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HomeMy WebLinkAboutEstate Records 1790-1970, Foushee-Fowler"A A ‘= D ‘s o y s n o 4 St 6 l Application for Letters of Administration.—Printed and for Sale by Brady Printing Co., Statesville, N. C. APPLICATION FOR LETTERS OF ADMINISTRATION being sworn, doth say: . late of said County, is dead, without having a last Will and his wife, ..ig the proper person entitled to Letters of Administration on the estate of the said ...... FURTHER, That the value of said estate, so far as can be ascertained at the date of this application, is about $..250.00 and that ....real.estate estimated in value at $1,000.00... And thet Alma C. Foushee, his wife, Statesville, N, C., Patience Thompson, a sister, Glendon, N. C., brother, and children of Bella Womble, 9 deceased sister, are entitled as heirs and distributees thereof. { I do not know the names of the children of Wesley Foushee, Oscar Foushee and Bella Womble < these will be ascertained and attached later. ) Sworn to and subscribed before me this........SO¢h.....day Ah} £2 Beit euiitiaiis 198.2 Mh allo ta bor Superior Court. C EEE. OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, SS.—In the Superior Court. Iredell Couwrr. seesesevevenceeceeesseseseooeseoesesssssesneoeesssssesscoessssoosssooooseneceeene ees, Alma C. Foushee , do solemnly swear (orxaffzm) That I T, sncususesereneeneneeenseseiteneeettbonetenansseonetarttareovmeesesseseetesenttssne stetettntetstn eter essttnntfettn believe that i AUN without leaving any last Will and Testament ; and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Co We FOUSR CS emu , and a true and perfect inventory thereof return as provided by law, and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability ; So help me God. ; pa ; is BOER ad Ce ee F inlet ct ; Subscribed and sworn to before me this ay Z ‘ A Sia pt V £2.) Z Wi r e © to u c h e s Cw LE L V L L E ’ ” Fo u s h e e , C. W. 19 3 5 JF U D “2 [ M O 4 £9 6 I FOR LETTERS OF ADMINISTR STATE OF NORTH CAROLINA, IREDELL COUNTY—IN THE SUPERIOR CouRT. ‘ In the matter of the Administration of the C. G. Smith Before Cliff Fowler the said Further, That the value of said estate, so far as can be ascertained at the date of this application, is about tees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS Katie Belle Fowler Woodward Sister Olin, NC Victor Fowler Brother " Mary Lee Fowler, Incompetent Sister " | BO Relic i OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, IREDELL COUNTY B C Robertson , do solemnly swear (or affirm) that I believe that died without leaving any last Will and Testament and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Cliff Fowler , and a true and perfect inventory thereof return as pro- vided by law, and that all other duties appertaining to the charge repossed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. Subscribed and sworn to before me this.. day | ( d | 8 Esa eh fA LTT ALY J p------- Administrator. ’ J Fo w l e r , Cl i f f 19 6 3 m ¢ No. 414. RENUNCIATION OF RIGHT TO ADMINISTRATION. Edwards & Broughton Co., Raleigh NORTH CAROLINA Superior CourT—BEFORE THE CLERK In THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF RENUNCIATION OF RIGHT TO ADMINISTRATION Taxe Norice, That the undersigned do right to administer upon the estate of the said Cliff Fowler , deceased, in favor Fe siti hctaacihissiseinniiicie idl hn , and respectfully ask | ° = 8 o > £9 6 1 IN TH E MA T T E R OF TH E ES T A T E Fo w l e r , Cl i f f 19 6 3 ae NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E ee e (R e v . 2/ 5 6 ) IN H E R I T A N C E TA x Di v i s i o n RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T NA M E OF ES T A T E : ca NA M E OF RE P R E S E N T A T I V E et 4 sa c l en LA L I T S AD D R E S S NA M E OF AT T O R N E Y AD D R E S S NO T E : Se c t i o n 20 of Ar t i c l e On e of th e Re v e n u e Ac t , re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e fa i l u r e to fi l e th e s e re p o r t s . PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T NA M E RE L A T I O N S H I P Ba n k de p o s i t s Ba n k de p o s i t s ca : - Na m e of Ba n k St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e _ In t e r e s t ow n e d in an y bu s i n e s s __ ~ _ _ In s u r a n c e Pa y a b l e to Es t a t e In s u r a n c e Pa y a b l e to Be n e f i c i a r i e s _ $ Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m pr o d u c t s Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e '4 va l u e ) _. - . _ — $ Ot h e r Re a l Es t a t e ow n e d an d lo c a t e d in N. C. ~~ ~~ ~ — sw LL 2 OF Re a l Es t a t e lo c a t e d ou t s i d e N. C. ~~ z ‘ : . . Sf mn a » a fa a ti t A ’ I tA - b t t se AT et e Be r t a ta s ts ha e a CE R T I F I C A T E OF CL E R K | DO NO T US E TH I S SP A C E Th i s re p o r t i SA p qu a l i f i c a t i o n s of t h e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th mo n t h of -. i é -1 9 LE . —— Cl e r k of Co u r t IM P O R T A N T : i Pl e a s e in d i c a t e wh e t h e r uf Ad m i n i s t r a t i o n ( Da t e of de a t h eo Ex e c u t o r s h i p ( ) Fo w l e r , Cl i f f 19 6 3 State of North Carolina Department of Justice T. WADE BRUTON RALEIGH R. C. MAXWELL ATTORNEY GENERAL SPECIAL ASSISTANT lr. A. B. R attorney at P.O. Box Is7 Stetesville, N. C. Dear Mr. Raymers In your letter to me ly 9th you advised thet you represent the administrator of a decedent, who, you have recently learned, ' it at the Broughton Hospital from about 1928 to ab thet a part of the estate hes been distributed but me money remains in the hands of the administrator and the decedem Also had about 4O acres of lands; that no claim has ben filed by the state hospital covering maintenance of the deceased during the period that he was 4 patient at the state hospital; that part of the estate has already been distributed and that there is a little money left and the 40 acres tract of lard which will go to his two sisters end brother by inheritance, and thet the administrator would like to distribute this estate to them since they are badly in need of this property for their own support, and you asked me to advise you whether or not this can be done without causing some jeopardy toc the administrator's bond. From the facts which you stated in your letter it énppears that the deceased did not die while in the state hospitel, and if thet is true the state would have no lien against the property of the deceased for his support in the state hospital ending about thirty years ago. Unier these circumstances no claim will be filed by the state hospital. Yours very truly, FW}, 7 LC Wawel R. C, olaxwell Special Assistant Box 1166, Raleigh JS U D “I 9 1 M O 4 £9 6 1 B U D ‘w W [ M o d £9 6 1 RAYMER, RAYMER & Lewis | ATTORNEYS AT LAW STATESVILLE, N. C. a 44 3xb5S North Carolina In the Superior Court Iredell County Before the Clerk In the Matter of B, C, Robertson, Administrator of the Estate of FINAL ACCOUNT Cliff Fowler, deceased To the Honorable, the Clerk of the Superior Court: The undersigned, B. C. Robertson, Administrator of the Estate of | Cliff Fowler, deceased, respectfully shows to the Court: I That he was duly appointed by this Court as Administrator of the Estate of Cliff Fowler, deceased, on the 20th day of March, 1963; that he || duly qualified as such and, has since said date, been in the active discharge of his duties es such Administrator, II That having fully administered said estate, he hereby files with the Court the following as a true, full and complete inventory of the property coming into his hands as Administrator and as a true, complete and correct | Statement of his receipts and disbursements and the distributionof said estate from the date of his appointment to the date of the filing of this | final account, and as a full, complete and final settlement of his said trust as follows: RECEIPTS Cash on hands $ 120.00 Bank of North» Wilkesboro, North Wilkesbor, N. C., Savings Account No, 32634 1,248.61 Northwestem Bank, North Wilkesboro, N. C., Savings Account No, 14925 1,278.59 Home Savings & Loan Association, interest 24.97 Home Savings & Loan Association, interest 25.47 First Savings §& Loan Association, dividend 24.00 First Savings §& Loan Association, dividend 24.00 BU D “M O 9 6 1 Raymer, Raymer & Lewis ATTORNEYS AT LAW STATESVILLE, N. C. | | j } Home Savings § Loan Association, interest Home Savings §& Loan Association, shares First Savings § Loan Association, dividend First Savings §& Loan Association, shares Northwestern Bank, Statesville, N. C., accrued interest No. 14925 Northwestern Bank, Statesville, N. C. certificates of deposit Northwestern Bank, Statesville, N. C, accrued interest No, 5179 Total receipts DISBURSEMENTS Statesville Record, creditor's notice Reavis Funeral Home, funeral expense Winecoff Marble Works, monument 515.00 Iredell County, 1963 tax 4.58 White's Grocery Store, account 2.25 B, C, Robertson, commissions on $6550.20 received, and $977.83 disbursed 376.40 Raymer, Raymer § Lewis, Attorneys 250.00 C, G, Smith, C.S.C., costs of administration 15.60 Total disbursements $ 1,619.83 Balance for distribution 4,930.37 $ 6,550.20 DISTRI BUTION To Victor Fowler, a brother: N,. C, Department of Revenue, inheritance tax Balance distributive share 1,556.93 To Katie Bell Fowler, a sister: N. C, Department of Revenue, inheritance tax 86.53 To B, C, Robertson, Guardian of Katie Bell Fowler, incompetent 1,556.93 To Mary Lee Fowler, a sister: N. C. Department of Revenue, inheritance tax 25.98 1,248.48 24.00 1,200.00 45.11 1,200.00 60.99 $ 6,550.20 $ 6,550.20 1,643.46 July 20 To C. G,. Smith, Clerk Superior Court of Iredell] County, for Mary Lee Fowler, incompetent patient of Broughton Hospital, Morganton, N, C, 1,556.93 1,643.45 $ 4,903.37 III That in addition to the cash distributed as hereinabove set forth, there was no personal property for distribution of any monetary value; that | the undersigned delivered such personal effects as items of clothing, which || was the only property left by the decedent, to Victor Fowler, only brother of the decedent. IV That before making the distributions hereinabove set forth, the || undersigned Administrator paid all debts of the deceasdd presented to him or | of which he had any knowledge; filed a North Carolina inheritance tax return |, and paid all tax shown to be due thereon, and has fully paid all cost of | administration and other charges against said estate, Now, having fully administered said estate, the undersigned || Administrator prays the Court that this final account be audited, approved || and ordered recorded and that he and his bondsman be discharged according to | law. This the? / 2% day of July, 1964, | vom to and subscribed before me | | suis the-2/ day of July, 1964, Raymer, RAYMER & Lewis | ATTORNEYS AT LAW| { Notary J STATESVILLE, N. C. JI N D “F 9 | M O Z £9 6 1 The foregoing final account of B. C, Robertson, Administrator of the last will and testament of Cliff Fowler, deceased, having been audited by me, the same is hereby approved and ordered recorded. It is further ordered that the Administrator and his bondsman be discharged according to This the Ly day of July, 1964, law, Raymer, RAYMER & Lewis ATTORNEYS AT LAW STATESVILLE, N. C. | GATION FOR LETTERS OF ADMINIS STATE OF NORTH CAROLI In the matter of the Administration of the Estate of __Mrs. Della Fowler ___ , being. sworn doth say: late of said County, is dead, having died on the28th__- _, 19 45., without leavining any last Will and Testament, and that _ Mra. Sas John... Fowler, JI »________is the proper person entitled to Letters of Administration on the estate of the eS |; Ummm MUIR AU a arias ig = Real Estate, and $__ .. .. .....Personal Property, and that the persons entitled as heirs and distributees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS John W. Fowler, Sr. Husbandimm Statesville, N. C. John W. Fowler, Jr. Son . Statesville, N. ©, James E,. Fowler son New York E. E, Fowler Son * Mrs. Pearl Daniels Daughter Mocksville, N. C. Miss Bessie Fowler Daughter Statesville, ly, v, Miss Hattie R. Fowler " " Sworn to and subscribed before me this. 26_ .day OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, } SS.—In the Superior Court. IREDELL COUNTY Deel aig John W. Fowler, dr. im , do solemnly swear (or affirm) that I believe that _.. Mrs. Della Fowler . _.....-..- died without leaving any last Will and Testament and that I will well and truly administer all ‘and ‘singular the Goods and Chattels, Rights and Credits of the Mrs. Della Fowler _ __.......-, and a true and and perfect inventory thereof return as provided said _. by law, and that all other duties appertaining to ‘the charge repossed in I will faithfully and honestly perform with the best of my skill and ability; So help me God. No, 414, RENUNCIATION OF RIGHT TO ADMINISTRATION. Edwards & Broughton Company, Raleigh—(K) NORTH CAROLINA SuperRion CouRT—BEFORE THE CLERK. In THE MATTER OF THE ADMINSITRATION ar wae Rete ee RENUNCIATION OF RIGHT TO oe Mirs._ Della Fowler ADMINISTRATION right to administer upon the , deceased, in favor IN TH E MA T T E R OF TH E ES T A T E No . 41 4 — 3 M — 8 - 4 1 — 1 7 2 1 3 5 — K F o w l e r , D e l l a 1 9 4 5 Fo r m 21 3 RE P O R T OF CL E R K OF CO U R T TO TH E DE P A R T M E N T OF RE V E N U E , RA L E I G H , N. C. NA M E OF ES T A T E . FG eR e AT al c Ap il a eo ha ph i v a i a t i n n r aa n ne s e » Se t en a i Co u N T Y _ _ _ _ _ _ _ _ _ _ Et ee . NA M E OF RE P R E S E N T A T I V E _ _ _ _ __ - NA M E OF AT T O R N E Y NO T E : Se c t i o n 20 of Ar t i c l e on e of th e Re v e n u e Ac t re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c - ut o r wh i c h wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e fa i l u r e to fi l e th e s e re p o r t s . PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T NA M E | AG E RE L A T I O N S H I P ee oe ee ed ’ (N A M E OF BA N K ) qu e ai a es Be ae (N A M E OF BA N K ) St o c k s an d Bo n d s ow n e d __ _ __ _ Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e In t e r e s t ow n e d in an y bu s i n e s s In s u r a n c e pa y a b l e to Es t a t e se In s u r a n c e pa y a b l e to be n e f i c i a r i e s ree Oe Se Oe Mo r t g a g e s an d No t e s Fa r m pr o d u c t s __ _ _ _ Mi s c e l l a n e o u s pr o p e r t y - Re a l Es t a t e ow n e d an d lo c a t e d in N. C. TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S $ CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s no e , co v e r s $i qu a l i f i c a t i o n of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r i th e mo n t h of _ Da t e IM P O R T A N T : Pl e a s e in d i c a t e wh e t h e r Ad m i n i s t r a t i o n () ~ Da t e o f de a t h _ - Ex e c u t o r s h i p ( ) Fo w l e r , De l l a 1 9 4 5 i a 4 é North Carolina In the Superior Court Iredell County Before the Clerk In the Matter of the Administration of the “state )} of l'rs, Della 0, Fowler § PINAL SETTLEVENT To the Honorable C, G,. Smith, Clerk of Superior Court: The undersigned administrator of the estate of !