Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Court Actions

The partition of Isaac Dove’s land.

STATE OF NORTH-CAROLINA.  To the Sheriff of Craven County, GREETING:

You are hereby commanded to summon Hardy L. Jones, James T. Jones Esqr., Gideon Jones, Joseph Davis & Benjamin Borden to meet at such place and at some time before the next Court, to be held for your County, on the second Monday of February next, as you shall seem fit, then and there to make partition of that part of the lands (which were formerly held in common between Isaac Dove and Anthony Brown) which belongs to the heirs of Isaac Dove and are situated in Craven County on the east side of Spring Branch between George Carter & Sukey his wife. Stephen Godett & Mary his wife. Gambo Fenner & Deborah his wife who own the lands on the east side of Spring-Branch, heirs at law of Isaac Dove deceased, in severalty. Herein fail not and return the proceedings of said Commissioners in this behalf to our Court of pleas and Quarter-Sessions to be held on the second Monday of February next, together with this writ.

Witness, JAMES G. STANLY, Clerk of our said Court, at Newbern, the second Monday of November in the 50th Year of our Independence,   A.D. 1825.  /s/ J.G. Stanly

ImageImage

In obiediece to the Annexed order we the undersigned commissioners have made partition of the Lands heretofore held in common between Isaac Dove and Anthony Brown we find two Hundred and thirty four acres which we divide Eaqually No 1 drawn by Isaac Doves heirs Begins at the patent corner pine and runing So 9 E 203 poles to a Stake thence N 75 W 218 pole and thence to the Beginning Cont’ing One Hundred and seventeen acres No 2 by Anthony Brown or William and Jacob Dove Begins at a poplar the corner of the patent and runing thence No 54 E 90 poles to the corner of No 1 thence along the line So 73 E 218 poles to the corner stake thence So 7 E 45 pole to the patent corner thence No 85 ½ W’t 278 poles to a white oak on Cohoque Creek then down the creek to the Beginning Containing 117 acres In witness whereof we have hereunto set our hands and seals this 4th day of February 1826  /s/ Hardy C. Jones, Gideon Jones, James T. Jones, Benj. Bordin

From the file of the estate of Isaac Dove, Craven County. North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

David and Louisa Jane Mills give all.

State of North Carolina, Nash County  }

I, David Mills of the County of the State and County aforesaid, being of sound mind and memory, but considering the uncertainty of my earthly existence do make this my last Will and testament in manner and form following, that is to say –

I give, devise and bequeath to my eldest son Mingo Mills forty six and one half acres of land in said State and County. Known as the Piece of land I bought of Parsons Rackley.

I give, devise and bequeath to my son Munro Mills The Joshua Mills tract of land on the north side of the Joshua Mills Spring branch containing about seventy acres.

I give, devise and bequeath to my son Henderson Thomas Mills One tract of land containing about Seventy acres and known as the land I bought from John R. Sutton.

I give, devise and bequeath to my youngest son David More Mills One tract of land containing one hundred acres more or less and known as my home tract where I now live. My will and desire is that my son David More Mills Pay to the balance of my heirs not above mentioned the Just a& full sum of fifty dollars out of the Piece of land that I give him above mentioned. The balance of my land which is the Thomas Mills Piece containing about fourteen and one half. And a part of the Joshua Mills tract lying on the South side of the Joshua Mills Spring branch containing about ten acres more or less is to be sold and the money equally divided among the following named heirs my son Joshua Mills lawfully children which is Wm. N. Mills & Arnal Mills one share. Frances Toney wife of Joseph Toney. Julie Ann Cordel, Manda Lucust, Lahara Wilkins wife of Eevin Wilkins. Nancy King, wife of Willie King Sevarine Jones, wife of Wm. Jones Lutora Hagans, wife of Frank Hagans.

