YANCEY COUNTY, NC - WILLS - Estate Records of George D. Wilson, 1803-1892 ==================================================================== 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: Marshall Styles marshallstyles@yahoo.com ==================================================================== Contributor's Note: Estate records of George D. Wilson (born December 1, 1803, died March 11 1892), son of Edward Wilson and Mary "Polly" Gilbert. George was married to Mary S. Anderson. Their children were Sarah A., John W., Artie C., Edward M., Mary E., William Edward, Lucinda C., Jane A., Harriet M., Charles W., Cecelia S., and Margaret M. Wilson. Transcribed from the original files by Marshall L. Styles, marshallstyles@yahoo.com. October 21 1893: "State of North Carolina, Yancey County, In the Superior Court before the Clerk: Exparte Petition for Dower} Mary Wilson, Wife of G.D. Wilson, deceased: John Wilson, Mary Briggs, Celia Byrd, Harriet McIntosh, Lucinda Edwards, Jane Ray, Sallie Roland, All heirs at law of G.D. Wilson, deceased; and George Briggs, William Briggs, Lewis Briggs, Melvin Briggs, James Briggs, Betsy McCoy, Maggie Parsons, Belle Sorrells, Fannie Briggs, All heirs at law of Artie Briggs, deceased, who was an heir at law of G.D. Wilson, deceased; and the heirs at law of Alice Bailey, deceased, who was an heir at law of Artie Briggs, deceased, and the heirs at law of Alice Bailey being unknown to your petitioner. "The petition of Mary Wilson, widow of G.D. Wilson, deceased, and the heirs at law above named respectfully showeth that G.D. Wilson died intestate in Yancey County during the month of February 1892, leaving him surviving the following children, to wit: John Wilson, Mary Briggs, Celia Buckner, Harriet McIntosh, Lucinda Edwards, Jane Ray, Sallie Roland, and Margaret Wilson, who is now deceased and without issue; and the following heirs at law of G.D. Wilson who died before him and left the following children, to wit: George Briggs, William Briggs, Lewis Briggs, Melvin Brigs, James Briggs, Betsy McCoy, Maggie Parsons, Belle Sorrells and Fannie Briggs; and the heirs at law of Alice Bailey who is now deceased and names of heirs unknown to petitioner. "Your petitioner further showeth to Your Honor that none of the original heirs are minors and the heirs at law of those all have either general or testamentary guardians. Your petitioner further showeth that her said husband G.D. Wilson... was seized in fee simple and possessed of the following real estate, to wit: [Editors note: The lands being described are on Jacks Creek in Yancey County] "Lying and being in Yancey County on the waters of Cane River adjoining the lands of M. Briggs, James Roland, E.P. Ray and J.W. Wilson containing two hundred acres more or less. Your petitioner desires to have the dower of Mary Wilson, the widow, of said lands allotted to her and to that end prays Your Honor to issue a writ to the Sheriff commanding him to serve... not more than twelve freeholders connected with the parties neither by conformity or officially, entirely disinterested and qualified to act as a juror to view the lands and to allot to the widow her one third part thereof, including the dwelling house and all out houses, buildings, and improvements appertaining thereto, for the term of her natural life, and to report their proceedings... This October 21 1893" "W.E. McIntosh, agent for Mary Wilson, being duly sworn says the facts set forth in the above petition are true as of his own knowledge and as to those facts founded on information and belief he believes to be true. {Signed} W.E. McIntosh" November 16 1898: "State of North Carolina, Yancey County: We, W.M. Austin [Doctor William M.], J.W. Gardner and M.B. Roberson: Sirs, you are hereby requested to meet upon the late residence of George D. Wilson, deceased, on the 24th day of November 1893 to lay off and set apart to his widow Mary Wilson her dower by proper meets and bounds in the lands described in the petition and report to the office of the Clerk of the Superior Court your proceedings in the time required by law. Given under my hand and Seal this November the 16 1898. With leave to call a surveyor to assist in the work. {Signed} W.B. Banks, CSC" November 24 1893: "We the undersigned Commissioners appointed to set apart the dower of Mary Wilson, widow of G.D. Wilson, deceased, after being duly sworn do upon our oaths set apart out of the lands of G.D. Wilson the following described lands as a dower: "Beginning at a spotted oak on a ridge in J.H. Roland's line and runs N47W109 poles to a white oak, thence N58W27 poles to a spotted oak N35W20 poles to a bend in a ditch, N64W86 poles to a hickory on a ridge in William Roland's line, then with main height of said ridge S40E16 poles to a spotted oak, S5W14 poles S20E32 poles to a spotted oak S65E19, S15W8, S5E10, S20E16, S47E24 poles to a white oak, S3W42 to a white oak, S60E96 poles to top of a ridge in J.H. Roland's line, then with said line N27E10, N69E27 to a chestnut and sourwood, N35E13 to a bunch of chestnuts N74E16 to a chestnut, N25 poles to the beginning. Done this