It’s Family Time~The Joshua J. Osborne Family

Joshua J. Osborne and Emaline Malinda Huneycutt were married about 1843. No marriage document has yet been located for this couple. The 1843 marriage date is based on the birth of their first known child, a daughter Leah Malinda, borne about 1844. Leah is reported as age 6 in the 1850 census and age 16 in the 1860 census for Stanly County, North Carolina. After that her birth year is reported as 1842, 1846 and 1848 with the date October 1846 recorded on her death certificate. 

Emaline Malinda Huneycutt was borne about 1819, a daughter of Eli Branson Huneycutt and Leah Stough. The parents of Joshua J. Osborne have not been identified as of yet.  

The couple can be found in Stanly County in the 1850, 1860 and 1870 censuses. There’s a lot of misinformation on the web so beware. With the lack of verification many on-line trees shows Leah Malinda as deceased (to much copying) in 1862; yet, Joshua named her in his Will dated October 1871. They also show Joshua deceased in 1906 (again to much copying) when his estate was probated in 1887.

I was unable to find Joshua and Malinda in the 1880 census. I know that Joshua was alive and should have been enumerated. I have no idea if Malinda was living in 1880 but I do know she was on 3 October 1871.  Joshua was a Framer and he and Leah raised a large family of eleven children.

The Children's of Joshua J. Osborne and Emaline Malinda Huneycutt were:

        i.    Leah Malinda Osborne, born abt 1844, Stanly County, North Carolina; married Thomas W Pinion, 28 Oct 1875; died 19 Dec 1919, Vance, Union, North Carolina.
        ii.    Adam M. Osborne was born about 1845. He died on 17 Aug 1917 at the age of 72.
       iii.    Eva Maria Osborne was born about 1848. 
       iv.    Eli J. Monroe Osborne was born about 1850. 
        v.    Hester C. Osborne, born May 1851; married Mathias M. Love, 1 Apr 1884, Stanly County, North Carolina; died 4 May 1928, Cabarrus County, North Carolina.
        vi.    Rosa Corma Osborne was born about 1853.
       vii.    Lucinda "Lucindy" Osborne, born Aug 1855; married Fredrick E. Deese, 8 Nov 1877, Stanly County, North Carolina; died 26 Aug 1918, Stanly County, North Carolina.
      viii.    James Calvin Osborne was born in Oct 1854. He died on 27 Jan 1928 at the age of 73 in Landis, Rowan, North Carolina.
        ix.    Martha Elizabeth Osborne was born about 1861.
         x.    John P. Osborne, born 13 Jun 1862; married Margaret Jane Brooks; died 19 Jul 1932, Concord, Cabarrus, North Carolina.
         xi.    Beedy L. Osborne was born about 1866.

No death date is known for Emeline Malinda Huneycutt Osborne. Joshua J. Osbourne left a Will that he wrote in October 1871 when Leah was in fact known to be living. He died in late 1887 or early 1888. When his will was probated both witnesses to his Will were deceased. His will was short and left everything he owned to his wife and two sons, Adam and Eli M. Osborne, whom he named as Executors. I see no indication in the probate folder that suggests whether Leah Malinda was alive or deceased. However, I do have in my possession a document she executed on 1 September 1898 proving her death to be after this specific date. 

Will of Joshua Osborne

Under the uncertainty of life.

State of N. C. Stanly County}

This Oct. 3rd in year of our Lord A.D. 1871.

I make this my last will and testament. I will and bequeath unto my wife Emiline all my Land and all my Stock horses cattle Sheep &c I will my wife Emiline have the privilege to Sell or convey the above Lands and Stock or to have the Sole right to manage it as she may see propper <sic> and further if any of the above mentioned propry remains at my wife Emiline’s Death it shall be appropriated to the use of raising the children I also Request that [my] two sons Adam and Eli M. Osborne See to carry out the above will and I leave her my wife an executor to my last will and Testament.

Here I set my hand and affixing my seal.

                                                                                s/Joshua Osborne {Seal}

This October 3^rd 1871

Attest. strike Joseph E. Hartsell}

Wilson Hartsell}

 

Emaline Malinda Huneycutt wife of Joshua J. Osborne is my 2nd Cousin 3X Removed.

__________________________

1. 1850 Census, Stanly County, North Carolina, population schedule, Furrs, Stanly, North Carolina, Page: 41B(Stamped), Line 37, Dwelling 584, Family 587, Houasehold of Joshua OSBORNE; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2020); citing National Archives Microfilm Publication M432, Roll 645.
2. 1860 U. S. Census, Stanly County, North Carolina, population schedule, Stanly, North Carolina, Page: 10 (Stamped); Line 15, Dwelling 126, Family 126, Household of Joshua OSBORNE; online database, Ancestry.com (http://www.ancestry.com : viewed 3 May 2020); citing National Archives Microfilm Publication M653, Roll 914.
3. Ancestry, "Civil War Service Records" database, Military Service Records (https://www.fold3.com/ : accessed 3 May 2020), entry for Joshua Osborne, Pvt.; Sixth Senior Reserves; Confederate.
4. 1870 U S Census, Stanly County, North Carolina, population schedule, Furr, Stanly, North Carolina, Page: 68B(Stamped); Line 19, Dwelling 147, Family 148, Household of Josh OSBORNE; digital image, Ancestry.com (http://www.ancestry.com : viewed 3 May 2020); citing National Archive  Microfilm M593, Roll 1160.
5. Joshua Osborne (1871), WILL BOOK: Last Will & Testament; 211 & 212; Probate Office, Albemarle, Stanly County, North Carolina.
6. Stanly County, North Carolina, Estate Files, 1665-1998, Joshua Osborne; digital images, Ancestry.com, Ancestry.com (http://www.Ancestry.com: viewed 15 December 2020); 1887  Estate of Joshua Osborne.
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https://www.familysearch.org/ark:/61903/3:1:33SQ-LGCC-LW9?i=144&wc=32GQ-2NL%3A169988501%2C170067001&cc=1867501

