Tombstone Tuesday~Elizabeth Lundy Brock

https://www.findagrave.com/memorial/31618088/elizabeth-brock

Elizabeth Lundy, daughter of Daniel Lundy and an unknown Boatwright was born 3 February 1780 in Cheraw District, South Carolina. She married Valentine Brock about 1807; Valentine was born bef 1775. His parents are unknown/unproven; but, his father is thought to be another Valentine Brock born about 1756 and died in 1822. 

After the birth of their 5th child in 1815 and enumeration of the 1820 Census, Valentine and Elizabeth migrated to Henry County, Georgia. Sadly, it looks as if Valentine died before the 1830 Census was taken.

The children of Valentine Brock and Elizabeth Lundy are: 

        i.    James Lundy Brock, was born on 8 Sep 1808 in Chesterfield, Chesterfield, South Carolina; died 2 Apr 1886 at the age of 77 in Henry County, Georgia.
         ii.    Mary Ann Brock, born 20 Feb 1810, Chesterfield, Chesterfield, South Carolina; married Daniel Robertson Slay; died August 31, 1884, Lafayette, Chambers, Alabama.
         iii.    Sarah Elizabeth Brock, born 26 Jan 1812, Chesterfield, Chesterfield, South Carolina; married Tillman Taylor, 13 Dec 1836, Troup County, Georgia; died 28 Jul 1894, Randolph County, Alabama.
         iv.    Eliza P. Brock, born 16 Nov 1813, Chesterfield, Chesterfield, South Carolina; married Stephen W. Miller, 8 Apr 1830, Henry County, Georgia; died 14 Feb 1885, Henry County, Georgia.
         v.    Valentine Brock, born 2 Feb 1815, Chesterfield, Chesterfield, South Carolina; married Nancy W. Vandigriff, 21 Jul 1836, Henry County, Georgia; died 25 Apr 1850, Henry County, Georgia.

Elizabeth Lundy Brock is the wife of my 1st Cousin 5 times removed.




____________________
1. FindAGrave memorial created by Sarah Locklin Taylor. FindAGrave is owned by Ancestry. My thanks to each for the use of that above image. 
1. 1820 Census of the United States, Chesterfield, Chesterfield County, South Carolina, population schedule, Chesterfield, South Carolina, Page: 121; Line 19, Household of Valentine Brock; digital image, Ancestry.com (http://www.ancestry.com : viewed 3 June 2016); citing  National Archives Microfilm M 33_119.
2. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed  10 October 2012); Memorial page for Elizabeth Brock; (3 February 1780–6 June 1855); Find a Grave memorial #31618088, Citing Brock Family Cemetery; Locust Grove, Henry County, Georgia, USA.
3. 1830 U. S. Census, Henry County, Georgia, population schedule, , ; digital images, Ancestry.com (http://www.ancestry.com : accessed ); citing NARA publication Roll: M704_43.
4. Elizabeth Brock, District 858, Militia District: Grove, , 1859; , Georgia, Property Tax Digests, 1793-1893; Georgia Archives, Morrow, Georgia.
5. 1840 U. S. Census, Henry County, Georgia, population schedule, District 489, Henry County, Georgia, Page: 329,  Line 23, Household of J. L. BROCK; digital images, Ancestry.com (http://www.ancestry.com : viewed 10 October 2012); citing NARA publication Roll: M704_43.
6. 1850 U. S. Census, Henry County, Georgia, population schedule, District 42, Henry County, Georgia, Page 189B, Line 15, Dwelling 25, Family 25, Household of James L. Brock; digital images, Ancestry.com (http://www.ancestry.com : viewed 10 October 2012); citing NARA publication Roll: M432_73.
7. 1860 U. S. Census, Henry County, Georgia, population schedule, Henry County, Georgia, Page 880, Line 39, Dwelling 675, Family 675, Household of James L. BROCK; digital images, Ancestry.com (http://www.ancestry.com : viewed 10 October 2012); citing NARA publication Roll: M653_127.

Amanuensis Monday~Land Deed-Hector McNeill to Jesse Wallace

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is the Sale of Land from Hector McNeill to Jesse Wallace, 1841.¹

^{Transcription:}

Hector McNeill to Jefse Wallace

This Indenture made this the 18th day of March 1841 between Hector McNeill of Carroll County in the State of Mississippi of the one part and Jefse Wallace of the County and State of North Carolina of the other part. Witnefseth the said Hector McNeill hath for and in consideration of the sum of Eight hundred dollars to him in hand paid by the said Jefse Wallace before the signing and sealing of these presents the receipt and payment whereof is hereby acknowledged have bargained sold conveyed and confirmed and by these presents doth bargain sell convey and confirm unto Jefse Wallace his heirs & afsigns a certain parcel of Land held by four several Grants first to Michael McGuire of 100 acres and then to James Moultrie for 100 acres & two to Hector McNeill for 50 and 233 acres. Bounded and Marked as follows beginning at a stake by two blackjacks in the So. Carolina line and runs No. 36 chns & 50 lks to a small Popular in a branch 2 gums pts then up the various Courses of said branch ten chains to a pine a corner of one of the old tracts then No. 49 West 25 chns to a stake then So 80 Wst 18 chns to Burr’s line then So. 5 Est 8 chns 50 links with Burrs line to a stake in the center of four large pines Burrs 2^nd corner them So. 85 Wst 20 chns with Burrs line to his beginning corner thence along his home line [illegible] North 5 Wst 6 chns 50 links to a stake and some Rocks in said lien then So. 80 Wst 5 chns 50 links to a stake by two pines pts then So. 50 Wst 35 chns to a pine Burrs corner then No. 40 Wst 11 chns to a blackjack 2 pine pts then So. 37 Wst 12 chns & 60 links to a pine on the So. Side Straw branch the Beginning corner of the 233 acres Grant then So. 19 Est 40 chns to a stake in the State line 2 pines and post oak pts then by and with the South Carolina line North 88 Est 88 chains 60 lks to the Beginning containing 482 acres more or lefs to have & to hold unto the sd Jefse Wallace his heirs and afsigns forever and the said Hector McNeill will warrant secure and forever defend the above described land and premises unto the Sd Jefse Wallace his heirs Excrs. Admns. & afsigns against the lawful claim or claims of any person or persons whatsoever together with all the appurtenances thereunto belonging or in anywise appertaining. In Witnefs whereof the said Hector McNeill hath hereunto set his hand and seal the year & date first above written signed Sealed and delivered in presence of
us Jno Grady Jur.}                                                           Hector McNeill {Seal}
Angus McGugan} No. Carolina Anson County October term 1843 then the Execution of this deed was duly proven in open Court by John Grady, Jr. and ordered to be Registered.
N. D. Boggan C.C.C.

Hector McNeill migrated to Mississippi where he married and became a successful farmer.  He died in 1847. 



____________________________
[1] Land Deed - Hector McNeill to Jefse Wallace; 18 March 1841; Deed Book #11; Page(s) 179; Register of Deeds; Wadesboro, Anson County, North Carolina; 21 March 2020.

Last Will and Testament~Louisa (Moultrie) McNeill

On 22 January 1810, Louisa "Levicy" Moultrie McNeill wife of John McNeill was in Chesterfield County, SC involved in an Equity Suit with her siblings over a Land Transaction left lingering with the death of her father Joseph Moultrie in 1804.

It is not known when John McNeill, Levicey and other family members left Chesterfield but they migrated to Carroll County, Mississippi. There on 18 Mar 1841, we find their son Hector McNeill selling land he owned in Anson County, North Carolina (DB 11, Page 179).  But, before this transaction we find Hector marrying Lucy Crane on  28 March 1817 in Claibourne County, Mississippi. I still trying to determine when the family actually arrived in Mississippi.