the 24th day of November 1893. {Signed} J.W. Gardner, M.B. Robertson, W.M. Austin" November 1893: "In The Superior Court, Yancey County, Before the Clerk} Writ of Dower: The State of North Carolina to the Sheriff of Yancey County, Greetings. Whereas Mary Wilson, widow of G.D. Wilson, lately filed her petition in this Court and the heirs all being made Exparte, it is ordered that a writ of dower be issued... as to the following lands, to wit: "Lying and being in Yancey County, NC on the waters of Cane River adjoining the lands of Marvel Briggs, James Roland, E.P. Ray and J.W. Wilson, containing two hundred acres more or less and described in a deed made to G.D. Wilson... these three freeholders... after being duly sworn and to allot and set off to Mary Wilson by proper meets and bounds one third of the lands including their dwelling house, and all out houses, buildings and improvements thereon belonging or appertaining, during the term of her natural life and to put her into possession of the same. And the allotment of dower made by the said jury after being reduced into writing and signed by them, you are to enter into this court within five days of this said allotment." May 23 1894: "Yancey County Superior Court, Spring Term 1894} Complaint. James H. Roland and wife Sarah Roland, C.W. Edwards and wife L.C. Edwards, E.P. Ray and wife Jane A. Ray, W.E. McIntosh and wife Harriet McIntosh, D.W. Bryant and wife Josephine Bryant, Joseph Williams and wife Adeline Williams, W. Edward Wilson and John Wilson -vs.- S.B. Briggs and wife Mary Briggs, Levi Buckner and wife Celia, George Briggs, A.Z. McCurry and wife Betsy McCurry, Melvin B. Briggs, W.H. Briggs, L.E. Briggs, William Parsons and wife Maggie Parsons, Will Sorrells and wife Belle Sorrells, J.D. Briggs, Fannie Briggs, Cratus Bailey, Lodusky Bailey, Cora Bailey, Grover Bailey, Mittie Bailey, Pansy Bailey. "The Plaintiffs complaining of the defendants allege: 1st, That George Wilson died about February of the year 1892. "2nd, That the said George Wilson deceased left him surviving the following named persons, to wit: James H. Roland and wife Sarah Roland, John Wilson, C.H. Edwards and wife Lucinda Edwards, Levi Buckner and wife Celia Buckner, E.P. Ray and wife Jane Ray, W.E. McIntosh and wife Harriet McIntosh, S.B. Briggs and wife Mary Briggs, Margaret Wilson, and the following children of Artie Briggs, a deceased daughter, to wit: George Briggs, Alice Bailey wife of Nelson Bailey, Betsy McCurry wife of A.Z. McCurry, Melvin Briggs, W.H. Briggs, L.E. Briggs, Maggie Parsons wife of William Parsons, Belle Sorrells wife of Will Sorrells, J.D. Briggs, Fannie Briggs; and the following children of a deceased son, Ned Wilson, to wit: Adeline Williams wife of Joseph Williams, W. Edward Wilson and Josephine Bryant wife of D.W. Bryant, as his only heirs-at- law, and upon whom his real estate hereinafter described descended except James H. Roland, C.W. Edwards, Levi Buckner, E.P. Ray, W.E. McIntosh, S.B. Briggs, Nelson Bailey, Joseph Williams and D.W. Bryant, who are the husbands of some of the said heirs-at-law as above appears. "3rd, That Alice Bailey is dead, leaving her surviving the following heirs-at- law, to wit: Cratus Bailey, Cora Bailey, Pansy Bailey, Dousky [Loduska] Bailey, Grover Bailey, Mittie Bailey. "4th, That Margaret Wilson is dead, leaving surviving her all of the above mentioned heirs-at-law of George Wilson and the heirs of such heirs of the said George Wilson as are since his death deceased, as his only heirs-at-law. "5th, That the said heirs-at-law are tenants in common of the real estate so descended to them in the following interest, to wit: Sarah Roland is the owner of 109/1000, Lucinda Edwards owns 109/1000, John Wilson owns 109/1000, Celia Buckner owns 109/1000, Jane Ray owns 109/1000, Adeline William 109/3000, Josephine Bryant 109/3000, George Briggs 109/10000, Betsy McCurry 109/10000, Melvin B. Briggs 109/10000, W.H. Briggs 109/10000, L.E. Briggs 109/10000, Maggie Parsons 109/10000, Belle Sorrells 109/10000, J.D. Briggs 109/10000, Fannie Briggs 109/10000, Cratus Bailey 109/60000, Cora Bailey 109/60000, Pansy Bailey 109/60000, Mittie Bailey 109/60000, Grover Bailey 109/60000, Loduska Bailey 109/60000. [For the mathematicians reading this, the math equals 98.1%, which means there is a 109/10000 share missing from the above. - M. Styles] "6th, That at the time of his death, the said George Wilson was seized and possessed of the following described land to wit: Lying and being in the County and State aforesaid and in Jacks Creek Township on Cainey River, adjoining the lands of James H. Roland, Sid Ray, M. Briggs, John Wilson and William Roland, it being the old homestead of George Wilson which descended to the above named heirs as herein alleged. "7th, That S.B. Briggs, George Gardner and Levi Buckner are in possession of said land, the said S.B. Briggs and Levi Buckner holding on the rights of their wives, and the said Briggs, Gardner and Buckner have ousted the other parties to this action from the possession of the land in their possession and refused to let other parties to this action