Benjamin Ramy Holbert

See full transcription of his estate papers at http://files.usgwarchives.net/nc/polk/misc/holbrt01.txt

From Pam Wilson's family history files (wilsonpam@mindspring.com):

Benjamin Holbert was one of the sons of John HOLBERT (aka HALBERT) of Rutherford County, NC, and his wife Sarah "Sally" STEEL. John was born c. 1765 perhaps in Virginia.

Sarah "Sally" STEEL was the daughter of AUGUSTIN(E) STEEL of Amherst County, VA, and Sarah and John were married in Amherst County, VA on 16 January 1792. At least one of his other children, Abraham STEEL, also migrated to Rutherford County, NC with John and Sarah Steel HOLBERT.

John and Sarah HOLBERT's known children were: BENJAMIN HOLBERT, JOSEPH HOLBERT, ALVAMARIAH, POLLY PAMELA (or Permelia), BLANCHY CAROLINA, JOHN MAKEAN HOLBERT, JAMES GEROME (Jerome) BONAPARTE HOLBERT and MARVILLE HOLBERT.

The contributions of a team of Holbert researchers to this page must be acknowledged, since this is really their page as much as mine! Many thanks to Nadine Christall, Cindy White, Vernon Holbert, Earl Peeler, Beverly (Sandy) Levi, and William Hardin -- as well as all of the Arledge cousins who have given me information for the lineages of Sarah, Elizabeth and Rebecca Holbert. It has truly been a labor of love on the part of all of them to help piece together this widespread family! If you have any additional information on the Holbert family, please contact me.

Descendants of Benjamin Holbert

Generation No. 1

1. BENJAMIN HOLBERT was born 1792 in VA, and died Abt. 1872 in Polk County, NC {NEED WILL}. He married CHARITY STOVER 1818 in Henderson Co, NC1, daughter of JACOB STOVER and SARAH WELLS.

Notes for BENJAMIN HOLBERT: Wealthy landowner. Owned a large plantation in what is now Holbert's Cove, (Polk County), NC.

1820 census for Rutherford Co, NC lists BENJAMIN HOLBERT (100100 10100) and JOSEPH HOLBERT (300100 30010). Note: They are listed twice; second time is apparently a correction.

1830: Rutherford Co, NC census: Benjamin HOLBIRD: 301001-02101. THis is one male 30-40 (Benj.), one male 10-15 (Joseph, age 10) , 3 males under 5 (Jacob, John, Benjamin). One female 20-30 (Charity, a bit on the young side), one female 10-15 (Sophia), and 2 females 5-10 (Sarah & Rebecca).

Nadine wrote: "Benjamine was in Rutherford County North Carolina in 1830.... he bought land from Jesse Case on the waters of Green River in September and in December he bought land from Jonathan Tabour on the waters of Green River... these two pieces of land adjoined the land he had bought in 1821 from Morris at Rutherford. In 1831 he was witnessing the deed transfer of Jerome's inherited land from father, John Holbert to his other brother John Makean."

1840 census, Rutherford Co: BEN HOLBIRD (along with JNO HOLBIRD and SARAH HOLBIRT): a male 40-50; (2) 5-10 yrs; (2) 10-15 yrs.; (1) 15-20; a female 40-50; (2) less than 5; (1) 10-15; (2) 15-20

Not listed in 1850 census in Rutherford Co or Henderson Co. NEW INFORMATION: There is a listing for a RANY HOLBERT with wife CHRISTY--which must be a poor transcription of the original handwritten BENJ HOLBERT and CHARITY. Listed in Henderson County are Benj, 56, Charity, 53, Berry (or Benny or Benj), 20, Jacob, 20, Abraham 16, Elizabeth, 14, Charity, 12, Francis, 9 and Mary 7. Are these all their own children? I guess it is possible if Charity gave birth to her last child at age 46. Where was Caroline, who should have been between Abraham and Elizabeth? Vernon Holbert checked the microfilm, and this is what he found: Family 519: Benj (or Beny) Holbert 56 Charity 55 Berry (this is Benj. Jr) 20 Jacob 24 Abrahman 18 Caroline 16 Elizabeth 14 Charity 12 Frances 9 (a Male) Mary 7

1860 Polk County census lists JOHN HOLBERT (30) and BENJAMIN HOLBERT (69): household of BENJAMIN HOLBERT (69) with Charity (63), Charity (20), Francis (18), Mary (16) and Louisa (7). Louisa was their grandchild, daughter of John Graves Holbert.

In 1860, Benjamin's real estate was valued at $1200 and personal property at $9310. Owned at that time 8 slaves, from whom many black Holbert families are descended.

1870 POLK CO: #115 BENJAMIN HOLBERT 70 Farmer 400/275, Charity 70, Louisa 18. [Notice how much the value of his property went down between 1860 and 1870!!] Louisa was the daughter of John Graves Holbert.

