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HomeMy WebLinkAboutEstate Records 1790-1970, Caton-Cavin, Lovina OQ om rt 0 5 us y d s is Vk P > : ? ' oo , ; - 4 i eo € 4 if -y f J \ Z ; oe i i - Js 2, (A “tne Ss - iy mt mays ff Cc Zz | ‘ett pti ee ee GLa c Con eRe Date a FCC 4 7 | a “a * Aavrs 07? £ yeas br ee, Sma: 2 cated J (iA ba Oe Le Neto, Nf Zen? (“Git & es Ct héjpn JA Fite wit Lyall 2/B deeb, separ pete | Halles. CKO vhs, 2 a tl pari Mitts, t bitlen a Se a Bon Act 4 Beach Bert ,47 Lecvtir Gishes ‘x seem (er aes Seg EET etd 2 dirorg pi Org ZRF | Da nedid3. L feck hope, f Sad Gon. [3cor, Pah deeb oe — Qypht, bo tbs 220 Aut0rs, oa ‘egek oe OZ, none ef. Y buffer’ Dull. 1 Faded pape 4 mp ; a bial sec 4 JG Z. oa oes 1 COf ¢ fae! : pf i partis. pj fpf “43 a tors ; ~< (het Gur, Fong A ae ove Yon wits ei ae. As laPe-c% Le (Birres 2 Sider}, b pl? 2 BO g ff aes, apes br the bade > Virol BOD hte, § a f et Foe COA rere? C7 GC ee ah D408 ae. — a ae ger Lipa PrC% Ath hvsels hol Ades fo whan YY x Se 4 0h - ep ] ‘U I A R D ud T | q “U I A R D APPLICATION FOR ee ial -P. rinted and for sale by _Brady Printin o., Statesville, N. C. APPLICATION FOR LETTERS TEST \MEMTARY IRE DE LL COUNTY: —IN THE | Susie Cain, IN tHE MArrer OF THE WILL OF — 4 af Before JOHN L. MILHOLLAND, C. S. C. being duly sworn, doth say: I died icth & Ann Cav iat late a said County, is eed having died on the * 193.L.., having first made and published Pw last Will and Testa- is the executor named therein. nsisting of ‘i Real Estate $.....2 .., SO far as can be ascertained at the date of this ap- plication ; and that NAME ADDRESS are the parties entitled under said Will to the said property Sworn to and subscribed before me this »Clerk Superior Court. Address OATH OF EXECUTOR STATE OF NORTH CAROLINA SS.—In the Superior Court. County ne (lo solemnly swear that I believe this paper writing to be . ye I } W) . 2 a : oo contain the last Will and Testament of * .. len Jevin > Ann Cavin that I will well and truly execute the same by first paying his de bts and then his legae tend, or the law will charge me, and all other duties pertaining to the office of Executor | will discharge according to law, to the best of my skill and ability. So help me God. Subscribed and sworn to before me this.........‘ W salar den Teen day Of ....... Fi l e d in th e Of f ce ef th e Cl e r k of {h e Su p e r i o r Co u r ; io r th e Co u n t y of j — Ca v i n , An n Ca v i n , El l e n Ca v i n , Id a 19 3 7 Ud y UL A R . ) NORTH CAROLINA, IREDELL COUNTY. We, M, Ida ("Addie"( Cevin, Ellen Cavin and Ann Cavin, the three Sisters of the late Hohn Y, Cevin, deceased, being of sound mind, but considering the uncerteinty of our carthly existence, do severly and jointly make ‘nd declare this our last i111 and Testament; FIRST, Our Executor, herein after nauwed, shall see to ti that each of our bodies be given a decent burial, suitable to the wishes of our fricnds and relatives, Said Executor to settle for any and all expenses over and &bove the amounts that might be assumed by any other friend or reletive, and he to further settle all just debts out of the first moneys which may come into his hands belonging to our estate. Second, ie give end devise to Jimmie Mills & Wife, Mimnie Mills, Five (5) Acres of lend; to be surveyed off our lend adjoining the J. B. Lippard Tract, eni to run up the right side of Quarter branch with the Lippard line fer enough to get the Five Acres, in fee simple. THIRD. we give and devise to Lem Brown and wife, Frences Brown, Ten Acres of land; to be surveyed off our lend slong the Lippard line, beginn'ng on the 5-Acre Trect of Jimmie Mills & ij ife, Minnie (as mentioned above), and thence running on up seid Branch and the Lipperd line far enough to get TEN Acres, in fee simple, FOURTH. we give and bequeeth to Clarrow Cevin One whole Bed- Stead and a FIFTH. ve give snd bequeath for \elter teddington to have the Two Meles- "Nell" and "Mebel", and whet ever cows he wants, SIXTH, We sive and devise to \jalter Weddington in fee simple all what land remains, beloneing to our estate, efter the above named two tracts of 15-ecres is cut off, if he steys with us, and takes the proper care with necessary support for all of us three during the Bemainéer of our life, including medicine & Doctor bills. He, also, to furnish One Monument for sll three ~raves of us, Now if Welter li. fails to fully comply “ith above requests of us by orriny for us here in our old home, tuen we do not leave him enythi.g; but if he keeps us like as stated above, we wont him to heve everything, as stated above, just like it is. SEV NTH, walter ., to see thet wach one gets the picture he wents, thet we went them to have, Vallie cen heave one bed. E, D. Cavin cen have one bed, and his picture, walter Ww, to have all the rest of the House hold & Kitchen furniture end F,rming tools. slter \. &® to heve all the money belonging to our Estate efter our death. This Will to be executed upon death of last Testator. EIGHTH. lie, the undersigned Tedators, do hereby appoint welter Weddington as our lawful Executor, to execute this our last will and Testament, according to the true intent and meening of the same--hereby utterly void any other wills that mey heve been heretofore made by any of us. In witness whereof, we, M. Ida Cavin, Ellen Cevin end Ann Cavin (three Sisters), do hereunto set our hands and seals, this 26th day of November, 1936. her M.Ide ("Addie") KE Cavin her mark Ellen X Cavin » merk gt Cevin mark Ann Signed, sealed, published and declared by the seld Ann Civin, M. Ida Cavin, Ellen Cavin to be their lest Will and Testement in the presence of us, who et their request and in their presence, do subscribe our names @s witnesses thereto, 1. Kiiliamson Witnesses; io Le Mills ep ] ‘U I A R D ud T ] q ‘U I A R D uu y ‘U I A R S WAL"ERP EDDING™OY, EXECUTOR, Route # ] Troutman, North Carolina. MY. Ida Cavin, Ellen Cavin and Ann Cavin, under JOLAt will. Y¥. “da Cavin died Varch 18th.,1937, Ellen Cavin died VYarch léth.,1937, Ann Cavin died March iSth.,1937, TO HON. C. G. Srit CLARK OF SUPRI C RT IREDELL COUNTY, N.C, Walter feddington, Executor of the joint will of Me Ida Cavin, Ellen Cavin end Ann Cavin, all aeceased, respectfully returns ang shows upon oath, that the followings is a just, true, come plete and perfect inventory of the estimated value of the Said estates at the time of death, of all and Sinrular, the foods and Chettels, rischts ang Cerdits,/torethner with all other per- sonkel property of Cvery description telon-ine to the estate of said GCeceased persons uncer their joint will, late of Tredell County, which has Cowe into the hands of the said representa tive. Said Executor, further shows as helow, end at its estimated, all real estate of which the Geceased maxmxga were Seized at their Gqeaths, as ascertained from a careful Search of the public ree Cordags of euch County in which, © the test Anowledre, information and belief of saia Executor, the deceased parties Owned at their death. Said Bxecutor further avers thet he does not know of any error Or omission in this inventory that may prejudice the interest of any creditor or other interested party. Said Executor, further avers that he csused to be putlished the Lerdmark « notice to creditors as required ty law. CASH IN BaNKs AT HOYE - In "Olde AT HOVE -« In silver- Us Ss Gov't conversation check our mules @ $100.00 Pour sets gear Four pies Three thousend 4 ine pi Shin -les- home made "our milk Cows Thirty five chic Seven Guinies truce and ten bits augers axes iron wedges cotton baskets handle tasket paic sycle rinder rope and tlock Wire stretcher vheat cleaner or grader trellows anvil vice Cne svniri level Cne clover seeder Pour one btushel terry crutes lart terry Bp ] ‘u I A R D Us | [q “U I A R ) uu y ‘U I A R D Le 6 l ep ] “u l A e D ud y [ q “u l A R D uu y ‘U I A R D Le 6 l One Tw oO One Two 900 erain or seed fork pitch forks grain or seed scoop iron doutle and sincel tree sets feet inch rough pine board Miscellaneous cut lumber One One feed cutter rrind stone Twenty one ten foot pleces metal roofine Siz rolls tart wire bees root step ladder foot plain ladder eusno hebs corn hels hels Crimson clover e namumer > Nanmer Siceaee Ne.mer mn. wo My ° One 7 woO Two shop hammers Claw hammers Shinvle hatchet pair shop tones larte iron squares small iron square hand sew adzZ ep ] “U I A R D ud T ] q “u l A R D uu y ‘U I A R D Lt 6 l Champion mowing machine Johnson hay rake 1922 model Pofrd Touring car 1917 model Ford for pulling wood saw shingle saw frame four inch belt cut off saw and frame sincle turty and harness gdouble Oliver turning plows Sinvle Oliver turning plow Two sincle turning plows One disk harrow One drag harrow One grain drill One rrain binder Two grain cradles Three btriar scythes One two horse wa-on Three steel king cultivators One glove cultivator Three side harrows Ten hoes Three single plow stocks TeB wooden si:rle trees wo wooden team doutle foot plows One Iron beam double plow One = one row oat sower One guano distritutor One corn planter One cotton planter One home mace terrace drag Two farm shovels personal property $3,908.36 aan tand-vualue $5,700.00 Executor Ann Cavin. Sworn to and sutscrited tefrore me, Slet. Gay ot Mar ch, 195@. Sheed’ a LLEEAL 7 oe \~ Yi | C4 (ft d a ’ 7 A 4 o - C-) Fs) < 5" e > ‘> 3 & © = <= FS > a 5 3 Le 6 l ~@ | NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk In the Matter of the Administra- tion of the Estates of M. Ida Cavin, FINAL SETTLEMENT Ellen Cavin and Ann Cavin, Deceased. NOW COMES Walter Weddington, Executor of the Estates of M. Ida Cavin, Ellen Cavin and Ann Cavin, and after being duly sworn deposes and says that the following is a just, true, perfect and complete report of all transactions had by him in the aforesaid Estate, and files the following report as his final set- tlement: Re ¢ei pts 1. Cash on hand $ 65.00 2. Conservation check from United States Government hades 3. Money on deposit in Merchants & Farmers Bank 500 .00 4. Advanced by Walter Weddington 2800.64 5. Advanced by Mr. and Mrs. J. W. Mills for inheritance tax on 5 acres devised to them §.75 Advanced by Mr. and Mrs. W. L. Brown for inheritance tax on 10 acres devised to them 11.50 Total Receipts $3425 .00 Dl epbyv va en en ts Cavin Funeral Home, funeral expenses $ 838.35 C.G.Smith, C.S.C., Letters & probating Wil] 5.70 Carolina Marble & Granite Co., monument 400.00 Dr. J. S. Talley, medical services 20.00 Troutman Drug Store, medicines 2.79 F. J. Alley, fertilizer for 1936 85.15 Wagner Hardware Co., hardware 1.03 Statesville Steam Laundry, laundry 7.83 The Landmark, Notice to Creditors 2.50 - C.G.Smith, C.S.C., filing inventory 1.35 Duke Power Company, electric power 1.40 F, W. Wagoner, sawing wood 1.00 C. D. Moss, Attorney 25.00 . C.G.Smith, C.S.C., Court costs and bond in con- struing Will of John Cavin 64.15 C.G.Smith, C.S.C., Court costs in special proceeding perfecting title 174.25 Mrs. Mandy Weddington, for personal services 1000.00 . A. J. Maxwell, Commissioner of Revenue, inheri- tance tax 256.22 . Adams, Dearman & Winberry, Attorneys 200.00 . A. J. Maxwell, Commissioner of Revenue, intangi- ble tax left in M. & F. Bank 18 . ©.G.Smith, C.S.C., fee for filing this settlement 12.17 O Or n N o u r W N D - E Total Disbursements $3099.07 ep ] ‘U I A R D ud | ] q “U I A R D Bp ] “U I A R ) ud ] ] q “U u l A R D uu y “U L A R Lt 6 l Total Receipts Brought Forward $3425.00 Total Disbursements Brought Forward $3099 .07 Walter Weddington, 5% commission on Receipts 171.07 Walter Weddington, 5% commission on Disbursements 154.86 Total $3425.00 $3425.00 Balance 0.00 That Notice to Creditors was published in the Landmark once a week for ix weeks, the first publication being on 29 March, 1937, and all debts which have been filed, or of which the Executor had any knowledge, have been paid in PRil. That Walter Weddington faithfully complied with all the conditions and requirements under the Will of M. Ida Cavin, Ellen Cavin and Ann Cavin, and he is now in possession of the real estate therein devised to him, and also the per- sonal property, the Will being recorded in Will Book ll, page 140, in the office of the Clerk of the Superior Court of Iredell County. That the personal property devised to other devisees named in the Will was delivered to them, and each one was given an opportunity to get the pictures they wanted. All of the money, stock, tools, etc., and all personal property not specifically devised to other devisees, was devised to Walter Weddington and he is now in possession of them. Under the Will of M. Ida Cavin, Ellen Cavin and Ann Cavin recorded in Will Book 11, page 140, Jimmie Mills and wife, Minnie Mills, were devised five acres of land, and Lem Brown and wife, Frances Brown, were devised ten acres. This land has been surveyed off as directed in the Will, and a description of the same will be found in Paragraphs 16 and 17 in the special proceeding entit- led "Walter Weddington and wife, vs. E. D. Cavin, et al", recorded in Minute Book 24, page 504. The plat in Plat Book 3, page 24, also shows this land in the Southwest corner thereof. It was necessary to bring an action to have the Will of John Cavin, which is recorded in Book 6, page 268, construed, and the declaratory judgment entered in this action at the November Term, 1939, Iredell County Superior Court is recorded in Minute Docket 25, page 193. It was found that the heirs of Mary Gavin and Jane Cavin, who died intestate, had an undivided interest in a small piece of land. A special pro- ceeding entitled, "Walter Weddington and wife, vs. E. D. Cavin, et al" was brought for the purpose of selling this land, and the same is recorded in Min- ute Docket 24, at page 504. In the aforesaid special proceeding, will also be found the following: 1. In Paragraph 14, a description of the land devised to John Y. Cavin by the Will of John Cavin recorded in Will Book 6, page 268. In Paragraph 15, a description of the land devised to Lafayette Cavin by the Will of John Cavin recorded in Will Book 6, page 268. In Paragraph 16, a description of the land devised to Jimmie Mills and wife, Minnie Mills, by the Will of M. Ida Cavin, Ellen Cavin and Ann Cavin recorded in Will Book 11, page 140. ep ] “U I A R D ud ] [ q ‘u l A R ) In Paragraph 17, a description of the land devised to W. L. Brown and wife, Frances Brown, by the Will of M. Ida Cavin, Ellen Cavin and Ann Cavin, record- ed in Will Book 11, page 140. In Plat Book 3, page 24, Iredell County Registry, will be found a plat of the land which was devised to Walter Weddington by the Will of M. Ida Cavin, Ellen Cavin and Ann Cavin, recorded in Will Book 11, page 140. The tract of land shown on this plat also contains the land which was conveyed to Walter Weddington by the Deed of C. B. Winberry, Commissioner, recorded in Book 140, page 326, Iredell County Registry. It will be noted that this plat con- tains within its outside boundaries the following land which Walter Weddington does not own: Five acres devised to Jimmie Mills and wife. Ten acres devised to Mr. and Mrs. W. L. Brown. Twenty-four and one-tenth acres under the name of Mrs. J. P. Cavin, which is a part of the land de- vised to Lafayette Cavin. A two acre tract owned by Mrs. W. L. Brown and Mrs. J. P. Cavin, which is a part of the land devised to Lafayette Cavin. Two or three acres belonging to Perth Church which surround the church building. All of the other land shown on the aforesaid plat is owned by Walter Wedding- ton. WHEREFORE, The undersigned Executor prays that the foregoing be accepted as his final settlement, and that the same be audited, approved and recorded. Respectfully submitted, this / - day of November, 1940. ben OG 4 US 2d bles 1-y Lome Executor of M. Ida Cavin, Ellen /) Cavin and Ann Cavin. Subscribed and sworn to before me, this the /V day of November, 1940. Notary Public. My comnission expires: Marek 16/51. The foregoing final settlement of Walter Weddington, Executor of the Estates of M. Ida Cavin, Ellen Cavin and Ann Cavin, has been audited, examined and approved, and is ordered recorded. This the IT ws of November, 1940. -— 2 oleh W vag fe ~~ oe = nee) othe +5 ak Y ee ne —-_ on better. Fe Ce ee ee a oe i. oe eS ” hi . + es ty Ctl < Cag aT me of Soswae Sables heck a? 