into possession with them. "8th, That S.B. Briggs and Levi Buckner and their wives claim a part of land by virtue of a pretended deed from George Wilson the deceased to Margaret Wilson, Mary Wilson afterwards Mary Briggs wife of S.B. Briggs, and Celia Wilson afterwards Celia Buckner wife of Levi Buckner, dated December 26 1887, and that George Gardner claims about 40 acres of lands as sole owner thereof under a pretended deed from George Wilson, deceased, to J.M. Fairchilds, dated May the 23rd 1888, who conveyed to B.B. Whittington who afterwards conveyed to George Gardner. "9th, That at the date of the pretended executions of the deeds from George Wilson now deceased, the said George Wilson had not sufficient mental capacity to execute the deeds and the same were not his acts and the deeds were procured by the fraud, duress and undue influence of the defendant S.B. Briggs. The said Whittington, Fairchilds, and Gardner well knew at the time deeds were made to them or pretended to be made that the same were procured by S.B. Briggs as above alleged and that George Wilson deceased did not have mental capacity to execute a deed. "10th, That the claim of the estate and interest of George Gardner, Mary Briggs, Celia Buckner and others claiming under said deeds is adverse to the other parties to this action. 11th, That deeds are void and a cloud upon the title of the parties to this action claiming as heirs-at-law of George Wilson, deceased. Wherefore the plaintiffs pray inasmuch that the adverse claims of the plaintiffs and defendants be adjudged and adjudicated that the pretended deeds above referred to from George Wilson deceased and the deed to the defendant Gardner be declared void, that the plaintiffs and defendants who are the heirs-at-law of George Wilson be declared the owner of the above described lands in interest as above set out, that the parties to this action who are ousted from possession by defendants in common and for such other and further relief as to the court may seem just and equitable and for the cost of this action to be taxed by the Clerk of this Court." June 5 1894: "Commission to Take Deposition} James Roland, Sarah Roland, et al vs. S.B. Briggs, et al. To James J. Britt, greeting. We reposing special trust and confidence in your integrity, do authorize and empower you to cause John Wilson and Mrs. Mary Wilson to appear before you at such time and place as you may appoint, and there on oath examine, touching all such matters and things as they shall know of and concerning a certain matter of controversy in our Superior Court pending, wherein James Roland, Sarah Roland, et als, are plaintiffs and S.B. Briggs, et als are defendants. And the deposition so in writing taken by you, the same to transmit, sealed with your seal, to our Superior Court to be held for said county on the 29th day of October 1894, it being the last Monday in October. This June 5th 1894, W.B. Banks, Clerk Superior Court" June 5 1894: "Superior Court} Notice to Take Deposition. James Roland, Sarah Roland, et al vs. S.B. Briggs, Mary Briggs, Levi Buckner, Celia Buckner, George Briggs, A.Z. McCoy, Betsy McCoy, Melvin B. Briggs, W.H. Briggs, L.E. Briggs, William Parsons, Maggie Parsons, Will Sorrells, Belle Sorrells, J.D. Briggs, Fannie Briggs, Cratus Bailey. To all the above named defendants, take notice that on the 9th day of June 1894, at one o'clock p.m. at the residence of William McIntosh in Jacks Creek township in Yancey county, State of North Carolina, the undersigned will take the depositions of John Wilson and Mary Wilson to be read as evidence for the plaintiffs in the above entitled action which is now pending..." June 9 1894: "James Roland, Sarah Roland, et al vs. S.B. Briggs, et al} By virtue of a commission issued by W.B. Banks, Clerk of Superior Court of the County of Yancey, to take the deposition of Mary Wilson to be read on the part of the plaintiff in the above entitled cause, I proceeded to have said Mary Wilson summoned to appear before me at the residence of William McIntosh in Jack's Creek township on Saturday the 9th day of June 1894 at 1 o'clock p.m., who after being duly sworn, deposes and says as follows: "Question: What is your age? Answer: I am 83. Q: Where is your residence? A: Cane River. (At this juncture, W.M. Moore, counsel for defendant S.B. Briggs offered an objection to the taking of the deposition of Mrs. Mary Wilson for the following reasons, to wit: That the complaint of the plaintiff shows that there are 22 parties as defendants and that the summons shows that only two have been served, and that the deposition should not be taken until all the defendants are properly in court, and had due notice of the taking of this deposition, and W.M. Moore made special appearance for a portion of the defendants not served, and makes the same motion as above in their behalf. Motion recorded, and plaintiff proceeded as follows.) "Q: Are you married, and if so, to whom? A: Yes, to George Wilson. Q: Is he now living? A: No. Q: When did he died? A: On the 11th day of March 1892. Q: How old was he at the time of his death? A: 89 years