A will has not yet been located for Benjamin Holbert. However, an 1876 Power of Attorney document regarding the administration of the estate for the Georgia offspring of Benjamin has been located.

Children of BENJAMIN HOLBERT and CHARITY STOVER are:

i. SOPHIA HOLBERT was born January 10, 1818 [or 1819?] in Rutherford Co, NC (could be named Josephine, aka Sophie), and died November 12, 1870 in Nelson, GA (Bur. Bethesda Baptist Church). She married (2) STEPHEN COWART 1838-1839 in prob. Rutherford Co, NC.

ii. JOSEPH HOLBERT was born 1820 in Rutherford Co, NC, and died 1901. He married (1) ELIZA OR ELZIRA KING Bef. 1845 in North Carolina, daughter of JONATHAN KING and MARY HOLT. He married (2) MARY NEWMAN August 07, 1853 in Henderson County, NC, daughter of WILLIAM NEWMAN and DELILAH ELLISON.

iii. SARAH HOLBERT was born Abt. 1822 in Holbert's Cove, Rutherford Co, NC, and died Abt. 1854. She married GREENBERRY ARLEDGE March 23, 1847 in Rutherford/Polk Co, NC, son of JONATHAN ARLEDGE and HARRIETT MCCORMICK(?).

iv. REBECCA HOLBERT was born May 08, 1825 in [or 1826?] Holbert's Cove, Polk Co, NC, and died November 19, 1908 in Henderson Co, NC (Bur. Oakdale Cemetary, Hendersonville). She married ISAAC ARLEDGE July 29, 1847 in Polk Co, NC, son of JONATHAN ARLEDGE and HARRIETT MCCORMICK(?).

v. JACOB G. HOLBERT was born March 27, 1826 in Rutherford Co, NC, and died February 15, 1906 in Nelson, GA. He married NANCY LOUISE DIMSDALE May 08, 1851 in Cherokee Co, GA, daughter of HIRAM DIMSDALE.

vi. JOHN GRAVES HOLBERT , REV. was born January 03, 1828 in Rutherford Co, NC (married twice), and died December 20, 1899 in [or 1894] Jasper, Pickens Co, GA19. He married (1) REBECCA KING Abt. 1850. He married (2) MADEN FOSTER May 29, 1854 in Henderson Co, NC.

vii. BENJAMIN HOLBERT , JR., b. 1830, Rutherford Co, NC; served in CSA; d. July 1862, Pickens Co, GA. He married MARY CARROLL May 27, 1852 in Cherokee Co., GA.

viii. ABRAHAM HOLBERT, b. 1833-1834, N.C..

ix. CAROLINE HOLBERT, b. September 1834, Holberts Cove, Rutherford Co, North Carolina; d. November 06, 1922; m. JOHN L. "JACKIE" THOMPSON, December 10, 1855, Polk Co, NC. Ancestors of the Holbert's Cove Thompsons (through Buchanan Thompson).

x. ELIZABETH HOLBERT was born April 16, 1837 in Holbert's Cove, Polk Co, NC, and died September 21, 1916 in Mill Spring (Bur. Silver Creek Baptist Church), Polk Co, NC. She married CLEMENT ARLEDGE January 28, 1855 in Henderson Co, NC by GreenBerry Arledge, JP, son of JONATHAN ARLEDGE and HARRIETT MCCORMICK(?).

xi. CHARITY HOLBERT, b. 1838-1839, N.C.; m. THOMAS NEWMAN, May 08, 1861, Polk Co, NC.

xii. FRANCIS MARION "FRANCE" HOLBERT, b. 1841-1842; d. December 25, 1919, Upward, Henderson Co, N.C.; m. ELIZABETH "LIZZIE" JONES, December 30, 1868, Green River Cove, Polk Co, NC by John Holbert, MJ.

xiii. MARY PAMELA HOLBERT, b. May 18, 1843, Rutherford Co, NC; d. August 13, 1919, Bur. Mountain View Bapt Church, Cooper's Gap, Polk Co, NC; m. ELI JACKSON.

Working through the loose estate files in the NC Archives, I came upon two folders with the name of Benjamin Holbert of Polk County. Piecing through the various scraps of handwritten notes, receipts and legal documents, one is able to weave together a fascinating story about a mountain farmer who had a large family and then died without a will. Benjamin and his wife Charity Stover Holbert owned hundreds of acres in what became known as Holbert's Cove in Rutherford (now Polk) County, NC, on Big and Little Cove Creeks, which run down parallel to the Green River Cove between Saluda and Silver Creek, as well as on neighboring Alston's Creek. Benjamin Holbert was considered quite wealthy before the Civil War--his real and personal property in 1860 was valued at $10,510, which evidently included the eight slaves he owned (Augustus and Kizzie and their children, probable ancestors of most of the African American Holberts in the western NC area). In contrast, Benjamin's value in 1870 was a mere $675.

