Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Free Women of Color

Her brother has the deed, unless he destroyed it.

State of North Carolina, To the Sheriff if Wayne County   } Greeting – You are commanded to summon Wm. Burnett to be and appear before the Judge of Probate of Wayne County at the Court House in Goldsboro on Friday the 17th day of September 1875 at 11 A.M. and testify under oath, upon the hearing of a motion now pending in the Probate Court of said County, made by Mary Lynch Ex parte – And also to bring with him the said Wm Burnett and produce at the time and place aforesaid a certain deed or paper writing executed by the late Wm Smith to the late Himerick Lynch, conveying to the said Lynch a lot of land in the town of Goldsboro, at the Southwestern corner of West Centre and Elm Streets – or conveying to him an interest [illegible] – And that he also bring and produce as aforesaid any paper in his possession relating to said land or the title of the said Lynch thereto. Herein fail not under the penalty prescribed by law.

Witness W.T. Yelverton Judge of Probate for Wayne County the 16th day of September 1845. /s/ W.T. Yelverton Probate Judge

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North Carolina, Wayne County   }

Mary Lynch Ex parte } In the Probate Court

Mary Lynch swears that she is the widow of Himerick Lynch deceased, who died during the year 1865 seized of a lot of land in Goldsboro on the Southwestern Corner of West Center and Elm Streets which had been conveyed to him by Wm. Smith now decesed – that before the death of the said Himerick he had left said deed in the hands of Wm Burnett, who now has the same in possession if it has not been destroyed. Affiant further swears that she has never had dower, or homestead assigned to her out of said land or any other land of the said Himerick Lynch and that she is advised that she is entitled thereto, and has an interest in said land, and that said deed has never been proven and Registered.  Mary X Lynch

Sworn to before me Sept 16th 1875 W.T. Yelverton

Estate Records, Wayne County Records, North Carolina State Archives.

In the 1850 census of North Side of Neuse, Wayne County: Himerick Lench, 32, painter, wife Mary, 32, and Susan Burnet, 10.

He has accumulated $6000 in livestock, negroes and money, and he petitions for freedom.

