Yancey County, NC - James Monroe Styles Estate, 1937

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Estate of James Monroe Styles, Yancey County, NC, April 1937

Transcribed by Marshall Styles, marshallstyles@yahoo.com, from original papers 
in the North Carolina Department of Cultural Resources, Raleigh, North Carolina.

"Blake Styles, Ben Styles, Raleigh Styles, Carmon Styles, Minnie Whittington, 
Bessie McCanless, Birdie Styles, Clyde Styles and Pansy Styles, Petitioners, 
vs. Grady Styles, Bascombe Styles, Elizabeth Styles, and Thomas Phillip Styles, 
Defendants... Petition for Sale and Partition; April 1937"

[Blake, Ben, Raleigh, Carmon, Grady and Bascombe were children of Billie Burton 
Styles (son of James Monroe Styles) by Delano Towe Styles; Elizabeth and Thomas 
Phillip were children of Billie Burton Styles by his second wife Jettie Brown. 
All other petitioners were children of James Monroe Styles. The petition reads, 
in part,

"1. That your petitioners and defendants are tenants in common of the following 
described land, unless the defendants Elizabeth Styles and Billie Burton Styles 
[a typographical error -- it should read "Thomas Phillip Styles"] be adjudged to 
have no interest in said lands. 2. That the interests of the petitioners in said 
lands are as follows: A one-sixth undivided interest each to Minnie Whittington, 
Bessie McCanless, Birdie Styles, Clyde Styles and Pansy Styles. That Billie 
Styles was the father of all the other parties to this proceeding, both 
petitioners and defendants. 3. That Billie Styles is now deceased, having died 
before his father, Monroe Styles, from whom and under whom the parties hereto 
claim by descent, and that the children of Billie Styles succeed to his interest, 
being the remaining one-sixth undivided interest which said interest should be 
divided into six parts, or into eight parts as the court may adjudge."

Then the crux of the matter came out in the petition:
"That as petitioners are advised and believe, all the other children of Billie 
Styles contend that Elizabeth Styles and Thomas Phillip Styles are Illegitimate 
children of Billie Styles and do not inherit. 4. That the land sought to be 
partitioned is a small tract of about 60 acres in which the children of Billie 
Styles would own either a 1/36th interest each or a 1/48th interest each, and 
realizing that their several interests are so small and that their lots would 
be practically worthless as land, they... ask that the lands be sold and the 
funds derived from such sale partitioned according to their several respective 
interests."

Next, the description of the land, which had been left to Monroe by his own 
illegitimate father, William "Billy" Ray in 1883, by way of an 1876 deed. 
"Beginning at the mouth of William Ray's mill creek (now called Banks' Creek), 
and runs an east course up and with the main top of the ridge to William A. 
Wray's line; thence a south course on top of the main ridge dividing the waters 
of Banks Creek and the Widow Elizabeth Ray's on the William A. Wray line to the 
top of a small knob; thence down a small branch to the T. Allen line to a down 
white oak and pointers; then a north course up the land to the top of the ridge; 
then down north course to a fell Spanish oak; then with T. Allen line a west 
course to a white oak corner in the side of the 100-acre tract; then down and 
with the meanders of the creek to the beginning, supposed to contain 60 acres 
more or less. (The foregoing calls are taken from a deed dated May 24, 1876.)"

"Wherefore, your petitioners pray the court that... their interest in said 
tract of land be determined; that an order of partition issue to partition to 
the petitioners, other than the children of Billie Styles... Verified by Clyde 
Styles, of petitioners."

April 19, 1937:
"Following service of summons on all parties an order was signed by the Clerk 
on April 19, 1937, appointing Bill Atkins as guardian ad litem of Grady Styles 
and Bascombe Styles, and Jettie Styles, mother of Elizabeth and Thomas Phillip 
Styles, as guardian ad litem to represent their interests in this proceeding." 
Next, Mr. Bill Atkins admits to the charges of the petitioners that paragraph 
number two is true, that is to say that Elizabeth and Thomas Phillip Styles are 
illegitimate.

Jettie Styles files her statement, objecting to paragraph two:
"That as petitioners are advised and believe, all the other children of Billie 
Styles contend that Elizabeth Styles and Thomas Phillip Styles are illegitimate 
children of the said Billie Styles and do not disinherit, are untrue, and 
therefore, denied... That the allegations contained in paragraph four of the 
plaintiffs' petition are true and, therefore, admitted, with the exception that 
it is specifically denied that the children of Billie Styles would own a 1/36th 
interest in the land in question, said children owning a 1/48th interest each, 
because there are eight of them, Elizabeth Styles and Thomas Phillip Styles 
being legitimate children born of the marriage of Billie Burton Styles to Jetta 
Sharp of Asheville, NC, which marriage was duly consummated in Greenville, 
South Carolina, on the 15th day of November 1930, by J.P. Ballenger, a notary 
public of said State. An exemplified copy of said marriage being attached, 
alleged and made a part of this reply. That Billie Style!
 s referred to in the petition and the Billie Burton Styles who married Jettie 
Sharp at Greenville, South Carolina, and who is the lawful father of Elizabeth 
Styles and Thomas Phillip Styles, is one and the same person. Duly verified by 
Jettie Styles."

[Note: The marriage license is, in fact, recorded in Greenville County, SC. 
Marshall Styles, grandson of Billie Burton Styles, and son of Bascombe Styles, 
has obtained a notarized copy of the certificate.]

April 22, 1937:
"Order of Partition: It is therefore considered, ordered and adjudged that the 
lands be partitioned into six portions or parts of equal financial and 
commercial value and allotted among the parties. And it is further ordered that 
one of the six portions be allotted to the children of B.B. Styles, and the 
sale thereof be deferred until further orders of this court."  Partition: Lot 
No. 1 - Bessie McCanless... 6.035 acres; Lot No. 2 - Clyde Styles... 13.659 
acres; Lot No. 3 - Minnie Whittington... 9.177 acres; Lot No. 4 - Pansy Styles
... 11.865 acres; Lot No. 5 - Heirs of Billie Styles... 13.768 acres; Lot No. 6 
- Birdie Styles... 15.196 acres."

November 8, 1937:
"This is a fair and equitable division of the lands among the heirs at law of 
Monroe Styles, deceased, to the best of our judgment and ability... 
{Signed} T.M. Young, N.C. Hensley, J. Edgar Banner" 
[Lot No. 5 which fell to Billie's heirs and Lot No. 6 to Birdie Styles were 
purchased by Bessie Styles and Henry McCanless. The proceeds of Lot No. 5 were 
divided; each of Billie's children received $23.25. Not much for the great 
grandchildren of William "Billy" Ray, one-time "Richest Man in Cane River Valley."]

Eleven years later, on December 28, 1948, Henry D. and Bessie Styles McCanless 
sold two lots, numbers five and six in the above partition, to Clyde M. and 
Mildred M. Styles for Three Thousand One Hundred Dollars.

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This file was contributed for use in the USGenWeb Archives by
Marshall Styles - marshallstyles@yahoo.com
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