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HomeMy WebLinkAboutEstate Records 1790-1970, Gaither, M.E.-Millie‘l e y Te y “W w W ‘< < *“ S I W APPLICATION FOR LETTERS TESTAMENTARY—Printed and for sale by Brady Printing Co., Statesville, N. C. APPLICATION FOR LETTERS TESTAMENTARY COUNTY :—In rae Superior Court. In THE MarTrer OF THE WILL OF ( 2 2 : ef Vy, I. & eto ~RLE2 Cm, aie ach 8. ©. bcp aes ret ss. WAhecet Z C3, Coizher coer ckdtin ibaa taden eo being duly sworn, doth say: That i Mh ta ae Le late of said County, is dead having first made and published A& last Will and Testament and that _.77.C2_. LS, is the executor named therein. prcky ig -<-—-- Ji a a a a eee e A ct 4/ / A. 4 OATH OF EXECUTOR STATE OF NORTH CAROLINA, \ SS.—In the Superior Court. soomnrih anheallen Metall oe County. A igpegi I, 4.12. Latcthects... do solemnly swear that I believe this paper writing to be » 4 and contain the last Will and Testament of 4 L. (har that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall ex- tend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. Subscribed and sworn to before me this AS - jee timc REO R OCTETS nl 2 — Ga i t h e r , M. E. Mr s . 19 2 9 ‘r e y u A T e O “W a. °S I W This action is btrousht to divide the lands belonging to smug Irs, MLE. ~Gaither at the time of her desth, and devised under her last will ana Form 47-B. Special Proceeding. 10 Day Summons, Printed and for sale by Edwards & Broughton Co., Raleigh ’.B.Galtier, tudiviccaiiy;*.B.deither,—es sxeentor ef ‘ ane meeme irs, Mes Gaith ¥ Lacy Gaither, We. May V Counry, ldcear D.Gaither nd wife Ancie Gaithe Kittie Gaither ag esustee for herself SUMMONS and Thomas Gadther and Katherine Gaither PETITIcNIRS; nustand Clarence ¢ Bhan, vinnie sUurner, Thomas Guither, Metheriue-Gaither Rex Zacth ang wite Urb. Rex Bocth, JeT.Booth, Jre, and j ‘ . tet {Bert > Cecil Boothe Jka, PANTS ade ae od ee e THE STATE OF NORTH CAROLINA To the Sheriff of Iredell County—GREETING: eerie ‘on en ek You are commanded to summon..@geie Greshax - pe A -~urned, 7 the defendant 3__ be found within your County, to,appear before the Clerk of the Superior Court for the County of Iredell , at his office in, Statesville, iC, : “ 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 Superior Court of said County,/a copy of which is ‘served herewith. And let__°2¢™ take notice, that if___ they fail___ to answer said complaint within the time above specified, the plaintiff __ will apply to the Court for te relief demanded in the complaint. Herein fail not and of this summons make due return. : / a Given under my hand and seal of said Court, this PoP 19__9* BOND FOR COSTS ‘Agaie Greshanu, Clarente and the defendant__8 in this action, in the sum of Two Hundred Doll shall pay to the defendant_8_ all such costs as the defendants. may recover of the plaintiff__. in this action. Witness our hands and seals, this... ___ day of July _ ---, being duly sworn, says that he is a resident 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 A ioe gel’: day of Af t e r ag u e di l i s e n c e 41 a se a r c h . RS th e fo l l o w i n g na n e d de f e n d a n t s <— ar e no t to te fo u n c in Ir e c e l i Co u n t y , vi z : Ma s s i e Gr e s h a n , Cl a r e n c e Gr e s n a h , di n u i e i En e r » Re x Bo o t h , lt r s . Le x 5, 2 6 bm g TD Bo o t h , Jr . , we e Ce c i l So o t h y , an c th a t th e av c o v y e na n e c de f e n d a n t s ca n no t af t e r du e di i i c e n c e RE M I ™ I O } —- ae ew e > : + Re x Bo o t h , Mr s . K4 a B E o o t h , J . 7 . Bo o t h , Jr SP E C I A L PR O C E E D I N an d 10 DA Y Y¥ e c i Bo o t h . an d se a r c h be oe th e at e of } tn Ca r o l i n e . SU M M O N S FO R RE L I E F St a t e of or t a ni s Le d av y ot Ch t c g p o a a by de l i v e r i n g a co p y of th e wi t h i n su m m o n s an d a co p y of th e co m p l a i n t to ea c h of th e fo l l o w i n g de f e n d a n t s : Th o m a s Ge i t h e r an d Ka t h e r i n go m p l ai nt ge l i v e r e a to ‘r s ki t t i s g ' Hd , _ ro c k tt r e 5 tt e ne - -- G i - - l 4 re t e & -E - n d 8 Ka t h e r i n e Ga i t h e r , wi t h Dé l e i d a n t s . J o> Z th e y li v e . ak e ' . fC Ma t or , Ba w Bh j t o n ew FR U Me l k , Sa . t h a y Aa r e 4 e -, > Ga i t h e r , M. E. , Mr s . 19 2 9 62 6 1 ‘z e y y t T e s “W w W io e *S 1 I W NORTH CAROLINA, IREDELL COUNTY. P.BeGaither, individually, FeBe Gaither as Executor of lirs. MH. Gaither, Mrs. Lacy Gaither, WeC. Gaither and wife Lizzie Gaither, May VeBrandon and husband Lola Brandon, Mrs. Virgie Kinder, Ula, J/ood and husband Harry Wood, ReBe Gaither and wife Julia Gaither, Zdgar D.Gaither and wife Angie Gaither, and Kittie Gaither as Trustee tor herself and Thomas Gaither and Katherine Galther, PLAID TIFFS, PETITIO} WMara wT s Maegie Gresham and husband Clarence Greshan, Winnie Turner, Thomas Gaither, Katherine Gaither, Monroe Booth, Rex Booth and wife Mrs. Bex Booth, JeTedooth, Jr., and Cecil 500th Cw DEFENDAI7S The plaintiffs petition the Court and respectiully ha That on or about the 24th day of Dece..ter, 1929, li'rs. Y.E.Gaither died testate, und the petitioner F.B.eGaitner duly qualified and is now the duly qualified executor under said will, which will of the said Mrse MeE.Gaitner and the codicil thereto which is hereinafter mentioned was duly probated on tne loth day of January 1950, and recorded in the oriice of the Clerk of Superior Court for Iredell County, N.Ce, in book of wills No. 10, 232 and followins. 9 «Le or 6} . That the said Yestatrix, Mrs. MeEeGaither died seized and possessed of the following real estate, situate in Turnersburg Township, Iredell County, N.C., consisting of 545 acres, wore or 62 6 1 *‘ r a y y t T e s “W W 7 *S I W and tounded by metes and bounds as follows: BEGINNING ata stone WelMeAlbea’s corner, about 83 poles nearly Vest from the highway leading from Harmony to the Davie County line, and running thence S.88 E. 60 poles to an iron stake which is situate about 23 poles west of said highway; thence with Sills & Newell's line Se 4 W. 11@=-3/4 poles to a stone; thence with seid Sills & Newelis’* line S. 86 EB. 128 poles crossing a public road to a stone; thence Se 3 We 1l poles toa stone; thence crossing the said highway leading from Harmony to the Davie County line S. 80 E. 146-3/4 poles to a stake and pointers; thence N. 3-3/4 E. 170 poles to a stake in a branch; thence Ne. 85 W. 60 poles to a stone; thence with the line of the dakkxQamphakkxkaud eckax Rud AQudn ud Buk ARapakaauxsecaxntanayuaaunxa- BOE SAMRSRSUKKS REA ACORKE RNA AREER EK eA HKi dé Camebekixi cmenxu enue - 4ill Campbell lands N. 2-1/2 wd. 97-1/2 poles, crossing a voublic road, to a stone near a persimmon; thence continuing with the Will Campbell line Ne 79-1/2 W. 70 poles to a stone near a public roads thence continuing with the Campbell line he. 12 E. 87 poles to @ stone; thence crossing a public road Ne 83 We 117-1/2 poles to & stone; thence S. 80 W. 64 poles to a stake and pointers; thence a, 86 Wwe Ww. 84 poles to &@ stone; thence S 5-% W-L6 -f/2, » crossing the highway leadinzs frou Haruony to the Davie County Line, to a stone, the BEGITNILG, containing 547 acres, more or less, but there is to be exce ted from the atove boundaries the 2 acre school lot pelonsius to Gum Grove Scheol, leaving 545 acres, wore or less, ate That the said F.B. Gaither, Executor of the will aforesaid was empowered, authorized and directed to sell the real said 1.8.Gaither, and convert the same into cash, execute deed deed to the purchaser, to gether with all aotes, accounts and personal property, and after paying costs of aduinistration, debts and obligations against said estate, and divide the remainder equally between the children of the said SOASANE IR, Meee Aljce D.Gaitner, Ida DeTuruer, Vurner atthe tO LteeLPr” Gaither, FeBe Ener pace decsher ste Vay V.Brandon, each to have a 1/8 part thereof. -4- That after the writing of said will, Alice D.Guither, daucshter of said testatrix, died intestate leaving one child, whereupon said testatrix executed a codicil to said will and gave 62 6 1 ‘1 a y y T e O “W w W os *s 1 I W to said child, to-wit, Beulah Gaither $500.00 in lieu of the legacy left to her daughter Alice D.Gaither as provided in the will aforesaid, which left the notes, account, personal property, land, etc., to ve divided equally among the other children he et Shy) testatrix, namely: Ida Deturner, Turner Gaither, #.otui her. A WeCeGaither, H.G.eGaither, and lay VeBrandon, a 1/7 part thereof to each. «Be The names, residence, etc., of the petitioners defendants are as follows: 1.F.BeGaither, son of l.E.Gaither,single, over al, Iredell County. 2, lirse Lacy Gaither, (widow) over 21, daughter of LE. Gaither, 3. WeCeGaither, son of li. Ligzie Gaither, both over 21, (W.C.Ga his wife in Guilford County) 4. May VeBrandon, daughter of M.E.Gaither, whose husband is Lola Brandon, both over 2l, Forsyth County. 5e Turner Gaither, deceased son of 1..E.Gaither, left surviving him the following children, (Docia Gaither,nis wife is also dead), eGaither, whose wife is ther in Iredell County, and n a 1 a. Virgie Kinder,widow, over 81, daughter of ‘Vurner Gaither, Iredell County. beReBeGaither, son of Turner Gaither, whose wife is Julia Gaither, both over 21, Iredell County. ce. Edgar DeGaitner, son of Turner Gaither, whose wife is Ancie Gaither, both over 2l, Forsyth County. a.Ula Wood, daughter of Turner Gaither, whose husband is Harry Yood, both over 21, Forsyth County. ee Vera Booth, deceased daushter of Turner Gaither left surviving her the following; 1. lionroe Booth , husband, Charleston, t'iss.,over el. 2eRex Booth, son, whose wife is Mrs. Rex Booth, voth over 2l, arkansSa&e SedIeTeBOOth, Jre, gon, under 2l, single, iss Charleston, I . &. Cecil Booth, son, under 2l, Single, Charleston, Misse 6. Ida Turner, deceased duazhter of 1.H.Gaither, (her husband Virgil Turner dead also) left surviving her the followings a. agcie Gresham, daughter, whose husband is Clarence Gresnam, both over 21, lew Jeru, Tenn. be winnie Turner, daugiter, Single, over R1,Arkansase 7, BeGeGuither,deceased son of MeEeGuither, left surviving tne following?’ a, Kittie Gaither,widow,over 21, Iredell County. be Thomas Gaither,son, under 21, Iredell County. c,Katherine Gaither, daughter, under 21, Iredell County. ‘z e u a t e s “W w W e) °S I W ae The personal property of said testatriz, including stocks, notes and accounts was ample and sufficient to pay off all obligations against the estate including the {500.00 legacy to Beulah Gaither as set forth in paragraph four of this petition. Fea That the Executor aforesaid has made a division of the stock held by said testatrix in the Hall Kale lfg., Co., among the heirs and children of the said testatrix, and has retained a sufficient amount of said stock and other effects of the estate to discharge all obligations against said estate, including the 500.00 legacy to Beulah Gaither aforesaid. af« That in compliance with the authority and power given P.b.Gaither, Executor to sell and convey to the purchaser the lands aforesaia, he has made every effort possible to sell the same, but has teen unable to find a purchaser who was willing to buy said lands at a price acceptable to said Executor, or the heirs at law who are interested in said lands. That by reason of the general Gevression of the country, resulting in depression of real estate values and especially farming lands, cof which the lands described aforesaid consist of, there is no market nor has there been any demand for the purchase of land or lands, consequently he has been unable to sell and disvose of the lands hereintvefore described as provided in the will of M.E.Gaitner aforesaid. aQu That the interest of the petitioners and the defendants in said lands are as follows, to-wits F.B.Gaither, 1/7 thereof. Mrs. Lacy Gaither, 1/7 thereof. WeCeGeither, 1/7 thereof. 4. Mary V.Brandon, 1/7 thereof. ‘z e y y r e s “w W 2 *S s 1 I W 5. Maccie Gresham and Winnie Turner, who are the children Ida Turner, deceased daughter of testatrix, 1/14 each. 6. That the children of Turner Gaither, a deceased son 1teEeGaitner, are to gether entitled to 1/7 interest therein, divided individuals/as follows: a. Virgie Kinder, 1/35 thereof (of the whole) ReBeGaither, 1/35 thereof. Edgar D.eGaither 1/35 thereof. Ula Wood, 1/35 thereof. e. That Rex Booth, JeT.Booth, Jr., and Cecil Booth, i ; . os se . ; a are jointly entitled to 1/35 thereof? or to a 1/105 part euch. “ . ’ = 7. Thomas Gaither and Katherine Gaither who are children of B.GeGuithner, deceased son of MeLeGuither, are entitled to 1/7 thereof, or 1/14 part eache -l10- That Thowas Gaither, Katherine Gaither, JeTeBooth, Jre, and Cecil Booth are infants under 21 years of age and without seneral or testementary guardians, and your petitioners ask that a guardian ad litem be avpointed by the court to represent them in this proceeuinge elle That bg virtue of the will and the facts as set forth in this petition the above nauwed petitioners and defendants, who hold interest in suid land are tenants in common, and are seized in fee simple and in the possession of the aforesaid lands. That Kittie Gaither, named as one of petitioners is not entitled in her own risht to dower in the interest of her hustana BeGeGaither in suid lands, he heving died prior to the death of the testatrix, and that the defendant lonroe Booth, who was the hustand of Vera Booth deceased, is not entitled to curtesy in the interest of Vera Booth i said lands, she huving died prior to the deatn of the ‘r a u y t e y “W w W pe s *S I W testatrix. at fa That the petitioners desire to hold their shares in lands described aforesaid in severalty. JEERZPORE, the petitioners pray: 1. That the court apvoint a Guardian Aad Litem for the infant defendants, Thomas Gaither, Katherine Gaither, J.T.eBooth,dr., and Cecil Booth. 2. That the Court appoint three commissioners te divide said lands into 7 equal shares by proper metes and bounds ana allot the same as follows, 1/7 interest to F.BeGaither, 1/7 interest to rs. Lacy Gaither, 1/7 interest to W.C.eGaither, 1/7 interest to Vefly VeErandon, 1/7 interest jointly to Magcie Gresham and Winnie Turner, 1/7 interest jointly to Thomas Gaither and Katherine > we Gaither, that the 1/7 interest of Virgie Kinder,X.B.eGaither, Edgar f DeGaither, Ula Wood, Rex Booth, J.TeBooth, Jr., and Cecil Pooth(said yarties having a 1/7 interest in the whole said lands) be allotte Vv : / el ae / os a ‘ . ws be - m : as follows, 1/5 of the 1/7 interest to Vir Kinder, 1/5 of the 1/7 interest to ReBeGaither, 1/5 of the 1/7 interest to Edgar De Gaither, 1/5 of the 1/7 interest to Ula Wood, by metes and btouncs, and 1/5 of 1/7 interest to Rex Booth, JeTeBooth, Jre, and Cecil Booth, jointly, bg@ wetes and bounds; anc if equal division can not otherwise by made, then to charge the more valuatle dividends with such sums of money as they should think necessary, to be peid to the dividends of inferior value, in order to make an equitatle partition of said lands, and report to your court tneir proceedings under their hands or under the hands of any two of then, not exceeding ‘r e y tT e y “W w W si n g *“ S I W 60 days after the notification of their apvointment. This the A day of July, 1932. TURNER, MOSS & WINBERRY. eu Lilodd) ATTORNEYS FOR T TONERS. NORTH CAROLIFA, IREDELL COUNTY. F.BeGaither, one of the petitioners in the foregoing petition, maketh oath that he knows the contents of the foregoing petition, that the saue is true of his own knowledge, except as to those matters and things therein stated upon information and telief, and @@ to those he believes it to be true. APbke tic Subscribed and sworn tog before me, this the eT aay of 67 6 1 ‘z e y y t e o x — "S i w SERVICE BY PUBLICATION--AFP NORTH CAROLINA, IREDELL COUNTY. 1 +} *,.B.Gaither, and others, -vVs- Magwie Greshan,and hustaud Clarence Gresham, /innie Turner Monroe Booth, Nex Leoth and wife ’ys. Rex Booth, J.eTeBooth, Jr. Cecil Booth, Thomas Gaither, a Katherine Gaither. " That in the above enti Superior Court of Iredell Coun plaintiffs in said action; tha has returned the summons issue as rollows: * After due dilig Clarence Gresham, winnie “urue Rex Booth, J.TeBooth, gr., and in Iredell County;" that the can not after due diiigence an itate of North Carolina; that defendants in favor of the pla olaintiffs and defendants are in Iredell County, N.¢&, devis and the plaintiffs have filed of Iredell County askin: that olaintiffs and the derendants, their shures in said land in s relates to real estate situate detendants above namea are oro having an interest in said lan the petition riled ty the plai non-residents of the State of concealed in said State so tha * BeGaither, bein dul» > ne y SWOrn, Geposes and SuysBse tled action now pending in the ty, NeCe, that he 48 one of the t the Shet&#ff of Iredell County d to him in said action encorsed ence and search Maggie Greshain xr, Monpfje Eooth, Rex Booth, Irs. Cecil Booth, are not to be found defendants therein(named above) d search be fo.unc within the a cause of action exists against th intiffs as follows, toewit: The tenants in comwon in certain lands ed under the will of M.E.Gaither, a petition in the Sunerior Court land te divided among the the plaistiffs desiring to hold everaity, and that ssid action in Iredell County, N.C., and the ser parties thereto, ssid derendants ds which are fully descritea in ntiffs. That said defend: nts are North Carolina, or.keep theuselves t their whereabouts are unxnown, and Can not after due dilicence and search be found in tne state of horth Carolina, and suia te real estate soucsht to te divid JHEREFORS, the pla uade by the Court that service Geiendants, via: Maggie Greshs Vvonroe Booth, Nex Looth, "rs. Cecil Booth, by publication in Iredell County, TDorth Carolina tendants have an interest in the CQe intiffs pray that an order may be of summons te mace on said uw, Clarence Gresham, innie "urner, ex Eooth, Jé?.Eooth, Jr., and sowe newspaper published ina "his the day te a2 Subscribed and sworn to terore me, this the la? Gu) . £-ty . 