J.M. Lewter, et al vs Sarah Lewter Filed 13 April 18762281State of Tennessee
Giles County J. Noble Sweetson (?)
Attorney and agent for complaintants in the forgoing bill do solumnly swear that the statements therein made including the statements of the ages and residences of defendants are true to the best of my knowledge in formation and belief.
Sworn to and subscribed before me April 13, 1876 N. Smithson
Jno T. Ron D.C.
To The County Court of Giles County, Tennessee
James M. Lewter, Mathias T. Lewter, J.C. Scott and wife Sarah Scott, Wiley P. Lewter, J.J. Broadway and wife Celestia Broadway and Robt. Coffman, citizens of Giles County; Alexander Bunford (Burford) and his wife Jane Burford, citizens of Mississippi.
Complaintants
vs
Sarah M. Lewter, guradian of Mary M. Lewter, Susan Lewter, Silas R. Boswell, Alphonso Boswell, Margaret Lewter, William Lewter, Eva Lilian Lewter, Fannie Lewter, Jesse T. Lewter, Thomas Newman, and his wife Alice Newman, citizens of Giles County; Zeus M. Grubbs (?) guardian of Edward Lewter, citizen of Lincoln County; Edward Lewter citizen of Ala.; Thomas Williamson and his wife Mary Williamson, citizens of Mississippi; William McNeeley and wife Mary McNeeley, Bess F. Freeman and his wife Euirly Freeman, John W. Williamson and his wife Celestia Williamson and James J. McWilliams, citizens of Texas.
Defendants
Complaintants respectfully show unto your Honor that Kinchen Lewter Sr. formley of Giles County, died at his residence in said county in September, 1868, interstate, leaving his widow Jane Lewter and his four children to wit: Complaintants James M. Lewter, Mathias T. Lewter, and Jane Burford, wife of Alexander Burford,a nd Kinchen D. Lewter, who died since the death of said Kinchen Lewter, Sr. and the children of his five deceased children to wit: Henry Lewter, Rebecca Scott, Mary Coffman, William Lewter, and Lucretia McWilliams, his only heirs.
His son Henry Lewter died before he did leaving complaintants Sarah Scott, Wiley P. Lewter, and Celestia Broadway and defendants Mary Lewter and Susan Lewter his only children and representatives. Said Mary and Susan Lewter are minors and defendant Sarah A. Lewter is their regular guardian.
His daughter Rebecca Scott also died before he did leaving her daughtert Annie who afterwards married defendant Silas B. Boswell by whom she had defendant Alphonso Boswell and died. Said Alphonso Boswell is a minor and has no regular guardian. Said Rebecca Scott also left two other daughters surviving her as her only children and representatives, to wit: defendants Mary McNeeley and Alice Newman.
His daughter Mary Coffman died before he did leaving as her only child and representative Robert Coffman.
His son William Lewter also died before his death leaving as his only child and representive defendant Edward Lewter who is a minor and defendant Zerroh Crubbs is his regular guardian.
Lucretia McWilliams another daughter died before he did leaving defendants Emily Freeman, Mary Williamson, Celestia Williamson, and James J. McWilliams and Walter McWilliams, her only children and representatives; and the said Walter McWilliams died interstate and without issue since the death of said Kinchen Lewter, Sr.
Kinchen D. Lewter, son of Kinchen Lewter Sr. died since the death of his father interstate leaving defendants Margaret Lewter his widow and defendants William Lewter, Eva Lilian Lewter, Fannie Lewter and Jesse T. Lewter his only children and heirs, his said children to wit, the last named four are minors and have no regular guardian.
Said Kinchen Lewter Sr. died ____?____ and possessed of a tract of about 400 acres of land lying in the 1st Civil District of Giles County. All of said land have been sold under the orders of the Chancery Court of Giles County in the cause of James M. Lewter against Margaret Lewter except about 124 to 130 acres thereof allotted to said Jane Lewter as widow of said Kinchen Lewter, Sr. as her dower and wearly all the proceeds thereof distributed among the heirs.
Said Jane Lewter is now dead and said tract has never been partitioned or sold and all the parties above named have and hold the same as tenants in common as heirs of said Kinchen Lewter.
Said dower tract is described as follows:
"Beginning at a large sassafras corner of the orginal survey and running thence N. with the same to a corner a large hickory now dead 41 poles; thence W. passing orginal corner at 22 poles, in all 41 poles to a small ash; thence S 195 poles to a stake with black gum, black oak, and sour-wood pointer; thence E. 84 poles to a stake in old field; thence N. 59 deg. E 70 poles to a small black oak in the EB of orginal survey; thence with the same north 8 deg. W. to corner stake 22 poles; thence with the same north 40 deg. W to a corner a stake 28 poles. Thence with same N 18 deg. W 28 poles; thence with same N 14 poles to a stake at Beaty Fence; thence N 45 deg. W 30 poles to a stake in the NB of orginal survey; thence W with same 57 poles to the beginning lying inCivil Dist #1 of Giles County on the South side of Elk River !
and on the head water of Piney Creek.
Said dower was assigned her by degree of this court entered July 5, 1869 on Minute Book No. 2.179 to which reference is here made.
There is only one settlement on said dower tract and no other settlements could be advantagesously made thereon. Abnout two-thirds of said dower tract are cleared, and there is but little timber on it except firewood.
Considering the No. of shares in said land and the fact that no other settlements can be made on said land it cannot be partitioned among those interested thereon. It would be manifestly for the advantage of the parties to sell said dower tract and divide the proceeds among them instead of partitioning the same. Complaintants are more than 21 years of age and are entittled to have their shares in said dower tract as heirs of Kinchen Lewter set off to them in severalty or sold for division.
