Julius Banzet Attorney for petitioners

Transcription

1 North Carolina, } } Warren County. } In Superior Court Before the Clerk L. P. Hicks, Maggie Hicks, J. W. Hicks, Minnie Hicks, Stella Hicks, Mamie Hockaday, Myrtle W. Newell, B. L. Newell, Robert White, Lucy White, Janet W. Newell, William K. Newell, Maggie Swenson, Lucy Swanson, Eleanor Murphy, George W. Murphy, Annie Jackson R. R. Jackson, Katie Perdue, L. C. Perdue, Mrs. L. C. Perdue, Annie Bell Perdue, C. R. Perdue, Sue Perdue, P. G. Perdue, Ann Perdue, C. H. Perdue, Jr., T. H. Perdue, J. W. Perdue, Lucas P. Perdue, and Mrs. Lucas Perdue. vs Brantley Hicks Jr., Frank Hicks, Dorothy Hicks, Bertha W. Meeder, Amos Meeder, Ernest White, Graham White, Annie Pearl Bailey, Autry Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue, W. J. Perkinson, Sarah Perkinson, Howard G. Perkinson, Martha Perkinson, W. L. Perkinson, Eliza Perkinson, Charlie R. Perkinson, Lillie S. W. Perkinson, Oscar B. Perkinson, Essie Perkinson, Edward C. Perkinson, Mary Perkinson, Grover C. Perkinson, Benjamin L. Perkinson and John Levi Perkinson. The plaintiffs above named beg to show the court: 1. That they, together with the defendants, (except as set forth in Paragraph 2) are seized in fee simple and are in possession of the following described lot or parcel of land in the village of Wise, Hawtree Township, Warren County, North Carolina bounded and described as follows: ^on the North by lands of Oscar B. Perkinson on the East by N.C. State Highway No. 50 (being U.S. Highway No. 1): on the South by the lands of Dunn: on the West by the lands of Mrs. I. L. King, containing six (6) acres, more or less. 2. That the defendants C. R. Perkinson and Lillie S. W. Perkinson his wife have no right, title, interest or estate in the above described parcel of land, the said Lillie S. W. Perkinson having conveyed all of her right, title, interest and estate therein to L. C. Perkinson and Charlie R. Perkinson, son of the said L. C. Perkinson, having been excluded from interest therein by the will of said L. C. Perkinson in the codicil thereto dated November 27, 1922, which will and its codicil is duly recorded in the office of the Clerk of the Superior Court of Warren County, North Carolina, but the said Charlie R. Perkinson and the said Lille S. W. Perkinson claim an interest in the said parcel of land and are made parties defendants hereto for the purpose of giving them a day in court. That the claims of the said Charlie R. Perkinson and Lillie S. W. Perkinson are upon the title of the plaintiffs and other defendants. 3. That the interests of the parties plaintiff and defendant are as follows: L. P. Hicks, 1/6 undivided interest; J. W. Hicks, 1/6 undivided interest; Heirs of T. J. Hicks, 1/6 undivided interest as follows: Heirs of Carrie White, 1/30 undivided interest as follows: Myrtle W. Newell, 1/180 undivided interest, Bertha W. Meeder, 1/180 undivided interest, Robert White, 1/180 undivided interest, Janet W. Newell, 1/180 undivided interest, Ernest White, 1/180 undivided interest, Graham White, 1/180 undivided interest, Heirs of Brantley Hicks, 1/30 undivided interest as follows: Brantley Hicks, Jr., 1/90 undivided interest, Frank Hicks, 1/90 undivided interest, Dorothy Hicks, 1/90 undivided interest, Stella Hicks, 3/69 undivided interest (1/30 plus 1/60 as devisee of Thomas Hicks) Mamie Hockaday 3/16 undivided interest (1/30 Plus 1/16 as devisee of Thomas Hicks) Maggie Swanson, 1/6 undivided interest as sole heir of Fannie Pierce,