old. Q: State whether or not you know of his having executed a deed to Mary, Margaret, and Celia Wilson? A: I heard such a deed read. Q: How long before his death was this deed made? A: About 4 years. Q: What was your husband's condition at the time of the making of said deed? A: He was very low. Q: Do you mean by that that he was very sick? A: Of course I meant by that he was sick. Q: Based upon your knowledge of him at the date of making the deed, and of your observance of him at that time, what in your opinion was the condition of his mind? (Counsel for defense objected to this question on the following grounds: That before the witness can testify to the mental state of George Wilson, deceased, the make of the said deed, she must first qualify as an expert. Over-ruled) A: It was very weak, and I have no idea if it was right at that time. Q: Based upon your knowledge and observance of him, how long had this weakness you speak of been noted by you? A: Two or three weeks. Q: State whether or not at any time before this he had been out of his proper mind? (Objected to same as in above. Over-ruled) A: Several times I thought he was by his ways and actions. "(Excluded by plaintiff: Q: Did you hear him speak of the deed after the date of its writing? A: He said, I think after that time, that he was not satisfied about it, but he could hear nothing but the fixing of the deed for the girls when he was about. Q: What do you mean when you say he was about? A: I do not know, unless it was S.B. Briggs. Q: Why do you think it was S.B. Briggs? A: Because there had been nobody else here, but Dr. [O.M.] Lewis and S.B. Briggs was often telling him that when he got in the notion to have that writing done he would come and do it.) "Q: Do you know S.B. Briggs? A: I do. Q: Is he any relation to G.D. Wilson, deceased, if so, what? A: He is his son-in-law. Q: Was he married more than once, if so, to whom the second time? A: Yes, twice, and to Mary Wilson the 2nd time. Q: Was this Mary Wilson that S.B. Briggs married the 2nd time the same Mary Wilson spoken of in the deed? A: Yes. Q: What relation if any was this Mary Wilson to G.D. Wilson? A: His daughter. Q: Was your husband in his advanced years easily influenced by those whom he had confidence? A: He was. Q: Did your husband have confidence in S.B. Briggs? A: He did. S.B. Briggs made him do just as he pleased. Q: Could S.B. Briggs have influenced your husband to have made this deed against his will? A: He could have made George do anything he pleased with a little liquor or tobacco. Q: Did your husband use stimulants? A: He did. We kept it for him all the time. "(Excluded by plaintiff: Q: Was your husband ever advised to have a guardian and if so, who advised him? A: I think S.B. Briggs so advised him. Q: Did your husband ever express himself as being desirous that all his children should share alike in his estate? A: That was his talk. Q: Did he ever say he was desirous to divide the estate himself? A: I heard him say so to the children. Q: Do you know why he did not do it? A: I do not think he could get a chance to do it the way he wanted to do it. Q: What prevented him? A: S.B. Briggs told him to sell it and live on it, and I guess that was what prevented him. Q: Did he tell him to sell the entire tract? A: He told him to sell that piece off that was next to the river. Q: What did he say do with the remainder? A: I do not know.) "Q: What physician attended him during the sickness referred to about the date of the deed? A: Doctor [Oscar M.] Lewis and Fairchilds. Q: Do you know what medicine they gave him? A: I do not. Q: Did he drink any whisky during the sickness referred to? A: He did. Q: How often was it given to him? A: Very often. Q: Was S.B. Briggs at the time referred to, the date of the deed to the daughters, paying his respects to either of your daughters, and if so, to which one? A: He was, I reckon, to Mary. Q: Did he afterwards marry her? A: He did. Q: Did S.B. Briggs or his wife exhort you to secrecy concerning the marriage? (Objected to by counsel for defense. Objection sustained.) Q: How long after the date of the deed until the marriage of S.B. Briggs with his 2nd wife, Mary? A: I do not remember. "Cross Examination: Question: In what year was your husband born? Answer: I reckon in 1803. Q: In what year were you and your husband married? A: I cannot tell. I have forgotten. Q: In what year were you born? A: In 1809, in November. Q: How old was Margaret at her death? A: About 36. Q: How old was Celia when she married? A: I do not remember. Q: In what year was Celia born? A: I do not remember. Q: Which was the older, Celia or Margaret. A: Celia, perhaps two years older. Q: How old was Mary when she married? A: I do not remember. Q: Which is the older, Celia or Mary? A: Mary. Q: How much older is Mary than Celia? A: I do not know. Q: Did Mary and Celia stay at home and work until they married? A: They did. All the rest did. Q: Did you hear the deed made to Mary, Margaret and Celia read? A: I reckon I did, or a part of it. They were sneaking and sly about it. Q: Who read it to you? A: S.B. Briggs read it, or