ALLEGHENY COUNTY, NC - WILLS - Levi Willey (1812-1896) Probate Record ==================================================================== 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 ==================================================================== Levi Willey (1812-1896) Probate file, Alleghany Co NC transcribed by Carolyn Willey Spence, August 2001. Levi Willey died at the age of 84 in early February 1896 without a Will. Levi's estate settlement is a classic estate file that we all should be happy for an ancestor to leave for us to see. Within the papers of this file, true glimpses of the past, and the neighborhood in which our ancestors lived are found. John Choate applied for and was granted letters of Administration of the estate. The estate was not fully closed until 1901 because Levi's only surviving daughter died before the estate was settled, leaving her part of the land holdings in court for 2 years. Probate packet transcribed by Carolyn Willey Spence, August 2001 from copies at NC state Archives, found in box CR.004.508.29. The packet contains copies of the actual pieces of paper submitted to the court by John Choate, Administrator. John gathered all notes due to Levi's estate and the claims against it, and verified each one as just or injust, writing receipts as they were paid by the estate. The Probate court in Alleghany county NC kept all these bits of paper and forwarded same to the NC Dept.of Cultural resources & History in Raleigh, where photostatic copies are available. John Choat was appointed Administrator of the estate on 18 Feb. 1896. His oath is a pre-printed legal form printed by Harrell's Printing, Weldon, NC and the oath was taken before W.E.Cox. John Choat did not affix a "e" to the end of his name on any of his signatures. The application for administration is also a pre-printed form in which John Choat estimates the estate to be about five hundred dollars real estate and 500 dollars personal property, and names heirs as A.M.Edwards, G.L.Edwards, Bettie Fender, J.E.Sparks and J.C.Sparks. The Court immediately asked for an inventory of personal property and J.C. Roupe(?) a Justice of the Peace and Henry McDaniel Crouse and H.K.Boyer, Commissioners, performed the inventory on Feb.20,1896 and alloted the following to the widow, Martha Fender Choate Willey, to whom Levi had been married to since 1875, 21 years. The law at that time allowed the widow $300.00 in personal property to be exempted from the court ordered administration. Martha's allotment: one bed, one coverlet, one blanket, one bedstead, 2 pillows (by fire in west room)$16.00, one bed, 5 quilts, one blanket, one bedstead, 4 pillows $18.00, 9 chairs, one table & linen cloth, one water bucket, dipper and wash pan $ 4.30, one small clock, one churn, one stove pan, 2 pots, one tea kettle and one coffee pot, one dish pan & tea boiler,one brass kettle $14.15, one water bucket, 9 plates, 2 white dishes, one molasses pitcher, one butter dish, one white bowl, one jelly dish, one white dish, 9 goblets $3.55, one dining table, 3 fruit jars, one fruit jar, one safe, one set tea s., 6 knives & forks, 5 teacups, one wall chest,& 2 trays, one dresser in kitchen $15.08, one bed chamber, one bed pan, 5 towels, one lamp, one coffee mill, 12 gallons crockery, 2 bakers, 20 bushels wheat, 12 bushels ripe $ 28.70, 100 ears corn, 50 lbs. dried coffee, 2 pad locks, one axe, one tub & soap trough, 200 lbs. bacon $67.95, one wheel, one white cow, one red cow, one yoke cattle, 13 sheep, 2 stocks oats, one stack hay, another stack hay $131.87. Amount consumed since death of Levi Willey, 40 cents. Total $300.00 (Note: From my personal experience in intestate allotments to widows, the widows are usually allowed to choose the items they want to keep, and if the value would exceed the allotment, the appraisers of the inventory are usually sympathetic to the widow and will under value some items so that the widow gets the things of her choosing.) A sale of the remainder of personal property was held March 10,1896 but no report of the items sold or the buyers thereof are in the file. The sale resulted in $440.46 collected at the public sale. As a further legality the widow Martha Willey had to take legal action against the heirs for her dower of land and the house. This proceeding was began on Feb.19,1896.