POLK COUNTY, NC - MISC - Loose Estate Papers, Holbert, Arledge, Coward/Cowart ==================================================================== 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: Pam Wilson wilsonpam@mindspring.com ==================================================================== The contents of the estate file folders were transcribed/summarized by Pam Wilson of Marietta, GA in May 2000. Please contact me for more information. I am descended from Benjamin and Charity's daughter Sarah Holbert who married Greenberry (G. B.) Arledge. I maintain the Arledge Family History Project at http://www.geocities.com/heartland/prairie/8208 and am list administrator of the HOLBERT-L list through rootsweb.com. NOTE: Reading through these estate files, one is able to construct a fascinating story about a mountain farmer who had a large family and then died without a will. Benjamin and his wife Charity Stover Holbert owned hundreds of acres in what became known as Holbert's Cove in Rutherford (now Polk) County, NC, on Big and Little Cove Creek, which run down parallel to the Green River Cove between Saluda and Silver Creek, as well as on neighboring Alton's Creek. Benjamin Holbert was considered quite wealthy before the Civil War--his real and personal property in 1860 was valued at $10,510, which evidently included the eight slaves he owned (Augustus and Kizzie and their children, probable ancestors of most of the African American Holberts in the western NC area). In contrast, Benjamin's value in 1870 was a mere $675. Benjamin and Charity had 13 children: Sophia (m. Stephen Cowart), Sarah (m. Greenberry Arledge), Joseph (m. Elzira King and Mary Newman), Rebecca (m. Isaac Arledge), Jacob (m. Nancy Dimsdale), John (m. Maden Foster and Rebecca King), Benjamin (m. Mary Carroll), Abraham, Caroline (m. John L. Thompson), Elizabeth (m. Clement Arledge), Charity (m. Thomas Newman and Ransom Foster), Francis (m. Elizabeth Jones), and Mary Pamela (m. Eli Jackson). Abraham seems to have been killed during the Civil War; Sophia, Sarah and Benjamin died young, but left children who were heirs to their grandfather's estate. What complicated matters was that Sophia Cowart, Jacob Holbert, John Holbert, and Benjamin Holbert Jr. all moved to the Cherokee County, Georgia area (which is, ironically, the county in which I now work). The fact that the family was divided between Georgia and North Carolina made the settlement of the estate quite complicated. These documents contains information about Holbert, Arledge, Coward/Cowart and many related and neighboring families that lived in the Green River/Holbert's Cove area of Polk and Henderson Counties of NC, such as Newman, Jackson, Hamilton, Foster, Thompson, Bradley, Justice, Nelson, Morris, etc. It also contains some of the estate papers of Ambrose Mills, though I'm not sure why-- they don't seem to be in any way connected to the Holbert case, and may have been misfiled. Pam Wilson Marietta, GA May 2000 Note: There are two estate folders for Benjamin Holbert; contents of both are contained here. The second folder begins with the 1882 issues regarding the Case for Petition filed by William Thompson. _________________________________________ [Not sure why the following documents regarding Ambrose Mills were in the Benjamin Holbert estate files:] * 6 Feb 1864 Promissory note from Ambrose Mills to pay Allen Taber $100 * 22 Jan 1869 One day after date I promise to pay Richard Whitesides the sum of $15.00 for value received as witness my hand and seal this 22 Jan 1869- Ambrose Mills (seal) [On reverse: April 4th 1870 received on the within $3.80; March 25 1871 then recd $5.00; May 29, 1874 then recd $10.92] * 12 July 1871 By the first of October next I promise to pay to the order of S. Parker $27.20 for value received witness my hand and seal--Thos L. Parker [on reverse: Aug 25, 1874 then recd on the within note $10.00; label says "Ambers Mills note $27.20.5"] * 31 Aug 1875 Justices Court. WH Logan Exr of Felix Logan, Decd Vs John Melton and others: Recd of ABF Mills Exr of Ambrose Mills, decd by WB Mills $21.45 in full of an execution in my hands for collection and costs-signed JW Hampton, Deputy Sheriff * 26 Oct 1875 Final Settlement of Ambrose Mills Estate by ABF Mills, Exr ____________________________________________ Documents pertaining to the Estate of Benjamin Holbert of Polk County, NC * [Undated] typed: Lumber Bill, with extensive list of various building supplies (Sils, floor beams, top joists, porch sils, door and window posts, studs, porch rafters, house rafters, novelty siding, flooring, window casings, nails, etc. with some handwritten additions. Initials handwritten on top of page are "JSH" (or "JLH") * 3 April 1873 Recd of Joseph Holbert Admr of Benj. Holbert $1.00 for letters of Administration on