On 23 February 1857, Louisa "Levicy" (Moultrie) McNeill was on her death bed. Dr. Jesse Sullivan, the family physician was sent for and arrived to attend to Mrs. McNeill. Also present at the time was Calvin Sinclair and his wife Sarah (McNeill) Sinclair. Mrs. McNeill asks the Doctor to send for a local Judge by the name of Strake (best I can make out) so that she could execute a last will and Testament. The Doctor convinced her (Levicy) that it was imminent that the Will be written expeditiously and that he was able to document her verbal instructions. So the Bedside Will was completed; witnesses were found and the Will was executed on the morning of the 23 of February 1857.  

There are 157 Trees on Ancestry and everyone one of them (that has a date) shows that Louisa "Levicy" (Moultrie) McNeill died on 23 Feb 1857.
But, that IS NOT her DEATH DATE according to the Probate Record for her estate. 

The Last Will & Testament of Louisa "Levicy" (Moultrie) McNeill 

143    Louisa McNeill’s Last Will & Testament
 
The State of Mississippi}
Carroll County} In the name of God. I Louisa McNeill being Sound in Mind and apprehensive of death do make this my last will and appoint Isaac Sullivan as my Executor to carry out the same; 1st I devise all my debts be paid the Negro woman Columbia to be sold two hundred dollars to be given to Neill McNeill Son Hector and the balance of the proceeds of Columbia to go to Mary Craig together with the Amt of two notes on Louisa McKenzie for one hundred and fifty dollars, One on Sarah Sinclair for one hundred & fifty dollars. I will & bequeath that Wm. McNiece’s heirs shall have the benefit of Peter at his death Wm to have Peter his lifetime. I give to hector McNeill Son James a Negro girl Lotty, the Six hundred dollar note on Hugh McKenzie to be given to John McNeills heirs, My 2 beds to be given to Louisa McNeill & the other to Louisa Sinclair. In testimony whereof I hereunto set my hand and seal Feby 23rd 1857.                              Louisa X her mark McNeill
Test.  J. J. Andrews
H. G. Bennett
 


                                                                   Testimony
State of Mississippi}
Carroll County} This day personally appeared in open Court J. J. Andrews and H. G. Bennett Subscribing witnefses to the last will and testament of Louisa McNeill who being duly Sworn deposes as follows viz: J. J. Andrews testifies, that he Subscribed the instrument purporting to be the last will and testament of deceased Louisa McNeill as a witness in her presence but at the request of others the request was made in her presence & she perhaps heard the request made. Don’t know whether she was of sound mind or not.
                                                              Crofs Examination
The Will was signed in the morning sometime in February [23 Feb. 1857] last.  She, Testatrix, died next day. I signed the same in her presence. I don’t know that the will was made in her presence [illegible???].The pen was put in her hand & She made her mark. I did not know positively what it was I was Signing at the time – She was hardly ever well – at times she was worse.I lived near her before her last Sickness. I suppose she competent to allow to her [personal ??] affairs, but it was as much I don’t know when the papers was written. She was very feeble at the time of signing had to be held up in bed.--I heard her talk, but little. She Spoke to Sinclair he was trying to explain some transaction about land – I think he made her understand it tho it was a difficult matter. I think if She was compelled to make a will it was “Just All” She was naturally hard of hearing. I think She signed other papers at the same time. I don’t know that she Knew said paper to be her Will. I was requested to come into the house witnefs some papers which I did. I think I signed several other papers as a witnefs. The paper was [illegible] me to sign right in the presence of the testatrix, when I signed it – I don’t know whether she heard the requester not. I reckon She saw me sign it.  I signed directly    
 
Page 144 – Same Continued
after She did & while She was yet Sitting up, there was nothing to prevent her from Seeing me. The old lady was hard of hearing & very sick and it just seemed to me that she did not want to be [illegible??] about such things. Mr. Sinclair as I said was trying to explain a Land transaction to her which he had deficiency making her understand & had to go over more than once to do so, where she made her Mark as aforesaid. Dr. Sullivan was sitting by the bedside where the old lady was lying and asked me to come up & sign as a witnefs, if he called it a Will I don’t remember it. As well as I remember Dr. Sullivan held her hand to Steady it while She made her mark, I don’t know whether she requested him to hold her hand or not, I cannot tell whether he controlled the pen or whether she did it herself. When I Spoke of her not wishing to be pressured about such things, I intended the remarks to apply to the land transaction with Sinclair – I saw no difference in her Situation then from what it was when she made her Mark as aforesaid to the will. This conversation about the Land was after Signing the Will, a few minutes, or a little while perhaps a half hour. Thinks the testatrix was seventy or seventy-five years old tho don’t know her age. Sworn to and subscribed before me}
in open Court May 1st 1857}                     J. J. Andrews
A.  M. Nelson Clerk }
    
H. G. Bennett Testifies, I was requested by Dr. Sullivan to Sign the instrument aforesaid as a witnefs, which I did in presence of testatrix don’t know whether She was of sound mind & memory at time – or not Saw her make her Mark Dr. Sullivan taking hold of her hand to steady it. The request to Sign or the signing was all in her presence. I had but little personal acquaintance with the testatrix, I don’t know whether She Saw me Sign or not. I signed at the foot of the bed & She was Siting up or being prop up or held up—She could have seen me sign, the witnefs Signed immediately after the testatrix. 
                                                             Crofs Examined
Don’t know her age but think she was seventy or seventy-five years old. At the time of Signing aforesaid She looked very Stupid. She looked to me like she was sick. I can’t say whether she knew what she was about or not. Don’t know whether the paper we Signed was written that Morning or Not.Just before the signing Dr. Sullivan said it was nosy. Don’t know whether testatrix knew Dr. Sullivan had requested me to subscribe [or] not. When I came up & before going into the House Mr. Sinclair said Dr. Sullivan was writing a will. After going in the house & when Dr. Sullivan had said “it is ready” I went up to the bed & signed, this was the only request to sign that was made in her presence. Sinclair had told me while out of doors that he wanted me to witnefs the Will. This is what I meant when I said I was requested to sign in her presence. I only heard here Speak a few words. After coughing she said, “Lord have Mercy”. This was all I heard her say, the will was not made at all while I was in the [house]. Nor did she read it.  
Page 145    - Same Con’t
She was hard of hearing. I don’t think any of the body of the Will was written after I got in the house.
Sworn to and subscribed before me in open court}             H. G. Bennett
May 4th 1857. A. M. Nelson, Clerk}
Dr. J. Sullivan Testimony

State of Mifs.}
Carroll County} Personally appeared in open Court Dr. Jesse Sullivan who being duly Sworn and examined in relation to the Will of Louisa McNeill testifies as follows. She was very old and had had a cough for about 20 years as she told me & as I believed. I am a physician & been the family physician of the testatrix about three tears. She was sick at the time the paper offered for private was executed when I arrived in the Morning at Mrs. McNeill house, She requested that Judge Srake Should be sent for to write her Will.  I told he she had no time to lose & remarked That I could write a will that would Suit her, when I set down to write the Will I told her that it was necessary to have Witnefses She asked who should do, I told her anyone would do who was not interested. I then told Mr. St. Clair to send for witnefsed & he sent for the subscribing witness Bennett. Ambrose being already there, I write the Will while the witnefses were being sent for the testatrix advised me what disposition She would make of her property and I wrote it as she strikethru directed & read it over to her after it was written & she approved it, during the time I was writing the Will I had occasion several times to ask her what disposition she wanted to make of certain affects, Mrs. St Clair her daughter would repeat the question to the old lady & she (the old Lady) would then tell me what to write, no other person said anything to the testatrix during the time I was writing the Will. The Will was finished soon after the witnefs Bennett arrived & when finished & read 0ver to her I called on the Witnefses to come forward telling them it (the will) was ready. I do not know that anything was said at the time as to the nature of the instrument, but it was well understood by the old lady that the witnefses were then to convey witnefs the will by virtue of the request she had made tome to procure witnefses to her Will. I would state that her mind was when [illegible??]up as good as it had been since my first acquaintance with her, as shown by her remarks in reference to the Land & other things but that when left alone she would go to Sleep from the fact that the circulation was [illegible??]. She was old and very infirm, and I have no doubt the mind & body both have been on the decline for several years. I also State that when I had the first talk with her that she was not so sleepy as afterwards and that we did rouse her up when the Will was strikethrough finished and read it to her.
Sworn to & Subscribed before me}
In open Court May 4th 1857.}                          J. Sullivan
A.  M.Nelson, Clerk}
Will filed 6th April 1857 A. M. Nelson, Clerk

This document clearly states that the Will was written on 23 February 1857 and the testimony of J. J. Andrews under Cross-Examination States:  "The Will was signed in the morning sometime in February [23 Feb. 1857] last.  She, Testatrix, died next day. I signed the same in her presence..."