(Doweragor's rights were similar to a life interest, meaning Martha could live there as long as she lived, but the land would revert to Levi's heirs upon her death. I strongly believe that after Martha died in 1897, my g-g-grandfather Thomas Ambrose Willey and his family occupied the former Levi Willey house and were living there in the 1900 census.) John Choat made several reports to the court on his progress and the total of the estate after Martha's allotment amounted to $904.30,( over $18,000.00 in today's currency) that being the funds from the sale of property and the following IOU notes in Levi's papers from people who owed money to Levi, with interest: S.A.& R.C.Choat $66.90 dated Oct 5, 1886 of which $53.45 had been paid to Levi before his death, leaving a balance of $13.45 plus interest. R.C.Choat for $18.52 dated Dec. 1, 1875. Granville Willey Feb. 23, 1892 for $ 26.00 ( This was not collectible.) Richard Edwards $100.00 dated Feb. 23, 1895 plus interest due 2/23/97. Richard Edwards $100.00 dated Feb. 23, 1895 plus interest due 2/23/98. John Choat $14.40 dated Aug 22, 1892, balance due $4.40. Richard Edwards $75.00 dated 2/23/1895 plus interest due 2/23/99. Solomon Fender $14.34 dated Aug 2, 1887, balance due $7.64. W.H.Conkling dated May 22, 1881 $5.00(this IOU was deemed utterly insolvent by John Choat, meaning it could not be collected.) John Choat then calculated the interest due on these notes: Granville Willey $ 9.81 Richard Edwards $63.11 Solomon Fender $ 8.87 (5 cents in 1896 is equivilent to one dollar now.) At the final estate settlement on Dec. 20,1898, John Choat had a residue of $60.98 to give to Levi's heirs, divided into 3 parts: Charity Sparks, Bettie Fender, Sallie Edwards, those three are dead and all leave heirs: Charity Sparks'part divided between J.E.Sparks & J.C.Sparks, $20.32 & two thirds cents,(the equivilent of $399.01 in today's currrency.) Sallie Edwards part divided between A.M.Edwards & G.L.Edwards $20.32 and two thirds cents, Bettie Fender's part to Solomon Fender $20.32 and two thirds cents. Receipts were issued from Solomon Fender, J.E.Sparks and A.M.Edwards on that date. Following are IOU's from Levi to others and claims against his estate: Solomon Fender being duly sworn says that the estate of Levi Willey is justly indebted to him in the sum of $ 72.58 with interest on same from 2nd day of August 1892. Signed, Solomon Fender, sworn before J.N.Edwards. S.L.Shufe makes oath that the estate is indebted to him in the amount of $ 8.00. Signed S.T.Shufe. Sworn before W.E.Cox on March 23rd 1896. ( paid) R.H.Hackler one of the firm of Fields, Hackler and Co. makes oath that the estate is indebted on this date in the sum of $ 44.71 dated Feb 21, 1896. Sworn before W.E.Cox. (paid) a IOU from Levi ( signed with his "X") $15.00 One day after date I promise to pay W. Truitt fifteen dollars with 8 percent interest, witness my hand and seal this April 3rd, 1893. X by Levi Willey , witness S.A.Choate ( William Truitt also died before or after Levi's estate was being administrated, because the receipt for payment of this note is signed by J.M.Waggoner Jr., Executor of the estate of William Truitt, deceased.) Paid on 6 April 1896. a IOU from Levi $ 22.85, one day after date with interest 6 percent I promise to pay D.R.Cox twenty two dollars and eighty five cents for value received this March 9th, 1895, signed by Levi with his X, witness J.L. Joines, then below is written: Cr the written note $ 20.00 this April 5, 95. A balance of $3.02 was paid by John Choate on March 10th, 1896. An affadavit sworn before H.M. Crouse, Justice of the Peace: This day personally appeared before me Lucinda Redd and made oath that Levi Willey, deceased, was indebted to her of sixty dollars for work and labor done for five years and beginning the 10th day of June 1890 to this date March the 10th 1896. signed with an X, Lucinda Red. On the back of this note was written: It is agreed that this claim be scaled to forty five dollars. Signed Lucinda Redd with her X, and John Choate, Adm. Witness R.A. Doughton along with a receipt for $ 5.00 . $ 5.00 received paid in full of this claim. $ 40.00 of same paid