Births Deaths Marriages, Free People of Color, Migration, Newspaper Articles, Paternal Kin

The last will and testament of Anna Henderson Simmons.

STATE OF INDIANA, CASS COUNTY, SS:

BE IT REMEMBERED, That on the 10^th day of July, 1906, the following proceedings were had in the Cass Circuit of Indiana, in the matter of the Estate of Anna Simmons, deceased, as entered of record in Probate Order Book No. 31, page 589, which proceedings are in the words and figures as Follows, to-wit:

IN THE MATTER OF THE ESTATE OF ANNA SIMMONS, DECEASED PROBATE OF WILL, July 10, 1906.

Comes now on this 10^th day of July 1906, John W. Markley, one of the subscribing witnesses and presents to the Clerk of the Cass Circuit Court, for probate the will of Anna Simmons, deceased, dated May 14^th of May [sic] 1906, and shows by the affidavit of John W. Markley one of the subscribing witnesses to said will in proof thereof, that at the time of execution of said will the said Anna Simmons was a person over twenty one years of age, of sound disposing Mind and Memory and not under any coercion or restraint, and that said decedent departed this life testate in Cass County in the State of Indiana, on the 16^th day of June, 1906. And thereupon said will is admitted to probate by the Clerk of the Cass Circuit Court as the last will and testament of Anna Simmons, deceased, And said will and the affidavit of John W. Markley in proof thereof are now spread of record by the Clerk of the Cass Circuit Court, in the Will records of Cass County Indiana, as the last will and testament of Anna Simmons, deceased, which will and affidavit in proof thereof are in these words

In the name of the benevolent Father of all

I Anna Simmons wife of Montraville Simmons being of sound and disposing mind and memory do hereby make and publish this as my last Will and Testament, hereby revoking and making void any and all wills by me at any time heretofore made.

First: I direct that all my just debts be paid out of the first moneys coming to the hands of my executor hereinafter named.

Second. I will devise and bequeath to my children, Moncy A. Bassett, Doctor T. Simmons, Susan Bassett, Montraville Simmons Jr. and Edward Simmons, a certain mortgage and debt secured thereby, which mortgage is executed by Montraville Simmons March 23^rd 1903, to me to secure money advanced to said Montraville Simmons by me of funds received from my father, as a portion of my interest in his estate. Said mortgage is recorded in the Recorders office in Cass County Indiana in mortgage record No. 49 page 314, but the devisees aforesaid are not to compel a collection of said debt as long as the interest on said debt is paid by the said Montraville Simmons.

In the event that said Montraville Simmons becomes incapacitated for work and has no income so he is able to pay any interest on said mortgage & it becomes necessary to foreclose said mortgage to preserve the property and debt, it is my desire that the children above named look after the comfort of their father and to such end that they use such p[art of the prcoeeds said mortgage as is necessary to provide for his subsistence and comfort.

I hereby appoint Doctor T. Simmons my son to act as Executor of this my last will.

In testimony whereof I have hereunto set my hand this 14 day of May 1906. Anna (X) Simmons

Witness Benjamin D. Bradfield

Subscribed by the testator in our presence as his last will and testament and at her request, subscribed by us in her presence and in the presence and in the presence of such other as witnesses to said last will. John W. Markley, Benjamin D. Bradfield

——

Beyond the gobsmackedness of finding that Anna Henderson Simmons had a will at all, there is this:

The will is dated just a month before Anna died on 16 June 1906. Her mind was sound, but she knew her body was failing.
All she left to her children was the mortgage she held on her husband Montraville Simmons’ property. She had secured the mortgage to ensure that Montraville repaid a loan she made him.
Incredibly, she cites as the source of the money lent “funds received from my father, as a portion of my interest in his estate.” Funds received from her father’s estate???? Anna’s father, James Henderson — my great-great-great-great-grandfather — died about 1890 in Wayne County, North Carolina. I have found no probate records for him there or anywhere.
Montraville executed the mortgage on 23 March 1903. According to a lawsuit Anna filed in December 1905 — which had the effect of stalling claims by Montraville’s many and exasperated creditors — Montraville was in debt to her for $3500. While some small portion of that may have been inherited from her father, it is hard to believe that James Henderson’s estate totaled $3500, much less that his estate remitted that amount to the one child (of his dozen or so then living children) that he had not seen in 30 years.
Even if their father defaulted on the mortgage — and despite his abuse of his family, about which more later — Anna wanted her children to care for him. She could not have known, of course, that her compassion would be wasted, as he would remarry within the year and set off a new wave of scandal.
To wit, from the 9 April 1907 Logansport Pharos-Tribune: “Married [to Emily Langford] March 11 and separated March 16, and in the meantime to have another darky come along and love his wife right in his presence is the ‘terrible’ experience which Montraville Simmons was ‘his’ during this short but eventful honeymoon.” Montraville (described as a “darky of large proportions”) claimed that Emily allowed William Wilson to “hug, kiss, caress and fondle” her in his presence and, when he protested tried to kill him with a flatiron. Montraville filed for divorce, but on 9 July 1907, the Pharos-Tribune reported that the Monticello, Indiana, paper had reported that Montraville “is gathering up the ragged remains of his matrimonial venture in our local colored colony” and had dropped the divorce action. This dysfunction roiled on into 1908, when the Logansport Daily Reporter alerted Cass County that Montraville had beaten Emily badly for breaking a mug and spilling his beer.
Witness Benjamin D. Bradfield was an Irish-born doctor who practiced for decades in Cass County. John W. Markley owned a title company.
Dock Simmons did not prove to be a worthy steward of his mother’s estate. (To be fair, the “more notoriety” label was probably more applicable to his father than to him.) From the 9 February 1909 edition of the Logansport Times:

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Anna’s legacy disappeared under a flurry of lawsuits. Later newspaper reports show that by 1909 Montraville and the children were under siege by various creditors holding judgments totaling hundreds of dollars. Montraville Jr. died in 1910 at the tender age of 28; his father followed two years later.

Births Deaths Marriages, Other Documents, Paternal Kin

No information that the deceased left a will.

Little more than a month after his death, Caswell C. Henderson‘s widow Carrie applied for letters of administration for his estate.

005548449_00192

Her petition noted that he had been a resident of 1884 Belmont Avenue, Bronx; had died in Yonkers; and had left no will.

005548449_00193

She identified his next of kin and heirs at law as his brother Lucian Henderson of Dudley, North Carolina, and sister Sarah Henderson Jacobs of Wilson, North Carolina.

005548449_00194

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Bronx Probate Administration Records, #161-193; New York, Wills and Probate Records, 1659-1999 [database on-line], http://www.ancestry.com.

Births Deaths Marriages, Land, Newspaper Articles, North Carolina

Dr. Ward’s empire.

Wilson Advance, 22 August 1889.

The Civil War set Dr. David G.W. Ward back, but not for long. When he died in 1887, he stood possessed of more than 1900 acres in Wilson and Greene Counties.

[As an aside, Ward’s administrator, Frederick A. Woodard, was elected Democratic Congressman to the U.S. House of Representatives in 1892. He lost his bid for re-election to George H. White, a visionary African-American who was the last black Southerner elected to Congress until the post-Civil Rights era. I attended a middle school named for Woodard.]

[As another aside — literally — I think it’s safe to say that Sarah Ward’s children received nothing from the doctor’s estate.]

Enslaved People, Maternal Kin, North Carolina, Other Documents

52 Ancestors in 52 Weeks: 3. Strong Woman.

I’ve been working on my Book of Negroes post, digging in my Family Tree Maker files and through scanned documents, cross-referencing and making notes. At the top of the list of enslaved ancestors is Juda, a woman named in the 1819 will of Elizabeth Kilpatrick of Rowan County, North Carolina. Kilpatrick left her “negro boy Dave” to her son Robert Kilpatrick, her “negro girl named Lucinda” to her daughter Mary Kilpatrick, and directed that her executors sell her “negro woman Juda and all her children (not disposed of).” There are gut-punches all through this document — Lucinda was my great-great-great-grandmother — but that last one always tears me all to pieces. Put it all together, and you see that Kilpatrick owned one family of slaves — Juda and her children — and she directed that that family be ripped apart upon her death.

