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Estate Records 1790-1970, Foote, Thomas 1899
Application for Letters of Administration.—Printed and for sale at Toe LanpMark Jon Orrice, Statesville, N. C. APPLICATION FoR LETTERS OF ADMINISTRATION. ae ( ye QOUNTY.—In The Superior Qourt. Sue matteref the Sylminigtration of the Estate of gy. “Z nt Ae (. - 2 ton Se asl NC iescns tee GIL. ececeens C. S.C. pg ei besbaeboeekrtinets , being sworn, doth say: Administration on the estate of the said That the value of said estate, so far as can be ascertained at the date of this application, is about i a Further, “0 aay Nesessensssesssscsessessesses ceceeecesseeceeeeeceteesseeees sees ONtitled as heirs ne dist ributees thereof. Sworn to and subscribed before me this ZY day L) LE. Dr C l icsyiecllllan ates M4} IN of.. wi sdsiil Caveushanes ae J Clerk Superior Court. OA TET OF ADMIT ISTRA TOF. STATE OF NORT H CAROLINA, on . COUNTY. SS.-In the Superior Court: f CF: LOL, weeey do solemnly swear (or affirm) ’ a 4 That I helieve thary..> : died without leaving any last Will and Testament; oy, hat Iw [wien eager all and singular the Goods and Chattels, Rights and Credits of the said... Ci kuss rise Wiihes sien Ads eed im , 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 fy G od. Subseriked and sworn to before ine dite. ee ade. idee ee) Ze. Q 1 ‘a a iy. (abn i / eee / day ot “ty Woe a . poe O Fab: Spt, /- ZL Mak ties rakes pe Oo fn fn a KE. Medeor Lee hk Confasig JS tere, her rtnheheg Jeon d - ae a pe hfivtek OY) y heal a fp gy haw hel Aacrs 2K CL. Fock, be ste — Acak ale. poGeeo corcckh Sree Vevemirat. le ee U3 ! ) ¢/ -" r- V Y 12 eo CLES A. 7 ae tPA Ms Laws PSE een re f Fo o t e , Th o m a s Petition for Order to Sell Personal Property for Cash.—Printed and fur Sale at Tur LaxpManx Jon Orrice, Statesville, N.C. STATE OF NORTH C In the Superior Court. to sell the personal property belonging to said estate for cash, because said property would sell for about the saine in cash as on a credit of six months, and becayse moreover the majority of the bidders at any proposed sale will probably be ‘ “>t der lowing. j A beth ay of. orth Carolina, | f In the Superior Court. It appearing that.<<4. ke / Z Ce Cc has filed in this office a petition showin aes: isfactory to C for selling the personal J ; i. - property belonging to the estate of the said.... ‘Se deceased, for cash : , LE / J 98 Mar eeecccerevesecees »céased, shall have license to sell said property to the highest bidder, for a , twenty days’ notification posted at the Court House and four other public places in........ County,” subject however to the confirma- tion of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the ecmpletion of the sale of any article of personal property ‘son yccount of the insufficiency of the nt bid.” L- is Further Ordered, That said... 4... AA ae 4 to this Court. a | el ot hr 8? tom. 1804 Rais) ee Clerk Superior Court. ‘A q u n o y ~~ re p r e ad : a ee . ‘L X 0 0 0 iO qi d d o HL M "H S V YO S AL U 3 d O % 4 WN O S U 3 g TT A G OL 3S N 3 0 N ] - YO N NO M L A d — T2t 3 oe vet Dank ¢t ; (A Fas tt Jy ae “eu. bust tea. <7“, hur Lh e /V2 Yabl 44 LOA om fb La 6 Ck es bo 4 A, Qa gf e Ao ze IY aby fs ben “ : ; ee ed rz. fc . ‘cdiak: 4-0 Pra naa on ‘ oe fA Lee of. yf Jf, Ps a ; y : tee Sh hieas a ae bb clifahy Nh J een 42h 2 Del far be. ZA, Races ( a As. 4-4 Ache, GeTe ( eS a Ge Naicl tea > J a Dix CZ Cangbiice SG -y : | spn, ei Je aadccpe/ Go. tbglern- 0b f Seb lobe sas Tact en c Mabey , Oe, eon Q wirnoe ¢ Wp 2 “Vagal ‘ S Qy C) 4 OV Lo Wf, Ns tjgice oY (0 oh < Ihastuse (abe + Be o aE Bacup B a peeee SPrncloa “a mg es oe decane. key lethuts whe AMA, af frrcir ce C Leyeen — aes at Biel. Dakine. by che | Ler an fe he Birnie ay nek Q Man Tor ara 4 UG ae Beck “he Likert A X07 afore Admeiciclra Ler BA TE Cece Proce. 7 Legge — Kiana tithes. oar ae ae / The ‘ a er S008 Fe Watice sh ehe frrecrca bese. ag Gack slate. cy 2hauwl S7G5SE Ard Blatl, voila: ea Ce aed crete hye Qid> L etef He’ Atells Acad Qalr~ Cdianjaicderig Mrcel Elale - Go Reka PE ites at hice Meant: Mt Cc Afi — 4 eS : a Aeerte Pha Mt Trade thy Fie Q—t~ fer Xe wap Le a. ol ,. pre Pd Ass a~ ie Bt f- 4 o o ak an insta ciate inne (20 fe bein ee L 7 WOLes. al Me Cee yk ke ee | 4 [Fae Aerreline thm Qiagen hee 28 hae of Cok | fa. eo AF on Sb pu, hi SASL. — - a —L 2 i et C tes Wi Aanisthiiniciga ae Grey aoe De oo _ Oks. Cthitsndiny ol, Oo a ae S ve ae Vd ~ ~& w a oO 7 a3 A 4 le A AG = ed A e < Ne nn YW bet CY) “ J / ’ ; /d MA a oe SS -. oS WV U a oe he : 4 ak Daisy Foote Camphell, guardian of Poote y in account with her ward. iii Charges’. To amount received from Henty greete’s estate, July 19, 1888. To proceeds of sale of house and lot in Olin, 1894 To amount received from the estate of J. A. Foote, deceased, 1894. To amount received from H. Foote estate, through William Reavis, Jan. 22, 1894. To amount realized from rent corn, Feb. 15, 1895. To amount realized for one-half interest in horse (Kate), Nov. 28, 1894. To amount received for two hogs, Nov. °8, 1894, To amount received for one yegrling, Nov. 28, 1894 ei To amount received for one ,gheql barrow Nov. 28, 1894 : To amount for 22 bus. rent oates, 30¢ per bus., Aug. 1, 1895 To amount rent corn, 150 pt 25¢ per bus., Dec. 5, 1895 : S'pet} “ro amount from 16 hus. rent ggrn, 45¢ per bush., Dec. 1p.) 89 6. .%. 20 To amount of rent corn, 100 bush. at 35¢ per bush., Dec 10, 1897 35. To hay 1895, 1896, 1897, 1898 13.50 To amount rent oates, 6 bush. at 259 per bush.., Aug. 15, 1897 1.50 Total Charges $297.55 Disbursements. Cr. by the following vouchers: No. 1. Wilhelm & Mills, Dec. 22, 1897 ot Sens No.2. J. K. Morrison,, April,6, 1898. + Sens No. 3. J. K. Morrison , April 3, 1896 " No. 4. Wilhelm & Mills, Nov, 1896. No. 5. WN. B. Mills & Co., N 17, 1896. 26. 24 No, 6. J. H. Wycoff, tax, Feb. 10, 1899. $ 3.40 No. 7. M. A. White, tax, Nov. 17, 1896 3.19 ea. 8. J. H. Wycoff, tax, Nov. 4, 5, 1897 3.60 No. 9. M. A. White, tax, Feb. 10, 1899 = 3.19 No. 10. J. W. Holland, Nov. 28, 1895 3.69 No. 11. J. W. Hager, Nov. 28, 1897 2.83 No. 12. J. W. Hager, Nov. 1, 1898 1.26 No. 13. J. W. Hager, Nov. 28, 1896 No. 14.W. A. Somers, D. S. Feb? 9, 1889 5. No. 15. 3. 3. Waite, Dec. 24, 189% 1.50 No. 16. J. W. Poote, Dec. 10, 1894 126.271 No. 17. J. W. Foote, Dec. 10, 1894 7 Jan. 2, 1895 150. No. 18. Dr. A. Campbell, Nov. 16, 1898 55. No. 19. T. P. Somers, Nov. 3, 1898 -40 No. 20. J. W. Whitw & Co., Nov. 9, 1898 22. No.21. Dr. A. Campbell, March, 1897 8.85 No. 22. Expenses account guardian 393.81 “) ‘ ? m © ae )&s Mi 7 : “ a? 4 &. Py 4 AGP qh Ay: Y J ae. flow 2 Oal C Pig gas -42 I Cone Bkicuel or as 29799 Acecc fr (4, $°% Cam, acianwerl §2 8 ae Daisy Hr — of SH: wth a _ AS tne heed af LG ono (9 On a aoe CoopTy MRE. to} AL ahi Quotes & aed ar ay teu. ar Acy aaelal. rel eu LK Ceed che Plus. Sf Co Lelale Lfh £, HK 4d Frek zoek a ro +_ffhace Que hehe ae pes th chprevusall a a -- Len . ee Sale a a ve S ” beck cr heh ty Rog ae Kir ee a pew arak telat f Ocees Ber. a Hare x whual Orne "Li hd ine Borne os Seiad AMrur . act J> he fh hen Ob Meal Cc, Mer oof 7 ) Pee ae ange Mini in fel, ihe haf aceon Qlbag Korn, fx Laue Y Maa g ph feolae a, Ake takin. Her ates ‘cin it Ales en Ieverbrere Fv eae a cle gee gy LL a feats oa ERAS Roy A foce. ie le Al, Mar wee | ‘ad ¥ ga fo ies la Leer orex_ eed Mey — pres Fee ou ‘ae cee o. a 40 Srek m che ‘# fo i ee GW cc Pe oxteuwce a Va Ler «ake aud Aart — te. ae f= tal ail Ccreee Pune if ie gray wiih w— ——_ KA Deh or en eee NL ie grees an Pree (he an Yo. ie aes cea GPE (Med AN ALL ® fe ao <: uff? KA CG ole cuda es AF vynme ed ~tKee poe Ke phan Cs An Se cnn act Nok te LEE apg , On ee A fegincsee Yf, Kiet Pace — PE angen nal hi hi acini of . caus le pe eee San hf 7. Coadndak Mesrefhen. cer K<Ueee fs bonk fon Gf. hoe aek Che- gp Keceerfl crcl hak Lh, LEeewed tr ero i J 2Qt e222) a+ ts Guachee SF nti Cre nek Pete lan Le sed Bale ceoe arte ce hoo A te Kee. Lar feline tf Me ctsfeseb auch feck COLL hal cu eer flecLeeecled oetleeneck a - Ace- ek Oke” ate facaeefl cred ckat Lhe [tecenes tr IE riiais Aecse Asacese) 7 jhe ae = ie es ee. a oi cou er ‘sig a, Fin Cliath CH fe tere2 QA C@vint* Ge! ouk oe “ee on lous - nesy ne ge oll ee fei Py ok fords . fe ba: sar L6. frock Gee ‘cat ke hil ahood Jyws : shad A) hr ‘fra cig a de so ak lr-vrwh Aeel Led Prove zr fo pou if Baassasy CL Le a, Sires Lecine oft i (iernch ft & deak 7 Kl af ae Siig fay fe babu pro pew hhh, prik he ood fur ok Ley ba Hf, Md o Oa eaduuk Mic -y if pt ha Cee vrte a ae lolaber Qeu a eciaie pews hes Lay, a # hone betthu Vcc a ; Fd wah ae ae Soe tA pe @4 ae hi, Sibel Prau<d fF cen y Lan alt es Bie Be ee Ore oe tap gy , hh ile foasimat ane" ie pp Ie oi, Yoda fede: shoelace oe C42 (hfe. el oe ee, a a aise. - Ba Pek i . o F Cal fhe ag ace fo Le Bee Se tree oleae 2-o sw 7 Ox as cnn ts oe ae r i a e te x <> 4. flerk > 2 Pips, ¥ Boe 4b Fook tw 4 aie s~ze aor4¢ 2, , + Je ne that. agit inne lh ee Ln + ae 6—~rL e. 44g wun a ae ad ofa - 4. pli cc ah a a ae Let Coen ee hoes or ia: aR aaa tetas ey oe C22 ee \ aw fee Poa iff (Ke Bufo | Ne ne ee s 5 Jd Lae Seg vise tol porto pin. i ae eid cs . SHES o~or~ 7EH SG NG. jh sR ab ati tia ZZ. [ Rgnfeane ge 7 fa r ww OF on ( North qarolina. Tredell County. ¢ Campbell, yr of Thos. ot VS NOTICE. North carolina. In the Superior court, Iredell County. Mre. Daisy Campbell, Adminstrator of Thos. W. Foote, vs NOTICE. J. W. Foote. The plaintiff in the above entitled cause will take notice that the defendant will move the court at the office of the Clerk of the Suerior Court, Statesville, North carolina, on the 19th day of Ooto~ ber, 1901, ah 10 © "elook,;.u. , to modify the judgement vevetetore rendes ed in this action in the following particulars, to-wit: ~1l- “That the defendant may te allowed to pay his part of the in- debtedness ot the estate of Thos. W. Foote, including the costs of suit and all costs up to the day of the hearing of ssid motion accru- ing, to-wit: one-half thereof. -2- That only the interest of Mra. Daisy Campbell in the lands ordered to be sold shali be offered for sale the day on whioh it is advertised by the order of the Court heretofore made. -3- That the interest cf the defendant, Je We Foote, in the lands ordered to be sold for assets and division, be exonerated from gale upon payment of one-half of the indebtedness and cost of suit. -4—- That Re Be McLaughlin be appointed sole Commissioner to sell the remainder of said land for assets. This the 10th day of Getober, 1901. (J e r r e CA © of ! ed 1. ge t = 7A a. “n e t t - Ao k e he e “a t e Cu l l y kb et 9 ear oe . of S296-5 cost of suit estate. resaid except the costs r mac ov» es ufficient to pay } one@-half cf said indebt- oo edness and zosts, but in “he event the Court finds that a lar, er sum is ~ Foote he 2a 75 wi : ny + oo i 147 ing +O 1@ CO court o4 o 0 0 7 Se u i o u r £5 “a u North Carolina | In the Superior Court, Iredell County | Before the Clerk, Daisy FP. Campbell, administratekx § of Thos. W, Foote, and Daisy FP. i Campbell, individually q VS. i i James W. Foote The plaintiff, answering!the petition of the defendant, in this proceeding, seeking to modify the judgment heretofore rendered in this proces@ing, sayst- Pirst:- That the allegations contained in the first para- graph of said petiticn are untrue and are denied. Second:- That the allerations of the second paragraph of said petition are untrue and are therefore denied. Third:- That the allcgattons contained in the third para- graph of said petiticn are untmue and are therefore denied. Pourth:- That the allegations of the fourth paragriph of said petition are untrue and are denied, Pifth:- That as to the allegations contained in the fifth knowledge or paragraph of said petition, the plairtiff has no information msxxtaktat xx sufficiert to form a helief as to the truth thereof, and she therefore denies the same, Sixthi:- That the allegations in the sixth paragraph are untrue and area denied, Seventh:- That the plaintiff has no knowledge nor information sufficient to form a belie? as to the truth of the allegations contained in the seventh pararraph of said petition and she therefore denies the same. For e further answer, the plairtiff says: - 1. That she refers to the record ir this case, and specially pleads that heretofore a judgment was rendered as between the parties to this action, based upon a report made by the Clerk, and to the said report and judgment there were exceptions filed by the plaintiff and defendant, which were afterwards by consent of defendant's and plaintiffs attorneys, withdrawn; and thereupon by consent under the decree on file with the Clerk, the Commissioners, Mr, C, H. Armfield for the defendant, and Mr, R,. B, McLaughlir for the Plaintiff, advertised the lands de- scribed in the petition in this proceeding, to be sold on the 2lst. day of October 1901, as will appear by reference to a copy of said adver- tisment hereto attached and marked "Exhibit A,* That thereby both plaintiff and defendant waived all further contentions about the sale of the said lands and were both estopped from making further contention in regard thereto; and said estopplhe is specially plead in bar of the relief sought by the defendant upon this motion. 2. That there has not been a final settlemeat of the estaie oy plainwirr, AUMINAStPatriax, oWing to the PePSscieNnt Lic_eaiion orl ihe defandant, and the costs and charges of administration, attorneys fees, have not been passed upon owing to the delys aforesaid,but the judgment itself? will show the necessity for sale on account of the indebtedness as therein stated, as well as the other indebtedness referred to herein, 5. That the lands have descended subject tothe indebtedness of the estate; the tract is a smal! one consisting of 90 acres anda cannot be sold in lots to advantage and no lot can be cut off of it sufficient to pay the debts without destroying the value of the balance; and the sale of one-half thereof subject to the undivided one-half of the other party will be ruinous, and prevent the sale of the land for anything more than a sacrifice; that to permit the defendant to do what he is trying to obtain at the hands of the court is to put nim in a position to take advantage of the Plaintiff and give him a chanceto buy one-hal? of an undivided interest to the Sre@t injury of the plaintirr as well as to the injury of the estate. 4. That the plaintiff has been put to great trouble and she believes and so alleges that defendant has adopted this course as indi- cated in his petition to further take advantage of the plaintiff in preventing her from settling the estate in the Ordianary and lawful way, 80 as to defeat her in obtaining her commissions. Wherefore, having fully answered, the plaintirr prays that the Judgment sought to be modified may be allowed to stand and she may proceed with the sale of the land, and the settlement of said estate; and that the defendant pay the costs of this motion, Daisy F. Campbell being sworn says that the foregoing answer is true to her own knowledge, except as to those matters therein alleged upon in- fofarmation and belief and as to those matters she believes it to be true, Le yywes orolina, Montes VOUTLL i - $ x lven under rroneyrts : “¢ J exemntio sworn to before me this the 2lst dar of North Carolina, In the Superior Court. Iredell County. Before J- Ae Hartness, Clerk. Daisy F. Campbell, Admrx. of Thos. F. Foote, and Daisy F. Campbell, individually, Exceptions to Report of Clerk. VSe Je a n Se i a d Do ee s Pa d ew s DE ee Foote. The defendant, James W. Foote, excepts to report and findings of facts and law as filed in the above entitled cause Je Ae Hartness, Clerk of tne Superior Court, in the follow- ing particulars, to-wit: -1 For that the Clerk erved in not charging the plain- tiff with the sum of $55.00, being cash on nand at the death of the mother of Thos. F. Foote. See evedence of plaintiff, page 4. ~2- For that the Clerk erred in finding that the ser- vices rendered by Daisy F. Campbell, plaintiff, toward Thos. W. Foote was reasonably worth the sum of $393.81, the same being against weight of the evidence and excessive. -~3~ For that the Clerk erved in sivine the said Daisy F. Campbell credit for $393.81, and also credit for the doctor bill of A. Campbell, $55.00, and in allowing the full amount of saic guardian, for the reason that the same was in excess of the annual income of her said ward, Thos. F. Foote, for th j ‘ : tek ob ae: an reason that the said guardian cannot expend without es °pEe=ite- order of the Court more than the annual income of her wards and to pay the allowance made by the Clerk will necessarily require a part of the principle of her said ward's estate, to-wit: the sale of his land. -4~ The defendant excepts of the judgement of the ‘ Clerk decreeing a sale of the land for the purpose of paying the debt due Daisy F. Campbell, as set forth in his report. Arucfuced (Carmel Attorneys for Defendant North Carolina, In the Superior Court, Iredell County. Before the Clerk. Daisy F. Campbell, Admx. of Thos. W. vs James W Foote. (1) Evidence of plaintiff: Record of Guardian Accounts, pages 351 and 352, showing balance due Guardian as per settlement Oct. 4th '99 $591.35 to plainti*? as Guardian of Thos W. Foote, deceased. Defencan* objects to the above evidence: First, that ‘it is no* accompanied with the vouchers; Second, that it is Ex Parte; Third, that >. it is not itemized as required by law; Fourth, that it does not show an interest account; Fifth, that it does not show for what the money x was paid out. 4 (2) The next evidence intreduced is paragraph lst 0° Defendant’ Answer. (3) The plaintiff being sworn says: d State if there is sufficient personal property of the estate of tT, W, Foote with whieh to pay *he debts of ‘tne estate. No there is not. St-te as near as you can the indebtedness of the estate of T, W, Foote? Well I am not positive of the exact amount ; it is near on to $700 dollars, all the indabtecness: What is *he total proceeds derived from the personal property ? Seventy three Pollars and some eants. Cross examined by the de*endant. Please state in detail to whom the estate is indebted, giving tne name of the creditor, the amount and the character of the debt, whether in the shape of a note or an account? I cantt tell you all the details without referring *%o the nook. | There is $591.55 balance due Guardian. Those things that are paid out for him, whg it is indebted to me 4s Guardian. I will ask you if the entire indebtedness of the estate don't . (2) f consist in tne balance that you allege is due you as Guiana ton of Thos. W. Foote, $591,359 z Well, its for things spent for him Mr. Turner and the expenses, ete. Have you any evidnceeof indebtedness in Jour possession other than the $591.35? Thee is the administration fees and so on. I don't know what they will he, Leaving all the expense of the final