to Lucinda Redd ( or Jno. Moxley, Agent) by said Choate. Nov 5, 1896, signed R.A.Dougton. Rec'd of John Choat, Admr. of Leavy Willey forty dollars to be ccredit on claim against the said Willey this July the 15, 1896. Lucinda Red per J.A. Moxley. A statement of account from Dr. Robert Thompson for professional services. A Ledger record recording each date the Doctor visited Levi and his wife Martha Fender Choate Willey. Some highlights: Sept.29, 1891 to visit wife 2.00, Dec 30 for medicine, 50 cents, Jan 2 1892 to visit wife $2.00, Jan 5, 1892 to visit Levi, visited wife Jan 15,23, 30th, Feb 4, 14, 15, 16, 19th, $ 2.00 each visit. Dec 9th, 1895 to set broken leg for Levi, follow up visits, Dec. 10, 12, 14, 15, 16, 17, 18, 20, 23, 25, 27, 30, $ 2.00 each visit. It continues until Jan. 26, 1896 with a balance of $ 65.25 on the account. John Choate paid $ 20.00 on the account March 10th 1896. Dr. Robert Thompson sells and assigns the claim to W.C.Fields on July 17th, 1896, the balance of $40.25. W.C.Fields issued a receipt on Dec. 18th,1896 for the balance plus interest of $ 41.25. A $ 5.00 discrepency seems to have been a payment made by Levi before his death that Dr. Thompson forgot to credit. It was credited, reducing the original balance to $60.25 (Paid) This day J.M.Edwards personally appears before me and makes oath that Levi Willey, dec., was indebted to him in the sum of 80 cents after all just credits being given for one mowing machine guard 80 cts difference in a trade 25 and 25 for oats. Sworn too and subscribed before me this Feb.the 1, 1897. Signed H.M.Crouse, J.P. (Paid) Rec'd of John Choate Administrator of Levi Willie $2.00 two dollars subscription on building Little River Church, this Sept.1,1897. Signed J.M. Edwards, building committee.(paid) Levi Willie to Emmett Choat for labor on farm one dollar and 35 cents. Emmett Choat personally appeared before me and made oath that the above account is just and true this 13th day of April 1896. R.H.Gentry, J.P. Gilbert Edwards being sworn states that estate of Levi Willie is justly indebted to him in the sum of one dollar and seventy five cents and that the same is due and unpaid. Signed with X, Gilbert Edwards, July 6th, 1896 T.C. Higgins, J.P.( paid) IOU from Levi: April 8, 1895 One day after date I promise to pay M.L. Collins three dollars for value receive at six percent . Signed with X, Levi Willey, witness J.C.Sparks. (note was written by J.C. Sparks)(Paid May 3, 1897) Jos Johnson maketh oath that Levy Willey is indebted to him in the sum of seventy five cents this Feb. 1st, 1897. Sworn before C.W.Edwards, J.P.(paid) The estate of Levi Willey indebted to me $5.00 for twenty days service for feeding and taking care of the stock of the dec. Levi Willey. signed J.C. Sparks, sworn & subscribed before H.M.Crouse, J.P. on Feb.8th,1897 (paid Feb 10,1897) April 29th,1896 George Ward makes oath that Levi owed him 75 cents. Sworn before ?.?. Reeves, J.P.(paid Jan.4,1897) ( The following I don't completely understand) on letterhead of THE STAR PUBLISHING CO., Publishers, Job Printers, Stationers, Etc., 1895, Aug 4. Eleven Mowing machine (looks like sections?) .92 cents, same day Aug 4th, forty four ? ( looks like rinds) for mowing machine. 08 cents, Feb.27th Admn Notice $ 2.00, March 5th line local for sale of property, 30 cents.( paid on March 31, 1897 by John Choate and rec'd by A.S.Carson.) Personally appeared before me William Choate this day and makes oath that Levi Willey dec., was indebted to him in the sum of one dollar and eight cents for horseshoes. Signed William T.Choate, March 14, 1896, before R.A. Choate,J.P.(paid Sept 6,1897) IOU one day after date I promise to pay twenty dollars for value received borrowed money with 8 percent interest from date this March 6th 1894. Signed by Levi with his X, attest signed by Sinda Red ( Interesting that in the other claim, Lucinda Redd could not write and her signature appears on this claim !