Property | Fourth Generation Inclusive

May 11, 2013

She wanted to advance in life her nephews.

State of North Carolina, Robeson County } Court of Equity, Fall Term A.D. 1867

To the Honorable the Judge of said Court The Bill of Complaint of Lucy Sheridan of Robeson County Plaintiff against Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine and Lucy Ann Oxendine Minor heirs of James Oxendine dec’d of the Same county defendants

Humbly complaining Showeth unto your Honor Your Oratrix the Said Lucy Sheridan that about Sixteen years ago having sold a tract of land to which she had title She became possessed of about Two Hundred dollars in money at one time and to advance in life her nephews James Oxendine and Bryant Oxendine and aid them in the purchase of a tract of land upon which they could have a permanent home of their own and with this view she joined with them in the purchase of Two Hundred acres of Land from Arch’d S. McKay in Robeson County adjoining the lands Alex McIntyre Angus McGill arch’d Buie and others at the price of Three Hundred Dollars Your Oratrix further Showeth unto you Honor that she furnished One Hundred and ninety five dollars of the purchase money and James Oxendine and Bryant Oxendine furnished the balance to wit One Hundred and five dollars Your Oratrix further Showeth unto your Honor that the Said James Oxendine negotiated for the purchase of said Tract of land the money for that purpose was placed in his hands and he paid the same over to the vendor and took the title to the whole of the Two Hundred Acres in his own name and received a deed for the same from Arch’d S. McKay and that after the purchase it was distinctly agreed between your oratrix and James Oxendine and Bryant Oxendine that your oratrix should have half to wit One Hundred acres of said tract and James & Bryant Oxendine should have hold and possess the remaining One Hundred acres between them and in accordance with that agreement James Oxendine gave to your oratrix his note of hand or bond for forty five dollars being the excess over and above her share of the purchase money paid by her and the said James & Bryant Oxendine went into possession of the said remaining hundred acres of the two hundred acre tract and that for some time the title to the whole remained and rested in James under the deed to him from Arch’d S. McKay but that about three years thereafter it was agreed that he should convey to your oratrix by deed her Share of the land so as to vest the legal title in her and accordingly a deed was drawn and prepared by John C. Sinclair and duly signed and executed by the said James Oxendine conveying to your Oratrix one Hundred acres in fee simple being the upper end of a tract to two Hundred acres survey convey by deed from Arch’d S. McKay to James Oxendine lying on the south side of Mossey Neck adjoining the lands of Gilbert Locklear Arch’d Buie and Angus McGill & others the Said deed was executed at the House of James & Bryant Oxendine and the draftsman the said John C. Sinclair Subscribed the Said deed as witness and besides it was executed in the presence of Bryant Oxendine and Ann Oxendine who afterwards intermarried with David Strickland that the consideration was One Hundred and fifty dollars the amount of money advanced by your Oratrix in addition to the forty five dollars for which James Oxendine gave his note to your oratrix further showeth unto you Honor that the said deed from James Oxendine to her has never been registered and in Some way unaccounted to your Oratrix the Said deed has been lost or destroyed most probably in some way in removing her personal chattels from Bladen County after the death of her husband to her home on said One Hundred Acres of Land conveyed to her by James Oxendine upon which she now lives at all events she did not miss said deed until She had arrived and moved all her personal goods to Robeson County upon the discovery of the loss of said she informed James Oxendine of the fact who promised to execute to your Oratrix another deed similar to the one lost by your Oratrix and she fully believes he fully intended to do so having asked Alexander McIntyre and perhaps others to avow the deed for him expressing a purpose of reconveying said land to your Oratrix And your Oratrix verily believes he would have done so had he not come to a sudden death soon thereafter But your Orator showeth unto your Honor that said James Oxendine died about one and one half years ago without having executed to your Oratrix a deed as a substitute for the one lost as aforesaid leaving him surviving the defendants his children and only heirs at Law on whom his real estate descended upon his death he having died intestate To the end therefore that these defendants may be required by a decree of this Honorable Court to convey to your Oratrix a title in fee simple to the land conveyed by James Oxendine which deed of conveyance is lost described as the upper end of a tract of Two Hundred Acres conveyed by deed from Arch’d S. McKey to James Oxendine lying on the South side of Mossey Neck adjoining the lands of Gilbert Locklear Arch’d Buie Angues McGill and others And that your Orator may have such other and further relief in the premises as the nature and circumstances of this case may require and to you Honor shall same meet May it please your Honor to grant unto your Oratrix the State’s Writ of Subpoena to be directed to the Said Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine and Lucy Ann Oxendine commanding each of them to appear before your Honor in this Honorable Court as the next term thereof then and there to answer the premises &c. And your Orator Shall ever pray /s/ Giles Leitch Solicitor for Plaintiff

