Estate of Levi Raines-1912
 

 

      

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

       

 

 

 

 

 

 

 

 

 

       

 

 

 

 

 

 

 

 

 

 

       

 

 

 

 

 

 

 

 

 

       

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

 

 

 

 

Estate of Levi Raines -1912

Wake County, North Carolina

 

North Carolina
Wake County
Superior Court
Before the Clerk
COMPLAINT

NORMAN R. RAINES and LAURA RAINES and OTHERS
Vs
PASCHAL RAINES and OTHERS

The plaintiffs complaining of the defendant allege:
I. That LEVI RAINES late of the county of Wake in the state of North Carolina died intestate in said county on or about the ......day of August, 1912 leaving surviving him the following named brothers and sisters and the descendants of his deceased brothers and sisters as his sole heirs, and they and the other parties hereinafter named are all the persons interested in his estate:
1) His brother the plaintiff NORMAN R. RAINES who intermarried with the plaintiff LAURA RAINES of Apex, NC
2) His sister, the plaintiff, ALLIE ANN GUY who intermarried with the plaintiff THOMAS GUY of Durham, NC
3) His sister, the plaintiff ARZILLA STEWART who intermarried with the plaintiff MARSHALL STEWART of Apex, NC.
4) The heirs of his brother DOYLE RAINES late of the county of Wake and the state of North Carolina who died intestate on or about the....day of..... 1885 or thereabouts leaving surviving him the following named children as his sole heirs:
(a) His son the plaintiff BURWELL RAINES who intermarried with the plaintiff ISABELLA RAINES of Apex, NC.
(b) His daughter, the plaintiff JOSEPHINE RAINES who intermarried with her cousin the plaintiff HOUSTON RAINES of Apex, NC.
(c) His son, the plaintiff PATRICK RAINES who intermarried with the plaintiff JERUSHA RAINES, Apex, NC
(d) His son the plaintiff, SIDNEY RAINES who intermarried with the plaintiff HETTY RAINES, Apex, NC
(e) His son, the plaintiff CHARLES RAINES who intermarried with the plaintiff DORA RAINES of Apex, NC.
(f) His daughter, the plaintiff SOPHIA RAINES EVANS who intermarried with the plaintiff WINSLOW EVANS, Apex, NC.
5) The heirs of his brother MARTINE RAINES late of Wake County state of North Carolina who died in said county on or about the....day of......A.D. 1889 or thereabouts, leaving surviving him the following children his sole heirs:
(a) His daughter, the plaintiff ARTELIA RAINES TYLER who intermarried with the plaintiff NEAL TYLER of Apex, NC.
(b) His son, the plaintiff DUNCAN RAINS who intermarried with the plaintiff PENNY RAINES of Dunn, NC
(c) His son, the defendant, DINKAN RAINES who intermarried with the defendant ..... RAINES and they reside in the state of Georgia or did when last heard from and their place of residence is unknown and it is unknown whether they be living or dead leaving

6) The heirs of his brother HAWKINS RAINES late of Wake County in the state of North Carolina who died intestate in the said county on or about the ....day of .....1909 leaving surviving him the following named children as his sole heirs:
(a) His son the plaintiff HOUSTON RAINES who intermarried with his cousin the plaintiff JOSEPHINE RAINES. [Apex, NC]
(b) His son the plaintiff GASTON RAINES who intermarried with the plaintiff MARGARET RAINES of Varina, NC.
(c) His son the defendant PASCAL RAINES late of Guilford County, who intermarried with the defendant ALCOA RAINES of Apex, NC: the said PASCAL RAINES has not been heard from in about fifteen years and his present residence and post office are unknown, and it is not known whether he be living or dead.
(d) His son the defendant ADOLPHUS RAINES who left this state unmarried about the year 1886 and has not been heard from since, it is not known whether he is living or dead or if dead whether he left any widow or heirs.
(e) His son the defendant LONNIE RAINES who left this state unmarried about fifteen or twenty years ago and has not been heard from since. His post office and residence are unknown and it is not known whether he is living or dead or if living whether he left any widow or heirs.
(f) His son, the plaintiff JOSEPH RAINES, unmarried post office Apex, NC
(g) His daughter the plaintiff AUGUSTA RAINES PRICE who intermarried with the plaintiff PASCAL PRICE of Durham, NC.