the estate of Benj. Holbert, decd-signed RS Abrams CSC, Judge of Probate * 5 April 1873 Recd of Charity Holbert (J Holbert Admr) $1 my fee for laying of her year allowance-S. Waldrop JD (same receipt, although with wording "for laying off her dower", signed by GB Arledge sheriff, JS Higgins and T. Bradly. Arledge got $1.60 and others each got $1) * 25 April 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased (see below) * 25 April 1873 Recd of Joseph Holbert Admr $2 in full of my fees for crying the sale of Benj. Holbert decd-GB Arledge, sheriff * 25 April 1873 Recd of Joseph Holbert Admr of Benj. Holbert decd $1 in full of my fees for clerking for the sale-signed Eli Jackson * 25 April 1873 Recd of Joseph Holbert Admr of Benj. Holbert decd $1.00 in full of my fee as clerk of the sale of the decd-Grayson Arledge * 25 April 1873: A list of the personal property sold of Benj. Holbert decd Sold by Joseph Holbert Admr on the 25th day of Apr 1873 (see below) * 26 April 1873 Recd of Joseph Holbert Admin of Benj. Holbert estate $6 for corn to feed stock and for attending to and getting up stock-signed F. M. Holbert * 26 April 1873 Recd of Joseph Holbet Admin of estate of Benj. Holbet Decd 50 cents for services in gitting up stock-Ransom {his X mark} Foster, Attest F. M. Holbert * 22 May 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased (see below) * 25 June 1873 Recd Joseph Holbut Admr of Benj. Holbut Decd 50 cents for recording return of inventory-RS Abrams Clk, Judge of Probate * [Undated: estim. Date June 1873] Complaint filed in Polk County Superior Court by Charity Holbert against the heirs at law of Benjamin Holbert (see below) * 1 July 1873: Summons for Dower in case of Charity Holbert vs. Joseph Holbert et al, Superior Court of Polk County, NC. To the sheriff of Polk County-you are commanded to summon Eli Jackson and wife Mary, the defendants above named, if they can be found in your county, to appear before the Clerk of the Superior Court within 25 days after service and answer the Complaint of the Plaintiff, a copy of which will be filed according to law, and let them take notice that if they fail to answer said Complaint within the time prescribed by law the Plaintiff will demand the relief prayed for in her Complaint. Given under my hand and seal of said Court this 1st day of July 1873, RS Abrams, Clerk of Superior Court. [reverse: "We accept service of within summons and waive service by copy and complaint-Eli Jackson, Mary P. Jackson; executed GB Arledge, Shff"] * 1 July 1873: Summons same as above issued to Joseph Holbert, Francis Holbert, Ransom Foster and wife Charity, and Caroline Thompson [reverse: "We hereby accept service of within summons and waive service by copy and complaint-Ransom {his X mark} Foster, J. L. Thompson, Caroline Thompson, F. M. Holbert, Charity Foster, August 4, 1873"] * 1 July 1873 [assumed, but undated and incompletely filled out]: Summons same as above issued to Joseph Holbert and Isac Arledge and wife Rebecca Arledge * 1 July 1873 [assumed, but undated and incompletely filled out]: Summons same as above issued to Joseph Holbert, Isac Arledge and wife Rebecca Arledge, Clemmons Arledge and wife Elizabeth Arledge, Eli Jackson and wife Mary Jackson, Ransom Foster and wife Charity Foster and Caroline Thompson * 1 July 1873: Summons same as above issued Isac Arledge and wife Rebecca [reverse: "We hereby accept service of within summons and waive service by copy and complaint at Hendersonville, July 1873 Joseph Holbert. Service accepted this 2nd of July 1873 Isaac Arledge and Rebecca Arledge"] * [1] July 1873: Summons same as above issued to Grayson Arledge, Isaac Arledge and John Arledge [reverse: "We hereby accept service of within summons and waive service by copy and complaint-Grayson Arledge, Isaac Arledge, J.P. Arledge executed GB Arledge, Shff"] * 1 July 1873: Summons same as above issued to Clemment Arledge and wife Elizabeth [reverse: "We hereby accept service of within summons and waive service by copy and complaint-C. Arledge, Elizebth Arledge; executed GB Arledge, Shff"] * 1 July 1873: Summons same as above issued to John Holbert, Jacob Holbert and heirs at law of Stephen Cowart [reverse: "To hand 23 July 1873, The defendants not to be found in my county said to reside beyond the limits of the state-GB Arledge, Shff"] * List (not dated) of heirs of Benjamin Holbert and their addresses (see below) * 8 July 1873 R. S. Abrams publishes notice of Summons in newspaper * 16 Aug 1873 Recd of Joseph Holbert Admr of estate of Benj. Holbert deceased $6.00 for Deficiency in Dower-signed Charity {her X mark} Holbert, attest J.W. Love * 16 Aug 1873 Recd of Joseph Holbert Admin of Benj. Holbert estate $13.59 for his county and state tax for the year 1873-signed GB Arledge, sheriff * 15 Sept 1873 Recd of Joseph Halbert Admr of Benj. Holbut decd $3.00 in full for cost of filing petition in sale of evidence of debt-RS Abrams Clk * Recd of Joseph Holbert Admr of Benj. Holbert estate 25 c for sail of Notes- GB Arledge sheriff * 25 Sept 1873 Recd of Joseph Holbert $6 for publishing publication in the case of Charity Holbert against the heirs at law of Benjamin Holbert -signed Clendenius (?) Carpenter (editor) * 10 Oct 1873 We the undersigned commissioners recd of Joseph Holbert Admr of the estate of Benj. Holbert Decd one dollars each for laying off he widow Holbert's Dower in land of said dec.