ALLEGHENY COUNTY, NC - WILLS - Estate of Solomon Fender, Jr., 1902 ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. This file was contributed for use in the USGenWeb Archives by: Carolyn Spence SPENCETOP@aol.com ==================================================================== Transcribed by Carolyn Spence, Sept. 24, 2001 Solomon Fender, Jr. died in 1902, husband of Bettie Willey Fender and son of Allen & Nancy Edwards Fender, was literate and signed all of his notes,etc. Some of the notes were in the wrong file in Raleigh, as belonging to Solomon Fender, son of John Tolliver, who could not read & write. The younger Solomon's signature was distinctive and easily recongnizable. L. M. Fender appointed Administrator of the estate, no date, stating heirs to be himself, Thomas M. Fender, W.I. Fender, Ina Cox and Sallie Joines. Preprinted stationery receipt dated 1/23/1904 ordered and paid in full 6/25/1904, from Mount Airy Marble Works, W.D. Haynes & Co., Proprietors of Fine Marble & Granite Monuments, Tombstones, Iron Fencing, Etc. $25.00 for one set tombstones for Solomon Fender for $10.00, one set tombstones for Elizabeth Fender for $10.00, one set tombstones for John Fender for $5.00. L. M. Fender, being duly sworn says that the estate is indebted to him in the amount of $15.90 for work done by said L.M. Fender in taking care and gathering the crops on the farm of Solomon Fender, dec'd. 4/30/1903 Burr Andrews affadavit: for one half day shearing sheep .25 cents, loan of a horse .25 cents for one day, loan of my boy Mahlon for one day .25 cents, hauling flour .15cents , total $1.15. Signed by signature, 7-28-1902 before B.F. Edwards, JP. J.L. Doughton receipt for $26.25 for his accounts and notes to me, signed by signature 1/26/1904. Robert Cheek for saving crop, .90 cents by signature, 9/20/1902. Nannie McCann for work in home, $2.25, by signature 11/16/1902. Edy Walker for work in corn, 50 cents, by mark, 11/14/1902. J.T.Cox on a note, $7.32 by signature, 3/24/1903. R.E.Brooks three dollars on a note, by signature, 4/16/1903. R.H. Hackler dealer in general Merchandise and country produce, Sparta, NC on letterhead, Solomon Fender was indebted to him in the amount of $9.25 for rye and wheat bought in April and May 1902. J.N.Edwards, Clerk of Court, $10.35 for cost of returns, qualifying and making final settlement, 2/20/1904. W.C.Fields, $12.50 for administration of estate, 2/20/1904. John Choate & C.W. Edwards, $5.75 for what Solomon Fender was due on note, 7/10/1903. 2nd receipt for $40.00 on same note. W.R. Gentry for $4.50 for claims held against Solomon Fender, signed W.R. Gentry, 2/14/1903. Star Publishers, Andy Warden, Agent, $3.50, 2/10/1903. Nannie Brooks for $1.40, by signature, 9/27/1902. William Richardson, for $1.00 to repair wagon, by signature, 7/6/1903. Ina Cox for note, $11.40 by signature 7/26/1902. John A. Nichols, a preprinted note for $20.00, paid in full on 3/3/1903, signed by David Nichols. G.A.Holder for account, $1.41 by signature, 7/28/1902. Cora McCann for work in crop, 50 cents, 10/1/1902. W.R.Gentry for account, $30.15 signed by signature, 12/13/1902. Marmie McCann, 75 cents for working, by signature, 7/28/1902. John Douglas for helping save crop, $3.57, by signature, 7/28/1902. Cora McCann for washing, 75 cents, by signature, 7/28/1902. L.W.Caudill for work in crop, one dollar, by signature, 10/3/1902. G.A.Holder for flour, 60 cents, by signature, 9/17/1902. W.E.Hudson for one note, $6.45 by signature, 8/4/1902. John McCann for work in hay, corn, fencing and hay stack, $3.85 by signature, 12/13/1902. John McCann for boarding hands at work in crop, $2.30, 12/13/1902. Guy F. Duncan, MD, on account, $3.00, 8/26/1902. C.G.Rector for work in crop, 35 cents, by signature, 8/23/1902. W.M.Andrews for work in crop, 40 cents, by signature, 8/23/1902. W.I.Fender for helping save crop, $1.75, by signature, 8/8/1902. C.M.Rector for helping save crop, 80 cents by signature, 8/7/1902. T.M.Fender for coffin, $9.50 by signature, 8/7/1902. Mart Caudill for helping in hay, $2.00, by signature, 8/4/1902. Laura A. Brooks estate indebted to her in the amount of $ 56.14, by signature, 9/27/1902. for work 48 weeks, for work 12 weeks for goods bought at R.H.Gentry's, paid 4/16/1903. L.M.Fender for amount due $ 9.62, 11/15/1902. R.H.Gentry & Son, signed by M.L.Gentry, $2.86 on account, 8/1/1902. W.R.Gentry for $80.00 owed, signed by signature, 7/26/1902. T.M.Fender do certify that Solomon Fender, Jr. was indebted to him when he died to the amout of $1.25 for drilling one half day 7/1/1903, by signature, 6/5/1903. J.E. Sparks for $2.00 for one mare being with foal by my horse, 8/14/1902. F.P.Fields & Co. for General Merchndise, 88 cents. Preprinted notes signed by Solomon: $12.65 to Fields, Carson & Bros., 1/30/1896. $8.44 to Fields, Carson & Bros., 1/30/1896 $64.50 to W.C. Fields, 4/1/1901., co-signed by S.A. Choate as security. $21.50 to John Choat, Administrator of Levi Willey, co-signed by J.M. Edwards, witness L.M. Fender, 3/10/1896. $8.50 to A.R.Shaw & Co.by Solomon & W.I. Fender, 6/13/1902. $36.00 to J.L.Doughton, witness R.L. Gambill, 3/6/1899. Glade Creek Township, taxes, $ 4.21 by D.B.Edwards, Sheriff, John Tompkins, D.S., 8/4/1902. Notes signed by Solomon for $13.00 to W.E. Hudson , 12/15/1899. $30.00 to Ina Cox, dated 5/1/1897. $24.00 to L.M. Fender dated 2/3/1899. $5.00 to H.M. Crouse dated 4/28/1892. Complaint filed 12/18/1902..J.L.Joines & Sallie E. Joines versus : L.M.Fender, W.I.Fender, S.E.Cox & wife LaInnis (?) Cox 1.That Solomon Fender died in July 1902 seized of lands hereinafter set out and described to wit: in several tracts but in one boundary adjoining the lands of W.L. Collins, Rosa Collins, W.R. Gentry, John Douglas, Nancy Andrews, dower, Burr Anders and H.F. Jones lying on waters of Little River, containing about 150 acres. 