Personally appeared before me Lucy Sheridan who swears that the matters and things contained in the foregoing bill as of her own knowledge are true and that on the information of others he believes to be true Sworn to & subscribed before me 20^th Sept 1867 Lucy X Sheridan

Lucy Sheridan vs Noah Oxendine Sally Oxendine Mary Oxendine John Oxendine Lucy Ann Oxendine – Original Bill to Fall Term A.D. 1867 Filed in my office 20^th Sep’r 1867.

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Lucy Sheridan v. Noah Oxendine et al } In Equity – Lucy Sheridan present —

Bryant Oxendine is sworn for complaint.

State all you know about the purchase of a Two hundred acre tract of land in Robeson County purchased & [illegible] Alex McIntyre and others to James Oxendine, and what interest and agency Lucy Sheridan had in the purchase?

Ans: All I know is that Lucy Sheridan paid one hundred and ninety five Dollars toward the purchase of the land the title to the whole land was made to James Oxendine, and James Oxendine made Lucy Sheridan a deed for one hundred acres of the said land. I saw the deed executed and delivered, this was about sixteen years ago. James Oxendine made the deed to Lucy Sheridan.

Cross Examined by Deft’s Counsel –

Interog – Did you see the money paid? Ans. I did not.

Interog – How do you know the money was paid by Lucy Sheridan

Ans. James Oxendine told me Lucy Sheridan had paid him & he the witness helped to work out the balance of the money that went to pay for the land. And furthermore this deponent saith not. Bryant X Oxendine

Sworn to & Subscribed before me the 25^th March 1868

In the 1850 census of Upper Division, Robeson County: Kizia Oxendine, 35, with Margaret, 22, James, 18, Bryant, 12, Anny, 11, Lias, 6, and Silas Oxendine, 35. In the 1860 census of North Division, Robeson County: Jams Oxendine, 27, farmer, wife V., 20, and children N., 1, and S., 1 month. In the 1860 census of Bladen County: Thos. Shearidan, 72, farmer, and wife Lucy, 55.

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May 10, 2013

A lot in Fayetteville to Joseph and Phillis Dennis.

John P. Leonard to Joseph & Philis Dennis.

This indenture made the twenty fourth day of August in the year of our Lord one thousand eight hundred and nineteen between John P. Leonard of the Town of Fayetteville and State of North Carolina on the one part and Joseph Dennis & Fillis Dennis of the Town and State aforesaid of the other part. Witnesseth that the said John P. Leonard for and in consideration of Two hundred dollars to me in hand paid by the said Joseph Dennis and Fillis Dennis and before the signing and delivery of these presents the receipt whereof is hereby acknowledged, have bargained, sold conveyed and confirmed and by these presents do bargain sell convey and confirm unto the said Joseph Dennis & Fillis Dennis their heirs executors administrators and assigns the one half of a certain lot of land in the Town of Fayetteville bounded as follows Beginning at James McRackins So Et corner on the West side of North Street, thence along said Street to the centre of the Lot West to the back line being 5 chains it being the upper half of a lot which I bought of Samuel Pearce containing half an acre. To have and to hold the above granted and bargained premises with the appurtenances thereof unto them the said Joseph Dennis & Fillis Dennis their heirs and assigns forever to their own proper use and behoof and against the claim or claims of any person or persons whatsoever.