Benjamin and Charity had 13 children: Sophia (m. Stephen Cowart), Sarah (m. Greenberry Arledge), Joseph (m. Elzira King and Mary Newman), Rebecca (m. Isaac Arledge), Jacob (m. Nancy Dimsdale), John (m. Maden Foster and Rebecca King), Benjamin (m. Mary Carroll), Abraham, Caroline (m. John L. Thompson), Elizabeth (m. Clement Arledge), Charity (m. Thomas Newman and Ransom Foster), Francis (m. Elizabeth Jones), and Mary Pamela (m. Eli Jackson). Abraham seems to have been killed during the

Civil War; Sophia, Sarah and Benjamin died young, but left children who were heirs to their grandfather's estate. [Sarah Holbert Arledge was my great-great-great-grandmother, mother of John Pinkney Arledge, who was the father of John Aden Arledge, the father of John Thomas "Jack" Arledge, my grandfather.]

What complicated matters was that Sophia Cowart, Jacob Holbert, John Holbert, and Benjamin Holbert Jr. all moved to the Cherokee County, Georgia area (which is, ironically, the county in which I now work). The

fact that the family was divided between Georgia and North Carolina made the settlement of the estate quite complicated.

But let's go back--we don't know if Benjamin was born in VA or in NC, but perhaps he was a baby when his parents John and Sally, who had married in Amherst County, VA in 1792, found some land nestled in the slopes of the most eastern range of the Blue Ridge mountains in the late 1790s, and settled along the mountain creeks not far from the rushing Green River that tumbled down the mountain through its neighboring cove.

019919

Indenture dated 20 Feb 1821 between James Morris of Rutherford County, and Benjamin Halbert, same county and State...for $200.00 conveys...on both sides of Little Cove Creek on waters of Green River, ect. 100 acres (part of a patent to James Fisher Feb 1785) /s/ James Morris Witness: John Halbert (X) his mark Polly P Halbert (X) her mark Recorded Feb 15,1830 #105

p.209 Indenture dated 13 January 1830 between Jesse Case of County of Rutherford and Benjamin Halbert, County and State aforesaid.. for $200 conveys tract on Little Cove Creek of Green River, etc...containing 100 acres /s/ Jesse Case Witness:Edward M.Guinn Recorded 20 Sept.1830 #221

p252 Indenture between Jonathan Tabour of County of Rutherford, State of North Carolina for $60.00 paid by Benjamin Haubert of said county and state,...do acknowledge the payment of myself and my heirs and herby convey unto said Benjamin Haulbert a tract on Big Cove Creek of Green River, etc....containing 50 acres. /s/ Jonathan Taber Witness: Jesse Cossce (Case?), Stephen Morgan Rec: 15 Dec 1830 #271

p.310 Indenture dated Dec 1830 between James G. Holbert of County of Rutherford, State of North Carolina, and John M. Holbert of County and state aforesaid...for $200.....tract on Alston's Creek of Green River and including all the land left and belonging to the said James G. Halbert by will of John Halbert, his father, deceased, containing 230 acres, ect.... /s/ James G. Halbert

Witness: Benjamin Halbert Rec 12May1831 #353

From Earl Peeler: Here is all I have on Abstracts of Land Entries; Rutherford County, NC. May 1826-June 1834. These may be the same items that Nadine just sent but another wrinkle.

Dec. 10, 1827 Benjamin Holbert enters 20 ac on the waters of Cove Cr; border; joins his own land.

Dec. 10, 1827 Benjamin Holbert enters 25 ac. on the waters of Green River; border; near his own land "Ritch"? Hollow; issued

January 16, 1830 John Newman enters 150 acres on the waters of Green River; border; Benjamin Holbert and Sarah Holbert issued.

Oct. 24, 1831 John Holbert enters 200 ac. on Long Br.; border; joins his own land; issued

Oct 24, 1831 Benjamin Holbert enters 13 ac. on waters of Cove Cr; border; joins his own land; issued.

________________________________________________

In 1800 and 1810 census, was enumerated in parents' household: age under 10 in 1800 and 10-16 in 1810. This would put date of birth after 1794.

1820 Rutherford Co census: 100100 10100 (2 children, a male and female, under age 10) 1820 census for Rutherford Co, NC lists BENJAMIN HOLBERT (100100 10100) and JOSEPH HOLBERT (300100 30010). Note: They are listed twice; second time is apparently a correction.

1830: Rutherford Co, NC census: Benjamin HOLBIRD: 301001-02101. This is one male 30-40 (Benj.), one male 10-15 (Joseph, age 10) , 3 males under 5 (Jacob, John, Benjamin). One female 20-30 (Charity, a bit on the young side), one female 10-15 (Sophia), and 2 females 5-10 (Sarah & Rebecca).

