Joseph Lyles

His Will and Codicil, 1869 & 1870, and Probate


go to the William A. Lyles page | modified Oct. 4, 1999

(We will add the probate records, which stretched on for 20 years, as we can.)

Joseph Liles
Will
1869
 
Recorded in "Will-Book"
Page=91August 31st 1870
 
State of South Carolina
Oconee County

Before God and man I, Joseph Liles, of the aforesaid State and County, knowing well the certainty of death and the uncertainty of life, and being now, at this time somewhat afflicted but of perfect soundness of mind sufficient to dispose of my property, do publish this my last will and testament in the following manner. In the first place I give and bequeath unto my beloved wife Zillah the tract of land upon which I now live to have and to hold with all its appurtenances her life time, or during her pleasure. At the expiration of which, it is to be sold and divided among my legal Heirs. Also the use of the horse, use of all the farming tools that she may think necessary for carrying on the farm for her support. The block and all of the household kitchen furniture, cooking utensils, and such matters as she may wish for her comfortable support. The waggon is also included. She has the right to set off anything for sale that she may think and regard as a surplus to be sold, together with all the balance of my entire estate not mentioned specially above; and the proceeds of the same be equally divided; after my debts and burial expenses are paid; having confidence in E.P. Verner to do justice in the settlement of this my last will and testament, I do hereby constitute and appoint him as my sole Executor. In testimony wherof I have hereunto signed my name and affixed my seal this 28th day of Decm 1869.

In the presence of
Thomas Jenkins
Joseph L. Herbert
Martha Jenkins
Joseph Liles L.S.

In addition to the foregoing will and testament, as a Codicil I give and bequeath unto my beloved wife Zillah the household furniture Viz. [illeg.] beds & furniture together with cubboard furniture, loom, wheel and cards, table chairs, clock, chest, and desk Bible and other books as she chooses & looking-glass. These things she is to have together with what ready money is on hand to do as she may please with an absolute right and also one hundred dollars out of my estate. I further give and bequeath unto Mary Ann Jenkins fifty dollars after my decease, in testimony whereof I have affixed hereunto my name and seal this 21 Jany 1870.

In presence of
Thomas Jenkins
Jos. L. Herbert
Martha Jenkins
Joseph Liles L.S.


See Zillah Liles' 1880 sale of 194 acres of the land mentioned in the will above.

Joseph Liles' Probate

[The probate transcripts below are courtesy of Thomas L. Hair.]

 

Probate Court: E.P. Verner, Executor of the Last Will and Testament of Joseph liles, dec'd, Plaintiff against Zillah Liles, widow; Westley Liles, Joseph Harbert, Allen Harbert, Joseph Liles, Samuel Liles, Lewis Liles, Joshua Y. Liles, Martha Liles, Deborah Liles, and Nancy Liles. Heirs-at-law of Betsy Adkinson, heirs-at-law of Susan Stewart, heirs-at-law of Polly Kimmons, and heirs-at-law of Matilda Ross, defendants.

To Styles P. Dendy, Judge of said Court. Your petitioner sheweth unto your Honor that he is Executor of the Last Will and Testament of Joseph Liles late of the County and State aforesaid, who died intestate on the - ----day of ---- 1870, unmarried [?] and childless. That testator gave certain specific legacies and then bequeathed the residue to such of his next of kin would be entitled under the Statute of Distribution. The parties named as defendants herein are the only heirs and distributees of the testator. It is alleged by some of the parties interested that the testator's sisters, Betsy Adkinson, Matilda Ross, Susan Stewart, and Polly Kimmons pre-deceased the testator and that neither of them left a child surviving the testator, but your petitioner is ignorant of whether these allegations are true or false. That your petitioner has in hands for distribution the sum of $138.67 after having paid [the] testator's debts and specific legacies. That at the death of [the] testator's widow, other property in which she has a life estate will be sold and the proceeds distributed. That Betsy Adkinson or her heirs, Susan Stewart or her heirs, Matilda Ross or her heirs, Polly Kimmons or her heirs, if alive are not residents of this state. That Lewis Liles, Joshua Y. Liles, Martha Liles, Deborah Liles, and Nancy Liles are not residents of this state.

