Andersons of Colonial N. Carolina

My friend David Gammon and I were ruminating about some property that a person had acquired and we could not find a source for where he had gotten it… David speculated he may have inherited it via primogeniture and there simply was no record. Then we further speculated he may have been assigned the property… all of which got me curious about the machinations of “assignment”. I looked around a bit but was disappointed… way too much legalese presented itself, much like an irksome rash. I thought of consulting my trusty sidekick Jennifer from California but rethought that because well…her mind has been “washed” by her having attended law school. Yes indeed, I figured, better not open that Pandora’d Box unless I have to.

So I consulted the calm and studied Traci the Librarian… she promptly responded with this:

“ASSIGNMENT – A transfer in writing of all or any part of an interest in property.” 

Helen F.M. Leary, editor, North Carolina Research: Genealogy and Local History, 2^nd edition (Raleigh, NC: North Carolina Genealogical Society, 1996), Appendix A, “Selected Terms and Abbreviations,”, p. 571.

Traci is a Certified Genealogist…therefore she slings footnotes around as if they were confetti at a parade… can’t help herself. But then, in her thoroughness, she just has to go that extra mile…

“ASSIGNMENT – A transfer or making over to another of the whole of any property, real or personal, in possession or in action, or of any estate or right therein…The transfer of the interest one has in lands and tenements…It includes transfers of all kinds of property, but is ordinarily limited to transfers of choses in action and to rights in or connected with property, as distinguished from the particular item of property…The transfer of interest one has in lands and tenements, more particularly applied to the unexpired residue of a term or estate for life or years…The distinction between an ‘assignment’ and a ‘sublease’ is that an assignment transfers the entire unexpired term…The deed by which the transfer is made.”  (Under this are many subtopics for more specific situation, such as “assignment for the benefit of creditors,” etc.)

Henry Campbell Black, Black’s Law Dictionary, rev. 4^th Ed. (St. Paul, MN: West Publishing, 1968), p. 153.

My understanding is that the 4^th edition was the last one that included historic terms – “Editions of Black’s Law Dictionary more recent than the Fourth are much less useful to genealogists than earlier ones. To make room for new material, more modern editions have dropped the very words the genealogist may need to interpret old documents–the archaic and obsolete terms that haven’t been used for a century or more.” Donn Devine, CG, CGI” https://www.familyrootspublishing.com/store/product_view.php?id=1743

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But as is my want, I simply could not resist running this by Jennifer from California… she replied surprisingly in agreement with Traci’s first inclination:

From a historical view, in the most simple explanation of use;

A transfer in writing of all or any part of an interest in property. Aha! I thought, there can be a simple answer!

But then and there she lost control and just HAD to opine …

Assignment

The first thing that came to mind (modernly) was in the context of Secured Transactions.

There are scholarly papers that address Secured Transactions in Colonial times (i.e. Harvard Law Review).

Interpreting the use of a word (Assignment) takes into consideration the time and place (jurisdiction) it was written and the context in which it was used.

Example; 1647, Upon her husband’s death, her estate was to be assigned to her by her husband’s heir or other person interested [records of Mass. 169-170 (1854).

Or, in the context of a Secured Transaction (Colonial)

A suit of debt may have been brought for the sole purpose of publishing a transaction or memorializing a transactional event. Property of 100 ac is sold by Marc to David. David promises to make a payment or payments on said property to Marc. Marc files suit against David stating David must pay him $100 on a certain future date (condition of the obligation) and when payment is made (or a final payment made) the said property will be deeded to David (David is likely living on said property during this time). Now Marc, who is in need of money to buy beaver skins from Traci, assigns to Traci the right to receive said future payment/payments.

This transaction is secured because Marc gave notice in a court of law of the debt.

The transfer of the interest

What is the interest being transferred? It may be the transfer of ownership to a particular property. Personal or Real. (PP personal property, RP real property). It may be the transfer of a debt.

Modernly

An obligation is a legal transaction in which parties bind themselves to either act or refrain from acting. An obligation is a legal relationship between two or more persons. An obligation exists when: (1) an obligor (debtor) owes a performance in favor of an obligee (creditor); and (2) the performance or duty is legally enforceable.

The obligee is entitled to judicial enforcement of the obligor’s duty to perform, and to recover damages if the obligor fails to perform

“ASSIGNMENT – A transfer in writing of all or any part of an interest in property.”

Note: this is where the law school comes out… old coots like me know weasel words when we hear them… no offense… again, she just kaint help herself…

Stated broadly, yes. But in the world of Contracts, the word “Legal” interest might be inserted.

I cannot legally assign my interest to Marc if I owe David money on the purchase of said property. I would need to secure the written permission from David.

‘Course if I run in to a problem with David… who do you think I’m gonna call?

_______________________________________

Shame on law schools! and damn them to hell! A perfectly good mind twisted and turned beyond all reasonableness. This is her Cliff Notes version… can you imagine if I cut her loose…

I’m kidding of course… this just goes to show the complexities that are involved. But in the sense that I was looking for, I think that an “assignment” in colonial times (which was very much English Common Law) can be viewed by way of an analogy to the title of a car. You sell Joe your car and sign over the title…he goes on a drunken binge, gets waylayed and thrown into jail for two years… he emerges from jail and needs a car… but! he must jump thru hoops and get the damn car “registered” by the state.

Similarly an assignment of property had to be recognized by a court to be further dealt with… my point being this can explain the delays seen in some property transactions. Joe may have been living on his property and all of a sudden (twenty years later, he runs in to court and registers the property).

I think this also explains the occasional “and written on the back of the deed” was shazam! an assignment.

It all depends on what the meaning of IS is…

Good Lord… I do go on incessantly… here is a recent example of what I am talking about with “assignments”… this patent was assigned “on the back of the patent” in 1695 (but it did not really “ripen” until 1735)… 40 years…

Now I am trying to figure out where the other half of the Scott patent went… I think it was perhaps assigned to Richard Barefield… now to prove it.

I figure I might try to redeem myself after my previous scathing Post concerning William Litlle. I think I have captured the gist of where Benjamin Hill lived west of the Chowan River…

This guy got rich and successful the old fashioned way… he earned it …(as the old TV commercial went). That is to say that one did not have to cheat widows, orphans, cripples and Indians out of their land. (Sorry, I could not pass up the dig).

Hill is in the center of the map… note the location on his property of “Hill’s Ferry”. According to Sally, that ferry was in continuous operation until 1940 when it finally washed away and was not rebuilt. (evidently there is a bridge there now…who’dathunkit). Just Google “Sally’s Family Place” for her interesting research on Hill (her clues helped with my map.)

____________________________________________________

This guy married a daughter of Hill… I will try to map him later…

Evidently a Progressive Democrat absconded with his wife and pissed off Mr. Hill…he sued the snake in the grass… this could be interesting to follow up…I know how some of you people are.

John Campbell

In 1743 John Campbell, a Captain in the British navy purchased 800 acres of land on the west side of the Chowan River near Webbs Ferry. This ferry operated across Chowan River to Bandon in Chowan County. The settlement grew and Campbell named it Colerain after his hometown in Ireland. Campbell brought seine fishing to America. His beautiful estate he named Lazy Hill.He became known as the “Merchant Prince of Lazy Hill.” Involved in fishing, farming, and shipping, he was responsible for shipment of Bertie County Clay to the factory at Bow in England for manufacture of pottery for export back to America. His brother there was a stockholder in that manufacturing. In 1740 he married Mary Hill, daughter of Benjamin Hill (one of the Northern faction who opposed Gov. Gabriel Johnston’s representation proposal). They had two sons, James and John; a daughter, Sarah, who married 1)Richard Brownrigg of Chowan 2)Capt. David Merideth.An epidemic of fever broke out all along the river settlements. Many of the people died, others discouraged, moved away or farther inland. John Campbell moved to Halifax County near Weldon.When his estate was sold it was listed as follows: “One tract of land known as “Lazy Hill” lying in Bertie County on the west side of Chowan River, containing 800 acres. It is a beautiful situation well watered, on its premises are a good dwelling house, kitchen store, warehouse, workhouse, barns milk and meat house, stables. Together with a good shad and herry fishery, a good apple and peach orchard and two vegetable gardens.”Campbell worshiped at St. Paul’s Church in Edenton. It is said he was a loyal patriot, devoted heart and soul to the American cause. Sanders rates him in ability to Joseph Hewes. He was known as the leading merchant of the province. He served and represented Bertie County in the General Assembly in 1744, 1745, also 1754- 1760; again 1769-1775. He served in four provincial Congresses at New Bern in 1744- 45; Hillsborough in 1775 and Halifax in 1776.Campbell was made famous (or infamous) for the sordid affair termed “The Bear and the Evil Genius,” published by Dr. Thomas Parramore, now professor Emeritus of Meridith College in Raleigh NC. It involved that era’s most widely publicized court case between John Campbell and a Dr. Lennox from Windsor, Bertie County who attempted to flee the country with John’s wife. The lawsuit was for Alienation of Affections (in the early 1700’s.) Dr. Lennox cross sued for Defamation of Character!John Campbell’s will (Will Bk C page 4) was written Apr 19, 1777 and probated in Bertie County, Feb Court 1781. This will mentions his wife, Mary; Grandsons, John Campbell, Thomas, John, Jane and Sarah Brownrigg (children of daughter Sarah); daughter Sarah [Brownrigg] Merideth ; also his brother, James, and sisters, Mary and Elizabeth. He gave Lazy Hill to his grandson, John Campbell (“son of my son James”)
Resource: Harry Thompson, HistorianJohn Johnston John Johnston was a member of the Colonial Assembly 1773, 1773-1774, 1775. He represented Bertie County in the 2nd Provincial Convention – New Bern, Apri 1775. He was also a member of the Provinical Congress 1775, April-May 1776, and Nov-Dec 1776. In 1788, 1789 represented Bertie Co in the Senate – voting for ratification. He was the brother of Samuel Johnston of Perquimans, who was the President of both Conventions. He became a citizen of Hertford Co. He died too young (1791) to attain the traditional prominence. He was of the same name as the nephew of Gov Johnston of Chowan and is often confused.His son, John Scrymoure Johnston, married Betsy Cotten, daughter of Godwin Cotton of Mulberry Grove (Hertford County) and resided near there. They had two children: Rev, Sam J. Johnston, DD for years rector of St. Pauls’ Edenton and Sallie Anne, who married James D. Wynns.

source:

https://www.ncgenweb.us/bertie/personhis.htm

The Boyt (numerous spellings) Boyett folks have asked me to look into their folks from Nansemond County. Folks somewhat familiar with my methodology realize that I come and go not dissimilar to a mental patient. Comments have distinct motivational jolts to my fragile neurons. What tantalizing tidbits are you folks interested in?

Use your Command key and +or- to enlarge or reduce the size after clicking. Control key for you Windows losers.(smiling)

Commenter David Boyett sent me a handy dandy link from the Library of Virginia featuring 18 instances of the mention of “Back Swamp” which I have dutifully consulted…

Keen observers of my rants might realize that I have somewhat covered this area… but my methods have improved a bit with time. Perhaps I am a bit more “accurate” now. Wishful thinking on my part… as always this is generally guesswork on my part and I always stand ready to be corrected with a rational alternative… facts are nice.

