LAW For Laypersons
Suppose a woman is married
and has under her care three small
children when her husband disap
pears on his way home from work.
A search is made, but he is not
found. He is gone for two days,
three days, then a week, then two
weeks.
Besides her concern for her hus
band, the wife must also be con
cerned for her material support, as
well as the support of her children.
Needless to say, her husband's
paycheck will not come in anymore
as long as he is gone.
If she does not work or does
not earn enough to support her
family, the wife must begin to
think about using money in savings
accounts or possibly selling some
real estate that they own or
perhaps even trying to get the pro
ceeds from life insurance policies
on her husband's life.
Her problem may be that the
savings account and the real estate
are in her husband's name, and the
life insurance company may not
want to pay out since it is not sure
that her husband is really dead.
Meanwhile, people continue to
present bills to her for expenses in
curred both before and after her
husband's disappearance. What
can the wife do?
North Carolina Genral Statutes
section 28-C provides a procedure
that can help the wife in fairly
short order.
She does not need to wait seven
years before her husband can be
declared dead so that she can get to
his assests.
The North Carolina law pro
vides that if her husband is absent
from his place of residence for a
period of 30 days or more and a
diligent inquiry has not located
him, then any interested person,
such as the wife, may start an ac
tion in the Superior Court in the
county where the husband lived.
Her complaint, which will in
stitute the action, should include
the name, age, occupation, and
last known address of her hus
band. In addition, it should in
clude the dates and circumstance
of his disappearance, a schedule of
all his property within the state,
the names and addresses of those
who would take his property if he
were dead, and the names and ad
dresses of all those who claim any
interest in his property.
Finally, the complaint should in
clude a prayer that a receiver be
appointed to take custody and con
trol of his property and manage it
until final disposition.
After the complaint is filed, the
judge of the Superior Court may
appoint a temporary receiver who
will take charge of the husband's
property and conserve it against
loss or deterioration until a full
hearing on the wife's complaint.
The General Statutes do not Rive
the temporary receiver any specific
duties or powers, but the judge has
the authority to tell him what he
should do with the husband's
assets until the full hearing.
112 HARRIS AVE.
RAEFORD, N.C.
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A/r. Businessman, Farmer,
Housewife, Doctor , Lawyer,
Everyone!
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875-5061
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LEGALS
CREDITOR'S NOTICE
All persons, firms and corpora
tions having claims against Lonnie
McDonald Chason, deceased, are
hereby notified to exhibit them to
Mary C. McKenzie A Charles M.
Chason, Route 1, Box 130- A
Lumber Bridge, N.C. 28357, as?co
executors of the decedent's estate
on or before the 30th day of June,
1983, or be barred from their
recovery. Debtors of the decedent
are asked to make immediate pay
ment to the above named co
executors.
This the 30th day of December,
1982.
Mary C. McKenzie
Charles M. Chason
co-executors
Willcox & McFadyen
Attorneys at Law,
P.O. Box 126
Raeford, North Carolina 28376
36-39C
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
82-E-95
82-8-153
STATE OF NORTH CAROLINA
HOKE COUNTY
EXECUTOR'S NOTICE
Having qualified as Executrix of
the estate of Richard Alton Norris
of Hoke County, North Carolina,
this is to notify all persons having
claims against the estate of said
Richard Alton Norris to present
them to the undersigned within 6
months from date of thepublica
tion of this notice or same will be
pleaded in bar of their recovery.
All persons indebted to said estate
please make immediate payment.
This the 9th day of December,
1982.
Kitzy N. Jones
840 E. Donaldson Ave.
Raeford, N.C. 28376
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
BEFORE THE CLERK
FILE NO. 82 SP 54
NOTICE OF FOURTH RESALE
COUNTY OF HOKE
IN THE MATTER OF THE
SALE OF LAND OF JAMES C.
LENTZ and wife, LARUE B.
LENTZ, UNDER FORECLO
SURE OF DEED OF TRUST TO
BOBBY BURNS McNEILL,
TRUSTEE, RECORDED IN
BOOK 197, at page 143, HOKE
COUNTY PUBLIC REGISTRY.
WHEREAS, the undersigned,
acting as Trustee, in a certain Deed
of Trust executed by JAMES C!
LENTZ and wife, LARUE B.
