17 | May | 2013 | Fourth Generation Inclusive

May 17, 2013

Burnett shares his estate.

In the name of God, Amen, I David Burnett of the County of Cumberland & State of North Carolina being of Sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make or ordain publish and declare this to be my last Will and testament, That it to say, first that after all my lawful debts are paid and discharged, the residue of my estate real & personal I give bequeath and dispose of as follows to wit: to my beloved wife Jane Burnett the land and appurtenances, whereon I now live located in 71^st Township in the County of Cumberland & State of North Carolina during her natural life, and after her death to be equally divided among my daughters, Mary Catherine, Elisabeth Ann, Sarah Elisa, Laura Columbia, Amanda Carolina & Sudy Jane, To my wife Jane & my daughter Sarah Elisa, I give and bequeath my horse, To my daughter I give bequeath (Mary Cathrine) all my stock of Cattle, To my wife & Sarah Elisa I give and bequeath all my hogs, to my son John Henry Five dollars in money & my wearing apperall, if I should have any left; I give bequeath & devise all the rest & residue & remainder of my personal effects to my wife and daughters Like wise I make contribute and appoint my friend Daniel C. Munroe of 71st Township in the County of Cumberland & State of North Carolina to be my executor of this my last will & testament hereby revoking all former wills made by me, In witness whereof I have known to subscribed my name and affixed my seal the second day of December AD 1872 David X Burnett

Witness Wm. John X Chavers, D. McDugald

Proved 19 January 1884. Will Book E, Page 331, Register of Deeds Office, Cumberland County, Fayetteville.

On 12 December 1884, David Burnett’s executor, Daniel C. Monroe, filed a petition to sell lands for assets. Neill R. Blue, Alexander McKethan, John A. Monroe, Jane Burnett (widow), Mary Manuel, Catharine Burnett, Elizabeth Ann Chavers, Sarah Eliza Oxendine, Laura Columbia Williams, Amanda Carolina Burnett and Lundy Jane Burnett, minors, and John Burnett were named as defendants. Monroe noted that Burnett’s debts were about $250; that his personal estate had no value and was insufficient to set off a one-year widow’s allowance; that Burnett’s real property consisted of two tracts received from his father Jesse Burnett, totaling 150 acres, and located on Middle Creek between Buies Creek and Little Rockfish and between Little Rockfish and Middle Creek in 71^st township; that Burnett’s widow Jane remained in his dwelling house on said tracts; that there were various claims on parts of the tracts; and that all the defendants lived in Cumberland County. Other documents listed Burnett’s widow as “Jennette” Burnett and identified his daughter’s husbands as Jacob Manuel, William Chavers and Alexander Oxendine. Executors released and quitclaimed the 25 acres above to the widow and heirs. It contained a house and a graveyard.

From the file of David Burnett, Cumberland County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

In the 1860 census of Western Division, Cumberland County: David Burnett, 42, farmer, wife Jane, and children Mary, 12, Elizabeth, 10, Sarah, 9, John, 4, and Laura, 4 months. Next door: Jesse Burnett, 70, and wife Elizabeth Burnett,72.

May 17, 2013

They talked about their service and privations together.

State of North Carolina Wak County pearsonally appeared before us Nancey Whitehead widow of Burwell Whitehead Aged ninety years and made oath in Dew form of Law to following affidaved

That She was Raised in the County of hallifax and State of North Carolina and that She was pearsonally Acquanited with Axum Scot and that they was Both Raised in the Same neighbourhood and Lived in a mile of Each other and that She well recollects that he married Alley Sweat and in a Short time after thear mariage had a Son they named him Zachariah and further this Deponent Saith not Sworn to and Subscribed before is August 13^th 1846 Nancey X Whitehead

[illegible} JP, Tignall Jones JP

—–

State of North Carolina, Wake County } Personally appeared before me Tignal Jones an acting Justice of the peace for said County on the 13^th day of August 1845 Gilbert Evans aged fifty seven years and made oath to the following affidavit

That he was personally acquainted with Exum Scott for many years and often heard him speak of his services in the revolutionary War and heard him talk of his distress in leaving home to enter the army. And this deponent further saith that he has often heard his father (William Evans) who was also a revolutionary Soldier speak of the said Exum Scott as a Soldier of the revolution and also has heard them talking together of their services & privations together in the war and saith that the said Scott was always bore the Character of a revolutionary Soldier and always treated as such

Sworn to and subscribed before me the day & date first written Gilbert X Evans

—–

State of North Carolina, Wake County } This day Barney Scott of Granville County appears before me Tignal Jones a Justice of the peace of said County and made oath that he is the third son of Exum and Alley Scott that he is now as he believes 68 years of age and that he recollects when his father returned home from the War and that he has often heard his father say that he served under Col Long of Halifax and often heard him talk of the War and his services in the War and heard him say he served eighteen months under Col Long and further that his father was always called an old revolutionary Soldier & always treated as such and also had heard his father say that Jesse Potts was his Captain and that his father died in Wake County about the year 1823. Sworn to & subscribed before me this 23^rd day of July AD 1845 Barney X Scott

Witness Tignall Jones JP

—–

Widow Alley Sweatt Scott and son Zachary Scott, among others, also gave affidavits attesting to Exum Scott’s marital status and war service. There was testimony that Exum and Alley married in 1774 in Halifax County and that they moved to Wake County about 1801. George Pettiford of Granville County, himself a Revolutionary War veteran, gave an affidavit concerning Scott’s service, and other documents named a third son, Guilford Scott.

From the file of Exum Scott, Revolutionary War Pension and Bounty-Land Warrant Application Files, National Archives and Records Administration.

In the 1790 census of Edgecombe District, Halifax County: Exum Scott listed as head of a household of 9 free people of color.

May 17, 2013

Surnames: Ashe County, 1860.

The following surnames are found among free people of color in Ashe County in the 1860 census: ANDERSON, BARLEY, BASS, BRACINS, BROWN, DUNKIN, EVANS, FOE, GAIN, GILLY, GOINS/GOWIN, GRIMES, GRINTON, HARRIS, JOHNSON, JONES, RIDDER, RIDDLE, TEDLINE, TOMPKINS, WATERS, WHITE and WIGGINS.