An accurate map of North and South Carolina, with their Indian frontier, shewing in a distinct manner all the mounta]ins, rivers, swamps, marshes, bays, creeks, harbours, sandbanks and soundings on the coasts; with the roads and Indian paths; as well as the boundary or provincial lines, the several townships, and other divisions of the land in both the provinces;

https://www.loc.gov/resource/g3900.ar139404/?r=0.133,-0.318,0.947,0.721,0

Quit Rents 1704 Nansemond

A Compleat List of the Rent Roll of the Land in Nansemond County In Anno
1704
source: The Planters of Colonial Virginia, by
Thomas J. Wertenbaker

  John Murdaugh                       300
  Jno Duke                            113
  Thomas Duke Jun                     930
  Edward Roberts                      250
  Paul Pender                         240
  Thomas Duke                         400
  James Fowler                        440
  Robert Baker                         50
  Isaac Sketto                        100
  Edward Sketto                       200
  Antho Gumms                          50
  Francis Sketto.                     100
  Wm Parker                           100
  Francis Parker                      170
  Thomas Parker                       300
  Jno Small                           100
  Moses Hall                           95
  Edward Beamond                      550
  Richard Parker                      514
  Capt James Jessey                   550
  Wm Sanders                          200
  Jno Sanders                         165
  Thomas Mansfield                     60
  Wm Woodley                          350
  Andrew Bourne                       200
  Gilbert Owen                        120
  Wm Sanders Jun                      165
  Capt John Speir                     500
  Capt James Reddick                  943
  James Griffin                       500
  Nicholas Stallings                  965
  John Stallings                      250
  Richard Stallings                   165
  Elias Stallings Jun                 250
  Joseph Baker                        740
  Wm Jones                            500
  Robert Roundtree                    245
  John Roundtree                      475
  George Spivey                       200
  James Spivey                        600
  James Knight                        300
  Jno Gorden                          330
  Edward Arnold                        80
  James Mulleny                       500
  Thomas Docton                       200
  Wm Britt                            400
  Nath Newby                          850
  Elias Stalling                      470
  Robert Lassiter                     850
  Patrick Wood                        200
  Wm Thompson                         133
  Jonathan Kitterell                  300
  Adam Rabey                          586
  Jno Powell                          758
  John Reddick                        300
  Henry Copeland                      150
  Thomas Davis                        250
  Jno Smith                           100
  Thomas Harrald                      652
  Richard Baker                        40
  Samuell Smith                       230
  Wm Hood                             200
  Thomas Roundtree                    350
  Henry Hill                          175
  Jno Larkhum                         500
  Wm Vann                             100
  Joseph Cooper                       267
  John Harris                         600
  Francis Copeland                    513
  Elizabeth Price                     150
  Wm Hill                             150
  Thomas Spivey                       200
  Jno Campbell                        400
  Jno Morley                          100
  Jos Rogers                           15
  Jno Cole                            814
  Thomas Harrald                      100
  Christopher Gawin Jun                20
  Daniell Horton                      200
  Wm Bruin                            300
  Peter Eason                         400
  Anne Pugh                          2300
  Benj Blanchard                      130
  Thomas Norfleet                     500
  John Odum                            50
  Thomas Gough                        150
  Hugh Gough                          150
  Epapap Boyne                        100
  Henry Baker                         375
  Christopher Gwin                   1010
  James Speirs                        200
  Epaphra Benton                      250
  Wm Eason                            180
  Andrew Brown                         25
  Wm Horne                            100
  Robert Reddick                      200
  Henry Hackley                       210
  Thomas Roberts                       30
  Abr Reddick                         400
  Jno Parker                          240
  Richard Barefield                   900
  John Benton                         660
  Jno Pipkin                          100
  Jos Brady                           250
  Christopher Dudley                  200
  Thomas Norris                       100
  Thomas Wiggins                      100
  Patrick Lawley                       50
  Robert Warren                       100
  Richard Odium                        50
  Thomas Davis                        340
  Thomas Barefield                    100
  John Eason                          150
  Jerimiah Arlin                      250
  Jno Perry                           870
  Jno Drury                            87
  Joseph Booth                        987
  Cresham Cofield                     350
  Richard Sumner                      600
  Edward Norfleet                     200
  Jno Norfleet                        600
  Edward Moore                        250
  Thomas Moore                        200
  James Lawry                          40
  James Daughtie                      400
  John Wallis                         150
  Richard Sanders Jun                 100
  Wm Byrd                             300
  James Howard                        700
  John Brinkley                       430
  Robert Horning                       80
  Wm Speirs                           200
  Sarah Exum                          150
  Jno Larrence                        175
  Nicholas Perry                      200
  Sampson Merridith                   400
  Coll Thomas Milner                 1484
  Joseph Merridith                    250
  Thomas Kinder                       160
  Henry King                          300
  Joseph Hine                         150
  Wm King                             140
  Julian King                         700
  Mich King                            80
  Capt Tho Godwin Jun                 697
  Henry Lawrence                      200
  Jno King                           1000
  Richard Hyne                        200
  Capt Francis Milner                 479
  Benj Nevill                         475
  Elizabeth Marler                     80
  Wm Keene                            200
  Jno Symmons                         678
  Hen: Johnson                        150
  Jno Darden                          500
  Wm Everett                          150
  Wm Pope                             890
  Joseph Worrell                      270
  Thomas Jemegan Jun                  135
  Richard Lawerence                   200
  Jonathan Robinson                   400
  Robert Yates                        150
  Thomas Odium                         20
  John Barefield                      300
  John Raules                         600
  Thomas Boyt                         400
  Thomas Vaughan                      200
  Jno Parker                          300
  Richard Green                       200
  Elizabeth Ballard                   300
  Samuell Watson                      200
  Francis Spight                      400
  Joseph Ballard                      200
  John Oxley                          100
  Benj Rogers                         600
  Robert Rogers                       300
  Henry Jerregan                      200
  Jno Hansell                         500
  Henry Jenkins                       400
  Capt William Hunter                 800
  Jno Moore                           200
  Richard Moore                       250
  Edward Homes                        300
  Fra Cambridge                       100
  Wm Ward                             200
  Jno Rice                            140
  Wm Battaile                         800
  Wm Spite                            500
  Abr Oadham                           20
  Jacob Oadam                          20
  Jno Lee                             100
  Wm Macklenny                        200
  Robert Coleman                     1400
  Jno Bryan                           200
  Wm Daughtree                        100
  Jno Copeland                        600
  Jno Butler                          200
  James Butler                         75
  Thomas Roads                         75
  Wm Collins                         1220
  Jno Hedgpath                        700
  Jno Holland                         700
  Robert Carr                         200
  Wm Waters                           600
  Robert Lawrence                     400
  Wm Bryon                            350
  Lewis Bryon                         400
  James Lawrence                      100
  Wm Gatlin                           100
  Joseph Gutchins                     250
  George Lawrence                     400
  Lewis Daughtree                     100
  Thomas Rogers                        50
  Jno Rogers                          200
  Henry Core                           50
  Edward Cobb                         100
  Richard Taylor                      300
  Robert Brewer                       200
  Wm Osburne                          200
  Thomas Biswell                      400
  Jno Gatlin                          200
  Richard Folk                        100
  Thomas Parker                       100
  Peter Parker                        140
  Wm Parker                           140
  Richard Hine Jun                    200
  Stephen Archer                      200
  Charles Roades                      800
  Henry Roades                        100
  James Collings                      300
  Henry Holland                       400
  Wm Kerle                            325
  Joseph Holland                      100
  Jno Thomas Jun                      100
  Jno Thomas                          275
  Thomas Mason                        350
  Edward Mason                        150
  Jno Sanders                         150
  Mich Brinkley                       200
  James Moore                         400
  Henry Blumpton                     1500
  Jno Symmons                         100
  Jeremiah Edmunds                     70
  John Gay                            200
  Philip Aylsberry                    100
  James Copeland                      390
  Jno Brothers                        460
  Richard Creech                      200
  Richard Bond                         90
  Thomas Handcock                      30
  James Knott                        1050
  Wm Edwards                          150
  Robert Elkes                        175
  Edward Price                        140
  Jane Belson                         100
  Wm Staples                          210
  Robert Mountgomery                  150
  John Moore                          100
  Capt Edmund Godwin                  800
  Thomas Wakefield                    150
  Godfrey Hunt                        360
  Henery Wilkinson                    250
  Nicholas Dixon                      200
  George Keeley                       650
  Richard Taylor                      300
  Anne Coefield                       300
  Joseph Hollyday                    1000
  Mr Jno Braisseur                    400
  Thomas Best                         160
  Alexander Campbell                  500
  Capt Charles Drury                  570
  Thomas Drury                         75
  Luke Shea                           650
  John Babb                           500
  Abraham Edwards                     400
  Richard Sanders                     500
  Antho Wallis                         80
  Daniell Sullivan                    100
  Joseph Ellis                        290
  Nicholas Hunter                     190
  Richard Webb                        200
  John Hare                           190
  Christopher Norfleet                400
  Jno Heslop                          148
  Francis Benton                      200
  Capt Wm Sumner                      275
  Elizabeth Syrte                     100
  Anne Hare                           600
  Jno Porter                          450
  Edward Welsh                        100
  Jno Winbourne                       400
  Paul Pender                         200
  Mich Cowling                        100
  John Cowling                        100
  Rowland Gwyn                         75
  Andrew Ross                         150
  Jno Ballard                         400
  Benjamin Montgomery                 910
  Thomas Corbell                      200
  Jno Yates                           400
  Jno White                           150
  George White                         50
  Jno Bond                            150
  Wm Hay                              100
  Henry Bowes                         600
  Wm Sevill                            85
  Jno Hambleton                       200
  Robert Jordan                       850
  James Howard                         25
  Ruth Coefield                       110
  Jno Chilcott                        100
  Jno Rutter                           80
  Thomas Rutter                        75
  Wm Rutter                            75
  Capt Barnaby Kerney                 460
  Thomas Cutchins                     150
  Robert Lawrence                     130
  Samuell Cahoone                     240
  Jno Iles                            220
  Thomas Sawyer                       180
  Wm Outland                          400
  Coll George Northworthy             650
  Coll Thomas Godwin                  810
  Caleb Taylor                        200
  Thomas Carnell                      320
  Richard Bradley                     250
  Jno Corbin                          300
  Wm Sykes                            150
  Major Thomas Jorden                 700
  Richard Lovegrove                   150
  Thomas Davis                        144
  Samuell Farmer                      160
  Henry Bradley                       500
  Jno Clarke                           25
  Margarett Jorden                    200
  Wm Elkes                            100
  Humphrey Mires                      150
  James Ward                          100
  Widdow Hudnell                       45
  Wm Grandberry                       300
  Israell Shepherd                    200
  Benj. Small                         100
  Anne Crandberry                      75
  Charles Roberts                      50
  Richard Sclator                     300
  Robert Murrow                       320
  Elizabeth Peters                    334
  Thomas Jones                        200
  Elizabeth Butler                    200
  Coll Samuell Bridger                500
  Jno Lawrence                        100
  Thomas Jarregan                     165
  Thomas Jarregan Jun                 600
  Wm Drury                             80
  Wm Butler                           120
  Henry Jenkins                       860
  Edward Bathurst                     250
  Thomas Houffler                     200
  Edward Streater                     200
  Wm Duffield                          50
  Charles Thomas Jun                   50
  Jno Blessington                     150
  Ursula Goodwin                      100
  Thomas Acwell                       440
  Wm Peale                            180
  John Lambkin                         50
  James Murphice                      160
  Robert Peale                        275
  John Peters                         368
  James Peters                        340
  John Wakefield                       50
  Richard Wynn                        890
  James Lockhart                      800
  John Keeton                        2000
                                   ------
                                   117024
  Jno Murrow                          200
                                   ------
                                   117224
  Added to make up equll            13850
    the last year list             ------
    which may be supposed          131074
    to be held by persons
    that have not made both

  Persons living out of the County and other that will not pay or give
    account. Viz:

  Capt Thomas Lovett
  Capt Jno Wright
  Fra Parker Jun
  Tho Martin
  Jno Wright
  Wm Lapiter
  Jno Lapiter
  Capt Luke Haffield
  Mrs Elizabeth Swann

  Errors excepted per me Henry Jenkins

No, seriously, a damn pond has me all in a mental turmoil… the question with myself is could a “particular” pond be 400 years old?  Bear with me – I’ll get to it.

