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McGahey, McGahee (McGeachey) Wills and Probate Records

Milton McGahey Estate Papers

Mecklenburg Co., NC

Part 2

Part 1 Part 2 Part 3

Ann McGahey Petition for Dower Land, undated

State of North Carolina

Superior Court Mecklenburg County
Ann McGahey
Mary N. Alexander wife of Ezek'l Alexande {sic s/b Alexander}
Laura Goodrum " {indicating wife of} Milton Goodrum
Wm. McGahey
James & Margaret McGahey Infants - non {resident}
& James Brown infant

The petition of Ann McGahey respectfully shows unto the Court

I.  That she is the widow of Milton McGahey late of the County of Mecklenburg who died in April 1871 intesta{copy cut off} and seized {in fee} of following described lands viz -- A tract of one hundred acres of land situat{e} in Mecklenburg County adjoining lands of Sam'l. Black, {Mrs} R. C. Potts dower land Chas B. Wilson and others situate on the public road fr{om} Charlotte to Beattie{copy cut off} Ford and about 16 miles north of Charlott{copy cut off} upon which said land said deceased lived and died.

II.  That deceased left surviving him the following heirs at law --

Mary wife of Ezekiel Alexander of Mecklenburg County Laura wife of Milton Goodrum of Mecklenburg Co William McGahey -- who resides in Perry Co Alabama and James and Margaret

{next page}

infant children of John McGahey decd. who also {live} in Perry County State of Alabama and {is} without any guardian in this State and James infant son of Stanhope Brown who lives in Mecklenburg Co with his said farther {sic} and is also without guardian

Wherefore she prays {that} she may be adjudged entitled to dower in the said tract of land and that all necefsary {writs} and order may be made by the court so that the same be laid off and afsigned to petitioner and that guardian ad Litems be appointed for infant defendants and an order of publication for {non} resident h{_}eirs & {as is} d{uty} bound your petitioner will ever pray.

J{am}es Johnston
{_}or Jno. J{___}t

Parial Petition, ca 12 Dec 1872

{note this is a partial document; first page (pages) are missing}

. . .

Alexander of Mecklenburg County Laura Goodrum wife of Milton Goodrum also of the County and Wm McGahey in Perry County Alabama of full age and James & Margaret McGahey infant children of John McGahey decd. who also live in Perry County Alabama and James Brown infant son of Stanhope Brown by a daughter of decd. of Mecklenburg County.

Wherefore petitioner prays that an order may be made by the honorable Court for the sale of the {said} Estate described in the petition and for appointment of Guardians at {sic} litum {sic} for infant defendants that an order of publication be made for non resident and for such other and fu{rther} relief a{s} may {to} meet and {prosper} & as is duty {bound} petitioner {will} Ever pray.

J{ames} Johnston {___ ___ ___}

Jos. M. Wilson makes oath that the facts set forth in the foregoing as {___} of his own knowledge are true Those not of his own knowledge he believes to be true.

Jos. M. Wilson

Sworn to and subscribed before me Decr 12 1872

E A Osborne CSC

Advertisement, Southern Home Newspaper, 28 Dec 1872
Col. E. A. Osborne

To D. H{copy covered by newspaper clipping}
(Proprietor Sout{copy covered by newspaper clipping}

To Advertising in the Southern Home,
Decr 23 Court Ad{vt} Geo. {_ ___}

Received payment,

{copy of newspaper clipping}

Mecklenburg County
In Superior Court
Joseph M. Wilson, Administrator of Milton McGahey, Plaintiff,
The heirs at law of Miton {sic} McGahey, Defts.
Special proceeding to sell land for assets.
It appearing to the satisfaction of the Court that Wm. McGahey of full age and Margarette and James McGahey, Infants, Defendants in the above stated proceeding are non-residents of the State. It is on motion Ordered that publication be made for them for six weeks, in The Southern Home newspaper published in the city of Charlotte, notifying said defendants to be and appear before the Clerk of the Superior Court of said county; at the Court House in Charlotte, within twenty days, then and there to answer the plaintiff's complaint or Judgment pro confesso will be entered against them.
    E. A. OSBORNE, C. S. C.
Dec. 28, 1872 - 6w

Court order & Guardian appointment, 2{8} {May} 1873

Superior Court Mecklenburg County

Jos. M. Wilson Admr
of Milton McGahy decd.
Wm McGahey
James & Margaret McGahy et al
heirs at law of of Milton McGahy

It appearing to the Court by the affidavit of D H Hill filed in above case that publication has been made once a week for six succefsive weeks in the Southern Home according to the order made in said case and that Twenty day has elapsed since the last publication was made and no notice of appearance or answer having been filed in said case And it further appearing that the Infant defendants James & Margaret McGahy are non resident without any guard{ian}
It is adjudged that due service according to law has been made in said action upon {the} adult defendant Wm McGahey and the infants James & Margaret McGahey It is further ordered that F. Nash Esq be appointed guardian ad Litem for said infant defendants

{May} 2{8} 1873
E A Osborne
C.S.C. & {P.J.}

Part 1 Part 2 Part 3

Source:  Submitted by Jean Ann McKay Taylor, Houston, Texas, great great granddaughter of Mary A.A. Henderson McGahey Dobbins.
Transcribed by Susan Shields Sasek & Jean Ann McKay Taylor.

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