Elizabeth Kilpatrick’s will was devastating enough. And then I found her 1829 estate records. There, in faded script is the last sighting of Juda and her not-disposed-of children, Matthew, John, and Kezy. It’s damnably hard to read, but if you peer closely: Negroes Juda $50 Matthew $425 John $2[illegible]0. And below, a notation: Kezy Unsound Not sold by consent of Heirs Remains in the hands of [illegible]. (Another note in the file records a change of heart — on 20 October 1830, Kezy was, in fact, sold for $74.75.) I don’t know how old Juda was when she was sold away from her children in 1829, nor Matthew, John, Kezy, or Dave, but Lucinda was about 13.

And, so, without the need to explain further, the “strong woman” to whom I dedicate this edition of 52 Ancestors in 52 Weeks is my great-great-great-great-grandmother Juda.

Estate of Elizabeth Kilpatrick (1829), North Carolina Estate Files 1663-1979, http://www.familysearch.org

Education, Enslaved People, Land, Maternal Kin, North Carolina, Other Documents

Writing.

My grandmother tells a story:

… Jay and I were supposed to clean the house on Saturday. You know, do the vacuuming and dusting and cleaning and everything. And then I would play, and we would play, and Grandma would say, “I’m gonna tell your mama. I’m gonna write your mama and tell your mama how you act.” She said, “I can’t write her right now ‘cause I’m nervous,’ you know.” Couldn’t write a lick. [I laugh.] Couldn’t read …. I don’t think she could read or write, but I know she couldn’t write. Bless her heart. She says, “I’m gonna tell your mammy on you. You see if I don’t. And, see, if I wont so nervous, I’d write her, but I’m too nervous” – couldn’t write any more than she could fly! [Laughs.]

Martha Miller McNeely, born into slavery in 1855, may not have been able to read or write, but her children signed their names in clear, firm hands that evidence both their early education and their easy familiarity with penmanship. Their father Henry, the literate son of a slaveowner, may have taught them rudiments, but they likely attended one of the small country schools that dotted rural Rowan County. (My grandmother said that her mother Carrie finished seventh grade and was supposed to have gone on to high school at Livingstone College, but the family used her school money to pay for an appendectomy for one of her sisters.) The document below is found in the estate file of Henry’s half-brother, Julius McNeely, who, unlike Henry, was not taught to read during slavery. Julius died without a wife or children, and Henry’s offspring were his sole legal heirs.

Signatures are often-overlooked scraps of information that yield not only obvious clues about literacy, but also subtleties like depth and quality of education and preferred names, spellings and pronunciations. They are also, in original documents, tangible traces of our forebears’ corporality — evidence that that they were once here.

——

Interview of Margaret C. Allen by Lisa Y. Henderson, all rights reserved. File of Jule McNeely, Rowan County, North Carolina Estate Files 1663-1979, https://familysearch.org. Original, North Carolina State Archives.

Births Deaths Marriages, Land, Maternal Kin, Newspaper Articles, North Carolina

John W. McNeely’s heirs.

John Wilson McNeely died childless in July 1871. Or at least, you know, childless in any way that mattered to probate court. He had not made a will, so his heirs at law were his widow Mary McNeely McNeely and his two surviving siblings. His son Henry W. McNeely did not warrant notice.

In August, Joshua Miller, administrator of John’s estate, and Mary McNeely filed a Petition to sell Land for Assets against John’s brother William B. McNeely and sister Acintha McNeely or Corryer [or, as most commonly spelled, Corriher.] McNeely’s debts totaled about $2000, and his estate was valued at only $800, of which $300 had been set off for his widow. At death John had owned “about 235 acres on Catheys Creek in Rowan County adjoining the lands of Joshua Miller, Frederick Menus, Dr. F.A. Luckey, and others” and valued at about $7/acre. This property was to descend to William, age 65, believed to be living somewhere Missouri, and Acintha McNeely or Corryer, age 60, living somewhere in Tennessee.

