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Home My WebLink AboutEstate Records 1790-1970, Codie-Coley, JamesCa | Che Zee A oe oe ‘ Kk 44 7 (Ob-tteyr / e ¢- ae At ttt ce a es gtet a es - yh SS Cela, 4 Cu~ct & ere sag bah eek. al eke ey de Spry eg ‘ M f 2 1 p 0 5 a afe 60 6 1 he oe : re Sie Pot bt i | tte pee - 7 Le cupeter > a? un Ae 222th Cx oad — CG ° 2 & = = 60 6 1 OQ ° Q. e _ = 60 6 1 & North Carolina # In the Superior Court, Iredell County # Before the Clerk, In the matter of the Last + Will and Testament of # Affidavit, J, W. Codie, deceased, # Mrs, Lizzie A, Codie Call, being duly sworn says:— That J. W. Codie, late of Iredell County, is dead, having made, executed and declared his last will and testament; that your affiant, Mrs, Lizzie A, Codie Call, wife of D, H, Call; Miss Hattie E, Codie, Mrs, Alice E, Lentz, wife of J, P, Lentz, and Dr, Jas, L, Codie are legatees and devisees under said wills that in said will Lee Lazenby is appointed @xecutor, with the provision that in the event he does not accept, L, T. Stimpson is appointed executors; that said will does not appear upon the records of wills in Iredell County, in the office of the clerk of the superior court, and as your affiant is informed and believes, has never been pro-— pounded and probated and recorded as provided by law; that said will was not revoked by said testator and was in existence after the death of said testator; that your affiant has not the said will in her possession nor under her control and cannot produce the same into this court for probate; that affiant has not seen said will since soon after the death of said testator, when she saw the same in the possession of said J, P, Lentz, husband of Mrs. Alice E, Lentz, who was copying said will; that affisnt is informed and bem lieves that neither the said Lee Lazenby nor the said L, T, Stimp- son, who were appointed executors as aforesaid have said will or know of its whereabouts; that affiant is informed and believes and upon such Sedaidihaee TC belief avers that the said Mrs, Alice E, Lentz, J, P, Lentz and Dr, J, L, Codie have said will in their possession or under their control and know of its whereabouts, and that they, all of them, or one of them, detain said will and withhold the sant from this court or conceal the same, or that they, or one QQ ° 2. ®& SG = 60 6 1 of them know where the said will is detained and concealed; that said parties heve refused to produce said will for probate, That the residence of said leratees and devisees is as follows:— Mrs, Lizzie A, Codie Call, Asheville, N, C,, Mrs, Alice E, Lentz, Salis-— bury, N. C., Miss Hattie E, Codie, Salisbury, N. C., Dr. J. L. Codie, Mulberry, Tenn, That the estate of said J, W. Codie consists of real estate, 215 acres, more or less of land, in Turnersburg Township, Iredell County, said State, and personal property, which is devised and be queathed under said wills that affiant is desirous that said will be produced into this court to the end that same may be probated and recorded and executed as provided by law and according to the true intent and meaning thereof, Wherefore, your affiant prays the court to make an order causing summons to issue to J, L, Codie, J, P. Lentz and wife Alice Lentz and Miss Hattie Codie, commanding them to appear before this court, as provided by law, Sec, 3124, Pell's Revisl 1908, and pro- duce said will and answer on oath where said will is and in what manner fnd to whom the same has been disposed of or is detained or concealed, and for such other and further relief as she may be en- titled to, and your affiant will ever pray, : a Sworn to and subscribed before Li! : . me this the day of Dec, 1909, Notary Public, My commission expires 7076 : SGA ke Le t PR V L L L OS VA L et f C / ‘ 4 AY a aA w < « “f i L a. , Co d i e , J. W. 19 0 9 ‘M f ‘a I p o d 60 6 I North Carolina # In the Supsrior Court, Iredell County # Before the Clerk, In tho matter of the # Last Will and Testament of # Summons to Produce Will for J. W. Codie, deceased, # Probate, Pell's Revisal Sec. 3124, State of North Carolina, To the Sheriff of Rowan County: — You are hereby commanded to summon Miss Hattie E, Codie, J. P, Lentz and wife Mrs. Alica E. Lentz, to personally appear be-— fore the clerk of the Superior Court of Iredell County, in his office in the Court House, a fie city of Statesville, North Car-~ fr C 4 ; f 4° “ olina, on the~2/“day~of ALLE < At 10 o'clock A, M,, , and produce and exhibit for probate the Last Will and Testament of J. W. Codis, deceased, to inform the court on Oath where the said will is, and in what manner and to whom the same has been disposed of by them, by virtue of a judgment and order of the said court made in this proceeding on they day of Dec. 1909, and subject to the pains and penalties of the law, Sec. 3124 of Poell's Revisal of 1908, Herein fail not, at your peril, Witness my hand and officig eal, this the, day of December 1909, ) az ZLLED. Gverk Superior Court, Iredell County, te go oo Co f f e . Co x e . Si /} / , UU c s t i A t a t l e ~ f e tf l a F P r ~ < . L e O N Y - Cn V Y Y4 ‘ Su t ce c t i . a e c t e s Co 5% ca e dt < « Q@ e c w he t f ( e e «a : LA b . € . 1 0 . 2 9 0 4 ; Se a h ee A Ae , ee e Re y kg Ct a R e e i a « o Le Oc tr < < « . ae Le : pO oe GI te , CK . eG , Le . le ro t d ZF F7 ¢ ( - . oe WS € <_ < . ¢ FS B¥ c CL é A N I e n ; re ; MA L L E Cf 7 Sa w 1; Kl e e ee e ; er ; 4 We g ‘ d- a fs ve ‘ Ap e Rh y Lt K B p e e K- at e ni c Ch o t a . ” Co d i e , J. W. 19 0 9 M f Ip o d 60 6 1 North Carolina # In the Superior Court, Iredell County # Before the Clerk, In the matter of the Last Will # and Testament of J. W. Codie, # Order of the Court and judgmont. deceased, # It appesring to the court upon affidavit of Mrs, Lizzie A, Codie Call, that J, ¥, Codie, lato of Iredell County, said State, is dead, having made, executed and declared his Last Will and Testa~ ment; tuat hires, Lizzie A, Codie Call, Asheville, N. C., Miss Hattie E, Codie, Salisbury, N. C,, Mrs. Alice E, Lentz, Salisbury, N. C., and Dr. J, 1. Codie, itulberry, Tenn., are legatees and devisees under said will; that said will has never been propounded, probated and recorded; that said will was not revoked by said testator, but was in existence after his death; and it being alleged in said af- fidevit that said will is detained, withheld or concealed from the court by the said J. P. Lentz and wife Alice E, “entz and Dr. J. L. Codie, or some one of them, and that said parties know of the where- abouts of said wills; and it appearing from said affidavit that said last named parties have declined and refused to produce said will for probate, and that the estate of said J. W. Codie consists of both real anda personal property dDequeathed and devised in said will and which should be administered under said will; and it appearing from said affidavit that neither of the parties named in said will as executors have said will or know where it is or what became of it; It is therefore, upon motion of McLaughlin & Nicholson, at— torneys for Mrs. Lizzie A, Codie Call, considered, adjudged and ordered that the said Miss Hattie B. Codie, J. P. Lentz and wife Alioe Lentz and J. L. Codiebe, and personally appear before this court on & day to be named in the summons in this proceeding, and produce and exhibit in this court for probate the said Last Will and Testament of the J, W. Codie, deceased, and inform the court on oath wheres the said will is, or in what manner and to whom they have disposed of the same, as providod | law, Seo, 3124 of Pell's Revisal of 1908, <a Zea rereg aa This Deo._, 1909, Clerk Superior Court, > ° 2. D ia = 60 6 1 ok JU al l e pn . & AK AA R : ‘C e A a he Co d i e , J. W. 19 0 9 North Carolina # In the Superior Court. Iredell County # In the matter ot the Last Will # and Testament of 7. W. Codie, # # T> tue Clerk of the Superior Court of Iredell County:- deceased, Take notice, that the unusrsigned, L. K. Lazenby, who was avpointed executor of the last will and testament of J. W. Codie, deceased, by said testator in said will, hereby renounces his right @&to adminisBer said estate as the executor of said will, and renounces his right to letters testamentary. Lh Mh Lega Tris January lst, 1910. ‘M f ‘8 I p o g 60 6 1 © o = oo ~ = 60 6 1 North Carolina # In the Superior Court, Iredell County # In the matter of the administration of the estate of J, W, Codie, decessed, To the clork of the Superior Court of Iredell County:- Take notice, that the undersigned, legates and devisee, and next of kin in equal degree, of the said J, W. Codie, deceased, hereby renounces her right to administer upon the estate of the said J. W. Coaio, deceased, and to be annointed administratrix with the will annexed, in favor of her husband D, H, Call, and respectfully asks that the said D, H. Call be appointed as the administrator with the will annexed of said estate in her stead, This the Srd aay or January 1910, Bist, Hinge G < WM —1iokk Attorneys, wv 7 ‘M f ‘2 8 1 p o D Oo © \o North Carolina # In the Superior Court, Iredell County ¢$ In the matter of the administration of the estate of J, W. Codie, deceased, D. H, Call, being duly sworn, doth say: Tnat J, W, Codie, lato of Iredell County, is dead, leaving a last will and testament; and thet Lee Lazenby and L, T, Stimpson, the executors therein named, have renounced their office of executor, in writing, The said D, H, Call, husband of Lizzie A, Call, legates and devisee under said will, and being in equal degree with all the other lesatees and devisees, and heirs at law of the said J, W, Codie, she, the said Lizzie A, Call having renounced her right to appointment as the administratrix upon said estate, therefore applies for letters of administration with the will annexed, on the estats of the said J, W, Codie, deceased, Further, that the property of the said J, W, Codie, consisting of realty and personalty, is worth about $2,000.00, so far as can be ascertained at the date of this applications; and that the persons en- titled under said will to said property and the proceeds thereof are as followsi= Lizzie A, Call; Hattie E. Codie; Alice E, Tenta, and Dr. Jas. L, Codie, Sworn to and subscribed before me, this the 3rd day of January 1910, Clerk Superior Court, North Carolina # 88, Iredell County # I, D. H. Call, do solemly swear that I will support the constitu- 9 tion of the United States; so help me God, I, D. H. Cell, do solerml: swoar that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitu- tional powers and authorities which are or may. be established for the OQ ° & a — = 60 6 I government thereof; and that I will endeavor to support, maintain and defend the constitution of said State, not inconsistent with the constitution of the Uniteu States, to the best of my knowledge and ability; so help me God, I, D. H. Call, do further swear that I believe J. W. Codie died leaving s last will and testament; that the parties named therein as executors of said will have renounced in writing their said ap— vointment as executors; that I will well and truly administer all and singular the goods and chattels, rights and credits, real and per- sonal property of the said testator according to the true intent and meaning of the said will and 4s provided by law, and a true and per- fect inventory thereof return according to law; and all other duties appertaining to the charge revosed in me, I will well and truly per- form, according to the said will, and sccording to law, and with my best skill and apility; so help me God, Sworn to and subscribed before me, OL this the Srd day of January 1910, ; { Lisle PUL LA Clerk Superior Court, North Carolina # In the Superior Court. Iredell County # The State of North Carolina, to all to whom these presents shall come——Greeting:— % being satisfactorily proven to the undersigned, clerk the Superior Court for Iredell County, that J, W, Codie, lave of county, is dead, havire made his last will ana testament, a copy which is hereto annexed, and Lee Lazenby and L, T. Stimpson, the ecutors therein named, having renounced the office of axecutor in writing, and Mrs, Lizzie A Call, one of tho logatees and devisees under seid will, who is in equal degree with all the other lagatees, devisees sna heirs at law of the said J, W, Codie, deceased, and who ‘M f ‘2 I p o y 60 6 1 has the right, under the lew, to the appointment as sdininistratrix with the will annexed, having renounced her right to said appointment, in writing, and having nominated her husband, the said D, H. Call, and requested the enurt to anvpoint him administrator with the will annexed, and the said D, H, Call, having qualified as administrator, with the will annexed, of said deceased, according to law: Now, thee are, therefore, to empower the said administrator with the will annexed to enter in sand apon all and sinenlar, the soods, chattels, rights, credits, property ana effects of the said deceased, and the same to take into possession, wheresoever to be found, and all the just debts of the saia deceased to pay and satisfy, ana the rosidue of said sstiate to Gistrivuts accoruing to saiu will. Witness my hand and seal of said court, this the ord day of January 1910. <i heuer da Clerk Sunerior Court, Iredell Co, ~WiIll.annexed..of...W...Codia, dem evaasead,..and Vrs, Liszie A. Cali, Pbeieeiled sc diene bislticicocnedcerlivctnises Petitionars,........... ey » SUMMONS FOR RELIEF. ae Wf sa £ + + a -Mpg- ALL... Lantz,..Miss.attie Be. .Codig,...and.. Piss gl pasa CQ Jia. ssehiuaeeccdniepnnieasanéhode addons State of North Carolina, To the Sheriff of. ..._Lrgdaell ‘M f ‘I p o d \o So ‘o in the complaint. Hereof fail not, and of this summons make due return. ] ‘ pa a t a v a y TT Y II A af q e u i n j a y a: yr + TT e p e a y p p u s y s qT 7 a + C Se o s T o u o t i n ye UT T a a N E r o y £4 U N O D T[ e p e c y wy p AN E 40 d SN O W W N S St e 36 “2 y u e y “G Q So o t y “s a y *A y u n o g ~~ 7 A Z wn o y so u a d n g ay } jo y1 2 I D ay y jo ao y o g a p> =. 3 Ss. 2 n > s ° & 3 oO o “ 6 o 6 1 “ O D 6 I t d y } o y u s k e p e r r Mf ‘3 1 I p o d 60 6 1 ~ SIY} SUT a10Jaq paquiosqns pue 0} WI0MG ‘SUOIjNSaxa wo ydutaxa Aysadoid pue soijtiqer ‘syqap sty aaoqe pue 13A0 Sie[[Op paipuny OM} jo uns ay} qyI0M SI ay sXes uloms Butaq errr orrmnrrenetnt ieee SC eee (‘1eag) S14} ‘s[eas pue spuey ino SSouyILM, ‘UOI}OR SI} UI HiNurelg ay} Jo 13a0001 Av JUepusjag ay} se ysoo yons [|e juepuayag ayy Awd [peys erence “‘ploa aq 0} ‘sie]Joq~ ‘Ayunoj Si spaniaeiihetsoainancenstoneateabeansseidduasmbascontal "Y19[D 94) a10jag \ ‘¥NITONVOD HLYNON 4O AL¥LS Summons For Relief—Clerk—Printed and for sale by Brady, The Printer, Statesville, N. C. 6-20-'07——500, WALL.annexed..of J....W.. Codie, deceased and..Mrs...Lizzis A. Call, Potitioners, SUMMONS FOR RELIEF. County---GREETING: 7 ae Lentz and Miss Hattie ‘M ‘f ‘8 I p o d Oo > ‘Oo if..t.hev.....fail to answer to the said complaint at that time, the plaintiff®...will apply for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. ber, Cc es RA LLIL heh super Court Kae ee Bi e _D . He Ca l l , ad m i n i s t r a t o r . . . . . . . . c. t . a . J. W, Co d i e , et al , AG A I N S T Mr s , Al i c e E, Le n t : SU M M O N S FO R RE L I E F , Re t u r n a b l e wi t h i n . . . . . . . . 3 . _ . . . . . . . . . . . . . d a y s in t o th e of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t Co u n t y . fF M AS O N , . . . . . . . . . . Pl a i n t i f f ' s At t o r n e y . Co d i e , J. W. 19 0 9 OQ ° a. zs _ = 60 6 1 North Carolina # In the Superior Court, Iredell Dounty # Before the Clerk of said Court, D. H, Call, administrator with the if will annoxed of J, W. Codie, deceased, # and Mrs, Lizzie A, Call, Petitioners, # versus # Petition for the Mrs, Alice E, Lentz, Miss Hattie E, # Sale of Lands for Codie and Dr. J, L, Codie, Defendants. # Assets, Your petitionerg, D, H, Call, administrator with the will annexed of J, W. Codie, deceased, respectfully showeth to the court:= First:- That J, W. Codie, late of Iredell County is dead, he having died testate and having made and published his last will and testament, a copy of which is hereto attached, marked Exhibit A,, and made a part of this petition; that said will was duly admitted to probate, proven and recorded and is now of re=— cord in Book of Wills, No, 7, page 92, in the office of the clerk of the Superior Court of Iredell County, North Carolina, Second:— That both the persons named as executors in said will have renounced their executorship in wetting, filed in the office of the clerk of the superior court as provided by law and have refused to qualify and to act as executors under said wills that thereafter, to-wit, on or about the 3rd day of Jan, 1910, the petitioner D. H, Call was duly appointed and quali- f.ed as administrator with the will annexed of the said J. W, Codie, deceased, and has entered upon the execution of said will and the administration of said estate in accordance there= with, Third:— That at the time of his death the said J, W. Codie was the owner in fee and seized and possessed of the following lands lying and being in Iredell County, said State, Turners burg Township, on the North side of the South Yadkin River, near e o a. ¥ = = 60 6 1 Henry's Ford, beginning at a black oak, running South 6 West 25 chains to a hickory D. C. Lazenby's corner: thence South 24 East 26 chains & 68/100 to a pine; thence with D. C, Lazenby's line 27 yards from the waters edge 20 chains and 72 links to a white oak stump on the south bank of the Rivers; thence down the south bank of the River 97 chains and 50 links to a white oak on the south bank of the River on Lucy Bell's lines thence across the River two chains and 25 links to a black oak; thence with the meanders of the River 22 chains and 50 links to a black oak stump; thence North 3 East 4 chains and 50 links to a stone L, J, Lazenby's corners; thence South 60 1/2 West 23 chains and 50 links to a stone__corner; thence West 25 chains to the beginning, containing 265 acres more or less, See deed from Alex Bailey to J. W. Codie, Book of Deeds, No. ll, page 227, Register's office Iredell County, From the above boundary the said J. W. Codie, prior to his death conveyed by deed to his daughter Mrs, Alice E, Lentz, the following de- seribed lot or parcel of land, viz:— Beginning at an iron wood on the south bank of the Yadkin River, running North 14 East 88 poles to a black gum: thence South 62 1/2 West 94 poles to a stake, Henry Hix’ corner; thence West 11 1/8 poles to a pines; thence South 22 East 79 poles to a birch on the bank of the Rivers thence with the South bank of the same to the be- ginning, containing 45 1/4 acres more or less, See deed from J, W. Codie and wife to Alice E, Lentz, Book of Deeds No. 11, page 794, Register's office Iredell County, Fourtht- That Mrs, Mary A, Codie, widow of the said J, W. Codie, who, by virtue of said will held a life estate in said lands above described and devised by said will, is dead, and said life estate is fully and finally determined, Pifth:- That the said J, W, Codie left him surviving, be- Sides his said wife Mrs, Mary A, Codie, now deceased, the fol- lowing named children:- Mrs, Lizzie A, Call, Asheville, N, Coy Mrs, Alico E, Lentz, Salisbury, N. C., Miss Hattie E, Codie, Salisbury, N. C., Dr. J. L. Codie, Mulberry, Tenn., Miss Laura B, Codie, now deceased, who died unmarried and without issue, in Iredell County, after the death of the said testator J, W. Codie; that the four first named above still survive, and are the beneficiaries under said will and are en~ titled, through the said administrator with the will annexed to the proceeds of said lands, subject to the provisions of said will, after the paymentg of debts and costs of administra-— tion, or so much thereof as the personal estate may be insuffi- elent to pay; that it is necessary that said lands be sold and converted into money in order that said will may be executed and said estate administered in accordance with said will, Sixth:- That said administrator with the will annexed has not sufficient funds and assets in his hands with which to pay the debts of said estate