-O.J. Nelson, T. B. Justice, J.M. Hamilton, Daniel Edwards, J.J. Clark (on reverse: Juror's receipt for laying of the widow Holbert's dower) * 10 Oct 1873 Recd of Joseph Holbert Admr of Benj. Holbert Estate 75 cts for plank and nails furnished for the burial of deceased 10 Oct 1873 signed T. B. Justice * 10 Oct 1873 Recd of Joseph Holbert $4 in full of my tax fee in the case for filing partition as Admin of Benj. Holbert estate-signed James Morris, atty. by RS Abrams * 10 Oct 1873 Recd of Joseph Holbert Admin of Benj. Holbert estate $2 for qualifying jurors to lay off Dower (?)-signed GB Arledge, sheriff (on reverse, it says "Receipt for laving of widow Holbert Dower") * 25 Nov 1873 Summons: Polk County In the Superior Court: [in the case of ] Joseph Holbert, Isaac Arledge and wife Rebecca, Grayson Arledge, Jno Arledge, Jackson Thompson and wife Caroline, Eli Jackson and wife Mary, Clement Arledge and wife Elizabeth, Francis Holbert, Ransom Foster and wife Charity AGAINST Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H, Coward, Louisa Coward, Mary Coward, H.M. Coward, Sarah Holbert, Cicero Holbert. To the Sheriff of Polk County-Greeting-you are hereby commanded to summon Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H, Coward, Louisa Coward, Mary Coward, H.M. Coward, Sarah Holbert, Cicero Holbert the defendants above named, if they be found in your county....RS Abrams, Clerk Superior Court Polk County. [Reverse: Summons returnable within 20 days. Recd 25 Nov 1873. Not executed the Defts not found in my county Nov 29, 1873, JW Hampton Jr., Dept Shff. JJ Osborne, Plaintiff's Attorney * 27 Nov 1873: Petition for Sale of Land for Partition (see below) * 27 Dec 1873 Recd of Joseph Halbut Admr of estate of Benj. Halbut Dec $5.00- Carity {his X mark} Halbut widow * 8 Jan 1874 RS Abrams, Clk Polk Co to Asheville Citizen (newspaper) for advertising court notice of Holbert vs. Holbert for 6 weeks Dr. $8.00. RM Furman, Asheville, NC 10 Jan 1874 * 14 Feb 1874 Polk County Superior Court, in the case of Joseph Holbert et al against Jacob Holbert et al. This cause coming on to be heard on this day it appears to the satisfaction of the Court that the service of the Summons and Complaint in this proceeding has been COMPLETE, but that some of the defendants are minors and not represented by general or testamentary guardian. It is therefore ordered by the court that this proceeding be postponed until the 9 Mar 1874 being full twenty days that that JOHN GREEN be appointed guardian ad litem for the said minor heirs, and that copies of the summons and petition in this proceeding be served upon the said guardian ad litem, notifying him to appear and to answer on the said day.-signed RS Abrams, Clk- signed "I John Green accept the appointment of Guardian ad litem for the infant defendants in the proceeding, Sarah and Cicero Holbert. * 21 Feb 1874 State of NC Buncombe County, Superior Court In Vacation: This day personally appeared before me JE Reed clerk of said court, RM Furman who being duly sworn saith that he is the editor and publisher of a newspaper called the North Carolina Citizen, published in Asheville, NC and that the case hereto attached to wit as follows [attached is a copy of published notice of "Petition for Sale of Land for Partition"] was regularly published for six consecutive weeks in his said paper-signed RW Furman; inscribed and sworn before me this 21 Feb 1874, JE Reed, Clerk Supr Court Buncombe Co, NC. Publication fee $8.00, fee pd to clerk .50, total $8.50 * 6 Apr 1874 Recd of Joseph Holbert $5 for petition and business in the case of Joseph Holbert et al Vs Jacob Holbert et al in Polk Superior Court. Jas. J. Osborne, Atto. (this is a charge against all the heirs) * 6 April 1874 To the Superior Court Clerk of Polk or Commissioner in case of Joseph Holbert et al Vs Jacob Holbert et al-You will please let Mr. Holbert have my tax fee $4 in this case and the $8.50 publication fee due the printer and he is authorized to receipt for the same. J.J. Osborne, Atto. For RM Furman, Editor, Asheville Citizen * 8 Apr 1874 Recd of Joseph Holbat Admin of Benjamin Halbart $5.00 for professional services-signed J. D. Hy-man (not legible) * 13 April 1874 Recd of RS Abrams $17.50 in full of J.J. Osborne claim $5 for counsel fees and $4 tax fees and 8.50 printer fees in this case Joseph Holbert Vs Jacob Holbert-signed Joseph Holbert Admr * 28 Feb 1876 Final Settlement of Benjamin Holbert estate in Probate Court, Polk County (see below) ______________________ 25 April 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased, to wit: 1 pare of humes (?) and chairs .65 1 plow and Plowstock .39 2 Mattocs one hoe and 2 axes 2.45 1 Ironwedge and sundrys .35 1 Rifle gun 1.36 1 Handsaw .25 1 Grinding stone .71 1 cross cut saw 2.25 1 saddle 5.75 8 Beestands 8.37 1 cow hide .80 $102 dollars of state money 2.95 5 head of cattle 28.67 ½ 43 head of hogs 64.51 372 3/4; pounds of Bacon 35.48 sworn and subscribed before me June 23 1873 Joseph Holbert Admr, RS Abrams Judge of Probate Also [?] _____________________ 25 April 1873: A list of the personal property sold of Benj. Holbert decd Sold by Joseph Holbert Admr on the 25th day of Apr 1873: Ransom Foster 1 pare of humes (?) and chairs Ransom Foster 1 plow and Plowstock Charity Holbert 1 Mattocs and ax Coleman Bradly 1 Mattox and one hoe Levi Arledge 1 Ironwedge and sundrys F. M. Holbert 1 Rifle gun John Newman 1 Handsaw Ransom Foster 1 Grinding stone FM Holbert 1 cross cut saw FM Holbert one plow H. Miller 1 ax FM Holbert spade and shovel Levi Arledge 1 saddle Wider Holbert 1 Beestands FM Holbert (2), RV Johnson (3) Eli Jackson (1), Levi Arledge (1), Wider Holbert (1) Each 1 bee gum John Newman 1 raw hide JB Turner bank bills J Arledge cow and 2 calves Ransom Foster 1 heifer Eli Jackson (1 heifer?) Wide 6 hogs 1st choice Bill ?? 6 hogs choice FM Holbert [various livestock] James Newman 13 head of hogs M Newman 353 lbs. bacon Eli Bradley 1 ham Amount of sale $147.22 [2 handwritten copies, slightly different] 22 May 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased, to wit: [Note: It's not clear why this inventory is repeated a month after the sale of these items. Perhaps it was just recopied on this date] 40 head of hogs, 1 pare of humes (?) and chairs .65 1 plow and Plowstock .39 2 Mattoc and one hoe 2 axes 2.45 1 Iron wedge and sundrys .35 1 Rifle gun 1.36 1 Hand saw .25 1 Grinding stone .71 1 cross cut saw 2.25 1 saddle 5.75 8 Beestands 8.37 1 Raw cow hide .80 $102 dollars of state money 2.95 5 head of cattle 28.64 ½ 43 head of hogs 64.51 372 ¾ pounds of Bacon 35.48 [List (not dated) of heirs of Benjamin Holbert and their addresses ] Joseph Holbert, Henderson Co, NC Isaac Arledge and wife Rebecca, Henderson Co John Holbert Jacob Holbert Benj. Holbert heirs, Ball Ground Ga., Cherokee Co, GA Stephen Cowart Clem Arledge and Elizabeth Arledge, Polk County Eli Jackson and wife Mary, Polk Co Ransom Foster and wife Charity, Polk Caroline Thompson, Polk Grayson Arledge, Polk John and Isac Arledge, Polk [Another sheet:] Joseph Holbur Francis Holbur John Holbur Jacob Holburt Heirs of Benj. Holbut Stephen Coward heir Post Ball Ground GA Cherokee Co Charity Foster wife R Rebecca I Arledge Caroline Thompson Arledge, Elizabeth Mary Jackson wife Eli [undated: estim.date June 1873] Complaint filed in State of NC, Polk County Superior Court Charity Holbert AGAINST The heirs at law of Benjamin Holbert COMPLAINT TO RS Abrams, Clerk of the Superior Court for Polk County: The plaintiff complaining alleges: 1st That the plaintiff is the widow of Benjamin Holbert, who died the ___ day of ____ 1873 [left blank] leaving him surviving the following children, to wit: Joseph Holbert, Francis Holbert, John Holbert, Jacob Holbert, Grayson Arledge, Eli Arledge, John Arledge, Clement Arledge, and wife Elizabeth, Isac Arledge and wife Rebecca, Ransom Foster and wife Charity, Eli Jackson and wife Mary, Caroline Thompson and the heirs at law of Stephen Cowart, who are his only heirs at law. 2nd That the said Benjamin Holbert at the time of his death was seized in fee simple of a tract of land on Cove Creek in the county of Polk joining lands of James Newman, William Newman and R. Price, containing by estimation 550 acres 3rd The plaintiff desires to have her dower in said land allotted to her, and to that end she prays your honorable Court to order a writ to be issued to the sheriff commanding him to summon five men, connected with the parties neither by consanguinity or affinity, and entirely disinterested, to view the aforesaid tract of land and to allot and set apart to the plaintiff one third part in value thereof, including the swelling house, buildings and improvements appertaining to the same, for the term of the plaintiff's natural life and report their proceedings in due form of law. And your petitioner as in duty bound still may pray, Jas. Morris, atty. for Petitioner [Newspaper notice] State of North Carolina Superior Court Polk County Summons for Dower: Charity Holbert vs. Joseph Holbert et