Barbara L. Dry vs Charles Dry, John R. Dry and Others

 On 2 Feb 1897, Phillip Wiley Dry, son of Solomon Dry and Esther Melchor and husband of Barbara L. Bost passed away leaving an estate of both personal and real property.

Suit was made whereas the plaintiff above named has begun an action in said Court for dower and thirds in the lands of her late husband, P. W. Dry described in the complaint of the plaintiff , to-wit: About 100 acres in No. township. Cabarrus county, adjoining the lands of Charley Bost, Reed and Allison, Wesley Cassell and Henry Bost. The same is the land on which the said widow now resides.

Suit:

SUPERIOR COURT. Barbara L. Dry, Plaintiff, vs. Charles Dry, John R. Dry, Mary J. Ross and husband, Cornelius Ross, Lindy C. Bryant and husband, John W. Bryant, Bettie Smith and husband, R. L. Smith, Defendants.

It appearing to the satisfaction of the Court from the return of M. I. Buchanan, Sheriff of Cabarrus county, N. C, and from the affidavit of L. T. Hartsell, filed In the above entitled action, that John R. Dry, Lundy C. Bryant, and husband; John W. Bryant, Bettie Smith and husband, R. L. Smith, are nonresidents of this State, and after due diligence cannot be found within the State of North Carolina, and are necessary and proper parties to the above entitled action, and whereas the plaintiff above named has begun an action in said Court for dower and thirds in the lands of her late husband, P. W. Dry described in the complaint of the plaintiff, to-wit: About 100 acres in No. township. Cabarrus county, adjoining the lands of Charley Bost, Reed and Allison, Wesley Cassell and Henry Bost. The same is the land on which the said widow now resides.

And whereas, the said defendants John Dry, Lundy C. Bryant and husband, John W Bryant. Bettie Smith and husband R. L. Smith, have an interest actual or contingent as heirs of law of said P. W. Dry in said lands.

Now, therefore, the said John R. Dry. Lundy C. Bryant and husband, John W. Bryant, Bettie Smith and husband, R. L. Smith, are hereby notified that unless they be and appear at the office of the Clerk of the Superior Court of said County and State aforesaid on or before the 15th day of November, and plead, answer or demur to the complaint of the plaintiff in this action, that the plaintiff will apply to the Court for the relief demanded in the complaint and for costs of action. This 27th day of September, 1897.

Sep 30-8w                                                 JAS. C. GIBSON,

Clerk Superior Clerk.

Court Action:

COMMISSIONER'S SALE OF LAND Under authority and by virtue of a decree of the Superior Court of Cabarrus County, in a special proceeding entitled Geo. F. Barnhardt, Administrator P. W. Dry, against Chas, Dry. John R. Dry and others, defendants in the above entitled action, to sell land for assets to pay debts, I will, as administrator and commissioner, on Monday, the 3rd day of July, 1899, at 12 o'clock, sell to the highest bidder, at the Court House door in Concord, N. C, the following described land in said County near Bear Cold Spring, viz : About 100 acres in No. township, Cabarrus county, adjoining the lands of Charles Bost, Reed A Allison, Wesley Cassell and Henry Bost, the same being the lands upon which P. W. Dry lived, less the 29 acres of said tract allotted to Barbara L Dry as dower as recorded in office of Clerk Superior Court, Cabarrus county, in book orders and decrees, No. 4, pages 413 and 415. Terms: One third cash, Balance purchase money due in 6 months from date of sale, interest 6 per cent, per annum, with approved security.

                                                                       Geo. F. BARNHARDT,

May 31, 1898.                                                    Commis'r,

Morrison Caldwell, Att'y,

Phillip Wiley was married 3 times. In addition to the 5 children named in the above legal action, Phillip and Barbara had two sons who are deceased, Herman and Henry S. Dry. Mary Jane Ross in the above action is a daughter of his 1st wife, Leah Ridenhour. There were no children of his 2nd wife, Susan/Sarah Bost, widow of Henry Thomas.   

Barbara Leah (Bost) Dry died 21 February 1907. Phillip Wiley and Barbara Leah Dry are buried in the

Cold Springs United Methodist Church Cemetery, Concord, Cabarrus County, North Carolina. 

Phillip Wiley Dry is my 2nd Cousin 4 times Removed.

_________________

[1] Legal Notice-Superior Court, The Concord (NC) Times, Concord, Cabarrus County, North Carolina, 30 September 1897, Page 2, column 3. Action for Dower and 1/3 property.

[2] COMMISSIONER'S SALE OF LAND, The Standard, Concord, Cabarrus County, North Carolina, 1 June 1899, Page 2, column 8. 29 Acres dower and sale of remainder of land to pay debts.