Posted March 17, 2004

These estate papers were probated in Wake County but "Application to Sell Land and Assets and Orders Thereon" shows his tracts of land in both Harnett and Wake County. Patricia Stuart Sistare.


The State of North Carolina
In the Probate Court
Wake County               

I, JAMES H. ADAMS, so solemnly swear (or affirm) that I believe that J. K. STEWART died without 
leaving any last Will and Testament; and that I will well and truly administer all and singularly 
the Goods and Chattels, Rights and  Credits of the said J. K. STEWART, and a true and perfect 
inventory thereof return as provided by law; and that all other duties appertaining to the charge 
reposed in me I will faithfully  and honestly perform with the best of my skill and ability: So help 
me God. Signature J. A. ADAMS

Sworn and subscribed before me, this 1 day of Octo., 1887
Signature CHAS. D. UPCHURCH Probate Judge CC

APPLICATION FOR LETTERS OF ADMINISTRATION WAKE COUNTY - IN THE SUPERIOR COURT In the matter of the Administration of the Estate of J. K. STEWART before Chas. D. Upchurch, Clerk JAMES A. ADAMS being sworn, doth say; That J. K. STEWART, late of said County, is dead, without leaving any Will and Testament; and that JAMES A. ADAMS is the proper person entitled to Letters of Administration on the Estate of the said J. K. STEWART. FURTHER, That the value of said estate, so far as can be ascertained at the date of this application is about $250.00, and that BARBARA STEWART, JAMES H. STEWART, HELEN F. HOLLOWAY, MONISSA A. SMITH, R. P. STEWART, MIRANDA A. BETTS, CHAS. T. STEWART, B. F. STEWART, ELLA STEWART are entitled as heirs and distributees thereof. Sworn and subscribed before me, this 1st day of October 1887 (Signature CHAS D. UPCHURCH) Clerk Superior Court (Signature J. A. ADAMS)
No 472 BARBARA STEWART, Widow Vs. MACOM HOLLOWAY and others WRIT OF DOWER Issued April 19 1888. Executed April 25 1888 J. K. ROGERS, Sheriff By WILLIAM UTLEY DS Shff fee Paid $2.80 By J. A. ADAMS Adm WRIT OF DOWER STATE OF NORTH CAROLINA To The Sheriff of Wake County, Greetings: Whereas BARBARA STEWART Widow of JOSEPH K. STEWART lately filed her petition in this Court against MACOM HOLLOWAY, H. F. HOLLOWAY, JAMES STEWART and SAMANTHA STEWART, his wife, M. A. SMITH and L. H. SMITH, her husband, R. P. STEWART and MAGGIE STEWART, her husband, MIRANDA C. BETTS and S. M. BETTS, her husband, C. T. STEWART and ELLA STEWART, his wife, WM. F. STEWART, ELLA DAY and SAMUEL DAY, her husband heirs-at-law of her said husband, and it was ordered that a Writ of Dower be issued to the Sheriff in her behalf as to the following land, to-wit: The Lands of Jos. K. STEWART, containing about Six hundred and thirty acres. You are therefore Commanded, To summon not less than Three, unless the partie demand a greater number, and then not more than twelve freeholders, unconnected with the parties by consanguinity or affinity, and entirely disinterested, who, after being duly sworn by you, are to allot and set off to the said BARBARA STEWART, by proper metes and bounds, one-third of the said lands including therein the dwelling-house, and all offices, out-houses, buildings and improvements thereon belonging or appertaining, during the term of her natural life, and to put her into possession of the same; and the allotment of dower made by the said jury, after being reduced into writing; and signed by them, you are to return into this Court, according to law. This 19 day of April, 1888. (Signature CHAS. D. UPCHURCH) Judge of Probate & Clerk Superior Court