In witness whereof I have set my hand and affixed my seal the day and year first above written. /s/ John P. Leonard Test D. Smith, Samuel Brooks

Deed Book 32, Page 20, Register of Deeds Office, Cumberland County Courthouse, Fayetteville.

[Sidenote: The styling of their names suggests that Joseph Dennis and Fillis Dennis were not married, but were siblings or other kin. Though Phillis Dennis’ enslaved husband was named Joe, he could not have purchased property with her. — LYH]

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May 10, 2013

To Mary Ann Jones and her two children.

Be it remembered that I Henry S. Lloyd of Tarboro North Carolina being of sound mind and memory, but of infirm health do make and publish this my last will and Testament, hereby revoking all other Wills by me at any time heretofore made

I direct that all my just debts and funeral expenses be paid and I nominate and appoint Whitmel P. Lloyd and William Norfleet of the County of Edgecombe in the State of North Carolina, Executors and Trustees under this my last will and Testament

I authorize and empower my Said executors to carry on my farms for the term of two years after my decease, and to adopt all measures necessary for that purpose, if the same be necessary to pay my debts, and to apply the income thereon as the same may be received to the payment of my Said debts. I further authorize and empower my said Executors to sell and convey at public or private sale, all my real estate in the Town of Tarboro not Specially devised or otherwise disposed of in this my last Will and to apply the proceeds of the Said Sale to the payment of my debts and legacies

I give and bequeath to my Aunt Helen B. Slade, all my right title and interest in the farm on which she lives

I also give and bequeath to my said Aunt Helen B. Slade all my negroes on my Roanoke plantation, also all my negroes on my Edgecombe farms which I got from Martin County whether I inherited or purchased them

After the payment of my debts I give and bequeath to the two children of Mary Ann Jones, free colored woman, twenty five hundred dollars each, and I direct that the said money shall be received and held by William Norfleet in trust to apply so much of the income of the said Legacies, as he may deem necessary for the support of the Said children during their minorities; and to pay the principal, and the accumulation of interest to them, as they shall respectively, arrive at the age of twenty one years. Should either of the children die during her minority without issue, then to pay the same to the survivor, and if both of the said children should die under the age of twenty one years, and without issue, then to pay the said principal and the accumulation of interest to their mother, but should either of the said children die leaving issue, the said issue shall take his, her or their mothers share

I give and devise to Mary Ann Jones, free colored woman of the said Town of Tarboro, and to her heirs and assigns forever the lot of ground and the house thereon erected in the Town of Tarboro in which she now lives. I also give and bequeath to her the sum of one hundred Dollars a year, for and during the term of Ten years

I give and devise to the daughter of Elizabeth Bland of the County of Martin, in the State of North Carolina (the said daughter being her first child and the one the paternity of which she imputed to me) and to her heirs and assigns forever, certain tracts of Land in the said county, containing about four hundred and sixty acres more or less, being the premises which I purchased of Amileach C. Williams, as by his deed to me will more fully appear, but should the said child die during her minority without issue, then I give and bequeath the said tracts of land to her mother, the said Elizabeth Bland, and to her heirs and assigns forever.

