[Part 1: Account Book of Martha L. Baldwin, 1909-1912, Sister of S.J. Justice

Bank of Hendersonville, Hendersonville, N.C., In Account With Martha L. Baldwin. Always bring your Book with Deposits. See that the Entries agree with your Tickets. Please leave your Book once a month for balancing. Young & Selden Co., Balto.

The First National Bank, Hendersonville, N.C. 6/12/1909
Your letter of the 12th received.

We credit
June 14 1909 100.00
By S.J. Justice 112.00
June 12 51.00
262.00

We debit
Check by S.J. Justice 10.00
for Martha L. Baldwin 12.00
Oct. 11, Lorcan Merrell 17.00
Dec. 11, Ludli(?) and Lorcan increased 10.00
for Dec. 7.00, Lor.(?) 1.00 8.00

We enter for collection
for Jay & Fuer(?) 18.00
Winch(?) '3 weeks' 5.18
80.18

OUTSIDE ITEMS CREDITED SUBJECT TO PAYMENT,
RESPECTFULLY,
J. MACK RHODES, Cashier
F.O. D. BARNARD & CO., ST. LOUIS

March 1, 1909 -- 10.00
July 23, 1909 -- 12.00
Oct. 11, 1909 -- 17.00
Dec. 11, 1909 -- 10.00
July 15, 1910 -- 8.00
March 5, 1910 -- 18.00
Apr. 18, 1910 -- 5.18
80.18 *

Hendersonville, N.C. Mch. 1st 1909, No. 1.
THE FIRST NATIONAL BANK OF HENDERSONVILLE.
Pay to the Order of S.J. Justice $10.00
Ten 00/100 DOLLARS
Signed, Martha L. Baldwin

Hendersonville, N.C. Oct. 11, 1909, No. 2
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to the Order of S.J. Justice $17.00
Seventeen 00/100 Dollars
On acc.(?) Lorcan(?) Merrell, Martha L. Baldwin by S.J. Justice

Hendersonville, N.C. July 23, 1909
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to S.J. Justice $12.00
Twelve 00/100 Dollars
Martha L. Baldwin by S.J. Justice

Hendersonville, N.C. April 18, 1910
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to the order of Martha L. Baldwin $5.18
Five and 18/100 Dollars
Martha L. Baldwin by S.J. Justice

Hendersonville, N.C. March 5th, 1910
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to the order of Martha L. Baldwin by S.J. Justice $18.00
Eighteen 00/100 Dollars
Martha L. Baldwin by S.J. Justice

Hendersonville, N.C. January 15, 1910
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to S.J. Justice or order $8.00
Eight 00/100 Dollars
for Lorcan(?) Merrell Martha L. Baldwin for S.J. Justice

Hendersonville, N.C. December 11, 1909
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to S.J. Justice or bearer $10.00
Ten 00/100 Dollars
Martha L. Baldwin for S.J. Justice

$112.00
Received of C.E. Fish(?) one hundred pence, twelve dollars to apply as a credit in agreement between Martha L. Baldwin and C.E. Fish for Sasmuel Murrell infant lands(?) on Abner Merrell line
This June 11 1909
S.J. Justice
for Martha L. Baldwin

FRUITLAND INSTITUTE
N.A. Melton, Principal
Hendersonville, N.C. Apr. 18, 1911
Received of S.J. Justice
Eighteen and 70/100 Dollars
For Merrell Boys' Expenses
N.A. Melton

Mr. S.J. Justice
To Fruitland Institute Dr.
To Tuition for April 1911
Academic Department -- $3.00
Intermediate Department
Primary Department
Music Department
Art Department
Elocution Department
Expenses in Girls' Home
Expenses in Boys' Home -- $11.50
Books -- .40
Account -- .80
Total 15.70
N.A. MELTON, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified

M. S.J. Justice, for Merrell Hendersonville, N.C. Mch. 23, 1911
To J.O. WILLIAMS DR
Dry Goods, Notions, and Clothing
2/18 Shoes 3.50 Pants 2.50 Tie 25 $6.25
Paid Mch. 23 - 1911
J. O. Williams