Hugh Campbell… who the hell was this guy?  He shows up around 1685 or so? and starts buying up more damn property than Rush Limbaugh has sponsors on his radio show.

A nice guy… he gives away land in 3 counties for “schools”.   The counties were IOW, Nansemond and maybe “Norfolk” wherever that was “officially”? Say around 1700.

But back to the damn pond… later.

Several years ago I “mapped” Robert Pitts patent… and dutifully wrote all my words of wisdom about his doings and the aftermath of all his doings and his descendants.  Little did I realize that I was talking out of my ass. (for lack of a better terminology… I’m a ground to earth kind of guy).

This Hugh Campbell guy swoops in and buys ALL the land of Robert Pitt.  Coll Pitt was a hotshot from England with entangling alliances which leave his descendants all aquiver with “stuff” which is just plain fun genealogically.

But I draw maps.  I get distraught and upset when  some interloper comes in and messes up my damn maps.

Here… just look at the proof…

See that 1200 acres that the good Coll Pitt acquired?  I worked my ass off to figure out where that nifty little curved arrow DEFINED where this land actually was.  This patent, in my opinion, can be considered a first proof.  Go ahead… bring up an expert to refute me.  I dare you.

And now I confront this… Mr Campbell buys the said property.  What 1699? 98?… I don’t give a damn… he bought the whole damn property!  (45 YEARS later)

Look at it!

So every thing that you and I thought about this particular patent (‘land’ in common terms) is brought into QUESTION.  What we thought we know ain’t necessarily so. (Considering his descendants.)

The damn POND will be the proof of where Giles Driver and Ambrose Bennet had their land.

Like I stated…I’m a mapper… south of here is a pond I think is 400 years old which will tell the tale…

If I can do it…  I will map Ambrose Bennett, Giles Driver and Robert Bracewell… it all depends on the “pond”.  If my hunch is correct.

Oh…  here is the pond… use Google maps to find it…

My simple reason for thinking it may be 400+ years old is the feeder creek leading to it…   from Cypress Creek

Oh… and no one to my knowledge has ever been able to do what I am attempting here,,,  so I have that going for me…

My IOW map is “not ready for prime time” and I am still revising away.  But I just got this comment and have a few things to say…

In my research of the Jolly family I found a land grant in Bertie Co., NC issued to Thomas Goodson 150 acres south of the Maherrin River Dec. 1, 1727. ………”Beginning at a pine Thomas Boons corner tree standing in the Wild Cat Swamp……..” Thomas Goodson married Elizabeth Jolly who was the daughter of James Jolly of Isle of Wight Co., my 6th great grandfather. When Thomas Goodson died in 1761 he and his family lived in Tarboro, NC. His will stated that he left half of his lot No. 57 in Tarboro to his daughter Winne and the other half to his wife Elizabeth.

William Jolly of IOW just happens to be on my radar, along with some other folks. And they are all centered around The Pond.  The Pond is noted by the asterisk:

The base map is dated about 1920 or so… making those ponds at least 100 years old.

If I can “accurately place” Ambrose Bennet’s 1641 patent then all the other landowners will fall in place and I can merrily proceed with my mapping.  My ranting about Robert Pitt’s 1654 patent is another milestone.  Hugh Campbell purchased his land in 1698/9.  So that is accurate… the metes and bounds of his freshly minted patent 45 years later is verbatim .

Robert Coleman purchased 300 acres of Ambrose Bennet’s land in 1667… and you can see it represented above.  Coleman’s patent noted The Pond. Likewise with Hugh Campbell’s later purchase of the same land in 1699.  Likewise William Jolly’s patent mentions it in 1704.

A major difference to Campbell’s later patent can be seen (I have both patents shown on the map above).   And the difference is purchases which involved Giles Driver.  Hugh Campbell also purchased part of Giles Driver’s land.  Just as with a jig saw puzzle, I need to have those “anchor points” to connect the other pieces.

So these are the hoops I am jumping through to sort out the map.  Good Grief.  But a good thing about all these mysteries is the tantalizing revelations which are revealed… as to my commenter, just look at William Jolly and his neighbors after 1700. Note Mary Jolly (Corne Swamp) and the earlier John Jolly.  Good clues…

A little blip on my map… a slight reference that perhaps may juice up some research into some Isle of Wight folks.  And like… Oh, I don’t know… stir up some comments.

The patent of the 2 sons of Thomas Harris above is “washed out” and cannot be read on the Library of Virginia website… bummer.  The abstract was made by Nugent in 1938 or so and was readable obviously.  My interest is in any metes and bounds that may have been noted, which leaves me in a lurch to plot the damn patent.  In any event… I am pretty sure my map is “close”.

The John Bond reference is that his property adjoined Nicholas Cobb.  And that area is interesting…  and once more I defer to some research of Matt Harris:

http://files.usgwarchives.net/va/isleofwight/deeds/harris12.txt

ISLE OF WIGHT COUNTY, VA - DEEDS - John BOND to Thomas HARRIS
                                   13 Jan 1664
                                   Deed of Bargain & Sale 

                                   Thomas HARRIS & wife Alice
                                   to John BOND
                                   20 Oct 1664
                                   Assignment of Patents

                                   Thomas HARRIS & wife Alice 
                                   to Giles DRYVER [DRIVER]
                                   2 May-1 Nov 1667
                                   Deeds of Lease & Release
                        ----¤¤¤----

[p.] 38 [...] 

Know all men by these p'sents 
that I John BOND of the Isle of Wight County in Virginia hath bargained sould 
and delivered unto Thomas HARRIS of the afores'd County 
One Corne mill standing att the head of the Pagan Creek in the said County of 
the Isle of Wight as shee now goeth w.th all such Materialls or thereunto 
belongeth [altered from "belonging"] with free priviledge to take what Tymber 
the said HARRIS shall have Occasion to use for the necessary repair of the 
said Mill worke or Fludgates with free passage to & from the said Mill soe as 
not any damage or hindrance may happen thereby unto the said BOND his Heires 
Executo.rs or Assignes, which Mill I hence disclayme as wholly belonging to 
him the said HARRIS his Heires Executo.rs Adm.rs or Assignes for ever with 
warranty from any Claymes to be made there, unto the said Mill, by me my 
Heires or Executo.rs, 
as Witness my hand [altered from "hands"] this 13.th day of January 1663 
[1663/4] and seal 
Witt's                                            John BOND 
Henry KING 
Alce  W  PHILLIPS 
   her m'ke 

     Acknowledged and delivered by Majo.r John BOND unto Thomas HARRIS in Open 
     Court this First day of May 1665 
                                            Test  Jn.o JENNIGS  Cler Cur 
   Record.d First May 1665 
[page end] 


[p.] 39 

Know all men by these p'sents, 
That I Thomas HARRIS of the Isle of Wight County in Virginia Planter, and 
Alice my Wife doe for us o.r Heires Executo.rs & Administrato.rs make over 
bargaine, sell & alientate, unto Maj.r John BOND of the same County gen.t 
his Heires Executo.rs or Assignes, 
One hundred & Ninety Acres of Land Comprized in two severall Pattents 
scituated lyeing & being att y.e head of the Pagan Creek in the aforesaid 
County (vizt) 
one pattent being in y.e name of John VASSER Conteyning One hundred & Fifty 
Acres of Land & bearing date the Eighteenth day of November 1635 and in the 
Eleaventh year of the reigne of o.r Soveraigne Lord King Charles the first, 
[VASLER, PB1:310] 
and the other Pattent conteyning forty acres, of Land and taken in the name of 
the said Thomas HARRIS, bearing date y.e Fourteenth day of August 1652 
[PB3:205; renewed 6 Jun 1664, PB5:273] 
the said hundred & Ninety Acres of Land, to have and to; ['hold' omitted] 
accordeing to y.e bounds expressed in each Pattent, 
with all the cleared grounds, houseings Fences & Orchards all Priveledges & 
Royaltyes whatsoever thereunto belongeth unto him the said John BOND his 
Heires Executo.rs or Assignes for ever, with Generall Warranty against the 
Claymes Tytles or Molestaçons of any P/son or Persons whatsoever, to any P/te 
or P/cell thereof; 
for all which Wee the aboves'd Thomas and Alce [sic] doe acknowledge o.r 
selves fully paid and sattisfied before the sealing & delivery hereof 
And for A full and absolute Confirmaçon To all and singular intents and 
purposes, doe Oblidge o.r selves to acknowledge this Our volluntary Act & 
Deed, att the next Court to hould in the Isle of Wight County, 
Witness our hands Seales, This Twentieth day of October 1664 
                                                           ~ 
Signed Sealed & delivered                         Thomas HARRIS 
 In the P'sence of                                    Sigill 
   Henry KING                                     Alce  +  HARRIS 
   Alce  ~~  PHILLIPS                                 Sigill 
      her marke                                      her marke [¼'d circle] 

               This Conveyance is delivered and acknowledged Unto Maj.r John 
               BOND in Open Co.rt by M.r Thomas HARRIS and Alce his Wife 
               y.e 1.st day of May 1665 
                                           Teste  Jn.o JENINGS Cler Cur 
                         Record primo die Maÿ 
                                    1665 
[page end] 


[p] 116 

Know all men by these p'sents that I John BOND of the Isle of Wight County in 
Virginia hath bargained sould & delivered unto Thomas HARRIS of the aforesaid 
County, One Cornemill standing att the head of the Pagan Creek in the same 
County of the Isle of Wight as shee now goeth with all such materialls as 
thereunto belongeth, with free priveledge to take what Timber the said HARRIS 
shall have occasion for to use for the necessary repair of the said Mill work 
or Floodgates with free passage to & from the said Mill soe as not any damage 
or hindreance may happen thereby unto ye said BOND his heires Ex.rs or 
Assignes which Mill I doe disclayme as wholly belonging to him the said HARRIS 
his Heires Ex.rs Adm.rs or Assignes for ever, with Warrantie from any Claymes 
to be made thereunto the said Mill by me my Heires or Ex.rs as witness my hand 
the 13th day of Jan.ry 1663 
                                            John BOND  Sigill 
Wit 
Henry KING 
Alce PHILLIPS  W  her m'ke 

     Acknowledged & delivered by Major John BOND unto Thomas HARRIS in Open 
     Co.rt this first day of may 1665 And then Recorded 
                                            Test  Jn.o JENNIGS  Cler Cur 

These p'sents witness that I Thomas HARRIS of ye Isle of Wight County for a 
valluable Consideraçon in hand rec'ed doe Assigne & make over unto M.r Giles 
DRYVER of the said County his Heires Ex.rs Adm.rs and Assignes all my Right 
Title Clayme & interest to the Bill of Sale within menc'oned for A Mill with 
all its priveledges and appert'ences, whatsoever therein expressed with 
Warranty against all Claymes whatsoever as alsoe ag.t any Clayme or P'tence of 
Clayme now or hereafter to be made by me ye sd Thomas HARRIS my Heires or 
Adm.rs or any Person or Persons whatsoever by us or any of Our precurem.ts 
In witness hereof I have hereunto sett my hand & seal this 2.d day of May in 
the year of Lord 1667 
                                            Tho: HARRIS  Sigill 
Signed Sealed & d'd in ye P'sence of 
Nich HILL 
Josep RUDD  J  m'ke 