(paid Jan 4th, 1897 the amount of $ 24.52 was paid to William T. Choate, Jr.) IOU one day after date I promise to pay William Truitt ten dollars borrowed money at 8 percent interest, it for value received of him. witness my hand and seal this Aug 25th, 1892. signed by Levi's X, witness S.A.Choate on back is : credit this note $ 8.00 eight dollars November the 26, 1893. Red'd of John Choate,Admr. of Levi Willie $3.32 balance in full of this note April 16,1896. Rec'd of John Choate Admn. of Levi Willey ( Dec) seven dollars for surveying etc. This March 10th,1898. J. L.Joines. (Small printed receipt of Gap Civil Township, Alleghany County) Recd of John Choate, Admin of Levi Willey his taxes for the year 1895 as follows: state $3.28, School $2.06, county $3.11 total $8.75. signed by J.L.Joines, Sheriff. ( printed by The Elkin Times Job Print, Elkin NC) IOU eight months after date I promise to pay to C.W.Edwards sixteen dollars for value recd of him with 6 percent interest from date this Jan 21st 1895. signed by levi by his X. No witnesses. On back is written interest to date on this note $ 1.70, affadavit $3.25, total $20.95 Nov 4,1896. A affadavit then is found sworn before W.E.Cox on Mar 9,1896 and the note was paid on Nov 4th,1896. A.M.Edwards appeared before J.P., H.M.Crouse and made oath that Levi owed him one dollar for a ox yoke delivered to Levi on Nov 1, 1895. Sworn on Sept 7, 1896. Signed by A.M.Edwards and H.M.Crouse, J.P. Jesse Toliver appeared before ?.?. Reeves, acting Justice of the Peace on June 25, 1896 and made oath that Levi owed him one dollar and 80 cents. Signed by Jesse Toliver. Twelve months after date we promise to pay Freelin Crouse sixty dollars for value rec'd with interest from date at the rate of 8 percent per annum. this Feb. 19th, 1894. Signed by Granville Willey with a X and by Levi Willey with his X. Attest: J.L. Joines, surety. Credit the within fifteen dollars Feb. 1,1897, twenty five dollars Nov.1,1897, twenty dollars Jan 23,1898, $1.72 April 4,1898. Credit this note sixteen dollars and 50 cents, April 4,1898. Paid in full by John Choate. No signature. Due L. Wily thirty dollars ($30.00) this Jan 13th 1894. Signed L. Willy with an X attest: J. L.Joines ( on the back of this paper appears: Rec'd of John Choate Admin of Levi Willey $2.38 this Dec.18,1896, signed W.C.Fields, bal of $17.35 after these credits. Rec'd of John Choate in cash $14.00 July 5th 1898 balance $4.95, Rec'd of John Choate $5.08 balance in full Dec.15,1898. signed by W.C.Fields. credit the written note ten dollars March 25th 1895. ( Curiously, this IOU does not specify who Levi owed $ 30.00 to...... on this same paper is written on the reverse side: Pay to Fields & Hackler for value rec'd June 20,1894. Granville Willy by his X and (col) written by the side. Another signature appears, but I am not sure what it says. It appears to be R.P.Saners ?) W.C.Peake appeared before W.E.Cox on March 7,1898 and made oath that he ran a mill and sawed lumber on the farm of Levi Willie and Willie agreed for him to sell the lumber to W.R.Gentry and he did it in his lifetime and he agreed for Gentry to buy it and he did so. Signed W.C.Peake by his X. Nov 5th 1897, W.I.Harp wrote a receipt to John Choate, Admr of Levi Willey, dec, for five dollars and fifty five cents in full of affadavit lost by John Choate. IOU one day after date I promise to pay Granville Willey fourty three dollars and seventy three cents for value rec'd this Feb.11th,1896.. signed by Levi Willey by his X. attested by J.L.Joines. On the back are payments of 8.45 and 13.00 in Feb and March of 1897 by John Choate. A balance of 5.26 was paid on Jan.31,1898. A.J. Willey being sworn says that Levi Willey is indebted to him to the amt of two dollars for work on fence. After giving him all just credits, this March 9,1896... Signed A.J.Willey, sworn before C.W.Edwards, J.P. ( A.J. Willey was Samuel Willey's youngest son, aka Jack Willey, known to be a carpenter at the time.) (Paid March 20, 1896) A pre-printed promissory note appears in the amount of $ 109.33. Twelve months after date, with interest from date at 8 percent per annum, WE, promise to pay JOHN CHOATE, GUARDIAN OF ELLEN MAY EDWARDS, one hundred nine dollars & 33 cents. Dated April 5, 1895.... signed Granville Willey and Leavy Willey, both signed with an X... No witnesses....