settlement of the estate out, including your commissions and Clerk's fees, eate., is there any other indebte ness outside of the one just mentioned due you as Guardian? I don't know whetner the hoard bill was put down in here or not, Mr. McLau hlin can tell you, Yes I see it. There were several] items that were left out oy mistake. I saw it after I went home, I don't know of anything. Can't think of any -now, Do you understand the question? There has been no other claims presented to you against the estate? No sir, Mrs. Campbell when did you qualify as Guardian of Thos. W. Foote, the decedent? It was after June '88 and before January '89, He was declared a lunatic by inquisition? Yes sir. Did you -ive a honda? Yes sir, (Plaintirr obiects to evidence relating to the Guardianship account, contending that same cannot be impeached collaterly in this proceeding and such evidenpe is Othervise incompetent, Did you file an inventory of the es‘ate of Thos. W. ¥Yoote as his Guardian? I don't know. There wes no estate except money. That vas during my mother's lifeti oe, Did you file an inventory with the Clerk and it was on the record there showing how much it was? I went there to do that after my mother's death. There was nothing on hand bu the money. After my mother's Centh | I went there and Mr. Henry Furches said he could'nt Pind anything, any bond or any thing, and I told him I knew that (3) ( it was there. I saw Mr. Jim Connelly and Mr.Armfield his clerks there, but ne said he could'nt find any bond or anything else, and I asked him if he would look still further and let re know. I knew it must be there, and I never heard anything from him. Well answer yes or no as to whether you filed an inventory? I have answered your question I think. You don't know Whether you did or did not? I went to do A& and they could'nt find anything to show that I was aed 0 6 ee ae emt = eens NTL OLOOD Lay come ern ee arr atn g Guardian and would'nt accept it. He said he could not accept ee ates it as he found no record there, You did fo to file an Satonbors? Yes sir. Did you ever file any annusl accounts from 1888 up to the time vou Piled your final settlement as Guardian? No sir I did'nt hecause I did'nt know that it was necessary. So the only account of your guardianship you have filed with the Clerk is *he one you have offered in evidence dated Oct. 4th '99? Yes sir, the only one that I ever was allowed to file. I went there to file yearly account with FPurches too and he would'nt accept it How many times did you go to *ile those accounts? I did'nt go any more. I waited for him to send me wore, You went one time? I waited for him to send me wore, So you only went one time to file an annual account, is that so or not? Yes sir, that is so, You spoke of the death of your mother, when did she die? She diec in May '94, Thos. W. Foote lived with your mother up to the time of her death? Yes sir. Afte~ her death he lived with you and your husband? He went to live with us in November '94 after oy mother's death. (Plaintiff excepts in apt time to all of the foreroing evidence tending to impeach the guardianship account as incompetent and irrelevant in this proceeding, ) (4) How much money did Thos. W. Foote have in the hands of his mother at her death? You mean fram her estate? I mean that belonged to Thomas himself? I don't believe I have a record of it here. I think i* was about $55.00, but I am not positive, somewhere along there. received that amount did you? It went into your hands? sir, as guardian. rot the proceeds of his farm for the year 1894, the year of *is mother's death, land was divided some, time in the Fall, I think that was the way of i%. The crop that year went to pay the debts and so on and what Was over was divided, I took his part as guardian from my mother's estate. fot his part as guard'an for the year 1894 and that was before the division of the land? sir. got the rents of that farm for the years 1895, '96, ‘97 and '98 after the land was divided. '95, '96 and '97 I received the rents 4s guardian, and then in '98 I thin: it was that the things were sold publicly. He died in November '98, I think it was then, The wheat anc corn was all sold publicly and with his personal property, that is, his little household affairs, that was all he had. husband Pr. Campbell rented those lands, the Thos. W. Foote lands for 2 or 3 years did he not? Yes sir. What vears were those? 195, '96 and '97 I think it was. I think it was ‘98 we moved from that neighborho dd, I think I am right about it. What part of the crop did you receive? I received a third. What wes the total amount you received from the estate of Henry Foote as guardian of Thomas W? $65.95. Is that all? Yes sir. Was there any other funds belon-ing to the estate of Henry Foote (5) Outside the $65.95 you received? No sir. The other item beside the $65.95 obtained from the Henry Foote estate was $8.33 through Wm. Reavis. I see that you have taken credit in your account for 2 items, amounts paid J, W. Foote, cne for $127.27 and ene for $150.00, vouchers Nos. 16 &17. Will you please produce the vouchers for these items and explain for what they were paid. Received from Daisy Camphell, Guardian of T. W. Foote $126.27 as part payment on land. This Dec. 10th 1894, J. W. Foote. Received from Daisy H. Campbell Guardian of Tom. Foote the amount in full for $150.00 on the land. This Jan. 2nd 1895, I will ask vou if the Only charges on the lands was $150.00? Yes sir that was all, I ask you in the payment for the land if you in the receipt dated Dec, 10th 1894 did not make an error in taking a credit for $150.00 when you should have only taken a credit as per that receipt for the difference between $126.27 and the $150.00. I had'nt thought of it before. What I wanted was a receipt in full, I was'nt thinking of that, but I ¢euess according to business men it would have been done the other way. I was'nt A? ~ &@ business man. Those vouchers Nos. 16% 17 Ought they not to be considered torether anc you only received a credit for $150.00? Yes sir. That is a mistake in these vouchers when it wag copied On . o k k a “o O > on this book.I did'nt know it was there until just now, Will you please exhibit voucher No. 18? (Voucher exhibited). Does that include the doctor's medical bill during his life and up to the last sickness. Yes sir. I think he died Nov. 16th "98, Will you procuce voucher No. 22; that is your expense account? (Voucher exhibited) When did Thomas W. Yoote 6° to your house to live? He went the Pall after my mother's death. November 1894? Yes sir, When did he die? He was there just lacking a few days of being 4 years when he died, (6) November 2nd I think it was. It lacked nearly a month of being 4 years. Did Thomas do any work around the house? At times he could do a little, Did he ever wash dishes? Yes sir, sometimes te did, Cut wood? He did at first. The last 2 years he did'nt cut any scarcely. The last year he did'nt cut any. He cut a little the firet, second and third. He did'nt cut all the wood we burned. We had a stove and one fire place and he woulé cut a part of it. Did he make fires? Sometimes ne would start the stove fire for me. Milk the cows? I had him to milk sometimes when it was so I could'nt go out todo it, but I could'nt trust him to milk regularly, hecause he did'nt do it well, Did he fo on errands? Occasionaljy I sent him to some of the neighbor's nouses, just as I did my little 5 year old boy. Did he help hurse the children? yes sir, sometimes. I would feel easy for a few minutes, but not longer than that. I could'nt trust him for any length of time, Did he feed the stock? If I would ;et the things out and five it to him he could put it in the stable. Did he hit’h the horses up for the Poctor? No sir, he could'nt hitch up to the bury. He did and could do most any work around the house that you wanted him to do? Well no sir. I had a good deal of trouble to get him to do it. I t-ied to keep him employed as he was lees trouble then. I give him sezap books and tried to amuse him. You tried to keep him employed? At times I did, but he was'nt able to do anything hardly. One year I got the Doctor to have a little cotton patch fixed at the house. I thought perhaps Tom could pick it out and it (7) would be some diversion, but he was'nt able to do a Q A Q. A Q A Did he ever pick any cotton? He picked aout a handle basket the last year he was there, He was very simple in his dress, was'nt he? Yes sir, Was not expensive? Nothing expensive, excepting the destruction. He was mighty hard on his clothes, Sometimes when right new they woule be torn up right away and I would be required to patch them. Not the quality of the clothing was expensive, but it required a g00d deal of work to keep nim in decent order. of this account that you render is for the board, $7.00 a month? Yes sir. That is independent of all washing, ironing and mending, just for the board itself? sir, you charged in addition to taat 50 cents for washing? sir. Anc you charged in addition for sewing an¢ mending his clothes? Yes sir, there was so much of it, So you charred about $11.00 for that work? Yes sir it was more sometimes than others. As he could help me do turns I did'nt charge him nearly so much. I ask you if you did'nt charge him $21.59 for mencing his clothes for 4 years, Yes sir, that is correct, but understand me Mr. Turner I did'nt charge what I thought it was worth, because he coulé co some little turns. The first year he wis there his health was very (ood. He began going down hill before my mother died. We sent him to the Springs twice, tvo Summers he was at our house; took him once and sent him Once, because he was sick all the time and in bed part of the time, and was going around not able to do anything the rest of the time. In addition to the above charres you also charged him with all his handkerchiefs, domestic goods, shirts, shoes, collars, clothing, hats, buttons, etc. purchased for him? The things that I bought for him, his clothing. (8) “his »ll appears in this account that you hand me? sir. it takes all those items to make up the $393.81, expense account? Yes sir, I think so. And in addition to that you paid the Doctor his medical bill? Yes sir. (The plaintif? in apt time excepted to all the evidence of thig Witness in -ecsard to the Guardian account as irrelevant and incompetent in this proceeding. ) Re-Direct, understood you with regard to the inventory of yourself as Guardian of Thomas Foote, and in regard to your annual accounts @s such Guardian, you went to the Clerk and offered to file these accounts, but ne failed to find any evidence of your appointment as such Guardian and refused to accept your inventory or accounts on this account? Yes sir thst is correct. Do you remember how many times you went to the Clerk with rerard to these matters? That was the only time I went. I asked him if he vould loox it up and see richt away if he could find anything anc he promised that he would, but I never heard anything “rem him. Who was the Clerk? Mr. Henry YPurches. Thomas live with your mother if I understood correctly until '94? Yes sir, And efter that lived with you until his death? sir, Mama died in the Spring and he went to live with us in the Fall, Was he declared insane before or after he came to live with you? Before, How long hefore? It was in June '88, State what care and trouble you had with him on aceount of his insanity while he lived with you? It is right hard to put it in words Mr. Long. He was as a child (9) in some respects and as a man in others, and the care was uo u z , fo q o o g im about the same as it would have been. He was as much care a 2B and uneasiness to me all the time as my little year ol¢ babe is now; he was a constant care. If I would miss him 1 always had to go and see where he Was and what he was doing and so on, and if he woulr go to any of the neighbors I would feel uneasy until he came hack. Just like my little boy 5 years old, I would feel uneasy until he come back, and I had to watch him and keep him out of things he tae not to have been in. M y mother always nad a good deal of trouble with him, and I tried to fill her place as near as I could. About how old was he at the time of his death? $2 years of age. State if the items in your Guardian account on page 351, making a total of $297.55 is a true and accurate statement of all sums of money witha which you were chargable as Guardian up to the date of said settlement? Yes, that is correct, In revard to the dishursements of said account, if I understand you the only error is that in receipt 16 & 17 as explained when examined by Mr. Turner? Yes, except a few items overlooked. I think these items amount to $6.00 and some cents. State i? in makin your account for expenses of Thomas and the work you did for him in various ways whilst he lived with you, if that account is a reasonable one, after allowing him just credit for anything that he was able to do for you? I think it is very reasonable. Which was tne older, Thomas or your brotner Jim? Tom Was the oldest. How far did Jim live from you at the timeTom lived with you ? About a mile I reckon. Hardly a mile a near way ve had of ; oing. Did you ever have any talk with Jim at any time Tom was living with you as to the m tter of your caring for him, etc? I told him that I thought he oupht to sipn some papers, sifn away his right, because I thourht we were entitled to it all, and I taou ht he ought to sign away his right. (10) Right to what? Right as to interest to any of Tom 's land; thought he oucht to make it over as his interest, or show that he was willing for us to take all Tom had for taking care of him. What did Jim say to that? He kind of did'nt come right out and say; I don't know the words he used, but the impression he made on me was that it would be all right, and what I have always understood that wesere to get it all, net what please? All of Tom's land and whatever he hd. All of his property. How often did you have tal’:s with Jim about your taking care of Tom, provided he (Jim) would consent to Tom's property being ? p f made over to you? T don't know whether it was more than twice or not. I know when the land was divided I spoke of it then to him, and then I think it was about 2 years before Tom's death I spoke of i+ to him a-ain. I am not positive, but I think it was about that long. Was there any proposition made by him to take care of his brother? No sir, he never proposed it to me, Was there anything said by him to induce you to proceed upon this idea so as to mnke it necessary for you to complete your Guardian accounts? from what there was said T did'nt think it would he necessary. I did'nt think we would ever have to have ay settlement made or anything else, as I considered it ny oWn, as I expected to take care of Tom as lon; as I lived, wheter I got any thing for it or not, and I expecte to et it. Was Thomas ever married? No sir. So he died without leavin: a widow Yes sir. The piece of land that we sare asking to be sold here now has how many acres in it? 70 odd acres. What is that land worth? (11) Fe When it was divided the men valued it at $900, I think was the value put upon it when my mother's place was divided. Well do you think it is worth that much now? Iam not a judge of property. Re-Cross Examination. You stated to Mr. Long that your charges as appears in account filed with the Clerk are correct. Please inspect the same and see whether you have charged yourself with the $55.00 in cash tnut you stated as having received about the time of yor mother's death? My mother borrowed the money that I fot as Guardian of Tom from Henry Foote's estate. I think it was $55.00 and tne interss. I did'nt get it back until after her death. I ask you if you did'nt loan to Jas. Foote, your ' April 10th '9] $20.00, Sept. 30th '93 $56.53, Feb. 14th '91 $35.00 and took his note for the same? That was not Tom's money though. This note Mr. Turner is the one toat Mama ;ave. Now this one, this $20.00 here it was Tom's money that I lent to Jim, but this one was for my mother ,this $56.53. Was'nt those 3 notes em>raced in the $126.00 receipt in your account? Yes sir. This $35.00, that ‘as money he borrowed from me. That was'nt embraced in it. Mama borrowed this money +o pay for a horse and she used it and .ave me her note for it. But you state in vour evid n-e that you found there was $55,00 belonin;; to Thomas? I did'nt mean that much in cash. I meant it was due him as a debt from her estate, There was'nt cash on and because there Was'nt a y cash there? No sir I did'n+ understand your question if I answered it that way. I considered this note the same as money, as I knew it would come out of her estate, You don't pretend to say that you had a contract with Jim whereby you say that you were to get everythin. for keeping Tome I did'nt say we had a contract, but then he madethe impression on me that he would rever contend for anything, and that was ( what I asked him the second time I spoke to him. I told him (12) ° I thought he ou;ht to fix up some papers showing that he Was willing to do away with his interest, provided Tom died before he did, or hefore I did, Did'nt Jim tell vou that he was perfec’ly willirg for you to have all the personal property, rents and products of the farm for taking care of Tom, and + at you need not render any account of sam@, and that the land should he divided? Thats what he told me Christmas after Tor's death, or about the time, and I told him I could not agree to take that, as the debts were more than the personal property would amount to, It was a bare neotiation between you and Jim without any results? When he first spoke about it I told him I did'nt know the e was to be any trouvle. He came over soon after Tom's death and proposed to have the land divided, and I told him I did'nt know there W:.s to be any division , that I thoursht we were to get it all, and he went on to say he was willing for us to have tre personal property, rents, and so on What you stated awhile ago, Re-Direét. Look at ‘he note for $56.53 of date Sept. 30th 1893 arc tell us what. that note was «bout, what it was for and by whom it was made? Money I loaned to my mother to buy a horse. Whose money vas it? It was Pom's money, Did you charre yourself with that amount in this account? It is included in the charge against ~e page 351 of $65.95 Look at the note exhibited of April 10th 1891 for $20.00 and made payable to T. W. Foote, or PD. H. Campbell as Guardian of T. W. Poote and explain who made the note and What you ma” know about it. Jim Foote gave me this note for the money he >orrowed, Tom's money he borrowed from me. Do you know anything about how it Was p id, what become of the money. Just explain it if you re:rember? As Well as I remember I think these 2 notes went toward payin; the (13) $150.00, I cave up these notes to Jim toward paying that $150.00 that we had +o pay on the land. Look qt the note of Feb. 14th 1891 for $35.00 and made payahle to D, 4H. Foote and explain who made that and what for? A. Jim made this note to me for some money he had borrowed from me, not Tom's money, ut my own. repard to your answer as to the $20.00 above referred to and which you offered to explain to the Court and correct your answer thereto and which the counsel for the defendant objected that you should do, except at this place, I will now ask you to -o on and make any explanation with regard thereto Which you may see proper? I think this note must have been settled before Mama's death, or I don't remember anything about it heing included with this note of $56.00, Where did your brother live before your mother's death? He lived with her. Who took care of him? She did. State if sxe at any time had the use of his money from his estate before her death? She never used any except $5.00 at one time and $2.32 at another time was all I ever adv: nced to her, Plainti*? rests. Defendant's testimony: T. P. Summers, testifies: Where do you live Mr. “ummers? . ° I live out near Snow Creek. What is your occupation? Parming. How near do you live to the Thomas W, Foote lands? About a isile, Are you acquainted with this land? Yes sir. Were you one of the commissioners that divided the land? eo Pr e Fe Pe > Yes sir, (14) How much Open land is on that Place Mr, Summers? It is Pretty near all open, some of it is grown up in old field. HoWmuch in cultivation? 