Probate, NC, Union, THOMAS JOINER 1852 W. H. SIMPSON, administrator of JOHN FOARD, deceased vs. E. C. STEWART & C. Q. LEMMOND, executors of SILAS P. STEWART, deceased ELI STEWART, executor of H. STEWART, deceased SILAS P. STEWART, administrator of THOMAS JOINER, deceased. Two thirds of the neat estate of THOMAS JOINER as made out by committee of court, June 29, 1847, just for 5 years & 6 months. JOHN FOARD, who had been summoned to produce an assignment, SARAH SAUNDERS had made to BRITTON JOINER of her interest in THOMAS JOINER estate appeared and produced the same which is filed. W. T. LEMMOND who after being duly sworn deposeth & saith that he wrote the assignment and saw SARAH SAUNDERS sign, seal and deliver the same to BRITTON JOINER. Q: Was SARAH SAUNDERS reputed to be the child of THOMAS JOINER A: She was, or I always understood so. Q: How many children had THOMAS JOINER A: Three. SARAH, BRITTON, & JESSE Q. By Deft. Was THOMAS JOINER dad when she made the assignment? A. He was. And further he saith not. Page 1 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 This suit, having been referred to the undersigned by an order of the county court at the last term to take an account and report. After duly notifying the parties I proceeded on the first day of January, 1853, to take said account and report as follows: I find that there was a settlement made of the estate of THOMAS JOINER, deceased, by a committee of court on the 29th June, 1847. The amount of the estate then, was $91.25. The amount of vouchers & commissions was $6.78. Balance to the heirs was $64.47. When the parties met before me they agreed to be governed by said settlement. The plaintiff claims two shares of the estate of THOMAS JOINER, deceased, which would be $46.98 & interest for 5 years + 6 months is $14.18, making $57.16. The defendant objected to the assignment made by SARAH SAUNDERS to BRITTON JOINER, which is filed marked A. The defendant offered two receipts as advancements, one of which is in the following words & c. April 14, 1844, Received of John Flow seven dollars for THOMAS JOINER by me. BRITTON JOINER Which the plaintiff objected to, and was ruled out by the undersigned. I find due to the plaintiff, W. H. SIMPSON, administrator of BRITTON JOINER, deceased, the sum of $57.16. Respectfully submitted, J. M. STEWART Page 2 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 W. H. SIMPSON, administrator vs E. C. STEWART & C. Q. LEMMOND, executors of S. P. STEWART, deceased Report $5 Allowed Page 3 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 State of North Carolina To the sheriff of Mecklenburg County greeting You are hereby command to summon JOHN FOARD “du astecaim” to produce before me and assignment from Sarah Sanders to BRITTON JOINER carrying all her interest in THOMAS JOINER estate personally to be and appear before the clerk of court of pleas and quarter sessions at the courthouse in Monroe on the first day in January next then and there to testify and the truth to say in behalf of W. H. SIMPSON administrator and a certain matter of controversy before the said Court depending and then and there to be tried where in W. H. SIMPSON administrator is plaintiff and E. C. STEWART and C. Q. LEMMOND are defendant and this you shall in no wise omit under the penalty prescribed by law. Witness J. M. STEWART Clerk of our said court at office the first Monday in October and in the 77th year of American independence 1852 J. M. STEWART Clerk Page 4 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 W. H. SIMPSON, administrator vs E. C. STEWART C. Q. LEMMOND, executors of S. P. STEWART, deceased and others Sub for Plaintiff JOHN FOARD to 1 January 1853 before the clerk Executed on the 31 of December 1852 for ALEXANDER, Shff by Z. MORRIS, DS Page 5 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 State of North Carolina The sheriff of Union County greeting You are hereby commanded to take the body of S. P. STEWART and summons ELI STEWART executor of H. STEWART deceased if to be found in your county, and then safely keep, so that you have them before the justices are County Court of pleas and quarter sessions, at the next court to be held for the county of Union at the courthouse in Monroe on the first Monday in April next, then and there to answer the state of North Carolina upon the relation of W. H. SIMPSON two of BRITTON JOINER deceased of a plea that they Render unto him the sum of $400 which they owe and justly detain to his damaged $200. Herein fail not and have you been in there this writ. Witness J. M. STEWART Clerk of our said court, at office the 10th first Monday in January and in the 76 the year of our independence A. D. 1852 Issued the 20th day of January 1852 J. M. STEWART Clerk Page 6 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 State of North Carolina on the relation of W. H. SIMPSON Executor of B. JOINER deceased vs S. P. STEWART administrator THOMAS JOINER deceased ELI STEWART executor H. STEWART deceased WRIT debt April term 1852 Executed and bond filed D. RUSHING Sheriff AUSTIN, DS Page 7 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 State of North Carolina The sheriff of Union County greeting You are hereby commanded to summon W. T. LEMMOND personally to be in appear before the clerk of our County Court of pleas and quarter sessions at the courthouse in Monroe on the 29th of June instant then there to testify, and the truth to say, in behalf of plaintiff in a certain matter of controversy before the said Court depending, and then in there to be tried, where in wh Simpson is plaintiff and S. P. Stewart and others is defendant. And this you shall in no wise omit, under the penalty prescribed by law. Witness J. M. STEWART Clerk of our said court at office the first Monday in April in the 76 the year of American independence A. D. 1852 J. M. STEWART Clerk duplicate Page 8 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 W. H. SIMPSON administrator vs E. C. STEWART C. Q. LEMMOND executor ELI STEWART executor H. STEWART deceased Mr. E. C. STEWART and C. Q. LEMMOND you will please to take notice that I shall proceed at the courthouse in Monroe on the first day of January 1853 to take account in the above case when and where you are notified to attend if you see proper this 21st of December 1852 J. M. STEWART Page 9 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 W. H. SIMPSON administrator vs E. C. STEWART executor and others Notice to 1st of January 1853 Executed by leaving a copy of this notice at the residence of E. C. STEWART the 22nd day of December 1852 D. RUSHING Sheriff Page 10 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 W. H. SIMPSON vs S. P. STEWART et al Mr. W. H. SIMPSON, Sir, please to take notice that I shall proceed to take the account in this case on the 29 instant in the clerk's office in Monroe when and where you are notified to attend this 22nd of January 1852. J. M. STEWART Clerk Page 11 of 12 ** PAGE BREAK ** Probate, NC, Union, THOMAS JOINER 1852 ###### # # ##### ####### # # ##### ####### # # # # ## ## # # # ## # # # # # ## ## # # # # # # # # # # # # # # # # # # ###### # # # # #### ##### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## ### # # # # # # ###### # # ##### ####### # # ### ##### ####### # # Transcribed from original documents by Brent R. Brian & Martha M. Brian. This document and others can be found on our website: BMGEN We claim COPYLEFT on the documents that we publish that are our original work. COPYLEFT “rules” can be reviewed on the web site: GNU Free Documentation License In short, use what you like. But if you use our stuff, mention us as the source. Brent R. Brian Martha M. Brian BrianMitchellGenealogy@gmail.com Page 12 of 12 ** PAGE BREAK **