and tho costs and charges of administrations; that a sale of said lands is necessary to obtain assets with which to pay the debts and costs and charges of administration of said estate, Wherefore, your petitioner prays that a sale of said lands be decreed upon such terms as the court may direct, and that a commissioner be appointed for said purpose and that said lands be sold publicly after advertisement as provided by law, to the highest bidder, M Zte by ope joins in said petition, YD hi: AH OK & Ase This Oct, 17, 1910, Sel for Petitioners, i Exhibit A, Copy of Will of J, W. Codie, May 30th, 1890, I, Jesse W, Codie of Iredell County, North Carolina, do mako this my last will and testament in manner and form as fol-= lows, hereby revoking all former wills by me, I desire that my executor hereinafter named cause a suit— able tombstone to be placed at my grave and pay for it from funds «@ out of my estate, My will and desire is that my wife Mary A. Codie have the entire use of my plantation all of my personal property to use for her comfort, just as if T were living, during her life time, end after her death my will and desire is that my plantation be valued by three disinterested men and if my wkamkakiomxke three C ° a. # : rae = youngest daughters, Laura, Lazie A, and Hattie E, Codie have my plantation to be equally divided between them, but in the 60 6 1 event they ( the three above named daughters) are not disposed to take it at the valuation, then my will and desire is that it be sold by my executor together with my personal property and the proceeds of the sale of said property be equally diviced betwoon all of my five children, except my son Jas, L, Codie to whom I have already advanced One Hundred and Sixty Dollars which smount I desire deducted out of his distributive share in the final settlement of my estate, and further I desire deducted out of my daughter's, Alice Lentz, wife of John Lentz, distrib- utive share of my estate, in the final settlement Two Hundred abd fifty dollars, having already advanced that amount to her in land, I hereby appoint Lee Lazenby to execute this will and in the event he does not accept I appoint Offie Stimpson, Witness:= J, K, Morrison J. W. Codie (Seal) D. C, Rufty, Co d i e , J. W. 19 0 9 M f 21 p o d 60 6 ! North Carolina # In the Superior Court, Iredell County # Before the Clerk, D. NM. Call, administrator with the will # annexed of J, W, Codie, deceased, and # # Mrs, Lizzie A, Call, Petitioners, versus # Order for Mrs, Alice E, Lentz, Miss Hattie E. Codie #¢ Publication, and Dr. J, L, Codie, Defendants, # Iteppearing from the affidavit of Geo, B. “icholson, of counsel for the petitioners in this action that Dr. J. L. Codie One of the defendants named therein, ts not to be found in Iredell County, and cannot after due dilligence be found in the Btato, and it furthor appearing that there has been instituted in the Superior court of Irsdell County an action or Special procsoding for the salo of land for assets to pay debts and costs and Charses of administration and for assats to enable tho said administrator with the will annexed to carry out the provisiond of said wills that the said action ralates to real estate situated in said county and that said defendant is a proper and necesary party to said actions It is therefore ordered, that notice of this action or special proceeding be published once a week for four Successive mz Weeks in The Landmark, & newsnaper published in Iredell County, Setting forth the title of the action, the purpose of the same, and requiring the defendant to appear at the office of the Clerk of the superior court in Irdell County, Statesville, WN, C., On 19th day of Nov, 1910, and answer or demur to the complaint of the plaintiffs, This Oct, 17, 1910, ; <thiniaein (Ltt <7 “Clerk Superior Court, bu n d co £t A f . — LA R 4 te c t ‘A M f ‘8 I p o d 60 6 1 Yorth Carolina # In the Superior Court, Iredell County # Before the Clerk, D. H. Call, administrator with the will # annexed of J, W. Codie, deceased, and tr Mrs, Lizzie A, Call, Petitioners, # versus t Affidavit for Mrs. Alice E, Lentz, Miss Hattie E, Codie # Publication, anc Dr. J, L, Codie, Defendants, Geo. B, Nicholson, being sworn Says; That in the above entitled action now pendins in the superior court of Iredell County, the sheriff of said County has returned the summons issued to him in said action ondorsed,"Dr. J, L. Codie not to be found in Iredell County, that said defendant cannot after due dilligence be found within the States; that affiant is in- formed and believes and avers that said defendant is a non— resident of the State; that a cause of action exists arainst ssid defendant in favor of the petitioners as follows: An action for the sale of land for assets to pay debts and costs and charges of administration and for assets to enable the said administrator with the will annexed to carry out the provisions of said wills that the saie action relates to real estate situat— ed in said county and that the said defendant is a proper and necessary party to said action, Wherefore, the petitioners pray that an order may be made 4, the court that service of summons be made on said defendant by publication in some noews— peper published in Iredell County, North Carolina, Sworn to and subscribed before me, tye Af / h\ys, ee Cpy Clerk Superior Court, / Co d i e , J. W. 19 0 9 ‘M f ‘a I p o y 60 6 1 North Carolina #- In the Superior Court, ” Iredell County # Before the Clerk, D. H. Call, administrator with the df will annexed of J, W, Codie, deceasad, and # Mrs, Lizzie A, Call, Petitioners, # versus # Order of Sale, E. Codie # # This cause coming on to be Heard on this the 19th day of November 1910, the return day of the summons heretofore issued, upon the petition filed in the cause on the 17th day of October 1910, and it appesrins to the court that the surmons has been duly served on the defendants Mrs, Alice E, Lontz and Miss Hattie E, Codie, by personal service thereof, and that the summons has been duly served on the Other defendant Dr, J. L. Codis, who is a non-resident of the State by publication thereof once a week for four successive weeks in The "andmark, a newspaper published in Iredell County, which said service has deen entirely completed prior to the dav of the return of the summons, as provided by law, and no answer nor demurrer having been filed to the vetition and no appearance beins made by the de= fendants or any of them either in person or by counsel on this the return day of the summonsSsexcept Miss Hattie E, Codie anvearad in person, but filed no answer or demurrer to the petition; It is therefore considered and adjudsed by the court that the petitioners have the relief prayed for in tho petition; that the lands described in the patition be sold at public auction to the st bidder at the court house door of said county, upon such terms as the court may direct, after advertisement for thirty days as provided by law to the end that the will may be executed and said estate administered in accordance with the will and the adnministra- tor may sdminister the said estate as provided by law, It is further considored and adjudged by the court that Geo, B, Nicholson, be and he is hereby appointed a Cormissioner of this court vo juake said salo and report his proceedings to this court. _ - WM bee P_©oLf> L/ be ated Jar Ceee 24 (CXL % f ge £P Cy (l o c Cr e u t z G~ A fi r ( Co d i e , J. W. 19 0 9 T t oa iredell 3 Sefore Carolina ~“uperior a vall Administrator A n t 4a e ta Soe} + 4 AA nighest bidder x eizehteenth -” i@ advertis@mpa the land ' d where wilOl Sale be confirmed and Superior Court the Clerk. os el a OT Vedeos p n+ charges of nee os ; : Cody shall have been in +s vAACG Se Lui Me po NORTH CAROLINA, IN THE SUPERIOR COURT, ROWAN COUNTY. NOVEMBER TERM, 1912. @reeerveer eevee ree tereeveevereeeeereeereeeseeer eee eee ee ae D. H. Call, Administrator of J. W. Cody, with the Will annexed, and lirs. Lizzie A. Call, plaintiffs, VBe ANSWER. Mrs. Alice EH. Lentz, Administratrix of J. ». Lentz, deceased, irs. Alice EK. Lentz, hiss Hattie EK. Cody and J. L. Cody. Defendants. ® ° ° ° . * e ° o ® ° ° ° @eeseeveveeeeweeaseesvpeeeoceeeseeseeveepseeeeeeeeaeeeeeeeee The defendants, answering the complaint of plaintiffs, say: lst. Tnat the allegations contained in paragraph one of plaintiffs complaint are aduitted. 2nd. That defendants have neither knowledge nor information sufficient to form a belief as to tie allegations contained in paragraph two of plaintiffs cowplaint, and therefore, deny the same. 3rd. That defendants have neither knowledge nor information sufficient to form a belief as to the allegations contained in paragraph three of plaintiff complaint and, therefore, deny the same. 4th. That the allegations contained in paragraph four of plaintiff complaint are admitted. 5th. That the allegations contained in paragraph five of plaintiffs complaint are not true and are, therefore, denied. 6th. That the defendants have neither knowledge nor infor- mation sufficient to form a belief as to allegations contained in paragraph six of plaintiff complaint, and, therefore, deny the same. 7th. That defendants have neither knowledge nor information sufficient to form a belief as to the allegations contained in paragraph seven of plaintiffs complaint and, therefore, deny the Sallie. Further answering the complaint of plaintiff defendants allege: (1.) That the cause of action stated in the complaint, as to the 9675.00, alleged in paragraph five thereof, did not accrue with- in three years next before the commencement of this action; and that the said hary A. Cody was not guilty of the grievances alleged in paragraph five of the complaint at any time within three years before the commencement of this action. (2). That bary A. Cody was not guilty of the grievances alleged in paragraph six of complaint at any time within thfee years before tie commencewent of this action; that J. +. Lentz, as the executor of the said Mary E. Lentz, or otherwise, was not guilty of the grievances alleged in paragraph five of complaint at any time within turee years before the commencement of tuis action; and, that the cause of action stated in said paragraph did not accrue within three years before tie commencement of tiis action. soe ATTORNEYS FOR DEFENDANTS. NORTH CAROLINA, Hattie i. Cody being duly sworn, says: That she is one of the defendants in the above entitled action; that she has read the foregoing answer and knows the contents thereof; that the same is true of ner own knowledge, except as to those matters and things there in stated upon information and belief, and as to those, she believes it to be true. Sworn to and subscribed before me this day of November, 1912. CLENK SUPERIOR COURT. Iregel] in manner anf form f'o desire that »y exe hat-p r } 2 Stone to be my estate, will and desire plantation thay,(the three above named c the valuation, then ny ether with all sale of said property Children- alreday advanced desire deducted Iut of nur Settlement my estate, and Alice vite Asa cy} ts aaughter's Lentz, my estate, settl having alreday advanced that to execute this I appoint Offie Stimpson, signed sealed and delivered in the presence of cutor placed ounty, make this my last ao llows hereby revoking all former Willis a © hereinafter named cau @ a at epave and pay tor it from is, that my wife arv + ¥ on-all of my personal Living ©?» r WwW © r € 2 Will and desire disinterested lzzie 1 evided | aughters) Will and desire is that it be sold by my personal property be equally divided betwe: Jodie to whor: Sixty Doilars- which amount I share in the final further I desire aeduc of John Lentz, distrib ement Tw Hundred and amo ner in land hereby appoint 1c event he does not accept IN THE SUPERIOR be ti! is exhibite Court for said t VEG by iurty ewonr ; : ‘and as a orrison 5 duly ana sal 10O WN him pu that the sa his name aforesai ode subscribed shown L89gc, as at ¢ said paper-writing his last will and oseribe his name >ssegx thereto, and testator. that at said n when the said the said iforesaid, subscribi attesting the soumd mind nder any aeponent, Gid, the b a and witness saic . ‘ execute a will, information or belief cdeponents say not. several] sworn and ary LYLO, v "a ‘jan S LOT é iUo not thi subscribed betore me superior ly ; mn North Carolina, Iredell County. the In therefore, the paper-writing Will and testament of J. W. Codie, the foregoing examination and this recorded filed, LG ee that anid VhlAy mwALU and apywty 7G 42Puness ’ lerk Superior ie last bad ©~Detore county, therein mentioned, and the due i the o subscribing J» scribing tL will presence of this de; said ana restraint consicered and adjudged by the and every part tiereof ueceased, certificate will and tes me, the under by is ry Y Ament of Lg@neda, *“timpsor execution ti! ninatio: witnesses thereto; and each for hi to the paper-y i and testament aLYre- vil th and Xa pa er=-writ inj, Now Z + . len xy OUTI aay O iis ibscribed subscribed time of thereto, memor Ana superior Court. is the are Yourt the last same witl ordered to b anda pOure: . North Carolina, [Iredell unty. In in the matver of the Last ana ie tament Ou J + . vw (4 I PEA L notice, that executor + u the +he Une Ol he said tes administer es his right +t January lst, l horth Carolina redell County. In the matter of the adn of the estate Ot 4s. é ° THE Take no tice, Kin in equal unc nen te) cease mexed, in that the will an a \ Adee Wis next of reno S ° ae North [redel} he admi bei redell Co that Lee I rein n ve renoun writing. The saica [I egatee and devisee unuer all other legatees a - Codie, she, the sai right to appointment as t therefore applies for let on the estate of Futher, that the realty and personal ascertained at the entitled under are as follows:- and Dr Ta Nn ie, estament COC t amea 4a i 1 ro 4) Wi Uli 4 4 ' el a nNnexeca, Pp Jv? ae UAu oO b persons thereof Lentz f’ sa aS. i , subscribed of LO and the 3rd CS an 2worn this cia lacs i, SO 20 ¢ CO} ‘e. Counhy: an iy renounce txecutror last will execut as a » nyself respectfully, *. Stimpson Vill die, Lr, JP ER ( undersigned, L last will and tator in said estate o letters Y10, Wwno was ~OUlLe, ces VUp will . Lazenb testament wili, tne @xecut weeww testamentary, a ° J» 3 OL . renoun of said "*« AnsTrel o Lid as or Lazenby. Le In the “uperior Court, inistration odie, decased, LLOR a ANB Bld the undersignec oft the said administer upon to be appointed f her husband ty 2 hye ot SUP} Awe 4 wrists WAS AS Ee bk iin, ie that 4.8 degree, gatee devisee, Codie, deceased, estate of the administratrix Hy Call, and as adminis stead, ’ ana 7 the a. ; ar Ov Cail ie 1.3 and Nicholson supericr istrat , ion i aeceasea, T eG © duly sworn, ty, $8 dead azenby and |] cea at last will and stimpsen, the executors o cffice of executors, OF Ligete.A.-Cald, being in equal degree at law of the said having renounced her upon said estate, With the wil aeceaseda, We i a a their righ Be ueed, said will, na cevisees Lizzie admini atrix of administr said o \ 3 e fa ~ GQ a+ wo wboi he a: Ne LEPS the ‘ roperty o is wort! e of this 1G 90) izzie aise, and the Codie; proceeds ilice artness, Clerk Superior sells Call, United be faithful rue allegiance ; stat f North Carolina, and to the istitutional powers and authorities ich are or may be established the government thereof; and that will ende:vor to support, mai ntain anc defend the constitution ef j the constitution of the United Stat Vledge and ability; so help ve 4 said “tate, not inconsistent es, to the best of my bs H ality do further swear that I beli e J . Codde * died leaving last will and testament; that the € 1amed therein as executors of said will have renounced in writing their said appointment as executors; and that I will well and truly admiris- ter all and singlur the goods and chattles, rignts and credits, real and personal property of the said testator according to the true intent and meaning of the said will and as prov ided by law, and a true and perfect han lai thereof return according to law; and all other duties appertaining to the charged reposed in mé@, I will well and truly perform, according to the saia Will; and acc ae to law, and with my best skill and ability; so help 100 Deon. Ca. 6 nme worn to and subscribed before me this the Sra day of January 1910. os . Harctness Clerk Superior Court. Nopbh Carolina In the Superior Caurt. Iredell Couz ty. fhe State of North Carolin Oo all to whom there presence shall come-greeting: - It being satisfactorily proven to the unders 1; ened, Clerk of th superior Court for * ecell sounty, that . « Cod ‘6; late of said County is dead, having made his last will and testam nt, oils which is hereto annexed, ana Lee Lazenby and L. T. tne executors therein named, having renounced the office in writing, and irs Lizzie . vall, one oi the legatees seesunder said wiil, who is in equal degree with all others devisees and neirs at law of the said J. . Codie, deceased, 11s the right under the law Oo the appointment as adminis with the will annexed, having renounced her rignt to said appointnent, in writing, and hay nominated her lusband, the said . . Call, and requested the court to appoint him administrator with the will annexed, and the said :. H. Call, having qualifiec as admininstrator, with the snnexed, of said deceased, according to law NOW, thereiore, these are, to empower the said administrator with the will annexed to enter in and upon all and singular, the goods, rights, uredits, property and ef.ects of the said decased, and the same to take igé&m into possession, wheresoever to be found, and all the just debts of the said ueceased to pay and satisfy, and the residue of said estate to distribute according to said will. ritness my hand and sela of said Court, this the 3rd day of January. 1910. pa t ) cf 02 O oO P< wo ¢ C s = ee ~) + O S Ad. [Iredell County. © ° &. = a = 60 6 1 jarptness, Clerk Superior Court for the Ounty and State aforesaid, do hereby certify that the foregoing and annexed is a true copy of the will and the probates a@&xthax thereon, of ¥, Coaie, deceaed, and a true copy of the renunciations, application for letters of administration, oath of administratro and Letters of administration with the annexed o H. Call administrator of . Ouie, Bill of Cost—Special Proceedings.—Printed by Brady, the Printer, Statesville, N. C. 3-22-’o01-1M Summons Docket and Index. . . North Carolina, ,... IN TED SUPERIOR COURT, ee ( Answer Affidavit and order of publication C. S.C. Application for G. A. L. Answer of Guar. Ad Litem | éGen returns Nur ye. € es eas ae Le ~ cm : 7% ‘M f ‘e 1 p o d 60 6 1 a Co Mica “hap fi des a frechde tia Ce aes Co d i e , J. W. 19 0 9 ‘M f ‘8 1 p o d Oo oS \o Moe HO. Noe Ilo. Noe H. Call. Admr, c. t account with said estate, CHARGES. rent ,cotton (Stine) Sale of rent, corn rent, cotton (Stine) cash from lirs., J. Pe. Lentz sale of land (Jenkins & Wagner) amount of Judgment vs Hattie Codey Sale of rent, wheat (Stine) Sale of corn (Stine) Total Charges CR. BY THE FOLLOWING VOUCHERS. irs. Alice Lentz C. 5S. C. Rowan County fcLaughlin & Nicholson,Attomeys Je " Y. Sarlton, Arent Je. #. Carlton, Agent Je Je N. " lM. Carlton, Agent 4. Hartness, C. 5. C. A. Stine 50. Bell Telephone Co, No.10, McLaughlin & Nicholson,Attorneys No. ll.irs, A. C. Spence No. No. WO No. Noe lo. No. Wo. No, 12.R. 13.5. 14. J. 15, Je 16. Wi. 17.J6 Lee ‘right, Attorney J. Holland li. Deaton, Tax F, Carlton, Agent J. Turner, Attorney A. Hartness, Cea. Ce 18.McLaughlin & Nicholson,Attorneys 19.The Landmark LOwde Ae Hartness + &. Of Je We. Codey, deceased, in final 27.09 35.40 38.40 44.50 2900.00 50.00 40.62 48.10 v5164.11 2.50 1,80 30.00 16,00 16,90 5.00 2440 1.85 1.15 25,00 1,00 50.00 2.00 8.78 16.00 25,00 6.85 95.00 2.50 8,65 No. 21. lirs. alice Lentz 94.50 Expense Account 28.00 By 5% Commissions on $_3184,1]1 receipts allowed, 159.20 By 5% Commissions on } 439.98 vouchers allowed, 21.98 ee takantexinxhankifaxrxkiatrshrkian otal ¥621.16 Balance in hand for distribution . $2562.95 CR. BY THE FOLLOWING SPECIAL VOUCHERS. 