al. STATE OF NORTH CAROLINA To the Sheriff of Polk County-Greeting-You are hereby commanded to summon Joseph Holbert, John Holbert, Jacob Holbert, and the heirs at law of Stephen Cowart, the defendants above named, if they can be found in your county, to appear before the Clerk of the Superior Court of the County of Polk at the Court House in Columbus within 25 days after service of this summons exclusive of the day of service, and answer the complaint of the plaintiff a copy of which will be filed according to law, and let them take notice that if they fail to answer the complaint within the time prescribed by law the plaintiff will demand the relief prayed for in her complaint. Here of fail not and this summons make due return. Given under my hand and the seal of this court this 8th day of July 1873. R. S. Abrams, CSC for Polk County It appearing that the above named defendants except Joseph Holbert are non residents having land in this state, and that the plaintiff has a cause of action against them publication of said summons is ordered to be made in the WEST CAROLINA RECORD for six successive weeks at the expiration of which time the cause will be heard. R. S. Abrams, CDC for Polk County July 8, 1873 [undated] State of NC, Polk County, Superior Court In Vacation Joseph Holbert, Isaac Arledge and wife Rebecca, Grayson Arledge, Jno. Arledge, Jackson Thompson and wife Caroline, Eli Jackson and wife Mary, Clement Arledge and wife Elizabeth, Ransom Foster and wife Charity and Francis Holbert AGAINST Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H. Coward, Louisa Coward, Mary Coward, HM Coward, Sarah Holbert and Cicero Holbert Petition for Sale of Land for Partition Order of Publication It appearing to the Satisfaction of the Court that the defendants are all nonresidents of this state and proper parties to proceeding it is therefore ordered by the court that pu7blication be made in the Asheville Citizen a newspaper published in the town of Asheville for six consecutive weeks notifying the said defendants to appear at the Office of the Superior Court Clerk for Polk County at Columbus within twenty days after service of summons...and answer the petition on file in this proceeding otherwise judgment will be rendered according to the prayed of said petition. RS Abrams, Clerk Supr Court Polk County JJ Osborne Atto for Petitioners [27 Nov 1873] Superior Court, Polk County Joseph Holbert, Isaac Arledge and wife Rebecca, Grayson Arledge, Jno. Arledge, Jackson Thompson and wife Caroline, Eli Jackson and wife Mary, Clement Arledge and wife Elizabeth, Ransom Foster and wife Charity and Francis Holbert AGAINST Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H. Coward, Louisa Coward, Mary Coward, HM Coward, Sarah Holbert and Cicero Holbert Petition for Sale of Land for Partition To the Hon'l the Superior Court of said County: The Plaintiffs as petitioners in this proceeding respectfully represent I. That they and the defendants are heirs at law to the estate of Benj. Holbert decd and as such are entitled as tenants in common to their several interests therein. II. That the said Benj. Holbert died seized and possessed of two tracts of land in Polk County NC the one containing 300 acres more or less lying on Alston Creek adjoining T. B. Justice and speculation land, Newman and others the deed to which is registered in Book ___ Page ___ County____; the other tract containing 50 acres more or less known as the Blackwell Tract on waters of Big Cove Creek adjoining speculation lands in Polk County NC others the deed to which is registered in Book ___ Page ___ County____ [all blanks were left blank]. III. That the defendants are all residents in Cherokee Georgia, and are all over 21 years of age except: HM Coward, Sarah Holbert, Cicero Holbert who are minors. IV. That the quality and situation of the lands, and the number of the parties interested together with the diversity of their interests, renders it to the material interest of all the parties concerned to expose to sale the said lands and divide amongst them the proceeds ensuing upon said sale, as a division of the lands could not possibly be made without great cost and inconvenience to the parties. To the end therefore that the said lands may be sold and the proceeds thereof divided among the parties entitled by law, your petitioners pray the court to order the sale as prayed for, to appoint a commissioner to conduct said sale, and to issue copies of the summons, and petition in this proceeding requiring the defendants to appear and answer, etc. And as in duty bound your petitioners will ever pray JJ Osborne, Sol. For Petitioners State of NC in the Superior Court, Polk County Before me RS Abrams the undersigned Superior Court Clerk for said county, this day personally appeared Joseph Holbert and made oath