pretended to. I did not stay in the house to hear it all. Q: How did you know it to be a deed from George D. Wilson to Mary, Margaret and Celia Wilson? A: I knew it from what they said about it. I cannot read writing. Q: In what year was this deed made? A: I do not recollect. Q: How long had Mr. Wilson been intended to make this deed? A: I do not think he intended to make it at all if he could have helped it. It was a long time, about 3 years, I believe. Q: Did Surveyor James McCampbell come here and make a survey the day the deed was made? A: He did, I reckon the same day it was made. Q: Was not Mr. Wilson sitting in the kitchen the day the survey was made? A: He was not. He was not able to sit up. He had to be carried from bed to the fire on a sheet and back to the bed on a sheet and turned on a sheet. Q: Did Mr. George D. Wilson tell Mr. McCampbell where to find he corners in the survey? A: I do not know. Q: Did you hear Mr. Wilson and Mr. McCampbell talk about the survey? A: I did not. Q: What was the matter with your husband? A: I do not know, but he had rheumatism nearly all his life. Q: Does rheumatism affect the brain? A: I do not know. "Q: Did Mr. Wilson have mind enough at the time he was making the deed to know to whom he was making it? A: He must have known it. I reckon he had sense enough to know. Whether he opened his eyes or said anything I do not know. Q: Did he have mind enough to know that he was making a deed to land? A: I cannot say whether he had or not. Q: Did you see him sign the deed? A: I did not. Q: Who witnessed the deed? A: I do not know if there were any. There was no one here but S.B. Briggs and my son John. Q: Did you not often request S.B. Briggs and your husband to make the deed to your girls? A: If I did, I do not remember it, and if I had I think I should have remembered it. Q: Did you not hear Mr. Wilson say he had not done what he had wanted done for 10 years? A: I did not. He said that he could see no peace till it was done. Q: Did you hear Mr. Wilson say anything to Dr. Lewis about making this deed before it was made? A: I heard Dr. Lewis talking to him about it. He told him to make it to them at once. Then when he started, he, Dr. Lewis, said he, Mr. Wilson, would probably not be alive at that hour tomorrow. Q: Did you ever hear Mr. Wilson say anything to Ben Cox about making the deed? A: I did not. Q: Did you say at your house in the presence of Mary Hensley, Ben Cox and others that if anybody would swear that George D. Wilson was not competent to make the deed that he made to the girls that they would swear a lie? A: I never said such a thing in my life. Q: Did you say to Levi Buckner and his wife Celia at your house that if anyone swears that George D. Wilson was not competent to make a deed when he made this deed to Mary, Margaret and Celia Wilson that they would say a lie? A: I never said such a thing. Q: Did you ever say in the presence of S.B. Briggs and wife Mary at your house if anyone was to swear that George D. Wilson was not competent to make a deed when he made the deed... that they would swear a lie? A: I never thought of such a thing. Q: Was your husband an independent kind of man? A: He was not. Q: Did you furnish whisky to your husband on account of his sickness? A: I did. Q: Did the Doctor prescribe liquor for him? A: He did. Q: Did you ever ask Captain Briggs to fetch whiskey for him? A: I may have and he asked himself. Q: Could a stranger have come here and have made Mr. Wilson do anything he pleased with whisky and tobacco? A: I do not know. It was never tried. I do not know what could have been done. Q: Did not S.B. Briggs furnish Mr. Wilson whisky and tobacco at various times for ten years before his, Briggs, wife died? A: He brought it to him. The old man paid for his own. Q: Did you not hear Mr. Wilson say that the girls, Mary, Margaret and Celia should be paid for the work they did at home after they were twenty-one? A: Not as I know of. Q: Did G.D. Wilson have a guardian? A: Not as I know of. I thought a while S.B. Briggs was. Q: Did you advise the bringing of this suit? A: I did not. Q: Are you mad at S.B. Briggs now? A: I do not know how otherwise I could be. I am mad at him. He has used me bad and I have used him well. "Redirect Examination: Question: You were asked by the defendant if these, Mary, Margaret and Celia were not to receive compensation for their labor. Did they receive more or less than the other children, not including the deed? Answer: They had more than the rest because they stayed at home longer and earned it, and had a better chance. Recalled by the defendant. Q: Did Mary and Celia receive more household and kitchen furniture when they were married than the other children did at their marriage? A: They did. {Signed} Mary (her mark) Wilson. Sworn to and subscribed before me this the 9th day of June 1894 after all interlineations and erasures were made. James J. Brett(?), Commissioner. I hereby certify that the above is the correct proceedings of the deposition of Mary Wilson taken before me as above stated and parties served present, except Mary Briggs, and