‘rs, Della 0, Fowler herewith returns upon oath the following as a true and correct final settlement of his trust and prays that the Court will approve and allow the said settlement and order the administrator discharged, RECEIPTS December 20, 1945 By payment to John iJ, Fowler Jr, Commissioner %2413,27 fron sale of Proad Street property October 30, 1946 Peoples Loan and Savings Bank, interest 7.50 on Savings eccount Total receipts *21,20.77 Hrenrr AT TD co DIS BURS dud ITS C. G. Smith, Clerk Superior Court, final settlement “7.20 Scott & Collier, attorneys fees && — 20,00 ™27,60 Balance of %2392,°7 of the estate naid to husband and children as follows: J. le Fowler, age &5 years 15% of 2392.97 John “!, Fowler Jr., son James Edgar Fowler, son Bessie L, Fowler, daughter Hattie R, Fowler, daughter Everette =, Fowler, son Pearl Daniels, daughter Total disbursements “2420.77 All of which is respectfully submitted and asked to be anproved by the Court, This the 30th day of October, 1946. ee a Sworn and subscribed before me, this eo 3Qth day of Oct. 19 eo; i fj we: e eovweWve BI J O q ‘J O [ MO T Sv 6 l des Let! ae CO ae + on CMEC coc En Leia, Conien flcwee ace ot S Gaede — tren, hiccec CO 36; yor | JC 76§Ahais Ka AL - + Oh te. 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Hore Bai acncKk Zeer BpfleceC ae ane ll ig 7S ° life oc Ab Lap, iia ft bt. dette. °H SZ T T y Sa e T M o d | | | 1 | (42-2 ci Che LAA J por ta ‘AJ ft Aenec ae Chae Cad foes JittecCodicc col CLOG, Gs ADELE Rg BY, Mie & ee ae a of (Zi © SN dhe place Oi cae A+ Lie be ez ~ CAaeeersz, oc! ao —preard : wpa mak, Le tory, Beach oie at eid ame | Be rene Syeeerl a eb uce + heen he thew Yeo! Sarmee | Te ager (Caer. Cex, GCA Cd, Bophe_e ae on (trac Wtarl-. LoZec ba t2 4 as we ee Files ce LE Lap, ws Kr Sea a Clee oe oie Sate Zee Yf Affted then Shs ; Bp anc BA praseddrgl Cag pecan A ae Set pitta b o O K e e e | o l ( C b O O p e e F t e d C e f beac C faceeee>— hawt flr ee fire nee Minne a Bin Eee nthe ota caasi 7 oH <t ; °H BZ T I y ‘a e T M o g V4 NORTH CAROLINA, ae 1S%Z PREME COURT. sists JUDGMENT. TWS causeKameron to be argued upon the transcript of the record from the Superior Court of oe County :—upon consideration whereof, this Court is of opinion that there is LZ) error in the record and proceedings of the said Superior Court: It is therefore considered a e . by tle Court here, that the opinion of the Court as deliv- ered by the Honorable . ' "Jee be certifie the said 4 Superior Court, to the intent that the Actor fect, ef} - - : : And it is considered and adjudged further, that the flat Lo ‘ a OV“ Freely, 4 CO tiryi,, Gd brn: snicaneoncellaalies the costs of the appeal in this Court incurred, to-wit: the sum of \ and let execution issue therefor. A TRUE Copy: x ° = Ww oO " °H S2 T T H NORTH CAROLINA Supreme Court: Sept. Tern, 1692, # 292 - Iredell Co, Geo, W. Fowler et al (appellan*s) vs, J. FE. Oshom st al, Civil actior for possession of land tried at May Tern, 1892 of the Sunerier Court of Tredell County before MeIver, Jude. Tho facts sufficiertly arpear in the opinion, Avory. g.The action is brought te recover pessession of land cone voynd by the ancestor of the deferdants +o the ancestor of the plain- tiffs by two deeds absolute uper their face, If nothing mre arr red Plaintiffs would be entitled to an affirmative response to an ise invelving the title, Put the cefencants pleaded as an ostopral judgment in a former action beiween the same parties with tho pere sonal representatives of the mother of plaintiffs ane of the fahter cf the defendants, as additional Partics Plaintiff and dsfercant Tren spectively, The fermer action (which came up on appeal entitied More ris ve, Oshorne, ¥f 104 N. C. 609) was founded upen the alleration that the very deod?now relied on as evidence of title, were in fact a security for the payment of a nete for $936, oxceuted by Themas A. Oshorne, the father of cefendants on the 17th, of Decorber 1866 and payable to Fliga H, Fowler, the mother of plaintiffs, In that .¢etion the plaintiffs in the prayer fer relief asked, lst,, for judrment for the amount of note with interest and ecst, 2nd, That the defendant. €I 9 [M O ] 7} Ww =r N o je 2 administrator, Tomlinson, be renuired to sell the land unless the judgement should be paid within a reasenable time, 3rd, For general relisf, 4th, For possession of the land, The defendants in their answer in the former action admitted that the nete was given to sé= cure indebtedness, but insisted that it was executed as security for an account instead of the note sued on and that the note was paid, or presumed by law to have heen paid on account of the lapse of time, The defendants mirht have raised an issue by denying that the deeds were in fact mortzages; and their admission of the allsezation in the complaint, that the deed was executed as a mortaze, though to secure an account, was equivalent to a finding on «weh an issue when there is a denial, The jvry responded tc an issue submitted in that case that the debt (the note for $930.) had been paid, or that # the pree sumption of payment had arisen by the lapse of time and had net been rebutted, which in contemplation of law ff was the same thing, The ad judication between all of the parties in intorest, that a debt has been paid, is the very highest evidence of the fact, of payments and the effect of such adjudication whether founded upon direct proof or unrehitted presumption, is to disebarze the lien and ordinarily to leave the mertgacee under a mortrace dead or the grantee under an abe sclute ceed executed as a security for the doht, as the holder of the naked legal estate compellable, in a svit brevght hy the mertragor or rrantor (or the heirs of either as the case inv be) to formlly dise echarpe the lien er reconvey the land, 1 Jones on Mortrares, Sects, 972 and 9738; 2 Ibid See, 1060. RButthe neto sued on in thse former action was executed by Thomas Osherne in 1847 ard the deeds on which Plaintiffs rely te show title in 1868, while this action was not ‘I a T M O g *} 4 wr N ~ po = e brought till July 1890, In Ray vs, Pearce, 84.N, C. 485, it was held that where presumption of payment of the debt secured by a mrtzagze deed arose by the lapse of ten years (artes? c, 65 Rev, Cede) from the date of the note or of some act, sveb as the egmé last payment made uponit shewn in rebuttal of the Presumption, the courts would Ppresuns also, as azainst the mortzazee or his assignee, that there had been a recenveyance although the deed and bonds remained in the poss- ession of such mortzagpes or his assignsce, In our case there had been a conclusive cetemination at least of the eontreversy as te ths paye ment of the debt and the character of the deed, If with such data a reconveyancs of the lesal estate is prosured the elaim of the plains tiff%s to recover on the deed would he settled, without entering upon the discussion of the question wheticr the issue as te title might have been adjudicated in the forver action after the reeerd then made by leave of covrt that the plaintiffs entered a nel pros as to the alleration of title and demand fer ressossion set forth in their com Plaint, The lapse of more than twenty years from January 1, 1870 to July 1890 during which time it seo s te he admitted that the defende ants were in possession ef the land, would give rise to thopresumpe. tion of an abanconvent by the plaintiffs, if ro other fact was cone Si’ered as coneluce? hy the former actien exespt that, the deed absoe lute upor its face wos in reality a mertcaro, The admission as te the character of the ceed being enovivalent to a finding of fact by the jury and the debt having been paid hefore this action was brought, we would he piving a very nartw constmeticn to ths statute (Code Ch, 65 See, 19) were we to bold that even in the absence of the plea or proof of continneus fossession for 2c yoars or 10 years by defends =] ° = w o 3 °H B2 T T H ants, but in the face of a plea of estoppel, under which they show that the deed is a rortage and the cebt paid, that the plaintiffs could recover in a cour. where law and equity are ad:inistered upen a bare iegal title which they, in contemplation cf law, have either aban edored or hold subject te the “enand of the defenda'ts for a reccnvey- ance, Surpesing tis former action te have been breught oriminally only for a foreclosure of the mertgaze, without ary allegation of the wlawful withholding of or prayer for possession, or that the ene try of tie nol pros brunt about the sane state of affarrs, two qvene tions were still involved in tho eentreversy, The plaintiff conld not. demand his decree till be should establish the facts, firs’, that the debt wos due and cwing; second, that the deed was executed aS a nertgzage to secure its payment, The execution of the deeds wa: admitted brt the det was sown tc have been, in legal eenterpl ation satisfied, The court adjudged that the nete sued on had been paid, and upon the plsadings and ver ict, eortainly with the additional ade a 3 Missicn mace upen the trial and recited in tha ceerse that tho detente ants had beer in pessessicn since *'e exeentier of the dead, 1% was within j the pewer of the court and it was the duty of the Judge, or motion of the defercants therein, te further adivdges and declare that, r the land was "diseharce. from the eperatien of any Lien arising from said trust.*® This adivdicatior being binding veon the heirs at | aw of both of the parties te the original deed, it wenld follow under the principle aid down in Pay vs, rearco, supra that a roeonveyanes by Eliga H. Fowler or % :irs to Thomas Oshorre or his hoirs would be presuned fron the lapse of time and the discharge of the lien to have been actually mde, The presence of the personal representatives of beth parties to rx) ° = ~ a “ “eo °H B2 T T H the deed in addition to their FOaPay ive heirs, did not destroy the conclusive effect of a judgment as to any issue actually involved, upon the heirs at law of either, The joinder of an unnecessary Party even would not relieve the heirs from tho estoppel ereated by the judgment, nor would the presence of parties made necessary by another phase of a fermer action, impair to force of an adjudication of any question that should afterwards arise hetwoen parties, all of wrom were before the court when sveh adindication was made, We can thus cispose of this case without recourse to the well established principle that the partios to an action are as a general milo concluded, net only as to issves that were litigated, but as to matters that might have been detervined thersin, "The estoppel is net confined te the jvudement, but, extends te all facts involved in it, as necessary steps er the ground werk upen whieh it mst have heen founcded,® Sedewick & “ait &e, Sec, 508, ‘AYAAAR Where the plaintiffs in an action pray for raensral relief or even in tho absence of any rayor at, all, it is the duty of the court to grant them such relief as tre facts alleced in the complaint and pm ved or admitted entitle them te derand, Harris vs, Snoeden, 104 NH, C, 369; Knight vs. Hough. talling, 85 N.C, 17, Upon a careful scrutiny of the woels record we think that eed was NO ERROR, —_ LA ee Wd Los i Tian Fo w l e r , Fl i z a H. 2 Ce alle HALO APPLICATION FOR LETTERS TESTAMENTARY IN THE MATTER OF THE WILL OF . .Hattie Rebecca Fowler _ B2 0 9 g 2 y BN E H ‘I a ] M O J IREDELL COUNTY :—IN THE SUPERIOR COURT $9 6 1 ee Before C.G. Smith C.8.C. Bessie Louise Fowler being duly sworn, doth say: That Hattie Rebecca Fowler late of said County, is dead, having died on the 3rd day of October , 19 65 , having first made and published __her _ last Will executrix and Testament and that _Bessie louise Fowler _ is the @&R@64%0X named therein. Further, That the property of the said__Hattie Rebecca Fowler consisting of Real Estate $.10,000.00and Personal Property $.272900-00 __ so far as can be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS Bessie Louise Fowler Sister 1231 Davie Ave., Statesville, N. C are the parties entitled under said Will to the said property. Sworn to and subscribed before me this _l1th day /) ‘ ) \ “4-) YY me } ber™ 1965, Eee, es ac <Y_Executrix_ _Clerk Superior Court. Address_1231 Davie Avenue, Statesville, N. C. ¥ OATH OF EXECUTOR STATE OF NORTH CAROLINA IREDELL COUNTY SS.—_IN THE SUPERIOR COURT. I, Bessie louise Fowler ____..-—do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of_________ Hattie Rebecca Fowler i as that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall extend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. Subscribed and Syorn tg before me this_l1th _ A f . / day Ve a ia 19.65 _ ee £ _ Keers \po AS‘ Bxecutrix_ sail iL 2 4 C.S.C. FO R M A1 0 4 *e v e / 6 4 FO R OF F I C E US E ON L Y NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E IN H E R I T A N C E TA X DI V I S I O N RA L E I G H , N. C. 27 6 0 2 RE P O R T OF CL E R K OF SU P E R I O R CO U R T FO R OF F I C E US E ON L Y —e at > ee ge, g a NA M E 7 . if E. oe i 7 ee we wi t d< 2 * |_ N A M E OF AT T O R N E Y AD D R E S S ae . or e ‘S P - i > 2 FI A tA AD D R E S S “ ; NA M E OF RE P R E S E N T A T I V E & ty ‘i S CO U N T . AL L . 4 - + #4 ‘ : . = ‘s e ’ - ia ir e , o” eo No t e : G. S. 10 5 - 2 2 re q u i r e s th e Cl e r k of th e Su p e r i o r Co u r t to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e ex e c u t o r / a d m i n i s t r a t o r an d fo r w a r d sa i d re p o r t , in du p l i c a t e , to th e In h e r i t a n c e Ta x Di v i s i o n , No r t h Ca r o l i n a De p a r t m e n t of Re v e n u e . A pe n a l t y of $1 0 0 . 