Louisa "Levicy" Moultrie McNeill died on 24 February 1857.

____________________________
[1] https://www.familysearch.org/ark:/61903/3:1:3QS7-89Q6-D6DL?i=102&wc=M7M2-CWL%3A344534401%2C344864101&cc=2036959

[2] https://search.ancestry.com/cgi-bin/sse.dll?dbid=8995&h=1439936&indiv=try&o_vc=Record:OtherRecord&rhSource=8054
[3] https://ancstry.me/2lWs4ZQ
Image 103 of 429
Louisa McNeil Mississippi, Wills and Probate Records, 1780-1982
Mississippi, Wills and Probate Records, 1780-1982 for Louisa McNeil
Carroll Will Record, 1st District, Vol A-B, 1834-1939; page 143
Carroll Will BOOK "A". page 143

It’s Family Time~The John Davis Boatwright Family

John Davis Boatwright was born on 3 May 1874, a son of William Manley “Billie” Boatwright and Julia Ann Davis. He was the 3rd born of 7 children of which one was a sister. The remaining siblings were all boys, sons of Billie and Julia.

At the age of 18, John Davis married  Susannah “Annie” Davis. Annie age 17, was the daughter of Charles Wesley Davis and Martha Ann Odom.

John Davis Boatwright was a farmer in the Court House Township of Chesterfield County. Land Deeds related to the lands of John Davis Boatwright can be found in Chesterfield County Deed Books – DB 7, page 592; DB 8, page 24-35; Deed Book 235, page 320 and Deed Book 53 page 307.  

John Davis Boatwright and Susannah “Annie” Davis raised a family of 8 children two of whom died young.  The children of John Davis and Annie are:

        i.    Julia Elizabeth Boatwright, born 22 Oct 1893, Chesterfield, Chesterfield, SC; married GilderRoy Rivers, 25 Mar 1911; married Unknown Kitchings, bef Oct 1970; died 30 Jul 1979, Chesterfield, Chesterfield, South Carolina.
         ii.    Oscar Lee Boatwright was born about 1896; died before 1900 at the age of 4 in Chesterfield, Chesterfield, South Carolina.
         iii.    Bessie Mae Boatwright, born 16 Feb 1900, Chesterfield, Chesterfield, SC; married Daniel C. Caulder, 19 Jul 1919; died 23 Jun 1973, Chesterfield, Chesterfield, South Carolina.
         iv.    Sarah Frances Boatwright, born 18 Dec 1902, Chesterfield, Chesterfield, SC; married Carl J. Gibson, 24 Feb 1924; died Jul 1983.
         v.    Thomas Washington Boatwright, born 16 Feb 1907, Chesterfield, Chesterfield, SC; married Bessie Oliver; died 19 Mar 1931.
         vi.    George R. Boatwright was born on 14 Feb 1910 in Chesterfield, Chesterfield, SC; George was killed on 24 Dec 1929 at the age of 19 in Chesterfield, Chesterfield, SC.
         vii.    Rev. Clarence Wilson Boatwright, born 26 Apr 1912, Chesterfield, Chesterfield, South Carolina; married Bessie Simpson; died 27 Dec 1999, Charlotte, Mecklenburg, NC.
         viii.    Rose Ella Boatwright, born 2 Jan 1915, Chesterfield, Chesterfield, South Carolina; married James Harley Gulledge; died 22 Apr 1999, Kannapolis, Cabarrus, NC.

After raising the family and a marriage of 47 years 5 months 18 days, Susannah “Annie” Davis Boatwright died on 19 January 1940. Her obituary shows she was survived by the following:

She is survived by her husband and the following children: Mrs. Julia Rivers, Cheraw; Mrs. D. C. Caulder, McFarlan; Mrs. C. J. Gibson, Mt. Croghan; Clarence Boatwright, Ruby; Mrs. Rosella Gulledge, Ruby. Sleep on dear mother and take your rest. We hope to meet you again someday in the sweet land of the blest. [The Chesterfield Advertiser, 1 Feb. 1940, Front Page]

John Davis Boatwright died 18 May 1951 in Columbia, South Carolina.

John and Susie are buried in the Zoar United Methodist Church Cemetery.

John Davis Boatwright is my 2nd Cousin 3 times removed.
Susannah “Susie” Davis Boatwright is my 1st Cousin 3 times removed.




___________________________
1. John D. Boatwright, death certificate 006431 (18 May 1951), Vital Records, Department of Health and Environmental Control, Columbia, Richland County, South Carolina.
2. "World War I Draft Registration Cards, 1917-1918," on-line digital images, Ancestry.com (http://www.ancestry.com : viewed 4 September 2012), John Davis Boatwright; citing Selective Service System. World War I Selective Service System Draft Registration Cards, 1917-1918. Washington, D.C.: National Archives and Records Administration. M1509, 4,582 rolls, FHL Roll Number: 1852503; Birth Date: 3 May 1874.
3. 1900 U. S. Census, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, enumeration district (ED) 21, Page: 17A/ Page 101A (stamped), Line 26, Dwelling 308, Family 314, Household of John D. BOATWRIGHT; digital images, Ancestry.com (http://ancestry.com : viewed 4 September 2012); citing National Archives Microfilm T623_1523.
4. 1880 U. S. Census, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, enumeration district (ED) #5, Page: 318A; Line 45, Dwelling 154, Family 154, Household of William Boatwright; digital image, Ancestry.com (http://www.ancestry.com : viewed 6 August 2011); citing National Archive  Microfilm T9, Roll 1225.
5. 1910  U. S. Census, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, enumeration district (ED) 0036, Page: 2B/105B(stamped); Line 78, Dwelling 38, Family 39, Household of John D. BOATWRIGHT; digital images, Ancestry.com (http://www.ancestry.com : viewed 4 September 2012); citing National Archives Microfilm T624, Roll 1455.
6. 1920 U. S. Census, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, enumeration district (ED) 40, Page 10B/166B(stamped); Line 64, Dwelling 174, Family 182, Household of John D. BOATWRIGHT; digital images, Ancestry.com (http://ancestry.com : viewed 4 September 2012); citing National Archives Microfilm T625_1690.
7. 1930 U. S. Census, Chesterfield County, South Carolina, population schedule, Court House, Chesterfield County, South Carolina, enumeration district (ED) 16, Page: 10A/33A(stamped); Line 01,, Dwelling 160, Family 160;, John D. BOATWRIGHT; digital images, Ancestry.com (http://ancestry.com : accessed ); citing National Archives Microfilm T626_Roll: 2192.
8. 1940 U. S. Census, Chesterfield County, South Carolina, population schedule, Mount Croghan, Chesterfield County, South Carolina, enumeration district (ED) 13-27, Page: 4A/313A(stamped); Line 12, Household 54, Household of John D. BOATWRIGHT; digital images, 1940 CENSUS (http://1940census.archives.gov : viewed 4 September 2012); citing NARA microfilm publication T627, roll 3799.
9. Mrs. Anna Boatwright obituary, The Chesterfield Advertiser, Chesterfield, Chesterfield County, South Carolina, 1 February 1940, Front Page.
10. George R Boatwright, Chesterfield, South Carolina, USA death certificate 021080 (24 December 1929).
11. Obituary for George BOATWRIGHT, The Chesterfield Advertiser, 2 January 1930.