I give and bequeath to Elizabeth Bell the sum of five hundred Dollars absolutely, and I give to her in trust the sum of one hundred Dollars to be expended by her, from time to time in the purchase of clothing for James Adams as he may need them

I give and bequeath to my friend William Norfleet my negro woman Nancy, and her two youngest children I also give and bequeath to him my buggy and two black mares

I give and bequeath to my friend Joel Lewis, my gold watch, and my bay Horse which I bought of Tom Cook

All the rest, residue and remainder of my estate, both real and personal, I give, devise and bequeath, one third thereof to my sister Mary Louise Caldwell, and to her heirs and assigns forever, one third thereof to my brother Whitmel P. Lloyd and to his heirs and assigns forever, and the remaining one third to David Barlow in trust to receive the rents, issues, profits and income thereof, and to pay the same to my brother, Joseph W. Lloyd for and during the term of his natural life, and after the death of my said brother, I give, devise and bequeath the said one third, to the Children of my said brother, who may be then alive, and to the issue of such as may be then dead leaving issue, and should all of the children of my brother Joseph be dead, at the time of his decease, without leaving issue, then I give, devise and bequeath the said one third of my estate to my said brother Whitmel and sister Mary Louisa, their heirs and assigns, and should they or either of them be then dead, the child or children of my said deceased brother or sister shall take his or her or their parents share absolutely and in fee

In testimony whereof, I the said Henry S. Lloyd the testator above named, have to this my last Will and Testament set my hand and seal, this 13^th day of February Anno Domini one thousand eight hundred and sixty /s/ Henry S. Lloyd

Witnessed by E. Barnes and Jno. Norfleet, proved at February Term 1860. Edgecombe County Will Book G, p. 181.

In the 1860 census of Tarboro, Edgecombe County: Mary Jones, 23, her daughters George A., 3, and Mary, 1, and mother Charity Jones, 42, plus Jackey Thomson, 49.

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May 10, 2013

To Minta, reserving for Itey a life estate.

In the name of God Amen,

I, James M. McDuffie being of a sound and disposing mind and memory, blessed be God, though weak and infirm in body make and constitute this my last will and testament

Item 1^st It is my will and desire that my Executor hereinafter named shall have my body decently interred after my death in the old family grave yard in the county of Cumberland and after paying all my just debts to dispose of the residue of my Estate as follows.

Item 2^nd I will and bequeath unto Minta Bryant the tract of land on which Itey Simmons now lives, reserving to said Itey a life estate in said land, which tract contains about fifty six acres, adjoining the lands of Pollock, Glisson & others to have and to hold said land with its appurtenances to and her heirs forever;

Item 3^rd I will and bequeath all the balance of my property of whatsoever kind or description both in possession and in action real and personal to my brother Malcom J. McDuffie to use occupy and possess the same to dispose of it in whatever manner he may deem fit and proper (due regard being paid to what slaves I may own or leave at my death) to have and to hold the same to him and his heirs forever;

Item 4^th I hereby constitute my said brother Malcom J. McDuffie Executor of this my last will and testament and do revoke all wills and testament by me heretofore made,

In witness whereof I hereunto set my hand and affix my seal this the Twenty first day of May 1862. /s/ Jas. M. McDuffie

Signed and sealed in the presence of W. Vernon, Wm. W. Fulghum

Proved August Term 1862. Wayne County Will Book R13, page 462, North Carolina Probate Records 1735-1970, https://familysearch.org. Original, North Carolina State Archives.

In the 1860 census of Indian Springs, Wayne County, Minta Bryant, 23, and her children Mitchel, 4, Edith, 6, and Rufus Bryant, 2, all mulatto, lived in the household of James McDuffee, 41.

[Sidenote: Was McDuffie the father of Bryant’s children? He purchased the land from Itey Simmons’ son David in 1855, subject to Itey’s life estate. After Itey’s death, Minta Bryant was forced to sue to recover the property.]

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May 8, 2013

She is entitled to all of it.

Doe on the demise of Mary Ann Jones v. William Norfleet, 52 NC 473 (1860).

This ejectment action was tried in Edgecombe County Superior Court.

The plaintiff, “a colored woman,” claims title to a parcel of land under the 1860 will of Henry S. Lloyd, which contains the following clause: “I give and devise to Mary Ann Jones, a free colored woman, of the said town of Tarborough, and to her heirs and assigns forever, the lot of ground and the house thereon erected in the said town, on which she now lives.”