On 8 September, justice of the peace John Graham, J.M. Harrison, and S.A.D. Hart allotted a year’s provision to Mary McNeely, which included a mouse-colored mule worth $125, four horseloads of hay, 500 bundles of fodder, two hogs, one sow and four pigs, one old buggy and harness, 37 pounds of bacon, two bushels of Irish potatoes, one ax, an old washtub, one “foalding leg table,” one “old poplar cubbard & contents,” one waterbucket and washpan, a half dozen chairs, one candlestand, one bureau, an old looking glass, two beds and furniture, one small Bible, two Hymn books, four handtowels, and three “table cloth.”

William and Acintha were never located,* and, on 31 October, Joshua Miller sold the remainder of John’s personal property at auction. The items sold included a “crout” stand, 550 shingles, “sythes,” a log-chain, tanner’s knives, a cross-cut saw, ceiling-dogs, moulding planes, “clevis & strechers,” planes, “waggon cloth,” “hackel & chain oil,” a cultivator, a tar bucket, five sheep, nine hogs, a red calf, a blue calf, two cows, two horses, a mule, a bureau, mirror, a small table, two beds and furniture, a book case, a clock, two chests, two pairs of boots, shoe tools, sheep skins, a map, Scotts Bible, another Bible, a hymn book, 14 lots of books, a razor and strop, an armchair, ten chairs, one counterpane, a coon skin, two padlocks, a slate, and 240 1/2 acres of land sold at $10.80/acre for a total of $3266.19 1/4.

The land sale apparently did not go through, and six weeks later, Miller advertised the sale of 235 acres from John’s estate.

Carolina Watchman, 8 December 1871.

It is likely that Henry McNeely’s mother Lucinda worked in John W. McNeely’s household until he died. The 1870 census of Atwell township, Rowan County, lists J. Wilson McNeely and wife Mary at household #292; Henry W. McNeely, wife and children, including a son John Wilson, at #293 (this Henry was NOT John W.’s son, though he was certainly a nephew by marriage and/or cousin); then Lucinda, her son Henry and two grandchildren at #294 and Lucinda’s son Julius, wife and nephews at #295. I have no doubt that Lucinda and her offspring lived on John McNeely’s land. Or that the sale of John’s 235 acres forced them off. By 1880, they were living just north in Mount Ulla township, where Julius bought a small farm.

*I have never found a trace of Acenith McNeely Corriher, but William Bell McNeely outlived his brother by 13 years. More later on his life in Iron County, Missouri.

Births Deaths Marriages, Land, North Carolina, Other Documents, Paternal Kin

To my ….

Abstracts of wills filed in Wayne County Superior Court, Goldsboro, North Carolina:

Lizzie E. Hagans — (1) to my beloved husband Will S. Hagans and his heirs in fee simple my house and lot in the town of Goldsboro, situated on Oak Street between West Center and James Streets and known as 104 West Oak Street; (2) to my husband $5000 with all benefits from life insurance policy #190279, Phoenix Mutual Life Insurance Company; (3) Will S. Hagans appointed executor. Signed 5 August 1904 in the presence of H[enry] S. Reid and J.A. Dees.

On 2 May 1917, C[larence] Dillard and J. Peele swore that they were knew Lizzie Hagans for a number of years, were well-acquainted with her handwriting and verified her signature. Henry S. Reid also swore that he witnessed the will, which was recorded and filed on 3 May 1917.

She had inherited Oak Street house from her (probable) uncle, William Burnett. Lizzie Hagans died shortly after William S. Hagans moved his family from Goldsboro to Philadelphia.