2 Heirs of Levi C. Perkinson 1/6 undivided interest as follows: W. J. Perkinson, 1/48 undivided interest, Howard G. Perkinson, 1/48 undivided interest, W. L. Perkinson, 1/48 undivided interest, Oscar B. Perkinson, 1/48 undivided interest, Edward C. Perkinson, 1/48 undivided interest, Grover C. Perkinson, 1/48 undivided interest, Benjamin L. Perkinson, 1/48 undivided interest, John Levi Perkinson, 1/48 undivided interest as devisee of the late Mary F. Perkinson Heirs of Catherine Perdue, 1/6 undivided interest as follows: Eleanor Murphy, 1/42 undivided interest, Annie Jackson, 1/42 undivided interest, Katie Perdue, 1/42 undivided interest, Lonnie C. Perdue, 1/42 undivided interest, J. W. Perdue, 1/42 undivided interest, Lucas P. Perdue, 1/42 undivided interest, Heirs of C. H. Perdue, 1/42 undivided interest, Annie Bell Perdue, dowress C. R. Perdue, 1/378 undivided interest P. C. Perdue, 1/378 undivided interest, C. H. Perdue, Jr., 1/378 undivided interest, T. H. Perdue, 1/378 undivided interest, Annie Pearl Bailey, 1/378 undivided interest, Walter Perdue, 1/378 undivided interest, Norris Perdue, 1/378 undivided interest, Grace Perdue, 1/378 undivided interest, Edith Perdue, 1/378 undivided interest, That the other parties plaintiff and defendant are consorts of those mentioned in this paragraph. 4. That the lands above described being only six acres, obviously could not be actually divided: that Walter L. Perkinson has offered for the same the sum of $400.00; that the same is now used only for agricultural purposes to such tenants as may be had; that the rents therefrom will rarely, if ever, exceed the taxes assessed thereon; that said Walter L. Perkinson desires to purchase this land for the purpose of building thereon a residence, the same being advantageously located for him with respect to other property owned by him; that said offer of $ is more that plaintiffs anticipate will be offered for the lands for sometime to come; that the sale of said premises at that price to said proposed purchaser would be more advantageous to all parties concerned. WHEREFORE, the petitioners prays that the Court appoint some competent person to sell and convey said lands to Walter L. Perkinson for $ cash, and report his proceedings in regard to said sale within ten days thereafter into the office of the Clerk of this Court. This the day of 193. Julius Banzet Attorney for petitioners

3 North Carolina, Halifax County, Stella Hicks, being first duly sworn says: That she is one of the plaintiff petitioners in the above cause; that she has read the foregoing petition, that the allegations therein contained are true of her own knowledge, except as those matters stated on information and belief, and as to those so stated she believes it to be true. Stella Hicks Sworn and subscribed before me this the 4 day of January W. K. Newell Dpy. Clerk Superior Court

4 North Carolina, Warren County, C. W. Fleming, being first duly sworn, says: That he is a resident of Wise, Warren County, North Carolina, and he has been for several years; that he believes that he is acquainted with real estate value in and around said town; that he is not in any way interested in the sale of the lands hereinafter described; and that affiant verily believes that the sum of $ is a good price for the same and that a sale at such price would promote the interest of all parties interested therein. A lot or parcel of land in the village of Wise, Hawtree Township, Warren County, North Carolina, bounded and described as follows: Bounded on the North by the lands of Oscar B. Perkinson, On the East by N. C. State highway No. 50 (being U.S. Highway No. 1); on the South by the lands of Dunn; on the West by the lands of Mrs. I. L. King, containing six (6) acres, more or less. C. W. Fleming Affiant Sworn to and subscribed before me, this the 12th day of March, (N. P. SEAL) G. B. Gregory Notary Public, My commission exp. Mar. 18, 1932.