0 0 is pr o v i d e d fo r fa i l u r e to fi l e th i s re p o r t . PR O P E R T I E S OF DE C E D E N T NA M E BE N E F I C I A R I E S OF DE C E D E N T AG E RE L A T I O N S H I P - Ba n k De p o s i t s .. . . ~— NA M E OF BA N K - Ba n k De p o s i t s NA M E OF BA N K Ba n k De p o s i t s . . NA M E OF BA N K Ba n k De p o s i t s = NA M E OF BA N K . St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) . . - Ho u s e h o l d an d Ki t c h e n Fu m i t u r e . . In t e r e s t ow n e d in an y bu s i n e s s . In s u r a n c e Pa y a b l e to Es t a t e Ot h e r Re a l Es t a t e ow n e d an d lo c a t e d in N . C . .. . . - Re a l Es t a t e lo c a t e d ou t s i d e N. . ; PA B , G2 TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S . . . Ps Z A # f b ne OF CL E R K 7 Th e ab o v e ad m i n i s t r a t o r / e x e c u t o r qu a l i f i e d on .. E , 19 a7 46 : az é = Ex e c u t o r s h i p CI Ad m i n i s t r a t i o n Ey CL E R K OF CO U R T Js Da t e of De a t h ft . Fo w l e r , Ha t t i e Re b e c c a 19 6 5 DO NO T US E TH I S SP A C E Bo s a g o y SB } “I o [ M o ] $9 6 1 nvenolP op SAPETY DEPOSIT Box Ss IN THE NAME OF; Hattie R. or Bess L. Fowler « (Hattie Rr, Fowler, Deceased) BANK : Northwestern Bank, Statesville, ¥. 0, DATE TAKEN: Oatober 8, 1965 WITHESSES : Miss Sessile Louise Fowler Mra. Ed Fowler Hetty M. Baity, Deputy Clerk Superior Court CONTENTS 3 Warranty Deed « John W. Fowler to Besale Loulee & Hattie Rebecca Fowler Deed - Everette &, Powler et al to Hattie Rebecoa & Bessie Louise Powler Gatewa asee Insurance Co, #2110 loo shares - Hattie R. wler Gateway Life Insurance Co, #1101 200 shares ~ Hattie R. Fowler Stock Certificates of Bess L, Fowler Insurance Policies of Bess L. Fowler Following Series £ Bonds 3 $500.00 Octover 1946 Beas L. Fowler or Hattie Fowler 500.00 October 1949 ” or John Fowler 100.00 Octoder 19149 or Hattie Powler 100.00 October 49 . 1000.00 Deo. 1953 200.00 Oot. 1949 200.00 October 21949 50.00 Ost. 1949 50.00 Oct. sage 100.00 Aug. 3 100.00 Aug. 1963 100.00 Aug. 1963 1000.00 Octo. 19k9 1000.00 « 1963 1000.00 Oat, 1949 Hattie R. Fowler Great American Ins. Co. & American National Fire Ins. © M-25-65eh) « Homeowners polley Mi scellaneéus Pepers of no monetery value. This the 6th day of October, 1965 vo s a g o y WN e H “I a j M o - j c9 6 l COLLIER, HARRIS & COLLIER ATTORNEYS AT LAW STATESVILLE-MOORESVILLE NorTH CAROLINA NORTH CAROLINA IREDELL COUNTY IN THE MATTER OF BESSIE LOUISE FOWLER, EXECUTRIX OF HATTIE REBECCA FOWLER IN THE SUPERIOR COURT, BEFORE THE CLERK. INVENTORY The undersigned Executrix of the estate of Hattie Rebecca Fowler herewith returns the following as a true and correct Inventory of all property coming into her hands belonging to said estate. Balance of Checking Account in The Northwestern Bank $1,928.40 One-half of joint account with Miss Bessie Fowler in First Savings & Loan Association 3,250.00 Refund by hospitals and doctors of Insurance collected in excess of their accounts 1,217.37 United States Treasury, Social Security Funeral benefit 255200 United States Treasury, refund of 1965 Income Tax 135.00 Revenue Department of State of North Carolina, refund of 1965 Income Tax 67.03 300 Shares Common Stock Gateway Life Insurance Company 900.00 62 Shares Common Stock Security Life & Trust Company 2,852.00 1,300 Maturity Value Series E Bonds, dated Aug. 1963 1,034.80 2, ooo, " w " w " Oct. 1949 2,439.20 One 1964 Plymouth Sedan Automobile 2,000.00 Diamonds & jewelry Miscellaneous household & kitchen 110,00 furniture 500,00 Wearing Apparel & personal effects 100, 00 All of which is respectfully submitted to the Court. Sworn to and subscribed before me, Nac ia i 5 Log) Executrix of Hattie Rebecca Fowler RI D N g o Y BI e H “I s ; Mo - J $9 6 l COLLIER, HARRIS & COLLIER ATTORNEYS AT LAW STATESVILLE-MOORESVILLE NortH CAROLINA NORTH CAROLINA 9 IN THE SUPERIOR COURT, IREDELL COUNTY 4 BEFORE THE CLERK. IN THE MATTER OF THE ADMINISTRATION OF THE FINAL ACCOUNT OF EXECUTRIX ESTATE OF HATTIE REBECCA FOWLER TO HON. CARL G. SMITH, CLERK SUPERIOR COURT OF IREDELL COUNTY: The undersigned Executrix of the estate of Miss Hattie Rebecca Fowler herewith returns and shows upon oath the following as a true and correct final accounting of her transactions as such representative. RECEIPTS October 28, 1965, C. H. Weber, sale of automobile $2,000.00 Nov. 22, " Security Life & Trust Company, dividend 6.20 Nov. 22, " Refund of Medical expense collected 140,00 Dec. 7, ° Transfer of Checking Account in The Northwestern Bank 1,928.40 Jan. Refund of Hospital Insurance collected in excess of accounts 782.90 Feb. 17, Refund of Hospital Insurance collected in excess of accounts 203 .60 Feb. 17, United States Treasury Dept., Social Security funeral benefit 255-00 March 7, Security Life & Trust Company, dividend 620 March 31, Hospital Insurance tefund 75.00 May 16, Hospital Insurance refund 15.87 May 2h, State of North Carolina, refund of 1965 Income Tax 67.03 May 2h, Security Life and Trust Company, dividend 6.20 June 9, United States Treasury Dept., refund of 195 Income Tax 135.00 Total Receipts $ 5,621.40 Credited by the following General Disbursements: Nov. 8, 1965, Nicholson Funeral Home, burial expenses $1,261.65 Nov. 16, " Benfield Appliance Company, acct. 29.51 Dec. 10, " Intangible Tax on bank deposit 1.19 March 3, 1966, District Director Internal Revenue, Additional 1964 Income Tax $ 175.08 April 8, District Direetor Internal Revenue, Interest on additional tax 23.29 B0 0 0 G 9 y BN e H ‘1 9 ] M o 4 April 19, Winecoff Marble & Granite Works, marker 66.95 $9 6 l June 23, North Carolina Department of Revenue, Inheritance Taxes 1,803.95 June 23, Collier, Harris & Collier, Legal services 250.00 June 23, C. Ge Smith, CG. Se Coy costs of Appointment $4.00; Inventory $1.00; probate of will $3.00 and Final Report $26.50 Total General Disbursements $ 3,646.12 Balance in hands of Executrix 1,975.28 $ 5,621.40 The above balance of $1,975.28 was turned over to Bessie Louise Fowler, the sole beneficiary under the will. The other personal property listed in the Inventory was likewise delivered to the said Bessie Louise Fowler in kind. / All of which is respectfully submitted to the Court, > 1966. a SN old Executrix of Hattie Rebecca Fowler Sworn to and a before me, Clerk Superior Court Audited, approved and ordered fjled and recorded. COLLIER, HARRIS & COLLIER ATTORNEYS AT LAW STATESVILLE-MOORESVILLE NORTH CAROLINA ae of baboliua, Pre ol Lk Corin! Oliv len. / ae ’ , 4 pf * ( f f) Jw rb In alley 6 CAMAL ¢ Jiprertei( STR or OA) Ltée Ke ) Cem mtdrerta 6 ~? / 4 a a ¥ ea ' a) /w AME 19 vito. dit Mi1K1t plelerv sta lees oh) fA P ace) o. Se a 012 Sar Yy d Mitkas uct naw, y Wk, shee v, r f lez 1211 J2teonwrd leith - tAAIA wrmud, 6 zeal, lw tr VY oly tetshe; adevg Ww Gath ae pk , L Pralths C bie wt" Le dca off Hin 2 oe plaenmale;: LAs follevo nrg aA Lot to Cyr ¢ reteen L120 Re Ge Fro vwauhree a preyed, Lecenvit i I AtYNLoe f FY! ? Byer no LOted LO TA g pa satan for Letters of Mae toe © and for Sale by Crowson Bros., Statesville, N. C. _..-.--., being sworn, doth say: _are entiiled as heirs and distributees thereof. f Sworn to gnd subscribed before me this. ..£7. day) , A Yn 4/ of ...- 2. : ) ( OATH OF ADMINISTRATOR. AROLINA, | : SS.--In the Superior Court: -_COUNL __.........., do solemnly swear (or affirm) : : . died without leaving any last Will and inigter alland singular the Goods and Chattels, Rights and Credits of the said ___- , and a true and perfect inventory thereof return as provided hy law; and | that ll other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the dest of rhy skill and ability: So help me God. Subscribed and sworn to before me this 7/7 ) AL f g Gh A" ms i .-..- 4. UNMtEAA yf “ Administrator. day of Sal LZ 19 C Lt a iattdt. f& North Carolina | In the Superior Court | Iredell County | Before the Clerk ( In the matter of Mattie Fowler, | Cliff Fowler, Mary Lee Fowler, {| Katie Belle Fowler and Victor { Fowler, by their next friend, h.T. Weatherman, Exparte. To J.A. Hartness, Clerk Superior Court of Iredell County: The petitioners allege - 1. That they are the owners and seized in fee-simple and in possession of the following described land lying and being in Iredell County S e of North Carolina, adjoining the lands of © Mio and others, and bounded as follows, to-wit: Beginning st @ Sycamore on the bank of the creek, Fowler's and Keddick's corner; thence up the branch to a post oak, seddick's and Fowler's corner; thence North with Reddick's line to a poplar on the branch; tnence down the branch to a white oax stump, Fowler's and Greenwood's cor- ner; tsenee gown with Greenwood'’s line to s birch on the bank of the creek; thence down the creek to the beginning, containing 100 acres more or less. For further description See deed of J.ii. Fowler and wife to H.F. Fowler, recorded in Book 22 at Page 273 of tne records of Iredell County. Ze That the interest of the petitioners in said land is as follows: Mattie Fowler,as widow of H.F, Fowler, is entitled to a dower interest in said land,-and that subject to said dower interest, Cliff Fowler, Mary Lee fowler, Katie 3elle Fowler and Victor Fowler are the owners of said land in fee and are each entitled to a one-fourth undivided interest in said land; that said Mattie Fowler is 42 years of age. > 3. That Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor Fowler are infants without general or testamentéry guardian end appear in this action by and through their next friend, R. T. Weatherman, who has been duly appointed as such by this Court. 4. That there is now growing upon said lands a lot of merchantable timber trees and that the said trees have reached their full growth, and owing to that fact certain of them are dying and going to waste; that the petitioners are engaged in farming said land and have no other way of making a living for themselves, except to farm said land, and that it is desirable to clear the lands Which are now occupied by said limber trees, and that owing to these conditions, it is to the best interest of all the petitioners to sell said timber trees. Your petitioners further show to the Court that they have been offered the sum of 9300.00, cash, for said timber trees hy Hutton « Bourbonnais Company, of Hickory, North Carolina, and your petitioners, after making due inquiry regarding tne timber market, consider the o*fer of $350.00, casn, for Said timber trees a fair and reasonable price, as much or more than said timber trees will bring at a public sale or at any future private sale. Width adPORE, your petitioners pray the Court that 4 Sale of said timber trees to Hutton & Bourbonnais Co., be ordered by the Court at the price of #350.00 for said imber trees, and that a Commissioner be appointed by this Court to sell said timber trees and convey said trees, and every part thereof, to said Hutton & Bourbon- nais Company upon the payment of the purchase price afore- said and report his proceedings to the Courts WML Attorney. North Carolina f In the Superior Court | Iredell County | Before the Clerk J The undersigned respectfully shows to the Court that Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor Fowler are infants without general or testamentary guardian; that they own a certain undivided interest ina certain tract of land described as follows: Beginning at & Sycamore on the bank of the creek, Fowler's and Reddick's corner; thence up the brafich to a post oak, xXeddick's and Yowler's corner; thence North with Reddick's line to a ndeths on the brancn; tnence down the branch to a white oak: stump, Yowler's and Greenwood's cor- ner; tnence down with Greenwood's line to a birch on the bank of the creek; thence down the creek to the berinning, containing 100 acres more or less. For further description see deed of J.W. Fowler and wife to H.F. Fowler, recorded in Book 22 at rare £73 of tne records of Iredell County. That said land has upon it certain growing timber that it is desirable and to tne best interest of said in- fants that the said timbder trees be sold as said trees have reacred their full growth and some of said timber is dying, and that it is necessary that tnere be an action or spe- cial proceeding at law for that purpose; that the persons closely connected to said infants are interested in the result of said action or special proceeding and tnat tne undersigned nss for that reason been requested to apply for appointment as next friend of said infants; that the undersigned has no interest whatever, neither present or prospective, in the result of said action or special pro- ceeding, except to see that the rights of said infants are protected in the event of his apvpointment as tneir next friend. WHEREFORE, the undersigned makes application that ne be appointed as next friend of said infants in the said action or special proceeding for the sale for partition of said timber trees. This the 18th day of September, 1918. | Mtliine Witness: Upon reading the foregoing and annexed application, and after making due inquiry as to the fitness of u.T. Weatherman, applicant, to be appointed as next friend of the infants Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor Fowler, in an action or special pro- ceeding for the sale for partition of the growing timber on the lands described in the foregoing application, in which said infants have an interest, it is found by the Court to be a fact that the said applicant, k.T. Veatheman, is a reputable and disinterested citizen and a fit and suitable person to act as next friend of said infants in the said action or special proceeding for the sale for partition of said timber trees, end the said applicant, RT. Weatherman, is hereby appointed to act es next friend of the said infants, Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor Fowler, in an action or special proceeding for the sale of said timber trees for partition. This tne luth day of September, 191s. (mee C@2Z7 ( Qérk Superior Court ITrecell County. ~ I hereby accept the appointment as next friend of the infants Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor “owler. LM Mthon —- > e e t H i e North Carolina | In the Superior Court | Iredell County | Before the Clerk f In the matter of Mattie Fowler, | Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor ORDER OF SALE. Fowler, by their next friend, oxparte. This couse coming on to be heard upon the petition, and being heard, and it appearing to the satisfaction of the Court that it is to the best interest of the petitioners to sell the timber trees described in the petition; And it furtner appearing to the satisfaction of the Court that the offer of Hutton & Bourbonnais Company to pay the sum of 4300.00, cash, for said timber trees sand to ma.e said sale would be edvantageous to all the peti- tioners - It is, therefore, ordered by the Court that 