[Written in left margins of page:
a) GASTON's share should be pd into court till such a time as he show which of two women: LOVIE RAINES of Apex, or MARGARET RAINES of Varina, NC is his lawful wife.
b) Note PASCHAL RAINES left 2 children by ALCOA named (1) LONNIE RAINES, insane & unmarried & in Goldsboro Insane Asylum (2) ELIZA RAINES-- who married]

(h) His daughter the defendant CLAUDIA RAINES SCOTT who intermarried with RUFUS SCOTT and left this state about 1886 and went out to the state of Arkansas, after the death of her first husband intermarried with one...... name unknown and their present post office is unknown, but she and her husband were living about three years ago in or near Little Rock Arkansas.
(i) His son the defendant CAREY RAINES who intermarried with the defendant LELLA RAINES of Apex, NC.

7) The heirs of his sister, ELIZABETH RAINES SCOTT who intermarried with said RUFUS SCOTT and died on or about the....day of ....A.D. 1890 or thereabouts leaving surviving her the following named children as her sole heirs at law.
(a) Her son the defendant HENRY SCOTT who left this state many years ago unmarried and went to the state of Arkansas where he was when last heard from five or six years ago and whether married or single is not known and it is not known whether he is living or dead or if dead whether he left any widow or heirs.
(b) Her daughter, the defendant AUGUSTA ANN SCOTT who left this state many years ago and has not been heard from in five or six years and it is not known whether she is married or single and if married the name of her husband is unknown and her place of residence and post office is unknown.

8) The heirs of his brother PASCAL RAINES who died intestate in Chatham County about the year 1886 leaving surviving him:
(a) His son the plaintiff JOHN RAINES a widower in Chatham County post office New Hill,NC.
(b) His son the defendant HENRY RAINES unmarried and it is not known whether he be living or dead and if living the place of his residence is unknown.

II. That the said decedant, LEVI RAINES died seized and possessed of a tract or parcel of land in Wake County, North Carolina in White Oak township near the town, or Apex (the whole tract consisting of two parts described in separate deeds hereinafter referred to) adjoining the lands of WAYLAND MATTHEWS and others and more fully described as follows:


[In left margins: Note tha ALMEY or ALMIE son of JANE RAINES who was a deceased son of PASCHAL RAINES committed homicide & fled the state. MONROE RAINES son of PASCHAL RAINES died & left a son HARVY RAINES P. O. New Hill, unmarried.]

First tract described in a deed made by WILLIAM STEWARD and wife GILLIE STEWART to LEVI RAINES the 13th day of March, 1878 and recorded in Book 80 at page 649 in the office of Register of Deeds for Wake County as follows:
adjoining the lands of MONIZA KING and WILLIAM STEWART and bounded as follows; Begins at a stake near a spring in said KING's line, runs north 2° E. 18 poles to a stake in the center of JOEL JONES road, thence with said road N. 69° W. 26 poles to a stake and pointers, thence S. 2°W. 25 poles to a stake said KING's line, thence S. 88° E. 24 poles to the beginning three acres 36 poles: Second tract in a deed from L. L. EDWARDS and wife to LEVI RAINES dated the 14th day of February 1888 as follows: land adjoins the land of LEVI RAINES and others and is bounded as follows: Beginning at a stake ELIAS ROGERS corner, runds north 59 poles and 4 links to a stake in the Apex road, thence S. 52° E. 50 poles 8 links to a stake in the Apex road, thence S. 12 poles 7 links to a stake, thence North 69° W. 26 poles 10 links to a stake, thence S. 3°W. 25 1/2 poles to a stake thence 13 1/2 poles to first station containing 7 3/4 acres more or less.

III. That the above named heirs at law of LEVI RAINES are tenants in common in possession of the said land and entitled to have the same sold for partition for that the land cannot be divided among so many parties in interest without injury to the interests of some or all of those interested and concerned in the division. The whole only amounts to about 11 acres and the land is suitable only for farming purposes and it is to the interests of those concerned to have the land sold at public outcry at the court house door for cash as soon as practicable and to have the proceeds of sale, after paying the costs and expenses of sale divided among those entitled according to law.
Wherefore the plaintiffs ask that the said land be sold for partition, that a commissioner be appointed to make sale of the said land and to divide the proceeds after paying the costs and expenses of sale among those entitled as their interests appear and according to law for such allow & before they may be entitled accordingly.

PEELE & MAYNARD
Attorneys for plaintiffs


NORMAN RAINES being duly sworn deposes and says that the foregoing complaint is true to his knowledge except as to such matters as are therein stated on information and belief and as to those he be believes it to be true.

