Andersons of Colonial N. Carolina

A commenter, Ellen, has alluded to one of those frustrating conundrums that drive us all nuts trying to figure out.  She referenced Sally’s site here:

http://www.sallysfamilyplace.com/MulberryGrove/browne2.htm

Another site I highly recommend is by Helen Sharpe… she mentions this John Brown deed and connects the Elizabeth Brown to a John Joyner (son of Bridgeman Joyner).  She has done a remarkable job sifting out the numerous  Joyners.

http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=sharpefamily&id=I3329

And I too have with struggled with that befuddling deed…  who the heck was that John Brown?

Mary Best Bell, Colonial Bertie County, NC, DB A-H, 1720-1757

Bell, C 167(160)  Susanah Brown, John Warren & wife Grace, Sylvester Brown and ____ to Elizabeth Joyner

Feb. 12, 1727/28. *. 256 A. “…love… for our sister Elizabeth Joyner…” Land formerly belonging to our father, John Brown dec’d.  Patent July 28, 1713.  On WS Chowan adj. J. Curlee, J. Smith.  Wit: Fincher Hayne, Charles Brown.  Court  *.  Thomas Crew D. C/C.

Sally and her friend have attempted to tie the deed to one John Brown, son of Edward Brown of Isle of Wight. I respectfully disagree… or not so much disagree as simply offer another theory…

Some thoughts on the deed itself… It does not say WHEN John Brown died; just that he was “deceased”. The deed is dated 1727/28, so John Brown could have lived until just prior to 1727.  My theory is that a John Brown(e) of Kingsale, 1639-1713? was the original owner of the property mentioned in the deed.  I think he had a son named John, also, who could be the father of the descendants mentioned in the deed.  The land may have simply devolved from father to son.  The major problem with the theory is that neither man left a death record.  Dontcha just hate that. (smiling)   My attempt at proving the theory is frustrating because all the key players are phantoms in the records.  But John Sr and his son? are in the records enough to provide some tantalizing “circumstantial” evidence. 

I think I have identified WHERE the property was… roughly.  That would be on or near Wiccacon Creek and the Chowan River.  I have a map here with some detailed notes…

https://andersonnc.wordpress.com/roanoke-r-to-chowan-1863-civil-war-map/

I am convinced, and I think beyond a reasonable doubt, that the John Brown I chronicle on the  map page above is the Indian Trader from Kingsale. Of course, the money question is whether or not he is the John Brown mentioned in the 1727 deed above?  I think he is and the later John is his son.  Below are some notes from my “Page” on Brown… It is difficult to follow even for me  (and I wrote the damn thing). 

Pay attention to the neighbors… particularly the James Curley and John Smith mentioned in the 1727 deed above. Most of these guys were cronies and Indian Traders.  Most gave testimonies in 1707 and in 1710 concerning the boundary dispute between VA and NC at the time.
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1713…John Browne  died intestate?

Not finding a plausible will for John Browne in IOW, Grimes or elsewhere, I assume he died intestate.  A possible event is succinctly noted by Hathaway:  ” John Browne dead.  April 7, 1713.”, p. 34, Vol. 1, The North Carolina historical and genealogical register.  This note was in his listing of wills prior to 1760 and gives no context but hints of a possible record somewhere, perhaps a court record.

Now I’m a bit frustrated…I have the Hofmann book in front of me which “should” have the Court Minutes of 1713 of which Hathaway quotes freely for much of his work (written 1900 if I remember correctly).  Unfortunately the Hofmann abstracts are missing the 1713 section… it has 1711 and begins anew at 1714.  DARNIT! either this section is misplaced or missing.  Hathaway also mentions that he quoted from the Secretary of State records but the NC Archives online does not mention a Brown will of 1713 that I can find.

A bit more speculation…

Thomas Joyner, Jr and Bridgeman Joyner each signed the petition for the pardon of William West in 1677 after Bacon’s Rebellion.  Whether or not they participated is open to debate.  John Rogers Sr was found guilty of carrying away property belonging to Mr. Robert Caufield “during the late horrid rebellion”, (Order Bk. 1671-90, p. 165), and on the same date John Rogers, Sr. was found guilty of seizing Arthur Allen’s house, etc. (p. 167, Boddie).  All these “horrid” accounts are written from the “winners” perspective of course… the “rebels” point of view would have been different I am sure.   This John Rogers appears to relocate from Surry County to Nansemond.  John Rogers (Sr or Jr?) is purported to marry Mary, the sister of Richard Booth who devises property to Rogers in 1681.  All of these gents are of the same generation.  Thomas Joyner Jr. and Bridgeman Joyner settle near the Kingsale Swamp area of IOW.  Another neighbor, Thomas Mann married Elizabeth, another sister of Richard Booth.  Also nearby, in Kingsale, is John Browne.  In 1690 Hodges Councell, “the younger” and Thomas Man Jr. patent 200 acres “beg. at a marked gum John Brown’s corner tree in Kingsale swamp”.  All of these folks were “confederates” if you will…   J.B. Boddie, in one of his Historical Southern Families volumes, attempts to connect this Brown with Bridgett Williams… I disagree.