1840 census, Rutherford Co: BEN HOLBIRD p. 322 (along with JNO HOLBIRD p. 322 and SARAH HOLBIRT p. 329) 1840 Rutherford Census:

a male 40-50; (2) 5-10 yrs; (2) 10-15 yrs.; (1) 15-20;

a female 40-50; (2) less than 5; (1) 10-15; (2) 15-20

State NC Polk County. Rec'd of Benjamin HOBERT in Consideration for a negro boy named Harry aged about one year old one hundred and fifty dollars with I inwarrant and defend from all rights titles and claims forever I in warrant to be a slave for life Also sound so far as I now this 11th of May 1848 ISAAC ALDRGE. Attest G.B. ARLERGE. State of NC Court of Plea & Quarter, Henderson County, March term 1851 the within bill of sale was duly proven in open court by the oath of G. B. ARLERDGE a subscribing witness thereunto. Recorded and ordered to be registered Witness. R. W. Allen CC Registered 1 April 1851.

1850 Henderson Co. Census:

Household 517, microfilm p. 254, between Page and Ward families:

• Benj. Holbert 56 M Farmer $500 NC
• Charity 53 F NC
• Benny/Berry 20 M Farmer NC
• Jacob 24 M Farmer NC
• Abrahman 18 M Farmer NC
• Caroline 16 F NC
• Elizabeth 14 F NC
• Charity 12 F NC
• Francis 9 M NC
• Mary 7 F NC

1860 Polk County census lists JOHN HOLBERT (Columbus Division, p. 210 mf) and BENJAMIN HOLBERT (Columbus Division, p. 210 microfilm) and Abram Holbert (p. 226 mf, Tryon Division) :

1860 Polk (new county formed) Co census, Columbus Twp: #129/128 BENJAMIN HOLBERT 66 Farmer 1200/9310, Charity 63, Charity 20, Francis (M) 18, Mary 16, Louisa 7. [Louisa was their grandchild, daughter of John Graves Holbert.] All born in NC. 1860 Slave schedule: Benjamin Holbert: 8. Neighbors were John Ellison (age 25, living alone) and John [Graves] Holbert (30) and family.

In 1860, Benjamin's real estate was valued at $1200 and personal property at $9310. Owned at that time 8 slaves, from whom many black Holbert families are descended.

1870 POLK CO: #115 BENJAMIN HOLBERT 70 Farmer $400 real estate /$275 personal property; Charity 70, Louisa 18. [Notice how much the value of his property went down between 1860 and 1870!!] Louisa was the daughter of John Graves Holbert.

Documents pertaining to the Estate of Benjamin Holbert of Polk County, NC from Loose Estate Files in NC Archives, Raleigh, NC

[Undated] typed: Lumber Bill, with extensive list of various building supplies (Sils, floor beams, top joists, porch sils, door and window posts, studs, porch rafters, house rafters, novelty siding, flooring, window casings, nails, etc. with some handwritten additions. Initials handwritten on top of page are "JSH" (or "JLH")

3 April 1873 Recd of Joseph Holbert Admr of Benj. Holbert $1.00 for letters of Administration on the estate of Benj. Holbert, decd—signed RS Abrams CSC, Judge of Probate

5 April 1873 Recd of Charity Holbert (J Holbert Admr) $1 my fee for laying of her year allowance—S. Waldrop JD (same receipt, although with wording "for laying off her dower", signed by GB Arledge sheriff, JS Higgins and T. Bradly. Arledge got $1.60 and others each got $1)

25 April 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased (see below)

25 April 1873 Recd of Joseph Holbert Admr $2 in full of my fees for crying the sale of Benj. Holbert decd—GB Arledge, sheriff

25 April 1873 Recd of Joseph Holbert Admr of Benj. Holbert decd $1 in full of my fees for clerking for the sale—signed Eli Jackson

25 April 1873 Recd of Joseph Holbert Admr of Benj. Holbert decd $1.00 in full of my fee as clerk of the sale of the decd—Grayson Arledge

25 April 1873: A list of the personal property sold of Benj. Holbert decd Sold by Joseph Holbert Admr on the 25th day of Apr 1873 (see below)

26 April 1873 Recd of Joseph Holbert Admin of Benj. Holbert estate $6 for corn to feed stock and for attending to and getting up stock—signed F. M. Holbert

26 April 1873 Recd of Joseph Holbet Admin of estate of Benj. Holbet Decd 50 cents for services in gitting up stock—Ransom {his X mark} Foster, Attest F. M. Holbert

22 May 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased (see below)

25 June 1873 Recd Joseph Holbut Admr of Benj. Holbut Decd 50 cents for recording return of inventory—RS Abrams Clk, Judge of Probate

[Undated: estim. Date June 1873] Complaint filed in Polk County Superior Court by Charity Holbert against the heirs at law of Benjamin Holbert (see below)