represented by counsel all of which I herewith transmit to the Clerk of the Superior Court of Yancey County, North Carolina under my hand and sealed with my seal, this 9th day of June 1894. James J. Brett, Commissioner" August 14 1894: Summons issued to Yancey County sheriff in the above case to Cratus Bailey, Loduska Bailey, Cora Bailey, Grover Bailey, Mittie Bailey, Pansy Bailey. Endorsed, "Not Executed. Parties not in Yancey County, said to be in Georgia. Returned August 15 1894, J.W. Moody, Sheriff Yancey County." Summons issued to Yancey County sheriff in the above case, to George Briggs, A.J. McCoy and wife Betsey McCoy, Melvin B. Briggs, W.N. Briggs, L.E. Briggs, William Parsons and wife Maggie Parsons, Will Sorrells and wife Belle Sorrells, J.D. Briggs and Fannie Briggs. Endorsed, "Served September 30 1894, J.S. Huskins, Deputy Sheriff, Yancey County." Summons issued to Madison County sheriff in the above case, to Levi Buckner and wife Celia Buckner. Sheriff J.H. White endorses the summons, "No Fees Received, therefore not executed." September 8 1894: Public Notice, The Marion Record newspaper, published in Marion, NC: "North Carolina, Yancey County} In the Superior Court, Fall Term. James Roland, et ux, Sarah Roland, C.W. Edwards, et ux, Lucinda Edwards, et al, vs. Cratus Bailey, Lodusky Bailey, Cora Bailey, Grover Bailey, Mittie Bailey, Pansy Bailey, et al. The defendants above named will take notice that an action entitled as above has been commenced in the Superior Court of Yancey County to set aside and declare void a certain deed to a certain tract of land to which the defendants have become heirs and which deed was improperly and illegally made; and the said defendants will further take notice that they are required to appear at the next term of the Superior Court of Yancey County to be held on the 8th Monday after the 1st Monday in September 1894 at the Courthouse in Burnsville, NC, and answer or demur to the complaint in said action, or the plaintiff will apply to the court for the relief demanded in said complaint. This 8th day of September 1894, W.B. Banks, CSC" September 11 1894: Application for Guardian Ad Litem} James Roland, Sarah Roland, C.W. Edwards, Lucinda Edwards, et al, vs. Cratus Bailey, Lodusky Bailey, Cora Bailey, Grover Bailey, Mittie Bailey, Pansy Bailey, Fannie Briggs, infant. To the Clerk of the Superior Court of Yancey County. The plaintiff in the above entitled cause respectfully showeth to the court that [above named persons] defendants in the above entitled proceeding now pending... are minors and without general or testamentary guardian; and that the said Fannie Briggs has been duly served... in said proceedings... while summons issued to the other minors was returned, "parties not in Yancey County, said to be in Georgia"... wherefore the said plaintiff hereby makes application to said court to appoint some suitable person to act as guardian ad litem for said minors and to represent their interests in said proceedings. James H. Roland, being duly sworn says the facts set forth in the foregoing application are true..." "Appointment of Guardian Ad Litem} In the above case affidavit being been filed asking the court for the appointment of guardian ad litem for the [above named] minors... it is adjudged by the court that R.S. Roland be and he is hereby appointed guardian ad litem for the minors to act for them... Given under my hand and seal this September 11th 1894. W.B. Banks, CSC." On the 18th of September, R.S. Roland appears in court and accepts the assignment as guardian ad litem. A summons is then issued to R.S. Roland on October 18 1894 to appear as defendant representing the Bailey minors, which is served on Roland that same day. December 24 1896: "Commission to take Deposition, Yancey County, In the Superior Court. To D.A. Angel, Esquire, Greeting. We having confidence in your prudence and fidelity, do hereby authorize and empower you to cause Dr. O.M. Lewis, witness in behalf of J.H. Roland et al Vs S.B. Briggs, to come before you at such time and place as you shall appoint and there to examine on oath concerning all such matters and things as he may know respecting a controversy now pending in our Superior Court... and his deposition to take in writing, under your hand, and seal up, and send the same to our said court at the Court House in Burnsville on the 2nd Monday after the 1st Monday in March A.D. 1897. Witness my hand and official seal this 24 day of December 1896. W.B. Banks, CSC" December 31 1896: "Pursuant to the commission delivered to me, D.A. Angel, the undersigned Commissioner appointed by the Clerk of the Superior Court of Yancey County, NC to take the deposition of Doctor O.M. Lewis a witness for the defendant to be read in evidence in a suit now pending in the Superior Court wherein J.F. Roland et al are defendants, summons having been issued to Dr. O.M. Lewis to appear before me at 2 o'clock p.m. on December the 21st 1896 and the defendant being present with his counsel, and the plaintiffs not being present, the case was continued on a written application for the plaintiff until the 31st