——

Adam T. Artis — (1) S.S. Strother appointed executor; (2) a decent burial suitable to the wishes of my family and friends; (3) to my wife Katie Artis, all of the Thompson tract on which I now live, about 18 acres, all household and kitchen furniture and personal property; (4) to son Pinkney Artis, $100; (5) to son June Scott Artis, $10; (6) to son Henry Artis, $10: (7) to son Columbus Artis, $10; (8) to son William Artis, $5; (9) to son Walter Artis, $5; (10) to daughter Josephine A. Sherard, $15; (11) to son Robert Artis, $5; (12) sell the balance of my land to pay out the above, then divide the remaining in equal shares among my children Vicey Aldridge, Liza Evert, Augustus K. Artis, Georgana Reid, Mary Jane Artis, ~~Emma D. Locus~~, Ida Reid, Lillie Thompson, Napoleon Artis, Haywood Artis, Addie Artis, Annie Artis, Alberta Artis, and Jesse Artis, and, at Katie’s death, property to be divided among the twelve heirs above whose gifts are not limited. Signed with an X in the presence of W.F. Lewis, J.J. Coley and J.E. Exum. Codicil: (13) to son Noah Artis, $10.

Recorded and filed 1 May 1919.

Adam Artis’ will includes the names of 23 of his children. Emma’s name is crossed out because she died before the terms of the will could be carried out. Known children whose names do not appear include Cain Artis, who died in 1917; Caroline Artis Coley and Louetta Artis, who presumably died before the will was made; Adam Artis Jr., who seems to have been very much alive in Washington DC. (Was the omission of his name inadvertent, as with Noah?) Despite newspaper reports claiming that Adam fathered 47 “legitimate” children, these 27 are all I have been able to identify. Though there were doubtless others who died in childhood, I doubt there were 20 of them, and I am fairly certain that no other children reached adulthood.

——

Mathew Aldridge — (1) to daughters Fannie B. Randolph and Mamie J. Aldridge, 1/2 undivided interest in my dwelling house and lot on Pine Street. Signed 27 August 1919 in the presence of N.D. White and Ida Darden.

Recorded and filed 18 May 1920. Fannie Aldridge was qualified as administratrix.

Hmmm. Mathew Aldridge’s will provided for neither his wife, Fannie Kennedy Aldridge, nor his oldest daughter, Daisy Aldridge Williams. Perhaps he had settled property upon them prior to making his will.

——

Lucian Henderson — to John Wesley Carter, all my real estate known as my home place, 8 acres, provided that John W. Carter care for me and my wife Susan Henderson, otherwise null and void. My trusty friend John W. Carter appointed executor. Signed with an X in the presence of Everest Lewis and R.E. Simmons.

Lucian Henderson died 22 June 1934 and his will was recorded and filed 27 June 1934.

Lucian and Susan Henderson’s only child, Cora Q., died in 1907. For more re his friendship with John W. Carter, nephew of his sister Sarah’s husband Jesse A. Jacobs, see here.

——

Joseph Aldridge — (1) a decent burial; (2) to my wife Martha C. Aldridge, all my real and personal property during her lifetime or widowhood; (3) to my sons Allen Aldridge, Daniel Aldridge, William Aldridge and Milford Aldridge, $1 each, to my son Joseph Aldridge, my watch, to my son George Aldridge, my clock; (4) after Martha’s death, all my personal property to be divided between my sons Joseph and George and my daughters Mary Aldridge, Luella Aldridge and Lillie Mae Aldridge; as tenants i common, Mary, Luella and Lillie Mae to receive 12 acres to be laid out of the someplace on the east side of the old stagecoach road; to Joseph and George, all the remainder of the land between what I received from the estate of my father Robert and my brothers George and Dave. Signed 5 May 1934.

Recorded and filed 12 September 1934.

Martha Hawkins Henderson Aldridge remarried in 1940, triggering the terms of paragraph 4 of the will. As set forth here, she remained close to Joseph Aldridge’s children the remainder of her life. Also, a small clue I hadn’t noticed before: Joseph indicated that he received land from the estate of his brother Dave. As noted here, I had lost sight of David Sloan Aldridge after 1904, but now know that he died before 1934.

Births Deaths Marriages, Free People of Color, Land, North Carolina, Paternal Kin

The Balkcum women.