     This Mill w.th in mençoned to be delivered w.th its appert'ences to M.r 
     DRYVER or his Assignes ye 5.th day of 9.br [November] next & untill y.t 
     tyme ye whole P'fitts to be ye use And behoofe of M.r Tho: HARRIS or 
     Assignes  In witness hereof I have hereunto sett my hand & seal this 
     2.d day of May in 
     the year of Lord 1667 
                                            Tho HARRIS  Sigill 
Witt 
Nich HILL 
Joseph RUDD  J  m'ke 
[page break] 


[p] 117 

Know that I Thomas HARRIS and Alce my Wife doe by these P'sents Assigne make 
over possess and deliver unto M.r Giles DRYVER the Mill with all the 
appertences thereunto belonging to him his Heires Ex.rs Adm.rs and Assignes 
for ever, w.th warranty of the Just Sale thereof from us or either of us our 
heires Executo.rs Adm.rs or Assignes or any other Persons whatsoever in this 
Sale mençoned And doe oblidge o.r selves to Acknowledge this our Act in the 
Open Court of Isle of Wight County the 9.th day of this p'sent month 
Witness our hands the first day of November 1667 
                                            Tho: HARRIS 
                                            Alce HARRIS 
                                             +  m'ke [¼'d circle] 
Signed & deliv'ed in p'sents of us 
John BOND 
John HARDY 

     Acknowledged & Confirmed this Sale of the Mill by M.r Thomas HARRIS and 
     Alce his Wife unto M.r Giles DRYVER in ye Open Co.rt held for the Isle of 
     Wight County the 9.th day of December 1667 And then recorded 
                                            Test  Jn.o JENNINGS  Cler.Cur 

[Thomas' wife Alice (his 2d) may have been a WEST; she 2m. John SOJOURNER. 
 John BOND is thought to have 3m. Dorothy HARRIS BAKER, Thomas' sister and 
 widow of John BAKER.] 

Isle of Wight Co., VA, Record of Wills, Deeds, Etc., Vol. 1 (1662-1715), 
pp. 38-39, 116-17 
The Library of Virginia, Isle of Wight Co. Microfilm Reel 22 
abstracted by Matt HARRIS [surname capitalization, line breaks & brackets mine]

see also 
Virginia Land Office, Patent Book 1 (1623-1643), p. 310 
The Library of Virginia, Virginia Land Office Patent and Grant Database, 
     Image 001_0312.tif 
Virginia Land Office, Patent Book 3 (1652-1655), p. 205 
     Image 002_0634.tif 
Virginia Land Office, Patent Book 5 (1661-1666), p. 273 
     Image 005_0290.tif 


___________________________________________________________________

	Copyright.  All rights reserved.
	http://www.usgwarchives.net/copyright.htm

	This file was contributed for use in the USGenWeb Archives 
	by:  Matthew W. Harris	   Zoobug64@aol.com
___________________________________________________________________

https://beta.groups.yahoo.com/neo/groups/crispincousins/conversations/messages/1325

ISLE OF WIGHT COUNTY, VA - DEEDS - John HARRIS & Thomas HARRIS, bros.
                                   26 Mar 1711
				   Deed of Covenant
                        ----¤¤¤----

[p.] (181) 

[...Deed, Richard (RP) PUGH to John GILL, rec. 26 Mar 1711; 
 wits: A.r SMITH, John HOLE, John (I) SURBY....] 

[margin note] HARRIS  Deed to Each other 

This Indenture of Covenant made Concluded & agreed by & between Jn.o HARRIS of 
the Upper Parish of Isle of Wight County of the one part & Thomas HARRIS of 
the Said parish & County of the other part 
Witnesseth That for & in Consideraç'on y.e the afores.d Jn.o & Thomas at this 
time stand Seiz'd & possessed of & in one certaine parcell or tract of land 
cont:ne three hund:d & Sixty five acres as by patent dated the 2d: of Aprill 
1685 granted under the hand of the Lord Howard EFFINGHAM may appear 
Scituate in the head of Sewards Creek in the 
                                       parish 
[page break] 


[p.] (182) 

Parish afores.d 
And forasmuch as the said Jn.o & Thomas not only willing to Maintaine & 
preserve that brotherly love betwixt them, that now is on their owne behalf 
but Ever hereafter to themselves and posterity & to prevent all law Suites 
troubles and Imcumbrances between them & their heirs according to the Devise & 
desire of their Said father as by his Will Expressed 
[10 Jun 1672, Isle of Wight Co. Record of Wills, Deeds, Etc., Vol. 2, p. 111] 
two hund.d & fifty acres of the P'cel of land formerly belonging to their Said 
father 
the other one hund:d & fifteen Twice Surveyd & taken up by the Said Jn.o & 
Thomas & afterwards Joyned & included in y.e aboves.d patent according to its 
bounds, 
do acknowledge y.t [that] they the Said Jn.o & Thomas have made a deviding 
line of & in the s.d land w.ch s.d Devision according to the bounds hereafter 
Specified & Set downe in this Indenture shall be a Mutuall Established line 
and be taken to be their bounds in the Division of the above patent of land to 
them and their heirs for Ever  That is to Say 
begining at a m'ked pohiccory standing near the Outside line 
& so along aline of marked trees to Some low ground 
and thrô the low ground along aline of m'ked trees to a branch Called the dry 
bridge branch 
& so along the Same lime of trees downe the Valley to the head of a Spring 
then along the water Courses to the Creek 
the land on the North Side the Said line to be and remaine to the Said Jn.o 
HARRIS & his heires for Ever 
And y.e land on the South Side the Said line to be & remaine to y.e Said 
Thomas & his heires for Ever w.th this Exception that the Rents accruing & 
becomeing due from Thomas DAVIS & his wife who now lives o part of the land on 
the South Side the line the one half the s.d rent to be and Enure to the 
proper use & behoof of the said John & his heires and after the Said Davise's 
decease to be & remaine w.th the whole land & appurtena's on the South Side 
y.e Said lines to the Said Thomas to him & his heires &c 
In Witness of the aboves.d Articles the above Said Jn.o & Thomas HARRIS do 
Interchangeably set their hands & Seales Dated this 26.th day of March 1711.
                                       John HARRIS      ¤Seal¤ 
                                       Thomas HARRIS    ¤Seal¤ 
Signed Seal'd & Deliver'd 
   in the presence of us 
Test  Will BRIDGER 
      John SCOTT 
                   ~ At a Court held for the Isle of 
                   Wight County the 26.th day of March 1711. 
Joh HARRIS & Thomas HARRIS Came into Court presented & acknowledged this their 
Deed Each to other and it admitted to record - 
                                       Test  H. LIGHTFOOT  C.l C.ur 


[page continues 
 Ralph HILL & Nicholas HILL appoint Mr. Joseph CHAPMAN to acknowledge a deed 
 dated 25 Dec 1710 to Mr. Benjamin CHAPMAN. (Power of Attorney)] 
[page end] 

[There is no extant patent matching the description above (250a, 2 Apr 1685). 
 Thomas HARRIS (Sr.) pat. 240a. adj. Mathew TOMLIN, 27 Mar 1686 (PB7:510-11).] 

Isle of Wight Co., VA, Record of Wills, Deeds, Etc., Vol. 2 (1661-1719), 
pp. 181-82 
The Library of Virginia, Isle of Wight Co. Microfilm Reel 23 
abstracted by Matt HARRIS [surname capitalization, line breaks & brackets mine]

___________________________________________________________________

	Copyright.  All rights reserved.
	http://www.usgwarchives.net/copyright.htm

	This file was contributed for use in the USGenWeb Archives 
	by:  Matthew W. Harris	   Zoobug64@aol.com
___________________________________________________________________

I’m like a little kid when I find a “proof”… I’m rushing this map… I “should” wait until I develop it some more.

To hell with that.

The facts speak for themselves…   click several times to enlarge…

Here is the background…

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

This is why I am strutting around like a rooster… the hunches, the theory, and the facts align just like ….  well…. a map!

This was my conundrum… grabbed from the link above…

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 it may have been a daughter, or more likely a granddaughter, of John Browne.  This John Browne relocates to North Carolina about 1700 near Wiccacon Creek, along with Richard Booth and Booth’s nephew Thomas Mann, Jr.

This account by Boddie gets my attention… well actually it just confuses the hell out of me… Boddie made a lot of helpful notes but DAMN! sometimes he was just WRONG!

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:    (Not the Browne I chronicle)

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?   (Nope)

—————-

That account has caused speculation of a JOYNER connection to these deeds in North Carolina in 1727… (this is where I begin to differ with Boddie)

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)

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. The references below are in Isle of Wight where John Browne and son previously lived:

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.

The property above is not on my map yet… 

______________________________________________________

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…

Charles Merrit was an old croney Indian Trader with John Brown and Richard Booth. After Booth moved to North Carolina Charles Merritt located near by… (see Deep Creek on the map above). The merchant, James Peake sold a chunk of land to John Warren (also at Deep Creek).

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.”

_______________________________________________________________________

Now for the icing on the cake…

http://docsouth.unc.edu/csr/index.html/document/csr02-0132#p2-264

Minutes of the General Court of North Carolina
North Carolina. General Court
August 02, 1716

——————– page 264 ——————–
Wee the body of the Grand Jury for Albemarle County in the Province of North Carolina do present Charity Brown for that she hath a Bastard Child at the House of Mr Thoss Rogers in this Precinct of Chowan

(I have no idea who “Charity” belonged to)

Also in Currytuck Precinct one Edwd Boune leaving a wife in Virginia and keeps a whore in this Governmt by which it very plain appears that She hath severall Bastards by him the sd Boune.

Also one Susanah Brown living at Petty Shore hath two Bastards

(BINGO!  this little lady may be the straw to break the brick wall)

Information of Capt Jno Worley also who keeps in his house the wife of Jno Hawkins she having severall children Contrary to Law.

JOSph SANDERSON
Adjourned to the Court in Course

C. GALE Ch: Just:

——————-

I found another specific reference to her in Hofmann’s Chowan Precinct…1696-1723, pg 218.  This record is the minutes of Chowan Court July 1715.  This is 2 years after I “suppose” John Brown Sr died. (But per the later records she would fit as a granddaughter and not a daughter)

“Whereas Susannah Brown (?), by her Oath on ye Holy Evangelist, Declared that John M—— is father to a bastard Child born to her, it is Ordered that the Marshall have the bodys of the sd. M—— and the sd. Susannah Brown at the next Court”.

(3 “M” neighbors nearby were Mann, Mayner (Maner Manear) and Merritt… the abstractor left 6 “dashes” because she did not feel confident of the letters to make a judgement… when I do abstracts I try to make the “dashes” relate to the letters I cannot read……. just sayin’)

Which begs the question… is this the same Susannah Brown 12 years later… and still not married?  (deed referred to above)

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 have no idea who this “Charles Brown” is… )

____________________________________________

Case closed.