44 ‘: a9 é Q o fut ct os @ ry “W w W 7 *s S 1 I W rmaither, and others, -VS- : ‘tie Gresham, and others. It eppearing from the affidavit of F.B.Gaither, one of tne plaintiffs in the above entitled action, that Maggie mreshaw, Clerence Gresham, dinsie Turner, lonpoe Booth, Kex Booth, Mrs. Rex Booth, JeT.eBooth, Jr., and Cecil Booth, defendants therein are not to te found in Iredell County, and can not after due cilisence and search te found in the State of North Carolina, and it further appearing that a cause of action exists avuinst the defendants as follows, to-wit: The laintiffs in this action have filed & petition in the Supericr Court of Iredell County tkine for ivision of the therein descrited he saic ion covers real esta in -edell Coun ] ave an interest i the real j t aia -endants and ai and that said defend North Carolina, or ang can not arter due dili he State of North Carolina; ant ordered that summons be served on said ‘agsie Greshan rence Gresnau, winnie T urner, Monroe Booth, Rex Booth, irs Fi ooth, JeTeBooth, Jr., and Cecil Footh, by publicati Psa that end that notice of of this actjon be, pub j week tor four consecutive weeks in i (L0-72 : __» & newspaper published in Iredell County, ! forth the title of this action, purpose oi i and requiring the defendants to appear at the offi t Ulerk of Superior Court of Iredel County, a thge Couyt House in Statesville, N.C., on the day of CK Llet(lht_A, » 1932, ang answer or dademur to tie couplaint “f the plaintiffs. Or d e r Sf r su m m o n s by pu b l i c a t i o n Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z e y q t e o °W m *S 1 I W SUMMONS BY PUBLICATIO ’ individually, F.B.e sxecutor of Mrs. M.E,. Mrs. Lacy Gaither,\!.C. Gaither and wife Lizzie Gaither, May VeBrandon and husband Lola Brandon, Mrs. Virgie Kinder, Ula Jood and husband Harry Wood, ReB. Gaither and wife Julia Guither, Edgar D.Gaither and wife anzie Gaither, and Kittie Gaither as Trustee for herself and Thomas Gaither and Katherine Gaither, PLAINTIPPS, Maggie Gresham, and husband Clarence Greshan, Winnie Turner, Thomas Gaither, Katherine Gaither, Monroe Booth, Rex Booth, and wife lIirs. Rex Reoth, ef.Booth, Jr., and Cecil Booth, SUITZONS BY PUBLICATION. The defendants, Maggie Gresham, Clarence Gresham, dinnie Turner, Monroe Booth, Kex Booth, I’rs. Rex Booth, J.T. Booth, Jr., and Cecil Booth, will take notice that an action entitled as atove has been commenced in the Superior Court of Iredeli County, N.C., for the purpose of partitioning lands situate in Iredell County, in which the plaintiffs and defendants are tenants in common, veing the lands which irs. M.u-eGaither was seized at the time of her death and which were devised by her in her last will and testaient, and in which lands the defendants have an interest, and the said defendants will take further notice that each of them are required to appear at the office of *T e y y r T e g “W oi s *S 1 I W of Superior Court of Iredell County, Ni.0., in tae A Court House at Statesville, N.C, on sn efMAGL_ sey of berlin Ata) o 1932, and answer or demur to tne which has been duly filed in the office complaint in said action the Clerk of the Clerk of Superior Court of Iredell County, or the plaintiffs will apply to the Court for tne reliel demanded in said complaint. This the af day of Begecek , 1932. S u m m c a n s by pu b l i c c t i o n . Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y y t e y “W w W “a *S I W Printed and for sale by Edwards & Broughton Co., Raleigh Form 47-B, Special Proceeding. 10 Day Summons. County. IN THE SUPERIOR Court, SUMMONS THE STATE OF NORTH CAROLINA To the Sheriff of Iredell You are commanded to summon Clerk ra »? a” > appear before the of the Superior Court for the County of... L¥ within ten (10) days after the day of service hereof, and answer the complaint, which has been filed in the office fail___ to answer said complaint within the time above specified, the plaintiff __ will apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said Court, this..+4¢2__ shall pay to the defendant__- all such costs as the defendant. __ may recover of the plaintiff.__ in this action. Witness our hands and seals, this.......__ __ aay Ofo ow. (Seal) , being duly sworn, says that he is a resident I Ei ildinprtuinceiitiamn tie io ete County, in the State of North Carolina, and is worth the over and above all his debts and liabilities and exclasive of property exempt from execution. Subscribed and sworn to before me, this___________ day of io ee e : my 2M SI R Mi n e o , OL 0 i 5 SP E C I A L PR O C E E D I N G 10 DA Y SU M M O N S FO R RE L I E F by de l i v e r i n g af o p y of th e wi t h i n su m m o n s an d a co p y of th e co m p l a i n t to ea c h of th e fo l l o w i n g ’ . de f e n d a n t s : Th o m a s Gu i t h e r , Z e t h e * I ‘ it . i +r a 3 le n | + 3G po l tl e + - he he Oe 3 db -- + GO n y - - C i - - SU M O S- 2 t- - C in o + To yy +t ‘ ‘ ‘ 4 .} $a . Tr e e h1 L E4 1 2 . aL i h n e r , . t 6 2 8 . m 0 5 5 s I Pl a i n t i f f ’ s At t o r n e y . 4M — 6 - 1 5 - 2 9 Ga i t h e r , M. E. , Mr s . 19 2 9 ‘t e y 4 t e y “W w W ie) *“ S I W In the Superior Court Before the Clerk. *.B.Gaither, and others, -VS-= aggie Gresham, and others.] To the Clerk of Superior Court of Iredell Countys P.DeGaither, one of the plaintiffs in the above entitled proceeding respectfully showeth to the court that Thomas Gaither, Katherine Gaither, JeT.Booth, Jr., and Cecil ooth, defendants in the above entitled action for the partitioning ofr real estate, are minors, and without general or ‘Cutary guardian, and that said minor defendants have teen duly served with summons in Said proceedins;, ylaintiffs herety make application to Seid court to appoint some Suitatle person to act as guardian ad litem for said minors and to represent their interest 1Q proceeding. this eG ca 1 allt aso " one CPE: Z SCY ALT LUZ Sutscribed and Orn tom bef me, this tie 32% day ; 9 193 jit me y T t T Pe Ue T p I e N s JO J uv o y y v o y T d d y Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y y t e s “W w W _— - *S s 1 I W North Carolina, In the Superior Court Iredell County. Before the Clerk. F.B.eGaither, and others, q vs APPOINTYENT OF GUARDIAN AD LITE, Maggie Gresham, and others. ! It appearing fpom the sworn complaint and application in this proceeding that J.T.Booth, Jr., Cecil Booth, Thomas Gaither, and Katherine Gaither, infant defendants gre without general or testementary guardians, and that said defendants have been duly served with usmmons in this proceeding; and Yel go hide Ad » their next friend, who is found by the court, afiter due inquiry as to his fitness, to be a suitable, piscreet and competent person, having come into court and signified his willingness to represent said minors: It is therefore, on motion of Turner, Moss & Winberry, Attorneys ’ for the plaintiffs, ordered that Lect. A ale be and he is hereby, appointed guardian ad litem 6f she said infant:defendants, J.T.Booth, Jr., Cecil Booth, Thomas Gaither, and Katherine Gaither, in this proceeding, and he is hereby authorised and directed to appear and defend the same on their pehalf, as such guardian. I hereby accept appointment as guardian ad litem of JeT.Booth, Jr., Cecil Booth, Thomas Gaither, and Katherine Gaither, acknowledge receipt of copy of summons and complaint in the above entitled proceeding and waive service of the same by an officer, hereby accepting service of the same. 7 a SFA Im Pye a / - Ly 7 - CHt414 1" € “S o u e y d e o o e sr y pu e ‘m e a t T Dw ue t p r e n y so +U e m Z u t O d d y Ga i t h e r , M. E. , Mr s . 19 2 9 62 6 1 ‘z a y 4 t e y ) “W w W . “s a w North Carolina, In the Superior Vourt Tredell County. Before the Clerk. F.B.Gaither, et als, | ANSWER OF NEILS S.SOWERS, Guardian ad Litem of JeTeBooth, Jr. , Cecil Booth, Maggie Gresham, et els.|Thomas Gaither, and Katherine Gaither. The defendants, JeT.Booth, Pbii. Cecil Booth, Thomas Gaither, and Katherine Gaither, by and through Neil S.Sowers thetr guardian ad litem, answering the complaint of the plaintiffs, allege and says: ele That paragréphs 1, 2, 3, 4, 5, 6, 7, 8 9, 10, il, and 12 of the plaintiffs complaint are admitted. WHEREFORE, these defendants join the plaintiffs in the prayer for the relief prayed for in the plaintiffs complaint. or eteDO0 > Cecil Booth, Thomas Gaither, and Katherine Gaither. North Carolina, Iredell County. Neil S.Sowers, guardian ad litem for J.T.Booth, Jre, Cecil Booth, Thomas Gaither, and Katherine Gaither, defendants in the above entitled action, maketh oath that the foregoing answer is true of his knowledge, except as to those matters and things therein stated upon information and weelief, and as to those he believes it to be true. Subscribed and Guardian ad litem ride sworn to before me, Booth, Thomas Kaither, and this 5th 4 of Septy 1932. e oo D Pes Katherine Gaither. ‘z a y u y t e s “W w W i) . *S I W North Carolina, In the Superior Court Irddell County. Before the Clerk. FeB.Gaither, et als, { -Vv8- | ORDER APPOINTING COMMISSIONERS. Maggie Gresham, et als.] This cause coming on to be heard and being heard and it appearing to the court that all of the defendants named in the above entitled proceeding have been duly served with summons and that a guardian ad litem has been duly appointed for the infant defendants and said guardian ad litem has duly answered the and it appearing that time for other defendahss to answer has expired complaint,/and it further appearing to the court that the allegat- ions of the complaint are true and that the facts are as therein stated, and that the plaintiffs are entitled to the AY sought, rewgon it is ordered by court th YOWK Ee . be and they are hereby appointed commissioners to divide the lands described in the said petition into 7 equal shares, and to allot the same as follows: 1/7 interest(or one share) to F.B. Gaither, 1/7 interest(one share) to Mrs. Lacey Gaither, 1/7 interest (one share) to W.C.Gaither, 1/7 interest(one share) to May V. Brandon, 1/7 interest(one share) jointly to Maggie Gresham and Winnie Turner, 1/7 interest(one share) jointly to Thomas Gaither and Katherine Gaither, 1/5 of 1/7 interest(of one share) to Virgie Kinder, 1/5 of 1/7 interest(of one share) to R.B.Gaither, 1/5 of 1/7 interest(of one share) to Edgar D.Gaither, 1/5 of 1/7 interest(of one share) to Ula Wood, and 1/5 of 1/7 interest( of one share) to Hex Booth, J.T.Booth, Jr., and Vecil Booth, jointly, by proper metes and bounds, and if equal shares can not be made ‘z a y y t T e s *W m *S I W by dividing the land, then the said commissioners are to charge the more valuable dividends with such sums of money as they shall deem necessary,to be paid to the dividends of inferior value in order to make an equitable partition. Said Commissioners shall meet on the premises at the time summoned by the sheriff, and after being sworn by a justice of the peace or other person authorized to administer oaths, shall divide the lands. the commissioners are empowered to employ the county surveyor, or in his absence, or if he be connected with the parties, some other surveyor, who shall make out a map of the premises, showing the quantity, courses and distances of each share, which map shall accompany and form a part of the report of the commissioners; and the said commissioners shall, within sixty days of the notification of their appointment, make a full report of their proceedings, under their hands, or the hands of any two of them, specifying therein the manner of executing their trust, and describing particularly the land or parcets of land divided, and the share alloted to each tenant in severalty, with the sums charged on the more valuable dividends and to whom to be paid. This the 13th day of September, 1932. Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y y T e o “W w ™ "“ S I W North Carolina, In the Superior Court Iredell County. Before the Clerk. F.B.Gaither, et als, } vs rt OATH OF COMMISSIONERS TOC DIVIDE LAND. Maggie Gresham, et als. \ We, and each of us, solemnly swear that in the partition of the real estate now about to be made by us in the above entitled proceeding, we will do equal and impartial justice among the several claimants, according to their several rights and agreeably to laws So help us, GOD. day of Ga i t h e r , M. E. , Mr s . 19 2 9 ‘r a y y r e g ae “W W °S I W North Carolina, In the Superior Court Iredell Vounty. Before the Clerk. ¥.B.eGaither, et als, -Vs- NOTICE TO COMMISSIONERS. Maggie Gresham, et als.| Yi To Mes Ce Z L¢ Lo . CPt LA ALTA LLL DAL THU) —s You are hereby notified that you have been appointed @s commissioners to partition the following described land, containing 545 acres more or less, and being the land of which Mrs. Ms&.Gaither died seized and possesséd, and more particularly described as follows: Beginning at a stone W.MeAlbea's corner, about 83 poles nearly west from the highway leading from Harmony to the Davie County line, and running thence S. 88 &. 60 poles to an iron stake which is situate about 23 poles west of said highway; thence with Sills and Newell's line S. 4 W. 110-3/4 poles to @ stone; thence with said Sills and Newells line S. 86 E. 128 poles crossing a public road to a stone; thence S. 3 We. 11 poles to a stone; thence crossing the said highway leading from Harmony to the Yavie County line S. 60 E. 146-3/4 poles to a stake and pointers; thence Ne 3-3/4 &. 170 poles to & stake in a branch; thence Ne 85 We. 60 poles to a stone; thence with the line of the Will Campbell's lands Ne 2-1/2 W. 97=-1/2 poles, crossing a public road, to a stone near a persimmon; thence continuing with the Will Campbell line N. 79-1/2 Ww. 70 poles to a stone near a public road; thence continuing with the Campbell line Ne. 12 E. 87 poles to a stone; thence crossing a public road Ne. 863 W. 117-1/2 poles to a stone; thence S. 80 W. 64 poles to a stake and pointers; thence N. 86 We. 84 poles to a stone; thence N. 5-1/2 W. 167-1/2 poles, crossing the highway leading from Harmony to Davie County line, to a stone, the BEGINNING, containing 547 acres, more or less, but there is to be excepted from the above boundaries the 2 acre school Lot belonging to Gum Grove School, leaving 545 acres, more or less. You will divide the above described lands into seven @qual shares and allot the same as follows: 1/7 interest (one share) to ¥.B.Gaither, 1/7 interest(one Share) to Mrs. Lacey Gaither, 1/7 interest(one share) to WeCeGaither, 1/7 interestione share) to May V.eBrandon, 1/7 interest(one share) jointly to Maggie Gresham and Winnie Turner;, 1/7 interest (one share) jointly to Thomas Gaither and Katherine Gaither, ‘z e y z T e o “W w . *s 1 I W 62 6 1 1/5 of 1/7 interest(of one share) to Virgie Kinder, 1/5 of 1/7 interest|( of one share) to HeBeGaither, 1/5 of 1/7 interest (of one share} to sdgar D.Gaither, 1/5 of 1/7 interest(of one share) to Ula Wood, and 1/5 of 1/7 interest(of one share) jointly to Hex Booth, JeTeBooth, Jre, and Cecil Booth, vy proper metes and bounds, and if equal shares can not be made by dividing the land, then you shall charge the more valuable @ividends with such sums of money as you shall deem necessary, to be paid to the dividend of inferior value in order to make an equitable partitione You will meet on the premises at the time summoned by the sheriff and, after being sworn by a justice of the peace or other person authorized to administer oaths, you will divide the said lands as above indicated. You are empowered to employ the county surveyor, or in his absence or if he be connected with the parties, some other surveyor, who will make a map of the premises showing the quantity, courses and distances of each share, which map shall accompany and form a part of your report. Within sixty days of the motification of your appointwent, you will make a full report of your proceedings under your hands or under the hands of any two of you, specifying therein the manner of executing your trusts and describing particularly the land or parcels of land divided and the share allotted to each tenant, with the sums charged on the more valuable dividends and to whom the same shait be paid. We, the undersigned, being the commissioners named above, hereby accept service of this notice, and waive the service of the same by an officer. This the (ZL aay of September, 1952. (2 Aa WN I LO Z ly Shean *t e y R I T e y H “W w W '- o *S I W Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y u y t T e o °W “= o *S 1 I W NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk. F.B.Gaither, and others, ! ! } REPORT OF COMMISSIONERS. Maggie Gresham, and others. Dvderidix Ded. Vt é. Faihn Lacy. -Vs- 70 JOHN L.MILHOLLAND, CLERK OF THE SUPERIOR COURT OF IREDELL COUNT Ys Obedient to a notice of the Clerk of Superior Court of Iredell County, N.C., upon which we accpeted service, we, the undersigned commissioners appointed to divide and allot in severalty the lands of the plaintiffs and defendants in this cause, containing 545 acres, more or less, assembbed on the premises in Turnersburg Township, Iredell County, N.C., on the 14th day of September, 1932, and after being duly sworn proceeded to partition the said lands among the said tenants in common, according to their respective rights and interests therein, and the following is our report of the same: OT NO. be To Mrs. Lacy Gaither, we do allot Lot No. 1 as shown by the map hereto attached, and described as follows: BEGINNING at an iron stake,Sills corner and also corner of Lot # 2; thence with Sills line South 4 deg. West 110-3/4 poles to a stone, his corner; thence South 86 deg. East 128 poles toa stone on the South side of the road, Godbey’s corner; thence with his line, South 3 deg. West 10-1/2 poles to a stone, his corner; thence with his line South 80 deg. East 13 poles to an iron stake corner of the school house lot; thence with the line of the school house lot North 14 deg. East 5-1/4 poles to a stake in the center of the hard surface road $901; thence with said road 188-1/4 poles to an iron stake in center of said road and corner of Lot # 2; thence with the line of Lot # 2 South 38-1/2 deg. West 20 poles to the veginning, containing 52 acres, more or less. LOT NO. 2. To F.B.Gaither, we do allot Lot Now 2 as shown by the map hereto attached, and described as follows: BEGINNING at an iron stake at the intersection of highway #901 and the Campbell Road and runs thence with the Campbell Road 34 poles to an iron stake on the line of Lot No. 5<E ‘T a e y R t T e y a oa *“ S I W and also corner of Lot #3; thence with the line of Lot No. 3, North 54 deg. West 18-3/4 poles to an iron stake and North 1 deg. East 100 poles to an iron stake on Montgomery's line; thence with Montgomery's line, North 86 deg. West 56 poles to a stone, Montgomery's corner; thence South 5-1/2 deg. West 167-1/2 poles to @ stone, Albea*s corner also Sills corner; thence with Sills line South 68 deg. East 60 poles to an iron stake corner of Lot #1; thence with the line of Lot #1 North 38-1/2 deg. East 20 poles to an iron stake in the center of highway #901; thence with said highway 6-1/2 poles to the beginning, containing 68-1/2 acres, more or less. LOT NO. 3. To. Maggie Gresham and Winnie Turner, we do allot Lot No. 3 &8 shown by the map hereto attached, to be held by them as tenants in common each having @ one-half undivided interest therein, and described as follows: BEGINNING at a large pine in the bend of the Campbeli road corner of Lot # 5 Es; thence with seid Campbell road South 79 deg. East 55-1/2 poles to an iron stake in said road and corner of Lot $ 4; thence with the line of Lot # 4, North 132 poles to an iron stake, corner of Lot #4; thence North 83 deg. West 42 poles to a stone, Montcomery's corner; thence with his line South 8 deg. West 64 poles to an iron stake and North 86 West 28 poles to an iron stake, corner of Lot #2; thence with the line of Lot #2, South 1 deg. West 100 poles to an iron stake and South 54 deg. Bast 18-3/8 poles to an iron stake in the Campbell road; thence with the Campbell road 28 poles to the beginning, containing 64 acres, more or less. LOT NO. 4. To May V.Brandon, we do allot Lot No. 4 as shown by the map hereto attached » &nd described as follows: BEGINNING at an iron stake in the Campbell road on the line of Lot # 5 D and corner of Lot # 3 and runs with the line of Lot # 3 North 132 poles to an iron stake, corner of Lot # 3; thence South 83 deg. East 75-1/2 poles to a stone, Campbell's corner; thence with his line, South 12 deg. West 87 poles to a stone, his corner and South 79-1/2 deg. East 70 poles to a stake near & persimmon, his corner; thence South 2-1/2 deg. East 20 poles to an iron stake in the Campbell road and corner of Lot #5 As; thence with the lines of Lot #65 A, 5 B, 5 C and 5 D 123 poles to the beginning, containing 73-1/4 acres, more or less. LOT NO. 5A. To Virgie Kinder, we do allot Lot No. 54, as shown by the map hereto attached, and described as follows: BEGINNING at an iron stake on the Campbell road, corner of Lot # 4 also Campbell's corner and runs with Campbell's line South 2-1/2 deg. East 67-1/2 poles to an iron stake, corner of Lot #6; thence with the line of Lot # 6 South 80 deg. West 48 poles to an iron stake, corner of Lot # 5 B; thence with the line of Lot # 5B North 6 deg. East 78 poles to an iron stake on the Campbell road; thence with said road, South 65 deg. East 37-1/2 poles to the beginning, containing 19-3/4 acres, more or less, ‘z a y y t e o “W w m *S I W LOT NO. SB. To Ula Wood, we do allot Lot No. 5B as shown by the map hereto attached, and described as follows: BEGINNING at an iron stake on the Campbell road, corner of Lot #54 and runs with the line of Lot # 54 South 6 deg. West 78 poles to an iron stake on the West side of the branch corner of Lot # 5 A and on the line of Lot # 6; thence with the line of Lot # 6, South 80 deg. West 37-1/2 poles to an iron stake, corner of Lot # 5 C; thence with the line of said lot North 40 poles to an iron stake and East 4 poles to an iron stake and North 58 poles to an iron stake on the Campbell road; thence with the Campbell road South about 86 deg. East 40-4/5 poles to the beginning, containing 17 acres, more or less. LOT NO. 5C. fo Edgar D.Gaither, we do allot Lot No. 5C, as shown by the map hereto attached, and described as follows: BEGINNING at an irons stake on the Campbell road corner of Lot # 5B; thence with the line of Lot # 5 B, South 36 poles,and West 4 poles to an iron stake and South 40 poles to an iron stake corner of Lot # 5B and on the’ line of Lot # 6; thence with the line of Lot # 6 South 80 deg. West 35 poles to an iron stake corner of Lot # 5D; thence with the line of Lot # 5D North 63-2/5 poles to an iron stake in the Campbell road, corner of Lot # 5D; thence with said road 39-1/4 poles to the beginning, containing 19 acres, more or less. ‘ LOT NO. 5D. To. R.B.eGaither, we do allot Lot No. 5D as shown by the plat hereto attached, and described as follows: BEGINNING at an iron stake on the Campbell road, corner of Lot # 5C; thence with the line of Lot # 5C South 83-2/5 poles ¢o an iron stake; corner of Lot # 5C and on the line of Lot # 6; thence with the line of Lot # 6 South 80 deg. West 37 poles to an iron stake corner of Lot # 5B; thence with the line of Lot # 5E North 83-1/2 poles to an iron stake on the Campbell road corner of Lot # 5Cs thence with the center of said Campsell road 37-1/4 poles to the beginning, containing 19 acres, more or less. LOT NO. 55. To Rex Booth, J.T.Booth,Jr., and Cecil Booth, we do allot Lot No. 5B, as shown by the map hereto attached, to be held vy them as tenants in common, each of them having a one-third undivided interest therein, and described as follows: * BEGINNING at an iron stake at the intersection of Highway No. 901 and the Campbell road, also corner of Lot No. 2, and runs with said highway No. 901 South 30 deg. East 34 poles to an iron stake center of said highway and corner of Lot # 6; thence with the line of Lot # 6 North 60 deg. East 35-1/2 poles to am iron stake, corner of Lot # 5D; thence with the line of Lot # 5D North 83-1/2 poles to an iron stake in the Campbell road corner of Lot €@ 5D; thence with the Campbell road South 79 deg. West 22-1/4 poles to a large pine in the bend of said road; thence continuing with the Campbell road 62 poles to the beginning, containing 22-1/4 acres, more or less. 6. LOT NO. To Thomas Gaither and Katherine Gaither, we do allot Lot Noe 6 a8 shown by the map hereto attached, to be held by them as tenants in common, each having a One-half undivided interest therein, and described as follows: BEGINNING at an iron stake in the center of Highway No. 901 and corner of Lot ; 5B, and runs thence with the lines of No. 5E, 5D, 5C, 5B, and 54 192 poles to an iron stake, Campbell's line; thence South 2-1/2 deg. West 10 poles to a stone, Campbell's corner; thence with his line South 85 deg. East 60 poles to 4 stake in the branch, his corner; thence South 3-3/4 deg. West 67-1/2 poles to an iron stake corner of Lot # 7; thence with the line of Lot # 7 South 83-1/2 deg. West 194 poles to an iron stake in the center of the highway § 901; thence with the said highway 86-1/4 poles to the beginning, containing 102 acres, more or less. LOT NO. 7. To W.C.Gaither, we do allot Lot No. 7 as shown by the map hereto attached, and described as follows: BEGINNING at an iron stake in the center of Highway No. 901 and corner of the school house lot and runs South 80 deg. o East 120-3/4 poles to an iron stake,Henry Heath’s corner in Be Godbey*s line; thence with Heath's line North 3-3/4 deg. East a 102-1/2 poles to an iron stake corner of Lot # 6; thence with the " line of Lot # 6 South South 83-1/2 deg. West 194 poles to an iron . stake in highway No. 901; thence with said highway 74-1/2 poles 2 to Godbey’s line( formerly the school house lot); thence with . said line North 14 deg. East 19-1/5 poles to an iron stake, and om thence South 80 deg. East 13 poles to an iron stake, and thence : South 4 deg. West 24-3/5 poles to the beginning, containing 81 2 : acres, more or less. s ot 3 We attach a map hereto showing the boundary, shape N © and number of the lot assigned to each or to each group of the Pi e s tenants in common in this cause. And we do further state that in our opinion the allotments made by us as hereinbefore set out are equal in value. This the Ag day of September, 1932. = Respectfully submitted, COMMISSIONERS. Ga i t h e r , M. E. , Mr s . 19 2 9 Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y y t e s “W w W oo " *“ S I W State of North Carolina, ;: CONFIRMATION OF REPORT OF Iredell County. 3 COMMISSIONERS. Fe. Be Gaither et al, -vVs- In the Superior Court, Before the Clerk. Maggie Gresham et al. It appearing to the Court that L.O.White, A.M.Gaither and B.L.Gatton, Commissioners, heretofore appointed by the Coust to devide the lands described in the petition in this cause among the tenants in coumon therein named, and to allot to each his share in severalty, filed their report in this Gourt on the 20th. day of September, 1932 specifying therein the manner of executing their trust and describing particularily the lands and parcels thereof divided and the share allotted to each tenant in severalty, and no objection being filed by the parties within twenty days thereof by law from the filing of said reports AND IT FURTHER APPEARING TO THE COURT that the petition so made and reported by said Coumissioners is just and fairs If IS THEREFORE DECREED BY THE COURT that said report be and the same is hereby in all respects confirmed, and it is further ordered that said report and the piat appended te en- rolled in the records of this Court, and that the same, together with this decree, be certified to the Register of Deeds for Iredell County and registered in his offices and that said ree port and this decree shall be binding among and between the said claimants their heirs and assigns. IT IS ALSO ADJUDDBB that the costs of this proceeding be paid by F.B.Gaithe:, -xecutor of Mrs. M.E.Gaither from whom the land is decended which shall te a voucher in hand for the settlewent of said estate. llth This the Bktak., day of 0c Q o h- ct as @ i} “W w a TO TH’ CLukK oF SUP<RIOR COURT oF Z:EDELL counry I here submit report of final Settlement of tie Estate of lrg, 4,i.Gaither is follovs Collections, Stock in Kale Mfg. Co, \ « 8 a a Intexest on above stock April 1,1930 ° ° « * Qe#..1 1930 9 Jr iel 19 31 * April 1 Oct. 1 2 ° April 1932 Note Due state from Arthur Kinder Rents Collected from Farm 1930/31/32/33 Sale of personal Property Cash on hand in Bank Defisiet Cash to Pay commission ) Paid out, Ri irs. Buleah Gaither (2g,..¢. { tit. ler WAC $500,00 Mr, 4eC.Gai ther a4 he oy “400,00 J.T .Gai ther Heirs * ( 400,00 Fb .Gaither " 400,00 Mires. Mac Brandon 400,00 rs, Lacy Gaither 400,00 “20. Ida Gaither Heirs 400,00 4eGe Gaither e 400,00 eG Gaither Note 200,00 Funeral <xpens.s. qt a, dio manent 37500 “@pair on Bldgs. 54932 Taxes 1 9277 »20 BR . : ° 1932 160,68 Paid on Divison of land expcnues : ~ecording ill Attorney fecs Income Tax Paid Kirse Sallauce due on 1932 Taxes - Due ¥.B.Gaither Advance to Bulecah Gaither xect commission £5 for Collecting 3324 9g " " 5% © Paying out 324,35 e ‘i e mane een I ¥.B,Gaither hereby certify tuat abeve is a true and final stateuent of: Collections and disbursexents, ef cash Collected And: paid out by me as iweantar af thea Mrs, M.E.Gaither ; This June 2,°1933 Ue : *Nie sp i o s e y on a n d gr e 40 o0 e 1 DU R " A P G L Z/ Ga i t h e r , M. E. , Mr s . 19 2 9 Q o® - ct wo 0) 5 “W w W ae *“ S I W NORTH CAROLINA, In the Superior Court IREDELL COUNTY. F. B. Gaither et al ) Vs. ' Maggie Gresham et al ] The order of John dis Milholland, Clerk of the Superior Court of Iredell County, confirming the report of the Commissioners in the above entitled proceeding, and all other orders and decrees therein made by the Clerk of the Superior Court of Iredell County are hereby, in all respects, ratified ana approved. This / L day of December, 1935, ge of the Fiftteenth Judicial District. es e ’ siimade en e a iitais sata ” r. Sa ude a Q om b- at i oO Kh NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Refore the Clerk F, B. Gaither, et als. -Vs- Maggie Gresham, et als. NOW COMES, J. T. Booth, Jr., Edgar Booth, and Willie Rex Barron, anc wife, Billie Mae Barron, and respect- fully show to the Court: atin Theat in the year 1932, a proceeding, as entitled above, was brought in the Superior Court of Iredell County, North Carolina, fsivision of the lands of which Mrs. M. #, Gaither owned at the time of her death. -2< Thst Mrs. Vera Booth, who was a daughter of Turner Gaither, deceased, died on the 19 day of Sept in the year __ 1919. : qr that Yerr Booth was entitled to an interest in the land of Mrs. M. &. Gaither, enc at her death her heirs were entitled to her interest; that Vera Rooth left survivines her, as her only heirs, her husband, ae Monroe Pooth and the following children: J. T. Booth, Jr., Sdgar Booth and Willie Rex That in the above entitled snecial proceedins, the children f Vera Booth are named in the proceeding as Rex Booth, J. T. Pooth, Jr., and Cecil Pooth; that this was an error as the children of Vera Rooth, living at that time, and who were entitled to her interest in the aforesaid jand e J.T. Booth, Jr., Edgar Rooth and Willie Rex @arron, and they are residents of the State of Mississippi, living near Greenville. whe That Rex Booth, named in the aforesaid proceeding, is the gauie person as Willie Rex Barron, he being a child by a marriage vrior to the marriage to Monroe Rooth; that until he was grown, Will Rex Barron went by the name of Booth. ‘z a u q t e ) “W w 7 *s 1 I W That Cecil Booth, who was named as an heir of Vera Rooth, born in the year 2912 and died in the year 1951; that his Inly heirs are the pet one } that Cecil Booth was never married; that Cecil Booth, Willie Rex Barron, Edgar Booth, and J. T. were the only children of Mrs. Vera Booth, and that there are no children of Mrs. Vera Booth dead who left any grand children except +t rs ) Booth, as above set bbs That Cecil Booth should not have been made a party in the aforesaid vroceeding, as he was dead at that time. proceedins That Willie Rex Barron, who is the 4th day of December in the year _ 1909 : nawe is Lillie Mae Barron. the ae day of and is not married. iforeseaid vroceedine, a tract of land, cribed as and one-fourth acres, ee + J f } more or fr. Booth, Jr., and Parron, of Mrs. were entitled tc the same. Vera Pooth, and they were the heirs ‘z o u a t e o “W w 63) *s i w Sa t a ie ee ae ee wits That these petitior hereby, accept the land allotted in the aforesaid proceeding, : q 52, as their share, and rati- approve the allotment and division made to the other heirs, in the aforesaid proceeding, and in all resvects do, hereby, ratify and approve the allotment and @ivision of the land in the aforesaid proceeding, but desire the error made in the proceedin-, in regard R to the names of the heirs of Mrs. Vera Booth , be corrected. That the oners file this petition, in order th: ‘ ae error that was made in the mes of the heirs of Mrs. Vera the aforesaid vroceedi 2 “8X petitioners pray the That ovetition be also treated as an afficavit, and 5 ‘ Rad the petition and affidevit recorded. gua ; : aasary to show ©. That such orders necessary to show B Footh are the sersons rarron the aforesaid specia) tt af sal 3. Thet such orders also be made as are necessary to snow + 9 Ponot? 2 ent lie Rex Barron, J. T. Booth, Jr., an igar Booth, acc al ‘r e y y t T e y <= ‘2 5 *“ S 1 I W 62 6 T In the Suverior Cout Before the Clerk DTnNa CONT TINIAN REDELL COUNTY. cahens AFFIDAVIT Mageie Gresham, et als. Mrs. Vera Booth, who was a County, North Carolina. , leaving 7,2 . . “dear Booth ® day and is not married. is not married. That Willie Rex Barron was born on the 4 day 1909 » and is married, ll That Wil , Barron is a child of Vera Booth by a marriage prior to the time Vera Booth was married to Monroe Booth, time he has gone by the name of Eooth, Q om - ct Zz oO i} °W le g *“ S I W eel as That a child by the name of Cecil Rooth, was born to this affiant and Mrs. Vera Booth, on the 17 day of Dec in the year 1912 __, and that Cecil Booth died on the 19 day i July in the year 1931 ; thet Cecil Booth did not marry and did not leave any heirs except Willie Rex Barron, Edgar Booth, J. T. Booth, Jr., and this affiant. ou n That the only heirs of Mrs. Vera Rooth are this affiant and her children, Willie Rex Barron, J. 7, Booth, Jr., and Edgar Booth ° W Liv 2 Bbttudkeror/ x Mewar 7S aatK Monroe BoQtnn~~p-s Subscribed and sworn to before me this 22 day of December 1938, tienen tseiaticeamestetine December,1938, Mrs L.N.Henry,Chancery Clerk & Ex-Officio Notary Public Tallahatchie gounty ,Migsissippi. BY DC. TI. My commission expires Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y y t T e s 1 om *s i I W NORTH CAROLINA, In the Superior Court IREDELL COUNTY. Before the Clerk F. B. Gaither, et als. Vs. Maggie Gresham, et als. This cause coming on to be heard, and being heard upon the veri- fied petition and affidavit thereto attached, and it appearing to the Court: ne That in the special proceeding entitled as above, brought in the year 1932 in the Superior Court of Iredell County, for the division of the lands of Mrs. M. E. Gaither, deceased, the heirs of Mrs. Vera Booth, who were entitled to her share, were named as Rex Booth, J. T. Booth, Jr., and Cecil Booth. aide That there was an error made in the names of the heirs of Mrs. Vera Booth in the aforementioned special proceeding, the heirs of Mrs. Vera Booth being J. T. Booth, Jr., Edgar Booth, and Willie Rex Barron. ae That the tract of land shown in the Commissioners’ report as Tract No. 5E, and allotted to Rex Booth, J. T. Booth, Jr., and Cecil Booth, was the share of the heirs of Mrs. Vera Booth which should have been allotted to Willie Rex Barron, J. T. Booth, Jr., and Edgar Booth, as they are the sole and only heirs of Mrs. Vera Booth. ~4- That J. T. Booth, Jr., Edgar Booth, and Willie Rex Barron and wife, Lillie Mae Barron, in the petition filed have accepted Tract 5£ in the Com- missioners’ report as the share of the heirs of Mrs. Vera Booth, and have ap- proved and ratified the division of the land as made by the Commissioners. ‘z e y y t e s “W w W ‘a = Kw n IT IS, THEREFORE, CONSIDERED, ADJUDGED AND DECREED, that J. T. Booth, Jr., Edgar Booth, and Willie Rex Barron are the sole and only heirs of Mrs. Vera Booth, and as such are entitled to Tract No. 5K, as shown in the report of the Commissioners. It is further ordered that the petition, affidavit, and this Order be recorded in the Special Proceeding Minute Docket of this Court, and that a notation be made on the special proceeding entitled as above, recorded in Special Proceeding Minute Docket No.20 + as pase / 44 re- ferring to the book and page where this petition, affidavit, and order are recorded. It is further ordered that this order be recorded in the office of the Register of Deeds of Iredell County, and that a notation be made on the report of the Commissioners and order of confirmetion recorded in Deed Book io. APF, 1 at pace JO7, referring to the book and page where this order is recorded. This the 4th day of January, 1939. are Yds oA of % perior Court of _ County. No r t h Ca r o l i n a , Ir e d e l l Co u n t y Fi l c & fo r re g i s t r a t i e n og e e J as O' cl e c k of De e d s —_ D e p u t y Ga i t h e r , M. E. , Mr s . ADVERTISING FURNISHED ON APPLICATION Credits | | a4 | | | _ —=|} “a o a — a= " — SU M M O N S BY PU B L I C A T I O N ! IR E D E L L CO U N T Y . IN TH E SU P E R I O R CO U R T . BE F O R E TH E CL E R K . Ga i t h e r , M Ga i t h e r «# V. Br a n d o n Br a n d o n , Mr s . i . Ha r r y Wo o d , R r an d wi f e , Ju l i a Ga i t h e r , Ed g a ai t h r an d wi f e , An g i e Ga i t h e r , Ki t t i e Ga i t h e r as Tr u s t e e fo r he r s e l f an d Th o m a s Ga i t h e r an d Ka t h e r i n e Ga i t h e r , PL A I N T ; F F S , —V E R S i s — | sg g i e Gr e s h s an d hu s b a n d , Ci a r e n c e ; ir e s h a ie Tu r n e r , Th o m a s Ga i t h e r , | Ka t h e r i i er , Mo n r o e Bo o t h , Re x | to o t h , an d wi f e , Mr s . Re x Bo o t h , J. T. Bo o t h , Jr . , an d Ce c i l Bo g t h , DE F E N D A N T S , SU M M O N S BY PU B L I C A T I O N ! la n t s , Ma e g i c Gr e s h a m , nn i e Tu r n e r , Mo n r o e Bo o t h , th , Mr s . Re x Bo o t h , J. T. Bo o t h , Jr . , Bo o t h , wi l l ta k e no t i c e th a t an ac t i o n le d iu s ab o v e ha s be e n co m m e n c e d in th e Su p e r i o r Co u r t of Ir e d e l l Co u n t y , N th e pu r p o s e of pa r t i t i o n i n g la n d s Ir e d e l l Co u n t y , in wh i c h th e pl a i n t i f f s de f e n d a n t s ar e te n a n t s in co m m o n , be i n || la n d s wh i c h Mr s . M. E. Gu i t h e r wa s | at th e ti m e of he r de a t h an d wh i c h wa t . vi s e d by he r in he r la s t wi l l an d te s ‘ a an d in wh i c h la n d s th e de f e n d a n t s ka k e || in t e r e s t , an d th e sa i d de f e n d a n t s w re - th e r no t i c e th a t ea c h of th e m Cl e r k d to ap p e a r at th e of f i c e of A. Cc . f Su p e r i o r Co u r t of Ir e d e l l ou n t y ¢ . , on tj np AILY opr. STATESVILLE, N. C. VILLE D lf eh srl icansialherenini fo r th e re l i e f Th i s th e Is t da y of Au g u s t , 19 2 2 : JO H N L. MI L H O L L Cl e r k Su p e r i o r C+ Au g . Subscription Price ONE YEAR SIX MONTHS ONE MONTH SINGLE Copy 1 Month STATE OF NORTH CAROLINA—IREDELL COUNTY. The foregoing instrument was this day proven before me by the oath and e xamination of , the ‘Z e y u 4 t e s this certificate be registered. “W w W Witness my hand and a) | Clerk Superior Court. *S I W Ga i t h e r , M. E. , Mr s . 19 2 9 ‘z a y q t e s “W w W - o% *“ S I W State of North Carolina, Iredell County. I hereby certify that Superior Court of Law. * said County, and he attended thereon days at $3.00 per diem, to be allowed him Act of Pf C \ < This Tiek - ih 52 , Ae To Treasurer of Iredell County: Af Term, 19 was returned to this Court as a JUROR for the according to Ga i t h e r , M. E. , Mr s . 19 2 9 © EB. = > oO . = ns LS 6 l See a 4:25 Of - 5-o7 Li1z- 553 AWMMCATION FOR LETTERS TESTA ‘ARY a0 IN THE MATTER OF THE WILL OF IREDELL COUNTY:—IN THE SUPERIOR COURT M. F. Gaither Before Cc G Smith -. C.S.C. Mrs Margaret Gaither M F Geither 17th day of July ; 19.97, having first made and published__ her age Will and Testament and that Mrs Margaret Gait her being duly sworn, doth say: late of said County, is dead, having died on the is the exeeutor named therein. Further, That the property of the said M F Gaither Real Estate $ and that consisting of ~ and Personal Property $ so far as ean be ascertained at the date of this application; NAME AGE (If Minor) RELATION ADDRESS Mrs Margaret Gaither widow Statesville, NC are the parties entitled under said Will to the said property. Sworn to and subsgtibed before me hie TP te ; (, ie TA ws MO gor SO LE xecut Pix of Xf Vasa ical 19 57 Rt #2 Wilkesbir Ra —<,. Clerk Superior Court. Address Statesville, NC OATH OF EXECUTOR STATE OF NORTH CAROLINA SS.