Estate of John Harrison Lowdermilk

Date: 1850 [unknown]
Location: Randolph, North Carolina, United States
Surnames/tags: Lowdermilk Smitherman Latham

LOWDERMILK PETITION

North Carolina Court of Pleas and Quarters Sessions

Randolph County November Term 1850

“To the County court of Said County"

William LOWDERMILK, Administrator of John LOWDERMILK, deceased

Against Jacob Stutts and wife HANNAH, John LOWDERMILK Jr. and Alfred LOWDERMILK, infants who defend by their guardian; Jacob LOWDERMILK, Stephen LOWDERMILK, William LOWDERMILK, Raleigh LATHAM and wife Mary, John, Thomas, Rachel, Patsy Ann and Noah SMITHERMAN and the other heirs at law of Sarah SMITHERMAN, dec'd., Elliott LOWDERMILK and Auslet GEWING and the other heirs at law of Patsy GEWING, dec'd., and Henry CRAVEN and wife JANE.

Your Petitioner represents to your worships that the administration was granted by this court to him at Nov. Term 1848 on the estate of John LOWDERMILK, dec'd., and that he is now desirous to close said estate and pay over to the next of kin the share of Said estate to which they are entitled. He states that about three thousand dollars have come to his hands and he has paid out for the debts of the intestate and costs of administering a considerable sum for which he holds vouchers which he is ready to exhibit.

1. The defendant, Jane, now the wife of Henry CRAVEN was the widow of the intestate and he left the following children who are entitled to distribution to wit.
2. HANNAH, wife of Jacob STUBBS (Spelling) of Moore County
3. John LOWDERMILK Jr., (Minors from whom your Petitioner is Guardian)
4. Alfred LOWDERMILK
5. Jacob LOWDERMILK
6. Stephen A. LOWDERMILK
7. Children of Elizabeth SMITHERMAN
   1. William Smitherman
   2. Mary, wife of Raleigh Latham
   3. Thomas Smitherman
   4. Rachel Smitherman
   5. Patsy Smitherman
   6. Ann Smitherman
   7. Noah Smitherman
   8. and others whose names are unknown to your Petitioner.
8. Children of Mary WARD, dec'd.
   1. Gilbert WARD
   2. Westwood WARD
9. Children of Sarah SMITHERMAN (Samuel)
   1. Wyatt SMITHERMAN
   2. And the other children of Sarah who intermarried with Samuel SMITHERMAN and died before the intestate the names and numbers of her other children unknown to your Petitioner.
10. Elliott LOWDERMILK
11. Children of Patsy GEWING
    1. Auslet GEWING
    2. And the other children of Patsy who married Alfred GEWING and died before the intestate leaving several other children whose names and number are unknown to your Petitioner.
12. and your Petitioner

He prays that when the names of the next of kin whose names are now unknown shall be ascertained that they be inserted in this petition. Your petitioner shows that all the defendents live beyond the limits of this State except Stutts and wife, Craven and Wife and the two minor defendents for whom your Petitioner is regular guardian appointed by the court.

Your Petitioner states that the intestate made advancements to all of his children in his life time excepting the two minors but what was the amount of such advancement he does not know. Your Petitioner prays that a copy of this petition issue and be served on STUTTS & wife and CRAVEN & wife together with the states writ of Subpoena and that publication be made for six weeks in Some newspaper as to the now tridents defendents requiring them at the next term of this Court then and there to plead answer or demur to this petition -- and he prays that they be required to file an oath on account of the advancements made to them or their deceased heirs respectively. And that it be referred to the Clerk of this Court to take an account of said Administrations and report the amount to which each of the parties is entitled and he prays for and he as in duty bound will ever pray etc.

D.J. Worth, Attorney for Petitioner Vo. IV. #5 Fall 1980 The Genealogical Journal of the Randolph Co. Historical Society.

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[[Space:Estate_of_John_Harrison_Lowdermilk|Estate of John Harrison Lowdermilk.]] The Genealogical Journal of the Randolph Co. Historical Society, Vol. IV. #5. North Carolina Court of Pleas and Quarter Sessions. Randolph County November Term 1850.

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