In the name of God, Amen, I Hester Balkcum of the State of North Carolina and County of Sampson, being of sound mind & memory, but of feeble health, and knowing that all must die; do make & ordain this my Last Will & Testament. And first I give my body to the dust, to be buried in a decent manner and commend my spirit to the care of God who gave it, as a being infinitely wise & good. As for my worldly goods, my will is that they be disposed of as follows – (viz):

1st. I give & devise to my daughter Nancy Balkcum, thirty acres of land, to be laid off by the direction of my executor, from the eastern extremity of a tract lying on the southside of Beaver Dam swamp, so as to include the house in which she now lives, & a part of the cleared land to her & her heirs forever, in fee simple. I also give & bequeath to my said daughter Nancy the sum of Six dollars in money to be paid her by my executor.

2nd. I give & devise to my grandson, James Lucien Balkcum, son of my daughter Mariah, the residue of said tract of land, lying on Beaver Dam Swamp, after thirty acres as aforesaid shall have been given to my daughter Nancy, the said residue supposed to contain one hundred acres more or less with all the appurtenances thereunto belonging to said James L. Balkcum & his heirs forever in fee simple and I hereby revoke all gifts, grants and deeds of whatsoever nature or kind coming within the meaning & purview of these devises & declare them utterly void as having been done for temporary purposes & having had their effect I also give & bequeath unto said James Lucien Balkcum, one bed, bed-stead & furniture and one pot & skillet.

3rd. I give & bequeath unto my grand daughter Mary Ellen Johnson, daughter of my daughter Mariah, one bed and its necessary furniture and all my household & kitchen furniture not heretofore disposed of, with all clothes & cloths of every description, which I may leave at my decease.

4th. I give & bequeath unto my grand son, John Balkcum, one common Bible, or its equivalent in money

5th. I give & bequeath unto my two grand sons, Harman & Lemuel Balkcum, one common Bible each, or money sufficient to purchase the same

6th. It is my will that my Executor pay all my legal debts, and the above legacies, with the Expense of Administration out of such money or notes as may be left by me at my death and the overplus (if any) be given to my daughter Mariah for her own proper use or benefit.

7th. I hereby constitute & appoint my friend William L. Robinson Executor of this my last Will & Testament, hereby revoking all former Wills, Deeds, gifts or grants of what name or kind soever.

March the 9th day 1843 Hester X Balkcum

Signed, seal’d, publish’d & declared by the Testatrix to be her last Will & Testament in the presence of us, who were present at the signing of the same /s/ Isaiah Robinson /s/ Abner Robinson

State of North Carolina, Sampson County } Court of Pleas and Quarter Sessions, May Term 1843

There was the foregoing will duly proven in open court by the oath of Isaiah Robinson a subscribing witness & ordered to be recorded. /s/ Thomas J. Faison Clk

—–

About 1799, John Balkcum, a widower with two young children, married a woman named Hester in Duplin County NC. Her maiden name is unknown. John died in 1803, leaving as heirs only Hester and his children by his first wife, Tomsin and William. In 1804, Hester received a widow’s allotment and two years later is listed in a Duplin County tax digest with 450 acres.

In the next few years, Hester Balkcum gave birth to two daughters, Nancy and Mariah. She gave them the last name Balkcum, though neither was John’s child. It was the beginning of an unconventional family, with both Nancy and Mariah giving birth out of wedlock, and one or two of Nancy’s children fathered by a black or mixed-race man. (This last circumstance was unconventional, but not nearly as uncommon in antebellum America as one might imagine.) Hester appears only sporadically in census enumerations, but in 1830 “Hester Baucom” is listed in Duplin County heading a household that consisted of a female aged 50-59; one male under 5; two males 5-9; one male 10-14; one male 20-29; one female under 5; one female 15-19; one female 20-29; one female 30-39; all described as white. Ten years later, in the 1840 census of Sampson County, Hester does not appear, but her daughter Nancy Balkcom, aged 30-40, is listed, heading a household of two females aged 5-10 and one female aged 10-14, all white, and one slave.