—IN THE SUPERIOR COURT. IREDELL COUNTY I, Mrs Margaret Gaither do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of M F Gaither 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 | will discharge according to law, to the best of my skill and ability. So help me God. Subscribed and Sworn to before me this _26 ( ff hy, TY Mee ou day of HX muy’ qd il 1997 ; 4 2 ee 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 cu b a sa s 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 in 2 CO U N T Y . NA M E OF RE P R E S E N T A T I V E _ HE oO fa AD D R E S S .4 4 NA M E OF AT T O R N E Y AD D R E S S 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 NO T E : 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 oe Ba n k de p o s i t s ° 2. Ba n k de p o s i t s Na m e of Ba n k 3. 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 ) 4. Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e S. In t e r e s t ow n e d in an y bu s i n e s s In s u r a n c e Pa y a b l e to Es t a t e in s u r a n c e Pa y a b l e to Be n e f i c i a r i e s _ $ &. Mo r t g a g e s an d No t e s 9. Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m pr o d u c t s 10 . Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e '3 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. -- - ~ ~~ ~ $e ue c e 12 . Re a l Es t a t e lo c a t e d ou t s i d e N. C. sf r/ 13 . TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S — § te ly CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s gf th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th e mo n t h of + Cl e r k of Co u r t 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 ’ DL r 7 i ai Ad m i n i s t r a t i o n ( ) _. _. ff . fo . Ee a. . . Ex e c u t o r s h i p (4 7 9 Ga i t h e r , M. F. 19 5 7 U.S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE OFFICE OF THE DISTRICT DIRECTOR Greensboro, North Carolina IN REPLY REFER TO C:DAR:SP:DCB/lika November 26, 1957 Clerk Superior Court County of Iredell Statesville, North Carolina In res: M. F. Gaither, Deceased 1957 Statesville, N. C, Mrs. Margaret Gaither, Administratrix Dear Sir: Attached is a copy of proof of claim filed by this office, today, with the Administratrix against the above captioned for outstanding Employer's Quarterly tax liability for the year 1955 and quarters ended June 30 and September 30, 1956 in total amount $229.01; plus additional interest, as asserted thereon, Please make these papers a part of the file in connection with the administration of the estate of M. F. Gaither, deceased, Very truly yours, P. K. Sanders, District, Director (/ ie 2 ) , / By: ‘H-ed’ C, Arran tH ‘David C. Braswell, Chief, Special Procedures Section. ‘A W ‘o y e D LS 6 l @ U. S. TREASURY DEPARTMENT—INTERNAL E SERVICE Foam 2317 | PROOF OF CLAIM FOR INTERNAL REVENUE TAXES FoR THE COUNT? OF TRRDELL, H. Co IN THE MATTER OF: DOCKET NO, ............----------eoeeoeeeneeneeoveosteseen DOCEDERT ESTATE Me F. GATTHER, Decensed 1957 TYPE OF PROCEEDING t/a ¥. F. Gaither & Sans Gusteenttin, fo % CLAIM OF THE UNITED STATES FOR INTERNAL REVENUE TAXES The undersigned officer of the Internal Revenue Service, a duly authorized agent of the United States in this behalf, being duly sworn, “ie cotate of M. F. GATTHER, decvased 29.01 is justly and truly indebted to the United States in the sum of with interest thereon as hereinafter stated; 2. The said debt is for taxes due under the internal revenue laws of the United States as follows: KIND OF TAX AND PERIOD AMOUNT DUE REMARKS DATE TAX LIEN AROSE WrarTCa 3/55 thru 12/55 $ 21.73 ® Oet 8, 1957 Tater st te 11926057 20% WIGFICA 2956 0.00 Penel 13.9% @ 14, 1996 ee, 1.26 ia WraFICA 3056 177.77 ® New 15, 1956 Interest te 11-26-57 19.43 "Plus interest en this axount at 6% per anum from Nev. 27, 1957 to date of paynent. . No part of said debt has been paid and the same is now due and payable at the Office of the District Director of Internal Revenue; . There are no set-offs or counterclaims to said debt; . Except for the siatutory tax liens which arose on the dates above stated, the United States does not hold, to the deponent’s knowledge or belief, any security or securities for said debt; . No note or other negotiable instrument has been received for said debt or any part thereof, nor has any judgment been rendered with respect to said debt; and . Said debt has priority and must be paid in full in advance of distribution to creditors as and to the extent provided by law: IN BANKRUPTCY ACT PROCEEDINGS see Sections 64, 77e, 199, 337(2), 455, and 659 of the Bankruptcy Act (11 U.S.C. 104, 205(e), 599, 737(2), 855, and 1059), IN OTHER PROCEEDINGS see Section 3466 of the Revised Statutes (31 U.S.C. 191). Also, attention is invited to Section 3467 (31 U.S.C. 192) with respect to the personal liability of any executor, administrator, or other person who fails to pay the claims of the United States in accordance with their priority. SUBSCRIBED AND SWORN TO BEFORE ME THIS a cc eS DAVTD C. BRASWELL Chief, Special Procedures Section (Room 300) ____ Office of the District Director of Internal Revenue “TITLE “ADDRESS _ LOUISE S$, POBINSON, Notary Publie P. 0. Box 1978 WG ne ee hee. oer Le ree Rc Rabe meee AMET | coameeer 1a , Greenstoro, a. Ce U. S. GOVERNMENT PRINTING OFFICE : 1957—-O-417486 Greensboro, “orth Carolina CaDARsSPs DCB/Lin November 26, 1957 Clerk S perior Court County of Iredell Statecville, ‘orth Carolina In ret M. Fe Gaither, Deceased 1957 Statesville, ‘N.C. Mrs. Margaret Gaither, Administratrix Dear Sirs Attached is 2 copy of proof of claim filed by this office, today, with the Adrinistratrix against the above captioned for outstacding Prployer's Quarterly tax liability for the year 1955 and quarters ended June 30 and September 30, 1956 in total] amount $229.01; plus additional interest, as asserted thereon, Please make these papers 4 pert of the file in connection with the administration of the estate of '. F. (nither, deceased. Very truly yours, P. *. Sanders, District Director Bys David ©. Praswell, Chief, Special Procedures “ection. U. S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE DISTRICT DIRECTOR GREENSBORO, NORTH CAROLINA IN REPLY REFER TO May 21, 1958 C:DAR:SP:DCB/1km Clerk Superior Court County of Iredell Statesville, North Carolina In re: M. F. Gaither, Deceased 7-17-57 t/a ™. F. Caither & Sons Statesville, N. C. Mrs. Margaret Gaither, Administratrix Dear Sir: Enclosed is a copy of proof of claim filed by this office, today, with the Administratrix against the above named for outstanding Erployer's Quarterly tax liability for the querter ended December 31, 1956 in total amount $65.18; plus additional interest as asserted thereon. Please make these papers a part of the file in connection with the administration of the estate of M. F. Gaither, deceased. Very truly yours, P. K. Sanders, District Director / tae a / By: L ‘f.-td Catt David C. Braswell, Chief, Special Procedures Section. -@- U. S. TREASURY DEPARTMENT—INTERNAL E- SERVICE fk AY PROOF OF CLAIM FOR INTERNAL REVENUE TAXES IN THE MATTER OF: DECEDENT ESTATE . Me Fe GATTHER (Dee "a Jol 2m?) TYPE OF PROCEEDING T/A. F. GAITHER & SONS Bt. 2, Statesville, H.C. CLAIM OF THE UNITED STATES FOR INTERNAL REVENUE TAXES The undersigned officer of the Internal Revenue Service, a duly authorized agent of the United States in this behalf, being duly sworn, deposes and says that: the est=te cof M. Caither, is justly and truly indebted to the United States in the sum of with interest thereon as hereinafter stated; 2. The said debt is for taxes due under the internal revenue laws of the United States as follows: KIND OF TAX AND PERIOD AMOUNT DUE REMARKS DATE TAX LIEN AROSE Withholding & FICA 4456 B40.45 * May 9, 1958 Interest to 5821056 4eT3 *Flus interest on this smount at 6% per annum from 5=22=58 to the date of payrent. . No part of said debt has been paid and the same is now due and payable at the Office of the District Director of Internal Revenue; . There are no set-offs or counterclaims to said debt; . Except for the statutory tax liens which arose on the dates above stated, the United States does not hold, to the deponent’s knowledge or belief, any security or securities for said debt; . No note or other negotiable instrument has been received for said debt or any part thereof, nor has any judgment been rendered with respect to said debt; and . Said debt has priority and must be paid in full in advance of disiribution to creditors as and to the extent provided by law: IN BANKRUPTCY ACT PROCEEDINGS see Sections 64, 77e, 199, 337(2), 455, and 659 of the Bankruptcy Act (11 U.S.C. 104, 205(e), 599, 737(2), 855, and 1059), IN OTHER PROCEEDINGS see Section 3466 of the Revised Statutes (31 U.S.C. 191). Also, attention is invited to Section 3467 (31 U.S.C. 192) with respect to the personal liability of any executor, administrator, or other person who fails to pay the claims of the United States in accordance with their priority. SUBSCRIBED AND SWORN TO BEFORE ME THIS eo DAYTD C. KRASWELL TITLE CaTe¥, SPSCIAL PROCEDUPES sEcrIom Office of the District Director of Internal Revenue ADDRESS P. 0. Box 1978 Greensboro, N. C. U. S. GOVERNMENT PRINTING OFFICE : 1957—O-417486 May 21, 1958 CsDARsSP: DCB/lim Clerk Superior Court County of Iredell Statesville, North Carolina In res M. F. Gaither, Deceased 7-17-57 t/a’. F. “aither & Sons Statesville, N. C. Mrs, Margaret Caither, Administratrix Dear Sir: Enclosed is a copy of proof of clair filed by this office, today, with the Adrinistratrix against the above named for outstanding Grployer's .uarterly tax liability for the querter ended Uecember 31, 1956 in total amount $65.18; plus additional interest as asserted thereon. Plenace make these papers a part of the file in connection with the adrin'stration of the estate of ). F. Gaither, deceased. Very truly yours, P. K. Sanders, District Director By: David C. Praswell, Chief, pecial Procedures Section. © =¥ = i oO . = o LS 6 l U. S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE DISTRICT DIRECTOR GREENSBORO, NORTH CAROLINA IN REPLY REFER TO August 6, 1958 CsDARsSP:LR/Lim Clerk Superior Court County of Iredell Statesville, North Csrolina In res M. F, Gaither, Deceased 7-17-57 Statesville, "N.C, Mrs. Margaret Gaither, Administratrix Dear Sirs We are herewith transmitting a copy of proof of claim filed by this office, today, with the Administratrix ageinst the above-named estate for o tstanding joint 1957 income tax liability in total amount 18.97; plus additional interest, &S asserted thereon, Please make these papers a part of the file in connection with the administration of the estate of M. F, Gaither, deceased, Very truly yours, r. K. Sanders, District Director Marshall P, Claiborne, Assistant Chief, Delinquent Accounts and Returns Franch, —-@- U. S. TREASURY DEPARTMENT—INTERNAL SER WORM 2317 oer PROOF OF CLAIM FOR INTERNAL REVENUE TAXES IN THE MATTER OF: ° MM. ¥. GAITHER, DECPASED 7-17-57 Wiikesbere Read Statesville, 8. C, CLAIM OF THE UNITED STATES Taxpayers: . F. (Dee *a) & Margaret M. Gai FOR INTERNAL REVENUE TAXES Wilkesboro Riles Ratesvilie, u. The undersigned officer of the Internal Revenue Service, a duly authorized agent of the United States in this behalf, being duly sworn, deposes and says that: 1... the estate of HM. F, Gaither is justly and truly indebted to the United States in the sum of seteneennens-o os UB GF with interest thereon as hereinafter stated; 2. The said debt is for taxes due under the internal revenue laws of the United States as follows: KIND OF TAX AND PERIOD AMOUNT DUE REMARKS DATE TAX LIEN AROSE $18.99 ¢ Jul 25, 1958 238 amount (338.99) at the rete of 6f por anum fren © S. —_- 9 o ." = 7 LS s 6 l . No part of said debt has been paid and the same is now due and payable at the Office of the District Director of Internal Revenue; . There are no set-offs or counterclaims to said debt; . Except for the statutory tax liens which arose on the dates above stated, the United States does not hold, to the deponent’s knowledge or belief, any security or securities for said debt; . No note or other negotiable instrument has been received for said debt or any part thereof, nor has any judgment been rendered with respect to said debt; and . Said debt has priority and must be paid in full in advance of distribution to creditors as and to the extent provided by law: IN BANKRUPTCY ACT PROCEEDINGS see Sections 64, 77e, 199, 337(2), 455, and 659 of the Bankruptcy Act (11 U.S.C. 104, 205(e), 599, 737(2), 855, and 1059). IN OTHER PROCEEDINGS see Section 3466 of the Revised Statutes (31 U.S.C. 191). Also, attention is invited to Section 3467 (31 U.S.C. 192) with respect to the personal liability of any executor, administrator, or other person who fails to pay the claims of the United States in accordance with their priority. SUBSCRIBED AND SWORN TO BEFORE ME THIS pee —_______MARSHALL P, CLAIBOV@MB TITLE Apaictant Chief, Delinquent Accounts @ Returns Office of the District Director of Internal Revenue P. G. Bex 1976 Greensboro, B. C. ADDRESS U. S. GOVERNMENT PRINTING OFFICE : 1957—O-417486 August 6, 1958 CsDARsSPsLR/lkm Clerk Superior Court County of Iredell Statesville, North Carolina In res M. F. Gaither, Deceased 7-17-57 Statesville, ". C. Mre. Margeret vaither, administratrix Dear Sirs We sre herevith tranamitting a copy of proof of claim filed by this office, today, with the Adminiviratrix against the aboveenared estate for o tatanding joint 1957 income tax liability in total amount $18.97; plus additional interest, as asserted thereon. Please rake these papers a pert of the file in connection with the administration of the estate of M. F. “Gaither, deceased. Very truly yours, P. K. Sanders, District Director Bys Marshall P. Claiborne, Ascistant Chief, Delinquent Accounts and Returas Branch. ‘A W “0 4 u e H _ \o wm — 6 U. S. TREASURY DEPARTMENT INTERNAL REVENUE SERVICE DISTRICT DIRECTOR GREENSBORO, NORTH CAROLINA Jenuary 29, 1959 IN REPLY REFER TO 5103LK/SL ne Clerk of Superior Court Iredell] County Ce Qn teeville, North Curolina In ret M, F. Gaither, Deceased: 7/17/57 Administratrix: Margaret Gaither Wilkesboro Rd, tatesville, WN. C, The captioned probate proceeding has been pending in excess of one year and the District Director has been unable to secure any recent res:onses from stratrix as to when she expects to present her final acccunt and case to be terminiated. We have outstanding Federal taxes claimed against the decedent, and information which arose early in the case file indicates thet the Administratrix alleges that the estate has no assets, Before we shall be in a position to dispose of the tax obligation it will be necessary that this fact be sup orted by the Administratrix' final account as submitted and approved by you, Accordingly, we request that you inform us whether or rot Mrs, Gaither has filed the final accounting with you and, if so, whether it has been accepted and shows thet the estate was insolvent and no funds were eveailshle for the ax liability. If this proceeding has not been officially terminiated, is intention to contact the Administratrix in the matter? We do not © impose on you in this connection, but any information which you can sh us on the present status of the prohate proceeding will be very much If it will be more convenient for you to reply, s& memorandum feee of this letter will be sufficient for our needs, Kindly direct your reply to Special Procedures Section, symbols 510, Very truly yours, LY if hat Som akh Gilbert Smith, Chief Delinquent Accounts & Returns Branch oY hw 4 ~ te = => —_ oO = ’ _ = "ST LS 6 l January 30, 1959 Mr. Gilbert Smith, Chief Delinquent Accounts & Returns Branch Internal Revenue Service Greensboro, North Carolina 5103LR/SL Estate of M. F. Gaither. Dear Sir: I have your letter in regard to the administration of the above entitled estate. The Executrix of this estate has not filed a final accounting. However, I am writing her today to have her reports prepared and filed at once. As soon es the reports are filed, I will give you the information requested. Yours truly, C. G. Smith Clerk Superior Court CGS: rhm Jnauary 30, 1959 Mrs. Margaret Gaither Route # 2 Wilkesboro, Road Statesville, Ne Ge Dear Mrs, Gaithers You were appointed as Executrix of the estate of your husband, M, F, Gaither on July 26, 1957, and according to my records, you have not Tiled an inventory which is required within 90 daysafter your appointment, Neither have you filed an annual accounting as required by law, It is necessary that these reports be filed at once, If you will go to your attorney's office with the bills that you have paid, he can prepare the reports for you, Yours very truly, Ce. G. Smith Clerk Superior Court No. 57-B-—INVENTORY—EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co., Raleigh—Si=vi0s9 THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION NORTH CAROLINA ..-COUNTY IN THE SUPERIOR COURT—BEFORE THE CLERK IN THE MATTER OF ESTATE OF M F wuaither Minor leceased INVENTORY Clerk Superior Court: I, we, the undersigned Executrix .of the above do hereby certify the following to be a true and perfect inventory of the assets of said estate, which have come into my hands or the hands of any person for me, as named estate, , Of said estate, to wit: 2 5. co > oO a) = mi LS 6 l Sworn to and su Oe y/ Of . oe _ Clerk Superior Court. By .. Ex r . , Ad m ’ r . , Gd n . to w s a n s @ BR O U G H T O N Co . , Ra c a c e e —— - 9 - 5 7 — 3 M — 2 L 7 1 1 0 - — 1 0 8 9 Ga i t h e r , M. F. 19 5 7 o 5. - > Q . = ™ LS 6 l f 2535 © £7 -2F- 362 No. 57-A—Annual Account—Executor, Administrator, Guardian Edwards & Broughton Co., Raleigh THIS MUST BE FILED AT THE EXPIRATION OF ONE YEAR AFTER QUALIFICATION NORTH CAROLINA Irede 11 COUNTY In the Superior Court—Before The Clerk IN THE MATTER OF ESTATE OF [ Minor Deceased Z i Executor, Asvoimistxatex Guexsier A ACCOUNT C u Smith , Clerk Superior Court: I, we, the undersigned Executrix of the above named estate, do hereby certify the following to be a true and exact report covering the receipts and disburse- ments of all moneys that have come into my hands or the hands of any person for me belonging to the above- named estate~fer ¢he- year heginningthe » Own. and ending the. Money on hand as per inventory Received of...... J ists Cetaaale belief. periof Court. The foregoing account has been audited, the vouchers submitted in support thereof examined, and the account is hereby approved and confi der, be PocZ filed. This, the rn. hd eM Clerk Super r Court. "J O a3 e } s q ‘u p s “1 , U p y “I x d JO p1 O d 9 UT pa p s 0 s 0 x z y LN N O O O V TV O N N V Z9 S e e — I W E — 9 S - 2 — V - L E — 0 D UO W Y Z N o I g F sp r e M p g ‘y a n o | d Jo t e d n g ys 1 a [ D o 5. - > @ Pd = ™ LS 6 l FOR THE GUIDANCE OF THE ADMINISTRATOR, EXECUTOR OR GUARDIAN Every executor, administrator and collector, within three months after his qualification, shall return to the clerk, on oath, a just, true and perfect inventory of all the real estate, goods and chattels of the deceased, which have come to his hands, or to the hands of any person for him, which inventory shall be signed by him and be recorded with the clerk. He shall also return to the clerk, on oath within three months after each sale made by him, a full and itemized account thereof, which shall be signed by him and recorded by the clerk. Revisal of 1905, section 42. Every executor, administrator and collector shall, within twelve months from the date of his qualification or appointment, and annually so long as any of the estate remains in his control, file in the office of the Clerk of the Superior Court, an inventory and account, under oath, of the amount of property received by him, or invested by him, and the manner and nature of such investment, and his receipts and disburse- ments for the past year in the form of debit and credit. He must produce vouchers for all payments. The clerk may examine, on oath, such ac- counting party, or any other person, concerning the receipts, disbursements, or any other matters relating to the estate; and having carefully revised and audited such account, if he approve the same, he must endorse his approval thereon, which shall be deemed prima facie evidence of correctness. Revisal of 1905, section 99. DISBURSEMENTS AS PER VOUCHERS ’ "OLY eS WO Ein a a ea acces NM, FF sii bde ed csdibeesdtesceicsb osbnsciebusicaeneicch decesnbeeadebobciensemnesslbccescetrlg $ PRI: PRR I oii ee Me ee is isid ced chp snc ceedctindss socncies cecsrivecseusactuccs iaslebineataerpcadelocsesigcians $ WW ‘2 0 2 5 9S 6 l . -' 5 4 . Mee. Gayl Page J0¥ app@ rion ror Letters oF ADMINIS@#TION STATE OF NORTH CAROLINA, IREDELL COUNTY—In THe Superior Court. In the matter of the Administration of the Estate of M. M. Gaither Wm D. Gaither na. _...Wm_D Gadther___________is the proper person entitled to Letters of Administration on the estate of the _........MM Gaither Further, That the value of said estate, so far as can be ascertained at the date of this application, is about $ Real Estate, and $. 