Special Proceedings ************************************************************************ USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be freely used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. File contributed for use in USGenWeb Archives by Toni Alvarez 08 June, 1997 Return to the NCGenWeb Archives Table of Contents http://www.usgwarchives.net/nc/ncfiles.htm#NC ************************************************************************** ?ush McAskill, Archie Rush, John C. Rush, Jr., Betty Joe Rush Turner, Ernest F. Chisholm, William R. Chisholm, Fleta C. Holden, Mitchell T. , Sr., Ina C. Groce, Furman p. Covington, Katherine Lambeth, Willie A. Chisholm, Marguerite Chisholm, Katherine C. Milligan, Rosalie C. Jordan, A.K. Chisholm, Walter Fred Chisholm, Brodus Carter Chisholm, or if he is deceased, Ina Louise Chisholm Guidos, and the other heirs and their spouses and the spouse, if any living, of Brodus C. Chisholm, and all other unknown persons, firms, or corporations who have an interest in the subject matter of this proceeding, are co-tenants of two tracts of land located in Montgomery County, North Carolina, and described in deeds to Roderick M. Rush, dated February 9th, 1884, and November, 1891, which deeds are recorded in Book 27 Page 194 and Book 35 Page 65, of the Montgomery County Registry, and described as follows: TRACT #1: BEING in Montgomery County and adjoining the lands of C.H.Rush, K.C. Chisholm and the Alex McDonald heirs.Commencing at a large pine known as the corner pine between K.C. Chisholm, Alex McDonald and C.H. Rush, and runs N. 88 degrees, W.140 poles to the stake on the mill road; thence N. 22 degrees, W. 89 poles with the said road to a stake and three pine pointers;thence N, 6 degrees, W. 19 poles to the Butment of J.F.Greens mill dam on Mountain Creek; thence up the various courses of said creek to a stake by three gum pointers; thence S.86 degrees, E.122 poles to a persimmon with two persimmon pointers; thence S.2 degrees; W.83 poles to the BEGINNING, containing 851 acres more or less. TRACT #2: Beginning at a stake by pine,Allen McDonald's corner, runs thence with his line N.26 degrees E. 80 poles to a stake by 4 black jacks; thence N. 6 degrees E.158 poles to a stake by 5 black jacks; thence N.36 degrees W. 21 poles to a stake, Clark's corner on North side of the public road; thence with his line S.86 degrees W. 200 poles to a stake, a corner of J.C. Rush's lot;thence with and beyond his line, S.14 degrees W. 126 poles to a pine by pine pointers;thence E. 61 poles to the BEGINNING,containing 95 acres, more or less. II. That Tom Mae Coggin is of full age and a widow; Maude R. Ritchie is of full age and is intermarried with Earl Ritchie; Pate Rush is of full age and is intermarried with Myrtle G. Rush; Harris Rush is of full age and is intermarried with Willie Rush; Mary Rush is of full age and is a widow; G.C. Buchanan is of full age and is a widower; W.L. Buchanan is of full age and is intermarried with Nancy M. Buchanan; Benjamin C. Rush is of full age and is unmarried; Jane Abagail Starr is a minor and is unmarried and has no general or testamentary guardian in this state; Addie R. McAskill is of full age and is a widow; Archie Rush is of full age and is intermarried with Vera W. Rush; John C. Rush, Jr. is of full age and is intermarried with Cozette C. Rush; Betty Joe Rush Turner is of full age and is intermarried with Al Turner; Ernest F. Chisholm is of full age and is intermarried with Minnie Chisholm; William R. Chisholm is of full age and is intermarried with Ethel Chisholm; Fleta C. Holden is of full age and is intermarried with P.E. Holden; Mitchell T. Chisholm is of full age and is a widower; Ina C. Groce is of full age and is a widow; Furman P. Covington is of full age and is intermarried with Margaret Covington; Katherine Lambeth is of full age and is intermarried with J.E. Lambeth; Willie A. Chisholm is of full age and is a widow; Marguerite Chisholm is of full age and is unmarried; Katherine C. Milligan is of full age and is intermarried with Michael Milligan; Rosalie C. Jordan is of full age and is intermarried with Thomas Jordan; A.K. Chisholm is of full MONTGOMERY COUNTY IN THE SUPERIOR COURT NORTH CAROLINA BEFORE THE CLERK MRS. TOM MAE RUSH COGGIN, Widow, Petitioner, SUMMONS Against ____ FOR RELIEF (Special Proceeding) MAUDE RUSH RITCHIE, et al, ) ) Respondents. ) STATE OF NORTH CAROLINA To the Sheriff of Cumberland County--GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON BETTY JOE RUSH TURNER and husband, AL TURNER, 3625 Carlos Avenue, Fayetteville, North Carolina respondent(s) above named, if to be found within your county, to