William Norfleet, Lloyd’s executor, having been directed to sell all of Lloyd’s real estate in Tarboro, except that specifically devised, took possession of lot 118, insisting that lot only 107 passed to Jones.

The two lots, totaling about an acre, adjoin each other and are enclosed by one fence, except nine or ten feet of lot 118 at the upper end, which has a steep descent. There has never been a dividing line between the lots, which are situated “in the suburbs” of Tarboro.

In 1856, before the lots were enclosed, Lloyd built an ice house on lot 118, at a cost of some 800 dollars, for storing ice for a tavern in which he had one-half ownership. The lots were surrounded by a board fence in 1857, and the same year Lloyd built Jones a house on lot 107. She moved in immediately and resided there at the time of the suit. In the spring of 1859, Jones enclosed a small portion of the ground for a garden. There is a smokehouse on lot 107, built when the house was built, and, on lot 118, a small privy. In 1858, Lloyd built a rough cabin with a small garden for an aged slave. Jones had the use of the rest of both lots for the purpose of cultivation.

Tarboro’s town plan shows lots fifty yards square, and according to such measurement, part of Jones’ garden and the privy are situated on 118. Lloyd bought both lots from the same person at the same time. He lived near them and frequently saw them, but it is unknown whether he knew where the line between them would run.

The Superior Court judge ruled that Jones was entitled to both lots, and Norfleet appealed.

“A testator, owning a parcel of land embracing two town lots, on which he had settled a woman, having built her a dwelling on one lot and an outhouse on the other, and permitted her to inclose a garden, partly on each lot, and to use the whole parcel inclosed within one fence, devised to her ‘the lot of ground and house thereon erected in the said town where she now lives.’ The facts are distinctly and clearly stated, and after duly considering them, in connection with the language of the will, we are of opinion that the entire parcel of ground, embracing lots 107 and 118, passed under the devise, except such portions as had been appropriated by the devisor to the ice-house and to the cabin and garden of the old slave.” Judgment affirmed.

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May 7, 2013

To a poplar standing in the Cornfield Branch.

State of North Carolina, Edgecombe County } Agreeably to an order of Edgecombe County Court February Term 1834 to us directed as commissioners appointed to [illegible] the Estate of Miles Read dec’d & to lay off and allot unto Nancy Read the Widow of said Dec’d. Such part of the Crop Stock and provisions as we may conceive necessary and adaquate for the support of her self and family for one year &c

Report – All have this day met on the premises and after viewing said Estate have alloted to the Said Widow (viz) forty Barrels of Corn, twelve hundred pounds of bacon, three thousand pounds of blade fodder – all of the wheat on hand Eight bushels of peas – Seventy five pounds of picked cotton, two hundred handfuls of flax – five gallons of brandy – all the Wool on hand – One cow – hur Choice one bed and its necessary furniture, and one wheel and pair of cards.

Given under our hands and Seals this 17^th day of March 1834. /s/ Peter Hines, John Ritter, Elijah Harrell, James Barron, Turner Bynum JP

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State of North Carolina, Edgecombe County } Agreeably to an order of Edgecombe County Court February Term 1834 Directed to the Sheriff of Said County commanding of him to Summons a Jury of good and lawfull men of his County to lay off and allot unto Nancy Read Widow of Miles Read dec’d her legal dower in the lands that her late husband died seized and possessed of in Said County of Edgecombe. All the undersigned having been summoned by the Sheriff of Said County have this day met on the premises and after being sworn agreeably law, We proceeded to lay off and allot unto the said Widow as follows (viz) Beginning at a litewood Stake in Col Hines line thence N. 11^o E. 65 poles to a poplar standing in the cornfield branch; then down the various courses of said branch to the Mile Swamp then up said Swamp to the mouth of the boggy branch; then up said branch to a poplar and litewood stake in said branch then S. 1^o W. 110 poles to a pine, thence round the lines of the land of the Harrel tract to the beginning containing One hundred & ninety eight acres, &c – Including the dwelling house out houses orchards, &c where the Said dec’d most generally dwelt next before his death