2300.00 _Personal Property, and that the persons entitled as heirs and distributees thereof are as follows: NAME AGE (If Minor) RELATION ADDRESS Mrs Ellen Gaither widow Harmony, NC #1 Henry Gaither son Baltimore, Md Roy Gaither son " Mrs. Ruth Cain daughter Hamptonville, NC #1 Wilbur Gaither son Harmony, N C William D Gaither son Greensboro, N C Mary Alice Hughes Baltimore, Md OATH OF ADMINISTRATOR STATE OF | NORTH CAROLINA, SS.—In the Superior Court. IREDELL COUNTY 1,.......Wm D_ Gaither _ , do solemnly swear (or affirm) that I believe that M M Gaither . 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_._. M M Gaither , and a true and and perfect inventory thereof return as provided 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. as bh Litt QO hatte, Administrator. Ag.5 sl 305 Euclid st EX cs c. Address ‘W W “u t e 99 6 1 -?" © 6 <cemmeerssnuansuseeeetnanemtaaiceentai TL LL AIO eS SS aS No. 414. RENUNCIATION OF RIGHT TO ADMINISTRATION. Edwards & Broughton Co., Raleigh NORTH CAROLINA l Iredell Counry. \ SUPERIOR COURT—BEFORE THE CLERK. InN THE MATTER OF THE ADMINISTRATION OF THE ESTATE OF \ RENUNCIATION OF RIGHT TO M. M. Gaither ADMINISTRATION es a£.G Smith Sci hcactelGodessbacuaucsiaresestncd Clerk of the Superior Court of right to administer upon the estate of the said , deceased, in favor Ne Ne cdlei ae aeel , and respectfully ask ‘W W “9 4 R D 9S 6 l IN THE MATTER OF THE ESTATE Deceased. No. 414—3M—4-49—195609 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 Fo r m A- 1 0 4 IN H E R I T A N C E Ta x Di v i s i o n (R e v i s e d 4- 5 4 ) RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T NA M E OF ES T A T E : CO U N T Y . NA M E OF RE P R E S E N T A T I V E AD D R E S S ; NA M E OF AT T O R N E Y AD D R E S S NO T E : Se c t i o n 20 of Ar t i c l e on e of th e Re v e n u e Ac t re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . A fi n e of $1 0 0 . 0 0 is pr o v i d e d fo r th e Fa i l u r e to fi l e th e s e re p o r t s PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T NA M E | AG E RE L A T I O N S H I P Ba n k de p o s i t s Ba n k de p o s i t s Mo r t g a g e s an d No t e s Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m pr o d u c t s Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e 1 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. } ' | + | i 4 ' 12 . 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 i CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co v e r s th e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th e we e t Gf 5 a he Re ci e s 19 5 . — Cl e r k of Co u r t 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 (9 % Da t e Ex e c u t o r s h i p ( ) Ga i t h e r , M. M. 19 5 6 WW “2 0 u H I e D INVENTORY OF SAFETY DEPOSIT BOX NUMBER 209 9S 6 1 IN THE NAMZ OFs Me Me Gaither BANKS Merchants & Farmers Bank DATE TAKEN: April 13, 1956 WITNSSSES3 re. Ellen K. Gaither C. Ge Smith, CSC Ue Se Savings Bonds Series ¢ 1 25 7/55 Moody M. 1 50 7/55 or 6 7/55 Mrse Ellen K. Gaither 2 25 7/ 5% 10 50 7/ 5k e 100 7/ 5k Fire insurance Policy on dwelling and contents This the 13th day of April, 1956. ‘W w ‘W ‘r o y y t e y 9S 6 1 Seow Yr Bm ittho + Arar CKO eis Pia. Ch Ae as . i pens tlw cian wea: Moss a ee A Yew WY. g; = CLE 3 Atp Qy el Pole pie VLMNMA cae Q 2 -cljju mS Je ioe if + es os “hae A pss Ax - arene em) 0 ee dep Lrw a cand Telling {La On J crf 7 ers dary “ft re Uae kd, jy ® Bee of SoS EC ualcd S, Mirrdors , yn “id y WY LZ In thea A ' Lotate WC W “o u i t e y 99 6 1 <7 4-/96 CSC No. W-1—WIDOWS APPLICATION FOR YEAR'S SUPPORT. STATE QF NORTH CAROLINA, h Gr — Administrator of_ Wile Hack The undersigned, widow of the said_ f -» being entitled to a Year’s Support for herself and family, of Assembly, prescribed by Act Dated dee © Vide Bde N— Loe » Widow 0 = STATE OF NORTH CAROLINA, T ecole Township P6255 yo In accordance with the above request, the undersigned, / administrator (or widow) of the On » deceased, respectfully asks that you will summon two disintere as Commissioners, who shall, after bejrp b sted persons (qualified to act as jurors), y yeu duly, sworn to act impartially, together with yourself, ascertain the number of the family tt LY. Se ee crop and provisions on hand, and assign to her so much thereof Should there be a deficiency o as is allowed by law, and put her in possession of the same. f such crop, stock or provisions for said purpose, you are respectfull deficiency, stating the amount thereof, to be y requested to order such made up from the personal estate of said deceased. This. ZZ i retecinAiabateks. ---- 19h the said widow, and examine the stock, nda County—GREETI You are hereby commanded to summon... latter _$- BA to be and appear at the residence of. Tgwnship, on_the- AD... of Ly in laying off and assigning waa blll MoccZ. » in said fabistarcavebal ibe f deceased, a Year’s Su Dated this__ Lt C tiaciche* - ye --------, Justice of the Peace For Township WAIVER OF SERVICE BY AN OFFICER We. the commissioners named above, do hereby accept service of the foregoing summons, and do hereby waive service of same by an officer. day ot. JA EA oid aki a) ; in G 4-54—3,000—16626 a Form 342—REPORT OF COMMISSIONERS ALLOTTING WIDOW'S YEAR'S SUPPORT WW “y e y Edwards & Broughton Co., Raleigh—O-88 TOWNSHIP 9S 6 l The undersi duly summoned and sworn, hereby assign and allot to.. widow of ALN. LUA < eee property of the value annexed, to wit: We also find, upon examination, that the number of the of age, exclusive of herself, is family of the said widow, under fifteen years esas cscececcs There being a deficiency of the articles on hand to i THS. ; make up the year’s support, we assess such deficiency at E Dollars, to be paid by the personal representative. sed, and $250 addi- ioners shall make and ficiency to be ama by one to the personal representativ , and Clerk of the Superior Court of the rsonal representative, to be paid when ow. In case there be no stock, crop or om the personal property of the de- est the said property in the widow and or the widow is administratr x, the widow may IN TH E MA T T E R OF De c e a s e d . CO M M I S S I O N E R S AL L O T T I N G YE A R ’ S SU P P O R T Fo r m 34 2 — 2 M — 6 - 5 5 — 2 0 2 6 7 Ga i t h e r , M. M. 19 5 6 << WW “0 u e D 99 6 1 duly summoned and sworn, doh widow of. db... LU. OOM. Me Reece property of the value annexed, to wit: JO See Baga. Fis Ke aaa pak nae eit twe anes decabishasn da aedisodecibin, Mi bk Valued at We also find, upon examination, that the number of age, exclusive of herself, is... of the family of the said widow, under fifteen years EAS There being a defi make up the year’s support, we assess such deficiency at... Dollars, to id by the personal representative. ciency of the articles on hand to NOTE: The widow is entit] tional for each member of th sign three lists of articles assi the personal representative. O one returned by the Justice, of the county, who shall file and to be paid when case there be no stock, crop or personal property of the de- d ‘ i vest the sa ght to collect said debt. Where the id property in the widow and re is no or the widow is administratrix, the widow may apply to the Justice.—Revisal, secs, 3092, 3093, 3098. ha c . A- / P a IN TH E MA T T E R OF De c e a s e d . RE P O R T OF CO M M I S S I O N E R S AL L O T T I N G YE A R ’ S SU P P O R T Fo r m 34 2 — 2 M — 6 - 5 5 — 2 0 2 6 7 Ga i t h e r , M. M. 19 5 6 W W “u e D 9S 6 1 No. 57-B—INVENTORY—EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co., Raleigh—-51—1089 THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION NORTH CAROLINA - IN THE SUPERIOR COURT—BEFORE THE CLERK IN THE MATTER OF ESTATE OF M. M. Gaither I, we, the undersigned of the above named estate, do hereby certify the following to be a true and perfect inventory of the assets of said estate, which have come into my hands or the hands of any person for me, as. , of said estate, to wit: Merchants & Farmers Bank fits Lracte/) hake) é 3 Pores Wl hc... 19<5. -a am Exeowtor, Administrator, Geerdtan. ~ Mihara bE hlatBt? bas aan ie Co w a n v s @ BR o v G H T O N Co . , RA L E I O N —7 - 5 4 — 3 M — 1 7 5 3 9 — 1 0 8 9 Ga i t h e r , M. M. 19 5 6 ‘W W “2 u t t e D 95 6 1 © No, 57-A—Annual Account—Executor, Administrator, Guardian Edwards & Broughton Co., Raleigh THIS MUST BE FILED AT THE EXPIRATION OF ONE YEAR AFTER QUALIFICATION NORTH CAROLINA ee iets in IN THE MATTER OF ESTATE OF By CMME tw. EL. KAasthe-) wnnenseneeereneneeareees a In the Superior Court—Before The Clerk teem | eg ay Executor, Administrator, Guardian , Clerk Superior Court: I, we, the entities alone Bie atat hnttnteontasvipncensentnbnesiliteasbhoninieiiocaicassina’ of the above named estate, do hereby certify the following to be a true and exact report covering the receipts and disburse- ments of all moneys that have come into my hands or the hands of any person for me belonging to the above- named estate,for-the-year-beginning-the... I ebsites , T8---=-andLending the siipipa testes s “tgopneyepyige ee EE $ LMA ed Received Of ny hn hath. arsM htc... foe Beier, hid) b-alsSk eee $......0.A40.0.... ay wa. heath... AG Aad Be mien err eee ae 7 eee ae OP a ey. a Kd Atal. eee heehee cafes Toaa!. 2. ZL. oe Oi eee “ sy Masolle.. LeanTh bc i ( (atiinn Keck AP ‘ire: “ pp Chetan, aM bites S aacdbaaisle eines ae} 2-1 -S hb. ee. s “ J. ’Clasifll.. hat @ hb ro. Be ies science cede" eS ced aa dh Cll Mata. Tyoh fhalbred Kinsein g4ygn gt TRA eo po TE lel Me flicker sks: $.. SRK O. “ Ghat. Lahde! {Kili Lagtl {oboe $142.08 it e DISBURSEMENTS AS PER VOUCHERS paid <Atadeaart LE. Ktaidle Lactanacle. headenvaredaai. 2a ket) $ “« Redarsa ghitotaad MOY Besadads ‘ - “ Sn 220. Cll, sGeillr...(Cbalenst al lyutiy o ry. iendes Bo Zs. 2.14 2. AKA... Lede dtd. abe rl end lH. 88... 7.2... Aga 4 M dartedet:.. Ak Itami bloated!) ehinktemarbenes $ WW: Lushhir?..... LATOIUMAL OL. Ld Lt DOL Total Disbursements to date. ..........0......0cccccecceccceecesecceeseeseceessereeneeseeceeeees IE a i ois san daleescoltastutonsbccdntaseddeat sivaebbeebuonniceendl SAR TSO... I i cain icici sis cid isitecicctscdthichinien Latenninbeabietaiiiodd $id... ia ia a i sist pocdaosessebdcccchubincleleess bibl des lables $.... Liha "W W “J o q u e p 9 S 6 l , Admr., Extr:; or Guardian, being duly sworn, says that the foregoing Annual Account is in all respects true and correct to the best of his information, knowledge, and belief, Clerk ta Court. The foregoing account has been audited, the vouchers submitted in support thereof examined, and the account is hereby approved and confirmed. Let the account, together with this order, be recorded and filed. Clerk Superior Court. ow ry) “y O 93 8 I S T JO pl o d a y UT pa p s 0 d a y IN N O O O V TV O N N V ‘y a N O _ JO T I a d n g yI e I D i] Q 2 B " & & ow " ° ¢ %, a o ° 3 | a 7 > | a ; s b 3 a & 8 FOR THE GUIDANCE OF THE ADMINISTRATOR, EXECUTOR OR GUARDIAN Every executor, administrator and collector, within three months after his qualification, shall return to the clerk, on oath, a just, true and perfect inventory of all the real estate, goods and chattels of the deceased, which have come to his hands, or to the hands of any person for him, which inventory shall be signed by him and be recorded with the clerk. He shall also return to the clerk, on oath within three months after each sale made by him, a full and itemized account thereof, which shall be signed by him and recorded by the clerk. Revisal of 1905, section 42. Every executor, administrator and collector shall, within twelve months from the date of his qualification or appointment, and annually so long as any of the estate remains in his control, file in the office of the Clerk of the Superior Court, an inventory and account, under oath, of the amount of property received by him, or invested by him, and the manner and nature of such investment, and his receipts and disburse- ments for the past year in the form of debit and credit. He must produce vouchers for all payments. The clerk may examine, on oath, such ac- counting party, or any other person, concerning the receipts, disbursements, or any other matters relating to the estate; and having carefully revised and audited such account, if he approve the same, he must endorse his approval thereon, which shall be deemed prima facie evidence of correctness. Revisal of 1905, section 99. yo r e s e p y “I o y W e E H S r é l Application for Letters of | Administration. 2 a ean sae 8 _GEO. 0. BARNARD STA.CO.ST. LOUIS APPLICATION FOR LETTERS OF ADMINISTRATION In the matter of the Administration of the Estate of IREDELL COUNTY—In the Superior Court. MGPROCEE Gessner Stet... GO ow ee Ada Phillips : | being sworn, doth say: Mar Zaret. Gest er smallate of said County, is dead, having died on March MU MOU cal esc ilk toe sndid cu: venom 5. without leaving any Will and Testament, Ada, Phillips | is the proper person entitled to Letters of Administration on the estate of the said. Further, That the value of said estate, so far as can be ascertained at the date of this application, is about $ Real Estate, and $ 600. 90 Personal Property, and that the persons entitled as heirs and distributees thereof are as follows: AGE (If Minor) RELATION ADDRESS Sworn to and subscribed before me, this 6th A day of if pez r , 19 45. MM ( » Clerk eee Court. OATH OF ADMINISTRATOR STATE OF NORTH CAROLINA, In the Superior Court—ss. Iredell County. I Ada Phillips , 4 That I believe that Margaret Gaither 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. Margaret Gaither , and a true and perfect inventory thereof return, as provided by law; and that all other duties apperta ror 4 to the charge re Lys in me, I will faithfully and honestly perform with the best of my skill and ability: So help me WMA , do solemnly swear (or affirm) Subscribed and sworn to before me, this 6th J. Administrator. day of Gi? ae 19. 45. ae fd 1 Hill by ee Li , Clerk S uperior Court. Address Elkin, N C Q MARGARET GAITHER HEIRS Andrew McMickle = Brother (dead) His children- Ada L. Kelso = niece 802 Pyane Avenue Knoxville, Tenn Arthur G,. MclMickel- nephew Carolina M, Barker - Sister (dead) Her childred Joathan L, Barker - ne phew Ada L, Phillips - niece Route 1, Box 14, Elkin; N.C, Ina M, Gentry - niece Mt, Airy, N, c, Flla M, Tate - niece Brooklyn, N, Y, Berly M. Pearce = niece Richmond, Va, Effie M, Randolph- niece Winston Salem, N, C. Ethel M, Barker ~ niece (dead) her childrene Virginia Barker - daughter Louise Barker - daughter Margaret Scales - niece (dead ) her children Anna Weatherspoon Wilson Barker (dead) ied Marvin Barker (dead) or eeawne Lucy M, Edwards - sister (dead) Her children Laura Edwards - niece Alice M, Hunt- niece (dead) Her children- Mary Johnson Lonnie Hunt Edna Hunt Gunn Huston Hunt Rosetta Lowery (niece) (dead) 8 or 9 children names to be furnished James Hunt - nephew (dead) children names to be furnished yo u R e S I e p y “J o y y e H Sr é l North Carolina In the Superior Court Iredell County In Re: The Estate of Margaret Gaither - Inventory The undersigned Administratrix of the estate of Margaret Gaither herewith files this as an inventory of said estate together with the amount of each item sold at public auction, Brown Bed Sheets Dresser Sheets Dresser Sheets Boiler Sheets Table Sheets Stove Pillow Slips Cabinet Pillow Slips (frying Pan Pillow Slip, 5 r ow Slip a Boiler Sheet, Table Cloth able Slip,Apron, Gown Stand Blanket Coffee Pot 1.50 aicaiae Machine 18,00 Bed Lamp 5.00 rag Lamp 50 Curtains Lamp 1.50 Vase Clock 1.00 Trunk ewe 12.00 Unbrella Hand Bag Seo Silver 13.00 Glass Bowl 1,00 Bowl of} Rocker Plate 1.20 Living Room Suit Plates 4.00 Table Pitcher & Sugar Bowl 250 Saucers & Cups 50 Saucers 1.25 Plate 40 Plate 075 Six: Saucers 50 Total $246.05 4 Glasses 250 L 1.00 Paid Clerk tn 2.25 i Fis. Oil Heater 1.50 ’ l, Chairs 4.50 Spreads 2675 Spread 2.00 Towels 2.25 e SS S 8 S R R B 8 S R V S S 3 B G Rocker Rocker Rocker Stove Lavm Mower Ww OW I Bw NA M NE N ° nN There are a few minor items still on hand that the Administratrix was unable to sell for lack of a bid, Attempts will be made to dispose of them at private sale and report at a latter date, All of which 7 2S} Administrat of Fstate of Margaret Gaither yo r e se y “J o y e E y S r é l a/.392a North Carolina In the Superior Court Iredell County Before the Clerk In the Matter of the Administration of } FINAL SETTLEMENT the Estate of Margaret Gaither Ada Phillips, Administratrix of the estate of Margaret Gaither does herewith make this report as her final and complete settlement of the estate of largaret Gaither: RECEIPTS First Building and Loan Assoc. ‘ccount $219.50 Metropolitan Life Insurance Policy 200,03 Sale of Personal Property 249.40 F, C, Carden, note and mortgage 352.00 Fred Pharr rents 110.00 Robert A, Collier, Commissioner Account 2277.76 Webb Insurance Agency, refund 6.23 Total Receipts S3i1h.72 DISBURSEMENTS Statesville Daily, creditor's notice 2 2050 Sheriff of Iredell County, serving papers 4.60 Rutledge & Bingham burial expenses 363.53 Reserved for tax and bank charges 1.50 Reserved for marker for crave 100.00 Statesville Realty & Investment Co, Bond 20.00 State of N, C., inheritance tax 109.04 Scott & Collier, Attorneys fees 200.00 4da Phillips, Commission on receipts and disbursements 190.00 C. G, Smith, Clerk Superior Court fees 18.85 Total Disbursements *1010.02 ), 4 Balance on hand of °2404.70 to be distributed among heirs at law as follows: One-Third to children of Andrew Meliickel, a brother of Margaret Gaither as follows: Ada L. Kelso $200.40 Bertha Melickel 200.40 Maggie Lena lici{ickel 200.40 Arthur leMickel 200.40 One-Third to the children of Caroline lM, Barker, a sister of Margaret Gaither, as follows: Jonathan L, Barker Ada L. Phillips Ina M. Gentry yo r e S s i e y y “J o y y e E y H Sr é l yo r e s s e y y “J o Y y W e H S r 6 l @ < Ella M. Tate $100.20 Berly M. Pearce 100.20 Effie M, Randolph 100,20 Virginia Barker 50.10 Louise Barker 50.10 Anna Weatherspoon 100.20 One-third to the children of Lucy M. Edwards, a sister of Margaret Gaither, as follows: Laura Edwards 3400.80 Alice M, Hunt, deceased daughter divided as follows: Edna Hunt Gunn 80.16 Houston Hunt 80.16 Lonnie Hunt 80.16 Rosetta Lowery, daughter of Alice M. Hunt » 4s follows: Ruth King 8.01 Charlie Lowery 8.01 Frank Lowery 8.01 Ethel Lowery - 8.01 Louise’* Barnette . 