May 16 1910
RECEIVED OF C.E. Fish
50 Dollars
Fifty Dollars
M.L. Baldwin

FRUITLAND INSTITUTE
N.A. Melton, Principal
Hendersonville, N.C. March 24, 1911
Received of S.J. Justus
Twenty-four and 00/100 Dollars
For: Loren(?) and Samuel Merrell's Expenses
N.A. Melton

Mr. S.J. Justice
To Fruitland Institute Dr.
To Tuition for March 1911
Academic Department -- $3.00
Intermediate Department
Primary Department
Music Department
Art Department
Elocution Department
Back Account: 5.00 Boys' Home
Expenses in Girls' Home
Expenses in Boys' Home -- $11.00
Feb acct. -- 3.20
Borrowed -- 1.75
Total 24.00
N.A. MELTON, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified

Mr. S.J. Justice
To Fruitland Institute Dr.
To Tuition for February 1911
Academic Department --
Intermediate Department -- $2.25
Primary Department
Music Department
Art Department
Elocution Department
Expenses in Girls' Home
Expenses in Boys' Home -- $8.25
Incidentals -- 1.00
Total 11.50
N.A. MELTON, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified

Dr. Bank of Hendersonville, in account with Martha L. Baldwin Cr.
1909
Deposits Checks
Jan 14 100 -

Received of
C.E. Fish 9 dollars
Interest - Jan 7, 1910
Received of
C.E. Fish 50 dollars
in land May 16 1910
Received of C.E. Fish
65 sixty-five dollars
Jan. 7, 1911
Received of C.E. Fish
100 one hundred dollars
Aug. 3 1911
Oct. 14, 1912 by Pouch 118.50

Buffalo, SC
Dec. 10, 1909
Mr. SJ Justice
Dear sir I will write you a few lines concerning that land I bought from Martha. I am coming out there the 20th of this month I want you to notify Martha and make me a deed this time before I come back down here - I thought I would notify you as I will not have many days to stay up there. will close for this time and remain yours truly
C.E. Fish
Buffalo, S.C.

FRUITLAND INSTITUTE
H.H. McMILLAN, Principal
Hendersonville, N.C. 12-13, 1909
Received of Mr. S.J. Justice
Six and 40/100 Dollars
For cash need on Loren Merrell's account: this goes with Dec
H.H. McMillan

Mr. S.J. Justice
To Fruitland Institute Dr.
To Tuition for Loral Merrell Sept. 1909
Academic Department --
Intermediate Department -- $1.50
Primary Department
Music Department
Incidental fee $5.00
Art Department
Elocution Department
Expenses in Girls' Home
Expenses in Boys' Home -- $5.50
Total *$7.50
H. H. McMillan, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified

Mr. Sora Merrell
To Fruitland Institute Dr.
To Tuition for January 1910
Academic Department -- $1.50
Intermediate Department
Primary Department
Music Department
Art Department
Elocution Department
Expenses in Girls' Home
Expenses in Boys' Home -- $5.50
Incidental Fee -- .50
N.C. History -- 1.00
Total *$8.50
H.H. McMillan, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified

Mr. Sam Justice
To Fruitland Institute Dr.
To Tuition for March (3 wks) 1910
Academic Department 3 wks -- 1.12
Intermediate Department
Primary Department
Music Department
Art Department
Elocution Department
Expenses in Girls' Home
Expenses in Boys' Home -- $4.06
Total *$5.18
H.H. McMillan, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified

Mr. Soran Merrell
To Fruitland Institute Dr.
To Tuition for December 1909
Academic Department --
Intermediate Department -- $1.50
Primary Department
Music Department
Art Department
Elocution Department
Expenses in Girls' Home
Expenses in Boys' Home -- $5.50
Total *$7.00
H.H. McMillan, Principal
Tuition Rates:
Primary Department - - - - - $1.00 per Month
Intermediate, 1st year - - - - - 1.25 per Month
Intermediate, 2nd year - - - - - 1.50 per Month
Intermediate, 3rd year - - - - - 1.75 per Month
Academic, 1st year - - - - - 2.00 per Month
Academic, 2nd year - - - - - 2.50 per Month
Academic, 3rd year - - - - - 3.00 per Month
* Errors corrected, if notified