See here for some of the “historic” background of some of these Indian Traders… (and some of my stumbling and fumbling)…

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

…

update++++++++++++++++++++++++++++++++++++++++++++++++++++

I found this partial list of landowners of Chowan “Precinct”… written in 1720…

There are four references to “Petty Shore”.  When John Browne obtained his patent in 1713, the adjoining property was listed as “James Curlee”.  By this 1720 patent list it seems George Wyn(n) may have obtained  property nearby.  Another reference is a “Edmund Wiggans” which also ties to the patent (adjoining).  The Stephen Williams mentioned is a son of Lewis Williams … his property was nearby.  The other Abraham Bullet fella I have no idea who he was. (update:  this fella is Abraham Blewlet… his patent was for 640ac in 1714… his land appears to be between James Curlee and Lewis Williams). see my ongoing map below…

https://andersonnc.wordpress.com/old-chowan-precinct-map/

While searching around for clues I find this…

Papers of Wynn at East Carolina University

https://digital.lib.ecu.edu/special/ead/findingaids/0691-002

Papers (1800-1961) of Hertford County, NC, family, consisting of correspondence, legal documents, financial papers, estate papers, account books, ledgers and time books, and miscellany, including records of Petty Shore Fishery and the family cotton business.

“During 1863 and 1864, several letters were received from Wynns’ Uncle James Dean Wynns, telling of the elder Wynns’ ill health and reporting that Yankee troops had taken all of his clothes, leaving him destitute and in great need of assistance. Other Civil War-era correspondence includes several leaves of absence granted to Wynns (most allowing him to attend the North Carolina State Legislature sessions,) a statement of receipt of supplies and money given to Wynns, an official letter from Adjutant General Daniel(?) Fowle authorizing Wynns to enlist another 250 or more mounted infantry troops, a few letters discussing issues related to age limits of the enlisted and some general orders. Other topics of particular interest in the correspondence include activities at Petty Shores Fishery…”

So I think it safe to assume the Petty Shore property stayed in the hands of WYNN heirs…  A WYNN daughter seems to have married a Peter Evans.  A son or brother of Peter Evans was one Robert Evans…

July 10, 1715 Chowan Prect. At a court in the house of HENRY KING.

“Tredle KEEF and JOHN MAINER being attached (?) of a Breach of trust reposed in him by the Publick, it is ordered that the Marshall take ye sd. Keef and Mainer into Custody until they give bond to appear at ye Next Generall Court and that ROBERT EVANS on PETTY SHORE AND THOMAS BROWN (?) and JAMES RUTTLAND be Summoned Evidences on behalf of the Soverign Lord the King.

Deed Book B #1 Chowan Co. Abstract by Hofmann, pg. 217

John Mainer (Manner, etc) also had property adjoining John Browne.

I propose that the above mentioned Thomas Brown is the son of John Browne (Indian Trader).  Thomas Brown died about 1718 or 19.

_______________________________________________

Update…

I think the guy below is James Brown Jr… son of the Indian Trader.  I will place his property on my old Chowan Precinct map as time permits.

As usual with these Browns, the sale is undated.  So again we are left guessing.  But a clue is left as low hanging fruit to easily grab…  “John Brown, of Bertie…”

History. The county was formed as Bertie Precinct in 1722 from the part of Chowan Precinct of Albemarle County lying west of the Chowan River. It was named for James Bertie, his brother Henry Bertie, or perhaps both, each having been one of the Lords Proprietors of Carolina.

So logic dictates he died sometime after 1722 and before 1728 (when his children sold the Petty Shore property noted below).

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.

Another reference for John Brown in Bertie in 1722:

http://files.usgwarchives.net/nc/bertie/deeds/cattle.txt

Since he sold the 286 acres near the Nansemond, VA state line… where was he living?  He is noted as “of Bertie” and the Petty Shore property ceased to be of Chowan and became Bertie County in 1722.  When I map his property near Nansemond you will note he had an adjoining neighbor named Benjamin Rogers.  The Brown and Rogers associations are not easily ignored.  My hunch is there were intermarriages.

From the 1716 deposition…

“Wee the body of the Grand Jury for Albemarle County in the Province of North Carolina do present Charity Brown for that she hath a Bastard Child at the House of Mr Thoss Rogers in this Precinct of Chowan”     (Note that I am not accusing Thomas Rogers of knocking the girl up… he may have simply been a friend or relative looking after her welfare).

This map is pretty accurate if I have correctly identified Beech Swamp… note that the John Brown patent was issued 1719 (6 years after I think Browne Sr died).  My theory is Thomas and John Brown Jr were brothers. Thomas died about 1719 in what was then Bertie County, NC. (Thomas also had a son named John but I do not think this is him).  Refer to the land gift/sale transactions to understand my theory that John Brown JR removed from this area to the Petty Shore, NC property.

The yellow patents were issued in Virginia.  White patents were issued in NC.  This map is obviously incomplete… the southerly patents are temporarily placed…

To re-hash a bit… (refer to the Petty Shore map top of post)

Hathaway listed the death of “a” John Browne in 1713…

This reference is who I think his widow was:

Deed Bk W #1, Chowan Co., NC, Hofmann

#321 pg. 154 BRIDGETT BROWN of Chowan Prect. to ISAAC LEWIS of ye Co. of Albemarle, my well beloved Son  15 July 1713  Letter of Attorney to prosecute to Judgement any person I, the sd. BRIDGETT BROWN, shall at this time or from time to time bring action against and likewise to Defend any action brought against me   Wit.  TREDDELL KEEFE, MARY LEWIS m her mark  Reg. (not given)

Since John Browne Sr apparently died intestate (any records missing)… then we can ponder that Bridgett Brown probably was living on the “widow’s third” of the property.  I presume that John Browne JR may or may not be living on the Petty Shore property with the widow.  He possibly was living near the Virginia border where he later patented land in 1719.  In any event she chose here son to act as her attorney in settling her affairs.  He seems to be living within walking distance.

Note carefully the neighbors of this deed of her son Isaac Lewis in 1717… he was quite close if not adjoining to the Browne SR property. (I have not been able to place the deed on my map because it has no metes and bounds and I have to plot the surrounding deeds to isolate Isaac Lewis’ land. Also noted in the deed is Jacob Lewis as close by. (another son by my speculation).

Several points that I think are obvious…

• John Browne JR was from a previous marriage… hence the widow was more comfortable in 1713 with her own son Isaac as her attorney… OR John Browne JR was not living close by
• Bridgett Lewis had multiple children (her maiden name unknown)… my hunch is her age was similar to John Browne SR
• At the death of Bridgett Browne the Petty Shore property became fully owned by John Browne JR
• At the death of John Browne JR (prior to 1728) the property devolved to his children

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.

A comment left lately…

I am looking for more information on John and William Jolly of Isle of Wight. John died 1687 and William was his son. William had a grant in 1705 but wondering if he went to NC. Can’t find William’s family anywhere.

So… I’ll take a stab at this…

The John Jolly d.1687 may well have been a servant imported earlier… I found a deed with that name listed and at this time it is quite likely that the headrights were legit.  As William Jolly requested Administration on the “intestate” the odds are he was related and “likely” his son. (Obviously it would be helpful to see the 1687 documents and not an abstract).

Pertaining to the 1705 grant…

The original grant was to Hugh Campbell (1699) who let the patent lapse and hence it fell into the hands of William Jolly.  This land was a mile or two southwest of the town of Smithfield in IOW. Before Campbell dabbled in the land it was granted to Robert Coleman in 1667. See my map here:

All of the below references to “Newport Parish” below are firmly in Isle of Wight… and distinctly support where the JOLLY property “roughly” was. (My opinion is that Newport Parish extended from the Surry County border to the IOW/Nansemond line and even further west to the Mehering River in present day Southampton County… all of which gets “iffy” at that point)

Just from a few deeds I’ve found on the web, William Jolly had acquired well over a thousand acres…but to cut to the chase… if his father died in 1687 it is my hunch that the son would die in a 20-30 year period after that. 1687 +25 =1712.  He may well have died intestate and left no will.  And if he was invested with considerable land in IOW… why would he move?

IOW Deed Book 7, Hopkins

(pg 17) 21 Feb 1744…. Edward Ballard and wife, Ann Ballard, of Newport Parish to John Wills, Gent., of the same… 150 acres in Newport Parish (being part of a patent formerly granted to Hugh Campbell who assigned it to William Jolly and “by several descents came to John Jolly” who sold the land to said Edward Ballard… (snip)

As Ross Perot would say… “I see a pattern here”.

I did a quick check on Familysearch.org (Virginia Records) and found basically NOTHING for a William Jolly after his 1705 grant… hence I suspect he died in the 17teens perhaps (or earlier).  However, in 1710 or so a James Jolly was present in Newport Parish:

I got lazy and made these images a little small… just use Cntr + to enlarge them…sorry.

Note in the Ballard 1744 deed above  “by several descents came to John Jolly”. So my guess is that James Jolly was the son of William Jolly. (Or a descendant one way or another).

Forward to about 1739 and we have a Newport Parish “processioning” record noting a John Jolly… my hunch is that by referring to the other people referenced in this record you may be able to tag this property to the general area of IOW where William Jolly was settled.

And to nail this down with a little proof and some handy-dandy DATES…

IOW Deed Bk 12, Hopkins

(p. 515) 27 Apr 1772…. John Jolly and wife, Elizabeth Jolly, to Andrew Mackie…-?- acres in Newport Parish (being land that descended by the will of James Jolly, decd., dated 28 Feb 1726 to James Jolly and then to the said John Jolly) adjoining Robert Driver…(snip)…

So James Jolly d.1726… and in 1772 John Jolly was still living… (he and his wife signed the deed)…

This is what I see…

The Immigrant died 1687…William d.17teens unknown… son James d.1726…son James d. unknown… son John d. after 1772.

And the story continues here (Chancery Records Index, Library of Virginia):

http://www.lva.virginia.gov/chancery/default.asp#res

Search under “Isle of Wight” and simply use the search term “jolly”…
Index Number: 1806-002view details »
Locality: ISLE OF WIGHT CO
Plaintiff(s) Defendant(s)
DIXON PINNER & WIFE ETC
JOSIAH GRAY & WIFE

Index Number: 1810-001view details »
Locality: ISLE OF WIGHT CO
Plaintiff(s) Defendant(s)
INFANT(S) OF HENRY JAMAICA BY ETC
JOHN JOLLY & WIFE

Index Number: 1816-002view details »
Locality: ISLE OF WIGHT CO
Plaintiff(s) Defendant(s)
JOHN JOLLY
EMILY EVERETT
SALLEY WILLS EVERETT

Good luck with your research…

Marc

====================================

So it seems the Jollys of Isle of Wight above just do the “family thing” for numerous generations… which does not discount the idea that one may have

cut out for North Carolina. But lets let that dog lie without kicking it.

========================================

My commenter offers this theory about a Peter Jolly who has a presence in NC:

“Let me start with this, Gooch’s American Regiment was made up of men from NC, MD, NY, PA, and VA. They were raised to fight in he War of Jenkin’s Ear. Robert Jenkins, master of the Rebecca, had his ship seized by pirates in the Caribbean in 1731. Jenkins accusd his captors of cutting off one of his ears. Seven years later the story of Jenkins’ ear tipped the scales and Great Britain declared war on Spain. The regiment existed Between 29 Dec 1739 and 25 Dec 1742. Most of the recruiting was done in 1740.

The NY troops left for the Caribbean on 3 Oct 1740 and were joined at Sandy Hook by troops from East Jersey and New England. On 12 Oct the armada sailed for the VA Capes to rendezous with the troops from PA, MD<, and VA ut they had already sailed and made Port Royal, Jamaica ahead of the main convoy. The NC troops were delayed and did not arrive until March 1741.