4.7. Weatherman be, and he is hereby appointed a Commissioner to sell said timber trees, and every part thereof, to Eutton x Bourbonnais Company, upon the payment to him by said Company of the purchese orice, and every part thereof, and said Commissioner is hereby ordered and direct to execute a dsed conveying said timber trees to said Jutton & Bourcoonnais Company, together with the usual timber ri¢hts, to-wit: The right to go upon said lands with saw mills, teams and men for the purpose of cutting, lorging, sawing and hacking said timber trees and the product thereof, 2 said rights to extend for a period of five years from the date of said deed, with the privilege of removing the lumber or other product at will within said time, etc., end seid Commissioner will report his proceedings to tris Court within 10 days drom the date of sale. This 19th day of 9p gPt. North Carolina | In the Superior Court | Iredell County |} Before the Clerk f In the matter of Mattie Fowler, Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor REPORT OF COMMISSIONS. Fowler, by their next friend, n.T. Weatherman, sxparte. To J.A. Hartness, Clerk Suverior Court: The undersigned Commissioner, heretofore appointed by the Court in the above entitled proceeding, respect- fully reports to the Court that pursuant to the order heretofore made said Commissioner has executed and de- livered to dutton & Bourbonnais Company a deed conveying the said Company the timber trees, and every part thereof, Situated on the lands described in the petition, and said Commissioner has collected from seid Hutton & Bourbonnais Company the purcnase price of 4350.00, and said Commissioner herewith tenders and pays in to the Court said sum of 4350.00 for the petitioners. WHSXEFORE, said Commissioner prays the Court to make an order confirming said sale in all respects, and also an order governing the division and disbursement of the money to the parties to t:is oroceeding according to their re- spective interest, as stated in the petition. VINEE Commissioner. This 2cOth day of September, 191s. North Carolina | In the Superior Court | Iredell County | Before the Clerk j In the matter of Mattie Fowler, | Cliff Fowler, Mary Lee Fowler, f Katie Belle Fowler and Victor FINAL DECREE, Fowler, by their next friend, mr i.T. Weatherman, Hxparte. This cause,again coming on to be heerd, upon the receipt of x.T. Weatherman, Commissioner, and it appear- ing to the Court that said Commissioner has sold the timber trees described in the petition to Hutton & Bour- bonnais Company for the sum of $350.00, and it further eppearing that said sale was in ail respects duly and properly made, and it further appearing that the purchese price of $350.00 was a full, fair and adequate price for iJ therefore, ordered, adjudged and decreed by tne Court that said sale be, and the same is hereby in all respects retified,approved and confirmed, and it is ordered that said Commissioner pay the costs of this 0g —_—_» proceeding, same being 328° ° It is further found by the Court as a fact that the petitioner Mattie Fowler is 42 years of age; thet she is entitied to a dower interest in said money, her share being GP? under the mortuary teble ed GE ; that the petitioners Clif? Fowler, Mary Lee Fowler, Zatie Belle Fowler and Vic- tor Fowler, are entitled to the remainder of ssia money, ¥ 2e the same being yd » each. Ni kha pt pits lerk Suoerior Court. North Carolina { In the Superior Court | Iredell County { .Before the Clerk i In the matter of Mattie Fowler, { Cliff Fowler, Mary Lee Fowler, Katie Belle Fowler and Victor Fowler, by their next friend, oeT. Weatherman, Sxparte. To J.4A- Hartness, Clerk Superior Court: le W.L. Robertson respectfully shows to the Court that the minor petitioners Cliff Fowler, Mary Lee Fowler, Katie Belle Bowler and Victor Fowler are infants without general or testamentary guardian; that they have in the Clerk's office their share of the proceeds from the sale of cer- tain timber trees which were sold by R.T. Weatherman, Commissioner, in the above entitled proceeding, tne amount of each one’s share being ; 4G 0O_ ; that owing to the sméll amount of money velonging to seid infant defendants no One will qualify for them. 2. That said infants ere needy and indigent children and thet they need said money for their support and edu- cation; trat the petitioner is a solvent men and is the uncle of said infant children; that the father of said children, E y Ww is deed, and that said chil- dren live with treir widowed mother, Mattie Fowler, and live near the petitioner. your petitioner prays the court that an order be made allowing said money to be paid to petitioner for the use and benefit end education and Support of said minor children, and your petitioner promises the Court thet ne will expend said money for the education and support £ said minor children. LLL lipo: tS tLe for Wele Robertson. Upon reading the foregoing application of W.L. Robertson, and it appearing to the satisfaction of the Court that the minor children, Cliff Fowler, Mary Lee Fowler, Hatie Belle Fowler and Victor Fowler, are needy and indigent children; that no one will qualify as guar- dian for said children; that W.L. Robertson, their uncle, is a solvent and reputable citizen and near neignbor to said children; that he is a suitable person to look after their education and support - It ce therefore, ordered by the Court that tre money now in the Clerk's o fice be paid to W.L. Robertson for the use and benefit of said minor children and that the said W.L. Xobertson use said money for their support and education and report his proceedings to tne Court. Mi es Liles erk Superior Court. > This 20th day of September, 1918. $89.00Received of J.A.Partness the sum of J.A.Hartness,C.S.C the sum of Eighty “ine “ollars the same being “ettie Fowler's share of the proceeds of the sale of the tirber trees deecribed in the fore- going preceeding. Thia Oct.3,1918. Ge yy LI [tlle liar Rttorney for Yattie Fowler. Received of J.A.Hartneee the eum of #59.09 each for Cliff Fowler ,Mary Lee Fowler,Katie Bell Fowler and Victor Fowler the same being their share of the proceeds of the sale of the timber trees described in the foregoing special proceeding.This money is to be hela and experded for the support and education of saia children by W.L.Roberteon in accordance with the order of the Court in the foregoing Svecial Proc edine. This Octdéber WY _ Lib Ld lid (ddd Attérney for ¥.L.Robertson. Bill of Cost—Special Proceedings.—Printed by Brady, the Printer, Statesville, N.C. 6-12-'09-1 M cen TT North Carolina, | ™ ee eo "|| Notice of publication each name. . .... . ’ Answer of Guar. Ad Litem . Sheriff returns Report of sale... .. ... - Order of re-sale. . - Report of re-sale Order of partition . . Order of Registration Acknowledgment of Deed 3 Qcopy Sheets Motion and order of dower . . Writ of dower Application for Letters of Administration, of : 4 GFO. 0. BARNARD STA.0O.87.LOUIS aa FOR LETTERS OF ADMINISTRATION a z — In the matter of the Administration of the Estate of IREDELL COUNTY—In the Superior Court. land Fowler | te ae C.8.¢. being sworn, doth say: Administration on the estate of the said......J Clealand Fowler er, value id e fa: i at the date of this application, is sins $ 100 200. undividd nore gE "hh one Sie &oi ef ROWS eet oo and §.. Personal Property, and that the persons entitled as heirs and distributees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS John Cooper Fowler son Statesville, N C George H. Fowler son do Julia T Fowler daughter do f Sworn to and — before me, this.. 51 st , 19. 40 | souseumy Clétk Superior Court. OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, In the Superior Court—ss. Iredell County. Beis John Cooper Fowler , do solemnly swear (or affirm) That I believe that........ J Clealand Poler 0. died without leaving any last Will and ‘Testament; and that I will well and truly administer all and singular the goods and chattels, rights and credits of the said......J. Clealand Fowler uy and a true and perfect inventory thereof return, as provided by law; and that all other duties appertai ing to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability: So help me God. Subscribed and sworn to before me, this, 328t , + ttm , 2 (L.A POF A AV Agaministrator. / , Clerk Superior Court. Address “= f *J o | MO F O v é l AUTHENTICATED COPY Form A22-a 6M 9-89 VASSACHUSETTS BONDING” INSURANCE COMPANY HOME OFFICE,GOSTON, MASSACHUSETTS AUTHENTICATED COPY OF POWER OF ATTORNEY Bnow All Men By These Presents: That, MASSACHUSETTS BONDING AND INSURANCE COMPANY, a body corporate, duly incorporated under the laws of the Commonwealth of Massachusetts, and having its principal office in Boston, Mass., doth hereby constitute and appoint N. D. SCHIFF - - - in the city of Statesville County of Iredell and State of i ie to be its true and lawful Attorney in-fact in and for the : . ‘ Berth Carolina a State of North Carolina - - for the following purposes to wit :— That the said =. D, SCHIFF, individually as Attorney-in-Fact - - beand he is hereby fully authorised and empowered §=€6to execute, acknowledge, justify upon and deliver eny and all: fiduciary Bonds in Probate or Guardianship proceedings, or by any Commit- tee of incompetent persons; also bonds for Trustees or Receivers in Bank- ruptcy proceedings, or Trustees, Receivers or Commissioners appointed by State or Federal Courts, requiring the approval of any Court having juris- diction’ in the aforesaid State, not in excess of Twenty-five Thousand Dollars, (y25,000.0C), on any one bond - - - Bonds required to be filed by Plaintiffs, in any Judicial action or pro=- ceeding, brought or pending in any Court having jurisdiction in the afore- said State, not in excess of Twenty-five Hundred Dollars, ( 42500,0C), on any one bond. - - «= Bonds on behalf of Federal, State, County or Municipal Officials or their employees (except Treasurers, Cashiers, Tax Collectors, Marshals, Sheriffs, Constables or Policemen); also, on behalf of Postmasters or other Post Office Officials or employees and Notaries Public in qualifying for office, provided the penal sum of any one of said bonds is not in excess of Five Thousand Dollars, ($5,C00.CC). - - - License or Permit, including Liquor Licensg Bonds, providéd the penal sum of any one of said bonds is not in excess of Three Thousand Dollars, ($3,0C0.UC), - = = It being the intention of this Power of Attorney to fully authorize and empower the said Attorney -in-Fact to sign the name of said Company, and affix its corporate seal, as Surety, to any and all of said Bonds, and thereby to lawfully bind it as fully, to all intents and pur- poses, as if done by the duly authorized officers of said Company, with the seal of the said Company thereto affixed, and the said Company hereby ratifies and confirms all and whatsoever the said Attorncy in-Fact may lawfully do in the premises by virtue of these presenta. PROVIDED, however, that this Power of Attorney does not authorize, or empower, the said Attorney in-Fact to bind, or in any way commit the said MASSACHUSETTS BONDING AND INSURANCE COMPANY to any course or position whatever regarding adjustment of claims or complaints that may be made thereunder, or in connection with any Bond which may be executed by the said Company. The MASSACHUSETTS BONDING AND INSURANCE COMPANY doth hereby constitute and appoint ae NORM to be its Attorney for it, and in its name, and as, and for its Corporate act and deed, Be GHATD Paver of Attorney before any person having authority by the Commonwealth of Massachusetts to take such acknowledgment to the intent that the same may be duly recorded or filed. IN WITNESS WHEREOF the said MASSACHUSETTS BONDING AND INSURANCE COMPANY, pursuant to a Resolution of its Board of Directors, duly passed on the 20th day of November, A. D. 1907 (a certified copy of which appears on the reverse side hereof), has caused these presents to be sealed with its common and corporate seal, duly attested by its Vice-President and its Assistant Sec- retary, this 17th day of September A.D.19 40 MASSACHUSETTS BONDING AND INSURANCE COMPANY. Atet: 8, C. DE NORMANDIE GEO. W. BERRY CORPORATE SEAL Assistant Secretory Vice-President. CoMMONWEALTH OF MassacHUSETTS Seo. County or SurroLkr I here ify that on this 17th day of A. D. 19 before me, the subscriber, e Notary lic = the Commonwealth of Mamachusstin, residing in seRke mp Saxton in said County, AQinatty appeared R. C. DE NORMANDIE , the Attorney named in the foregoing Power of Attorney, and by virtue and in pursuance of the authority therein conferred upon him, acknowledged the said Power of Attorney to be the act of the said MASSACHUSETTS BONDING AND INSURANCE COMPANY. Witness my hand and Notarial Seal the day and year aforesaid. WILLIAM E, RUSSELL My Commission Expires___March 3], 1944, Noragia, SraL Notary Public. “7 t ‘I o | M0 4 0r v é l Be Ht Remembered; THAT at a meeting of the Board of Directors of MASSACHUSETTS BONDING AND INSURANCE COMPANY, duly called and held on the 20th day of November, A. D., 1907, a quorum being present, the following resolution was Passed : RESOLVED, that the President be, and he is hereby authorized and empowered to appoint one or more persons in the States of the Union, under an appointment sealed with the sea! of the Company, attested by the President or one of the Vice- Assistant Secretaries, to act as General Agent, or Agent, or Attorney for the Com- ry for which they are appointed, and the President shall have full power to delegate to the said General Agent, or Agents, or Attorneys, the power and rights necessary for them to possess in representing the said Company, and shall also have power to authorize said agents to sign, seal and deliver on behalf of the Company any and all bonds, recognizances, obligations, stipulations, undertakings, or anything in the nature of either of the same, allowed or required by law, municipal or otherwise, or by the rules, regulations, orders, customs, practice, or discretion of any board, body, organization, office or officers, legal, municipal or otherwise, and shall also have power to authorize said agents for or on behalf of the Company to issue, execute and deliver all Policies or contracts insuring against loss, or damage, by Burglary, Theft or Housebreaking. RESOLVED, further, that the President, or either of the Vice-Presidenta, in conjunction with the Secretary or Assistant Secretary of this Company, are hereby authorized and empowered to make, execute