NORMAN R. RAINES ("X" his mark)

Sworn to and subscribed before me this 23rd day of Dec. 1912.

MILLARD MIAL

S.P. NO. 1940
NORMAN R. RAINES & Others
vs
PASCHAL RAINES & Others

Complaint - Filed Dec. 24, 1912
MILLARD MIAL, C.S.C.
 


North Carolina
Wake County
Superior Court
Before the Clerk

NORMAN RAINES and Others
vs
PASCAL RAINES and Others

Judgment of Distribution

This cause coming on to be heard upon the motion of PEELE and MAYNARD, Attorneys for the Plaintiffs, for order of final distribution of the proceeds of the real estate of LEVI RAINES, deceased, left after costs and expenses of proceedings and sale, it is adjudged:

1. That NORMAN RAINES, brother of the decedent, LEVI RAINES, is entitled to one-eighth share, which share for convenience of distribution he has elected to take out of the personal property in his hands for distribution as well as the allowance made him for commissions and services.

2. That ALLIE ANN GUY, sister of the decendent, LEVI RAINES, is entitled to one-eighth share.

3. That ARZILLA STUART, sister of the decedent, LEVI RAINES, is entitled to one-eighth share.

4. That the heirs of DOYLE RAINES, deceased, brother of the decedent, LEVI RAINES are entitled to one-eighth share as follows:
(a) his son, BURWELL RAINES is entitled to one sixth of one-eighth equal to one-fortyeighth,
(b) his daughter, JOSEPHINE RAINES is entitled one sixth of one-eighth equal to one-fortyeighth,
(c) his son PATRICK RAINES is entitled to one-sixth of one-eighth equal to one-fortyeighth,
(d) his son SIDNEY RAINES is entitled to one-sixth of one-eighth equal to one-fortyeighth,
(e) his son CHARLES RAINES is entitled to one-sixth of one-eighth equal to one-fortyeighth,
(f) his daughter, SOPHIA RAINES EVANS, is entitled to one-sixth of one-eighth equal one-fortyeighth,

5. That the heirs of MARTINE RAINES, deceased, brother of the decedent, LEVI RAINES are entitled to one-eighth share as follows:
(a) his daughter ARTELIA RAINES TYLER is entitled to one-third of one-eighth equal to one-twentyfourth,
(b) his son DUNCAN RAINES is entitled to one-third of one-eighth equal one-twentyfourth,
(d)[sic] his son DINKIN RAINES is entitled to one-third of one-eighth equal to one-twentyfourth.

The commissioner is given thirty days more to find his post office address and if still unable to do so he may pay his share into court to await the further orders of the court or someone in trust for him upon sufficient security given.

6. That the heirs of HAWKINS RAINES, deceased brother of the decedent LEVI RAINES are entitled to one-eighth share as follows:
(a) His son, HOUSTON RAINES is entitled to one-tenth of one-eighth equal one-eightieth.
(b) his son GASTON RAINES is entitled to one-tenth of one-eighth equal one-eightieth. GASTON RAINES married LOVIE RAINES of Apex and is now living with MARGARET RAINES at Varina, NC. It is adjudged that his share shall be paid into court by the commissioner or to some person in trust for him upon sufficient security given until such a time as it shall be ascertained who is his lawful wife, or until other lawful order can be made respecting his share.
(c) his son, PASCAL RAINES, if living, would be entitled to one-tenth of one-eight equal one-eightieth. PASCAL RAINES has not been heard from in many years and is adjudged to be dead. He left two children, his sole heirs at law, LONNIE RAINES, insane and unmarried at Goldsboro, NC, and ELIZA RAINES McDOUGAL who married .......McDOUGAL address unknown if not at Barclayville, NC it is therefore adjudged that that commissioner be given thirty days further to find her address and the name of her husband and if not found he may at the end of that time pay her share into court; and the share of her brother, LONNIE RAINES, shall be paid into court until such a time as he shall become sane or competent to manage his own affairs subject to the further direction of this court. That upon sufficient security given under approval of the court PASCAL RAINES' share may be paid to some person in trust for the benefit of his heirs; and as some doubt has arisen as to his death the commission may hold this fund or pay it into court pending further inquiry.
(d) his son, ADOLPHUS RAINES, if living, would be entitled to one-tenth of one-eighth equal one eightieth. ADOLPHUS RAINES is adjudged to be dead and his share may be paid by the commissioner into court for his heirs, or upon sufficient security given with the approval of the court may be paid by the commissioner to any person in trust for his heirs.
(e) his son, LONNIE RAINES, if living, would be entitled to one-tenth of one-eight equal to one eightieth. LONNIE RAINES is adjudged to be dead and his share may be paid by the commissioner into court for his heirs, or upon satisfactory security given with the approval of the court may be paid by the commissioner to any person in trust for his heirs.
(f) his son, JOSEPH RAINES, is entitled to one-tenth of one-eight equal to one-eightieth,
(g) his daughter AUGUSTA RAINES PRICE is entitled to one-tenth of one-eighth equal to one-eightieth.
(h) his daughter, CLAUDIA RAINES SCOTT, if living could be entitled to one-tenth of one-eighth equal to one-eightieth. The commissioner is given thirty days further to find her post office and if not found he may at the end of that time pay her share into court or upon sufficient security given with the approval of the court her share may be paid by the commissioner to any person in trust for her heirs.
(i) his son, CARY RAINES is entitled to one-tenth of one-eighth equal to one-eightieth.
(j) his daughter, FRANCES RAINES EVANS if living, would be entitled to one-tenth of one-eighth equal to one eightieth, she is adjudged to be dead and her share goes to her daughter LURENDER EVANS JONES.