50 acres more Or less, Is it upland or bottom? Most of it is bottom land that is in cultivation, What is the Character of the Soil, that is, as to its Productive- ness, Part of the bottom land is fine land. I helieve JOU Stated vou have been acquainted with this land for many years? Oh yes, for a number of years, What would he in your opinion the rental volue of these lanes for the years "94, '95, '96 and '97; annual rental value? I woula Suppose it ourht to be worth $75.00, or course, some vears more and some less, That would be a fair estimate I think. Mr. Summers, did you ever live near Dr. Campbell and Mrs. Campbell? Yes sir, lived a little over a quarter of a mile, At the t'me Thos. W Foote wos livine with them? Yes sir. Our lands run out in *ront of the Steps of their house, You kne’ Thomas Foote did you? Yes sir. Known him all your life? Yes sir. Were you acquainted with hig Physical and mental condition? Well partially. He was not very stout,had puny spells, What was his Capacity for work and the character of work he could do? Whenever he took & notion to do, he coula do all right, Miss, Daisy could -et more out of him than anybody else, She knew him and she would make propositions and fet him to do, Do you know what cheracter of work he done wrile he was livin; with the Doctor and Miss Daisy? He chopped some of the wood and rolled it and put in on the porch with the wheelbarrow, made fires some, worked with the cattle some and minded the Children and woulda £9 @rrands in the neirhhorhood when she would frequent'y send him, and go to thp POSt O° "ice, He wens there very often With his lantern and {15) eet his mail and go back. What about feeding the stock? Ye sir, he tended to the Stock and so on, He took a great delicht in Working with the calves, Now Mr. Swnmers taking into consideration his capacity for work as described by you and the services rendered to his sister, for food, clothin;, mendin;, personal attention, what do you *“hink would he a fair and reasonab’e compensation for her services in t°kine care and Providing for him? You mean by the month or hy the year? By the month? Of course, Tom was a considerable charre to Miss Daisy, but he Was @ great deal of help. I would think $5.00 a month enouh. You include everything? Yes sir, Board, mendin-, clothing, ete? Outside of what he could do, Cross examined. You did not personally know how much care Tom was to his Well I just have «sn idea, I say you did'nt personally know? No, »ut I was right near there and saw some of it. For instance, you did not know how much patching she cid for him? No sir, How many +imes he tore up his clothes, you could'nt now Oh no,, You could not know what care and *rouble he gave hei: of nights? No sir, Nor wien he cot our of her presence, aWay.from her, you could not know that? No sir. Not able to take care of himself you knev that? Yes, his grandfather had & heap of pains with him. How long had he been insane Mr. Summers? He Was borne insane, and he wes about 6 years old before ne walked. His grandfather Cowan had a heap of trouble with him learning him to walk and tal and all that sort of thing. (16) I suppose that as a matter of expense you never had such a trouble sg u o y y fo q y o o g & to take care of any one of that kind yourself? No sir, And your judgment is founded generally from what you saw without having acthal, knowledge as to the details if I understood you? Yes sir. Of course, he was a heap of help to Miss Daisy no doubt about that. But I understood you to tell me that you are not able to go into detail. You were not trere at night were you? Oh no sir. 2 You never saw him every day? No sir. You saw him only occasionally? Thats right. And your judgment is from what you saw? Yes sir. e Do you know whether he Was ever sick or not? A Q A Q A. Q A Q A The last 5 or 6 mon‘hs after he left my neighborhood I never knew enything about him. Do you know of his being sick at Miss Daisy's any other time? Of course, he had puny spells, but “e did'nt have anything like regular spells of sickness. He would have the Brashes. Don't you know that his health was very bad toward the last? That is what I heard. I don't remember seeing him but one f me after he left our neighborhood. You don't know to what extent ne was sick during that time of his last illness and therefore you are unable to state what care was given to him in his last illness? No sir. Do you know how often he had those Brashes that you spea): of? Yes sir, pretty frequently, and heap of times he would eat too much and get sick. Woule you have risked him at your home without somebody being with him from what you knew of him? Of course, just taking him as a stranger I would'nt, but if I had him there awhile I would have. Do you think he was safe to be left by himself, although he was insane? A, (17) I won't, Say. Do you know Whether or not the bottoms were overflowed there én this place in "94, '95, 196 or '979? I don't remember, It was about 4 years ago last vear When we hada freshet. That year thee was a failure on the bottoms. I think it has been about 4 years ago, you know how much was raised there in '949 sir "95? sir. Or '969? No sir. Or '979 No sir, hut I think pretty fair crops, You think it was in '96 that the Preshet overflowed the bottoms? Yes sir, I think it was. Do you know what year the land was divided? No sir. Well I reek n it was '94 it was divided, You think it was about '94? Yes sir, '94 or 195 one, You don't know who worted the land that year? No sir I have forgottan. Don't you know that Jim Foote worted it that year, the year it was divided? No sir I don't remember, In speaking of the land as being worth $75.00, you mean the whole tract would be worth $75,009 Yes sir, the lana that is in cultivation, the bottom and upland. And the rent out of that would be 1/3 is the usuel amount? I meant that a man could afford *o0 give $75.00 a year for the crop. Were these lands in a high state of cultivation at the time the lands were divided? A part of it was in a good state of cultivation. Tom's land? Yes sir. What part? Part of the bottom, 8 or 10 acres, Was it ina hich state? (18) Well it was a good average for the bottom farm land. What vas the matter with the balance of the bottom? Well it overflowed. It was not a sure crop There was no upland worth anything fit for cultivation? Not much. Don't you know that corn was'nt worth but about 25 cents a bushel in 1895? No sir I don't remember, I rarely ever bought any corn, We are speaking of the -rop that was raised in 1895? I don't remember of it being so low, Do you know what the price was in 1895? IT have sold corn every year since I have been farming and it has been a long while since I sola any for less than 50 cents. I did'nt ask you that, I asked you what Was the price in 1895? I can't remember. Can you give me the price of corn in 1896? I coule if I was at home, I can't remember. Can you tell me what it was in '97? I think it was worth about 45 cents. Re-direct. He asked you on cross examination about the insanity of This. W. Foote, I wish you would state as accurately as you can the & . “47 degree of amend by in is case, was it mentcl insanity or vines (was it physical insanity? 7. (' I guess you might say it was méntal; 4 him mad he was wrathy, but if in a food humor he Was pleasant. Was he ensy to make mad? He was'nt I don't think. Sometimes easier than cthers. W. H. Cowan t+ stifies: Mr. Cowan were you acquainted with the lands of Thos. W. Foote? Yes sir. How long had you been acquainted with those lands? I can't say exactly how long. I worked part of them for 21 years. This particular tract I believe you have known it for some time? Yes sir. Under good husbandry Mr. Cowan what do you think would be the annual A. rental value of that tract of land for the years "94, '95 '96 and '979? Prom $75.00 to $100.00. 1 worked it before that time, worked it from *70 to about 189] I think about ‘the year. I made 21 crops on it, You knew Thomas Foote did vou? Yes sir, Known him all his life? Yes sir, I wish you Woule describe nis mental end Physical condition as well as you can? Up to the time his mother died, I don't now much about him after that, after his mother's death; at least after he lert his mother's house, I was ahout there, lived right there close and I lost my house by fire and moved there in the yard, Was that when the Doctor had ham in chorge? No sir that Was hefore his mother's Ceath and that Ws before Doctor and Daisy were married, He seemed to be right smart help round there then, Was he dangerously insane? Oh no, I did nt see anything dangerous about him. If you made him md he woulée cuss around a little, but 7 never saw any hing dangerous about him, What character of work could ne do? He cut wood rovnd there, chopped about tie woodpile but never went to the woes, wate She cows, watered the horses, unhitched the horse from the bugcy, load Up & Wagon and do anyhing he could. He was always Willing to do any work I asked him to do, He lived right in the same neighborhood with you up to 6 months Of his death? Yes sir he lived at Snow Creek, I moved down in "9 in Olin township. Taking into consideration that he did work for his Guardian Miss Daisy in the manner that you have described, and that she boarded, clothed and mended his clothes wnat do you think would be a reason:ble compensation to her for Services rendered per month? (Question and answer objected to because Witness stated that he (20) knew Tom at his mother's, but not at Daisy's and his rental condition there and the evidence as offered is incompetent. ) A. I don't know hardly. The wrk that he had done in my acquaintance it looks like I would have heen willing to have boarded him for what he done. Cross examination. How far did you live from him when he was at Miss Daisy's? It was 2 1/2 miles. Could you have opportunity to see him while ne was there? Well I was up there frequently. Were you there for any considerable length of time at any time? No, not at any considerable length. I was up there several times passing around there, worked there for Doctor. How lon; were you there at a time while he lived at Daisy's? I don't know I was there often when I worved there. Some days I was there 2 08 3 hours, sometimes not a half nour. I never boarded there; I boarded at home? You were not there as much as a week then? No sir. Do you remember when it was he was declared +o be inssne? It was sometime after his mother's death, I don't recollect What year. Were you present at the time? No sir I Was not p-esent. Do you know the degree of his insanity after he was declared insane? No sir I don't know anything about it. I know he was never considered dangerous while in this county. When did he leave Iredell County? It was about a ye>r before he died. Do you know who took care of him after his mother's ceath? He lived with plaintiff and her nusband. He was at my house frequently. Well he was insane, was'nt he? Well I don't know whether you would call it insane or not. He did'nt have as much sense as some people. Was he insane from infancy? (21) | 00 g fe TIT don't know whether to call it insane or not. He was'nt smart. wu He stayed up at the Springs with my wife probably a week or Sw u i c t u r £5 two weeks and he was no trouble t: her while he Was there, & Is it your opinion that he was a boy of sound mind? Oh no, he was'nt a boy of sound mind; did'nt have g00d sense. If he did'nt have 600d sense he was insane was he not? Well T don't know whether you would call him insane. Do you think ne was a boy that was crazy at times or not? I don't think he was crazy at one time more than another. Was he ever crazy? > © FF © YF O > I never found him plum crazy. He was always in his right mind? &) > He was in :is right mind, but he did'nt have a man like other folks. Was he a strong able bodied man? No sir, he was'nt strong in tne body? Was he feeble? He was feehle in some parts of the hody. Did ne ever have any Brashes? Yes sir, I heard of him beins sick. You say that he nad Brashes? Yes sir, I have heard of it. I don't know, not to my own knowledre. Do you remember whether or not he was ahout 5 years old before he could tal? I think he was 4 or 5 years old before he got so he could talk Piain. I was living here in town at the time and they lived out at Olin at that time. The lands you say were worked by you for 21 years? Part of it sir. Did you have it all vented? No sir I rented it “rom my father; lived there 21 years. Did you pay money rent? No sir, I paid one-third of the crop. Did your fatner own the land? Yes sir. What year was it you quit renting it from your father? I think it was in 1880 or '81, My father died, and I paid rent Gvevy year except tie last year, and he told my mother not to Charge me for any rent. (22 ) ! Do you know how this land passed from your father to the Pootes? Left to them by my mother's will. I was administrator of the estate until '81 or '82,. After the estate was settled up it Was all turned ove> to them until my: mother died, and then it was divided. It passed to the Pootes through Mr. FPoote's mother? Yes sir, passed to her from my father. Tod Summers testifies: You are acquainted with these lands, the 74 acre tract of ‘and? Yes sir. Did you ever work the Jand? Yes sir I worked it two years. What years were those? "99 and 1900, last year and this vear, How much corn did you make on that place last year? I made about 600 bushels. What part of the corn Was the rent? One-third. 200 bushels? Yes sir. What Was corn worth about that time? It was worth about 48 cents last Fall. Do you know what corn Was worth in 18979? No sir, I don't know that I do for certain, but somewhere about 50 cents a bushel. Do you know what it wes in December 1896? 44 or 45 cents. Do you remember the price of it in '95? No sir, I don't “now that I do. Could'nt say for certain. Now you say you are acquainted with tnese lands, What in your Opinion would be the annual rental value of that 74 acre tract that is in cultivation there be worth for the years "94, '95, 95, and "97, 4 years preceding the time you worked it? I would have been willing to have riven $75.00 a year to have rented it for 4 of 5 years at atime. I would'nt give that much to take it for one year. (23) Well now, under good husbandry for the years '94, '95, '96 and '97 what do you think that the rental value would be worth for those years? I would think it would be worth $75.00 a year. You knew Thomas Faote? Yes sir I knew him for him and ine was about +he same age, both lived in +he same neighborhood on adjoining places and went to school torether. Were you acquainted with him at tne time he lived with tne Doctor and his wife, Miss Daisy? Yes sir. Did you have any opportunity to observe what kind of work he could da? sir, I wor ed there in about 25 vards of the house and a heap of times went to their well to get a drink of water and had occasion +o obnserve. What work did ne do there? He chopped tne wood, drawed water ana helped to see about tne feecing when the Doctor was'nt there and mirded the children and went errands for Miss Daisy some. She most always would send notes by him. She sept notes there to our house. Was there anything said in those notes telling him to hurry nome? ye , Would they say to send him ack, she needed him? No sir, nothing of that sort Now your observation was during the time he lived in your community? Yes sir. I never saw him after he left. He left about 6 months before he died? Yes sir. Now Mr, Summers you also knew his mental capacity and physical condition? Yes sir I recon I did to a certain extent. Was .e considered dangerous? No sir, I don't think he was. Sort of considered as a harmless imbecile? Yes sir. Now Mr. Summers taking, into consideration your knowledege of his physical and mental condition, amount of care and attention necessary, and also of nis services “endered the Doctor and his wife by living with them and then taking into further Sw u o y y fo q z o o y (24) ( that they boarded, clothed and mended his clothes, what do you tiink would be a reasonable and fair compensation for services rendered per month? I think $6.00 would be a good price. For the whole thing, including everything? Yes sir. Cross examination. Mr. Summers I understood you to say that you would'nt have rented the fam at $75.00 and taken chances on season? No sir, I would'nt. For instance, working tne bottoms in corn a man who would nave rented for $75.00 would have lost money? No sir, I don't think that he would. It might be injured by drouth or freshets, re took chances both Ways? sir. said you wor-ed it last year? sir. turned the crop over last year to tne Administratrix, Tom was then dead? No sir, it was divided between Dr. Arch and Mr. Jim. You are a better farmer than most of them? I always try to work what I plant. You spoke of Tom's cutting wood, you would'nt have taken him as a hired man, hired him to do work. Oh no sir, He did'nt have intellect to do work systematically? No sir. You say that you think $6.00 a month would be reasonable compensa- tion for keepin; him? Yes sir, over and above what turns he did. Did you ever have a conversation with Doctor Camphell about Tom? Yes sir he talked to me about him several times. Do you remember telling him that you would'nt nave kept him for any price? Yes sir, I told him I would'nt, but if he had been my brother, it would have been different, but ne was'nt kin to me. Q. (25) If you were keeping him as a charge you would have kept nim for twice what it was worth? Well, I don't know. You did'nt tell pr. Campbell that you would'nt have kept him for twice his estate? I told Doctor I would"ht have taken him and risked the chance of him living 20 or 25 years for twice he had, but the way it turned out I would have taken him. Taking it just as it was without being any kin, could you have afforded to have taken him at $10 or $12 dollars a month? I could have taken him and -ade money out of it. Suppose Mrs, Campbell had'nt been able to keep him and had to have placed him out at expense, what do you think it would have been worth to have Kept him, clothed, fed and washed for him and all those things, look after him when he was Sick, what do you think it would nave been worth a month for a neighbor tO have done all those things? Don't you think it would have been worth $10 or $12 dollars a month? It might nave been if they could have got it. Re-direct. I understood you to state that it might have been if the neighbor could have got such a contract? Yes sir. I will ask vou independant of ~~ more Pacts, taking into consid- 0 eration that you knew him to work around the house, if it was'nt worth his hoard? I think it was. C. MN. Summers testifies: Do you know these lands Mr. Summers? Yes sir, You are well acquainted with them? Yes sir I know them well. How mich of the land is in cultivation? 