Haywood County NcArchives Court.....Jones, Zachariah P. & Mary J. W. 1876 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Marshall Styles marshallstyles@yahoo.com May 29, 2006, 2:26 pm Source: Nc Archives Written: 1876 Zachariah P. Jones and Mary Jane Welch Jones (1) Lunacy Proceedings in Haywood County NC Court for Zachariah Pulliam Jones, Jr. and (2) Estate Records of Zachariah Pulliam Jones and wife Mary Jane Welch Jones, Obtained from the North Carolina Department of Archives and History at Raleigh. Transcription by Marshall Styles, marshallstyles@yahoo.com (Notes: Zachariah Pulliam Jones, Jr. was the son of Zachariah Pulliam Jones and Sarah Morrow of Haywood County, NC. His wife Mary Jane Welch is believed to be the daughter of John C. Welch and Sarah Moody Welch. Zachariah's lunacy proceedings were a direct link to his death. Hence, both are presented together herein. Zachariah and wife Mary Jane Jones apparently died within a year or so of each other. Haywood County Probate and Estate Records offer evidence and insight.) June 23 1876: "Haywood County, In the Probate Court, In the Matter of Z.P. Jones, Jr.} Application for the Inquisition of Lunacy. To the Honorable, the Judge of Probate of Haywood. The undersigned respectfully represents that Z.P. Jones, Jr., a citizen of Haywood County is a Lunatic, and so deranged that he is incompetent to manage his own affairs or attend to business. That he has been laboring under mental derangement for some time. That in the opinion of the undersigned it is necessary that proceedings be had to inquire into the state of the mind of the said Z.P. Jones, Jr., and to that end the undersigned would respectfully ask that an order issue to the Sheriff of Haywood County commanding him to summon a jury of twelve good and lawful men to inquire into the condition of the mind of the said Z.P. Jones, and report and to make such further orders as shall be right in the premises, and in duty bound will ever pray. Mary J. Jones, the wife of Z.P. Jones, being duly sworn says that she has heard the foregoing petition read and the facts stated therein of her own knowledge are true and those stated on information she believes to be true. {Signed} Mary J. Jones. Sworn to and subscribed…" "Haywood County, In the Probate Court, In the Matter of Z.P. Jones, Jr.} Order for a Jury: To the Sheriff of Haywood County, Greeting. Whereas it appearing from the petition of Mary J. Jones, filed before me that Z.P. Jones, Jr., a citizen of Haywood County is a Lunatic and incapable of managing his own affairs. These are therefore to command you to summons twelve good and lawful men to inquire into the state of the mind of the said Z.P. Jones and report their proceedings under their hands to the Judge of Probate of Said County. This you shall in no wise omit under the penalty prescribed by law. Given under my hand this 23rd day of June 1876. {Signed} J[erry] Ratcliff, Jr., Judge of Probate." Endorsed as follows: "Executed by summoning the following jury: G.D. Allen, J.A. Plott, J.P. Herren, WilliamE. Miller, W.A. Herren, J.N. Benners, W. Albert Owenby, J.G. Smith, J.R. Commons, D.A. Owen, W.J.G. B. Boyd, H.B. Plott. S.J. Shelton, Sheriff" July 1 1876: "Report of Jury of Inquisition} We the undersigned jurors having been duly summoned and sworn to inquire into the state of the mind of Z.P. Jones do make the following report, that is to say, we have examined the said Z.P. Jones and are fully satisfied that he is a lunatic and has not sufficient mental capacity to manage his own business affairs." [The above individuals signed their names to the report.] July 5 1876: "Application of Z.P. Jones, Jr., as Lunatic. Question 1: What is the name of the patient? Answer: Z.P. Jones, Jr. Q2: What is his age? A: Thirty years. Q3: Is he married or single? A: Married. Q4: What is the supposed cause of his insanity? A: Secondary Syphilis. Q5: In whqat way is the disease exhibited? A: By failure of the intellect, with breaking down of both the mental and physical systems. Q6: Has any medical treatment been pursued, if so, what kind? A: No recent treatment. Q7: How long has he been insane? A: About one year. Q8: Has he manifested any propensity to injure himself or others? A: Some to others, none to himself. Q9: Has he been subject to epilepsy? A: Partially. Q10: Has any of his ancestors been insane? A: Not known. Q11: Has he any family? A: He has a wife and two children. Q12: What is his occupation? A: Farmer. Q13: How many attacks of mental disease has the patient had? A: But one, and that has been all the time since taken about a year ago. "The above named Z.P. Jones, Jr., has been declared a lunatic by a jury of inquisition regularly summoned and qualified according to the statute made and provided for in such case. Dr. G.D.S. Allen and Samuel L. Love, two practicing physicians of Haywood County being duly sworn state in their opinion the said Z.P. Jones, Jr., is a fit subject for the lunatic asylum. {Signed by doctors}. Sworn to and subscribed