Other researchers have attempted to tie John Joyner, son of Bridgeman Joyner, to a 2nd marriage to one Eizabeth Brown. I suggest that if there is a connection of an Elizabeth Brown she may have been a daughter of John Browne.  Bridgeman Joyner and John Browne lived very near each other in the area of Kingsale Swamp… this easily sets the stage for their children to meet and wed. This John Browne relocates to North Carolina about 1700 near Wiccacon Creek, along with Richard Booth and Booth’s nephew Thomas Mann, Jr.  With that being said, I have to further speculate that the Elizabeth Browne who marries John Joyner may need to be the daughter of John Browne Jr… and hence, the granddaughter of John Browne the Indian Trader.  Yeah, I know I’m tap dancing… but remember the deed has to be reconciled for all this to work…   This deed shows that John Joyner died around 1749 so it appears that Elizabeth Brown could well be the “granddaughter”… simply from an age point of view.  (John Browne Sr. dies 1713…Junior dies by 1727… daughter Elizabeth carries on to 1740s.)

IOW WB 5-187: John Joyner: Estate appraised by Henry Dawson, Joshua Dawson, James Turner. Signed Absalom Joyner R. 1 June 1749.

Feb. 12, 1727/28. *. 256 A. “…love… for our sister Elizabeth Joyner…” Land formerly belonging to our father, John Brown dec’d.  Patent July 28, 1713.  On WS Chowan adj. J. Curlee, J. Smith.  Wit: Fincher Hayne, Charles Brown.  Court  *.  Thomas Crew D. C/C.

This account by Boddie gets my attention… well actually it just confuses the hell out of me… or it is another John Brown that is muddying the water?

Historical Southern Families Vol. 1

Pg. 23 John Brown died in Surry Co. 1714, wife Eliza Brown 6-6-1714 left 1 son and 4 daughters as follows:

1. Sylvester Brantley Bertie Co. NC  (is this a typo?… is this a step-son?… is this a female?)

2 Hester Brantley, the will of Hester probated in 1727 in Surry Co. VA mentioned her daughters Priscilla and Elizabeth and her 2 sisters Eliza Joyner and Grace Warren. Appoints James Wilson and James Piland executors.

3 Eliza married to Nehemiah Joyner   (is this an Elizabeth Brown different from the one I am researching?… if so this can get VERY confusing!))

4 Grace married John Warren of Bertie Co. NC

5 Susannah Brown

There is a missing link here… I’m wondering if it may be a son John Jr that left this will in Surry County?   Or not?

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That account has caused speculation of a JOYNER connection to these deeds in North Carolina in 1727…

Mary Best Bell, Colonial Bertie County, NC, DB A-H, 1720-1757

Bell, C 167(160)  Susanah Brown, John Warren & wife Grace, Sylvester Brown and ____ to Elizabeth Joyner

Feb. 12, 1727/28. *. 256 A. “…love… for our sister Elizabeth Joyner…” Land formerly belonging to our father, John Brown dec’d.  Patent July 28, 1713.  On WS Chowan adj. J. Curlee, J. Smith.  Wit: Fincher Hayne, Charles Brown.  Court  *.  Thomas Crew D. C/C.

(I note that this does not state that their father died in 1713… it merely says the patent is dated 1713)

C 171  Susanna Brown & Sylvester Brown to William Evans  Nov 22, 1729.  5 pds  for 100 A.  On Horse swamp.  Adj. John Thomas, Lazarus Thomas.  Wit: Richard Williford, Mary Luden (Laden?).  Feb Court 1729.  Thomas Crew D. C/C.

and again in 1741…

F 344  Soloman Joyner of Edgecombe Co., & John Joyner & wife Elizabeth of Isle of Wight Co, Va. to Joseph Witherington of Surry Co, Va. Feb 7, 1741. 25 pds, for 256 A.  A Patent granted John Brown for 256 A. July 28, 1713 on “Bank of the River” adj. James Curlee, John Smyth  Wit: James Washington, Henry Crafford, Morning Crafford, John Sherard, William Plyant, John Fort (FOORT).  May Court 1742.  Thomas Crew C/C.

