Tabor City tribune. (Tabor City, N.C.) 1946-1991, 1956-11-14
Sara Cox
Case
Settled


mentioned in all three of Mrs.
Cox's will, including the last
one and would have received
approximately the compromise
amount had no lawsuit been
held.
Receiving the stipulated a
mount in settlement were Mrs.
\Ieta Baggett Borop, of Aiken,
S. c., and Mrs. Margaret Bag
gett Dolan, of Chapel Hill. The
nieces were to receive one half
of the cash residue of the Sara
B. Cox estate by the contested
will after debts, funeral cXpen-
SeS, executor fees, and other eX-
penseS were deducted. This
would have amounted to slight
ly more than the settled upon
amount.
The remaining one half Of
the cash residue by the will is
to 60 to Thomasville Orphanage
and student fund for Tabor
City school graduates. This fund
has now been greatly reduced
by attorney fees and court pro-
ceilings.
Judge Clawson Williams set
attorney fees at the time of the
compromise at $4,000 for the
challenging firms and $4,000
IN att -
total Of $4,000 was paid from
the cash residue of the estate. A
total of $3.50 was also paid from
the estate to two Florence doct-
ors who testified as medical ex-
pertS at the trial.
The official court record actu-
al conclusively bear out the.val-
idity of the will and the sound
,SeSs of Mrs. Cox'S mind at the
time it was written.
Mrs. Cox had left the bulk o
her estate to A. p. Rogers and
{. c. LeggStie. O: Tabor Cit.
and the challcngerS sought to
prove that Mrs. Cox was not
capable Of making the will at
the time il was written.
However. the official court re-
cord shows the following find
inGS:
. "G Was the paper writing
propoundcd, dated the LIST day
OF June, 1855. executed by Sara
b. Cox, according to the form
alitieS of the law required 10
make a valid last will and tesla
mcnt?" The courts answer was
yes"
"(2) At the time of the sign
ing and executing said paper
writing did said Sara B. Cox
S'ave sufficient mental capacity
to make and execute and valid
last will and testament" The
court said yes"
"(3) Was the executing of the
paper writing, propounded in
this cause, procured by undue
influence, as alleged" The court
said mo"
90 Is the said paper writing
referred to in issue No. !, pro-
xtunded in this cause, and every
part thereof, the last will and
testament of Sara B. Cox, de-
Ceased?" The court said Eyes"
Thus, in all four allegations
by the challengers. the court
ruled on the side of the defense
Trial of tie case began last
Wednesday with a selection of
the jury. and consumed the day
Thursday with presentation Of
witnesses defending the Wills
Validity.
A settlement was reached on
Friday after witnesses testified
TO the sounGneSS Of Mrs. Cox'S
mind. Attorneys for both sides
reached the settlement in the
Judges chambers and the above
stated judgement was rendered
by Judge williams.
Principal witnesses for the de-
tenders of the will were Ben l..
ES,Smith. Jr.. Tabor City bank
or: who testified to the sound
ness Of Mrs. Cox's mind and the
validity OF Mrs. Cox's signature.
DR.. NJ. II. Moblcy and DR.. Har-
ris S. Allen. of Florence. and DR..
r. NJ. Williamson, Of Tabor City,
who testified to the soundncss
of the mind Of Mrs. Cox.
r. r. Rogers, trust officer for
a Wilmington bank, told Of pre-
i.ous unsigned wills he had
drawn for Mrs Cox
Powell & Powell, f. K Proct-
or and d. F. McGougan. Jr.,
were attorneys for the defenders
of the will and we're awarded
$4,000 by Judge Williams. Pow
ell, Lee & Lee, Jim Nance, of
Fayetteville, and A. r. Taylor
and Robert Morgan, Of Jilling-
ton, were attorneys for the con-
testants Of the will and were a
brded total Of $4,000 by the
judge.
Continued On Page 81
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