day of December 1896." "Met according to adjournment... Plaintiff present... Defendant present... Dr. O.M. Lewis the witness being summoned testified as follows: Question: What is your name, age and residence? Answer: O.M. Lewis, age 63 years, resident of Burnsville. Q: Are you related to the plaintiffs or defendants in this action? A: First cousin to J.H. Roland and first cousin to J.H. Roland's wife, first cousin to S.B. Briggs and first cousin to Briggs' wife. Q: Have you any interest in the suit? A: None at all. Q: How long did you know him before his death? A: Fifty years or longer. Q: Did you know him in the month of December 1887? A: Yes. Q: At that time did he, George D. Wilson have sufficient mental capacity to know what he was conveying, its value and to whom he was conveying? (Objection by plaintiff) A: I think he did, by speaking of business matters before that time and since. Q: When did George D. Wilson die? A: I cannot remember. Q: Did you ever have a conversation with George D. Wilson before he made the deed to his three daughters, Margaret, Mary and Celia Wilson, if so, what did he say? (Objection by the plaintiff) A: Yes, I heard him say several times that the was going to divide his lands between three girls and at some of the times his wife was present and she said "I have been wanting him to do it for some time." I am under the impression I heard her say so more than once, heard her tell the girls so when George D. Wilson was not present. Q: Was you there the day that they was surveying the land? A: I was there. Q: How long was you George D. Wilson's family physician? A: I commenced practice in the family in the year of 1886 on up 'til his death about five years ago. Q: Did you ever see George at any time when he was mentally incapacitated to such an extent that he was not competent to transact his business? A: No, except the day in which he died. Q: Do you know how old Margaret was when she died? A: Thirty years, been dead about four years. Q: About what was her services worth by the year from 1886 up till the death of her father? A: It is a very hard matter for me to give an opinion. Women hire at different prices. Margaret was in house work. The other girls work out in the field at Mark Morrows' from seventy-five cents to a dollar per week. I think that she was worth seventy five cents per week. "Question: About how old was Mary Wilson in 1886? A: Over twenty one and older than Margaret. Q: What kind of work did Mary do? A: She worked out in the field during crop time. The balance of the time she was always busy doing _?_. Q: What was her services worth to George Wilson by the year from 1886 up 'til his death? A: About seventy-five cents per week and Celia Wilson the same, and she worked in the field the same as the others." "Cross Examination by Plaintiff: Question: About how old was G.D. Wilson at the date the deed was made to the three girls mentioned above? A: Some where in the eighties. Q: Was you present at the execution of that deed? A: No. Q: Do you know whether he was intoxant? A: Do not know. Q: Have you not seen him intoxicated? A: Many years ago. I have when I was working on him during his sickness. Q: Is it not a fact that a persons mind in old age may be quite intelligent?, his understanding of business clear... Q: About the time that this deed was executed G.D. Wilson was in extremely feeble health, was he not? A: Yes, his general health was very bad and he seemed to be a broken man, had no use of his lower limbs. Q: Do you remember telling _?_ in a conversation concerning the execution of these deeds that you had some suspicions(?) in regard to the same? A: I do not remember now. Q: Is it not a fact that you did have suspicion concerning the execution of the deeds referred to? A: No." "Redirect: Q: Do you think from the acquaintance you had with G.D. Wilson that those around him and about him could induce him to make a deed against his will? A: It is very hard for me to answer the question. I can hardly answer it to my own satisfaction. There is hardly any man but some of them has more influence over him than others, when he makes up his mind he generally stands to it. Q: You say that he was in feeble health about the time he made the deed referred to. What was the condition of his mind at the time. A: His mind was good. {Signed} O.M. Lewis" "Sworn to and subscribed before me after all interlineation and erasures have been made. This the 31st day of December 1896. {Signed} D.A. Angel" May 20 1897: "I W.B. Banks, CSC after having served notice to appear, this deposition... do consider the same competent. Therefore let the deposition be heard." Spring Term 1900: "Yancey County, North Carolina, Superior Court} Judge Thomas J. Shaw, Presiding: This cause coming on to be heard at the present term of this court before his Honor Thomas J. Shaw, upon the terms of compromise filed, and signed by the parties. It is now on motion and by consent of all parties to this action ordered, adjudged and decreed that said compromise be and the same is hereby in all things confirmed. That is to say, "1st, That the deed of George D. Wilson, deceased, dated on the 26th day of December 1887 to his three daughters Mary, Celia and Margaret, the same being the subject of this controversy is hereby decreed and confirmed to be the true deed of George D. Wilson, deceased. 