So the Elizabeth Joyner who received the Brown property by gift in 1727 was the wife of John Joyner… (of Isle of Wight in 1741).  And this is apparently the rationale that this Elizabeth was a “Brown”.  The property passed from Brown to Brown descendants since 1727… it seems logical.

all of which relates to this patent…

Margaret Hoffman, PROVINCE OF NORTH CAROLINA ABSTRACTS OF LAND PATENTS 1663-1729

3313  pg. 285  John Brown  date (not given)  256 acres on the W. side of Chowan River, joining the bank of ye river, James Courlee, and John Smith  Witnesses: (not given)

The half dozen patents before and after that one are in the date range of 1713-1716… so logic dictates that the date of July 28, 1713 is probably correct and was referenced in the later deeds… my problem with this is a “death” reference for “a” John Brown in 1713 (Hathawy).

” John Browne dead.  April 7, 1713.”, p. 34, Vol. 1, The North Carolina historical and genealogical register. If this is the same guy then the patent may have been issued after his death OR it was perhaps re-issued to a son of the same name.  My theory is that it was devised to a John Brown Junior.  And this is the John Brown that died sometime before 1727 and was the father of the Brown children who gifted the property to their sister Elizabeth who married John Joyner of Isle of Wight.

Now I haven’t exactly pulled this John Brown Junior out of thin air… I do have some proof:

3 Jun 1690…. John Browne, the Elder, to Richard Shewll…. 100 acres (being part of 600 acres) on Broadneck Swamp adjoining Wolf Pit Branch.

Wit: Edward (X) Floid, Henry Baker and Thomas (X) Wickins.

2 Dec 1692….   John Browne, Sr. appoints John Browne as his attorney in the difference with Capt. Hugh Campbell.

Wit: Daniel Leigh and Mary (X) Browne

Consider this deed of Susanna Brown & Sylvester Brown again from 1729… mention of Lazaris Thomas… note where he and they seem to be living:

C 171  Susanna Brown & Sylvester Brown to William Evans  Nov 22, 1729.  5 pds  for 100 A.  On Horse swamp.  Adj. John Thomas, Lazarus Thomas.  Wit: Richard Williford, Mary Luden (Laden?).  Feb Court 1729.  Thomas Crew D. C/C.     (How, pray tell did Sylvester Brantley of Boddie’s account above become this Sylvester BROWN?… my head hurts).

JAMES PEEK to JOHN WARREN, Aug 9 1727, 10 pds for 100 a. SS Chowan River, adj. LAURANCE MARTIN,LAZARUS THOMAS at Horse Swampe. Wit: John Beverley, John Sutton. November Court 1729, (Bertie Co Deed Book C p181)

JOHN EARLY to DAVID RYAN, heir of THOMAS RYAN, deceased. 1754, 350 a.. for discharge of a bond from John Early to Thomas Ryan land between JAMES WILKON’s line and the Holley Swamp at Horse Swamp” adj. ISAAC LEWIS, JAMES WILLIAMSON, LAZARUS THOMAS, WILLIAM WARREN to the Wiccacon Swamp. Wit: John Cricket, Thomas Kinsey, John Nichols Jr. Aug Court 1754 (Bertie Co Deed Book H p111)

Note that John Warren was in the 1727 deed with Susanna Brown and Sylvester Brown gifting the property to Elizabeth Joyner…

BK B PG. 112

1715 – Elinor Merrett/Meriet to William Nixon/Mixon (melton) 16 Apr 1715 p of atty to act in open Court 130 A for ye said William Merret unto James Peeke. Witnesses: Peter Evens, Rich Barfield.

Ellinor Merritt to Wm. Mixon. Power of Attorney to acknowledge deed to Rich’d Barefield for land sold by my husband Charles Merritt and Peter Evans to said Barefield, 280 acres on Deep Creek branch, Test. Wm. Mixon, Peter Evans.

Same to acknowledge deed to James Peake, of Boston, Executed by my husband Charles Merritt for 130 acres on south side of Chowan River, at ye mouth of Deep Branch; Apl. 16, 1715. Test, Peter Evans, Richard Barefield (NCHGR 138).

…from will of James Peake 1728…

“Item my will is that my executors hereafter mentioned do grant & give to

John Warren of the precinct a good and lawfull deed for one hundred acres of 

land that he now lives on he paying at his ens__ling the said deed Tenn

pounds currant mony of North Carolina not withstanding not withstanding

(sic) any thing that is before mentioned to the contrary.”

Charles Merrit was an old croney Indian Trader with John Brown and Richard Booth.

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 The whole perplexing account is here…

https://andersonnc.wordpress.com/john-browne-of-kingsale-1639-1713-indian-trader/