To the Honorable The General Assembly – of North Carolina –

The petition of Ned Hyman (a slave) humbly complaining sheweth unto The Honorable The General Assembly aforesaid, that your petitioner now residing in the Town Williamston in the County of Martin & state aforesd, and by occupation a farmer — was born some fifty four or five years ago the property & slave of one Jno. Hyman of Bertie County, that sd Master Saml., that after sd Master Saml., in whose possession and under whose control and management your petitioner lived and served from the time up to the death of sd Master Saml — which happened some time in the year 1828 — Since that time your petitioner with little exception has been under the control of the Executor of his sd decd. Master. Your petitioner would further state, that during his long period and through every change of Master or service your petitioner has been a faithful and an honest servant to the interest of him or her whom it was his duty to serve — and of this he hopes he can give the most satisfactory testimonials. Your petitioner would further state that some time about his Twenty-seventh year he intermarried with one Elizabeth Hagans a free woman of Colour with whom he has lived in friendship and harmony with little or no exception ever since; (and although your petitioner has been informed that the sd union or marriage did not constitute your petitioner & sd Elizabeth “husband & wife” in the Legal acceptation of that phrase — yet your humble petitioner would ask the indulgence of your Honorable body and hope that it will not be considered at all presuming, to use these words, through out the remainder of this petition and the other writings accompanying it, when ever there may be necessity for them or either of them, instead of words — of like import –) Your petitioner would further state, that through the indulgence and advantages which his kind & benevolent master extended to him, aided by his industry prudence and frugality and seconded by the virtues and exertions on the part of your petitioners wife — Elizabeth, (not less profitable,) your petitioner has had the good fortune to accumulate an estate worth from five to six thousand dollars; consisting of lands chiefly live stock negroes and money, the right & title to all which except the money is vested in your petitioners wife Elizabeth — Your petitioner would further state that it was the wish of his decd Master Saml. Hyman expressed to his family often times during his last illness that your petitioner after his death should do service as a slave to no person — but that as far as was consistent with the Laws of the State he wished him to be free — alleging as the reasons, that your petitioner had been a trusty faithful and obedient servant to him through a long period of years; that your petitioner would further state that in furtherance of this kind and benevolent wish of your petitioners decd Master for your petitioners future freedom and happiness, his Executor Jno. S. Bryan has (At your petitioners request) sold your petitioner to your petitioners sd wife Elizabeth. — that your petitioner by his sd. wife Elizabeth has three children Penny, Sarah, and Ned — the two daughters are of full age, the son nearly so — that your petitioner has been informed that by, either the death of his sd wife Elizabeth or a change in her feelings or disposition towards your petitioner, your petitioner might not only lose his whole estate but even that portion of freedom and happiness, which by the kindness of his wife he is now permitted to enjoy. But your petitioner in justice to his kind and affectionate wife Elizabeth would further state, that she is not disposed at all to abridge in the least degree the liberty or happiness of your petitioner but wishes and desires (if consistent with the will of the Honorable The Genl. Assembly aforsd) that the same may be inlarged & increased — that she is therefore perfectly willing and anxiously desires to give up her sd title to your petitioner to the Honorable Genl. Assembly aforesaid that they may confer the same (by an act of manumission) to gether with such other liberties and privileges & immunities as other free persons of Colour now by law enjoys, — upon your petitioner — that to this end & for this purpose the sd Elizabeth the wife of your petitioner will unite with your petitioner in praying The Honorable Genl. Assembly aforesad — that they would take his case into consideration and to pass such an act in favor of your petitioners manumission they as they in their wisdom may deem meet and proper — that in Confirmation of the sd Elizabeths sincerity in this prayer and request she will most willingly Sign this petition with your petitioner — Your petitioner considers that further enlarging might be trespassing too much upon the time of The Honorable the Gen. Assembly aforesaid — But in conclusion however your petitioner would further stat that from this facts already stated it must be apparent in what an unpleasant and grievous situation your petitioner is placed — He has by laboring of in the nights and as such other spare times as his master would give him and by his prudence and frugality acquired an estate which (Say nothing of the uncertainties of life) he has not the assurance of enjoying even for a day — that he in a single hour might be placed in a worse condition than the day he began his life — that your petitioner has by his faithfulness and extraordinary attention to his masters business and interest secured his esteem and favor and obtained his sincere wishes that your petitioner should be freed — & the nearest your petitioner has been able to approach an end so desirable to his decd Master, is, to have your petitioner vested in your petitioners sd wife Elizabeth — that it must be evident to the Honorable The Genl. Assemble from these facts in what a precarious condition, stand the property, the liberty and [e]ven the happiness itself of your petitioner — Your petitioner together with his wife Elizabeth therefore pray the Genl. Assembly aforsd in tender consideration of his unhappy and grievous condition to pass such an act for his benefit and relief, as in their wisdom may seem meet & in their justice may seem right & proper & your humble petitioners is in duty bound will ever pray &c   Ned X Hyman, Elizabeth X Hagans

Test Wm. B. Bennett, E.S. Smithwick

 

 

An act to emancipate Ned Hyman.

An Act to emancipate Ned Hyman, a slave

Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That Ned Hyman, a slave belonging to Elizabeth Hagans, of Martin county, is hereby with the consent and at the request of his said owner, emancipated and set free; and by the name of Ned Hyman, shall hereafter possess and exercise all the rights and privileges which are enjoyed by other free persons of color within this State: Provided, nevertheless, that before such slave shall be emancipated, the petitioner shall give bond and good security to the Governor and his successors in office, in the County Court of Martin county, that the said slave shall honestly and correctly demean himself as long as he shall remain in the State, and shall not become a parish charge; which bond may be sued upon in the name of the Governor for the time being, to the use of the parish and of any person injured by the malconduct of such slave.

Chapter CIX, Public and Private Laws of North Carolina, 1833-34, North Carolina State Library.

I have known them about forty years.

This is to certify that Negrow Lucy Delilah Betsey & Mary are the daughters of Betsey Thompson which I have known her and mother Sally for about forty years to be free dated September 28th 1830  /s/ Lovey Sawyer

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

Our oldest, best known and most highly respected.

Mr. Buckner Simmons, after an illness of ten years, died Tuesday morning. Mrs. Mary Simmons, better known to our old citizens as “Aunt Polly,” came to Cleveland 51 years ago with her two sons, and daughter from North Carolina. They settled in their present at 31 Newton street, and have lived there continuously since. Mr. Simmons was well-known and highly respected. His mother, aged 95 years, and sister, Mrs. Eliza Bryant, have the sincerest sympathy of the community. Funeral Thursday at 2 p.m., from the residence, Rev. J.M. Gilmore officiating.

