PERSON COUNTY, NC - WILLS - Martha Bradsher Estate Papers ==================================================================== 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: Martha Bradsher Spencer marbsp@nternet.net ==================================================================== North Carolina} In the Superior Court Person County} Robert Lea and others } } vs. } } The Heirs of Henderson Bradsher } Robert Lea being sworn says: that in the above-entitled action the Sheriff of Person Co. has returned the Summons issued to him endorsed (?) that “the defendants can not be found in Person County,” that the defendants whose names are unknown to the plaintiffs can not after due diligence be found in the state; that the defendants are proper parties to this suit; that they are non-residents of the state; that they are tenants in common with the plaintiffs in that tract of land of 98 acres to sell which for partition this action is brought. That a great many years ago Henderson Bradsher left this county and made his home in the West in Kentucky or Missouri. That plaintiffs have heard that he is dead for a number of years. That Plaintiffs do not know the names or addresses of his descendants, who with the Plaintiffs constitute all the heirs of Sid Lea & Martha Bradsher who owned said land at their deaths as tenants in common. Wherefore, the said affiant, one of the Plaintiffs, prays that an order be made by the Court, that service of summons be made on said defendants in some newspaper published in said Person County, NC according to law. Sworn & subscribed before R. A. Lea me this July 2, 1894. D. W. Bradsher, C.S.C. ================================================= North Carolina} Superior Court Person County} Before Clerk, July term 1894 Robert Lea, Haywood Lea, Ellen Whitfield by } Complaint her next friend L. C. Hester, Annie Horton, } Bettie Horton, Ella Horton, Bera Horton, Wm. } to sell Horton and Jack B. Horton by their next } friend J. R. Horton, W.W. Walker and wife } Land for Martha Walker, Nat G.Walker, and J. S. } Walker and Lula Walker by their next friend } Partition Mary Walker, Arch Bradsher, Rebecca Phelps, } Diah Wheeley and wife Martha Wheeley, J. W. } Bradsher, Sarah Painter, James A. Hicks, William } Hicks, Robert Nethery and wife Jane Nethery, } Marion Bradsher, Eliza Davis, Fannie C. Bradsher, } Eliza Bradsher, Rainey E. Bradsher, W. M. A. } Bradsher, Frank A. Bradsher, Richard Bradsher, } John Bradsher, Miss____ Bradsher, that (?) of } the heirs of Martha Bradsher, including the heirs of } Sid Lea, } } Plaintiffs } } } } Against } } The Heirs of Henderson Bradsher } and all the others upon whom the land } of Martha Bradsher descended at her death. } } } Defendants } The Plaintiffs above named complaining of the Defendants allege: I. That together with the defendant they are tenants in common and seized in fee of that tract of land in said County and State in Bushy Fork Township adjoining the lands of James Whitfield, L. C. Hester, W. F. Snipes and others containing ninety-eight (98) acres more or less, it being the land owned by Sid Lea and Martha Bradsher as tenants in common during their lives, and adjoining a tract of 22 acres owned by Sid Lea, and all the parties hereto are heirs of said Martha Bradsher, said Sid Lea having been her nephew. That said land was never divided between said Lea and said Bradsher. II. That the interests of the parties hereto in said land, 98 acres, are as follows: Robert Lea, brother of Sid Lea and nephew of Martha Bradsher owns a 2/15 interest in said land; Haywood Lea likewise owns a 2/15 interest; Ellen Whitfield, daughter and only heir of Katie Whitfield, a sister of Robert & Haywood Lea, owns a 2/15 interest; Annie Horton, Bettie Horton, Ella Horton, Bera Horton, William Horton, and Jack B. Horton (children and only heirs of Mrs. Susie Horton, a sister of Robert and Haywood Lea) together owning 2/15 interest, each owns a 1/45 interest; W. W. Walker, Nat G. Walker, Jno. L. Walker, and Lula Walker (children & only heirs of Mrs. Elizabeth Walker, a sister of Sid, Robert & Haywood Lea) together owning a 2/15 interest, each owns a 1/30 interest; Arch Bradsher, Rebecca Phelps, Mildred Wheeley, wife of Diah Wheeley, Martha Wheeley, wife of W. B. Wheeley, J. W. Bradsher, Sarah Painter, Mrs. Jane Nethery, wife of Robert