Fourth Generation Inclusive

Historical Documents of Genealogical Interest to Researchers of North Carolina's Free People of Color

Category: Wills & Estates

Nathan Blackwell’s will and desire.

this the 24th of January 1845 }   this my desire and will that I give to Josiah and Nathan Axum Andrew & all my property to be Equally divided and I want Asberry Blackwell to take Andrew and see to his labor for my children to the best advantage also take my children and take care of them and satisfy himself for his troble out of my property this my Last will and testament whereunto I now set my han and Seal to        Nathan (X) Blackwell {seal}

Test  James F. Mercer, Thomas Mercer

Nathan Blackwell received a marriage license to marry Jincey Powell on 15 December 1838 in Nash County, North Carolina. Elijah Powell and Henry Bount were bondsmen, and B.H. Blount, a witness.

In the 1840 census of Nash County, North Carolina, Nathan Blackwell headed a household comprised of one free colored male, aged 10-23; one free colored female, aged 10-23; and two free colored males under 10. In the 1850 census of Nash County, Asberry Blackwell [likely Nathan’s brother] lived alone.

Nathan’s children are not found in the 1850 census. In 1860, Josiah Blackwell, 21, was listed as a steam mill laborer in the household of engineer John Valentine. On 27 March 1861, Josiah married Becky Mitchell at Wiley Lamm’s steam mill. In 1860, Nathan E. Blackwell, 20, is listed as a wagoner living in the household of farmer Robinson Baker in Wilson County.

North Carolina Wills and Probate Records, 1665-1998 [database on-line], ancestry.com.

I did the best I could.

North Carolina     }           In the Superior Court October Term 1897

Sampson County }

Hardy A. Brewington, Joshua Brewington, Simon Brewington, Nathan Brewington, Nancy Goodman and her husband J.B. Goodman, Lucy Strickland and her husband J.S. Strickland, Eliza Manuel and her husband Alvin Manuel, Bashaby Brewington, Mary Wheeler, Lulu Brewington and Luther Brewington heirs at law of Raiford Brewington Jr. and Allen B. Brewington by his guardian Hardy A. Brewington, Plaintiffs

Jno. R. Jacobs, Rocia Lee Brewington and her husband J.A. Brewington, Lillie B. Brewington and her husband M.L. Brewington, and Jno. R. Jacobs, guardian ad litem of Della Jacobs and Lavinia Jacobs, Defendants

The plaintiffs complain of the defendants and allege:

I.    That on the 20th day of Nov. A.D. 1890 Raiford Brewington & his wife Bashaby Brewington executed a deed to John R. Jacobs and his wife Polly Ann Jacobs for the following described tract of land to wit: Situate in Sampson County State of North Carolina and adjoining the lands of Nathan Brewington, James M. Parker and others and bounded as follows; Beginning at a stake on the lane and runs about S 550 yards to a stake at an old post oak stump the line of Jas. M. Parker & W. Royal thence west about 750 yards to a stake on the west wide of Beaver Dam swamp, thence up the edge of the swamp to a shortleaf pine at the ditch, thence East 750 yards to the beginning containing 75 acres more or less.

II.    That the deed aforesaid is duly recorded in the office of the Register of Deeds of Sampson County Book 76 p 193 a copy of which deed is marked “Exhibit A” and hereto attached and made a part of this complaint, which deed does not convey the said lands in fee simple but upon certain stipulations and conditions in words as follows: — The said Raiford Brewington & wife Bashaby Brewington excepts their life time estate in said lands and the said John R. Jacobs and Polly Ann Jacobs and their heirs are to support the said Raiford Brewington and wife Bashaby Brewington and their son Allen B. Brewington during their natural life time and furnish them with good comfortable cloths. When the said John R. Jacobs and wife Polly Ann and their heirs fails to comply with the above obligations then their right and title to the aforesaid land shall be void and a further condition in said deed is that the said Raiford Brewington & wife Bashy shall have the use of said property during their life time but shall not sell any of said property not land unless it is agreeable with J.R. Jacobs & wife Polly Ann. Neither the said J.R. Jacobs and Polly Ann shall sell any of said property nor land unless it is agreeable with Raiford Brewington & wife Bashaby.