All of the above mentioned heirs shall hold the above mentioned property in fee simple at my death. Provided that they maintain my wife Luizer Jane Mills, out of said property her life time or her widowhood. The balance of my property except my household and kitchen furniture, which I hereby give to my wife Luizer Jane Mills Is to be sold and equally divide among all my lawful heirs. And lastly, I do hereby constitute and appoint my trusty son Munro Mills my lawful executor to all intents and purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testaments by me heretofore made. In witness whereof I the said David Mills do hereunto set my hand and seal this 7th day of August A.D. 1889.    David X Mills {seal}

Witnesses Jas. W. Floyd, W.W. Manning

Proved 18 May 1891. Will Book 5, page 351, Office of Clerk of Superior Court, Nash County Courthouse, Nashville. 

[Sidenote: David Mills was his brother Thomas Mills’ sole heir. See Will Book 5, page 225. Joshua Mills was their father. – LYH]

———-

North Carolina, Nash County   }

I Luiza J. Mills of the State and County aforesaid, being of sound mind and memory but considering the uncertainty of my earthly existence do make this my last Will and testament in manner and form following — That is to say

(1)  That my executor hereinafter named shall provide for my body a decent burial, and pay all funeral expenses together with my just debts howsoever and to whomsoever owing out of the moneys that may first come into his hands as a part or parcel of my estate —

(2)  I give and bequeath to my son D.M. Mills at my death the following personal property, one bed now in his possession, one under & upper sheet one bed quilt, one blanket one pillow one bolster now in his possession one double barrel shot gun, known as his fathers gun. The balance of my household & kitchen furniture at my death is to be sold at highest bidder & money divided among the following named persons, Nick and Arnel Mills one share Amanda Lucas, one share – Lutora Hagans, one share – Lahara Wilkins, one share, Isaman S. Jones, one share – Nancy Ellen King, one share – Endy F. Toney, one share – July Ann Cordell one share.

I give & devise to my son D.M. Mills one a[illegible] named Ben now in his possession. The balance of my property if any at my death, including all notes & papers & land if any, is to be sold or collected as the case may be, and the money equally divided among my four sons which is Mingo Mills, Munro Mulls H.T. Mills and D.M. Mills.

And lastly I do hereby constitute & appoint my trusty son, Munro Mills my lawful Executor to all intents & purposes to execute this my last will and testament according to the true intent and meaning of the same and every part and clause thereof hereby revoking and declaring utterly void all other wills and testiments by me heretofore made. In witness whereof I the said Luizer J. Mills do hereunto set my hand and seal, This 28th day of Feby. A.D. 1898    Luiza J. X Mills

Signed sealed published and declared by the said Luiza J. Mills to be her last will & testament in the presence of us who at her request and in her presence do subscribe our names as witnesses thereto.  J.W. Floyd, J.L. Floyd

Proved 27 October 1900, Will Book 6, page 121. Office of Clerk of Superior Court, Nash County Courthouse, Nashville. 

David Mills married Jane Spears on 12 August 1847 in Nash County.  In the 1860 census of Mannings, Nash County: David Mills, 57, farmer, wife Jane, 34, and children William J., 12, Frances, 10, Julia, 8, Amanda, 6, Lahary, 3, and Minger, 2. [Sidenote: Louisa Jane Spears was a daughter of Silvia Spears. In summary, David and Louisa Jane’s children were William Joshua Mills, Frances Mills Toney, Julia Ann Mills Cordell, Amanda Mills Locust, Laharia Mills Wilkins, Mingo Mills, Isaman Sevarine Mills Jones, Munro W. Mills, Henderson Thomas Mills, Nancy E. Mills King, Lutora F. Mills Hagans, and David More Mills. – LYH]

The manumission of Dick and his wife Sally.

State of North Carolina, Chatham County   } I William Brantley of the State of North Carolina and County aforesaid, owner & possessor of a Negro man Dick and Saley his Wife for and consideration of his meritorious services and the further consideration of two hundred dollars to me in hand paid by the said Dick, the receipt whereof I hereby acknowledge, I do for myself my heirs Executors & administrators Manumit set free, and forever Quit claim to the said negro man Dick and Saley his Wife and I do hereby recommend them to the honorable General Assembly for their manumission legaly. In Witness whereof I have hereunto set my hand and Seal this 13 day of October in the Year of our Lord 1800.  /s/ William Brantley

Signed Sealed & delivered in presence of William Guthrie, Thomas Harrington, Blake Brantley

Her freedom has never been disputed.