2. That when he died he left 5 children, 3 sons and 2 daughters to wit: L.M. Fender, T.M. Fender, W.I. Fender, Sallie E. Joines who prior to her father's death had intermarried with J.L. Joines, and Loenis Cox, who prior to her father's death had intermarried with S.E.Cox. 3. That he died intestate and that L.M. Fender has given the proper bond as administrator, has sold the personal property and has sufficient assets to pay all the debts and costs of administration. 4. That all of the heirs and the husbands of the females live in this county except S.E.Cox and wife who are residents of Grayson Co VA, and all are over 21 years, except W.I.Fender being about 18 years old and is without any guardian. 5. That owing to the small area of the land and the valuable improvements in buildings, etc. the lands cannot conveniently divided in kind to the advantage of all of the parties interested, but it will more to the interest of the parties to have it sold and the proceeds divided. 6. That the said T.M. Fender has sold and conveyed his interest to J.R.Edwards and J.R.Edwards has sold and conveyed to J.L. Joines, and now J.L. Joines owns one fifth, and Sallie Joines owns one fifth and L.M. Fender one fifth and LoInis Cox one fifth and W.I. Fender one fifth and all are tenants in common. Wherefore petitioners pray that summons be served upon the defendants and that a guardian be appointed for W.I.Fender to answer and protect his interest, and that the court will decree a sale of the lands. 12/20/1902 Court appointed S.F.Thompson, Guardian of W.I. Fender. At Court of 12/30/1902, case continued to 1/14/1903. Court 1/14/1903: the minor defendant in the above titled action, that allegations one through four are admitted. Allegation 5 is denied: Defendant is informed and believes that J.L. Joines now owns two fifths and his wife owns one fifth of said lands and that said land could be divided among the tenants in common to good advantage which would be a great deal better for minor defendant, W.I. Fender, than if lands were sold. Allegation 6 is admitted except that defendant is informed and believes that L.M. Fender one of the tenants in common has sold and conveyed to J.L. Joines his one fifth interest in lands and now said Joines owns a two fifths interest in lands. Wherefore this defendant prays that the court appoint commissioners to partition said lands and make such orders and decrees that will be for the best interest of the minor defendant, by S.F. Thompson, Guardian of W.I. Fender. The court appointed John Choat, Isom B. Waggoner and M.A. Higgins to partition the land giving J.L. Joines 2 parts, Sallie Joines 1 part, Mrs. Cox 1 part and W.I. Fender 1 part. Commissioners reported to court 3/4/1903 of partition as ordered, and the court passed costs to the parties with J.L. Joines paying 2 parts, and Sallie Joines, Mrs. Cox and W.I. Fender, each one part of the costs. The land was divided into 4 tracts according to value rather than size. Lot 1 to J.L. Joines, value $500.00 Beg. on a locust near the road running N with road 42 poles to a stake N 11 W 38 poles with branch to a stake then E 80 poles to a stake in road, then SE with said road and an old road 68 poles to a black gum, birch, white oak and spanish oak marked as pointers, S 86 degrees W, a straight line 68 poles to an apple near a spring, then S 76 deg. W 8 poles to beginning, containing 34 acres, more or less. Lot 2 to Sallie Joines, value $250.00 beg. on a hickory Gentry's corner N 38 deg. E 69 poles to a spanish oak near road then S E with road 108 poles to a stake then W with lot 1 to stake 80 poles at a branch on Douglas line then to beg. containing 34 acres more or less. Lot 3 to W.I. Fender, value $250.00 beg. at a locust N 76 E 8 poles to a apple tree then N 86 E with lot 1 68 poles to a black gum bush in M.L.Collins' line then SE with Collins' line 89 poles to a chestnut, then S 44 deg W 72 poles to a wild cherry on bank of river then up river 120 poles to mouth of branch and road to beg., containing 57 acres more or less. ( Note on the plat drawing, the Little River runs through this property.CWSpence) Lot 4 to Loinis Cox, value $250.00 beg. at a wild cherry tree on bank of river N 44 deg E 72 poles to chestnut in Collins' line then S E with Collins' line 134 poles to chestnut oak Collins' corner, then S 61 deg W 76 poles to the river, then up river 105 poles to beg, containing 57 acres more or less. Final administration was submitted 2/20/1904 amount collected $581.68 and disbursements totalled $538.13.