Treasure Chest Thursday~Equity Suit #178~James Moultrie vs Jno. McNeill & Wife Luvicey, Page 3

Continue from last Thursday's posting and the Thursday before last.

• https://carolinafamilyroots.blogspot.com/2020/03/treasure-chest-thursdayequity-suit.html
• https://carolinafamilyroots.blogspot.com/2020/03/treasure-chest-thursdayequity-suit_19.html

Transcription:

South Carolina}
Cheraw District} In Equity
              To the Honorable Hugh Rutledge, Wm. James, Waddy Thompson, William Henry Dessaussure & Theodore Gaillard Esquires Judges of the Court of Equity of the said State.
              Humbly complaining sheweth unto your Honors your Orator James Moultrie of Edenton in the State of Georgia that your Orator some time in the year of our Lord one thousand eight seven hundred & ninety two bargained with one William Sellers of Chesterfield District and State aforesaid for a certain Tract of land situated & lying near Chesterfield Court House in the District aforesaid containing two hundred acres (originally granted unto Thomas Davis on the 20th day of October 1763) for which tract of land your Orator agreed to give the said William two hundred & fifty dollars and your orator afterwards made several payments to the said William which in the whole amounted to two hundred and twenty Dollars and the said William had never executed to your Orator any deed of conveyance of the said land; and your Orator further sheweth to your Honor that sometime in the year of our Lord one thousand seven hundred and ninety six he moved from the State into the State of Georgia and left Joseph Moultrie your Orators father his agent to settle up his businefs in Chesterfield District aforesaid, and the said Joseph son afterwards die as agent of your Orator pay (insert) “out of your Orator money which had come into his hands” the balance of the two hundred & fifty dollars which remained unpaid to the said William, and the said William did at that time execute a Deed of conveyance of the said land to the said Joseph which Deed purported to be a conveyance of the Said land to the said Joseph in his own right, neverthelefs it was fully understood between the said Joseph & you Orator that the said Joseph was to have no beneficial interest in the said Land and that the said Joseph was to be but a mere trustee for your Orator; and the said Deed was so taken by the said Joseph -to himself for the special purpose to enable him in behalf of your orator the more conveniently to make sale of the said land and to enable him to give an indisputable title for the same to a purchaser; and your Orator further sheweth unto your Honors that some time in the years of our Lord one thousand eight hundred & four the said Joseph your Orators father departed this life without ever having procured a purchaser for the Said land and left your Orator and your Orators three sisters his heirs at law to wit: Ruth Cook the wife  of Daniel Cook, Luvicey McNeill the wife of John McNeill, Margaret McNeill the wife of Neill McNeill (who hath since died) of Chesterfield District aforesaid & State aforesaid and Sarah Walker the wife of Nedom Walker of the State of Georgia who hath since died and left Nancy Cook the wife of Daniel Cook, Polly Howard the wife of Samuel Howard & Peter Walker her children & heirs at law, and soon after the death of your Orators father the said John McNeill & Luvicey his wife in the right of the said Luvicey as one of the heir at law of the said Joseph took possession of the above mentioned tract of land; and your Orator since the death of his father hath after applied to in a personably manner to the saidDaniel Cook and Ruth, John McNell & Luvicey his wife, Neill McNeill, David Cook & Nancy his wife, Samuel Howard & Polly his wife &  Peter Walker to join have them all join in executing a Deed for the Said Land to your Orator and also to have the said John McNeill & Luvicey his wife let your Orator into possession of the said tract [of] land & to have them account to your Orator for the Annual rents and profits of the said land since they have been in possession thereof and your Orator well hoped they the said Daniel & Ruth, John & Luvicey, Neill, David and Nancy, Samuel & Polly and Peter would have complied with such his reasonable request as in justice & Equity they ought to have done. But now So it is may it please your Honors that the said Daniel & Ruth, John & Luvicey, Neill, David & Nancy, Samuel & Polly and Peter combining & confederating themselves with divers persons unknown at present to your Orator whose names when discovered you Orator prays may be inserted herein with apt words to charge them, contriving how to defraud your orator of the said tract of land they some times they all usually refuse to join in executing a Deed to your Orator for the said land & the said John & Luvicey refuse to let your Orator into possession of the land or to account to  him for the annuals rents & profits on the timber cut of the same, they some timed pretending that your Orators father in his life time did purchase the said land of your Orator & paid him a full consideration for the same; and some time they pretend that your Orator father purchased the said land of the said William Sellers & William Sellers paid him a full consideration for the same & that your Orator never paid to the said William any part of the purchase money; when the truth is and which your Orator believes he will [be] able to prove to the satisfaction of your Honors that the said land was wholly paid for by your Orator all which outings & doings of the said Daniel & Ruth John & Luvicey Neill David & Nancy Samuel & Polly & Peter and the other confederates are contrary to right equity & good conscience & tend to the great injury of your Orator. In tender consideration whereof & for as much as matters of this nature are properly relievable in a court of Equity before your Honors and in regard your Orator cannot compel the said Daniel and Ruth, John & Luvicy, Neill, David & Nancy, Samuel & Polly & Peter to join in executing a Deed to your Orator for the said land And the said John and Luvicey to let your Orator in to the possession of the said land & to account to your orator for the annual rents & profits of the timber cut of  the the <sic> Same but by assistance of A Court of equity: To The End therefore that the said Daniel and Ruth, John & Luvicy, Neill, David & Nancy, Samuel & Polly & Peter may upon their several oath true & perfect answer make to and being allow the premises as fully &  particularly as the same were here again repeated & interrogated & that they may set forth whether your Orator did not purchase the said land of the said William Sellers & pay to him a full consideration for the same and whether the said Joseph died not as agent for your Orator took a Deed from the said William & whether the said Joseph did not at divers times & various occasions declare in their presence that he held the said land in trust for your Orator & that he had no beneficial interest in the land and that the said Daniel Cook & Ruth his wife John & Luvicey his wife, Neill, David & Nancy his wife, Samuel & Polly his wife & Peter may be ordered to join all & each of them in executing a deed to your Orator for the said land and also the said John & Luvicey his wife be ordered to let your Orator into the possession of the said land to account to him for the rents & profits of land and value of the timber cut of the same by them & received by them since the said Joseph’s death. May it Please your Honor to grant unto your Orator  a writ pf subpoena to be directed to the said Daniel and Ruth his wife, John & Luvicey his wife, Neill, David & Nancy, Samuel & Polly & Peter thereby commanding them at a certain day & under a certain penalty therein to be inserted personally to be & appear before your Honor in the Court of Equity then & there to answer the premises and to stand to & abide such order and decree therein as to your Honors shall deem agreeable to equity and good conscience.

              And your orator will ever pray & c.

                                                              Blanding & Hanford

Daniel Cook and his wife Ruth Moultrie are my 5th Great Grand Uncle and Aunt.


_______________________
[1] SC Equity Record #178, SC State Archives, Columbia, South Carolina.

Peter Dry Estate Lands Sold to Son, Martin Dry,

The post on Monday last week, showed that Peter Dry passed away in 1853 leaving his estate to his wife, son, 2 daughters and a grandson of a third daughter.    

• https://carolinafamilyroots.blogspot.com/2020/03/amanuensis-mondaysale-of-peter-dry.html

The posted land deed dealt with a sale of a 1/4 portion of that land division to Martin Dry, son of Peter Dry. Mary Ann (Dry) Sanders and husband John W. Sanders are selling her 1/4 share to her brother Martin Dry.