1. Miss Hattie L. Codey $7435.23 2. Mrs. Lizzie Ae Call 743.23 at Sale Se Dr. Jas. Ie cose pA Mae frees cS Get 583.23 4. Mrs, Alice Lentz ~ £93.25 Total 72562.95 sworn to and Subscribed before me this the 15th day i, ° a. & =~ = of April, 1913, 60 6 1 Co d i e , J. W. 19 0 9 Slrbosuile, v3 - 3 wi Sn An, RE-SALE VALUABLE FARMING A NDS B. VIRTUE of a decree of the Superior Court | D R. of Iredell county, made cn the 19th day of } November, 1910, in a special proceeding entitled | >= bom administrator big the = anges of -W. ie et. al.. against Mrs. Alice E. Lentz! et als.. the undersigned commissioner will cell at | R. R. CLARK, PROPRIETOR public auction, to the highest bidder, at the court | house door in Iredell county, North Carolina, on | SATURDAY, FEBRUUARY 18th, 1911, ED TWICE-A-WEEK: TUESDAY AND FRIDAY. at 12 o'clock m., the lends hereinafter described, |= are = : ————————O to make assets with which to administer said es- tate and to carry out the provisions of said will. rt viz: Lying and being in Iredeli county, North | (i / Carolina, Turnersburg township, on the north side of the South Yadkin river, near Henry’s Ford, be- ginning at a black oak running south 6 degrees west 23 chains toa hickory, D. C Lazenby’s cor- ner; thence south 24 degrees east 26 68 chains to a Dine; thence with D.C. Lazenby’s line 27 yards from the water's edge 20 chains and 72 links to a white oak stump on the south bank of the river; thence down the south bank of the river 97 chains and 50 links to a white oak on the south bank of the river on Lucy Bell's line; thence across the river two chains and 25 links to a biack oak; thence with the meanders of the river 22 chains and 50 links toa black oak stump; thence north 3 degrees east 4 chains and 50 links to a stone, L. J. Lazenby's corner; thence south 60% degrees west 23 chains and 50 links to a stone, cor- ner; then-e west 25 chains to the beginning, con- taining 265 acres more or less. See deed from Alex. Bailey to J, W. Codie, Book No. 11, page 227. From the above boundary the said J. W. Codie conveyed by deed to his daughter, Mrs. Alice E. Lentz, the following described lot of land, viz: Be- | ginning at an iron wood on the south bank of the | Yadkin river, running north 14 degrees east 88 | poles to a black gum; thence south 6214 degrees | west 94 poles to a stake, Henry Hix's corner; | thence west 11% poles toa pine; thence south 22 | degrees east 79 poles to a birch on the bank of the | river; thence with the south bank of the same to | the beginning, containing 45% acres, more or less | See deed in Book 11, page 794. \ Terms of Sale—One-third cash, one-third in | months, One-third in 12 months, approved se- | Cirity, deferred payments bearing interest from ! cotfirmation of sale by the court. and title retain- ed wit ero Oper whole e i a tion an! . NICHOLSON, onirma' GEO. B. Se eoaue, “Roof Nicholeon, Att’ys. Golesi, No CAAe 14 VL fi x ia’ Oe R | ¥ me 5 : 4 4 i > hE LANDMARK = | xz~ : / Une 2 RATES. — we 8 i R. R. CLARK, PROPRIETOR Bed FUE E ED <7 | ON APPLICATION \/ > EO TWICE-A-WEEK: TUESDAY AND FRIDAY. A, fas | Sk . alee bik " M ‘ f f ‘ 8 I p o d 60 6 1 Co d i e , J. W. 19 0 9 1918 e. , \. STATESVILLE, N. oF “ io ( 2 sas oo ee sak TO STATESVILLE PRINTING COMPANY 5 DR. NEATNESS Pri nting 116 COURT STREET ~ PROMPTNESS TELEPHONE 208 ‘M f ‘8 I p o d 60 6 1 MING et 2; attics LANDMARK o | ser Six MO. OG; ls.. the undersi a R. R. CLARK, PROPRIETOR PRECNT? THREE | Oe ee ys y ' ON APPLICATION. } : P TWICE-A-WEEK: TUESDAY AND FRIDAY. SSS ‘M 'f “I p o d 60 6 1 ‘M f ‘2 I p o g 60 6 ! Salewille, N C_dterd 4 | NORTE. CAROLINA, {il Tredell County. 1 ™ | .D, H Call. administrator with the will dhexed | Sabscrty! of J W. Codie, deceased. and Mrs, Lizzie A. Call, ! Dr. itioners, vs. Mrs. Alice E. sae a Battie | Codie, and Dr, J. L. Codie, defen One veaal ©; mons and Special! Satine. SIX MON) The ees LY Cotte bov. ed . above named, | will take poe wy oy action entitled as above R. R. CLARK, PROPRIETOR THREE M4 has been commenced in the Superior Conrtat | )\ dell county for the sale of land for assets 4\ debts and costs and charges of administration and | TWICE-A-WEEK: TUESDAY AND FRIDAY. === =H for assets to enable the said administrator with |, —_______ ia the will .nnexed to carry out the prov sions of |? ‘ said will; that said action relates to real estate — rituated in Iredell county, said State, a’ d that ssid J defendant ie a proper and necessary party thereto; and that said defar dant will Parthar take notice that he is required to appear in the office of the © clerk of the Superior Court of Iredell county. N. . C., in the court house on the 19th doy of Novem- ber, 1910, and answer or demur to the complaint ~ or petition i in said action, or the petitioners wil! wer & the court for the relief demandea in seid J,,A, HARTNESS, ¥ Superior Court McLaughlin & Nicheton "A Sie for Peti-* tionere, Oct. 18, 1910. * ADVERTISING RATES FURNISHED ON APPLICATION - ° 2: & - = 60 6 ! atest, - s 6. how Y Mx oe. tdantuers ef.0. 0 4 aa eT ANI DIMAF | LA N D IVIi A R Dr. ADVERTISING S: oy H, Call. administrator with the will annexed J. W. Codie, d and RATES Mrs, hess A Call, Mrs. Alice E. Lentz. Miss Hattie FURNISHED owe Yea rar 5. Codie, defend Special Proceed _ R. R. CLARK, PROPRIETOR ON APPLICATION Noti jummons and Six MONT To the defendant Dr, J. L. Codie: ‘endant. Dr. J, L._ Codie above named, The def THREE MCwill take notice that an as above has eee in the Superior Court of ire- \TWICE-A-WEEK: TUESDAY AND FRIDAY. been dell county for the sie of land for assets to pay || of tion and Seb d \_€ situated in Iredell county, said State, and that said git o~< ant is a proper and necessary party thereto; af that said defendant will further take notice | t he is required to appear in the office of the || clerk of the Superior Court of Iredell county, N. pac C., in the court house on the 19th doy of Novem- |~~ ber, 1910, and answer or demur to the complaint | or petition in said action, or the petitioners wil! j apply to the court for the relief demanded in said ~~ petition, | | J. HARTNESS, lF Clerk Superior Court McLaughlin & Nicholson, Attorneys for Peti- | } nere, Oct. 18,1910. | nd ‘ M f 1 p o D 60 6 ! ny o Aurrueas (ano 2.— of § ‘ aper onc ns 2 (a s Sun CG Arcus 4 Ch . "K dog a : a : fe Sic UGC VIE EET ee J) oe a ° = & se = 60 6 1 ll jinf Pye [oe A a Uodd a 2 on a Oa Hidel bperhy, Yorrscer thaerg Lo br. Fhe beealtir Rees ad He C tecihdaner of $M lands, (9:ienh fas ited C Ve soe At 2 var, / GP, SER tre howe ica cu: cok GUE kav’ ded) Discipccaeonee Ju eat ns ie Mis ae ates Adde22 czech Ll nA Tr HK ¢ * hx: ty Lt» ee. a Ly ° Bo-rls Dea lhe potter ap alioals of fewr ead ae ot Jt. £... 24 Je. ‘A 4-4 AA Poe The puetly for She gy LAX (ELE Get. 74s of c lr ge Pan 2 424 Caos -hfpttilrs ao ter 22 Z deere Pe A ges a f 22 1 Lartl E22. Dob oee. aO-N 11010 “ t~ o. dt She vie proves dare, Ff diss Stes LB ee ee Mod 4 oul 1 ee alee fi; td. Mare ee 2 do-/t1tu Che. , Mi be do- dtu ete ia. ee Ritsn A feta a lolerte f Vie. $< fee? loarcl tre herths astesa bb — is ie ae jadi dining Vf. ah tosta orclardalive We tae <. eee ea 7i.3 ¢ kta of Kk berber) 7 9/2: 4 B Msyareee - (2 Co d y , J. M. APPLICATION FOR LETTERS TESTAMENTARY—Printed and for sale by Brady Printing Co., Statesville, N. C. eee —————— 6C636a—a—a"—aa—éeae—=*"?0o?To>q0S$=$>=— EEE EE APPLICATION FOR Le ERS one IN THE MATTER OF THE, WILL —_ fe 7¢ byl / being duly sworn, doth say: hans id Coprjt#, is dead having first made and published se Will Br Testament ahd thét ____ C0 p= is the executor named therein. Lgsther, pu the “ey of the pa aught, ee ee See ff LG, ee can be ascertajned at the date _/ this application ; and that _Mdtia. ll F3. Coanre, Lf es eee Y ae KAT Nob eds Court. OATH OF EXECUTOR SS.—In the Superior Court. / I, Lek Oe CLWLY.. cil ipealhc ri «---do so and contain the last Will and Testamght of LL: “Lil. Lh. fe ia Ml “ihe faaft <4, that I will well and truly execute the’same by first paying his debts and then his legacies, s6 far as the said estate shall ex- tend, or the law will charge me, and all other duties pertaining to the office of Executor F will discharge according to law, to the best of my skill and ability. So — me God. igpaly — g & believe this paper writing to be fi l e d in th e of f i c e of th e Cl e r k of : th e Su p e r t o r (: ti - it e da y of nd Pe e e r d o g pr o n ro c ba g ‘c o r d s ef sa i d Co n ut y Ye r k 22 0 be e r ee n De f ut y ti a k cu r t fo r th e Co u n t y of : / ~— ) "S I I “A W ‘A a y s o o 67 6 1 lire. We. B. Council P. P. OULIN ATTORNEY-AT-LAW STATESVILLE, N.C. North Carolinia Iredell County. To John L. Millholland, Cc. 3S. C. of Iredell County; I, T. S. Coffey, Executor of the last will of Mollie R. Coffey, do hereby make this as a partial settlement of the estate df the said Mollie E. Coffey. Receipts. W. B. Council note 31,800.00 Disbursments. I. S. Rambo ~900 00 2900 200 Total $1,800.00 Sworn and subscribed to before ( Oongyeg~ Co f f e y , M. E. , Mr s . 19 2 9 Fi l e d in th e of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t fo r th e Co u n t y of Ir e d e l l , St a t e of No r t h Ca r o l i n a on th e . A. D. 19 2 . re c o r d e d k O F a l l l h e e m a I L E Pu b i i c Re c o r d s of sa i d Co u n t y i No. 82.—Application for Letters Testamentary.—Vrinted and for sale by Edwards, Broughton & Co., Printers and Binders, Raleigh, N.C. hr 2<kc2¢.- County--In the Superior Court. IN THE MATTER OF THE WILL OF ) i me r Before a 2 Ne cc 2h4 tL. ffs ack C— J Clerk Superior Court. ‘ being duly sworn, doth say: . : ! ! o> 4 / Za id (Cet , late of said County, ¢ is dead, ire o first 2 g ‘ a made and published his last Willand Testament: and that CAL thet ( : hs Pe ha is the executor named therein. . Further, that the property of the the said sé CEH c le. Chet a “, consisting of:..% 4 ‘Scaoal le, is worth about SF , 80 jar as can be ascertained at the date of this application, ny ‘ and that CMadTaese i. i Va se dx? the partifs entitled under said will to the said property. a) Pics Cizgwttesece fo, Sworn to and sibscribed before me, this FQ day of. Yeap Le ESS é 4- 7 VY i § ce ae Ciern maa ior Court, i. . Lippert CA rhbrrict Pucbese Cant 2, , feat Be , LL as Mies x one ee ee gti Z Poh Chace EXC Ki ¥ i €e fL2¢ Pak Ps Plc e€. Pes YZ Z $ LA CHK mad we St. A ree a : “4 Bier Keen a ee tts ~ oo < ye MaAcet [6 G/ y y C iP eRe Ktee : ie C2 i Pn ; a e 2 0 eg a 2 ‘ f Ay _ i Fa as , a gene I ihe Ya AEC oe. 4 2 li Ly ne ag 7 take Premred ake é é / 4 Pc Aber ee ct, Jee evar J Ph to ; a//? F ‘ i ~ \7 2 A, J (/ , 4 : of €e ft Le ~ Yreand O20 ~ Wrebde. h ZL7 15 ees oa ? : . ; & . ae By , AiIZ ¢ Wwe PY Atte Lp LC 224- | ee ra lO get. fj / r>foly Jeon. Je LAAs, ntl ths ee Rae fe, jas Me. oper @ peteet Dri tar! Arche, he 4; Ish Li iH fipo* = Dated EL" ie il Miledé ee. [Pred Son poot, 7 af Prater mde Pf front “b ce Pci co. Sib f a sate : ve “ae Beye a et Aan i . oy ete; a Such Lhe? Pe eal oh on et iat. o Live faccass” ee hinee — oc. i ae paete Cn er, Dig. We Fz on tn Harel pe oe Dror 0 — fregt Mace 4 \" _ bt he ~ Corel ol Goran beg ae Ee ee Nex! ¥0 fore U faw~ for Y Berrseg — esnuspobet® * Are . O02. 34 ~ Spahet ~ R, ve hhchel ethane ~ Ones ¥ fig q fen 3 <o Se LL vila ae 2 eek Ah = gt gp ae ine : i Wor ees os tree y fal f~ * of oe a Z fee Maree f a . /)f ' GO 4O 4 Jo - Cc “es ta _ Maly Lhe iaalas Oia es onl Phi vache? Sedad = Sta 8G ey 4 avis * 2 H /, a eh fe LE AtK PE a . ek rw Vo. aol hey plo ee Oravl J Oi. Ltt fon th laa” a NS Thy ~ O\F ; A ho kas Loe he bee. =~ pce dihica” _ i —Srentrrty Ab 6 / ae cs $oO ee a ” Pegg oe Srosk. | ohn ee aa 6 Lapel hack ~ YA CP CvrAarel - Lo B i yf fp. oo bet o (, a . ate TAD Ber hy a a i, ‘ FA ‘ /s , / O. (ee s pe a ae ee say oi Vet “ Loews at MA if aes ike.” S Pe ihn 2a Jo Siti e Z a ie a ee f= a ie on of 4 3 ou “a Paes Govt * incu Z-t ee Pen Perec 4 13 Vv : , Ke é JS e2€7 F fJO-PC ~ &lan TF; ° Dafe, Coper Eee red FI 5. > Or fr By. 7 Tarif” é ee Ce “ar Aho ‘a of fal” Gy GS g~ - -appee y, t S ate a ies bgt Proctocle’ OO a ee t_’I7- O ie Vere ee ta de lar fe oe Dr oda A ct -, fio JE) EF = Broce. / Ces ee Pr pay fe bbaLloens ~ a a: ~ mn Oh. oe ee ae fee ae LAA lig ‘ serine oS Fr Bavetettng : 2. en a bat, A27y A dey pe slg a Aer Py Clr Ly - J Lorriak 7 4 ot fl aonting oo JO Lrvek ee alee eee Orca. oe 8 3 orhry Aart firv before J lili Dak ee fen feo Cae Y fe-ettertres S of Ae aes on Zink ieee oc tne 7 Fe a Sata he. x eae Sunte. ate A a hi ? 4 oe pes cule gs ) 2 1 AVI Pvtcoe Fe 2 | Porras fa Sl ae. : eae ay Pheorve? me aes a 4 Ts bs 222 z | a she nn p Uf — —— sion wi pe Viti % & & Cech ests ce hefbre Ft a thy. pie | ' (i ‘ : J a > LK poe ait if ce 22-4 adie ae a ie No, 27.- GUARDIAN OATH.—Printed and for sale by Edwards, Broughton & Co., Printers and Binders, Raleigh, N. C, State of North Carolina, )ss. In the Probate Court. tyne Coke) S ae 2 iiailiie (ZA, ae ; ols ae ALL do solemnly swear that as Guardian / will er ae fruly administer all and singular the goods and chattels, Pp Soningineoe rights and credils of the wae heat bacls my ward, whereso- a, ever to be found---secure and improve, and further to manage said estate and every part thereof, for the benefit and advantage of the Baid minor orphan, Y and according to law. So help me God. AP. FOR GUARDIANSHIP.—Printed and for sale at ‘*Landmark’? Job Otlice, Statesville, N. ©. E COURT 4Atteee COUNTY. Application for Guar dianship, f | | Min 01 Ovppdecvers:. | To the Honorable the Judge of Probate of sai Count Bp. The Application of ; c respectfully presentsthat ‘o fonc a ( Gti WUNOK CHA seat of BZ Boils eteeesesl ’ and. Aa without a guardiak : thatdhe said mnor Child tetade Becntitled CO epetaletiineng| Personal estate to the value lf J 4420 + dollars accordin g to the best inforination and belief of your applicant, To the end therefore, ¢/.1/ the estite of said minor orphans mu Y be preser ‘ved, and managed ace. “ding to law, your applicant pr ays, that letters of Guardic onship uuty be issued to himor such other person ws the Court may think est, for the in- terest of the said minor MWPhans, This 2f day of s a ConA hai i--SS, ’ ae " We Cet Atl, ; being duly sworn, SUYSs that he is acquair t- ed ‘ith ¢ the | bleep personal estate belongin £ to the above NAN Chee meme of ee we Ndecosmmad ; that to the best of his nowl- edge, information and belief, the value of said estate is ebiosed 2 MALO: dollars: bec nacebearteneisabord——_____ Sworn to before me this Z2/ day \ Cavin Funeral Home, Ine. FUNERAL DIRECTORS MOORESVILLE -:- HUNTERSVILLE NORTH CAROLINA MOORESVILLE, N. Cc. HUNTERSVILLE, N. C., RT. 2 PHONE NORTH 3-1611 PHONE TRiaNnaLe 5-6596 fanuary 3, 1960 “a g ‘A r u a WR I T ‘3 ] 0 D Clerk of the Court Statesville, N.C. 09 6 1 Dear Sir: We, all the surviving children of W.ii. Cole, Jr., bein» all his beneficiaries, respectfully request that C.k. Wagner, 319-311 Watson Building, Greensboro, North Carolina, be appointed Admin istrator/Executor of his estate. iie died Jinuary 1, 1960, in Mooresville, N.C., leavine no will. iiis wife is dead. hespectfully, Mpa. bbe) ote Tattler 19/7 pearl, ar. [Oy che hy “1 ‘ <. x) 4) ee ee ahi Ze. Ade Lice Ute et aac CY : = ye) ST (amden /Laa-« g ft Cf ec ytd fete / sts 7) 3 = Nuctte J (rh ge 2 . lode ky 4 A +t, if Matfer 2 oy ‘a g “A r u a WR I T ‘2 0 D 09 6 1 C.R.WHARTON WHARTON & WHARTON ATTORNEYS AND COUNSELLORS aT Law JEFFERSON STANDARD BUILDING GREENSBORO,N.C. TELEPHONE BR 44-4658 RICHARD L.WHARTON P.O. BOX 2159 January 4, 1960 Honorable Carl G. Smith, Clerk Superior Court of Iredell County Statesville, North Carolina In Re: Estate of W. H. Cole, Jr, Dear Mr, Smith: Mr. C. B. Wagner has Just shown me a letter addressed to you, dated January 3, 1960, signed by all of the heirs oF WW. Hy. Cele, Jr., deceased, requesting that Mr, Wagner be appointed administrator. We did not prepare the letter, but we think it is sufficient to show waiver on the part of the heirs, who are children of the deceased, in favor of Mr. Wagner, We have handled several estates in which Mr, Wagner has been either administrator or executor and we recommend him most highly. For many years he was tax consultant in the full-time employ of Jefferson Standard Life Insurance Company. He is now retired, but is in excellent health and very active. Mr. Wagner's wife is one of the children of the de- ceased and Mr. Wagner tells me that he will serve as admin- istrator without charging the usual commission. Very truly yours, Cee AHO _ WHARTON > W ARTO C. R. Wharton CRW:B CC-Mr. C. B, Wagner ‘a g “A r U s H we i ] ‘a } O D 09 6 1 C.B.WAGNER 3!0-311 WATSON BUILDING GREENSBORO,N.C. February 12, 1960 Honorable Carl G., Smith, Clerk Superior Court of Iredell County Statesville, North Carolina RE; Estate of W.H. Cole, Jr. Dear Mr. Smith: Enclosed is a statement signed by all the heirs (all adults) requesting that I be appointed Administrator of this Estate. Also enclosed is a letter from my attorneys Stating a few of my qualifications. If you see fit to honor this request, I will be glad to come to States- ville, sign the necessary forms, and furnish the required bond. Yours very truly, , ae Ke CLF 7 — ‘ C. B. Wagnér Copies to: Robert H. Cole 121 Elm Street Mooresville, N. C, Mrs. Willie Cole Maddox 1917 Yearby Avenue Durham, N. C. Mrs. Annie Cole Gate 109 Williams Walk Pall Church, Virginia Mr. Brodie J. Cole 805 Rose Hill Avenue Durham, N. C., February 13, 1960 Mr. Ce. Be Wagner 310 Watson ge Greensboro, North arolina Re: Estate of W. H. Cole, Jr. Dear Mr. Wagner: I am in receipt of your letter enclosing renunciation of right to administer y the heirs at law of the above named estate. It appears that this is in roper form and this includes all of the heirs ; I will appoint you as administrator, It will be necessary for you to appear at my office and make the application and Bive the required bond. Yours very truly, Ce G. Smith, Clerk of Superior Court. APPLICAT@: FOR LETTERS OF ADMINISTRAT@ ‘a g “A T u a H we r ‘a [ O D STATE OF NORTH CAROLINA, IREDELL COUNTY—IN THE SUPERIOR COURT. In the matter of the Administration of the Before 09 6 1 sl scelecscsicaaa tel ligt ben: aha jcc RII si cssonsonwncnatssnseneaniaissnilorenicectiicbenesiieshanaisiiiiiesinashesisspeniielss ain Si aan’ William Henry Cole, Jr is the proper person entitled to Letters of Administration on the estate of ie WIN Si einicinisincss men, UI ii iiss oaesntucnseisbhconrsscsnsbeiin Further, That the value of said estate, so far as can be ascertained at the date of this application, is about tees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS Mrs Willie Cole Maddox Daughter- 1917 Yearby Ave, Durham, NC Mrs Annie Cole Gate " 109 Willims Wk- Fall Church,Va Brodie J. Cole Son 805 Rose Hill Ave, Durham; NC Robert H. Cole * 121 Elm St, Mooresville, NC Mrs Nellie Cole Wagner Deughter- 2625 Camden Rd. Greensboro, NC STATE OF NORTH CAROLINA, IREDELL COUNTY SS.-—In the Superior Court. OATH OF ADMINISTRATOR , do solemnly swear (or affirm) that I died without leaving any last Will and Testament and that I will well and truly administer all and singular the Goods and Chattles, Rights and Credits of the said ...................W¥iii1am Henry Cole, Jr... , and a true and perfect inventory thereof return as pro- vided by law, and that all other duties appertaining to the charge repossed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. Chis Ak LALA Administrator. ag ‘A T U O H WR I T ‘2 1 0 \o SD oO HY 2dV50 are 30-1268 No. 57-B—INVENTORY—EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co. Ralelgh—8imvioes THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION NORTH CAROLINA ( IN THE SUPERIOR COURT—BEFORE THE CLERK Sine inion ie Iredel.......COUNTY{ IN THE MATTER OF ESTATE OF ‘a g “A r u a we I T I M ‘2 0 D William. Henry Colsuutn( a.) INVENTORY AAA R enna nan enseenesenaacansseneesson - Executor, Administrator, Guardian 09 6 1 Clerk Superior Court: I, we, the undersigned C..B...Wagner. of the above named estate, do hereby certify the following to be a true and perfect inventory of the assets of said estate, which have come into my hands or the hands of any person for me, as , of said estate, to wit: ne ON ON ae “ si niki, ai Es t a t e of By .. . Ex r . , Ad m ’ r . , Gd n . TO W A F D S & BR O U G H T O N CO . , Ra L E I G N —7 - 3 9 - — 3 M— ? 