[Part 2: Check book of Martha L. Baldwin, 1911]


Martha L. Baldwin
March 23, 1911, by S.J. Justice

Hendersonville, N.C., March 23, 1911, No. 2
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to the order of J.O. Williams $6.25
Six and 25/100 Dollars
Needs for Loran Merrell Martha L. Baldwin by S.J. Justice

Hendersonville, N.C., March 23, 1911, No. 1
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to the order of N.A. Melton $24.00
Twenty four and 00/100 Dollars
For Loren and Samuel Merrell Martha L. Baldwin by S.J. Justice

Hendersonville, N.C., April 17, 1911, No. 3
THE FIRST NATIONAL BANK OF HENDERSONVILLE, N.C.
Pay to the order of N.A. Melton $18.70
Eighteen and 70/100 Dollars
Tuition and board Martha L. Baldwin by S.J. Justice

No. 1.
March 23, 1911
To: NA Melton
For: Bd. & tuition L & S
Dolls. Cts.
Bal bro't. for'd. 181 82
Amt. deposited 50 00
Total 231 82
Amt. check 24 00
Bal. car'd. for'd. 207 82


[Part 3: Various documents of Samuel J. Justice]


Received of C.E. Fish one Hundred Dollars in land this Aug. 8, 1911, Martha Baldwin.

STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE
THIS AGREEMENT made and entered into this the 9th day of January, A.D. 1909, by and between Martha L. Merrill, now Baldwin, Guardian of Samuel Merrill, infant, now twelve years of age, party of the first part, hereinafter called Baldwin, and C.E. Fish, party of the second part, thereinafter called Fish, all of the County and State aforesaid, WITNESSETH:
That the said Baldwin has agreed to sell to the said Fish and the said Fish has agreed to buy that piece or parcel of land allotted to the said Samuel Merrill in the partition proceeding between the heirs-at-law of Abner Merrill, adjoining the lands of Ed. Hair, W.A. Merrill, et al, on the waters of Cain Creek, at the prince of $500.00, $100.00 of which has been paid simultaneously with the execution of this agreement.
It is understood and agreed that the said sale will have to be confirmed and will be confirmed by the Superior Court of Buncombe County, after which the said Baldwin will execute to the said Fish a deed for the said land, upon which the said Fish shall execute and deliver to the said Baldwin four several notes for $100.00 each, due in one, two, three, and four years, with interest from date at 6%, payable annually; said notes to be secured by a mortgage or deed of trust upon said land.
It is also understood and agreed that in said mortgage there shall be a provision allowing the said Fish to cut and remove timber from said land as soon as, but not until as much as $250.00 shall have been paid upon the whole of said purchase money.
It is further understood and agreed that if for any reason the Court does not or will not confirm said sale, then the said Baldwin as Guardian shall pay back to the said Fish the said $100.00, with interest thereon at 6%.
It is also understood and agreed that the said Fish may clean up and put into cultivation that part of said land heretofore cultivated.
In Witness Whereof the said parties have hereunto set their hands and seals, thsi the day and year first above written.
S.J. Justice
Martha L. Baldwin, Guardian (Seal)
C.E. Fish

Hendersonville, N.C., Dec. 20, 1912
M Loren & Samuel Merrill
To FRUITLAND INSTITUTE Dr.
Academic Department
Intermediate Department 3.50
Primary Department (Nov) 3.50
Music Department
Art Department
Elocution Department
Incidental Fee
Medical Fee
Books (cash) 1.64
Sheet Music (class) 1.00
Piano Practice
Expenses in Girls' Home
Expenses in Boys' Home 16.00
Total 25.64
Paid Dec. 17th by S.J.J.
N.A. MELTON, Principal

Hendersonville, N.C., Dec. 7, 1912
M S.J. Justice
Bought of
M.M. SHEPHERD
GENERAL MERCHANDISE
Terms Cash
All Bills Must be Paid at the End of Each Week or Month
1 pr. shoes for Merrill 3.50
Paid Dec. 17, 1912
Dec. 7 by cash S.J. Justice