III.     That upon the execution & delivery of said deed to wit on Nov 20th 1890 the said Jno. R. Jacobs & wife Polly Ann Jacobs went into possession of the lands described in said deed and exercised possession and full control of same until 1893 when Polly Ann Jacobs died, but during this period they did not fully comply with the conditions of said deed and Raiford Brewington & wife Bashaby were required to work and furnish their own support. After the death of Polly Ann Jacobs, her husband Jno. R. Jacobs & the heirs of Polly Ann Jacobs continued to live on the premises & exercise possession & full control of same until about Jan 1st 1896 when they quit the premises & furnished no further food or support in any way since to Raiford Brewington & wife Bashaby Brewington of their son Allen Brewington nor did the said Jno. R. Jacobs & the heirs of Polly Ann Jacobs comply with the conditions in said deed before they deserted the premises but instead wasted & used the provisions made & provided by the said Raiford Brewington & wife with whom the said Jno. R. Jacobs & family loved.

IV.     That Polly Ann Jacobs is one of the children and heirs of Raiford Brewington & Bashaby Brewington and has been fully provided for by them before said deed was executed to them. That Allen Brewington one of the children is an idiot and the only heir not provided for by Raiford Brewington, and the lands conveyed to Jno. R. Jacobs & Polly Ann Jacobs in the deed set out above was the sahe of the Raiford Brewington estate that he intended for his son Allen Brewington and for himself and wife Bashaby Brewington as long as they should live.

V.      That in January 1896 Raiford Brewington died leaving his wife Bashaby Brewington & son Allen Brewington with no one to support them, as Jno. R. Jacobs and the heirs of Polly An Jacobs had broken the conditions in said deed by leaving the premises & refusing to provide them any support.

VI.     That if said deed shall remain in full force & effect, it would be in violation of the conditions in said deed, and contrary to the will and intent, and the express declaration of the grantors therein & would leave them without any means of support.

VII.      That if said deed shall remain in full force and effect Jno. R. Jacobs and the heirs of Polly Ann Jacobs would thereby receive a double share of the estate of Raiford Brewington to wit: the share of Allen Brewington and the share of Polly Ann Jacobs which latter share had been allotted to her before the execution of said deed.

Wherefore the plaintiffs pray:

I.             That the deed referred to in Article I of this Complaint be declared null and void and that a suitable person be appointed by the court to take the title of said land and hold the same in trust for Bashaby Brewington and her son Allen Brewington and the rents and profits therefrom be applied to the feeding, clothing & support of them as long as they both shall live and the remainder to the heirs at law of Raiford Brewington.

II.            For cost and general relief —   Lee & Butler attys for the plaintiffs.

Hardy A. Brewington being duly sworn according to law says that he has read the foregoing complaint or heard it read and that he knows the contents thereof to be true except such matters and things as are set out on information and belief and those he believes to be true.

Subscribed & sworn to before me this the 29 day of October 1897   /s/ H.A. Brewington

——

The file also contains notes from trial testimony:

Hardy Brewington — am son of Raiford Brewington – he had twelve children – Polly Ann Jacobs is my sister – My father gave her Polly Ann $300 in money & $100 in other property – My father never gave Allen Brewington anything – He is an idiot – 48 yrs old never did any work – My mother is living is 86 or 87 yrs old – not able to work – Allen lives with her – Jacobs & wife came into possession at date of deed They lived on the land with my mother 5 yrs – Polly Ann died about ’93 – Jacobs lived there 2 ½ yrs after death of wife – Jacobs went to Dudley in Wayne Co & has lived there ever since – My father was then living on the land – he died at 85 yrs – Jacobs provided very poorly for the old man wife & son provisions were poor & not plenty of it. Jacobs was liable to drink & will go off & leave them unprovided for in food & fuel. Land tolerably good when Jacobs took possession, pretty poor when he left He always had plenty to eat & good clothes – The Heirs of Polly Ann Jacobs left the old people neglected – Jacobs could have remained on the land & made them more comfortable – He cut timber & carried to Wilmington – and wasted the money – Myself & son have supported the old people since Jacobs my married defnts daughter – Jacobs has done nothing for them since ’95 – Have heard old man complain of being hungry – cold &c. – Raiford Brewington & wife did not consent to the mortgage didn’t know of it until six or eight months after – He said Jacobs had given a mortgage & he didn’t know what wd become of him – My father died in ’96 – My mother & Idiot have no means of support except this land – Whitney Royal wrote the deed – Jacobs moved from Dudley down on this land – Jacobs married 2nd time after about 1 ½ yr after wife’s death – Jacobs got money from Parker $30 & my father said he would see it paid. – Note given about 12 mos before mortgage