Given under our hands & Seals this 17^th day March 1834. /s/ John Fulton, E.R. Holland, David X Webb, Anson X Dunn, Joab Moore, John Carter, Rowland Wiggins, Thomas Stark, Jacob X Dunn, James Pender, Thos. D. Gatton, Elisha X Felton

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State of North Carolina, Edgecombe County } Court of Pleas & Quarter Sessions, August term 1834

To the worshipful the Justices of the Court aforesaid: The petition of Arthur Read, William Read, David Read, Zachariah Bass and his wife Elizabeth, and John Ritter guardian ad litem for Elisha Read, Mima Read, Mary Ann Read and Miles Read, humbly complaining, respectfully sheweth:

That on the [blank] day of February last past Miles Read, late of the County aforesaid, departed this life intestate, seized and possessed of sundry real and personal estate, leaving Arthur Read, William Read, David Read, Zachariah Bass and his wife Elizabeth, who are of full age, and Elisha Read, Mima Read, Mary Ann Read and Miles Read, who are infants, his sole distributes and heirs at law. Your petitioners who are of full age, and John Ritter who for this purpose has been duly appointed guardian ad litem for the said minors, further represent that they are desirous of having partition made of the said real estate as in by law in such cases made and provided, but are remidiless in this behalf without the interposition of your worshipful Court.

They therefore respectfully pray that an order issue to Peter Hines, William Hines, Benj. Sharpe, Elisha Harrell, John Carter and William Jenkins directing them to go upon the premises and allot and set apart share and share alike to said heirs the said real estate and make return of their proceedings to the next term of your worshipful Court, and make such other and further order in the premises as to your worships may appear meet and proper, and your petitioners as in duty bound will ever pray &c. /s/ B.R. Hines attorney

From the file of Miles Read, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

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May 5, 2013

Wilmouth Eatman gives share and share alike.

NORTH CAROLINA, WILSON COUNTY }

I, Wilmouth Eatman of the aforesaid county and state being of sound mind and desposing memory, but considering the uncertainty of my earthly existence do make and declare this my last will and testament.

FIRST: My executor, hereinafter named shall give my body a decent burial suitable to the wishes of my relatives and friends and pay all funeral and burial expenses to-gether with all my just debts out of the first monies which may come into his hands belonging to my estate.

SECOND: I give and devise to my four children Joe Eatman, Magaret Locus, Kinion Eatman, and Annie Locus, wife of Acie Locus, Joitly and equally to share and share alike in the devision of same of the proceeds thereof, the lands conveyed to me by Deal Howard which said deed is duly recorded in book 24 page 195 Register Deeds Office Wilson County, said lands being situated in the said County and state, Taylors Township adjoining the lands of John B. Thompson, Wood Eatman, Deal Howard, the mark Mathews land et als. And bounded as follows to-wit: Beginning at a Gum in the big branch, thence south 2 ½ west to a stake in John B. Thompson line thence north 87 ½ west 69 poles to a stake in said Thompson’s line, thence south 2 ½ east to a black gum in said big branch, thence down said branch to the beginning containing forty one and one fourth acres, more or less.

THIRD: I give and devise to my son Kinion Eatman and my daughter Annie Locus, wife of Acie Locus Joitly and equally to share and share alike in the lands of proceeds thereof all my right title and interested in that certain track of land conveyed to me and Robt. Eatman by Bettie Mathews (See book 57 page 23 Wilson County Register of Deeds Office, The lands being situated in said county and state Taylor Township adjoining the lands of D.E. Mathews Zealous Howard Etals and bounded as fellows: to-wit: Beginning at a corner pine in Bettie Mathews Line, thence up nash road to another corner in the D.E. Mathews line, thence south along said line Zealous Howard line, thence nearly east along the canal to Ed. Farmer’s line thence north along Farmer’s line to the beginning estimated to be about 11 or 12 acres more or less.