8.01 John Henry Lowery 8.01 Constance Blackburn 8.00 Theodius Lowery 8,00 Frederick Lowery 8.00 James Lowery 8.00 James Hunt, son of Alice I, Hunt, deceased child as follows: James Hunt Jr, 10,02 Stamey Hunt 10.02 Arthur Hunt 10,02 C. We Hunt ” 10,02 Robert Hunt 10,02 Clayburn Hunt 10,02 Ruby Hunt ~ 10.02 Flossie Hunt . 10.02 Your Administratrix reports that the heirs of the estate were extensive and required considerable time and effort on the part of her and her attorneys to secure the names of the heirs and in various instances it was impossible to find the addresses because they had not been heard of by their own relations for years, and for that reason it is necessary that the following amounts be paid into the Court for the use and benefit of the named heirs when and if they are ever located: Bertha lcliickel $200.40 Virginia Barker 50.10 Maggie Lena Melfickel 200.40 Arthur lellickel 200.40 Ethel Lowery 8.01 Louise Barnette 8.01 C. W. Hunt 10.02 Ruby Hunt 10.02 Flossie Hunt 10.02 411 of which is respectfully submitted and asked to be approved by the Court and that the Administratrix sath and her bond be discharged. Sworn and subscribed to before me, 5 this the «£ _ aa ese site. 2- KHikerY, Bofing : 4 Assistant Clerk Superior court Audited, approved and ordered filed, and the Adninistratrix and her bond discharged. kestrstant Clerk Superior Court © =. > o e” = d Sr 6 l yo u e S i e p y “J O Y y W e E D H S r é l North Carolina Iredell County In the Matter of the Administration of the Estate of Margaret Gaither INVENTORY The undersigned Administratrix of the estate of Margaret Gaither does hereby file this report as the inventory for the personal property owned by the said Margaret Gaither on the date of her death: 1. Account with First Building and Loan Association- $219.50 2. Insurance Policy-Metropolitan Life Insurance Co. $175.00. 2 Iron frying pans 1 Iron cook pan 1 Iron Tea Kettle 1 Iron Wash Pot 3 Bed Spreads 16 Sheets 12 Towels 12 Pillow Cases 1 Table Cloth 1 Traveling Bag 6 Forks 6 Large Spoons 7 Tea Spoons 1 Lot Assortment of Ladies ready to we 6 Knives Pairs of shoes Pair overshoes Pair Goloshes Fur Piece consisting of 2 neck pieces and a muff Quilt lot of assorted Pocket Books Platter Rocking chairs Bed Pan Umbrella Bread Knife 12 cereal Bowls 1 Cake plate 6 Saucers 6 Plates 1 Sugar Bowl 2 Cream Pitchers 2 Vegetable Dishes 8 Glasses PR R EH P Pe e April, 1945. & Desert Plates 1 Pickel Dish 1 Dish Pan 3 Lamps 1 Lantarn 2 House Shovels 1 House Mop 1 Wall Brush 1 Broom 1 Vage 3 Blankets 1 Vegetable Brush 1 Dig Fork 6 Pillows 7“ Bolster All of which is respectively ee this the 7th day of PK Margaret Gaither etn Ope TGS. <a aag cam ofprra. Be -1 jg & leit PPararadrf, reg PB u o s } o g or e s u e y y “J o y W e E y H 6r 6 l IN THE MATTER OF THE WILL OF IREDELL COUNTY:—IN THE SUPERIOR COURT Margaret Dotson Gaither Before _O.0,Smith -+—«¥—s’—_—sw¥—s§—~CO| SS Hugh D.eGaither being duly sworn, doth say: That Margaret Dotson Gaither late of said County, is dead, having died on the ——18—_____day of __dJuly ______, 19.4, having first made and published__her and Testament and thar__—S—S=-—s Hugh D.Gaither last Will is the exeeutor named therein. Further, That the property of the said_Margaret Dotson Gaither uiesdiii a Real Estate $_1300 and Personal Property $200.00 7~ ~~ __so far as ean be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS 0% Hugh D,Gaither 39 Son nae’ are the parties entitled under said Will to the said property. y Sworn to and subscribed before me this_ 39 day 4 S,/t 7 / J Lf Gre Lp Dae Ct 19 9 en Fee Clerk Superior Court. Address Harmony ,N.C. OATH OF EXECUTOR STATE OF NORTH CAROLINA SS.—IN THE SUPERIOR COURT. IREDELL COUNTY I, Hugh D.Gaither do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of i t Dotson Gaither that I will well and truly execute the same by first paying his debts and then his legacies, so far asthe said estate shall ex- tend, or the law will charge me, and all other duties pertaining to the office of Executor | will discharge according to law, to the best of my skill and ability. So help me God. Subscribed and Sworn to before me this__30 B af ; , ALEC; a. do of 30h Gt 4i- Suge WME 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 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 7 NA M E RE L A T I O N S H I P Pe e ep e e a ee (N A M E OF BA N K ) Ba n k de p o s i t s _ _ _ _ _ _ _ _ _ _ _ pee hi s s At ha e (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 _ _ . _ . . . . . . . . . _ _ _ _ _ _ _ In s u r a n c e pa y a b l e to be n e f i c i a r i e s _ _ . _ _ _ _ _ _ _ _ _ _ _ _ Mo r t g a g e s an d No t e s _ _ _ . . . . . . . . _ : Tr a s es 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 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 Pl e a s e in d i c a t e wh e t h e r Ad m i n i s t r a t i o n ( ) Ex e c u t o r s h i p ( ) Ga i t h e r , Ma r g a r e t Do t s o n 19 4 9 uo s } o g Jo e s i e y p y “O W N E D 6r 6 l North Carolina. | in the Superior Court, Iredell County. } 3efore the Clerk, in the Matter of administration iietate ol Yotson To the Honorable C. G. Smith, Clerk Superior Court: The undersirned Exe © Oo true and correct copy of his transactions as such pd Oo Ss Bank, money on following disbursements ae We Reavis funeral Home, Venera Saas funeral sxpenses R - Albea, work on crave otatesv Scott & Collier, Attys. 1 » Ge Smith, 6.3. C,, Coste of probate of will, Letters and one copy 85 G, Smith, C. S. C., costs of Y esville Daily, notice to crs. 50 00 cutor of the last Will and Testament ‘S. Margaret Votson Gaither herewith returns the following uxecutor prays that the Court will audit and anprove the same and a final settlement S12 +. _- oo er . . = . 491.97 lo commissions — he pts ; of $333.13 © 5% 16,66 To commissions on Disburse- ments of 491,97 5% 21,.60 po330a3 fhe Executor reports to the Court that the deficiency wi supplied by himself, personally, as he was the sole under the will of Mrs, Gaither, iieSpectfully gubmitted eworn to and subscribed be this Sept. 2nd, 1950. ake Ss -- Audited, a 1 2 lorgd tiled and Lxecutor recorded. _h Clerk Sfiperior Jourt ‘f jo r e s u e y p “y e y [c 6 l A pplication for Letters Testamentary.---Printed and for sale by Brady Printing Co., Statesville, N. C ‘--In the Superior Court. In the matter of the Will of being duly sworn, doth say: That . late of said County, is dead, having first made and published huac ast Will an is the executor named therein. Further, That the prop consisting of a ~ so far as can be ascertained at the date of this —— and that are the parties entitled under said Will to the said property. Sworn to and subscribed before me this... L day ) 19 &(. J Clerk Superior Court. STATE OF NORTH CAROLIN, - $S.---In the Superior Conrt. County. do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of an — ; that I will well and truly execute the same by first paying his debts and then@fis legacies. so far as the said estate shall extend, or the law will charge me, and all other duties pertaining to fhe office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. and sworn to before me this 4 ; x JX: Cr . CaeK. day of Fi l e d in th e of f i c e of th e Cl e r k of th e Su p e r i o r Co u r t fo r th e Co u n t y of Ir e d e l l , St a t e ‘e e s Ca r o l i n a on th e / “ “ 7 da y of . ee ES an d re c o r Gh . on et Ba p l i c , , Re c o r d s ,o f sa i d Co u n t y Ad , Ga i t h e r , Ma r g a r e t J. 19 2 1 f or e s u e y p “o y e ic 6 l ee Le pE. 24 ee Pk preteen ctct det y ee ae ORR a Oe ae Uaetfrt —~ A. 4 Cr ple LL fil, cit ial. Dig Pe Chas kek - if pe regs, a ee li ie a SN eg SP age BE BN, a de gt Ig. O2iks Ps rife Pr: f — he te Pe ee Pe. a Se i a ss of 3 f pep CO, ates y/ ey Ke e soe ‘ee 4 oe Wf re. ae Pe Migs? Ld ae Oe Ghose. 2 (bbl ies Slowteade Se pare ee soe Me le ee yee Oe 2 a ee a eee Lici AL Ce ee ee * Bhiat: ee ee OR es ) / : id Ti i toch se i aa y Borg Se salad: ex ¢ ¢ * --, ; L Tf f i f jo r e s i e p “o y y e y Ic 6 l Sree ght fore ncel i inns Late ie Be Degg |. L Af €2 ae — A heck 6 ae a fore - Oe ie ee ee a ee oe 4 ' ALo hie oe. + pare . tees 5 Ames ee ie del ( tse “eX: PO ile ee Qu \ Ae at tp die teenies ela ie CZ Bate ¢ Pi rere — DZ ; Ct let pe Ate _ ( era bs et leh tifleracr ape Lb ad Ze ee fac -aporings tf zi ag de tl DLS en ek. “ OG OO Ba ofa. Rh Mag eo I a ce eae Y he RP Ae Pas ol A. tn iia f. J? iis Khe tlle. CAM honey i.e Tie belle Chl b, av 2.75 pia ee TE hile lS oe ee a9 Me pe a: } v. / ae i a X Son anes z ee Ye ts al * HS F pie 7 4 Citi « Me A cra Yr-C 4 Iba ugh a ce 1 ghee) Ob I De dal oo Chime Mee se Sites. ee AL OF Le Buggy GA pil Salas il ©) & £. =a o a & a9 p on) oO @ ay 1Z 6 l ‘f lo m e s u e y p y “o y e Vhangant GF. Saith/ Estate’ /Q2/ ee (lug 12 Cach on Afocit 366.08 a 5 i caw pike i teete 1K. AB fron sale ep e a alk OF e. oe ¢ a Ak f ee ci Og 4 the Ditce’, 4 sel abate Bam 39 fe gif ; Lp ; 4 sla colts et eeues a Z fe G a "Lo 2 is & idles aad Mr / ag Ae a man 6. 25 atc C cet -) 4 7 | ie oe of arnt hetureakl _ /3.70 42.90. b- 3 fe Arce 7 re ee te wa F/L.40 ghee whe i La ee aa elas faze pp) G00. 00. ats re 72 CeU ae) Je Bip. LO ft jo r e s e y y ‘r o y y e y ) Pcl, proses SG hos i. Biel i WA au oh meee oC Ory (rc Em. a Mele ah Linrere Pabivenes Mrlor Jurrvel Ay ferries eset pore 7) Aelvvhaeiey a. | Mover. Cnr VU cree cae BleA. <1 end Lo Crtlhal? SS boss Aprtrg cv &, Bho iecdabld sina sail Ci iiiiiiicscea Qul- 3 M29 bul uw 23 OV + fai prcle eal Ltrerery Ly dss Seunfe. na . ls nana Sercel. Jf dhy auky : DS tidiw aantOy Ptr dW. ie willie Ut 5 fos Jaw of Se Waereu/ Jerk Meriva [4 YVAA } Cee fers td) 3 6 Dd \ \ JI Lhe Crueacr te tush, bik : het ‘H- te Raat _ Lt AR AAC ttt ¥ a ege er oe : ” Pyyeit Wako oe ap He) 2 20le. i, Tanpeuth fe be Cae sy © =. oma i oO e & ag fo s oO Q a 1c 6 l Application for Letters Testamentary.—Printed and for sale at Tur LanpMARK Jon Orrice, Statesville, N.C. APPLICATION FOR LETTERS TESTAMENTARYT. Z In the matter of the Will of ) . being duly sworn, doth say: late of said County, is dead, having first made and published MAN is the executor named therein. Further, That the property of the said. 0 far as can be ascertained at plication; and that fein Ce Dis Fale ae VE are the parties entitled under said Will to the said property. a oh. te, 4 Clerk Superior Court. Sworn to and subscribed before me this. L&.stay) 2 sgh emnvee CATH OF EXECUTOR. STATE OF NORTH CAROLINA, a the Superior Court: COUNTY. do solemnly swear that I believe this paper writing 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 oftice of Executor I will discharge according to law, to the best of my skill and ability. So help me God. Ba) hy ther nad APPLICATION FOR LETTERS OF ADMINISTRATION STATE OF NORTH CAROLINA, IREDco WMounry—in THE SUPERIOR COURT. In the matter of the Administration of the Further, That the value of said estate, so far as can be ascertained at the date of this application, is about 3.6. 5.00\ Real Estate, and $.4.%00N. Personal Property, and that the persons entitled as heirs and distribu- tees thereof are as follows: NAME AGE (If Minor) RELATION Beatrice C. Gaither Over 21 Widow John Martin Gaither " Son ADDRESS 702 E, Broad St., Statesville N.C. 17 Maple Drive, Pease Air Force Base, New Hampshire Dau. 3911 Abingdon Drive, Charlotte N.C Dau. Rfd. 1, Jamestown, N.C. Marion G, Caldwell (Mrs. W. C.) Teresa G. Everhardt (Mrs. E. F.) OATH OF ADMINISTRATOR ee to cum ee SS.—lIn the Superior Court. IREDELL COUNTY Mrs, Beatrice C, Gaither , do solemnly swear (or affirm) that I .... died without leaving any last Will and Testament and that I will well and truly administer all and singular the Goods and Chattels, Rights and Credits of the said Martin John Gaither . 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. Statesville, North Carolina uy o r UI E “o y e r y 79 6 1 Ga i t h e r , Ma r t i n Jo h n 19 6 4 so NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E -O r m -1 0 IN H E R I T A N C E Ta x Di v i s i o n 2/ 5 6 ) (R e v . 2 ) 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 . fe ~ ‘ t: ee r hi f e ps a co u n t y A CL A S S ( - Ks A d c d é d y a p p r e s s jf 2 ox — AD D R E S S _ _ _ = J( Z A L ST G4 NA M E OF ES T A T 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 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 f te Tn ma Re 2 -. Ba n k de p o s i t s ’ ? 2# “ al - 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 J i — . J Mi a t a i (A E F 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 Ms p / - j j OF AL L PR O P E R T I E S . ¢ & we « 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 go v e r s gh ¢ . q u 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 e ae } # . . ; : es : 1 o et 7 Be v a e e r ey = Co u r t : Cl e r k of mo n t h of IM P O R T A N T : Ga i t h e r , Ma r t i n Jo h n 19 6 4 uy o r ur p R e y y “o u t e d 79 6 1 CHAMBLEE & NASH ATTORNEYS AT LAW STATESVILLE, N, C NORTH CAROLINA NOTICE IREDELL COUNTY The undersigned having duly qualified as Administratrix of the Estate of MARTIN JOHN GAITHER, deceased, late of Iredell County, North Carolina, this is to notify all persons or firms having claims against the said estate to present them to the undersigned Administratrix on or before the 12th day of February, 1965, or this notice will be pleaded in bar of their recovery. All persons or firms indebted to said estate will please make immediate payment to the undersigned, This llth day of August, 1964. “n Qt ted iy. Dect C. ate ‘Mrs. Beatrice C, Gaither, Adlinistratrix of Martin John Gaither, Deceased 702 East Broad Street, Statesville, N. C. Chamblee & Nash, Attorneys 106-1/2 Court Street Statesville, N. C. To be published in Statesville Record & Landmark once a week for four (4) consecutive weeks, the first publication to begin on the 12th day of August, 196k. PW FI tun 2 / @. -.. No. 57-B—IN VENTORY—EXECUTOR, ADMINISTRAT ARDIAN w. ards & Broughton Co., Raleigh—51-1089 THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION NORTH CAROLINA IN THE SUPERIOR COURT—BEFORE THE CLERK / COUNTY IN THE MATTER OF ESTATE OF Martin John Gaither Miner Deceased INVENTORY I, we, the undersigned named estate, do hereby certify the following to be a true and perfect inventory of the assets of said estate, which have come into my hands or the hands of any person for me, as , of said estate, to wit: Sworn to and su be CLEA Clerk Superior Court. uy o r uT p e Y y “o y r e y 96 1 IN V E N T O R Y ED W A R D S & BR O U G H T O N CO . , RA L E I G H ~~ 3- 6 3 — 3 M — 4 8 6 8 5 — 1 0 8 9 Ga i t h e r , Ma r t i n Jo h n 19 6 4 uY o r UI E “F a U I e E D 96 1 CHAMBLEE & NASH ATTORNEYS AT LAW STATESVILLE. N.C ae e NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY In the Matter of Mrs. Beatrice C. Gaither, ) Administratrix of Martin John Gaither, ) FINAL ACCOUNT Deceased ) TO: The Honorable C. G. Smith, Clerk of the Superior Court of Iredell County: The undersigned, Mrs. Beatrice C. Gaither, respectfully shows unto the Court: Le That the undersigned was on the llth day of August, 1964, duly appointed by this Court Administratrix of Martin John Gaither, who died August 7th, 196k, and that she is now acting as such Administratrix. il. That the undersigned has published notice to creditors in the Statesville Record and Landmark newspaper on August 12, 19, 26 and September 2, 1964. III. That the undersigned has filed Inheritance and Estate Tax Inventory with the North Carolina Revenue Department and has paid said taxes. IV. That the undersigned hereby files with the Court her final account of receipts and disbursements covering the period from her appointment to date as follows: RECEIPTS 8/12/6, Wachovia Bank & Trust Company, Salisbury, N. C. Funds in checking account 2,754.00 8/20/6 Wachovia Bank & Trust Company, Salisbury, N. C. Funds in savings account 2,752.07 9/18/64 United States of America, Treasurer's check Social security lump sum death benefit pay,ent 255.00 9/18/6, Firestone Tire & Rabber Company Insurance payment on medical bill 13.00 9/18/6, Firestone Tire & Rabber Company Insurance payment on medical bill 10.00 11/9/64 Proceeds from sale of 1956 Mercury automobile 1400.00 2/12/65 Firestone Employees U. S. Savings Bond Account Balance in decedent's account 2675 2/20/65 The Northwestern Bank, Statesville, N. C. Interest on savings account of Adminbtratrix 8/20/64 to 2/20/65 70.00 TOTAL RECEIPTS 6,256.82 uY y o r UT p E Y y “L O y W E D 96 1 CHAMBLEE & NASH ATTORNEYS AT LAW STATESVILLE. N.C 8/12/64, 3/12/6h, 8/13/64 8/14/64, 8/15/64, 8/20/6h, 8/20/6k, 8/20/6h 8/28/6k 8/2 8/6L, 8/28/6L 9/9/6h, 9/9/6h, 9/9/64, 10/21/64 10/21/64, 11/10/64 2/12/65 2/15/65 2/15/65 2/22/65 Bunch Funeral Home Funeral and burial expenses DISBURSEMENTS City of Statesville Cemetery plot Cox-Fritz Motors Repair bill Fox-Mullis Insurance Administratrix Bond Carolina Motor Company Repair bill Iredell County 196), ad valorem taxes City of Statesville 1964 ad valorem taxes John M,. Gaither Tire for Mercury automobile Public Service Company Balance of account for heater per statement City of Statesville July bill for Lights and water Public Service Company July bill for gas Statesville Record & Landmark Notice to creditors L. M. Little, M. D. Professional services J. H. Nicholson, M. D. Professional services Tax Collector, Florence County, South Carolina 1964, personal property taxes Tax Collector, City of Florence, South Carolina 1964 personal property taxes Winecoff Marble & Granite Works Monument and markers Mrs. Beatrice Gaither, Advancements for: Repairs to Mercury automobile sold July milk bill Chamblee and Nash, Attomeys at Law Attorney fees Clerk of Superior Court Court costs of administration North Carolina Department of Revenue : 2e taxes yes BReatri : ++} hay ince taxes (Mrs. Beatrice C. Gaither's shar Nn TOTAL DISBURSEMENTS Balance on hand 1,163.42 75 00 16.20 50.00 41.81 16.04 395k 16.81 325.00 17.50 16.71 2,364.73 3892.09 uy o r UI E “I O y e D 79 6 1 CHAMBLEE & NASH ATTORNEYS AT LAW STATESVILLE. N.C DBT BTRISB UIT OR} Mrs. Beatrice C, Gaither, widow 1/3rd of net proceeds 2a a5 tay ~ ry ant Less: nine Ltance tax paymeny her, son Caldwell, daughter hter same has been paid VI. That all real estate was vested in decedent and his widow Mrs. Beatrite C, Gaither as tenants by the entirety and said property thereby survived to her. VII. That decedent purchased Series E United States Savings Bonds payable to Martin J. Gaither, POD Mrs. Beatrice M. Gaither" which by survivorship became property of the said Mrs. Beatrice M, Gaither, one and the same as Mrs. Beatrice C. Gaither, and the same were duly reported in Inheritance Tax Inventory. VIII. That decedent was admitted to Iredell Memorial Hospital August 4, 196), and remained until his death on August 7, 1964; that bill due said hospital of $ 168.30 was paid in full by check from The Firestone Tire & Rubber Compahy to Iredell Memorial Hospital, dated Sept. 9, 1964, under decedent's benefit as employee in health & welfare plan underwritten by The Prudential Insurance Company of America. Ik. That the undersigned has made settle,ent of all bills and claims presented to her and has no knowledge of any outstanding bills and claims against the estate. X. That the children of decedent and your administratrix who are named above have given their interest in decendent's 1963 Impala Chevrolet automobile to Mrs, Beatrice C. Gaither, their mother, and title to same has been duly trans- ferred to her, uy o r ul y “o y p t e y 96 1 CHAMBLEE & NASH ATTORNEYS AT LAW STATESVILLE, N. C WHEREFORE, having fully administered said estate, the undersigned prays the Court that this her final account be audited and approved and that she be discharged as Administratrix. This the Ay 5 day of February, 1965. 