Jim Strickland — Live 2 ½ miles from place – I married Raiford Brewington’s daughter – He gave her $200 – Jacobs didn’t give them enough to eat – at all times – his clothes were common – Jacobs has done nothing for them since ’95 – Place was better when he came than when he left – Land not worth much now – Brother Hardy & son Arthur have been supporting them since Jacobs left

Arthur Brewington – Am son of Hardy Brewington Jacobs staid on the land about 5 years – The food was pretty poor like the most of us meat & bread – Before Jacobs went there could get as good a meal as anywhere – he wd leave land neglected – Drank every week – Raiford put me there after Jacobs left – Me & my father have been supporting the old people – They complained of want of food & fuel – I did the best I could under the circumstances – Jacobs could have done better than he did.

J.R. Jacobs – Am one of Defn’ts – When I went there but little provisions – fence gone down pretty much – I made a crop next I put 2000 [illegible] the spring I went there & clean out ditches I did the best I could – all eat at same table – He complained some like old people will do – Neither of them suffered for food or fuel I cut timber & carried to Wilmington – no profit – My wife lived about 4 yrs after I went there – I did the best I could – Arthur seemed to be their choice – We bargained for Arthur to go there & take my obligation with consent of old people – I was in debt in Clinton – I went to Parker to get the money – Old man helped to get up money – Old Man was present – gave boundaries &c — $35 note was to pay for guano – I owed Vann $25 for corn – I carried it home he carried it [illegible] – All of it was for money used on the place & for mule worked on place. Raiford [knew] all about it – I gave a lien on crop that year – The $35 mortgage was included in the $125 mortgage Raiford Brewington only once came here – The $125 mortgage was made on the plantation & he knew about it, and was willing to it – Judgmt agst me for Parker – 40 acres of cleared land on the place – Raiford Brewington asked me to cancel the deed I told him I didn’t [think] it right to do so. This was after my wife died.

J.L. Brewington – Raiford Brewington was my father – Hard to please he wanted something to drink He had a heap to feed – people & stock – Jacobs did the best he could The old man grumbled all the time – but had plenty to eat –

Jonathan Goodman – Live about ½ miles from the place – I saw the old man frequently – He lived as good as most any farmer – While Jacobs lived there – he lived as well as common run of people that had no more – Jacobs drank some – It seemed as if Jacobs wished to please him – he was off at times –

Mary Eliza Brewington – Raiford was my husbd father – I lived ½ mile from him I heard Raiford say it was a just debt as far as he [illegible] and he wanted Parker paid – The old people got along as well as one could expect

J.R. Parker – The $35 mortgage Raiford & Jacobs came to me & wanted to borrow some money – Raiford proposed to meet him in Clinton & make up the papers – which we did – I let Jacobs have some corn & bacon – This was cancelled to make up the $125 mortgage – The cash that I gave Jacobs – and the note for $35 with the money due me makes up the $125 – I know that Raiford knew of the $125 note & mortgage — $35 was all money – how much more I don’t know – over half of it – There was an indictment agst Jacobs for passing counterfeit money. Raiford came to me & didn’t say he would or wouldn’t sign the $125 –

Marshal Newman – Was J.P. – at time mortgage was made – Parker & Jacobs got me to write this mortgage – it was made at Nathan Brewington’s house Raiford was not present, and never said anything to me about it. Nathan Brewington’s was convenient to Jacobs –

Hardy Brewington (re-called) – We knew nothing about $125

——

Judgment for Hardy Brewington et al. The judge found that John and Polly Ann Jacobs had not complied fully with the terms of the deed and ordered that (1) the deed from the Brewingtons to the Jacobses be declared null and void; (2) Hardy Brewington be appointed trustee of the land for the sole use and benefit of Bashaby and Allen Brewington during their lifetimes; (3) after the deaths of Bashaby and Allen, Hardy was to be discharged from his trusteeship, and (4) John Jacobs and the Parkers were to pay court costs.

From the file of Polly Ann Jacobs, Sampson County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

In the 1860 census of Honeycutts, Sampson County: Raiford Brewington, 48, farmer; wife Basheba, 45; and children Thomas, 21, Ann E., 17, James, 15, Hardy, 13, Joshua, 11, Raiford, 9, Simon P., 8, Polla A., 6, Allen B., 4, and Nathan, 1; all mulatto.