1 July 1873: Summons for Dower in case of Charity Holbert vs. Joseph Holbert et al, Superior Court of Polk County, NC. To the sheriff of Polk County—you are commanded to summon Eli Jackson and wife Mary, the defendants above named, if they can be found in your county, to appear before the Clerk of the Superior Court within 25 days after service and answer the Complaint of the Plaintiff, a copy of which will be filed according to law, and let them take notice that if they fail to answer said Complaint within the time prescribed by law the Plaintiff will demand the relief prayed for in her Complaint. Given under my hand and seal of said Court this 1st day of July 1873, RS Abrams, Clerk of Superior Court. [reverse: "We accept service of within summons and waive service by copy and complaint—Eli Jackson, Mary P. Jackson; executed GB Arledge, Shff"]

1 July 1873: Summons same as above issued to Joseph Holbert, Francis Holbert, Ransom Foster and wife Charity, and Caroline Thompson [reverse: "We hereby accept service of within summons and waive service by copy and complaint—Ransom {his X mark} Foster, J. L. Thompson, Caroline Thompson, F. M. Holbert, Charity Foster, August 4, 1873"]

1 July 1873 [assumed, but undated and incompletely filled out]: Summons same as above issued to Joseph Holbert and Isac Arledge and wife Rebecca Arledge

1 July 1873 [assumed, but undated and incompletely filled out]: Summons same as above issued to Joseph Holbert, Isac Arledge and wife Rebecca Arledge, Clemmons Arledge and wife Elizabeth Arledge, Eli Jackson and wife Mary Jackson, Ransom Foster and wife Charity Foster and Caroline Thompson

1 July 1873: Summons same as above issued Isac Arledge and wife Rebecca [reverse: "We hereby accept service of within summons and waive service by copy and complaint at Hendersonville, July 1873 Joseph Holbert. Service accepted this 2nd of July 1873 Isaac Arledge and Rebecca Arledge"]

1] July 1873: Summons same as above issued to Grayson Arledge, Isaac Arledge and John Arledge [reverse: "We hereby accept service of within summons and waive service by copy and complaint—Grayson Arledge, Isaac Arledge, J.P. Arledge executed GB Arledge, Shff"]

1 July 1873: Summons same as above issued to Clemment Arledge and wife Elizabeth [reverse: "We hereby accept service of within summons and waive service by copy and complaint—C. Arledge, Elizebth Arledge; executed GB Arledge, Shff"]

1 July 1873: Summons same as above issued to John Holbert, Jacob Holbert and heirs at law of Stephen Cowart [reverse: "To hand 23 July 1873, The defendants not to be found in my county said to reside beyond the limits of the state—GB Arledge, Shff"]

List (not dated) of heirs of Benjamin Holbert and their addresses (see below) 8 July 1873 R. S. Abrams publishes notice of Summons in newspaper

16 Aug 1873 Recd of Joseph Holbert Admr of estate of Benj. Holbert deceased $6.00 for Deficiency in Dower—signed Charity {her X mark} Holbert, attest J.W. Love

16 Aug 1873 Recd of Joseph Holbert Admin of Benj. Holbert estate $13.59 for his county and state tax for the year 1873—signed GB Arledge, sheriff

15 Sept 1873 Recd of Joseph Halbert Admr of Benj. Holbut decd $3.00 in full for cost of filing petition in sale of evidence of debt—RS Abrams Clk

Recd of Joseph Holbert Admr of Benj. Holbert estate 25 c for sail of Notes—GB Arledge sheriff

25 Sept 1873 Recd of Joseph Holbert $6 for publishing publication in the case of Charity Holbert against the heirs at law of Benjamin Holbert –signed Clendenius (?) Carpenter (editor)

10 Oct 1873 We the undersigned commissioners recd of Joseph Holbert Admr of the estate of Benj. Holbert Decd one dollars each for laying off he widow Holbert’s Dower in land of said dec.—O.J. Nelson, T. B. Justice, J.M. Hamilton, Daniel Edwards, J.J. Clark (on reverse: Juror’s receipt for laying of the widow Holbert’s dower)

10 Oct 1873 Recd of Joseph Holbert Admr of Benj. Holbert Estate 75 cts for plank and nails furnished for the burial of deceased 10 Oct 1873 signed T. B. Justice

10 Oct 1873 Recd of Joseph Holbert $4 in full of my tax fee in the case for filing partition as Admin of Benj. Holbert estate—signed James Morris, atty. by RS Abrams

10 Oct 1873 Recd of Joseph Holbert Admin of Benj. Holbert estate $2 for qualifying jurors to lay off Dower (?)—signed GB Arledge, sheriff (on reverse, it says "Receipt for laving of widow Holbert Dower")