5 North Carolina Warren County. C. W. Cole, being first duly sworn, says: That he is a resident of Wise, Warren County, North Carolina, and has been for several years; that he believes that he is well acquainted with real estate value in and around said town; that he is not in any way interested in the sale of the lands hereinafter described; and that affiant verily believes that the sum of $ is a good price for the same and that a sale at such price would promote the interest of all parties interested therein; A lot or parcel of land in the village of Wise, Hawtree township, Warren County, North Carolina, bounded and described as follows: Bounded on the North by the lands of Oscar B. Perkinson; on the East by N.C. Highway 50 (being U.S. Highway No. 1); on the South by the lands of Dunn; and on the West by the lands of Mrs. I. L. King, containing six (6) acres, more or less. C. W. Cole Affiant Sworn to and subscribed before me, this the 11 day of March 1931 Laura J. Tarkington, Postmaster STAMP

6 North Carolina, Warren County, In the Superior Court Before the Clerk L. P. Hicks, Maggie Hicks, J. W. Hicks et al. ) Vs ) Answer of Charley R. Perkinson and Brantley Hicks, Frank Hicks, Charlie R. ) Lillie S. W. Perkinson Perkinson, Lillie S. W. Perkinson, et al. ) The defendant above named, answering the petition in the above cause, alleges FIRST. That they, together with all other parties to this cause, are seized in fee simple and are in possession of the land described in paragraph one of the petition. SECOND. That they deny that C. R. Perkinson and wife, Lillie S. W. Perkinson, have no right, title and interest or estate in the land described in Paragraph one of the petition, for that, while by a will of Levi C. Perkinson, of date May 12th, 1910, and by a codicil to said will of date November 27th., 1922, the testator, Levi C. Perkinson, devised or attempted to devise all of his estate, both real and personal, the said testator, by a codicil of date November 28th., 1924, revoked item Three of said will, which item disposed of the land described in paragraph One of the petition, be declaring said item Three null and void and devising same to no one, thus constituting or creating at the time the said will and codicils were admitted to probate undevised property or a new and undevised estate, by virtue of such revocation, created since the execution of the codicil of November 27th., 1922, and as such defendant, Charley R. Perkinson, who is one of the sons of Levi C. Perkinson, claims an interest in the one/sixth interest of Levi C. Perkinson in the land described in paragraph One of the Petition. THIRD. Answering paragraph Three of the petition these defendants allege that Charley R. Perkinson is entitled to share and share equally with the other heirs of Levi C. Perkinson in the land described in paragraph One of the petition. Fourth. It is admitted by these defendants that it would be impractical to divide the land described in paragraph One of the petition, but these defendants deny that the sum of $ offered by W. L. Perkinson is a fair market price for said land but is under a fair market price, and these defendants further deny that the sale of said land at the price of $ would be advantageous to all parties concerned. WHEREFORE, these defendants pray the court that an order be entered declaring that Charley R. Perkinson is entitled to an equal share in said land along with the other heirs of Levi C. Perkinson; that this court do not make an order appointing a commissioner to sell the said land for the sum of $400.00, and for such other and further relief as these defendants may be entitled to in the premises. Kerr & Kerr Attorneys for C. R. Perkinson and Lillie S. W. Perkinson

7 North Carolina, Warren County, Charlie R. Perkinson, one of the defendants who filed an answer in the above cause, first being duly sworn, says that he has read the foregoing answer; that the allegations therein contained are true of his own knowledge except as to those matters stated therein on information and belief, and as to those matters so stated he believes it to be true. Charlie R. Perkinson Sworn to and subscribed before me this the 10th day of January 1931 FILED W. K. Newell, Dpy. Clerk Superior Court