I have the record from the Muster Book of His Majesty’s Ship Boyne for March 1740 to April 1741 which shows a Peter Jolley alive and well who was discharged Apr 1741 in camp most likely in the Caribbean and I also have the muster log from the same ship for May and June 1741 that shows Peter Jolly deceased 11 May 1741 at sea. This Peter Jolly/ey was born abt 1709. He had 3 sons I know of John, James, and Peter. Peter my 4 x great grandfather was born 1740 and died 1803 in Pitt Co., NC (his son Jesse born 1790 was my 3x great grandfather), . James stayed in Edgecombe Co. most likely on the land his mother was on until her death (no record on her death). The land James stayed on ended up in the newly formed Nash Co., and he died in Nash Co. in 1796. James was born abt 1735.

I have “a true inventory of all goods and credits of Peter Joyle (Jolly) decd” signed by his widow Rachell Jolly with her mark in 1742 from Edgecombe Co. Court.. Is it definitive, maybe-maybe not, but the time line ties in pretty good. I have found no records around that time for Peter Jolly in any of the other colonies except for a Peter Jolly in Norfolk Co. born abt 1706 who died in 1730 and his son Peter who, according to the book written by William Joliffe in 1893, went to NC about 1738 and then further south. The Jolleys in Norfolk Co. also went by the name Jolliffe from the time they settled there about 1653. There are probates that ue the name Jolley but the majoirty of it is Jolliffe.

Seeing as how I couldn’t find any other Peter Jollys besides the one in Edgecombe Co. then it seems true that the Peter Jolly who died aboard that ship is the Peter Jolly who received the land grants in Edgecombe Co. in 1741 from King George.

any way, that is about it. No problem. I believe in proof too. That is why I have not definitively said Peter 1709 came from Isle of Wight Co. because I do not have a positive indication.

Jerry”

I like a good theory… I do a lot of “speculating” myself.  Lo’ and behold a James Jolly fell over dead in NC in 1670…

Alt a Generall Court, held ye 27 September, 1670, at ye house of

Sam’l Davis, for ye county of Albemarle, in ye Province of Caro-

lina. Present, the Honorable Peter Carteret, Esq., Governor and

Commander-in-Chief. Left, C>1. John Jenkins, Mr. John Harudy,

Mr. Oliver Rithd. Foster, Mr. Francis Godfrey, Mr. John Willoughby,

Capt. Thomas Cullen.

Jno. Harudy, acco. to Mr. Howard, Mr. Nixon, petition to have or-

der of administration, on ye estate of James Jolly. Ordered yt ad-

ministration be granted by putting in security.

https://archive.org/details/northcarolinahi00hathgoog

And Jolly researchers will enjoy this… it seems he hailed from Maryland and may have been in NC as an Indian Trader.  And to make another point- it tears me away from the idea that these early settlers were hell bent to stay in one area. On the contrary, some were prone to move about. And lets not forget that there was considerable trade going on at the time from not only Maryland but other Colonies to the north.

I simply don’t have the time to do justice to researching the Maryland records… but here is an interesting synopsis:

http://colonialencounters.org/Databases/HistoricalDataResults.aspx?SITEABBREV=&OCCUPANTID=90

It seems that he had a son William??? Who knows if this line ended or carried on?

The Cashie River area was a hot spot for early trade… and traders.  Here is another James Jolly in 1748…

Bertie COUNTY NC Deeds – Cashie Swamp (north – north east side)

Aug 16, 1748 THOMAS RYAN to WILLIAM WILSON 160 AC on NORTH SIDE of

CASHIE AT POPULAR BRANCH Wit: John Nicholas, Thomas Holder, James Jolly.

DBK F, p.195

—————————————————

Backing up a bit to 1738… here is a Peter Jolly…

Bertie County, NC…court minutes…1724-1739…Haun

At a Ct. held…Febry 1738..

224-115
…”Peter JOLLY to John JONES ackd. 40/.”

225
“Wm. PIERCE Const. in ye Room of Jos. JOLLEY”

And this is the time span that has Jerry so worked up with his theory. Peter Jolly was undoubtedly in Bertie County at that time (and it is quite possible the area was Cashie River???).  In 1741 a Peter Jolly received a patent in Edgecombe County for 250 acres.

http://docsouth.unc.edu/csr/index.html/document/csr04-0171

But then, we cannot find any records of him settling the property.  Did he die on the ship?  Are there any militia muster rolls for Bertie around 1738-1740? There are for Edgecombe in the 1750s.

I think it is generally assumed that the only men of that name in Edgecombe County from 1756 or so until the 1830s or so was George Sr b. 1756 and his son George Jr b. 1798.  I have always assumed they remained on their properties near Walnut Creek until they packed up and moved to Henderson County, Tenn. about 1837… evidently not.

Either the father or the son George was in business as a storekeeper in the town of Halifax at least by 1824.  The only other culprit by the name of George to reasonably be in Halifax was a grandson of Peter Anderson d. 1801. But he was b.1812 and hence would only be 12 years old in 1824.

So… unless someone can counter my assumption… I take the following to be my ancestor…

DRAT!… I proved myself wrong.  There is a George Anderson in Halifax in 1820… he could easily be a son of either the James or William in 1810.  I was suspicious of this guy because I cannot believe ANY of my clan can carry a tune.   I’ll just leave my ramblings in place without editing and bear the embarassment.    The guy WAS a Mason tho’ if that helps anyone else….. (smiling).

Scattered throughout the Tarboro newspaper accounts are “Lists of Letters” which sit idle in the Post Office which must perturb the postmaster… George evidently did not care much for mail as he is constantly cited… but this one caught my eye because this is in the town of Halifax in 1824…

And then this…

Sept 12, 1824… The business drops a partner (Henry Mason) and re-emerge a few days later as Anderson and Loudon… next door to the Bank. Note the byline is Halifax.

Henry Mason is still a mystery to me.. here he is in 1825 trying to collect from the dead beat Governor (from the Govs papers)…    not sure if he collected?

http://dc.lib.unc.edu/cdm/singleitem/collection/ead/id/97690

H. G. (Hutchins Gordon) Burton was a United States representative (1819-1824) from and governor (1824-1827) of North Carolina. The collection includes family, political, and business papers of Burton, including letters pertaining chiefly to North Carolina and national politics, including the 1824 presidential election, economic conditions, and horse racing.

Robert Loudon was a Mason… more of interest because he was of the Royal White Hart Lodge #2 of Halifax…

Royal White Hart was established 1767 and is the second oldest lodge in NC. A colorful history is online…….. But this caught my interest…

So George was also a Mason, which does not surprise me… one of the extant tombstones in Henderson, Tenn has a Masonic emblem prominently displayed.

My hunch is that this is George Anderson Jr. If so, the old boy could sing… which does surprise me.

And the old boy kept his ties to Edgecombe County… here he is in a Grand Jury, 1834, voicing a few concerns and trashing a Senator they did not agree with one whit, thank you.

All fun stuff to research… and all new to me. An old family account from 1959 has some Andersons apparently living near Scotland Neck which has always perplexed me… perhaps this can lead to some new revelations?

May 13, 1959 (Hugh B. Johnston article)

WILLIAM ANDERSON

(This traditional account of William Anderson, 1732-1789, was written by Mrs. A.C. Davis of Rocky Mount.)

William Anderson…came to Edgecombe about 1732…by old records a Scotsman who did not want to fight England, along with more Scotch in the county, his son James having a store at Tarborough when it was only a ferry and warehouse to collect Quit Rents for the Lords Proprietors or Earl Granville.

His sons and daughters wed mostly in a near-by section and his old home is, I feel sure, where I was brought home a month-old baby to the old home of my grandfather, as his holdings reached from the north side of Tar River.

…But 12 children caused some of them not to have much land and to go back where they probably came from, on the Halifax line where many more Andersons probably lived.

Two wives, and he does not say that the first died, gave him 12 children (last wife is also “Uncle Sam” Davis great-great aunt). My great-grandmother Evalina Anderson was said to be the child of one who lived Scotland Neck, and Nathan Guilford Worsley was of the Worsleys near the head of Conetoe Creek. They came to live where her grandfather William Anderson had probably early in the 1700’s built on Cokey Road high on a red hill top, where oaks and sycamores grew; his house had a great room, smaller room, two shed-rooms, an attic upstairs, basement, small coluned front porch at the chimney (not there now) in slavery times, log kitchen some distance away, and a small back porch used as a dining room on occasion.

Boxwoods in the vegetable garden walk and crepe myrtles among oaks, it was typical of a Scotch Highlander and his descendants, even to those old phlox, of sweet smell, in the vegetable garden as I knew it as a child, for I had this very house as my first home, father living with old Aunts Worsley, sisters of my grandmother, about five miles out from Rocky Mount beyond West Edgecombe School, and it has been in continuous possession of Anderson descendants. Grandmother Lizzina Worsley Bullock was born there, and it was on the Old Stage Coach Road (Cokey) before anyone had even thought of a war with England, when this home of Andersons was built.

These Andersons…were strong Old Side Baptists who believed in predestination, as most Highland Scotch did, and many left Scotland for North Ireland and America for their Campbellistic belief, but still did not want to fight England. Many of my kin were stingy and thrifty as Scotch and just as eccentric. Possibly I am wrong about it, even his house. It has taken me seventy-six years to study out the origin of this place, my first home, and I expect some will say I am just day dreaming…as to just who once lived on that hill.

I had told the Aunt whom I last visited, Mrs. Frank Bullock that it was at least 150 years old. Now I am sure I underestimated it by fifty years. The basement was filled in by my Uncle Frank’s family, the front porch made longer after 1912 and a kitchen built on, but for many years it was as first built, 150 years ago at least, and might even be 250 years now from my memory of it.

My friend David Gammon has weighed in with some thoughts.  He is from the area and is a wealth of genealogy trivia that never ceases to amaze me.

I just re-read this. I think you can read it two ways. As usual, there is a grain of truth in it, but it got distorted with the passage of time. I am pulling out the facts as she presents them, and I can’t resist an editorial comment or two:

1. Evelina Anderson was the granddaughter of the 1789 William Anderson.
2. The father of Evelina Anderson was from near Scotland Neck.
3. 1789 William was born in 1732, and came to America from Scotland that same year because he did not want to fight England. (Now that’s one hell of a baby.)
4. Some of the children of 1789 William did not inherit much, so they went back to near the Halifax County line where they had lived before. (what happened to the Scotland story?)
5. Other Andersons lived up near the Halifax County line.

At first hearing, this seems to be the ramblings of a very old woman, who remembers some things she heard, and has confused some others. The part about Evelina forward I believe – it’s the earlier part that I don’t believe.

Here’s what we can prove that seems to relate:

1. Evelina Anderson was daughter of Charlotte Anderson, who can be proved to be a sibling of Old Man Micajah Anderson, Josiah Anderson, and Elizabeth Anderson Pittman. If there were other siblings, then they died without issue prior to Josiah in the late 1860s, and were thus not heirs to his estate. The census indicates Charlotte Anderson never married, so Evelina was illegitimate. And we know that she was not the granddaughter of 1789 William – most likely a great-granddaughter, however.

2. Old Man Micajah (Evelina’s uncle) did indeed live over near Scotland Neck for a while. In his autobiography, he states that he and his first wife Nancy lived first on the Avington farm. This is a misspelling of Abbington. The Abbington farms were in Halifax County near the Cow Haul Swamp, south of Scotland Neck. Likewise, Elizabeth Anderson Pittman lived in that area. But we cannot prove that Josiah or Charlotte ever lived in that area. So the part about Scotland Neck is true, but for a different person. An example of a true fact getting twisted with time. One might theorize that Micajah, who was perhaps the oldest child, married Nancy and his sister Elizabeth moved with them to the Abbington farm. Josiah and Charlotte may have stayed behind, with other relatives. I am presuming the parents had already died.