State of North Carolina Onslow County

To all persons whom it may concern we the under Signed being called on to State what we Know concernning the Freedom of Nancy dove formerly Nancy Henderson do certify that Nancy Ann Henderson the Mother of the said Nancy Dove was a Free born white Woman and that the Freedom of the said Nancy Dove never has been disputed given under our hands this 3rd March 1860  /s/ John Mills {seal} Nancy Parker {seal}

Test J.W. Thompson X

—–

March Term 1860

Then was the above certificate proven in open Court by J.W. Thompson  /s/ Harvey(?) Cox

—–

State of North Carolina Onslow County   } Court of Pleas and Quarter Sessions March Term 1860

Then was the foregoing Certificate of John Mills and Nancy Parker duly proved in open Court by the Oath of Jonathan W. Thompson and Ordered to be registered  /s/ Jasper Etheridge

—–

State of North Carolina, Onslow County   } Registered in due form of law, April 14th 1860 – Book No 29, Folio 48.  /s/ Z.M. Coston Regr

Slave Records, Onslow County Records, North Carolina State Archives.

[Sidenote: Nancy Henderson, also known as Nancy Dove, was the sister of my great-great-great-great-grandmother, Patsey Henderson.  –LYH]

Onslow County Bastardy Bonds

Sib Craft named Asa Hammons, 11 October 1815.

Gatsy Dove named Virgil Crawford, 20 July 1846.

Patsy Dove named Hezekiah White, 17 July 1846.

In the 1850 census of Lower Richlands, Onslow County: Patsey, 30, and Esther Dove, 1, in the household of Elijah Murrill.

Elizabeth Griffin named Asa Hammons, 6 February 1826, 5 August 1826 and 2 November 1829.

Mary Whitehurst named [blank], 29 January 1850. James Henderson posted bond.

In the 1850 census of Lower Southwest: James White, 44, “Turp’t B[illegible],” wife Eliza, 32, and children Luke, 13, Wm., 11, James, 9, Hester, 6, Eliza Ann, 3, and Ben, 4 months, plus Mary, 21, and Clarky Ann, 5 months.

Bastardy Bonds, Onslow County Records, North Carolina State Archives.

Miles Howard.

Miles Howard was born enslaved and, when he was about 11 years old, was brought to Halifax and sold to Thomas Burgess, a prominent attorney in the Halifax area. Burgess evidently took a liking to the young Miles and made sure that he learned a trade as a barber. Around 1818, Howard took a wife by consent of both his and her masters. Howard was emancipated very shortly afterwards. Burgess sold him property in Halifax in 1825 and more property later. In 1832, Burgess wrote to Senator Mangum regarding a free man of color who was a barber and a musician. The free man had purchased children from a former master. He had not been able to free them due to a law prohibiting this. He wished to move his family to a state where they could be freed and not held as his slaves. Evidently, nothing came from this request, as Howard later died in Halifax.

Burgess, in his will, gave “his worthy and excellent friend Miles Howard the Barber two lots in Halifax, now occupied by said Miles.” In 1838, in an act of emancipation the four children and slaves of Miles Howard were set free, and the family was baptized by a Catholic priest in Halifax. Between 1842 and 1846, Matilda died, and Howard married Caroline Valentine. The two had children who were also baptized Catholic. Howard handled various land transactions and was a sound businessman in Halifax. He died in 1857 without leaving a will. A lawsuit ensued, with the children of his first marriage seeking a share of his property and the children of his second marriage fighting them. The case went to North Carolina Superior Court, which ruled in favor of the children of the second marriage, because the first marriage was a slave marriage and not legal in the eyes of the law.

Adapted from http://www.nchistoricsites.org/halifax/people.htm

Only his aunt remains alive.