5 —\ \ . a e T\. > eX, t s } Nap Ev atarcs Co Saher (Mrs.) Beatrice C. Gaither, Administratrix of Martin John Gaither, Deceased Sworn to and subscribed before me this 29 day of February, 1965. Notary Prablic My commission expires: Mj? JIC CG 7 r s . ff P/E 4 AUDITED AND APPROVED, Lt aid) [Ff © Of Jip A! Sl aihiitn Clerk Superior Court, Iredell County, N. C. 79 6 1 NORTH CAROLINA TREDELL COUNTY NOTIC® The undersigned having duly Qualified as Administratrix of the Estate of MARTIN JOHN GAITH.- FR. deceased, late of Tredel! County, North Carolina, this is to notify all persons or firms having claims against the said estate to present them to the undersigned Administratriz on or before the 12th day of February, 1965, or this notice will be plead- ed in bar of their recovery. All persons or firms indebted to @aid estate will please make itm- Mediate payment to the under- sicned. This 11th day of August, 1964 Mrs. Beatrice C. Gaither, Administratrix of Martin John Gaither, | Deceased i 702 East Broad Street, Statesville, N. C. Chamblee & Nash, Attorneys 106-!4 Court Street Statesville, N. C. 0/2/64 4 NORTH CARO] INA, y IREDELL COU AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qu alified, and authorized by law to administer oaths, lesworth, who being first duly sworn that he (she) is Personally appeared Mrs, C.F, Midd- 17) ° ine » deposes and says: . m ‘ Secretary-Tre surer publisher, or other office authorized to make (Owner, partner, r or employee this affidavit) of Stotesville Daily (name of publishing engaged in the Record Ine, concern) Publication of a newspaper known as Statesville Reeora & Landmark © (name of newspaper) published, issued, and entered as second class mail in the City of Statesville County and State; that he (she ) affidavit and sworn statement; advertisement, » in said is authorized to make this that the notice or other legal a true copy of which js attache published in Statesville 8 1 hereto, was 7cord & Lendmark on the following dates: HPEK KKM Is 6 en e - 1964, and that the said newspaper document and qualifications of Section 1-597 of * General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Siatutes of North Carolina. or This 7h of Wee & ItkKe¢ , 19 G < (Signature of perso making affidavit) <> ~ Sworn to and sttbscribed before me, this we te “7 “7 Of ha. At, Fagor te etary Public day of one Ltckey . hs wr. 19 ae x“ 3 - <a My commission expires: PEt 2. 4 VY, Ze F ES A uy o r ul y “o y t e y 79 6 1 NORTH CAROLINA TREDELL COUNTY NOTIC® The undersigned having duly qualified as Administratrix of the Estate of MARTIN JOHN GAITH- | FR. deceased, late of Iredell County, North Carolina, this is to notify all persons or firms having claims against the said estate to present them to the undersigned Administratrix on or before the 12th day of February, 1965, or this notice will be plead- ed in bar of their recovery. All persons or firms indebted to eaid estate will please make im- mediate payment to the under- sicned. This 11th day of August, 1964. Mrs. Beatrice C. Gaither, Administratrix of Martin John Gaither, Deceased 702 East Broad Street, Statesville, N. C. Chamblee & Nash, Attorneys 106-44 Court Street Statesville, N. C. 0/2/64 a“ NORTH CAROIJINA, y f. ) IREDELL COU AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally appeared Mrs, gy E, Midd- lesworth, who being first duly sworn, deposes and says: that he (she) is — Secretary-Tre:surer _ publisher, or other officer or employee authorized to make this affidavit) (Owner, partner, e . (name of publishing concern) engaged in the publication of a newspaper known as Statesville Record & Landmark | (name of newspaper) published, issued, and entered as second class mail in the City he Statesville , in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in Statesville Record & Lendmark on the following dates: __ ; ARK MXN PED IEIN uz. 12,19,26 Sent. 2, 1964 and that the said newspaper in which such notice, Paper, document, or legal advertisement was published was at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the Genetal Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 of the General Siatutes of North Carolina. This Th of Weel nekee , 19 G < t-.9 Eee 6 ae FO (Signature of pers making affidavit) Sworn to and stbscribed before me, this we day of pekiz het, 19 @ x he YX. -beporee— AXtary Public 3 My commission expires: fone SS, e FES S oe eo awe? a Cait thieacn at fF Le aan hy Cet. FE ght? a GM Alte « G2 yy bee ct — © 4 . = ie) 7 “< Application for Let ers of Administrat‘o1,-—Printed and for sale at THe Laxpmark Jos Orrice, Statesville N.0, Diseaet Gounty---in the Probate Court In the matt r of the Administration of the Estate of Before fe Probate Judge. ( being sworn, doth say: That late of said County, is dead, without leaving any Will and Testament: and that...., Rah RAE | as vinsenncs MORON STOTT oes Number 338. Petition tor Order to sell Personal Property for cash, with Order &e. ——Printed and for sale at Harrell’s Book and Job Printing House, Weldon, N. C. State of North Carolina, ce se Spa eer r ie d-~ <4 — COUNTY. J CBZ ee ., deceased, showeth that: Ist. That it would best subserve the interests of the 1 and creditors of the estate of said to sell the personal property belonging to said estate for cash, because said property would sell for about the same in cash as on a credit of six months, and because moreover the majority of the bidders at any proposed sale will prob- ably be unable to give solvent bonds. 2nd. "Wher efore, your petitioner pr ays for a an order allowing Mller yp U said, pr oper ty for cash. (ome BP EK BB.) STATE oF NORTH CAROLINA, | - IN THE COUNTY. \ Ex Rania, It appearing that TH (apr has filed in this office a petition showing reasons satisfactory eee ‘ourt for selling the per- sonal property belonging to the estate of said Ra —< deceased for cash; r IT IS ORDERED AND ADJUDGED, that the said WH. at ao Gon. . Cdn7 of ed il Yo AA aplpoasel shall have license to sell said property to the highest bidder¥ for cash, | “after twenty days’ notification posted at the Court House and four other public places in pct “County,” subject however to the confirmation of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion of the sale of any article of personal property ‘on py of the insufficiency 7] + the amount bid.” AL: IT IS FURTHER ORDERED, that said Apathes Zann... taki, GM, 4“ of AA0,_& ( GecPian as aforesaid, mak e return of the proceeds of said sale to this C&trt. _——# This te day of. a: 188. 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Cit (eek Corel C7 ¢ /e Lh ovate eT C4 Lo chin lots tel CLC A* CFO Plc Lie wih, eof / 5 hin he LI2LC lollt fc. 4 € ee }14 p CU ale DP LLL A ie Wo 01C¢ Atl Ak Per LAU Ctt 4a neo freer Kuk and fo Cael te Fof - fhatrs C/U tee wie € Attr jdt Tavcwe CAG flaw Paivae Z Lt Ae lak hes Lee Clan COLGP Vos A c1t4 A he € 44 Lard tr Abt COP Ave « hav € 4 Ca ref (Fle oe te =t fans tt dei if ft se Leth, tf pectrlr-C?U € Ao Hiv lot Md Stl Chu C rode) ow AL x00 bashes LY er Oe ee OP Stet Aer“ fO0-a here fa A“ Ase Ns gs ite Bc 0Of Cus gy frase i e he tinue LAU SY fPotspzeve “c~ Ket ore CLtl 2b SAtteha 6 Atl CPE LOCA ‘Te of a Ml C S072 Vas AF of hy <e4 theal J% Cor Corerl ove f% Cer rhe rTP Cepvert Sku Ly hat — Cece: of a Pha, Deel ; : ; ; Ga i t h e r , Ma r y J. 71669 A J66. tht /4.& Ao e 7 y Ar e y “s a y y i e y 8c o l APPLICATION FOR LETTERS qEsTamerfrany—Printed and for sale by Brady ‘caioae », Statesville, N. C. APPLICATION FOR LETTERS TESTAMENTARY IREDELL COUNTY :—In tHE Superior Court. In THE MATTER OF THE WILL OF Cc. G. SMITH Gledys B, Talley being duly sworn, doth say: CY...WAcy._MSGeither late of said County, is dead, having died on the tft bo day of... AUSUAL ; 193.8, having first made and published ne © last Will and Testa- ~ ‘a R To 1 r aave BB. Talley ment and that...M@ZS.2..9 is the executor named therein. f Me Lacy Gaither se Further, That the property of the said i y Ga consisting of Real Estate $24-0.0.0.00.Q.uu0. and Personal Property $2022.22 so far as can be ascertained at the date of this ap- plication ; and that NAME RELATION ADDRESS _ om B. Talley Niece 27 West Street, wins Berron " 2h. Hutton St., inuston are the parties entitled under said Will to the said property. | ina Abadia J 3 clade SstiibMcsi: 1938... Clerk Superior Court. Address OATH OF EXECUTOR STATE OF NORTH CAROLINA A aperge i Tredell SS.—In the Superior Court. County } : Xisedgvs B Tslley : ‘ as I, MRS _GibAaVS DBD. LE-LE6Y do solemnly swear that I believe this paper writing to be Mary Lecy ceither and contain the last Will and Testament of that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall ex- tend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. Subscribed andsworn to before me this. gth \h SV AAA: i {3 Sethe, Recoutl LX i day of Z bedien her ae. / 4 , A ‘ ‘K 7] nN 7 f North Caroline Iredell County, As e y T y Ar e y “s o y y i e y Mary Lacy Gaither of the aforesaid county and state being of sound mind but considering the uncerteinty of my earthly existence do make and declere this my last will and testament; First. My executor hereinafter nemed shell give my body a decent buriel stitable to the wishes of my friends and relatives and pay all funerel expenses, together with ell my just debts, out of the first moneys that come into his hends belonging to my estate, 8£ 6 l Second. 0 give to my neice Gledys Brendon Talley and to my niece Ruby Brandon Berron, all my property after my debts ere peid. (equally divided) Third, Fourth, Fifth. Sixth. I hereby constttute and appoint my trusted friend Gladys Brendon Talley my lawful executor to ell intents and purposes to execute this my last will and testament, according to the true intent end meening of the seme, and every part and clause thereof hereby reveking and declering utterly void ell wills end testaments by me heretofore made, In witness whereof I the seid Mery Lecy Geither do hereunto set my hend and seal, this 26th dey of March, 1534. Signed Mery Lacy Gaither (SEAL) Witness J V Beggerly Macgie M Bagrarly As e ] Ar e y “o y y e n 8t 6 l Inventory Form For Executors, Administrators and Collectors. NOTE:—List all personal property in one group with total, and real estate in another group with total. —9§—__. ——--_ NORTH CAROLINA IN THE SUPERIOR COURT PORSYPTH COUNT BEFORE THE CLERK Iredell County IN THE MATTER OF INVENTORY _.._MARY LACY GAITHER | (Name of Deceased) ei cre < oy August 17,1938. (Date of Death} 4611 To WoGHitRens Clerk Superior Court, Zarsyth County, North Carolina Your representative of the above named deceased, respectfully returns and shows, upon oath, that the following is a just, true, complete and perfect inventory at its estimated or appraised value at time of death, of all and singular, the goods and chattels, rights and credits, together with all other personal property of every description belonging to the estate of said deceased, late of Forsyth County, which has come into the hands of the said representative, or into the hands of any person for him, or which he has been able to discover or ascertain, or has any knowledge or informa- tion of, belonging to the deceased, or in which the deceased has any right, title or interest. Said representative, further shows as listed below, and at its estimated or appraised value, all real estate of which the deceased was seized at his death, as ascertained from a careful search of the public records of each county in which, to the best knowledge, information and belief of said representative, the deceased owned such real estate. Said representative further avers that he does not know of any error or omission in this inventory that may prejudice the interest of any creditor or other interested party. Said representative, further avers that he caused to be published in the a notice to creditors as required by law, the first notice being published on INVENTORY OF PERSONAL RT ——o oe ee eee Household goods, as follows: Living Room Suite $ 25.00 Bed Room Suit 10.00 Two Chairs @ 50¢ 1.200 One Rocker 2200 Oak Table 1.00 Sewing Machine 5200 Rug 2200 Table 2200 Chest of Drewors 5200 Four Vheirs at 50¢ 2000 Iron Bedstead 2200 Victrola 300 Trunk 2200 TOTAL ESTIMATED VALUE OF PERSONAL PROP. F620 INVENTORY OF REAL ESTATE 52 acres of land, upon which is dvelling and outbuildings, located near Harmony, NeC., descrived in Deed recorded in Office of Register of Deeds, Book 119,Pacse 107, estimated values eo-ee ace c - - $ 2,000.00 TOTAL ESTIMATED VALUE ALL PROPERTY ~ ww ao $ 29062. Wino, Hee dice (3. 5 oRQ ir, Sworn to and subscribed before MC, Admini strafrix J) this the [i day of January, 1939, ae ante Notary abitet My ak, expires: wa vo gto Ga i t h e r , Ma r y La c y 19 3 8 As e ] Ar e y p y “l a y y i e n 8f 6 l NORTH CAROLINA IREDELL Forsyra COUNTY ‘ 039 FOOL ivy 2 SPECIAL PROCEEDING SUMMONS FOR RELIEF THE STATE OF NORTH CAROLINA: To the Sheriff of Forsyth County — Greeting: the defendant.8.. above named, if to be found within your County, to appear before the clerk of the Superior Court, for Iredell Statesville the County of wit d' at his office in the Court House in WiostawGetem, Nn? C., WITHIN TEN DAYS AFTER DATE OF SERVICE OF THIS SUMMONS, AND ANSWER THE COMPLAINT, a copy of which is hereto attached, (or if copy of complaint ne/net attached, then within 10 days from the final day fixed in the order of extension for filing same, a copy of which order is hereto attached) and let the said defendant take notice that if ........ ABILOYnnnnnnnncnnnen eee eeeeeccccctnteee ennnccnecnnnnees fail to file written answer to the said complaint or otherwise plead within the time required by law, 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 NOTE:—Upon the filing of complaint after an order of extension, defendant must call at office of clerk for copy of same. OF F I C E R ’ S RE T U R N by re a d i n g an d de l i v e r i n g a co p y of th e wi t h i n su m m o n s (t o g e t h e r wi t h a co p y of th e co m p l a i n t ) (t o g e t h e r wi t h a co p y of th e or d e r ex t e n d i n g th e ti m e fo r fi l i n g co m p l a i n t ) to th e fo l l o w i n g de f e n d a n t s : Ga i t h e r , Ma r y La c y 19 3 8 SP E C I A L PR O C E E D I N G S se s s o MB S 0. . . GL A D Y S . Be . TA L L Y , Ex e c u t r i x . . of MA R Y LA C Y GA I T H E R MR S . RU B Y Be BA R R O N an d SU P E R I O R CO U R T SU M M O N S FO R RE L I E F Re t u r n to Of f i c e of Cl e r k Su p e r i o r Co u r t WI N S T O N - S A L E M , N. C. 7O fe e , Go s s . . . NORTH CAROLINA IN THE SUPERIOR COURT, As e ] Ar e y “a a y y i e n IREDELL COUNTY BEFORE THE CLERK. 8t 6 l MRSe GLADYS B, TALLY, Executrix of MARY LACY GATTHER vS = PETITION. MRS. RUBY 0. BARRON and MRS. GLADYS Be TALLY Your petitioner respectfully showeth to the court: =le That she is the duly qualified executrix of the estate of Mary Lacy Gaither end has entered upon her duties ss such executrixe -2e That the defendants herein are the sole devisees and lezatees under the will of the said Mary Lacy Gaither and are the only persons having a Girect interest, save and except the creditors, in the said estate, both of the said defendants being residents of Forsyth County, North Cerolinge - 3. That she is advised, informed and so believes that all of the personal property left by the deceased, as showm on the Inventory fled, amounts to %62e00.6 - 4 » That there has been proven before your exccutrix a funeral bill in the sum of $276.25 by the Reavis funeral Home of Harmony, who buried the deceased; that she is acvised that there is an unpeid bill for the erection of an outbuilding on the hereafter described premises for which no bill has been filed; that no gravestone has been erectod to her grave and there is, therefore, insuffi- cient personal property to pey the debts of the deceased, including the costs of administration. = 5 « That your petitioner is advised, informed and so believes Law orFices that the deceased died seized in fee simple, without incumbrances, of the following ELLEOGE @ WELLS dogcribed property, being a part of the lands of Mrs. Mary Lacy Gaither, deceased, a ee aeRO, OO ot, eat tad by your petitioner's testetrix and set apart to her in severalty, as follows: Pace Fle "Being and lying in Iredell County, near the Town of Harmony and more particularly described as follows: As e ] Ar e y “s o y y i e n "Tot Noe 1 allotted to Mrse Lacy Gaither and described as follows: Beginning et an iron stake, Sills corner and also corner of Lot # 2; thence with Sills line South 4 degrees West 110 3/4 poles to a stone, his corner; thence South 86 dege Enst, 128 poles to a stone on the South side of the road, Godbey's corner; thence with his line, South 3 dege West 10 poles to a stone, his corner; thence with his line South 80 dege East 13 poles to an iron stake, corner of the school house lot; thence with the line of the schoolhouse lot North 14 dege East 5 poles to a steke, in the center of the hard-surfact road #901; thence with said road 1882 poles to an iron stake in center of said road end corner of lot # 2; thence with the line of Lot #2 South 38% dege West 20 poles to the beginning, containing 52 acres, more or lesse “ 8t 6 l @ 6 Your petitioner is further advised, informed end so believes that there is a possibility of effecting a private sale of this property much more adventageously than if the seme was sold at public auctione WHEREFORE, your petitioner prays that an order do issue, allowing her to sell the hereinbefore described real estate at public or privete sale, free and clear of all incumbrances to the end that the debts of the decessed may be paid in full. ELLEDGE & WELLS, Attorneys for Petitionore LAW OFFICES ELLEOGE & WELLS WINSTON-SALEM,N.C. Page # 2 As e ] Ar e y “s o y y t e n 8c 6 l LAW OFFICES ELLEDGE & WELLS WINSTON-SALEM.N.C, Page # 2 - NORTH CAROLINA FORSYTH COUNTY Mrse Gladys B. Tally, being first duly sworn, deposes and says: That she is the duly qualified and acting executrix of the estate of Mrse Mary Lacy Gaither, deceased; that she has read the foregoing Petition; that the same is true of her owm knowledge except as to matters therein stated upon information and belief, which she believes to be true, Wn. Noo dig Sworn to and subscribed, beforeme, this the 20th dey of January, 1939. ov: Notery My commission expires: Auge 27, 1940. As e ] Ar e y “s o u u i e n 8t 6 l NORTH CAROLINA IN THE SUPERIOR COURT, TREDELL COUNTY PEFORE THE CLERKe MRSe GLADYS B. TALLY, Executrix of VARY LACY GAITHER ANSWER. = VS - WRS. RUBY 5. BARRON and MRS GLADYS Be TALLY The defendant, Mrse Gladys B. Tally, in answer to the petition filed in the above entitled cause, says: - le. That the allegations contained in Peregraph One are admittede @=2. That the allegations contained in Paragraph Two are admitted e -3 «= That the allegations conteined in Paragraph Three are i ei allegations contained in Paragraph Four are admittede a 8 