8 North Carolina, Warren County, In the Superior Court Before the Clerk L. P. Hicks et al. ) Vs ) Application for guardian ad litem Brantley Hicks, Jr., et al. ) To the Clerk of the Superior Court of Warren County: William K. Newell, one of the plaintiffs in the above entitled proceedings, respectfully showeth to the Court: That Brantley Hicks, Jr., Frank Hicks, Dorothy Hicks, Ernest White, Graham White, Annie Pearl Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue, and John Levi Perkinson are defendants in the above styled proceeding for the sale of real estate and are without general or testamentary guardian in the state of North Carolina, and that said minors have been duly served with summons in said proceeding. Wherefore, the said plaintiff hereby makes application to the said Court to appoint some suitable person to act as guardian ad litem for the said minors and to represent their interest in said proceedings. W. K. Newell One of the Plaintiffs Sworn to and subscribed before me this the 25th day of March, 1931 John D. Newell Clerk Superior Court ORDER APPOINTING GUARDIAN AD LITEM It appearing from the sworn complaint and application in this proceeding that Brantley Hicks, Jr., Frank Hicks, Dorothy Hicks, Ernest White, Graham White, Annie Pearl Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue, and John Levi Perkinson, infant defendants, are without general or testamentary guardians and that said infant defendants have been duly served with summons in this proceeding; and that T. O. Rodwell, their next friend, who is found by the court, after due inquiry as to his fitness, to be a suitable competent and discreet person, having come into court and signified his willingness to represent said minors: It is, therefore, on motion of plaintiff, ordered, that T. O. Rodwell be, and he is hereby, appointed guardian ad litem of the said infant defendants Brantley Hicks, Jr., Frank Hicks, Dorothy Hicks, Ernest White, Graham White, Annie Pearl Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue, and John Levi Perkinson in this proceeding, and he is authorized and directed to appear and defend the same on their behalf as such guardian. This March 2nd John D. Newell Clerk Superior Court

9 North Carolina Warren County In the Superior Court Before the Clerk L. P. Hicks et al. ) ) vs ) Brantley Hicks, Jr. Et al. ) Answer guardian ad litem T. O. Rodwell, the duly appointed guardian ad litem for Brantley Hicks, Jr., Frank Hicks, Dorothy Hicks, Ernest White, Graham White, Annie Pearl Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue, and John Levi Perkinson, infant defendants, answering the petition on the foregoing proceedings, says: 1. That the allegations set forth in section 1 of the complaint is true and not denied. 2. That your guardian is not sufficiently informed as to the allegation set forth in section 2 of the petition, and requires proof of same. 3. That the allegations set forth in section 3 is not denied. 4. That the allegation set forth in section 4 of the petition is not denied. T. O. Rodwell Guardian North Carolina Warren County. T. O. Rodwell, being first duly sworn, says: That the foregoing answer- is true of his own knowledge, except as to those matters stated on information and belief, and as to those matters so stated, he believes it to be true. T. O. Rodwell Sworn to and subscribed before me this the 7 day of March, 1931 (N.P. SEAL) J. B. Danieley Notary Public My commission expires August 31, 1931

10 North Carolina, Warren County, In the Superior Court Before the Clerk L. P. Hicks et al. ) ) vs ) JUDGMENT ) Brantley Hicks, Jr., et al. ) This cause coming on to be heard before the undersigned Clerk of Superior Court, and it appearing to the Court that the defendants sui juris have all been served with summons in this special proceeding and a copy of such summons and of the petition duly left with such defendants, or duly accepted service of summons, acknowledged receipt of copies of summons and complaint and waiving all other service, and that copy of complaint and summons has been duly served on the infants Brantley Hicks, Jr., Frank Hicks, Dorothy Hicks, Ernest White, Graham White, Annie Pearl Bailey, Walter Perdue, Grace Perdue, Edith Perdue, and John Levi Perkinson: that T. O. Rodwell was duly appointed guardian ad litem for said minors and filed verified answer, admitting the material allegations of the complaint; that not other answers or demurrers have been filed nor have any of the defendants asked for extension of time within which to answer or demur, except that answer was duly filed by the defendants Charlie R. Perkinson and Lille S. W. Perkinson, who now consent to the signing of this judgment; and it appearing that all the defendants are properly before the court; And it appearing to the Court that the plaintiffs and defendants are seized in fee simple and are possessed of the following described lot or parcel of land in or near the village of Wise, Hawtree Township, Warren County, North Carolina: Bounded on the North by the lands of Oscar B. Perkinson; on the East by N.C. Highway No. 50 (being U.S. Highway No. 1); on the South by the lands of Dunn; and on the West by the lands of Mrs. I. L. King, containing six (6) acres, more or less; That the interest of the parties plaintiff and defendant, except such as are in controversy, are as follows: L. P. Hicks, 1/6 undivided interest J. W. Hicks, 1/6 undivided interest Heirs of T. J. Hicks, 1/6 undivided interest as follows- Heirs of Carrie White, 1/30 undivided interest as follows: Myrtle W. Newell, 1/180 undivided interest, Bertha W. Meeder, 1/180 undivided interest, Robert White, 1/180 undivided interest, Janet W. Newell, 1/180 undivided interest, Ernest White, 1/180 undivided interest, Graham White, 1/180 undivided interest, Heirs of Brantley Hicks, 1/30 undivided interest as follows: Brantley Hicks, Jr., 1/90 undivided interest, Frank Hicks, 1/90 undivided interest, Dorothy Hicks, 1/90 undivided interest, Stella Hicks, 3/60 undivided interest (1/30 plus 1/60 as devisee of Thomas Hicks, Mamie Hockaday, 3/60 undivided interest (1/30 plus 1/60 as devisee of Thomas Hicks; Maggie Swanson, 1/6 undivided interest as sole heir of Fannie Pearce; Heirs of Catherine Perdue, 1/6 undivided interest as follows: Eleanor Murphy, 1/42 undivided interest, Annie Jackson, 1/42 undivided interest, Katie Perdue, 1/42 undivided interest, Lonnie C. Perdue, 1/42 undivided interest, J. W. Perdue, 1/42 undivided interest, Lucas P. Perdue, 1/42 undivided interest, Heirs of C. H. Perdue, 1/42 undivided interest as follows: Annie Bell Perdue, dowress C. R. Perdue, 1/378 undivided interest