BARBARA STEWART's Dower 325 acres Land STATE OF NORTH CAROLINA Wake County We the undersigned Jurors being Summoned and after being dult sworn proceed to lay off and allot to BARBARA STEWART Widow of JOSEPH K. STEWART Deceased her dower in the Real Estate of her Deceased husband containing Three hundred and twenty 325 five acres Land. Bounded and described as follows viz: Beginning at a stake the corner of 140 acres deed to CHARLES T. STEWART in an old field and ( ) as his line North 88 West 54 chains to a Water Oak on the bank of Kennies Creek and then runs down the channel of Said Creek to the mouth of the Spring branch a Holly tree corner of B. P. STUART's 154 acres Survey then up Said branch with his lines 3 chains to a stake and pointers in the Harnett County line then as another of R. P. STEUART's lines North 25. Each 10 chains to a Small Pine Corner then as another of his lines North 60 Each 27 chains to a Stake and pointers on the South Side of the Spring branch Then as another of his lines North 15 Each 8 chains and 65 links to a stake in the Road. Then as Said Road 14 chains and 38 links to R. P. STEUART Corner in MARY STEWART's line then as her line North 2 1/2 Each 14 chains to a stake and pointer in a marsh Then as another of her lines Each 7 chains and 50 links to a Stake in an old field then as another of her lines North 2 4 each 20 chains and 75 links to a stake in a marsh the beginning corner of the 143 acres Survey then as the last line of That Survey direct to the beginning of all the Land belonging to her husband. All of which is Respectfully Submitted This April the (signature W. H. HOLLAND) 25th 1888, (signature J. A. his x mark GILBERT) (signature W. B. his x mark TEMPLE) Witness WILLIAM UTLEY D. E. GREEN Sur.
PETITION FOR ORDER TO SELL PERSONAL PROPERTY FOR CASH STATE OF NORTH CAROLINA Wake County in the Probate Court J. A. ADAMS Admn. of J. K. STEWART Ex. Parte. Petition of J. A. ADAMS Adm of J. S. STEWART, deceased showeth that, 1st. That it would best subserve the interest of the Testate Legatees and creditors of the estate of said J. K. STEWART to sell the personal property belonging to said estate for cash, because said property would sell for about the same in cash as on a credit of six months, and because moreover the majority of the bidders at any proposed sale will probably be unable to give solvent bonds. 2nd, Wherefore you petitioner prays for an order allowing him to sell said property for cash. (Signature J. A. ADAMS, Adm) ORDER State of North Carolina Wake County In the Probate Court J. A. ADAMS of Adm of J. K. STEWART Ex Parte It appearing, that J. A. ADAMS Adm, of J. K. STEWART has filed in this office a petition showing reasons satisfactory to the Court for selling the personal property belonging to the estate of said deceased, for cash: It is Ordered and Adjudged, That the said J. A. ADAMS Adm. of J. K. Stewart, deceased, shall have license to sell said property to the highest bidder, for cash, "after twenty days notification posted at the Court House and four other public places in Wake County," subject however to theconfirmation of this Court, in case any creditor or legatee of said estate shall, on the day of sale, object to the completion of the sale of any article of personal property "on account of the insufficiency of the amount bid." It is Further Ordered, That said J. A. ADAMS, as aforesaid, make return of the proceed of said sale to this Court. This 18 day of Octo, 1887.(Signature CHAS. D. UPCHURCH) CC, Judge of Probate


NORTH CAROLINA In the Superior Court Wake County 
Before C. D. Upchurch, Clerk, Superior Court


     TO C. D. Upchurch Clerk Superior Court of said County

I.  The petition of James A. Adams the administrator of Joseph K. Stewart deceases, respectfully showeth 
unto the Court that J. K. Stewart deceased late of said County, died on or about 11 Sept 1887, leaving 
surviving him as his decisees and and heirs at law: (Names and Residence below) Helon F. Holloway & Malcom 
husband, James H. Stewart, Moniza A. Smith & L. H. Smith her husband, Robert P. Stewart, Charles T. Stewart, 
Miranda C. Betts & S. N. Betts her husband, William F.Stewart & Ella Day & Samuel Day her husband

II. That on the 1st day of Oct 1887, your petitioner the Plaintiff in the above cause, duly qualified as 
prescribed by law as admn. of the estate of his intestate Joseph K. Stewart deceased and entered upon the 
discharge of his duties as such administrator.