Cleveland Gazette, Cleveland OH, 20 February 1904.

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Mrs. Eliza Bryant, aged 80 years, died May 13. Funeral from the house May 15, conducted by Rev. Ira A. Collins, assisted by Rev. W.T. Maxwell. Interment in Woodland Cemetery. Boyd & Dean, undertakers.

Cleveland Gazette, Cleveland OH, 25 May 1907.

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Mrs. Mary Simmons better known as “Aunt Polly” Simmons of 2188 E. 31st (Newton) St., mother of Mr. Buckner Simmons, deceased, one of our oldest, best known and most highly respected residents, died Monday night of old age and a complication of ailments. Mrs. Simmons was a North Carolinian by birth but came to Cleveland about 1860. Funeral Thursday afternoon from the residence, Dr. Chas. Bundy officiating, assisted by Rev. G.V. Clark. She was one of the church’s oldest members. E.F. Boyd, funeral director. Interment in Woodland cemetery.

Cleveland Gazette, Cleveland OH, 9 September 1911.

The plantation where Indian Bet lives.

State of North Carolina, October the 1 Day 1777

In the Name of God amen I Samuel Woodland of the County Tyrrel and State aforesaid being weak in body but of Sound Memory (blessed be god) Do this Day being the first Day of October in the year of one thousand Seven hundred and Seventy Seven make and Publish this my Last will and Testament in manner following: that is to Say first of all I give and bequeath unto my son Stephen Woodland one hundred & one Acres of Land lying on Southfork Creek known by the name of the hill of Dumplin Land and Plantation To him and his heirs for Ever and in Case the Said Stephen Woodland Dyes without an heir lawfully Begotten of his Body then the Said Land to be Equaly Divid between my Two Sons John Woodland and Samuel Woodland and their heirs for Ever

Item I Give and Bequeath unto my Loving Son in Law Thomas Williams the Land and Plantation where on Indian Bet Simpson Now Liveth it being the Land that I bought of John Hooper to him and his heirs for Ever

Whereof I the Said Samuel Woodland have hereunto Set my hand and Seal as my Last will and Testament in the Presenc of Jeremiah Franer, James Phelps             /s/ Samuel Woodland {seal}

Wills, Tyrrell County Records, North Carolina State Archives.

Her condition will be better than at the present time.

North Carolina, Pasquotank Co.  } January 31st AD 1861

To the Honorable: the Senate and House of representatives of the State of North Carolina in General Assembly convened,

The petition of Kissiah Trueblood most respectfully showeth unto your Honorable body, That she is a free woman of color now a resident of State and County aforesaid, and has been during her life, being at this time about 23 years of age; that during minority she was Apprentised to the late William Charles and served her time faithfully with him, since his death she has exercised the privilege of a free woman of color, being borned of free parents. For the space of two years just passed, she has lived with one Dr. W.P. Ritter in the capacity of a servant, receiving wages for services rendered.  Your Petitioner further showeth unto your Honorable body, that after mature deliberation, upon her part, uninfluenced by any person, it being her own free will and accord, she desires to become the slave of the said Dr. Ritter, believing as she truly does after past experienced, that her condition in this life, will be for better, then, than at the present time. That in her present condition she is destitute and without protection, and in the condition of a slave, she would be cared for and have the protection of her Master, and to that end she prays your Honorable body, to enact such laws so as to enable said Dr. Ritter, to hold and possess your petitioner, in fee simple as his slave for all time to come, bothe your petitioner and children should she have any; governed only by such laws as have been enacted to regulate and govern the relations between Master and Slave. And your petitioner as in duty bound will ever pray.  Kissiah X Trueblood

Signed in presence of W.W. Grandy Jr.

General Assembly Session Records, November 1860-February 1861, Petitions Box 8, North Carolina State Archives. 

140 acres on the waters of Island Creek.