25 or 30 acres, From your knowle’se of the land what do you think the annual rental value of it for the years "94, '95, 96 and '97 to be worth? Well, worth $75.00 or $100.00 per year. (26) You knew Thomas I believe? Yes sir, I nave known him all my life. Were you acquainted with his mental and physical condition? Yes sir, I reckon I was. Did you have an Opportunity to observe what work he could do? My father had a fiela right there in front of the house and I worked in there sometimes a week at - time and seen him every day, and he was always doin; something. I never saw him ide. What kind of work was he doing? Just general chores around the house; carrying water, feeding the horses, Wash dishes and worked with the children. General housework. Did he have the appearance of being a care? No sir, I never saw him when he appeared to be any trouble. Now takin’ into consideration Mr. Simmers the fact that his guardian boarded and clothed him and also taking into co sideration that she did his mending, and patching and that he did this work that you speak of there, what do you think would he a fair and reasonable compensation per month for her services? it was'nt worth so much; $4.50 or $5.00 a month would have been in the neighborhood of it I 4uess, Cross examination. You live with Mr. T. P Summers? No sir. He is your father? Yes sir. You have been livin; on his place? IT live on his land now. How often did you ever see Tom Washing dishes? I never “ept any record of it. I frequently saw him washing dishes, when I went to the well for water, but not every time I went. What else did you say he did around the nouse? Carried wood, or rolling w od, slopping hogs, working with the cattle and anything that is to do around the house He done nearly all that was done on the place, he done most of it, (27) { or did when I was in Sight of there. He went on and done it like he knew how. How close did you say you lived? I lived somewhere hetween a quarter and a half mile. Wm. Morrison testifies: Mr. Morrison you are acquainted with these Janda? Yes sir. How long have you known them? Known them ever since '80. You know how much of the land is in cultivation? Well I could'nt Say pesitive, but from the look of the land it is something like 25 op 30 acres. And of this 25 or 30 acres how much is bottom land? I will say somewhere between 15 and 20 acres including meadow and all. From your knowledge and acquaintance with the land what do you the annual rental value would he worth for the veassg "94, °98, "96 and '979 in '94 and '95 there was pretty fair crops on it, but '96 there was nothing on it, hut on the other years after that was good. I would think it ought to be worth between $75.00 and $100.00. Of course there was one year the crop on the : bottom was'nt worth anything. Would that report include the year '98 also? Yes sir. Pretty fair crops except '96; you average then the whol from $7.00 to $100.00? Somethin;- like $100.00 and Other years it would'nt come up to $75.00 I don't think, You knew Thomas W. Foote? Yes sir. Were you acquainted with his physical and mental condition? Well I think I was. Did you have an opportunity to see what work he could do by living there with the Doctor and his wife? Well part of the time. Sometimes I was there and sometimes not. What character of work was he capable of doing? I never saw him doing anything but working around the house and (28) going errands in the neighborhood. From your observation then was he a care to those wio had charge of him? Well I suppose he was some. Now taking into consideration the care and attention that the Doctor and his wife rendered in the way of board, clothing mending his clothes, and then taking into *urther considera- tion the services that would be required df a man to help in the manner you have described, what do vou *hink it would be reasonably worth to take care of him per month, considering th: time he was with them? from what he done when I saw him I would'nt think it would require a great deal of attention. Of course, he was some trouhle, I would think $5.00 or $6.00 extra above his servéces would be a fair price I would think. In apt time the plaintiff objected to all of the testimony of the different witnesses in regard to the Guardian account, for reasons set forth in former objection. Plaintiff's evidence resumed, fr. 7. BE. King testifies as follows! Were you acquainted with plaintiff's ward, Thos . W. Foote? Yes sir. How long did you know him? I nave known him al) his lifetime pretty much. Lived in 3 miles of him since '75 until he moved up here 2 or 3 years ago. Did you ever treat him as . physician? Yes sir, I went to see him occasionally after he was an inmate of the Doctor's family. From your observation and knowledge of him what was the condition of his mind? He had very little mind. He was an imbecile; had no reasoning powers. Was the form of his mental capacity that of an idiot or lunatic? He was an idiot as near as you can fet an imbecile to an idiot. Do you know whether or not his condition frew worse towards his death or not? (29) { I don't. He went out of my reach. Was'nt acquainted with him in his last days. ee ee * ‘0 iu Oo po o y Did you know him after he went to Dr. Campbell's? Fr e ie SO L Yes sir, then is when I knew him mostly. I saw more of him there than before. How lon, was it before his death that you were not able to keep trace of him? About 6 months before his death, Doctor, whilst he lived there with Dr. Campbell and his wife, consicering his ental condition and such care as was necessa- ry to he observed to look after him, what vas it reasonably worth by the month to board him, clothe and look after him? I would say $10.00 a month, Do you know the 74 acre tract of Tom's? Yes sir I know the land; have been on it some and know about the houndaries. What do you think would be a fair cash annual rental of it. In cash I mean? I would'nt want to pay more than $60.00 dollars for it. Cross examination. Suppose that the land Was cultivated and worked by a good farmer, then wat do you say would be the annual rental value of the land? It. was wor ed by a good farmer last year and this. Last year it. made 600 bushels of corn. That is what they say. Do you think last year would be a fair specimen 0° what it would be worth a year? No sir, that is the best crop it has made for years. But under good husbandry, don't you think it will average more than $75.00 a year? If vou look back on it for the last 5 year I would think it woulé 'nt. Don't think it would exceed $60.00? I don't think it woulda on an average. Don't vou think it will average that for the year 1900? I don't know what the crop is. I have heard *the crops on ¢ he river are not as good as they Were last year. Have you been on the land, been acquainted with it for the years (30) "94, '95, '96 and '979 IT have'nt been on the land, but passed it, but know the character of the land ad have known it for & good many years. It is fine land, a good part of it, Suppése it would aver ge durin: these § years 500 bushels of corn? It won't do it. Suppose that it. wo ld then wnat is your Opinion as to the rental velue of it? 500 bushels of corn you woulé get 133 bushels rent, Two-thirds of 500 bushels would be 166 bushels at 50 cents would be about $83.00? Well suppose it igs $83.00, tht is a risk to run. It won't make itt every year. Suppose it woulé average that much, then Would'nt the rent amount to over $75.00? Well if vou coulda ret 50 cents a bushel sometimes it maybe woulc, In -efard to Thos. W. Foote he WaS a weak minded boy, what you would call a harmless imbecile? Yes sir, he was a harmless imhecile. You did'nt know anything about the work he did for Arch and his wite? Well T saw something of his work and saw what he could do. I ask you if vou can't get board in your own community at $5.00 and $6.00 a month? I reckon you can at some places. You can get board there some very f00d places at that I reckon, When you say it is worth $10.00 a month, you in-lude for the medical attention, doctor's bill? I don't know what the doctor's bill is. Such medical attention as he was likely to require? Well the medical attention which he required while in that country was not much, I did'nt include any medical attention he had after he went away from there. You would'nt fix any value onit after he left there? No sir, You don't know what it was worth in that community? No sir. (31) Suppose it turns out Doctor, that he was really useful to them 24 0 0 , 7 we As milked cows, fed the cattle, cut wood and made fires, washed dishes and run on errands, I ask you if you don't think that QU I O L , a 2 is worth the man's board? No sir, not in this case. Aman that would do that is not vorth his hoard? Aman that you had slwavs to keep after him, you had better soon do it yourself as to -eep after him. Did you ever hire any domestic cervant purely for that work? Yes sir, one who done nothing but that. I will ask you if you paid move than $4.00 or $5.00 for such work, including board and all? I look upon it as being the character of work that I weul'nd want ta da, Were you there at the Doctor's frequently? Yes sir, I was there frequently; right often sometimes to see Tom when he had the brashes. Tom was very simple in his dress, did'nt require much dress did he? He Wore common clothes, nothin: expensive. You saw him frequently there when nohody was with him? Yes sir, he wnt around the yard all the time. Did'nt require somehody to follow around after him? No sir. You could send him out to hitch up a horse? I never saw him do that work. I have seen him lead cows around and go to the post of ice. And you cculd send him out to cut wood and build fires? Yes sir, I think he chopped wood rircht much tnere at Arch's. The children were small when I saw him playin with them, hut you had to keep an eve on him Mr. Turner all the time. He was fond of the little babies, but I went there one day when the baby as crying with a blood blister he had pinched on it. You had to keep a constant oversi¢nt on him. Was really the only care that you had to keep constantly watching after? He had to have some overs ght over him all the time when he was doing anything. That was the only care that was required? A. You had to care for him ahout his eating. At times I went to see (32) him it was at times he would eat too much. He had a ravenous appetite, You advised him as a Physician not +o crowd the stomach? Well T am not clear of that myself, hut then he would eat, too much and would not eovern his appetite. Don't vou frequently have to alvise your patients not to eat, so Re-direct. 't know what medical attention he had to have in his last sickness? No sir, I don't know «nything about that. S. J. Lumsden testifies as follows: Did you know Tom Poote? Yes sir I knew him after @r. Camphell moved up to Sloans. How lon: dia you know him? I think they lived there some 8 or 10 months before he Cied; somewhere richt élong there, What Opportunity did you have for seeing him? They lived right close to me, & few hondred vards. I saw him @ve y day until he was confined to his hed, but I was richt out there passing every day while Tom wag able to he about I would see him every day. did you observe as to tne condition of his mind? sir, I thought he wes crazy, or a lunatie or something of tnat kind, but he did'nt have much min@ about him. He was Sick a cood deal of the time. hen he would pe up he was not well at all; had a baad cough and in bad Snape most of the time after they come up there, What was there that you saw in his concuct that caused you to think he was of unsound mind? He did'nt seem to know anything; did'nt do anything to amount to anything any time, Anvhody who Would see him about there would know that he did'nt have any mind much ahout him, Did you ever see him when he was violent? Yes sir he would get mad and would rear about and cut up a little (33 ) He was right crazy when he got mad, and he would'nt just get mad with his own folks, he would get mad with anytody. st p Wa e l = sO u y , “O 4 F C O T ie Did you see anything that had to b done by Mrs. Campbell to take on ~~ GL care of him while he lived there? Oh, I think she was 6onstantly after him. She could'nt trust him with the children or to go anywhere, or do anything to amount to anything. When he did'nt want ta do anything hé would'nt. Did his condition improve or set worse? He was'nt ahb'e to do anything to amount to anythine after they come p there. da you tnink it Was reasonably worth by the month to take care of him, board him and have reneral supervision over him while he was up there at Sloans? sir it was worth right smart. I would trink anywhere from $12.00 to 315.00. He tore his clothes, and Mrs. Campbell was constantly fixing his clothes, or had to get nim new ones. He was a constant tronble. Do you know about how long he was sick of his last sickness? I don't really know just how long it was; he was'nt in bed all the time: I just dov't know how lon he was in bed. I never paid any attention to it. Cross examination. Ne would pet mad When ne was teased would'nt ne? I don't know about the teaxing. He was easy to ret mad. Was easily fretted? I don't know that anybody did round there, but then he was easy fretted about having his >wn way, andi? he did'nt get his way he would get mad. How far did you live from the Doctor's? It was only a few hundred yards, just rifht in plain view. At the time he lived up there? Yes sir, they lived up there some 8 or 10 months, ut I don't know exactly how long. Did you ever stay there at nicht while Tomwas sick? Yes sir, one night and it seems like I 7 Y other nicht. Do vou include in your estimate sihipaniae tas done for him? Oh no sir, I just included his board and clothin;. I don't know anything aout his doctor's hill, the care and trouble he was (34) to Mrs. Campbell). I don't know anything about the doctor's bill what that was. You don't know anything about the character of work he did there? Nothin; to amount to anything. Mrs. Daisy Campbell recalled: If there is anythin;: tnat you desire to explain with regard to the $20.00 dollar note that you were asked about you can now do s@ I was'nt clear ahout it. I could'nt remember exactly how it was, and after I went home I looked through all the papers to see if I could find anything, any memorandum, because it worried me, I found a memorandum stating that $11.50 of the $20.00 note was included, or Jim gave Tom credit for it on the $150.00 @ollars, but that had nothing whatever to do with this case because I accounted for that $°0.00 dollars in the original sw: of $65.00 and a few cents, but I wanted to explain how it was. regard to the spells of sickness ©f Tom I wish vou would ex- plain to the Court how often he had spells, the n&ture of them and what you had ta do for nim when he had those spells? A. The last vear of his life he had spells something like colic and sick at his stomach and so on. It would happen every 2 or 3 days, that is for the last year of his life, but before that it would average about one day in the week, either was confined to bed for 2 or 3 days and arain it would be one day in the week he would he lying around not able to do anything. Maybe he would feel hetter next day and he able to be up part of the day. It was that way for about 2 years and he just gradually grew worse. was the condition of his mind, and what kind of care was necessary to be taken of him and of those associated with him, whether children or otherwise? A. I had to keep a constsnt watch out for him, If he would go out for a little while then I would'nt feel safe until he came back, or if I left him with the children I did'nt really think that he would hurt them seriously, but he had slapped them a good many times, and if he would get mad he had threatened a good many times to cut their throats. While I did'nt think he would do it, still I felt uneasy. He threatened to whip them or knock them down and has slapped them a good many (35), times. And then in regard to the care of hig, he was troubled with that Dysentery all hig life, and then he requird aft times the care that a mother fives to her baby, and I ‘was the one that had it to do, (Defendant objects to the above testimony as all this wes fone into in the examination in chief.) Do you know who rendered medical attention to him in his Jast sickness while at your house, if so, whom? Dr. Campbell theie nearly all the time . When he was away, and it wis only a few times that I had to send for Dr. King. What do you think that it was really worth to board and care for this youn man in the concition that he was in, and to nurse him in sickness whilst he was at your house? if I don' consider him as my brother I would'nt take a Stranger in tre condition that he wes not for $50.00 dollars a month, because I know all that I had to go th-ourh with, and nobody else knows, not even Dr. Campbell knew what I bad to ¢o through with, Was it necessary for you to care for him at times as you would an infant? Yes sir. Cross examination. You ¢ot the rents of this farm for 5 years? Only a part of '94, Got the rents for '95 and '96 and "9". Part of the rents was sold at public auction in '98. The wheat that year was sold at public auction and tne corn. Who got toe rents for '94? My brother took charge of the rents, and after all the debts of my mother's estate were settled up he gave me. What was over was divided into 3 parts, he