11 P. C. Perdue, 1/378 undivided interest, C. H. Perdue, 1/378 undivided interest, T. H. Perdue, 1/378 undivided interest, Annie Pearl Bailey, 1/378 undivided interest, Walter Perdue, 1/378 undivided interest, Norris Perdue, 1/378 undivided interest, Grace Perdue, 1/378 undivided interest Edith Perdue, 1/378 undivided interest Heirs or devisees of Levi C. Perkinson, 1/6 undivided interest, to be divided into eight or nine parts, according to the proper construction of the last will and testament of said Levi C. Perkinson, as follows: W. J. Perkinson, 1/48 or 1/54 undivided interest, Howard G. Perkinson, 1/48 or 1/54 undivided interest, W. L. Perkinson, 1/48 or 1/54 undivided interest, Oscar B. Perkinson, 1/48 or 1/54 undivided interest, Edward C. Perkinson, 1/48 or 1/54 undivided interest, Grover C. Perkinson, 1/48 or 1/54 undivided interest, Benjamin L. Perkinson, 1/48 or 1/54 undivided interest, John Levi Perkinson, 1/48 or 1/54 undivided interest as devisee of the late Mary F. Perkinson Charley R. Perkinson 1/54 undiv. interest or nothing; That this judgment is signed by the consent of attorney for plaintiff and attorneys for defendants Charley R. Perkinson and Lillie S. W. Perkinson with the understanding that the one-sixth portion of the proceeds of the land herein ordered sold which is the property of the proper heirs of devisees of Levi C. Perkinson shall be paid by the Commissioner into the office of the Clerk of Superior Court for distribution by his to the proper heirs or devisees only after adjudication by the judge of Superior Court upon a construction of the will of said Levi C. Perkinson; That the lands above described could not be actually divided; that Walter L. Perkinson has offered for the same the sum of $400.00; that the same is now used only for agricultural purposes to such tenants as may be had; that the rents will rarely, if ever, exceed the taxes assessed thereon; that the said Walter L. Perkinson desires to purchase this land for the purpose of building thereon a residence the same being advantageously located for him with respect to the other property owned by him; that the said offer of $ is more than will be offered for the land for sometime to come; that a sale of the premises at the price of $ to the said proposed purchaser would be advantageous to all parties concerned; And it further appearing from the verified petition and affidavits of C. W. Fleming and C. W. Cole, disinterested residents of Wise, and from other evidenced before the court, that the said sum of $ is a fair price for the said lands and that a sale thereof at such price would promote the interests of all parties concerned. IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED that Julius Banzet, be, and he is hereby, appointed a Commissioner to this Court to convey the above described premises to said Walter L. Perkinson, upon payment of said price of $400.00, by good and sufficient deed, and report his proceeding in the premises within ten days after such sale into the office of the Clerk of Superior Court. This cause is retained for further orders. This 23rd day of March, John D. Newell Clerk Superior Court Consent: Julius Banzet, Atty for plff. John Kerr, Jr. Attorney for C. R. & Lillie S. Perkinson