FOURTH: I give and bequeath to my said son Robt. Eatman and my daughter Annie Locus, wife of Acie Locus, equally all my personal property of each and every description which I may own at my death, including money on hand, house hold and kitchen furniture, stock, crops, choses in action, to be equally divided between my two said children Kinion and Annie by mu Executor hereinafter named.

FIFTH: It is my will and desire that my executor hereinafter named may either have the lands herein devised to my said children partetioned and allotted to each in severalty, or sold and the monies arising from said sale equally divided as their respective interest appears. Said division of lands or money to be determined according to the wishes of the majority of my said children.

It is my further will and desire that should either one of my said children above named die without issue or legal heirs, or children then and in that event it is my will and desire that said share is shares devised or bequeathed to my said said child or children shall go and be equally divided between my living children and their lawful heirs.

SIXTH. I hereby constitute and appoint my trusty friends and legal adviser J.A. Farmer my lawful Executor to all interest and purposes to execute this my last will and testament to the time intent and morning of same, and every part thereof hereby revoking and declaring utterly void and all other will and testament by me heretofore made.

In witness whereof, I the said Wilmouth Eatman do hereunto set my hand and seal this 10^th day of April 1911. Wilmouth X Eatman

Will Book 5, page 79. Office of Clerk of Superior Court, Wilson County Courthouse, Wilson.

In the 1850 census of Nash County: Nelson Eatman, 54, farmer, wife Rinda, 33, and children Rhoda, 12, Wilmot, 12, Princy, 10, Ginny, 8, Smithy, 6, and Alford, 4. In the 1870 census of Taylor, Wilson County: Nelson Eatmon, 53, farmer; wife Marinda, 50; daughter Welmouth, 31, and her children William, 13, Robert, 11, Margaret, 10, Crawford, 4, and Missouri, 7 months; and children Gremsey, 25, Alfred, 23, Emily, 16, Nelson, 13, and Jarman, 11. In the 1880 census of Taylors township, Wilson County: Wilmoth Eatmon, 46, and children Joseph 24, Robt., 22, Kenan, 7, and Anna, 2, living among a cluster of Eatmons, Howards and Locuses. [Sidenote: Wilmouth Eatman’s sister Rhoda Eatman married Zealous “Deal” Howard. – LYH]

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May 4, 2013

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 50^th Year of our Independence, A.D. 1825. /s/ J.G. Stanly

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 4^th 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.

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May 3, 2013

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 7^th 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 28^th 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]

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May 2, 2013

Adam & Angy Norphlet Artis.

Marriage license of Adam Artis and Angy Norphlet, Northampton County, 1835.

On 7 November 1848, Adam Artis of PIke County purchased “The North East quarter of the North West quarter of Section Fifteen, in Township Six, of Range Twenty; in the District of Lands subject to sale at Chillicothe Ohio; Containing Forty Acres,” certificate no. 16,235. US General Land Office Records 1796-1907, www.ancestry.com

In the 1850 census of District 17, Beaver township, Pike County, Ohio: Adam Artis, 36, laborer, wife Angelina, 30, and children Susan, 16, James, 13, and Aaron, 10, all born in Virginia. In the 1860 census of Jackson, Pike Co. Ohio: Adam Artes, 40, farmer, wife Angeline, 40, and children Aaron, 20, and James, 23. Adam reportedly owns real estate valued at $400 and personal estate valued at $225.

[Sidenote: This Adam is not known to be related to Adam T. Artis — except in the sense that almost all Artises ultimately descend from a common ancestor. — LYH]

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Category: Property