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VO eben ade he Fy BE bares wf J3 334 —— ae ee mee oo o 4, sil ” pad sia sae aeofl al ‘ 7 Dantes waislii A, ie eae dealt. or hi alone - dw gd he ci tlle? as ee, Ae Me hee : “ Te o— ne f a tua Coa a os on) ha om, honed FE oA han frre GA Cf gee es ai Bae See ae ee ‘Of B40 40 es BIB IA. 66 a LIA torn? GY 166,73 SS ba teanen ts Flo Ko fH yar 2 vies “i, 54 4 ¥s et ar a Pitre’ gp» eg Mt! Les ws s a. e197 Pr Zoe &7 22,0 Se Es J3 334 Aoalite oss 14,60 aZle Ce Te A dl dca Om gi oo 4} a a? F# ZL sy y + a4 Mii at A u OQ ~ J ~ . Ww ¥ eT Te q e s z oe bielia CActae Csi eit Cn eae > fu T a e g ® 3 o m 4 ww AP. FOR GUARDIANSHIP.—Printed and for sale at ‘Landmark’ Job Office, Statesville, N. C. Kt, “Mu? ae In the matter of ) Yjae bt te. Vi | ; tiA7 lsc (ge | | | Application for Guardianship. Minor Orphans. To the Honorable the Judge of Probate of said County : The Applicationg, Gr Zp xy Latte respectfully presentsthat Pk io Ges Cz “a | g and Ml Dbz CCL tte areminorchildren of fou Ma LL LAW nA deceased and are without a guardian: that the said minor children are entitled to real and personal estate to the value of aA hig, a "4 LE dollars according to the best information and bélief of your applicant, To the end therefore, /a/ the estate of said minor orphans may be preserved, and managed according to law, your applicant prays, that letters of Guardianship muy be issued to hinvor such other person as the Court may think best, for the in- terest of the said minor orphans aiigeenmemenenes : This tk day of Lites! 18§°S a Daa MAL, County !--ss. ee Ps q bs. . . Le: Vii (XS kA /471 being duly sworn, says that he is acquaint- ed with the reala ad personal estate belonging to the above nanzed. children of J heha LA Zit zt deceased ; that to the best of his know!t- edge, information and belief, the value of said estatets about Fez dollars :and the value f therents and profits of thereal esiateis about Lo dollars. Sworn to before me this 7 ’. day \ A, « ; Y oO i Pp ne y hegudt ssf. 5 | “SPF ec ‘fd Pi }] Mrs oa 2 f - : t LY y, f/f J / Su T A R D er e q i e g Dad ena a W oe Le peas. t7 27 Lf f i: to Zz. a> oe Vastdt ‘taut ~ 4 y Arh Pee 2 “2 4 ee. L027 1L-. ee eae ~ Lbs Cat 4 LOCEL) £0 E¢LL Ze wh, Wil oe AEX I 2270G Zt 2 rite g Ohadins tt (hg V Otc eke , A+) ales ria ty ke aie 1 oe Le’ ous LU OC esn a Lepeo ive mA. a acntt ii ie iain fit rel 7 fee Cet Hw cei ees GO B2tte lan ea Ch ae gl ig fer Ze 4 —- A, tacc FAA etc r— 7 Cha, © ae ti “72te LL 2) Sp L oe iE TF LL er “as Pees Gf. A7 Qe a A Were ii — 3 a “es Grte abe ag 5 Pp J), Westy, loll ) cs 7 f 22 D ? J) IC Y 4 2 Ca e 2 oD 4€ 7 7 / ) 7 / A - 42 s t , / f a “7 4 ¥ 77 7 / fu U T A R D Oo > = ° — we = @ AP. FOR GUARD!ANSHIP,.—Printed and for sale at ‘Landmark’ Job Office, Statesville, N. C. Sa Toren PA NL PROBATE COURT Ac-tice COUNTY. [n the matter of ea A ae FD, ig Ae Jur ALveL«{ ~ La ey 1A- | * Application for Guardianship, | F.. Yo eS a ee incl / J 2. ett «: £ Cie prey C casual Minor Orphans. | ~ Ch-rte av Cor To the Honorable the , OF said County : The Application of ; Cavan pr respectfully presentsthat Ear 09 Seta Ihinrnnr L, Corn; Mayet h, Ca Cotta Belle E, Canin and Lr aon areninor children of basanites LE - hue Av Gr Caorrvatine fe bike ~ deceased and are without a guardian: that the said minor children are entitled to real and peregpat sxtate to the the valwe of Que frrcvcbrid iad Bina onte ghali le 46 csi in . wit Aark.. ~ “fier eas to the best information and belief of your applicant, To the end therefore, (at the estate of said minor orphans may be preserved, and managed ace ming tolaw, your applicant prays, that letters of Guardianship may be issued to him or such other person as the Court may think best, for the in- terest of the said minor orphans, me 7 2 day of Viv Mn SBS. L4wurtrw- Ini Are County !--ss, E,. & Chlenmax Wes being duly sworn, says that he is acquai?t- ed with the real and personal estate belonging to the above named children of ‘antes Cli 7 deceased ; that to the best of his know!l- edge, information and belief, the value of said estateis about Ome OO dR dw HG. Ju 1— dollars :and the value of the rents and profits of the real estate isaboul dollars. Sworn to before me this 73 - day | ? Lt, ; of Meru &~ 188¢. | <..¥: MU lier LLALE, sniguet Bosdste GF.€ QO @ < fue a we © jab) 7 ° he bie 3 A) ey Conte sae - pi 7. Can nites t £4) Ze < 2227e vA ZLE ER Z a. Le tie ace: aa tlh LeEht b veel hevwiseiate BLOT Beigfgela> Zhe Srvceems J A abibsy, 7 Cua Lhe bonnet” a Cun, Minnis ZL Cantrrd 3-3-3, LO ALES o/ She dette oe Moy o£ Zz, Caine Below é. Castine Srey Cots ae Whiweetru®D x pZeCeetkh/ 0 227 froven 4x OO feed: ¢ — 3 use nail peta eT owt 3 gow LDicrerL, (or ee tf 0 A cle sii Fait Hite SPBA- LOFT puis? Beer cle - Gel LAY: a te Jarre Ze | : alec Lt Le £0 VT etp-22t S d Y Aer a 2 zi Afr S Batd< Poke Ame i Ms ; er pruwee Ags <4 Application for Letters Testamentary. —Printed and for sale by BRADY, THE PRINTER, Statesville, N. C. APPLICATION FOR L TTERS TESTAMENTARY. COUNT Y.—In the Superior Court. In the mattey of the will ape ) QR Ka AX : LAG A A_ LZ 4voec ¢ eC C 2 tt Cs z POS | ae er Or Me a coc. A aL { ee a AAA. wy being duly sworn, doth say : C ) don That ClLex4 ro tA! — ng A re) is d having first, made and published ) A_£.A.—Tast Will and Testament: and that.. LO 6c is the executor nained therein. ce 2 ( \ Further, That the property of the said C C & fA... <” om. ieneeedierottier consisting of —_s ee A ee 2 —o ce ae is worth about $* TANS re jis as cay be ascertained/at hie date of this * ie ie that~ CLM CLA. 4 Ona @@ Ag Ad are the parties entitled under said Wil) to the said property. Sworn to and subscribed before me this ID day } ST AT E OF WORT] | CAROL INA, ss.—In the Superior Court. Ss LLE County. ) : I, an { L Oe tA~-+—_Jo solemnly Gwe that I believe this paper writing C to be and contain the last Will and Testament of bd CLA. 0 A AA 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 pertaining to the office of Executor I will discharge according to law, to the beste ig skill and ay, So help me God. ‘ J - Ye oF to before 4 ee 7 Ox wits aAet171 FF wre? s/h —_ ae APPLIPATION FOR LETTERS OF ADESNSWRATION WITN WILL ANNEXED Pf e i ———— ———————_—_ ==————— a, OE STATE JF NORTH CAROLINA, IREDELL COUNTY—IN THE SuPERIOR Court. ni aici tas C. 8. C. In the matter of the Administration of the Before...’ , being sworn doth say: is dead, having died on the ment, and that late of said County, - Without leaving anx last Will and Testa is the proper Fred G Cavin, Further, That the value of said estate, so far as can be ascertained at the date of this application, is about Personal Pro perty, and that the persons entitled as heirs and distribu- tees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS Mrs Hazel 0 Cavin Widew Troutman, NC Sworn to and subscribed before me this FE any 1064 |e DhadyeR O O ca naanet — — OATH OF ADMINISTRATOR — —— — = = ——————SS STATE OF NORTH CAROLINA, IREDELL COUNTY SS.—In the Superior Court. , do solemnly swear (or affirm) that I died Weittroat leaving amxlast Will and y administer all and singular the Goods and Chattles, of the said . Fred G Cavin, with will » vided by law, and that all oth Rights and Credits y thereof return as pro- d in me, I will faithfully and honestly nnexed..... + and a true and perfect inventor er duties appertaining to the charge reposse perform with the best of my skill and ability; So help me God. , ( > Pe a satan Administrator. Address _ TTOutman Fo r m A- 1 0 4 NA M E OF ES T A T E 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 ~ “a e an i l CO U A L NA M E OF RE P R E S E N T A T I V E é ap p r e s s _ A Z L L E tt at NA M E OF AT T O R N E Y AD D R E S S ~ 2 re 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 quz ti 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 | a of $1 0 0 . 0 0 is pr fo r th e fa i l u r e to fi l e th e s e re p o r t s , ie : a be PR O P E R T I E S OF EC 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 | f RE L A T I O N S H I P ee Ba n k de p o s i t s Ba n k de p o s i t s St o c k s an d Bo n Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e In t e r e s t ow n e d in an y bu s i n e s s In s u r a n c e Pa y a b l e to Es t a t e In s u r a n c e Pa y a b l e to Be n e f i c i a r i e s _ ¢ Mo r t g a g e s an d No t e s Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m Pr o d u c t s 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 '4 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. 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 AL L PR 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 Ca v i n , Fr e d G. 19 6 1 OP E R T I E S _ na m e d Ad u m i n i s t r a t o p or Ex e c y j on y , Wt f , Cl e r k of Co u r t 7 7 ' { No. 57- B—INVENTORY—EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co., Raleigh—51—1089 THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION iw THE SUPERIOR COURT—BEFORE THE CLERK COUNTY| ‘D 2 po l y ‘u l a e g | INVENTORY | named estate, do hereby certify the following to be a true and perfect inventory of the assets of said estate, 19 6 1 which have come into my hands or the hands of any person for me, as .. of said estate, to wit: Total assets to date Sworn to and subse hy ay “i. Executor, “Administrator, Guardian. aoe Ape Clerk Sup ior Court. IN V E N T O R Y pe t i t e of Ca v i n , Fr e d G. 19 6 1 | No. 57-C—FINAL ACCOUNT--EXECUTOR, ADMINISTRATOR, GUARD Edwards & Broughton Co., Raleigh-—1384 THIS MUST BE FILED AT EXPIRATION OF TWO YEARS AFTER QUALIFICATION ‘D ) po l y “u l A e D NORTH/CARDLINA Sa aeee pip IN THE SUPERIOR COURT—BEFORE THE CLERK cilia is COUNTY IN THE Hii Ll OF Vila soos = (tle L ( sien Deceased ) be Attn { 19 6 1 FINAL ACCOUNT - Sup r Court: ‘ b M&ecO gees 0? ial : RE CII cssseitisccisnsniicecctanctianesenenitptinehtinetescisounnieccineriuanssibesissinbersseinisespainccsanensiniiin petpainhbexeunmnatimnbboibennseneniouhwens D2 ) po l y ‘u l A e d ‘Oo nN Commissions @ 5% on Receipts of $................... Commissions @ 5% on Disbursements of $ Clerk’s Commissions and Costs Total Total Z Total of All Disbursements Balane Paid DISBURSEMENTS woe : 19.4.4, * dete, ott. Meee 4 a en 5 Fk sdiceheldapeasicoSersnend occas ii, lth Ash Agate 2 Th tk chitin 6. eS naw rts Rssiay * lll Mela, Mette ioe oy 4.9 5 pea os, oa ee +e ee NAA 6 ew ed | Ob Balance ¢ ia Paid to Each Distributee’s share has been paid out in full settlement of the respective distributive share in said estate, as detailed above (1384) The foregoing account has been audited by me, the vouchers Submitted in support thereof examined, and the account is hereby approved and confirmed. Let the account, together with this order, be recorded and fil Lb gS 19 6 1 ‘D pe i “u l A e D € Y8 E I — E 0 0 I b > — 7 Z 9 - 1 — EN N O O O V TV N I A aS , Admr., Extr., or Guardian, being duly sworn, says that the foregoing Pinal Account is in all respects true and correct to the best of his information, knowledge, and belief. Sworn to and subscribed before me, this APPLICATION FOR LETTERS a | APPLIC IN THE MarrTer or THE WILL oF Y ; , ; - Moc » 193...., having first made and published last Will and Testa- eee is the executor named therein. consisting of ; 10¢ Real Estate ..... and Personal Property é.52 QO. scaiaiiaiciidieds so far al t perty plication ; and that NAME as can be ascertained at the date of this ap- ADDRESS izabeth Trou ns a iis, 59 are the parties entitled under said Wi] to the said property. Sworn to and subscribed before 6th 69 day : ‘ TH1y ie aera woclealer Meeweshe hecho abahea dees. exit So Clerk Superior Court. A GOP OSS.eececssse OATH OF EXECUTOR r'E OF NORTH CAROLINA as SS.—In the Supe rior Court. Jounty fy i By eereieincnions do solemnly swear that I believe this paper writing to be i i , MK” Cavin and contain the last Will] and Testament of 2 innate that I will well and truly execute the same by first paying debts and then |} legacies, so far as t} tend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. Subseribed and sworn to before me this.,..... oe : Aten PaO 5 day of fr ovecesevonccccesed nares COPY OF WILL North Caroline-- Ireiell Cou th of the VY Cavin, of sound mind, but consideri istence and declare > First:- My executor &@ decent buri suitable to ind pay ell funerel expenses of the first moneys ich estate, Second- All my longing to to be reserved for my wife) auction, $1 0. deducted arr SAL ong Zach heir named except Rosa Lee - ia. d her deg én children, Fifth. I hereby constitute my lewful executor to £ revoking end declering voi heretofore, In witness whereof, a sey my : may come the reel estete, (except one mi&ch-cow -cording to the true intent this 27 nty. éforesaid county ana State, being ng the uncerteinty of my earthly ex- 4 m had this last will ana testament: y hereinafter nemed, shell give body , > $ 4 the wishes of my friends and relatives all my just a & € » together with debts, out oe into his hands belonging to my E€Stete end » One full yeers support to be sold by my executor, et public has been paid out of ell the I first give €nd bequeath in cash, named above, except the this amount to be to be their money 4s they he use of her share dur- Of principel money to be and appoint my son, execute this my lest will and testa- e £ and meaning of the seme-- here- 4 A vy y wills aki eny other made by me I the S& Ss } ou Signed, scaled, published and declared by the said Ce - C avin to be his last will and testament in the presence of us, who, et his request and in his presence do subscribe our nemes es witnesses thereto. J H Hilderbrand Frank P Hilderbrand te PT North Carolina } Iredell County § In the Matter of the Administration of the Estate of J. M. Cavin In the Superior Court, Before the Clerk, REPORT OF SALE LIST OF PERSONAL PROPERTY To the Honorable C. G. Smith, Clerk Superior Court Iredell County: The undersigned Executor of J. } County, herewith reports and returns upon correct schedule of the sale of i. Cavin, deceased, late of Iredell oath the following as a true and personal property of said estate at public auction, after due advertisement, as provided by law. PURCHASER W. C. Perry Urs. iW. C. Perry C. A. Ervin W. C. Perry W.C. Perry A. D. Collins Mr. Stafford Mrs. W. C. Perry Myrtle Perry Nellie Sherrill Mrs. W. C. Perry Sherman Bass Re As Bost H. C. Compton Mr. Stafford A. L. Messick Mrs. D. W. Compton H. C. Compton Mrs. D. WwW. Compton Erbie Brown T. O. Ervin sarl Lipe H. E. Sherrill E. We Allison E. We. Allison Mrs. J. A. Perry i. W. Allison Urs. L. J. Harrington Nellie Morrison Nellie Morrison Nellie Morrison Nellie Sherrill E. W. Allison Mrs. Glenn Cavin Mrs. W. C. Perry Mrs. Glenn Cavin G. A; Ervin Mrs. J. A. Perry Leroy Simms C. A. Ervin L. J. Harrington L. J. Harrington &. W. Allison C. G Sherrill G. Cavin Mrs. J. A. Perry Mrs. Grier Nesbit Scott ARTICLE Bureau Bureau Sewing Machine One bed One bed One table Victrola One table Chest drawers One picture One table Two beds One wash stand One bed One clock Gun Springs Springs Springs Lmory wheel Draw knife Brace & bits Electric iron One chair One chair One chair chairs chairs chair chairs rocker rocker Cream & sugar set One glass set One glass set One dish Dishes Butter dish Butter dish One dish One dish One pitcher Dishes Cake plate One dish Rolling pin fable Lamp PRICE 250 ¥ W. C. Perry H. C. Compton Ee We Allison F. M. Harrington Purse Brown E. We Allison Ed Thomas R. Lail L. Simms John Lewis Compton F. M. Wagner Wilson J. A. Perry Mrs. Compton Mrs. J. A. Perry Lail Mrs. Compton Karl Lipe Mrs. Holtshouser Mrs. Compton &. W. Allison Allison, Jack Rumple, H. L. Scott Lail J. A. Perry Clyde Sherrill L. Sims L. W. Wilson R. Poole H. L. Bass Earl Lipe C. C. Maness J. A. Perry A. D. Collins Wilson Bumgardner H. C. Compton H. C. Ervin Clyde Sherrill Glenn Cavin Mrs. J. A. Perry H. C. Compton Mrs. H. _.. Ervin Lail F. M. Wagner Mrs. Compton J. A. Perry Fk. M. Wagner Mrs. Holtshouser Clyde Sherrill C.A.Ervin Mrs. W. C. Perry M. T. Scott M. T. Scott C. L. Stafford M. T. Scott Ed Young C. A. Ervin W.C. Perry M. T. Scott E. W. Allison W. G. Ostwalt “ Table Safe Safe Bench