and deliver on behalf of this Compan ‘ y; and in its name and under its seal, any power or powers of attorney that may be required to carry out the purposes and objects of the foregoing resolutions, os nee CG. bE HORMANDIE Assistant Secretary of MASSACHUSETTS BONDING AND INSURANCE COMPANY? do here y certify that the above and foregoing is a full and correct copy of the resolution passed by the Board of Directors of the said Company, at a regular meeting duly held on the 20th day of November, A. D. 1907, a quorum being present, as it appears on _ records of the Company, now in my possession and custody as Assistant Secretary, and that the said resolution is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Company, at the City of Boston, Commonwealth of Massachusetts, this 17th day of Sept ember A. D. 19 40 R. Ce. DE NORMANDIF Aasistant Secretary. L R. C. DE NORMANDIE Assistant Secretary of the MASSACHUSETTS BONDING AND INSURANCE COMPANY, do hereby certify that the above and foregoing is a full, true and correct copy of the original power of attorney given by said Company to N. D, SCHIFF, indivicuelly as Attorney-in-Fact - - of Statesville, North carolina authorising and empowering him to sign bonds as therein set forth, and do hereby further certify that the said power of ato GIVEN under my hand and the seal of said Company, at Boston, Mass., this 17th dayot September 1940. STATE OF NORIN CAKOLING- inns Conny. + ; The torgeoine oeriifien'e of c a stant L = 6 dpc a ; snssoeghcarsesessememfemagt$S SCRINI23 10 he ial Veceésdh gtol Let the sstia nent gocher with thiggerifica e, be reaiserad. hand ond oficial sea!, this »W ") ‘f ‘a ] M o J Ov 6 l North Carolina ) In the Suverior Court, Iredell County § Before the Clerk, In the Matter of the Administration of the INVENTORY Estate of J. C. Fowler. The undersigned Administrator of J. C. Fowler, deceased, herewith returns the following as a true and correct inventory of all property coming into his hands as such Administrators 148 shares of common stock Statesville Flour ills Co, 10 shares common stock in Ramsey-Bowles Co, 3 shares of preferred stock in Ramsey-Bowles Co. 54 shares stock in Statesville Grocery Co. 10 shares Statesville Industrial Bank 50 shares of International Telephone ‘: Telegraph Co. Stock 10 shares preferred stock Crescent knitting Co. 1 share Lewisburg Ice Cream Co. Stock, Lewisburg, J. Va. Cash in Peoples Loan & Savings Bank $1727.78 Undeposited Dividend checks 346.00 Real state: Lots Nos. 31, 32, 33, 34, 35, 36, 37 and 38 in Greenwood Grove as per Jeed Book 95 page 204. Plat Book No. 1 page 117 Respectfully submitted, ‘9 f J9 ] 0 4 Or 6 l SPECIAL PROCEEDING, 10 DAY SUMMONS. IREDELL COUNTY. unmarried and John Cooper Fowler and wife, _ IN THE SUPERIOR COURT. Alice ithhite Fowler, against SUMMONS John..Cooper..Fowler,.Administrator of... J. C. Fowler THE STATE OF NORTH CAROLINA To the Sheriff of —.._........Iredell____....County—Greerincs: You are commanded to summon John Cooper Fowler, Administrator of J. C. Fowler the defendant above named, if be found within your County, to appear before the Clerk of the Superior Court for the County of Iredell, at his office in Statesville, N. C., within ten (10) days after the day of service hereof, and answer the complaint, which has been filed in the office of the said Clerk of the Su- take notice, that .. to answer said complaint within the time above specified, the plaintiff apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said Court, this.__..22nd. AZZ rt eae Tex iti : Clerk Superior Court Iredell County. BONDS FOR COSTS We acknowledge our selves bound unto shall pay to the defendant... all such costs as the defendant Witness our hands and seals, this (Seal) » being duly sworn, says that he is a resident and freeholder of County, in the State of North Carolina, and is worth the over and above all his debts and liabilities and exclusive of property exempt from execution. Subscribed and sworn to before me, this ...........day of : & 3 © E 2 oO 5 u SZ » 3 F : é 3 B % s e. by an officer. This Feb, 2G¢ , 1941. Administrator of J. C. Fowler *h o u s o n y sy n u r e y d *A y u n o d we “s u e pu a y o q ] :s j u e p u a j a p BU L M O ] ] } O F 2Y 3 JO Yy S e 2 03 yU I Z ] d u I O D 3y 3 yo Ad o d pu e s su o w u i n s ul y y M 24 3 jo Ad o d & Zu L 2 A y a p Aq —~ pa a l a g 6l “A Y U N O D [] 2 P 2 1 ] 10 ¥ yN 0 > Jo p a d n g 24 3 JO Y1 I ] D YI JO ay o ay ) OU T ‘— ~ — G ] ~ yo Se p —— — — _ ay aj q u u s n j o y Ja I T A A AO A SN O W W N A S AV d 01 ON I G A I O U d TW I O A d S to T M o y *D *f Jo “x i p y “s e T M o y Te d o o y uy o p su p S T M O T OF T OO T T Y ‘o y { H pu r Js T M o y Is d o o y uy o y pu r e se TM O T *f CT T t y pe PL T e M n “T e TM O T *] 33 . 1 0 0 5 | Fo w l e r , J. C. 19 4 0 North Carolina { In the Superior Court, Iredell County { Before the Clerk. George H. Fowler, unmarried, Julia T. Fowler, unmarried, and John Cooper Fowler and wife, Alice White Fowler, PETITION TO SELL LAND FOR DIVISION vs John Cooper Fowler, Administrator of J. C. Fowler. 9S ID S O I D I I S I O N D O O S The petitioners respectfully show to the Court: lst. That J. C. Fowler, the father of the three petitioners, George Fowler, Julia Fowler and John Cooper Fowler, died intestate in Iredell County, ovming the following described lands: Lots Nos. Thirty-one, Thirty-two, Thirty-three, Thirty-four, Thirty-five and Thirty-six, Thirty-seven and Thirty-eight, situated in States- ville Township, on plat of land formerly owned by G. E. French as shown on a map of Greenwood Grove recorded in Plat Book No. 1 at page 117, in the office of the Register of Deeds of Iredell County, and being the same property conveyed to J. C. Fowler by deed of G. E. French and wife, recorded in Deed Book 95 at page 204. 2nd. That the said land consists of unimproved, vacant building lots located in a remote edge of Park Place, without any streets or improvements, and their father for more than ten years prior to his death owned the same and paid out each year taxes on said lots until the same are worth less than the amount involved and require additional outlays for taxes each year. 3rd. That it is the desire of the petitioners to sell said lands and hold their interest in the same, or the proceeds thereof, in severalty. 4th. That the land itself, cannot be divided without injury to the parties,owing to the size and character of the lots, but a sale would be more advantageous to all parties interested. 5th. That Mr. Ira Hefner has made a bona fide offer to purchase said land for $200.00 cash for prompt acceptance, at private sale, the purchaser, in addition, to assume the 1941 taxes. 6th. That your petitioners are of the opinion that the price so offered is a fair and reasonable price for said lands and all the same would bring if offered at public auction and each of your petitioners being more than twenty-one years of age, desires to accept said offer and sell said lands at private sale. 7th. That the defendant, John Cooper Fowler, is the duly qualified and acting administrator of the estate of J. C. Fowler, deceased, late of Iredell County, North Carolina, and less than two years have elapsed since the death of his intestate; that the petitioners areinformed and believe and therefore, allege that the fotal debts and obligations outstanding against the estate of J. C. Fowler are not in excess of $5,000 and that the personal property of said estate, consisting largely of common stock in the Statesville ‘2 “f ‘w o j M m o 4 Or 6 l Flour Mills, is more than sufficient to pay all the debts and costs of administration of the estate of the said J. C. Fowler and that it will not be necessary for the said Administrator to resort to a sale of thered#l estate to make assets. WHEREFORE, your petitioners pray: lst. That the Court will order said land sold at private sale for $200.00 to Ira Hefner. 2nd. That the Court will appoint a Commissioner to make and execute a deed, conveying said lands in fee simple to the said purchaser, free of any rights or claims on the part of the Administrator of the estate of J. C. Fowler. 3rd. For such other and further relief as may be just and proper. North Carolina. Iredell County. Julia T. Fowler being duly sworn, denvoses and says; that she is one of the petitioners in the above cause; that she has read the fore- going Petition and that the same is true of her ovm knowledge, except as to those matters and things therein stated upon information and belief, and as to those, she believes it to be true. Sworn to and subscribed before me, this Feb. ay _, 1941. Notary Public 5 7. Cor. at fanee B2e.4,/74 2 ‘O f W2 I M o 4 Ov é l North Carolina | In the Superior Court, Iredell County 4 Before the Clerk. George H. Fowler, unmarried, Julia T. Fowler, and Others, vs “SOP En eergs John Cooper Fowler, Administrator of J. C. Fowler, : 3 and i each being t: sworn, deposes and says; that he is a citizen and freeholder of Iredell County; that he is acquainted with the land described in the netition; that in his opinion, the price of $200.00 cash for said land is a fair and reasonable price for the same, Severally sworn to and subscribed before me, this Feb, Z AW » 1941. Cherk—Semerte feet ; q Toy PuWon., es Cote - tt parse Mee. /54r- ‘D " f ‘Y e M o y Or é l North Carolina { In the Superior Court, Iredell County § Before the Clerk. George H. Fowler, Unmarried, Julia T. Fowler, unmarried, and John Cooper Fowler and wife, Alice White Fowler, ANSWER OF JOHN COOPER FOWLER, ADMR. vs John Cooper Fowler, Administrator of J. C. Fowler. John Cooper Fowler, Administrator of J. C. Fowler, the defendant in the above entitled action, answering the petition, says: lst. Paragraph One of the Petition is admitted. 2nd. Paragraph Two is admitted. 3rd. Paragraph Three is not denied. 4th. Paragraph Four is admitted. 5th. Paragraph Five is admitted. 6th. Paragraph Six is not denied. 7th. Paragraph Seven is admitted. The defendant further says that he has made a careful investigation of all liabilities against the estate of J. C. Fowler and that, in his opinion, all of safd liabilities at the present time, do not exceed $5,000.00; that the said Administrator has in his possession stocks belonging to said estate of the value in excess of $10,000, which have not been sold or applied to the indebtedness and that it will not be necessary for him to sell the real estate for the purpose of making assets. WHEREFORE, the said defendant joins in the prayer of the petitioners for relief in this cause and asks that the Court will make an order to sell the land described in the petition for division, free of and discharged of the claims of said Administrator. Attorneys for Defendant North Carolina. Iredell County. John Cooper Fowler, Administrator of J. C. Fowler, being duly sworn, deposes and says; that he has read the fa@regoing Answer and that the same is true of his ow knowledge, except as to those matters and things therein stated upon information and belief d as to those, he believes it to be true. Sworn to and aubscribed before me, this Feb. 9,44 » 1941. North Carolina In the Superior Court, Iredell County } Before the Clerk. George H. Fowldr, unmarried, Julia T. Fowler, unmarried, and John Cooper Fowler and wife, Alice White Fowler, ORDER OF SALE vs John Cooper Fowler, Administrator of J. C. Fowler. SS O P IP O S IO This cause coming on to be heard before the undersigned Clerk of the Superior Court on Monday, February 24th, 1941, and being heard upon the petition and affidavits, and it appearing to the Court that all the parties necessary to an adjudication of this matter are before the Court and that the defendant, John Cooper Fowler, Administrator of J. C. Fowler, has filed an answer, admitting the allegations set forth in the petition and joining in the prayer for relief and that the personal estate of J. C. Fowler is more than ample to pay all the debts, costs of adminis- tration and charges to settle the said estate and it will not be necessary for the said Administrator to sell land to make assets; And it further appearing to the Court that the lands described in the petition in this cause cannot be actually divided without injury to the parties, owing to the fact that they consist of a number of vacant lots located in an undeveloped part of Park Place in the suburbs of the City of Statesville, but that a sale would be more advantageous to all parties; that the petitioners desire to hold their interests in severalty; And it further appearing to the Court that Mr. Ira D. Hefner has made a bona fide offer to purchase said lots at private sale for $200, 00 cash, provided the same is promptly accepted and that said offer is fair and reasonable and as much or more than said lots would bring if offered at public auction and that all the petitioners, who are tenants in common, are of legal age and desire to sell the same and the Administrator of J. C. Fowler joins in the prayer for the purpose of barring said Administrator from any claim to the said land for assets; It is, therefore, now ordered, considered and adjudged that the said land mentioned in the petition be sold at private sale to Ira D. Hefner for $200.00 cash, the purchaser in addition to assume the 1941 ad valorem taxes. It is further ordered, considered and adjudged that John Cooper Fowler be, and he is hereby appointed a Commissioner of this Court and the said Commissioner is authorized and empowered, upon receipt of the purchase money, to make, execute and deliver a deed to Ira D. Hefner, convey- ing said land in fee simple, subject to the 1941 taxes. And it further appvearing that the Administrator of J. C. Fowler's estate has joined in this proceeding and relinquished any claim to the proceeds as assets; It is further ordered that the Conmissioner shall pay the costs of tis action out of the said proceeds and divide the remainder among the tenants in common, according to their we ey pl ifebp North Carolina } In the Superior Court, Iredell County | Before the Clerk. In the liatter of the ) “INAL REPORT OF JOHN COOPER rO./Lin, Administration of the ( ustate of J. ©. Fowler. t ADMINIS TRATRIX To UC. G. Smith, Clerk Superior Court of Iredell County: The undersigned .dministrator of J. CG. Fowler respectfully shows to the Court the following as a true, complete and final setilement of all transactions by him as such Administrator of said estate and represents a complete and final accounting as such administrator. RioCeIPTS 1940 Oct. 31st, Transfer of checking acct. Peoples