2nd, It is further ordered, adjudged and decreed that the three undivided interest which descended to the heirs of Artie Briggs to Mary Briggs, present wife of wife of S.B. Briggs and to Celia Buckner wife of defendant Levi Buckner, are hereby divested from the heirs of Artie Briggs and from Mary Briggs and Celia Buckner, and invested in the five plaintiffs to wit, the heirs-at-law of Edward Wilson deceased, to wit, W.E. Wilson, Adelaide Williams wife of Joseph Williams and Josephine Bryant wife of L.W. Bryant, who take _?_, that is to say the one undivided fifth which would have fallen to their ancestor Edward Wilson deceased, Sallie Roland wife of James H. Roland, L.C. Edwards wife of C.W. Edwards, Jane A. Ray wife of E.P. Ray, Harriet McIntosh wife of W.E. McIntosh to have and to hold to them and their heirs forever all the right, title and interest of the aforesaid defendants in and to that portion of the land deeded by the said George D. Wilson to his three daughters aforesaid, which was allotted to Margaret Wilson deceased by partition had among themselves, referred to and shown by the deed from S.B. Briggs and wife Mary Briggs, Celia Buckner and husband Levi Buckner, to said Margaret Wilson deceased, reference to which deed is here made for a more particular description of the lands from which the title of the defendants aforesaid is divested which descended to them by the death of Margaret Wilson, deceased intestate. The meaning of this decree is to divest from the defendants and invest in the plaintiffs above stated with the three interests owned by the defendants who hold the same as tenants in common as above decreed. "3rd, It is further decreed that the above named plaintiffs stated in paragraph two shall owe the debts due by the estate of Margaret Wilson, that is to say a judgment in favor of Dr. O.M. Lewis and two judgments owned by S.B. Briggs against the estate of Margaret Wilson, one taken and recovered in the name of S.B. Briggs and another recovered in the name of L.A. Butner against said estate of Margaret Wilson and assigned by L.A. Butner to S.B. Briggs for value received, reference to said judgments is here made for the amounts hereby decreed to be paid by the above named plaintiffs, which judgment of S.B. Briggs are hereby decreed to be paid by the plaintiffs on or before the 1st day of September 1900, and upon the failure of the plaintiffs to pay said judgments on or before the date aforesaid then and in that event the Clerk of this Court is hereby directed upon the application of S.B. Briggs and the presentation and delivery to him of a certified record from a Magistrates' Court of the amounts still due on the judgment owned by S.B. Briggs, will issue execution therefore directed to the Sheriff of Yancey County, commanding him to levy the same on the lands partitioned to Margaret Wilson as above stated and sell the same to satisfy said executions. And it is further decreed that said judgments are hereby declared to be liens on the land partitioned to Margaret Wilson as aforesaid until paid. "4th, It is further ordered, adjudged and decreed that the interests which descended o the plaintiff John W. Wilson by the death of Margaret Wilson aforesaid in and to the lands decreed to the plaintiffs in paragraph two above stated be divested from John W. Wilson, and invested in his co-plaintiffs named and specified in paragraph two to them and their heirs forever as fully as in said paragraph two and according to the same rights among the plaintiffs as tenants in common as in said paragraph stated. 5th, It is further ordered and decreed that upon the registration of this decree on the registration books of said county, that the rights of the parties as by this decree declared shall operate to pass the title to the lands as fully and amply between the parties as the same would by deed duly executed between the parties and recorded. And it is further ordered that the Clerk upon the application to him by any of the plaintiffs named in paragraph two of this decree, they paying him the lawful fee therefor furnish such appellants a certified copy of this decree. And it is further ordered that Register of Deeds of Yancey County register the same upon the payment to him the fees due by law. "6th, It is further ordered and adjudged that the plaintiffs pay the costs incurred by them herein, and judgment is awarded against them for the same. 7th, It is further ordered and adjudged that the defendants pay the costs incurred herein by them, and judgment is now awarded accordingly for the same. In taxing the costs, the Clerk will tax to each party the costs that has arisen on process issued by them as in their favor and one half all continuances, orders, and one half of the costs in entering and recording on the minutes of this court is to be taxed to each party. {Signed} Thos. J. Shaw, Judge Presiding" The End.