25 Nov 1873 Summons: Polk County In the Superior Court: [in the case of ] Joseph Holbert, Isaac Arledge and wife Rebecca, Grayson Arledge, Jno Arledge, Jackson Thompson and wife Caroline, Eli Jackson and wife Mary, Clement Arledge and wife Elizabeth, Francis Holbert, Ransom Foster and wife Charity AGAINST Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H, Coward, Louisa Coward, Mary Coward, H.M. Coward, Sarah Holbert, Cicero Holbert. To the Sheriff of Polk County—Greeting—you are hereby commanded to summon Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H, Coward, Louisa Coward, Mary Coward, H.M. Coward, Sarah Holbert, Cicero Holbert the defendants above named, if they be found in your county….RS Abrams, Clerk Superior Court Polk County. [Reverse: Summons returnable within 20 days. Recd 25 Nov 1873. Not executed the Defts not found in my county Nov 29, 1873, JW Hampton Jr., Dept Shff. JJ Osborne, Plaintiff’s Attorney

27 Nov 1873: Petition for Sale of Land for Partition (see below)

27 Dec 1873 Recd of Joseph Halbut Admr of estate of Benj. Halbut Dec $5.00—Carity {his X mark} Halbut widow

8 Jan 1874 RS Abrams, Clk Polk Co to Asheville Citizen (newspaper) for advertising court notice of Holbert vs. Holbert for 6 weeks Dr. $8.00. RM Furman, Asheville, NC 10 Jan 1874

14 Feb 1874 Polk County Superior Court, in the case of Joseph Holbert et al against Jacob Holbert et al. This cause coming on to be heard on this day it appears to the satisfaction of the Court that the service of the Summons and Complaint in this proceeding has been COMPLETE, but that some of the defendants are minors and not represented by general or testamentary guardian. It is therefore ordered by the court that this proceeding be postponed until the 9 Mar 1874 being full twenty days that that

JOHN GREEN be appointed guardian ad litem for the said minor heirs, and that copies of the summons and petition in this proceeding be served upon the said guardian ad litem, notifying him to appear and to answer on the said day.—signed RS Abrams, Clk—signed "I John Green accept the appointment of Guardian ad litem for the infant defendants in the proceeding, Sarah and Cicero Holbert.

21 Feb 1874 State of NC Buncombe County, Superior Court In Vacation: This day personally appeared before me JE Reed clerk of said court, RM Furman who being duly sworn saith that he is the editor and publisher of a newspaper called the North Carolina Citizen, published in Asheville, NC and that the case hereto attached to wit as follows [attached is a copy of published notice of "Petition for Sale of Land for Partition"] was regularly published for six consecutive weeks in his said paper—signed RW Furman; inscribed and sworn before me this 21 Feb 1874, JE Reed, Clerk Supr Court Buncombe Co, NC. Publication fee $8.00, fee pd to clerk .50, total $8.50

6 Apr 1874 Recd of Joseph Holbert $5 for petition and business in the case of Joseph Holbert et al Vs Jacob Holbert et al in Polk Superior Court. Jas. J. Osborne, Atto. (this is a charge against all the heirs)

6 April 1874 To the Superior Court Clerk of Polk or Commissioner in case of Joseph Holbert et al Vs Jacob Holbert et al-You will please let Mr. Holbert have my tax fee $4 in this case and the $8.50 publication fee due the printer and he is authorized to receipt for the same. J.J. Osborne, Atto. For RM Furman, Editor, Asheville Citizen

8 Apr 1874 Recd of Joseph Holbat Admin of Benjamin Halbart $5.00 for professional services—signed J. D. Hy—man (not legible)

13 April 1874 Recd of RS Abrams $17.50 in full of J.J. Osborne claim $5 for counsel fees and $4 tax fees and 8.50 printer fees in this case Joseph Holbert Vs Jacob Holbert—signed Joseph Holbert Admr

28 Feb 1876 Final Settlement of Benjamin Holbert estate in Probate Court, Polk County (see below)

25 April 1873, Polk County, NC: Inventory of the Property of the Estate of Benjamin Holbert Deceased, to wit:

• 1 pare of humes (?) and chairs .65
• 1 plow and Plowstock .39
• 2 Mattocs one hoe and 2 axes 2.45
• 1 Ironwedge and sundrys .35
• 1 Rifle gun 1.36
• 1 Handsaw .25
• 1 Grinding stone .71
• 1 cross cut saw 2.25
• 1 saddle 5.75
• 8 Beestands 8.37
• 1 cow hide .80
• $102 dollars of state money 2.95
• 5 head of cattle 28.67 ½
• 43 head of hogs 64.51
• 372 ¾ pounds of Bacon 35.48

sworn and subscribed before me June 23 1873

Joseph Holbert Admr, RS Abrams Judge of Probate

25 April 1873:

A list of the personal property sold of Benj. Holbert decd Sold by Joseph Holbert Admr on the 25th day of Apr 1873:

• Ransom Foster 1 pare of humes (?) and chairs
• Ransom Foster 1 plow and Plowstock
• Charity Holbert 1 Mattocs and ax
• Coleman Bradly 1 Mattox and one hoe
• Levi Arledge 1 Ironwedge and sundrys
• F. M. Holbert 1 Rifle gun
• John Newman 1 Handsaw
• Ransom Foster 1 Grinding stone
• FM Holbert 1 cross cut saw
• FM Holbert one plow
• H. Miller 1 ax
• FM Holbert spade and shovel
• Levi Arledge 1 saddle
• Wider Holbert 1 Beestands
• FM Holbert (2), RV Johnson (3) Eli Jackson (1), Levi Arledge (1), Wider Holbert (1) Each 1 bee gum
• John Newman 1 raw hide
• JB Turner bank bills
• J Arledge cow and 2 calves
• Ransom Foster 1 heifer
• Eli Jackson (1 heifer?)
• Wide 6 hogs 1st choice
• Bill ?? 6 hogs choice
• FM Holbert [various livestock]
• James Newman 13 head of hogs
• M Newman 353 lbs. bacon
• Eli Bradley 1 ham

Amount of sale $147.22

[2 handwritten copies, slightly different]

[List (not dated) of heirs of Benjamin Holbert and their addresses ]

• Joseph Holbert, Henderson Co, NC
• Isaac Arledge and wife Rebecca, Henderson Co
• John Holbert
• Jacob Holbert
• Benj. Holbert heirs, Ball Ground Ga., Cherokee Co, GA
• Stephen Cowart
• Clem Arledge and Elizabeth Arledge, Polk County
• Eli Jackson and wife Mary, Polk Co
• Ransom Foster and wife Charity, Polk
• Caroline Thompson, Polk
• Grayson Arledge, Polk
• John and Isac Arledge, Polk

[Another sheet:]

• Joseph Holbur
• Francis Holbur
• John Holbur
• Jacob Holburt
• Heirs of Benj. Holbut
• Stephen Coward heir Post Ball Ground GA Cherokee Co
• Charity Foster wife R
• Rebecca I Arledge
• Caroline Thompson
• Arledge, Elizabeth
• Mary Jackson wife Eli

[undated: estim.date June 1873]

Complaint filed in State of NC, Polk County Superior Court

Charity Holbert AGAINST The heirs at law of Benjamin Holbert

COMPLAINT TO RS Abrams, Clerk of the Superior Court for Polk County:

The plaintiff complaining alleges:

1st That the plaintiff is the widow of Benjamin Holbert, who died the ___ day of ____ 1873 [left blank] leaving him surviving the following children, to wit: Joseph Holbert, Francis Holbert, John Holbert, Jacob Holbert, Grayson Arledge, Eli Arledge, John Arledge, Clement Arledge, and wife Elizabeth, Isac Arledge and wife Rebecca, Ransom Foster and wife Charity, Eli Jackson and wife Mary, Caroline Thompson and the heirs at law of Stephen Cowart, who are his only heirs at law.

2nd That the said Benjamin Holbert at the time of his death was seized in fee simple of a tract of land on Cove Creek in the county of Polk joining lands of James Newman, William Newman and R. Price, containing by estimation 550 acres

3rd The plaintiff desires to have her dower in said land allotted to her, and to that end she prays your honorable Court to order a writ to be issued to the sheriff commanding him to summon five men, connected with the parties neither by consanguinity or affinity, and entirely disinterested, to view the aforesaid tract of land and to allot and set apart to the plaintiff one third part in value thereof, including the swelling house, buildings and improvements appertaining to the same, for the term of the plaintiff’s natural life and report their proceedings in due form of law. And your petitioner as in duty bound still may pray,

Jas. Morris, atty. for Petitioner

[Newspaper notice]

State of North Carolina Superior Court Polk County

Summons for Dower: Charity Holbert vs. Joseph Holbert et al.

STATE OF NORTH CAROLINA

To the Sheriff of Polk County—Greeting—You are hereby commanded to summon Joseph Holbert, John Holbert, Jacob Holbert, and the heirs at law of Stephen Cowart, the defendants above named, if they can be found in your county, to appear before the Clerk of the Superior Court of the County of Polk at the Court House in Columbus within 25 days after service of this summons exclusive of the day of service, and answer the complaint of the plaintiff a copy of which will be filed according to law, and let them take notice that if they fail to answer the complaint within the time prescribed by law the plaintiff will demand the relief prayed for in her complaint.

Here of fail not and this summons make due return. Given under my hand and the seal of this court this 8th day of July 1873.

R. S. Abrams, CSC for Polk County

It appearing that the above named defendants except Joseph Holbert are non residents having land in this state, and that the plaintiff has a cause of action against them publication of said summons is ordered to be made in the WEST CAROLINA RECORD for six successive weeks at the expiration of which time the cause will be heard.