kept his third and gave me my third and gave me Ton's third, The land was divided in '94 and they gave you the rents for '95, "96 7 and 8? I told you they were sold publicly in '98, Who sold them? I had an arent to £0 and tae charge. And you sold them? Yes, as Administrator. And you got the rents? Yes sir, Jim offere to take Tom and take care of him for the rent of that Place did'nt he? Not to me. Di * to have Well efore he died? No sir, not to me. You deny any offer that he ever made you an offer? He never dia offer to me to take c re of Tom for the rents until after he Gied, just before Christmas he Same over and said he would have been willing to have done it. That was after Tom died? Yes sir, You rented the Place & believe JOU said to Dr. Campbell? Yes sir he had it Cultivated, or hired it cultivated, Re-direct, Who had Tom's land rented in '949? J. W. Foote, I think my brother J. W. Poote worked it, hut it Was'nt divided + en, In the division of Tom's part you say Jim got 1/3, how much did you get; how much was due you? After the debts and all were paid J. W. Poote fave me credit for $50.59 as Guardian of T, W. Foote on the $150.00 that Tom had to pay him. Did that include rent and sale of property of your mother's estate? I am not positive as to the rent, I think Perhaps some where Shere. I don't remember exactly, That was all I received until some corn Was sold. Some $21.00 and some cents that Wes turned ove n Some of the ¢ ings were sold Public and some Private and my brother accounted for the difference, then he would £0 on and explain to me. I tried to count it up, but I did'nt see any mistake. And whatever Was realized was charyed to you in this accourt ? Yes Sir, all that I received was charged up to myself there, The rents of 1898 from the Tom foot Lands, what was done with the m; Were they realized in Cash, or ws there & sale or what? (37) There was a public sale, I sold them as Administrator. You told Mr. Turner they went into your hends. You meant they they went into your hands as Administrator? sa u c y , So q o o g Yes sir. Whatever was realized went into your hands as Administrator? Yes sir. That is accounted for in your Complaint as the amount of personal assets in vour hands at this time, the $73.00 dollars and some odd cents? Yes sir. Re=- Cross examination. - These lands belonged ta your mother? sir. 2 diec in '94? sir. you mean to say from her estate that you got $30.59? That was the first payment. Iams eaking about the one you spoke of to Mr. Long ? Th®t after tne sale and my brother ¢ave me credit for that amount. And that was on the account you received from your mother? Yes sir, not counting the note, A Q. A Q A Q. A Q A Q Then you also received something from your father's estate; the J. A. Foote estate? That was my mother, Jane A Foote. I will ask you if you did'nt get 75 bushels of corn to your part in '94? I don't remember the number of bushels. We sent it to Mr. Powler's and sola it ad I got $21.00 and some cents for it. I did'nt put down the price of corn, nor the amount. I don't remenber the number of bushels. You did get 75 bushels? No sir, I don't remember that I did. Well you got Corn did'nt you? Yes sir, some corn. And part of that corn you used in your family and some you sold? No sir, it was all sold. I don't know whether we sole it all to Yr. Fowler, but it was all accounted for in that $21.00. wheat And then you got some weak in that year did'nt you? I think the wheat was ajl solc. (38) In the division that you spore of did'nt you get some wheat? I don't remember of any wheat, Any oats? I don't remember of any oats, You never Gave an account of these rents from year to year did you? T kept an acecunt here of the amount. Did'nt you consume tie rents in your own family? I sold the rents to the Doctor, the ern and sO on. Whoever would Give me the most Tor it. Most of the rent corn that you cot from this place during the 4 or | 5 years, if vou did'nt &e* the hene*it of it in your own family? No sir we did'nt consume it all, some of it was sold. Doctor would et it, t the heap, I thought it was best £0 sell it there than to bring it up to the crib. What cid you sell to the Doctor? One-third. Two-thirds to somebody else? I solc one-thira of the whole rent, What part did you sell to the Doctor? T did'nt keep anv . account, I kept down the amount it brought. I Wanted to nave an idea What it was, nut I did'nt keep a rigid account, because it was my understanding that we Were to ge% it all. Did you sell it as you divided, or dig you wait awhile? There was one time we Waited until Spring and sold it I think, Did you keep any memorandum of the exact amount of rent corn you received from vear to year? In 1897 there was 120 bushels at the eap and in the Spring that Shellec out, after the Shelling was paid for and tie waste, and so on it amoun‘ed to about 100 bushels of corn, What year was that? 1897, Did you keep it separate from Dr. Arch's corn in the crib, or did you put it all togetne)? I can't remember whether there was «¢ petition in the crib tuat year Or not, o1 0 0 g & yr fe ou Li o Cw o eo ) &O e e . > © >» B& B FP & FF O& O Y & eo e - 2 fF . © ff @ PP & Ff & (39) C. C. Hartness testifies: State if at any time you worked the ’4 acre tract known as the Tom Foote tract of Jand, and when it was you did so. "95 and '96. When vou went there to begin work on this land in '95 tell us what was the condition of the banks of the creek? They were bad and from 15 to 20 feet throwed back, growed up in trees, briars and canes. Ho far did that stream run through that bottom, What was the length of the bottom along the bank of the stream? I don't know; it was something like a quarter of a mile. State if in '95 you were able to gét the creek banks cleaned off? No I was'nt. State if at any othe: time you did? "96, You eid clean tiem of * in '96? Yes sir. How much wor’ did it require to clean off those banks? About two weeks work, one and, State if it was necessary to clean out any ditches while you were there? I think there was, 4 days. Wnat Was raised on the place in ‘95? Corn. How much? 400 bushels, That was it worth at the heap that year? 25 cents. Was there anything else raised that year? No sir. What were you able to raise on the place in 1896? Some corn. How much? 62 bushels. Why ‘as it you could not raise more than 62 bushels in '96? On account of the freshet. Was that 62 bushels all sound corn, or was it injured by the freshet? t was injured some. (40) How much, as near as you can judge? One-third I reckon. Was there anything else raised besides the 62 bushels of corn in '96? I think there Was some oats. Probably a frame full. I don't remember whether they were threshed or not, Tell the court if you used 600d care and proper efforts to try to raise crops while YOu Were there? Yes sir. Do you know who cultivated this bottom in "94, the year before you went there? I don't know that I do. Do you know who nad charge of it, had control of it the vear before you went there? Mr. Jim Foote, I suppose, Cross examination. You were hired by the day to work that farm by Dr. Campbell? No sir, worked for & certain part, What part? For the third, And Doctor then fot two-thirds? Yes sir, That is for tne year '95, same thing as to '96? Yes sir, bota years, He subletted it to you? Yes sir, And it took you about two weeks to clean river banks and four days Of ditchin;? Yes sir. That is not unusual in Parmine is it? I don't know, How old were you then? I don't remember how old I was. I was born in '69, you can count it for yourself, Did you have all the land in cultivation in '959 I did'nt have anythin: to do with the upland, Tom's part, Was that in cultivation too? (41) 2L o O 7 # I suppose it was. Then did you cultivate all the bottom land in '959 To r r , €- ‘O u z , Yes sir, all except the meadow part, and it was part of the hottom. a > BL I did'nt cultivate the lower part. What did vou do with that nay? I did'nt have anything to do with it. How much dia you ¢et off? I can't tell you, Right smart amount? TI can't tell vou anything about it. I did'nt have anythine to do with it, 10 loads? I don't suppose it was over 2 or 3 loads. How many acres were there in tne meacow? I suppose there was 2 acres or more, Was there any oats raised on tne land in '95? Yes sir, I got some oats. Any wheat? I sowed some wheat, but it did'nt do any food? And then some of the lana you say lay idle? The meadow part, Some of the upland lay idle? I tnink somehody else worked it, I did'nt, Now come down to the year. 96, you worked how much of the hottom land in '96? I had it all in. Was the upland all in eotton? It was in oats. There Was where I made the frame of Cats. Any wheat? No sir. oO o How many times did you plough your corn over? > 5 of 4 times. Hoed it well? Yes sir. o F- © Did nave the bottom land by the road planted? The last vear I did. The year hefore? > O PP No sir, (42) Suppose you plant all those bottoms in corn, clean up the creek banks, keep the ditches clean and put in proper cultivation, how much would it raise one year? I could'nt tell you, it is so uncertain, Taken on an average, under good husbandry, would'nt it produce 600 bushels of corn? I would say 400 bushels on an average, That is what you made? That is what I made tne first vear, Ano even that vear you did'nt have it all in? No sir. Do you remember the price of corn in 1895? No sir. Re-direct, Who furnished the teams for cultivating the crop while vou Were there? Dr. Campbell. He furnished the teams and you the work? Yes sir, A. A. Moore testifies: Mr. Moore did you know Thomas Foote? Yes sir, How long did you know him before his death? I have known him for the last 20 or 25 years, How far of* did you live from him? About two miles. What would you S&y was his mental condition? I never had much acquaintance with him. I just seen him there. I am asking you from what you have seen are you able to state what W's his mental condition. If you understand; what I want to know is, whether he Wes crazy or not? His mind was right as long as I have known hin, From what you know of the yourg man, his mind, and the care that was necessary to be used to take care of him, what do you " think that it was reasonably worth to board him and to t ake care of :im and to look after him by the month? I declare I don't know. (43) I am asking what in your Judgment it would be worth, if you have any judgment about it? I would{nt have taken care of him at all in my fix; I would'nt have done it for less than $10.00 a month. Defendant objects, Suppose that it was necessary to put in hima respectable family such as the Pamily of Dr. ana Mrs. Campbell, and necessary to pay somebody to hoard him and to take care of him and look after nim in the condition that he was in, a family as respectable as they were; I ask you what you think it would be worth by the month to do that? I think it would he worth $10.00 or $15.90 dollars myself. Do you know the 74 acre tract, the Tom Poote tract of tand? Yes sir, I have been over it. How lone have you knowhthat place? Been acquainted with it since I have been down in that country, about 30 years. Are you a farmer? Yes sir, my farm lies Just above it on this side of the river, and it is on the other Side, What do you think would he a fair average money rental for this tract of ‘and? I would hate to risk it for money rent at all, but I would'nt wart to give more than $50.00 a year for it, Cross examination, You don't know the rental value of that 74 acre tract by the year do you? I think I do, Under good husbandry, and proper cultivation what would its annual rental value be for the veers '95, '96 ana '979 I expect it would he Worth $75 or $80, of course for £00d crop years, I was just speakine= about renting it myself. Do you know what work the Dr. and his wife, and care and protection that they did for Thomas W. Foote? sir, I were'nt there much, They seemed to take £000 care of him when I wag there, what services they rendered, including, board, clothing you know the care and attention was worth per inonth to them? (44) I do not know what it would be worth, Suppose aman Wes able to feed the cows, and the horses, wash dishes, bring the water, make fires, wait on the chifdren, go to the post office, and do such errands as that, what would it be worth to a housekeeper? I could'nt tell you wnat it. would be worth, Woule it he worth his hoard? I would'nt have been willing to have token him for his board? It was worth something to do that work? Yes sir of course, it was worth something, but the trouble looking after him was worth that. H. &. Hines testifies: Where do you live? I live at Sloan's Station. Did you know Thos. W. Foote before he died, and for how lofg? Probably 6 or 8 months, something like that . Where did he live? He lived at Dr Camphell's. How far did the young man live from you? Some 3 or 400 yards. Did you see him often? Every day. Do you “now what the condition of his health was during, that time? Idn't think it was good. Do you know what the condition of his mind was? Don't think he had any mind. Did you have opportunity to see something of tne care and trouble there Was necessary to he used to look after him and care for him during this pericd of time? I think I did. What in your judgment was it reasonably worth to hoard, clothe, care for and nurse him during this period of time by the month? I hardly know. Anywhere from $15.00 to $20.00 a month I suppose. Are you any akin to any of the parties to this suit? None Whatever. Cross examination. You say you hardly know what it is worth? (45) | I say from $15.00 to $20.00. I would'nt have taken him for any price. You voula'nt have taken him for $50.00? No sir. Do you know what service Dr. and Mrs. Campbell rendered him out- side of medical attent on? I think the attention was very good. Did you see it? I seen it almost every day. You saw him wal-ing around without anyhody following after him? Yes sir, part of the time, Seen him sometimes doing things? I may have seen him carrying in stove wood. You don't know what he did inside of the house? No sir. Except as he passed along the road? I know more than that. I worked the land right around the house. He ron around over the place without anybody looking after him, run around through the yard and up to the station, went to the post office? I think he went part of the time. Was'nt it a fact that novody was lookin, after him? Yes sir he went to the post of*ice sometimes. I ask you at the time you saw him around the premises, if he did'nt go from place to place and no one Was looking after him? Yes sir that was the only place he hed to ¢O. Ane you never observed any t~kinr care of him? Mrs. Campbell] had to look after him and see where he was just like she would a chilc. What is ordinary board worth up there? Ordinary board, about $8.00 a month, that is what they charge for it. I ask you if you can't get good board right there in that vicinity for $5.00 and %6.00 per month? I don't know of any. I can't board myself for that.. R, A. Stone testifies: Did you know Thomas Foote? Yes sir, I kne him when I saw him. (46) Did you have occasion to see him frequently or not? Not very frequently. I hardly ever was over on that side of the river. I saw him once and a while. Do you “now whether he was an imbecile or not? He had no mind. Had he heen afflicted ment:lly from cnildhood? Yes sir I think so. What in your judgment would it be worth to hoard, odlothe and nurse such a person as he was by the month? I reckon $8.00 or $10.00. Do you know the 74 acre tract of the Tom Foote lands? I know where it Jies and have seen it and know some of the land. What do you think would be a fair average money rental, that is of course by the year for that tract of land? I would'nt want to pay over $50.00 dollars and take the risk. don't think I should, Do you know whether or not there was about a total crop failure in '96 on the bottoms? I tnink there was, I don't think there was anything made on the bottoms that year. Cross examination. Squire, suppose a person is a harmless imvecile, but yet able to milk the cows, curry horses, hitch up wagons anc buggies, cut wood and bring it in, wash dishes, huild fires, mind the baby, and ¢0 to the post of ‘ice and do such errands as this, what do you think that his board and clothing would be reasonably worth per month over and above that. What would it. be? I hardly know what. I” he done all that wor’ it ought to he Worth $4.00 or $5.00, if he done all that wor’, How long has it heen since you have seen this land? I have'nt been on the land for 4 or 5 years. I saw it across the river when I passed along. You are not then intimately acquainted with the land? I have not gone over the land. Are you sufficiently acquainted with the land to give a satisfactor: opinion to yourself, as to the annual rental of same? A. Q. A. (47) I would'nt want to give over $50.00. What do you think it was woth then under good husbandry, good farming for one year on another? I would'nt want to risk it and give any more than that. It might ore yvear maze a heap and nothing the next. Suppose the land is capable under good husbandry to mae $00 or 600 bushels of corn, then what would its annual rental value be worth? I would'nt want to take it just for one year and risk it for any- thing more than that. I am asking you to take it for one year upon another. 