Treasure Chest Thursday~Charles Drye vs Nathan B. Jenkins

The document below is a legal notice for a lawsuit brought by Charles Andrew Drye against Nathan B. Jenkins who resides beyond the limits of this State (NC).

Charles Andrew Drye was born in 1792, a son of of Andrew and Mary Barbara Teem Dry of Cabarrus County, North Carolina. he married Leah Tucker in 1834 and they had six children; 4 sons and 2 daughters.

Charles Andrew Drye died 9 September 1858 in Union County, North Carolina and was buried in Brooks-Hill Cemetery, Stanly County, North Carolina.


Transcription:

STATE OF NORTH CAROLINA
UNION COUNTY
Court of Pleas and Quarter Sessions, January Term 1846
Charles Drye}
vs
Nathan B. Jenkins} Original Attachment
Levied on Land and his interest in six Negroes viz: Temperance, Candis, Eliza, Jackson, Nelson and Jane.
It appearing to the satisfaction of the Court that Nathan B. Jenkins the defendant in this case resides beyond the limits of this State so that the ordinary process of law cannot be served upon him. It is there Ordered by the Court that Publication be made for six weeks in the Charlotte Journal notifying the defendant that unless he be and appear at the next Court of Pleas and Quarter Sessions to be held for the County of Union at the Court Hose in Monroe on the 1^st Monday in April; next then and there to repelvy and plead or Judgement final will be entered up against him and the lands and Negroes levied upon condemned to satisfy the Plaintiffs debt.
Witness Hugh Stewart, Clerk of our said Court at office the 1^st Monday in January and in the 70^th year of our Independence A. D. 1846.
                                                                                                    HUGH STEWART, C.C.C.
Printer’s fee $5.62
 
 
 
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[1] "Charles Drye vs Nathan B. Jenkins," Legal Notice, The Charlotte Journal, Charlotte, NC, 13 March 1846, Page 1, column 4. http://chroniclingamerica.loc.gov/.

It’s Family Time~Andrew Dry

Andrew Dry was born on March 26, 1762, in Montgomery County, Pennsylvania, a son of Charles Dry, age 29 and his mother, Christina Muss, age  32.
The family migrated from Montgomery County, Pennsylvania sometime before 26 July 1777 when Andrew's father Charles Dry purchased lad from the estate of John Haygler of Mecklenburg County, North Carolina.  

Mecklenburg Deeds 7:297-300 26 July 1777 Abstracted by Brent Holcomb-
Paul Barringer & Barbara Herenhart (Ernhart) heretofore Barbara (Hagler) Haygler, Extx of the LWT of John Haygler, late of Meck. Dec’d. to Charles Darr of same…whereas the sd. John Haygler by his LWT of 29 May 1771 will and directed that if his wife Barbara should intermarry again his executors would sell and dispose of his lands. Said Barbara intermarried with Philip Herenhart of Rowan whose wife she still is, for L250 land on Dutch Buffalow Cr 250 A, conveyed to Haygler by Arthur Dobbs.
Witn: Jacob Dun (Derr?
http://www.genealogy.com/ftm/w/a/l/Gary-D-Walter/FILE/0002page.html

He married Mary Barbara Teem in 1785 in Concord, North Carolina. They had 8 children in 38 years. 

Their children were:
i. Christina Dry, born 19 Mar 1786, Cabarrus County, North Carolina; married Jacob John Misenheimer, 30 Mar 1807; died 26 Aug 1855, Cabarrus County, North Carolina.
ii. Daniel Monroe Dry, born 25 Mar 1790, Cabarrus County, North Carolina; married Rachel Lipe, 5 Jan 1811, Cabarrus County, North Carolina; died 23 Oct 1854, Concord, Cabarrus, North Carolina.
iii. Charles Andrew Dry, born 1792, Cabarrus County, North Carolina; married Esther Misenheimer, 15 Dec 1819, Cabarrus County, North Carolina; married Leah Tucker, abt 1834; died 9 Sep 1858, Union County, North Carolina.
iv. Leah Dry, born 13 Apr 1794, Cabarrus County, North Carolina; married Michael Fesperman, 20 Feb 1816, Cabarrus County, North Carolina; died 28 Nov 1868.
v. John B. Dry, born 24 Jul 1795, Concord, Cabarrus, North Carolina; married Elizabeth Catherine Barrier, 21 Mar 1820, Cabarrus County, North Carolina; died 20 Apr 1855, Mount Pleasant. Cabarrus County, North Carolina.
vi. Mathias Green Dry, born 8 Dec 1797, Cabarrus County, North Carolina; married Leah Barrier, 13 Mar 1820; married Christina Quilman, 24 Apr 1828; died 8 May 1874, Crenshaw County, Alabama.
vii. Sophia Dry, born 1 Jun 1801, Cabarrus County, North Carolina; married John Melchor, 13 Nov 1819; died 14 Dec 1867, Cabarrus County, North Carolina.
viii. Mary C. Dry, born 1 Sep 1804, Cabarrus County, North Carolina; married Moses Smith, 6 Nov 1821; died aft 1850.
 

Andrew died on April 9, 1828, in Concord, North Carolina, at the age of 66, and was buried in Saint Johns Evangelical Lutheran Church Cemetery; Concord, Cabarrus County, North Carolina. 

Andrew Dry is my 4th Great Grand Uncle.