Amanuensis Monday~Land Deed: Eli B Huneycutte & Wife to Brittain L Green

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 a Land Deed: Eli B Huneycutte & Wife to Brittain L Green¹

Land Deed: Eli B Huneycutte & Wife to Brittain L Green

This Indenture made this 7th day of May A D 1856 Between Eli B Huneycutte & wife Leah Huneycutte formerly Leah Stough of Stanly County and State of North Carolina of the one part and Brittain L Green of the County of Stanly & State of North Carolina of the other part Witnesseth that the said Eli B Huneycutte & wife Leah Huneycutte formerly Leah Stough for and in consideration of the sum of Eighty dollars to them In hand paid by the said Brittain L Green the receipt whereof is hereby acknowledged have bargained sold aleined & confirmed and by these presents do bargain sell alein and confirm unto the said Brittain L Green and his heirs & assigns forever all that tract of land situated lying & being in the County of Stanly & State of North Carolina bounded as follows Beginning at a stake on the bank of Island Creek in Nelson Smiths & Sarah Cagle's line & with said line No 21 Wt 121 poles to a post oak a corner of said line thence with another line of Holden Hartsell & Sarah Cagle's No 15 Et 50 poles to a white oak another corner of Sarah Cagles land & also Holden Hartsells thence No 19 Wt 10 poles to a dogwood by a post oak & two hickories thence due west 12 poles to a stake on Island Creek thence down the various courses of said creek to the beginning containing Forty acres more or less being the land willed to her by her father with all the appurtenances thereunto belonging and the estate right title trust interest property claim and demand whatsoever both at law & in Equity of said Eli B Huneycutte & wife Leah Huneycutt into or out of the premises, to have & to hold said land and tenements & hereditaments to the said Brittain L Green his heirs and assigns forever And the said Eli B. Huneycutte & Leah Huneycutte his wife & their heirs all and singular the aforesaid tenements & premises to the said Britain L Green and his heirs & assigns against the said Eli B Huneycutte & wife & their heirs & assigns and against all and every other person whomesoever shall and will forever warrant and defend by these presents
In testimony whereof the said Eli B Huneycutte & wife Leah Huneycutte do hereunto set their hands & seals this day & year first above writen
Signed Sealed and                                            hi
delivered In presence of                          Eli B X Huneycutte mark {Seal}
Wm R Smith                                                   mark
John O Tucker                                                 herr
                                                                 Leah X Huneycutte {seal}
                                                                        mark

North Carolina: May Session 1866
Stanly County: I Eldridge L Parker esqr in obedience of said court I proceeded in open court to take the private examination of Leah Huneycutte wife of Eli B Huneycutte touching her execution of the within deed who separate and apart from her said husband declares that she signed said deed freely & voluntarily & not by any constraint or compulsion of her said husband
                                                                   E L Parker J P C C
N Carolina: August Session 1856
Stanly County: Then the execution of this deed was proved on the oath of W R Smith therefore let it be registered
                                                                   R Harris Clk
Registered 23rd Augt 1856
                                                                  S. S. Stone Regr


This land deed is a fine example of a documents that provides much useful genealogical information about the people involved.

First we learn that the land deed is between - Eli B Huneycutte & wife Leah Huneycutte formerly Leah Stough of Stanly County and State of North Carolina

Second, that – Nelson Smith, Sarah Cagle and Holden Hartsill are adjoining land owner to Eli & Leah Huneycutt.

Third – we learned that Leah inherited the land from her Father - the land willed to her by her father

While the land deed does not name her father it does mentioned that it is located in Stanly County. We know from the county formations that Stanly was formed from Montgomery County in 1841. So it‘s obvious that her Father lived in either Montgomery or Stanly County.

When looking for WILLS in North Carolina; the Bible for WILLS is “North Carolina Wills: A Testator Index, 1665-1900” by Thornton W. Mitchell. A preview of Thornton’s book shows two “STOUGH” men with WILLS in NC:   

• Andrew Stough (067) – 1839 - PQS 2/224
• Martin Stough (016) – 1842 - PQS 6/168

The numbers in ( ) are numeric codes for the NC Counties; 067 = Montgomery County; 016 = Cabarrus Count
Based on these entries I would say that Andrew Stough is the Father of Leah Stough and procuring a copy of this WILL from the NC Archives will prove or disprove this conclusion. 

I took one additional look and found that Andrew Stough served in both the Cherokee–American war and the Revolutionary War.  His Revolutionary War Pension application (S7630) can be found here - http://revwarapps.org/s7630.pdf










_________________________
[1] North Carolina, Deed Book: Deed Book 5, page 7 & 8, Land Deed: Eli B Huneycutte & Wife [Leah Stough] to Brittain L Green; Register of Deeds, Albemarle, Stanly County, North Carolina.
[2] http://revwarapps.org