Lenoir-Jones County NcArchives Court.....Loftin, Simmons V. 1855 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/nc/ncfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Martha M. Marble http://www.genrecords.net/emailregistry/vols/00022.html#0005285 February 27, 2008, 6:51 pm Source: N C Archives Written: 1855 #4909 SIMMONS vs LOFTIN NC Supreme Court Case found at the NC Archives Lenoir County 1855 Farnifold G. Simmons adm of Joseph J. O. Loftin dec vs Frederick B. Loftin, John Oliver and Penelope his wife, Simon L. Becton and Mary his wife, Green Taylor Admis of Joseph E. Rhem dec and Simon L. Becton exc of John L. Loftin Farnifold G. Simmons administrator of Joseph James Oliver Loftin dec stated that the said Loftin dec late of Lenoir had in his lifetime had a considerable personal estate he died in ___ year of 185____ intestate under the age of 21 leaving the following heirs the defendants Frederick B. Loftin, Penelope who intermarried with John Oliver, Mary who intermarried with Simon L. Becton, his brothers and sisters and Joseph E. Rhem the son of his deceased sister Elizabeth Rhem, his nephew Simmons has obtained letters of administration in Lenoir Co estate more than adequate to pay his debts and funeral expenses Joseph E. Rhem has departed this life intestate and Green Taylor was appoint adm Joseph Loftin Jun departed this life with a considerable estate on 7 July 1834 with a will - copy attached and will be posted in Nov. 2008 Item 6th. I give and Bequeath to my two Sons John Lewis Loftin & Joseph James Oliver Loftin or the surviving one when they come of age or in other words if they live to be of age or the Surviving one one Bed and furniture apiece and all my Lands except the Lenord Loftin Lands and that with the Old Road which will make 750 acres and it is my will and desire that, that part-not-loaned to my wife to Rented out until my wifes Death then all to be sold and a credit of one & two years payment and the money arising from the sale to be Kept on Interest until they come of age or day of marriage on the surviving one to have the whole if Both living then an Equal division with them in the Negroes if living and if not the survivor to have the whole say ?? & sum London Nancy Leah Jacob Bet Gomen then their increase to them their heirs and asigns forever and Judah also if Joseph Elizabeth Rhem should die Item 7th. I give and Bequeath provided my Grandson lives to come of age or day of marriage say Joseph Elizabeth Rhem one Negro Girl by the name of Judah to him his heirs and asigns forever Sd Joseph Loftin appointed Frederick B. Loftin and Blount Coleman Exec of his will John Lewis Loftin brother of your orator died with a will over the age of 21 and married and died in Sept 1844 and Simon L. Becton was the Exec and the will was proven in Jones Co a copy of the will attached and will be posted in Nov 2008 - Joseph J. O. was NOT 21 and his estate consisted of mostly Negroes and their increase and other property given to him and John Lewis Loftin Joseph Elizabeth Rhem survived Joseph J. O. Loftin but he died before the age of 21 and unmarried John Lewis Loftin was 21 before he died Joseph J. O. survived John Lewis for a number of years the def Simon L. Becton said that under the terms of the will he should be the sole heir also since Joseph E. Rhem died before the age of 21, the Negro Judah should also go to your orator Answer of Simon L. Becton and Mary his wife and Simon L. Becton Exec of John Lewis Loftin dec def to the Bill of Complaint They admit that Joseph J. O. Loftin and Joseph E. Rhem departed this life under the age of 21 leaving their heirs; Joseph Loftin departed this life with a Will; John Lewis Loftin married and had a child but his wife and the child departed this life about 2 years before John Lewis Loftin and he was over 25 years of age with a will they say this is a proper case for the court to hear but they content that John Lewis Loftin became the sole owner of the property under the will of Joseph Loftin The answer of Frederick B. Loftin one of the defs said the same things as the Bectons Answer of John Oliver and Penelope his wife, def said the same thing as the Bectons Answer of Green Taylor Adm of Joseph E. Rhem, dec said the same thing as the Bectons and asked the Court to rule on the will of Joseph Loftin yet he also says the money from the sales should be kept at interest until legatees John L. Loftin and Joseph J. O. Loftin arrived at the legal age of 21 or married and if one did not then the entire provisions went to the other one he therefore believe that Joseph J. O. should have inherited the entire portion under the will but if he is in error he will be glad to abide by the court he thinks that John Lewis Loftin was in error in his will and Taylor thinks he is entitled to 1/4 of the entire estate Estate of Joseph J. O. Loftin attached and posted under Estates on both Lenoir and Jones sites Finding of the court the bequest of Judah to Joseph E. Rhem did not vest as Rhem died under the age of 21, unmarried; John Lewis Loftin became entitled to 1/2 of the estate; that the other half bequeathed to Joseph J. O. Loftin did not vest to him as he died unmarried and under age yet it did not vest to John Lewis either since he did not survive Joseph J. O.; the estate belongs to Mary Ann Eliza Loftin 1/3, to the plf as Adm of the intestate; Joseph J. 1/3 and to the def Simon L. Becton 1/3 (sic) NOTE: In places 1/3 is used and in other place 1/4 is used. This file has been created by a form at http://www.genrecords.org/ncfiles/ File size: 5.9 Kb