Hendersonville, N.C., Oct. 9, 1912
M Martha L. Merrill by S.J. Justice
In account with
J.O. WILLIAMS
DRY GOODS
Clothing for Men and Boys, Shoes for Everyone
8-17 1 Suit(?) 10.00
1 " " 8.00
1 pr pants 2.50
9-7 1 pr shoes 3.00
23.50
Paid Oct 10, 1912
J.O. Williams

Skyland, N.C.
Oct. 14, 1912
Mr. S.J. Justice
Dear Sir,
Please find enclosed money order (118.50) for last payment on the Sammie Merrell land for which send me the deed soon as possible.
Yours truly, C.E. Fish

Marcus Erwin,
Clerk of the Superior Court of Buncombe County
Sept. 30, 1911
Messrs. J.F. & S.J. Justice
Attorneys at law,
Hendersonville, N.C.
Gentlemen;
I have this day signed the order of sale in the Merrell proceeding. You may proceed to conclude the transaction by making the deed and taking the notes and deed of trust to secure the balance.
Judge Carter is in Wilmington, N.C., and the Judge who is now riding this District, Judge Foushee is sick and not able to attend the courts, so I am at a loss to know what to about the confirmation unless you want to send the papers to Wilmington to Judge Carter. I believe the statute provides the resident judge shall confirm.
Yours truly,
Marcus Erwin,
Clerk &c.