2 6 1 7 — 1 0 8 9 Co l e , Wi l l i a m He n r y , Jr . 19 6 0 —~ ' i y ' i ' Aa I V d S SI H L AS N LO N OG Co l e , Wi l l i a m He n r y , Jr . di y s s o y n v a x g 4 yi y w a p jo 32 2 ] wa UO T T R A I S I U L W py ak : Tf ai e -= f > 5 Jo yu o w od d st y ae BY a $~ SH I L U A d O U d TI V AO AN IV A AL V W I X O U d d Y I¥ . L O I fr -- s ‘D °N ®P i s i n o pa i e s o ] al v i s y je a y i. fo n - s -- - - - - - ‘D "N UI pa l e d o ] pu r pa u m o ai v i s y [w a y ya y q z G Q ° a ee (a n y e a ©, ap n y o u r ) 4a a s n u y Aq pa u m o ai e i s y je a y si o n p o i d wa v y Su r p n y o u r Au a d o i r g sn o a u r y j a o s yy Se ee re ee s oe er e oe ae a ee a SI O N pu e sa F % e F z 1 0 j y $ ~ se l e I s a u s g 02 af q e A e d a. u e m s u ] a1 e I s y 02 af q e A e d a5 d u v s n s u ] ss e u t s n g Au e ur pe u m o 3S aI a i U ] ai n i i u i n Jj Us I y Y I T y pu r e pr o y e s n o } { (p l a y Ap u r o l Fu r p n y p o u r ) sp u o g pu r e sy d 0 2 ¢ yu r g jo aw e n j 24 2 02 YO N I A g BY L O N LY N O D HX O ! e A d N S AO WM H A T I O JO LY O d a y HO M 1 I V e NO I S I A I G | XV _ L AI N V L I G S H N ] AN N 3 S A Z Y JO LN A W L Y V d 3 S d YV N I T O N V S D HL Y O N “a g “A I U a H WI I ‘3 ] 0 D 09 6 1 | ADMINISTRATOR'S NOTICE | This is to notify all persons hav- ing claims against the Estate of William Henry Cole, Jr., deceased, to present the same to the under- signed oh or before March 3, 1961, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This the 3rd day of March, 1960. C. B. Wagner, Admr. 310-311 Watson Bidg. Greensboro, N. C. 4-7-60 | NORTH CAROLINA IREDELL COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared T. M. McKnight, who being first duly sworn, deposes and says: that he is the owner of the Mooresville Tribune, engaged in the publication of a newspaper known as The Moores- ville Tribune, published, issued, and entered as second class mail in the Town of Mooresville, in said County and State; that he is authorized to make this affidavit and sworn statement; that the notice or other legal adver- tisement, a true copy of which is attached hereto, was published in The Mooresville Tribune on the following ( 5 ae, iz at Lal - and that the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. Z a J This:>?/,. day of. feb ‘ 19 22. TF at , ica sk Cy c € ICATION Public of said County lified, and authorized nally appeared T. M. orn, deposes and says: ville Tribune, engaged nown as The Moores- nd entered as second le, in said County and ake this affidavit and or other legal adver- attached hereto, was une on the following a ae Lal as published was, at blication, a newspaper and qualifications of tes of North Carolina ithin the meaning of s of North Carolina. ie 4 ar et making ¢ffidavit) | ADMINISTRATOR’S NOTICE | This is to notify all persons hav- ‘ing claims against the Estate of William Henry Cole, Jr., deceased, to present the same to the under- signed oh or before March 3, 1961, or this notice will be pleaded in bar of their recovery. All persons indebted to said estate will please make immediate payment. This the 3rd day of March, 1960. C. B. Wagner, Admr. 310-311 Watson Bidg. Greensboro, N. C. ? 4-7-60 2 et c NORTH CAROLINA IREDELL COUNTY AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared T. M. McKnight, who being first duly sworn, deposes and says: that he is the owner of the Mooresville Tribune, engaged in the publication of a newspaper known as The Moores- ville Tribune, published, issued, and entered as second class mail in the Town of Mooresville, in said County and State; that he is authorized to make this affidavit and sworn statement; that the notice or other legal adver- tisement, a true copy of which is attached hereto, was published in The Mooresville Tribune on the following f and that thé said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Statutes of North Carolina. This:>2/. day of. C¢ Adke ee ; 19.G2. sy ' i I ! i a oe WHARTON, IVEY & WHARTON ATTORNEYS AND COUNSELLORS AT LAw JEFFERSON STANDARD BUILDING GREENSBORO, N.C. c.R WHARTON CHARLES mM IVEY, UR TELEPHONE 274-4658 RICHARD L. WHARTON P.O. BOX 3324 January 19, 1961 ‘a g “A T U a H We I T I I A ‘2 [ 0 D non, ©. fT, Smith, Clerk Superior Court of Iredell County Statesville, North Car 09 6 1 Olina In Re: Estate of William H. Cole, Deceased C. B. Wagner, Administrator Dear Sir: We have been assisting the ad limited affairs of the above small est understand, a few days past due. ministrator in winding up the ate. The annual return is, I The purpose of this tension of about one month not only his annual account letter is to request that you grant an ex- from date, for the administrator to file but what in fact Will be a final one, Sincerely yours, January 20, 1961 Wharton, Ivey & Wharton Attorneys at Law Jefferson Standard Building Greensboro, North Carolina Attention of Mr. Richard L. Wharton Dear Sir: I am in receipt of your letter with reference to filing an account in the estate of William H. Cole, deceased and requesting additional time in which te file same. As requested, I will granv the administrator an: additional thirty days in which to file this report since it is te be a final accounting. Yours very truly, C. G. Smith, Clerk of Superior Court. (rt (it et SS WILLIAM HENRY COLE, JR., ESTATE C.B. WAGNER, ADMINISTRATOR 310=311 WATSON BUILDING GREENSBORO, N. C. ‘a g “A I U d H WR I A ‘2 1 0 5 FINAL REPORT February 27, 1961 09 6 1 RECEIPTS: Cash on hand 60.00 Balance in Bank (First National Bank of Mooresville) 378.08 Received from Social Security Administration 355.00 Total Cash Receipts 793.08 CASH DISBURSEMENTS: 2-29-60 Cavin Funeral Home (Balance) 388. 38~ 4-8-60 Lowrance Hospital 133,25” 4-9-60 Fox Insurance Agency - Bond 12.50% 4-8-60 Readlings Grocery 25. 70” 4-25-60 Mooresville Tribune Creditor's notice advertisement 6.40% 5-6-60 Town of Mooresville - Marker 220.00 v 5-22-60 First National Bank Check Charge 25” Total Cash Disbursements 786.48 Balance 6. 60 tbh lpieor up po ff ip 2 PERSONAL PROPERTY RECEIPTS: Clothing, Furniture, Guns 300.00 PERSONAL PROPERTY DISBURSEMENTS: Distributed to all the heirs in accordance with their agreement Sworn to and subscribed before me, Cc. B. WAGNER e BOOKKEEPING & TAX SERVICE e GREENSBORO, N.C. Application for Letters of Administration.—Printed and for Sale by Brady Printing Co., Statesville, N. C. APPLICATION FOR LETTERS OF ADMINISTRATION. , being sworn, doth say: late of said County, is dead, without leaving any Will and Testament, and that... 4h. A: PLearm 2. Pe ae ee tae aon is the proper person entitled to Letters of Further, That the value of said estate, so far as can be ascertained at the date of this application, is about $+ eg Sworn to and subscribed before me this___ EP PAD. NWS LNA (ON Ort Oe Clerk Superior Court. OATH OF ADMINISTRATOR TATE OF NORTH CAROLINA, =e s 7 NO \ SS.—In the Superior Court. COUNTY. j I LAK. fo tae tt Peek wee ae ol lia do solemnly swear (or affirm) That I believe that Ot oe died without leaving any last Will and Testament; and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Cla «- mo <===4 and a true and perfect inventory thereof return as provided ee oo ee qoc nce Secet betes Mictetessscss---, by law, and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. np on ‘ Subscribed and sworn to before me this.....2Y.___day ; q a a f _ , sa Administrator. s0 U d I e ] >) “U B L U D ] O D Sc 6 l —_ 7" A “W a n | ak »® or e W4 0 N RI S “T f o p e a y ie s My 4 FO F FI ) AL O N G @G 3 29 Ar y 94 4 gO Co j o yD Uf Po u d Co l e m a n , Cl a r e n c e 19 2 5 anes ; rs wk “tot of a | mse Applicétion fovLetters of Administeation. APPLICATION FOR LETT ERS OF ADMINISTRATION In the matter of the Administration of the Estate of IREDELL, COUNTY—In the Superior Court. : ’ CS vy Ile . } a Ve G. I Before............. scaniuakeos tees erate ...being sworn, doth say: scien icaca pcs esees oonmdate of said County, is dead, having died on “) .» Without leaving any Will and Testament, wd the proper person entitled to Letters of Administration on the estate of the said... +++ * Further, That the value of said estate, so far as can be ascertained at the date of this application, is about $ Real Estate, and $..1200490 Personal Property, and that the persons entitled as heirs and distributees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS fe We Coleman husband Union Grove, a aN e ra ide . ' ' Lena McCarter daughter Oar) zs H. G. Colema son Greensboro, N. Oe Ne GC an son " T ] ” daughter w " "t Col son Sworn to and | subscri Ex Lh . ° oO 3 © iS = a Cr 6 l OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, In the Superior Court—ss. Iredell County. L.#t2, 42 Yolenan een , do solemnly swear (or affirm) That I believe that...0000007°°".07 9. vole es Pinal ere RU LP ED uy needs Ome fcaiatnianinnenndied without leaving any last Will and Testament; and that I will well and truly administer all and singular the goods and chattels, rights Y (fv 7 a . f and credits of the said... Hs Ys voLeman , and a true and perfect inventory thereof return, as provided by law; and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability: So help me God. : » LOTTA i Subscribed and sworn to before me, this. ~~~. Pe (7 “ j iar wz OL ren ag Miaitatr day of + occenageren lh Drndhag ave MLE L #/ e ~ oomneny Clerk Superior Court. Address. Union Grove, +4. C. *S ‘H ‘u e w s j o g Cr 6 l Final one» Form For Executors And —— y NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY BEFORE THE CLERK IN THE MATTER OF cesses IR cies Name of representative AS FINAL REPORT Official capacity ___H § Coleman Name of deceased To C. G. Smith, Clerk Superior Court, Iredell County: ____ W Goleman of the estate of H S Coleman ’ respectfully returns and shows, upon oath, the following as a full, just, true and perfect (aeemal) (final) account for settlement of his transactions as such representative. RECEIPTS Bank of North Wilkesboro; deposit Cash in purse Issac Lunsford, note & interest Katie Lee Lunsford, note & interest Interest from bank Total Receipts DISBURSEMENTS Pauline Pennel, nurse C. G. Smith, C.S.C. Letters & copy 35 Expenses for N W Coleman 5.65 Intangible tax 82 Postage | 06 Total Disbursements $ 290. 40 Wilkes Hospital, acct $225.50 SC. 60 h Balance for distribution $1101.80 N W Coleman husband $110. 20 Lacy Snow, daughter 110. 20 Nola Johnson, " 110. 20 Lena McCarter " 110, 20 Atric Nicholson " 110. 20 Katie Lee Lunsford Daughter 110.20 Hubert Coleman son 110.20 Roy Coleman ” 110. 20: 0. N. Coleman : 110.20 H. G. Coleman +4 110.20 C. G. Smith, C.S.C. final report $5.68 bs paid by N. W. Coleman. i P ‘L f ‘u e w s j o D ‘p u North Csrolina, Iredell County. Report of Commissioners appointed to allot years Allowance of Mrs Bertha Coleman widow of J T Colemeg, deceased. AY Ry % pe 4 att ‘ One Dodge 2, D. Sedan Motor# DU-114753 Serial 7 3807211, 1935 model Total value of car $ 961.00 Due on car 586.00 Value of car at this date $ 375.00 We allot this to Mrs Bertha Coleman on years allowance. Respectfully submitted, Co l e m a n , J. T. n. d . se w e r Su e U e T O d 4 Mtat tice lr, Auk of lh Meads ark pdoctt ALCCUMKG | fa loreg ive : 2 lke eclah, of Ja uted Martina ke re — Q C ; Ue oS } e Meiwn ct of lar eteaser) ¢ Ve Cae Ci! eft, . : 7 | a arf bethutou | go fet Waluuk fila . CG e bn ae borg of eee Oiick. hy Mere _ tala uw Jo Oe flex a Sh cies Bane Mato w “me« dec LC ” J > « - ~ ~ « OWE back | Pace Jos he A114 & Crabbe RNG J porters A cuter) One ea ols CAALD> > +s “Ga hive eM. deazer’| Mees accel: MIB CM Micnintx 4 Moore? One fool Acky MF Ro Gag ok, pote eM eager | CAt Greg OV fook a ge. aeenarlh Grreatl | pe lof of Clhidalss e Joil etl Cau 4y| GArw Kl, 2. MC tlrord | ms. Laan Cleewer4 <: & wt ee, | Phe a. henge a Liltea ted Bern Onc Gt ff, Matesew aeonard Gorreg eh Oh en Silane ™ ~ . s s - Ihovadt bat | Tn Lat of folar oe 8S Mera 7 feed One MHaucdl-daw . ~ ball GLa cellule | Daw =. Curl~Maw - fi. tack Gua facut i woe W700 wie Ota bit ff fllaue kaa. . 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SEE The ect fe/t ‘ r 2B cy Cte 7 ff 9 a i GOOFS Le cF4a fr-yvo O04 / J JK ae 4 € Of date ep Ch. pied of ab (Le oe 4A lied of Ci tock thie tide the Cc oy Ro Ee tle Coltclh. -t-s Ct cle Otte Ps ara Miva (0 Gy La. i= savy . ’ 74 lit Ceol , duke, oS a ya 2049 \ én he atta betivi Op Me CSAC @ f- fred CC Lr111 Ar M4 es o , LOg?ZCL CE ptr AZ SOL a i By Jatd Ji Zl om ee 9 A “AWD Sed ay Ss Ach tl G (7 s1 0 p o a y |, ‘u R L U a ] } 0 > $9 6 1 FOR LETTERS OF vetoing fi STATE OF NORTH CAROLINA, IREDE COUNTY—IN THE SUPERIOR COURT. ¢ In the matter of the Administration of the late of said County, is dead, having died on the ; 19.65, without leaving any last Will and Testament, and that Further, That the value of said estate, so far as can be ascertained at the date of this application, is about Real Estate, and $ Personal Property, and that the persons entitled as heirs and distribu- tees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS Willie Coleman brother 3001 Comer St. Fort Pierce,Florida SS.—In the Superior Court. IREDELL COUNTY A ee i oe ec , do solemnly swear (or affirm) that I believe that ............... TM@QOGOr@ COL@MAD ec ececessscccccceeeessseceesseeee died without leaving any last Will and Testament and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said.... Ruthie. Martin , and a true and perfect inventory thereof return as pro- vided by law, and that all other duties appertaining to the charge repossed in me, I will faithfully and honestly perform with the best of my skill and ability ; ‘ia me God. Subscribed and sworn bp befpre me this/ / i ri f Siete ie A ale Co l e m a n , Th e o d o r e 19 6 5 e1 0 p o s y |, “u R W a j o D $9 6 1 No. 414. RENUNCIATION OF RIGHT TO AD’ . é Edwards & Broughton Co., Raleigh NORTH CAROLINA Iredell SUPERIOR CourT—BEFORE THE CLERK County. IN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF RENUNCIATION OF RIGHT TO ADMINISTRATION =I rie Clerk of the Superior Court of Iredell TaKE Notice, That the undersigned do... , deceased, in favor and aniiiile ask W jLilec oLFMAN Ii Co l e m a n , Th e o d o r e GL V L I S E FH L JO Ya L L V W AH L NI di g a s 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 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 7 NA M E OF ES T A T E tt CO U N T Y . NA M E OF RE P R E S E N T A 2 fy - AD D R E S S “ NA M E OF AT T O R N E Y AD D R E S S cl e On e of th e Re v e n u e Ac t , re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e fa i l u r e to fi l e th e s e re p o r t s . PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T NA M E AG E RE L A T I O N S H I P Ba n k de p o s i t s Na m e of Ba n k Ba n k de p o s i t s Na m e of Ba n k St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) tc 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 _ $ Mé e r t e n e r s aa d No t e s — — 5 os Le a ee e 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 ~- - ~ ~ - 1 Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e '3 va l u e ) -~ - - ~ - - CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co f e r s th e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t e mo n t h of @ 2 . “ #2 F_ , 19 5 ° - Da t e IM P O R T A N T : ‘a t e wh e t h e r ea e Ad m i n i s t r a t i o n Ex e c u t o r s h i p ( ) Co l e m a n , Th e o d o r e 19 6 5 e1 0 p o s y | “u R L U a [ O D $9 6 1 NORTH CAROLINA IREDELL COUNTY IN THE MATTER OF THE ESTATE FINAL ACCOUNT OF THEODORE COLEMAN, DECEASED NOW COMES RUTHIE MARTIN, OULY QUALIFIED AND NOW ACTING ADMINISTRATRIX OF THE ESTATE OF THEODORE COLEMAN, DECEASED, AND FILES THIS HER FINAL ACCOUNT, AND RESPECTFULLY SHOWS UNTO THE COURT THE FOLLOWING? RECEIPTS: FROM SALE OF 1957 PONTIAC AUTOMOBILE TO Houston $ 400.00 FROM REBATE ON AUTO INSURANCE, WEBB INS» AGENCY 16.80 TOTAL RECEIPTS $ 416.80 DISBURSEMENTS : To RUTLEDGE & BIGHAM — FUNERAL BILL $ 703.75 To Lowry DruG CO. FOR DRUG BILLS 125.39 TOTAL DISBURSEMENTS $ 829.14 COSTS OF ADMINISTRATION: To Record & LANDMARK = CREDITOR?S NOTICE $ 6.80 To Re Ae HEORICK, ATTNY. FEE 75.00 To CLERK OF COURT, COURT COSTS 9.70 TOTAL COSTS OF ADMINISTRATION $ 91.50 TOTAL RECEIPTS $ 416.80 TOTAL ALL DISBURSEMENTS 920.64 BALANCE FOR DISTRIBUTION -0- ALL OF THE DEBTS OF THIS ESTATE HAVE BEEN PAIDe THE PROPERTY BELONGING TO SAID ESTATE WAS INSUFFICIENT TO PAY THE DEBTS AND THE BALANCE OF THE DEBTS WHICH COULD NOT BE PAID FROM THE PROPERTY IN THE ESTATE WERE PAID FROM INSURANCE FUNDS RECEIVEO BY MRS. RUTHIE MARTIN AS BENEFICIARY, SHE HAVING PAID THE PREMIUMS ON SAID INSURANCE AND COLLECTED SAME AS OWNER OF THE POLICY AND AS BENEFICIARY. AND NOW, HAVING FULLY ADMINISTERED SAID ESTATE, SHE PRAYS THE COURT THAT THIS HER FINAL ACCOUNT BE AUDITED AND APPROVED, ANDO THAT SHE BE DIS= CHARGED AS ADMINISTRATRISe THis 18TH DAY OF AuGusT, 1965. () f, ton Natlin (SEAL) RUTHIE MARTIN, AOMINISTRATRIX OF THE ESTAEE OF THEODORE COLEMAN, DECEASED SWORN TO AND SUBSCRIBED BEFORE ME THIS I8TH DAY OF AuGuST, 1965. Agia 7 hasten florary PusLic My commission expires: 2/4/67 pl a e g pj o u r y ‘A 2 j 0 D 04 6 1 Form 342—-REPORT OF COMMISSIONERS ALLOTTING WIDOW’S YEAR'S SUPPORT Edwards & Broughton Co., Raleigh—-O-88 IREDELL TOWNSHIP The undersigned, , a Justice of the Peace, and R. W. Cavin , Commissioners, duly summoned and sworn, do hereby assign and allot to widow of Arnold David Cole property of the value annexed, to wit: make up the year’s support, we assess such deficiency at Dollars, to be paid by the personal representative. November NOTE: The widow is entitled to $1,000 out of the crop, stock and provisions of the deceased, and $300 addi- tional for each member of the family under eighteen years old as her year’s support. The commissioners shall make and sign three lists of articles assigned, stating the value of each, the number of the family, and deficiency to be paid by the personal representative. One of these lists shall be delivered to the widow, one to the personal repre- sentative, and one returned by the Justice, within twenty days after the assignment, to the Clerk of the Superior Court of the county, who shall file and record the same, and enter judgment against the personal representative, to be paid when the assets shall come into his hands, for any residue found in favor of the widow. In case there be no stock, crop or provisions on hand, the year’s support may be allotted by commissioners from the personal property of the deceased and also any debt known to be due him, and said allotment shall vest the said property in the widow and her right to collect said debt. When there is no administration, or the widow is administratrix, the widow may apply to the Justice.—Revisal, secs. 3092, 3093, 3098. IN TH E MA T T E R OF LO R E N E B. CO L E Y De c e a s e d . RE P O R T OF CO M M I S S I O N E R S AL L O T T I N G YE A R ’ S SU P P O R T oa Fo r m 34 2 — 7 - 6 5 — 5 3 5 5 5 — O - 8 8 Co l e y , Am o l d Da v i d 19 7 0 pr a e q pj o u r y *A 9 / 0 . ) OL 6 l Form 342—-REPORT OF COMMISSIONERS ALLOTTING WIDOW'S YEAR'S SUPPORT Edwards & Broughton Co., Raleigh—O-88 TOWNSHIP REPORT OF COMMISSIONERS Widow, etc. The undersigned, : Carol B. Neill ; , a Justice of the Peace, and R. W. Cavin » Commissioners, property of the value annexed, to wit: sore One-half...(1/2)..value in.1990 Dodge..2-Neer..autemebile......... Valued at We also find, upon examination, that the number of the family of the said widow, under fifteen years of age, exclusive of herself is . There being a deficiency of the articles on hand to make up the year’s support, we assess such deficiency at ....3250.00 Dollars, to be paid by the personal representative. Ave epi hacbt Van SA! eee NOTE: The widow is entitled to $1,000 out of the crop, stock and provisions of the oan a $300 addi- tional for each member of the family under eighteen years old as her year’s support. The commissioners shall make and sign three lists of articles assigned, stating the value of each, the number of the family, and deficiency to be paid by the personal representative. One of these lists shall be delivered to the widow, one to the personal repre- sentative, and one returned by the Justice, within twenty days after the assignment, to the Clerk of the Superior Court of the county, who shall file and record the same, and enter judgment against the personal representative, to be paid when the assets shall come into his hands, for any residue found in favor of the widow. In case there be no stock, crop or provisions on hand, the year’s support may be allotted by commissioners from the personal property of the deceased and also any debt known to be due him, and said allotment shall vest the said property in the widow and her right to collect said debt. When there is no administration, or the widow is administratrix, the widow may apply to the Justice.