( There are 2 different handwritings on this. On the back is written Cr by $23.90 Feby 28th, 1896 and Rec'd of John Choate administrator of Levi Willey $ 113.99 balance in full this note this Dec. 15, 1898, signed John Choate guardian of Ellen May Edwards.) IOU: One day after date I promise to pay Martha Willey thirty dollars the same being for value rec'd, this Sept. 1st, 1892. Signed Levi Willey by his X. Witness, W.E.Hudson ( paid 28.00 on Nov 15, 1897) This day Samuel Cox personally appeared before me and makes oath that Levi Willey, dec., was indebted to him in the sum of one dollar and fifty cents after all just credits being given. Signed: Samuel Cox. Sworn before H.M. Crouse, J.P. March 30th, 1896 ( Paid Mar 30, 1897) IOU: One day after date I promise to pay Martha Willey seventeen dollars for value received of her witness my hand and seal this Nov the 24th, 1891. Signed by Levi with his X, attest: S.A. Choate ( This one is written on a torn in half piece of paper imprinted "Revenue Service" and the receipt written on the back, credit this note eight dollars, May 14, 1892. The original Revenue Service note reads in part, August 10th, 1886, your account, the government, meet me in Sparta, and settle the.) J.C. Sparks order to John Choate: Dec. 29, 1898, Mr. John Choate, Dear Sir, You pay J.W. Edwards what due me from Levi Willey estate and this shall be your receipt as administrator for the amount you pay him. Yours truly, J.C. Sparks Rec'd of John Choat administrator of Levi Willey dec., ten dollars and 16 cents my part in full of the personal estate of Levi Willey on final settlement of same. Dec. 20, 1898 Signed: J.E.Sparks Rec'd of John Choat administrator of Levi Willey twenty three dollars for legal services in the administation of said estate for writing and in the division of the land. Nov. 20, 1898 signed: W.C.Fields, Fields & Cox. John Choat being sworn says that the estate of Levi Willey is justly indebted unto him for money loaned Levi just before his death in the sum of two dollars and that the same is due him over and above all discounts that said estate has against him. Signed: John Choat, sworn before J.N.Edwards Dec. 20, 1898. Rec'd of John Choat Admin. of Levi Willey, dec'd, ten and 16 and one third /100 dollars in full of my part of the personal estate on final settlement, this Dec. 20, 1898. Signed: A.M.Edwards Rec'd of John Choat Administrator of Levi Willey twenty dollars and 32 cents in full of net personal estate on final settlement coming to CHARITY FENDER my deceased wife, this Dec. 20th, 1898. Signed: Solomon Fender ( Attorney W.C.Fields wrote this for Solomon Fender to sign, however in doing so, Mr. Fields wrote the wrong name of Levi's deceased daughter. The receipt should have read "Elizabeth or Bettie" instead of Charity. There were 2 Solomon Fenders'and the other Solomon was married to a Charity, so Mr. Fields was probably confused.) We have rec'd our fees as commissions in case T.M.Fender vs. W.I. Fender & Solomon Fender in full. July 1st,1901, D.R.Cox, H.M.Crouse, C.W.Edwards Rec'd of John Choat, Admin. of Levi Willey two dollars for registering and proving two deeds connected with the division of the Levi Willey lands and two dollars with which I owe the court the other two proven & registered this Dec 20, 1898. J.N.Edwards Rec'd of John Choat Admin, of Levi Willey ten dollars and 16 and one third cents balance in full due me as one share of the said distribution of the estate of Levi Willey. G.L.Edwards, by H.S.Edwards, this Jan 2,1899. IOU: Six months from date with eight percent interest from date we or either of us promise to pay W.T.Choat forty dollars for value rec'd, this Dec. 17th, 1894. Signed: Granville Willey by his X, S.A.Choat by signature and Levi Willey by his X. witness: S.A.Choat and J.L.Joines ( This is interesting because there were 2 S.A.Choate signatures, and the signatures are not by the same person. Also noted is why these 3 would co-sign a note) IOU: Oct 10, 1895 One day after date I promise to pay John & S.A.Choat six dollars for 4 sheep. Levi Willey by his mark. No witness. Jan 1st, 1897, W.R.Gentry being duly sworn, deponent says that the estate of Levi Willey is indebted to him the just sum of $6.53 for merchandise, after all just credits being given. Signed: W.R.Gentry, sworn before W.E.Cox. W.R. Gentry also claims that the estate of Levi Willey is indebted to him the just sum of $4.00 for 800 foot of lumber which he, W.R.Gentry bought of W.C.Peak by consent of Mr. and Mrs. Levi Willey, said lumber being at the saw mill yard on said Willey's land, and was afterward used in building the barn now owned by J.E.Sparks. Signed: W.R.Gentry, sworn before W.E.Cox, Feb. 1st, 1897. Feb. 1st, 1897 personally appeared before me Granville Willey ( colored) and made oath in due form that W.R.Gentry's statement concerning the enclosed 800 ft. of lumber is true and correct. Signed: Granville Willey by his X, sworn before W.E.Cox.