3. Old Man Micajah eventually moved to Township 5 (Lower Fishing Creek) in Edgecombe, which, as the crow flies, was not far from the Abbington farm where he started out his married life. The farm where he eventually lived was about three miles or so south of the Halifax County line. There were no other Andersons in this part of the world. So I presume this tale was indeed based in some truth but got distorted with time.

4. The red hill top was on Cokey Road, according to this account. Cokey Road still exists, and is Highway 43, coming southwest out of Rocky Mount heading towards West Edgecombe School. The land in that area is mostly flat, but occasionally there is a slight hill.

Here are a few things worth exploring, however:

1. The heirs of Charlotte Anderson, which appear to be ONLY the children of Evelina Anderson Worsley.
3. The identity of “Uncle Sam Davis,” who the author says was great-great-nephew of the second wife of 1789 William Anderson. May not pan out – but worth exploring. The author is a Mrs. Davis – so he must be on her husband’s side of the family.

DG

———————

Could it be that George Anderson moved near Scotland Neck and is the genesis of her “fuzzy” recollections?

But here he is “apparently”  near the Walnut Creek area in 1834 (Battle had property adjoining both Georges’). In debt in 1834 and leaves in 1837… still unanswered questions.

The George Anderson property in Edgecombe County…

https://andersonnc.wordpress.com/george-anderson-b-1756-edgecombe-property/

Revolutionary War account… George Jr. states his father made it to Henderson County, Tenn and dies August, 1837…

Click to access s46684.pdf

My head hurts…. I think I have reached my limit….  I am running out of hair to pull out.

Joani Taylor and I are trying to unravel the spaghetti pile of Pitt folks in IOW… she is focused on her guy James Pitt who wanders down to Edgecombe County, NC about 1797 or so and dies…

a little background…

Joseph Godwin d. c1760

1) Matthew Godwin

a) Joseph Godwin

b) James Godwin

2) James Godwin

a) James Godwin

b) Joseph Godwin

3) Jonathan Godwin

a) Jonathan Godwin

b) Samuel Godwin

4) Patience Godwin m. James Pitt

a) Joseph Pitt

5) Martha Milner

6) Thomas Godwin

7) Samuel Godwin

8) Elizabeth Smith

WILL OF JOSEPH GODWIN OF ISLE OF WIGHT, VA

In the name of God Amen I Joseph Godwin of the County of Isle of Wight being

very sick and weak but in my perfect sensce and memory do ordain this my last

Will and Testament as followeth ~

I give unto my two Grandsons Joseph & James Godwin Sons of my Son Matthew two

hundred acres of land that I bought of Thomas Underwood joining the Old

Plantation and bounded by a line of marked trees and known by the name of the

Cyprus Pocosin and Ten Pounds Cash apeace to be paid unto them when they come

of age by my hereafter mentioned Exors and if either of them should die

before they come of age then their part to go to the other ~

I give unto my Grandson James Godwin son of my son James half of the crop of

corn now upon the ground & two younf heffers I give unto my Grandson Joseph

Godwin son of my son James Two Young Heffers and five pounds cash which money

I desire may be paid out of my stock ~

I give unto my Grandson Joseph Pitt forty Shillings cash to be paid unto him

immediately after this my will is proved and one young heffer ~

I give unto my two grandsons Jonathan and Samuel Godwin sons of my son

Jonathan my negro girl called Pegg to be equally divided between them ~

I give unto my daughter Patience Pitt fifty pound the money that (last ??)

was valued to ?? ~

I give unto my daughter Martha Milner two cows and one younf heffer ~

I give unto my son Thomas Godwin one bed and furnioture and my wearing

clothes ~

I give unto my son Samuel Godwin my negro man Saul ~

I leave my negro Pink to be sold and Ten Pounds of the money to be given to

my son Jonathan Godwin ~

I give unto my daughter Elizabeth Smith five pound cash to be raised out of

my stock ~

I give unto my daughter Martha Milner ten pound if so much left after my

other legacies is paid~

And all the rest of my estate to be disposed of at the descretion of my

hereafter mentioned executor among my grandchildren after my just debts is

paid ~

And I do appoint and ordain my Son in Law James Pitt my Whole & Sole Executor

of this my Last Will & Testament in Witness hereof I have hereunto set my

Hand and fix my Seal this 17th day of November 1757 ~

Joseph Godwin (S S)

Sealed & Signed in presence of us]