Wherefore your petitioner prays that the defendants above named may be served with process according to law and that the parties interested may be required to come in and establish their right to the funds of said estate, now and yet to come, in the hands of the Executor and that distribution may be made under the order of this court and that your petitioner may have such other and further relief as to Justice and equity shall appertain and to your Honor shall seem meet.

/s/ J.J. Norton
Petitioner
 

 

E.P. Verner, Executor of the will of Joseph Liles, deceased, Plaintiff against: Zillah Liles, widow, Westley Liles, Joseph Harbert, Allen Harbert, Joseph Liles, Samuel Liles, Lewis Liles, Joshua Y. Liles, Martha Liles, Deborah Liles, Nancy Liles, heirs at law of Betsy Adkinson, dec'd, heirs at law of Susan Stewart, dec'd, heirs at law of Polly Kimmons, dec'd, heirs at law of Matilda Ross, dec'd, defendants.
 
Petition for Relief--Summons, you are hereby summoned and required to answer the petition in this action, which is filed in the Office of the Probate Judge of Oconee County at Walhalla SC, and to serve a copy of your answer of the petition on the Subscriber at his office in Walhalla within twenty one days after the service hereof, exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid, the Plaintiff in this action will apply to the court for the relief demanded in this petition.
Dated 23 Sep 1874 J.J. Norton
Plaintiff's Attorney
 
 
To the defendant: Zillah Liles, widow, Westley Liles, Joseph Harbert, Allen Harbert, Joseph Liles, Samuel Liles, you will take notice that the foregoing petition is filed in the Office of the Judge of Probate of Oconee SC for the settlement and distribution of the estate of Joseph Liles, deceased.
 
Personally comes William Kelly before me and made oath that he did on the 14th Apr inst. serve personally the within named Zillah Liles, Samuel Liles, Joseph Harbert, and on the 15th inst. he served personally Allen Harbert, and on the 19th inst. served Joseph Liles personally by leaving with each a copy of this summons, and that he made diligent search for defendant Wesley Liles and could not find him within the county.
Sworn to before me
21 Apr 1875 /s/ William Kelly
J.W. Stribling, CCP
 
 
E.P. Verner, Plaintiff against Zillah Liles, widow, Westley Liles, Joseph Harbert, Allen Harbert, Joseph Liles, Samuel Liles, Lewis Liles, Joshua Y. Liles, Martha Liles, Deborah Liles, Nancy Liles, heirs of Betsy Adkinson, heirs of Susan Stewart, heirs of Polly Kimmons, heirs of Matilda Ross, defendants.
 
It appearing to the satisfaction of the court that the above named defendants have all, except the heirs of Susan Stewart, been legally served with process in this action more than twenty days prior to this time and have made no answer, plea or demurrer, and that the testator left no lineal descendant, father or mother him surviving. That all of his brothers and sisters died without leaving lawful issue, except Susan Stewart concerning whose death and issue the evidence is unsatisfactory; and except Nina Harbert who left only two chn who survived testator, viz: Joseph Harbert and Allen Harbert, defendents herein; and also except testator's brother, Isham Liles, seven of whose chn survived testator, viz: Joseph Liles, Samuel Liles, Lewis Liles, Joshua Y. Liles, Martha Liles, Deborah Liles, and Nancy Liles. The other chn of Isham Liles pre-deceased testator. Therefore it is ordered, decreed and adjudged, that the plaintiff do distribute the estate of Joseph Liles, now or hereafter to come into his hands, in the following manner, namely:
1st--To the payment of the cost of this proceeding and all other necessary expenses incurred and to be incurred by him as Executor as aforesaid.
2nd--One fourth of the remainder to Westley Liles, one eighth thereof to Joseph Harbert and the same to Allen Harbert, one twenty eighth part of said remainder to Joseph Liles, the same to Samuel Liles, the same to Lewis Liles, the same to Joshua Y. Liles, the same to Martha Liles, the same to Deborah Liles, and the same to Nancy Liles.
3rd--That the one fourth indisposed of be held by the plaintiff subject to the order of this Court.
4th--That the payments out hereinbefore ordered be made from time to time as the said estate shall come into the hands of the plaintiff, and that the plaintiff do proceed to make further inquiry for Susan Stewart and her heirs. Given under my hand and seal at Walhalla SC this 4th day of June 1875.
/s/ S.P. Dendy
Judge of Probate
 

