Source:Lowe vs Lowe filed 6 Mar 1869
From EE Barton papers microfilm #219 Samuel Lowe File
Transcription
File: Lowe, Samuel, Heirs
Zadock N Lowe
James Lowe, and Jas I. Bovar, Admr of
Mary Lowe, dec
Vs} Petn. Filed Mch 6, 1869 by Duncan
John Lowe
Thomas Lowe (Thomas W. Lowe)
Samuel Lowe
Letha Callen (late Lowe) and Jonathan Callen,
Sally Daugherty (late Lowe) and Geo. L. Daugherty
Mary Lowe died in Pend. Co. in 1868; personal property was placed in hand of Jas. I Bovar Public Admr; who was unable to find any personal property; there were no debts, she left surviving 7 children, 2 of plffs + the defts.
Plffs allege tht at time of her death, Mary Lowe had considerable personal property, of value. 9 horses of value of $800; 102 sheep, 800 lbs bacon worth $160. (102 sheep worth $130.); 3 bbls soap $30; a loom + wheel $60; farming utensils, household + kitchen furniture $200; 6 bedstead $25; slide, flax, flax break, axes etx $50, linsey, jeans and cotton cloth $50.; 46 geese, $25; ducks, turkeys + chickens $60; carpenters tools $30 – all of the value of $2470. Shortly after her death the defts unlawfully took possn + divided the property among themselves – and refuse to surrender any portion, or the value thereof to Plffs. Pry of jdgt for value of the property.
Sums on Tos. Lowe Mch 30, 1869, by Peter levengood, Spl Dept Shff for Curry.
Sums on Jno. Lowe, Saml Lowe, Letha Callen, Jonathan Callen, Sally Daugherty, Geo L. Daugherty Mch 26, 69 by Otis Adams, DS for J M Curry, SPC
Aus April 21,69 (by Perrin) for the defts Letha + Jonathan Callen.
That Mry Lowe owned no property at the time of her death, except a mare, called “Old Cherokee.” Worth not over $40; and it was the understand of Mary Lowe that John Lowe was to have the mare when she died; + deny having rec. any property of decdent etc. J Callen
Aus April 21,69 of Saml Lowe – by Perrin – Denial – same as Callen
Aus April 21, 69 of Thos W. Lowe (by Perrin) States that he does not know what property Mary owned; that he recd no part of it etc.
Aus. April 21, 69 of Sallie + Geo. L. Daugherty, by W. T. Simmons, Atty
Deny that Mary Lowe owned the property named in the petn, or owner of any property; that sd Mary Lowe was the widow of Samuel Lowe, who died many years ago, and was the owner of a tr. land upon which Mary Lowe lived until her death., all the children of Samuel + Mary Lowe, after the death of Samuel, assigned their interest in the land to Mary Lowe for her life; sd writing is in the hands of M. Mullins. Z N Lowe lived on the land with his mother Mary, until he married, + used the land himself; and after he married he left his mother, taking with him horses, cattle, sheep + Hogs that he raised on the farm – and left his mother without property; at the time he left his mother she was very old and in great need of protection from her children. Afterwards, Jno Lowe, Letha + Sally lived with her + took care of her in her extreme old age, to the time of her death, and gave her Body a decent Burial. After ZN Lowe left his mother, she entered into a written contract with John, Letha and Sallie that they should live with her upon sd farm, cultivate same + use it as their own, + rec. proceeds; also Letha + Sallie should have the personalty(personal property) then owned by their mother; + in consideration sd deft were to keep Mary as long as she lived, + was to have all the personal property that Mary had; that they did take care of Mary until her death – she died at age of 84 years – at all times gave her kind attention; pd her Doctor’s bills; all her debts and deny allegations in Peti.
Apr. 21, 69 Aus of John Lowe (by Perrin)
Says the loom & wheel worth 50 cents; had only 3 bedsteads, + they were of no value; admits she owned the old mare, an old Cupboard, old Bureau, old Table + old chest. That his mother owed him $500. besides doctors Bills, Burial expenses which deft (John) paid. Denies all other allegations of pettion.
Jdgt (judgement), April 29, 69
Mary Lowe, for many years before her death was a superannuated lady, residing upon a small farm left by her husband Samuel Lowe; for many years she was unable to give the farm proper attention, + depended upon her children to attend to it. All her children left her and set up for themselves except Sallie + Letha. It is clear that all the property on the pace was the product of the labor of these children, who have been industrious and saving, the daughters doing outside work too. The mother seems to have relinquished all the property to Sallie + Letha long before her death – except the “Old Cherokee mare”
Plffs petition dismissed; defts recover their costs.