Smith & Schenk,
Lawyers,
Hendersonville, N.C.,
De. 21st, 1909
Mrs. Martha L. Baldwin,
Skyland, N.C.
Dear Madam:
We have prepared a petition seeking for a decree of the sale of your wards' lands, which you will please take to the Clerk at Asheville and verify and take with you one or two witnesses to that the Clerk may examine them rigidly with respect to the facts stated in the petition as to the value of the land and adequacy of the price. We have also prepared an appropriate decree for the Clerk and for the judge.
Your brother, Mr. S.J. Justice, will understand and advise you on how to proceed.
Very respectfully,
Smith & Schenk
State of North Carolina
County of Buncombe
THIS AGREEMENT made and entered into this the 9th day of January, A.D. 1909. by and between Martha L. Merrill, now Baldwin, Guardian of Samuel Merrill, infant, now twelve years of age, party of the first part, hereinafter called Baldwin, and C.E. Fish, party of the second part, thereinafter called Fish, all of the County and State aforesaid, WITNESSETH:
That the said Baldwin has agreed to sell to the said Fish and the said Fish has agreed to buy that piece or parcel of land allotted to the said Samuel Merrill in the partition proceeding between the heirs-at-law of Abner Merrill, adjoining the lands of Ed. Hair, W.A. Merrill, et al, on the waters of Cain Creek, at the prince of $500.00, $100.00 of which has been paid simultaneously with the execution of this agreement.
It is understood and agreed that the said sale will have to be confirmed and will be confirmed by the Superior Court of Buncombe County, after which the said Baldwin will execute to the said Fish a deed for the said land, upon which the said Fish shall execute and deliver to the said Baldwin four several notes for $100.00 each, due in one, two, three, and four years, with interest from date at 6%, payable annually; said notes to be secured by a mortgage or deed of trust upon said land.
It is also understood and agreed that in said mortgage there shall be a provision allowing the said Fish to cut and remove timber from said land as soon as, but not until as much as $250.00 shall have been paid upon the whole of said purchase money.
It is further understood and agreed that if for any reason the Court does not or will not confirm said sale, then the said Baldwin as Guardian shall pay back to the said Fish the said $100.00, with interest thereon at 6%.
It is also understood and agreed that the said Fish may clean up and put into cultivation that part of said land heretofore cultivated.
In Witness Whereof the said parties have hereunto set their hands and seals, thsi the day and year first above written.
S.J. Justice
Martha L. Baldwin, Guardian (Seal)
C.E. Fish
State of North Carolina, County of Buncombe
In The Superior Court before the Clerk,
In the Matter of Martha L. Merrill, (Now Baldwin) Guardian of Samuel Merrill and Loran Merrill, Petition.
EX PARTE
To the Superior Court of Buncombe County:
Your petitioner in petitioning the Court, respectfully represents:
That some years ago, by the death of her husband, Abner Merrill, she was left a widow with two children, Samuel and Loran Merrill; that her husband left a small estate. That the personal property belonging to her said wards amounted to less than $50.00 each. That the land belonging to said estate had to be divided between her children and an older set of children by her husband and a former wife, so that the land allotted to her children in the partition was of small value. That at the time she qualified as Guardian, none of her said wards had reached the school age. At this time, Loran is seventeen and Samuel fifteen years of age. That the said Guardian had no property whatever except her dower, household and kitchen furniture and a small debt coming to her from her brother, all of very little value and not sufficient to supply her with the necessary personal maintenance of her said wards. That she is in feeble health, almost an invalid, and unable to make a support for herself and children. That she has since the death of her husband, Merrill, again married a man named Vess Baldwin, who is now in the State of Montana, from whom she gets no assistance. That her children, the said wards, have sufficient intellect and inclination to take an education and are just at the period when if their education is neglected it will be very detrimental to their prospects in life. That she is their guardian and mother, and is ambitious for her children and hopes to get them a reasonable start in their life's battle, but she can not hope to help them unless she can be allowed to use the little property which they have to aid in their education.
That the land allotted to Samuel consists of unimproved land, most of it in original forest, and the balance cleared land that had been abandoned. That she has after much effort been able to sell Samuel's land about fifty acres, to one C.E. Fish, for $500.00, to be paid in installments of one-fifth cash, balance in one, two, three and four years, with interest at 6%, and has closed said trade subject to the approval of the Court.
That she has been unable to find a purchaser for Loran's land, after much effort, but hopes to be able to do so at the price to be received for Samuel's land. That she said price, $500.00, is a full and adequate consideration for said land, and that the sale of said land and the expenditure of the price thereof in the aid of her said wards in obtaining for them an education would, in the judgment of your petitioner, be an investment for said wards that would exceed in value to the many other investment that could possible be made.
WHEREFORE our petitioner prays the Court to make a decree authorizing her to conclude the sale with the said Fish for Samuel's land, and to hunt a purchaser for Loran's land, a the same price, to-wit: $500.00, and as in duty bound, your petitioner will ever pray. PETITIONER.
Martha L. Merrill (Baldwin), the petitioner above named being duly sworn, says that she has read the foregoing petition, and that the same is true except as to those maters stated on information and belief, and as to those matters she believes it to be true.
Sworn to and subscribed before me, this the day of ______________.
State of North Carolina, County of Buncombe,
In the Superior Court Before the Clerk,
In the Matter of Martha L. Merrill (now Baldwin) Guardian of Samuel Merrill and Loran Merrill, ex parte.
This case coming on to he heard before the Court and it appearing to the Court from the verified petition and also from the oral examination under oath of _________ carefully taken in writing and filed herewith, that $500 is a full and adequate consideration to be paid for the land of each of the petitioner's wards, and it also appearing to the Court that it is wise and providential that the said property should be used for the education of the said wards;
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the said Martha L. Merrill, guardian, shall be and is hereby authorized and fully empowered to conclude the sale entered into with C.E. Fish for the land belonging to Samuel Merrill, and also to find a purchaser, if possible, for the land belonging to Loran Merrill, at the price of $500, either for cash, or on reasonable terms, and that she report her action to the Court from time to time, for such other and further orders as may be necessary in the premises; and that she be allowed to expend for the education of said wards the interest on said money, and in addition thereto an amount not exceeding $100 per annum, for each of the said wards, to aid in the education of her said wards.
This _______ day,
______________________,
Clerk Superior Court
Buncombe County

State of North Carolina, County of Buncombe
In the Superior Court before the Clerk.
In the Matter of Martha L. Merrill, (now Baldwin) Guardian of Samuel Merrill and Loran Merrill,
EX PARTE.
This case coming on to be heard before _____________________________________ at chambers _____________________________________________________________ in the Fifteenth Judicial District, and after a careful examination of the petition and evidence taken before the Clerk, and submitted herewith, it is found as a fact that the consideration mentioned for the land of the wards of the petitioner is an adequate consideration, and that the best interests of the said wards will be promoted by the sale of said land and the investment of the proceeds in providing for said wards' education,
IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the order and decree of the Clerk shall be and is hereby in all things ratified and confirmed.
Judge of __________________ Judicial District at ___________.