd for Sale at Tue LANDMARK Jos OFFICE, Statesville, N.C.—1-31-'98.500 State of North Carolina, | > IN THE SUPERIOR COURT, tg . Lleasca Qt. Mt bel Wide eo. Mi Bd. Ex Parte Petition of... A... Moh. Chet -nsusitcet Deals We ae ee: fle LtbAe 1 hie he Md “hb Res ise cee deceased, showeth that: {é, That it would best subserve the interests of the Aha. he. Ch tale. ) ‘ty , Z i i yee PN i es and“creditors of the estate of said Sa veee hAthatii. dic MGM AM MM KR writ sell the personal property belonging to said estate for cash, because said property would sell for about the same in cash as on a eredit of six months, and because moreover the majority of the bidders at any proposed sale will probably be unable to give solvent bonds. vs Pei Eis sa ae State of North Carolina, | + p IN THE SUPERIOR COURT. ze eveurainy GF BN as Severs ose COUNEY. It appearing a A. ae LEME. CLE Y, Coa chev esate MMA é has filed in this office a petition showing reasons satisfactory to the Court for selling the personal property belonging to the estate of the said deceased, for cash: e It is Ordered and Adjudged, That the said......: “wz bane toe "Pte siiaaceue ee of....4.: he. Kh. A. dG hdl MASLAMMAEME 000, , deceased, shall have license to sell said property to the highest bidder, for eash, “after twenty days’ notification posted at the Court House and four other public places in...&/ County,’ subject however to the confirma- tion of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion, of the sale of any article of personal property “on account of the insufficiency of the amount bid.” It is Furtber Ordered, That said — Clerk Superior Court. Br o t h e r t o n , Ja m e s W. — gf } Hl KE L P e PE T I T I O N FO R LI C E N S E TO SE L L PE R S O N A L PR O P E R T Y FO R CA S H , Wi t h Or d e r of Co u r t . In th e Su p e r i o r Co u r t of Dt il if f en s . Co u n t y . , 18 9 , *M se w e r Su c JI e y y o u g Y; C0 Ca Me vtce: 7d. fecidte \G oc Miviirt h. Pit think, Chandiiies | | , . Ye Pull Leck tee he eete boscse he 4 The Autuw O¢ CS IZ Sieg se tt ee Ores Pg ov nent Athen hhigieg oe Atk co of the Orth bee i ee ae One} Lf a Y Yu blaze aAcet “en 4 C14 4 hl Arect bei Cie. A Cece hb eropeet | Moved? whe fe me tl ge "A bhi Ll Z Lez 4 geal dha Le ll tect tr hetes i Lhe, My A tA Bae 0 ee ele ae TP Pa Ob Lachidt a tific. Rie WM Lathe tux Chew <a i a ley bax ey La. wu Chu u Cri. 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Of A: jy Vi Yf a , Yr Qh 419 Athuer w 3 ° ct = @ ° 3 “ Cc, 5 o a = e fl 4 * i ge Wt Lavette ty Lely Lhe : iw Gel Ethene fre Mi C eluent bal “st ae C: flan tle ty ea Me, eel, hid the LL thar » Athakic 6 kee > ttlt, tle Cee Che Lew bn glee Qutur. GAluaetle \Mienenl +f L ttee. flows eck Mv JD Aty phi [9 i Aa WorCilep bd6 Br o t h e r t o n , Ja m e s W. 23 TF we f Pe r e s FI O M Wr y po d s ud ne e wy po w ? 0 me e Py 29 - Lf fr a g M9 ee a0 gy r e ” © py r o ’ 9 yp e GT ha y TI Y O Y ' V Y A * = 7e n a e y cm e = oe “Y 2? 