Zachariah Robinson to Tabitha May

This Indenture made this 21st day of February in the year of our lord 1818, Between Zachariah Robinson of the State of North Carolina & county of Anson of the one part, and Tabitha May of the same county and State of the other part. Witnesseth that the said Zachariah Robinson hath for and in consideration of the sum of twenty four dollars to him in hand paid by the said Tabitha May, before the sealing and delivery of these presents the Receipt whereof is hereby acknowledged, hath bargained sold & conveyed and doth by these presents bargain sell and convey unto the said Tabitha May a certain tract or parcel of land situate lying & being in the State of No Carolina and Anson County on the waters of Island Creek. Bounded as follows Beginning in Hamers line at a small pine one pine pointer and runs with Hamers line So 86 E 25 chains to Hamers second corner there So 15 chains to three pines & two black jacks pointers then East 10 chains to a stake one hickory & two pines pointers then So. 15 chains to a stake, two black jacks & one Spanish pointer then So 30 E. 2 chains and 50 links to a stake and two black jacks pointers then E. 19 chains to a large pine then So 24 chains to a hickory then  East to the Miry Branch then down said  Branch to a white oak in Phillips line then No. 30. W. 44 chains to a large pine one black jack and white oak pointers then No. 32 wt. 15 chains to a black jack one pine and post oak pointers then No. 87 W. 25 chains to a pine then North 5 East 20 chains to the first station with all and singular the appurtenances there unto belonging and I the Zachariah Robinson do for myself and my heairs disannul disclaim and disown any right or title to the said tract land, containing one hundred and forty acres more or less, and will warrant and defend the same unto the s’d Tabitha May against the lawful claim or claims of me and my heirs forever. But no others. In witness whereof I have hereunto set my hand and Seal the day and date above written.    Zach. Robinson {seal}

Signed Sealed and delivered In the presence of Wm. Davis, Benjamin Moorman }

Anson January Term 1819: — Then the within Deed was duly proved in open court by the oath of Benjamin Moorman and ordered to be Registered.   Tod Robinson Clk.

Will Book 5, page 268, Register of Deeds Office, Anson County Courthouse, Wadesboro.

[Sidenote: Island Creek is a waterway between a large island in the Pee Dee River and the shoreline on the Anson County side. It is located south of present-day Interstate I-74 and between the towns of Morven in Anson County and East Rockingham in Richmond County.  — LYH]

London Woodard & Penny Lassiter.

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“Uncle London” Woodard (1792-November 15, 1870) was one of the most respectable black men of his area and time. Having been married about 1817 to James Bullock Woodard’s Venus, he was purchased by this planter on May 24, 1828, and became his overseer and distiller. London was baptized into the fellowship of the Tosneot Primitive Baptist Church on August 24, 1828, and Venus on August 4, 1838. This good woman died about the end of 1845, leaving several children to mourn her loss.

In 1846, he married Penelope Lassiter, daughter of Hardy Lassiter. She had become an indispensable part of the James B. Woodard household after the death of his first wife in 1837. “Aunt Pennie,” a free woman of light color, who worked hard, saved her money, and bought land. On September 18, 1854, she also bought “Uncle London” and made him a free man. He was “liberated to preach” on April 21, 1866, and in the following December Mrs. Elizabeth Farmer gave him one acres upon which he soon erected “London’s Primitive Baptist Church” which is still in existence.

From the introduction to Hugh Buckner Johnston, The Woodard Confederate Letters of Wilson County (1977). 

Photo of London Church taken by  Lisa Y. Henderson, May 2013.

[Sidenote: Actually, while London Woodard may have lived essentially as a free man after Penny Lassiter’s purchase, there is no evidence that he was in fact emancipated prior to the end of the Civil War.  No record of such has been found and, while Penny and their children appear as Lassiters in the 1860 census, he does not.

The London Church congregation built a new edifice on the church’s original site on Herring Avenue in Wilson. The building above was saved and moved around the corner to a site on London Church Road, where it sits neglected. — LYH]

One that was free in the days of slavery.

The road at that time turned down the first branch and crossed the second one about where Tradd Street now crosses it. This second branch is alluded to in old deeds as Buffalo Branch, in later times and to our older citizens it was Free Nancy branch, from the fact that a free negro – one that was free in the days of slavery – lived near it.

P.F. Laugenour, “A History of Iredell County,” date unknown.

[Sidenote: There is now a Free Nancy Avenue in Statesville, a dead-end commercial street that runs for a short stretch just south of Interstate 40 at Sullivan Road.   Free Nancy Branch itself, which appears from on-line photos to be little more than a trickle, has been the subject of recent clean-ups and restoration.  http://www.keepiredellclean.org/news.htm  It is a branch of Fourth Creek. – LYH]