Lucky negro.

A colored teamster at Newark, N.J., named James Thorp, has become heir by will to an estate in North Carolina valued at $75,000. The testator is undoubtedly the father of Thorp, who owes his life and his good fortune to one of those frequent accidents at the South, by which the difference of races is rapidly fading out.

Troy (NY) Daily Times, 1 October 1858.

——

LUCKY NEGRO. – A gentleman well known to the merchants of the city, says the South Side Democrat, went north a few days since in search of a free negro from Rocky Mount, N.C., who had lately become heir to a large fortune.

We copy the following from the Newark Daily Advertiser, and have no doubt it refers to the same person:

A FORTUNATE TEAMSTER – It is stated that a colored teamster in this city, named James Thorp, has been left property by a gentleman in North Carolina, valued at $75,000, which will be placed in his hands as soon as his identity is legally established, of which there is no difficulty. Thorp was born on the estate in Carolina, and was afterward sent North to school at Norristown, Pa. He left school and has since been married and endeavored to sustain himself. He is represented as worthy of the good luck which has so suddenly enriched him.

Newbern Daily Progress, 4 October 1858.

In the 1860 census of Newark, Essex County, New Jersey: James Thorp, 34, teamster, born in NC, and children Emma, 3, and Wilson, 6, plus Ellen DeCamp, 10, Emaline Obey, 23, and Hannah Henderson, 50. All described as black. The children and Emaline were born in NJ, and Hannah in NY. Thorp reported owning only $1000 real property and $100, personal.

They are non-residents.

State of North Carolina,

EDGECOMBE COUNTY.

Court of Pleas and Quarter Sessions,

AUGUST TERM, 1853.

Obedience Lassiter vs. Silas Lassiter

Morrison Artis and wife Sally

and others,

Petition for Dower.

IT appearing to the satisfaction of the Court, that Morrison Artis and his wife Sally are non-residents of this State: It is ordered by the Court that publication be made in The Southerner, for six weeks, notifying them to appear at the Court House in Tarboro’, on the fourth Monday of November next, then and there to answer said petition, or the same will be taken pro confesso and heard ex parte as to them.

Witness, W.S. Pitt, Clerk of said Court, at office, the fourth Monday of August, A.D. 1853. W.S. PITT, Clk.

The Southerner (Tarboro), 5 November 1853.

——

The Lassiters and Artises were heirs of Hardy Lassiter.

The predicament.

As we have already noted, according to the laws of the colonial period, illegitimate children acquired the status of the mother, and this ruling explains the predicament of John Oggs’ children. Oggs was a bachelor whose housekeeper and cook was his slave, a Negro woman named Hester. By her he fathered four offspring, two males and two females. To “my gairl Alley (Alice)” and “my boy Jesse” he devised an equal interest in the plantation whereon he lived. To “my gairl Prudence” and “my boy Charles” he bequeathed the “land on the Island.” The total acreage of his real estate was between two and three hundred acres. He had failed, however, to provide for the manumission of either the mother or her children and since the law prohibited a slave from owning real property, the complications produced by the will became immediately evident. Here were properties clearly intended for individuals who were unable to exercise the privileges of ownership.

This peculiar state of affairs continued for a period of eighteen years, the boy Jesse having died in the meantime, when John Hamilton solved the problem by sponsoring a special legislative enactment, doubtless at the behest of interested persons in Camden and in Pasquotank. Following are quoted pertinent passages from the act finally passed by the State Legislature: “And whereas, the within mentioned Hester, and her children Charles, Alley and Prudence Oggs, are recommended to this General Assembly by several very respectable inhabitants of Camden and Pasquotank, as worthy of being manumitted and set free agreeable to the intentions of their father John Oggs. . . . Be it therefore enacted, that the said Negro woman Hester, and her children Charles, Alley and Prudence Oggs, are hereby manumitted and set free to all intents and purposes, and to possess all rights and privileges as if they had been born free.”

Exercising their long-delayed rights of ownership, for a few years the Oggs heirs sold and bought real estate. The father had owned one tract located in a neighborhood now known as Wickham, and the other was on Indian Island. Prudence finally purchased fifty acres on Indian Island, where she apparently spent her last days. Hester and the other two children later assumed the surname of Dixon. Eventually they sold all their possessions and departed for parts unknown.