7 oe it i 8 3 vr m r e r y yp PO M , TT de e TS ye ca m a ik CM P GY TR Y P2 0 °M so w e r Su o .r I e y u q o u g Wtl2 cw C oh | ChIL cK, ath creto He | Mee gFEDEet Ki? ' Bate Ly Ca Minus x VG te peg ye ae itler€ of aA Sf Led WZ lH Ot the : bee eis wey tse f be elt hana <A 3 “> (bflaler | ao es = oo uw b. HUEY. | j frotes If oe Bee bid va te be hae ee Mwle /_ hint db f-éE, ft fete lra Mitta, ‘< “E27 eoheae dk St CAM O2f 0 ec hrs Af Le o Pai are ee — Gel Zeer be Jon of, ’ oes %, D pee vo y ff / ae J ‘ Be Atte gs (nth AtKy AS A UL J) fb ak as LT t “- theo Asfelen 0 Mag cece ies Whe iL L ¢ 2? OF ee bubteicée Mes VA, biz a beeee< SA IlA V6 Gate Co we (BAT chives tb. eae hj Yas tino a a ee de ticle br Lei Aa07H a3 fast Feng Bas Qn Hn, L/8- Glace 4.93 ~6, lod foatee 4 At Mossel Gr Gale Lele - en Uy, A- 7 Marer® ¢ Ate he — Lhd bitin. ba ge dei eg JOM e Plare fr ee, hii 0 2g — eee pale Ye. ee Tee bigs } ain ee OS og, | ie Pes F adele as o Wf Adios Yt4, x a eeeers (et? be CA “m M so w e r Su 0 q r e y y o u g — LYE a shes, ae SAS 2 / LK, hi hie hFe ater 157 ‘ an a Y Y) (Y%. 9. fp JV « / ¢ CAL qt LtA Z L/ ¥ w "3 ° ct sx @ o ° = se CH é a = * to 5 ads eae — C444 ce Ce. lela Skis A. ie < Oho ob tite Yis7 0 Ade ees Oa of neh, oe Te. a 7 J ta t e ©. AA M d t l i e t r t e . Br o t h e r t o n , Ja m e s W. B r o t h e r t o n ; Ja m e s W . Br o t h e r t o n , Ja m e s W. BILL OF COST.--Printed and for sale by The Mascot Printing Co., Statesville, N. C. Summons Docket and Index . . North @arolina, Sredelt County. THE SUPER CUR = Petition, ete... . J. A. Hartness, C. 8S. C javjt and ordgr of eer. e A ationfn Bmp +n Ad. Litem. . os noe ‘en “y m se w e r 60 qe yO d e of publi Answerof Guar, Ad. Litem .. . DP sherift retutms,....... . Motions and Orders .f<.. Affidavits... .. Order of Sale Ppt meno: » Report of sale... . wf ; ee I OE eh Cc LLIN . . . Order of re-sale . Report of re-sale Order of partition Report of Commissioners. . . . . Judgment Docket and Index Order of registration .. . Acknowledgment to deed. . . Bi . Copy Sheets | Motion and order of dower . a _— of Dower Report of Commissioners 4 Wh : SA A N ' 4 b e e s ei 5 ae u a s BI L L OF CO S T S . Se e ) Pr e Oe ig sy 9s co o en 2G cs : Br o t h e r t o n , Ja m e s W. ey e UO L O Y I O I g 00 6 1 Petition fo: Order to Sell Personal Property for Cash.—Printed nnd for Sale at Tue LANDMARK Jos OFFICE, Statesville, N. Cc C.—1. 31-98. 500 State of North Carolina, ) _ > IN THE SUPERIOR COURT. eae ac gn de tS, Lea aRS T J : That it would best subserve the interests of the 0.00 Uae cess FORO Orem eee nnceeeeeareeseenee SAO e ee tee ee wee nsenee OKs Chi. ctu PSs MN UI ads is iva css. Suvcs Sindee usu aabacsvs and creditors of the estate of said 4s ; eee ‘ Auk aii’ L dhs. da tlesdleie.... sell the personal property belonging to said estate for cash, because said property would sell for about the same in cash as on a credit of six mouths, and because moreover the majority of the bidders at any proposed sale will probably be unable to give solvent bonds. 4 Subscribed and sworn to before me this..4............ da OUR IDR. State of North Carolina, | > IN THE SUPERIOR COURT, OE AY, SO. ins © aioe © sin A AIO gga County. J Ex Parte. It appearing that.£Z.....bt LMA 2 he khbr LE OI Bet RO on iaive eee has filed in this office a petition showing reasons satisfactory to the Court for selling the personal property belonging to the estate of the said deceased, for cash: It is Ordered and Adjudged, That the said... eee eee eee eer COUT eee e eee eden s weer tees Heeb atte ese ee ee eee es eeseeseeteesseees , deceased, shall have license to sell said property te the highest bidder, for cash, “after twenty days’ notification posted at the Court House and four other public places in. @4..440.a A een County,” subject however to the confirma- tion of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion of the sale of any article of personal property “on account of the insufficiency of the amount bid.”’ It is Furtber Ordered, That said to this Court. WEB icess Faveaveuss day of Clerk Superior = , PE T I T I O N FO R LI C E N S E T0 SE L L PE R S O N A L PR O P E R T Y FO R CA S H , Wi t h Or d e r of Co u r t . In th e Su p e r i o r Co u r t of Co u n t y . , 1 8 9 Br o t h e r t o n , Ma r t h a 19 0 0 w ° fe a7) o -~ ° F —N p& =a o se 79 6 1 i’ eles FOR LETTERS ocean IN THE MATTER OF THE WILL OF IREDELL COUNTY :—IN THE SUPERIOR COURT Sadie Te Brotherton Before Ce Ge Smith C.S.C. _ Aaron Brotherton & William Erotherton _ being duly sworn, doth say: That____ Sadie T, Protherton late of said County, is dead, having died on the —_L at _.£™ day of _™_Ostoeber , 19.$4_, having first made and published __her _ ast. Will and Testament and that_ Aaron Brotherton & William Brotherton jg the executor named therein. Further, That the property of the said Sadie T,. Brotherton consisting of Real Estate $____.._._. and Personal Property $______._____ so far as can be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS Aaron Brotherton son Rte 1, Mooresville, N.C William Brotherton son Rox 182, Cornelius,NC Marie Brotherton Moore daughter Box 182° Cornelius,NC Florenee Brotlte rton Thompsen daught er Mooresville, Ne Ce Alton Brotherton son Fox 1115,University,Ala Levi Brotherton, Jr. son Marion, N. C. Macie Brotherton Leonard daughter Cornelius, NC,Box 182 Harold Erotherton son Rtel Mooresville, ms Ce Carold Brotherton son Rt. 1 ,Mooresville, N eCe Dillon Brotherton son Rte 2,Mooresville,N.C. Yvonne Brotherton Stutts daughter Rte ae ae ele ) wy are the parties entitled under said Will to the said property. Lk Ate / E. 4 ors On Beecutor Sworn to ant subscribed before me this _6th day ned , Hoore Syiite Z _19 Will Uf a Epbtter ez a: ee 7 Executor _ LEAL Bex Superior Court. atten Eon XE 25 ¢ > Se eee OATH OF EXECUTOR STATE OF NORTH CAROLINA IREDELL COUNTY SS.—IN THE SUPERIOR COURT. ‘ Brotherton 1, _Aaron Brotherton & William / do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of Sadie T. Brotherton i eee 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 extend, or the law will charge me, and all other duties — to eo office of 7. I will discharge according to law, to the best of my skill and ability. So help Gila Subscribed and Sworn to before me this Oth _ eo eo.» WH Bre __Execut_or Cac. William Bro Deki xecutor Br o t h e r t o n , Sa d i e T. 19 6 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 Fo r m A- 1 0 4 (R e v . 2/ 5 6 ) RE P O R T OF CL E R K OF SU P E R I O R CO U R T "P P LE J NA M E OF ES T A T E ~ w az NA M E OF RE P R E S E N T A T I V E La At a os AD D R E S S NA M E OF AT T O R N E Y if (a i f i Li c h t 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 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 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 r th e fa i l u r e to fi l e th e s e re p o r t s . L 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 Ba n k de p o s i t s Ba n k de p o s i t s Na m e of Ba n k St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e 1 Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e '3 va l u e ) _- - - _ - ~ Co s Ba i n e s a ee n 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 