that the facts set forth in the foregoing petition as of his own knowledge are true and those not of his own knowledge he believes to be true. Joseph Holbert Inscribed and sworn before me this the 27th day of Nov AD 1873 RS Abrams, Clk of Supr Court 28 Feb 1876 Final Settlement of Benjamin Holbert estate in Probate Court, Polk County: Joseph Holbert Admr of Benj. Holbert Decd an Final Settlement Dr Amount of Sale Bill 29 April 1873 $155.24 Inst on the same Decr 27th Sale of Corn and Rye 16.47 Evidence of debts 1.50 [TOTAL] $173.21 Inst on the same for 2 years and 6 months 20.76 [TOTAL] $193.97 Cr by vouchers from nos. to 18 69.07 By commission on $264.00 5 percent 13.15 Auditing this account 1.77 [SUBTOTAL] 83.99 [BALANCE] $109.98 [signed] Joseph Holbet Sworn to audited and approved this the 28th Feby 1876 RS Abrams Clk, Judge of Probate for Polk County _______________________________________ _______________________________________ 1882 file for Benjamin Holbert estate: * 17 Oct 1882 [Letter] Hendersonville, NC Oct 17, 1882 [to] Mr. WM Thompson, Saluda NC: "Dear Sir, I have heard from Wm. Justice at last, and got the boundaries of your land, etc. I have drawn up all the papers necessary to start the case, except the summons for the parties who live in the state, and Mr. Abrams has blanks for that purpose and will attend to that himself. I have had to leave some blanks in the petition and in the others, etc. which the clerk will know how to fill out. Tell the clerk that if there is no newspaper published in your county to make the order of publication in the "Independent Herald" and send the notice to me and I will have it attended to at once. Tell the clerk that I will draw the decree for sale, etc. if he will notify me when he gets ready for it and wishes it, and also anything else which may be necessary in the progress of the case. Have the parties served who live in this state at once .... Yours respectfully, W. A. Smith. PS After drawing the papers and having them sent to you I found out that Sophia Cowart and Benj. Holbert were dead. I drew the petition over and for the want of time I just inserted the names of the heirs in the other papers. They do not look well but they will stick all the same." * 18 Oct 1882 State of NC, Polk County, Superior Court, before the Clerk: PETITION TO SELL LAND FOR PARTITION: WM Thompson vs. Rebecca Arledge and I Arledge her husband, Charity Foster, Jacob Holbert, Charity, Louis, Benjamin, Louisa, Mary, Hester Cowart, Sarah and Cicero Holbert. To the judge of Probate and SCS of Polk County. The petition of W.M. Thompson the plaintiff above named showeth unto your Honorable Court: I. That he vouch the above named defendants are tenants in common and seized in fee of the following described piece or parcel of land situated in the said county of Polk lying on both sides of little Cove Creek....containing 100 acres. II. That the interests and shares of the above-named parties respectfully are as follows, to wit: WM Thompson the plaintiff is the owner in fee of 7/12 undivided interest in the whole of said tract, and also the owner of the life estate of Benj. Holbert's widow in the whole of said tract that the said Rebecca Arledge, Jacob Holbert and Charity Foster are each seized of a 1/12 undivided interest in said land subjected to said life estate. That Charity, Louis, Benj., Louisa, Mary and Hester Cowarts are each seized of one sixth of 1/12 undivided interest in said lands subjected to the said life estate and that Sarah and Cicero Holbert each seized of one half of 1/12 undivided interest in the whole of said tract subjected to the life estate. III. That your petitioner desires to hold his interest in said land in severalty but owing to the fact that the land is of small value and only 100 acres in the tract , a large number of interests, a great deal of the land cleared, etc. so that on some of the divisions there would be no timber and on others no water, and for divers other good causes and season it is impossible to make partition of said lands without doing great damage to some or all the parties in interest which renders it necessary that said land should be sold for partition among the parties by a decree of your Hon. Court. IV. That the defendants R. and I. Arledge reside in Henderson County and Charity Foster resides in Polk County, Jacob Holbert, Sarah Holbert, and Cisaro Holbert and Charity, Louis, Benj., Louisa, Mary, and Hester Cowart are non residents of this state but supposed to reside in the state of Georgia. Therefore, your Petitioner prays your Hon. Court: I. That you issue a subpoena or summons for said defendants, etc. II. That you make an order of publication to bring the said non residents into court, etc. III. That a decree be made for the sale of said lands by a commissioner appointed