7. That the heirs of ELIZABETH RAINES SCOTT, deceased, sister of the decedent, LEVI RAINES are entitled to one-eighth share as follows:
(a) HENRY SCOTT, if living, would be entitled to one-third of one-eighth equal one-twenty-fourth. The commissioner is given thirty days further to ascertain his address and if not found at the end of that time he may pay his share into court or to any person in trust for him upon sufficient security given.
(b) her daughter AUGUSTA ANN SCOTT EVANS, if living would be entitled to one-third of one-eighth equal to one-twentyfourth. The commissioner is given thirty days further to ascertain her address and if not found at the end of that time he may pay her share into court or to any person in trust for her upon sufficient security given.
(c) her son, MONROE SCOTT if living would be entitled to one-third of one eighth equal one-twentyfourth. He is adjudged to be dead and his children are entitled to his share as follows:
[a] MANIZA SCOTT MONROE or MONTROSE his daughter is entitled to one-third of one-twentyfourth equal one-seventy second.
[b] his daughter GERTRUDE SCOTT ALSTON is entitled to one-third of one-twentyfourth
[c] His daughter BERTHA SCOTT LAMBETH is entitled to one-third of one-twenty-fourth equal to seventy-second.

8. That the heirs of PASCAL RAINES, deceased, brother of the decedent LEVI RAINES, are entitled to one eighth share as follows:
(a) his son, JOHN RAINES is entitled to one-fourth of one-eighth equal to one-thirtysecond,
(b) his son, HENRY RAINES, if living would be entitled to one-fourth of one-eighth equal to one-thirtysecond, The commissioner is given thirty days further to find his address and if not found at the end of that time he may pay his share into court or to any person in trust for him upon sufficient security given,
(c) his son, MONROE RAINES, if living would be entitled to one-fourth of one-eighth equal to one thirty-second. He is adjudged to be dead and his share goes to his son HARRISON RAINES, his sole heir and distribute.
(d) his son, JIM RAINES, if living would be entitled to one fourth or one-eighth equal to one-thirtysecond. He is adjudged to be dead and his son ALMA or ALMY RAINES is entitled to his share. The commissioner is given thirty days further to find the address of ALMA RAINES and if not found at the end of that time he may pay his share into court or to any person in trust for him upon sufficient security given.

It further appearing that the heirs or LEVI RAINES as above designated are entitled to the same pro rata distribution of the personal property as of the real estate and that the balance left in the hands of the administrator after taking out his share of the personal property and of the proceeds of the real estate coming to him said NORMAN RAINES and also the allowance made for commissions and services, is too small to bear the expense of a separate distribution, it is hereupon adjudged that the commissioner may make the distribution of the personal property and the proceeds of real estate and take receipts therefor in full of the shares which may be coming to the heirs and distributees.
Proceeds of real estate as shown by account of Commissioner...W. J. PEELE..........$328.34.
Proceeds of personal property as shown by account of administrator...N. R. RAINES......72.19.

Returned by administrator to commissioner $4.62 in full of amount paid for him by commissioner= $5.00
$405.53

Subject to the costs of this judgment....2.00
Leaving to be divided among the heirs and distributees...$403.53 the heirs at law and distributees of LEVI RAINES deceased; and the special cost of advertising for non residents and unknown heirs to be paid out of the shares of such heirs, and the same $31.00 having been already paid out of the whole fund in the hands of the commissioner it is now added to the shares of the residents who were not advertised for.
And this cause is retained for further directions as to any shares which may be paid into court.