Excerpt from Jesse F. Pugh, Three Hundred Years Along the Pasquotank (1957).

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

—–

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 was business first, last and all the time.

State Fair Entries.

The following are some of the entries in the First Department:

THOROUGHBREDS.

Moses Simmons, Cleveland, Gelding “Frank Greyson.”

Plain Dealer, Cleveland OH, 11 September 1863.

———-

WAS BORN A SLAVE

And Freed by His Master Half a Century Ago.

MOSES SIMMONS’ CAREER.

CAME TO CLEVELAND PENNILESS AND AMASSED A FORTUNE.

SHREWDNESS AND THRIFT

POSSESSED BY HIM, THOUGH HIS EDUCATION WAS LIMITED.

Earned His First Money by Cleaning Horses at Ten Cents a Head – A Member of Several Fraternal Organizations.

For forty-eight years the face of Moses Simmons, who died Saturday, was a familiar one in this city. “Mose,” as he was familiarly known, was a unique character. And well known in the public places of the city, partly on account of his portly figure and partly because of his genial disposition. He had the ability to make money. He was business first, last, and all the time.

Born a slave and held in slavery until twenty-nine years of age, when in a sudden burst of generosity his master freed him, Simmons was compelled to LOOK OUT FOR HIMSELF. So well did he learn the lesson of self-dependency that his fortune at the time of death is estimated at anywhere from $20,000 to $70,000. He was extremely reticent about his business affairs and made a confidant of no one. It is known that he owned valuable real residence property on Laurel street near Scovill avenue and also an interest in several fast horses. He was a lover of horseflesh and always owned one or more high steppers.

“Mose” Simmons was seventy-eight years of age when he died. He was born in Mount Olive, N.C., on the plantation of a man named Richards. His master sustained a reverse of fortune and “Mose” with the rest of the slaves on the place was sold to a trader. He had been a great favorite of his master, and the latter, as soon as he could secure enough money to purchase his former slave again, did so. Mr. Richards brought “Mose” to Philadelphia when the latter was twenty-nine years of age. In that city the spirit of abolition was becoming more and more pronounced and Mr. Richards freed him. Fearing that his master might repent of the generous deed, Moses determined to take advantage of his liberty and secretly left the Quaker City. He came direct to this city. On his arrival he found himself without means and very hungry. For days he wandered about the city and in search of food. He often told his friends of later days of standing near the kitchen of the late “Joe” Richards’ restaurant AND BEGGING FOOD.

He secured work at last in a stable on Academy street cleaning horses at ten cents per head. This was his beginning. By untiring industry and careful frugality he succeeded in making himself comfortable. He was naturally shrewd and possessed with an intelligence which made up in great part for his lack of a school education. He delighted to discuss politics and became a representative of his race in local affairs. He was appointed inspector of catch basins under Mayor Gardner’s administration.

As a horse trader Simmons was known all over the city and his bargains were always reported to work to his own advantage. He engaged in the saloon business on Michigan street for a time but abandoned it, as he found it contrary to his inclinations. For many years he was proprietor of the barber shop under the Striebinger House and also of one on Ontario street. Fortune smiled on him and he became a money lender for the colored people of the city. He also was known as a professional bondsman. At the time of his death he lived alone at No. 423 Erie street, where he had a small barber shop and also conducted a coal business. Although twice married, he was destitute of near relatives. For the last eleven years of his life he referred to live alone, becoming almost a recluse, raking interest only in his business affairs. His only deviation from this rule was to attend to the meetings of several lodges of which he was a member. He belonged to the colored Odd Fellows, Masons, and Knights of Pythias. In the colored Masonic fraternity he had taken thirty-two degrees. He belonged to the rank of the colored Knights of Pythias.

His last sickness was a few weeks’ duration, but it was only a week ago that he was unable to leave his bed. He shared his bachelor home with a young man, Fred Dixon by name, whose father had been Simmons’ intimate associate. It was in Dixon’s arms that he died. Mrs. Eliza Bryant, of no. 23 Newton street, and Miss Effie Simmons, of No. 16 Waller street, are his only known relatives. The funeral will be conducted from the undertaking rooms of Black & Wright Wednesday afternoon under the auspices of the fraternal organizations with which he was intimately connected.