Nethery, Marion Bradsher, and Eliza Bradsher, each owns a 1/72 interest in said land, Jas. A. Hicks and William Hicks, children of Amanda Hicks, each owns a 1/144 interest in said land, Fannie C. Bradsher, Eliza Bradsher, Frank A. Bradsher, and Savannah Gilley, wife of _____Gilley, children of Andrew Bradsher are each entitled to and own a 1/432 interest in said land; Buck Bradsher, Richard Bradsher, John Bradsher, and Minnie Bradsher, children of Alex Bradsher, each own a 1/288 interest in said land, these last being the descendants of James Bradsher, a brother of said Martha Bradsher. And the heirs of Henderson Bradsher, who lived and died in the West, own a 1/6 interest in said land (98) acres--said heirs being unknown to Plaintiffs, but supposed to be living in the States of Missouri and Kentucky. III. That Plaintiffs desire to hold their shares or interests in said land in severalty (?). IV. That owing to the great number of tenants in common and the small size of their shares in said tract of land, an actual partition can not be had of same, without great injury to all parties. V. That a sale of said land will be more advantageous to all the parties interested than any partition can be. Therefore Plaintiffs ask the Court to order a sale of said land for partition, and appoint some suitable person to make such sale and report his proceeding to this court and for any other process and just relief. W.W. Kitchin Atty. for Plaintiffs Robert Lea, being duly sworn, being one of the Plaintiffs in the foregoing petition or complaint says the facts therein stated of his own knowledge are true except (?) those stated on information and belief and he believes them to be true. Sworn and subscribed before me this July 5, 1894 } R. H. Lea D.W. Bradsher C/C } ================================================= List of Heirs and Shares of Distribution Robert Lea 1/8 Jane Nethery 1/96 Haywood Lea 1/8 Marion Bradsher 1/96 Ellen Whitfield 1/8 Eliza Davis 1/96 Annie Horton 1/48 James A. Hicks 1/188 Bera Horton 1/48 William Hicks 1/188 Bettie Horton 1/48 Eliza Bradsher 1/576 Ella Horton 1/48 Rainey E. Bradsher 1/576 William Horton 1/48 W.M.A. Bradsher 1/576 Jack B. Horton 1/48 Frank A. Bradsher 1/576 W. W. Walker 1/32 Savannah Gilley 1/576 Nat G. Walker 1/32 Buck Bradsher 1/384 Jno S. Walker 1/32 Richard Bradsher 1/384 Lula Walker 1/32 John Bradsher 1/384 Unknown heirs of Henderson Bradsher 1/8 Minnie (?) Bradsher 1/384 Unknown heirs of Jefferson Bradsher 1/8 Sarah Bradsher 1/96 Rebecca Phelps 1/96 Mildred Wheeler 1/96 Martha Wheeler 1/96 J. W. Bradsher 1/96 Sarah Painter 1/96 ================================================= North Carolina} In Superior Court Person County } Before Clerk 1897 Robert Lea et als. [sic] vs. The Heirs of Henderson Bradsher et als. [sic] J. R. Taylor an attorney-at Law of the city of Paragould and State of Arkansas, first being duly sworn deposes and says: That he is the duly authorized and acting attorney for the children and heirs-at-law of the late Jefferson Bradsher who died in the state of Arkansas many years ago. And that he is specially authorized and empowered to act and represent them in the settlement of the matters of in controversy arising out of the above entitled suit in which said children are the legal representatives of the said Jefferson Bradsher who was a brother of Patsy and Betsy Bradsher; and as such entitled to a distribution of the proceeds of the sale of said landed estate as set out in the above-entitled proceedings. That he has & does hereby appoint and authorize Mess. Winstead & Brooks Attorneys-at-Law in the City of Roxboro, N.C. to represent him and the said heirs of Jefferson Bradsher in all matters of controversies arising in the above entitled action. And he has and does hereby further authorize & empower the said Winstead & Brooks to make, effect & conclude any & all settlements of matters assigning out of the above entitled such as they shall deem for the best interest of the said heirs of Jeff Bradsher. J. R. Taylor Sworn to and subscribed before me this 2d day of Feb 1897 W. H. Ritter, N.P. My commission Aug 22 1900 Received of D. W. Bradsher, C.S.C. Fifty Seven & 80/100 dollars in full of the 1/8 interest of the Henderson Bradsher heirs in the proceeds from sale of the Robt. Lea & others land. This 12 day of May 1897 Winstead & Brooks