by the court ...and that payment of cost and charge of this suit be distributed among the said parties according to their respective interests and rights as entaining (?) the value of the said life estate of the said widow of the said Benj. Holbert decd which is owned by the said plaintiff and that the that end the rights and interests of the parties...may be ascertained and declared by a judgement of the court according to law....this 18 Oct 1882. WA Smith, solicitor for Petitioner. Affidavit sworn by William {his X mark} Thompson before RS Abrams, Judge of Probate for Polk County on 27 Oct 1882. * Summons issued 27 Oct 1882 to the sheriff of Henderson County, same as published in newspaper clipping: "NC Polk County Superior Court-before the clerk: W.M. Thompson VS Rebecca Arledge and I. Arledge, her husband, Charity Foster, Charity, Louis, Benjamin, Louisa, Mary and Hester Cowart, Jacob Holbert, and Sarah and Cicero Holbert: PETITION FOR SALE OF LAND FOR PARTITION: The defendants above named ...will take notice that on the 27th day of October 1882, a petition was filed in the office of the Superior Court clerk and Judge of Probate for Polk County NC by the plaintiff in the above entitled action praying a sale of the "G. Holbert" lands in said county for partition among the tenants in common of said land, &c. And that unless the said defendants appear and answer, &c., within twenty days...judgment will be rendered according to the prayer of said petition. RS Abrams, Judge of Probate and SCS Polk County; WA Smith Solicitor or petitioner [Cover of summons indicates that summons served to Isaac and Rebecca Arledge on 25 Nov 1882, and that others were not found in Henderson County by J. Williams, Shff; cover of a separate summons indicates that it was served on 30 Nov 1882 in Polk County to Charity Foster by T.W. Arledge, deputy sheriff for JW Hampton, Shff.] * 27 Oct 1882. NC Superior Court Polk County, case of WM Thompson Vs Rebecca Arledge et al: Order for Publication . summary-since some of the defendants are not residents of this state, but supposed to reside in Georgia, therefor the court orders that the summons in this action be served by publishing it in ________newspaper in ________county [blanks not filled in] * 8 Dec 1882 State of NC Polk County, Probate Court. ANSWER in case of Wm. M Thompson Vs Rebecca Arledge et al. The defendants answering the plaintiff's petition allege: 1st That the facts set forth in the first paragraph of the plaintiff's petition they believe to be true. 2nd That the facts set forth in the second paragraph of said petition they believe to be true except so much of the same as refers to the interest of the plaintiff, which is not of their own knowledge nor have they information sufficient to have a belief; therefor they deny the same and demand strict proof thereof; 3rd That the facts set forth in the third paragraph of said petition they deny to be true. Wherefore the defendants pray that the said petition be dismissed and that they ... recover this case in this proceeding . WW Jones, Atty. for the defendants. This day appeared before me I Arledge to make an oath (regarding the aforegoing...) Isaac Arledge signed on 8 Dec 1882 before CM Pace CSC Henderson Co, NC * 18 Dec 1882: handwritten document (very hard to read): State of NC Henderson County affidavit by BK Davis, the editor of the Henderson County newspaper, that the attached article (above) ran for 6 consecutive weeks. Sworn before CM Pace, CSC 18 Dec 1882. Also a receipt on Davis Bros. letterhead (the Independent Herald) for $6.00 of the publication of nonresident notice in the case of WM Thompson Vs Rebecca Arledge et al. * WM Thompson Vs Rebecca Arledge et al. Description of the land in the Thompson case. Situated in Polk County on both sides of Little Cove Creek including the big Flat beginning on a White and Walnut on the south side of land.....(etc.) containing 100 acres [and known as the "G" place-from Cover]. That the interest and shears of the above land are as follows, to wit: W.M. Thompson the plaintiff is the owner in fee of 7/12 undivided interest in the whole of said tract and also owner of the life estate of Benj. Holbert's widow in the whole of said tract that the said Rebecca Arledge, Jacob Holbert and Charity Foster are each seized of a 1/12 undivided interest in said land subjected to said life estate. That Charity, Louis, Benj., Louisa, Mary and Hester Cowarts are each seized of one sixth of 1/12 undivided interest in said lands subjected to the said life estate And that Sarah and Cicero Holbert each seized of one half of 1/12 undivided interest in the whole of said tract subjected to the life estate. * C. 8 Feb 1883 Amendment to Petition to sell land for Partition (case of WM Thompson Vs Rebecca Arledge and others). NC Probate Court, Polk