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1. Find A Grave, Inc., Find A Grave, database and digital images, (http://www.findagrave.com : accessed 5 October 2015); Memorial page for Andrew Dry; (26 March 1762–9 April 1828); Find a Grave memorial # 21423466, Citing Saint Johns Evangelical Lutheran Church Cemetery; Concord, Cabarrus County, North Carolina, USA.
2. 1800 U S Census, Cabarrus County, North Carolina, population schedule, Salisbury, Cabarrus, North Carolina, Page: 708(stamped); Line 12, Household of Andrew Dry; digital images, Ancestry (www.ancestry.com : viewed 5 October 2015); citing National Archives Microfilm M32, Roll 29.
3. 1810 U S Census, Cabarrus County, North Carolina, population schedule, Cabarrus County, North Carolina, Page: 373; Line 33, Household of Andrew Dry; digital images, Ancestry (www.ancestry.com : viewed 5 October 2015); citing National Archives Microfilm M252, Roll 39.

Amanuensis Monday~The Last Will and Testament of Daniel Dry

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 Last Will and Testament of Daniel Dry, 1855.¹

State of North Carolina, Cabarrus County
                Be it remembered that heretofore, to wit, at a Court of Pleas and Quarter Sefsions began and held for the County of Cabarrus at the Court House in Concord on the third Monday in January A. D. 1855 and in the seventy-ninth year of our Independence.
                                Present the Worshipful}
                                L. B. Krimminger}
                                Wilson Blackwelder} Esquire
                                A. J. York}
When the following last Wills and Testaments were propounded for probate in open court the execution of each proven in due form of law ordered to probate and to be recorded and filed which said Last Wills and Testaments together with the certificates thereto appended are in these words and figures viz:
“This the last Will and Testament of Daniel Dry made this the 17th day of May in the year of our Lord one thousand eight hundred and fifty-one, I. Daniel Dry being of perfect memory and sound mind make this my last Will and testament in the name of God Amen!
In the first I will that at my death my body shall be decently buried and my spirit I recommend to my God who gave it and after paying funeral expenses and all my just debts that the balance of my effects shall be divided in the following manner to wit: viz:)
First: I will and bequeath unto my beloved wife Rachel Dry at my death my negro man named David and my negro woman named Tamer, and choice of any horse that I may have at my death,two milk cows  choice of the stock, four head of sheep, six head of hogs, all the household and kitchen furniture belonging to me at my death and also the plantation on which I live together with all the appurtenances thereunto belonging, except the house that my son, Solomon Dry now lives in and also that my son, Solomon Dry is to have the privilege of farming with his mother Rachel dry during her lifetime on said plantation, he my son finding one half of the seed wheat, oats, etc., then my said son is to have one half of the grain raised on said plantation. All the above property I will and bequeath unto my beloved wife Rachel Dry during her lifetime and at her death all the above property is to be sold and equally divided, between all my children, except the plantation which I will provide for otherwise in this will. I also will that my beloved wife shall be amply provided for for<sic> one year after my death with produce, etc., and one hundred dollars in money.
Second: I will and bequeath unto my son Moses Dry after the death of his mother Rachel Dry one hundred acres of land lying on the East side of Little Dutch Buffaloe Creek being apart of my plantation and to be laid off so as to run a direct line with the lane leading to Pecks’ place, provided that my said son Moses Dry pays one hundred dollars to the rest of my children in two years after the death of his mother.
Third: I will and bequeath unto my son Henry Dry after the death of his mother one hundred acres of land being a part of my plantation, to be laid off in the following manner viz: To begin at the road South of Moses Drys’ house at or near some white oaks so as to run a direct line with the middle fence between the bottom and the field next to Moses Dry's house; thence acrofs the creek through the old field near the old gate thence out through the hills so as to make on[e] hundred acres; provided that he pays the sum of two hundred dollars to the rest of my children in two years after the death of his mother.
Fourth: I give and bequeath unto my son Solomon Dry after the death of his mother Rachel Dry all the balance of my plantation, provided he the said Solomon Dry pays to the rest of my children the sum of five hundred dollars in two years after the death of his mother.
Fifth: I will and bequeath that all the balance of my property at my death shall be exposed to public sale to the highest bidder and that the proceed arising there from together with all the rest of my affects whether in money or notes shall be equally divided between all my children viz: Leah Tucker, Allison Dry, Paul Dry, Elizabeth Carriker, Moses Dry, Solomon Dry, Henry Dry, Catherine Isenhour, Mary Ann Beaver, Sarah Dry, and Sophia Dry.
Sixth and lastly: I appoint Allison Dry and Michael Isenhour my executors in and to this my last Will and Testament. Given from under my hand and seal day and yea above written.
Test:                                                                                          Daniel Dry {seal}              
David  McMeckion
Valentine Mauncy
                                                                                                                    
State of North Carolina}  Court of Pleas and Quarter Sefsions
Cabarrus County}    January Term 1955
                I, J. M. Scott, Clerk of the court of Pleas and Quarter Sefsions for the County of Cabarrus, do hereby certify that the execution of the foregoing last Will and testament of Daniel dry deceased was duly proven in open court by Valentine Mauncy one of the subscribing witnefses thereto upon oath whereupon it was ordered to be recorded and filed.
                                                                          J. M. Scott, Clerk


Daniel Monroe Dry was born 25 Mar 1790, a son of Andrew Dry and Mary Barbara Teem. He married Rachel Lipe on 5 January 1811 in Cabarrus County, North Carolina. Daniel and Rachel had 14 children; 8 daughters and 6 sons. 

Daniel Monroe Dry passed away on 23 October 1854 and was buried at Saint Stephens Lutheran Church Cemetery. His wife Rachel passed away 10 years later in November 1864 and was laid to rest beside her husband.  

Daniel Monroe Dry is my 1st Cousin 5 times removed.

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[1] Cabarrus County, North Carolina, Wills and Probate Records, 1665-1998, Daniel DRY; digital images, Ancestry, Ancestry.com (http://www.Ancestry.com: viewed 1 September 2016); Will Book 1, Pages 246, 247 and 248.