LENTZ, and recorded in Book
197, at Page 143, in the Office of
the Register of Deeds of Hoke
County, foreclosed and offered for
sale the land hereinafter described;
and whereas within the time allow
ed by law, an advanced bid was fil
ed with the Clerk of the Superior
Court and an order issued direc
ting the Trustee to resell said land
upon an opening bid of $5,000.00
(FIVE THOUSAND AND
NO/ 100 DOLLARS).
NOW, THEREFORE, under
and by virtue of said order of the
Clerk of the Superior Court of
Hoke County, and the power of
sale contained in said Deed of
Trust, the undersigned Trustee,
will offer for sale upon said open
ing bid at public auction to the
highest bidder for cash at the door
of the County Courthouse in
Raeford, Hoke County, North
Carolina, at 12:00 o'clock Noon
on the 19th day of January, 1983,
the following described property,
located in the City of Raeford,
Hoke County, North Carolina,
and
BEGINNING at the Northwest
corner of Younger Snead residence
premises in the south margin of
Prospect Avenue, and runs thence
South 1-30 West 150 feet to a
stake; thence N 88-30 West 125
feet to a stake, O.L. Crowder's
corner; thence as dividing line be
tween said Crowder and Lentz,
North 1-30 East 150 feet to a stake
in the south margin of said
Avenue, also Crowder's corner;
thence along the margin of said
Avenue, South 88-30 East 125 feet
to the BEGINNING, running
around and embracing the
premises known and used as Lentz
Mortuary and Funeral Home.
This being the same property
conveyed to James C. Lentz and
wife, Larue B. Lentz by Ad
ministrator of Veterans Affairs
and as recorded in Book 196, at
Page 130 of the Hoke County
Public Registry to which reference
is hereby made.
This sale will be made subject to
all outstanding taxes, if any, and
prior liens of record, if any.
This sale will also be made sub
LEGALS
ject to rights of the United States
Government to redeem the proper
ty according to the Federal Tax
Lien laws.
CASH DEPOSIT: Ten per cent '
(10^0 of the first $1,000.00 and
five per cent (5^o) on any addi
tional amount bid will be requested
at the sale.
Done, the 28th day of
December, 1982.
BOBBY BURNS McNEILL,
TRUSTEE
HOSTETLER & McNEILL
ATTORNEYS AT LAW
RAEFORD, N.C.
37-38C
IN THE GENERAL COURT
OF JUSTICE
SUPERIOR COURT DIVISION
82 SP 61
NORTH CAROLINA
HOKE COUNTY
NOTICE OF RESALE
LINDA B. LAMONT and hus
band, ANDREW M. LAMONT
Petitioners
vs.
ANN L. FAIRCLOTH and hus
band, WYMAN FAIRCLOTH,
and BOBBY BURNS MCNEILL,
Guardian ad Litem for AUDRA
C. LAMONT, a minor
Respondents
Under and by virtue of the
Order of Resale of the Clerk of
Superior Court of Hoke County
entered in the special proceeding
entitled above on December 20,
1982, the undersigned Commis
sioner will, on the 7th day of
January, 1983 at 12:00 o'clock
noon at the door of the Hoke
County Courthouse, Raeford,
North Carolina, offer for sale to (
the highest bidder for cash that
certain tract of land lying and be
ing in McLauchlin Township,
Hoke County, North Carolina,
and being more particularly
described as follows:
LYING AND BEING in
McLauchlin Township, Hoke
County, North Carolina
BEGINNING at an iron stake 3
feet northeast of a telephone pole
and 59 Vi feet north of a cedar tree !
in the east edge of the Layton yard
and runs thence S 42 W 190 feet to
a stake; thence S 48 E 270 feet to a
stake in pasture; thence N 42 E 190
feet to a stake in field; thence N 48
W 270 feet to the BEGINNING
containing 1.17 acres.
This lot is completely surround
ed by the land of W.M. Brock.
The bidding for the said land
will begin at Fifteen Thousand j
Eight Hundred Seventy-Five and
no/100 ($15,875.00) Dollars. The
highest bidder at the sale is re
quired to deposit ten (10) percent
of the bid price with the Commis
sioner pending confirmation of the
sale by the Clerk of Court. The
balance of the sales price will be
due and payable in full thirty (30)
days after confirmation of the sale
by the Clerk of Court.
This the 21 day of December, '
1982.
Duncan B. McFadyen, III,
Commissioner
Willcox & McFadyen
P.O. Box 126
Raeford, North Carolina
28376
Telephone: (919) 875-4065
36-37C
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