4 or more year? I would'nt want to ¢o aver $60.00 or $70.00, You think for a term of vears, 4 or 5 years it might be worth that? I would'nt wart to take it for one year at that. Re-direct. Suppose Mr. Stone that all the crop that was made on this place was 62 hushels of corn in '96, it would'nt be worth more than one-third of 62 bushels, would it? No sir. Suppose that this hoy was'nt able to do all these things that Governor Turner is talking about, but that he was a helpless imbecile for months, nearly a year before his death, and Was in hed about every other day, and at the time he was with Mrs. Campbell he was’ in hed once a week or oftener, and she had to nurse him and had to board him, Now what do you think it would he worth by the month? sir, to take care of a hoy under those circumstances if he was'nt able to do and had to be waited on, $10.00 or $12.00 dollars anyway. J. W. Robbins testifies: You know this 74 acre tract of land? Yes sir/ I know where the land is, I don't exactly know the land. How far do vou live from it? Tt is a mile and a !alf, not more than a mile straisht throurh. No you know all the Thomas “oote land? Yes sir, I have heen over it often enourh. (48) ! What would be a fair aver-ge money rental for that land. of course, I men by the year? My opinion is that just for one year I would'nt went to give over $50.00, but if I had it 4 or 5 years I might get 3 good crops out of the 5. I think to take it for tha length of time $65.00 but for one year I would'nt give more than $50.00 Do you know whether or not that one year the crops were destroyed On the bottoms? I don't recollect the year. I recollect one year wnen it Was nearly a total failure we wert down to the bottom? Who went? Mr Jim Foote, his pasture was right above the ro@d. It was all alike. Tom's land was just below the road. Was that one of the years Dr. Campbell was workin; it? Mr. Christy Hartness was workin, it. C. C. Hartness? Yes sir. He was with us when we went down there, Jim was with you and saw it was a failure? It looked lixe it would he a failure, because it was destroyed then. The water had been all over it. Did you know this boy was an idiot and lived with Mrs. Campbell? Yes sir. R. T. Campbell, Jr./ testifies: Did you know Thos. W, Foote, and if so, state how long you knew him and what was the condition of his mind, what care it was necessary to use to take care of him and control him? I knew Tom all his life. He was an imbecile. He had some kind of instinct about him that resembled sense, but he did'nt have tne power to take care of himself; did'nt have the mind to take care of himself. He had to be matched all the time ohana protected, That was dome all his life. Do you know anything about his capacity for work and what sort of work he did do and could do around Dr. Campbell's after he moved there? ( As to a field hand he was Worthless, and he could do some things and do them tolerably well. He could chop some wood at the wood pile. If «© horse Was gentle he could put a bridle on i+ (49) and lea’ it to the trough and water it and put it in the st ble and he could feed it, give it hay or fodder, but he was incapable of stimating how much gr: in feed a horse could have, That is, from my observation. You had to wateh him feeding a horse. He could feed hay and water to it, but he could'nt estimate how much grain to give a horse. Q. Do you know whether he did much of that without being watched and guarded? was away from home very often in his practice. When he was there Tom wes generally with him about taking care of the stock ind di do some things around there, but he had to be watched. He could milk a cow, hut I would'nt trust him to milk a cow of mine a month. He would put her dry, because he did'nt take all the mil» from her. He hac to be watched in such things »~s that. If you would stand there and watch him he would milk. Do you know whether or not he had to be watched with regard to his association with the children? When he was mad he used profanity and indecent language before children. Do you know anything about his mistreatment of the children, or a tendency to do that ? He would'nt mistreat @ child when he was in a good humor. He would when he was mad. Was it safe to lesve children with him without somebody present or close by? I would'nt wanted to nave done such a thing. Do you know whether he wes often sick or complaining? Tom was in better health the first year or two after they come up there than he was aftrewards. He complained just after they core up. The last year I don't know much about Tom, they lived 10 mil s away from me. Yes, he complained some. He would eat too much if nobody watched him. Cross examination. You are a brother of Dr. Arch Campbell? Yes sir. (50) Dr. Arch Camphell testifies: When did Thomas Foote come to live at your house? In November 1894, How long did he live there? Nearly 4 years. What was his mental condition, Doctor? He vas idiotic. Just ¢o on in your own way and tell the Court what was the charact- er of the boy, his mind and body, and what was necessary to be done to take care of him and loak after him while at your house? He was idiotic and he had to be looked after constantly. I don't mean somehody had to follow around after him all the time to do that, but then you could'nt trust him very long out of your sight, and as to his capacity to work after he came to my house he was not able to do very much work. He could chop some Wood and he could feed the horse if you would tell him how many years 66 corn to give him, and he could feed the cow or milk the cow or turn them out, or let them ro in, and if he took a notion to do these thines he could do them very well, and if he took a notion then he would just do the Opposite What you told him to do, or just as near as he could, was the condition of the boy's health while he lived with vou all, from the beginning to the end? In the first year from the time he came there in November up to the warm weather set in his health Was tole ably fair, except that he would eat too much at times and his stomach would get out of fix and he would have @ sick spell, Probably such once in trouble 2mx 2 weeks, but then after hot weather came he was'nt able to do anything scarcely, We sent him to the Springs in the Summer of '94 and '95 , What place was he at? Eupeptic Springs. He probably stayed there 3 weeks or a month, I don't remember the length of time he Stayed up there, but as the cold weather come on he Would get better, the spells woule'nt be so frequent, and he could do some turns, and then sometimes he could'nt do a thing for a week at a time and had to he waited on, and occasionally he would have to be attended to as a child, just as an infant, (51) During the last year of his life was he sick for any considerable time or often or how? He was sick often, Up to the cola weather -he Was able to do very much, that is, anything more than he had been, IT see you have made & charge of $55.00 for medical bill, on Nov. 16th 1898 and on March '97 $8.85, please tell the Court what services or conside ation was renderec for these items? The $55.00 was for medical services rendered from the time he went to my house until he died, I just took it by the year, I did'nt make an itemized account of it, The $8.85 was for new ditches that was cut on his land, State if the services that you rendered for the $55.00 was worth that sum? It Was worth it. This ditch that you speak of was done by whom? I had it done as an improvement on the real estate . From time to time? No sir, it was all done in one year, Well Doctor, considering the condition of that boy's mind while he was at your house and the care and attention necessary +o be f@iven him by his Sister, and his hoard and clothing, what was it reasonably worth by the month to do these things? The very leas+ that anyb dy could have taken him would have heen for not less than $15.00, taking him outside of his family in a decent respectable family that would have civen him the attention that his sister did, rive him such attention as she did. With rerard to this tract of landDoctor, What years did you “ave it worted, or work it? "95, '96, '97 and ‘98. In '96 Mr. Long I am not Sure that the land was worked, but I dontt think I furnished the stock only for a part of it, Bo you won't be Positive about '989 No sir, Do you know who worked it in '949 Yes sir, Jas. W. Foote and Haley -, &@ tenant who worked Mrs. Foote's land. Do you know what was realized by the Guardian for Tom Foote's part of the land for that year '94? I can't tell you, (52) tilleable What was the condition of the 4BXxxmM land on the Tom Foote tract in '95 when you took possession? It had been pretty well cultivated the year before in "94, all except that the river bank had been allowed to BFOW 4) in bushes, canes and briars and a §00d many trees “etanding on it. Por how far out? Prom 5 to 6 feet in some places up to as high as 15 faet, Some places where the briars had grown up 15 feet out in the bottom What did you realize from tnat place in '95? It made about 400 bushels of corn all of it. I got one-third of it, 133,bushels, Tom a third, 1534bushels and the rent 1337 bushels, it made exactly 400 bushels. What was corn worth that year? 7 You coulé'nt sel) corn for the cash that year and get very much more than 25 cents a bushel. Was Mr. C. C. Hartness a 600d far-er? Yes sir, he was a good farmer, as rood a worke@® as we have ever had on the place, How much was realised on that lane in '96? There was about 60 bushels somewhere, I could'nt give positive answer, that damaged corn or not? sir, there was some of it that was no good, The part tha+ grew on the hottom there wag very little of that that was any account at all, Was that the year the crops were destroyed? Yes sir. Do you remember how much Was raised there in "979? I don't know sir, I think there was two men worked the land tnat year, I furnished the stock and tools, and my recollection is that one ~an €0t 180 bushels and the other about 170. It mace from 350 to 360 bushels of corn somewhere in that neighborhood, I see that Miss Daisy accounts for Tom's corn at 355 cents per bushel that year, was that the price of corn in '979 Yes sir, that is from the heap. As to '98 I don't understand whether you are sure that you had it retned that year or not? If you know anything about it please tell it? Tom's part of it was the same that year whether I furnished (53) the stock or not. Do you know whether that was disposed of by Miss Daisy as Administrator that year and accounted for as Administrator? Yes sir. Hosmuch of that land was tilleable land? There was about 20 acres in the hottom, somewhere in the neighbor- hood of it, not more than 30 acres I suppose in all. During the whole of the time that you had control of it, state if you exercised due care and reasonable prudence in trying to have the land cultivated in a hushandlive manner? I rave a great deal cf persoral attentior to it. I don't suppose there was a week or any tirre during the working, season in the crop but that I was cown there. I we + down there and took @ personal look afer it and advised them how to do. Did you take reasonable care in securing tenants to work *he land? I did. Did you have good tenants? I did. . Did you ever nave any talk with Jim Foote about his meking any contest over this matter? No sir I don't think I ever heard anything mentioned about it. Cross exanination. You rented these lands from your wife Doctor, for the 4 years you speak off? Yes sir. I ask you if it is'nt customary amon; the farmers that the renters shall pay for the ditching? That is altoyether about what the contract is that is made with the renter. The rente does not pay “or cutting new citches . He is supposed to get pay for it. Did you contract with your wife that she should pay for the cutting of the ditches? I don't know that there was any special contrac* made about this matter. I went on and had it done and attended to it for her. Did she pay you the $8.85 that you speak of, to which vou fave her a voucher after the ditches weré cut, soon thereafter? No sir she did'nt pay me that $8.85 specially. You made that as a charge when you come to make ‘ne final settle- ment she filed be’ore the Clerk? ! (54) Yes sir. Is it not customary Doctor that fertilizers shall he paid for by the landlord and tenant in Proportion as the rents are divided, was there any fertilizers used on this farm? Not but one yeor, What year? I think in the Fall of ‘of, §¥ think I got it from Mr. J. K Morrison, How much fertilizer Gid you buy? I bought a good deal more than I used, T used about $10.50 worth on that land. And @ne of these items of crecit in the final account as Guardian is embraced in fertilizer for that farm? I think it was for frass seed, Is there any itme of credit your wife has taken for tnat? Not on this paper. It was included in some vy wife neglected to put on, but the fe-tilizer is not on that paper, How did you arrive at 455.00 that you Charged for medical ' services? I rather estimated it =t $10.00 a vear for tne Tirst 3 years, and $25.00 for the last year. Just by the year? I thow-ht that Was reasonable, I did'nt keep an itemized account OF ay ., You never had that charged until your wife filed this final account, or had you taken any credit for it until your wife filed this final account? I think not sir. Tom had a horse I believe? He had a half interest in one, Was that horse in your wife's possession? Yes sir. What length of time? I took the horse, made that arranrement with her, I don't know exactly what time, but it was so much trouble in taking care of it and keeping his horse there, that when I retned the land I just took cnarge of it, and she eave him credit for the horse, And used the horse on the farm? Yes sir. (55) You used the horse just as you did your own? Yes sir, took care of it just the same as I did my own. Se u o u z , fo q c o , Za That horse worked on this farm did'nt it? Yes sir. How many vears, 2 or 3? I don't remember ahout that Mr. Turner. Who owned the other half interest in him? My wife. Re-direct. Tom iad one-ialf interest in it and your wife had tne other? Yes sir. Do you remember that Jim offered $40 dollars for te horse and she sold it to you for $50? sir. do you know whether your wife gave Tom crecit for hés half of the $50 dollars? : sir. long Was that after you rot holé of the horse, or rather your wife asked you to take it? About 4 years. Before it was disposed of for the $50.00? I think it was in the Spring of '98 I sole the horse to one of the renters. When did you buy the horse from your wife? I don't know sir exactly when I die buy it. You sold it in '98? Yes sir. Up to the time that you hourht tne horse what was done with the horse by you? Used it on the farm, State whether or not she gave Tom credit *or it on the use of the farm up to the time that you how ht tne horse, and if so how? She cot it in the feed and attention and care of the horse. Re-cross examination. I as you if it is'nt customary amone farmers when they rent and furnish the stock to receive 2/3 of the rents? Yes sir. when they rent their own land. (56) , Suppose when the farmer furnishes the land and one-half or the stock would he receive more than 1/3 of the rents? If he furnished and fed it he would probably be entitled to nalf of the rents. Mrs. Daisy Campbell re-called. Do you know when it was you sold Dr. Campbell the horse for $50.00? As well eas I remember I think it was near about Christmas of '94, after he came up there. Was that horse ever used by your husband to cultivate Tom's land while your husband had the land rented beore the sale? No sir. Jas. W. Foote for the devense, testifies: Mr. Foot e just describe the physical and mental condition of Thomas W. Foote as hest you can? I think To knew some things. I think he had some reason. What care and attention was requirec on the part of others? Of course, he was some care, but I don't think he could be so very much trouble, What work did he do for the Doctor and his wife if you know? There was two things that was regular work with him, and that was washing dishes and chopping the wood. He chopped all the wood at the woodpile and carried it in. Of course, it mifht have heen a day now and then when he was'rnt abie to do such things and they might have hired it. What other work did he do? I have known him to ilk a good deal and water the horses and feed them. I éon't know that he could ¢o to the barn and count out the corn there, but he did at my house. What do you mean by counting corn? That is, measuring it our for the horse.. He did do that work for you? Yes sir, when I did'nt do it. What attention did he give tne cows while with tne Doctor and his wife? Well he milked a good del of the time. I have known him to feed them and I have seen him catch out the horses and take them (57) to water and wate them. As to building fires, etc? Yes sir I have known him to do that. Go on and tell all he did do? He was a heap of help there with the children I think. If it had not of been for him they would have had to have Banhebody there in his place / During, the time he was with the Doctor you had an opportunity to observe What attention was required on the part of the Doctor and his wife towards Thomas, if any? I don't think they had to see after him as close as they would have a6 or 7 year old boy; nothing like as close as that. Sometimes he required some attention. Were you acquainted with the clothing that he wore? Well he just had common cheep clothing; it was'nt nothing expensive at all. What medical attention was necessary to he required at the time you observed ? I can tell you all that I ever saw and that was a hottle of pills he carried in his pocke* and took them when he got ready. mas carried in his pocket? sir. he know how to tare them? sir. He had been at my house; stayed there al] night, and he would tell me how many he had to tke anc how he would take them. Tell what he was taking them for? No sir. He said the Doctor told him to take it. From your observation and knowledge of the work that he rendered to the Doctor and his vife and the services they rendered him, boarding, clothing, ete., what do you think it is reasonably worth per month? I think ne done plenty of work there while he lived in that neighborhood to pay his expenses.. I think I would have been satisfied if he had done that work for me, He was my brother and lived there at mur home, and I know what his work was. I know the work he took off me and I think it would have paid especially for his hoard and clothes. I don't know so much about his doctor bills. Of course they might have had to give him medicine that I did'nt know of and attention. (58) You think his work was worth his hoard and clothes? Yes sir, anyway, and I think it ow-ht to have paid all his expenses. Did you ever offer your sister to take him for the rent of his Place? She told me one Gay I was up there that she thought that I ought, to make her a deed to his part of the estate, the land, and I told her I could'nt co it. I told her that I thought she was eettine the rent for taking care of of him, but there was no agreement made at the time she took him to ret anything more, and I told her if she did'nt Want to keep him that way I would. Just. for the rent of the farm? Yes sir, She said I'd like to know what you would do; you have no place to trke him to, I told her I woulda get a place, You are acquainted with that farm I believe Mr. Foote? I ourht to be, I have worked it. What is the annual rental value, one year upon another worth. Take it during tae time that your sister had control of it as Guardian of Thomas, under £000 husbandry? I think %75.00 would be little enourch for the place, and if it belonged to me I would'nt Want to lease it for 4 years at that Price; $75.00 a year I would'nt do it, Do you know anything ahout the condition of your brother after he moved from vour neéirhhorhood to Alexander? Well, I did'nt see him very often, I was up there several times. I was there four weeks before he died, At the time you saw him when with his sister in Alexander, how did his physical condition compare with the time vou were acquainted with him in your neirhborhood? The *irst time, I don't remember how lon: it was after he moved, I could'nt tell much cifference, The next time I eould tel) a big difference, He had ¢one down a heap and had cotten