Jars Jars Axe Stone jar Stone jar Jar Jar Jars Buckets Wash pan F. Trays Jar Crock Hammer F. Pan Pot Knife and w. pan S. pan Jar Coffee mill Jar Box Box Scales Box - Misc. Saw Pans W. Boards F,. shovel Wedges Brushes Level Miscellaneous Mis Ce Cot Straw Dish Dish Dish Dish Glasses Dish Dish Dish Dish Dish Dish Dish Pitcher Bowl Table cloth Dishes Dishes Scissors Dishes Chair Quilt Quilt Quilt W. Ge Ostwalt A. G Nesbit F. M. Wagner E. W. Allison Mrs. W. G. Ostwalt A. G Nesbit WY. G. Ostwalt E. W. Allison A. G Nesbit Mrs. W. G. Ostwalt E. W. Allison Nellie Morrison Mrs. W. G. Ostwalt Mrs. Glenn Cavin E.W.Allison E.W, Allison E. We Allison Lewis Bass C. Ervin f bail Linville R. Lail F. M. Wagner B. L. Linville B. L. Linville E. We Allison Mrs. Nesbit Mrs. Hunter Brown Mrs. Nesbit Mrs. H. H. 2rvin Lewis Bass Frank Overcash Mrs. Nesbit Vv. H. Brown Mrs. J. A. Perry Ed Thomas Cullen Lawson Cullen Lawson ie C. Perry Mrs. J. A. Perry E. Thomas J. A. Perry L. Simms H. C. Compton Lewis Bass Jo A. Perry Sherman Bass Lewis Bass Sherman Bass Leroy Simms Sherman Bass Je A. Perry B. L. Overcash Lewis Bass Lewis Bass Rube Poole J. A. Perry Je W. Ervin L. Morrison L. Bass H. Compton F. M. Harrington L. Lail P. Holtshouser H. C. Compton Quilt Quilt Quilt Quilt Quilt Quilt Quilt Quilt Quilt Quilt wilt Quilt Quilt Quilt Quilt Quilt Quilt Counterpane Pillow cases “Pillow cases Pillow cases Pillow cases Shears Shears Counterpane Pillows Pillows F. Bed Pillows Pillows L. Robe Ice box Pillows Pillows Pillows One table Bel. Plow One cupboard One table Lamp Misc. Oil can Planter Planter C. Planter Tongs Oats seeder F. Distr. C. sheller Weeder Corn Junk Junk Half bushel Jars Wheel barrow Iron bed Table Plows, etc. Bell Plow J. A. Perry Emery whee] 035 te Poole Saw 1.75 VW. C. Perry Axe 025 J. A. Perry Belt 5200 W. Ervin Belt 60 W. Ervin Belt 0 35 W. Ervin Belt 035 J. W. Ervin Belt 20 Allison Maddock 015 E. ii. Allison Maddock 025 J. A. Perry Cradle ohS R. Lytton Scythe 025 A. Perry Corn 045 A. Perry Corn 025 Simms Corn 80 A. Perry Corn 025 Bost Corn 075 A. Perry Corn 265 J. A. Perry Corn -60 Tom Ervin Lespedeza seed 055 Tom Ervin " " -60 Leroy Simms Rye 085 H. L. Bass 205 Lewis Hass Scales 220 Awin Thomas Wire & knife 205 rank Overcash Tools 015 We C, Perry Levels 035 R. Lail Blade 205 L. Bass Junk o15 M. K. Brown Scythe 1.20 Purse Brown Scythe 025 H. C. Compton 2 hoes 015 Mrs. J. A. Perry 2 hoes 205 J. Allison 1 hoe 205 R. Lail 1 hoe 205 H. C. C mpton 1 hoe 210 Lail 1 hoe 005 T. O.Ervin 1 hoe 205 Lewis Bass Can 205 Lena Mae Allison e50 tarl Allison J Motor 15.00 Earl Allison 1.30 ‘eigeisitiniilimiaainais Total 9139.25 The Executor reports that he still has a thresher, a range and a riding cultivator on ham which were not sold at the saje and which he is attempting to sell at private sale. Respectfully submitted, ELD ewt/ Executor of J. i. Cavin » 4938. this of jr | ch Clerk Superior Court © Sworn to and subg@ribed before me, h 1 North Carolina } In the Superior Court, Iredell County } Before the Clerk, in the Matter of the Administration of the PARTIAL SETTLEMENT BY UXECUTOR Mstate of J. M. Cavin. To the Honorable C. G. Smith, Clerk Superior Court: The undersiged Executor of J. li. Cavin, herewith returns the following as a true and correct partial accounting of his trans- actions up to this date, as such Executor: 1937 July 29th, July 29th, Oct. 6th, Nov. 2nd, Dec. lst, vec, si 1938 Jan. 25th, Jan. 25th, Jan. ’ Jan. 25th, Feb. Feb. Mar. Apr. Ty June ¢ June 2 July Ji ily RECWIPTS salance of checking acct. in Merchants and Farmers Bank, Statesville $476 B. F. Bell, loan to estate secured by morte. 500.00 Cash from sale of personal praperty 118.92 Cash from sale personal property 10.90 Cash from sale of straw 2.00 Doc Pate, Dec. rent €.00 Ostwalt Flour Mill, sale of flour 5569 __.. Jolly, rent cotton 440 —. Jolly, rent corn 19.57 Doc Pate, Jan. rent 8.00 —__.__ Jolly, cotton rent 41.36 Doc Pate, house rent for Feb. 8.00 Doc Pate, house rent for Mar. 8.00 Voc Pate, house rent for Apr. &.00 Doc Pate, house rent for May &.00 Doc Pate, June house rent 8.00 Sale of straw 2.50 Sale of cottonseed to lir. Nosco Brown 14.40 LE. Wi. Allison, due on personal property bought 7915 Voc Pate, July house rent €.00 Total Receipts $845265 Credited by the following general disbursements: 1227 July 29th, July 29th, July 29th, July 29th, July 31st, Aug. 16th, AUR. 27th, Sept. 6th, Sept. 6th, Oct. 6th, Nov. 2nd, Nov. 10th, Nove 29th, Dec. lst, 1238 Jan. 25th, Merchants & Farmers Bank, note and interest of J. Mi. Cavin J. &. Scrozzs, 1936 tax of J.M.Cavin C. G Smith, C. S. C., costs of Appte as Executor & probate of will Johnson Funeral Home, burial expenses J. Wi. Mills, digging grave Margaret Harrington, nurse Statesville Laundry, laundry acct. Nathan Jolly, nursing J.N.Cavin is C. Perry, auctioneer at sale es W. Williamson, Notary work J. T. Smith, fertilizer acct. lirs. kK. W. Allison, work in connection with sale personal property br. J. S. Talley, medical services Joe Vavin, shucking corn P. G. Rodden, carpenter work Feb. 16th, The Landmark, notice to crs. $2.50 June 25th, 3B. F. Bell, paid on note secured by mortgage 400.00 July 18th, EE. W. Allison, hauling in cnmection with sale personal property 715 Total Disbursements $826.19 Balance in the hands of the Executor due the estate 19.46 9845205 All of which is respectfully submitted to the Court. - > : - AD “U7 C es . Gee owe ee ~ Executor of J. M. Cavin Sworn to and subscribed before me, this July asth, 1938. d os ZA C Z LPT TY) ie’ Clerk Superior Court Audited, approved and ordered filed as a partial accounting of R. G.Cavin, Executor of J. M. Cavin. hit hécworer 4, pitt ~ Clerk Superior Court May. 30th, Fet +. lst, o. 74} June 7th, June 7th, Lons of iuxecutor on former settlement not ‘ 7845265 . 5p payment Tatti oe -u on com 10 nostp eat a4 -SULAUE ee eee ee 2 eR jy) 17S Ad LONA H. HARRIN ) eae essed me TAN LUCILLE CAVIN ADA CAVIN [ELMSTETTL Tiram fs us , bad dd nw } ER & HUSBAN wENe 20 N } Yay Se sOrTil VaroOlLina lell County ” july sworn, deposes and says; that he m n@Y } 5 iecreasced:s Testament . in, deceased; +4 fe tition an le san s true of ose matters and things therein stated be tre. We, the undersigned heirs of J. M. Cavin, do hereby request you to make us parties plaintiff in a proceeding to sell for division of the J. M. Cavin lands in Fallstown Township. March llth, Inder and by virtue of an order of the Superior Court of iredeil County made in the special rocewling therein entitled "Glenn Cavin, uxecuter of the lust (211 and Tustanent of J. avin, Veceased, aul Others, hx Parte," the wileral gned Co missioner will, om MONDAY, MAY 6th, 1940, at 12 o' elock oon, at the courthouss dvor in Statesville, Iredell « mnty, jiorth Caroliaa, [fer for sale to the highest bidder for eash those certain tract f Zand -and being in Iredell vounty, North Carolina, vere particularly described as follows: Ast truct. Seginning at a stone, Houltshouser's corner On Scroggs’ line und runs S. 2 jie 110 noles to a pane, brown's corner; thence Last 30 poles to a sto i@, iGichor's corner; thence Nl. 3? hk, 8 poles to u red oak, his corner; thence MN. 2 b. 40 poles to a stone near the branch, lloultehouser's corner; thence o8t to the beginning, vontuining 41-3/4 acres, crore or less. ce deod in 420K 31, page 524. ind tract. Begiuaing at a stone, Houltshouser'ns corner near 4 branch; thence G. 2 4. 40 poles to a red oaks thence °. 32 Ve 88 poles to a stone, Nulchor's and Brow! corner; thence ", 65 ie 75, poles to a stone; thence NW. 20 Lb. 152 polsy te a otone; thence est G& poles to tne beginning, containing 54 acres, more or less, Book 31, page 5256 - = ay } ,¢ 4 a, OL ‘ Ta.y om Thee JOHN Publish in ‘tatesvilie Dally once a week for four weeks commencing April md. North Carolina } In the Superior Court, Iredell County § Before the Clerk, Glenn Cavin, Executor of the last Will and Testament of J. M. Cavin, Jeceased, and Mrs. Elizabeth Cavin, REPORT OF COMMISSIONER Widow, Glenn Cavin and wife, Leona Cavin and Others, ix Parte. The undersigned Commissioner herewith reports to the Court that he offered for sale at public auction at the court house door in Statesville on Venday, May 6th, 1940, at 12 o'clock Noon the lands described in the petition in this cause, when and where 2. G. Cavin became the last and hishest bidder for the same at the vrice of 1300.00, That said sale remains open for twenty days for increased bids. this May 15th, 1940. ¢ Seatt- Commissioner North Carolina | In the Superior Court, Iredell County } Before the Clerk. Glenn Cavin, Executor of the last Will and Testament of J. li. Cavin, SUPPLEMENTAL REPORT Deceased, and Mrs. Elizabeth Cavin, Jidow, Glenn Cavin and wife, Leona OF COMMISSIONER Cavin and Others, Ex Parte. The undersignei Commissioner herewith files 2 supplemental report to that dated May 15th, and shows to the Court that before the expiration of twenty days from the date of the sale held on liay 6th, he received an incfeased bid on said sale of 5% from J. F. Douglas and he, therefore, asks the court for an order of re-sale. This May 24th, 1940. G Seart- Commissioner North Carolina } In the Superior Court, Iredell County | Before the Clerk. Glenn Cavin, Executor of the last Will and Testament of J. k. Cavin, Deceased, and hrs. Llizabeth Cavin, ORDER OF RE-SALE idow, Glenn Cavin and Others, tx Parte. This cause coming on to be heard before the under- signed Clerk for a hearing on Monday, May 27th, 1940, upon the report of the Commissioner filed herein; and it appearing to the Court that said Commissioner has received an increased bid of 5% on the price bid at the sale held on May 5th, and that he asks for an order of re-sale for said property; It is, therefore, ordered, considered and adjudged that the lands described in the petition be offered for re-sale at public auction at the court house door of Iredell County, in Statesville, for cash, on Wednesday, June 12th, 1940, at 12 o'clock Noon, after first posting a notice of said sale st the court house door and in three other nublic places in Iredell County for fifteen days immediately preceding such sale and publishing notice thereof once a week for two conseuctive weeks in the Statesville Daily, a newspaper published in Iredell County, and the said Commissioner shall report his proceedings in the premises to this court within ten days from the date of said sale. ™m This cause is retained for further orders. This May 27th, 1940. y ed 4 J ee ae A - "i fs ZB, On Li W/ Cl1é@k Superi6r Court Iredell County ‘ worth Carolina { Iredell County { tlenn Cavin, iixe last ‘ill and T am or J. MM, Jeceased, Mrs. Llizgabeth » Glenn Vavin and wife, Leona Cavin and Uthers, «x Parte. Jidow The undersigned Commissioner herewith that he ofiered for re-sale reports to the Court at public auction at the court h Statesville, on ednesday, June 12th, 1940, at 12 lands described in the »etition in ouse door in Noon ylenn er wnls cause * j LA mie AU Vavin became the last and highest b e of $1500.00. That said sale remains oven wenty days ft I ased hi 1Se art} aYnlinsa \ lr } Syners5 a ‘ry + North varolina 4 In the Superior Court, ore the Clerk. Iredell County ef: lenn Cavin, iuxecutor of the last Will and Testament of J. M. Cavin, Jeceased, and irs. Jlizabeth Cavin, ‘idow, Glenn Vavin and wife, Leona vavin and Others, zx te Dy be < x x y { x Xx Cth F Eca7- sommissioner the Superior Court, the Clerk, ixecutor of the las Vil). and Testament of J. M. Cavi ’ > a } cam Kees - * Jeceased, Ls. itizabeth Cavin, a ; Ldow, Glenn Cavin and Others, . n XK OO cause coming on to be heard before the under ao A ' : i i A abe 4 Vis Ae LAD = iened Clerk f hesri> an and aw o97 IOIN } report ne vommissioner Tiled herein; and it snnearine i s received an increzsed b om VV ~i A. twa - , A ena * A Trine 7 ' sale held on Ju ie L2t ’ 1940, sele of said proverty; se considered tnat the lands descri n t!} etition be offered for public ai o'clock ouse ity for fifteen : i ! $ thoreant y + a week for two conseuctive r fo 3 ne Statesville D S wilaneeee published in Iredell County, and the ssid Com shall report his proceedings ir he premises t this within n days fror the date of Mie ees or orders, ore cy STATESVILLE, N. C.__ ee 4 Je. a lf? ae so cinerea Mz. Nal: Cull a aan Z ree. _70THE STATESVILLE DAILY 0°. | Subscription Price ADVERTISING RATES FURNISHED ON APPLICATION $6.00 ONE YEAR SIX MONTHS 3.00 PEGRAM A. BRYANT, PROPRIETOR * ONE MONTH 80 PUBLISHED EVERY-WEEK-DAY 16 | 17] 18] 19 20f xc OF RE-SALE OF REAL ESTATE tt SINGLE COPY | ae 10] 1112] 13 |14 | ; x | es Total Credits Under and by virtue of an order of re-sale | made by the Superior ‘Court of Iredell: County in the special proceeding therein entitled “Glenn Cavin, Executor of the last Will and } stament of J. M. Cavin, Deceased, and Oth- | Ex Parte,” the undersigned Commissioner will, on WEDNESDAY, JULY 17th, 1940, at 12 o'clock noon, at the court house door in Statesville, N. C., offer for re-sale to the highest bidder for cash these certain tracts of land lying and being in Iredell County, North Carolina, more particularly described as fol- lows: Ist. Beginning at a stone, Houltshouser’s corner near a branch; thence S. 2 W. 40 poles to a red oak; thence S. 32 W. 88 poles to a stone, Melchor’s and Brown's corner; thence S. 65 E. 764 poles to a ston’; thence N. 20 3. 152 poles to a stone; thence West 68 poles | to the beginning, containing 64 acres, more or less. See deed in Book 31, Page 525. 2nd. Beginning at a stone, Houltshouser’s corner on Scrogg’s line and runs S 2 W. 110 j — el en pom Oct. 30 poles to a stone, Melchor’s corner; thence J | j | poles to a pine, Brown’s corner; thence East N. 32 E. 88 poles to a red oak, branch, Houltshouser’s corner; thence West. to his corner; | thence N. 2 E. 40 poles to a stone near the | | | | the beginning, containing 41% acres, more or | | | | less. See deed in Book 31, page 624. -—+——+—__ This sale is made subject to 1940 taxes. Bid- } | | ding will commence at $1575.00. This July 1st, 1940. JOHN A. SCOTT, Commissioner ; July 2 9 1940 D | | j | | | ini nee ee | North Carolina } 82 129 In the Superior Court, Iredell Couhty | Before the Clerk. Glenn Cavin, Executor of the last Will and Testament of J. M. Cavin, Deceased, and Lrs. Elizabeth REPORT OF CONMISS IONER Cavin, Widow, Glenn Cavin and wife, Leona vavin and Others, x Parte. The undersigned Comnissioner herewith reports to the Court that he offered for re-sale at public auction at the court house door in Statesville, on ‘ednesday, July 17th, 1940, at 12 o'clock Noon the lands described in the petition in this cause, when and where Glenn Cavin became the last and highest bidder for said lands at the price of $1700.00; that said sale stands open for twenty days for increased bids. This July 17th, 1940. _ a4 GY Sea Commissioner North Carolina } In the Superior Court, Iredell County } Before the Clerk, Glenn Cavin, Executor of the last Will and Testament of J. Mi. Cavin, SUPPLEMENTAL REPORT OF Deceased, and Mrs. Elizabeth Cavin, Widow, Glenn Cavin and Others, COMMISS IONEF Ex Parte. The undersigned Commissioner herewith files a supplemental report to that dated July 17th, 1940, and shows to the Court that the said sale stood open for twenty days, as required by law, for advanced bids; that said twenty days have expired and no advanced bid has been placed on the last sale and your Commissioner, therefore, recommends to the Court that said sale to Glenn Cavin at the price of $1700.00 be confirmed. This August 9th, 1940. san GC fest Commissioner forth Carolina ) Ni a ae In the Superior Court, Iredell County § <0 Before £he Clerk. Glenn Cavin, Executor of the last ill and Testament of J. M. Cavin, Deceased, and Lrs. Elizabeth Cavin, idow, Glenn Cavin and wife, Leona Cavin, Individually, J. F. Cavin and wife, Marie Cavin, J. %. Cavin and wife, Selma Cavin, irs. Jora Cavin Hicks, widow, Mrs. Bessie Cavin Perry and husband, J. A. Perry, lirs. Rosa Lee Harrington and husband, L. J. Harrington, lrs. Lena iiae Allison and husband, &, /. Allison, rs. Lona Harrington and husband, Jordan Harsington, Lucille Cavin, single, Urs. Ada Cavin Helmstettler and husband, Dallas Helmstettler and Vera Cavin, a Minor and Juanita Cavin, a Minor, by their Next Friend, Addison Long, &x Parte. oo 80 8 G8 88 08 68 68 60 00 e6 8 6 06 66 oc ee 68 of This cause coming on to be heard before the undersigned vlerk of the Superior Court of Iredell County on Monday, August 12th, 1940, upon the report of John A. Scott, Commissioner in the above entitled cause, and being heard upon the said report and supplemental report of the vomumissioner, and it annearing to the Court that the said Commissioner, after due advertisement, as prescribed by law and the orders of the vourt, offered the lands mentioned and described in the vetition to re-sale at public auction at the court house door of Iredell County on ednesday, July 17th, 1940, at 12 o'clock oon and that Glenn Cavin then amd there 5 became the highest and best bidder for said lands at the price of $1700.00; And it further appearing to the vourt that said re-sale has stood open for twenty days and that no advance bid has been received by the Commissioner and it further apnearing to the Court that the lands have been advertised and offered for sale not less than three times and that all persons interested in the same have had ample opportunity to appear and bid and that the price offered is fair and reasonable and the Commissioner recommends that the sale be confirmed; It is, thereupon now ordered, considered and ad judged that the sale of s*id lands to Glenn Cavin for the sum of »1700.00 cash, subject to the 1940 taxes, be, and the same is in all respects hereby confirmed and it is ordered that the Commissioner execute and deliver to the said purchaser a deed, conveying said lands in fee simple upon his com- pliance with his bid, said deed to be made subject to the 1940 taxes due Iredell County. It is further ordered and adjudged that the Commissioner shall, out of the proceeds of said sale, pay: lst. whe costs and expenses of this proceeding, to be taxed by the Clerk of said Court. 