Thomas Godwin

Samuel Bridger

James Godwin

~~~~~~~~~~~~~~~~~

At a Court held for Isle of Wight County January 1st 1761 ~

The Last Will and Testament of Joseph Godwin Deced was presented in Court by

James Pitt the Executor therein named who made oath thereto and being proved

by the Oath of Thomas Godwin and Samuel Bridger two of the witnesses thereto

is ordered to be recorded ~

Test Richard Baker Cl

—————-

Got it?   Simple enough…. James married Patience…              Nope… lots of controversy….

PATIENCE GODWIN

source:

http://wc.rootsweb.ancestry.com/cgi-bin/igm.cgi?op=GET&db=bfulgham&id=I18789

Chapman’s Isle of Wight County Marriages records the marriage of John Pitt and ……(Prob. Patience) Godwin, sister of Thomas Godwin, in 1748. This date is not considered accurate based on John Pitt’s death date of 1748 and the fact that he and Patience had six children. The will of Joseph Godwin, father of Patience and Thomas, and grandfather of Joseph Pitt, appears to add credibility to the assumed marriage of John Pitt and Patience Godwin

Chapman’s Isle of Wight County Marriages records the marriage of James Pitt and Patience Godwon, daiughter of Joseph Godwin, in 1757. Patience’s first husband, John Pitt, had died in 1748. Her father, Joseph Godwin. lists James Pitt as son-in-law in his will of 1757. Although Patience and John Pitt had six children, it is unclear if Patience and James Pitt had any children.

I think I can figure out the problem above…  a John Pitt marries a daughter/sister, (whatever) “Patience” of Thomas Godwin…  and a James Pitt marries a daughter “Patience” of Joseph Godwin………..    simple.

from Sallys Place  (she seems to agree with me)

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

Children of Col. Thomas Godwin II died 1714 and Martha Bridger:

1. Col. Thomas Godwin III ca 1680 – 1734/40

married Mary Godwin his first cousin

2. Joseph Godwin ca 1680/5 – 1761 Isle of Wight Co will

Burgess for Isle of Wight 1714, 1723; high sheriff and of the court in1719,  1720

names grandsons , Joseph, Jonathan.

a. Samuel Godwin bef 1717 –

b. Elizabeth Godwin bef 1717 –

c. Matthew Godwin

i. Joseph Godwin

ii. James Godwin

d. Thomas Godwin

e. Jonathan Godwin ca 1710 – 1769

i. Samuel Godwin

ii. Jonathan Godwin

f. Patience Godwin

            married James Pitt

               James Pitt married 2nd Mrs. Mary Rand Smith

g. James Godwin 1715/20 – 1750

married Elizabeth

i. James Godwin

ii. Joseph Godwin

married 2nd Mary Moscrop

dau of Thomas Moscrop and wife Susanna will 1745 Isle of Wight

h. William Godwin

 I have “smoking gun” proof that one James Pitt did in fact marry Mary Rand Smith…

https://andersonnc.wordpress.com/pitt-_iow-to-edgecombe/

But there is a John Pitt that dies in 1748 and another in 1760… my head is starting to throb….

The will of John Pitt dated Nov 17 1748 named legatees: son John; son Edmond; daughter Elizabeth; daughter Mary; daughter Lidia; son Joseph. Executors: brother Joseph Pitt and brother-in-law Thomas Godwin. Witnesses: Charles Fulgham, Joseph Bridger, Jr., & John House. Recorded March 9 1748.

I’m guessing the sister of Thomas Godwin was named Patience?  But then again, she evidently has died by the time of the 1748 will… she is not mentioned. (So Chapman was correct in her abstract where she said   “______ Godwin married John Pitt, sister of Thomas Godwin.”   I have no idea what her name was.)

Pitt, John – will dated 6 Dec 1760 recorded 5 Mar 1761. A suit now depending for 500 acres that Captain John Monro died in possession of to be continued for my son; wife Priscilla; son John; daughters Elizabeth and Priscilla; son William Pitt. Witness William Casey, Elizabeth Cutchins and Samuel Cutchins Jr. [7:61]

And now the lawsuits start….

Isle of Wight Co., VA, Order Book 1772-1780, p. 216

abstracted by Matt HARRIS [brackets, line breaks & surname capitalization mine]

[p] 216

[At a court held for Isle of Wight Co. 5 Nov 1773]

Put in the County of Isle of Wight of the demise of John PITTS ~

This day came as well the Plaintif by his Attorney as Jonathan GODWIN who

was admitted defendant in this Suit in the Room of the said Nicholas WAIL, by

their Attorney, and thereupon also came a Jury, to wit, Joseph FULLGHAM,

Richard WILLIAMS, Nathan WHITLEY, William HODSDEN, Henry PITT [would this Henry Pitt be on this “Jury” if he was “related” John Pitt?], Joseph

ATKINSON, Robert DRIVER, Thomas CUTCHIN, Thomas PARKER, John SMELLY, Aaron

SPIVEY and William BELL, who being elected tryed and Sworn the truth to speake

upon the Issue Joined upon their Oath do say that the defendant is Guilty in

manner and form as in the declaration against him is alledged, and they do

assess the Plaintifs damages by occasion thereof to one penny besides his

Costs, Therefore it is considered that the Plaintif Recover against the

defendant his term yet to come of and in the premmises together with his

damages aforesaid in form aforesaid assessed and his Costs by him about his

Suit in this behalf expended and the said defendant may be taken &.c ~

[margin note] Costs 256 Cs Gross Tob.o & 30/ or 300 D Tob.o ~

———————————————–

William DAVIS………………..Plt.}

against                         }  In Debt upon a bond by consent of the

}  parties without a Suit

Nathaniel BURWELL……………Deft.}

This [‘day’] came as well the plaintif by his Attorney as the defendant

in his proper person and the said defendant acknowledgeth to owe to the

Plaintif the sum of fifty four pounds the debt in the said bond mentioned,

Therefore It is considered by the Court that the plaintif Recover against the

defendant the said fifty four pounds and his Costs by him about his Suit in

this behalf expended and the said defendant in Mercy &.c  But this Judgement

is to be discharged by the payment of twenty seven pounds with Interest for

the same to be computed after the Rate of five Per Centum Per Annum from 25.th

day of October 1773 ’till payment and the Costs ~

[margin note] Costs 61 Cs Gross Tob.o & 15/ or 150 D Tob.o ~

———————————————–

Present  Arthur SMITH & Daniel HERRING Junior Gent.

———————————————–

Absent  Brewer GODWIN Gent. ~

———————————————–

A writing purporting the last Will and Testament of Ann FULLGHAM deceased

being produced and Read and heard on the depositions taken and Returned and

the validity thereof strongly contested, It is the opinion of the Court that

the said Writing is the true last will and Testament of the said of the said

Ann FULLGHAM as to such personal Estate as she died seised of, and it is

Ordered to be Recorded ~

———————————————–

John PITT by Joseph CUTCHIN his Guardian}

and next friend…………………….}….Plt.}

against                                     }  In Detinue

Thomas CAMPBELL………………………..Deft.}

This day came as well the Plaintif by his Attorney as the defendant by

his attorney and thereupon the case agreed in this Cause in lieu of a special

Verdict being Solemnly argued, it seems to the Court upon the whole matter

that the law is for the Plaintif ~

[page break]

And here is the lawsuit that makes my head hurt…  because “I think” this John Pitt mentions a brother “James”… which could be Joani’s guy… but then again, She burned the damn will!

http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1790-008

There are 17 pages in the link…                  click on these images below a couple times to enlarge…

“…That a few days after the death of Jno Pitt she heard Elizabeth / now Mitchell sister of the said Pitt ask Priscilla Cutchings her mother for the said Will who went to the desk & took the said Will & read it to the said Elizabeth, & that she the said Elizabeth read it herself at the same time _ that the said Elizabeth then informed this deponent that her brother John Pitt had given all the land & everything else away from her which she did not believe until she had seen it herself _ a few days after this _ the said Elizabeth confessed (crossed out) told this deponent in a conversation that she would endeavor to destroy the said Will…”

My question is…

James Pitt married Patience Godwin… did they have any children?

And… is there any proof he remarried to Mary Rand Smith? Any children?
——————

After reading the account… it seems this John Pitt, writing his will in 1780, did NOT refer to a “brother” James. His accounting is “my brother(s) James and Joseph Cuchings”. Apparently his only heir being his sister Elizabeth.

The scam evidently fooled her husband until his death at about the same time…

Will and Administrations of Isle of Wight County Virginia 1647-1800
RICHARD WEST
13Jan1781
1Mar1781
To brother RALPH, horse which was taken into public service by Capt. WILLIAM SPILLER; dau PRISCILLA PITT WEST; wife ELIZABETH, estate she inherited from her brother, JOHN PITT; son JOHN PITT WEST.
Exec: brother RALPH WEST, also the guardian to dau PRISCILLA PITT WEST.
Wits: JOHN SCARSBROOK WILLS, JOSIAH CUTCHIN, JAMES CASEY.
Security: THOMAS KING, JAMES WILLS.

She then remarried James Mitchell… she apparently was left nothing in both wills… after the sparks settled down.
————–
If you start putting all these jigsaw pieces together a picture begins to emerge…

From the 1773 lawsuit, Joseph Cutchin is acting on behalf of an underage John Pit.  Joseph Cutchin married his mother Priscilla Pitt …

Pitt, John – will dated 6 Dec 1760 recorded 5 Mar 1761. A suit now depending for 500 acres that Captain John Monro died in possession of to be continued for my son; wife Priscilla; son John; daughters Elizabeth and Priscilla; son William Pitt. Witness William Casey, Elizabeth Cutchins and Samuel Cutchins Jr. [7:61]

John Pitt d.1760 was the father of John Pitt d.1780.

—————-

I slammed Joani with a challenge… What proof is there that John Pitt d 1748 is the father of John d1760? 

She comes back with a record of 2 slave’s names…. not bad…. remember that my proof for the death of Jame’s brother Henry was a “ring”… c’mon folks we are grasping at straws.

At a court held for Isle of Wight County March 9th 1748. The last Will and Testament of John Pitt deceased was presented in Court by Joseph Pitt one of the Executors therein named who made oath thereto and being proved by the Oath of Charles Fulgham and Joseph Bridger Junior two of the witnesses thereto is ordered to be recorded.

from his will:

Item. I give and bequeath unto my son John Pitt my Negro Man called Luke and my Negro Man called Peter.

and from the estate papers of John Pitt d 1760:

John Pitt 1761 his wife md Joseph Cutchin
John Pitt
Date: Dec 6, 1760
Location: Isle Of Wight
Record ID: 23446
Description: Testator
Prove Date: Mar 5, 1761
Book-Page: 7-61

Remarks: John Pitt. Leg.-a suit now depending for 500 acres, that Captain John Monro died in possession of, to be continued for my son; wife Priscilla; son John; daughter Elizabeth; daughter Priscilla; son William Pitt.

This probate record was extracted from microfilmed copies of the original Will Book.

6) John 1761 slaves
– PETER, JUDAH, WILL, BEN, JACOB, HARRY, LUKE

That’s it folks …. that is the proof… if you don’t like it make a comment and show where we are wrong.

Further back, the father of John 1748 was Henry Pitt d 1719 (his Executor was brother Joseph and bro in law Thomas Godwin)… so this entire line of “Johns” traces to the first Robert Pitt.

 

———————

From this newly found will of 1780 several questions may be answered….  it seems that John Pitt d.1780 has only ONE heir… his sister Elizabeth.  Which means the other siblings in the will must be dead (Priscilla and William).   Apparently he felt his sister was taken care of by her marriage to Richard West so he left his property to his mother and half brothers James and Joseph Cutchin.

His mother Priscilla Pitt Cutchin dies 1787…

Cutchin, Priscilla

Leg: Son Joseph, James Cutchin

Grandson: John West

Ex: Son Joseph Cutchin

D. October 8, 1787

R. June 5, 1788

Wit: Willis Wilkinson, David Dick

Security: John S. Wills

.

Elizabeth Pitt West has a rocky time with her husband Richard West…  they go to court … he dies in the middle of it all apparently and she marries James Mitchell….. whew.

…her lawsuit…

http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1782-002

————–

It all did seem to work out for Elizabeth Pitt West Mitchell however…. several deeds were crafted in 1784 which refer to at least some of the land of her brother John Pitt:

JAMES/ELIZABETH MITCHELL and JOHN PITT WEST
In the left margine of this deed it is written
” September 3 , 1810 debtr to Maj. Jos. Cutchin”
This indenture made 1st day of December 1783 between JAMES MITCHELL of Newport In Co. of IOW and ELIZABETH his wife of the one part and JOHN PITT WEST of the same parish and county of the other part – whereas on JOHN PITT late of said County and IOW was in his lifetime at the time of his daeath seized and possessed of a very considerable estate in lands lying and being in the parish and county aforesaid and being so seized departed this life making any proper legal dispostion of the same by virtue – -whereby the said lands of the said JOHN PITT hath by law descend and come to the aforesaid Elizabeth, party herto, as the only sister of the whole blood and heir at law of the said JOHN PITT deceased now this indenture – – therefore witnesseth that the said JAMES MITCHELLand ELIZABETH his wife for the natural love and affection and for and in consideration of the sum of 5 shillings current money of Virginia by JOHN PITT WEST to the said JAMES MITCHELL and ELIZABETH his wife in hand paid – – hath granted – – unto JOHN PITT WEST and his heirs – – a parcel of land – -200 acres being part of the lands which have descended and come to the said ELIZABETH as the only sister and heir of law of the said JOHN PITTdeceased bounded as followeth –
to wit beginning at an oak a corner tree of JAMES MITCHELL’S running so 45 poles along a line of marked trees to a corner pine – thence souht 20 degrees west along a line of marked trees – 225 poles to the SANDY RIDGE ROAD then up the said road to a marked tree standing near the road thence north 57 degrees east along a line of marked trees across the swamp called the GREAT SWAMP to CUTCHIN’S line then
along a line of marked trees southwardly to a gum and corner tree of PRISCILLA CUTCHIN’S thence eastwardly along a line of marked trees to the first station – – and all houses, edifices, buildings, gardens orchards, waters, water courses – – -unto the said John Pitt West his heirs – –  Signed      JAMES MITCHELL ( his seal)
ELIZABETH MITCHELL (her seal)
In presence of – THOMAS SMITH, JAMES PEDEN, JAMES WILLS
Proved 4th March 1784

—————————————————

.

And nowhere in that spaghetti is a “James Pitt”…..   so I figure I’ll back up to the Joseph Godwin will of 1757… remember James Pitt is the Executor…

My motto is “Don’t believe anything you hear and only half of what you see”…

So it may NOT have been James Pitt in that will… it may have been a William Pitt??????

 

Here is the 1792 court case…

http://www.lva.virginia.gov/chancery/case_detail.asp?CFN=093-1792-006

Got a headache yet?

…

………. a little tidbit about the author of the GODWIN family in Boddie’s book…

And true to her word Miss Holladay delivered this will to the Nansemond folks in 1918… 6 years prior to the Civil War her father obtained a copy of it.

.

Copy of the Will of THOMAS GODWIN
Old Nansemond Will Book 7, Page 261
[Suffolk Court House, Virginia]In the name of God Amen I, THOMAS GODWIN of Nansemond County being very sick
do make this my last will & testament in manner and form following:First I give and bequeath unto my son THOMAS GODWIN the land and plantation
whereon John Samson now lives to him and his heirs.It: I give and bequeath unto my son JOHN GODWIN all the land and plantation I
purchased of William Campbell to him & his heirs forever.Thirdly, I give and bequeath unto my two sons READE and JEREMIAH GODWIN all
the lands I purchased of my brother EDMOND GODWIN to be equally divided
between them, beginning at the main Creek and taking its length outwards to
them and their heirs forever.Fourthly, I give and bequeath unto my son JAMES GODWIN my watter mill with
her stones and tackling to him and his heirs.  As for the rest of my estate
of what nature or kind soever I desire it may be equally divided between my
loving wife, MARGARET GODWIN and seven children, THOMAS GODWIN, JOHN GODWIN,
READE GODWIN, JEREMIAH GOEWIN, JAMES GODWIN, MARY GODWIN, SAMUEL GODWIN.I appoint my two sons THOMAS GODWIN and JOHN GODWIN my Executors of this my
last will and testament. In witness whereof I have hereunto set my hand and
seal this 11th day of December 1749.THOMS.
GODWIN, (S.S.)
Signed, sealed & delivered
in the presence of us
Thos. Davis
JOSHUA GODWIN
BURGH GODWIN
MATTHEW GODWIN

At a Court held for Nansemond County, February 12th 1749.

The last will and Testament of THOMAS GODWIN Gent:  deceased, was proved by
the oaths of JOSHUA GODWIN, BURGH GODWIN and MATTHEW GODWIN, three of the
witnesses thereto, and ordered to be recorded.

Teste,
J. Wright Cl. Court

At a Court held for Nansemond County April 9th, 1750.
THOMAS GODWIN and JOHN GODWIN, the Executors named in the LAST WILL AND
Testament of THOMAS GODWIN, Gent: deced, refusing to take upon them the
bother of the execution thereof; on the motion of MARGARET GODWIN, relict of
the said THOMAS GODWIN dec’d who made oath according to law: certificate is
granted for her obtaining letters of Administration on the estate of the sd.
THOMAS GODWIN with his said will annexed in due form:  Whereupon she with
EDMOND GODWIN, John Reade, James Pitt, and JOSHUA GODWIN, her securities
entered into bond for that purpose.

Teste,
J. Wright Cl. Cur.
A copy Teste; Peter B. Prentis, Clerk

VIRGINIA:

In the Clerk’s Office of Nansemond County Circuit Court, the 13th, day of 
April, 1918. The foregoing Copy of Will with certificates thereon was 
produced by Miss Mildred M. Holladay to the Clerk of said Court and on her 
application is recorded anew, the Will Book from which the same was copied 
having being destroyed by the burning of the Clerk’s Office and the records 
on the 7th day of February, 1866.

Teste: G. E. Bunting, Clerk
By: Ruby V. Benton, D.C.

source:    http://archiver.rootsweb.ancestry.com/th/read/GODWIN/2002-06/1024883915

——————————————————

This is the earliest “smoking gun” reference I’ve found for this James… other than the 1702 will of Col. John Pitt.  

.

And if you connect the dots from the burning of the “Nansemond” Will Book on 7th day of February, 1866… any “hard” record for this James Pitt went up in flames.  I think any record to be found now will be his “shadow” where he may be a witness here and there to an “Isle of Wight” record… of which, most of those records survived the Civil War.   

——————————————————

This is roughly the area I am talking about…