-—_Revisal, secs. 3092, 3093, 3098. 6- 6 5 IN TH E MA T T E R OF RE P O R T OF CO M M I S S I O N E R S AL L O T T I N G YE A R ’ S SU P P O R T Th i s . . 2 l s t . . . . . d a y of .. . . N o v e w b e r . . . . . . , 19 . 2 0 . ET Fo r m 34 2 — 7 - 6 5 — 5 3 5 5 5 — O - 8 8 Co l e y , Ar n o l d Da v i d 19 7 0 pl a e q pj o u r y “A 2 ] 0 ) OL 6 1 CSC No. W-i—APPLICATION FOR YEAR'S ALLOWANCE Edwards & Broughton Co., Raleigh STATE OF NORTH CAROLINA, CODDLE CREEK Township APPLICATION FOR YEAR’S ALLOWANCE Surviving Spouse, etc. EX PARTE A WI NE Wad, sii Sialdcthsinicsioteninmermenss Collector Executor Administrator The undersigned, surviving spouse of the said , being entitled to a Year’s Allowance for h@¥_self and family, respectfully applies to you to have the same allotted to h©¥_ as prescribed by Chapter 749, Article 4, (G.S. 30-15: 16; 17; 18; 19-30) as amended 1961. Dated the STATE OF NORTH CAROLINA, IREDELL Carol B. Neill Township , Justice of the Peace: In accordance with the above request, the undersigned, administrator (or surviving spouse) G.S. 30-16 (1961) of the said , deceased, respectfully asks that you will summon two disinter- ested persons (qualified to act as jurors), as Commissioners, who shall, after being by you duly sworn to act impartially, together with yourself, ascertain the number of the family of MEE. IE GI ices nitiiencncicicasidnnnene the said surviving spouse, and examine the stock, crops, provisions on hand, money or other personal property of the estate of the deceased spouse, and assign to h-€¥_ so much thereof as is allowed by law, and put h_ © in possession of the same. Should there be a deficiency of such crop, stock or provisions for said purpose, such allowance shall be made in money or other personal property of the estate of the deceased spouse, and you are respectfully requested to order such deficiency, stating the amount there- of, to be made up from the personal estate of said deceased. (G.S. 30-18) 21st _-day of November , 1970 _ brctact fC bbl ea ls Administrator, Collector, Executor (or surviving spouse) of -- Arnold -_David_ Coley » Deceased STATE OF NORTH CAROLINA, ‘ 1970 _, to assist WAIVER OF SERVICE BY OFFICER We, the commissioners named above, do hereby accept service of the foregoing summons, and do hereby waive service of same by an officer. This_--<-)- ~~ i { 11-66—2,000—58327 (Reference: Chapter 749, House Bill 741, G.S. 30-18, amended 1961.) APPLICA FOR LETTERS TESTAMENT IN THE MATTER OF THE WILL OF IREDELL COUNTY :—IN THE SUPERIOR COURT reed f. Calas ee) : ates... Ga in BOSE C.S8.C. Mary Foster Coley aac being duly sworn, doth say: Tr f That —~—thit.Ue Velev - ; late of said County, is dead, having died on the 18th day of December _ ; 12 last Will and Testament and that. Mary Fost er_ Coley is the executor named therein. Further, That the property of the said__—SsFred C, alee ied eas —_——consisting of Real Estate$__ and Personal Property $____ -... 80 far as can be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS Mary Foster Coley widow 710 Wood Street Statesville, N, c, are the parties entitled under said Will to the said property. Sworn to and subscribed before me this _ _2____day yp 4 : M ann 3 Pr . : f ad . of _ ti aa _.____. 1963 eed iy. Troatin bx —*~_Execut_71* {Clerk Superior Court. Address__716 Wood St.,Statesville, Nic, OATH OF EXECUTOR STATE OF NORTH CAROLINA i... wey Poet er Yoley do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of ss #Frre A ke oe ei le Neal ho 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 best of my skill and abjlity. So help me God. Subscribed and Sworn to before me this__ 2. day of _. POPS = ZL 19.63 tte) ae GAM So ie. oe a 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 “o r m -1 i 0 a 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 N A M E O F ES T A T E CO U N T Y NA M E OF RE P R E S E N T A T I V E AD D R E S S NA M E OF AT T O R N E Y AD D R E S S NO T E : Se c t i o n 20 of Ar t i c l e On e of th e Re v e n u e Ac t , re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e fa i l u r e to fi l e th e s e re p o r t s . : PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T NA M E AG E RE L A T I O N S H I P Ba n k de p o s i t s Ba n k de p o s i t s Na m e of Ba n k St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) Ho u s e h o l d an d Ki t c h e n F ur 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 _ $ ev . en d No t e s — 2c ee ee ee ne e $ 9. 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 —~ - - - - - Da e 1 10 . 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 ) ll . 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 12 . Re a l Es t a t e lo c a t e d ou t s i d e N. C. 13 . TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S - $ —— CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th e mo n t h of IM P O R T A N T : Pl e a s e in d i c a t e wh e t h e r Ad m i n i s t r a t i o n ( Ex e c u t o r s h i p Co l e y , Fr e d C. 19 6 3 INVENTORY OF SAFSTY DEPOSIT OX NUMBER #1546 IN THE NAME OF; Fred Coley BANK: North Carolina National Sank, Statesville, N.o, DATE TAKEN? January 10, 1963. WITNESSES? Mrs. Fred Coley Sc. G, Smith, Clerk of Superior Court CONTENTS: National Service Life Insurance policy in the amount of $10,000,00 Mrs. Fred F, Coley, beneficiary, A number of old deeds, receipts and other papers of no monetary value, This the 10th day of January, 1963, e Clerk o* Superior Court, Tredell County, North VYarolina NORTH CAROLINA, 4 COUNTY oe 2 — os oe z, Ae, 4a. , of the aforesaid * Opa ana State. oe of sound mind, but considering the uncertainty of my earthly existen do hereby make and declare this my last will and testament, to-wit: First: My execut&¢ , hereinafter named, shall give my body a decent burial, suitable to the wishes of my friends and relatives, and pay all funeral expenses; together with all my just debts, out of the first moneys coming into his hands or to — estate. Second: : 2 al and devise A Y Third: I give and devise _ I hereby constitute and appoint Pri ite seal Ls gf bert my lawful execut Rw , to execute this myAast will “and pe: according to the true intent and meaning of the same, and every part and clause thereof, hereby revoking and declaring utterly void all other wills and testaments by me a ae A os A ; A / J) J / In witness whereof, I, the said Sf Ke: UX‘ thee do hereunto set my hand and seal this the < 3 /_day of Vor - ; sere iak - ee to be his last aes and sstoment in be Pp who, at his ae and in oe presence n the presence of each ee subscrib SOL 69 = ‘eto. NGiss tk ® No. 57-B—INVENTORY—-EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co., Raleigh—51-1089 43-3 ss33 = THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION NORTH CAROLINA | ¢ IN THE SUPERIOR COURT—BEFORE THE CLERK county { IN THE MATTER OF ESTATE OF Minor Deceased INVENTORY I, we, the undersigned of the above named estate, do hereby certify the following to be a true and perfect inventory of the assets of said estate, Clerk Superior Court. IN V E N T O R Y Ex r . , Ad m ’ r . , Gd n . ED W A R D S & BR O U G H T O N CO . , RA L E I G H —1 - 6 2 — 3 M — 4 1 0 2 3 — 1 0 8 9 Co l e y , Fr e d C. 19 6 3 33-35 © 4 S533 No. 57 -A—Annual Account—Executor, Administrator, Guardian Edwards & Broughton Company, Raleigh, N. C. THIS MUST BE FILED AT THE EXPIRATION OF ONE YEAR AFTER QUALIFICATION NORTH CAROLINA COUNTY | IN THE MATTER OF ESTATE OF In the Superior Court—Before The Clerk Suge, r ACCOUNT I, wexthe undersigned PIP CAN i ea cs aa of the above named estate, do hereby certify the following to be a true and exact report covering the receipts and disburse- ments of all moneys that have come into my hands or the hands o named estate for the year beginning the day of a Pov Pos...AAY Of... DRX , 19.2 to wit: RECEIPTS DISBURSEMENTS AS PER VOUCHERS Clerk of Superior Court sg Statesville Record and Landmark #44 -—s——i—r(—_—sid—sc_sé§g ._ a@holaon Pameral. Home, Ine... _Curlee Tire and Appliance _ Sloan's Clearners $....W65h...89........ g...1u22.21 , Aedrar:, Extr., op-Guardian, being duly sworn, says that the foregding Afinual Account is in a respects true and correct to the best of his information, knowledge, and belief. Extr., or-Guardi Clefk Superior Court. The foregoing account has been audited, the vouchers submitted in support thereof examined, and the account is hereby appr and confirmed. Let the account, together with this order, be recorded and filed. This, the Z - 6... ee. eo v lerk Superior Court. os 4g “j o o} e j s q SP D “U P “x a LN N O O O V ‘T V A N N V JO pl o v a y ul pa p z 0 s a r y ‘W N O D Jo l e d n g ye p : é & wo 8 & 2 5 ? | > I d N d, 5 L 3 bs FOR THE GUIDANCE OF THE ADMIN ISTRATOR, EXECUTOR OR GUARDIAN Every executor, administrator and collector, within three months after his qualification, shall return to the clerk, on oath, a just, true and perfect inventory of all the real estate, goods and chattels of the deceased, which have come to his hands, or to the hands of any person for him, which inventory shall be signed by him and be recorded with the clerk. He shal! also return to the clerk, on oath within three months after each sale made by him, a full and itemized account thereof, which shall be signed by him and recorded by the clerk. Revisal of 1905, section 42. Every executor, administrator and collector shall, within twelve months from the date of his qualification 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 disburse- ments for the past year in the form of debit and credit. He must produce vouchers for all payments. The clerk may examine, on oath, such ac- counting party, or any other person, concerning the receipts, disbursements, or any other matters relating to the estate; and having carefully revised and audited such account, if he approve the same, he must endorse his approval thereon, which shall be deemed prima facie evidence of correctness. Revisal of 1905, section 99. Le 1 3- sof . ARY aw ———_—_—______{ pe Diniieiahiscssinininiiiitie Sot came IN THE MATTER OF THE WILL OF IREDELL COUNTY:—IN THE SUPERIOR COURT cuby K. Coley, ‘xecutrix of Before Ce Ge Smith cs fc. James E. Coley , kuby i. Coley " being duly sworn, doth say: That James i. Coley ___ late of said County, is dead, having died on the neninaiiascaisitti iia cinclee Ol GA a having first made and published___ his —_fast Will oe rix and Testament and that iuby ie Coley is the exeeutO#& named therein. en Nn Further, That the property of the said James ie Coley consisting of “ = ¢ Dux vo e : : Real Estate $ and Personal Property $7 Vv “? = 50 far as ean be ascertained at the date of this application; and’ that NAME AGE (If Minor) RELATION ADDRESS nuby Ke Coley widow are the parties entitled under said Will to the sai property. Sworn to and subscri before me this th day 19_53 60! erk Superior Court. Address OATH OF EXECUTOR STATE OF NORTH CAROLINA SS.—IN THE SUPERIOR COURT. IREDELL COUNTY 1, Ruby ii. Coley ——do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of i S_ ite Cole that I will well and truly execute the same by first paying his debts and then his legacies, so far asthe 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 e God. Subscribed and Sworn to before me this/, ee ' Execut Be aie 19.58 . X . i 7 ar e Se NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E IN H E R I T A N C E TA X DI V I S I O N RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T NA M E OF ES T A T E CO U N T Y , NA M E OF RE P R E S E N T A T I V E AD D R E S S / NA M E OF AT T O R N E Y AD D R E S S NO T E : Se c t i o n 20 of Ar t i c l e on e of th e Re v e n u e Ac t re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t e r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e fa i l u r e to Fi l e th e s e re p o r t s PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T mi n a 7 NA M E AG E RE : AT I O N S H I P an k de p o s i . Ba n k de p o s i t s 5. 6. In s u r a n c e Pa y a b l e to Es t a t e 7. 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 8. Mo r t g a g e s an d No t e s 9. 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 10 . 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 v \¥ al u e ) 11 . 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. CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th e IM P O R T A N T : Pl e a s e in d i c a t e wh e t h e r Ad m i n i s t r a t i o n ( ? Ex e c u t o r s h i p (° ) C o l e y , Ja m e s E . 1 9 5 3 OFFICE OF CLERK OF SUPERIOR COURT HON. FRANK M. ARMSTRONG IREDELL COUNTY HON. ZEB A. MORRIS RESIDENT JUDGE FIFTEENTH JUDICIAL DISTRICT SOCLICITOR FIFTEENTH JUDICIAL DISTRICT TROY, N.C. CARL G. SMITH, CLERK CONCORD, N. C. STATESVILLE, N. C. August 2, 1955 TO ALL DELINQUENT ADMINISTRATORS, EXECUTORS, AND GUARDIANS: In going through my files I find that you are not un to date in filing your report as Administrater-Executor-Guerdten. The law requires that you file an account annually until the final report has been made and you have been dis- charged according to law. I want to get all of these reports up to date before the next term of Superior Bout, which will begin Kies, and will expect you to get the report filed. The law requires an itemised statement of receipts and disbursements. Your Attorney can orepare this report for you. Please attend to this at once. Yours ver truly, ( ee er Gy ‘aa Clerk Superior Court IREDELL SUPERIOR COURTS FIFTH MONDAY BEFORE FIRST MUNDAY IN MARCH. TWO WEEKS — FIRST MONDAY AFTER FIRST MONDAY IN MARCH. CIVIL CASES ONLY. OME WEEK — ELEVENTH MONDAY AFTER FIRST MONDAY IN MARCH. Two WEEKS FIFTH MONDAY BEFORE FIRST MONDAY IN SEPTEMBER. TWO WEEKS — NINTH MONDAY AFTER FIRST MONDAY IN SEPTEMBER. TWO WEEKS OFFICE OF CLERK OF SUPERIOR COURT HON. HUBERT E. OLIVE IREDELL COUNTY HON. ZEB A. MORRIS RESIDENT JUDGE 22ND JUDICIAL DISTRICT SOLICITOR FIFTEENTH JUDICIAL DISTRICT LEXINGTON, N. C. CARL G. SMITH, CLERK CONCORD, N. c. STATESVILLE, N. C. October 2, 1956 TO ALL DELINQUENT ADMINISTRATORS, EXECUTORS AND GUARDIANS: At the last term of Superior Court Judge Phillips, charged the Grand Jury to check with the Clerk Superior Court and get a list of all delinquent Administrators, Executors and Guardians and submit them with their report. A list has been made as directed and I find that your name appears on the list. I am wirting this letter in order that you might have a chance to file a report before the next term of Court, which begins on October 22, 1956. The law requires an itemized statement of receipts and disbursements. Your Attorney can prevare this report for you. Yours very truly, , [it by raf was —— Rigs J KAS sa oa C. G. Smith Clerk Superior Court After 5 days return to CLERK SUPERIOR COURT Statesville, N. C. RETURN POSTAGE GUARANTEED - (THIS SIDE OF CARD IS FOR ADDRESS } hf |U.S.POSTAGE Mrs. Ruby K. Coley State of North Carolina Iredell County In ihe Superior Court TOucs Dec'd, Minor, Incompatent—GREETINGS: WHEREAS, It is enacted that every.....-- shall file Qo a Seat a _ Accounting in the office of the Clerk of Superior Court: Therefore, take notice that on or about the on... 19... you are due to have such report in the office of said Court at Statesville, N. C. as prescribed by law. This day of oe too aa . After 5 days return to CLERK SUPERIOR COURT Statesville, N. C. Pr woe tte tte er We On BS AM ~ ns Pr F aa J Sy ARG ge fis Ea LIBERTY 1959 F CARD IS FOR ADDRESS State of North Carolina Iredell County In the Superior Court a3 Ss Oe ae en seed 2 Jncmaet—GREETINGS =a Qaisen Dec’d, Minor, I i a depo teellgae __ shall file chag. _every.-- of. SSS > WHEREAS, It is enacted nting in the office of the a Accou! C jerk of Superior Court: Therefore, take notice that on or about the Xi. day of > e office of said Coun’ al 1— ]|.. you ‘are due to have such separ in th as prescribed by law. ‘“ This [D2 day of => Clerk Superior Court “g q so u r ‘A ] O D £s 6 l After 5 days return to CLERK SUPERIOR COURT Statesville, N. C. | \ ~_ ¥ 5 - {i “\ Sca" Meee oT ar — RETURN POSTAGE GUARANTEED <x } I> ’ DAO : 202 { THIS SIDE OF CARD IS FOR ADDRESS J ah . } ; | State of North Carolina Iredell County In the Superior Court To...) Cec theag. z TA a" MESA Lelgtessehee eaten eee be: Of 25. arr a ees Cres, Dec'd, Mixer, Ineompetent—GREETINGS: iy ELLA L............-$hall file WHEREAS, It is enacted that evel. Rae eee eR ee petdeali kn Accounting in the office of the Clerk of Superior Court: Therefore, take notice that on or about the / Zz day of 4-4 t 19..2 7. you are due to have such report in the office of said Court at Statesville, N. C. as prescribed by law. This ot / day of ........ sede. tee7 : 4a Y / 2 A. Proraciihie 4 ~~ Clerk Superior Court mn U Y “| ' “q so u r e s ‘A o ] O D c s é 6 l After 5 days return to CLERK SUPERIOR COURT Statesville, N. C, RETURN POSTAGE GUARANTEED {THIS SIDE OF CARD IS FOR ADDRESS ] Kaky Cnbeg iii ee. i Lae vc LIBERTY State of North Carolina Iredell County In the Superior Court Means vs eae a ........