In today’s Land Deed we find the Grandson Charles F. Dry selling his 1/4 portion of the land to his Uncle Martin Dry. With the purchase of these two portions of the estate land, the son, Martin Dry, now owned 3/4 of his dad’s land. Daughter Elizabeth Catherine still has possession of her one-quarter share. 

Franklin Dry to Martin Dry
This Indenture made this 19th day of November 1863 between Franklin Dry of the County of Cabarrus and State of North Carolina of the one part and Martin Dry of the County and State aforesaid of the other part. Witnefseth that the said Franklin Dry for and in consideration of the sum of One Thousand Dollars to him in hand paid the receipt whereof is hereby acknowledged hath sold assigned transferred and by these presents doth sell assign and transfer to the said Martin Dry his heirs and assigns forever all his interest and title to or in the lands devised to him the said Franklin Dry by the last will and testament of his Grandfather Peter Dry dec’d all of which will more fully appear by reference to Said Last Will and testament. To have and to hold the same to the said Martin Dry his heirs and assigns forever as fully as I could lawfully do by virtue of said last will and Testament and I do warrant and defend the title to the said land against myself my heirs' Executors Administrators and assigns and all persons claiming title under or to the said Martin Dry his heirs and assigns forever.  In testimony whereof, I have hereunto set my hand and seal the day and year first above written.
Signed sealed & delivered in presence of}
Dan Coleman}                                                                   C. F. Dry {Seal}
Test: Wm. M. Coleman

State of North Carolina}
Cabarrus County} I, John A. McDonald Judge of Probate for Cabarrus County do hereby certify that the execution of the within Deed was this the 22nd day of May 1869 duly proven before me by the oath of Dan Coleman one of the Subscribing Witnefses thereto. It is recorded, let it be registered together with this certificate.
Rec’d for Registering May 22md 1869                    John A. MacDonald
David Winecoff Regr.                                                   Probate Judge
By R. Winecofff Deputy


Martin Dry is my 1st Cousin 4 times removed.


________________________
DEED  BOOK 22, Page 147
Cabarrus County, NC
https://www.familysearch.org/ark:/61903/3:1:3QSQ-G967-9CFS?i=77&cat=143999

It’s Family Time~The Henry Alexander Atkinson Family

The exact birth date of Henry Alexander Atkinson is unknown, at present, but the various census shows he was born about 1862, a son of Wiley A. Atkinson and Sarah Ann Allen.

1n 1884, at the age of 22, Alexander met and married Susan Emma Eddins, age 23. Susan Emma was the daughter of John H. Eddins and Sarah Sellers. The 1900 Census shows that Henry Alexander and Susan Emma had been married 16 years and she had birthed 10 children of which four were living. After 1900, Susan had one additional child, a son. These 5 children are the only known children of Henry Alexander and Emma Susan Atkinson.

Henry Alexander Atkinson and Susan Emma Eddins had the following children:
    i.    Elizabeth "Lizzie" Atkinson, born 30 Jul 1889, Anson County, North Carolina; married John Dorsey Carpenter; died 29 Feb 1948.
     ii.    Henry A Atkinson, born 26 Jan 1893, Anson County, North Carolina; married Lottie Bell McCaskill; died 30 Jan 1973.
     iii.    Charlie Duncan Atkinson, born 10 Jun 1897, Anson County, North Carolina; married Allie Tucker; died 24 Nov 1934, Wadesboro, Anson, North Carolina.
     iv.    John Frank Atkinson, born 6 Dec 1899, Anson County, North Carolina; died 13 Jan 1929, McColl, Marlboro, South Carolina.
     v.    James Thomas "Jimmie" Atkinson was born on 15 Dec 1902 in Anson County, North Carolina; died 24 Nov 1985 at the age of 82 in Wadesboro, Anson, North Carolina.

The last record we have for Henry Alexander and Emma Susan Atkinson is the 1930 Census for Anson County. Both are listed in their late 60’s and living with their son, Henry A. and his wife Lottie Bell.

No death certificate or tombstones have been found for Henry Alexander or Emma Susan Atkinson.

I have yet to make a trip to Anson County to check the newspaper archives for obituaries. Therefore, I have no exact date for the death of Henry Alexander and Emma Susan Atkinson but I know they died between 1930 and 1940.

Emma Susan Eddins, the wife of Henry Alexander Atkinson, is my 1st Cousin 3 times removed.








_____________________

1. 1900 U. S. Census, Anson County, North Carolina, population schedule, Morven, Anson, North Carolina, enumeration district (ED) 0008, Page: 7/155 (Stamped); Line 33, Dwelling 105, Family 105, Household of Alexander ATKINSON; digital image, Ancestry.com (http://www.ancestry.com : viewed 3 June 2019); citing National Archives Microfilm T623, Roll 1181.
2. 1910  U. S. Census, Anson County, North Carolina, population schedule, Gulledge, Anson, North Carolina, enumeration district (ED) 006, Page: 12B/83 (Stamped); Line 85, Dwelling 221, Family 225, Household of Alex. ATKINSON; digital images, Ancestry.com (http://www.ancestry.com : viewed 3 June 2019); citing National Archives Microfilm T624, Roll 1096.
3. 1920 U. S. Census, Chesterfield County, South Carolina, population schedule, Mount Croghan, Chesterfield, South Carolina, enumeration district (ED) 44, Page: 15A/264(Stamped); Line 5, Dwelling 156, Family 156, Household of  Alex. ATKINSON; digital images, Ancestry.com (http://ancestry.com : viewed 3 June 2019); citing National Archives Microfilm T625_1690.
4. 1930 U. S. Census, Morven, Anson County, North Carolina, population schedule, Wadesboro, Anson, North Carolina, enumeration district (ED) 0023, Page: 7A/97 (Stamped); Line 29, Dwelling 122, Family 122, Household of Henry A. ATKINSON; digital images, Ancestry.com (http://ancestry.com : viewed 3 June 2019); citing National Archives Microfilm T626_Roll: 1672.
5. 1870 Census, Cabarrus County, North Carolina, population schedule, Township 3, Cabarrus County, North Carolina, Page: 484A (stamped); Line 26, Dwelling 114, Family 112, Household of   John H. EDDINGS; online database, Ancestry.com (http://www.ancestry.com : viewed 6 January 2012); citing National Archives Microfilm Publication M593, Roll 1126.
6. 1880 U. S. Census, Anson County, North Carolina, population schedule, Gulledges, Anson County, North Carolina, enumeration district (ED) 003, Page: 363B (stamped); Line 5, Dwelling 49, Family 49, Household of Sarah EDINS; digital images, Ancestry.com (http://www.ancestry.com : viewed 4 January 2012); citing  National Archives Microfilm T9-951.

Treasure Chest Thursday~Equity Suit #178~James Moultrie vs Jno. McNeill & Wife Luvicey, Page 2

Continue from last Thursday posting

https://carolinafamilyroots.blogspot.com/2020/03/treasure-chest-thursdayequity-suit.html

Equity Record #178 Page 2
South Carolina}
Cheraw District}
Know all men by these presents that I Gilbert Purvis of the District & State aforesaid are held & firmly bound unto John McNeill & Louisa his wife Neill McNeill Daniel Cook & Ruth his wife & the heirs of Nedom Walker in the sum of two hundred dollars to be paid to unto the said John McNeill & Louisa his wife Neill McNeill & Daniel Cook & Ruth his wife & the heirs of Nedom Walker their heirs Executors & administrators for the whole & in the whole firmly by these presents Sealed with my seal & dated the tenth day of April in the year of our Lord one thousand eight hundred & eleven.
Whereas James Moultrie hath filed a bill in the Court of equity of Cheraw District against the said John McNeill & Louisa his wife Neill NcNeill Daniel Cook & Ruth his wife & the heirs of Nedom Walker for relief.
Now the condition of the above obligation is such that if the above bound Gilbert Purvis his heirs Executors or administrators shall & do well & truly pay or cause to be paid to the above John McNeill & Louisa his wife Neill McNeill Daniel Cook & Ruth his wife & the heirs of Nedom Walker all costs which shall be decreed & awarded against the said James Moultrie in consequences of the paid bill of complaint should be dismissed by the said Court then the said obligation to be sold & of none effect otherwise to remain in full force & Virtue.
Test                                                                              s/ Gilbert Purvis {Seal}
E. Kanford

Daniel Cook and his wife Ruth Moultrie are my 5th Great Grand Uncle and Aunt.
_______________________
[1] SC Equity Record #178, SC State Archives, Columbia, South Carolina.