appear before the Clerk of Superior Court for the County of Montgomery at his office in the County Court House in Troy, North Carolina, and answer the petition of petitioner WITHIN TEN DAYS AFTER DATE OF SERVICE OF THIS SUMMONS on respondents(s); and let said respondent(s) take notice that if said respondent(s) fail(s) to ANSWER the petition within the time above specified the petitioner will apply to the court for the relief demanded in the petition. Herein fail not, and of this summons make due return. Given under my hand and the seal of said Court, this 3rd day of November, 1962. [signed] Charles M.Johnson_________________ Clerk of Superior Court, Montgomery County. ___________________________________________________________________________ __ OFFICER'S RETURN Received 11-19______, 1962_ Served 11-20- ___ , 1962_. By_______R. A. Edge______________________ Deputy [typed] ___________________________________________________________________________ __ MRS. TOM MAE RUSH COGGIN, widow, Petitioner, vs. MAUDE RUSH RITCHIE and husband, EARL RITCHIE; PATE RUSH and wife, MYRTLE RUSH; HARRIS RUSH and wife, WILLIE RUSH; MARY RUSH, widow of WESLEY RUSH; G.C. BUCHANAN, widower of VISTA RUSH BUCHANAN; WILLIAM L. BUCHANAN and wife, NANCY M. BUCHANAN; BENJAMIN CHRISTOPHER RUSH, single; JANE ABAGAIL RUSH STARR, a minor, single; ADDIE RUSH McASKILL, widow; ARCHIE RUSH and wife, VERA WEST RUSH; JOHN C. RUSH, JR. and wife, COZETTE COOKE RUSH; BETTY JOE RUSH TURNER and husband, AL TURNER; ERNEST F. CHISHOLM and wife, MINNIE CHISHOLM; WILLIAM R. CHISHOLM and wife, ETHEL CHISHOLM; FLETA CHISHOLM HOLDEN and husband, P.E. HOLDEN; MITCHELL THOMAS CHISHOLM, SR., widower; INA CHISHOLM GROCE, widow; FURMAN P. COVINGTON and wife, MARGARET COVINGTON; KATHERINE LAMBETH and husband, J.E. LAMBETH; WILLIE A. CHISHOLM, a widow; MARGUERITE CHISHOLM, single; KATHERINE CHISHOLM MILLIGAN and husband, MICHAEL MILLIGAN; ROSALIE CHISHOLM JORDAN and husband, THOMAS JORDAN; A.K. CHISHOLM, single; WALTER FRED CHISHOLM and wife, MARGARET CHISHOLM; BRODUS CARTER CHISHOLM, or if deceased, INA LOUISE CHISHOLM GUIDOS and husband, PETE GUIDOS, and the other heirs and their spouses, if any living, of BRODUS CARTER CHISHOLM and his spouse, if any living. And all other unknown persons, firms, or corporations, who have an interest in the subject matter of this proceeding. ___________________________________________________________________________ __ To the Honorable Clerk of the Superior Court of Montgomery County: Your petitioner respectfully shows unto the Court: I. That Tom Mae Rush Coggin, Maude Rush Ritchie, Pate Rush, Harris Rush, Mary Rush, G.C. Buchanan, W.L. Buchanan, Benjamin C. Rush, Jane Abagail Rush Starr, Addie Rge and is unmarried; Walter F. Chisholm is of full age and is intermarried with Margaret Chisholm; Brodus C. Chisholm, if living, is of full age and may or may not be married; Ina Louise Chisholm Guidos is of full age and is intermarried with Pete Guidos. III. That your petitioner is informed and believes: That Roderick M. Rush, late of Montgomery County, died intestate in 1903, seized and possessed of said lands; that at the time of his death, Roderick M. Rush was survived by his wife, Narcie Rush, now deceased, and seven brothers and sisters, to-wit: James C. Rush, Benjamin C. Rush, Martin Rush, Mastin Rush, Lou M. Rush, Abbie Rush, and Mary Belle Rush; that at the date of this Petition all of the brothers and sisters are deceased; that the petitioner and respondents to this proceeding are all the known heirs or devisees, or the spouses of heirs or devisees of the deceased brothers and sisters of Roderick M. Rush; that the property herein descended under North Carolina General Statute 29-1 in equal shares to the seven brothers and sisters of Roderick M. Rush or their heirs and devisees. IV. That your petitioner is informed and believes: (1) That four of the brothers and sisters of Roderick M. Rush, to-wit: James C. Rush, Martin Rush, Lou M. Rush, and Abbie Rush died intestate without ever marrying or having children. (2) That one brother, Mastin Rush, died intestate; that he was married to Mrs.Mastin Rush, deceased; that he had three children, to-wit: Addie R. McAskill, Archie M. Rush, and John C. Rush, Sr; that John C. Rush, Sr., died intestate and his wife is deceased; that he had two children, to-wit: John C. Rush, Jr. and William Rush; that William Rush died intestate and his wife is deceased; that he had one child, Betty Joe Rush Turner. (3) That one brother, Benjamin Calvin Rush, died intestate; that his wife, Eliza Harris Rush is deceased; that he had seven children, to-wit: Maude R. Ritchie, Pate Rush, Harris Rush, Tom Mae