-.Dec'd, Miner—incompetent—GREETINGS: Clerk of Superior Court: Therefore, take notice that on or about the _/ 19 @@. you are due to have such report in the office of said Court at Statesville, N. C. as prescribed by law. et ae Que a 1942. Clerk Superior Court After 5 days return to CLERK SUPERIOR COURT Statesville, N. C. RETURN POSTAGE GUARANTEFR > STATE OF NoRTH CAROLINA IREDELL COUNTY to Kady tC eo Se ee ofS Boe _ oe Dec'd, Mé —GREETINGS: WHEREAS, It is enacted tht every e. hede. shall file YZ? aa iittala Accounting in the office of the Clerk of Superior Court: Therefore, take notice that on or about the /_3 day of ad 4 “ fe 195—_ you are due to have such report in the office of said Court at Statesville, N. C., as prescribed by law. 2 os This 195 > Clerk Superior Court IN THE SUPERIOR COURT *q so w e p r ‘f a t o g Hort ZL. G ar cas ta \ 6A fel 200e Piya ‘ Figuat ~ ty ee Uf F ee eteé LLU pels f / oe RA Fag pe ae 3 ee fom OQ. 2 by we $ b ly ‘4 Bere Cae Acc a NZ, 2, Afrel lig yf Oyo rife oe Dp agit zt Labia, les att?) Operas * ee "is ae 2 f =p i ged Lit Aifarrel avd . tt a “str eype eotletalin duly aavetperatedl vdea thr Jasusryd Sadi bavedi if burr a re — oe Cee ~¢ fore dasd ; covfrrakery Me ‘desi Lie _ feeee m7 vrelcbcptoel _sobte; tevctly iivecil ee Ss lel is Seale: dedha scot 20 te pute the Athy eg Sidevalhy and pulle flacet willie sad Cripetaknr hin pie Lirme aeseordishy, _ ay iad i hainilhaw, AD Fes meni aia ae 72 wiwliteies: t4£ ‘aif cau COBEE i. oe ae ania L, ee ths -ornsfaeatnsonvaaeed 4 A pertTwn€- teas aL. veel Cs fit de lee wate menial es of the Sind: ae FZ. 2 , 22 dLlet Cyt). lect: S496 Lhe euthertiew said of eats vane Mal PL y are Wie dan ~aetc’t aad a a pee *q so w e r ‘f a t o 9 co n ead ce te BLore - ZELA4BAIZ ed € Z fore 2A Ast, aon ee ¢ fe. vdhes i ae A ual ELAECIE abe ft LOL 1 Sf 4¢ ale eve J aisnd 2 nial safely ete (ALec he ie vitebale, 7° aot i eieregflle oa eu £224 7 oneehy cook bh ee ‘ne (ee, Cvteneg ye ity Mgt ared ot oe acedad \ LLL Liffee Z Zs Libre ala Maia walling: oe -A- agi Taser age hail sh ie eee CATO wertiid hae fee tlre vocdfu tantudt/ arid pnt ta foul a tani 423 ieee 5 etiam feet. Flat amie witatete wld, slanag-ore thet sett, AV. webessin af 2 fp Db Aefly wie sie acd ahy f Yaak ede ras. ade. by a tenet Heainkae act fetes: tl Ay wech attache deedawdd OF facil ee ant 2 oe ee, yi) spose mem fe ae peta 22 2 Live ada cart. ie L yr OSes hariperld - soso Sais ees etch Shiite of Hie was _Cte (Daan eBhe staal re aes se tT ae si venaeniont vad : en ek oekall Pee setalttindacl, ee pape ~ssetaud ae Ve YH, “ae the Sean eis, fureser. a ae nalcell veal gent, COP pated eit te pea. 22 peters Ada to of the e222€d Pace ACL tad as, p ~ V 72 oe ag! Lidice of the ov Cate hey a2 a. Zé een be al oy the eat LZ? bia jpritm aA stdaclheed co Oar athe ip asia Vii) I, nad the te ae biced ale. Fe Oo ae ae aera vital: “art am ie tothe 227 2. ames: Le ¥ Mae Clee: satleadale- Loceld - ad Bicciae Az, ae ole ht An Ltnas - 7 (iy F. GL, PZ eal +o the rlecuary sede a s wD) wee ales a L, es OF tab Ste a.agi! eee Lhe a=? YY jut aut 44 ee Pa ae et Afaredard = fe Ser btamenel ort a sho niacin: its ("fhe Lod, 73 | Oaonbife theddake- veal Atay Lidow uk wild a gers teed, coh bly cectle eee ( Aentff ceconserit, “helper ifn ated of Ulnict fe- octets ae es Loa av Gartlty Lotte mm Z whee Anv £ aig yi ke fe Jisisdi oie tLe <pcaedamaietet ut lei thee Lg AVAay - seed eviiak Lo Liv with the bet doje ipee. ral evi some ti, bn tb f, fresorw a frontier f dha flock adits tixeg *q so w e r ‘f a t o 9 tharet, Chal Plaid Lf reraly hlvvee acd, Aut -xincuiticail wag dels sighs ins Aooutedt Pia tags a gt - land wall testi thee plarikilff iil reed! ihend Ly «. wan ne phony Fe ak a dejore hi hae, whi te dle disper 7 he Scie of pally — 7 ALALY tht aed + — fe 7 aot oe he tear - Sige. a — aendets Ld Aorepucccl. a = tht OLenk caer aoa: ee — (U4: hes y+ ae eS: chains B /d. 000.4" = | DB anal : es eon — Cothy’. Wile. ee e224 itl cea ld Palen a 6 Mc pe Me tue Q ° i) @ “4 “ B @ a 0 . c# oth, Coe... Sedell Cssrily GLe pier Aer « pauses Goby te 42 G wl Lvl Le ie ee / ne bic. Y Lo 2 tac A tle Lae SIMS Po ee cs ett Arsocail be coal avide ey maa this sx tated yore — vite: eel Ahgloand wat ale te ee. 220 atete,” ee ee: a tr ~~ “a Onc ae: SW et ad A. Asta oat Aifprce Peee Hs sigan *q so w e r ‘f a t o 9 North Carolina, In the Superior Court Iredell County August Term 1896. Margaret R.Coley,Administratrix of James P.Coley. V8» The City of Statesville. The defendant answering the complaint says: That the allegations of the first paragraph of the complaint are $###6/ admitted. Thatas to the allegations contained in the second paragraph of the complaint the defendant admits that it has the power and duty to keep a reliable police force,and that a large part of the duties of the said force includes the labor of keeping the strects »sidewalks and other places within the corporation free from dis- orderly, rowdy,drunken and intoxicated persons,and 6t admits that it has the power to construct a suitable building for the impris- onment of persons charged with violating its ordinances,but it de- nies that the sole duty of its police force is to arrest drunken #60084 and disorderly persons and that it is the duty ofthe def- endant to construct suitable houses for the imprisonmént of persons charged with violating the laws of the State. *q se w e r *f a T o o 2F That it is admitted upon information and belief that at the time alleged in the third paragraph,James P.Coley was placed in th town prison or station house by the police of the defendant and for the violation of the laws of the said town,and any allegation in the said paragraph inconsistent with this satatement of facts is denied. The defendant furtheralleges,that the acts and conduct of the said Coley,the fact of his being placed in the sense te the police while in the act of violating the laws of the town, was not known to this defendant unt il after the death of said Coley. That the allegations contained in the fourth paragraph of the complaint are denied, That the allegations as stated in the fifth paragraph of the complaint are untrue and are deniéé. That the allegations of the sixth paragraph of the complaint are untrue and are denied. That the allegations of the seventh paragraph ofthe complaint are untrue and are denied. That the allegations as set forth in parag raph eight of the compjaint are untrue and are denied. The truth is as defendant is informed that there was a post mortem examination made by Dr.V.J. Hill at the instance of the jury of Inquest who held the inquest over the dead body and the defendant had no control over the deli- berations and did not attempt to exert any controlover them in any way whatever. The defendant denies any inhumanity whatsoever on its part to the said Coley before or after death/or any knowl- edge of the cause of his death until the same w as divulged by the Coronefs jury: and upon information and belief it denies any in- human or improper treatment of the dead body of Said Coley by the Coroner or the Coroner's juryor the attending physician: and it denies the allegations and argument contained in the last six lins v ae of the said paragraph. The fact is that this defendant did not know the cause of said Coley's death until the Coroner's jury composed of impartial and fair-minded men,made a full in vestigation of the causes of the death of said Coley,and under their oaths reported the cause thereof as follows: “We the undersigned jurors find no marks of violence on his person ,and do believe that he came to his death from heart disease and too free use of alchholic drinks on the eveing of his death.June 12" 1896," This defendant adméts that J.P.Coley is dead,but it denies all the other allegations of the ninth paragraph of this complaint. Yor a furhter defense the defendant alleges; That it is informed and believes that for sometime prior to his death the said ColeyJ.P.,had been excessively drinking intox- icating liquors,and that at the time he was taken into custody by the police he was so much under the influence of intoxicating liqe- uors that he was unable to stand or walk,and was down and exposed to public view,in the store of D C.Rufty on one of the main streets of the townsand while in this condition the police removed said Coleyto the police station taking care,trouble and precaution to do so in such way as to avoid anyhurt,violence or injury to said Coley and that no violence,hurt or injury was done said Coley by said police,or any of the officers or agents of this defendant. That this defendant is informed and believes that the death of the said Coley was precipitated and caused by his own wrongful co- nduct,his own carelessness and negligence and his extreme intemper- anceand debauch on the day of his death and as set ferth in the last paragraph. ad iI. That this defendant is informed that the plaintiff has not made a. filed the prosecution bond required by lgw to authori—ze thesactis: -on ,and and this fact was not known to this defendant until the filing of this answer and the defendant now states the facts and enters its motion to dismiss the action because said bénd was not given according to law. Wherefore the defendant demands judgment. I, fhat the cause be dismissed for failure to give prosecution bond as required by law. II, That defendant go without day 13 recover costs. 3 oe 2 se tk. Attorneys. for defendant. Pay WV (Ya hd LAAN de ing sworn deposes and says that he is an offie -or of the defendant town and that the facts as set forth in this 3 answer of his own knowledge are true and those stated upon infor- = mation and belief he believes to be true. Pn Sworn and subscribed to before 4 me this the 29th.day of September. 1896. = MVS cers Ace : aa, ge: Cad Sete, as “ a a fa d £o e e y 3 oe ca oi he e Zo Oe Q o pod ® “< ~~ g o a ~u . North Caro}ina ) ) ) Iredell Conty, ) in the Superior coirt, ) ) ) Margret R,Coley, Administratrix, isbieel, the City of Statesville, This to certify as we have examined tne case of the plaintiff in the above entitled action,an: beleive that she has a good and meritorious cause of action in fact and law. a Iredell co nty, Margret R,Coley being duly sworn says: That sue is unable go to give surities or make deposit required by law, to enable her to prosecute tne above action against tne defendent, the city of tatesville and therefore prays that she may be allowed to sue as a pauper. Pra it a es be ; , ee (rr eth i e. ae al Sworn before me this G day - V wees. — HVS C/ Iredell county, Margret R,Coley, Ve _w The City of Statesville, In the above entitled action, upon the certificate and atfidavit above set forth,it is ordered, First: ; That the above named Margret R,Coley be allowed to prosecute said suit as 4 pauper, Second:; ‘hat no officer shall require of Margret R, Coley Administrix any fee, and shall recover no costs. Third:; That J.L.Scales anda R.Z.Linney be asgigned to Margret R, Coley “ao to prosecute said action. 5 eee P - it this 6 day Fn 1896 (ae Je" *q so w e r ‘f a t o g Ma r g r e t R, C o l e y , Ad m i n i s t r a t r i x ag a i n s t Th e ci t y of ' St a t e s v i l l e , Co l e y , Ja m e s P. oO oO eS ® “4 “ " oO n “~~ North Carolina, In the Superior Court, Iredell County. May Term 1897, M. R. Coley, Administrator, vs The City of Statesville. The defendant in this action moves to dismiss the action for that the plaintiff failed to give the undertaking, or make the deposit to secure costs, or obtain Gdeemew from the Judge or Clerk authority to sue as & pauper at the time of the beginning of the action, and these facts are relied on in the answer, *o which reference is made. See Clarks Code, Section 204, Co l e y , Ja m e s P, . *q so w e p r ‘f a T t o 9 North Carolina, Superior Court. Iredell County. August Term 1897, M. R. Coley, Admx. of James Coley, { iglesia T~ ve : Mec Cone rm } i af fen? « The City of Statesville. L+ffs—case on appeat,the—foliowine<case—oneppenl. /. This is a civil action for damages tried at August Term 1897 of the Superior Court of Iredell County, befora His Honor Coble, Judge, and a jury. The plaintiff tendered the following issues: lst. Was the death of the plaintiff's intestate caused or accelerated by the unwholesome condition of the prison of the City of Statesville, occasioned by the negli- gence of the said City to provide a prison suitable for the health and comfort of the prisoners ? 2nd. What damage, if any, has the plaintiff sus- tained thereby ? In lieu of these issues the Court submitted the following issues: lst. Was the death of plaintiff's intestate due to the negligence of defendant as alleged in the complaint ? 2nd. What damage, if any, has the plaintiff sus- tained thereby ? Plaintiff excepted because the Court failed to ae ed submit. iy? first issue in terms as above set, forth. jd” Lhe, f - Bin oo A a sbneveiDtcy at V4 p The plaintiff introduced Thomas Kerr whose testi- mony tended to show that he was a bar-keeper, keeping a bar near the place where plaintiff's intestate was arrested by the police Aate in the evening of June 12th 1896; that 15 (2) or 20 minutes before arrest witness saw intestate and did not appear to be drunk; that he gold him two drinks of whis- a. he Woe Athi feta iE hfe te < nn a Dluee 5 Aracucag} key that evening; that he saw intestate taken ir direction of station house b Olice in cart about 4 feet square with ean heed p . o-14ee Ahee fs > nap legs hanging out of arn no rudeness done intestate; when he saw: intestate akout 20 minutes before his arrest did not detect that hg wa sick or déseased, “+t % never 20 aw he ee. Plaintiff introduced second witness, Robert Kerr, whose testimony tended to show that intestate was in the bar room of which the witness had charge - a different bar room from that kept by Thomas Kerr - from about 3:30 O'clock un- til about 6 o'clock on the evening of a 12th of June, and that while he was in his har he took two drinks of whiskey ~ and bought a te of wine but he did not drink any of the A wine and that when he left the bay of the witness he was not heat ha CYC hin Plate rhe, galr drunk; that after intestate was put in calkboose that wit- ness agreed with the Policeman that as he lived near where Coley did that when he closed his bar that night about 10 O'clock that he would take Coley home; that he went with ‘6 policeman to the calaboose some 258 yards distant about 10 O'clock that night, but Coley was then dead; that his body was found in the right hand cell rather doubled up lying on his right side and his body was stili warm, and was removed from the cell to the Mayors office adjoining and hig brother John Coley was sent for; witness describes Mayors office and cell and the doors thereto, but did not notice whether win- tem ty Bummer free ameaMoreny 41 1. fa, 2 4 “ ; dows to Mayors office were open or Shut; could not tell whether door at Bast of building at the end of the hall be- tween the cells was open or shut, or what kind of door was Lut Ct midge grace eoonctomg ain Dee Ashe _ tet be SES erhl— Cast he hinple.l~ Apirtlad ‘co lan~veee Wy ang SD The next witness “oftersd wan Thomas Sprouse, whoae@ . evidence tended to show that late in the evening of the loth of June he saw intestate Coley in store of D. C. Rufty ina *q d se w e r ff a t o 9 *q so u e r ‘X a T o 9 (3) falling position and went out hurriedly at request of some one in the store to bring in policeman. laintiff next introduced John Coley the brotyer of plaintiffs intestate, whose @vidence tended to gh that intestata& was 4] years old; was a good plasterér and wages would avérage about $10.00 a week; that he sed to drink right smart but for the last 3 or 4 year ‘he had been and not drank much; that Aritness had seen his brother in front\of Hotel about 4:30 clock and that he was apparently well and\all right and s er; witness asked him to go home with him hut he dia not do 80; heard of his death that night at 12 o'clock and/went to see him; crowd there when he got there; for @ body lying in the Mayors office hut did not know how t doors were at the time he died; that there was two d an fore you entered the Mayors office; two windows in yors offfe, one on the North and one on the South side; /that one of dhe windows partly raised / when witness got there and the other \one down and the door leading from the udyors office in direction of the cell was Open; that the e611 door was an iron lat ice door and the door on the Eagt of the building was a wodd door and shut; that there wag excrament in the cell that ad not been taken out and smelf like a privy and the cell was hot; that there was a lot in rear of the building 14 by 25 feat and this lot had fifth in it; that there were three priwWes near the rear of e€ building on the South Side, one 12 fe t, another 16 feet/and another 18 feet and had been there for of years, and another 35 feet from the building, and of the prison was about 6 inches under the froun witness denies having told Mr. Turner one of the Corone ‘s jury that he was not surprised at his brothers death; that he as expecting him to die sometimes when he was drunk. (4) aintiff next offers herself as a witness tendin to show she i& the wife of deceased; that he had not be drinking man of te years; that at times he had f spells and needed fre up; that she had not comm ne divers witnesses upon hearing of her husbands ae surprised at it, that she was expecting him t 8 times when he was drunk. George Daniels testifies tending to show that he saw Coley on the evening of his death and that he was not alec, Ae Cw th OT Ele Mert Le ho I Cree phy disherge drunk when he saw him and that he saw him carried from Rufty's store by two policemen in ke a limber condition and laid in & cart and carried to the police station, and that he had the appearance of being intoxicated; that he did not know of his being sick or he woulc have gone to his assistance; that he had known him a good while but had not seen him drinking any for some time. Plaintiff next introduced Porney Mills to show that he had seen Coley about 4 o'clock on the evenin;, of the 12th th him an hour and a half or two hours, and and had talked w ha Lid hada ink G-The Crew O0tie) that his face was flushed y and that he appeared to be in ‘ “py control of his faculties and could walk 2OcpZt Peron la T GA bry Advity. The pl&intiff next introduced R. W. Boyd who testi- fied that he had had Coley employed at $2.00 per day for 7 days prior to June 12th at 12 o'clock, and that he was well and did his work well as a plasterer. The plaintiff next introduced M. A. White whose evidence tended to show that he had seen Coley at 6 o'tclock *q so w e r ‘X a T o 9 (5) fufly P, M. on the 12th, and that he appeared to be, sober. The plaintiff next introduced Tee Morrow whose evidence tended to show that there are two doors beforé en- trance of the Mayors office, and a lattice door from the Mayors office to the hall] way between the cells and at the end of the hall way a lattice door and a wooden door, and that the door to the cell was a lattice door, and that there was no ventilation for the cell and unpleasant odors in the cell when he saw the cell on day of trial; and his evidence on cross examination tended to show that if the wooden door in the rear of the hall was oper and the door from the hall way to the Mayors office was open, and the windows to the Mayors office were open that there would be ventilation. On direct examination he stated that he had not seen intestate drinking of late and had never seen him drunk but once in his life. The defendant then offered evidence, first intro- ducing D. C. Rufty tending to show that he was a merchant doing business on one of the main streets near public square; and that late in the evening of June 12th plaintiff's intes- tate came into his store staggering and finally fell on the floor; that he smelt liquor on him when he came in; that he was appearantly drunk and that he went for a policeman; that the policeman undertook to take him out of the store but he a @& could not walk, and the policeman called for «Geputized one Relbert—+e—ascist—him,-and placed him in the cart with his head slightly elevated and bore him off in this way to the station house ; -he-was handled gently by the policemen and no violence was offered to him; about the time he fell in the store witness went to him and he struck at witness with an umbrella. The defendant next introducedR. H. Rickert whose evidence tended to show that about 5 o'clock Coley was in *q se w e r ‘f a t o 9 (6) CY “in lnhazey Cherry his store near Rufty's store ina drunken condition, and that later, about 6 o'clock of same evehing, he saw police- men carrying Coley appearantly very drunk in a cart with his head elevated in the direction of the police station. The defendant next introduced James Cox and W, P, Meonugl Te te Phifer who testified intestate, wee drunk on the evening of A the 1°th, corroborating statement of Rickert. Defendant next introduced Rev. J. 0. Shelly tend- ing to show that he psy saw the policemen when they arrested Af fit are Lt lute. Coley and that he, wee limber drunk and that he was handled A gently and without any violence by the policemen and carried to the station house. The defendant introduced the charter of the town of Statesville and the ordinances of the COWN .eeped ithe tare Defendant next introduced T. I. Steele, policeman, tending to show that on the evening of the 12th he had not- ice of Coley's condition and he went to Rufty's store and found him lying in the floor and was unable to remove him without help and called for help, and that Coley cursed him and asked him what he was going to do with him, and that without any violence whatever he was placed in a delivery cart and carried as comfortably as possible to the police station and there placed in the right hand cell; that the lattice door to the cell was shut but had 240 openings in it; that this cell opened out into a hall way at the East end of which there was a lattice door which was closed, but through which the air could pass; at the other end of the hall way there was a lattice door but it was left open, which led into the Mayors office, and that the windows, one of the North and one on the South of the Mayors office were left up (7) so that the air could pass through; that there had been a light shower that evening and that it was cool and pleasant; and that he was confined about 6 o'clock in the evening; that the cell was clean and had two blankets in it; that the pris- | hwnd on cells were always kept clean, happenett, Catt -was—eiways_oleaned—thenext—morning; that the Mayors office is provided with