It doesn't list their names.
Here is my typed copy:
Burke Co. in the Superior court
Alphens McGimpsey, Jos Hunter and wife, America Julia Baker and Josiah Baker her husband, Alley R English, Sidney Beck and wife Nancy, Eliza Gragg, Thos Alexander and wife Harriett, T.C. McGimpsey, F.R McGimsey, C.A. McGimsey, W.W. McGimsey, Jos McGimsey, John Flemming and wife Rachel, Susan McGimsey, Loretta McGimsey, Joanna McGimsey, John Davis and wife Alley, David Kincaid and wife Elizabeth, Harriet E. Holligield, Willaim Wakefield, Elizabeth Chandler and Chas B. Parkes administrator of John Wakefield decd.
James A. Wakefield, Rebecca Sherril, Alexander Brown and wife Mary, J.N. Conley, Nancy A. Bowman, Alley E. Smith, W.W. Conley, Alman A. Martin, A.W. Brown, Elizabeth Prichit, Sarah A. Hunter, Rebecca Crow, Cynthia Peoples, Joseph A. Brown, Julia A. Longmire heirs of Caldwell Brown, John W. Baker, Jimmy L. Baker, Mary D. Baker, Martha E. Baker, Alley L. Baker, and Laura A BakerDefendants
The state of NC to the sheriff of Burke County Greeting
You are hereby commanded to summons James A. Wakefield….etc. above named if they be found within your county to appear at the office of the clerk of the Superior Court for the county of Burke within 20 days after the service of this summons on then(?) exclusive of the day of such service and answer the complaint a copy of which will be deposited in the office of the clerk of the Superior court for said county within ten days from the date of this summons and let them take notice that if they fail to answer the said complaint within that time the plaintiffs will apply to the court for the relief demanded in the complaint.
Hereof fail not and of this summons make due return.Given under my hand and seal of said court this 11th day of Oct. 1877.DC PearsonsClerk Superior court Burke Co.
No defendants found in the county Oct 11, 1877.Jos Brittain Sheriff
State of NC Burke Co.
Alpheus McGimpsey and others against James A. Wakefield and others
This cause having been referred to me to ascertain and report
1st What amount of the purchase money arising from the sale of the land described in the petition will be needed by the administrator, Charles Parke, to make assets to pay the balance of the indebtedness of the intestate and the costs of administration, after exhausting the whole fund realized from the personal estate
2nd Who are the heirs at law of John Wakefield deceased, entitled to receive the fund arising from the sale of his real estate in this proceeding and whether they take Per Stirpes(?) or Per Capita and to classify said heirs at law and report the names of each class and the proportion to be paid to each and how the said fund is to be paid out by this court; I have the honor to submit in response to so much of said (?) as requires, that I should ascertain the names of the heirs at law of John Wakefield, entitled to the fund and classify the names and the following as the facts viz
1st That none of the tracts of land described in the petition were transmitted to said John Wakefield by descent from an ancestor nor was any one of said tracts of land derived by gift, devise or settlement from an ancestor; (?) all of said land was acquired by said John Wakefield by purchase from persons other than his ancestors of either the paternal or maternal line.
2nd That Alexander Wakefield, the father of said John Wakefield married Alley Moore, and that the issue of said marriage were besides the said John Wakefield
1. His daughter Rebecca, who intermarried with--- Sherrill and is still living and in Putnam Co., Indiana.
2. A daughter Harriet, who intermarried with William Conley and died leaving her surviving her children and only heirs at law, (1) J.N. Conley her son (of Indiana), (2) Nancy A. Bowman her daughter )wife ofBowman of Indiana) (3) Alley E. Smith (wifeSmith of Wisconsin), (4) M. M. Conley (her grandson and only child of her deceased son John Conley, (5) Alma Martin (her granddaughter and only child of her deceased daughterMartin).
3. A daughter Elizabeth (who intermarried with--- Brown, now dead) and who died, leaving her surviving her only heirs at law, (1) A.M. Brown, her son, (2) Sarah A. Halen (her daughter wife of – Halen), (3) Rebecca Crow (her daughter wife of – Crow), (4) Cynthia Peoples her daughter (wife – Peoples, (5) Joseph A. Brown her son, (6) Elizabeth Pritchard of Tennessee, her daughter (who has died since the sale of the land in this proceeding and left her surviving several children and heirs at law, whose names have not been ascertained except that of Jeter Pritchard of Bakersville, NC (7) Julia Longmire her daughter (of the state of Kansas wife of – Longmire, (8) four children of her deceased son Caldwell Brown, who resides in the state of Kansas but whose names could not be ascertained.
4. A son William Wakefield, who has been dead for many years and whose heirs at law are (1) Eliza Gragg his daughter (wife of – Gragg), (2) Mary Brown his daughter (wife of Alexander Brown, (3) Harriet Alexander his daughter (wife of Thomas Alexander), (4) Alley English his daughter (widow of James English), (5) William Wakefield, (6) Nancy Beck, his daughter (wife Sidney Beck, (7) Alexander Wakefield, (8) Elizabeth Chandler, his daughter (widow of Alonso Chandler).
The said Alexander Wakefield died, leaving him surviving his only heirs at law the intestate John Wakefield, the four other children above named viz Rebecca, Harriet, Elizabeth and William and his widow Alley Wakefield, who afterwards intermarried with Joseph L. McGimpsey.The said Joseph L. McGimpsey and his said wife both died during the life of the intestate; but the issue of their said marriage were
1. Sena McGimpsey, a daughter )who intermarried with David Baker and who died leaving her surviving, her only heirs at law (1) John M. Baker, her son, (2) Junius L. Baker, Her son, (3) her daughter Mary D. Baker, (4) her daughter Martha E. Baker, (5) her daughter Alley L. Baker, (6) her daughter Laura A. Baker, (7) her daughter Harriet E. Hollifield (wife of --- Hollyfield).
