ROCKINGHAM COUNTY, NC - WILLS - John C. Soyars 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: Lin Van Buren veeb@globalnet.co.uk ==================================================================== Probate File No. 1062, John C. SOYARS deceased Anything in round brackets ( ) was in the original; things in square brackets [ ] were added by the transcriber, LVB. Rockingham Co NC Superior Court SUMMONS FOR RELIEF T[homas]. M. Soyars, Administrator of J[ohn]. C. Soyars, dec. Against Eliza Lynn and husband, T. [sic- Leander] J. Lynn, J[ames]. R[obert]. Soyars and wife Julia A. Soyars, Mattie [sic - Mollie] Cobb and husband John Cobb, Nannie Roberts [sic - Robertson], Jennie [Virginia] Ragan and husband Robert Ragan, C[harles]. P[leasant]. Soyars and wife Betty Soyars and Lawrence Soyars, Malonie Soyars and Otha Soyars, Bertha Soyars, J. W. Soyars. [These last 5 were children of John C. Soyars's deceased son William E. Soyars, of whom John W. Soyars and Bertha Soyars were of full age and other three were minors.] The State of North Carolina to the Sheriff of Rockingham -- Greeting. You are hereby commanded to summon ... Eliza Lynn and husband Elanda [sic - Leander] J. Lynn, J. R. Soyars & wife Julia A. Soyars, Mollie Cobb and husband John Cobb, Nannie Robertson, Jennie Ragan and husband Robert Ragan, C. P. Soyars and wife Bettie Soyars, John W. Soyars, Bertha Soyars and Lawrence Soyars, Malonie Soyars and Otha Soyars, the Defendants above named, if they be found within your County, to appear before the Clerk of the Superior Court for the County of Rockingham, at his office in Wentworth town, on the 2d day of September 1912.... Received Aug. 23d 1912, Served Aug. 23d 1912, By reading to J. C. Soyars [sic - not likely - he was the decedent] & by leaving a copy with Lawrence Soyars, Otha Soyars & Malonie Soyars and with Mrs. John Robertson, with whom said infants reside. [Mrs. John Robertson was their mother, now remarried.] We, the undersigned, hereby accept service of the within Summons. L. J. & E. F. Lynn J. R. Soyars & J. A. Soyars Nannie Robertson J. W. Cobb Mollie Cobb J. R. & Jennie Reagan C. P. & Bettie Soyars J. W. Soyars ***************************************** T. M. Soyars, Admr. of J. C. Soyars, dec'd, Against Eliza Lynn and husband L. J. Lynn and others. To the Sheriff of Pittsylvania County Virginia -- Greeting: You are hereby commanded, to summon Bertha Soyars the Defendant above named, if she be found within your County, to be and appear before the Clerk of our Superior Court, at County of Rockingham, at the Court-house in Wentworth, on the 19th day of September, 1912.... Returnable to the Clerk the Superior Court for Rockingham County, N. C. Received Aug. 29th, 1912, Served Aug. 30th, 1912, by reading the within & leaving copy of summons & complaint with Bertha Soyars, the defendant therein named. G. W. Gammon for W. C. Harvey, Sheriff Pittsylvania County, State of Virginia ***************************************** The plaintiff in the above entitled proceeding respectfully showeth to the court, that Lawrence Soyars, Melonie Soyars and Otha Soyars, infant defendants in the above-entitled proceeding for the sale of real estate to make assets, are minors, and without general or testamentary guardian, and that the said minors have been duly served with the summons in said proceeding, Wherefore, the said plaintiff hereby makes application to the said court to appoint some suitable person to act as guardian ad litem for said minors and to represent their interest in said proceeding. This 2 day of Sept. 1912. ... It is therefore on motion of Ira R. Humphreys ordered that Shade Martin be and is hereby appointed guardian ad litem of the infant defendants, Lawrence Soyars, Melonie Soyars and Otha Soyars, in this proceeding. ***************************************** PETITION TO SELL LANDS FOR ASSETS The petitioner T. M. Soyars, administrator of J. C. Soyars, deceased, respectfully showeth: 1. That he was duly appointed administrator of the estate of said intestate, by the clerk of the superior court of said county, on the 10 day of June 1911, and at once entered upon the administration of the estate. ... 