Wordless Wednesday~Spring is Coming!

Tombstone Tuesday~Elizabeth Sellers Fail

https://www.findagrave.com/memorial/126143678/elizabeth-fail

Elizabeth Sellers, daughter of Samuel Sellers and Alice “Allie” Cook was born about 1815 in either Anson County, NC or Chesterfield County, SC. In 1829, Daniel Cook, the brother of Alice and other family members migrated to Alabama and later onward to Kentucky. Samuel and Alice join the family members. The matriarch of this family, Ruth Moultrie Cook, continued on to Kentucky where she died in Trigg County about 1829 or 1830.  

Elizabeth Sellers married Jeremiah Fail on 14 July 1841 in Wilcox County, Alabama. To this union was borne two daughters; Margaret aka Maggie and Harriett. A son, William G. Fail was from a previous marriage of the said Jeremiah Fail. Both Jeremiah and Elizabeth are believed to have passed away in May 1871.  We have a confirmed death date of 13 May 1871 for Jeremiah and based on probate records know that Elizabeth passed away shortly thereafter.

To the Honorable J. H. Burdick, Judge of the Probate court for Wilcox County
Your petitioner, William G. Fail. a resident citizen of Wilcox County over the age of twenty- one years, respectfully represents that Jeremiah Fail, who was at the time of his death, a resident citizen of Said County, departed this life on or about the 13th day of May, 1871, intestate.
That the said Jeremiah Fail was possessed of & owned a large real & personal estate, which your petitioner estimated to be worth about forty thousand ($40000,); the major part of which said estate is in the county aforesaid.
That the said testate left heirs surviving?, his widow, Mrs. Eliza Fail & your petitioner, who is his only son, & Mrs. Margaret Reddish, who is his only daughter, and that they are his next of kin & only heirs at law, & that they both are over the age of twenty one & reside in Wilcox County.
That Mrs. Eliza Fail, the widow of said intestate, died in Wilcox County, Alabama about two weeks after the death of said Jeremiah Fail, and no one has as yet been appointed administrator of her Estate.
Your petitioner furthers states that he is informed & believe that he is entitled to precedence in the administration of his father’s estate, he therefore prays Yr Honor to Appoint him administrator of the estate of said Jeremiah fail, deceased; & that that such proceedings may be his? that letters of Administration may be duly and legally granted to your petitioner.
  Sworn to & published}                                  Respectfully,
Before me this 20, day}                                  W.G. Fail
Of June, 1871}
J. H. Burdick,
Judge of Probate
Image 634 of 2086 has a Petition letter dated 9 July 1871 with the following statements "That said decedent (Eliza Fail) left her surviving one only child her only heir-at-law to wit: Mrs. Maggie Reddish over 21 …
That the decedent died in the County aforesaid more that 40 days before the filing of this Petition. Letter was signed by John R. McDonald & P. D. Burford and addressed to the Honorable John T. Cook, Judge of Probate.

Elizabeth Sellers Fail is my 2nd Cousin 5 Times Removed.



__________________________________
[1] Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 15 March 2020); Memorial page for Elizabeth Sellers Fail; (1815–about May 1871); Find a Grave memorial # 126143678, Citing Sellers Family Cemetery; Millers Ferry, Wilcox County, Alabama, USA.
[2] Probate: Jeremiah Fail, Wilcox County, AL; https://search.ancestry.com/cgi-bin/sse.dll?dbid=8799&h=4187538&indiv=try&o_vc=Record:OtherRecord&rhSource=60922
[3] DEATH of Eliza/Elizabeth (Sellers) Fail; Ancestry; Image 651 of 2036; Short URL>>
https://ancstry.me/2lLn7mo

Amanuensis Monday~Sale of Peter Dry Estate Lands, 1868.

Amanuensis Monday is a genealogy blogging theme. It was started by John Newmark who writes the TransylvanianDutch blog.

His definition of Amanuensis is:
Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

Today’s subject is the Sale of Peter Dry Estate Lands, 1868.¹

Sometime shortly before 17 December 1853 Peter Dry passed away leaving his estate to his 4 surviving children; 3 daughters and a son.  Now, fifteen years after the death of their father, Mary Ann (Dry) Sanders and her husband John W. Sanders are selling their one-fourth interest in the estate land to her brother John Martin Dry.

An excerpt from the below land deed reads: “the tract of land belonging to Peter Dry deceased and given by the Said Peter Dry in his last Will and Testament to his three children Martin Dry, Mary Ann Sanders, Catherine Kess and his grand son Charles Franklin Dry.”

Daughter Margaret Ann Dry, the mother of Charles Franklin Dry, is mentioned in Peter Dry’s Will but her share was left to her son Charles Franklin Dry.

From Peter Dry’s Will: “my grandchild Franklin Dry, son of my daughter Margaret Speight (formerly Margaret Dry) after deducting off of the share of my said grandson Franklin Dry the sum of one hundred dollars heretofore advanced to his mother.”

It was this land deed that led me to the husband of daughter Elizabeth Catherine Dry.  The Deed named one of the surviving children to be Catherine Kess. I often wonder if there was a relationship to the Martin Keese of Wilkes County living with the Dry family in 1850.

While no relationship was initially found  it wasn’t long until there was a connection. Martin Kees and Elizabeth Catherine Dry were married on 24 May 1851 in Cabarrus County, North Carolina. I’m still struggling to document this family. I know they had two children of which one lived to adulthood. Martin Kees died before 1870 and Catherine re-married. No death dates or tombstones have been found for either of them.

Transcription:

DEED BOOK 21, Page 663
Cabarrus County NC.
This Indenture made and executed this 6^th day of January AD 1868 between John W. Sanders and his wife Mary Ann Sanders of the County of Lenoir and State of North Carolina of the first part and Martin Dry of the County of Cabarrus and State of North Carolina of the second part. Witnefseth that for and in consideration of the Sum of Six hundred dollars to us in hand paid or caused to be paid by the Said Martin Dry of the Second part have bargained and Sold and do by these presents bargain sell and deliver unto the said Martin Dry our individual interest (being one Fourth) of a certain tract or parcel of land lying and being in the County of Cabarrus North Carolina on the West side of Cold Water Creek and on both sides of the three mile branch and the lands of Margaret Cline Allison Winecoff Margaret Brown and others being the tract of land belonging to Peter Dry deceased and given by the Said Peter Dry in his last Will and Testament to his three children Martin Dry, Mary Ann Sanders, Catherine Kess and his grandson Charles Franklin Dry as will more fully appear by reference to said last will and Testament. To have and to hold unto the said Martin Dry his heirs and assigns forever our entire interest on and to the above described land and premises being one fourth part and we the said John W. Sanders & Mary Ann Sanders his wife do for ourselves our heirs Executors and administrators remise release and forever quit claim unto the said Martin Dry his heirs and assigns all our rights title and interest in and to the above described land and premises. In Witnefs whereof we have hereunto set our hands and seals the day and date above written.
Signed Sealed & delivered in presence of                            John W. Sanders {Seal}
North Carolina}                                                                    Mary Ann Sanders {Seal}

Lenoir County} This day personally appeared before me E. J. Warren one of the Judges of the Superior Court of Law & Equity for said State John W. Sanders & Mary Ann Sanders his wife & acknowledged the execution by them of the foregoing deed and the said Mary Ann being by me privately examined separate & apart from here said husband touching her free consent in the execution off said deed She on such her examination declared that she executed the same voluntarily of her own Free will & accord & without any force fear & undue influence of her said husband or any other person & did now voluntarily assent thereto let the said deed together with this Certificate be registered.
Rec’d for Registering April 18^th 1868                                       E. J. Warren
R. Winecoff Reg’s Judge &c

Peter Dry is my 3rd Great Grand Uncle; his children, my 1st Cousins 4 times removed.