2nd. Any specific liens, or taxes, other than the 1940 taxes, that may exist against the property sold. 3rd. Turn over the remainder to Glenn Cavin, Executor of the last ill and Testament of J. M. Cavin, to be distributed by him according to the said will of J. M. Cavin to those entitled thereto. Signed on lionday, August 12th, 1940. he Zs Gy bythe CYéerk Suferior Court Iredell County ~@ North Carolina In the Superior Court Iredell County Before the Clerk IN THE MATTER OF THE ADMINIS- TRATION OF THE ESTATE OF JAMES MONROE CAVIN TO C. G. SMITH, CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY. The undersigned Executor of J. M. Cavin, herewith, files his final settlement, as such Executor and asks that the Court will audit and approve the same, and discharge the Executor. a * 8 6 4 wy ew a June 7 1939 Balance on hand at date of last Settlement June 10 1940 Received for house rent, cotton checks and sale of stove, and riding cultivator since date of last Settlement Aug. 13, 1940 John A. Scott, Commissioner, from sale of J. M. Cavin lanis Total Receipts Credited by the following general disbursements: July 24 1939 R. A. Bost labor °92 Aug 14 1939 Tax Collector Iredell County payment on taxes 15.00 Sept 19 1939 Tax Collector payment on taxes 30.00 Oct 17 1939 J E Scroggs Tax Collector 35.34 Dee 12 1939 J E Scroggs Tax Collector 36.18 Feb 19 1940 R A Bost, carpenter wrk 1.93 Feb 19 1940 Wagner Hdwe. Co. glass 1.52 Feb 26 1940 Statesville Brick Co. brick 052 Mar. 4 1940 Ze Be Brown lumber 1.66 Mar 25 1940 R A Bost, carpenter work 2625 Apr 10 1940 Geo Eagle lettering monument 6.50 May 11 1940 R A Bost carpenter work and materials for repairs 9.07 Total Disbursements $140.89 Balance on hand $1711.96 To my commissions on Receipts of $1852.87 To my commissions on Disbursements of $140.89 at 3% 4.22 Aug 13 1940 C. G. Smith, C. S.C. Aug 13 1940 Scott and Collier Attorneys fees Balance on hand for distribution under the will of J. M. Cavin $1635.21 Credited by Special Disbursements as follows: 1. Mrs. Elizabeth Cavin, Widow, Item 3 of the Will in Full of her Share $300.00 Aug 13 1940 by check to Mrs. Elizabeth Cavin Balance for distribution under item 4 of the Will $1335.21 Distributed as follows: 1. J. F. (Jim) Cavin 1/9 thereof less charge of $100.00 48.34 2. Mrs. Dora Hicks 1/9 thereof plus 1/8 of $100.00 160.84 3+ Mrs. Bessie Perry 1/9 thereof plus 1/8 of $100.00 160.85 v 4. Mrs. Lena May Allison 1/9 thereof plus 1/8 of $100.00 160.85 v d- Mrs. Lona Harrington 1/9 thereof plus 1/8 ef $100.00 160.85 ~ 6. Glenn Cavin 1/9 thereof plus 1/8 of $100.00 160.85 7+ Joseph (J E) Cavin 1/9 thereof plus 1/8 of $100.00 160.85 8. Rosa Lee Harrington for life and at her death 160.84 to be divided among her children Children of Clarence ¢ » deceased a. Ada Cavin ¥ a by check to Bes. Ada Cavin $40.21 Mfésg$ Lucille Cavin $40.21 Vera Cavin, a minor by check paid to Clerk S. ¢, $40.21 Juanita Cavin a minor by check paid to Clerk &. C. $40.21 160.84 WHEREFORE, having fully settled, the Executor asks the court to approve his final settlement, order it filed and recorded and discharge the Executor. ia ; ee Le faci off Executor of J. M. Cavin Estate Cc Sworn to_and {prs bed before pp tid 13th day ue 1940. Yt Clerk of the Superior Court The foregoing account of Glenn Cavin, executor of J. M. Cavin, having been audited by me is approved and allowed and ofdered) filed and ecorded and the Executor is discharged, This Aug. 13, 13h. 7 | grt. ke on ale =... LM ify Received of Glenn Cavin, Executor of Clerk of fhe Superior Court J. Ki. Cavin share of Mrs. Rosa Lee Harrington in the amount of $160.84 in which she is entitled to a life estate, the remainder to be divid } among her children at her death. Also the share of Vera Cavin a minor $40.21 and/Ahe are of Juanita Cavin a minor, $40.21, the address of said minors being Peip » Ne Oe Clerk of the Superior Court _ the only chlidren of Mrs > Lee Harriston, past twenty-one years of age, do hereby authorize that you pay to our mother Mrs. Rose Lee Harriggton € } you as Clerk of the Superior C you by the Fxecutor set out in Rosa Lee irrig ad a life tin Testament in 2 inter- among her children. 7 meting waive and release any ht that we have in said > amount ? manag wr ’ held } . - y . $160.8), —-— is the 3/ day Tt ae fea SEH a J. B. CONNELLY, STIMSON BRICK OFFICE. EAST BROAD STREET. ATTORNEY AT LAW. Sashes M. 6... a tera’ Li, Pbaete oeltuan ee (beateee,¢ LQ, ZA PZ ee Leib ¢ FM tesiio Bata A 7 OF Cau @ Ctrl eve AALt Lott ‘4 ' 7 : ZA > am Po Fee ng wees OE fone fa IMARK Jon Ort Es Eeks oF A DIMIMTIE a TRAS TIO > pplication for Letters of Administration -In The Superior Court. e matter oy tha Administration of the Estate of } ” fore Piet J 7 > Gy A Sey ilantice ee reir nie cei ‘ wees Leing sworn, doth Say: AG Eerste cer tecereeeseenee lltO OF Said Counts, is dead, without lea vine any Will and Aecccofe is tl ‘proper person ¢ untitled to Letters of ion on thkestate of the said. he F Cacee A! Phat the vali Of scrid est be. SE a LS la h; / lie On is about Boa’! ie a ‘ if SE "CZ. a Zt ey a nh hack Ain ad in Ms, Bair gente YB et 2 Drew ee a atthe Khe (2467 « Me a ace A reentitlead ; eirs and hutees the Teot, Swonn to and subscribed before me this, Fes og tS bs al saa 1S9 fp: hake . Cec E-2OF Clerk Superior Court. eS se ss t-gneSnSRAnnSnnNhnEED atenmeeste ene Cra OF’ ADMINISTRA. STATE OF NQRTH C, ROLINA, SS.-In the INTY. } lemnly swear ( Onmbeddius) inv last Will and ill Cll; ind truly adimni eralland smmgular the Goods md €] Is, sahte Ce ALA24. L : anda trae and pertect inventory thereof ret urn Aas Dy wnt all other duties ay ppert aining to the echaree reposed it } / faithfalls and honestly perform with the best of my skill and ability : So help me God Subse ed and sworn to hefore Me this a oeVesee } a ar ‘ * - 1 Poyyptpyy *) ’ (i seveee e6 : ° vee Ase administrator day of ts Becasee LO GF J and C14 dits of Petition fo: Order to Sell Personal Property for Cash.—Printed and for Sale at Toe LANDMARK Jos Orricr, Statesville, N.C.—1-31-'98.500 State of North Carolina, | 7 p IN THE SUPERIOR CourT, ae ae ee it , deceased, showeth th; ‘A : a vould best subserve the interests of the KAMAL... r and creditors of the estate of said to sell the personal property belonging to said state fofcash, because said property would sell for about the same in eash as on a credit of six months, and because moreover the majority of the bidders at any proposed sale will probably be unable to give s Wherefore your petitioner prays for an order allowing him to sell said property for cash. CURIDIIR. State of North Carolina, | > IN THE SUPERIOR COURT, County. has filed in this offied4 petition showing reasons gs property belonging to the estate of the said deceased, for cash: It is Ordered — a the said.... deceased, shall have license to sell said property highgS’ bidder, for cagh, “after twenty days’ notification posted at the Court House and four other public places in.... County,” subject however to the confirma- in case any creditor or legatee of said estate shall, on the d the completion of the sale of any article of amount bid.” Wt is Furtber Ordered, That said a t- A tion of this Court, ay of sale, object to , on account of the insufficiency of the to this Court. This oO ny Clerk Superior Court. G7 4 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 . A In th e — fo u r t of 0 4 Se HH SL jl Co u n t y = ; 7 , 18 9 4 ha t Ys Jf A We C: at Alice i +. 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A fbrelet ra 4. 7” $e ate Me ere ws F f Cott2 ai Ky wee he Cf Je Ohi (flsthy thy, ye ‘ ae ia “ Bpeel 2 SIL Qeta Arygos Fit ClT et c7 A Bice ou CA Atet eos Oo ——* FY Uninet fabs deen w "i *? *a a A e Jie “Ges LLL Zé CAttl tt te, “onl ee ees al ott Vo. a°3 G Woe A bol; ge coe Cles2e tc ee Fy Lo fac ne Shia a ye Cts a ie Mt eegt MOL Aik 2b CE Caled late Cd et ten x — Lek, sg 12H yaa , Hixe ghey ust Bandi Ate Et taeda Lily OC Ltt. D4 QA Covi Ce As Anert 2 lace hh coe Z pT, 7 Zak , = fp AL v2 Cuhstitucly teary. 4 Ls be aa sans a / al we once \ eal fa cent wa — u Cfo ri . Allow ta ae L “GOA A (2 LY gr: fo fi’ SUMMONS FOR RELIEF,—Printed and for Sale at The Mascot Job Office, Statesville, N. ¢ County.--In the Superior Court. Against — For Relief. Shue Lx a OMehead! Gs Z V OG! 2¢ fete MAMI we, A es ee MD ICEAD mes iC Aa L 74 oy inde of Yorth Carolina, Go the Sheriff of € C Ft ML pil Wiad lth x the Defendant above named, if a be found within your County. to he and appear be- ( “es fore the Judge of our Superior Court, ata cae tobe held for the Countyof. €°4CL7 (C4 at the Court House in U4 AU tte l€ on the Ze Monday e ST saa ~ & ff ACL @ A Monday of eee same being the</ day of ae and an- ver the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant * take notice that if ites fail to answer to the said complaint within that time. the plointiff will apply to the Court for the relief demanded in the com plaint, Hereof failnot, and of this summons make due return. 24 oe Given under my hand and seal of said Court, this ~ day of. SLE At 4 JT "So , Aha aad 7 ee Clerk of Superior Court “L rae (LA Mh A we County. Bes foes Bee fdr fey \ f arr ecace of NoncncHRoLINA. EO 47/0 CO OO COUNTY. In the Superior Court 4A f i | Mean fig Za 2 Le c% Zh tA : AGAINST ’ fi i “Lo ac ; tV ba tee : A141 Ny K ‘a o e =~ i OZ. thd Yrereerr Tite Ltt Yann arirb Bele Ca1214 We acknowledge ourselves bound unto $Y 5 ( J the defendant in this action, in the sum of Ce tt fl Ata Dollars, to be avoid, however, if the plaintift, Are, =, a p Z é : € 1ithd) + LLL 44 PO TAK « a2tate¢ shall pay the defendant * all such cost as the defendant ? may recover of the plaintiff in this &ction OP ff Witness our hands and seals. this 2 yi day of > Cate (Hh Ld A vMey Oe “Zee te ‘SEAL, - - ‘ Lorn SEAN, 4 hewn (SEAL, ZB: ¢ being sworn says he is worth the sum of two hundred dollars over and above his debts, liaty lities and property exempt from executions* s we Sworn to and subscribed before ae f $ by é Mis me this 2 F das oe. LULA Lt tet MLO ) a A 5 Seopa TPM ~ . Ny i} it ’ rl e A Ce r ag / * u Ay By y é Lr } . LA 24 2 pa n e s CL S , h- 2 l l a ( ee d oe fl a w e CI T E RS , b ae FO R RE L I E Yh X. ~ “ Pr u od 7 4 pe e r , O- U - 1 7 2 . 26 a se , SU M M ) B2 3 s& 2 e I It e : ty ph J) i4 C Ca v i n , Js YX . os SR NY Sy , 8 WS NO S NS =. N ‘\ ‘e o SS S a i. —_ Ca v i n , % de g u i c t e — | | nth Carhinh Safes Gas | +. | 772. J. Cavin : rin Leos Caw! Ere Cavin Bares Prackke Tribe Herre (772 LL, ies CA, Mite, Gane. bry Cae Powe Dian apf irl nth tally Miike: shia Rs aie L, hs herr Levan. Crtate J Bye oT Ob Bt, ZL 120°, Leo fore He wh 8 oy HM. AW fo 2 Ope be SO TL, ee E>-4 ——— [= Apt a corr fore bre ey ee og. Slam poe un ah ition G oe 1 -~ oe igs Mo, ih Cth lial piles eS On fon? Fog nant mel At Mla oe. Athy ct, ae fo peer or | ical he Cu ne... 3° Mugok ie fort ot. aon es 4 chm Prme-7 port pre. oe a i le Ga v i n , J. 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OY f ID Ys ben tle, LAS - 250 2ST A1t oI o,Z AA OO ZA7d3 O tl, OF 72 7S LO OO 4OO. CC 4-25 - S7OOD 44K 467) pr lo 7, Sf kev ff “7 O00 f-CoOo J, ff Fe @ BIG se fo Wi! PL 91s fous / Ag3 LP LZ Wy Gin Of fr “2 cr h 2G, 4 Min Ys "7 V eualo 49 Wie. S00 es Mabini Me aie 4.50 “2 2 gibi 7) fp pow Cy02 Ct oe MA GF VAG #f ft a Sa eras 2.28 $4 VE, Le 100 ¢ we — WOL ee Leeann tthe ny f IOP) S00 6 te Le, bard 4Z Ya barre ipet,> C77 Li ato ALC ae +“ ; / 4 Oritth ul lio ne Pz AIC 1 fOO0 thee oti a 5 oer bs : NUMBER 282-1.—JUDGMENT FOR DEFICIENCY,-WIDOW'S YEAR'S ALLOWANCE, ed and for sale at Harve Printing House, Weldon, N. C. eneniin’ Court— Wak tastes (es JUDGMENT FOR DEFICIENCY. ‘ J Bh this case the Commissioners who were appoingad to J Jas ofl ap allot to 7h ’ i Ji te, ‘ ALA u : \ A widow of AE A year’s allowance out of the crop, stock end proy, deceased husband, having filed a . a ry : showing a deficiency to the amount =: Kn___L a. Am. = 5 dollars 100 ‘It is therefore Ordered, | / Administrator of the ane : te Ph an ft . » 1) ze a .... deceased, the said sum ot ; a rd fj : e cs A ivtins 7 dollars, to be paid when personal| » to his hands, together with the costs ot this a CALE Ege dee ZD>D es — Clerk Superior Court. +" udgment for Deficiency. Ca v i n , J. Y. We meal dae AG (Ho algue> =e Se oe Pe BOS Brean ys ie 4 At C/c tr ath —. lags 1 L247 ‘ a F7 : DH). Mies % €&. Pipe AL . er Cy ie / ge wen ~~ a Dp & Corr 2 G JY 0? Ll“LU st le om et - LZ oF ge Ce oo a Z oe al a3 e’ Certe LE Sef : we At fet COE as s a: t Clan LE we a, Veen et LF, ecetLt srry, AeLre Me. C7L gy Ze a Caz re = 7, CezzetEe aa 62 ee veg Ue gtrte: avec’, i Be beg OL ML 2 Pees oe, : ae- <1727t~ceer OO Soy ae A are ee BMS Ag Ff we ce Cn~ct ee af <2 e. a 0o¢2¢e cece — Cz ce Zin ZO al y P53 Gaze Ce. oe bdaeee ais Joe Ceerc Cea. owes A aerl <2, ax Le ag, ZK fF AF OF BY sad S02 uke Career “ec Wert 4. = oh Ae {ieee tA 41 lee te a = : Varta pte a do - POM te occ Cer’ a 5% a LF e107 ain As Ca om Cc Ct. aia a Fz ie KeeHrz 7 apis Cze <o i CG *HlZ ‘sia 2 a BGR CEG 0 Loree LGA ti! OY aarir. ef Lh SL CH Cattr “Be Catt ag, pei S~ £75 e we ‘© SS Cfprneve LIZ - 4 2 tn I f “Cebit ST R Ta at Toe LanpMark Jon Orricr, Statesville, N.C Sr nneesenssseenuneusnsnessessnnane APPLICATION FOR LETTERS TESTAMENTART. Application for Letters Testamentary.—Printed and for sale spuienerimsiincaianteteieiaitstaiansanntandiienbibienahitiamamaiasemataesn tasimeneiineeassaies being duly sworn, doth Say: That af late of said County, is dead, having first made and published pa te veelast Will and Testament: and that..... 7 Ce is the executor named therein. Further, That the property of the said xg ° AY Bn. sc is worth about $ ao~ i 80 far as can he ascertained at the date of this application; and that are the parties entitled under said Will to the said property. Sworn to and subscribed before me this. ~¢eday) Clerk Superior Court. CATE OF EXECUTOR. STATE OF ey CAROLINA, ) a COUNTY. : to be and contain the last Will and Testament es SS.