( Was paid $10.53 in full in March of 1898) R.S.Carson made oath that Levi Willey owed him one dollar and 60 cents on Oct.5,1896 before W.E.Cox and was paid March 7th, 1898. John Choat one of the Administrators of HAYWOOD EDWARDS being sworn says that the estate of Levi Willey is indebted unto the estate of Haywood Edwards as shown by said H.Edwards book in his store in the sum of $10.27 and that the same is due and owing according to his best belief with interest from about April 1st, 1896 (note: Levi died in Feb. 1896) Sworn before J.N.Edwards, Dec. 20th, 1898 Land Dispositions: 2/19/1896 Dower's Petition Martha Willey vs. Solomon Fender, Elizabeth Fender, J.E.& J.C. Sparks, & A.M.& G.L. Edwards To the Superior Court, your petitioner Martha Willey would most respectfully show the court: 1. That Levi Willey a resident and citizen of this county died in this county in Feb. 1896 seized and posessed of the real estate hereinafter, in this petition, described and left surviving him your petitioner, his widow and Elizabeth Fender, who prior to his death had intermarried with Solomon Fender as his only living child, and J.E.Sparks and J.C.Sparks two grandsons by his daughter Charity Sparks, the said Charity having died prior to her father's death, and A.M.Edwards and G.L.Edwards also two grandsons by his daughter Sally Edwards who also had died prior to her father's death, That your petitioner and all the defendants except G.L.Edwards are residents of this county and all are of full age; that defendant G.L.Edwards is a non- resident of this state. 2. That Levi Willey died intestate and the lands he owned at the time of his death all lie in this county on the waters of Jewel Swamp Creek and Peach Bottom Mountains and are bounded and surrounded by the lands of JOHN M. TOLLIVER, GRANVILLE WILLEY, J.E.& J.C.SPARKS, J.L.JOINES, and by WILLIAM TRUITT AT THE TIME OF HIS DEATH, JANE GAMBILL, ROBERT C.GAMBILL, ELLIS BILLINGS OR HIS MOTHER, RICHARD EDWARDS, S.S.FENDER, and DAVID EDWARDS and EVOLINE FENDER, the specific boundaries by lines, courses and distances are fully set out in the deeds and conveyances belonging thereto and the same will be surveyed by jury in laying out the said dower and their report will be made. The whole boundary contains about 400 acres or more according to present estimation. 3. That your petitioner is entitled to dower in the aforesaid lands, all of which she now has in her posession. Wherefore she asks first that summons issued for all the defendants to be served upon them, that she has a one third interest in value in the aforesaid lands including the buildings set apart and assigned and allotted to her for her natural life as dower. That the court will decree and adjudge that she is entitled to same and that the court will order the Sheriff of this county to summon a jury according to law to lot off and assign her dower in the lands and report to the court. W.C.Fields, Attorney for petitioner Signed by Martha with her X. To the Sheriff of Alleghany Co. you are herby directed to summon three good and lawful men, unless one of the parties to this action requires a greater number, then not to exceed twelve, qualified to act as jurors to meet at the late residence of Levi Willey, deceased, who after being sworn by you or some other person authorized to administer oaths in this county, shall proceed and ascertain what lands and the value thereof that Levi Willey died seized and posessed and to allot to petitioner Martha Willey his widow, one third in value including the dwellings and buildings where the said Levi Willey lived and to set apart by metes and bounds, allot and assign the same to her as her dower in her late husband's estate and make report to this court within five days after they have finished assigning the same. The lands all lie in Alleghany county, in one body and are bounded by the lands of JOHN M. TOLLIVER, GRANVILLE WILLEY, J.E.