R. Coggin, Wesley Rush, Vista R. Buchanan, and George W. Rush; that Wesley Rush is deceased and that he devised all his property to Mary m. Rush; that Vista R. Buchanan died intestate survived by her husband, G.C. Buchanan, and one son, William L. Buchanan; that George W. Rush died intestate and his wife is deceased; that he had two children, to-wit: Benjamin Christopher Rush and Jane Abagail Starr. (4) That one sister, Mary Belle R. Chisholm, died intestate; that her husband is deceased; that she had nine children, to-wit: Ernest F. Chisholm, William R. Chisholm, Fleta C. Holden, Ina C. Groce, Mitchell T. Chisholm, Aaron Chisholm, Corrinna C. Covington, Walter A. Chisholm, and Brodus C. Chisholm; that Aaron Chisholm, a widower, died testate, the residuary clause of his will under which this property passes, being left in equal shares to Katherine C. Lambeth and Furman Covington; that Corrinna C. Covington died intestate; that her husband is deceased; that she had two children, to-wit: Katherine C. Lambeth and Furman P. Covington; that Walter A. Chisholm died intestate; that his widow, Willie A. Chisholm is living; that he had the following children, to-wit: Marguerite Chisholm, Katherine C. Milligan, Walter F. Chisholm, Rosalie C. Jordan, and A.K. Chisholm; that it is unknown whether or not Brodus C. Chisholm is living, or if living, whether or not he is married; that his only known child is Ina Louise C. Guidos. V. That your petitioner is informed and believes that the relationship to Roderick M. Rush, and the respective interest in said lands of each of said tenants in common are as follows: TENANTS IN COMMON RELATIONSHIP INTEREST Tom Mae R. Coggin Niece 1/21 Maude R. Ritchie Niece 1/21 Pate Rush Nephew 1/21 Harris Rush Nephew 1/21 Mary Rush devisee under will of nephew 1/21 G.C.Buchanan widower of niece curtsey in 1/21 int.of W.L. Buchanan W.L. Buchanan Great-nephew 1/21 subject to curtesy int.of G.C. Buchanan Benjamin C. Rush Great-nephew 1/42 Jane Abagail R. Starr Great-niece 1/42 Addie R. McAskill Niece 1/9 Archie Rush Nephew 1/9 John C. Rush, Jr. Great-nephew 1/18 Betty Joe R. Turner Great-niece 1/18 Ernest F. Chisholm Nephew 1/27 William R. Chisholm Nephew 1/27 Fleta C. Holden Niece 1/27 Mitchell T. Chisholm Nephew 1/27 Ina C. Groce Niece 1/27 Furman P. Covington Great-nephew 1/27 Katherine Lambeth Great-niece 1/27 Brodus C. Chisholm (or if deceased, his heirs) Nephew 1/27 Willie A. Chisholm Widow of nephew dower interest in a 1/27 Marguerite Chisholm Great-niece 1/135 Katherine C. Milligan Great-niece 1/135 Rosalie C. Jordan Great-niece 1/135 A.K. Chisholm Great-nephew 1/135 Walter F. Chisholm Great-nephew 1/135 the last five are subject to the dower interest of Willie A. Chisholm That your petitioner knows of no other persons, firms or corporations who have an interest in the land herein described. VI. That your petitioner desires to hold her interest in said land in severalty but that the nature and size of said land is such that an actual partition thereof cannot be made without injury to some or all of the parties interested therein, and a sale is necessary for equitable division. VII. That the deeds describing the land herein to be sold for partition are ancient deeds and there may be some question about the definiteness of the location of the corner and the boundary lines and, if so, definite corners and boundaries should be established; that your petitioner is of the opinion that a survey of said lands may be necessary, and that if the commissioner appointed by the Court to sell the said lands deems it necessary, a survey thereof should be made. WHEREFORE, your petitioner prays the Court: 1. That the Court order said land to be sold at public or private sale in such manner and in such parcels as the Court may deem for the best interest of all the parties concerned. 2. That the Court appoint a commissioner to sell said lands under the direction of the Court. 3. That if the commissioner deems a survey of the premises necessary, that the Court appoint a sur- veyor for this purpose and fix a reasonable fee for his services, which fee shall be taxed as part of the cost of this proceeding. 4. That the Court appoint a Guardian ad Litem to protect the interest of Jane Abagail Rush Starr, a minor, and any unknown parties. 5. That the Court order the net proceeds of said sale, after payment of Court Costs in this proceeding, be divided among the tenants in common in proportion to their respective interest therein. 6. That the Court make such other and further orders as may be necessary for the expeditious sale of said lands. THIS, the 29th day of October , 1962. [signed] ___George W. Coggin______