_____________________
[1] Land Deed - John W. Sanders and Wife to Martin Dry; 6 January 1868; Deed Book #21; Page(s) 663; Register of Deeds; Concoen, Cabarrus County, North Carolina; 14 March 2020.
[2] Peter DRY (1850), WILL BOOK: 1; Page 253 & 254; Probate Office, Concord, Cabarrus, North Carolina.

It’s Family Time~The John Martin Dry Family

John Martin Dry was born 22 May 1820, a son of Peter Dry and his wife Hetty Elizabeth A. Teter. His birth is recorded within the St_Johns_Lutheran Church Baptismal_Records 1797_1847.

John Martin and his father, Peter, were farmers in Cabarrus County, North Carolina. Peter owned land, that he willed to his children, along Cold Water Creek in the county. On 11 September 1856, John Martin married Mary Jane McCullums, age 20, of Cabarrus County. 

John Martin and Mary Jane would raise their family, eking out a living on the land along Cold Water Creek.

John Martin Dry and Mary Jane McCollums had the following children:
        i.    Martin L. Dry was born about Sep 1859 in Cabarrus  County, North Carolina. He died before 1870 at the age of 11.
         ii.    William Franklin Dry, born abt 1863, Cabarrus  County, North Carolina; married Eliza Julia Page, 9 Feb 1886, Cabarrus  County, North Carolina; died bef 24 Aug 1908.
         iii.    Adam Monroe Dry was born about 1866 in Cabarrus  County, North Carolina.  He died before 1880.
         iv.    Margaret Jane Dry was born about 1868 in Cabarrus  County, North Carolina.  She may be Mrs. Hess mentioned in Martin Dry Obituary.
         v.    Elizabeth Catherine "Bettie" Dry, born 30 Oct 1873, Cabarrus  County, North Carolina; married John A. Dry, 28 Dec 1893, Cabarrus  County, North Carolina; married Mathew William Benfield, 23 Feb 1908, Cabarrus County, North Carolina; died 22 Dec 1935, Cayuga, Anderson, Texas.
         vi.    Levi Lafate Dry, born 2 Sep 1875, Cabarrus  County, North Carolina; married Betty Boswell, 25 Feb 1906, Anson County, North Carolina; died 20 Jul 1919, Burnsville, Anson, North Carolina.

It is not known when Mary Jane McCollums Dry passed away other than between 1880 and 1900.  John Martin Dry passed away on 2 October 1899 based on his obituary. No tombstones have been found for either individual.  

Dry, Martin.  Mr. Martin Dry, an aged citizen of East Concord, died last Monday night.  He had a stroke of paralysis about ten days ago.  He was 79 years old, and a quiet, inoffensive citizen.  He leaves two sons and two daughters.  One of his daughters, Mrs. Hess, is now lying at the point of death.  Mr. Dry was a member of the Lutheran church.  Rev. C. B. Miller conducted the funeral services Friday, and the body was interred in the old Lutheran cemetery.  (Source: The Concord Times, Concord, North Carolina, October 5, 1899.)

John Martin Dry is my First Cousin 4 Times Removed.

____________________________________
1. 1850 U. S. Census, Cabarrus County, North Carolina, population schedule, Cabarrus, North Carolina, Page 445B(stamped), Line 14, Dwelling 670, Family 670; Peter DRY, Household of Peter DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm Publication M432, Roll 622.
2. 1860 U. S. Census, Cabarrus County, North Carolina, population schedule, Subdivision East of NC RR, Cabarrus, North Carolina, Page: 54 (stamped); Line 33, Dwelling 357, Family 357, Household of John M. DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm Publication M653, Roll 890.
3. 1870 Census, Cabarrus County, North Carolina, population schedule, Township 11, Cabarrus, North Carolina, Page: 438A(stamped); Line 30, Dwelling 122, Family 124, Household of Martin DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm Publication M593, Roll 1126.
4. 1880 U. S. Census, Cabarrus County, North Carolina, population schedule, Old Field, Cabarrus, North Carolina;, enumeration district (ED) 029, Page: 376C; (stamped); Line 28,, Dwelling 173, Family 173, Household of and Martin DRY; digital image, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm T9, Roll 0955.
5. "Index to North Carolina Marriage Bonds, 1741-1868," database, Ancestry (http://www.ancestry.com : viewed 3 May 1018), MARRIAGE~Martin Dry & Mary Jane McCullums; North Carolina Division of Archives and History, 1977; Marriage Date: 11 Sep 1856.

6. Adelaide and Eugenia Lore, St_Johns_Lutheran Church: Baptismal_Records_1797_1847 (Concord, Cabarrus County, North Carolina: Self-Published as PDF, 1977), page 28.
7. Mr. Martin Dry obituary, The Concord (NC) Times, Concord, Cabarrus County, North Carolina, 5 October 1899. Died Monday night, age 79.

Probate of the John Paul Dry Estate

John Paul Dry was born 18 Feb 1828, a son of John B. Dry and Elizabeth Catherine Barrier.

Johu Paul, b. 18 Feb. 1828; John Dry and Catherine Barrier
St. John’s Lutheran Church Baptismal Records, Concord, North Carolina. 

In 1852, Paul married Barbara D. Lipe and they had two children. The 2nd child, a boy born 1855 died in September 1856 and Barbara died 16 June 1857 leaving Paul with 2 children in his care.

In May 1858, Paul Dry married Hannah Melissa Blackwelder.  Paul and Hannah had two children before he joined Company B, 7th Regt. NC Infantry. On Christmas Eve 1862, Paul Dry died from pneumonia in a Richmond, Virginia hospital. A son, Paul B. Dry was born in early 1863 after the death of his father.

DRY, PAUL, Private
Resided in Cabarrus County where he enlisted at age 30, August 19, 1862, for the war. Died in hospital at Richmond, Virginia, December 24, 1862, of "pneumonia." [State Troops, Volume 4, page 422]

Probate of Paul’s estate was executed in the October session 1866 of Probate court. The Probate folder only contains this one important document.¹

Transcription:

State of North Carolina}
Cabarrus County}

In pursuance of an order of Court made at October Sefsions 1866 we whose names are hereunto annexed being duly Summoned & Sworn to lay off and allot to Hannah M. Dry Widow and relict of Paul Dry dec’d the one third part in value of the lands of which her said husband died Seized & possessed including therein the Mansion House & all necessary out houses and Spring and put her the said Hannah M. Dry widow and relict as aforesaid in possession of the Same Bounded as follows to wit: Beginning at a Double W. O. South West corner of Church lot (Lutheran Union) then S 50° E 20 po to a stone corner Said lot then S 38° W 42 po fallen P. O. then N 66° W 100 po to a S. O. then North 41 po to a stone then East 20 po to a P. O. then North 57½ po to a Hickory then N 62° W 20½ P. O, then N 89° W 10 po to a stone then N 72° W 11 po to a Stake a corner of Mt. Carmel church lot then with 4 lines of Said Lot N 40° E 14 po to a St N 66° W 5 po to a St N 85° W 15 po to a persimmon N 52° W 27 po to a Sts then N 57° W 19 po to a Sts then N 55° W 16 1/2 po to a Sts then N 85½° W 12 ½ po to a Walnut then N 62° W 38 po a B. O. then N 66° W 11 po to a Sycamore on the bank of Buffalo creek then N 12° E 12½ poles to a stump in the creek then N68° W 145 po to a P. O. then N 38° E 38 po to a Sto in Adams creek then down the bank of the creek to a Poplar below the Mill then 71 E° 13 po xing } [Stream] to a Stone in the road near the house then N 32° E 12 1/3 po to a Sto in Mill yard then N 55° E 24 po to a Sugar berry then S 56° E 6 po to a Sto then S 30° W 16 po to a Sto then S 30 ½° E pafsing through the centre of the Spring at 26 po 48 po to a Sto then S 57° E 115 po to a Hic grub then S 39° E 130 po to beg[ining] containing 105 ½ Acres. All of which we respectively submit to your Worship this 29^th day of Nov. 1866 our hands and seals.
Test                                                                         Moses Barrier {Seal}
J. S. Shinn                                                               M. P. Dry {Seal}
                                                                                Mather Naggart {Seal}
Surveyors fee $7.                                                   J. J. Misenhemier {Seal}
                                                                                P. B. C. Smith {Seal}

Pvt. John Paul Dry is buried in Hollywood Cemetery, Richmond, Virginia.