——

When Hester died in the spring or early summer of 1843, her executor W.L. Robinson listed the debts owed her estate — all to family members — and her meager belongings. Her real property had dwindled considerably since the early days of her widowhood, and I catch a bit of feeling that the family was struggling.

——

Ten years later, Hester’s daughter Nancy felt poorly enough to dictate her own last will and testament:

In the name of God Amen, I Nancy Balkcum of the State of North Carolina & County of Sampson being of sound & perfect mind & memory but feeble in body & feeling that the sentence if Death which has been passed upon all will probably ere long be executed upon me think fit to make this my last will & testament as follows.

First I give my body to be buried in a decent manner without parade or vain shew & commend my spirit to him who gave it as a being infinitely wise & good.

As for my worldly goods my will is that they disposed of as follows

First. I give & bequeath unto my daughter Margaret Balkcum one bed bedstead & furniture (the bed on which I have usuly lain) one wheel & cards one table one sow & pigs & twenty dollars to be paid by my executors. This is for her services in waiting on me in my last sickness to her & her heirs forever

Secondly, I give & bequeath unto my two daughters Eliza & Mary one bed & furniture to them & their heirs forever

Thirdly I desire that my Son Harman be paid back all expence that he may incur in providing for me by my Executor

Fourthly, All the residue of my property both real & personal ( desire to be sold by my executor to the best advantage & after paying all my just debts & funeral expences that the proceeds of said sale be equally divided among all my children

Lastly I hereby make constitute & appoint my friend William L. Robinson Executor of this my last will & testament with full powers to execute the same according to the true intent & meaning thereof & I hereby revoke all former will this the 20^th day of August 1853

Signed sealed published & declared by the Testatrix to be her last will & testament hereby revoking all former wills in the presents of us who witnessed the in the presents of the testatrix & of each oth /s/ Nathan Johnson, Joshua X Rackley Nancy X Balkcum

Nancy was dead within six months. The same William L. Robinson who had administered her mother’s estate handled hers, and his inventory reveals Nancy’s slightly better-furnished life.

Inventory of Nancy Balkcum’s estate, 1854.

The account of sale of the property is even more detailed. With the exception of two or three neighbors, all the buyers were Nancy’s children or other close family and they seem to have gotten bargain basement prices. Subtracting the $200 that Harmon Balkcum paid for Nancy’s 32 acres, the remainder of her worldly goods netted only $12.86.

Account of sale of Nancy Balkcum’s estate, 1854.

Documents found in estate files of Hester Balkcum and Nancy Balkcum, Estates Records, Sampson County Records, North Carolina State Archives.

Enslaved People, Land, North Carolina, Other Documents, Paternal Kin, Photographs

Where we lived: Taylor’s Crossroads.

A plat included among Kinchen Taylor’s estate papers revealed the core of the man’s property. With little difficulty, I matched waterways shown on one parcel with creeks running in modern Nash County. Fishing Creek forms its northern border with Halifax County, and Beaverdam Swamp flows into it a few miles northwest of the town of Whitakers. The hundreds of acres in the fork of these creeks belonged to Kinchen Taylor. For years I harbored a fantasy of hiring a prop plane to fly over this land while I scoured the ground for brick piers and broken chimneys and heaps of hewn logs and any other traces of Kinchen’s plantation.

Last year, I turned to the practical and learned that the I-house built by Kinchen’s son Kinchen Carter Taylor is not only still standing near Whitakers, but has been renovated and is occupied. After some sleuthing, I contacted the current resident, B.B., told him my interest in the place, and asked if I might be able to visit. His response was quick and unequivocal: “Anytime.”

On disgracefully short notice, I emailed B.B. just before I went home last December. Would he have some time to show me around over the holidays? We made tentative plans for after Christmas and firmed them up a few days later. B.B. had to leave town for work, but his wife A. was more than happy to give me a tour.

On a sunny Saturday, I pointed my car north on US 301 and drove 40 minutes up to Whitakers. In the middle of town, I made a left and headed out Bellamy Mill Road toward Taylor’s Crossroads. Here’s the area on a 1918 map of Nash County:

(A) marks the location of the largest chunk of Kinchen Taylor’s property at the fork of Fishing Creek and Beaverdam Swamp. (At some point the confluence was dammed to create Gum Lake shown above.) (B) is where Kinchen C. Taylor built his house, probably in the 1850s, on land inherited from his father called the Duncan Cain tract.