12 North Carolina, Warren County, In the Superior Court Before the Clerk L. P. Hicks et al. ) vs ) REPORT OF COMMISSIONER Brantley Hicks Jr., et al. ) The undersigned Commissioner begs leave to report that pursuant to Judgment signed in this cause on the 23rd day of March, 1931, he has sold the premises described in the judgment to Walter L. Perkinson for the sum of Four Hundred Dollars and costs of this proceeding; that said Walter L. Perkinson now stands ready to pay this sum to me upon delivery to him of a proper deed conveying title. I, therefore, recommend that my sale be confirmed and that I be authorized to execute and deliver deed upon payment of purchase price and costs. This March 28, Julius Banzet C O M M I S S I O N E R

13 North Carolina, Warren County. In the Superior Court Before the Clerk L. P. Hicks et al. ) vs ) ORDER CONFIRMING SALE Brantley Hicks, Jr. et al. ) This matter coming on to be heard on the Report of the Commissioner filed in this cause on March 28th, 1931, and it appearing to the court that pursuant to judgment signed on 23 March, 1931, the said commissioner has sold the premises described in the said judgment to Walter L. Perkinson for the price of Four Hundred Dollars ($400.00); that the purchaser stands ready to pay the said price upon the delivery to him of good and sufficient deed conveying title; and that the sale ought to be confirmed; It is, therefore, considered, ordered, adjudged, and decreed that Julius Banzet, Commissioner, do execute and deliver to said Walter L. Perkinson a good and sufficient deed upon the payment of the said sum of $ and the costs thereof. This, Monday, March 30th, 1931 John D. Newell Clerk Superior Court Warren County The foregoing Orders, Judgment, and Proceedings are hereby in all respects approved. This April 24, G. E. Midyette Resident Judge Third District

14 L.P. Hicks et al. ) Warren County in the Superior against ) Court Brantley Hicks Jr., et al Dorothy Hicks, ) SUMMONS The state of North Carolina To the Sheriff of Guilford County, Greeting; You are commanded to summons Dorothy Hicks the defendant above named, if she be found within your County, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been filed in the office of said Clerk of the Superior Court for said County. And let her take notice that if she fails to answer said complaint within the time above specified the plaintiff will apply to the Court for the relief demanded in the complain. Herein fail not and of this summons make due return. Given under my hand and seal of said Court, this 4 day of March 1931 W. K. Newell Dpy. Clerk Superior Court for Warren County. Returnable tie 14 day of March into the office of the Clerk of the Superior Court for Warren County. Served March 12th 1931 be delivering a copy of the within summons to each of the following defendants: Dorothy Hicks. D. B. Stafford Sheriff of Guilford County by E. E. Ballinger, D.S.

15 L. P. Hicks et al. ) Warren County. In the Superior Court vs ) SUMMONS Brantley Hicks et al. ) The State of North Carolina. To the Sheriff of Warren County-Greeting: You are commanded to summon Ernest White, Graham White, W. J. Perkinson, Sarah Perkinson, W. L. Perkinson, Eliza Perkinson, Charley R. Perkinson, Lillie S. W. Perkinson, Oscar B. Perkinson, Essie Perkinson, Edward C. Perkinson, Mary Perkinson, Grover C. Perkinson, Benjamin L. Perkinson and John Levi Perkinson the defendants above named, if they be found within your County, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been deposited in the office of the said Clerk of the Superior Court of said County. And let them take notice that if they fail to answer said complaint within the time above specified, the plaintiff will apply to the court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand this 4 day of January 1931 W. K. Newell Dpty Clerk Superior Court Warren County Returnable into the office of the Clerk of the Superior Court for County Received Jan Served Jan 7th 1931 by delivering a copy of the within summons to each of the following defendants: John Levi Perkinson, Ernest White, Graham White, W. J. Perkinson, Charlie R. Perkinson, Lillie S. W. Perkinson, Sarah Perkinson, Oscar B. Perkinson, Essie Perkinson, Edward C. Perkinson and Mary Perkinson. W. J. Pinnell Sheriff of Warren County We accept service of the within summons and acknowledge receipt of copy of same and of the petition, and hereby waive further notice. W. L. Perkinson, Eliza Perkinson, Grover C. Perkinson, Benjamin L. Perkinson.