thin and poor, How lone wes it hefore he died? I don't remember, The Jast time I was there was about 4 weeks be*ore he died, Wes he confined to the hed then? No ‘sir, he would he up and down. He would be in hed awghile and then he would £@* up and knock around. (59) Was any one waitin: on him at that time? I did'nt see any of it. Was he able to wait on himself? sir. during all the time that he had been in their control, was he able to wait on himself, or did he require somehody else to wait on him? last time I was there .e was'nt in bed more than half? an hour during the whole time I was there. He went to hecawhile befor I left that day. One thing I do remember, an hour or two hevore I left there the last time I was up there, *he cow was hitched out 200 or 300 yards from the house and he went after her, Did he know you when you went on that visit? Yes sir. Purine the time the Doctor cultivated this farm do you know whether thase rents were kept separate and distinct fom their own? I think not. I think it was all together, put in the same crib together. He did'nt have but one crib. The way I remember he had but one crib is he had a partition in the crib; he kept the corn in one enc and hed some bags in the other end full of wheat. Doctor had other ‘ands at the same time? Yes sir. And the corn from this place and the Doctor's own place was all put in the crib together? The corn Was #11 cribbhed together, Is that true as to the other products that came off the farm, wheat, oats, rye, etc? Yes sir, the wheat was al] put together, except when there was a different kind of wheat, and I think he -ostly always had one kind sowed. Do you recollect what these lands rented for, what part of the crop they rented for prior to the time that your sister qualified as Guardian? I can't remember just the *ime. It has been so very long since we rented it for half; it has heen several years we nave only been getting a third. f (60) ' At the time she took charge of it what had the farm been renting for a third or a half? It was renting then I think for about a third, That wes the time she took charge of it? Yes sir. That is when the man furnished everything; stock and everything. Do you know the price of corn in the Wall of '97? I dontt remember. I have sold corn every year. What was the price of corn in December 1897? I have sold corn every year, and 40 and 45 cents is the lowest I have ever sold corn. And you have sold corn in all these different years? Yes sir, I have sold corn every year. Have you any recollection of the price of corn in '95 distinct, from other years? No sir, I have'nt. But it never has heen below 40 cents for any of these years? If it was, I never sold any for tat. Cross examination. Were you present in 1895, '96 and ‘97 when the crops on Tom's land were cribbed? Yes sir. Was the corn put up in the shuck, or shucked? It was shucked. Did you see it divided? No sir I did&nt see it civided; that is, I did'nt have anything to do with it. I wes about there, did'nt pay any attention to the divisions. Who divided i*%? One year Mr. Hartness and nis father divided it. How did they divide it, into how many parts? Christy got one-third, and Arch got two-thirds; that is just exactly the way it was divided. Do you know how much Was raised that year? Yes sir. How much do you say? I have their word for it. I can't remember all these things, but I can remember by figures, I have it in my pocket. (61) Hou say you don't know except as they told you, who told you? 9 Mr. Hartness and his father. What did he tell you? He told me how much corn there was. In 1895 there was 400 bushels. Were you there and saw it civided in '96? I was about there, but I did'nt have anything to do with the divigion. It was right on my etaee: They lived in my house. I boarded with Hartness. Was that the year the floods came? Yes sir. When you were in Alexander four weeks before Tom's death, how long did you stay there? I went one evening and left the next, When had you been there at any other time before his death in Alexander? I can't remember how lon; it had heen before that I had been there. How many times? I can't remember how many times I have been there, but think I was there 2 or 3 times. How long cid you stay the first time vou were there? I don't remember, could'nt say Mr. Long how long I was Half a day or day; week or month, how long? I could'nt say when I don't know. You don't know whether it Was as much as an hour or as much as a day. You don't answer that? Well how long were you there the second time after they went to Alexander? I could'nt tell vou, I ask you another question: the seconc time you were there did you stay as long as an hour, or as long as a day? I can't answer your question in that way. If you can't tell me how long you were there on any of these visits, except the last one you made to nim after they went to Alexander then you can't tell me how long he was sick and disabled can you? I can tell you when they first found he had Consumption, found what was the matter with him. I got a letter from sister saying that Arch had examinec him and that his lungs were effected and she would like for me ard my wife to come up as soon as we could, and we went in a few days, that week, and when we Went it Was just four weeks before his ceath. The letter said that (62) ! , Arch had examined him and fovne him in that condition, I could'nt say what day they examined him, whether it Was that day or not. As you failed to answer my previous questions I will now ask you if you have the letter which you speak of in your statement Just made? I have it at home. Are you willing to file it with the Clerk? Iam pretty sure I can find the letter, I will ask vou again, are you Willing to file it with the Clerk? I will promise this, if I can't fina it 1 will bring a witness who Saw the letter and more than one, If you have the letter are you willing to file it with the Clerk? I certainly am, anc I am pretty sure I can find it, Do you know how many colored boys Doctor Campbell had hired after Tom befan to live with them and until Tom's Ceath? I did'nt keep a record of his hands, Mr. Long. I will ask vou again, dO vou know how mai'y boys he had hired Curing this period of time, Yes or no, please? I do net sir, Do yor know how many lirec helps, or firls from time to time Dr. Campbell nad to assist his wife durin the time that Tom lived with Dr. Campbell? No sir, T coulé not ansWer that question for I did'nt consider thet any of my business at all, Do you or not know that he had at any time any hired help about the premises? I have known him to have help at times. What do vou swear that the rent of the lands of Tom were Worth in the year '96, the year o” the freshets? He -ot accordin: to What Christy Hartness told me, Mr. Long, 84 bushels of corn and a fellow Wilson worked with him. I only have Christy's word for it, but Christy lived there, and I always got it from him how much they made and I took account OF it, Do you know how much of that corn was rotten? I think tiis 84 bushels was sound, T ask you if you know how much was rotten? There could'nt have been much of it rotten, for they alwars Separated the rotten corn. (63) ’ I asked you if you knew? I will say there was 84 bushels of good corn. Did you see the corn? I saw the corn, but did'nt see it measured. I took his word for it. Do you know the reneral character of C. C. Hartness, what the neirhbors generally think of him? He has lived in my reighborhood since '96, Answer yes or no, please, thence you can explain. Do you know his general character? No sig,I do not. Could'nt say what his character You say you boarded with him? Yes sir. How longs did you board with him? I boarded with him in '95 and 6. And you tell the Court that you don't know the general character of a man that you boarded with for two years? Not since he left the neighborhood since '96. I did'nt ask you that. That is the ‘ay I understood it. I ask you if you knew his general character in '95 and '96 when you boarded with him? His character was considered gocd at that time. When was it vou sey your sister wanted you to make a deed to Tom's land? I could'nt say what year it was It see s to me it was in'96 thoug., the second year he lived there I think it was; could'nt say for certain. When was it you say you offered to tuke care of Tom for the rents on the land? At that time, in ‘96. I asx you if you ever said ¢ word about taking care of Tom for the rents until after he died? I certainly did so. That was just exactly the words we used. She thought I ought to make a deed to his part of the land, and I told her I could'nt co it. Tom Was a yours; man of sound mind, was he? He Was not. How much did you turn over as rents of the Jand on Tom's part in the year '94 when you Worked the land? A Q A Q A Q A Q. A Q A € A Q . e (64) ¢. . ’ What I turned over to them for his part was 75 busnels more less. Tom's part? Yes sir. Is that on your paper? Yes sir. Was it more than 75 bushels, or less than tiat? It was just about 75 bushels, it Was measured for that. That was 1/3 of it? That was Tom's part. Was that Tom's part, or was it half of it? Half of Tom's part after civided. I ask you if you did'nt take X¥/2 of the whole thing for your part? As well as I rerember now I got 1/3, my sister got 1/3 ard Tom 1/3. I ask vou to refgesh your recollection and state if you did'nt take half? That may be more in your favor than you think for? I want you to refresh your recollection on it? That I rot nalf? Yes sir? I think vou sre mistaken about it. I ask you if you did'nt get half of the crops you raised on your mother's place that year? That is a cifferant thing. I ask you if you did'nt get half of what you raised on your mother's place in '94. What do you say? I think I did get half myself. I did'nt uncerstand you that way. This land belonged to your mother until her death did'nt it? YUs sir. And she died in '94? She cied in June '94, And you werked the Jand in '94 did'nt you? I worked it and had it worked tor-ether. And you fot 1/2 of what you made on her land that year? What I worked. Did'nt you work most of it? I had it worked. Did you sublet sone to somebody #1se? I had anothe: man to work some. And you gave him some did'nt you? He rot one-third of the corn. And you ;o+ two-thirds? 5 (65) é A. I took in the balance “or the estate; did'nt take it in for myself, 24 . 0 0 7 su but I did'nt get half of the whole crop I want you to under- Stand that. Sw m u o u r €- You ,ot half of that portion you raised yoursel?? Yes sir. And then you ¢ot of that portion you sublet, you fot 1/3? Yes sir. I got 1/3 of the rents aftes the debts were paid. Re-direct. Speaking about the rent for 1894 when you stated to Mr. Long that you -ot 75 bushels and your sister 75 and Tom 75, that was after the cebts of your mother had been paid? Yes sir, this wes corn that was lett. That did'nt include all the rents for that vear? No sir, heen most of it used. D, A. Warren testifies: Mr. Warren did you know Tom? Oh yes sir. How lon: did you know him? I have known him about 8 years. I lived there rirht close to him. Did you have frequent opportunities to observe what work he could do and what character «ff work? I have been about there at least 2 or 3 times a week, and Tom was at my house very often? What did 'e come there for? He fot me to shave him once a week, During the time he was with the Doctor ané@ his wife was he capable of doing work? That is a yuestion I don't understand, What I know about Tom is while he lived with his mother. Did you know him at the time he Lived with the Doctor and his wife? No sir. You knew this place of 74 acres? Yes sir. Well acquainted with it? I knev the part Tom sot of the place. What is the annual rental value of the place? I could'nt hardly say; would'nt want exactly to express my opinion. It is a good piece of land I know. I would say from $50 to $75 (66) ‘: ae : ’ aa, y something like that a year, \ Suppose you trike it for for a term of 4 or 5 years what would its rental value he worth, any more? Something like that, $75 or $80 dollars. Cross ae During the years of overflow I Suppose it would'nt be worth much? There was sore years it was'nt worth as much as others, but I would take it xs a peneral thing to >e worth that much. In the year '96 when everythin; was washed away it was'nt worth much that year? No sir, So the value of it woulda depend upon the seasons of course? Yes sir. Covlé Tom save nimsel ?? I don't know, fe o s as Me North Carolina, In the Superior Court. Iredell County. Before the Clerk, Daisy F, Campbell, Admrx. of Thos. vs Be. Foote, The plaintirr excepting to the Report of the Clerk filed in this Cause, sets forth the same as follows: received as Guardian for the years 1895, 1896, ana 1897 - that is, for each of the Said years - the rental from the lands of Thomas Foote amountin:: to $75,900 — total for the said years $225.00, Whereas he Should have found as a fact that the freshets destroyed al) the crops for the Year 1896 as Proven hy all the testimony, Save a pittance for Which plaintirr accounted, to-wit: for 16 bushels of rent corn at 45 ¢ per bushel amounting to $7.20, so that the charre for the year 1896 Should have heen $7.20 instead of $75.00. Second.- For that he should have charred the Plaintir”’ with the rent for '97 the sum of $35.90 and the rent for 1895 of $32.50 instead of $75.00 for each of Said years respectively, and he errs in Charging her $150.00 for the two Said vears because she accounted for al} that Son ble diligence and care for the said two years amountine in a2} to $67.50. Third, - He errs for that he fails to fing as a fact that the Plaintirr undertook the care and Preservation of the farm of her ward who was insane with the understanding and arreement With the defendant that for her services in that behalf the defendant would never claim anything, Provided plainti-er cared for the said ward in sickness and in health, ’ during the period of his natural life, which agreement in all respects the Plaintifr fulfilled to the letter: wherefore she contends that she should not he hela accountable for the rental of said lands in any sum whatever as hetween herself and the defendant, and that as to the credi- tors she should he hel.d liable only for what she could have obtained by reasonable diligence, and this she has done in her account as Guardian which she Filed on the 4th of @ctober '99 ana which w s approved hy the Clerk of the Court. Fourth.- For tnat he charges plaintirr with the twenty dollar note, whereas the fact ig that the plaintirr accounted for tne $20.00 and Charged herself? with the Same, which is ineluded in the sum of 965.95, the “irst item charged arainst her - and charging it then again in the account makes a double charge for the a <2 - the explanation as to the said item heing found on page 34 of the evidence in the second question and second answer on said page. Pifth.- For that the Clerk Fails to allow the Plaintiff commissions in her account as Guardian filed Oct, 4th, 1899 - her commissions at that time hein $41.27 - the same heine allowed at that time hy the Clerk and approved and he should have “ound now as a fact and as a question of law that she was entitled to the said commissions and allowed the same upon the receipts and disbursements in the account, Especiall: 80, for that the Clerk finds as a fact on page 17 and on pahe 3 of his Report that the plaintier Was prevented from Piliny: her inventories and Guardian accounts hy the act of the Clerk of the Superior Court J), v. Purches, who declined to receive “he same “or that he could not find certain Papers appertainin: thereto, Sixth. - For that the plaintirr applied to the Court for license to sell the lands for assets to pay debts of her intestate - the Court after finding that there was necessity to rrant plaintirr's prayer, failed to appoint the plaintirr to execute the decree that she had paryed for and appointed in lieu thersor one of the Attorneys of the plaintiff? and one of the Attornets of the defendant instead of the plaintiff. R. 3. MeLaucrhlin & Lone & “Nicholson, Attorneys for Plaintirr. PA O- L 2 fy "T O 6 T yS n a n y jo AB e p uy g e eU u y St u y jo T3 U T P T E au y Aq pe t t y su o T y d a o x y ‘9 0 0 8 “m M “L f SA : #3 0 0 g ' m ’ ] “a A u p y *T T e Q d u e g “A y St e g + Og 24 . 0 uu wo u T So SR L Daisy PF, Campbell, Administrator of Thos. W. Foote, vs James Foote. Brief of Facts and Law by Plaintirr, Plaintiff insists that the Referee shoulc find as a fact that Thomas Foote the ward of Plaintiff was always idiotic - and during his ' entire Wardship was imbecile - weak hodied - diseased, and during the two last years of his life especially required more attention than usual and was a constant burden and care to his Sister, the Plaintiff - thet When angered he was dangerous to the children - to during by the weight of the testimony the care and attention fiven him by his . Sister wes worth at least $15.66 per month, Second: As to rental of lands. The plaintirr insists that her only e duty with regard to the lands Was to use them so as to get out of them What they were reasonably worth, and this she did by allowing her husband to have the lands cultivated by good tenants, and this was done through Mr. » Tom's part, was credited on Tom's note to Jim for $150.00 dollars' and has been charged up to Mrs, Campbe}} in her account with Tom - in 1895 - 1896 - 1897 - the rents actually obtained and realized have been accounted for and charged up in the account which she has rendered to the Court. The rents for 1898 were accounted for by Mrs. Campbell as Administrator and is charged up to her as Administrator in the sum of $73.52. (For hetter reference as fo rents, see how rents have been accounted for for 1894, - evidence, Pages 35 & 36. Rents accounted for in 1898 by plaintirr as Administrator, Evidence On page 37, Rents for 1896 total loss according to:Tom Summers - but 62 bushels -2- of corn realized by C. c, Harntess, one-third of it injured so badly it was of no account and one frame of oats only for that year, total not worth more than $5.00 - see evidence of C. Cc. Hartness, page 40 - evidence of Dr. Campbell, page 52. 