this the 5th July 1876. J. Ratcliff, Jr., Clerk of Superior Court, Haywood County. "To the Superintendent of the Insane Asylum: I, J. Ratcliff, Jr., of Waynesville, Haywood County hereby make application on behalf of our county for the admittance of Z.P. Jones, Jr., into the asylum as he is a very poor man and it would be a great relief to the community and his friends as they are all unable to do anything for him in anyway and the county has no place to keep him. By receiving him you will confer a great favor if possible. Yours Respectfully" 1877: Zachariah Pulliam Jones, Jr., dies in Haywood County. November 1878: Mary Jane Welch Jones, his wife, dies in Haywood County. March 3 1879: "List of property came into my hands as guardian of John & Robert, minor heirs of Z.P. & Mary J. Jones, was sold on the 6th day of January 1879, on six months credit, to wit: 1 cupboard $5.75; 1 cow $14.00; 1 small table $0.80; 1 large table, 1 oven $1.05; 1 baker and lead $0.65; 1 pot and hooks $0.55; 2 buckets, 1 coffee pot & wash pan $0.30; 1 small tub and _?_ $0.70; 1 bell $0.60; 1 sneed(?) and hoes $0.20; 1 large tub churn & meal tub $0.70; 1 smoothing iron $0.45; 1 looking glass $0.15; 2 chairs $0.50; 1 axe $0.70; 2 bed steads $2.25; 1 bed and clothing $4.00; 1 bed and clothing $5.00. {Signed} John C. Curry, Guardian. Sworn to and subscribed this 3rd day of March 1879" November 15 1879: "I, J.C. Curry, Guardian of the minor heirs of Z.P. & Mary J. Jones, do hereby certify this is a true account of the amount of corn sold… which is eleven bushels @ .50 = $5.50" Endorsed, "Entered in Book of Records & Accounts, page 96." November 20 1880: "Inventory return of John C. Curry, Guardian of the minor heirs of Z.P. Jones and Mary J. Jones of the rents sold 11 bushels of corn @ 52 cents per bushel $5.72. Entered in Book of Records & Accounts, page 106." February 18 1881: "A.J. Davis vs. J.C. Curry. Petition for relief as surety on guardian bond. Howell & Shuford, Attorneys for Petitioner} In the Probate Court, in the matter of the guardianship of J.C. Curry, Guardian for Robert Jones & John Jones, minor orphans. To the Honorable, the Judge of Probate of Haywood Count. The petition of A.J. Davis of the County of Haywood aforesaid respectfully showeth that on the 2nd day of Dec. 1878 J.C. Curry was appointed by the Judge of Probate guardian to Robert Jones & John Jones, who are minor orphans, & entered into bond according to law in the sum of one hundred & fifty dollars with your petitioner as his surety. Your petitioner does not know precisely what estate & effects of his said wards were received by J.C. Curry, but he has been informed & believes that he received by virtue of said appointment the sum of about forty dollars in money, & it is probable that he has received other estate & effects, the particulars of which your petitioner is not able to set forth. Your petitioner further showeth that J.C. Curry has not returned to court any guardian account; that he has been negligent & unfaithful in the discharge of his duty as guardian & as your petitioner believes, has applied the funds of his wards or at least a considerable portion thereof, to his own purposes. "Your petitioner believes that he is in great danger of loss in consequence of said suretyship , especially as J.C. Curry is very seriously in val__ & is totally insolvent, & he desires to obtain that relief which has been provided by law for sureties to guardian bonds who are liable to suffer. To this end therefore that J.C. Curry may on oath answer the allegations of this petition as fully and particularly as if the same were here repeated, and be thereto interrogated, that an account may be rendered of the estate of his ward which ever come to the hands of the defendant, or to the hands of any other person or persons by his order or for his use, that he may set forth particularly the amount of money now in his hands belonging to his said ward, the bonds, notes, and other evidences of debt in his possession, and also the property of all kinds whatever, now held by him for his wards, that the defendant may be compelled to give sufficient surety to indemnify your petitioner against apprehended loss or to give a new bond or in the event of his failure to do so that he may be removed from his trust as guardian, and that your worship may make such other orders and rules in the premises for the relief of your petitioner and the better securing the estate of said wards as shall appear just and equitable. "May it please your worship to order a summons to be issued against the defendant J.C. Curry, commanding him to appear and answer this petition within twenty days after service of summons." "Haywood County: In the Probate Court. A.J. Davis & H.C. Rice against J.C. Curry} Sumons for Relief. The State of North Carolina. To the Sheriff of Haywood County, Greeting: You are hereby commanded, to summon J.C. Curry, Guardian of the heirs of Z.P. & Mary Jones, the defendant above named, if he be found within your county, to