Complaintants submitt to the Court whether defendant Silas R. Boswell is entittled to his life estate in the shares of his deceased wife Ann E. Boswell as tenant by the curtesy and also whether defendant Margaret Lewter is entitled to dower in the shares of Kinchen D. Lewter, deceased.
Said dower tract is not very valuable land and is not likely to increase in value for a long time to come if ever. Besides land in it's condition usually decreases in value for want of repairing, etc.
A small portion of said dower was found to belong to one of the adjoining propreitors upon a resurvey; that is to say that there was a slight change in one of the lines cutting off 4 or 5 acres of the dower.
Complaintants have an estate of inheritance in said dower tract and are holding and in possesion thereof as tenants in common among themselves and with defendants by decent from said Kincehn Lewter, dec'd.
Promices considered compaintants pray that the persons above named as defendants be made parties defendants Spa. and publication and that they be required to appear and answer this bill (but an answer under oath is expressly waivered) and that guardian as liteum be appointed and that said land be sold and the proceeds divided and the rights of all paries settled by degree of this court.
And for all other finances and proper relief.
Copies of Letters to Postmaster, Williams Mills, NC in answer to advertisements for settlement of Henry Lewter Estate in Chatham County, NC
2281Arkadelphia, Ark. Clark County
May 19, 1886
Postmast
Williams Mills, NC
Dear Sir,
I noticed an advertisement in a news paper stating that the heirs of Kinchen and Joseph Lewter could hear something to their interest by addressing you. I take this method of introducing myself to you as a son of Kinchen Lewter who left that country some 50 years ago...now living in Arkadelphia, Clark County, Arkansas. Hoping to hear from you soon. Yours
M.C. Lewter
I will further say that our father has bin dead for years, myself and one brother is all of Kinchen Lewter family that is now living.
Mathias Lewter
Write to me as soon as you get this letter and let me know what you want and oblige yours.
************************************************
Arkadelphia, Ark. Clark County
4 June 1886
H.D. Mason, P.M.
Williams Mill, NC
Dear Sir,
Your letter of May 28 has just reached me and contents noted. I now proceed to give you what I can remember of my NC kindred from memory entirely.
My fathers name was Kinchen Lewter. I had an uncle Henry K. Lewter who moved to Tenn. about the year 1826-27. (I was with my father - a boy about 10 years old and may not give exact date). My grandmother Lewter moved with my father and uncle to Tennessee. I always called her Grand Ma. But I think the negroes called her Miss Sallie. She died about 18 years ago. We have the family Bible.
My mother's name was Jinsey or Josey Marden Fason or Faison. She died in Giles County, Elkton, Tenn. (My father and Grandmother died there also since the late war between the States and are known to all the old settlers.
My father and mother raised 8 children, seven still living, 2 in Ark. The balance in Tennessee about Elkton and Columbia.
My Uncle Henry K. Lewter is dead. Lived on the line of Alabama and Tenn., near Elkton. He left five children, grown, married and scattered about.
I cannot now recall any of the Lewters in NC except Wiley Lewter who kept tavern at the forks of the road (name of place not remembered).
My mother's brothers were Dick and Jim Faison or Fason. I also remeber Jim Woods who, I think, was a brother of my grandmother.
I am now 68 years old and the matters that I have been attempting to recall happened about fifty eight years ago, and I may not be very accurate, but as I understand your letter you simply want to identify the heirs of Kinchen Lewter.
Now in conclusion I can show by the Govenor of the State, Simon F. Hughs, or my representative in Congress Hon. C. McRae or by my US Senator John James K. Jones - and by my attorney H.W.M. Millan who is a native of NC, Robeson County and educated at Chapel Hill, graduated there in 1855, who and what I am now. Please write me fully about what there is in this matter.
Yours
(signed) M T. Lewter
************************************************
Elkton, Tenn.
9 Aug. 1886
Mr. H.D. Mason, P.M.
Williams Mill, Chatham Co., NC
Sir,
Yours received and contents noted. I am inclined to believe that we are the ones alluded too. As none of the old people from NC hever heard of anyone but my father named Kinchen. And for boys to be born after father left and named Kinchen and grew up to 18 or 20 years old they could not have gone from NC 40 or 50 y. I don't want to claim anything unless it is just. Below I give you some of the posterity so you may not mind answering these questions.
1st. What amt is pending. 2nd. is it by wil or comon heirship. 3rd Who is the maker of the will or whose estate is it. 4th How long has will been made and has your Kinchen Lewter and Sisters or sisters heirs in NC.....have you heard of any other Kinchen get who moved west 50 y ago.
M.G. Lewter of Arkadelphia, Ark. is my only bro. living. I don't know what he has written you..But I will say that Kinchen and his bro Henry & their mother Sarah came from North hampton Co., NC near Jackson....Hardy Lewter married Jacob Bunn daughter and begat Elias Lewter who married Sarah Wood who is father and mother of Kinchen and Henry Lewter. I think there must be a mistake in the name of Joseph instead of Henry. Hardy Lewter lived near Raleigh, and I suppose has other sons beside Elias. Now you can answer all my questions and tell me what the valuable news is that the papers speak of. I would like to know the particulars whether you think I am interested or not....you have the Bunn, Woods & Lewter family as a connection of mine and my mother was a Faison. Write soon and give me the particulars.
Yours Resply
(signed) James M. Lewter