4. That at the time of his death the said intestate was seized in fee-simple of the following valued at $800.00 and bounded as follows: On the east by the lands of J. P. Flintoff; on the north by the lands of W. H. Warriner; on the west and south by the lands of Robert Harris, containing 100 acres more or less. 5. That the said decedent left him surviving the following heirs at law: Eliza Lynn and husband L. J. Lynn, J. R. Soyars and wife Julia A. Soyars, Mattie [sic - Mollie] Cobb and husband John Cobb, Nannie Robertson, T. M. Soyars, C. P. Soyars and wife Betty Soyars and Lawrence Soyars, Malonie Soyars and Otha Soyars, J. W. Soyars and Bertha Soyars, Jennie Ragan wife of Robt Ragan, who reside in Rockingham County, North Carolina except Jennie Ragan and husband who live in Danville in the state of Virginia. This ..... day of ..... 19... T. M. Soyars [X his mark] ***************************************** To James T. Smith, C. S. C., Rockingham County: Pursuant to an order of the superior court of Rockingham County, made in the above-entitled proceeding, I exposed to sale to the highest bidder, at the court-house door of Rockingham County in Wentworth, N. C., on the 7th day of October 1912, at ___ [left blank in the original] o'clock _. m., after due advertisement, the lands mentioned and described in the petition in this cause, when C. P. Soyars became the last and highest bidder, at $1365.00 (Thirteen hundred & Sixty five Dollars) cash, and the said purchaser stands ready to pay the purchase-money for the said land. I consider the price bid a fair and reasonable one and, therefore, recommend that the sale be confirmed and a deed be made to the purchaser upon payment of the purchase-money. This 7 day of Oct. 1912. T. M. Soyars, Commissioner. By Ira R. Humphreys, Atty. Filed Oct. 7, 1912, Jas. T. Smith, C. S. C. ************************************ This proceeding again coming on to be heard, and it appearing that the said T. M. Soyars, commissioner, appointed by the court to sell the lands described in the petition of the plaintiff, on the 7th day of October 1912, sold at public auction to C. P. Soyars the land described in the petition, at the price of $1365.00 cash, and it appearing to the court that the said sale was in all respects duly and properly conducted and made, and that the price offered as aforesaid was and is just and reasonable, and C. P. Soyars having assigned and transferred his said bid to J. R. Ragan, as appears from written assignment filled herein, and requested deed be executed to the said J. R. Ragan.... This 28th day of October 1912. Jas. T. Smith, Clerk Superior Court. ************************************** FINAL SETTLEMENT I, Scott Fillman Notary Public, do hereby certify that T. M. Soyars personally appeared before me this day and being by me duly sworn says: That the foregoing final account is true and correct. Sworn to and subscribed, this the 6th day of September, 1913. DISBURSEMENTS July 30, 1913 To J. R. Sawyers, his dist share 83.95 To T. M. Sawyers, his dist. share 83.95 To Jennie Regan, wife of J. R. Regan 83.95 To Eliza J. Lynn, wife of L. J. Lynn 83.95 To Mollie Cobb, wife of John Cobb 83.95 To Nannie Robertson 83.95 To C. P. Sawyers 83.95 To J. W. Sawyers 16.79 To Bertha Sawyers 16.79 To Jas T Smith CSC for Malony Sawyers 16.79 To Jas T Smith CSC for Lawrence Sawyers 16.79 To Jas T Smith CSC for Otha Sawyers 16.79 [The five last-named shared the one-eighth share of the estate that would have gone to their late father, William E. Soyars, had he been still living. Within the year, both James Robert Soyars and Thomas M. Soyars also died, the former on 2 Nov 1913, and the latter on 18 Dec 1913.]