Re a l Es t a t e lo c a t e d ou t s i d e N. C. TO T A L AP P R O X I M A T E VA L U E OF DO NO T US E TH I S SP A C E Th i s re p g @ f t £ o V e x ® th e qu a l i f i c a t i o n s « + ga m ab o v e na m e d A‘ ni n i s t r a t o r or cu t e r in th e 7 he ; mo n t h i 6 - am e A iP a Da t e _ 47 tf LZ 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 ( ) Ex e c u t o r s h i p (j t Br o t h e r t o n , Sa d i e T. 19 6 4 @ o o > @ a ° F n p foe o _ 96 1 NORTH CAROLINA IREDELL COUNTY In the Matter of IN THE SUPERIOR COURT William W. Brotherton and FINAL ACCOUNT Aaron Brotherton, Executors of Mrs. Sadie T. Brotherton To the Honorable, the Clerk of Superior Court of Iredell County: The undersigned, William W. Brotherton and Aaron Brotherton, res- pectfully show unto the Court: ie That the undersigned were on the 6th day of October, 1964, duly appointed by this Court as Executors of Sadie T. Brotherton, deceased, that they duly qualified and are now acting as such Executors. II. That having fully administered said estate, they hereby file with the Court this their final account as follows: RECEIPTS: From Sadie T. Brotherton Mooresville, N. C. Collected from Various Parties Farmer's Cooperative Exchange, Inc. Raleigh, N. C. Various Creditors Various Purchasers Henry Alton Brotherton and Ray Stafford Barbara Hager Various Parties Various Parties Aaron Brotherton Perry Lee Benfield Beam & McKnight Agency Mooresville, N. C. For Cash on hand at death Received on accounts receivable at Service Station F. C. X. Stock sold Received on accounts receivable Store Fixtures sold Sale of six cows and six calves Sale of dresser and bed Collections on Accounts Collections on Accounts Loan to estate Sale of stove Refund on fire insurance policy Amount $ 163.12 190,19 44.00 222.78 870.00 25.00 23.00 21.00 30.00 25.00 35.36 RECEIPTS: (continued) From Aaron C. Brotherton William W. Brotherton Marie Brotherton Moore Henry Alton Brotherton Florine Brotherton Thompson Leevie Brotherton Tay Dillion Brotherton Macie Brotherton Leonard Harold Brotherton Carold Brotherton Amount advanced to avoid Yvonne Brotherton Stutts Judicial Sale of real estate 11,461.58 TOTAL RECEIVED AND TO BE ACCOUNTED FOR $13,361.03 DISBURSEMENTS: Date Paid To For 10/9/64 Mooresville Tribune Notice to Creditors Mooresville, N. C. 10/14/64 N. C. Dept. of Revenue N. C. Sales Tax Raleigh, N. Cc. 11/2/64 Farmer's Cooperative Bond on F. C. X. Stock Exchange Mooresville, N. Cc. w = ° - S @ a ° P & 2 oO o 12/29/64 Iredell County Tax Iredell County Tax Collector Statesville, N. Cc. 96 1 1/2/65 Mooresville Granite Grave Marker Company Mooresville, N. C. 73.85 1/2/65 Thomas & Howard Groceries Charl otte, N. C. 44.13 1/2/65 Lowrance Hospital Hospital Bill Mooresville, N. C. 250.00 1/15/65 Mooresville Oil Co. Oil Bill Mooresville, N. C. 44.27 1/20/65 Duke Power Co. Power Account Mooresville, N. C. 15.51 2/13/65 Westmoreland House Appraisal Mooresville, N. C. 25.00 3/18/65 Cavin Funeral Home Funeral Expenses Mooresville, N. C. 1,000.00 3/20/65 Duke Power Co. Power Account Mooresville, N. C. 9.68 3/29/65 Lowrance Hospital Hospital Bill Mooresville, N. C. 100.00 4/22/65 Duke Power Co. Power Account Mooresville, N. C. 7.74 10/30/65 N. C. Dept. of Revenue Inheritance Tax Raleigh, N. C. 86.39 DISBURSEMENTS: (continued) Date 10/14/65 1/5/67 2/1/67 2/1/67 2/1/67 2/1/67 2/1/67 2/1/67 Paid To The First