-In the Superior Court: do solemnly swear that I believe this paper writing that I will well and truly execute the same by first paving his debtsjand then his lewacies. so far as the said estate shai! extend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge accoiving to law, to the best of my skill and ability. So help me Gr Eb I. K. @ Fat sects LIS gu Cotte a pear Ee jonny QA? | d CL far ene ) Lav frenig Ant beat a Pid ae aQ?7 age ee ee Cottle Ae etl “o ot a ae (ane IGE tg C22 bir2- ae 26 BW fFtt TZ OF 4, Gut COV F< Ad APL OO % : ae Jolie, L3biyf9e trod w 4 2H “4 unt, 42 — ZaOd of oF, SO ZAI O Pil ae fe: Fama, ee 47 re ee 2S Your 6360 Aida ZauClet S06 00 Ud ] | q uR S N S ‘U I A R D uy o r ‘U I A R ) SPECIAL, PROCEEDING, 10 DAY SUMMONS. IREDELL COUNTY. IN THE SUPERIOR COURT. against SUMMONS THE STATE OF NORTH CAROLINA To the Sheriff of _Aredell ....County—GREETINGS! You are commanded to summon T.C.Cavin and wife, Fannie Cavin, R.L.Cavin and wife, Julia Cavin, Mrs. Minnie Mills and husband, Jimmie W. Mills, Mrs. John Sherrill and husband, John Sherrill, Mrs. Frances Brown and husband, W. Lem Brown, Mrs. Clara. Cavin, Mrs, Elizabeth Cavin, Jim Cavin and wife, Mrs. Jim Cavin, Mrs.L.W.Hicks, Mrs.J.A.Perry and husband, J.A.Perry, Mrs.L.J «Harrington and husband, L.J -Harrington, Mrs.E£.W.Allison and Joe Cavin and wife, Mrs. Joe husband, E.W.Allison, Glenn Cavin and wife, Leona Cavin, Cavin. —_.. bee ¢ the defendant..5__ above named, if they be found within your County, to appear before the Clerk of the Superior Court for the County of Iredell, at his office in Statesville, N. C., within ten (10) days after the day of service hereof, and answer the complaint, which has been filed in the office of the said Clerk of the Su- perior Court of said County, a copy of which is served herewith. And let..them_ ......take notice, that if __._ they fail to answer said complaint within the time above specified, 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... 9th __ day Rt? 2 a 2 Clerk Superior Court BONDS FOR COSTS We acknowledge our selves bound unto the defendant... in this action, in the sum of Two Hundred Dollars; to be void, however, if the plaintiff shall pay to the defendant all such costs as the defendant may recover of the plaintiff _ in this action. Witness our hands and seals, this day of (Seal) ...., being duly sworn, says that he is a resident and freeholder of sn peatataeinpeniaaemiiond w-n-v--n-nnnennneee-e-County, in the State of North Carolina, and is worth the sum of $ -- over and above all his debts and liabilities and exclusive of property exempt from execution. Subscribed and sworn to before me, this ly OF... Wa l t e r We d d i n g t o n an d wi f e , -- s _ é _M a n d y We d d i n g t o n , Pl a i n t i f f s , ag a i n s t ._D . Ca v i n , et al , De f e n d a n t s . SP E C I A L PR O C E E D I N G 10 DA Y SU M M O N S FO R RE L I E F ~ Re t u r n a b l e th e da y of 19 _ _ _ , 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 fo r Ir e d e l l Co u n t y . , Re c e i v e d Pr Se r v e d : fe e ee e by de l i v e r i n g a co p y of th e wi t h i n su m m o n s an d co p y of th e co m p l a i n t to ea c h of th e fo l l o w i n g de f e n d a n t s : "D e f e n d a n t s . Fe e , $_ Mi l e a g e Sh e r i f f By f ae s D. Pl a i n t i f f ' s At t o r n e y . Ca v i n , Jo h n Ca v i n , Su s a n El l e n Re t u r n a b l e th e _ 1 9 t h da y of _ _ _ Ma y 19 4 0 _ , in t o th e of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t fo r Ir e d e l l Co u n t y . Re c e i v e d / y £ Se r v e d Ae by de l i v e r i co p y of th e wi t h i n su m m o n s an d & co p y of th e co m p l a i n t to ea c h of th e fo l l o w i n g de f e n d a n t s : 19 4 0 19 4 0 T. C. Ca v i n an d wi f e , Fa n n i e Ca v i n , R. L. Ca v i n an d wi f e , Ju l i a Ca v i n , Mr s . Mi n n i e Mi l l s an d hu s b a n d , Ji m m i e W. Mi l l s , Mr s . Jo h n Sh e r r i l l an d hu s - ba n d , Jo h n Sh e r r i l l , Mr s . Fr a n c e s Br o w n an d hu s b a n d , W. Le m Br o w n , Mr s . Cl a r a Ca v i n , Mr s . El i z a b e t h Ca v i n , Ji m Ca v i n an d wi f e , Mr s . Ji m Ca v i n , Mr s . L. W. Hi c k s , Mr s . J. A. Pe r r y an d hu s b a n d , J. A. Pe r r y , Mr s . L. Jd . Ha r r i n g t o n an d hu s b a n d , L. J. Ha r r i n g - to n , Mr s . E. W. Al l i s o n an d hu s b a n d , E. W. Al l i s o n , Gl e n n Ca v i n an d wi f e , Le o n a Ca v i n , Jo e Ca v i n an d wi f e , Mr s . Jo e Ca v i n . De f e n d a n t s . r _~ f U d . [f o n “e e Sh e r i f f x By £2 , Ad a m s , De a r m a n & Wi j f A b e r r y Pl a i n t i f f ' s At t o r n e y . Ir e d e l l Ud ] ] q UR S N S ‘U I A R D uy o r ‘u I A R D ~- ° 2. SPECIAL PROCEEDING, 10 DAY SUMMONS. IREDELL COUNTY. IN THE SUPERIOR COURT. against SUMMONS THE STATE OF NORTH CAROLINA To the Sheriff of ...... Row: --.----.----County—GREETINGS: You are commanded to summon 2: D. Cavin. and wife, Katie Cavin, the defendant.$_ above named, if_. they be found within your County, to appear before the Clerk of the Superior Court for the County of Iredell, at his office in Statesville, N. C., within ten (10) days after the day of service hereof, and answer the complaint, which has been filed in the office of the said Clerk of the Su- perior Court of said County, a copy of which is served herewith. And let._ them _ ...take notice, that . ee. ee to answer said complaint within the time above specified, 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. “? vA y of 4M. 7, 19.40 Te, KYY7 UT. Clerk Superior Court Iredell County. Given under my hand and seal of said Court, this. 9th Mh BONDS FOR COSTS We acknowledge our selves bound unto the defendant__. in this action, in the sum of Two Hundred Dollars; to be void, however, if the plaintiff shall pay to the defendant. all such costs as the defendant may recover of the plaintiff . in this action. Witness our hands and seals, this day of : “ae (Seal) (Seal) , being duly sworn, says that he is a resident me SeNOeNeT 08 ; ---------~-County, in the State of North Carolina, and is worth the sum of $ .... over and above all his debts and liabilities and exclusive of property exempt from execution. Subscribed and sworn to before me, this day of en AD A M S , DE A R M A N & WI N B E R R Y —— — — SS ee Ss ag a i n s t E. D . C a v i n , et al , De f e n d an t s . io Seb o der s i n g e lo a n e d se c e d i n g ag u s s o n a e u n n i i b i n c n b i a l i a a & SP E C I A L PR O C E E D I N G 10 DA Y SU M M O N S FO R RE L I E F Re t u r n a b l e th e lg t h . da y of 19 4 0 , 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 fo r Ir e d e l l Co u n t y . Re c e i v e d aa ) Os 4 . . jo s Se r v e d __ . 4. : j by de l i v e r i n g 2 a - co p y 0 th e wi t h i n su m m o n s an d a co p y of th e co m p l a i n t to ea c h of th e fo l l o w i n g de f e n d a n t s : E. D . C a v i n an id wi f e , Ka t i e Ca v i n do o ; De f e n d a n t s . Fe e , $ Cx . ee ea g e , $ AQ 2 aN tt h e ed n Ch u n of Ro w a n __ _ - C o u n t y . x nV y c o r Me r y D. S. Ad a m s , De a r m a n & Wi n b e r r y _ a Fe Pl a i n t i f f ’ s At t o r n e y . St a t e s v i l l e , N. C . ( R e t u r n to Ad a m s rm a n & Wi n b e r r y , S t a t e s v i l l e , N. C . ) Ca v i n , Jo h n Ca v i n , Su s a n El l e n ud } } q ue s n s ‘U I A R D uy o r ‘u l A R d - -s ee SPECIAL PROCEEDING, 10 DAY SUMMONS. IREDELL COUNTY. IN THE SUPERIOR COURT. against \ SUMMONS THE STATE OF NORTH CAROLINA To the Sheriff of ____ Anson County —Greetincs: You are commanded to summon ...Mrs. J. Harrington and husband, J. Harrington, 0. the defendant.S... above named, if... they be found within your County, to appear before the Clerk of the Superior Court for the County of Ircdell, at his office in Statesville, N. C., within ten (10) days after the day of service hereof, and answer the complaint, which has been filed in the office of the said Clerk of the Su- perior Court of said County, a copy of which is served herewith. And let them take notice, that if they. fail. to answer said complaint within the time above specified, the plaintiffs. 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... 9th __ day Z p Ea cM Silicon 2 19.40 BONDS FOR COSTS We acknowledge our selves bound unto the defendant... in this action, in the sum of Two Hundred Dollars; to be void, however, if the plaintiff shall pay to the defendant. all such costs as the defendant _ may recover of the plaintiff... in this action. Witness our hands and seals, this. day of ; io aa SL oS A eee (Seal) (Seal) _.., being duly sworn, says that he is a resident and freeholder of a ; eee e-eeCounty, in the State of North Carolina, and is worth the sum of $_................. over and above all his debts and liabilities and exclusive of property exempt from execution. Subscribed and sworn to before me, this ~W a l t e r . W e d d i n g t o n an d wi f e , _M a n d y We d d i n g t o n , Pl a i n t i f f s , % pe e . AD A M S , DE A R M A N & WI N B E R R Y =e _E . D, Ca v i n , et al , De f e n d a n t s . SP E C I A L PR O C E E D I N G 10 DA Y SU M M O N S FO R RE L I E F Re t u r n a b l e th e __ 1 9 t h d a y of #4 0 . , 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 -o u r t fo r Ir e d e l l Co u n t y . Xe c e i v e d py of th e wi t h i n su m m o n s an d Mr s . _ J . . H a r r i n g t o n an d hu s b a n d , _ a. Ha r r i n g t o n , Co u n t y . Be e ae d BS . Ag a m s , De a r m a n & Wi n b e r r y _ ’ Pl a i n t i f f ' s At t o r n e y . - St a t e s v i l l e , N. C. (R e t u r n to Ad a m s , De a r m a n & Wi n b e r r y , St a t e s v i l l e , N. C. ) Ca v i n , Jo h n Ca v i n , Su s a n El l e n uy o r “u l A e g ua a uR s n g ‘u I A R ) steno SPECIAL PROCEEDING, 10 DAY SUMMONS. IREDELL COUNTY. IN THE SUPERIOR COURT. against SUMMONS THE STATE OF NORTH CAROLINA To the Sheriff of ....GUilford County—GREETINGS: You are commanded to summon Roberta Cavin, Lucille Cavin, Ada Cavin Helmstetler and. husband, Dallas Helmstetler, Vera Cavin, Juanita Cavin, the defendant..S.. above named, if......they ; be found within your County, to appear before the Clerk of the Superior Court for the County of Iredell, at his office in Statesville, N. C., within ten (10) days after the day of service hereof, and answer the complaint, which has been filed in the office of the said Clerk of the Su- perior Court of said County, a copy of which is served herewith. And let.....them take notice, that if __..._they. fail to answer said complaint within the time above specified, 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....9th : Wf Clerk Superior BONDS FOR COSTS We acknowledge our selves bound unto - shall pay to the defendant... all such costs as the defendant may recover of the plaintiff... in this action. Witness our hands and seals, this... day of —. Same eh Ceo ae |e ee oak (Seal) (Seal) .........» being duly sworn, says that he is a resident and freeholder of-...... -....---..-.....---.....-...--.--------------County, in the State of North Carolina,‘and is worth the on of §......... .... over and above all his debts and liabilities and exclusive of property exempt from execution. Subscribed and sworn to before me, this day of — ie Wa l t e r We d d i n g t o n an d v i f e , Ma n d y We d d i n g t o n , Pl a i n t i f f s AD A M S , DE A R M ag a i n s t SS NS E R R Y __ E . D . C a v i n , et al , D e f e n d e n t s . SP E C I A L PR O C E E D I N G 10 DA Y SU M M O N S FO R RE L I E F £9 . 4 0 , 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 -o u r t fo r Ir e d e l l Co u n t y . by de l i v e r i n g a co g f e o f th e wi t h i n su m m o n s an d a co p y of th e co m p l a i n t to ea c h of th e fo l l o w i n g de f e n d a n t s : Ro b e r t a Ca v i n , Lu c i l l e Ca v i n , Ad a Ca v i n He l m s t e k b e r an d hu s b a n d , Da l l a s He l m s t e t l e r , Ve r a Ca v i n , an d Ja a n i t e Ca v i n , an d wi t h Ro b e r t a Ca v i n , m o t h e r of Ve r a Ca v i n an d Ju a n i t a Ca v i n , mi n o r s . -_ A d a m s , D e a r m a n & Wi n b e r r y : Pl a i n t i f f ' s At t o r n e y . Sh a t e s v i l l e , N . C . 8 * (R e t u r n to Ad a m s , D e a r m a n & Wi n b e r r y , St a t e s v i l l e , N. C . ) Ca v i n , Jo h n Ca v i n , Su s a n El l e n ua t | q uB S N S “U I A R D SUPERIOR COURT . In Accordance With Chapter 66 - SUMMONS Public Laws 1927 IREDELL COUNTY—In the Superior Court. AGAINST E. D. Cavin, et al eda: in, SUMMONS FOR RELIEF ee THE STATE OF N ORTH CAROLINA, To THE SHERIFF OF jiecieald County—GREETI N@: You are Heresy Comm \NDED TO SUMMoNs.. nnd. Rattles, .duardian Ad Litem for Vera be found within your County, to be and appear at the office of the Clerk of the Superior Court, for the County of Iredell, at the Court House in Statesville, not later than THIRTY DAYS from date of service of this summons, and answer the complaint, a copy of which is hereto at- tached, (or which will be filed in the office of Clerk of Superior Court of Iredell County within the time as set out in the attached order) and let the said defendant... take notice that if... ne senna apateg fail to answer the said com- plaint within the time 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 se - eee snensneuavaseeeesnonsanonesessassesssasnssssesnseessespeessesesssessse vu U0 *P o A T E M ‘p e q d e o o e I 20 T A L uy o f “u I A R ) 8S A *q u t e T d mm g ay y jo ua | | q ue B s n s ‘u I A R D 29 32 24 2 st y jo pu e UT A su o t pu e UY I M 94 ue Aq ad T A I e s pu e e4 t u e n p Jo y We y T T py ue t p z e n y - ‘ — UA E ? 2 JO Yd T e o e r aZ p a t m o u y o e su o t u m s ut jo £d o o Ja o T I I O “O 7 6 T Se u n r e jo fe p a au } St ah —— se e g e p a a e e s e e Ta nn e n u n e n e e s e n e s e s s e s e s n e n e n a n o n e n e s s e e s e t e n s e s e s e e s s a n t e s we n c e s c e o r e s s s o c e s c c s o o o s c s c o o s s e e s en BO A T9 G “T e ts a r yy ad ie l a c s i n i a i a l a n n e i i n e l i n i p a i s h e e i a ae s SA {1 9 4 Jo y su o u m m n e LH N O O BA O I W A d A S 17 "6 I \ sc e s e e s s e n s e s s e e s e n e n s s o s e s e s s n s s s o n e s s e s e n e n s e s s e s e o s s e n s e n s e s s s e c s c s s n e o s e n e c e s Po a 19 0 0 3 ] - z i R e > sp i c y | be We, and each of us, acknowledge ourselves bound unto the Defendant... herein named in this action in sum of two hundred dollars, to be void however, if the within named Plaintiff... hall pay the defendant such costs as the Defendant may recover of the Plaintiff... in this action. Witness our hand and seal......... this the lds Sion i wnehicstidnalsicboiemnaibacs siomelainninode 19 (SEAL) (SEAL) (SEAL) ..maketh oath that he is a resident of NDRED dollars over and above all his “Clerk Superior ud | [ q uR S N S ‘U I A R D uy o r “u l A e d NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Walter Weddington and wife, Mandy Weddington, Vs. PETITION AND MOTION FOR GUARDIAN AD LITEM E. D. Cavin and wife, Katie Cavin, et al. NOW COMES, Walter Weddington, one of the plaintiffs in the above entitled action, and respectfully shows to the Court: ole That this is a special proceeding for the purpose of selling for division the land described in paragraph No. 4 of the Petition; that the defendants, Vera Cavin and Juanita Cavin, are minors; that the aforesaid minors are tenants in common with the other defendants, and with this plain- tiff, in said land, and are necessary parties to this proceeding. ~Zu That the minors, Vera Cavin and Juanita Cavin, are without a general or testamentary Guardian, and it is necessary that a Guardian Ad Litem be ap- pointed to represent them. ae That on the llth day of May, 1940, the summons in this cause, together with a copy of the Petition, was served upon each of the aforesaid minors, and also upon Mrs. Roberta Cavin, the mother of the minors, wnlien That it is alleged in the Petition filed by the plaintiffs, that Vera Cavin and Juanita Cavin are minors, and the plaintiffs pray therein that the Court appoint a Guardian Ad Litem to represent the infant defendants. Su That neither of the aforesaid minors, nor their mother, Mrs. Roberta Cavin, nor anyone else on their behalf, has made application to the Court for the appointment of a Guardian Ad Litem. ud | | { q ue s n s ‘U I A R D uy o f ‘u l A e d WHEREFORE, The undersigned plaintiff prays that some suitable, fit, and competent person be appointed Guardian Ad Litem for the minor defendants, Vera Cavin and Juanita Cavin, and he be authorized and