Received of E.P. Verner, Executor, $50.75 in full of the the cost in this case. this 11th June 1876.

/s/ S.P. Dendy
Judge of Probate

[The following 1890 summons indicates that E.P. Verner was still the executor of Joseph's estate and that Joseph Jr. had not taken over that office yet. I've transcribed this text from the handwritten document in the Oconee County Court House.]

The State of South Carolina
County of Oconee
 
In the Probate Court

Ebenezer P. Verner, as Executor of the last will and testament of Joseph Lyles, deceased, Plff.

vs.

Joseph Lyles, Martha Lyles, James W. Lyles, Joseph O. Lyles, David A. Lyles, Emeline Lyles, Allen W. Harbert, Elizabeth Hare, and Matilda Black, Defts.

Summons for Relief

To the Defendants: You are hereby summoned and required to answer the complaint in this action of which a copy is herewith served upon you to serve a copy of your answer answer to said complaint on the subscribers at their office at Walhalla South Carolina within twenty days after the service hereof exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid , the plaintiff in this action will apply to the Court for the relief demanded in the complaint.

The object of this action is the sale of the real estate of Joseph Lyles Deceased, as directed by his last will and testament, and no personal claim is made against you or either of you.

September 9th A.D. 1890

seal Richard Lewis
Judge of Probate

Verner & Herndon

Plffs Attys
[The papers containing the final monetary recap and distribution to legatees did not have a date; it now had an Administrator, Joseph Lyles, in account with the estate of Joseph Lyles, Sr, dec'd. The distribution was not made in accord with the final instructions of the Judge of Probate. The date must have been much later since many new names have appeared, and Martha A. Liles signed a receipt in 1894. --from T.L.Hair's notes]
Amt rec from est of E.P. Verner
Amt rec from E.L. Herndon Total receipts
 
Paid fees of Judge of Probate Paid advertising Paid W.J. Stribling, Counsel Paid concessions on $390.50 rec
Paid concessions on $390.50 paid out
Total paid out Balance
$362.50
28.00
$390.50
 
10.50
5.50
25.00
9.76
9.51
$60.27
$330.23

[One-third of total to heirs of Westley Liles?--]

Ashbury Liles
J.O. Liles
Betsy Hare
James Liles
Tilda Liles
Emily Liles
$18.34
18.34
18.34
18.34
18.34
18.34

[One-third of total to heirs of Peninah Harbert?--]

Allen Harbert
Polly Harbert
James Harbert
Joseph Harbert
Betsy Sanders
Symantha Baldwin
Rebecca Harbert
Cena --?--
Susan Deaton
John Harbert's two chn Mrs. Bill Todd
$55.04
18.34
4.07
4.07
4.07
4.07
4.07
4.07
4.07
4.07
4.07

[One-third of total to heirs of Hugh Isham Lyles?--]]

Joseph Lyles
Eliza Lyles
Henry Lyles
Charlie Lyles
Amanda Powell
Hettie Moore
Addie Butt
John Lyles
Isabella Lyles
Anna Liles
Martha Liles
$36.68
12.22
3.05
3.05
3.05
3.05
3.05
3.05
3.05
3.05
36.68