Cleveland Leader, 29 January 1900.

———-

HACKED WITH A KNIFE.

MOSES SIMMONS’ HORSE ALMOST CUT TO PIECES.

The Owner Was Dying When His Barn Was Entered and the Animal Wounded.

A cowardly brute Saturday night, evidently in a spirit of revenge, went to the barn of the late Moses Simmons, of No. 458 Erie street, and cut and hacked a brood mare in a horrible manner.

Saturday night Moses Simmons died at his home. It was later than usual before any member of the family entered the stable to care for the horses. When Fred Dixon, a young man who lived with Simmons, opened the stable door yesterday morning, he heard one of the horses moaning. He hurried to the stall of the favorite horse, a large gray brood mare. She was lying in a pool of blood and was bleeding from many wounds.

Some time during the night some one entered the barn and with a large knife cut and slashed the horse Her hide and flesh were laid open nearly to the ribs on one side, and there were deep cuts all over her body.

Patrolman Kiel was called and was asked to shoot the animal, as she was suffering intense agony. The mare had been a pet and favorite of Simmons for some year.

No reason for this dastardly deed is known. The police will try to locate the brute who committed the crime.

Cleveland Leader, 29 January 1900.

———-

Legal Notice.

STATE OF OHIO, CUYAHOGA COUNTY, ss.  } In the Probate Court

Charles Bundy, as Administrator of the estate of Moses Simmons, deceased. } Plaintiff.

vs.

The Society for Savings, Maria Thompson and the Unknown heirs of Henry Simmons, of David Simmons and of Ferrebe Greenfield, respectively, deceased.  } Defendants.

Maria Thompson, who resides at Goldsboro in Wayne county, North Carolina, and the unknown heirs of Henry Simmons, of David Simmons, of George Simmons, and of Ferrebe Greenfield, respectively, deceased, heirs at law of Moses Simmons, deceased, will take notice that Charles Bundy, as administrator of the estate of Moses Simmons, deceased, on the ninth day of March, A.D., 1900, filed his petition in the Probate Court within and for the County of Cuyahoga, and State of Ohio, alleging that the personal estate of said decedent is insufficient to pay his debts and the charges of administering his estate; that he died seized in fee simple of the following described real estate, situate in the City of Cleveland, County of Cuyahoga, and State of Ohio, to-wit: — known as being all of the sub-lots Nos. 104 and 105 in James M. Hoyt’s sub-division of ten-acre lot No. 37 in said city, and together makes a frontage of 30 feet upon the westerly line of Sterling avenue, and extends in rear to Laurel street 148 and 3/12 feet in depth. That the said defendant, the Society of Savings, holds a mortgage lien on said real estate by virtue of a certain mortgage executed to it as mortgagee by the said decedent during his life time, dated November 4, 1894, and recorded in Vol. 959, page 509, of Cuyahoga County records, that the amount recurred by said mortgage is Five Hundred Dollars, as indicated in exhibit “A,” attached to said petition. That the last half of the taxes for 1899 are unpaid and are alien on said real estate. That it would be for the best interests of the estate of the said Moses Simmons to sell said real estate at private sale for the reason that the character and location of said property leads plaintiff to believe that he could sell the same for greater sum at private sale than at public auction.

The prayer of said petition is that the plaintiff may be authorized to see said real estate to pay debts at a private sale, according to the statute in such case made and provided.

The persons first above mentioned will further take notice that they have been made parties defendant to said petition, and that they are required to answer the same on or before the 12th day of May, A.D. 1900.    CHAS. BUNDY, Administrator as aforesaid.

March 9, 1900.     ALEX. H. MARTIN, Attorney.

[Sidenote:  The biography set forth in Moses Simmons’ obituary is peculiar in many particulars. First, his age is given as 78, though his death certificate lists it as 66. (An age within 0-5 years of those reported in census records.) Most startling, however, is the elaborate account of his alleged enslavement until age 29. Richards is an uncommon name in the Mount Olive area, and none appear in the 1840, 1850 or 1860 censuses of Wayne or Duplin County. That Moses was related to the large Simmons free family of color of Wayne County does not guarantee that he, too, was free, but all evidence indicates that in fact he was. He is listed in the 1850 census as an 18 year-old living in the household of Adam Winn in North Division, Duplin County. He was the son of Itey (or Ida) Simmons, who was free at least as early as 1854, when her son David conveyed to her a life estate in the land on which she was living. (Itey named David and Moses Simmons in her 1884 will – noting that she did not know if Moses were living – as well as the Maria Thompson named in Moses’ estate notice.) His kin Polly, Eliza and Buckner Simmons arrived in Cleveland in the early 1850s. Did he come with them? Why the myth of servitude? (And, speaking of myths, what happened to the fortune he was believed to have accumulated?)