After the death of John Paul Dry, his widow, Hannah Elizabeth married on 8 April 1875, Luther M. Barrier.

Hannah Elizabeth Blackwelder Dry Barrier died  31 October 1909 and is buried at Holy Trinity Lutheran Church Cemetery, Mount Pleasant, Cabarrus County, North Carolina.


John Paul Dry is my 2nd Cousin 4 times removed.






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1. "North Carolina Estate Files, 1663-1979," database with images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-22995-23193-51?cc=1911121 : 20 November 2015), Cabarrus County > D > Dry, Paul (1866) > image 1 of 3; State Archives, Raleigh.
2. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed  3 May 2018); Memorial page for Pvt Paul Dry; (18 February 1828–24 December 1862); Find a Grave memorial # 58879852, Citing Hollywood Cemetery; Richmond, Richmond City, Virginia, USA.
3. Adelaide and Eugenia Lore, St_Johns_Lutheran Church: Baptismal_Records_1797_1847 (Concord, Cabarrus County, North Carolina: Self-Published as PDF, 1977), Page 27.
4. 1850 U. S. Census, Cabarrus County, North Carolina, population schedule, Cabarrus County, North Carolina, Page: 484A(stamped); Line 8, Dwelling 1253, Family 1253, Household of John B. DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm Publication M432, Roll 622.
5. 1860 U. S. Census, Cabarrus County, North Carolina, population schedule, Subdivision East of NC RR, Cabarrus, North Carolina, Page: 71(stamped); Line 15,, Dwelling 623, Family 623, Household of Paul DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm Publication M653, Roll 890.
6. Louis H. Manarin, North Carolina Troops, 1861-1865: A Roster (Raleigh, North Carolina: Office of Archives and History, 2013), 4, 422, Pvt. Paul Dry.
7. "Index to North Carolina Marriage Bonds, 1741-1868," database, Ancestry (http://www.ancestry.com : viewed 3 May 2018), MARRIAGE~ Paul Dry & Barbara D. Lipe; North Carolina Division of Archives and History, 1977; Marriage Date: 26 Feb 1852.
8. "Index to North Carolina Marriage Bonds, 1741-1868," database, Ancestry, Marriage~Paul Dry & Hannah Melissa Blackwelder.
9. 1870 Census, Cabarrus County, North Carolina, population schedule, Township 9, Cabarrus, North Carolina, Page: 550A(stamped); Line 9, Dwelling 109, Family 125, Household of H. M. DRY; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2018); citing National Archives Microfilm Publication M593, Roll 1126.
10. Find A Grave, Inc., Find A Grave, database, "Record, Hannah Melissa Blackwelder Barrier (5 June 1837–31 October 1909), Memorial #30091910.

Treasure Chest Thursday~Equity Suit #178~James Moultrie vs Jno. McNeill & Wife Luvicey, Page 1

Back in 2006, Joan Sellers Johnson posted information on GenForum listing the heirs of Joseph Moultrie that were given in an equity court petition. Since that time GenForum has been decimated and remnants of their posting can be found on www.genealogy.com

See posting here:
https://www.genealogy.com/forum/surnames/topics/moultrie/20/

Earlier this year I tracked down the original source documents pertaining to the Equity suit and received 3 documents.  Today, we will look at Document #1 from this Equity Suit.

Transcription:

Equity_178_Document #1
South Carolina} In Equity
Cheraw District} To the Honorable Hugh Rutledge, Wm. James, Waddy Thompson, William H. Dessaussure & Theodore Gaillard Esquires Judges of the Court of Equity of the said State.
Humbling complaining sheweth unto your honor your Orator James Moultrie of Edenton, of in the State of Georgia that your Orator some time in the year of our Lord One thousand seven hundred and ninety two bargained with on William Sellers of Chesterfield District State aforesaid for a certain Tract of land situates and lying near Chesterfield Court House in the district aforesaid containing two hundred acres for which tract of land your Orator agreed to give the said William two hundred & fifty dollars and your orator afterwards made several payments to the said William which on the whole amounted to two hundred and Twenty Dollars and the said William had never executed to your Orator any deed of conveyance of the said land; and your Orator further sheweth to your honor that sometime in the year of our Lord one thousand seven hundred and ninety six he moved from the State into the State of Georgia and left Joseph Moultrie your Orators father his agent to settle up his businefs in Chesterfield district aforesaid, and the said Joseph soon afterwards did as agent of your Orator pay out of your Orators money which had come into his hands the balance of the two hundred and fifty dollars which remained unpaid to the said William the said William <sic> did at that time execute a deed of the said land to the said Joseph which deed purported to be a conveyance of the said land to the said Joseph in his own right Nevertheless it was fully understood between the said Joseph and your Orator that the said Joseph was to have no beneficial interest in the said land and that the said Joseph was to be but a mere trustee for your orator; & the said deed was so taken by the said Joseph to himself for the special purpose to enable him in behalf of your Orator the more conveniently to make sale of the said land and to enable him to give an indisputable Title for the Same to a purchaser; and your Orator further sheweth unto your honor that some time in the year of our Lord one thousand Eight hundred and four the said Joseph your Orator father departed this life without ever having procured a purchaser for the said land and left your Orator and your Orators three sisters his heirs at law to wit: Ruth Cook the wife of Daniel Cook, Luvicey McNeill the wife of John McNeil, Margaret McNeil the wife of Neill McNeill (who hath since died) of Chesterfield District and state aforesaid and Sarah Walker wife of ____ Walker of the state of Georgia who hath since died and left Nancy Cook the wife of Daniel Cook, Polly Howard the wife of Samuel [Howard]. Bracketed surname added by the author of this blog.

[the remainder of this document is lost to time]

I have 3 additional pages from this Equity Record but none of those pages are a continuation of the above document.


I do hereby certify that this Sheet does contain a true and perfect copy of a Bill filed in the Court of Equity for Cheraw District wherein James Joseph Moultrie is complainant and Jno. McNeill and Luvicey his wife and other defendants.
22 January 1810                                                         James R. Ervin
                                                                                    Comr in Equity

List of Joseph Moultrie heirs that Joan Sellers Johnson named within her GenForum post:

Son - James Moultrie
Daughter - Ruth Cook, wife of Daniel Cook
Daughter - Luvicey McNeill, wife of John McNeill
Daughter - Margaret McNeill, wife of Neill McNeill
Children of Deceased Daughter, Sarah Walker, wife of Nelson/Nedom Walker: Nancy Cook, wife of David Cook; Polly Howard, wife of Samuel Howard; Peter Walker.
Next week, Thursday, we will look at document number two.

Daniel Cook and his wife Ruth Moultrie are my 5th Great Grand Uncle and Aunt.


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[1] SC Equity Record #178, SC State Archives, Columbia, South Carolina.
[2] GenForum posting by Joan Sellers Johnson naming heirs of Joseph Moultrie.