a That the ellegations contained in Paragraph Five are admittede - 6 « That the allegations contained in Paregreaph Six are admittede WHEREFORE, the defendant joins the executrix in petitioning the sale of the real estate to make assets to pay the debts of the deceased. ! L (3 CA ad Ni An fd As e ] Ar e y “a o u y r e n NORTH CAROLINA FORSYTH COUNTY 8c 6 l Mrse Gladys B, Tally, being first duly sworn, deposes and says: That she has read the foregoing Answer; that the same is true of her own knowledge except as to matters therein stated upon information and belief end as to those matters she believes it to be truce 4 Ly v r thy AL odin (3 VI ~ Afviants y Sworn to and subscribed before me, this the 2© day of January, 1939, My commission expires: Leh 28° 7877. As e ] Ar e y “s o u y i e n 8c 6 l NORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY PEFORE THE CLERK. MRSe GLADYS B, TALLY, Executrix of MARY LACY GAITHER #- VS = MRS. RUBY B. BARRON and MRS. GLADYS B. TALLY The defendant, Mrse Ruby Be Barron, in answer to the petition filed in the above entitled COUuSG, says: ele allegations contained in Paragraph One are admittede @ 2 e allegations conteined in Paragraph ‘wo are admittede @- 3 = allegations contained in Paragraph Three are admittede -4e That the allegations contained in Paragreph Four are admittede - § = That the allegations contained in Paregraph Five are admittede 6. That the ellegetions contained in Paregraph Six are admittede WHEREFORE, the defendant Joins the executrix in petitioning the sale of the real estate to make assets to pey the debts of the deceased. Vina, Die hes te Diaciie, ' 7 \ As e ] Ar e y ) “o y y r e y NORTH CAROLINA FORSYTH COUNTY 8c 6 l Mrse Ruby B, Barron, being first duly sworn, deposes and says: That she has read the foregoing Answer and that the same is true of her own knowledge except as to matters steted upon information and belief, which she believes to be truee Sworyi to and subscribed before Me, of Janu My commission expires: /o- 29-3 ] As e ] Ar e y “a a y y i e y 8f o l LAW OFFICES ELLEDGE & WELLS WINSTON-SALEM.N.C. NORTH CAROLINA IN THE SUPERIOR COURT, TREDELL COUNTY BEFORE THE CLERK. MRS. GLADYS B. TALLY, Executrix of MARY LACY GAITHER = VS @ MRS. RUBY B. BARRON and MRS. GLADYS B. TALLY. THIS CAUSE Coming on to be heard, and being heard by his Honor Ce Ge Smith, Clerk, and it appearing to the court, upon the duly verified petition of the petitioner that Mrs, Mary lecy Gaither died testate, leaving as her only devisees and legatees the defendents hereinbefore named; that the said deceased left personal property valued only in the sum of ¥62.00; that it is necessary, in administering the estate, to pay the funeral bill duly proven in the sum of $276.75; that there is an unproven debt but which is justly due for the erection of an outbuilding on the estate described in the petition; that no tombstone has been erected to the greve of the deceased and that certain costs of administration will necessarily be incurred; that from these facts there is insufficient personal property to pay the debts of the deceased and the same is found as a fact; that both of the devisees and/or legatees have filed answers admitting the facts wet out in the peition and herein found; that it is necessary to sell the property described in the petition to make assets to pay the debts of the deceased.s IT IS, THEREFORE, ORD.RED, ADJUDGED and DECREED that the petitioner be, and is, hereby ordered to sell the lend described in the petition to make assets to pay the debts of her testator; that she may receive bids for a private sale and if such bids are received, file the same with the undersigned Clerk, together with supporting affidavits as to the true value of the property end if no such bids are received or no such bids are approved by the undersigned then the said executrix shall advertise and offer the said property for sele at public auction according to lave This the 7 dey of January, 19396 Ae ] Ar e y y ‘s o y y t e y 8f 6 l LAW OFFICES ELLEDGE & WELLS WINSTON-SALEM, N.C NORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY BEFORE THE CLERK. MRS. GLADYS B, TALLY, Executrix of MARY LACY GAITHER - VS APPRAISAL MRS. RUBY B. BARRON and MRS, GLADYS B. TALLY The undersigned does hereby certify that he is not interested in any manner in the estate of Mrse Mary Lacy Gaither; that he knows the farm owned by her containing approximately FZ acres, and the buildings and improve= ments thereon, near the Town of Harmony, and knows the value thereof; that in his opinion a fair market value of the said farm as of this date ig $ 2,000 %=. NORTH CAROLINA FORSYTH COUNTY o being first duly sworn, deposes and says: That the foregoing is true to the best of his knowledge. 7 Sworn to and subscribed before MO, this the 30th day of June, 1939, eyes Oe thang, NOTARY PUBLIC. My commission empires Demet. 26 7% J/ r Ad e ] Ar l e y “l o y i e y Sc o l eanuely coth lav _utory rPewn by you end proceedure ts proper, ie do iu special pros édings, aventory is .75¢, - es Ore c- 'aut wio¥ 5 very truly, C. Ge Smith, Clerk gu erior Court NORTH CAROLINA IN WE SUPERTOR CouRT, As e y Ar e y “l a y y r e y IREDLL COUNTY BEFORE THE CLERK. 8f 6 l URS. GLADYS Be. TALLY Eeooutrisx of WARY LACY GATTI: - We IRS, RUBY Be BARRON and MNS. GLADYS Be TALLY The undersigned doos hereby certify that he is not interested in any memer in the estate of lirse lary lacy Gaither; that he knows the farn omed by hor containing approximately 52, acres, and the buildings and inprove= ments thereon, near the Tom of Harmony, and knows the value thereof; — that in his ooinion a fair market value of the said form as of this date is $ NORTH CARO! TA : FORSYTH CouvTY t aed La Geese ed being first duly svorn, fhat the foregoing is true to the best of his Ikmowledge. deposes and says: Sworn to and subscribed before me, this the SOth day of dimes 1959 LAW OFFICES oa a. ELLEDGE & WELLS WINSTON-SALEM, WN. C, NOTA! re . iy commission oxpiress)<+1 ; 26 ZF Z/, c a. YORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY BEFORE THE CLERK. Ao e ’ y Ar e y ‘s o u y i e y WRS. GLADYS B. TALLY, Executrix of MARY LACY CAITITR 8t o l - VS « APPRAISAL VRS. RUBY B. BARROW and HRS. GLADYS B,. TALLY The undersigned does hereby certify that he is not interested in any manner in the estate of Mrs. Mary Lacy Saither; that he knows the farm owned by her containing approximately $4 acres, and the buildings and improve- ments thereon, near the Town of Harmony, and knows the value thereof; that in his opinion a fair market value of the said farm as of this date is $ 2,060 ‘- NORTH CAROLINA FORSYTH COUNTY Cade A? Watts being first duly sworn, deposes and That the foreroing is true to the best of his knowlejce. Sworn to and subscribed before me, this the 30th day of June, 1939. ~ ® ae un PURLIO Yy commission oxpirest_jeuet. 26 AG | LAW OFFICES — ELLEDGE & WELLS WINSTON-SALEM, N. C, Ad e ] Al e y y “1 a y y e y 8t o l LAW OFFICES ELLEDGE & WELLS WINSTON-SALEM, N.C. NORTH CAROLINA IN THE SUPERIOR COURT, IREDELL COUNTY BEFORE THE CLERK. MRS. GLADYS B. TALLY, Executrix of MARY LACY GAITHER - VS « PETITION FOR CONFIRMATION OF SALE. GLADYS B. TALLY The undersigned Administratrix respectfully showeth the court: That she had two appraisals made of the property described in the petition which are attached hereto; tt Ster as reported to this court, she gave an option to one Te. Re ile oats Pee said property with government funds, to be secured by him in the sum of Twenty-Two Hundred($2200.00) Dollars, on the 2lst day of February, 1939; thet said option was accepted on June 8, 1939 and no increases, offers or bids have been made; that your vetitioner is advised, informed and so believes that the said sale is very adventageous for the benefit of the creditors and devisees under the will and she respectfully petitions that an order be signed, oon aee e 1 d allowing your petitioner to make a deed to lMre Te Re Ho BP ae HY CMR cy, Wu. Rie hee Exe cytrix NORTH CAROLINA As e ] Ar e y “o y y r e n FORSYTH COUNTY 8t o l That he is the duly qualified Executrix of the estate of Mary Lacy Gaithers that she is the petitioner in the above entitled cause and has read the foregoing petition; that the said is true of her owm knowledge except as to matters therein stated on information and belief which she believes to be truee Affiante We Bit GE ties ( Sworn to and subscribed before me, this thesO day of June, 1959. Betis Nebr Ys hao NORTH CAROLINA My commission oxpirest yrete - 2 co “4 S/ - = LAW OFFICES ELLEOGE & WELLS WINSTON-SALEM, N.C, NORTH CAROLINA IN’ THE SUPERIOR COURT. As e ] Ar e y “i o y y i e n IREDELL COUNTY 8t o l MRS. GLADYS B. TALLY, Executrix of MARY LACY GAITHER - VS = MRS. RUBY B. BARRON and MRS. GLADYS B. TALLY THIS CAUSE coming on to be heard, and being heard, before the undersigned Clerk, and it appearing to the court that the Executrix had received a bid at Be Te fade Peles sum of Twenty Two Hundred ($2200.00) Dollars from one T. Re Holton, * ee Fepérted to this court; thet the said bid was pursuant to an option’ given in the Month of February, 1939, which was accepted June 8, 19393 that the said was accompanied by two appraisals of disinterested persons and the Executor has recommended that the said sale be consummated and that the seme is for the best interest of the estatee Upon said report the court finds that the said sale is for the best interest of said estate and is a fair and reasonable price and the sale should be consummatede IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED that the petitioner in this cause be, and is, } We ave ized to accept the said bid and make a deed to the said Te Re Hite Gd Hea nt of Twenty-Two Hundred ($2200.00) from him end is further ordered to make a report to this court of the disbursement of said funds in her report on the estate. 7 Uf MA G7 (jv aisle > ——— . . 9 IREDELL COUNTY. This the Jo’ day of Junoy 1939. LAW OFFICES ELLEDGE & WELLS WINSTON-SALEM, N.C. LAW OFFICES ELLEDGE AND WELLS 312-316 FIRST NATIONAL BANK BUILDING ARCHIE ELLEOGE WINSTON-SALEM,N.C. JU. M.WELLS, JR. September ll, 1939-6 ZEB Vv. GAMBILL Ao e ' y Ar e y “i o y y i e n 8e 6 l Clerk Superior Court, Iredell County, Statesville, Ne Ce In Re = Tally, Administrator Gaither Estate: Dear Sir: The Annual Report in the above cause was due on September 6th but has not been filed in that we had hoped to be able to file a final report not later than October 6th, and desire an extension until that timee It may not be possible to file a final report because there are two small items that have not as yet been settled but Mrse Tally will either file a Final Keport or an Annual Report. Very truly yours, ELLEDGE & WELLS, py: { Ly kt y. LAW OFFICES ELLEDGE AND WELLS 312-316 FIRST NATIONAL BANK BUILDING ARCHIE ELLEOGE WINSTON-SALEM,N.C. J. M.WELLS, JR ZEB V. GAMBILL October 24, 1939 As e ] Ar e y y “o y y r e y 8t 6 l Mr. C. G. Smith, Clerk Superior Court, Iredell County, Statesville, N. C. Dear Sirs Please find enclose a final report in the estate of Mrs. Mary Lacy Gaither, together with a fee of #5200 for filing and auditing the final report, and receipts for the expenditures. Wie do not have all the receipts executed by your office, but our Clerk does not recuire the same, in view of the fact that there is a record in the office of the transaction. We got the amount of filing final report from our Clerk, and added 50¢ additional above what it would be in our county, and hope that it is correct, but if not, Mrs. Tally and her sister will send the added amount. Thanking you for your cooperation in this matter, we are, Very truly yours, ELLEDGE & \.ELLS on ey Med ft , Enclosures LE/s Ar e y y “o y y e n Ka e ] r 8e 6 l October 26, 1939 All ; rt Wiad ; +} ' NOoOrTun v ai 6] ort of Jv . ii tier, iat it is ieut amount rte Our J Lu, "cCuULsQGe Ad e ] Ar e y “a y y i e y 8t o l Final Report Form For Executors, Administ and Collectors NORTH CAROLINA ) IN THE SUPERIOR COURT FORSYTH COUNTY BEFORE THE CLERK IN THE MATTER OF MRS. GLADYS B. TALLEY Name of representative EXECUTRIX - FINAL REPORT Official capacity MARY. LACY CA ITHER Name of deceased Were any of the funds that are to be distributed to the persons entitled to same derived from the sale of real estate? Yes. is If so, has representative searched the records in the county in which the land is situated to ascertain if there are any judgments or other liens recorded against the persons who are to receive these funds that would be a lien on said funds? _ HON. C. G. SMITH ‘i To WXBXCHURGH, Clerk Superior Court, Foresth County, North Carolina, Your representative respectfully returns and shows upon oath the following as a full, just, true and correct final account for settlement of his transactions, as representative of the estate of the above named deceased, said account covering the period beginning with the.Stb__day of..September ______ , 1988______ , and including the. 20th day ee October ci. ; that more than twelve months have expired since the date of the first publica- tion of his legal notice to creditors; that he has accounted for all and singular the goods and chattels, rights and credits of the said deceased, together with all monies coming into his hands from whatever source; and that the assets of said estate have been fully administered in the settlement of all lawful claims duly filed against said estate, and the balance, if any, distributed to the person or persons entitled thereto in accordance with law. Said representative further avers that he does not know of any error or omission in this or any other account or inventory filed by him during the course of the administration of this estate that may prejudice the interest of any creditor or other interested party. Wherefore, your representative respectfully prays approval of the disbursements shown in this account, which is a just, full, true and correct account for settlement, with a full explanation as to each disbursement as to its pur- pose, together with the proper voucher supporting each disbursement made during the period shown herein; that this report be accepted as a final report for settlement; that the same be audited, approved and recorded, and that your representative be discharged from any further duties in connection with this trust. 1938 RECEIPTS Oct. 5 - From Reed Laws, tenant, ; tobacco crop from farm, less expense —~ - — - — _ % 3.74 " 25 a " " " " Z " " " Wee SO ret ies Nam he uae ah kaa « 18.82 Dec. 19 ~- From Treas. U. S. Cotton eqmelisetion check = - ~ 46 6 Wk en 4 ns 6.34 Feb. 7- ©" Mrs. Lee wens God SO os 8 ew OS ee ee 61.09 Sept.31 - " U.S. Treas. Soil Conservation CEG se mn ee ae ee a le ie 17.99 July 1 - Tw ae ae! WEE WORE OWNERS Sa ee Ng Te ee ee 2,200.09 June 30 - " [and & rititede! Uehusheothocth,...., tit ee ee iS eee TOTAL RECEIPTS - -«. =. « Se ee aie a ine ie a ey in ae ae, 94 9335.09 Ser - TO Se Be Sin Woes Mibinkbightion & «S20 Swe a a % 5 035 Various "Mrs. Gladys B. Tally - gas trips to Statesville, in lieu of comms. - - 3.95 1939 Jane 12 - " Statesville meaay) GAVOTURBIing «<< 3 6 Se ew wn ae een eae 2250 27 - "C. S. C., filing ROO eS oh ae se ah cae ee ah ts my howe, wel 075 July 6- "™ Reavis Funeral ny Se Teak Gemare) BI) a ik me oe we ee ke wie eas 276.75 " 6- *¢, Ss, Wee COORG NOUUERL SECUEERIN Ete = me oon os ak Sa he oc 13.09 June 30- " Tax Collector, Irdell Comty, 193¢ taxes -------_ ----+--+- 48.74 " Recording and isan. «shed sdice heh plied. Te ae oP ae eee as a eT 4-50 De ee ee NEE Ms i a oe 8 ks oh er eae 42059 Ane Te WORE): RORNUNNE SOR ow oo eh We a a le a, MRS. GLADYS B, TALLY, Exectrix Mary Lacy Gaither - Final Report - Page # 2 - 1939 DISBURSEMENTS - Cont'd. Oct. 17 - To Mrs. Lee Jones, in settlement of claim, in full $ 300.00 " U4- “" Hermony Milling Company, in full of claim 126.15 De Dr. D. Le Myers, for professional services 44.09 A. J. Maxwell, State inheritance tax 50.48 Clerk Superior Court, filing final report 5.00 As e ] Ar e y “s o u t i e n 8t o l Total Disbursements for Cost and Debts $1,023.67 Mrs. Gladys B. Tally, under will $ 655.71 Mrs. Ruby B. Barron, under will 13h TOTAL DISBURSEMENTS $2 5335.09 War Atsdag Barty Execut Sworn to and subscribed before me, this 20th dey of October, 1939. NOTARY PUBLIC My commission expires: Ga. 26 756i a tA ‘ he Ani Cc Atelen a 4 2p 4 Lier / A f tt. 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Me Me eae cae de ie Pe ee olan t2_t a “> Ja c l 2 bi e l , Cc 4 > ib la n e Cr so m or ae bh . a 2 Ga t c e Pr (4 lo f "G e t Ga i t h e r , Mi l l i e Ga i t h e r , Mi l l i e Ga i t h e r , Mi l l i e Ga i t h e r , Mi l l i e G a i t h e r , M i l l i e a ADVERTISING RATES. _s ORTH CAROLINA, ?In Saperior C so Irepeny Counry, 5 ourt, October Ig, 1883, Wm. E. Lovelace, J. M. Lovelace, James J | Lovelace, Amos Lovelace, Elam Lovelace wer - oe. Lovelace, Elijah Campbej! and wife ft Eliz Campbet;, 21 against » Franklin Gaither, Isam Galther, Finley Bs and wife Tabithy E Finley, Nancy A Gaith- er, Brice Gaither, ——-— Mingle and wife Enieline Mingle, I 1H 500 00 >i im ' s 1} Ye a r etition for Sale of Inna for Partition, It “ppearing to the SAtisfac. 4 ; tion of the court that Franklin Faither, “TT Gq tither, —— canst inley and Wife Finley, Nancy 7 » Bri : Gaither, Mingle ‘tnd wife Emeline Min- Kle, are ni, D-resident o Ststte x | 1M oo ‘ho won : the State of North { trolina, the Stid defend tits are h reby noti fled to ippear at the Mice of ty 2° clerk of Su- ourt of Trede of Nove Mber, 1833, J.B CON LLY, ©. Ss. Cc, W.b Turner, Attorney iw = ‘ rent etnies cle =o snetandietiete gi ~ ‘ . a " . ge ~ \ Le & ‘ . ao fA ¢ , ‘ . ge er thy Lh co on Sh Statewtlh- e fe C : 4 , A Ss ‘io 4 , Py “dl A 36, 3 “LA. ad. a> Phat %6 CORP fl Ove ¢ Z (Pe 4e e : 7 s s "OgelsetCe Ce tA — Pre; «& £4_ 4 ¢ aa. Arte. CALAIS hbo 2d CCC aA LE a "A S ; Oe? fol» 6,77; Lies € Cp Ol F NH county On the Beth day T D M [ \ K, rov and answer or demnr to i the petition NOW On Mle jn this case, or the |. prayer of the Petition wiil be granted , tga £€ - All Kinds of Job Work Pron 1s - ’ Executed > | Work Promptly Executed. ~ i ; SOT k I I tad ‘ Saree ADVERTISING RATES. __ All Kinds of Joh Wor 7 : ORTH CAROLINA, jin Superior Court, |: a cniibihints IReDeuy, Counry, October 19, 1883, Wm. FE, Lovelace, J. M. Lovelace, Tames | - . | Lovelace, Amos Lovelace, Elam Lovelacn, 200! | - Lovelace, Elijah Campbell and wife $00 , CH Cz 3S 2. Eliz, Campbell, 00 Sh / ) f O i ¥ F ehasiiae po s Gales, e Franklin Gaither, Isam Gaither, y | and wife Tabitha E. Finley, Nancy A Gaith- || ~ er, Brice Gaither, —_ Mingle and wife | 2 Emeline Mingle, r Petition for Sale of land for s Sq u i r e Hw e e Sq u n r Partition, It tppearing to the satisfac. [jy «0 tion of the court that Fran lin Gaither, |; sam Gaither, tls Fi Tabditha §. Finley, Nancy A h Gaither, Mingle 2nd wife Emeline Min- gle, are Non-residents of the State of North Carolina, the said defendants are hereby noti- fled to ppear at the office of the clerk of Su- Perior Court of Iredell county. on the 30th day of November, 1883, a nd answer or demnr to the petition now On file in this case, or the q { prayer of the Petition wiil a gran tede [ £ Co i ' m ' s . -é e J.B CON ELLY, C.S. c. W.b Turner, Attorney — Ww = . so —— —_ “ , ; ; -” 44 NONE LG & Vy 2 kr / ) . s i A La a ) Lo ul A (te er Dike | Au (a “Litt ALG? WLP Ca sey ye t ¢ xP * tte =3 oi , ad 4O, MA A q Le re rf At ce JA 4 fi ad. 7 ‘ALK w } £2 \ p fect 2 al. ia on 4 Heky tA. . We A A, Cc “44 a 4 _ o>» AB: e2et LUE, ee tn: Se — {/ ALO ME + BON Nec 242€ Yt ee CLL Dead 200 C Cop, ae ! b, 42, ; QQ nu or cr o o ie) - K 4 be Ww w - @