III. That the debts outstanding and due from his intestate so far as he can learn amounts to about 1000 
exclusive of the costs of Administration.

IV. That the value of his intestate's personal estate, so far as he is able to estimate the same, is about 
exhausted which is totally inadequate to pay off and satisfy said debts and costs of Administration.

V. That the intestate at the time of death was seized of the following real estate: Six hundred and sixty 
five acres of land lying partly in Wake & partly in Harnett & that about 325 acres of said land has been 
allotted the Widow of his Intestate for her couple of words covered with another paper) and more fully 
described as follows:

1st Tract - Situate in Black River Township Harnett County, lying on Kennies Creek 
                      adjoining lands of William Roy on the West, S. G. Collins on North on the
                      East - James A. Johnson and Niels Creek on the South and said to 
                      contain 170 acres being part of the lands furnished by  F. R. Stewart of  

2nd Tract - Situate in Black River Township Harnett County lying on Kinnies Creek 
                      adjoining lands of James Champion S.M. Smith S. G Collins & others & 
                      contains 27 34 acres.

3rd Tract - Situate in Middle Creek Township Wake County lying on the waters of 
                      Black Creek and adjoining the lands of C. T. Stewart, Mary StewartB. R.
                 Port(  ) F. K. Godwin & others said to contain 143 acres.

4th Tract - Situate in said Township Wake County adjoining lands of C. T. Stewart 
                      Mary Stewart - R. P. Stewart - James J. Stewart & otherssituate on 
                      Kinnies Creek and said to contain 325 acres.  This tract has been set off 
                      to Barbry Steuart widow of the late J. K. Stewart as her Dower on the  
                      lands of J. H. Stewart decd - as  will fully offerby special  (   )  (   )in 
                      Superior Court Clerks office & make bounty.  The sale of this land subject
                      to the widows dower rights will benecessary to pay the debts of the 

(NOTE: The page describing the land must be placed over the court document as it next begins with Item VIII)

VIII.  That in order to properly administer the estate of his said intestate and to pay the costs of 
Administration and debts due as aforesaid, it will be necessary to sell the Residence of said lands and 
convert the same into assets for the payment pro tanto at least of said debts;wherefore your petitioner 
prays that the Court will cause summons to issue, to, and be served on the persons above described as 
defendants. (Signature J. A. Adams) Admr (Signature John A. Spears) Attorney for Plaintiff

     James A. Adams admr. being duly sworn says that the facts stated in the foregoing petition of his own 
knowledge are true and that those stated on information and belief he believes to be true.

Sworn and subscribed before me this 21 day of Dec 1889.
(Signature Char. D. Upchurch) Clerk Superior Court

Notes: There are many more documents. All documents noted in estate records are for STEWART -- but the individuals signed as STUART. There are NO signatures in the estate record for STEWART. W. F. Stuart signed on Dec 27, 1889; twice March 30 1896 R. P. Stuart signed Sep 21, 1889 J. H. Stuart signed Sep 21, 1889 C. T. Stuart signed Dec. 23, 1889 Moniza A. Smith and L. H. Smith signed March 30 1896 M. McN. Holloway and Helen F. Holloway signed March 30, 1896 W. F. Stuart, Ella Day, G. S. Day, M. C. Betts and S. N. Betts signed March 30 1896 The widow, Barbara Stuart is shown on 1900 census of Wake County living with son, William F. Stuart. Indeed her land in Harnett County was sold. Her son James retained his portion of land in Harnett and appears in 1910 census of Harnett County, Hector's Creek Township . It is this piece of land where the cemetery is located.


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