Taylors lived on the land well into the 20th century. In the 1980s, B.B.’s parents bought the house and surrounding acreage and set about repairing and renovating the abandoned dwelling, which looked like this:

As set forth in Richard L. Mattson’s The History and Architecture of Nash County, North Carolina, “[t]his Greek Revival house symbolizes the role of the Taylor family in the early settlement of the Whitakers vicinity. It was built in the 1850s, probably by Kinchen Carter Taylor, whose father (also Kinchen Taylor) may have occupied a house (demolished) across the road. … Though deteriorating, this house remains one of Nash’s finest examples of the vernacular Greek Revival. The facade includes such notable features as end chimneys with tumbled-brick shoulders, moulded gable returns, and heavy square porch columns with simple square capitals. The central-hall plan is entered through original double doors framed by sidelights and transom. The rear kitchen ell, which may have been moved up to the house at a later date, includes an engaged porch, close eaves, and a nine-over-six windows. … The house stands at the northwest corner of Taylor’s Crossroads. Located well back from the road and shaded by a cluster of oak trees, the Kinchen Carter Taylor House still evokes the image of the plantation seat it once was.”

A.B. warmly welcomed me when I pulled up beside the house. She graciously shared not only the photo above, but a map drawn by Kinchen C. Taylor’s nearly 100 year-old grandson that showed the locations of surrounding outbuildings, groves and pastures. Where possible, the character of the original house has been preserved in its interior, and I could not help but wonder if my Taylors, Green and Fereby, who had belonged to Kinchen C.’s father, had ever walked where I did. Even if not, they surely knew this house and were intimately familiar with its inhabitants.

Many thanks to Mark Bunn for alerting me that this house is still standing and putting me in touch with its owners and to them for opening their doors to give me a glimpse of my family’s world.

Births Deaths Marriages, Free People of Color, Land, North Carolina, Other Documents

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 20^th 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 20^th 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 1^st 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 2^nd 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 discharged from his trusteeship, and (4) John Jacobs and the Parkers were to pay court costs.

——

I’m not a Brewington or a Jacobs and have no direct link to any of the players in this sad intrafamily squabble over Polly Ann Brewington Jacobs’ estate. Nonetheless, as was the rule among free families of color in and around Dudley, Wayne County, there was multi-strand intertwining between these folks and my extended family:

Joshua L. Brewington, the J.L. who testified on behalf of John R. Jacobs, married Amelia Aldridge, sister of my great-great-grandfather John W. Aldridge.
John R. Jacobs was the older brother of “Papa,” Jesse A. Jacobs Jr., who married Sarah D. Henderson (my great-great-grandmother Loudie Henderson’s sister) and reared my grandmother.
John Jacobs’ sister Frances married Marshall Carter of Sampson County. Frances’ son Milford E. Carter married Beulah M. Aldridge, John W. Aldridge’s daughter. Another son, John W. Carter, cared for Lucian Henderson (brother of Sarah) and his wife in their old age and inherited their small farm.
Milford E. Carter Jr. married Jessie Bell Brewington, granddaughter of Hardy A. Brewington.
Michael and Ann Eliza Brewington Manuel’s son, Alonzo Manuel, married Sallie Wynn, daughter of Edward and Susan Henderson Wynn. Susan H. Wynn was the sister of my great-great-great-grandfather Lewis Henderson.
Michael and Ann Eliza Brewington Manuel’s daughter Celestial married Hillary B. Simmons after the death of his first wife, Ann Elizabeth Henderson, who was a sister of Sarah, Loudie and Lucian Henderson.
Raiford Brewington’s wife Bashaby was the daughter of Shadrach and Zilpha Hardin Manuel. Her kinship to Michael Manuel is not entirely clear to me, but research by others suggests that they were cousins.

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

Scuffalong: Genealogy.

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