1895 rents 400 bushels of corn sold at 25¢ & bushel akes $100 dollars in all, the rent realized for that year $25.00, Testified to by C. C. Hartness the renter who did best he coule, page 39, Nothing else raised. Also evidence of Dr. Campbe}jl, Page 52. Rents of 1897 accounted for as also all others, evidence page 38 - also evidence Page 52, Land cultivated by Jim Poote in '94 left in bad condition when turned over to Hartness in "95, ditching and cleaning up of banks necessary. Evidence of Hartness, page 40. Evidence of Dr, Campbell, Page 52. Also see evidence of A. A, Moore, page 43. Also the evidence of Mrs. Campbell.) Third: That Tom was an imbecile and utterly unfit to be lert alone, and that it was worth at least $15.00 a month to take care of him put- side of medical bill. See evicence of H. EB. Hines Page 44, R. T. Campbell, page 49, also that he was not fit to feed a horse, or milk a cow, mistreated the children when mad, used profane and bad languare in presence of children anc had to be watched and cared for. Evidence page 49 - evidence of plaintiff Passin, Dr. Campbell, page 53 - that he was badly diseased, had to be waited on as a child - worse in the Summer than Winter, page 50. Evidence of Dr. J. &. King, page 29. Dr. Campbell's bill of $55.00 for 4 years of medical attention reasomable, page 51, The $8.85 was paid out by Dr. Campbell for ditching, page 51, which was a necessity. Evidence of Hartness Page 39 & 40. Fourth: The defendant during the lifetime of his brother induced the plaintiff, his sister, to believe that if she would take care of Tom during his lifetime that she should have all of Tom's Property - the Plaintiff swears this. See her evidence - at that time whether Tom would live 4 years or 50 was not known, The sister undertook this kindness and duty to a diseased brother - no complaint was made about it until he died, then the defendant wants the brother's estate. We insist that the Referee shall find that the plaintiff has charged herself with every item with which she is lawfully chargeable =S- in her account as Stated and approved by the Court on Oct. 4th, 1899, a copy of which account is in evidence, the total charges being $297.55. We also insist that the Referee will allow her every item as credited to her in said account, except the correction as to vouchers 16 & 17, and as_to knken te credit according to the evidence will be Gebbass, instead of the sum as there appearing. As to voucher No. 22 for $393.81 allowed the guardian for care and attention to her ward the evidence of Hines and Lumsford, page 33, Dr. Campbell, Mrs. Campbell and R. T. Campbell wil] make his care and attention worth at least $15.00 per month - they knew better than any one else what it was worth in the last years. The evidence of Dr. King who frequently saw him (page 29) and of Mr. Moore (page 43) would make his care and attention worth at least $10.00 per month, Taking the bulk and weight of the testimony on this Subject and a very conservative estimate - that is, one-third less than a majority of them put this at - that is $10.00 per month instead of $15.00 per month, and we have the plaintirr taking care of this young man from November 1894 until his death in November 1898 - 4 years - (evidence Pages 3 &4 ) Which equals 48 months at $10.00 a month equals $480.00, so that in adjusting the legal rights of these parties we insist that the Plaintiff Ought to have a credit for $480.00 for voucher No. 22 instead of $393.81. The $393.81 was made out no doubt by the plaintirr upon the theory and idea that she woule not have to litigate and exact her full legal rights, but we insist now that the evidence discloses that she is entitled to at least $480.00 on this account. Conclusions of Law. (1) Upon the idea that as respects the rental she should be charged with what she actually got, or might by reasonable diligence have fotten therefrom, as it is made to apper to the court upon her own evidence - the evidence of Dr, Campbell - the evidence of the renter - these being the only persons that knew the facts that she has accounted for every dollar that she could get by reasonable husbandry and this has been Charged up to her in the account filed, she is not Chargeable with anything more. (2) There is no eviden-e that shows any other charge that should be made against her than that Which she has made in her account, She has established her right to every voucher in the account, except the correction in vouchers 16 & a7, (3) She is entitled to a credit for $480.00 instead of $393.81 for voucher 22, (4) That upon a correction of the account after allowing all just E59 F charges and credits and Can commissions, the balance due the wo be we He - e dollars, which is a guardian in the account is debt against the estate of T. W. Foote and for which his personal and real estate is accountable, and as the personal estate is totally insufficient to pay this indebtedness the Plaintiff Administrator is entitled to a Decree authorizing the sale of the lands described in the petition. (5) After paying the costs of this proceeding and any other costs that may legally become due from the estate on account thereof, the Administrator will pay the said indebtedness of the plaintiff in the sum LY - dollars, and the resideu, if any, will be divided into two equal purts, One-half thereof payable to the plaintiff as one of the heirs of T, W, Foote, deceased, and the other half to the defendant as heir of said T. W. Foote, deceased. Referee. //. LO froaelt- Wee, Ate fed: tlc Rhea. a ¢ /) ’ ot fh. La tr cle th it Leo HI @_@ Bott st . y , / , “— o x _- ke “A MA-t11/ of ‘tttt~ fh ht th—4_, Lh, L444 (Ja4 Da te 3 / Wrnon thn Wnswd ag tite as Wn. laufpbbeke kK for Furctad wb atat, Aer _ ) ik tyg tober, Wore Wht : ne Cie) Liensg Mk Lie 4 barthut. Cnnag? taste) awk, Whe Wu tangpn — + 0 hor | ‘/] L ; a Abt dud Unfards, Findings of Fatts. We insist that the court will find the following facts: as That. Thomas Foote, the ward of plaintiff was a lunatic legally declared-- that he was not sent to the asylum, but by @& reemaent between plaintiff and defendant was kept, maintained, feed, clothed, cared for, and nursed by the plaintiff for the period of four years; that during this time he often had bad spells of sickness both of mind and body; that it was unsafe for him to be left with the children of the plaintiff without being over-looked; that in periods of madness he was dangerous to the children; that in lucid intervals he could do odd turns about the house, but his imbecility was such that when these Services were rendered, he had to be over-looked; that in the ietx last year c* his life his sickness meanaaxx became worse and required more — attention and service, and the plaintiff performed the most menial service during this period; that the item of expense is a charge for these services rendered, and for necessary food and clothing , care and attention; that the defendant agreed with plaintiff before these services were rendered that the plaintiff should have control and the use of, and should eventially have Tom's estate for taking care of him during his life time; that after Tom's death, the plaintiff, as guar- dian filed an account as per exhibit » setting forth all charges and disbursments, which was approved by the clerk and which is . Part new approved with the exception of the item of $126.27. That prior to filing the said account the guardian came to the Clerk of the court and sought its direction with regard to filing her inventory and accounts, but the clerk could not find the bond or the record of appointment at that time, and declined to accept the same, and notified her that he would give her notice when he found these records, which was not done, but plaintiff after Tom's death filed the account as aforesaid; that Dr. Campbell rendered service as a physician for the ward for four years in sickness and charged therefor the sum of $55.00, which is reasonable; that during the period when the records of plaintiff's appointment seemed to have been lost she kept her wards lands rented and cared for by capable tenants, and in her account she charged herself with all the rents she received, or wk&kxxx which, with reasonable dilligence, shemight have received; age and all the other items in the account exhibited by her are approved agx and all the items of disbursment except the item of $126.27, which plain- tiffadmits is an error and brought into the account by inadvertence. Daisy Foote Campbell, admr. of | Thomas W. Foote vs. Brief of plaintiff's counsel, James W. Foote Ward's esta It is well settled in this State, and it was sO at common law, infant can bind itself for the necessaries of life,- in fact, generally speaking, this is the only exception to the rule of law, that al) con- tracts made by infants or lunatices, when not absolutely void for other Peatons, are voidable because of their infancy or lack of reason. Now we are to understand by the word necessaries, not only such articles as are absolutely necessary to support life, but it includes also such articles &s are suitable to the State, station md degree in life of the person to whom they are furnished. Jordan vs. Coffield, 70--110, Ordinarily the Principal of the infant's or lunatic's estat emust remain in tact, and only the income can be applied by the guardian in Obtaining the necessaries of life for the ward, but if the incomeis insufficient, the guardian is Justified in law in encraching upon the Principal of the ward’ necessaries of life, and if the guardian advances to the ward such funds as are actually necessary to the end that he may be maxnuk taken care of, the ward's estate is answerable to the guardian for the amount advanced, and if the amount is not refunded tothe guardian until after the death of the ward, then the guardian may recover the amount by suit against the administrator of the ward, " for infants ma& had better be held liable to pay fo r necessary food, clothing, &c., than for the want of credit, to be left to starve.” Hyman vs. Cain, 48-- 111; Jordan vs. Coffield, 70--110; The Code sec. 1612. The Code Sec, 1568-- The Code section 1568 provides that the court may allow such sums as may be necessary for the Support and maintenance of the infant, idiot, lunitic or inebriate, upon satisfactory proof made, according to the ward's condition in life and the kind and value of his estae. This is too well settled to need comment, and is universally recognized, In the case before the court, according to the great weight of the tes- timony, the ward of the plaintiff was a constant care and burden to her during his stay in her home; he was not Only mr an imbecile, but he was at times, a dangerous lunatic, and required AW€constan& care and over- sight of the plaintirr in order to prevent him from injuring himself and her children-- that his physical body was a reck, calling for the delicate attentions and the menial services which are necessary for care of a child of tender years-- that his very existence dmandxx depended upon the faithful discharge of these duties by the Plaintiff, which she performed duing four long years without a murmer., The cowmt will also find from all the evidence that the plaintirer has made a reasonable charge for these services, - the nature of which no one knows as well as herself-- that she has exhibited this item of expense in her account as guardian of her ward-- that it is supported by the oath of the Plaintiff, and that it had been &pproved by the court and is now ready to be Spread upon the records of this court. The court will also find as a fact that the defendant promised the plaintirr that if she would take his brother, the ward of the Plaintiff, to her home and care for him, that she( Plaintiff), should have the profits of the ward's estate during his life, and at his death, she should have all of the ward's property. Now, this court, sitting as a court of equit ee equity; and it is respectfully submitted that the court,, on the great weight of the evidence in this,case, that the charges of the Plaintiff and her husband are very reasonable-- that they have already been allowed in Plainti*f's account by this court---that the estate of the ward is answerable for the necessary and reasonable expenditures,- and that this court upon a consideration of the wie record, and upon an examination of the cases above cited, will enter upon record the account of the plaintiff as guardian, sworn to by her and approved and allowed by the court, and that the court will order a sale of the lands described in the petition in this cause to make and other legal indebtedness of OO NES AI on - A he: NN itt tient oaee . - . . © ene oetenmmmmeaimmtea i a! Sere lay to Prtpe1rte_£ & Lux wt. tie Le a Pas fp is than fafree B Cbs Curses (3) ‘ agg <x ees ae. oo FF ggg aie as", Say 0 au, GY AQ5- Chafee tora! | On SK we Fi 0ate~ My tee STG watcha, . (. athe. SG <—>o MAES. AA Coro 2,8 ont bf 95 2° ke fisde %. I ce eas Lee Log Chk “bere & Coetag Paetic 2 then i. lek Am or SPRY = GS GE Py +e mnt 95 2 Zak 3 At Curve / 69 9 dut /G20 a Pry Ac Bx tl Altre Auk fea) 42442554 t bly et Cala sib iiaanen:: aii: llaniiaiilaliam ~—<» : wA Lt bt. Gk. 72 Tg OP 12g 0 Ahany, Shu, aca tiaesl On CHA>rWm Serum Por toot f eet Oe Piano ping Ze pene : Kod nny Glithe it Maal Aa Mow & aie ~— } ee , ee Fine Me Ligh--v ea FRE Pepin tga &@ te ae a Ch d , wl = ’ ig He apg Ff 5 Ao —“ SO Fur teed Fro — A Fat, oie d ie 70 @rK trou) Fito eat Xx Pings ye Mw 44 Peek IFFY 2 pu 21 G94 Le, iyi Aethscend fire fe Milas da ane Revenge dee 2K 70 CarK Armd Ferma 7ahs *KX Birpe ey. 28 /6PY ener ns uy tf AIGOS Too Giwill Adapemad Poses, leat bait oe 297. SA E°ES Fo Cock Merri rmmeg Leoud % her 94» 1896 ¢- 187 Fo@orakK flew. 2 Bs tert 14 Buy IGDY Cath Fey .s-£ + LY S- C4. - oe pret ee , n Beets da. 225 * A 375" 9. Vtorraern - errs tr. 6 = E> G.25- \G*- Deorpreanh—P ows ok. 3 6. 6.70 Methhe fu ptt blo her. / 894 2.20 V8. Puetes p- Co. bear.) 22/994 1.50 iat end TL. ee Ga@ _ Du acter - Mfr ty Cider Pogo 13/9 Mm. Ba Bay fi EO) et ee Es Fn 8S Dh Ghee oy Sg hey LD - Tree tw. * 292 V6G aia hn. 1 * cHSS /7 ae CSIC ane ee 9 %-(%e9g fi Ht “dee. ze */89G ern 40 - "4b OY Br @. Cr__-LE LL. hey. 13 2 bey 7. ick ick teil Zo, 32598 aon ln GIR F ie 5 eae Catlay ee ye BX Bry Forerer ch, ier Dy. - LOK L > Aah owe 5 047999 fo v492s- ZAa 40 MW=1SG9 LAB .42 aX ry SP=7 $GE 3/9 4.60 3U9 J 69 Z2SS 1.26 Fae. 5% 0 1.50 AI0:00 3S 00 ‘4/0 23:00 Li ‘2 J OY Os m&y.._ Co 44 North Carolina, ) Iredell County. = ee eee Daisy F. Campbell, e@nihistratrix of Thos. W. Foote, Decree Modifying Judge- va ment heretofore Rendered. James W. Foote, This cause coming on to be heard before the undersigned at his office in Statesville, North Carolina, on the 19th Gay of October, 1901, on motion or attorneys to modify the judgement heretofore rendex- ed in this cause; It is therefore considered and adjudged that said Judgement here- tofore rendered be, and the sane ie hereby, modified in the following particulars, to wit: | -i- That Jame W. Foote be, and he is hereby, allowed to exon- erate his part of the land asked to be 801d for assets to pay the in- Gebtedness of the estate of Thos. W. Foote upon the payment into Court of one-half of the indebtedness of the estate of said thos. W. Foote, as fixed by the Court in the above entitled cause, and one-half of the cost Of administration upen said estate upon the final settlement of the same; that said amount, in order +4, patuasate hie interest in said land, shell be due end payable within thirty daye efter: bel We pis piuinivgratrix ef Thos Foote, aggid £hd) ner before t be Z Clerk of the Superior Court shall be first approved and audited by said Clerk; -2- It is further ordered that the same privilege be granted Daisy Campbell to exonerate her interest in said lands upon like terns; -S- It is further considered, ordered and adjudged that upon the failure of either James W. Foote or Daisy Campbell to pay into Court within the thirty days aforesaid the amount due from them as aforesaid that then and in that event it shall be the duty of R. B. McLaughlin and Chas. H. Armfield, Commissioners heretofore appointed in this cause, to sell the land described in the plaintiff's petition for as- sets to pay the indebtedness of the estate of Thes. VW. Foote after Que edvertisement in some newspaper publiehed in Iredell County for thirty days upon such terms as the Commissioners in their judgement ) ( ) ( } )) may think best. That in the event Gf either one of the aforesaia parties paying off their part: of the indebtedness as aforesaid then hie interest in seid land shall not be eeld; but the interest of the one who fails to pay said indebtedness as Pequired by the order of the Court: shall be sola by the Commissioner representing his or her inter- est upon the terms above specified; and the funds arising from said sale shall be paid to Daisy F. Campbell, administratrix of Thos. WV. Foote, for the purpose of paying off and GQiecharging the indebtedness of said estate, and eny surplus remaining in her hands shall be paid Over to the parties entitled thereto by laws ma - a on an Clerk, Superior Court, rredel2 County. Hiseerots ent 20 0 teste 20 Sneve ony aniyeg el tteg 87 10 seetetat eg? Jud {hfLoa ed sor {fare bral biee tl JeereIak ety S23 20 t9bx0 ene yd bextup ex 88 ab Orberdebn} blea veo of eLlet onw eno eJol et <0 ets SNL Ir oR exqey Temotzetormon ens Yd HLoe ed flere P1909 gs ~~ | S Mee norte Shelve abrir ots Bre ; eliloeqa evode enitese ens fOqu tao % j alnba ef{iLed 9 ft. Yeleq OF bieg ef {flere elec ee 9815 bre TIO srting ‘to Seow ent ror 2 8T09% 4 | | PLR - fig ob a Of al sally ek Qt Us Dee .etatar Hhlaa to Se : ) wal xd ORATOR Berd bar0 eelstaq at of Tevo | \n | soos treeNne oS | } | \ ¢ }ve2 HOA ae a Bill of Cost—Special Proceedings.—Printed by Brady, the Printer, Statesville, N.C. 3-22-’o1-1M = = = : Sao S e ee —===== = Ges a dat = ‘i Summons Docket and WE ren peru > I, 7)35- North Carolina, x | - . . Alias Summons i. . County, BOR COURT A Neng Notice of pub; cation each name ALA RR Au. _ fis | tion and orders ote | Cae = Sif nem | Re 86 € , Cok KS94 LPEF SHh Caaue tm 79 2+ 7s Ze 4? “7 2272 AM 39 Cs r ¥IF DS Z/, LF FAS go De diok rok wu. ' 23. i ® oie ek oO ON GLE ae é , Pp <7 in — yy 7 it e a a a e pA . if Wo w @ Fi o r e - (2 ? 2- Pf s fr pe n t a n e ou Ph a ! Z H T sus OF VALUABLE LANDS. ¥ VIRTUE of a decroe of the su i) ‘Lf ; 7 sedi meri i Pte Poa MWalesurtle, LF EC, trator ef Thos W, and James Ww, Signed court house door In Statesville, N on j m ) y) / , fe a » N. Cu, a ” MONDAY, OCTOBER 210%, 1901, COOH KL rc & € I l &’: roe of ta tock M., the following described tract ———— . of land in Sharpesburg township, to-wit: . That certain tract lying on the South Yadkin oon Coie river, and bounded on the north by the lands | of Daisy F, © St Db; of Os. Lack: Wesley Pri a James W. less, and bein ‘al lands known as lot No, 3, allotted to Thomas w, Foote in tae division of lands between the heirs.at law of Jane A. Foote, deceased, : SESSSR.. CALDWELL & CLARK, PRopRIEToRs. Sept. 20, 1901, Commissioners, |. ————- —~ K, Three Trontis,; oT PUBLISHED TWICE-A-WEEK : TUESDAY AND FRIDAY. PPor Oe o nye ee th ll ae Oe 20 nae Nalesville, O, DCF 7 Gal inne (Ga lyre Ce th iA bee Fare, CL (., Coreer, comer! to THE LANDMARK, 0m. | sincere Furnished One Year, $2.00 CALDWELL & CLARK, PROPRIETORS. Six Months, 1.00 pnsiiiies =! on tion. Three flonths, .50 PUBLISHED TWICE-A-WEEK : TUESDAY AND FRIDAY. ppl panies penntenpnmnieirniiapes enema serenely ee A Lea. > aa gaekt /F J/O Rolo y ie nat eel, ee atin =) ()\ Je ~