Loan & Sav. Bank 3519207 Nove 15th, Metronolitan Life Ins. Co., Proceeds from Policies Nos. 1864297 and 1624298 568.12 Nov. 15th, Penn Mutual Life Ins. Co. Policy #513548 451.51 Nove 19th, Prudential Life Insurance Co. Policy 259.72 Nov. 22nd, Royal Arcanun Policy 1,249.96 Dec. 28th, Statesville Flour ifills, Dividend 296.00 Jec. 28th, Crescent Knitting Co., dividend 40.00 Jec. 26th, Ramsey=Bowles Co., dividend 10.00 1941 Jan. 8th, Statesville Flour Liills, Jirector's salary 100,00 Jan. 8th, Ramsey-Bowles Co., Preferred Stock Dividend 10.50 Feb, 20th, Sale of one share of Lewisburg Ice Cream Stock 90.00 Mar. 3th, Ira Hefner, sale of vark Place Lots as per court order 175,00 Mar. 17th, de E. Selby, sale of 10 shares Statesville Industrial Bank Stock 385.00 April lst, Statesville Flour lills, dividend 222.90 July lst, Dividend Statesville Flour iills Co. 222.00 July lst, Jividend Crescent Knitting Co., Preferred Stock 40.00 July lst, Ramsey=-Bowles Co., dividend on Preferred Stock 10.50 July lst, Estate of Mrs. J. C. Fowler, iamsey dividend 31.50 Oct. lst, Statesville Flour lills ~ividend 222.00 Oct. 8th, Denosited by Jonn Cooper Yowler for overdraft 1.00 Oct. 31st, ieo. H. Fowler, advanced personally to settle the estate and avoid sale of personal property 242.03 Oct. 31st, John Cooper Fowler, advanced pers@nally to settle the estate and avoid sale of versonal property 242.03 Oct. 31st, Julia T. Fowler, advanced personally to settle the estate and avoid sale of personal property 242.02 35,659.96 Total ieceipts Credited by the following general disbursements: 1940 Oct. 31st, Ramsey=Bowles Vo. account 33.09 Oct. 31st, lirs. Foster, nursing account 16.00 Nove 2nd Statesville Paint Co., account 12.23 Nove 2nd, Frank Neill, Royal Arcanum premiun 5.08 Nove 5th, Holland Brose, account 17.00 Nove 5th, Statesville Jrug Co., account 31.13 Nove 5th, Cowan's Grocery Store, account 85.53 Nov. 6th, Julia Fowler, refund of ins. premiums paid 61.05 liov. 12th, John 2. Morrison, milk bill 31.94 Nov. 12th, S. Wallace Hoffman, Professional services 9.00 Nove 12th, R. C. Bryson, Agt., Hospital Ins. 2-00 Nov. 12th, The Gas Company, gas bill 6.78 ‘O D ‘f ‘] M 0 4 Or é l City of Statesville, lights & water $18.22 ie H. Morrison, newspaper account 1.00 Iredell County Tax Collector, 1940 Sharpe St. tax87.84 " " " " Outside taxes 6.03 " " " " Bal. 1939 taxes 26.29 “icholson Funeral Home, funeral exmenses 417.81 J. F. Carlton, Agent. FIre Insurance 17.90 Merchants & Farmers Bank, int. to renew note 7.50 lir. Mohler, repair bill 1.75 Peoples Loan & Sav. Sank, int. to renew note 6.00 Home Building & Loan Asso. arrears in dues &.80 Lazenby-i‘ontgomery Hdwe. Co. account 2674 Statesville Grocery Co. account 16.35 Brady Frinting Co. account 6.68 Southern Bell Telenhone Co. account 13.01 Jr. i. S. Meslwee, Professional services 301.00 lierchants ¢ Farmers Bank, paid on note dis- counted by J. F. Carlton, Agent 97.03 City of Statesville, 1940 taxes 7538 NN. D. Schiff, prem. on Admr. Bond 103.75 W. L. Brierly, Receiver First National Sank, in settlement of stock assessment & other liabilities due lst iat'l Bank 1,100.00 Statesville Flour ills, payment on note of J. C. Fowler 750.00 vourt Superior Court, costs of »roceedins to sell Park Place lots 22435 Ae Js Maxwell, Comr. of Rev. Inheritance Tax 148.56 Peoples Loan & Sav. Bank, payment on note 201.00 jtatesville Realty & Inv. Co., premiums on Admr. Bonds iirs. J. ©. Fovler ist. and Mrs. J. A. Cooper listate Statesville Flour iiills, payment on note Jno. C. Fowler, refund of money advanced for sodding grave and court fees Statdsville Flour liills, payment on note Peonles Loan .: Savings Bank, on note Jno. C. fowler, Admx. expense for estate i.erchants & Farmers Bank, interest on note Statesville Flour liills, payment on note Jno. C. Fowler, jdmx. expense " " " " " Statesville Flour lills, payment on note Statesville Flour igjlls, in full of note and interest P. Le Jalden, labor account Statesville Daily, notice to creditors Scott & Collier, Attorneys, legal services to Admr. in this estate and estates of lirs. Mattiebec Cooper Fowler and Mrs. J. A. Cooper ve G Smith, C. S. C., costs of appointment ~3e853 inventory 75¢; proceeding to sell Ind. Bank Stock $1.35 5.95 C. G Smith, C. S. C, costs final settlement 16.35 \dvanced to Julia T. Fowler against her share in the estate 150.00 x ‘ 83 8 Wa e BR 5 “I r n e o8 8 8 5 8 8 s s 88 s Total General Disbursements 35 659.96 The following personal property belonging to the estate was divided in kind by mutual agreement of the three heirs who are each of legal age and whose receipt is hereto attached, and the certificates re-issued in accordance with said division: ‘ D ‘f WO ] M o Y 0r é l *? ) ‘f ‘J e [ M o F Ov é l 148 shares of Common Stock Statesville Flour lills Company 10 shares Common Stock Ramsey-Bowles Gompany 3 shares Preferred Stock uamsey=Bowles Comnany 54 shares Common Stock Statesville Grocery Company 10 shares Preferred Stock Crescent Knitting Co. 50 shares International Telephone and Telegranh Stock Common Stock We, the undersigned being each and ali of the heirs-at-law of the estate of J. C. Fowler, deceased, do hereby acknowledze satisfactory mutual division of the forezoing personal property and do acknowledge receipt and delivery to us of our portion thereof and do hereby release and forever acquit John Cooper Fowler, Administrator of said estate from any further responsibility therefor, hereby affirming all that has been done by the said John Cooper Fowler as Administrator of the estate of J. C. Fowler, as well as uis final settlements as Administrator, D. B. Ne, C. T. Ae of the estate of lrs.e Mattiebec Cooper Fowler and Administrator D, B. N. of Mrs. Julia Cooper, both of which estates were unsettled at the date of J. C. Fovler's death and which were completed by the said John Cooper Yowler, who was appointed for that purpose. this October 3lst, 1931. /C. Fowler, Deceased Sworn to and subscribed before m tais BL — day of Gy fy Clerk Superior Court The foregoing final settlement of John Cooper Fowler, Admr. of Je ©. Fowler, is audited, anvroved and ordered recorded and he and his bondsmen are discharged from further accounting and responsibility insofar as the Court is authorized and empowered to discharge them. This SH day of , , 1942. - xd Gems Clerk Superior Court 7 ety f-* Pe Ss” lta Application for Letters of Administration. | } j GPO. D. BARNARD 8TA.00.87. LOUIS if wenttar a ous cn APPLICATION FOR LETTERS OF ADMINISTRATION In the matter of the Administration of the Estate of IREDELL COUNTY—In the Superior Court. John Cleland Fowler a EEF I init nineties Cc. S.C. being sworn, doth say: late of said County, is dead, having died on .» Without leaving any Will and Testament, and that is the proper person entitled to Letters of Administration on the estate of the said... JOHn.. Cleland FPOwLers. Ge Dele mmm Further, That the value of said estate, so far as can be ascertained at the date of this application, is. epouts: ‘a Real Estate, and $....300¢00 Personal Property, and that the persons entitled as heirs and distributees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS John Cooper Fowler son Statesville, N C George H Fowler son ° Julia T Fowler daughter . Sworn to and subscribed before me, this lyth , ClerleSuperior Court. OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, In the Superior Court—ss. Iredell County. Tycoon J Ohm... Cooper. Fowler... , do solemnly swear (or affirm) That I believe that... ........ Sohn. Cleland..Fowler Leech gel lh leaving any last Will and Testament; and that I will well and truly administer all and singular the goods and chattels, rights and credits of the said........... John. Cleland..Fowler,. deems. , and a true and perfect inventory thereof return, as provided by law; and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability: So help , Subscribed and sworn to before me, this. 1th _. inistrator. ” mas. ak eS. , Clerk Superior Court. Address, State sville, Bs v NORTH CAROLINA IN THE SWPERIOR COURT IREDELL COUNTY BEFORE THE CLERK IN THE MATTER OF J Cooper Fowler Name of representative SERIE Admr. d.o.n. FINAL REPORT Official capacity John Cleland Fowler Name of deceased To C. G. Smith, Clerk Superior Court, Iredell County: J Copper Fowler of the estate of J Cleland Fowlep respectfully returns and shows, upon oath, the following as a full, just, true and perfect (aypeek (final) account for settlement of his transactions as such representative. No moneys were received fy me in the administration of this estate. The purpose of the administration was to transfer certain stock that was not transferred in the former adhinistration. All claims against the estate were paid in the first administration. Saber nistrator Sworn to and subscribed before me, this the 12th day of April, 19). ie 3} ° = § = O O r 6 l “A So w e r s “I 9 j M o 0 4 8r 6 l ZV 7 © @ ; - ‘ APPLICATION FOR LETTERS TESTAMENTARY—Printed and for sale by Brady Printing Co,, Statesville, N. C. APPLICATION FOR LETTERS TESTAMENTARY IREDELL COUNTY :—In tHe Superior Court. \ Before.....22€0911 | Cc. 8. ©: | In THE MarrTerR OF THE WILL OF J AMGe.. Whs....LOWLER John WwW. “owler being duly sworn, doth say : THAMES... sh gnc QW SE late of said County, is dead, having died on the 15th day of... 2eptember , 19.48, having first made and published......2i5 last Will and Testa- John We owler ment and that is the executor named therein. Further, That the property of the said........sLQMG@&n.....ide a QWLEr consisting of Real Estate $...1006... and Personal Property gf 952094 so far as can be ascertained at the date of this ap- plication ; and that NAME AGE (If Minor) RELATION 45 EastaADDRESSt , Everette E. Fowler son Winslow Hotel, New York City John Ww. Fowler - Statesville, N. C. Mrs. Pearl F. Daniel daughter Mocksville, N. Ce Miss Bessie Fowler - Statesville, N. C. Je E. Fowler son Long Island, N. Ye Miss Hattie Fowler daughter Statesville, N. C. are the parties entitled under said Will to the said property. - ie Sworn to and subscribed before me this ..... ’ ( bl’ we : ExecutQm......... of 83 ber CO. Box 607 Deputy clerk Superior Court. Address..stateSville, Me Cy, * OATH OF EXECUTOR STATE OF NORTH CAROLINA seam PRAGA De we County I, John ie Fowler do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of LaMeS.__:/2. FOwLer that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall ex- tend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge apeording to law, to the best of my skill and ability. So help me God. Subscribed and sworn to before Me thiseememnS OUP b mann \ SS.—In the Superior Court. NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E IN H E R I T A N C E TA X DI V I S I O N RA L E I G H , N . C . RE P O R T OF CL E R K OF SU P E R I O R CO U R T * 7; ; d NA M E OF SP A T E ft a ee , <- t i ad NA M E oF RE P R E S E N T A T I V E . _ _ . 2 20 2 0 / 2 4 ut e -- _ 27 7 ec k Sp h e r e AD O R E D B S2 8 eg g <p hy NA M E OF AT T O R N E Y NO T E : Se c t i o n 20 of Ar t i c l e on e of th e Re v e n u e Ac t re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c - ut o r wh i c h wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e fa i l u r e to fi l e th e s e re p o r t s . PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T - ; o a7 NA M E AG E | RE L A T I O N S H I P Ba n k de p o s i t s . _ _ _ < . 9 = + 4 i (N A M E OF BA N K ) Fe a (N A M E OF BA N K ) St o c k s an d Bo n d s ow n e d _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ nn w* Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ n nn In t e r e s t ow n e d in an y bu s i n e s s _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ In s u r a n c e pa y a b l e to Es t a t e _ _ . . . . . . . . . _ . . . _ _ _ _ _ _ In s u r a n c e pa y a b l e to be n e f i c i a r i e s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PP Rr er FP bt S Mi s c e l l a n e o u s pr o p e r t y - io Re a l Es t a t e ow n e d an d lo c a t e d in N. C. _ _ _ . _ _ _ _ _ _ _ _ $ bas ° La t e e f ne e m J TO T A L AP P R O X I M A T E VA L U E OF AL L Pr o p e r t i e s _ _ $ _ _ _ . _ . _ _ _ ’ _ / 7. & CE R T I F I C A T E OF CL E R K Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in DO NO T US E TH I S SP A C E th e mo n t h of . . “a g e n Da t e et 19 4 : oe IM P O R T A N T : Cl e r k of Co u r t Pl e a s e in d i c a t e wh e t h e r a Ad m i n i s t r a t i o n ( ) Da t e of de a t h _ é 19 4 Ex e c u t o r s h i p (* ’ ) Fo w l e r , Ja m e s W. 19 4 8 “M So w e r s ‘1 2 1 M 0 , 7 8r 6 1 North varolina Iredell County I, J. W. Fowler, do make and declare this to be my last Will and Testament, hereby revoking any and all other wills heretofore made by me. Item 1. I give, devise ana bequeath unto my beloved wife, Della 0. Fowler, all off my property, both rgal and personal, to be herssfor and during the term of her natural life. It is my desire that during the term of the life of my wife, Della 0. Fowler, she shall have the right to the use of said personal property and shall not have to account to any of my children for any disposition she might make of said personal property. Item 2. Upon the death of my wife, it &s my desire to give to my daughter, Bessie Fowler, the sum of ONE THOUSAND ($1,000.00) DOLLARS to be paid to her out oi the personal property, if there is enough personal property to pay this bequest. If not, to be paid from the sale of my real estate. It being understood that the personal property is not to be interfered with during the life of my wife. Item 3. It is my desire that if my wife is farming my lands at the time of her death, that John Ww. Fowler be permitted to use all personal property necessary to complete the farming operations for the balgnce of the farm year. Item 4. Upon the death of myself and my wife and after the bequest heretofore made to my daughter has been complied with, I give devise and bequeath unto all of my children all of my property, both real and personal, to be equally divided among them, the child or children of any deceased child to represent the ancestor and take his or her share per stirpes. Item 5. I hereby constitute and appoint my son, John W. Fowler, #xecutor of this my last Will and Testament to execute the same and every part thereof, according to its true intent and meaning. "M So u l e s ‘I a [ M o J 8r 6 l IN WITNESS WHEREOF, I, the said J. W. Fowler, do hereunto set my hand and seal, this July 3rd, 1941. J. W. Fowler (SEAL) Signed, sealed, published ana