an electric light which shown into the cell in which prisoner was placed, and it was burn- ing this night; and that he had arranged with Kerr to take Coley home when he got sober and went there with Kerr, Henry and Karcher at 10 o'clock to send him home when he was found dead; that he immediately sent for the doctor and the Coroner and the inquest was held; that Karcher, the township con- stable, has slept trae Gobi just . gg his ceili and SOO ee ha Beer A. Pa place is kept as clean as , te is fobeibie; that the ialinkee t t t ,ni t that told witness ene’ SUE. SBF 2d, Sarerpss ed ath s goath|_ oye a v that abn Loe cae eo fe a—was—expecting he wew-. Hrirnking; that this was v Ghut bith son ee ae told to witness after his death. “st 7% hpwes. Ate Move holy nT Ton as oe al Ase: Oos~ ahnae ea ve Any a hss EO dois spite nt ne SP na Shoat M. lb. Talbert, ae ing to show that he had seen Coley drinking in the bar room 4 Kg that evening and staggering on the streets, and tending to ° corroborate Steele as to the facts regarding the arrest and the manner in which he, was placed in prison and the condition Le. of the windowg,and doors and of the prison where Coley was CA4-E Out wraiclw 4's H+fp-_Hate Ma Aerore opf-+-~j) placed; and of the extreme drunken condition of Coley at time a of the arrest as ke aff arf Ae Wr lrta ge The defendant next introduced W. G. Karcher, town- ship constable, whose evidence tended to show that he had lived in a room over the Mayors office and the town prison for 4 years, and had never discovered any unpleasant odors therefrom from privies or anything else, and that privies *q so w e r ‘X a t o 9 (8) were kept clean; corroborating Steele as to the condition of the doors where prisoner was confined; that plaintiff told witness after her husbands death that he had taken a drink AOR CLL hte be pm t, Aovrr no before he | came ayer to to town os evening; a i geet eaten Be aed Pace a gg, Fae - ee whose evidence tended to show that he conducted the autopsy he on the night of intestates death under the direction of the Coroner and his jury, and that he discovered no sign or mark of external violence, but he discovered diseased kidneys and an accumulation of cerum in the perricardium and evidence of Brights disease; that he also found that Coley had taken a quantity of whiskey into his ewatinn: but how much he is not able to say; that he died of heart failure or syncope, and that he accounts for his death from his diseased condition and from the excessive intoxicating liquors; that his death was not caused by any want of ventilation or from the condit- ion of the prison, but that he would have died in any other place in the condition that he was then in, and that it was not the condition of the place in which he was, but the con- dition in which he himself was that caused his ‘eath. And that to the same effect was the testimony of Dr. M. R. Adams and Dr. T. E. Anderson, all of whom were admitted to be ex- perts upon the trial. Ww. E. Turner was next introduced tending to show in contradiction of John Coley that there were two ventila- tors under the prison on the North side, and that the floor of cells on the “North side was 20 inches above ground and the floor of the South side was about 3 inches below the service; also contradicting said Coley as to the distance of privies; and also tending to show that said John Coley as soon as hé arrived at prison and found his brother dead stated that he was no* surprised, that he expected such a thing to happen awe 20AC Apr, LZ pee - érinking—_ \ when he was *q so w e r ‘f a t o 9 (9) J. P. Young, Coroner of the County was introduced, whose evidence tended to show that he was in the building when Coley died, and went to him as soon as it was discovered that he was in a dieing condition; corroborating Steele as to condition of prison doors and ventilation and cleanliness of the pr Lani Al-Se--be-the-ahaanhineee-SE the Saarenen ener) and that intestate was a drinking man; and had seen him in- toxicated a number of timesgy-and—or—one—ceceasion—hauied—home trr—tirts—cortttiomy Nefendant also introduced J. A. Harbin whose evidence teni3? to show that the intestate was a drink- ing man; and was not employed more than about half of his time. The defendant also introduced W. L. Cutting, tending to contradict plaintiff in regard to her husband nerlecting to support his family; and tended to show that tne intestate was a drinking man and had been hauled home drunk. The defendant introduced J. A. Fulp, tending to show that on June 12th he had seen Coley in a drinking condition; and sometime prior thereto had taken him home when he was unable to walk on account of being in a drunken condition. The defendant next introduced Mr. Caldwell, who was Mayor at the time of intestate’s ceath, whose evidence tended to show that the town authorities at that time had competent and good men for police officers, and had a sanitary police- man whose duty it was to keep the prison clean and the sur- roundings clean; and that he while Mayor frequently visited the prison in person and saw that they were kept clean; and teri Be that the town sometime before his administration, B/GGO Carttiu year 1837 or f608, chose prisons to be constructed se—as—te- —meke—them reesenabiy_comfortatte. And the defendant intro- duced J. C. Turner, Mayor Pro Tem, whose testimony corrobora- ted that of Mr. Caldwell. Dr. L. Harrill, Mayor of the town, next offered, *q so w e r ‘a t o p *d so w e r ‘a t o (10) testifies tending to show that the Mayors office by measure - ment is 20 by 24 feet and 8 feet high witn éwe-windewseand. a dor +we~deere, leading to the hall between the prison rooms, which hall is 6 by 9 feet and % feet high, and the cell is 7 by 9 3 poet ltrec ben. G fece hcg ‘ nie, of the hall nd 30 openings 6 by 12 feet and 8 feet high; there is a lattice door at the East end inches; and the door of the prison had 240 openings, the door being 32 inches wide and 78 inches high; and the door at the West of the hall'32 inches wide and 6 feet high; that the town had very compete t and efficient policemen; and that he personally examined the cells from time to time; and saw that they were provided for and caused tne blankets to be washed; that there was good ventilation for the prisoners; and that in cold weather there were arrangements for fires to warm the prisons; that the privy nearest to the prison is 22 feet by measurement from the prison door; and another farther away on the South East side, and the one on the North East side is 45 feet away; and that these privies are cleaned and every- thing hauled away out of the town. The defendant next introduced the Sanitary police- man, whose evidence tended to.show that ever week he caused the privies near the police station to be thoroughly cleansed and that the prisons were kept cleanly; and that to the same effect is the testimony of Dick Kumple, who for years has been employed to assist the Sanitary policeman in this re- gard. And the next witness offered was Geo. H. Brown, who Zz ema testified to seeing Co vi? its on the streets shortly before his arrest. W. C. Henry, Chief of Police, was next offered by the defendant, whose testimony tended to show facts in ¢orro- boration of those testified to by policeman Steele; and that between the time Coley was put in the prison and the time he (11) was found dead at 10 o'clock, that he had visited the prison for the purpose of seeing Coley, and found him asleep in the cell appearantly in the condition in which he had been placed there; and that he left the prison with its doors open except the prison door and the windows up 4s they had heen left by policeman Steele. - - The plaintiff then resumed its evidence and intro- duced Clay Chambers, whose testimony tended to show that he had been arrested 3 or 4 years before Coley had been put in the prjson and that he had become almost stitisd while he Y, Av bben Ag Le aw ke . was in tne préson., n cross examination he testified that he had been put there because of a street fight in which he was engaged with the policeman, and his son had shot the policeman. The evidence as above recited is not set. forth in extenso, but it is recited so as to show the saliant points. fl - The Court when it read over its nesiees of the tes- timony to the jury, told the jury that whilst the Court had made minutes of the testimony and had read them to the jury, nevertheless the jury must depend upon their memory and rec- ollection of the testimony in determining what it was, and that if they remembered it differently from the minutes taken by the Court that they would take it as they remembered it and not as the Court had read it to them. _— a The plaintiff asked the Court for special instruc- tions Nos. 1, 2, 3 and 4, and the Court gave Nos. 1, 2 and 3 with modifications, which were embraced in the instructions Nos. 1, 2 and 3 following, but declined the 4th instruction, which is also set forth below: lst. If the jury find that the cell in which the plaintiff's intestate was confined was defective in its con- struction, so that the prisoners health or comfort for want *q so u e r ‘f a t o o *q so w e r ‘f a t o p (12) - /of such ventilation as would secure to the prisoner pure at- mosphere or protect him from noxious air and oppressive heat and the plaintiff's intestate's death was accelerated thereby, the plaintiff is entitled to have the jury answer the first issue yes, whether the authorities of the city had notice of its defective construction or not; they are bound in law to tare have even knowledge. 2nd. That if the jury shall find that privies were located within 22, 16 and 18 feet of the cell where the intestate was confined, for a period of ten years, then the defendant had notice of their existence, and if the jury find further that the atmosphere in the cell was rendered unwholesome, so that the prisoner was forced to inhale the noxious substances in said atmosphere eminating from said privies, and that this accelerated his death, then the plain- tiff is entitled to have the jury answer the first issue yes. Srd. The constitution and laws of North Carolina require that persons confined, $3" any public prison shall have a clean place, comfortable bedding, as the season or &@ other circumstances may require, wholesome food, drink and necessary attendance. (Const. Art. 11 sec. 6. Code 3464.) If the jury find from the evidence in this case that there was no water closet, no buckets or other means provided into which excrement from the prisoners could have been placed and the prisoner thereby protected from inhaling the noxious substances eminat ing therefrom, and fufther find that this state of ettaise had existed for a considerable length of time, for many months, when it ought to have been discovered in the exercise of ordinary care, the town authorities would be presumed to have had notice, and if the jury further find that the intestate was laid on the floor as described by the defendants witnesses and permitted to remain there for the period of three hours or more without any attendance what- (13) i /ever, that this was not a performance of the duties required by law and if the intestates death was caused or accelerated ti®reby, then the plaintiff is entitled to have the jury answer the first issue yes. 4th. The intestate having been placed in said cell by one of the police of the defendant, assisted by its Chief of Police, the defendant thereby had notice of the condition of said cell, as notice to the Chief of Police was notice to the defendant, upon the principle that notice to yp Au sirdhnchiirrr The. on ° The defendant prayed for the instructions follow- the agent is notice to the principal. hea coun helind te gx me : ing, which were given with modifications, and as modified are as follows: lst. The defendant is not answerable in damages for arrests made by policemen for violations of the ordinan- ces of the town and for the lawful commitment to prison made under such arrests; and if you find, therefore, that J. P. Coley, the intestate of the plaintiff, was upon the streets or in a public place in the town on the eveing of the 12th of June in an intoxicated condition - or in such condition that to all appearances he seemed to be intoxicated - and the town police having their attention called to his condit- ion thereupon took the deceased into custod, and carried him to the calaboose to detain him until sober enough to be taken before the Mayor and discharged according to law, and the said Coley was allowed to remain in the calaboose for this purpose, and while thus confined died in the calaboose, the defendant in this case is not liable in damages to the plain- tiff, except and unless his death was caused by the condition and defective construction of the calahoose itself. and. When the defendant town, through its pélice- men, causes the arrest of persons engaged in violating its ordinances the town is discharging a governmental function - *q se w e r ‘f a T o 9 *q so w e r ‘f a t o 9 (14) a duty and power conferred on it by its charter - and in this respect acts in the same way @het the State acts through and by its Sheriff when he makes ‘atreste for violation of the State laws; and in the discharge of these duties and obliga- tions by the town it does not incur any liability for damages for the negligence or mistake of its policemen. Moffett vs Asheville 103 - 255. ord. If the jury find that J. P. Coley was drunk openly and publicly in the town on the 12th of June - or to all appearances was publicly in a drunken condition - it was the duty of the policemen to arrest him, remove him from pub- lic view, and confine him in the city prison until sober, and then carry him before the Mayor to answer the charge, and it was not necessary for the policemen to have secured a warrant before he made the arrest and took said Coley into custody: and for making the arrest under such circumstances the defendant is not answerable in damages. (See amended charter sections 19, 20, 24 and 25; the Code, sections 3800, 5804 and 3808; ordinances of the town, sections 123 and 1603) and the defendant would not be liable to the plaintiff in | damages in this case on account of the arrest even if the policemen had gone to the extent of using violence in making the arrest, or had been careless and negligent in making the arrest and putting the said Coley in prison. 4th. In order for the plaintiff to maintain her action in this case it is necessary for her to show to the jury by a greater weight of the evidence that the proximate cause of the death of her husband was the fault of the town in failing and neglecting to properly construct and provide for the town a suitable and necesa@ary calaboose, station Bouse or prison, and that owing to such failure on the part of the town that the confinement of her husband in the said town prison was the direct and proximate cause of his death: *q so u e e ‘f £ a t o 9 (15) in other words that the death of the said Coley would not have happened at the time it did but for the fact that he was put in the town prison, which from its condition and defective construction by the town, its want of ventilation, produced the death of plaintiffs intestate. If you find the condition of the prison did not cause or accelerate the death of Mr. Coley you will answer the first issue No. 5th. But if you find that the defendant town had built a reasonably comfortable police prison for the purposes for which said prison is inten’ed, and supplied and furnished to those who had immediate charge of it those things that were reasonably essential to prevent bodily suffering on the part of prisoners while confined therein from excessive cold or heat or hunger and to reasonably protect their health, and you further find that plaintiffs husband was confined therein by the police of the town for the reason that they honestly thought that he was drunk, the plaintiffs action in this case will not lie, and she cannot recover, and you will respond to the first issue no. Shields vs Durham 116 - 395; Moffitt vs Asheville supra. 6th. If the aldermen of the town had provided a police prison as above described, that is one whose structure and superintendence was such as to secure the health and com- fort of the prisoners, and you find that J. P. Coley had been placed in the said prison by the policemen of the town and that the police had failed, forgotten or neglected to make use of the means and appliances furnished in the said prison for the reasonable comfort of the said Coley while confined therein, as for instance if they had failed to open all the doors and all the windows in such way as to give good venti-~- lation; in such case the town would not be liable in damages to the plaintiff for this forgetfulness or carelessness of its policemen, unless this carelessness had been made knewn *q so u e r ‘a t o p (16) to the authorities of the town and they had had notice to prevent the same, and if you find the facts as above stated the response to the first issue will be no. Moffett vs Asheville supra. The doctrine is that while the town must provide a suitable police station in which to confine prison- ers and exercise reasonable prudence in selecting suitable men to look after the prison and prisoners confined in it, neither the board of aldermen nor the town is responsible further than this, and the default, if there were any in the policemen of the town, would not make the town liable for the default of the said policemen. Threadgill vs Commiss- joners 99 - 352. 7th. If the jury find from the evidence that the said Coley had some disease of the heart and indulged on the evening of the 12th too freely in the use of spiritous liquors and thereby caused his own death, and that such disease and use of spiritous liquor was the proximate cause of his death, the plaintiff cannot recover and the Jury will respond to the first issue no. 8th. If the jury believe from the evidence that J. P. Coley was diseased in his kidneys and had some heart trouble, and that on the evening of the 12th he became intox- icated and thereby brought on syncope or coma as testifiad to by the physicians and that this excessive drinking was the proximate cause of his death the jury will answer the first issue no, 9th. That if the jury find that the death of the said Coley was caused by some fatal malady or disease and that he would have died in one Place as well as another, and that he did die from said disease as the proximate cause of death, the jury will answer all the issues in favor of the defendant; and if the jury find that his death was caused by a disease, and by his own acts, to-wit excessive drinking, (17) /combined, and that such disease and excessive drinking was the proximate cause of his death, they will answer all the | issues in favor of the defendant. 16th. If you find the facts to be, from the evi- dence, that the police of the defendant town arrested Mr. Coley in an appearant intoxicated condition on June 12th and placed him in the police prison between 6 and 7 o'clock in the evening, and that the police prison in which he was placed was a room 7 feet wide, 9 feet long and 8 feet high, and that the door of the said prison room was a lattice door with 240 openings in it, and 32 inches wide and 78 inches high, and that the said lattice door communicated with a hall way which was 6 feet wide, 9 feet long and 8 feet high, and that at the East end of this hall way there was another lat- tice door 3 feet wide and 6 feet high communicating with the outside air, and that there was another door at the West end of the said hall which was left standing open, 32 inches wide and 6 feet high opening into the Mavors office adjacent 20 feet by 24 feet in size, and should further find that there was a window at the North and South side of this Mayors office left open at the time the prisoner was Placed in the said cell, which communicated with the outside air, and that about the hour of 10 o'clock of that same evening said Coley was found dead in the said prison, and if these are all the facts and the only facts the jury find as to the construction and superintendence of the said prison, then these are not facts, ff so found, which will fix the defendant with liab- ility, and in this state of the case you are tnstructed to ans#var the Pirst issue no. 12th. On the question of damages, submitted in the second issue if you find the first issue yes, then you are instructed in that event only, that the measure of dam- *q so w e p r ‘X a T t o 9 (18) /ages in this case is the present value of the net income of / the deceased, which you would ascertain by deducting the cost of living and expenditures of the ere from his gross income, and the jury cannot allow. more than the present value of accumulation arising from such net income based upon the expectancy of life. In considering this question of what a man's life is worth his habits, whether a sober or drinking man; his health, whether diseased and likely to die soon; or sound, and in robust health, are matters which it is the duty of the jury to consider. 