P.S. Moses Simmons appears in dozens and dozens of Cleveland newspaper articles between 1863 and his death in 1900, with topics spanning his real estate and business dealings, his political maneuverings, his horses and his legal wrangling. Highlights: in 1877, an announcement for his bailbonding business; the same year, a notice that he was seeking divorce from wife Rettie, who had abandoned him; in 1884, an announcement for the opening of his tonsorial parlor; and in 1892, a report about a fire at his livery stable. – LYH]

An equal share being $8.75.

State of N. Carolina, Warren County   }

In obedience to an order to us directed from the worshipful the County Court of Warren November Term 1844, we the undersigned commissioners appointed to divide the lands of Matthew Evans Dec’d have divided the same according to the prayer of the Petitioners in the following manner to wit, Lot No 1 drawn by Fanney Toney containing seven Acres valued $1.50 cts per Acre making the sum of $10.50 his Equal Share being $8.75 he is to pay to Lot No 2 $ 1.75 cts the Boundary of which can be seen by refference to the surveyors report.

Lot 2 Drawn by Moses Evans containing seven Acres valued at $7 his equal share being $8.75 he is to receive from Lot No 1 $1.75 the boundary of which can be seen by refference to the surveyors report.

Lot No 3 Drawn by Isaac Evans and containing seven Acres valued at $1.25 cts per Acre making the sum of $8.75 which is his equal share the Boundary of which can be seen by refference to the surveyors report.

Lot No 4 Drawn by Henry Evans valued at $1.25 cts per Acre and containing seven Acres making the sum of $8.75 which is his equal Share.

Lot No 5 Drawn by Crecy Green and valued at $1.50 cts per Acre and containing seven Acres making the sum of $10.50 his equal share being $8.75 cts he is to pay to Lot 7 $1.75 the Bound of which can be seen by referance to the surveyors report.

Lot No 6 Drawn by Nancy Green and valued at $1.50 cts per Acre and containing seven Acres making the sum of ten dollars and fifty cents She is to pay to Lot No 8 one dollar and seventy five cents her equal share being only eight dollars and seventy five cents.

Lot No 7 Drawn by Cely Toney and valued at One dollar per Acre making the sum of seven dollars her equal share being eight dollars and seventy five cents. She is to receive from Lot No 5 one dollar and seventy five cents the Boundary of which can be seen by referance to the surveyors report.

Lot No 8 drawn by Patience Martial and valued at one dollar per Acre making the sum of seven dollars his equal share being eight dollars and seventy five cents. He is to receive from Lot No 6 one dollar and seventy five cents the Boundary of which can be seen by referance to the surveyors report.

All of which is respectfully submitted.   /s/ W. C. Williams, Miles Bobbitt, David D. W. Dowtin

Estate Records, Warren County, North Carolina State Archives.

In the 1850 census of Warren County: Isac Evans, 45, farmer, wife Winny, 44, and children Isac Jr., 21, Mathew, 17, Drucilla, 16, Henry, 13, Crockette, 10, Winny, 9, Elizabeth, 8, Doctor, 6, Nancy, 5, and Moses Evans, 2. Also, Allen Green, 60, Pitts Green, 15, Creasy Green, 55, and John Green, 4. In Warrenton, Warren County: James Green, 73, painter, wife Nancy, 53, and son James, Jr., 15.

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.

It was for their own good.

Troublesome Escheats.

A free negro had a daughter, the slave of another. He bought her, and she then became the mother of a boy. The woman’s father died without kin and intestate. His child and grandchild being his personal property became the property of the University. They were ordered to be sold. This sounds hard, but it was proved to the Board that they were in the lowest stage of poverty and degradation and that it would redound to their happiness to have a master. It must be remembered that slaves were considered to be as a rule in a better condition than free negroes.

From Kemp P. Battle, History of the University of North Carolina from its Beginning to the Death of President Swain 1789-1868 (1907).