declared by the said J, W. Fowler to be his last Will ana Testament in the presenee of us, who at his request and in his presence and in the presence of each other, do hereto subscribe our names as witnesses. R. A. Collier SS aes John A. Scott QD et : North Carolina | In the Superior Court, Iredell County | Before the Clerk, "M So u l e r “I 3 ] M 0 5 in the Matter of the Administration of the INVENTO RY Estate of J. W. Fowler, 8r 6 I To the Honorable C, G. Smith, Clerk Superior Court: The undersigned Administrator of the estate of J. W. Fowler, deceased, herewith reports the following as a true and correct account of all Property coming into his hands belonging to said estate, to-wit: Checking Account in Merchants & Farmers Bank $453.45 Merchants and Farmers Bank, Savings Account 4,599.49 United States Savings "E" Bonds, maturity value 3,900.00 Respectfully submitted, Y LY ew: Administrator of J. W. Fowler Sworn to and subser bed before me, this Jan, 4th, 1949, “M So u l e r ‘I a ] M 0 , 4 8r 6 l © } North Carolina In the Superior Court Iredell County : Before the Clerk In the Matter of the administration : FINAL SETTLEMENT of the Estate of James Vi, Fowler : John W. Fowler, Executor of the estate of James W. Fowler, herewith files this aecount of his receipts and disbursements as a complete and final settlement of the estate: RECEIPTS Merchants & Farmers Bank - checking acct. & 453.45 Merchants & Farmers Bank — savings account 4599.49 Interest on savings account 8.41 U. S. Bonds - cash value 4000.00 Total receipts 9111.35 ; DISBURSEMENTS Intangible Tax C. Ge Smith, fees Statesville Daily Record, creditor's notice Southern Bell Telephone Co- acct. Long's Hospital, medical bill and nurses Nicholson Funeral Home, funeral expenses Johnson Marble & Granite ‘/orks Sloan's - burial clothes irs. Henry Henkel, nurse Mrs. Nellie Rhodes, nurse State of N. C., inheritance tax Scott & Collier, atty. fees. Total disbursements After paying all debts and making no charges for services your executor has on hand for dividing $8183.55 among children as follows: Bessie Fowler - special becuest $1000.00 Bessie Fowler, daughter 1197.26 John Fowler = son 1197.25 Everett E. Fowler- son 1197.26 Edward Fowler - son 1197.26 Hettie Fowler = daughter 1197.26 Pearl Daniels - daughter 1197.26 Total distributed vE183.55 ‘M So u l e r “I a ] M 0 , 7 8r 6 l All of which is herewith submitted as a final and complete settlement and asked to be approved and the executor discharged. Respectfully submitted. Lxecuto Sworn and subscribed before me, this Pp Vv ofActorer, 1949. Clerk Superior Court Audited, approved and ordered filed, this the 3rd day of Bepober, 1949, 4G, le ae Superior €ourt APPLICATION FOR LETTERS OF ADMINISTRATION nyPrinted and for Sale at the Mascot Job Office, Statesville, N.C. APPLICATION FOR LETTERS OF ADMINISTRATION. COUNT Y.--\n the Superlor €eurl. Vine. oy ee 4 a person entitled to Further, That the value of said estate so far as can be ascertained at the date of this appli- cation, is about gtd é : ave entitled as Rairs tred-etstrrtotees ere: > sybscribed before me tits. J fl - day) Clerk Superior Court. . si ow z eee = CATILT CF ADWIWISTRATORN, NORTH CAROLINS, | » SSi--/n the Superior Court: wry ds . do solemnly swear (cr affirm) LGAUAA.. MBit le GME OO - died uddleent leaving any last Will and Testament; andl that [will well and tryly administer all and singular the Goods and Chattels, Right and Credits of the said-- Ricaery ef: and a true and perfect inventory thereof return as provided by lat; and that all other duties appertaining to the charge reposed in ime, I will faithfully ard hones'ly perform with the best of my skill and ability: Sp help me God. /b, fei cen. lia das | before me this ‘ poe LQG £7 Beg £2. Virtey 2 a pois if ih <> Z “ age ae Ay av . tr fb oe ik aie ee rf Dio 7 any Lt< CLOT a“ Ba BAe - ‘ai CL Aca | ” PA Co wR4L_ A o Le C<4 9 oo ee a9 Ped Kf Me [7 Lt? ®t ee ah r _ ™ a [Bre an ee use < Mee Ce a e~-ser «2F Co afl 4 * tas - 9 4 rr au nah Maco Mobiyiccs 99 GuwKier Jf = oe sale ties A rf. Zt DS ig 2) oOo an Gots + gehen o>» o- ME ise aia eee Let. Lak an g WR AF 8 Le for. Bue. Foor? yf ( U A, St. Partertlae® (0 ee a i Ao ch u t e it t O- we r ts k 4A ee Ja d o o g se q o j e y ‘1 9 [ M 0 4 a i i na 97 6 1 Application for Letters of Administration.—Printed and for Sale by Link-Pickens Publishing Co., Statesville, N. C. APPLICATION FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED ican capil Wha eis ts MM So i 8 ag OS COUNTY.—In the Superior Court. In the matter of the Administration of the Estate of attiehec Cooper Fowler... with Will Annexed 5 Before. van ha. HALIDES 8 C. 8. C. spacer be to J.Clea@land Fowler oo eeeeeeey being sworn, doth say: That wttieboo-Conpe pore Deda eS ee ate late of said County, is dead, having made a last Will and Testament, and that......c.UJ6@land *owler oo is the proper person entitled to Letters of Administration on the estate of the said... Mattiehec Cooper Fowler oo with the will annexed. FURTHER, That the value of said estate, so far as can be ascertained at the date of this ee is about $............... 22.),000.00..... venveneeee-e and that J.C F a sf per! i oalealiel ....192.6.... C ce. -- connie Aer (Vs. Chitty Cok Superior Court. OATH OF ADMINISTRATOR SS.—In the Superior Court. a as County. ee Je-Claland. Zowler.. coves aeenneveneacenenasneseiressneeeveees-sessee-eeeeeveeey GO solemnly swear (or affirm) That I believe that..._uattishec Cooner Powler. see pox died leaving a last Will and Testament; and that I will well and truly administer all pry deauler he Goods a Chattels, ‘Rights and Credits of the said ie eee lattieabac.Coaa Fowler ...., with the Will annexed and a true and perfect inventory thereof return as provided by law, and that all other duties appertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. Subscribed and sworn to before me this...._.... ee a of... JiIovembar. sw 192.6. re e o r i e d in vo o k fo ON Po r e Me l a s m a cc u r d s «f sa i d Co u n t y Fo w l e r , Ma t t i e b e c Co o p e r 19 2 6 Ja d o o g so q o i e y ] “1 0 [ M 0 J 97 6 1 J Lo. | 2th of KC Souter Caled ct A otthe . m ¢ > | SOLU Cu (hy E Le fa Ath HL id oe g er CU et al Kerk’ ; OA, OA_é eed CLR oh Matar ute] A @ I a -—y ‘ ey [/o2 2G Lar ié Khost be ao 3 bs dee fis, SI vive 7 F 7 | - Eph “4 4 [Vv 7° 7 ro Lee i & oe f ! 1 #97? \ it” ty eee rete a> ay a » ff —¢ i i ; as | f ; | vobe| Ahiy cise Aik - ‘ rrre0! lof 2 Veleoe ? , 7 ; ' 2 = } a a ” , UV vtee | M7hE /-EWE -_ i ; ’ ’ 2 CC? iS} C1 a es 2 VTee < o So oy) SUN / Vee 7 OQ d o Pelee | wed 78H \&Q : v Y “7 | ykhg i See ‘ 7 7 7 See or C | is '& f O08 4 o an | | Ot ? Shes {Y (Chi a Y i Aer |_| kblanee bra ms MhdiiMek Ch: At fatlecer “f é Z Lifthecwdic’ Matt AML BthlCeo co Nectar CH theo ne Gre Ctat, (Le Y VY C0 .00e ” | che: Maltin Mh the. / Soc 00 ” trot laterat VAS So ee ee Bie d A titlite Kitt +400 -e6 hits C. Ce Hoc .oc 4 UU De / See.ce No laovea Tew @ lan On 1H E14, hore Wi Towtin LA / 22, 4 6 SS ath eR iS IS i ~— aS Fo w l e r , Ma t t i e b e c Co o p e r 19 2 6 Ja d o o , se q o m e y ] ‘1 0 [ M 0 4 97 6 I Page 12g - Oh i] ERA enddnwna, jee FOR LETTERS-@F icici C. T. Ay D. BE NL Iredell County 3 In the Superior Court In the Matter of the Will of t Before C. G. Smith, C. S. ¢, Mrs. Mattiebec Cooper Fowler. I John Cooper Fowler being duly sworn, doth say; ist. That Mrs. Mattiebec Cooper, wler, late of said county, is dead, having died on the 27 day of ok , 1926 , after having first made and published her last {Vill and Testament. 2nd. That J. Clealand Fowler ,duly qualified as Administrator, C. T. A. of the said Mrs. Mattiebec Cooper Fowler on Nov. 1, 1926, and gave bond as such Administrator, C. T. A. 3rd. That thereafter, to-wit; on Oct. - Fowler, Administrator, C. T, A., died without having f ompleted the administration of said estate and that the petitioner, John Cooper Fowler,is the duly avpointed, qualified and acting Administrator of the said J. C. Fowler, deceased, Administrator, C. T. A. of Mattiebec Cooper Fowler. 4th. That from the best information obtainable, the value of said estate of the said Mattiebec Cooper Fowler is & _—_ and that John Cooper Fowler, Julia Fowler and Geo. H. Fowler are the parties entitled under the said will to the said property. Clerk Stiéerior Court e e oe e = * e e a e ® e 2 o e a eo * & e e eo e e eo e o e ee * e a e e e e e e eo e @ OATH OF ADMINISTRATOR, C. T. A., D. B. N. State of North Carolina. t Iredell County. t In the Superior Court, I, John Cooper Fowler, do solemnly swear that I believe that Mrs. Mattiebec Cooper Fowler died leaving a last Will and Testament; that I will well and truly administer all and Singular the zoods and chattels, rights and credits of the said hirs. Mattiebec Cooper Fowler and &s provided by law, and that all other duties a pertaining to the charge reposed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God, Sworn to and this } Ja d o o g se q o m e y ] ‘1 2 [ M 0 . J 97 6 1 North Carolina { In the Superior Court, Iredell County § Before the Clerk. In the Matter of the Administration of the INVENTORY OF ADMR. C. T, A., D. B. Ne Estate of Mrs. Mattiebec Cooper Fowler. The undersigned Administrator, C. T. A., D. B. N. of lirs. Mattiebec Cooper Fowler, herewith returns upon oath the following as 4 true and correct inventory of all property belonging to said estate that has come into his hands as such Admimistrator, C. T. A., De. Be Ne: 88 shares common stock Statesville Flour Mills Co, 4 shares stock in Merchants and Farmers Bank 55 shares of stock in Statésville Grocery Co. 4 shares common stock in Ramsey-Bowles Co. 9 shares of Preferred Stock in Ramsey=Bowles Co. Cash in Bank $11.50 Jividend checks 176.00 wespectfully submitted, Admr. Cc. Té Acs D. B. N. of Lirs. Mattiebec Cooper Fowler Sworn to and subscribed before me, this Z Clerk Superior Court Ja d o o , so q o m e y y ‘1 9 , M0 . J 97 2 6 1 North Carolina ) In the Superior Court, Iredell County | Before C. WG. Smith, Clerk. In the Matter of the Administration of the FINAL SETTLEMENT OF JOHN COOPER FOWLER, Estate of Lirs. Mattiebec Cooper (Kirs. J. C.) Fowler, ADMINISTRATOR, C. T. A., D. B. N. Deceased. To C. G. Smith, Clerk Superior Court of Iredell County: The undersigned respectfully shows to the Court: ist. That his mother, lirs. Mattiebec Cooper Fowler, died in Iredell County, leaving a last jill and Testament and that her husband and the father of your Administrator, cualified as Executor under the said last vill and Testament end entered upon the administration of said estate. and. That the administration of the same was not completed prior to the death of the axecutor named therein, to-wit; J. C. Fowler, who died on or about Oct. 28th, 1940; that after the death of J. C. Fowler, Executor as aforesaid, upon proper application, John Cooper Fowler was appointed Administrator, C. T. A., D. B. N. in order to complete the administration of his mother's estate and herewith files his final report and attaches herewith and asks to be made a part thereof, a statement of receipts and disbursements by the deceased xxecutor as taken from his ledger prior to the time of his death, which your Administrator D. B. N. asks shall be taken as a part of his final settlement as fully as if incorporated in the body thereof. The transactions actually handled by the Administrator, C. T.A., D. B.N. are as follows: RECEIPTS 1940 Dec. 9th, Transfer of checking acct. in the Peoples Loan and Savings Bank $128.00 Dec. 28th, Statesville Flour lills, dividend on 8& shares Common Stock 176.00 1941 Jan. 28th, Ramsey-Bowles, Co., Dividend on Preferred Stock 43250 Mar. lst, Sale to F. B. Bunch of 4 shares of stock in the Merchants & Farmers Bank @ 3330.00 520.00 Apr. lst, Statesville Flour liills, Dividend on Common Stock 132.00 July lst, Statesville Flour lills Co. " " " " 132.00 July lst, Ramsey-Bowles Co., Div. on Preferred Stock 31.50 Oct. lst, Statesville Flour Lills, Dividend on Common Stock 132.00 Nov. 18th, John Cooper Fowler, advanced personally to settle the estate and avoid sale of personal property 5.12 Nov. 18th, Geo. H. Fowler, advanced personally to settle the estate and avoid sale of »ersonal property 5.13 lov. 1€th, Julia T. Fowler, advanced personally to settle the estate 5.12 Total Receipts 31, 310.37 Credited by the following general disbursements: 1940 Jec. 13th, iLerchants & rarmers Bank,noteof Statesville Realty & Inv. Co., representing ins. premiums, 1941 discounted $116.50 Jan. lst, Statesville Flour l.ills Co., paid on note 125.00 Feb. 5th, uerchants & Farmers Bank, paid on yote 55.00 Feb. 10th, c.G. Smith, ©. S. C. costs procecding to sell ier. & Farmers Sank Stock 1.65 “erchants & Farmers Bank, paid on note $500.00 Statesville Flour Mills, paid on note 140.00 “erchants ¢é: Farmers sank, $50.00 on prin. and $1.00 on int. note 51.00 vohn Cooper Fowler, Admr. expense for est. 10.00 Merchants & Farmers Bank, on note 133.00 Statesville Flour llills, on note 132.00 Statesville Jaily, notice to creditors 250 C. G.Smith, C. S. C., costs of appoint- ment and inventory 460 tamsey-Bowles dividend transferred to J. C. Fowler's estate 31.50 C. G. Smith, C. S. C., costs final report 7262 Ja d o o g se q o m e y y ‘1 2 0 [ M 0 . J 97 6 1 Total General Disbursements $1,310, 37 In addition to the Joregoing, the estate ows the following stocks, viz: S€ shares Common Stock Statesville Flour Lills Co. par val. 58s0o 9 shares Preferred Stock Rams ey=B3owles par value 900 4 shares Common Stock Ramsey=-Bowles Co, " " 4,00 55 shares Common Stoel: Statesville urocery Co. 5500 Under the last will and testament of Mrs. Mattiebee Cooper Fowler, at the death of her husband, J. C. Fowler, this stock has been equally divided by asfeement between the three children, John Cooper Fowler, Geo. B. Fovler and Julia “. Fowler and transferred accordingly, they being all of legal age, The residence on Kast Sharpe Street was left to Julia T. Fowler and has been placed in her possession. de, the undersigned, each being of legal age, do hereby acknow- ledge the receipt and delivery to us of our part of the foregoing personal property delivered by John Cooper ‘owler, Admr. C. T, Ae, D. B. Ne. and we do each severally hereby ratify, approve and confirm the forezoing final settlement and all transactions in connection with the administration of said estate, made either by J. C. Fowler, the deceased “xecutor, orior to his death, or the Admr. D. B. Ne, C. T. A. and do mutually acquit the said Administrator, ). 