National Bank Mooresville, N. C, Linker's, Inc. Mooresville, N. Cc, For Bank Service Charge 38 Pipe fittings and labor 10.06 Henry Alton Brotherton Account Payable Huntsville, Alabama 1,275.00 Joe R. Stutts and wife Account Payable Yvonne B. Stutts Mooresville, N. C. Cavin Funeral Home Mooresville, N. C, Dr. G. W. Taylor Mooresville, N. C. Aaron Brotherton Mooresville, N. Cc, Aaron Brotherton Balance of Funeral Expenses Balance of Medical Expenses Repayment for balance of hospital account paid by Aaron Brotherton Reimbursement of the fol- Mooresville, N. C. lowing items advanced by him with reference to sale of house and maintaining house: Duke Power Co.- Power Acct. $87.61 Beam & McKnight-~-Fire Ins. 37.76 Statesville Daily Record & Landmark-Advertising pro- perty 6.20 Charlotte Observer-Advertis- ing Property 37.80 Mecklenburg Gazette-Advertis- ing Property 1.00 Mooresville Tribune-Advertis- ing Property 2.76 Mooresville Oil Co.-Oi1 due for house 47.74 Linker's, Inc.-Repair Bill 8.35 Repayment of Loan for Inheri- tance tax 30.00 Duke Power Co.-Power Bill 3.30 Duke Power Co.-Power Bill - 80 TOTAL 263.32 @ © > @ a ° F re o = 79 6 1 Citizens Savings and Repayment of Balance Loan Association due on loan Mooresville, N. C. 8,124.21 2/1/67 William W. Brotherton Executors Commission and Aaron Brotherton Mooresville, N. C. 500.00 Neel & Randall Attorneys Mooresville, N. C. Attorney fee for estate Clerk of Superior Court Statesville, N. Cc. 37.10 Court Costs TOTAL DISBURSED AND ACCOUNTED FOR $13,361.03 —_—_ w 3 ° a _ @Q a ° F S fe oO " y9 6 l That the undersigned sold all personal property of the deceased and collected all accounts owed to the deceased as best they were able to do. That the children and heirs at law of Sadie T. Brotherton advanced necessary funds to pay all debts of the deceased and close out the estate in order to avoid a judicial sale of any real estate. IIl. That the undersigned have paid all debts of the deceased presented to them or of which they had knowledge, paid all North Carolina Inheri- tance taxes and all costs of administration. AND, NOW, having fully administered said estate, they pray the Court that this their final account be audited and approved and that they be discharged as Executors. This Y%%* day of February , 1967. } ad = ) ke ; oe , W betes We ateltiir William W. Brotherton Me ad ia eee fe V4 Lty) L fo Get sit OF \ Aaron Brotherton, Executors of Sadie T. Brotherton, Deceased NORTH CAROLINA IREDELL COUNTY William W. Brotherton and Aaron Brotherton, having been first duly sworn, depose and say: That they have read the foregoing final account and that the same is a true, proper, accurate and complete statement of all their dealings and transactions and all of the money and effects received and paid out by them as Executors of the Estate of Sadie T. Brotherton. fz aa emube William W. Brotherton i os Vy . A422 (Y, Tae Mee L? Oe Aaron Brotherton, Executors of Sadie T. Brotherton, Deceased Subscribed and sworn to before me, this Z day of > a > 1967. “L o1 p e s ‘u o p l o y j o 1 g Zz VA aK Lf Notary Public My Commission Expires: S./7-4/ 96 1 NORTH CAROLINA IREDELL COUNTY The final report of William W. Brotherton and Aaron Brotherton, Exe- cutors of Sadie T. Brotherton, deceased, has this date been examined, audited and appyoved, filed and ordered recorded. ie 1964 Lh bik Clerk of Superior Court © This day of