direct- ed to appear and defend this action on their behalf. bt A940. Respectfully submitted, this nt day of Walk. Weablig D37 Plaintiff J Subscribed and sworn.to before me, tf Gal this 7 day of fey, 1940. Notary Public My commission expires: Marvel 16 1g¥l ud y ] q uR s n s ‘U I A R D uy o f “u l A R e y NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Walter Weddington and wife, Mandy Weddington, Vs. ORDER APPOINTING GUARDIAN AD LITEM E. D. Cavin and wife, Katie Cavin, et al. This cause coming on to be heard, and being heard upon the Peti- tion for sale of land for division, and the foregoing Petition and Motion for the appointment of a Guardian Ad Litem for the infant defendants, Vera Cavin and Juanita Cavin, the Court finds: ole That Vera Cavin and Juanita Cavin are minors without a general or testamentary Guardian. -2= That the aforesaid minors are tenants in common with the other defendants, and with the plaintiff, Walter Weddington, in the land described in paragraph No. 4 of the Petition. ‘ttn That the summons, together with a copy of the Petition in this action was served on each of the minor defendants on May 11, 1940, and also, upon their mother, Mrs. Roberta Cavin, on the same date. ales It is alleged in the Petition that the aforesaid minors are with- out a general or testamentary Guardian, and the plaintiff prays therein that the Court appoint a Guardian Ad Litem to represent them. at That neither of the aforesaid minors, nor their mother, Mrs. Roberta Cavin, nor any person, other than the plaintiff, has made application to the Court to have a Guardian Ad Litem appointed for the aforesaid infant defendants. ud t ] q ue s n g ‘u I A R D uy o f ‘U I A R D ‘cs After due inquiry as to the fitness of the person to be appointed as Guardian Ad Litem for the aforesaid infant defendants, it is found as a fact by the Court that W. R. Battley is a discreet, fit, suitable, and competent person to act as Guardian Ad Litem for the afore- said: defendants. IT IS, THEREFORE, ORDERED, That W. R. Battley be, and he is hereby appointed, Guardian Ad Litem of the infant defendants, Vera Cavin and Juanita Cavin, in this action for the sale of land for division, and he is authorized and directed to appear and defend the same, as Guardian Ad Litem, on behalf of the aforesaid infant defendants. This 7 vA day of dune, 1940. on) at he LE Sethe “ Clerk of Superior Court of Iredell County I accept appointment as Guardian Ad Litem for the infant defendants, Vera Cavin and Juanita Cavin. I acknowledge receipt of a copy of the summons and a copy of the Petition, and service of the same by an officer is waived. This 7K day of June, 1940. V ud ] | q ue s n g ‘U l A R D uy o f “‘ u l A R D ) ~ MAY 1940 ; BL NORTH CAROLINA, B Allee... In the Superior Court IREDELL COUNTY. OO es wit Before the Clerk Walter Weddington and wife, Mandy Weddington, Plaintiffs, Vs. E. D. Cavin and wife, Katie Cavin, T. C. Cavin and wife, Fannie Cavin, R. L. Cavin and wife, Julia Ca- vin, Mrs. Minnie Mills and husband, Jimmie W. Millis, Mrs. John Sherrill and husband, John Sherrill, Mrs. Frances Brown and husband, W. Lem Brown, Mrs. Clara Cavin, widow, Mrs. Elizabeth Cavin, widow, Jim Cavin PETITION FOR SALE OF and wife, Mrs. Jim Cavin, Mrs. L. W. Hicks, widow, LAND FOR DIVISION Mrs. J. A. Perry and husband, J. A. Perry, Mrs. L. J. Harrington and husband, L. J. Harrington, Mrs. J. Harrington and husband, J. Harrington, Mrs. E. W. Allison and husband, E. W. Allison, Glenn Cavin and wife, Leona Cavin, Joe Cavin and wife, Mrs. Joe Cavin, Mrs. Roberta Cavin, widow, Lucile Cavin, single, Mrs. Ada Cavin Helmstetler and husband, Dallas Helmstetler, Vera Cavin, single, and Juanita Cavin, single. Defendants. NOW COME, the plaintiffs in the above entitled proceeding, and respect- fully show to the Court: alee That the plaintiffs are residents and citizens of Iredell County, North Carolina. ax That the defendants, E. D. Cavin and wife, Kattie Cavin, are residents of Rowan County, North Carolina; that the defendants, Mrs. J. Harrington and hus- band, J. Harrington, are residents of Anson County, North Carolina; that the de- fendants, Mrs. Roberta Cavin, Lucille Cavin, Mrs. Ada Cavin Helmstetler and hus- band, Dallas Helmstetler, Vera Cavin, and Juanita Cavin are residents of Guilford County, North Carolina; that all of the other defendants are residents of Iredell County, North Carolina. on, That John Cavin, under Article 10 of his will recorded in Will Book 6, page 268, devised all of the remainder of his land to his wife, Susan Ellen Cavin, ud ] ] q uR s N g “U I A R D uy o r “‘ u l A e D which appears to be 55 acres, more or less; that Susan Ellen Cavin, by her will which is recorded in Will Book 7, page 166, devised the above tract of land as follows: 10 acres to her daughter, Ellen; 10 acres to her daughter Ida; and the remainder equally to her five daughters, Mary, Jane, Ida, Ann, and Ellen; that Mary died intestate in 1918, leaving as her heirs, her sisters, Ida, Ellen, Jane, and Ann, her brother, Jim Cavin, and the descendants of Lafayette Cavin and John Y. Cavin, two deceased brothers; that Jane died intestate in 1925, leaving as her heirs, her sisters, Ida, Ellen, and Ann, her brother, Jim Cavin, and the descendants of Lafayette Cavin and John Y. Cavin, two deceased brothers; that Ida, Ellen, and Ann Cavin died in 1937, and by virtue of their will, which is recorded in Will Book 11, page 140, Walter Weddington is the owner in fee simple of the 10 acres devised to Ellen, and the 10 acres devised to Ida by the will of Susan Ellen Cavin, and has a 4/5 undivided interest in the land devised equally to the five daughters of Susan Ellen Cavin, above referred to, and which tract of land is described in the following paragraph; that the defendants, who are heirs at law of Lafayette Cavin, Jim Cavin, and John Y. Cavin, have a 1/5 undivided interest in said tract of land by inheritance from Mary and Jane Cavin. dk That the plaintiff, Walter Weddington, and the defendants are tenants in common, seized in fee simple, and in possession of the following described land: Lying and being in Fallstown Township, Iredell County, North Carolina, and particularly described as follows: All of that certain tract of land, containing 35 acres, more or less, and devised by the will of Susan Ellen Cavin, which is recorded in Will Book 7% page 166, in the office of the Clerk of the Superior Court of Iredell County, to be divided equally between her five daughters, Ida, Ellen, Mary, Jane, and Ann Cavin, and being all of that tract of land devised to Susan Ellen Cavin by Article 10 of the will of her husband, John Cavin, which is recorded in Will Book 6, page 268, in the office of the Clerk of the Superior Court of Iredell County, except ten acres devised by Susan Ellen Cavin to her daughter, Ellen Louise, and ten acres devised to her daughter, Ida, all of which appears by her will above referred to. This is the tract of land referred to in paragraph 3, as being owned by Walter Weddington and the defendants as tenants in common. Sun That the interest of the petitioner, Walter Weddington, whose wife is Mandy Weddington, in the above described land is a 4/5 undivided interest. ans uy o f “u l A R e y That the names of the defendants that have an interest in the above ua t ] q ue s n g ‘u I A R D land, and the names of their husbands and wives, where they have any, and the interestsof the defendants as individuals in the above described land are as follows: A. The following, who are heirs of John Y. Cavin, deceased, a broth- er of Mary and Jane Cavin. 1. E. D. Cavin, whose wife is Kattie Cavin, 1/75 undivided interest. 2. T. C. Cavin, whose wife is Fannie Cavin, 1/75 undivided interest. R. L. Cavin, whose wife is Julia Cavin, 1/75 undivided interest. Mrs. Minnie Mills, whose husband is Jimmie W. Mills, 1/75 un- divided interest. Mrs. John Sherrill, whose husband is John Sherrill, 1/75 undi- vided interest. B. The following, who are heirs of Lafayette Cavin, deceased, a broth- er of Mary and Jane Cavin. 1. Mrs. Frances Brown, whose husband is W. Lem Brown, 1/30 undivid- ed interest. 2. Mrs. Clara Cavin, widow of J. P. Cavin, 1/30 undivided interest. C. The following, who are heirs of Jim Cavin, deceased, a brother of Mary and Jane Cavin. 1. Elizabeth Cavin, widow of Jim Cavin, dower in 1/15 undivided interest. Jim Cavin, whose wife is Mrs. Jim Cavin, 1/135 undivided in- terest, subject to the above dower. Mrs. L. W. Hicks, widow of L. W. Hicks, 1/135 undivided inter- est, subject to the above dower. Mrs. J. A. Perry, whose husband is J. A. Perry, 1/135 undivided interest, subject to the above dower. Mrs. L. J. Harrington, whose husband is L. J. Harrington, 1/135 undivided interest, subject to the above dower. Mrs. J. Harrington, whose husband is J. Harrington, 1/135 undi- vided interest, subject to the above dower. Mrs. E. W. Allison, whose husband is E. W. Allison, 1/135 undi- vided interest, subject to the above dower. Glenn Cavin, whose wife is Leona Cavin, 1/135 undivided interest, subject to the above dower. ud | | q ue s n s ‘u I A R D uy o r ‘u l A e y Joe Cavin, whose wife is Mrs. Joe Cavin, 1/135 undivided in- terest, subject to the above dower. - The following, who are heirs at law of Clarence Cavin, deceas- ed, a son of Jim Cavin. (a) Roberta Cavin, widow of Clarence Cavin, dower in 1/135 undivided interest, subject to the dower of Elizabeth Cavin. (b) Lucille Cavin, unmarried, 1/540 undivided interest, sub- ject to the dower of Elizabeth Cavin and Roberta Cavin. (c) Ada Cavin Helmstetler, whose husband is Dallas Helmstet- ler, 1/540 undivided interest, subject to the dower of Elizabeth Cavin and Roberta Cavin. (d) Vera Cavin, unmarried, 1/540 undivided interest, subject to the dower of Elizabeth Cavin and Roberta Cavin. (e) Juanita Cavin, unmarried, 1/540 undivided interest, subject to the dower of Elizabeth Cavin and Roberta Cavin. alfa That the petitioner, Walter Weddington, desires to hold his interest in the above described land, or the proceeds thereof, in severalty. <<. That an actual partition of the land cannot be made without injury to the interested parties, owing to the small amount of land which each would be entitled by a division. the ee That the sale of/land would be more advantageous to all parties in- terested than an actual partition thereof. -10- That Mrs. Elizabeth Cavin, who is entitled to dower in a 1/15 undivid- ed interest was born May 14, 1862. #ll- That Mrs. Roberta Cavin, who is entitled to dower in a 1/135 undivided interest, subject to the dower of Mrs. Elizabeth Cavin, was born February 7, 1891. a That all parties who have an interest in the land herein described are parties to this proceeding. -13- That all parties to this proceeding are over 21 years of age except the following: Vera Cavin, 17 years of age, and Juanita Cavin, 14 years of age; that the aforesaid minors are without a general or testamentary Guardian, and it is uy o r ‘u l A R d necessary that a Guardian Ad Litem be appointed to represent them. ud | | q uR s N g ‘U I A R D ih That under Article 1 of the Will of John Cavin, recorded in Will Book 6, page 268, in the office of the Clerk of the Superior Court of Iredell County, John Y. Cavin was devised thirty acres of land, which is described as follows: Beginning at a stone, Haithcox's corner and running with his line South 10 West 213 poles to a stone Haithcox's corner; thence North 86 West 84 poles to a stone Mill's corner; thence North 4 East 33 poles to a stake on the creek bank; thence North 50 East 52 poles to a stone; thence South 66 East 103 poles to a stake in Brown's line; thence North 83 West 42 poles to the begin- ning, containing 30 acres. (See Deed of the heirs of John Y. Cavin, conveying this land to A. G. Brown, recorded in Book 47, page 413.) That all of the heirs of John Y. Cavin are parties to this proceeding, and the above described land has been accepted by them as the land devised to John Y. Cavin in the Will of John Cavin, above referred to. Se That under Article 2 of the Will of John Cavin, recorded in Will Book 6, page 268, in the office of the Clerk of the Superior Court of Iredell County, Lafayette Cavin was devised a 2 acre tract of land, and a 43 acre tract of land, which are described as follows: A. Beginning at a sweet gum in Brown's line, and running thence with his line North 18 West 214 poles to a stake Cavin's old corner; thence East 12 poles to a stone to Scrogg's and Cavin's corner; thence with Scrogg's old line North 50 poles to a pine, his corner; thence with his other line West 80 poles to the Cavin corner, in the Rimer old line; thence South 4 West 825 feet to an iron; thence South 103 West 1287 feet to an iron; thence North 27} East 880 feet to an iron at the mouth of the branch; thence North 803 East 662 feet to a black oak; thence North 51 East 330 feet to an iron; thence South 50 East 198 feet to the beginning, containing 45.1 acres, more oi less. (For a further description of this land, see the Deed by the heirs of Lafayette Cavin to C. H. Brown, re- corded in Book 60, page 545, conveying 21 acres, and the plat in Plat Book 3, page 24, showing in the northern corner a tract of 24.1 acres under the name of Mrs. J. P. Cavin.) B. Beginning at an iron on the Moltth side of farm road, W. L. Wedding- ton's corner and running with W. L. Weddington's line North 44° East 226 feet to an iron; thence still with W. L. Weddington's line, South 743° West 410 feet to an iron; thence still with W. L. Weddington's line, South 43° West 226 feet to an iron; thence still with W. L. Weddington's line, North 743° East to the point of beginning, containing two (2) acres more or less. This tract being situated di- rectly in front of W. L. Weddington's residence and being bounded on all sides by the lands of W. L. Weddington, and being the tract on which the small dwelling house stands, the same being referred to in the Will. ud | | q ue s n s ‘u A uy o r ‘U I A R D That all of the heirs of Lafayette Cavin are parties to this proceed- ing, and the above described land has been accepted by them as the land devised to Lafayette Cavin by the Will of John Cavin, above referred to. -16- That under the Will of Ida, Ellen, and Ann Cavin, recorded in Will Book 11, page 140, in the office of the Clerk of the Superior Court of Iredell County, Jimmie Mills and wife, Minnie Mills, were devised five acres of land, and the same has been surveyed off as provided by the Will, and is described as follows: Beginning at a rock, and running thence with L. A. Brown's line South 54° 5 minutes East 1063 feet to an iron; thence North 50° East 210 feet to an iron; thence North 54° 5 minutes West 1063 feet to an iron; thence South 50° West 210 feet to the beginning, containing 5 acres, more or less, (See the plat in Plat Book 3, page 24, showing the above des- cribed land in the Southwest corner. ) That Jimmie Mills and wife, Minnie Mills, are parties to this pro- ceeding, and the above described land has been accepted by them as the land devised to them by the aforesaid Will. ite. That under the Will of Ida, Ellen, and Ann Cavin, recorded in Will Book 11, page 140, in the office of the Clerk of the Superior Court of Iredell County, Lem Brown and wife, Frances Brown, were devised ten acres of land, and this land has been surveyed off as provided in the Will, and is described as follows: Beginning at the Northwest corner of the five acres devised to Jimmie Mills and wife, and running thence with that line South 54° 5 minutes East 1063 feet to an iron; thence North 50 East 422 feet to an iron; thence North 54° 5 minutes West 1063 feet to a point in the old Cavin line; thence with the same South 50° West 422 feet to the beginning, containing 10 acres more or less. (The plat in Plat Book 3, page 24, shows this tract of land in the Southwest corner thereof. ) That Lem Brown and wife, Frances Brown, are parties to this proceeding, and have accepted the above described land as the land devised to them by the aforesaid Will. WHEREFORE, the petitioners pray the Court: 1. That an order be made that the land described in paragraph 4 be sold for division among the tenants in common herein set forth. uy o r “U I A R D ud | [ q uR s N g “U I A R D 2. That the dower of Mrs. Elizabeth Cavin, and Mrs. Roberta Cavin, be determined in cash under the Mortuary Tables. 