MILLARD MIAL
Clerk Superior Court
Wake County


NORMAN R. RAINES and Others
vs
PASCAL RAINES and Others

Order of Distribution
Filed Aug. 26, 1914
MILLARD MIAL
C.S.C.

$2.00 pd

Recorded in: Final Settlement
Docket: S, Page 133
This 28th day of Aug. 1914
Per: J.N.K.
 


All the defendants named in this Summons are non Residents except
1) Except- ALCOA RAINES, lives near Apex who is the gross widow of PASCHAL RAINS who left the State many years ago.
2) CARY RAINES and
3) LILLA RAINES his wife near Apex.

NORMAN RAINES can inform deputy where parties reside if he does not know.
PEELE- MAYNARD
----------------------
Wake County - In the Superior Court
SUMMONS FOR RELIEF

NORMAN R. RAINES, LAURA RAINES
ALLIE ANN GUY, THOMAS GUY,
ARZILLA STEWART, MARSHALL STEWART, BURWELL RAINES, ISABELLA RAINES, JOSEPHINE RAINES, HOUSTON RAINES, PATRICK RAINES, JERUSHA RAINES, SIDNEY RAINES, HETTY RAINES, CHARLES RAINES, DORA RAINES, SOPHIA RAINES EVANS, WINSLOW EVANS, ARTELIA RAINES TYLER, NEAL TYLER, DUNCAN RAINES, PENNY RAINES, GASTON RAINES, MARGARET RAINES, JOSEPH RAINES, AUGUSTA RAINES PRICE, PASCHAL PRICE, JOHN RAINES - Plaintiffs

against

PASCHAL RAINES, ALCOA RAINES,
DINKEN RAINES, .... RAINES, his wife
ADOLPHUS RAINES, LONNIE RAINES,
CLAUDIA RAINES SCOTT ....., CAREY RAINES,
LELLA RAINES, HENRY SCOTT, AUGUSTA ANN SCOTT,
HENRY RAINES - Defendants

The State of North Carolina
To the Sheriff of Wake County- Greeting:
You are hereby commanded to summon PACHAL RAINES, ALCOA RAINES, DINKAN RAINES, ....RAINES, his wife, ADOLPHUS RAINES; CLAUDIA RAINES SCOTT,......, CAREY RAINES, LELLA RAINES, HENRY SCOTT, AUGUSTA ANN SCOTT, and HENRY RAINES the defendants above named if they be found within your county, to appear before the Clerk of the Superior Court for the County of Wake, at his office in Raleigh, on the 29th day of January, 1913, and answer the complaint which will be deposited in the office of the said Clerk of the Superior Court of said County within ten days after the issuing of this summons. And let them take notice that if they fail to answer said complaint within the time prescribed by law, the plaintiffs will apply to the Court for the relief demanded in the complaint.
Hereof fail not, and of this summons make due return.
Given under my hand and seal of said Court this 24th day of December 1912.
MILLARD MIAL
Clerk Superior Court, Wake County
 


ALCOA RAINES, CAREY RAINES, LELLA RAINES
No. 1940 S.P.

NORMAN R.RAINES and Others
against
PASCHAL RAINES and Others

Summons for Relief
Returnable the day of January 1912
into the office of the Clerk of the Superior Court for Wake County.

Received Dec. 24, 1912
Served Dec. 26, 1912
by reading the within summons to ALCOA RAINES, CAREY RAINES and LELLA RAINES, after due diligence and search the other defendants herein named are not to be found in Wake County.

J. H. SEARS
Sheriff Wake County
To G. H. WALLS , D.S.
PEELE and MAYNARD, Plaintiffs Attorneys

Pd Shff $1.80 use of
MIAL C.S.C.
 