16 L. P. Hicks et al. ) Warren County, In the Superior Court vs ) SUMMONS Brantley Hicks, Jr. et al. ) The State of North Carolina To the Sheriff of Halifax County, Greeting; You are commanded to summons Howard G. Perkinson and Martha Perkinson the defendants above named, if they be found within your county, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been filed in the office of the said Clerk of the Superior Court of said County. And let them take notice that if they fail to answer said complaint within the time above specified, the plaintiff will apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said Court, this 4 day of March W. K. Newell SEAL Dpty. Clerk Superior Court Warren County We accept service of the within summons and acknowledge receipt of copy and of petition. H. G. Perkinson, Martha Perkinson

17 L. P. Hicks et al. ) Warren County, In the Superior Court vs ) SUMMONS Brantley Hicks, Jr. et al. ) The State of North Carolina To the Sheriff of Pasquotank County, Greeting: You are commanded to summon Frank Hicks the defendant above named if he be found within your county, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been filed in the office of the said Clerk of the Superior Court for said County. And let them take notice that if they fail to answer the said complaint within the time above specified, the plaintiff will apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said office this 1st day of January 1931 W.K. Newell SEAL Dpty. Clerk Superior Court Warren County Returnable the 12th day of January 1931 into the office of the Clerk of the Superior Court for Warren County. Unable to locate in my County. Chas. Carmine Sheriff Pasquotank County

18 L. P. Hicks et al. ) Warren County in the Superior Court vs ) SUMMONS Brantley Hicks, Jr. et al. ) The State of North Carolina To the Sheriff of Augusta County Virginia. You are commanded to summon Frank Hicks the defendant above named, if eh be found within your county, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton within ten (10) days after the day of service hereof, and answer the complaint of petition, copies of which have been filed in the office of the said Clerk of the Superior Court of said County. And let them take notice that if he fails to answer said complaint within the time above specified the plaintiff will apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said Court this 6th day of February, W. K. Newell SEAL Dpy. Clerk Superior Court Warren County State of Virginia. County of Augusta, I, Harry Burnett clerk of the circuit court of Augusta County, in the State of Virginia which court is a court of record, having a seal, which is hereto attached, do hereby certify that Walter B. Wilson to me well known as the sheriff of said county, who being by me duly sworn, says that as such sheriff he has full power to serve any and all legal processes issuing from the courts of said state, and that on the 13 day of February 1931 he served the summons hereto attached by reading and delivering a copy of same and delivering a copy of same and of the petition attached thereto to Frank Hicks the defendant therein named. Walter B. Wilson Sheriff Augusta County Sworn to and subscribed before me, this the 13th day of February, SEAL. Harry Burnett Clerk of Circuit Court, County of Augusta Va.