R. S. Abrams, CDC for Polk County

July 8, 1873

[undated] State of NC, Polk County, Superior Court In Vacation

Joseph Holbert, Isaac Arledge and wife Rebecca, Grayson Arledge, Jno. Arledge, Jackson Thompson and wife Caroline, Eli Jackson and wife Mary, Clement Arledge and wife Elizabeth, Ransom Foster and wife Charity and Francis Holbert

AGAINST

Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H. Coward, Louisa Coward, Mary Coward, HM Coward, Sarah Holbert and Cicero Holbert

Petition for Sale of Land for Partition

Order of Publication

It appearing to the Satisfaction of the Court that the defendants are all nonresidents of this state and proper parties to proceeding it is therefore ordered by the court that pu7blication be made in the Asheville Citizen a newspaper published in the town of Asheville for six consecutive weeks notifying the said defendants to appear at the Office of the Superior Court Clerk for Polk County at Columbus within twenty days after service of summons…and answer the petition on file in this proceeding otherwise judgment will be rendered according to the prayed of said petition.

RS Abrams, Clerk Supr Court Polk County

JJ Osborne Atto for Petitioners

[27 Nov 1873] Superior Court, Polk County

Joseph Holbert, Isaac Arledge and wife Rebecca, Grayson Arledge, Jno. Arledge, Jackson Thompson and wife Caroline, Eli Jackson and wife Mary, Clement Arledge and wife Elizabeth, Ransom Foster and wife Charity and Francis Holbert

AGAINST

Jacob Holbert, Jno. Holbert, Charity Whitfield, Lewis Erwin Coward, Benjamin H. Coward, Louisa Coward, Mary Coward, HM Coward, Sarah Holbert and Cicero Holbert

Petition for Sale of Land for Partition

To the Hon’l the Superior Court of said County: The Plaintiffs as petitioners in this proceeding respectfully represent

I. That they and the defendants are heirs at law to the estate of Benj. Holbert decd and as such are entitled as tenants in common to their several interests therein.

II. That the said Benj. Holbert died seized and possessed of two tracts of land in Polk County NC the one containing 300 acres more or less lying on Alston Creek adjoining T. B. Justice and speculation land, Newman and others the deed to which is registered in Book ___ Page ___ County____; the other tract containing 50 acres more or less known as the Blackwell Tract on waters of Big Cove Creek adjoining speculation lands in Polk County NC others the deed to which is registered in Book ___ Page ___ County____ [all blanks were left blank].

III. That the defendants are all residents in Cherokee Georgia, and are all over 21 years of age except: HM Coward, Sarah Holbert, Cicero Holbert who are minors.

IV. That the quality and situation of the lands, and the number of the parties interested together with the diversity of their interests, renders it to the material interest of all the parties concerned to expose to sale the said lands and divide amongst them the proceeds ensuing upon said sale, as a division of the lands could not possibly be made without great cost and inconvenience to the parties.

To the end therefore that the said lands may be sold and the proceeds thereof divided among the parties entitled by law, your petitioners pray the court to order the sale as prayed for, to appoint a commissioner to conduct said sale, and to issue copies of the summons, and petition in this proceeding requiring the defendants to appear and answer, etc.

And as in duty bound your petitioners will ever pray

JJ Osborne, Sol. For Petitioners

State of NC in the Superior Court, Polk County. Before me RS Abrams the undersigned Superior Court Clerk for said county, this day personally appeared Joseph Holbert and made oath that the facts set forth in the foregoing petition as of his own knowledge are true and those not of his own knowledge he believes to be true. Joseph Holbert. Inscribed and sworn before me this the 27th day of Nov AD 1873

RS Abrams, Clk of Supr Court

28 Feb 1876 Final Settlement of Benjamin Holbert estate in Probate Court, Polk County:

Joseph Holbert Admr of Benj. Holbert Decd an Final Settlement

Dr: Amount of Sale Bill 29 April 1873 $155.24

Inst on the same

Decr 27th Sale of Corn and Rye 16.47

Evidence of debts 1.50

[TOTAL] $173.21

Inst on the same for 2 years and 6 months 20.76

[TOTAL] $193.97

Cr by vouchers from nos. to 18 69.07

By commission on $264.00 5 percent 13.15

Auditing this account 1.77

[SUBTOTAL] 83.99

[BALANCE] $109.98

[signed] Joseph Holbet

Sworn to audited and approved this the 28th Feby 1876

RS Abrams Clk, Judge of Probate for Polk County

Benjamin Holbert b 1794, d before 35 April 1873 married 1818 in Buncombe County, NC Charity Stover B 1796, D after 1910. Children Sophia, Joseph, Sarah, Jacob, Rebecca, John Graves, Benjamin Jr, Abraham, Caroline, Elizabeth, Charity, Francis Marion and Mary Pamela Holbert. Holbert Cove is named for he and his father John* Reference: Find A Grave Memorial - SmartCopy: Apr 11 2022, 4:12:23 UTC