Petition For Sale of Land for Assets - Isaac Lamm

Petition for Sale of Land for Assets



NORTH CAROLINA
WILSON COUNTY IN THE SUPERIOR COURT


C. W. O'Neal, Administrator,
c.t.a. of Isaac Lamm, deceased
Petition for sale of land for assets.
vs

Isaac Lamm and others.

To the Clerk of the Superior Court of Wilson County,

The petition of C. W. O'Neal, administrator with the will annexed of Isaac
Lamm, deceased, respectfully showeth unto the Court.

1. That Isaac Lamm, late of the County of Wilson, died during the month of
July 1898, having first published a last will and testament naming therein
Soloman and Jonas Lamm, executors thereto. That Soloman Lamm died prior to the death of the testator, and Jonas Lamm died after said Testators death without qualifying as executor of said will. That said will was duly
admitted to probate and your petitioner C. W. O'Neal duly appointed
Administrator with the will annexed and qualified as such.

2. That the value of the personal property of the estate of the said Isaac
Lamm was about $14.00 which is in the hands of your petitioner.

3. That the outstanding indebtedness of the said Isaac Lamm at the time of
his death was about $350.00 so far as the same can be ascertained.

4. That a part of the real estate of the testator was devised to his children
and grandchildren. That a portion of said land, to wit: "One piece of land
commencing at a gum in the great swamp near the mouth of Driving Branch, up said swamp with Thomas Lamm line to Peter Eatman's corner, then nearly east with said Eatman's line to a stake in O'Neal's corner thence nearly east to a pine, thence nearly south to a stake near the little ditch, then down said ditch to a stake then near south to the beginning", was devised to his widow for life or widowhood and his two daughters, Polly and Celia to hold in common stock equally alike during their joint lives and at the death of the survivor the portion on the west side or road to his grand daughter, Polly Deans, except the Mill and three acres most convenient thereto. The remainder thereof was to be sold and two hundred dollars of the money to be equally divided between the children of his daughter, Delphia Deans except Polly and the balance of the said proceeds between all his grandchildren living at that time.

5. That a part of said land was sold by the said Isaac Lamm prior to his death, to wit: The land on the West side of the road and the Mill. That one
hundred acres of said land was sold by an order of the Superior Court of
Wilson County upon petition of Thos. Lamm, Guardian of Isaac Lamm, he having adjudged to be insane. That the widow, Annie Lamm dissented from the will and applied to the Court for dower and pursuant to the said application the remaining portion, to wit: Beginning at Bloomery Swamp bridge and running down said swamp to the mouth of Driving Branch then up the Branch to Thos. Mongomery's line, then along his line to his corner, a stake, thence down his line to the said Branch, thence up said branch to a stake, his corner, thence along said Mongomery's line to a stake, O'Neal's corner thence along O'Neal's line to a stake that is in lot No. 6 thence down the line of lot No. 6 to a stake in W. H. Mercer's line thence along said Mercer's line to a corner in said Mercer and Hackney High's line thence along the line of said High to D. J. High corner thence along the line of Thos. Eatman's to T. R. Lamm line then along said Lamm's line to his corner near the road in said Driving Branch thence along his line to the Bloomery Road thence along said road to the beginning, containing about two hundred acres, worth about $5.00 per acre.

6. That Polly Lamm died prior to the death of the said testator. That Celia
Lamm is living and is unmarried.

7. That George A. Deans, aged about 23, Isaac D. Deans, aged about 28, Shelly Deans aged 30, Elvaina Deans aged about 25 and John W. Deans are the children of the said Delphia Deans, (except Polly who married Mathew Ellis) and were living at the death of the said Isaac Lamm. That said John W. Deans has died since the death of the said Isaac Lamm, leaving surviving him one child, Naiona P. Deans, aged about five months.

8. That Richard Lamm aged about 33, Dora Ann Wells aged about 31, Sally Ann Williamson aged 29, Cornelia Barnes, Isaac Thos. Lamm, aged about 28, Etta Ann Lamm, aged about 22, Elkannah aged about 17, Rosey Lamm aged about 14, Jesse O'Neal aged 33, Henry T. O'Neal aged about 30, Chas. O'Neal about 26, Stephen O'Neal aged 23, Vernon O'Neal aged 21, Lester O'Neal aged about 16, Mary Ann Lamm, aged about 29, Elizabeth Winbourne aged about 27, Martha Pearson aged about 24, Nancy High aged about 25, Victoria Mongomery aged about 18, Piety Mongomery aged about 16, Wesley Mongomery aged about 14 and the aforesaid children of Delphia Deans, are the grandchildren of the said Isaac Lamm living at the time of his death.

9. That a sale of the said land is necessary for the payment of the debts and
charges of Administration of the said Isaac Lamm.

10. That the said Annie Lamm, and Celia Lamm are willing that an order be
made directing the sale of the said lands including the life estates of the
said Annie and the said Celia, and that after payment of the costs of
administration and the debts of the said Isaac Lamm, the remaining proceeds of the said sale be invested at interest and paid over to them during the joint lives and the life of the survivor.

11. That the aforesaid infants have no general or testamentary guardians.

12. That the defendant Isaac Thos. Lamm is a nonresident of this state.

WHEREFORE your petitioner prays that this honorable Court will make an order directing that service of summons be made on the said Isaac Thos. Lamm by publication in the "Wilson Times" a newspaper published in the County of Wilson for six weeks as required by law.

That after said service be made if the said defendant does not answer that
this Honorable Court will make and order directing that the lands herein
described as allotted to the said Annie Lamm for her dower be sold, that from the proceeds of such sale the debts of the said Isaac Lamm and the costs of administration be paid and that after paying the costs of this proceedings that the balance of said purchase money for said lands be loaned at interest and the interest paid to the said Annie Lamm and the said Celia Lamm during their joint lives. For such other orders as may be in accordance with the law and the course and practice of this Court.

And your petitioner will ever pray as he is in duty bound to do.

H. G. ------------
For plaintiff


C. W. O'Neal, the above named plaintiff, being duly sworn deposes and says
that he has heard read the foregoing petition and that the facts therein
stated are true of his own knowledge except those facts therein stated upon
information and belief and as to those he believes them to be true.

C. W. O'Neal

Sworn and subscribed to before me this April 16th 1900.

J. D. Bardin, Clerk



Submitted by:
Jo Webb
[email protected]

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