3. That the Court appoint C. B. Winberry as Commissioner to sell the land described in paragraph 4, after due advertisement, to the highest bidder, for cash, and report his proceedings in regard to said sale within ten days after the sale into the office of the Court. 4. That a Guardian Ad Litem be appointed to represent the infant defendants, Vera Cavin and Juanita Cavin. 5. For such other and further relief, as may be just and proper. ae i “Attorneys for the Petitlioners Statesville, North Carolina uy o r ‘u I A R D NORTH CAROLINA, IREDELL COUNTY. ud | ] q ue s n g ‘U I A R D Walter Weddington and Mandy Weddington, each being duly sworn, depose and say that they are the plaintiffs in the above entitled special proceeding; that they have read the foregoing Petition, and know the con- tents thereof, and that the same is true of their own knowledge, except as to those matters and things therein stated on information and belief, and as to those they believe it to be true. US wr UW) Morus re ges ae ag Subscribed and sworn to before me, this the G, day of May, 1940. Notary Public My Commission expires: anal /6, / F wohl NORTH CAROLINA, Vs In the Superior Court Before the Clerk uy o r “U I A R D COUNTY. ud | | q uR s n s ‘u I A R D Q ) ) ) p i Q uy o r ‘u l A e d ud ] ] q uR S N S ‘U I A R D NORTH CAROLINA TOR COURT RPT WT VOL IS dod no He) De. Cavin and wife, Katie Cavin, Ce. Cavin and wife, Fannie Cavin, et al DEFENDANTS Battley, guardian ad litem tS, answerin ana filed first being duly sworn That we duly pointed guardian ad litem for Ve1 Cavin and Juanita Cavin i defendants, by the Cl * the t of Iredell Count; at has read the foregoing 4 answer and that the same is true of his own knowledze except those matters and things therein stated upon information and belief, and as to those, he believes it to be truée Sworn to and subscribed before we this the 7 aa; of June, 1940, uy o r ‘U l A e d ud y ] q ue s n s ‘u l A R ) Agila m COURT ud ] } q uR s N S ‘U I A R D uy o f “u l A e y NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Valter Weddington and wife, Mandy Weddington, Plaintiffs, ORDER TO SELL Vs. LAND FOR DIVISION E. D. Cavin and wife, Katie Cavin, et al, Defendants. This cause coming on to be heard, and being heard, before the undersigned Clerk of the Superior Court of Iredell County, North Carolina, upon the Petition filed by the plaintiffs, the summonses, the answer of W. R. Battley, Guardian Ad Litem for the infant defendants, Vera Cavin and Juanita Cavin, and other data and information before the Court, and it ap- pearing to the Court: a That this is a special proceeding for the purpose of selling for division the land described in paragraph 4 of the Petition, in which land the petitioner, and the defendants, are tenants in common. oZe= That on the 9th day of May, 1940, the petitioners filed with this Court a duly verified Petition. we That on the 9th day of May, 1940, this Court issued a summons to the Sheriff of Iredell County for all of the defendants residing in Iredell County, which summons was returnable as provided by law; that the summons was served personally on all of the defendants in Iredell County on the llth day of May, 1940, by leaving with each of them a copy of the summons, and a copy of the Petition. odie That on the 9th day of May, 1940, this Court issued a summons to the Sheriff of Anson County for all of the defendants residing in Anson Ud | ] q uR S N S ‘U I A R D uy o r “u l A R D County, which summons was returnable as provided by law; that the summons was served personally on all of the defendants in Anson County on the llth day of May, 1940, by leaving with each of them a copy of the summons, and a copy of the Petition. we That on the 9th day of May, 1940, this Court issued a summons to the Sheriff of Rowan County for all of the defendants residing in Rowan County, which summons was returnable as provided by law; that the summons was served personally on all of the defendants in Rowan County on the 10th day of May, 1940, by leaving with each of them a copy of the summons, and a copy of the Petition. ta That on the 9th day of May, 1940, this Court issued a summons to the Sheriff of Guilford County for all of the defendants residing in Guilford County, which summons was returnable as provided by law; that the summons was served personally on all of the defendants in Guilford County on the llth day of May, 1940, by leaving with each of them a copy of the summons, and a copy of the Petition. hu That summons was served personally on the infant defendants, Vera Cavin and Juanita Cavin, who reside in Guilford County, on the llth day of May, 1940, by leaving with each of them, and with their mother, Mrs. Roberta Cavin, a copy of the summons, and a copy of the Petition. aSa That all parties who have an interest in the land described in paragraph 4 of the Petition have been made parties to this proceeding, and have all been duly served with summons. ate That W. R. Battley has been duly appointed Guardian Ad Litem for the infant defendants, Vera Cavin and Juanita Cavin, and as such, he has filed an answer admitting all of the allegations of the Petition, and praying that the Court protect the interests of his wards. uy o r “u l A e s d ua t | q ue s n s ‘u I A R D Ov e l -10~ That the defendants, T. C. Cavin and Mrs. Frances Brown, through their Attorneys, Lewis and Lewis, were verbally granted an extension of time in which to file an answer, or otherwise plead; that the time for these defendants to answer, or otherwise plead, expired on June 6, 1940, and Lewis and Lewis, Attorneys for these defendants, have filed with the Court a written instrument in which they state that the time has expired, and that neither of these defendants desires to file an answer, or otherwise plead, in this proceeding. ll. That none of the other defendants have filed an answer, or other pleading, and there has been no extension of time in which for them to plead, and that the time allowed by law for them to answer, or otherwise plead, has now expired. olen That the petitioner, Walter Weddington, and the defendants, who are heirs at law of Mary Cavin and Jane Cavin, are tenants in common, seized in fee simple, and in possession of the land described in paragraph 4 of the Petition. atte. That the interests of the petitioner, Walter Weddington, and of the defendants, who are heirs at law of Mary Cavin and Jane Cavin, in the land described in paragraph 4 of the Petition, are as set forth in the Petition. -14- That an actual partition of the land described in paragrpah 4 ot the Petition cannot be made without injury to the petitioners and the defend- ants, due to the small amount of land that each would be entitled to, and that a sale of said land would be more advantageous to all of the parties interested than a division thereof. alSe That Mrs. Elizabeth Cavin has a dower interest in the land des- cribed in paragraph 4 of the Petition, as set forth in the Petition, and for ud | | q uR s N g ‘U I A R D uy o r “u l A R D the purpose of ascertaining her dower in cash, the Court finds that she was born May 14, 1862. mi Ge That Mrs. Roberta Cavin has a dower interest in the land described in paragraph 4 of the Petition, as set forth in the Petition, and for the purpose of ascertaining her dower in cash, the Court finds that she was born February 7, 1891. -17. That the facts alleged in the Petition, which Petition contains paragraphs Nos. l, 2, 3, 4, S$, 6, 7, 4, 9 a0, RL, Za; 234 2h, 15, 16, and 17, and in the answer of W. R. Battley, Guardian Ad Litem for the infant defendants, Vera Cavin and Juanita Cavin, are true. -18- That no issues of fact are raised, and that an order should issue for the sale of the land described in paragraph 4 of the Petition, for divi- sion among the petitioner and the defendants. IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED BY THE COURT: 1. That the land described in paragraph 4 of the Petition be sold for division among the tenants in common thereof. 2. That the dower of Mrs. Elizabeth Cavin be ascertained under the Mortuary Tables, as provided by the laws of the State of North Carolina, and paid to her in cash. 3. That the dower of Mrs. Roberta Cavin be ascertained under the Mortuary Tables, as provided by the laws of the State of North Carolina, and paid to her in cash. 4. That the land be sold for cash, subject to the confirmation of the Court. >. That C. B. Winberry, be, and he is hereby, appointed as Commis- sioner, to sell the land described in paragraph 4 of the Petition, under the orders and directions of this Court. uy o f ‘u l A R D 6. That C. B. Winberry, Commissioner, is authoriged and directed to sell the land described in paragraph 4 of the Petition, at public auction, ud T | q ue s n g “‘ U I A R D for cash, on Saturday, July 13, 1940, at 12 o'clock, Noon, at the Courthouse door of Iredell County, after posting a notice of the sale at the Courthouse door of Iredell County, and at three other public places in Iredell County, for thirty days immediately preceeding such sale, and also publishing notice of the sale once a week for four consecutive weeks in The Statesville Daily, a newspaper published in Iredell County, North Carolina. 7. From the proceeds of the sale the Commissioner shall first pay the costs of this proceeding, and the costs of selling the land, including compensation for the Commissioner, not to exceed 5% commission on the sale price, and also a reasonable attorney's fee, and shall then distribute the remainder of the proceeds to the parties entitled thereto, under the further orders and directions of this Court. This cause is retained for further orders. This Monday, June 10, 1940. : | ! ? ’ ( LG. Lyf Clerkéof thé Superior Court of Iredell County. ud | ] q ue s n g ‘u I A R D uy o r “u I A R ) NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk Walter Weddington and wife, Mandy Weddington, Plaintiffs, Vs. REPORT OF SALE E. D. Cavin and wife, Katie Cavin, T. C. Cavin and wife, Fannie Cavin, et al, Defendants. The undersigned Commissioner respectfully shows to the Court: ole That pursuant to an order of the Clerk of the Superior Court of Iredell County made in the above entitled special proceeding, and after due notice and advertisement as required by law and set forth in the order of Court, he offered for sale, at public auction, for cash, the land described in paragraph 4 of the Petition in the above entitled special proceeding at the Courthouse door of Iredell County, North Carolina, on Saturday, July 13, 1940, at 12 o'clock, Noon. -2- That at the aforesaid sale on July 13, 1940, Walter Weddington became the last and highest bidder at the price of Seven Hundred Five Dol- lars ($705.00), Cash. oe That the sale was made subject to the confirmation of the Court, and will stand open for increased bids as required by law. This the 2 Ihaay of July, 1940. NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk ud y ] q ue s n g ‘u I A R D Walter Weddington and wife, Mandy Weddington, Plaintiffs, Vs. REPORT OF COMMISSIONER RECOM- E. D. Cavin and wife, Katie Cavin, MENDING THAT SALE BE CONFIRMED T. C. Cavin and wife, Fannie Cavin, et al, Defendants. NOW COMES C. B. Winberry, Commissioner, and respectfully shows to the on] a> That pursuant to an Order of the Clerk of the Superior Court of Ire- dell County made in the above entitled special proceeding, and after due notice and advertisement as required by law and set forth in the Order of Court, he of- fered for sale, at public auction, for cash, the land described in paragranvh 4 of the Petition in the above entitled special proceeding, at the Courthouse door of Iredell County, North Carolina, on Saturday, 13 July, 1940, at 12 o'clock, Noon. oZ= That at the aforesaid sale on 13 July, 1940, Walter Weddington became the last and highest bidder for the land described in the Petition in this cause at the price of Seven Hundred Five Dollars ($705.00), cash. sin That the land was sold subject to the confirmation of the Court. sails That the land was advertised as ordered by the Court, and the correct description set forth therein. Se That on 23 July, 1940, the undersigned Commissioner filed a report of the sale with the Clerk of the Superior Court of Iredell County. ud | | q uR s N s ‘U I A R D abe That the sale was in all respects duly and regularly held, and all by- standers were afforded an opportunity to bid. atu That more than twenty days have elapsed from the time of the sale, and more than ten days since the Commissioner filed his report of sale, and no increas- ed bids, objections or exceptions have been filed. «Bu That the Commissioner considers the price of Seven Hundred Five Dollars ($705.00), cash, a fair and reasonable price for the land, and the fair and reason- able value thereof. ae That Walter Weddington is now ready and willing to pay the purchase mon- ey upon the confirmation of the sale and tender of a Deed. WHEREFORE, The undersigned Commissioner prays that the sale of the land to Walter Weddington at the price of Seven Hundred Five Dollars ($705.00) be con- firmed, and that he be authorized and directed to execute a Deed to him, his heirs and assigns, conveying the land in fee simple, upon payment of the purchase money. This the 12th day of August, 1940. (Cee hea ' Commissioner us ] ] q UB S N S “‘ U I A R D uy o r “U I A R D NORTH CAROLINA, : In the Superior Court IREDELL COUNTY. Before the Clerk Walter Weddington and wife, Mandy Weddington, Plaintiffs, Vs. DECREE CONFIRMING SALE OF LAND E. D. Cavin and wife, Katie Cavin, Defendants. This cause coming on to be heard, and being heard upon the report and recommendations of C. B. Winberry, Commissioner, and it appearing to the Court: -l|- That pursuant to the orders of the Court, C. B. Winberry, Commis- sioner, did on Saturday, 13 July, 1940, at 12 o'clock, Noon, as ordered by the Court, offer for sale at public auction, at the Courthouse door of Iredell County, the land described in Paragraph 4 of the Petition in this cause. De That due advertisement was made of the sale, as required by the Or- der of Court, and provided by law, and a correct description set forth in the Notice of Sale. -3- That the sale of the land was duly and regularly held, and all by- standers were afforded ample time to bid. -L- That the land was sold subject to the confirmation of the Court. -5- That at the aforesaid sale on 13 July, 1940, Walter Weddington, be- came the last and highest bidder for the land described in Paragraph 4 of the Petition at the price of Seven Hundred Five Dollars ($705.00) cash. ud ] | q uR s n s ‘W A R D uy o r “U l A R D ae That the Commissioner filed a report of the sale on 23 July, 1940, and a further report on 12 August, 1940, recommending that the aforesaid sale be confirmed. -7- That more than twenty days has elapsed since the date of the sale, and more than ten days since the Commissioner filed his report of the sale, and no increased bids or objections or exceptions have been filed or made to the confirmation. -8- The Court finds from the report and recommendations of the Commis- sioner that the price of Seven Hundred Five Dollars ($705.00) is a fair, just, and reasonable price for the land described in Paragraph 4 of the Petition. -9- The Court finds that the costs of this proceeding, including the Commissioner's fee and the Attorney fee, is One Hundred Seventy-four Dollars and Twenty-five Cents ($174.25), and after payment of the same, there remains for distribution the sum of Five Hundred Thirty Dollars and Seventy-five Cents ($530.75). -10= That Mrs. Elizabeth Cavin is seventy-eight years of age, and that her dower in cash is Seventy~six Cents ($.76). -ll- That Mrs. Roberta Cavin is forty-nine years of age, and that her dower in cash is Ninety-two Cents ($.92). -]|2- The Court finds that the interest of the petitioners and the defen- dants who had an interest in the land described in Paragraph 4 of the Petition, and the amount each is entitled to receive of the proceeds from the sale is as follows: Walter Weddington - 4/5 interest E. D. Cavin - 1/75 interest T. C. Cavin - 1/75 interest R. L. Cavin - 1/75 interest Mrs. Minnie Mills - 1/75 interest ud | | q uR s N g ‘U I A R D uy o r ‘u l A e y Mrs. John Sherrill - 1/75 interest Mrs. Frances Brown - 1/30 interest Mrs. Clara Cavin - 1/30 interest Elizabeth Cavin - dower in 1/15 interest Jim Cavin - 1/135 interest Mrs. L. W. Hicks - 1/135 interest Mrs. J. A. Perry - 1/135 interest Mrs. L. J. Harrington - 1/135 interest Mrs. J. Harrington - 1/135 interest Mrs. E, W. Allison - 1/135 interest Glenn Cavin - 1/135 interest Joe Cavin - 1/135 interest Roberta Cavin - dower in 1/135 interest Lucile Cavin - 1/540 interest Ada Cavin Helmstetler Vera Cavin - 1/540 interest Juanita Cavin - 1/540 interest IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED: 1. That the sale of the land described in Paragraph 4 of the Peti- tion in this cause to Walter Weddington for the price of Seven Hundred Five Dollars ($705.00), cash, be, and it is hereby, in all respects, confirmed, and C. B, Winberry, Commissioner, is ordered and directed to execute and deliver a Deed conveying the aforesaid land to Walter Weddington, hie heirs and assigns, in fee simple, upon payment of the purchase money. 