2. Julia Ann Baker, a daughter (wife of Joseph Baker) who is still living in Mitchell County.
3. J. Alphonso McGimpsey, a son, who died before the death of the intestate, leaving him surviving, his only heirs at law (1) Theodore McGimpsey, (2) Charles McGimpsey, (3) William McGimpsey, (4) Rachel Flemming, his daughter (wife of John Flemming, (5) Alley Davis, a daughter (wife of John Davis ), (6) Elizabeth Kincaid, his daughter (wife of David Kincaid), (7) Loretta McGimpsey, his daughter, (8) Tod R. McGimpsey, his don, (9) Susan McGimpsey, his daughter, (10) Joanna Harbeson, his daughter (wife of – Harbeson)
4. Alphens McGimpsey, a son, who is still living
5. America, a daughter who intermarried with Joseph B Hunter and is still living (reference is made to testimony marked A. and B. and reported herewith)
I submit as conclusions of law, deduced from the foregoing finding of facts.
1st.That the brothers and sisters of the (?), the intestate, of the half blood and whole blood, inherit equal shares of the land or fund derived from the sale (Bat Rev Ch 36 Rules 3, Bell vs Dozeen 1 Dev 333).
2nd. That the lineal descendants of the deceased brothers and sisters of the intestate, whether of the whole or half blood, represent such deceased brother or sister and take, per stipes, the share of the land or fund arising from the sale, as their ancestor such deceased brother or sister of the intestate would have inherited, had he or she survived the intestate. (Bob Rev., Rules 1,2, and 5. Cromastie vs Kemp 66 NC R. 382).
3rd. That the full sister Rebecca Sherrill, the sisters of the half blood Julia Ann Baker and America Hunter and the brother of the half blood Alphens McGimpsey are entitled each to one ninth of the residue of the fund arising from the sale of intestates said lands after deducting the costs of this proceeding and such sum as may be necessary to make assets for the payment of debts of the intestate and costs and charges of administration.
4th That the three children of Harriet Conley deceased, viz J.N. Conley, Nancy A. Bowman and Alley E. Smith and her two grandchildren M.M. Conley and Alma Martin are entitled to one fifth of one ninthor one forty fifth portion the residue of the fund arising from the sale of intestates land….
5th That the said children of Elizabeth Brown deceased, to wit A.M. Brown, Sarah A. Halen, Rebecca Crown, Cynthia Peoples, Joseph A. Brown and Julia Longmire are entitled each to one eighth of one ninth or one 72nd part of said fund, after making said deductions, and that the four children of her son Coldwell Brown are entitled also in the aggregate to the same sum, apportioned to the said children of Elizabeth Brown on each to one fourth of one 72nd of the whole fund after deducting as aforesaid and that the children of Elizabeth Pritchard are entitled in the aggregate to the sum share allotted to each of the living children of Elizabeth Brown and each to an amount to be ascertained by dividing the amount of such share by the number of children left by said Elizabeth Pritchard when the number and names shall have been ascertained.
6th That the children of William Wakefield deceased, viz Eliza Gragg, Mary Brown, Harriet Alexander, Alley English, William Wakefield, Nancy Beck, Alexander Wakefield, and Elizabeth Chandler are entitled each to one eight of one ninth or one 72nd part of the residue of said fund, after making the deductions aforesaid.
7th That the children of Lena Baker, deceased, viz John M. Baker, Julius L. Baker, Mary D. Baker, Martha E. Baker, Alley E. Baker, Laura A. Baker, and Harriett E. Holyfield are entitled each to one seventh of one ninth or one 63rd portion of the residue…
8th That the children of J. Alphonso McGimpsey, viz Theodore McGimpsey, Charles McGimpsey, William McGimpsey, Rachel Flemming, Alley Davis, Elizabeth Kincaid, Loretta McGimpsey, Tod R. McGimpsey, Susan McGimpsey and Joanna Harbeson are entitled each to one tenth of one ninth or one 90th portion of the residue…
I further submit, that the administration reports, that he has in his hands still uncollected
A note on B.S. Gaither, balance due $142.98
A note on Julius McGimpsey for $100
With interest from Dec 18th 1875$119.Total$251.98
But the said C.B. Parks, administrator, while he thinks the claims good and whereof, is not willing, that the above amount should be reported and treated as cash in his hands.
I further report, that the indebtedness for which the personal fund is primarily liable consists of costs and charges of administration still unsettled amounting to about $325
And balance due on judgement in favor of C.C. McGimpsey against C.B. Parks administrator.$260Total about $585.00
It will appear from the foregoing statement, that it is impossible to report, while the accounts of the administrator are not fully settled or all of the personal estate reduced to money. To report accurately what amount of the fund arising from the sale of land in this proceeding will be required by the administrator to make assets; but I would respectfully recommend, that an order be made by the court providing
1st That the administrator shall pay and discharge the balance due on said judgment in favor of O.C. McGimpsey and the costs of this proceeding out the fund arising from the sale of the land, decreed in this proceeding, as it appears that the costs and charges of administration will consume more than the personal fund in the hands of the administrator in any event
2nd That the administrator retain for the present the sum of $325 and that the residue of the said fund, after deducting said sum, the costs of this proceeding and the balance due on said judgment in favor of O.C. McGimpsey, be divided among the heirs at law of the intestate according to their interests as herein before set forth.
I would further respectfully recommend, that any portion of such sum of $325 not needed to settle costs and charges of administration on account of collections, hereafter made by the administrator, be divided among said heirs at law in the same proportion by a subsequent order to be made after the final settlement of said administration.
Respectfully submitted.A.C. AveryReferee