County. In the above entitled cause it is ordered by the court upon agreement of counsel for both plff and deft that the Petition filed in this case in Nov 1882 be amended by the Plff by striking out the prayer for sale of the land described and that the Petition be made to ask for a division ascribing to the respective interest of the parties by three disinterested freeholders as provided by law in cases of partition. RS Abrams. Letter attached, dated 8 Feb 1883: Hendersonville, NC. Dear Clerk, Attached you will find Agreement to change the petition to ONE TO DIVIDE instead of selling which you will please sign and then FILL IN the blanks in the Decree for Partition which I also enclose you will appoint 3 commissioners who are not of kin to the parties and without any interest, etc.... Your servant, WA Smith. * 12 Feb 1883 Petition to Divide Land (NC Superior Court Polk County)-case heard upon original petition and amendment by consent of counsel: ordered that Hamilton, Higgins and Bradley appointed commissioners to divide the lands....into twelve equal shares and to allot plff Wm. Thompson 7 shares, one each to Rebecca Arledge, Charity Foster, heirs of [Benjamin] Holbert Jr. and of [Sophia] Cowart, with one share in severalty, and used to make sure divisions are of equal value.... RS Abrams 12 Feb 1883 * 13 Mar 1883 State of NC, Polk County. Division of Land: We the undersigned commissioners appointed to lay off and divide the land described in the Petition... do report that after being duly sworn proceeded to lay off the said premises in twelve equal lots of eight and 1/3 acres each for the description of which several lots reference is made to the plats herewith filed. Viz. Lot #1 Charity Foster valued at $9.00, No. 2 to WM Thompson valued at $16.33 1/3 , No. 3 WM Thompson valued at $16.33 1/3, No. 4 to WM Thompson valued at $16.33 1/3, No 5 to WM Thompson valued at $12.00, No. 6 to WM Thompson valued at $16.33 1/3, No. 7 to Rebecca Arledge valued at $16.33 1/3, No. 8 to WM Thompson valued at $16.33 1/3, No. 9 to Heirs of Benjamin Holbert Jr. valued at $16.33 1/3, No. 10 to heirs of Sophie Cowart valued at $16.33 1/3, No. 11 to Jacob Holbert valued at $16.33 1/3, No. 12 to WM Thompson valued at $12.00 and we further agree and assess that the parties to whom the lots 2-3-4-6-7-8-9-10-11 have been allotted pay to lot No. 1 66 2/3 cents each and that the said lots each pay to lots No 5 and 12 33 1/3 cents each to make the entire lots of equal value. All of which is respectfully submitted by testimony whereof we the said commissioners have hereunto set our hands and seals this the 14th day of March 1883. RL Hamilton, JS Higgins, C Bradley * Plats for lots and descriptions of each are attached as surveyed by WM Justice, Surveyor * 23 Mar 1883 Receipt from Davis Bros. publishers of Independent Herald in Hendersonville for payment by RS Abrams of $6 for publication of attached notice. * 2 June 1883 NC Polk County: Final Decree confirming report of Commissioners for Partition: WM Thompson AGAINST Rebecca Arledge, Charity Foster, Jacob Holbert and others. It appearing to the court that RL Hamilton, JS Higgins and C Bradley, the commissioners heretofore appointed to divide the lands ... and to allot to each his share in severalty have filed their report and a plat of the land as by them divided and allotted. And it further appearing that notice of the filing of said report in the office of the Clerk...has been duly served upon the attorney of the defendants WW Jones, requiring them to file their objections thereto if any they have, and that ten days have elapsed since the service of said notice and no objections to said report have been taken.... It is therefor upon motion of Wm. A Smith Atty. for plaintiff that the said report and the same is hereby in all respects confirmed. And it is ordered that said report and the plats thereto attached be enrolled in the Records of this court and that the same together with this final judgement be certified to the Register of Deeds for Polk County, and that the same be recorded.... And the partition as made ... is hereby adjudged to be forever binding upon said parties and their heirs and assigns. It is further ordered and adjudged that the costs of this proceeding be paid by the parties as follows-Wm. Thompson is chargeable with the cost incidental to the answer of the Defts and amendment of the petition and 8/12 of the remainder of the costs. [The others- Rebecca, Charity, Jacob, and heirs of Benjamin Jr. and Sophia-- for 1/12 of the cost less the cost of answer and amendment]. Filed 2nd June 1883 by RS Abrams. * 25 April 1884 Memorandum on pharmacists' note pad: I have sold my tickets or claims I have in a state case against Vance Foster to Will Thompson and he has the right to collect it at any time. TJ Ballard.