Transcript of Newspaper Article
Biblical Recorder Publishing Co,
Raleigh, NC

Feb. 9, 1913, Publication Notice from 2/12/1913 to 3/5/1913 - $10.00
PUBLICATION OF NOTICE

North Carolina - Wake County
Superior Court- Before the Clerk
PASCHAL RAINS, and others.
Vs
NORMAN R. RAINES, and others.
Order of publication for parties and persons whose names are unknown.
PASCHAL RAINS, LONNIE RAINES, DOPHUS RAINS, CLAUDIA RAINS SCOT______, and her present husband, _______, and the children, descendants, heirs-at-law and persons interested in the estate of such of them as are dead (names of such children, etc., unknown to the plaintiffs or petitioners in this proceedings) will take notice that the court orders them to appear and answer or demur to the complaint which has been filed in this the above entitled special proceeding pending in the Superior Court of Wake County before the Clerk of said court, and show cause, if they can, why the relief demanded in the said complaint should not be granted.
The said persons above named or described, or indicated, and each of them will also take notice that the plaintiffs in the said proceedings have filed a complaint, demanding the sale of the land of LEVI RAINS, deceased, late of the county of Wake, in the State of North Carolina, adjoining the lands of W. C. MATTHEWS and others situated about one mile from the town of Apex and containing about eleven acres, more or less, valued at about $500.
The said persons aboved-named, described or indicated, will further take notice that the sale demanded in the complaint is for division of the said land above-described, and more fully described in the complaint among the heirs-at-law, and persons interested in the estate of the said LEVI RAINS, for that the said tract is of too small acreage and too little value, and the persons interested are too numerous for actual division to be made without injury to the interest of all concerned, and that the said complaint further shows that it is to the interest and advantage of all parties concerned to have the land sold for division of proceeds among those entitled according to law. The persons above named, described and indicated, will further take notice that the sale of the said land has been ordered, and that publication of summons has been made for those parties and persons interested who could not after due diligence be found in North Carolina and that the said sale may be confirmed by the court after the 10th day of March, 1913, and the proceeds of sale ordered to be distributed among the parties in interest if no cause to the contrary be shown.

MILLARD MIAL
Clerk of the Superior Court
of Wake County

PEEL & MAYNARD,
Attorneys for Plaintiff
February 7, 1913

 



NEWS AND OBSERVER PUBLISHING CO.
Raleigh, March 20

North Carolina- Wake County
Superior Court Before the Clerk.
NORMAN R. RAINS and others vs PASCHAL RAINS and others.
Order of publication for parties and persons whose names are unknown.
PASCHAL RAINS, LONNIE RAINS, DOLPHUS RAINS, CLAUDIA RAINS SCOTT _____, and her present husband _____, and the children, descendants, heirs-at-law and persons interested in the estates of such of them as are dead (names of such children, etc., unknown to the plaintiffs or petitioners in this proceeding) will take notice that the court orders them to appear and answer or demur to the complaint which has been filed in this the above entitled special proceeding pending in the Superior Court of Wake county before the clerk of said court, and show cause, if they can, why the relief demanded in the said complaint should not be granted.
The said persons above named or described, or indicated, and each of them will also take notice that the plaintiffs in the said proceedings have filed a complaint, demanding the sale of the land of LEVI RAINS, deceased, late of the county of Wake, in the State of North Carolina, adjoining the lands of W.C. MATTHEWS and others situated about one mile from the town of Apex and containing about eleven acres, more or less, valued at about $500.
The said persons above named, described or indicated will further take notice that the sale demanded in the complaint is for division of the said land above described, and more fully described in the complaint among the heirs-at-law, and persons interested in the estate of the said LEVI RAINS, for that the said tract is of two small acreage and too little in value, and the persons interested are too numerous for actual division to be made without injury to the interest of all concerned, and that the said complaint further shows that it is to the interest and advantage of all parties concerned to have the land sold for division of proceeds among those entitled according to law. The persons above named, described and indicated will further take notice that the sale of the said land has been ordered, and that publication of summons has been made for those parties and persons interested who could not after due diligence be found in North Carolina and that the said sale male be confirmed by the court after the 10th day of March, 1913, and the proceeds of sale ordered to be distributed among the parties in interest if no cause to the contrary be shown.
MILLARD MIAL
Clerk of the Superior Court of Wake County,
PEEL & MAYNARD
Attorneys for Plaintiffs
Feb. 7th, 1913.
 

(Levi Raines, b.1842, was the son of Allen Raines & Amelia Evans of Wake County, NC; he was married to Elizabeth Stewart, b. 1843, daughter of Margaret Stewart, on February 4, 1867. Recent DNA results indicate that Allen Raines was probably the son of Alley Rains who bore an illegitimate child as indicated in a 1792 Bastardy Bond in Wake County; the bond which originated with a 1790 court record where it was revealed that Alley was pregnant at the time, and that Sion Brown was named as the father. If this was the same person in the bond, Alley later married John Wyatt in 1802 Franklin County, NC.

 

 

 

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