& J.C.SPARKS, J.L.JOINES, and by WILLIAM TRUITT AT THE TIME OF HIS DEATH, JANE GAMBILL, ROBERT C.GAMBILL, ELLIS BILLINGS OR HIS MOTHER, RICHARD EDWARDS, S.S.FENDER, and DAVID EDWARDS and EVOLINE FENDER, the specific boundaries by lines, courses and distances fully set out in the deeds & conveyances belonging thereto. W.E.Cox, Clerk of Superior Court (10 days later the case came to court with no protest from the heirs and the court gave Martha her dower rights. The lands were further defined as being on Jewel Swamp Creek and Peach Bottom Mountain, and bounded by the same above listed neighbors.)(Summons answered and signed by signature by all of the defendants.)Served by summoning: W.E.Hardin, Wilbern Woodruff and H.K.Boyer this March 23rd, 1896 by J.L.Joines, Sherrif. (Before the lands could be formally disposed of Elizabeth "Bettie" Fender died and additional legal proceedings kept the lands from being passed to the grandchildren until well after 1900. However it appears that Bettie Fender was assigned 209 acres, so three portions would have been at least 627 acres still owned by Levi Willey at his death.) Feb. 22, 1901, T.M.Fender against Solomon Fender & W.I.Fender: W.C.Fields, Attorney for T.M.Fender; That the defendant, Solomon Fender intermarried with Bettie Willey about Oct. 1865 and of said marriage they had 5 children, to wit: L.M.Fender, Ina Fender who has intermarried with S.E. Cox, Sally J.Fender who has intermarried with J.L.Joines, petitioner T.M.Fender all now over 21 years of age and the defendant W.I.Fender, who is now 16 years old and lives in this county and is without any guardian. That said Bettie Fender by descent from her father Levi Willey's estate the lands hereinafter described about the year 1896 and in about the 1st of Feb. of that year, that Bettie Fender died in this county about July 1898 and left surviving as her only heirs the said T.M.Fender, Ina Cox, Sally Joines, L.M.Fender and W.I.Fender; and her husband Solomon Fender as tenant by the courtesy of the said lands, that L.M.Fender has conveyed all his interest in said lands to the other 4 heirs, his brothers and sisters; That T.M.Fender has bought the interest of his said two sisters and they with their husband have made and executed deeds to him; that Solomon Fender has conveyed three forths of his life estate in said lands to petitioner T.M.Fender; that T.M.Fender is therefore the owner of three forths of said lands and Solomon Fender the owner for life of the other one forth and W.I.Fender the owner in fee of the reversion any interest in the said one forth part and they are tenants in common; that said lands lie in the county on the waters of Jewel Swamp Creek ans waters of Dog Creek adjoining the lands of J.L.Joines, Sida Fender, J.E.Sparks and others and bounded as follows: beginning at a chestnut on a ridge and runs North 57 East 68 poles to a poplar near a branch, then North 22 West 38 poles to a stake, then North 70 East 156 poles to a black oak in a hollow then North 128 poles to water oak, then West 60 poles to chestnut. South 68 West 60 poles to stake, North 50 West 24 poles, South 20 West 135 poles to stake South 60 West 30 poles to sassafras, South 45 East 22 poles to locust, South 15 East 55 poles to a hickory, South 10 Wet 102 poles to the beginning, containing 209 acres; that this land be divided in kind giving to T.M.Fender three forths interest thereof and to Solomon Fender for life and to W.I.Fender in reversion the other one forth interest in said lands. Wherefor petitioner prays that court: summons be served on Solomon Fender and W.I.Fender, that a guardian ad litem be appointed for W.I.Fender to answer and defend for him, that the court divide said lands giving petitioner three forths interest. Court appointed James Lundy Joines Guardian for W.I. Fender on 22 Feb. 1901. Land was divided INTO 2 TRACTS by a survey performed by J.L.Joines on April 15, 1901. J. Lundy Joines was employed by H.M.Crouse, C.W.Edwards and D.R. Cox, county commissioners. T. M. Fender was assigned 169 acres, and W.I. Fender was assigned 40 acres.