3. lie, the estate of J. C. Fowler and each other from all claims and demands of whatever nature and kind growing out of the settlement of the estate of our mother, lirs. lMattiebec Cponer Fowler, Jitness our hands and seals, this Oct. t- » 1941. All of which is re it / Administrato¥, C. T Ae, D. B. N. Sworn to and subscribed befo? ‘me, a this Nov 7 an 1341. = ae ’ ie ; 4 J Y, 8. cs. \udited, approved and ordered recorded and it is ordered that the Admr. C. T. A., D. B. N. and his bondsmen be disgharg from further lia- bility as far as the Court has power to Ye &Y th : WXHIBIT "4" TO BE ATTACHED AND MADE A PART OF THE SETTLEMENT oF JOHN COOPER FOWLER, AMDR. C. 7, Ae, D. B. N. OF urs MATTIEBEC COOPER FOWLER (MRS. J, C.) The following is a list ot receipts and disbursements taken from the accounts of J. ¢, Foviler, deceased axecutor: RaCwIPTS Ja d o o , sa q o m e y y “1 2 [ M 0 5 11/13/26 Transfer checking account 3299, 32 1/1/27 “irst National Bank, dividend 33.00 1/1/27 Statesville Grocery Co, 1 82.50 1/1/27 amsey=Sowles Co, " 52.50 1/1/27 Statesville Flour idlls 176.00 1/1/27 Statesville Cotton l4i1s 1 37.50 1/1/27 Merchants « Farmers Bank 12.00 1/15/27 Statesville Flour iills 10¢ dividend 440.00 2/8/27 iamsey=Bowles Uo. Dividend 20.00 4/1/27 Statesville Flour «ills, Jividend 132.00 4/1/27 Statesville Grocery Co, " 82.50 4/1/27 Statesville Cotton Mills n 37.50 7/1/27 Statesville Flour jilis " 222.00 7/1/27 vtatesville Cotton hills " 37.50 7/1/27 virst National Bank 33.00 7/1/27 Werchants & Farmers Bank 12.00 7/1/27 kamsey-Bowles Co, 52.50 7/9/27 Statesville Grocery Co, 82.50 10/1/27 statesville Grocery Uo, 82.50 10/1/27 Statesville Flour lilis 176.00 10/1/27 Statesville Cotton lills 37.50 9/12/27 Suilding and Loan Stock 519.27 fotal ieceipts 92651.59 YISBURS TiLNTS 97 6 I J. F, Varlton, agent, Sond premiun 70.00 Je U. Fowler, refund probating will 5250 Statesville /rug Co. account 7025 Statesville Jaily, notice to creditors 2.50 J. i.Hill, Treas, Presby. Church 50.00 Statesville sealty © Inv. Co. 19.00 Hollins College 400.00 N. C. State Colleze 100.00 Fe Ae Sherrill, First prs, Church 50.00 Jno. L. Lilholland, Taxes 10.06 ie Je Maxwell, Inheritance Taxes 320.13 Total Disbursements » 1034.44 In addition to the above payment of debts, the books show that the remainder of $1617.15 was paid out for the education, collesce tuition and exnenses of the beneficiaries, vohn Cooper fowler, Geo. H, Fowler and Julia T. Fowler, and the general expenses of the household, oS Ae, 0. B. Ne of brs, Mattiebec Cooper Fowler "I ° = o . Z = IZ 6 l A pplication for Letters Testamentary.«>=Printed and for sale by Brady Printing Co., Statesville, N. C. APPLICATION FOR LETTERS TESTAMENTARY i eemmeeeeeeeneeeneeeneememenaenemmmemememmenreeeeeeneameeamcenaamameneene Iredell COUNTY:---In the Superior Court. In the matter of the Will of W. Fowler vos. Mt48....... last Will and Testament: and that is the executor named therein. Further, That the property of the said. N..W. Fowler epcbibien pissin sc NU Ua. OUI SOUT: I ii ss res) .....80 far as can be ascertained at the date of this application; and that Louise Clerk Superior Court. OATH OF EXECUTOR STATE OF NORTH CAROLINA, > SS.---In the Superior Conrt. Aredell...... .... County. We 2 Dorman Thompson and R.T.YWeatherman do solemnly swear that I believe this paper writing to wen contain the last Will and Testament of N..W. Fowler... paces that T Will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall extend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. sara Subscribed and sworn to before me this #2. ) day of Mey 2-64444..........1922..... j 14 3 1 0 fa n a n g iL L oe r a G iP ry ) pe ya a y g / Q ry PU P T L T L Ty r Am a pr e s jo on t or g “J O B we ; — Uy Re p r e c e r pu s o OV 01 Uo wu y o I e ) WU O N Jo ey u I g ‘f f e p o y JO £y u n 0 D 09 3 10 } JA R O ) IM Le d n g oq ) JO 44 2 1 9 24 3 Jo so y s o 04 3 UT po n g jF 7 Fo w l e r , N. W. 19 2 1 Application for Letters of Administration.—Printed and for Sale by Brady Printing Co., Statesville, N. C. APPLICATION FOR LETTERS OF ADMINISTRATION. COUNTY.—In the Superior Court. s=eC_ S.C. , being sworn, doth say: late of said County, is dead, withemt leaving Will and Testament, and t ne is the proper person entitled to Letters of a,A ads he gore » inistration on thé/estate of the said__ "TI ° = § Zz = 1z 6 l OATH OF ADMINISTRATOR » $S.—In the Superior Court. . do solemnly swear (or affirm) That I ; died without leaving G&_Jast Will and minister all and singular the Goo:'s and Chattels, Rights and Credits of the said and a true and perfect inventory thereof return as provided by ‘aw, and that all other duties appertaining to the charge reposed in me, I will fah{ylly and honestly perform with the best of my skill and ability; So help me God. Subscribed and sworn to before me this. 7S~___. Administrator. | . Wy C n o w u p o r r g T H O N I O " } * { p o p e a y q u n a g a r y d o y V I V O ) a n q i o d n g 9 4 ) o y e j u v u y i e a d U E p a l l y o k je Ju t e F o w l e r , N . W. 1 9 2 1 Ay i ef North Carolina, In the Superior Court, Iredell County. Before the Clerk, J. W. Sharpe, Administretor,c.t.a., 9 d.b.n. of Ne. W. Fowler, deceased, : q FARSTAD PIEAL ANTTLOMENS To Hon. J. A. Hartness, Clerk Superior Court, Iredell County: The undersigned Administrator submitts the following as a Partial Final Settlement in the estate of N. W. Fowler, deceased showing receipts and disbursements,and balance on hand; The Executors Dorman Thompson and R. T. Weatherman died and the undersigned was appointed Administrator c.t.a., d.b.n. of said estate, Immediately after my appointment as Administrator c.t.a., d.b.n, of the estate of N. W. Fowler, deceased, Rachel Kdhe and P. P. Dulin, Administrators of the estate of R. T. Weatherman, deceased one of the former Executors turned over to me $97 685 cash and assigned the following see curities: One note and mortgage of W. H. E. Morrison for $1,400.00 on which there was due N. W. Fowler estate with in- terest from April 16, 1921 $1,200.00, one note of J. I. Thomas for $3,000.00 dated December 16, 1919 subject to a number of credits leaving a balance due of approximately $700.00 this note being assumed by George Walker and one note and contract of J. W,. Fowler dated April 16, 1921, the note being th the amount of $2,500.00 on which note there was due a balance due N. W. Fowler estate $1,000.00, ZBiPzts P, P. Dulin and Rachel King, administrators of R. T. Weatherman, deceased balance cash on hand in Final Settlement of said Admin- istrators of N. W. Fowler estate Jan. 25, G. W. Walker,note in full of interest and princi al April 29, J. W. Fowler, note in full of principal and interest Total Receipts . DISBURSEMENTS Statesville Loan & Trust Company, premium on bond of R. T. Weatherman and Dorman Thompson, Executors of N. W. Fowler estate $56.60 Feb. 25, P.P. Dulin, Administrator of R. T. Weatherman, deceased commissions on receipts and disbursements in N, W,. Fowler estate as per their settle- ment 558,60 April 2, Statesville Loan & Trust Company, premium on bond of J. W. Sharpe, Administrator c.t.a.,d.b.n. of N. W. Fowler, deceased 20,00 Dec. 50, R. A. Doughton, Commissioner of Revenue, inheritance tax in the estate of N. W. Fowler 128.15 1927 May 17, Statesville Loan & Trust Company, premium on bond 13,33 June l, M. P. Alexander, Sheriff, County tax 1926 29.69 Juiy 12, J. A. Hartness, C.S.C. fees for letters 5,85 duly 12, J. A. Hartness, C.S.C. fees re- cording two settlements 18.50 July 12, J. W. Sharpe, 5% commissions on $1736.14 receipts 86,80 TI ° = o o Zz < July 12, J.W. Sharpe, 5% commissions on $351.62 disbursements 17.58 1z 6 l July 12, Sharpe & Sharpe, Attorneys 100,00 Balance on hand of Administrator Credited by the following Special Vouchers E.Parks Sprinkle, share of Melissa Sprinkle, $62.50 deceased legacy By receipt of J. E. Sprinkle, Guardian of E. Parks Sprinkle, Feb, 4, 1926 $62.50 Graham Fowler, legacy due him as per will 100,00 By his receipt, Sept. 20, 1926 $100.00 Thomasville Baptist Orphanage part legacy 500.00 By its receipt, July 12, 1927 $500.00 —Fe6z.50 Balance tn hand of Administrator $138.59 The undersigned Administrator now has on hands $138.59 cash and and a note and mortgage of W.H.E. Morrison for $1400.00 on which there is due N, W. Fowler estate with interest from Appil 16, 1921 J. W. Sharpe, Administrator c.t.a, d.b.n after being duly sworn, deposes and says: that the foregoing Partial Final Settlement is true and accurate to the best of his knowledge, information and belief, uty uperior Cour The foregoing Partial Final Settlement of J. W. Sharpe, Administrator c.t.a., deb.n. of N. W. Fowler, deceased has been examined, audited and approved and the same is hereby ordered to be filed and recorded, This the 12th day of July, 1927. Clerk Superior Court. F i l e d i n t h e o f f i c e o f t h e C l e r k o f t h e S u p e r i o r C o u r t f o r t h e C o u n t y o f C a r o l i n a o m a r e P u b l i c R e c o r d s o f s a i d C S d i s Fo w l e r , N. W. 19 2 1 wet North Carolina, In the Superior Court, Iredell County, Before the Clerk, J. W. Sharpe, Administrator, Cot.a., d.b.n. of N.W. Fowler, FINAL sErre LEMENT ] ) deceased, TO HONORABLE JA. HARTNESS, CLERK OF THE SUPERIOR COURT, IREDELL COUNTY, NORTH CAROLINA: J. W. Sharpe, Administrator, Cot.a., d.ben. of the estate of N. W, Fowler, deseased submits the following Final Settlement in said estate showing receipts and disbrusements, Balance on hand at time of filing Partial Final Settlement, July 12, 1927 $138.59 S. 0, Lazenby, surveyor, services for surveying $5.00 We. J. Mathenson, account for helping survey Morrison land 10,00 O. B. Lazenby, Deputy Sheriff, taxes 3 for 1924 28.80 O. B. Lazenby, Deputy Sheriff, taxes for 1925 52.20 M. P. Alexander, Sheriff taxes 1927 55.00 A.L.Lowrance, Register of Deeds recording two deeds 2.50 J. W. Sharpe, commissions 041 Sharpe & Sharpe, Attorneys 25.00 J. A. Hartness, C.S.C., fees this settlement 1.68 ——— TOTAL DISBURSEMENTS - $138 .59 The Executors Dorman Thompson and R. T,. Weatherman of the estate of N, W. Fowler, deceased together with the undersigned administrator C.t.a., d.b.n, have paid all the indebtness of said estate together wtth all legacies under will of the said testator, The undersigned administrator holds a mortgage executed by W. H.E. Morrison for $1400.00 on which there is due N. W. Fowler estate $1200.00 with interest from April, 16, 1921, The mortgagor in the above mentioned mortgage have abandoned said premises and turned the property over to the N. W. Fowler estate, Mortgagee and your administrator has been trying to sell the land described in said mortgage which contains about 108 acres, more or’less for two years or more and has also had this land in the hands of a real estate agent. The best bonafied bid that has been offered for said land did not exceed $700.00 which the under- signed administrator thinks said price ineadequate and that said land is reasonably wopth $1500.00 or more; that under the terms of the will of the late N. W. Fowler deceased the proceeds from the above mentioned mortgage would go to the Thomasville Baptist Orphanage, Thomasville, N. C. as legatee under said will; that the undersigned administrator has been advised by the Thomasville Baptist Orphanage of Thomasville, N, C, and so agrees that it will accept a deed for the lands described in the above mentioned mortgage in lieu of the proceeds from the sale of said lands and the undere signed administrator has caused to be executed a deed from J, I. Thomas and wife to thd Trustees of the Thomasville Baptist Orphan- age, Thomasville, N, C., which is settlement in full of the legacy to the Thomasville Baptist Orphanage in said estate, J. W. Sharpe, Administrator c.t.a., d.b.n, of the estate of N. W. Fowler, deceased files the foregoing as his “inal Settlement in said estate showing receipts and disbursements and asks the court to examine, audite and approve said Final Settlement and that he be discharged as administrator of said estate and that his surety be released upon his bond as provided by law, a J. W. Sharpe, admi istrator c.t.a., d.ben. of N. W. Fowler, deceased, after being duly sworn deposes and says; that the fore- going Final Settlement showing receipts and disbursements is true and accurate to the best of his knowledge, information and belief, 7% f N. W. Fowler, deceased, Sworn to and subscribed before me, this the 4t ge é . oa epu erk Superior Yourt. _The foregoing Final Settlement of J. W. Sharpe, administrator c.t.a., d.b.n, has been examined, audited and approved and the same is hereby in all respects confirmed and ordered to be filed and recorded in the office of this Court, This the 4th day of February, 1928, ie 9) ° = 4 x 12 6 1 Fi l e t in th o th e sa p e r i o r Co m Jv e d e l l , St a t e of t- as of Jz ny re c o r d e d ci l lt at Le t o n pa g e aw e on e n e n ne n t ee me n en e De p u t y Ci e r l Fo w l e r , N. W. 19 2 1 ! Aartl LH, £0 Lean area q, ie é Of te e, Coccely, aes LAhereeretPrd TRF 2 e. A A Lp / foe 277 > 72? CCL L978 f¢ go Ho veecre the tality of Mp. B Bert Beil Of Wie Crsf, Lloohe Prbeciecees digi Z7@t he ee “ale lece Op Mt ¥ Lp re-let. L020 Cl c3c~ 7 2 . Cee Yo a? Oe G.- atthhart. rv Wepsere ea oe | Athce fe (feceal pre pfeere, , 1440 prve Cniy a Lt1247t Sesh [lke D2 . Lt- 42 Borel Z Arve f20CCL, ae IA, WSr prez Wh), FOS Bezerese Ie CD Mer esate (our : 4, v : jit C4 s f rs feh fut Le 44 eH” v gg 4tle¢tdee Yih Pras Boo fr fre 2 ay? 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That the value a said OO Sa all as can be ascertained at the date of 0 appligation, is wbout $ J IC, .and that Ai Z oe Lge C7 LY: in Jebel LAL... | i are entitled as heirs and distributees thereof. Z Vd Ay Sz ie, Sworn and subscribed before me this. - y a¥ fi ttt cr oy 187 1 Lt til Probate Solis. Ji re (0M Coe Col Poot a F Ce2097 L/ (diy oY - phy Pf 457 7 yytne Wer V/A ef = ee 402 bee 8 & — ares ‘n 17 fi < wt 7? Vo hile Mites LOCH eH 7 a ae Cw Tl : , “WC ¥ COM crite » HA YUE CLA ELE Athy Acti ntile AC Pat UL7 gee le — 00 Cr7veeve 7 (CL é viele , dtgtte * Ortdtils OB YG Grrl rv ll Peace 2 aster resi ke iets yk Oreos bit phi Cy CMM MCLg Ct. Zot FPLCCEti2O CA 442? deg C bnew, FEMA OU ftilirccrece bb Mio" vy Vie ha ntnil Ci £0060 Ae 2 Vike ae L001 100 J Fo Ace? “iy “F144 CL1TEL VObcadny, o Ab fpy Dite ste - Wb t*Chhe A VICE APU fei ‘omy ' MEM" | ; Pie ( ore ) I A. oh J Y d acorrent phar Arede. 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