19 L. P. Hicks et al. ) Warren County in the Superior Court vs ) SUMMONS Brantley Hicks Jr. et al. ) The State of North Carolina To the Sheriff of New York County, Greeting; You are commanded to summon Brantley Hicks, Jr., (125 W 88th St.) the defendant above named, if he be found within your county, to appear before the Clerk of the Superior Court for the County of Warren at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been filed in the office of the said Clerk of the Superior Court of said County. And let them take notice that if he fails to answer the complaint within the time above specified the plaintiff will apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said office this 6th day of February 1931 W. K. Newell Dpy. Clerk Superior Court Warren County State of New York. County of New York, I, Daniel Finn, Clerk of the Supreme Court of New York County, in the state of New York, which court is a court of record, having a seal which is hereto attached, do hereby certify that Samuel Robinson to me well known as a special deputy sheriff of said county, who being by me duly sworn, says that as such special deputy sheriff he has full power to serve any and all legal processes issuing from the courts of said state, and that on the 10th day of February, 1931 he served the summons hereto attached by reading and delivering a copy of same and delivering a copy of same and of the petition attached thereto to Brantley Hicks, Jr., the defendant therein named. Samuel Robinson Special deputy Sheriff, New York County Sworn to and subscribed before me, this 2 day of March, 1931 Daniel E. Finn Clerk of Supreme Court, County of New York

20 L. P Hicks et al. ) Warren County in the Superior Court vs ) SUMMONS Brantley Hicks Jr. et al. ) The state of North Carolina. To the Sheriff of Warren County. You are commanded to summons Bertha W. Meeder and Amos Meeder the defendants above named, if they be found within your county, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been filed in the office of the Clerk of the Superior Court of said County. And let them take notice that if they fail to answer said complaint within the time above specified, the plaintiff will apply to the Court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand this 7th day of February W. K. Newell Dpy. Clerk Superior Court, Warren County We hereby accept service of the within summons and acknowledge receipt of same and of the petition, and hereby waive further notice. This Feb. 9, 1931 Bertha W. Meeder Amos A. Meeder

21 L. P. Hicks et al. ) Warren County in the Superior against ) Court Brantley Hicks, Jr., Annie Pearl Bailey, ) SUMMONS Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue & Thurman Perdue ) To the Sheriff of Franklin County, Greeting. You are commanded to summon Annie Pearl Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue and Thurman Perdue the defendants above named, if they be found within your county, to appear before the Clerk of the Superior Court for the County of Warren, at his office in Warrenton, within ten (10) days after the day of service hereof, and answer the complaint, or petition, copies of which have been filed in the office of the said Clerk of the Superior Court of said County. And let them take notice that if they fail to answer the complaint within the time above specified the plaintiff will apply to the court for the relief demanded in the complaint. Herein fail not and of this summons make due return. Given under my hand and seal of said Court this the 6th day of February 1931 W. K. Newell SEAL Dpy Clerk Superior Court Warren County Returnable into the office of the Clerk of the Superior Court for the County of Warren. Received February 7th 1931; Served February 9th 1931 by delivering a copy of the within summons to each of the following defendants. Annie Pearl Bailey, Walter Perdue, Norris Perdue, Grace Perdue, Edith Perdue, Thurman Perdue. F. W. Justice Sheriff of Franklin County

22 COMMISSIONER S ACCOUNT Receipts Walter L. Perkinson $ Disbursements 1930 taxes L. P. Hicks 1/6 int J. W. Hicks Maggie Swanson Myrtle W. Newell 1/80 int Bertha Meeder Robert White Janet Wn. Newell C.S.C. for Ernest White 1/180 int Graham White Brantley Hicks, Jr., 1/ Frank Hicks Dorothy Hicks Stella Hicks- 3/ Mamie Hockaday C.S.C. for heirs of Levi C. Perkinson Eleanor Murphy / Annie Jackson 1/ Katie Perdue Lonnie C. Perdue J. W. Perdue Lucas P. Perdue Annie Bell Perdue C. R. Perdue P. C. Perdue C. H. Perdue T. H. Perdue Clerk Sup. Ct. for Annie Pearl Bailey Walter Perdue Norris Perdue Grace Perdue Edith Perdue Cost etc. paid by Walter L. Perkinson by agreement: Summons of Frank Hicks Brantley Hicks Sheriff of Franklin Co. various summons Guilford County summons on Dorothy Hicks Warren County various summons T. O. Rodwell, Guardian ad litem C.S.C Julius Banzet, Atty $ Julius Banzet Commissioner The above account is now audited and found supported by vouchers, is accepted and ordered filed. This May 7, 1931 W. K. Newell Dpy. Clerk Superior Court