appear at the office of the Judge of Probate for the County of Haywood, within twenty days after the service of this summons on him, exclusive of the day of such service, and answer the complaint… and let him take notice if he fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return." March 1 1881: A petition worded exactly as the one of February 18 1881, was filed in the same court. The only difference between the two petitions, is that the second one bears the names of A.J. Davis and H.C. Rice as plaintiffs. The first petition had erroneously omitted the name of H.C. Rice. April 6 1881: Record of Estate Settlements, page 328: "Settlement of J.C. Curry, guardian of John Jones and Robert Jones, minor heirs of Z.P. and Mary J. Jones, deceased. Debits: To amount of property sold on the 6th day of January 1879 on a six months credit as per report on Book of Record of Accounts on page 86, Principal $38.35. Compound interest to this date on same, $4.12. To amount of sale of rents, sold on the 15th day of November 1879, on six months credit, Principal $5.50, plus interest $0.29. To amount of sale of rents on the 20th day of November 1880, on six months credit, to be due May 20th 1881, $5.72. Total Debits: $53.98. Credits: By receipt of H.C. Rice dated April 6th 1881, $18.00. By receipt of J.T. Welch, dated April 2nd 1881 for burial expenses, $8.63. By receipt of W.R. Ferguson, dated 2nd April 1881 for medical attendance, $5.75. By 6 days services in the interest of wards, $6.00. By account of guardian against his wards, estate, $5.00. By amount paid Judge of Probate on making this settlement, $1.10. Total Credits $49.78. Total Debits over Credits $6.20. {Signed} J.C. Curry, Guardian. Sworn to and subscribed... Allowed $11.00 [to J.C. Curry for expenses] in full settlement" April 15 1881: "In the Probate Court. A.J. Davis & H.C. Rice Against J.C. Curry} Judgment. This cause coming on to be heard and it appearing to the Court that the said J.C. Curry since the filing of the complaint in this proceeding has made settlement with the Probate Court and has rendered an account of the estate of his wards, but it further appearing to the Court that J.C. Curry, defendant herein, has failed to answer the complaint in this proceeding as he is required to do by law, and that he has been negligent in the discharge of his duty as guardian to an extent to justify the plaintiffs in filing the complaint in this proceeding. It is therefore ordered & adjudged that the defendant J.C. Curry pay all costs of this action individually" March 28 1884: "Return & Settlement of J.C. Curry, guardian of John Jones and Robert Jones, minor heirs of Z.P. Jones & Mary J. Jones, deceased. To amount due the heirs at date of last settlement made on the 6th day of April 1881, $55.20: To compound interest on same to this date: $1.00. "The guardian, J.C. Curry, has not rented the place for the last three years, but his family have occupied the same as a home, and the said guardian is willing to be charged with the annual rents equal to what he rented it for previous to the time that he moved on the premised, which is about $5.50 per year, $16.50. Credit by vouchers & receipts $24.67. By balance due guardian to date $1.97. {Signed} J.C. Curry. Sworn and Subscribed… Entered in Book Record of Accounts, page 256 & 257." February 5 1892: "Return and Settlement of J.C. Curry as follows: March 28 1884, By balance due guardian at date of last account: $1.97. Compound interest on same to date $1.03. During the years 1884, 1885, 1886, 1887, 1888, & 1889 the land of his wards was not rented. He advertised to rent 1885 and no one came to the renting to bid for it, and he thought it was better for the land to lie idle than to have the timber cut off and destroyed for firewood & fencing, by having a family live on it as the tract is small containing about ten acres. Rents for year 1890: 6 dozen rent oats worth 12-1/2 cents, $0.75. Rents for 1891: 5 gallons of molasses worth 40 cents per gal $2.00. By cash… for taxes 1879 .37-1/2; 1882 0.50; 1883 0.50; 1884 0.39; 1885 0.51; 1886-1888 0.98; 1889 & 1890 0.80; to F.M. Messer for school account of wards $4.15; by 2 days services in renting & advertising $2.00; Balance due guardian $10.46-1/2. Respectfully submitted, {Signed} J.C. Curry. Sworn and Subscribed… Recorded February 13th 1892 in Book of Records of Accounts, No. 1, for Haywood County N.C., page 505 and 506." _____ [Haywood County researcher Robert Medford places this same Zachariah Pulliam (or Pinkney, as Medford has it) Jones as marrying Marie Martha Noland about 1878, and having two children by her as late as 1889. Also, a marriage in 1884 to Mary Ann Crawford and having four children by her. An unlikely feat for a dead man, to have two wives at the same time and continue to father children. Estate records in the county place Zachariah's death in the year 1877.] File at: http://files.usgwarchives.net/nc/haywood/court/jones107gwl.txt This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 15.6 Kb