13th. You are instructed that there is no evi- dence offered by plaintiff in this case as to the life ex- pectancy of plaintiffs intestate except the age of the de- ceased and the condition of his health. But the jury have a right to consider the expectation of life as stated in the mortuary table in the Code, if the plaintiff has shown the age of her intestate at the time of his death. The plain- tiff contends that her intestate's age was 41 years and the Court instructs the jury that the table in the Code states that the expectation of a man 41 years old is 27.5 years. 14th. The burden is upon the plaintiff in this case to sustain both of the issues by a preponderence of the proof and if she fails to do so, or if the evidence is evenly balanced in your minds as to whether the defendant was guilty of any negligence or not she cannot recover, and you will.. answer the issues for the defendant. Oe. is pi al Lhe Guo 9 be The llth, 15th and 16th not having been given are not copied here. The firs seh ue submitted to Cts Fo =. - "Wa the death of plaintiff's intestate caused by the negligence he *q so w e r ‘f a t o 9 *q so w e r ‘f a t o 9 (19) the defendant as alleged in the complaint?*® The plaintiff contends that it was. She contends that it was the duty of the authorities of the defendant City to see that the struc- ture and superintendence of the City prison secured the health and comfort of the prisoners, and that in this case they did not do that. She contends that the prison in which her intestate was confined was a very small cell, 6 feet 9 inches wide by 9 feet long and 7 feet high - that there was no win- dow or opening to the same except the door which was closed by an iron lattice door with apertures about 2 inches square - that this door opened into a narrow pass-way leading from the rear door of the Mayor's office to a back door about 7 feet from the door of the cell - and that there was no open- ing into this pass way except the door into the Mayor's office and the back door of the house - that the cell was not properly cleansed, that it was filthy, and that on ac- count of the improper structure and superintendence of the said prison and the filthy condition of the sama, and the want of proper ventilation, the air therein was noxious and unwholesome, and caused or accelerated the death of the plain- tiff's intestate, and that the defendant City was negligent, and that the jury should so find. The defendant on the other hand contends that the structure and suprintendence of its prison Was of such a nature as to secure the health and comfort of its prisoners - that it was properly cleansed, that there was an abundance of fresh air and ventilation, and it further contends that the death of the plaintiff's intestate was neither caused nor atceferated by any noxious air or unwholesome condition of the prison of the defendant City, but it contends that : the dntestate's death was solely due to the physical condit- ion which he was in, that one of his kidneys was diseased, (20) / there was some trouble about his heart and that he was suf- influence of alcoholic stimulants, that coma or depression resulted and heart failure and death, and that the structure and the condition of the prison had nothing to do with it. The jury are instructed that the burden is upon the plaintiff to prove by a greater weight of the evidence that [ fering from urea in his blood, and that he was under the the death of her intestate was caused by the negligence of the defendant. Before the plaintiff can recover the plaintiff must show that the proximate cause of her intestate's death was the negligence of the defendant. The first requisite of a proximate cause is the doing or omitting to do an act which @ man of ordinary prudence could foresee ight naturally Or probably produce the injury complained of, and the second requisite is that such act or omission did actually cause the injury. If the jury answer the first issue ®"No", they need not answer the second issue, this would put an end to the case. If they answer the first issue "Yes", then they will proceed to answer the second issue as to the amount of dama- ges. It was the duty of the defendant City to see that the structure and superintendence of its prison secured the health and comfort of the prisoners, that is, to see that the structure and superintendence of its prison was such as to secure the health and comfort of its prisoners. Cities or towns in the exercise of the judicial, discretionary, or legislative authority conferred by their charters or in discharging a duty imposed solely for the benefit of the public incur no liability for the negligence of their officers unless some statute subjects the corpora- tion to pecuniary responsibility for such negligence. fhey *q se w e r ‘X a t o 9 s (21) are not responsible for unlawful arrests by police officers. But if they provide a place of imprisonment which is so badly constructed that a prisoner cannot be reasonably com- fortable therein they are bound tp have knowledge of such improper construction, and if injury results therefrom, they are responsible. By the word superintendence the law imposes upon governing officials or municipal corporations the duty of exercising ordinary care in procuring articles essential to the health and comfort of the prisoners, and of Overlooking their subordinates in immediate control of the prisoners, so far at least as to replenish the supply of necessary articles when notified that they are needed; and of employing such agents and appropriating such moneys as may be necessary to keep the prison in such condition as to secure the comfort and health of the inmates. If the jury in this case find from the evidence that the prison cell in which the plaintiff's intestate was. confined when he died was 7 feet wide, 9 feet long, 8 “eet high, that it had no opening into it through which air could pass except an iron lattice door in which the apertures were 21/2 inches square, opening into a pass way 6 feet wide, 9 | feet long and 8 feet high, leading from a door in the Mayors office in which there were two windows to a door opening on a back lot, and that about or near said lot, there were Ta 5 privies, which had been there for 10 years, and that the said privies were 12, 16 and 18 feet from the said prison cell, and if the jury further find that on account of such construction of said prison, there was insufficient ventila- tion, and noxious and unwholesome air within said prison, and that such unwholesome or noxious condition of said prison caused or accelerated the death of the Plaintiff's intestate, the jury will answer the first issue "Yes® and the jury in *q so w e r ‘f a t o 9 *q so w e r ‘a t o p (22) considering the structure of the prison have a right to take into consideration the location of said prison. If the structure and superintendence of the prison in question was such that the air therein was not unwholesome and noxious, and was such as to secure to the plaintiff's intestate con- fined therein a reasonable degree of comfort, and such as to protect him from such actual bodily suffering as would injure his health, then the defendant had performed its duty as to the structure and superintendence of the prison, and the jury will answer the first issue "No", If the plaintiff has failed to show that the struc- ture and superintendence of the said prison was such as not to secure the health and comfort of the plaintiff's intestate confined therein, the jury will answer the first issue "No". If the death of the plaintiff's intestate was not caused or accelerated by the defendants failure of duty as to the structure and superintendence of the said prison, but was caused by the said intestate'’s physical condition, then the jury will answer the first issue "No". If the jury come to answer the second issue as to damages, the rule by which this estimate is to be made is "the reasonable expectation of pecuniary advantage from the continuance of the life of the deceased. As a basis on which to enable the jury to make their calculation or esti- mate, it is competent for them to consider, as shown from the evidence, the age of the deceased and his prospectg of life, his habits and character, his industry and skill, the means he had to facilitate the making of money, the business he was employed in, and in this way to fix upon the net income which might be reasonably expected if death had not ensued, and thus get at the pecuniary worth of the intestate to his ? family. (23) , And the jury will ascertain the present value, based / upon the expectancy of life, of the accumulation arising from the net income ascertained by deducting the cost of living and the expenditures from the gross income, and give this Sum as their answer to the second issue. The plaintiff contends that her intestate was 41] years old when he died and according to the mortuary table, the expectancy of a man 41 years old is 27.5 years. But the defendant contends that the condition of the plaintiff's intestate was such that he could not have lived - that under the most favorable circumstances he could not have lived long. The jury will determine from the evidence, if they come to answer the second issue, what in their judgment was the expectancy of life of the plaintiff's intestate. If the jury find that the Plaintiff is not entitled to recover any damages, they will answer the second issue "Nothing". The plaintiff excepted to the charge of the Count: 7 Por that he failed to give her fourth in tion. 2nd. Por that he erred in his chare a set forth above in what he said concerning the proxi @ cause of in- testates death, and in\his definition what is a proximate cause, ord. For that his erred in failing to instruct the jury with sufficient ctéarness that the plaintiff would be entitled to recoyer Provided tha condition of the prison or its superintendence or constructio was such as that it accelerated the death of plaintiff's intestate. 4th. Plaintiff excepts to the ch ge of the Court as given and to the special instructions Ove given upon the request of the defendant. The jury answered the first issue in favor o *q so u p ‘£ a t o g *q se w e r ‘A a T o 9 (24) defendant, The plaintiff moved for a new trial upon ” following grounds: } % lst. Because the Court did not submit pigintitres first tague tendered as above set forth, submitt ing/ in lieu thereof th first issue as above set forth. ye 2n Por that His Honor erred in hs instructions as above se* for in the statement of the determination of the proximate cause and of its definitioy. ord. Por that His Honor erred in the instructions above set forth in failing\to inform the jury that if the construction, superintendence unwholesome condition of the prison accelerated the Jeath\of plaintiff's intestate that she could oeerer Plaintif motion for new trial reasons above assippéd was cenied and plaintiff excepted. The Court then ve judgment for the defendant. Plaintiff appealed. Nétice of appeal waived. PlaMtiff allowed to appeal in forma pauperis. Plaintiff allowed \20 days to serve wala and defendant 20 days thereafter to serve counter case. / The Clerk in making up the record on appdal will / / se up all of the pleadings and this statement of the case On] appeal, The issues and the judgment and record proper, all of which shall constitute the case on appeal. 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Ae ee et AnnireS= pplarithf/ Maw afifiiol wy fern, "7 AL e, ae welestl UF Gaeugel PL ecufi4g ae. Got Ao Ha yg Dp Mave CApL 7ee AA fa ok far He ce Pac® RO kyay, Threafliw We fjlitue Cbtwulira “ave. Ll pe Clete ti jen thing te £04 100 6 eX Cra apfier eebhe aie ll tloee & tft ale Ma fll o Dm ¢ 9 aur? Chad AEE te, GRAIL 02 AfL~ a Mt Adterety aA? Tet fre ty eecen | pte ss & prfird Mefeve 12 a7 rece in, KR CA rete_gel Cle aheout 19 lhe C42]— con App feo 2 cg aecleD> ae Plat Colle \i & : pr Pye [rw OG *q so w e r ‘f a t o 9 North Carolina, In the Superior Court. Iredell County. August Term 1897, M. R. Coley, Administratrix, Plaintiff. vs The City of Statesviile, Defendant. 4 This cause coming on to ae heard at this term at the Superior Court before His Honor Coble Judge and a jury upon the whele record in the cause, and the jury having answered the following issue, viz: "Was the death of ane caused by the negligence of the defendant as Answer "NO", in favor of the oan that is, that the eged in the compinint..° death of plaintiffs intestate was n caused by the negli- gence of the defendant as aileace, Tt is therefore upon motion of Long & Long and L. C. Caldwell, counsel for the defendant, considered and adjudged by the Court that the plaigtirr administratrix @ recover nothing that the defendant @o without day and re- cover its costs. Judge Presiding. *q se w e r ‘f a T o 9 -tiw0d solieque ef? nl .Satflors. dior eTORL mreT fauqsA -¥tnued [Lenes! eXliatartetatmbA ,.yelo? .A LM -tTisataelq . TTIMOMUL uw uy efitvesstasz? to vst) sAT yivt 8 bas egbut es{dod tomoH alH eapss Sxa@0 19the 2 wilved yiul edt bas ,eeuso off 9 9 Codw) ont jnoqs :Siv ,eveelfantwol fot od | > ens yd beeuso etateostat e?titataiq to ‘Adseb oft as¥" ".3ntslqmoo edt at beysifs as tnsbastebh ent to soneniltjen ens eit Sadt ,al tad? yinsbneted eit to tovet at Q"O%" rewand -ifgen ent vd beeuao fon saw otstestat ettitatslq to dtseb ebeyellse as Inasbneteb eit to sonex bas 300. & gaol to mottom noqu sioteted? ef 31 base Seteblenoe ,stnabneteh edt rot L[oenuoo gilewolse? .9 7 Xintersetnimbs ttt3rtslq edt Sad? txv0d ent vd beghst be -et bas yab Svortiw o; ¢nabasteb oft sadt yntdton 198v00e% -ateaoo ett r9voo ~gilblaex% sybut *q so w e r ‘f a t o p Diao Fred ake A hee fy fate heft sae Dae . ' i i Vid [ ate: herd fl ywho erm sh fire hece QE Lessor jack Sa 696 the wilatehe - ~~. fT la aad fi - file ti Mathie sihelicce nant Ce a ee GL> s Bite Coen way See foe, SS 1, Panne. “en A (Ariecee [Loren y % Z At: hak cts e A - c phe Serer ex ofA Ke Manet cu- Clreg 4, a Am Leben ¢ fut de Bask how ed Aa1t~d> al onAiatee bo ah Math “cee 7 if 4 A f et. ao ao A-€ P Ly AEA ef f* < — < f , sb a ad x A a yt? cet ya c- aaa / g h Ad: i ie <i ee es aad Mey ts Gti (Ae Vhaereeg ute th Jrax< eH sy sveefh he Law 604m * fs Racn—ehe. fe er of Laer wflche Aeecre: Shak, Li Gre A Pn ee, Nos go Po (st--ate Cetecee wr tataLic + etna (Prae Lt eee ee. al at fret iting ghat Peek 22k takek Cha 42 ones Poe Toe deme eh ee ac trfrnenanh_h a Le, gets wtr.tax che *q so u e r ‘f a T o 9 cm | NortrH CAROLINA, \ Lule TERM, 1877 SUPREME COURT. j No. .2ff.2 — CHM. Mae tapes ft (obey At) CL oF 4 LU Ja Mtew Lb 4 ¥ vig awuse game on to be arvued upon the transcript of the record from the Superior Conrt of -, County. JUDGMENT. County : Npon consideration whereof. this Court is of Opinion that there is 4 /....error in the record and proceedings of the said Superior Court : It istheretore vs Make adjudged by y Court here, that the opinion of the Court as deliv. ered by the Honorable oo V hl Justice, be certitied to the said Superior Court, to the intent that the a Ah LZ wt. ear Fe Anan the costs of the appeal in this Court —— . 7 ¥ to-wit, the sum of __ Be O 7-E Pte iis ee and let execution issue therefor. A TRUE Copy *q se w e r ‘A a T o 9 N, C, Supreme Court; Sept. term, 1897, # 293, Iredell Co, Margaret Coley, Adin’x, appellant vs, City of Statesville No counsel for apjeliant; Lone & Long for appellee, Clark, J. The issues submitted were such as enabled the parties to present every phase of the contention, and when such is the case no objection thereto can be sustained cither for issues UXmitted or for RE refusing to submt other or uifferent issues. Wpitenhouse vs. R allway N, C, 044; Ricks vs. Stancill, 119 N, C. 99; bradsher vs. High Yr, 118 8, C. Soe, Thirteen special instructions duly numbered (out of 16 askou) were Biven at the request of the appellee. The apyellant exe pted *to the above special instructions yiven at the request of the defend ant®, We cannot agree with the ap,ellee that this exception 18 invalid as a *broadside® exception, The identical point is passed upon in Witsell S. Railroad, 120 N, C. 559, The reeussts to enarse belng "separates ly stated anc numnbered® (Code Sec. 050) an exce;tion for Civing thea is equally s& specifie and not "broadside"® since it , ives the Judjre and the ajpellee specific information of each instruction excepted to, what eviaence shoula de sent up to throw light thereon, and whet prop ositions of law the apyeliee should be jprejared to discuss on appeal, As that opinion states "this is specific inforination which would not be fuller if a separate exception was made seriatim to each inst ruce tion viven®, ‘ But upon scrutinizing the 13 instructions excepted to, we find no srror therein, As to the first instruction, the charter and ordinane ces authorized the ,olice to arrest tie plaintiff’s intestate and to hold ham till fit for trial or sober cmeweh enough to ,ive bail, If the city appointed suitable police 1t incurred no liability for tie action 1n inaking the arrest under the circumstances in this case, Motfitt vs. Asheville, 103 N, C, 28a which follows and cited Hill vs, Charlotte, 72 N.C, 05; State vs. Hall, 97 N. C. 474; 2 Dillon Mun, \ Corp. Sec, 968 and 975. The defendant is liable ouly for failure to properly construct the prison or to so furnish at as to afford rease enab le confort ana protection from suffering and lnjuries to health, Moffitt®s case, supra; Shear ty in) on ‘ : 5 i An & Red, NOp» OU» 132 ana not S Ge rhe eats 5 , : 4 inane ‘ ‘ide late - . ‘ in ta + LOWN 15 regulred to @xerelse Oraginary care in procuriny nee 0 xen in hha “ -j thomas du nee . ; - ~ o y . iy LOY ri 1soOners dik Supervising its Sudfpe i1n tes e iiiyTea ' 7 VS Oj 7. + } e ‘ * le man r — > ‘ " . } 4} . ‘ f +. ID. i ans authorities sustain 6 S£8CC NG » vilra, tiie and St sixth prayers for instruction jiven/for defendant, as do also Shields vs. Durham, 116 N, C, 394, 407; S. C. 119 Ni C. 450, 467, %» 10th, alia l4th, ) Prayers of defendant were leth. instruction lays down the rule of Pickott vs, Railroad, 117 N.C I LA ; " . in sar A hm ma 1am n Te V me Caf Qin¢ LOUM , ia Wwe oeG Uj On +} 3 mortuary tab L6S (Code OU» 1382) ny a public act was competent without Delm? put in evicence, 5 o tne refusal to sive the A+ correct, 1t was ,lven in the appellant*s first prayer and in the peneral chara? also, and in so far ag it instruct that notice to ¢ ~) ‘ ‘ i 4 ° e1se h : ly Ciilé GC ,v BO, DU DSCause AS Hada teld Some of the »overning body, ana because of the long tine the prison eo 1 ; naa Temalined li 4a pad candition aua the iallure of the concissiloners ” to have tho saino Inspected by a committee of their body. court$s definition of ;roxainate cause is supported by anple aut} oraity,. Milwaukee Vs. Kello, Be 34 U, >. 469, A735; De & Red, NOE « 7? sec. 739; Campbell vs, Stillwater, 50 Am. Rep. and cases cited. The plaintiff*s fifth and last exception cannot be sustained, There was ho inconsistency, fe concur with the counsel for appellee thatHis Honor®’s charge was "fair, full and impartial, presenting every just contention of the ajpellant", No error, Ake i *d so w e r *X a T o 9 My ANG Q oO oO td “ C4 oO a 0 . Co l e y , Ja m e s P,