Charlotte County Virginia. This day Mary Belcher came before me Hillery Moseley a Justice for said County at the request of Lucy Chavers who has been married to Robert Cole both black persons and the said Lucy had a Sister by the name of Betty Chavers who had a Son which was crissind in my house by the name of John Jackson Chavers, and made Oath that the said two women were Sisters and She don’t believe there is any of the aforesaid Family a Live at this time except the said Lucy Cole, Given from under my hand this 27th day of April 1808  /s/ Hillery Moseley

———-

Mecklenburg County, Virginia. This day Haywood Rudd came before me a Justice for said county and made oath that he was acquainted with a black boy by the name of John Jackson Chaves that the said boy was bound and apprentice to William Steward a blacksmith and that when he the said Steward went from the County to Wake County N Carolina the aforesaid John Jackson Chaves went with him and that he knows of no relations of said John Jackson Chaves except Lucy Cole rais’d said J. Jackson Chaves from his infancy until he was bound apprentice to the said William Steward. Given under my hand this 9th day May 1808.  /s/ James Hester

———-

Mecklenburg County, Virginia. This day came Mathew Carter before me a Justice for the said County, and made oath that Lucy Cole Lived several years on his plantation in this County & that she rais’d a boy there by the name of John Jackson Chaves, Who was then said to be her sisters son that the said John Jackson Chaves was afterwards bound apprentice to William Steward blacksmith who carry’d him the sd. John Jackson Chaves with him when he moved from this county and that he knows of no relations in these parts to said Chaves or any where else except Lucy Cole, given under my hand this 9th day of May 1808  /s/ James Hester

Miscellaneous Records & Apprentice Bonds and Records, Wake County Records, North Carolina State Archives.

Wayne County Apprentices, 1838.

Bill Brooks, 6, was bound to John Lewis in 1838.

John Green was bound to Henry McKinne in 1838.

James Carroll, 8, was bound to William McKinne in 1838.

Jacob S. Read, 3, was bound to Jesse Bogue.

John Gray Hall, 5, was bound to John Davis in 1838.

Barna Burnet, 6, was bound to Harris Barfield in 1838.

Jordan Wiggins, 5, and James Wiggins were bound to William Thomas in 1838.

Winnie Hall, Sam Hall, Zany Hall and Benajah Hall were bound to Exum Pike in 1838.

She hath been arrested.

State of North Carolina Chatham county

We Lucretia Evans & Philip Hartsoe, acknowledge ourselves indebted to the State of North Carolina in the sum of Fifty pounds each, to be levied on our goods & chattles, Land & tenaments, But to be void on condition that the said Lucretia Evans makes her personal appearance at the next county Court for Chatham to be held on 2nd Monday of August next, and not depart the said court without leave, and to answer the within charge – This 25th June, 1826.   Lucretia X Evans {Seal}

Teste. Jon: Haralson , Philip Hartso

———-

State of North Carolina, Chatham County

Thos. Lasater, one of the Justices of the peace for the said County To the keeper of the common Jail of the County af’d.

Whereas Lucretia Evans a free woman of the County af’d. hath been arrested by the lawful authority of the af’d County and brought before me charg’d with entering the house of Vicy Mason and feloneaus stealing and carrying away a web of cloth for which offence she has been duly examined before me and the presumption is she is guilty thereof.

These is therefore to command you the keeper to receive the said Lucretia Evans in your Jail there to remain until she shall be delivered by due course of law, given under my hand this 26th of June 1826   Thos. Lasater

Records of Slaves and Free Persons of Color, Chatham County Records, North Carolina State Archives.

300 acres to be sold at the courthouse door.

NOTICE.

By virtue of a decree of the Superior Court of Wilson county, rendered January 5th, 1882, I will sell at the Court House door in Wilson Monday the 6th day of February 1882, the lands whereof Nelson Eatman died seized, consisting of three tracts adjoining the lands of M.M. Mathews, Deal Howard, William Taylor and others, containing three hundred acres more or less. Terms: one thousand dollars cash, balance on credit of eight months. Title reserved till payment of all the purchase money.  F.A. WOODARD, Adm.

Wilson Advance, 3 February 1882.

In the 1860 census of Wilson County: Nelson Eatman, 50, farmer, wife Morinda, 45, and children Elizabeth, 20, Ginsey, 18, Smithy, 17, Alfred, 14, Nelson, 5, Emily, 7, and Jarman, 2.