YANCEY COUNTY, NC - WILLS - Estate of Clingman L. Austin
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Estate of Clingman L. Austin, 1842-1901. Yancey County, North Carolina

March 29, 1901. Widow Amanda Edney Austin files a petition in Yancey County 
court at Burnsville, asking the court to set aside her one-third dower in the 
lands, plus the family home, of her deceased husband, Clingman, who died 
intestate. She declares that Clingman's only rightful heirs are Esther Austin 
and husband John Ayers, Jobe T[homas] Austin and wife Vic [Allie Victoria], 
and two minor children, Martha and Bessie. Amanda asked that the court appoint 
guardians to represent the younger children in the estate settlement, and that 
the heirs have the balance of the land divided equally among them after her 
dower allotment. J.A. Abernethy requested to be, and was appointed, guardian 
of Martha and Bessie.

April 11, 1901. Clerk of Superior Court, J. Bis Ray, filed a brief description 
of the Austin lands, "Lying and being in the County of Yancey and State of 
North Carolina, adjoining Robert Anglin, W.H. Gardner, and others, bounded as 
follows:  Beginning in W.H. Gardners line and runs with said line to Johnson's 
line, then with said line to Swin King's line, then with said line to Robert 
Anglin's line, then with said line to Nelson Ray's line, then with said line 
to Nate Ray's line, to W.H. Gardner's line, being about 105 acres."

December 1, 1901. Daughter Martha Austin marries Zebulon V. Anglin.

January 4, 1902. The elder heirs, along with their spouses, file petition to 
the court affirming their rights and interest in the lands of the deceased, 
but asking that the court award their interest as joint property, with 
separate divisions for the minor children.

January 14, 1902. In an interesting turn of events, widow Amanda answers the 
January 4th complaint, claiming that minors Martha and Bessie are the sole 
heirs, and that Jobe and Esther are not heirs.

April 4, 1902. The court summons David M. Ray (one-time lover of Clingman's 
first wife Martha Edney, and father of Mary M. Ray by Martha), W.H. Gordon, 
Natt Ray, Robert B. Anglin, James Edney (Amanda's brother), Andrew Austin 
(Clingman's brother), and Frankie Blankenship Banks (wife of Johnathan Banks) 
to testify on behalf of those heirs whose interest in the estate has been 
threatened by Amanda's January petition.

October 10, 1902. Superior Court Judge W.B. Council, after deliberation, rules 
that all of the heirs who were first named in Amanda's petition of March 1901, 
would be awarded equal one-fourth shares, -- including widow Amanda's dower 
land --, and appoints Marion B. Westall, Sidney T. Ray, and J.C. Robertson to 
supervise the division of properties.

October 18, 1902. "Martha [Austin] Anglin and Bessie Austin, jointly, by their 
guardian Amanda Austin received the lower lot, or lot no. 1, including most of 
the dower and tract of fifteen acres, the lower part of the farm, 41 and 1/2 
acres. J.T. Austin and John Ayers & wife Esther Ayers jointly lot no. 2 
containing the upper part of said tract, 64 and 1/2 acres, each tract 
containing fifty two and one half acres." Widow Amanda Edney Austin received 
none of the lands of her deceased husband. Case closed.