Joshua Stamper, Ashe County, North Carolina, 1867 Estate File Excerpts

Estate file excerpts from the 1867 Ashe County, North Carolina estate file of Joshua Stamper.

[Note: The first document contains some of the worst handwriting I have ever seen, and ink has bled through from the opposite side. Transcribing was extremely difficult.]

“North Carolina
Wilkes County
Court of Pleas & Quarter Sessions Feb Term of 1867 [To?] the worshipful, the justices of said Court the Petition of G B Mc Macmillan Adm. [or Admin.?] of goshua Stamper. Respectfully sheweth to your worships, your Petitioner. Petitioner was only appointed Administrator of the Said intestate at the Present term of this Court. He further sheweth that the Debts of the said intestate amount so far as [he?] has been able to ascertain therein, to about sixty dollars, & that the cost of the administration will amount to about thirty dollars. He further sheweth that there is no personal estate belonging to the said Intestate. He further sheweth that this said intestate decd [i.e. deceased] seized & possessed of the following Real Estate. Situate in Ash County, to wit one tract of Land in the South [fork?] of New River, adjoining the lands of Polly Taylor, Bryant [Reav? or Race?] & others containing about 40 acres. He further sheweth that this said intestate left heirs surviving the following his only children & heirs at Law, to wit goseph Stamper, Abraham Stamper Robert Hash Polly his wife, of full age & [Rawsey?] Stamper Thomas Stamper & Harvy Stamper who are minors under twenty one years of age, & without Guardian. He further shewes [or showes?] that it is necessary to Sell the whole of the Said Land, [other side of page:] to pay the Debts & Costs of Administration To the End therefore that an order may be made by this Court that your Petitioner may sell the whole of the Said Lands for [assets?]. May it Please your worships to order the Clerk of this Court that A States writ of Subpoena together with [officer?] of this Petition issue, to the Said goseph Stamper, Abraham Stamper Robert Hash & Polly His wife commanding them to appear at the next Term of this Court & Show cause if any they Have why the Prayer of your Petitioner should not be granted. May it Please your Worships to appoint such sutable person Guardian for the S[?] Thomas Ha[?]y & R[?]y to defend their Rights in that Suit. & your Petitioner will ever [?] &c
R G [Humfield?] c[?]
G. B. McMillan maketh oath that the matters of fact set forth in the above Petition are true to the best of his knowledge & belief
[signed] [A.?] B. McMillan
sworn to & subscribed before me this the 25th day of July 1867
[?] Hardin Clerk
[?] McMillan
[by?] E C [Barten?] [D?] C
[next page:]
ordered by the Court that [Ordered?] G Hardin Clerk of this Court be appointed Guardian ad Litem for the Infant dependents in this Petition mentioned, to defend their rights in this Suit & that copies & subpoenas issue as prayed for
[with a different pen and perhaps in a different handwriting:]
Aug. Term 1867
G B Mc. Millain Admr of goshua Stamper
vs
Hiers at Law of goshua Stamper [Rel.?] to sell Land
This Case Coming on [or in?] to be heard, upon the Suggestion of Councel &c. It is ordered adjudged [(ink blot)] by the Court that the Administrator g. B. McMillan Sell the Lands described in the Petition, upon the premises, after thirty days advertizement, at the Court house in jefferson & at three other public places in Ash County by public Auction auction [sic], to the highest bidder, upon a credit of six months & take Bond & good security for the Purchase money, & [repeat?] under [his?] hand to the next [Term?] of this Court”

[other side: label of document:]

“G. B McMill[ain?]
Admr of goshua Stamper
Pet [i.e. Petition] to Sell Land
To Feb Term 1867”

“STATE OF NORTH CAROLINA
To the Sheriff of Ashe County, Greeting:
You are hereby Commanded to Summon Joseph Stamper Abraham Stamper Robert Hash & Polly his wife & R. [L.?] Hardin (Guardian at litem for Thomas, Ha[rv?]ey & R[awers?] Stamper, minors) personally to be and appear before the Justices of the Court of Pleas and Quarter Sessions, at the next court to be held for our said county, at the court-house in Jefferson on the 4th Monday in May next; then and there to show cause why the petition of J.B. McMillan adm. of Joshua Stamper dec’d to sell land of intestate shall not be granted
Defendant. And this you shall in nowise omit, under the penalty prescribed by law.
Witness: R. [L?] Hardin Clerk of our said Court, at Office, the 4th Monday in February A. D., 1867.
Issd the 1 day of March 1867 –
[signed] R T Hardin CLERK.
By E C Bartlett D C”

“STATE OF NORTH CAROLINA.
TO THE SHERIFF OF Ashe COUNTY – Greeting:
You are hereby Commanded to Summon John Stamper Polly Taylor Catharine Hashe. personally to be and appear before the Justices of the Court of Pleas and Quarter Sessions, at the next Court to be held for our said county, at the Courthouse in Jefferson on the 4 – Monday in August next; then and there to testify, and the truth to say in behalf of Joseph Stamper in a certain matter of controversy before said court depending and then and there to be tried, wherein J B Mcmill[en?] Plaintiff, and Joseph Stamper Defendant. And this, you shall in no wise omit, under the penalty prescribed by law.
Witness: R T. Hardin Clerk of our said Court, at Office, the 4 Monday in May A. D., 1867
[signed] R.T. Hardin CLERK.”

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