2. That out of the proceeds of the sale, the Commissioner shall first pay the Court costs, Commissioner's fee and Attorney fee in the amount of One Hundred Seventy-four Dollars and Twenty-five Cents ($174.25). 3. That the Commissioner is hereby ordered and directed to distri- bute the remainder of Five Hundred Thirty Dollars and Seventy-five Cents ($530.75) to the parties named in Paragraph 12 of this Order, distributing to each the amount set opposite his name except as follows: a. The interest of R. L. Cavin, to-wit, the sum of Seven Dollars and Eight Cents ($7.08), shall be paid by the Commissioner into the office of the Clerk of the Superior Court of Iredell County, there being a Judgment against him docketed in Judgment Docket 36, page 196, and the same shall be held there- under until the judgment shall be cancelled or the land in this cause released therefrom, or the money otherwise disposed of under the orders of the Court. b. Vera Cavin and Juanita Cavin are minors, being seventeen and four- teen years of age respectively, and it is ordered that their shares of Seventy- uy o f ‘u l A e d three Cents ($.73) each be paid to their mother, Mrs. Roberta Cavin, with whom they live. ud | ] q uR S N S ‘U I A R D This Monday, the 12th day of August, 1940. 4 Sok Clerk Superior Court of Iredell County. ud | | q ue s n g ‘u l A R D uy o r ‘u l A R ) — 1 i - NOTICE OF SALE OF REAL. ESTATE North Carolina, lredeli County. In the Superior Court Before the Clerk Walter Weddington and wife, Mandy Wed- dington Plantiffs, Vs D. Cavin and wife Katie Cavin, 4 Cc and wife Fannie Cavin, et al, Defend- Under and by virtue of the order of sale in * Judgment of the Clerk of the Superior Court of Iredell County in the above entitled special Proceeding, the unde igned Commissioner vill offer for sale, for eash, at publie auction, to the highest bidder, at the courthouse door vf fredell County in the City of States viile, North Carolina ON SATURDAY, JULY 13, 1940, at 12 O'CLOCK, NOON, following described tract o * of land ‘Ying and being jin v Township County, North Care *, and particy described as follows of that certain tract of land containing res, more or less, and Gevised by the wii] c san Ellen Cavin, Which is recorded in Will Book ‘ ptze 166, in the office of the Clerk of the Superior Court of Irede}) County to be divided equ i ers, Ida, Ellen, Mar » Jane, and Ann Cavin, and being wll of that tract of land devised to “usan Ellen Cavin by Article 10 of the walj f her husband, John Cavin, whieh is record ed in Willi Book 6, page véx in the office of the Clerk of the Superior Court of tredeli County exeept ten acres dey ised by Susan \ Ellen Cavin to her daughter. Ellen Louise, ——and ten acre devised to her daughter, tda_ all of which ‘ppears by her will above re =——- ferred to, rhe sale of the above land is made Subject to the confirmation of the Court and will stand open for inereased bids 4 required hy law This 11th day of June, 1940 ©. B. WINBERRY Commissioner \dams, Dearman & Winberry A ttorneys-at-Law Statesville orth Carolina, June 12-19. duly 3, 194% | AV O - M A S M - A ? 4O L a I d O N Y “L N he ’ i Si I p e i p OQ S a H s S I N Y N n S g NO l i v o i n d e y NO YV 3 A 32 N O 43 3 g ko y c h a s s g n g oo ' s $ | | | | 4a A’ T I V G HL TV I L A S H U L V I L S MA L on ON I S I L Y S A Q y v ADVERTISING FURNISHED ON APPLICATION Total | | | | | 31 29) 30 27} 28 26 4) 25 23 eek 5 1 | 4 “G — 0 F 6 T “S Ai n e pz - s i - z t ou n ; “B U C YY O N ‘a i p t a s e y t n g : “M P T -V e - 8 h U 1 0 7 3 y A [A a t c 0 q Ut MA 9 GW u s v e g ‘s w e p y PU O N S S H U I M O D “X Y Y A A N I M “G O “O M 6 T ‘s u n g Jo ep qi t t su g , —A ¥ — — _ _ 1 — _ | 1 “M B 4q pe a n b e s se sp i q Pe s v e s o u r 20 3 ue d o ou a e l el + ii pu s “j a n o d 24 3 jo wo r e m a z U O D ay s of ) yo o f q n e ep e u st pu g sa o q e oH JO ae s ay 7 , J | ee — — “o t SA 0 Q e i1 1 4 Ja y Aq ex b e d d s Ga r y jo [8 | | tY-WEEK-DAY 22 Mt oasiliierelisiatclines 0 7 NT, PROPRIETOR STATESVILLE, N. 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Before the Clerk Walter Weddin Plaintiffs, E. D. Cavin and wife, Katie Cavin, T. C. Cavin and wife, Fannie Cavin, R. L. Cavin and a wife, Julia Cavin, Mrs. Minnie Mills and husband, Jimmie W. Mills, Mrs. John Sherrill and husband, John Sherrill, Mrs. Frances Brown and husband, W. Lem Brown, Mrs. Clara Cavin, widow, Mrs. Elizabeth Cavin. widow, Jim Cavin and wife, Mrs. Jim Cavin, Mrs. L. W. “ Hicks, widow, Mrs. J..A. Perry and husband, J. A. Perry, Mrs. L. Jd. Harrington and hus- band, L. J. Harrington, Mrs. J. Harrington and husband, J. Harrington, Mrs. E. W. Allison and husband, E. W. Allison, Glenn Cavin and wife, Leona Cavin, Joe Cavin and wife, Mrs. Joe Cavin, Mas. Roberta Cavin, widow, Lucile Cavin, single, Mrs. Ada Cavin Helmstetler and husband, Dallas Helmstetler, Vera Cavin, single, and Juanita Cavin, single. Defendants. e, Mandy Weddington, Plaintiffs, ind wife Cavin and } rf le . A hiawehe ] . LiS and nusband, Ji ces Brown and husbsz Cavin, widow, Jim Cavin and wife, nq die tie 4. Perry ana husband, and | na J. A. Perry, Mrs. L. J. Harrington and hus- L. J. Harrington, Mrs. J. Harrington and husband, J. Harrington, Mrs. E. W. Allison and husband, E. W avin, Joe Cavin and wife, Mrs. Cavin, single, Mrs. Ada Cavin Helmstetler Vera Cavin, single, and Juanita Cavin, single. Lirs. Cavin, jul O- a . W. Allison, Glenn Cavin and wife, Leona C Joe Cavin, Mrs. Roberta Cavin, widow, Lucile C and husband, Dallas Helmstetler, Defendants. NORTH CAROLINA, ‘ _ & In the Superior Court IREDELL COUNTY. Before the Clerk a+ Walter Weddington and wife, Mandy Weddington, Plaintiffs, Vs. BE. D. Cavin and wife, Katie Cavin, T. C. Cavin and wife, Fannie Cavin, R. L. Cavin and wife, Julia Cavin, Mrs. Minnie Mills and husband, Jimuie W. Mills, Mrs. John Sherrill and husband, John Sherrill, Mrs. Frances Brown and husband, W. Lem Brown, Mrs. Clara Cavin, widow, Mrs. Elizabeth Cavin, widow, Jim Cavin and wife, Mrs. Jim Cavin, Mrs. L. W. Hicks, widow, Mrs. J. A. Perry and husband, J. A. Perry, Mrs. L. J. Harrington and hus- band, L. J. Harrington, Mrs. J. Harrington and husband, J. Harrington, Mrs. E. W. Allison and husband, E. W. Allison, Glenn Cavin and wife, Leona Cavin, Joe Cavin and wife, Mrs. Joe Cavin, Mrs. Roberta Cavin, widow, Lucile Cavin, single, Mrs. Ada Cavin Helmstetler and husband, Dallas Helmstetler, Vera Cavin, single, and Juanita Cavin, single. Defendants. NORTH CAROLINA, IREDELL COUNTY. Walter Weddington and wife, Mandy Weddi E. D. Cavin and wife, Katie Cavin, T. C. wife, Julia Cavin, Mrs. i and husb John Sherrill, Cavin, widow, Mrs. Elizabeth Cavin, ks, widow, Mrs. J. A. band, L. J. Harrington, Mrs. J. Harring and husband, E. W. Allison, Glenn | i Joe rin, Mrs. Roberta Ca wid and husband, Dallas Ww ry a be pee a ieee In the Superior Court Before the Clerk Plaintiffs, Cavin and wife, Fannie Cavin, R. L. Cavin and Minn fills and husband, Jimmie W. Mills, Mrs. John Sherrill Frances Brown and husband, W. Lem Brown, Mrs. Clara Cavin and wife, Mrs. Jim Cavin, Mrs. A. Perry, Mrs. L. J. Harrington and . Harrington, Mrs. E. W. husband, J 1d wife, Leona Cavin, Joe Cavin and wife, bee : +. < he oar a Cavin, single, s. Ada Helmstetle Single, and Juani Defendants. tb | APPLICATION FOR LETTERS TESTAMENTARY—Printed and for sale by Brady Printing Co., Statesville, N. C. APPLICATION S TESTAMENTARY LL “COUNTY :—In THE Superior Court. In THE Marrer or THE WILL OF Before JOHN L. MILHOLLAND, C. 8. ©. JOhn...Pressly..Cavin being duly sworn, doth say: That Jonn Pressly Cavin day of June ‘ last Will and Testa- ment and that........MP2.s... Qhara,.obarrette Vavin is the executor named therein. Further, That the property of the said Joon Pressly Cavin consisting of “ Real Estate ....... 750.00 ~-, SO far as can be ascertained at the date of this ap- plication; and that re NAME RELATION ADDRESS Clara Starrette Cavin Wife Mooresville, Nae.C» are the parties entitled under said Will to the said property. Sworn to and subseribed before me this ny 4 — fy e (AA2Re Xf Orrek £. (a LAME XOCU beasacssecensseeeseene sini Clerk Superior Court. Address.. OATH OF EXECUTOR STATE OF NORTH CAROLINA SS.—In the Superior Court. I, thee .rcrarrette Cavin ~do solemnly swear that I believe this paper writing to be ’ so ? « ‘ 5 and contain the last Will and Testament of ..... Jonn Pressly ¥; Vin 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 ex- tend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. es Subscribed and sworn to before me this......£00+, ry C . > 7 il veveesttemn: AU 22Exeet it SnnnnAQAGGDGRG022000000002050005S0052020 RE NEEEREURESEEEIEEESNAYES Cis ene S ees ees eek LETTERS TESTAMENTARY SuPERK IREDELL COUNTY :— In rue oR Court. STATE OF NORTH CAROLINA, To All Whom These Presents Shall Come—GREETING - It being satisfactorily proven to the undersigned, Clerk of Superior Court for Irepen. County, that John Pressly Cavin late of said County, is dead, having made last Will and Testament, which has been admitted to Probate, ( Clara Starrette Cavin cording to law. a true copy whereof is hereunto annexed,) and the Execut.. Ti famed therein, having qualified as such ac- Now these are therefore to empower the Execut®1X.....to enter in upon all and and credits, of said deceased, and the same to take into possession wheresoeve said deceased, to pay and satisfy, and residue of said estate to distribute, ace singular the goods and chattels, rights r to be found, and all the just debts of the ording to the directions of said Will. Witness my hand and seal of the said Court, this the...200+.5 day of.. July 193.) Clerk Superior Court. $1396—Every executor, administrator, collector and guardian shall, within three months Clerk Superior Court, of all’ the estate in his hands, or received by him up to that time: cause shown, not exceeding six months, §1398—-Whenever further property of any kind, not included come > ny executor, administrator or collector, he must cause the same to be returned as hereinbefore P . Wwithi p se preof, and the making of such return of new assets from time to time, may be enforced in th i » om SECTION 1399 OF THE CODE-ANNUAL ACCOUNTS—Every executor, administrator and collector shall within twelve months from the date of his qualifica- tion or appointment, and annually, so long as any of the estate remains in his control, file in the office of the Clerk of the Superior Court, an inventory and account. under oath, of the amount of property received by him or invested by him, and the manner and nature of such investment, and his receipts and disbursements for the past year in the form of debit an credit. He must produce vouchers for all payments. The Clerk may examine on oath such accounting party, or any other per son concerning the receipts, disbursements or any other matter relating to the estate: and having carefully revised and audited such account, if he approved the same, he must endorse his approval thereon, which shall be deemed PRIMA FACIE evidence of correctness. Each Clerk must annex or attach a copy of this sec: tion to all letters issued by him . F 1 No executor, administrator, or collector, after two years from his qualifications, s amounts to his necessary charges and disbursements and such debts as he shall egally pay br divided and be delivered and paid to such person to whom the after his qualification, or appointment, make return, on oath, to the but suth time may be extended by the Clerk Superior Court on good hall hold or retain in his hands more of the it all such estate so remaining shall immediate same may be due by law or the will of the deceased.—_.See Code, See. 1996, deceased's estate than ly after two years, be 1398, 1399 and 1488. “U L A R D o > 5 'uU a: o ” ~” < “OCC Cre oor errr eLovecesoveer ee eeeeoeeeeSS North Carolina, Iredell County. In the metter of Mrs. Clara Starrette | Cavin, Executrix of J. P. Cavin INVENTORY To the Hon. John L. Milholland, Clerk of the Superior Court: Your Executrix respectfully returns and shows, upon Oath, that the following is a just and true inventory of the personal property belonging to the estate of J. P, Cavin, deceased, which has come into my hands as such Executtix, or into the hands of any other person for me, - Personal Property - Merchandise on hand $ 1800.00 Autos.: 1 Buick, 31 model 100.00 1 Buick, 33 model 150.00 1 Buick, 28 model 150.00 1 Buick, 28 model 259.00 Cash, First National Bank 1865.00 Notes and book accounts 10000.00 Household furniture 750.00 Mooresville Cotton Mill Stock 4090.00 One Buick Ambblance 400.00 One Buick Ambulance 2500.00 One~half interest,Cashion and Cavin, Cornelius 400.00 Total 718765. ~ Real Estate - Your Bxecutrix also reports that according to her best knowledge and belief the real estate which Said deceased owned at the time of his death is as follows: Residence, North Maiyg Street, Mooresville, N.C. $ 3000.00 Small farm in Barringers Township 800.90 Total ' 0. Respectfully submitted, > oon Cana, oS lawntt ve (a silat ae Executrix. Subscribed and sworn to before me, this Srd day of ,October,; 1935. Geach Notary Fublic. My Commission Expires: Met. 3 L93b North Carolina, Iredell County. In the matter of Mrs.Clara Starrette Final Cavin, “xecutrix of J: P. Cavin j Report. Your executrix would respectiully report as follovs: That under the terms of the will of her husbugd, J.P.Cavin, she is the e xecutrix and sole beneficiary of his estate; that as such executrix and beneficiary she has paid in (ull all debts ind Cuarees against said estate, including inheritance tax, and that there are no outstanding eherges or indebtedness cue by Said estate to any person, tirm or corporation. Respeetfubly submitted, i Na a kxecutrix. scribed and sworn to before me, this the 2/<* day of Dial 0 , Notary Public. My Commission Expires: y,.,.. J//- /7#LO lie dk the foregoing statement by the Executrix is approved as her final report, ft auix This Aug Ist, 1938. Ca v i n , Jo h n Pr e s s l y 19 3 5 Application for Lette ers Tedamentery — —Printed and for sale by BRADY, Tue PRIN -ETTERS TESTAMENT, ae - ty = se oe “oveeey being duly sworn, doth say : en : ae maz LOA late of said County, is o having first made and published LA last Will and Testament: and that Ail fo ce C is the executor named therein. Further, That the property of the,said a ee < ca consisting of ene: Cz Ce is worth about $\.9.. COC -_ far as can be ascertained at the i i and that Ct oO ‘ es = a ee C0 LAF are the parties entitled under said Wil] to the = property Sworn to and spbscribed before me this ; ae ba ‘ he eaeces lerk a Court. STATE (¢ F)NORTH CA AROLINA, — ss.—In the Supertor Court. County. ) eee Ao lemnly swear_that I believe this paper writing to be &hd contain the last Will and Testament of SO. — phenol 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 a to the office of Executor I will discharge according to law, to the best of my skill and ability. 75° help me God. Subscribed and sworn to before me this. 7” i (ae af ; Zo of “ day of PRET 4